Cases on Martial LawArmy Service Schools Press, 1910 - 342 páginas |
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Página 5
... contest , and that those who were in arms against it were insur- gents , and liable to punishment . This doctrine is clearly and forcibly stated in the opinion of the su- preme court of the State in the trial of Thomas.
... contest , and that those who were in arms against it were insur- gents , and liable to punishment . This doctrine is clearly and forcibly stated in the opinion of the su- preme court of the State in the trial of Thomas.
Página 11
... opinion of certain facts , it is a sound rule of construction that the statute constitutes him the sole and exclusive judge of the existence of those facts . " The grounds upon which that opinion is maintained are set forth in the ...
... opinion of certain facts , it is a sound rule of construction that the statute constitutes him the sole and exclusive judge of the existence of those facts . " The grounds upon which that opinion is maintained are set forth in the ...
Página 13
... opinion upon the subject , it seeks information from any authentic and available source , without waiting for the formal introduction of testimony to prove it , and without confining itself to the proofs which the parties may offer ...
... opinion upon the subject , it seeks information from any authentic and available source , without waiting for the formal introduction of testimony to prove it , and without confining itself to the proofs which the parties may offer ...
Página 14
... opinion . We decline doing so . The high power has been conferred on this court of passing judgment upon the acts of the state sovereignties , and of the legislative and executive branches of the federal government , and of determining ...
... opinion . We decline doing so . The high power has been conferred on this court of passing judgment upon the acts of the state sovereignties , and of the legislative and executive branches of the federal government , and of determining ...
Página 15
... opinion of the court . On the 10th day of May , 1865 , Lambdin P. Milli- gan presented a petition to the Circuit Court of the United States for the district of Indiana , to be dis- charged from an alleged unlawful imprisonment . The ...
... opinion of the court . On the 10th day of May , 1865 , Lambdin P. Milli- gan presented a petition to the Circuit Court of the United States for the district of Indiana , to be dis- charged from an alleged unlawful imprisonment . The ...
Términos y frases comunes
act of Congress action applied army arrest and imprisonment called cause charged charter government Chief Justice Circuit Court citizen civil authorities claimed committed counsel court-martial crime custody danger decision defendants detained discharge district draft duty enforce Ex parte Bollman Ex parte Milligan executive exercise existence facts federal governor habeas corpus held illegal Indiana insurrection invasion issued judge judgment judicial department jurisdiction justify laws of war legislature liable liberty limits martial law McDowell ment military commission military officer military operations militia Milligan necessary necessity obedience offenses opinion peace persons petition petitioner plaintiff plea President prisoner prisoner of war proceedings proclamation proper provost marshal public safety punishment purpose question reason rebellion rebels require Rhode Island San Miguel County Shoshone county soldiers statute suppress Supreme Court suspend the privilege suspend the writ tion trial tribunals United War Department writ of habeas
Pasajes populares
Página 22 - The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government.
Página 125 - And that either of the justices of the Supreme Court, as well as 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 30 - It follows, from what has been said on this subject, that there are occasions when martial rule can be properly applied. If, in foreign invasion or civil war, the courts are actually closed, and it is impossible to administer criminal justice according to law, then, on the theatre of active military operations, where war really prevails, there is a necessity to furnish a substitute for the civil authority thus overthrown, to preserve the safety of the army and society ; and as no power is left but...
Página 188 - Done at the City of Washington, this twenty-second day of September, in the year of our Lord, one thousand eight hundred and sixty-two, and of the Independence of the United States the eighty-seventh. ABRAHAM LINCOLN. By the President: WILLIAM H SEWARD, Secretary of State.
Página 139 - Nevertheless against the Tenor of the said Statutes, and other the good Laws and Statutes of your Realm to that End provided...
Página 317 - Act relating to habeas corpus and regulating judicial proceedings in certain cases," approved March three, eighteen hundred and sixty-three, and all acts amendatory thereof.
Página 298 - That the Writ of Habeas Corpus is suspended in respect to all persons arrested, or who are now, or hereafter during the Rebellion shall be, imprisoned in any Fort, camp, arsenal, military prison, or other place of confinement by any military authority, or by the sentence of any Court-Martial or Military Commission.
Página 88 - ... 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.
Página 65 - There are, without doubt, occasions in which private property may lawfully be taken possession of or destroyed to prevent it from falling into the hands of the public enemy; and also where a military officer, charged with a particular duty, may impress private property into the public service or take it for public use. Unquestionably, in such cases, the government is bound to make full compensation to the owner ; but the officer is not a trespasser.
Página 23 - Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false; for the government, within the Constitution, has all the powers granted to it, which are necessary to preserve its existence; as has been happily proved by the result of the great effort to throw off its just authority.