...at 127. «H ibid. . at 141. . at 137. tary government may constitutionally be established "in time of insurrection or invasion, or of civil or foreign...longer adequately secures public safety and private rights."20 The Chief Justice's description of the situation prevailing in Indiana at the time of Milligan's...

...express or implied sanction of Congress; while the third may be denominated MARTIAL LAW PROPER, and is called into action by Congress, or temporarily,...adequately secures public safety and private rights." It will be observed that of the three kinds of military jurisdiction which can be exercised or created...

...express or implied sanction of Congress; while the third may be denominated martial law proper, and is called into action by Congress, or temporarily,...adequately secures public safety and private rights. We think that the power of Congress, in such times and in such localities, to authorize trials for...

...as a legislative act and martial law as founded in necessity. He expressed it in this language: "It is called into action by Congress, or temporarily,...adequately secures public safety and private rights." To the theory of the martial-law power of Congress others, however, add the further principle that...

...proper, and is called into action by Congress, or temporarily, when the action of Congress can not be invited, and in the case of justifying or excusing...adequately secures public safety and private rights. It will be observed that of the three kinds of military jurisdiction which can be exercised or created...