Page:The New International Encyclopædia 1st ed. v. 13.djvu/133

* MABTIAL LAW. Ill MARTIN. MARTIAL LAW ( I.at. iiKiilialin, pei-taining to war or ^Mavs, fnnu Mars, tlio god <it' war). The exercise of fxceptional goveriiiii<i; ])ower by mili- tary authorities in cases where the ordinary hxw is superseded by the control of niilitary forces. It is not a written law, but arises out of a neces- sity, either (a) in case of the invasion of a foreign country by belliirerents. or (b) where by the force of internal dissension or conlliet the regular civil authority- of a country is parfly or wholly overcome, and the ])roclaniation of martial law is necessitated by the exigency of the occa- sion. Slartial law includes under its sway all persons — whether civil or military. In its administra- tion the forms of military law are adhered to as far as practicable. In the Civil War the Govern- ment of the United States declared martial law to be the immediate and direct effect and con- sequence of occupation or conquest, and that it was simply military aiithority exercised in ac- cordance with the laws and usages of war. When a place, district, or country is occupied by an enemy, civil and criminal law continues to take its usual course unless stopped by order of the occupying military power: but the functions of the hostile government, legislative, executive, or administrative, cease, or continue only with the sanction or participation of the occupier. Under martial law cases which come within the 'rules and articles of war,' or the jurisdiction conferred by statute on courts-martial, are tried by the latter, otherwise by military commission. It was the judgment of the Supreme Court of the United States ex p. Millifian (4 AVall 2, 127), that when the civil courts are open and in 'the unobstructed exercise of their jurisdiction,' a military tribunal is without the necessary jurisdiction to try civilians. Martial law is not retrospective. j olTen<ler cannot be Iricd for an oft'ense committed before martial law is ])roclaimed. Martial law may continue in a conquered country until a eivil govern- ment can be established or restored. .ets done under martial laAV have no immediate consti- tutional or legislative authorization, but ema- nate directly from the military power. But where the civil authority exists the Constitution is im- perative (-rt. vi, sec, 2) that it shall lie pant- mount. Under the constitutional system of the United States, it is held by t'ne Supreme Court that a State Legislature may proclaim the exist- ence of martial law when demanded by the public safety. The power of the Federal Government to make such proclamation is a restricted one, im- plied from the clause in the Constitution (."Vrt. i. sec, 0. sub. 2), providing that only in cases of rebellion or invasion, where necessary for the general welfare, shall the writ of hiihcafi rarptis he superseded. For further information as to the suspension of the privilege of hahmn coijnif: in time of martial law, .see H.UE.s COBPV.S. Com- pare !Mn.TT.RT Law, from which martial law must be distinguished, MAR'TIA'NUS CAPEI/LA. See C.^^pella, MAR'ri.xvs ]IiMEus Felix, MARTIGNAC, m.ar'tp'nyftk'. .Jean Bapttste .t.c:av, Vicnmte de (1770-18,32). A French poli- tician and administrator, born at Bordeaux, Hi.s devotion to the Bourbons and his services to the Duchess d'.Angouleme during the Hundred Dayg won him the post of Procurator-General of Li- moges in ISin. Two years after, he was elected a De|iuty ; made him.self prominent by his elo- quence and his gradual abandonment of his extreme Bourbcm .sentiments; and, iu 1828, be- came Secretary of the Interior and actual head of the Ministry. Here his policy was checked by a combination of the Right and the Left. He re- tired in August, 1820, and signed the address of the Two Hundred and Twenty-One; but after the revolution of duly boldly defended Charles X, He wrote an Essai histurique sair la revolution d'Ea- pagiie cl sur rinlervcntiun de 1S23 { 1S32) . Con- sult Daudet, Le minisidre de il. de Martignac (Paris, 1875). MARTIGNY, mar'te'ny^', or MARTINACH (Lat. OcloduniiH ) . Three united villages in llie Canton of Valais, Switzerland, situated on the left slope of the Rhone Valley, about twent3'-four miles south from the east end of Lake Geneva (Map: Switzerland, B 2), The tw'o noted routes, one to the Vale of Chamonix by the TOte Noire or the Col de Balme, and another to the Great Saint Bernard, branch olT here, JIartigny is on the Simplon road into Italv, and is a great resort for tourists. Population, in 1900, 4292. MARTIN (from Martin, Fr. Martin, from jIL, Martiniis, ilartin, from Lat, Mars, the god of war), A swallow: in the United States, one of the large purple swallows of the genus Progne. Several of the South American species are famil- iar birds in Argentina, one species {Pror/iie ta- pcra) breeding only in the clay structures of an oven-bird. The connnon purple martin (Progne suhis) is widely distributed in North America, ranging in summer as far north as Newfoundland and the Saskatchewan, and wintering in Central and South America. The martin is eight inches long and sixteen across the wings. The male is shining blue-black, while the female is bluish- black above and brownish-gray beneath. The nest was primitively made in hollows of old trees, but in all settled parts of the country the birds now occupy bird-liouses set upon poles for their accommodation, and they have distributed themselves accordingly, not frequenting farms or villages where bird-houses are not erected for them. In occupying these houses they must with- stand the competition of bluebirds, wrens. Eng- lish sparrows, and, worst of all, of white-bellied swallows. The growing scarcity of the bird in New England is attributed mainly to the usurpa- tions of the last-named species, which arrives in the spring somewhat earlier than the martin, and, having got possession of the quarters, can- not easily be dislodged. These various influences make the distribution of the species more and more local, and are lessening its numbers in the Northeastern States, In the Soutli they are more numerous and familiar, and they are every- where regarded with all'ection. The eggs are pure white, The food and habits of the martin are like those of other swallows (q,v,). In Europe the black swift is sometimes called 'black martin,' and in France the name 'martin' is applied to the kingfisher; but the French colo- nists in the Orient call the grakles of the genus .cridotherps 'martins.' In the United States the bank-swallow (q,v,) is sometimes called 'sand-martin,' and the kingbird is occasionally called 'bee-martin,' Such uses of the word, how- ever, are confusing, and it is desirable that the name martin should be confined at least to the