 | North American review - 1896 - 780 pages
...army and society; and as no power is left bat the military, it is allowed to govern by martial rule until the laws can have their free course. As necessity...never exist where the courts are open, and in the properand unobstructed exercise of their jurisdiction. It is also confined to the locality of actual... | |
 | North American review - 1896 - 818 pages
...army and society ; and as no power is left but the military, it is allowed to govern by martial rule until the laws can have their free course. As necessity...the rule, so it limits its duration ; for, if this governmentis continued after the courts are reinstated, it is a gross usurpation of power. Martial... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1870 - 806 pages
...army and society ; and as no power is left but the military, it is allowed to govern by martial rule until the laws can have their free course. As necessity creates the rule, so it limits its duration.' The discussion of the subject of martial law by the counsel in this case, as reported with the decision,... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1869 - 632 pages
...congressional authorization is thus directly denied by the entire court. The majority of the court say, " Martial rule can never exist where the courts are open and in the proper and uninterrupted exercise of their jurisdiction. It is also confined to the locality of actual war. Because,... | |
 | John Norton Pomeroy - Constitutional law - 1868 - 588 pages
...army and society ; and as no power is left but the military, it is allowed to govern by martial rule until the laws can have their free course. As necessity...and unobstructed exercise of their jurisdiction." § 714. These sweeping conclusions of the Supreme Court seem to be open to some criticism. Mr. Justice... | |
 | Edward McPherson - Freed persons - 1871 - 670 pages
...army and society ; and as no po-.ver is left but the military, it is allowed to govern by martial rule punishable with death. An Act Prescribing additional...15, 1866. SEC. 12 provides that it shall not be law ia a gross usurpation of power. Martial rule can never exist where the courts are open, and in the... | |
 | William Woods Holden - Impeachments - 1871 - 1080 pages
...allowed to govern by martial rule " until the laws can have their free course. As necessity cre" ates the rule, so it limits its duration ; for if this...continued after the courts are reinstated, it is a gross usur'• pation of power. Martial rule can never exist where the " courts are open, and in the proper... | |
 | Edward McPherson - Reconstruction - 1871 - 678 pages
...and privileges ; and Whereas, the Supreme Court of the United States has declared " that if military government is continued after the courts are reinstated,...gross usurpation of power. Martial rule can never exiet where the courts are open and in the S roper and unobstructed exercise of their ,пгг*iction... | |
 | Encyclopedias and dictionaries - 1872 - 840 pages
...army and society ; and, as no power is left but the military, it is allowed to govern by martial rule until the laws can have their free course. As necessity...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... | |
 | Encyclopedias and dictionaries - 1872 - 850 pages
...army and society; and, as no power is left but the military, it is allowed to govern by martial rule until the laws can have their free course. As necessity creates the rule, so it limits ita duration ; for, it this government is continued after the courts are reinstated, it is a gross... | |
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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 courts are open, and in the proper and unobstructed... 
