Missouri inserted in her Constitution of 1865 a provision similar
to the Act of Congress. This, of course, so far as that State
could do it, abrogated any rule of law to the contrary, and it
was held not to contravene any provision of the Federal
Constitution.[Footnote: Drehman _v._ Stifle, 8 Wallace's
Reports, 595.] The transaction in controversy, however, was
before the adoption of the fourteenth amendment, and had the
prohibition in that been then in existence, a different result
would probably have been reached.

The Governor of North Carolina (William W. Holden) in 1870
declared two counties in a state of insurrection. The militia
were called out and a number of citizens arrested. Writs of
_habeas corpus_ in their favor were issued by Chief Justice
Pearson of the Supreme Court of the State against the military
officers.[Footnote: _Ex parte_ Moore, 64 North Carolina
Reports, 802; 65 North Carolina Reports, Appendix, 349.] They at
first refused, by the Governor's authority, to obey them.
Similar writs were then obtained from the District Judge of the
United States, upon which the petitioners were, by the Governor's
orders, produced before the State judge. The result was the
impeachment of Governor Holden and his removal from
office.[Footnote: S. S. Cox, "Three Decades of Federal
Legislation," 458.]

While martial law is the will of the commanding officer, it may
be his will to have it applied, so far as ordinary matters of
litigation are concerned, by courts. For that purpose, when in
occupation of enemy's territory, he may allow the courts