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 - 272 páginas |
Dentro del libro
Resultados 1-5 de 45
Página 46
... same opinion ( pp . 83 , 84 ) the learned Judge declares that writs of Habeas Corpus , Mandamus , Prohibition , Suppli- cavit , and the writ of Homine Replegiando , are all writs of right ; " but , " he adds , " 46 APPLICATION FOR.
... same opinion ( pp . 83 , 84 ) the learned Judge declares that writs of Habeas Corpus , Mandamus , Prohibition , Suppli- cavit , and the writ of Homine Replegiando , are all writs of right ; " but , " he adds , " 46 APPLICATION FOR.
Página 63
... learned friend , the District Attorney of the United States , would think of indicting a prisoner ? But I will read the sentences which , " in words , or in effect , " are so emi- nently disloyal . Mr. Vallandigham , as we are told ...
... learned friend , the District Attorney of the United States , would think of indicting a prisoner ? But I will read the sentences which , " in words , or in effect , " are so emi- nently disloyal . Mr. Vallandigham , as we are told ...
Página 74
... learned author next intimates some degree of uncertainty ; inasmuch as in all the reported cases , before his time , the prisoners had been charged , also , with com- passing the queen's death . Again , same chapter , sections 9 , 10 ...
... learned author next intimates some degree of uncertainty ; inasmuch as in all the reported cases , before his time , the prisoners had been charged , also , with com- passing the queen's death . Again , same chapter , sections 9 , 10 ...
Página 80
... learned friends upon the other side will consider this in time ; that they will use their influence not only with the defendant , but with those to whom at present he is amenable , to revoke - ere it be too late - the dreadful fiat of ...
... learned friends upon the other side will consider this in time ; that they will use their influence not only with the defendant , but with those to whom at present he is amenable , to revoke - ere it be too late - the dreadful fiat of ...
Página 89
... learned in the law . These , except the third , fourth , and fifth , are not the rules of procedure in military tribunals . It is at the discretion of the commanding officer when a prisoner shall be arraigned for trial ; and , at his ...
... learned in the law . These , except the third , fourth , and fifth , are not the rules of procedure in military tribunals . It is at the discretion of the commanding officer when a prisoner shall be arraigned for trial ; and , at his ...
Otras ediciones - Ver todas
The Trial of Hon. Clement L. Vallandigham: By a Military Commission: and the ... Vista completa - 1863 |
Términos y frases comunes
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
Pasajes populares
Página 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...
Página 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...
Página 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.
Página 241 - Under this article of the Constitution it rests with Congress to decide what government is the established one in a State.
Página 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...
Página 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.
Página 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.
Página 239 - The necessity of reciprocal checks in the exercise of political power, by dividing and distributing it into different depositories, and...
Página 231 - ... 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...
Página 141 - ... 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.