Trial of the Conspirators, for the Assassination of President Lincoln, &c: Argument of John A. Bingham, Special Judge Advocate, in Reply to the Arguments of the Several Counsel for Mary E. Surratt, David E. Herold, Lewis Payne, George A. Atzerodt, Michael O'Laughlin, Samuel A. Mudd, Edward Spangler, and Samuel Arnold, Charged with Conspiracy and the Murder of Abraham Lincoln, Late President of the United States

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U.S. Government Printing Office, 1865 - 122 pages
 

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Page 27 - That in time of war, all persons not citizens of, or owing allegiance to, the United States of America, who shall be found lurking as spies in or about the fortifications or encampments of the armies of the United States, or any of them, shall suffer death, according to the law and usage of nations, by sentence of a general court-martial.
Page 43 - ... any suit or prosecution, civil or criminal, has been or shall be commenced in any State court against any such person, for any cause whatsoever...
Page 35 - Thus the rights of property are united with the rights of person, and placed on the same ground by the fifth amendment to the constitution, which provides that no person shall be deprived of life, liberty, and property, without due process of law.
Page 42 - 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.
Page 44 - States, and all persons discouraging volunteer enlistments, resisting militia drafts, or guilty of any disloyal practice, affording aid and comfort to the rebels against the authority of the United States, shall be subject to martial law, and liable to trial and punishment by courts-martial or military commission.
Page 111 - Duncan is in his grave; After life's fitful fever he sleeps well; Treason has done his worst: nor steel, nor poison, Malice domestic, foreign levy, nothing Can touch him further.
Page 39 - ... such part of the land or naval forces of the United States as he deems necessary.
Page 24 - Whether the president in fulfilling his duties, as commander-inchief, in suppressing an insurrection, has met with such armed hostile resistance, and a civil war of such alarming proportions as will compel him to accord to them the character of belligerents, is a question to be decided by him, and this court must be governed by the decisions and acts of the political department of the government to which this power was intrusted. "He must determine what degree of force the crisis demands.
Page 22 - That during the existing insurrection, and as a necessary measure for suppressing the same, all rebels and insurgents, their aiders and abettors, within the United States, and all persons discouraging volunteer enlistments, resisting militia drafts, or guilty of any disloyal practice affording aid and comfort to rebels against the authority of the United States, shall be subject to martial law, and liable to trial and punishment by courtsmartial or military commissions.
Page 46 - April, 1800, it is provided that "all crimes committed by persons belonging to the navy which are not specified in the foregoing articles shall be punished according to the laws and customs in such cases at sea.

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