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This concurring opinion is quietly published after the case, and is included with the holding of High Adjudicator Tornbrook.
Justice Masterson (concurring)
The court's holding is a fair one, I believe, considering the circumstances of the accused. His situation was not entirely of his own doing, and it would be remiss of this court to treat him as an enemy of the state in the most common and literal sense in sentencing him to a punishment that is more extreme. As far as the court knows, he is telling the truth and has not committed any significant acts of treason against the state, nor caused any significant harm to those who serve and protect it. At best he is a nuisance, at worst a candid confessor of crimes he did not have the capacity to commit. To think that a single man is capable of usurping a Legion outpost and rising in rebellion against the state with almost no resources besides his own wits and lack of common sense is laughable. However, the defendant's sanity and intelligence is not in question here.
His attitude, and the reason for such, are more important in my mind. He treated this court as unfair, unjust, and as though it had a predetermined judgement before the opening statements had even taken place. The fact that a man, even one who had been in this valley for only several weeks, needed to question the fairness of the judicial system is one that stands out in my mind as something that should be addressed.
It has been a significantly long period that this valley has been under martial law. The reasons for such were called into being before the council of Arbiters, when it existed, as a result of incursions onto Sundren territory and for the safety of its citizens. See State of the Legion address. This martial law effect was carried over after the rising of the City, for the purposes of having a tighter security force on its inhabitants. See Second Sundering. However, I believe that 'martial law' was incorrectly defined in this case, as being the right of the Sundarian Legion to "preemptively act" to protect the state, and instead has a broader definition.
Martial law has been defined as, "The exercise of government and control by military authorities over the civilian population of a designated territory during periods of civil war and chaos." I believe this term is accurate to an extent as to the current condition of the valley. The Sundarian Legion does have the right to act in a way that supersedes the iron law of Helm, based off of the Emperor's commands.
However, I believe this perverts the purpose of the Sundarian Legion, which is to protect its citizens and uphold the law, rather than ignore it. The armies of the Emperor serve a dual purpose. They fight in the name of Sundren against its enemies, as well as serve as peacekeepers and law keepers among its populace. These two functions, I believe, have become confused in the eyes of many, and in particular this case. This man should have been arrested and set before a court without question, if there was evidence of treason and usurpation of Sundren territory. The main function of martial law is to allow the military to take necessary measures to ensure the safety of its citizens at the cost of individual rights and liberties.
But if the military chooses to ignore its citizens rights and liberties in cases that are not extreme or obviously have called for the strict measures allowed by the Emperor, what then is the purpose of the law that this nation was founded upon?
What of the dogma's of Tyr, Torm, Ilmater, and Helm? What of our laws and rules that guarantee a tax paying citizen the right to conduct business and life in a regular manner? If martial law had been allowed to collect this man's head for treason, as was purported, justice would have been subservient to unnecessary tyranny, something the Legion and Sundren government has sacrificed much to fight against in its campaign against the Black Hand.
It is with this in mind that I recommend that the abilities of, and the rights removed due to martial law is granted a review by the military government in determining a fair resolution to this issue. The law of Sundren should not be continuously overridden by the will of the military without any recourse for those accused of wrong doing, and the roles of the Legion should be more closely examined in their dual capacity as both military and law keepers.
Watchful Guard,
Thomas Masterson
Justice Masterson (concurring)
The court's holding is a fair one, I believe, considering the circumstances of the accused. His situation was not entirely of his own doing, and it would be remiss of this court to treat him as an enemy of the state in the most common and literal sense in sentencing him to a punishment that is more extreme. As far as the court knows, he is telling the truth and has not committed any significant acts of treason against the state, nor caused any significant harm to those who serve and protect it. At best he is a nuisance, at worst a candid confessor of crimes he did not have the capacity to commit. To think that a single man is capable of usurping a Legion outpost and rising in rebellion against the state with almost no resources besides his own wits and lack of common sense is laughable. However, the defendant's sanity and intelligence is not in question here.
His attitude, and the reason for such, are more important in my mind. He treated this court as unfair, unjust, and as though it had a predetermined judgement before the opening statements had even taken place. The fact that a man, even one who had been in this valley for only several weeks, needed to question the fairness of the judicial system is one that stands out in my mind as something that should be addressed.
It has been a significantly long period that this valley has been under martial law. The reasons for such were called into being before the council of Arbiters, when it existed, as a result of incursions onto Sundren territory and for the safety of its citizens. See State of the Legion address. This martial law effect was carried over after the rising of the City, for the purposes of having a tighter security force on its inhabitants. See Second Sundering. However, I believe that 'martial law' was incorrectly defined in this case, as being the right of the Sundarian Legion to "preemptively act" to protect the state, and instead has a broader definition.
Martial law has been defined as, "The exercise of government and control by military authorities over the civilian population of a designated territory during periods of civil war and chaos." I believe this term is accurate to an extent as to the current condition of the valley. The Sundarian Legion does have the right to act in a way that supersedes the iron law of Helm, based off of the Emperor's commands.
However, I believe this perverts the purpose of the Sundarian Legion, which is to protect its citizens and uphold the law, rather than ignore it. The armies of the Emperor serve a dual purpose. They fight in the name of Sundren against its enemies, as well as serve as peacekeepers and law keepers among its populace. These two functions, I believe, have become confused in the eyes of many, and in particular this case. This man should have been arrested and set before a court without question, if there was evidence of treason and usurpation of Sundren territory. The main function of martial law is to allow the military to take necessary measures to ensure the safety of its citizens at the cost of individual rights and liberties.
But if the military chooses to ignore its citizens rights and liberties in cases that are not extreme or obviously have called for the strict measures allowed by the Emperor, what then is the purpose of the law that this nation was founded upon?
What of the dogma's of Tyr, Torm, Ilmater, and Helm? What of our laws and rules that guarantee a tax paying citizen the right to conduct business and life in a regular manner? If martial law had been allowed to collect this man's head for treason, as was purported, justice would have been subservient to unnecessary tyranny, something the Legion and Sundren government has sacrificed much to fight against in its campaign against the Black Hand.
It is with this in mind that I recommend that the abilities of, and the rights removed due to martial law is granted a review by the military government in determining a fair resolution to this issue. The law of Sundren should not be continuously overridden by the will of the military without any recourse for those accused of wrong doing, and the roles of the Legion should be more closely examined in their dual capacity as both military and law keepers.
Watchful Guard,
Thomas Masterson
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