
Originally Posted by
Bailey Guns
I didn't realize military forces were making and enforcing civil and criminal law in Boston. I didn't realize the courts were non-functioning to the point habeas corpus was suspended. Guess I missed that part.
http://www.law.cornell.edu/supremecourt/text/327/304...
We believe that when Congress passed the Hawaiian Organic Act and authorized the establishment of 'martial law' it had in mind and did not wish to exceed the boundaries between military and civilian power, in which our people have always believed, which responsible military and executive officers had heeded, and which had become part of our political philosophy and institutions prior to the time Congress passed the Organic Act. The phrase 'martial law' as employed in that Act, therefore, while intended to authorize the military to act vigorously for the maintenance of an orderly civil government and for the defense of the island against actual or threatened rebellion or invasion, was not intended to authorize the supplanting of courts by military tribunals. Yet the government seeks to justify the punishment of both White and Duncan on the ground of such supposed Congressional authorization. We hold that both petitioners are now entitled to be released from custody.
...
SCOTUS said suspension of habeas corpus is not required under "martial law."