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 Ohio
Rickey and Carroll, 1863 - 272 pagina's
Wat mensen zeggen - Een review schrijven
We hebben geen reviews gevonden op de gebruikelijke plaatsen.
Overige edities - Alles weergeven
The Trial of Hon. Clement L. Vallandigham: By a Military Commission; and the ...
Volledige weergave - 1863
according accused action actual alleged allowed answer appears application argument arms army arrest authority Burnside called cause charge circumstances citizen civil claim cloth command Commission committed common Congress Constitution counsel course Court crime danger defendant denied Department directed District duty effect enemy England establish executive exercise exists fact follows force give ground Habeas Corpus hands hear History Honor imprisonment insurrection issued Judge judicial jury justice justify land learned liberty limited martial law means ment military militia nature necessary necessity never object occasion offense officer Ohio opinion party peace persons petition present President principle prisoner privilege proceedings proclamation question rebellion reference regard require resist respect rule soldiers speaking speech statute supposed suspended taken thing tion treason trial Union United Vallandigham vols warrant whole writ of Habeas
Pagina 180 - 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...
Pagina 238 - It is important, likewise, that the habits of thinking, in a free country, should inspire caution in those intrusted with its administration, to confine themselves within their respective constitutional spheres, avoiding in. the exercise of the powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the fona of government, a real despotism.
Pagina 217 - 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...
Pagina 110 - 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.
Pagina 239 - If in the opinion of the people the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation, for though this in one instance may be the instrument of good, it is the customary weapon by which free governments are destroyed.
Pagina 241 - Under this article of the Constitution it rests with Congress to decide what government is the established one in a State.
Pagina 49 - 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...
Pagina 216 - ... whenever it may be necessary in the judgment of the President to use the military force hereby directed to be called forth, the President shall forthwith and previous thereto, by proclamation, command such insurgents to disperse and retire peaceably to their respective abodes within a limited time...
Pagina 231 - 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.
Pagina 231 - 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.