File:Sketches of the rise, progress, and decline of secession, with a narrative of personal adventures among the rebels (1862) (14575968910).jpg

Identifier: sketchesofrisepr00browuoft (find matches)
Title: Sketches of the rise, progress, and decline of secession, with a narrative of personal adventures among the rebels
Year: 1862 (1860s)
Authors: Brownlow, William Gannaway
Subjects: Secession United States -- History Civil War, 1861-1865
Publisher: Philadelphia, Childs
Contributing Library: Robarts - University of Toronto
Digitizing Sponsor: MSN

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o fillthem with all the malice of hell! Every little upstartof an officer in command at a village or cross-roads wouldproclaim martial law, and require of all going beyond,or coming within, his lines, to show a pass, like somenegro slave! A singular and persistent error seems tocling to the minds of all Secessionists in regard to thepower of military officers to declare martial law. It iscertain that, by the law of the land,—in force in waras well as in peace,—military officers have no right toestablish and exercise over persons not in the militaryservice a law inconsistent with, or in violation of, orparamount to, the common, universal civil law of theland. The legislative authorities alone have power to de-clare and establish martial law. In England, a con-test between the king and the people, as to this power,resulted in favor of the people, and wrung from Charlesthe First a pledge that the king and his officers wouldno more attempt its exercise. And now in England -V .->-..
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Interview of Madison Cate with his Family. (Page 329.) AMONG THE REBELS. 347 no principle of liberty is better understood and moresurely guarded than that no other authority than theParliament can declare or establish martial law. InAmerica the same law prevails, for the principle of lawis here the same as in England. This was decided in theBorden case, which grew out of the Dorr Rebellion inRhode Island. That decision sets forth that it is alonecompetent to the Legislature of a State, by public act,to declare martial law. In the case of General Jacksonat New Orleans, in 1815, the question subsequently gotinto the Supreme Court of Louisiana, an able benchand profoundly learned in the law; and that tribunaldecided that no military officer, no matter of how higha grade, could lawfully arrest or suspend the action ofthe regular courts of the country. (See the casereported by Martin.) But in Knoxville that bad man and tyrant, Lead-better, alone presided in his military court, declaredmart

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