 | North American review - 1896 - 780 pages
...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... | |
 | North American review - 1896 - 818 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...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
...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,... | |
 | 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 - 570 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... | |
 | Edward McPherson - Reconstruction - 1869 - 144 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... | |
 | 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... | |
 | William Woods Holden - Impeachments - 1871 - 1080 pages
...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... | |
 | Edward McPherson - Freed persons - 1871 - 670 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... | |
 | 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... | |
| |
... 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... 
