The first of these may be called jurisdiction under military
law, and is found in acts of Congress prescribing rules and articles of
war or otherwise providing for the government of the national forces;
the second may be distinguished as military government, superseding
as far as may be deemed expedient the local law, and exercised by
the military commander under the direction of the President, with
the express or implied sanction of Congress; while the third may be
denominated martial law proper, and is called into action by Congress,
or temporarily, when the action of Congress can not be invited, and in
the case of justifying or excusing peril, by the President, in times of
insurrection or invasion or of civil or foreign war, within districts
or localities where ordinary law no longer adequately secures public
safety and private rights.
It will be observed that of the three kinds of military jurisdiction
which can be exercised or created under our Constitution there is but
one that can prevail in time of peace, and that is the code of laws
enacted by Congress for the government of the national forces.
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