With an army in the field, certain persons, not soldiers, are also subject to the provisions of "Military Law," such as civilians serving with the force in an official capacity; persons accompanying the troops with special leave, such as newspaper correspondents and contractors; persons employed with the troops, such as transport drivers; other persons known as followers who accompany the troops either as sutlers or on business or pleasure with the permission of the commander.
"Martial Law," on the other hand, is only operative in war. It is in fact no law at all, and has been accurately defined as the "will of the conqueror." The expression "Customs of War" would perhaps better define what is meant by "Martial Law," because the word Law conveys the idea to most people of an enactment containing a fixed and rigid rule which must be obeyed, and which, if disobeyed, will involve punishment.
This "Law" or "Custom" is applicable to all persons and inhabitants not subject to "Military Law" residing within the foreign country or that portion of it occupied by the troops, and also within districts under British rule abroad, which, in consequence of riot or rebellion, are so declared to be subject to "Martial Law" by proclamation.
It will thus be seen that a commander of troops in time of war acts in two distinct capacities. First, he governs the troops by "Military Law" only; secondly, in his position of governor of the country he occupies, he imposes such laws or rules on the inhabitants as in his opinion are necessary to secure the safety of his army, and also the good government of the district which, by reason of the war or rebellion, may for the time have been deprived of its ordinary rulers and the machinery for maintaining order.
For the purpose of administering "Martial Law" or the "Customs of War" no rules or regulations are absolutely laid down, but certain customs exist among civilised nations which are generally recognised.
At the present time the practice in force is that, when practicable, "Martial Law" should only supplement the civil procedure, but when the civil Government is absent or, in consequence of war, is paralysed, "Martial Law" must of necessity replace the civil.
In administrating "Martial Law" by a Military Court the ordinary procedure recognised by "Military Law" is followed. This is done because the Military Court would be composed of military officers whose training would make them conversant with such procedure, and because some uniformity in administrating justice would thus be ensured.
FACTS AND OTHERWISE.
We wish to draw the attention of the troops of all ranks to the benefits which the use of the Public Free Library offers.