The Law of Martial Rule |
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Common terms and phrases
49 Mont act of indemnity action application army arrest articles of war Attorney called charge Chief Justice civil authorities civil courts civilians commander common law Congress Const Constitution court-martial courts are open Crown decision defence detention discretion district duty enemy Ex parte McDonald Ex parte Milligan ex rel executive exercise existence fact federal governor habeas corpus held Ibid insurgents invasion Irish Rep Joel Parker judges judicial jurisdiction jury justified King legislature Lord magistrate Marais martial law martial rule measures mili military authorities military commission militia Milligan Moyer Natal necessary necessity opinion ordinary Parl peace persons Petition of Right petitioner President proclaimed martial law proclamation of martial provisions punishment question rebellion sentence soldiers Stat statute suppress insurrection supra Supreme Court suspend tary tion trial troops ultra vires United States ex West Virginia Wolfe Tone's writ of habeas
Popular passages
Page 14 - Majesty would be pleased to remove the said soldiers and mariners and that your people may not be so burdened in time to come. And that the aforesaid commissions for proceeding by martial law may be revoked and annulled. And that hereafter no commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid, lest by color of them any of your Majesty's subjects be destroyed or put to death contrary to the laws and franchise of the land.
Page 144 - It follows, from what has been said on this subject, that there are occasions when martial rule can be properly applied. If, in foreign invasion or civil war, the courts are actually closed, and it is impossible to administer criminal justice according to law.
Page 105 - Whether the president in fulfilling his duties, as commander-in-chief, in suppressing an insurrection, has met with such armed hostile resistance, and a civil war of such alarming proportions as will compel him to accord to them the character of belligerents, is a question to be decided by him, and this court must be governed by the decision and acts of the political department of the government to which this power was entrusted. 'He must determine what degree of force the crisis demands.
Page 14 - Charter and other the laws and statutes of this your realm, no man ought to be adjudged to death; but by the laws established in this your realm, either by the customs of the same realm or by Acts of Parliament : and whereas no offender of what kind soever is exempted from the proceedings to be used, and punishments to be inflicted by the laws and statutes of this your realm: nevertheless of late...
Page 13 - Charter and the law of the land; and by the said Great Charter and other the laws and statutes of this your realm, no man ought to be adjudged to death but by the laws established in this your realm, either by the customs of the same realm, or by acts of parliament...
Page 100 - ... all rebels and insurgents, their aiders and abettors, within the United States, and all persons discouraging volunteer enlistments, resisting militia drafts, or guilty of any disloyal practice affording aid and comfort to rebels against the authority of the United States...
Page 159 - The entire strength of the nation may be used to enforce in any part of the land the full and free exercise of all national powers and the security of all rights entrusted by the Constitution to its care. The strong arm of the national government may be put forth to brush away all obstructions to the freedom of interstate commerce or the transportation of the mails. If the emergency arises, the army of the Nation, and all its militia, are at the service of the Nation to compel obedience to its laws.
Page 171 - It was a state of war; and the established government resorted to the rights and usages of war to maintain itself, and to overcome the unlawful opposition. And in that state of things, the officers engaged in its military service might lawfully arrest any one who, from the information before them, they had reasonable grounds to believe was engaged in the insurrection...
Page 82 - ... in case of rebellion or Invasion, or imminent danger thereof, when the public safety requires it...
Page 142 - 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.