Habeas Corpus and Martial Law: A Review of the Opinion of Chief Justice Taney, in the Case of John MerrymanJ. Campbell, 1862 - 55 páginas |
Palavras e frases frequentes
application army arrest bail Baltimore Borden bound Cadwalader camp charged Charles II Chief Justice Taney circumstances civil authority civil process civil responsibility commanding officer committed common law Congress constitutional provision court custody declare martial law detained detention discharge discretion District enemy execution exemption exercise existence of martial fact Fort McHenry habeas corpus held imprisonment inquiry issued judge judicial justify lawfully laws of war liberty Lord Mansfield Luther manding marshal martial law Maryland Massachusetts McHenry Merryman mili military authority military commander military duty military force military law military officer military operations military service municipal law necessity North American Review obedience obey offence opinion party peace person posse comitatus prerogative writ President prisoner proceedings proclamation public enemy purpose question reason rebellion refuse require resistance says secure sheriff soldiers mustered Stacy statute supposed suspend the writ tary trespass troops United unlawful warrant writ of habeas
Passagens conhecidas
Página 12 - No freeman (says the 29th chapter of Henry III.7s charter, which, as the existing law, I quote in preference to that of John, the variations not being very material) shall be taken or imprisoned, or be disseised of his freehold, or liberties, or free customs, or be outlawed, or exiled, or. any otherwise destroyed ; nor will we pass upon him, nor send upon him, but by lawful judgment of his peers, or by the law of the land.* We will sell to no man, we will not deny, or delay to any man justice or...
Página 9 - Circuit Court of the United States for the District of Maryland and direct the clerk to transmit a copy under seal to the President of the United States. It will then remain for that high officer in fulfilment of his Constitutional obligation to 'take care that the laws be faithfully executed...
Página 12 - Coke observes, was for the most part declaratory of the principal grounds of the fundamental laws of England.
Página 19 - Every subject has a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation...
Página 28 - The power is essential to the existence of every government, essential to the preservation of order and free institutions, and is as necessary to the States of this Union as to any other government.
Página 37 - But when the laws of war are in force, what, I ask, is one of those laws ? It is this : that when a country is invaded, and two hostile armies are set in martial array, the commanders of both armies have power to emancipate all the slaves in the invaded territory.
Página 28 - And if the government of Rhode Island deemed the armed opposition so formidable, and so ramified throughout the State, as to require the use of its military force and the declaration of martial law, we see no ground upon which this court can question its authority. It was a state of war ; and the established government resorted to the rights and usages of war to maintain itself, and to overcome the unlawful opposition.
Página 19 - No person can in any case be subjected to law martial, or to any penalties or pains, by virtue of that law, except those employed in the army or navy, and except the militia in actual service, but by authority of the legislature.
Página 43 - We think the proper character of the transaction was that of a hostile seizure, made, if not flagrante, yet nondum bello, regard being had both to the time, the place, and the person ; and, consequently, that the municipal court had no jurisdiction to adjudge upon the subject : but that, if any thing was done amiss, — recourse could only be had to the government for redress.
Página 15 - For from the earliest history of the common law, if a person were imprisoned, no matter by what authority, he had a right to the writ of habeas corpus to bring his case before the King's Bench ; and if no specific offence was charged against him in the warrant of commitment, he was entitled to be forthwith discharged...