 It is the will of a military commander operating without any restraint, save his judgment, upon the lives, upon the property, upon the entire social and individual condition of all over whom this law extends.  Executive Power - Page 26by Benjamin Robbins Curtis - 1862 - 34 pagesFull view - About this book
 | JAMES FREEMAN CLARKE - 1863 - 920 pages
...Constitution gives to the Commander-in-Chief the power to declare martial law, which he thus defines: " The will of a military commander operating without any...condition of all over whom this law extends." But Mr. Curtis says, — "This power must have limits somewhere." His whole argument on this subject rests... | |
 | Marvin T. Wheat - African Americans - 1862 - 630 pages
...the coutrol of the laws of Great Britain. ' Bat there is also martial law. What is this 1 It is the will of a military commander, operating, without any...entire social and individual condition of all over whom the law extends. But, under the Constitution of th« United States, over whom does such law extend... | |
 | United States. Circuit Court (6th Circuit), Humphrey Howe Leavitt - Habeas corpus - 1863 - 26 pages
...command to perform the duties assigned to him. Martial law is well defined by an able jurist to be "the will of a military commander operating without any...restraint, save his judgment, upon the lives, upon the persons, upon the entire social and individual condition of all over whom this law extends." It cannot... | |
 | Habeas corpus - 1863 - 286 pages
...command to perform the duties assigned to him. Martial law is well defined by an able jurist to be " the will of a military commander, operating without any...restraint, save his judgment, upon the lives, upon the persons, upon the entire social and individual condition of all over whom this law extends/' It can... | |
 | Clement Laird Vallandigham - Treason - 1863 - 292 pages
...military commander, operating without any restraint, save his judgment, upon the lives, upon the persons, upon the entire social and individual condition of all over whom this law extends." It can not be claimed that this law was in operation in General Burnside's department when Mr. Vallandigham... | |
 | Marvin T. Wheat - African Americans - 1865 - 628 pages
...from the control of the laws of Great Britain. But there is also martial law. What is this ? It is the will of a military commander, operating, without any restraint, save his judgment, upon tee lives, upon the property, upon the entire social and individual couditiou of all over whom the... | |
 | Whitelaw Reid - Ohio - 1868 - 1172 pages
...command tu perform the duties assigned to him. Martial law is well defined by an able jurist to be 'the will of a military commander, operating, without any...restraint save his judgment, upon the lives, upon the persons, upon the entire social and individual condition of all over whom this law extends.' It can... | |
 | Whitelaw Reid - Ohio - 1868 - 1134 pages
...command to perform the duties assigned to him. Martial law is well defined by an able jurist to be ' the will of a military commander, operating, without any restraint save his judgment, upon the liven, upon the persons, upon the entire social and individual condition of all over whom this law... | |
 | Benjamin Robbins Curtis - Judges - 1879 - 460 pages
...shield of known and fixed laws as to his liberty, property, and life, exists with a rope round hia will of a military commander operating without any...the United States, over whom does such law extend? neck, subject to be hung up by a military despot at the next lamp-post, under the sentence of some... | |
 | Francis Wharton - Criminal procedure - 1880 - 904 pages
...him to control of the laws of Great Britain. But there is also martial law. What is this? It is the will of a military commander operating without any...individual condition, of all over whom this law extends In time of war, without any special legislation, not the cominander-in-chief only, but every commander... | |
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