Military Government of Hostile Territory in Time of War |
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Page 13
... juries , and all courts of justice were to withdraw from that region ; that the jails and penitentiaries were to be set open , and the escaped criminals were to reap- pear amid the scenes of their former crimes ; that the officers of ...
... juries , and all courts of justice were to withdraw from that region ; that the jails and penitentiaries were to be set open , and the escaped criminals were to reap- pear amid the scenes of their former crimes ; that the officers of ...
Page 15
... jury , and executioner too often stand embodied in a single individual at the but - end of a Sharp's rifle . In the civil war brought upon southern rebels by their own choice , to permit them to be governed by rules , regulations ...
... jury , and executioner too often stand embodied in a single individual at the but - end of a Sharp's rifle . In the civil war brought upon southern rebels by their own choice , to permit them to be governed by rules , regulations ...
Page 28
... jury trials , territorial limi- tations of process , and slowness of procedure , to say nothing of the inexperience of learned jurists in mili- tary affairs . * Vallandigham's Case . ( Appendix , 88 ) . Dynes vs. Hoover , 20 How . 81 ...
... jury trials , territorial limi- tations of process , and slowness of procedure , to say nothing of the inexperience of learned jurists in mili- tary affairs . * Vallandigham's Case . ( Appendix , 88 ) . Dynes vs. Hoover , 20 How . 81 ...
Page 38
... jury , limitation of place in which trial shall be held , and without right of appeal , are not within the prohibitions of the Consti- tution . The clauses referring to these subjects are as fol- lows : Amendment , Art . V. " No person ...
... jury , limitation of place in which trial shall be held , and without right of appeal , are not within the prohibitions of the Consti- tution . The clauses referring to these subjects are as fol- lows : Amendment , Art . V. " No person ...
Page 39
... jury trial in open court in the State and district where the crime was committed , and refers only to a judicial proceeding relating to crimes in the ordinary judicial courts . Art . 7th refers only to proceedings in common law courts ...
... jury trial in open court in the State and district where the crime was committed , and refers only to a judicial proceeding relating to crimes in the ordinary judicial courts . Art . 7th refers only to proceedings in common law courts ...
Other editions - View all
Military Government of Hostile Territory in Time of War (Classic Reprint) William Whiting No preview available - 2017 |
Military Government of Hostile Territory in Time of War Dr William Whiting No preview available - 2016 |
Common terms and phrases
Act of Congress administer allegiance Appendix appointed arms army and navy Article articles of war authority belligerent rights California captured ceded Circuit Court citizens civil courts collector commander Commander-in-Chief conqueror conquest Constitution courts martial crimes decisions declared Department districts duties Dynes enemy's country enforced engaged ernment established Executive exercise government of California governor habeas corpus hostile inhabitants institutions insurrection insurrectionary Judge judicial courts judicial power jury law of nations laws of Congress laws of war legislative Leitensdorfer liable martial law ment Mexico mili military commission military courts military government military law military power military tribunals municipal necessary offence officers original jurisdiction peace persons political possession power conferred President proceedings proclamation provisional government public enemies punishment question rebellion recognized rules and regulations sanctioned Secretary secure sentence sovereignty statutes subjugated Supreme Court Tamaulipas Tampico tary territory thereof tion treaty Union United Vallandigham's Wheaton writ of certiorari
Popular passages
Page 19 - The United States shall guaranty to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.
Page 87 - ... law, would be violated, that sense of justice and of right which is acknowledged and felt by the whole civilized world would be outraged, if private property should be generally confiscated, and private rights annulled. The people change their allegiance, their relation to their ancient sovereign is dissolved, but their relations to each other, and their rights of property, remain undisturbed.
Page 50 - States, then in such case it may and shall be lawful for the President, by proclamation, to declare that tJie inhabitants of such State, or any section or part thereof where such insurrection exists, are in a state of insurrection against the United States ; and thereupon all commercial intercourse by and between the same and the citizens thereof, and the citizens of the rest of the United States, shall cease and be unlawful so long as such condition of hostility shall continue...
Page 44 - And can there be any doubt, that when the executive branch of the government, which is charged with our foreign relations, shall in its correspondence with a foreign nation assume a fact in regard to the sovereignty of any island or country, it is conclusive on the judicial department?
Page 47 - Florida (except the inhabitants of that part of the State of Virginia lying west of the Alleghany Mountains and of such other parts of that State and the other States hereinbefore named as...
Page 31 - ... a supplemental code is absolutely needed. 7. That unwritten code is Martial Law, as an addition to the written military code, prescribed by Congress in the Rules and Articles of War, and which unwritten code all armies, in hostile countries, are forced to adopt, not only for their own safety, but...
Page 50 - An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, and to repeal the act now in force for that purpose...
Page 40 - These provisions show that congress has 'the power to provide for the trial and punishment of military and naval offenses in the manner then and now practiced by civilized nations; and that the power to do so is given without any connection between it and the 3d article of the constitution defining the judicial power of the United States; indeed, that the two powers are entirely independent of each other.