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" ... rule until the laws can have their free course. As necessity creates the rule, so it limits its duration; for if this government is continued after the courts are reinstated, it is a gross usurpation of power. Martial rule can never exist where the... "
Reports of Cases at Law and in Chancery Argued and Determined in the Supreme ... - Σελίδα 157
των Illinois. Supreme Court - 1869
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The Political History of the United States of America, During the Period of ...

Edward McPherson - 1871 - 670 σελίδες
...of power. Martial rule can never exist where the courts are open, and in the proper and unobstructed tself has been disregarded in every part, and public...essentially impaired — justice, humanity, liberty and the k does not follow that it should obtain in Indiana, where that authority was never disputed, and justice...

War Powers Under the Constitution of the United States: Military Arrests ...

William Whiting - 1871 - 736 σελίδες
...of power. Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction. It is also confined...actual war. Because, during the late rebellion, it couW have been enforced in Virginia, where the national authority was overturned and the courts driven...

Addresses [1870-1880.]

James Abram Garfield - 1871 - 276 σελίδες
...$#***$** "Martial rule can never exist where the courts aro open and in the proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war." 15 iona expressed by the court. Yet these dissenting judges united in a declaration that martial law...

Appletons' Annual Cyclopædia and Register of Important Events of ..., Τόμος 11

1872 - 842 σελίδες
...of power. Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war." Mr. Kerr, of Indiana, said : " First, I will reply to two or three of tho points suggested by the gentleman...

The American Annual Cyclopædia and Register of Important Events ...

1872 - 840 σελίδες
...of power. Martial rule can never exist where the courts are opent and in the proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war." Mr. Kerr, of Indiana, said: "First, I will reply to two or three of the points suggested by the gentleman...

Appletons' Annual Cyclopaedia and Register of Important Events: Embracing ...

1872 - 842 σελίδες
...of power. Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war." Mr. Kerr, of Indiana, said : " First, I will reply to two or three of the points suggested by the gentleman...

The American Annual Cyclopedia and Register of ..., Τόμος 11;Τόμος 1871

1872 - 850 σελίδες
...it is not so. Martial rule can never exist where the courts are open and in proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war. day, martial law, as claimed in this case, has been condemned by all respectable English jurists as...

Commentaries on the Constitution of the United States: With a ..., Τόμος 2

Joseph Story - 1873 - 744 σελίδες
...of power. Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction. It is also confined...it could have been enforced in Virginia, where the wealth of the maritime powers of Europe ; and if we engaged in commerce, we should soon become their...

Cases Argued and Determined in the Circuit and District Courts of ..., Τόμος 3

United States. Circuit Court (7th Circuit), Josiah Hooker Bissell - 1874 - 590 σελίδες
...of power. Martial rule can never exist where the courts are open and in the proper and unobstructed exercise of their jurisdiction; it is also confined to the locality of actual war." Does the evidence before the iurv brinij this case within the «) « O conditions named ? We know judicially,...

The Central Law Journal, Τόμος 85

1917 - 498 σελίδες
...administration. * * * Martial rule can never exist where the courts are open and in the proper and unobstructed exercise of their jurisdiction. It is also confined, to the locality of the actual war." The minority of four Justices, led by Chief Justice Chase, while agreeing that there...




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