MARTIAL LAW. 



439 



upon them, for the time being, so far as it may 

 appear to be necessary in order to the full ac- 

 complishment of the purposes of the war ; the 

 party who exercises it being liable in an action 

 for any abuse of the authority thus confer/ed. 

 It is the application of military government 

 the government of force to persons and prop- 

 erty within the scope of it, according to the 

 laws and usages of war, to the exclusion of the 

 municipal government, in all respects where 

 the latter would impair the efficiency of mili- 

 tary rule and military action. When the pub- 

 lic safety requires it, and the civil authority is 

 powerless to provide that safety, the stiong 

 arm of the military is invoked, and the will at 

 the head of the military is the governing power. 

 It is not an irresponsible will. It can exercise 

 no more force than is required to effect its ob- 

 ject the public safety. It must cease so soon 

 as the exigency .which called it forth has been 

 satisfied. The civil power must then be re- 

 stored, and for every oppressive act done from 

 corrupt motives, for every wilful abuse of the 

 authority and power thus exercised to the 

 wrong or injury of the public or the citizen, 

 to person or to property, the person commit- 

 ting it will be responsible in the ordinary courts 

 of justice. 



Many interesting and important questions arise 

 relative to martial law, such as, ''Who has the 

 power to declare it? " &c., which more properly 

 belong to other volumes. The course of events 

 in relation to this subject affords the best expo- 

 sition of the views of the Government respecting 

 its powers and duties regarding martial law. 



At Baltimore, the measures contemplated 

 were gradually adopted, and the extent of 

 their operations appears to have been decided 

 by the views of the commanding General re- 

 specting the state of affairs in the city. Mar- 

 tial law was never fully and entirely declared. 

 Civil law continued in force, with the excep- 

 tion that some orders were issued, and some 

 acts were done, which could take place only 

 under a recognized existence of martial law. 



Thus, on the 13th of May, General Butler 

 marched a body of troops into Baltimore, and 

 encamped on Federal Hill. On the next day, 

 the 14th, he issued a proclamation to the citi- 

 zens. For that portion of the proclamation 

 which states his objects in placing his force in 

 the city, see BALTIMORE ; the remainder of 

 the proclamation, which declares the extent to 

 which he shall exercise his powers, and forbids 

 certain acts on the part of the citizens, was as 

 follows : 



No transportation from the city to the rebels of arti- 

 cles fitted to aid and support troops in the field will 

 be permitted, and the fact of such transportation, after 

 the publication of this proclamation, will be taken and 

 received as proof of illegal intention on the part of the 

 consignors, and will render the goods liable to seizure 

 and confiscation. 



The Government being ready to receive all such 

 stores and supplies, arrangements will be made to 

 contract for them immediately, and the owners and 

 manufacturers of such articles of equipment and cloth- 

 ing, and munitions of war and provisions, are desired 



to keep themselves in communication with the Com- 

 missary-General, in order that their workshops may 

 be employed for loyal purposes, and the artisans of the 

 city resume and carry on their profitable occupations. 



The acting Assistant-Quartermaster and Commis- 

 sary of Subsistence of the United States here sta- 

 tioned, has been instructed to proceed and furnish, at 

 fair prices, 40,000 rations for tne use of the army of 

 the United States, and further supplies will be drawn 

 from the city to the full extent of its capacity, if the 

 patriotic and loyal men choose so to furnish supplies. 



All assemblages, except the ordinary police, of armed 

 bodies of men, other than those regularly organized 

 and commissioned by the State of Maryland, and act- 

 ing under the orders of the Governor thereof, for 

 drill and other purposes, are forbidden within the de- 

 partment. 



All officers of the militia of Marvland, having com- 

 mand within the limits of the department, are re- 

 quested to report through their ofhcers forthwith to 

 the General in command, so that he may be able to 

 know and distinguish the regularly commissioned and 

 loyal troops of Maryland from armed bodies who may 

 claim to be such. 



The ordinary operations of the corporate govern- 

 ment of the city of Baltimore and of the civil authori- 

 ties will not be interfered with, but. on the contrary, 

 will be aided by all the power at the command of the 

 General, upon "proper call being made, and all such 

 authorities are cordially invited to cooperate with the 

 General in command to carry out the purposes set 

 forth in the proclamation, so that the city of Baltimore 

 may be shown to the country to be, what she is in fact, 

 patriotic and loyal to the Union, the Constitution, and 

 the laws. 



Xo flag, banner, ensign, or device of the so-called 

 Confederate States, or any of them, will be permitted 

 to be raised or shown in this department, and the ex- 

 hibition of either of them by evil-disposed persons will 

 be deemed and taken to be evidence of a design to 

 afford aid and comfort to the enemies of the country. 

 To make it the more apparent that the Government 

 of the United States by far more relies upon the loy- 

 alty, patriotism, and zeal of the good citizens of Balti- 

 more and vicinity than upon any exhibition of force 

 calculated to intimidate them into that obedience to 

 the laws which the Government doubts not will be 

 paid from inherent respect and love of order, the com- 

 manding General has brought to the city with him, of 

 the many thousand troops in the immediate neighbor- 

 hood, wh'ich might be at once concentrated here, scarce- 

 Iv more than an ordinary guard, and until it fails him, 

 tie will continue to relv upon that loyalty and patriot- 

 ism of the citizens of Maryland, which have never yet 

 been found wanting_ to the Government in time of 

 need. The General in command desires to greet and 

 treat in this part of his department all the citizens 

 thereof as friends and brothers, having a common 

 purpose, a common loyalty, and a common country. 

 Any infractions of the laws by the troops under his 

 command, or any disorderly, unsoldierlike conduct, or 

 any interference* with private property, he desires to 

 have immediately reported to him, and pledges him- 

 self that if any soldier so far forgets himself as to break 

 those laws that he has sworn to defend and enforce, he 

 shall be most rigorously punished. 



The General believes that if the suggestions and re- 

 quests contained in this proclamation are faithfully 

 carried out by the cooperation of all good and Union- 

 loving citizens, and peace and quiet, and certainty of 

 future peace and quiet are thus restored, business will 

 resume its accustomed channels, trade take the place 

 of duluess and inactivity, efficient labor displace idle- 

 ness, and Baltimore will" be in fact what she is entitled 

 to be, in the front rank of the commercial cities of the 

 nation. 



Given at Baltimore, the day and year (May 14th, 

 1861) herein first above written. 



BEXJ. F. BUTLER. 



Brig.-General Comm'fi: Department of Annapolis. 

 E. G. PARKER, Lieut.-Cul., Aide-de-Camp. 



