human
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, then, _on the theatre 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; * * * As necessity creates the rule, so it limits its duration; for, 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 open, and in the proper and unobstructed exercise of their jurisdiction. _It is also confined to the locality of actual war._