I can conceive no ground on which the idea of such a power
over any part of the territory of a State can be inferred from the power
to declare war. There never can be an occasion for jurisdiction for
military purposes except in fortifications, dockyards, and the like
places. If the soldiers are in the field or are quartered in garrisons
without the fortifications, the civil authority must prevail where they
are. The government of the troops by martial law is not affected by it.
In war, when the forces are increased and the movement is on a greater
scale, consequences follow which are inseparable from the exigencies
of the state. More freedom of action and a wider range of power in the
military commanders, to be exercised on their own responsibility, may
be necessary to the public safety; but even here the civil authority
of the State never ceases to operate. It is also exclusive for all
civil purposes.
Whether any power short of that stated would be adequate to the purposes
of internal improvement is denied. In the case of territory one
government must prevail for all the purposes intended by the grant.
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