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" 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 26
by Benjamin Robbins Curtis - 1862 - 34 pages
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A Treatise on Criminal Pleading and Practice

Francis Wharton - Criminal procedure - 1889 - 980 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...individual condition of all over whom this law extends. .... In time of war, without any special legislation, not the commander- in-chief only, but every commander...
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Military Government and Martial Law

William Edward Birkhimer - Martial law - 1892 - 578 pages
...realm has been interdicted.' " What," said a profound lawyer and jurist,' "is martial law? It is the will of a military commander operating without any...Constitution of the United States, over whom does this law extend ? ******* ' ' In time of war, a military commander, whether he be the commander-in-chief...
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The War of the Rebellion: A Compilation of the Official Records of the Union ...

United States. War Department - Confederate States of America - 1899 - 1048 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, npon the entire social and individual condition of all over whom this law extends." It cannot...
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A Treatise on Criminal Procedure, Volume 3

Francis Wharton - Criminal procedure - 1918 - 1040 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...individual condition of all over whom this law extends. ... In time of war, without any special legislation, not the commander-in-chief only, but every commander...
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A Treatise on Federal Practice, Civil and Criminal, Including ..., Volume 3

Roger Foster - Courts - 1921 - 1432 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...individual condition of all over whom this law extends. ... In time of war, without any special legislation, not the Commander-in-Chief only, but every Commander...
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The Failure of the Word: The Protagonist as Lawyer in Modern Fiction

Richard H. Weisberg - Literary Criticism - 1984 - 244 pages
...commentator calls "the will of a military commander operating without any restraint, save his judgement, upon the lives, upon the property, upon the entire...and individual condition of all over whom this law extends."46 The essential feature of this use of the term is its invocation of necessity. Covered by...
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