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" Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction. "
Political Science Quarterly - Page 599
1887
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The North American Review, Volume 163

North American review - 1896 - 818 pages
...if this 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 - 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,...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 71

United States. Supreme Court - Courts - 1867 - 732 pages
...if this government is continued after the courts are reinstated, it is a gross usurpation of power. Martial rule can never exist where the courts are...proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war. Because, during the late Rebellion it could have...
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The Democratic Speaker's Hand-book ...

Campaign literature - 1868 - 424 pages
...if this government is continued after the courts are reinstated, it is a gross usurpation of power. Martial rule can never exist where the courts are...and unobstructed exercise of, their jurisdiction. It is also confined to the locality of actual war. Because during the late rebellion it could have...
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Introduction to the Constitutional Law of the United States

John Norton Pomeroy - Constitutional law - 1868 - 570 pages
...if this government is continued after the courts are reinstated, it is a gross usurpation of power. Martial rule can never exist where the courts are...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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Trial of William W. Holden: Governor of North Carolina, Before the ..., Volume 1

William Woods Holden - Impeachments - 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...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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War Powers Under the Constitution of the United States: Military Arrests ...

William Whiting - Executive power - 1871 - 736 pages
...if this government is continued after the courts are reinstated, it is a gross usurpation of power. Martial rule can never exist where the courts are...proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war. Because, during the late rebellion, it couW have...
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The Political History of the United States of America, During the Period of ...

Edward McPherson - Freed persons - 1871 - 670 pages
...military government is coutinned after the courts are reinstated, it is a gross usurpation of power. Solomons" as existing Slates, and as States in the Union, by the executive, judicial, and legislative department«...
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Appletons' Annual Cyclopædia and Register of Important Events of ..., Volume 11

Encyclopedias and dictionaries - 1872 - 842 pages
...all the cardinal principles of liberty is not worth the cost 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...
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The American Annual Cyclopedia and Register of ..., Volume 11; Volume 1871

Encyclopedias and dictionaries - 1872 - 850 pages
...all the cardinal principles of liberty is not worth the cost 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...
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