The Trial of Hon. Clement L. Vallandigham: By a Military Commission: and the Proceedings Under His Application for a Writ of Habeas Corpus in the Circuit Court of the United States for the Southern District of OhioRickey and Carroll, 1863 - 272페이지 |
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58 페이지
... insurrections , and repel invasions . " To provide for organizing , arming , and disciplining the militia , and for gov- erning such part of them as may be employed in the service of the United States ; reserving to the States ...
... insurrections , and repel invasions . " To provide for organizing , arming , and disciplining the militia , and for gov- erning such part of them as may be employed in the service of the United States ; reserving to the States ...
93 페이지
... insurrection and rebel- lion prevail , it would not authorize any arrest of a citizen by the military power while the ordinary course of justice remains unobstructed , nor even , without a warrant , except in the cases I have already ...
... insurrection and rebel- lion prevail , it would not authorize any arrest of a citizen by the military power while the ordinary course of justice remains unobstructed , nor even , without a warrant , except in the cases I have already ...
109 페이지
... insurrection , holding by mili- tary force a large part of the United States , and controlling the political organization of at least twelve States of the Union . It has put into the field armies of such strength that the armies of the ...
... insurrection , holding by mili- tary force a large part of the United States , and controlling the political organization of at least twelve States of the Union . It has put into the field armies of such strength that the armies of the ...
110 페이지
... insurrection . Since all these helps combine to make up the strength of the insurrection , war is necessarily made upon them all , when made upon the insur- rection . Since each one of the insurrectionary forces holds in check or ...
... insurrection . Since all these helps combine to make up the strength of the insurrection , war is necessarily made upon them all , when made upon the insur- rection . Since each one of the insurrectionary forces holds in check or ...
111 페이지
... insurrection , and has been schemed for with amazing audacity . A military occupa- tion of either line of railroad ... insurrection in Ohio is dominated by the federal authorities , and operates in dis- guise , but it meets and receives ...
... insurrection , and has been schemed for with amazing audacity . A military occupa- tion of either line of railroad ... insurrection in Ohio is dominated by the federal authorities , and operates in dis- guise , but it meets and receives ...
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accused act of Congress affidavit alleged Ambrose E application argument arms army arrest Articles of War battle of Fredericksburg Burnside called Chief-Justice Cincinnati Circuit Court circumstances citizen civil claim Clement cloth committed common law Constitution court-martial crime custody danger declared defendant discretion District duty enemy England executive exercise exists fact force Habeas Corpus Honor imprisonment insurrection issued JOHN S. C. ABBOTT Judge Judge-Advocate judicial jurisdiction jury justice king's laws of war learned counsel liberty magistrate Major-General martial law ment Military Commission military law militia Mount Vernon nation necessary necessity oath offense Ohio opinion Parliament party peace Perry persons petition Petition of Rights petitioner plaintiff present President prisoner privilege proceedings proclamation purpose question rebellion rebels require rule soldiers speech statute suppress Supreme Court suspended thing tion treason trial Union United Vallandigham vols warrant words writ of Habeas
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180 페이지 - Whereas, the laws of the United States have been, for some time past, and now are opposed, and the execution thereof obstructed, in the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law...
217 페이지 - I deem it proper to say that the first service assigned to the forces hereby called forth, will probably be to repossess the forts, places, and property which have been seized from the Union ; and in every event the utmost care will be observed, consistently with the objects aforesaid, to avoid any devastation, any destruction of, or interference with, property, or any disturbance of peaceful citizens of any part of the country...
110 페이지 - It is not the intention of the court to say that no individual can be guilty of this crime who has not appeared in arms against his country. On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors.
241 페이지 - Under this article of the Constitution it rests with Congress to decide what government is the established one in a State.
49 페이지 - Judges of the District Courts, shall have power to grant writs of Habeas Corpus for the purpose of an inquiry into the cause of commitment...
231 페이지 - Majesty would be pleased to remove the said soldiers and mariners and that your people may not be so burdened in time to come. And that the aforesaid commissions for proceeding by martial law may be revoked and annulled. And that hereafter no commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid, lest by color of them any of your Majesty's subjects be destroyed or put to death contrary to the laws and franchise of the land.
231 페이지 - By pretext whereof some of Your Majesty's subjects have been by some of the said commissioners put to death, when and where, if, by the laws and statutes of the land, they had deserved death, by the same laws and statutes also they might, and by no other ought, to have been judged and executed.
239 페이지 - The necessity of reciprocal checks in the exercise of political power, by dividing and distributing it into different depositories, and...
231 페이지 - ... of late divers commissions under your majesty's great seal have issued forth, by which certain persons have been assigned and appointed commissioners, with power and authority to proceed within the land according to the justice of martial law...
141 페이지 - ... of delay and where the action of the civil authority would be too late in providing the means which the occasion calls for. It is impossible to define the particular circumstances of danger or necessity in which this power may be lawfully exercised. Every case must depend on its own circumstances. It is the emergency that gives the right, and the emergency must be shown to exist before the taking can be justified.