martial
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LAW, MARTIAL. Martial law is a code established for the government of the
army and navy of the United States.
2. Its principal rules are to be found in the articles of war. (q.v.)
The object of this code, or body of regulations is to, maintain that order
and discipline, the fundamental principles of which are a due obedience of
the several ranks to their proper officers, a subordination of each rank to
their superiors, and the subjection of the whole to certain rules of
discipline, essential to their acting with the union and energy of an
organized body. The violations of this law are to be tried by a court
martial. (q.v.)
3. A military commander has not the power, by declaring a district to
be under martial law, to subject all the citizens to that code, and to
suspend the operation of the writ of habeas corpus. 3 Mart. (Lo.) 531. Vide
Hale's Hist. C. L. 38; 1 Bl. Com. 413; Tytler on Military Law; Ho. on C. M.;
M'Arth. on C. M.; Rules and Articles of War, art. 64, et seq; 2 Story, L. U.
S. 1000.