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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. "
Annual Report of the American Historical Association - Page 340
by American Historical Association - 1899
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The North American Review, Volume 163

1896 - 818 pages
...governmentis continued after the courts are reinstated, it is a gross usurpation of power. Martial rule can 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...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 44

Illinois. Supreme Court - 1869 - 632 pages
...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,...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 71

United States. Supreme Court - 1867 - 732 pages
...government is continued after the courts are reinstated, it is a gross usurpation of power. Martial rule can never exist where the courts are open, and...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...
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The Democratic Speaker's Hand-book ...

1868 - 424 pages
...government is continued after the courts are reinstated, it is a gross usurpation of power. Martial rule can never exist where the courts are open, and...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...
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Introduction to the Constitutional Law of the United States

John Norton Pomeroy - 1868 - 570 pages
...government is continued after the courts are reinstated, it is a gross usurpation of power. Martial rule can never exist where the courts are open and...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 - 678 pages
...government is continued after the courts are reinstated, it is a gross usurpation of power. Martial rule can never exist where the courts are open, and...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...
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War Powers Under the Constitution of the United States: Military Arrests ...

William Whiting - 1871 - 736 pages
...government is continued after the courts are reinstated, it is a gross usurpation of power. Martial rule can never exist where the courts are open, and...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...
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Addresses [1870-1880.]

James Abram Garfield - 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...
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Trial of William W. Holden: Governor of North Carolina, Before the ..., Volume 1

William Woods Holden - 1871 - 1080 pages
...government is " continued after the courts are reinstated, it is a gross usur'• pation of power. Martial rule can never exist where the " courts are open,...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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The Political History of the United States of America, During the Period of ...

Edward McPherson - 1871 - 670 pages
...government is coutinned after the courts are reinstated, it is a gross usurpation of power. Martial s" as existing Slates, and as States in the Union, by the executive, judicial, and legislative department«...
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