 | North American review - 1896 - 818 pages
...necessity creates the rule, so it limits its duration ; for, if this governmentis continued after the courts are reinstated, it is a gross usurpation of...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... | |
 | 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,... | |
 | United States. Supreme Court - Courts - 1867 - 732 pages
...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...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... | |
 | Campaign literature - 1868 - 424 pages
...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...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... | |
 | John Norton Pomeroy - Constitutional law - 1868 - 588 pages
...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...and unobstructed exercise of their jurisdiction." § 714. These sweeping conclusions of the Supreme Court seem to be open to some criticism. Mr. Justice... | |
 | William Whiting - Executive power - 1871 - 736 pages
...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...It is also confined to the locality of actual war. Because, during the late rebellion, it couW have been enforced in Virginia, where the national authority... | |
 | Edward McPherson - Freed persons - 1871 - 670 pages
...Supreme Court of the United States has declared " that if military government is coutinned after the h warrantor other process when tendered, or to use as existing Slates, and as States in the Union, by the executive, judicial, and legislative department«... | |
 | William Woods Holden - Impeachments - 1871 - 1080 pages
...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... | |
 | James Abram Garfield - United States - 1871 - 276 pages
...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... | |
 | Edward McPherson - Reconstruction - 1871 - 678 pages
...Supreme Court of the United States has declared " that if military government is continued after the courts are reinstated, it is a 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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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. 
