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act of Congress action actual answer appear applied argument armed army arrest authority brought called cause charged chief citizen civil claimed command commission committed conclusion Congress considered Constitution court custody danger decide decision defendants determine directed discharge district duty effect established executive exercise existence extent facts force further given giving governor ground habeas corpus held illegal imprisonment Indiana insurrection invasion issued judge judgment judicial jurisdiction jury justice justify legislative liberty limits March marshal martial law matter means ment military militia Milligan necessary necessity offenses officer opinion party passed peace persons petition petitioner plaintiff plea present President principles prisoner privilege proceedings proclamation proper protect punishment question reason rebellion referred require respect rule safety soldiers statute suppress Supreme Court suspend tion trial tribunals United writ of habeas
Seite 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.
Seite 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...
Seite 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.
Seite 139 - Nevertheless against the Tenor of the said Statutes, and other the good Laws and Statutes of your Realm to that End provided...
Seite 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.
Seite 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.
Seite 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.
Seite 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.
Seite 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.