Lincoln's Suspension of Habeas Corpus as Viewed by CongressUniversity of Chicago, 1907 - 73 páginas |
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Términos y frases comunes
115 War Records 37th Cong 37th Congress act of Congress aforesaid ambiguity amendment approved authority to suspend bail or recognizance circuit court Collamer commenced Congressional Constitution debate declare Democrats discharge district Ex parte Merryman ex parte Milligan Executive extra session February 23 final judgment Francis Lieber further enacted Globe habeas cor Habeas Corpus Act hereby House Bill Ibid imprisonment indemnify the President insurrection joint resolution judge or court July July 12 Lane of Indiana military oath order or authority passage passed pending person is detained political prisoners power to suspend present rebellion Presidential suspension proceedings proclamation public safety question rebellion or invasion removal and transfer Republicans right to suspend safety may require Saulsbury Secretary Secretary of War Senate Senate's substitute suit or prosecution suspend the privilege suspend the writ SUSPENSION OF HABEAS thereof third section tion Trumbull Trumbull's vote War Democrats Wilson writ of habeas
Pasajes populares
Página 1 - ... to arrest and detain, without resort to the ordinary processes and forms of law, such individuals as he might deem dangerous to the public safety.
Página 5 - A bill to authorize the employment of volunteers to aid in enforcing the laws and protecting public property...
Página 10 - ex majore cautela" and in anticipation of such astute objections, passing an act "approving, legalizing, and making valid all the acts, proclamations, and orders of the President, &c., as if they had been issued and done under the previous express authority and direction of the Congress of the United States.
Página 4 - ... is equivalent to a provision — is a provision — that such privilege may be suspended when, in case of rebellion or invasion, the public safety does require it.
Página 3 - The whole of the laws which were required to be faithfully executed were being resisted, and failing of execution in nearly one third of the States. Must they be allowed to finally fail of execution, even had it been perfectly clear that by the use of the means necessary to their execution some single law, made in such extreme tenderness of the citizen's liberty, that practically it relieves more of the guilty than of the innocent, should to a very limited extent be violated?
Página 2 - ... desire — feed them well, and give them disunion without a struggle of their own. It recognizes no fidelity to the Constitution, no obligation to maintain the Union ; and while very many who have favored it are doubtless loyal citizens, it is, nevertheless, very injurious in effect. Recurring to the action of the Government, it may be stated that, at first, a call was made for seventy-five thousand militia ; and rapidly following this, a proclamation was issued for closing the ports of the insurrectionary...
Página 57 - ... no military or other officer shall be compelled, in answer to any writ of habeas corpus, to return the body of any person or persons detained by him by authority of the President ; but upon the certificate, under oath, of the officer having charge of any one so detained that such person is detained by him as a prisoner under authority of the President, further proceedings under the writ of habeas corpus shall be suspended by the judge or court having issued the said writ, so long as said suspension...
Página 53 - And any attachment of the goods or estate of the defendant by the original process, shall hold the goods or estate so attached, to answer the final judgment in the same manner as by the laws of such State they would have been holden to answer final judgment, had it been rendered by the court in which the suit commenced.
Página 2 - Florida coast to permit no person to exercise any office or authority upon the Islands of Key West, the Tortugas, and Santa Rosa, which may be inconsistent with the laws and Constitution of the United States, authorizing him at the same time, if he shall find it necessary, to suspend there the writ of habeas corpus, and to remove from the vicinity of the United States fortresses all dangerous or suspected persons.
Página 63 - ... if special bail was originally requisite therein, it shall then be the duty of the state court to accept the surety, and proceed no further in the cause...