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 MARTIN 207 least, also permits its proclamation by that clause which provides that the privileges of the writ of habeas corpus shall not be sus- pended, unless when, in cases of rebellion or invasion, it is essential to the general welfare. The right to judge whether the exigency has arisen belongs, it seems, exclusively to con- gress. So in England martial law and its in- cident, the suspension of the writ of habeas corpus, require the authority of parliamentary acts to give them a constitutional existence. The supreme court of the United States also held in Milligan's case (4 Wallace, 2), that martial law could not be permitted, even du- ring the existence of a civil war, to displace the ordinary administration of law in a state not invaded and not engaged in rebellion, and where the courts were open and in the proper and unobstructed exercise of their functions ; and that the guaranty of jury trial in the con- stitution would make void all trials and sen- tences by military tribunals in such states of citizens not in military or naval service. And neither the president, nor congress, nor the judiciary, it was held, could take from the citizen the benefit of such guaranty under the circumstances stated. MARTIN, an American bird, the largest of the swallow family, belonging to the genus progne (Boie). The bill is strong and short, with a very wide gape and curved culmen; the wings lengthened, the first quill the longest; the tail moderate, but considerably forked; tarsi shorter than the middle toe and robust ; the toes long and strong, the lateral ones equal, with curved claws. The best known is the purple martin (P. purpurea, Boie), generally Martin (Progne purpurea). 1. Female. 2. Male. distributed over North America ; the length is V^ in., the extent of wings 16 in., and the bill along the gape 1 in. ; the general color is glossy steel blue, with purple and violet reflections ; the female and young are less brilliant, and pale brownish below with darker and bluish 535 VOL. XL 14 blotches; the bill brownish black; the closed wings are rather longer than the tail, and the tarsi and toes are naked. Martins appear in Louisiana early in February in large flocks, in the middle states from the middle of March to the 10th of April, in New England about the 25th of April, and further north at a later period, departing for the south again about the 20th of August in immense flocks and all at once at the dawn of some calm morning. The flight is graceful, easy, and swift; they are expert in catching their insect prey, in bathing and drinking while on the wing, and in performing aerial evolutions to the annoy- ance of their bird enemies ; they are very bold, and do not hesitate to attack crows and hawks, which from their superior powers of flight they drive away; even the fierce little king bird (sometimes called field martin), with simi- lar fighting propensities, has to yield to the strong and swift martin; they perch easily upon trees, and, notwithstanding the short- ness of their legs, walk well upon the ground. From their attacking cats, dogs, and all flying marauders of the farm yard, they are great favorites, and are provided with elevated boxes for rearing their young in most towns of the United States ; these harbingers of spring are much attached to their breeding places, and return to the same year after year ; in the ab- sence of a box, they build in any crevice or- hole in a tree. The nest is made of leaves, twigs, grasses, feathers, and other soft mate- rials, and generally contains four to six pure white eggs ; many pairs breed in the same box in perfect harmony ; two broods are generally reared in a season ; the males assist in incuba- tion. The food consists of wasps, bees, beetles, and other insects, though they seldom seize the honey bee. In England some of the swal- lows are called martins; these, as the house martin (chelidon urbica, Boie), and the sand or bank martin (cotyle riparia, Boie), are no- ticed under SWALLOW. MARTIN. I. An E. county of North Caroli- na, bounded N. by the Eoanoke river; area, 420 sq. m. ; pop. in 1870, 9,647, of whom 4,583 were colored. The surface isjevel and the soil generally sandy. The chiei productions in 1870 were 206,384 bushels of Indian corn, 47,799 of sweet potatoes, and 3,607 bales of cotton. There were 696 horses, 566 mules and asses, 1,232 milch cows, 2,738 other cattle, 2,253 sheep, and 11,630 swine. Capital, Wil- liamston. II. An E. county of Kentucky, formed since the census of 1870, separated from West Virginia by the Tug fork of Sandy river ; area, about 250 sq. m. The surface is mountainous and well timbered. Capital, Warfield. III. A S. W. county of Indiana, drained by the E. fork of White river and by Lick creek ; area, 340 sq. m. ; pop. in 1870, 11,103. The surface is hilly and the soil mod- erately fertile. The Ohio and Mississippi rail- road intersects it. The chief productions in. 1870 were 102,288 bushels of wheat, 360,680