Military Arrests in Time of War

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Where must the enemy be to authorize martial law I Suppose the enemy is an army, a regiment, or a single man; yet, be the number of persons more or less, it is still the enemy.
Who is the enemy ? Whoever makes war.
Who makes war 'i Whoever aids and comforts the enemy. He commits treason. He makes war.
A raid into a northern State v/ith arms is no more an act of hostility than a conspiracy to aid the enemy in the northern States by northern men.
All drafts of soldiers are made in places remote f
...rom the field of conflict. If no arrest can be made there, then the formation of the army can be prevented.
Can a spy be arrested by martial law ? There was no law of the United States against spies outside of camps. There was nothing but martial law against them. A spy from the rebel army no one could doubt should be arrested. Why should not a spy from the northern States be arrested ?
Thus it is obvious that the President, if deprived of the power to seize or capture the enemy, wherever they may be found, w^hether remote from the field of liostil- 46 MILITARY ARRESTS IN TIME OF WAR.


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