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 |
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Page 7
... commit acts for the benefit of the enemies of our country will be tried as spies or traitors , and , if convicted ... committing such offenses will be at once arrested , with a view to being tried as above stated , or sent be- yond our ...
... commit acts for the benefit of the enemies of our country will be tried as spies or traitors , and , if convicted ... committing such offenses will be at once arrested , with a view to being tried as above stated , or sent be- yond our ...
Page 48
... commit . " One peculiar excellence of the Habeas Corpus Act , so called , was that it required the Courts of Westminster in term time , and every judge in vacation , to grant the writ immediately , without excuse or evasion , and ...
... commit . " One peculiar excellence of the Habeas Corpus Act , so called , was that it required the Courts of Westminster in term time , and every judge in vacation , to grant the writ immediately , without excuse or evasion , and ...
Page 49
... committed for trial before some Court of the same , or are necessary to be brought into Court to testify . " ( U. S. Stat . at Large , vol . 1 , pp . 81 , 82. ) This act was construed by the Supreme Court of the United States in the ...
... committed for trial before some Court of the same , or are necessary to be brought into Court to testify . " ( U. S. Stat . at Large , vol . 1 , pp . 81 , 82. ) This act was construed by the Supreme Court of the United States in the ...
Page 50
... commit- ment . " The English judges , being originally under the influence of the Crown , neglected to issue this writ where the Government entertained suspicions which could not be sustained by evidence ; and the writ , when issued ...
... commit- ment . " The English judges , being originally under the influence of the Crown , neglected to issue this writ where the Government entertained suspicions which could not be sustained by evidence ; and the writ , when issued ...
Page 66
... committing any act of violence or disorder whatsoever ? O , no , sir ! -but " by saying " that " the sooner the people inform the minions of usurped power that they will not submit to such restrictions upon their liberties the better ...
... committing any act of violence or disorder whatsoever ? O , no , sir ! -but " by saying " that " the sooner the people inform the minions of usurped power that they will not submit to such restrictions upon their liberties the better ...
Other editions - View all
The Trial of Hon. Clement L. Vallandigham, 1863: By a Military Commission ... Clement L. Vallandigham No preview available - 2015 |
The Trial of Hon. Clement L. Vallandigham, 1863: By a Military Commission ... Clement L. Vallandigham No preview available - 2017 |
Common terms and phrases
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 Judge Judge-Advocate judicial jurisdiction jury justice king's laws of war learned counsel liberty Lord 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 Rhode Island rule soldiers speech statute suppress Supreme Court suspended thing tion treason trial Union United Vallandigham vols warrant words writ of Habeas
Popular passages
Page 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...
Page 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.
Page 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...
Page 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.
Page 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.
Page 241 - Under this article of the Constitution it rests with Congress to decide what government is the established one in a State.
Page 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...
Page 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...
Page 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.
Page 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.