MARTIAL LAW ( hat. marlialis, pertaining to war or Stars, from liars. the god of a The exercise of exceptional governing power by mili tary authorities in cases where the law is superseded by the control of military forces. It is not a written law, hut arises out of a neces sity, either (a) in case of the invasion of a foreign country by bellicerents, or (b) where by the force of internal dissension or conflict the regular civil :tut hority.of a country is partly or wholly overcome, and the proelamation of martial low is necessitated by the exigency of the occa sion.
Martial law includes under its sway all persons —whether civil o• military. In its administra tion the forms of military law are adhered to a: far as practicable. In the Civil 'War the Govern ment of the United States declared martial law to be the immediate and direct effect and con sequence of occupation or conquest. and that it was simply military authority exercised in ac cord:lime with the laws and usages of war. When a place, district, or country is occupied by an enemy, civil and criminal continues to take its usual course unless stopped by order of the oecupying military power; but the of the hostile government, legislative, executive, or administrative. cease. or continue only with the sanction or participation of the occupier. Under martial law cases which come within the 'rules and articles of war•,' or the jurisdiction conferred by statute on courts-martial, are tried by the latter, otherwise by military commission. It was
the judgment of the Supreme Court of the United States ca' p. Milligan (4 Wall 2, 127), that when the civil courts are open and in 'the unobstrueted exercise of their jurisdiction.' a military tribunal is without the necessary jurisdiction to try civilians. Alartial law is not. retrospective. An offender cannot lie tried for an offense committed before martial law is proclaimed. Martial law may continue in a conquered enuntry until a civil govern ment can he established or restored. Acts done under martial law have no immediate consti tutional or legislative authorization. but ema nate directly from the military power. But where the civil authority exists the Constitution is im perative (Art. vi. sec. 21 that it shall lie para mount. Under the constitutional system of the United States. it is held by the Supreme Court that a State Legislature may proclaim the exist ence of martial law 'When demanded by the public safety. The power of the Federal Government to make such proclamation is a restricted one, im plied from the clause in the Constitution (Art. i. see. 9, sub. 2), providing that only in cases of rebellion or invasion, where necessary for the general welfare. shall the writ of halwas corpus he superseded. For further information as to the suspension of the privilege of habeas corpus in time of martial law, see HABEAS CORPUS. Com pare MILITARY from which martial law must be distinguished.