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" ... of active military operations, where war really prevails, there is a necessity to furnish a substitute for the civil authority, thus overthrown, to preserve the safety of the army and society ; and as no power is left but the military, it is allowed... "
International Law Studies - Page 20
by Naval War College (U.S.) - 1905
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The North American Review, Volume 163

North American review - 1896 - 818 pages
...furnish a substitute for the civil authority, thus overthrown, to preserve the safety of the army and society ; and as no power is left but the military,...the rule, so it limits its duration ; for, if this governmentis continued after the courts are reinstated, it is a gross usurpation of power. Martial...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 42

Alabama. Supreme Court - Law reports, digests, etc - 1870 - 806 pages
...furnish a substitute for the civil authority, thus overthrown to preserve the safety of the army and society ; and as no power is left but the military,...necessity creates the rule, so it limits its duration.' The discussion of the subject of martial law by the counsel in this case, as reported with the decision,...
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A Political Manual for 1869: Including a Classified Summary of the Important ...

Edward McPherson - Reconstruction - 1869 - 144 pages
...furnish a substitute for the civil authority thus overthrown, to preserve the safety of the army and society ; and as no power is left but the military,...martial rule until the laws can have their free course. The right to govern by military law under such circumstances was fully conceded in the opinion of the...
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A Handbook of Politics for 1868 [to 1894]

Edward McPherson - United States - 1872
...furnish a substitute for the civil authority thus overthrown, to preserve the safety of the :irmy and society ; and as no power is left but the military, it is allowed to govern by martial rule intil the laws can have their free course. The :ight to govern by military law under such circumstances...
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Trial of William W. Holden: Governor of North Carolina, Before the ..., Volume 1

William Woods Holden - Impeachments - 1871 - 1080 pages
...furnish " a substitute for the civil authority, thus overthrown, to pre" serve the safety of the army and society ; and as no power is " left but the military,...the laws can have their free course. As necessity cre" ates the rule, so it limits its duration ; for if this government is " continued after the courts...
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The Political History of the United States of America, During the Period of ...

Edward McPherson - Freed persons - 1871 - 670 pages
...furnish a substitute for the civil authority thus overthrown, to preserve the safety of the Army and tions held in Kentucky, Maryland, Missouri, and Delaware...was a shameful violation of the Constitution, and I now quote from the opinion of the minority of the Court, delivered by Chief Justice Chase: " We by...
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The Political History of the United States of America, During the Period of ...

Edward McPherson - Reconstruction - 1871 - 678 pages
...for the civil authority thus overthrown, to preserve the safety of the Army and society ; and аз no power is left but the military, it is allowed to...martial rule until the laws can have their free course." I now quote from the opinion of the minority of the Court, delivered by Chief Justice Chase: "We by...
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War Powers Under the Constitution of the United States: Military Arrests ...

William Whiting - Executive power - 1871 - 728 pages
...authority thus overthrown, to preserve the safety of the army and of society ; and as no power is left but military, it is allowed to govern by martial rule, until the laws can have their free course, but that martial law must be confined to the locality of actual war. " It may be a necessity in one...
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War Powers Under the Constitution of the United States: Military Arrests ...

William Whiting - Executive power - 1871 - 736 pages
...overthrown, to preserve the safety of the army and of society ; and as no power is left but military, it it allowed to govern by martial rule, until the laws can have their free course, but that martial law must be confined to the locality of actual war. " It may be a necessity in one...
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The American Annual Cyclopædia and Register of Important Events ...

Encyclopedias and dictionaries - 1872 - 840 pages
...furnish a substituto for the civil authority thus overthrown, to preserve the safety of the army and society ; and, as no power is left but the military,...Martial rule can never exist where the courts are opent and in the proper and unobstructed exercise of their jurisdiction. It is also confined to the...
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