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 72
... dangerous tendency , though maintained maliciously , advisedly , and directly , and even in the solemnities of preaching and teaching , are not considered as overt acts of treason . “ 2. In no case can a man be argued into the penalties ...
... dangerous tendency , though maintained maliciously , advisedly , and directly , and even in the solemnities of preaching and teaching , are not considered as overt acts of treason . “ 2. In no case can a man be argued into the penalties ...
Page 78
... danger by inserting a constitutional definition of the crime , fixing the proof necessary for conviction of it , and ... dangers to the government , peace and happiness of a kingdom or State , and therefore is deservedly branded with the ...
... danger by inserting a constitutional definition of the crime , fixing the proof necessary for conviction of it , and ... dangers to the government , peace and happiness of a kingdom or State , and therefore is deservedly branded with the ...
Page 79
... dangerous it is to depart from the letter of that statute , and to multiply and enhance crimes into treason by ambiguous and general words , as accroaching of royal power , subverting of fundamental laws , and the like . And , third ...
... dangerous it is to depart from the letter of that statute , and to multiply and enhance crimes into treason by ambiguous and general words , as accroaching of royal power , subverting of fundamental laws , and the like . And , third ...
Page 80
... dangerous weapon as to indicate a violent intention , the person so offending shall , upon conviction thereof , be fined in any sum not exceeding three hundred dollars and be im- prisoned in the cell or dungeon of the jail of the county ...
... dangerous weapon as to indicate a violent intention , the person so offending shall , upon conviction thereof , be fined in any sum not exceeding three hundred dollars and be im- prisoned in the cell or dungeon of the jail of the county ...
Page 81
... dangerous wounding , whereby felony is like to ensue , he may , upon probable suspicion , arrest the felon ; and , for that purpose , is authorized ( as upon a justice's warrant ) to break open doors , and even to kill the felon if he ...
... dangerous wounding , whereby felony is like to ensue , he may , upon probable suspicion , arrest the felon ; and , for that purpose , is authorized ( as upon a justice's warrant ) to break open doors , and even to kill the felon if he ...
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.