Observations Supporting Existence of The Perpetual State of Martial Law

francis_lieber_-_brady-handy
Professor Francis (Franz) Lieber

As often discussed by my very good friend Hal Anthony in his weekly podcast (http://www.reallibertymedia.com/2013/04/behind-the-woodshed-podcasts/) here is some food for thought in support of the contention that the United States exists under the provisions of continuous martial law:

“THERE WAS NO TREATY SIGNED TO END THE CIVIL WAR. The surrender at Appomattox Court House was a military surrender of an army which was surrounded. THE CONFEDERATE GOVERNMENT NEVER SURRENDERED and even had it wanted to the United States government would likely not have accepted. To do so would have legally acknowledged the existence of the Confederate States of America and would have legitimized it and given it certain legal status internationally. Treaties are between two nations and the U.S. would never concede the legal existence of the Confederacy – EVEN THOUGH IT HAD A GOVERNMENT, ARMIES, TAXES AND ALL THE TRAPPINGS OF A MODERN GOVERNMENT.” (emphasis added)
http://www.nps.gov/…/faqs.htmhtt…//www.nps.gov/apco/faqs.htm

and, “Article 1 (General Orders No. 100 : The Lieber Code)

“A PLACE, DISTRICT, OR COUNTRY OCCUPIED BY AN ENEMY STANDS, IN CONSEQUENCE OF THE OCCUPATION, UNDER THE MARTIAL LAW OF THE INVADING OR OCCUPYING ARMY, WHETHER ANY PROCLAMATION DECLARING MARTIAL LAW OF THE INVADING OR OCCUPYING ARMY, WHETHER ANY PROCLAMATION DECLARING MARTIAL LAW, OR ANY PUBLIC WARNING TO THE INHABITANTS, HAS BEEN ISSUED OR NOT. Martial Law is the immediate and direct effect and consequence of occupation or conquest.

“THE PRESENCE OF A HOSTILE ARMY PROCLAIMS ITS MARTIAL LAW.

“Art. 2.

“MARTIAL LAW DOES NOT CEASE DURING THE HOSTILE OCCUPATION, EXCEPT BY SPECIAL PROCLAMATION, ORDERED BY THE COMMANDER IN CHIEF; OR BY SPECIAL MENTION IN THE TREATY OF PEACE CONCLUDING THE WAR, when the occupation of a place or territory continues beyond the conclusion of peace as one of the conditions of the same.

“Art. 3.

“Martial Law in a hostile country consists in the suspension, by the occupying military authority, of the criminal and civil law, and of the domestic administration and government in the occupied place or territory, and in the substitution of military rule and force for the same, as well as in the dictation of general laws, as far as military necessity requires this suspension, substitution, or dictation.

“THE COMMANDER OF THE FORCES MAY PROCLAIM THAT THE ADMINISTRATION OF ALL CIVIL AND PENAL LAW SHALL CONTINUE EITHER WHOLLY OR IN PART, AS IN TIMES OF PEACE, unless otherwise ordered by the military authority.” (emphasis added)

http://avalon.law.yale.edu/19th_century/lieber.asp#sec1

Thoughts?