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accused act of Congress act of indemnity act of Parliament arrested Articles of War authority beg leave citizens civil law commanding committed common law Const constitution and laws courts of justice courts-martial crime death declaration of martial declare martial law district duty establish martial law execution exercise fact felony follows force Francis Lieber habeas corpus Indiana indicted inflicted insurrection Judge Advocate judgment jurisdiction Kentucky King land laws of war liberty limited Lord Coke Magna Charta ment military commission military law military power nations naval necessity offence operations opinion peers persons political power in question precedents President prisoner privilege proceedings proclaim martial law proclamation of martial proclamation of September provisions public enemies public safety punishment regard reign safety may require says soldiers statutes suppress suspend the writ theater therein thereof tial law tion trial by jury tribunal Union United vested writ of habeas
Page 51 - The privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it.
Page 40 - If at any time the public safety should require the suspension of the powers vested by this act in the Courts of the United States, it is for the Legislature to say so. That question depends on political considerations, on which the Legislature is to decide. Until the Legislative will be expressed, this Court can only see its duty, and must obey the laws.
Page 27 - 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.
Page 27 - And whereas also by authority of Parliament, in the 25th year of the reign of King Edward the Third, it is declared and enacted, that no man shall be forejudged of life or limb against the form of the Great Charter, and the law of the land...
Page 50 - Indian tribes; to fix the standard of weights and measures ; to establish post-offices and post-roads ; to declare war ; to raise and support armies ; to provide and maintain a navy...
Page 27 - ... 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 colour of them any of your Majesty's subjects be destroyed or put to death contrary to the laws and franchise of the land.
Page 27 - England, it is declared and enacted, That no freeman may be taken or imprisoned, or be disseized of his freehold or liberties, or his free customs, or be outlawed or exiled, or in any manner destroyed, but by the lawful judgment of his peers, or by the law of the land.
Page 16 - I lay this down as the law of nations. I say that the military authority takes for the time the place of all municipal institutions, and slavery among the rest ; and that, under that state of things, so far from its being true that the States where slavery exists have the exclusive management of the subject, not only the President of the United States but the commander of the army has power to order the universal emancipation of the...
Page 55 - That, during the present rebellion, the President of the United States, whenever, in his judgment, the public safety may require it, is authorized to suspend the privilege of the writ of habeas corpus in any case throughout the United States, or any part thereof.