Duke Uniwrsitt Libraries D03212450H ^:S^ [House of Representatives, No. 10.] HOUSE OF RErRESENTATIVES, Sept. 13, 1862. Read first and second times, placed on Calendar and ordered to be printed. [By Mr. RussellJ JOII^T riESOLXJTIO:N^S Relating to Martial Law. 1 I. Resolved by the Senate ami House of Represenlatwrs, 2 That martial law, in the sense of an arbitrary supension of 3 all the laws and civil jurisdictions, cannot exist within the 4 Confederate States. 1 II. Martial law in any sense, if it can exist within the 2 Confederate States, can exist only by virtue of legislative 3 authority. 1 III. Military law (for the government of the forces) is 2 distinct from martial law and it is enacted by Congress 3 in pursuance of the Constitution. 1 IV. Without martial law military commanders may 2 sometimes exert extraordinary powers at and near the 2 3 places occupied by their troops, and may be justified by 4 the nature and necessities of the service and, therefore, 5 by the laws authorizing the employment of the forces ; 6 but they assume the hazard of responsibility according 7 to known principles of l:.w 1 V. For the security of liberty and the certainty of 2 law, powers which are necessary to be» conferred on the 3 President or on military commanders, in lieu of the power 4 to declare martial law within the Confederate States, 5 ought to be conferred by distinct enactments. ^c 9^ CI, [House of Representatives, No. 5.] HOUSE, Sept. 13, 1862.— Ordered to be printed. RESOLUTIONS BY MR. DARGAN. 1 Resolved, That martial law, as it was understood in 2 England centuries ago, cannot exist under our form of 3 govcrument ; yet, to a limited extent, when our countr}' 4 is invaded, and the safety of our Army, as well a.s the 5 protection of our people demand it, mai-tial law maj' ex- ist. 1 II. Martial law, under our government, suspends no 2 provision of the Constitution, nor any act of Congress ; 3 nor does it even suspend the civil law during its reign, 4 as between citizen and citizen ; yet, with these restric- 5 tions it has a field of operation, and may be called into G existence when necessity demands it. 1 III. Tn tliis limited sense martial law is distinguisha- 2 ble from tlie military law of the country, which governs 3 the army alike in peace and in war. and it consists in ^4 subjectHig the people of a particular town or district to 5 the orders and control of the commanding officer. 1 IV. It can only be declared in time of war, and only 2 then, when there is a necessity for it, for the pi'eserva- 3 tion of our armies, and for the defence of the particular 4 towi\oa' district over whic^t is declared. The orders 5 and regulations coming from the officer in command, to 6 the citizens of such town or district, under such circum- 7 stances, is martial law, for no other name can be given 8 to them. 1 V. The power or authority to subject the citizen to 2 the orders and control of the military commander, must 3 be an incident to the duty of preserving the army, and 4 the defence of the place, and as this duty is confided by 5 the Constitution in the President, he alone can declare 6 martial law. 1 VI. Martial law operates on the person of the citizen, 2 but does not affect his title or rights of property. It 3 may, however, control the use of particular articles, or 4 the disposition of them, when the uncontrolled use or 5 right of disposition would be injurious to the army, or 6 render the defence of the town or district less secure. 1 VII. The suspension of the writ of habeas corpus by 2 Congress is not martial hxw, nor has the Constitution in- 3 vested Congress with tlio power of declaring martial 4 Itiw. Congress may, however, control and limit martial 5 law as it may see fit, as it may any other power inciden- 6 tal to the command of our armies. 1 VIII. When martial law is declared by the President, 2 the limits of its territorial extent should be clearly de- 3 fined by him, and cannot legally e.xist longer than the 4 necessity, which required its existence, continues. ^^z.^ ^^€^-^^^_^ ■^ 2X ^^^ r- '\ ^. ^^i r<^^ ^^^L^<^ /^H^ '/ i^^^^-^?^- ^^ ^^■^r^t-^ ^.Z-B ^i^lie-^i-^^'^ d^e-^C^ ^t-K^ tr2. ^^^ ^i^r X. ^iC^^ y- ^^^ t ,rr« ? / - — -^^f-^ S^-^^Ce » r=^^^ f -C -e- y^-- i^ c^^t^ x^ <2-c— rf' ^