Wisconsin Reports; Cases Determined in the Supreme Court of Wisconsin Volume 16 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1865 edition. Excerpt: ... any general under him, may, when it is deemed necessary for the successful prosecution of military operations, declare martial law over rebellious states, or over districts in a state of war, and within those limits, subject all persons and things to its operation. In places where hostilities exist, the military authority often declares martial law, which during its continuance, supersedes and pnts in abeyance all civil authority. This is of frequent occurtence, and is a legitimate exercise of the war power. And when martial law exists, it must be supreme in orderto be effectual. It cannot co-exist with the civil power; if it does, the latter must be in entire suhdrdination to it But what are the proper limits to the existence of martial law, or how far it extends territorially when once declared, is a point upon which there is much conflict of opinion. Some authorities say its operation is restricted to the limits of the camp, or to the lines of the actual occupation of the army. See 'the opinion of Justice WOODBURY, and the authorities referred to by him in Luther vs. Borden, 7 How. (U. S.), 1. But I shall not attempt to define any precise limits to the territorial operation of martial law when once declared. For although the President, or any military commander under him, may declare martial law in states and districts which are the theater of war, and may subject all persons and things to its operation, yet it does not follow that martial law may be extended over districts andstates not the field of D strife and conflict Martial law may be necessary, and-therefore justifiable, in the states of Virginia, Kentucky, Missouri, and other states Where actual In re Kemp. war exists, and yet not be necessary in other states. Wisconsin...