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" It follows, from what has been said on this subject, that there are occasions when martial rule can be properly applied. If, in foreign invasion or civil war, the courts are actually closed, and it is impossible to administer criminal justice according... "
Committee Prints - Side v
av United States. Congress. House. Committee on Government Operations - 1957
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The North American Review, Volum 163

1896 - 818 sider
...gross usurpation of power. Martial rule can never exist where the courts are open, and in the properami unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war. Because, during the late rebellion it could have been enforced in Virginia, where the national authority...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volum 44

Illinois. Supreme Court - 1869 - 632 sider
...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, during the late rebellion, it could have been enforced in Virginia, where the national authority...
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United States Reports: Cases Adjudged in the Supreme Court, Volum 71

United States. Supreme Court - 1867 - 732 sider
...been said on this subject, that there are occasions when martial rule can be properly applied. If, itx foreign invasion or civil war, the courts are actually...It is also confined to the locality of actual war. Because, during the late Rebellion it could have been enforced in Virginia, where the national authority...
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An Introduction to the Constitutional Law of the United States: Especially ...

John Norton Pomeroy - 1868 - 588 sider
...from what has been said on this subject, that there are occasions when martial rule can properly be applied. If, in foreign invasion or civil war, the...and unobstructed exercise of their jurisdiction." § 714. These sweeping conclusions of the Supreme Court seem to be open to some criticism. Mr. Justice...
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The Democratic Speaker's Hand-book ...

1868 - 424 sider
...actually closed, and it is impossible to administer criminal justice according to law, then on the theater of active military operations, where war really prevails,...It is also confined to the locality of actual war. Because during the late rebellion it could have been enforced in Virginia, where the national authority...
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War Powers Under the Constitution of the United States: Military Arrests ...

William Whiting - 1871 - 728 sider
...all the cardinal principles of liberty is not worth the cost of preservation. Happily, it is not so. It will be borne in mind that this is not a question...It is also confined to the locality of actual war. Because, during the late rebellion, it could have been enforced in Virginia, where the national authority...
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The Political History of the United States of America, During the Period of ...

Edward McPherson - 1871 - 678 sider
...actually closed, and it is impossible to administer criminal justice according to law, then on the theater of active military operations, where war really prevails,...It is also confined to the locality of actual war. Because during the late rebellion it could have been enforced in Virginia, where the national authority...
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The Political History of the United States of America, During the Period of ...

Edward McPherson - 1871 - 670 sider
...it limits its duration ; for if this government is continued after the courts are reinstated, it ia for Because during the late rebellion it could have been enforced in Virginia, where the national authority...
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Trial of William W. Holden: Governor of North Carolina, Before the ..., Volum 1

William Woods Holden - 1871 - 1080 sider
...for if this government is " continued after the courts are reinstated, it is a gross usur'• pation of power. Martial rule can never exist where the "...and unobstructed exercise " of their jurisdiction." I pass now over to page 128 : " We are not without precedents in English and American " history illustrating...
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Addresses [1870-1880.]

James Abram Garfield - 1871 - 276 sider
...deposes the civil administration." #4* $#***$** "Martial rule can never exist where the courts aro open and in the proper and unobstructed exercise of...It is also confined to the locality of actual war." 15 iona expressed by the court. Yet these dissenting judges united in a declaration that martial law...
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