 | Literature - 1917 - 882 pages
...is necessary; and the courts will be the judge. The opinion quite flatly states: "Martial law cannot arise from a threatened invasion. The necessity must...the courts and deposes the civil administration." It is conceivable that an unimpeded judiciary might not always be a wholly adequate test, but it furnishes... | |
 | United States. Supreme Court - Courts - 1867 - 732 pages
...with Opinion of the court. it all pretext for martial law. Martial law cannot arise from a tltrcatmcd invasion. The necessity must be actual and present;...closes the courts and deposes the civil administration. It is difficult to see how the safety of the country required martial law in Indiana. If any of her... | |
 | William Whiting - Executive power - 1871 - 728 pages
...once invaded, that invasion was at an end, and with it all pretext for martial law. Martial law cannot arise from a threatened invasion. The necessity must...closes the courts and deposes the civil administration. It is difficult to see how the safety of the country required martial law in Indiana. If any of her... | |
 | Edward McPherson - Reconstruction - 1871 - 678 pages
...once invaded, that invasion was at an end, and with it all pretext lor martial law. Martial law cannot arise from a threatened invasion. The necessity must...present, the invasion real — such as effectually clases the courts and deposes the ci vil administration. It is difficult to see how the safety of the... | |
 | William Woods Holden - Impeachments - 1871 - 1080 pages
...read from page 125, " Martial law cannot arise from a threatened invasion. The " necessity must l)e actual and present; the invasion real, such " as effectually closes the courts, and deposes the civil adminis" tration. " It is difficult to see how the safefy of the country required '• martial law... | |
 | Edward McPherson - Freed persons - 1871 - 670 pages
...parle Milligan. I will first quote from the opinion of the majority of (he Court: "Martial law cannot / 6 `X4ږm ! o ݢ { HS 8` = H ! c VY : X vP% ' J ] 5B ߊ 1 G + rral, such as effectually closes the tourts and deposes the civil administration." We see that martial... | |
 | Joseph Story - Constitutional history - 1873 - 744 pages
...once invaded, that invasion was at an end, and with it all pretext for martial law. Martial law cannot arise from a threatened invasion. The necessity must...closes the courts and deposes the civil administration. " It is difficult to see how the safety of the country required martial law in Indiana. If any of her... | |
 | Great Britain. Parliament. House of Commons - Great Britain - 1874 - 782 pages
...Milligan, 1864, 4 Wallace, pp. 119, 122, and passim.) " Martial law," says the Court (p. 127), " cannot arise from a threatened invasion. The necessity must...the courts and deposes the civil administration." 2. That it was not understood that the defence had asserted for the Government of the United States... | |
 | Law - 1917 - 498 pages
...contained in the fifth and sixth amendments, the majority of the Court asserted that "martial law cannot arise from a threatened invasion. The necessity must...closes the courts and deposes the civil administration. * * * Martial rule can never exist where the courts are open and in the proper and unobstructed exercise... | |
 | United States. Circuit Court (7th Circuit), Josiah Hooker Bissell - District courts - 1874 - 590 pages
...so often referred to. These are some of the principles stated by that court: ''ifartial law cannot arise from a threatened invasion. The necessity must be actual and present; the invasion real. xnch as effectually closes the courts and deposes the civil ad m iniet ration." Milligan vs. Hovey.... | |
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Martial law cannot arise from a threatened invasion. The necessity must be actual and present ; the invasion real, such as effectually closes the courts and deposes the civil administration. 
