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" ... they may be called, they are laws. If he have the legislative power, conferred on him by the people, it is well. If not, he usurps it. He has no more lawful authority to hold all the citizens of the entire country, outside of the sphere of his actual... "
Executive Power - Page 29
by Benjamin Robbins Curtis - 1862 - 34 pages
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Military Government and Martial Law

William Edward Birkhimer - Martial law - 1892 - 578 pages
...country, outside of the sphere of his actual operations in the field, amenable to his military edict than he has to hold all the property of the country...citizens of the United States, but of its soldiers."' This was written at a time when the United States was in the midst of civil war. The executive had...
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Constitutional History of the United States from Their Declaration ..., Volume 2

George Ticknor Curtis - Constitutional history - 1896 - 812 pages
...Apply these principles to the proelamations and orders of the President. They are not designed to mcet an existing emergency in some particular military operation in the field; they preseribe fnture rnles of action tonching the persons and property of citizens. They are to take effect,...
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A Treatise on Criminal Procedure, Volume 3

Francis Wharton - Criminal procedure - 1918 - 1040 pages
...operations in the field, when he makes laws to govern their conduct, he becomes a legislator. . . . He has no more lawful authority to hold all the citizens...the country subject to his military requisitions." — 2 Curtis' Life and Works 327. Compare authorities cited in Lawrence's Wheaton 516-520, as to distinction...
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A Treatise on Federal Practice, Civil and Criminal, Including ..., Volume 3

Roger Foster - Civil procedure - 1920 - 1432 pages
...operations in the field, when he makes laws to govern their conduct, he becomes a legislator. . . . He has no more lawful authority to hold all the citizens...the country subject to his military requisitions." 2 Curtis Life and Works, 327. Compare authorities cited in Lawrence's Wheaton, 516-520, as to distinction...
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