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 D03212454L 
 

 [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 government ; yet, to a limited extent, when our country 
 
 4 is invaded, and the safety of our Army, as well as the 
 
 5 protection of our people demand it, martial law may 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. In this limited sense martial law is distinguisha- 
 
 2 ble - from the military law of the country, which governs 
 
 3 the army alike in peace and in war, and it consists in 
 
2 
 
 4 subjecting 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 preserva- 
 
 3 tion of our armies, and for the defence of the particular 
 
 4 town or district over which it 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 Y. 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. 
 
3 
 
 1 . VII. The suspension of the writ of habeas corpus by 
 
 2 Congress is not martial law, nor has the Constitution in- 
 
 3 vested Congress with the power of declaring martial 
 
 4 law. 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 exist longer than the 
 
 4 necessity, which required its existence, continues. 
 
Hollinger Corp. 
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