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" ... by martial rule until the laws can have their free course. As necessity creates the rule, so it limits its duration; for if this government is continued after the courts are reinstated, it is a gross usurpation of power. Martial rule can never exist... "
The North American Review - Page 554
1896
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The Political History of the United States of America, During the Period of ...

Edward McPherson - 1871 - 652 pages
...usurpation of power. Martial rule can never exist where the courts are open, and in the proper and onstitution itself has been disregarded in every part,...essentially impaired — justice, humanity, liberty and the k does not follow that it should obtain in Indiana, where that authority was never disputed, and justice...
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War Powers Under the Constitution of the United States: Military Arrests ...

William Whiting - 1871 - 695 pages
...usurpation of power. Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction. It is...actual war. Because, during the late rebellion, it couW have been enforced in Virginia, where the national authority was overturned and the courts driven...
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Addresses [1870-1880.]

James Abram Garfield - 1871
...administration." #4* $#***$** "Martial rule can never exist where the courts aro open and in the proper and unobstructed exercise of their jurisdiction. 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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The American Annual Cyclopędia and Register of Important Events ..., Volume 11

1872
...preservation. Happily it is not so. Martial rule can never exist where the courts are open and in proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war. day, martial law, as claimed in this case, has been condemned by all respectable English jurists as...
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The American Annual Cyclopędia and Register of Important Events ...

1872
...preservation. Happily it is not so. Martial rule can never exist where tho courts are open and in proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war. From the first year of the reign of Edward III. when tho Parliament of England reversed the attainder...
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Appletons' Annual Cyclopaedia and Register of Important Events: Embracing ...

1872
...usurpation of power. Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war." Mr. Kerr, of Indiana, said : " First, I will reply to two or three of tho points suggested by the gentleman...
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Appletons' Annual Cyclopaedia and Register of Important Events: Embracing ...

1872
...preservation. Happily it is not so. Martial rule can never exist where the courts are open and in proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war. From the first year of the reign of Edward III. when the Parliament of England reversed the attainder...
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Commentaries on the Constitution of the United States: with A Preliminary ...

Joseph Story - 1873
...usurpation of power. Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction. It is...it could have been enforced in Virginia, where the wealth of the maritime powers of Europe ; and if we engaged in commerce, we should soon become their...
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Cases Argued and Determined in the Circuit and District Courts of ..., Volume 3

United States. Circuit Court (7th Circuit), Josiah Hooker Bissell - 1874
...gross usurpation of power. Martial rule can never exist where the courts are open and in the proper and unobstructed exercise of their jurisdiction; it is also confined to the locality of actual war." Does the evidence before the iurv brinij this case within the «) « O conditions named ? We know judicially,...
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THE POLITICAL HISTORY OF THE UNITED STATES OF AMERICA DURING THE PERIOD OF ...

EDWARD McPHERSON - 1875
...exist where the courts are open, and in the proper and unobstructed exercise of their j urisdiction. It is also confined to the locality of actual war....was overturned and the courts driven out, it does net follow that it should obtain in Indiana, where that authority was never disputed, and justice was...
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