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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. "
Halleck's International Law: Or, Rules Regulating the Intercourse of States ... - Página 455
por Henry Wager Halleck - 1878 - 1125 páginas
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Introduction to the Constitutional Law of the United States

John Norton Pomeroy - 1868 - 570 páginas
...the courts are reinstated, it is a gross usurpation of power. Martial rule can never exist where the courts are open and in the proper and unobstructed exercise of their jurisdiction." § 714. These sweeping conclusions of the Supreme Court seem to be open to some criticism. Mr. Justice...
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The Political History of the United States of America, During the Period of ...

Edward McPherson - 1871 - 670 páginas
...the courts are reinstated, it ia a gross usurpation of power. Martial rule can never exist where the wer higlier than the Contitution, the Constitution...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 - 736 páginas
...the courts are reinstated, it is a gross usurpation of power. Martial rule can never exist where the courts are open, and in the proper and unobstructed...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 - 276 páginas
...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...
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Trial of William W. Holden: Governor of North Carolina, Before the ..., Volumen1

William Woods Holden - 1871 - 1080 páginas
...courts are reinstated, it is a gross usur'• pation of power. Martial rule can never exist where the " courts are open, and in the proper and unobstructed exercise " of their jurisdiction." I pass now over to page 128 : " We are not without precedents in English and American " history illustrating...
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Appletons' Annual Cyclopaedia and Register of Important Events: Embracing ...

1872 - 844 páginas
...the courts are reinstated, it is a gross usurpation of power. Martial rule can never exist where the courts are open, and in the proper and unobstructed...It is also confined to the locality of actual war." Mr. Kerr, of Indiana, said : " First, I will reply to two or three of the points suggested by the gentleman...
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Appletons' Annual Cyclopædia and Register of Important Events of ..., Volumen11

1872 - 842 páginas
...tho courts are reinstated, it is a gross usurpation of power. Martial rule can never exist where the courts are open, and in the proper and unobstructed...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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The American Annual Cyclopædia and Register of Important Events ...

1872 - 840 páginas
...reinstated, it is a gross usurpation of power. Martial rule can never exist where the courts are opent and in the proper and unobstructed exercise of their...It is also confined to the locality of actual war." Mr. Kerr, of Indiana, said: "First, I will reply to two or three of the points suggested by the gentleman...
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The American Annual Cyclopedia and Register of ..., Volumen11;Volumen1871

1872 - 850 páginas
...of 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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Commentaries on the Constitution of the United States: With a ..., Volumen2

Joseph Story - 1873 - 744 páginas
...the courts are reinstated, it is a gross usurpation of power. Martial rule can never exist where the courts are open, and in the proper and unobstructed...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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