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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. "
Appletons' Annual Cyclopædia and Register of Important Events of the Year ... - Sivu 190
1872
Koko teos - Tietoja tästä kirjasta

The North American Review, Nide 163

1896 - 818 sivua
...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...

Reports of Cases at Law and in Chancery Argued and Determined in ..., Nide 44

Illinois. Supreme Court - 1869 - 632 sivua
...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 Reports: Cases Adjudged in the Supreme Court, Nide 71

United States. Supreme Court - 1867 - 732 sivua
...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...

The Democratic Speaker's Hand-book ...

1868 - 424 sivua
...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...

An Introduction to the Constitutional Law of the United States: Especially ...

John Norton Pomeroy - 1868 - 588 sivua
...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...

War Powers Under the Constitution of the United States: Military Arrests ...

William Whiting - 1871 - 736 sivua
...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...

The Political History of the United States of America, During the Period of ...

Edward McPherson - 1871 - 670 sivua
...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«...

Trial of William W. Holden: Governor of North Carolina, Before the ..., Nide 1

William Woods Holden - 1871 - 1080 sivua
...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...

Addresses [1870-1880.]

James Abram Garfield - 1871 - 276 sivua
...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...

The Political History of the United States of America, During the Period of ...

Edward McPherson - 1871 - 678 sivua
...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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