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" ... of active military operations, where war really prevails, there is a necessity to furnish a substitute for the civil authority, thus overthrown, to preserve the safety of the army and society; and as no power is left but the military, it is allowed... "
Appletons' Annual Cyclopaedia and Register of Important Events: Embracing ... - Page 188
1872
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The North American Review, Volume 163

Jared Sparks, Edward Everett, James Russell Lowell, Henry Cabot Lodge - American fiction - 1896
...authority, thus overthrown, to preserve the safety of the army and society; and as no power is left bat the military, it is allowed to govern by martial rule...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...
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The North American Review, Volume 163

North American review and miscellaneous journal - 1896
...substitute for the civil authority, thus overthrown, to preserve the safety of the army and society ; and as no power is left but the military, it is allowed to...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...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 42

Alabama. Supreme Court - Law reports, digests, etc - 1870
...substitute for the civil authority, thus overthrown to preserve the safety of the army and society ; and as no power is left but the military, it is allowed to...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,...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 44

Illinois. Supreme Court - Law reports, digests, etc - 1869
...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,...
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An Introduction to the Constitutional Law of the United States: Especially ...

John Norton Pomeroy - Constitutional law - 1868 - 549 pages
...substitute for the civil authority thus overthrown, to preserve the safety of the army and society ; and as no power is left but the military, it is allowed to...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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A Political Manual for 1869: Including a Classified Summary of the Important ...

Edward McPherson - Reconstruction - 1869 - 126 pages
...substitute for the civil authority thus overthrown, to preserve the safety of the army and society ; and as no power is left but the military, it is allowed to...martial rule until the laws can have their free course. The right to govern by military law under such circumstances was fully conceded in the opinion of the...
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A Handbook of Politics for 1868 [to 1894]

Edward McPherson - United States - 1872
...substitute for the civil authority thus overthrown, to preserve the safety of the :irmy and society ; and as no power is left but the military, it is allowed to govern by martial rule intil the laws can have their free course. The :ight to govern by military law under such circumstances...
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Trial of William W. Holden: Governor of North Carolina, Before the ..., Volume 1

William Woods Holden - Impeachments - 1871
...for the civil authority, thus overthrown, to pre" serve the safety of the army and society ; and as no power is " left but the military, it is allowed...the laws can have their free course. As necessity cre" ates the rule, so it limits its duration ; for if this government is " continued after the courts...
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The Political History of the United States of America, During the Period of ...

Edward McPherson - Reconstruction - 1871 - 652 pages
...substitute for the civil authority thus overthrown, to preserve the safety of the Army and society ; and as no power is left but the military, it is allowed to...martial rule until the laws can have their free course." I now quote from the opinion of the minority of the Court, delivered by Chief Justice Chase: " We by...
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The Political History of the United States of America, During the Period of ...

Edward McPherson - Reconstruction - 1871 - 652 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...
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