The Continental Monthly, Vol 6, No 5, November 1864: Devoted To Literature And National PolicyVarious
History
The Continental Monthly, Vol 6, No 5, November 1864: Devoted To Literature And National Policy
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
In support of these views it is pertinent to cite the authority of an
approved text writer on municipal law, whose book has appeared since
they were first written, and who has elaborately investigated the points
involved. The result of his patient and thorough study is stated in
these propositions:
'That no civil power resides in any department of the Government to
interfere with the fundamental, personal rights of life, liberty,
and property, guaranteed by the Constitution; that a warlike power
is given by the Constitution to the President temporarily to
disregard these rights by means of the martial law; that under the
sanction of this species of law, the President and his subordinate
military officers may, within reasonable limits, suspend the
privilege of the writ of _habeas corpus_, cause arrests to be made,
trials and condemnations to be had, and punishments to be
inflicted, in methods unknown to the civil procedure, but are
responsible for an abuse of the power; and that the martial law, as
a necessary adjunct of military movements, may be enforced in time
of invasion or rebellion, wherever the influence and effect of
these movements directly extends.'[6]
[Footnote 6: Sec.716 of 'An Introduction to Municipal Law,' by John Norton
Pomeroy, Esq., Professor of Law in the New York University Law School.
The whole chapter from which the extract is taken is worthy of diligent
perusal, and the writer regrets that want of space alone prevents him
quoting more fully from Professor Pomeroy's lucid exposition of the
doctrine of martial law under our Constitution.]
These conclusions of the law are worthy to be considered carefully in
view of the solemn resolutions of the Chicago platform, that 'military
necessity' and the 'war power' are 'mere pretences' to override the
Constitution.
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