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The Privilege Of The Writ Of Habeas Corpus Under The Constitution - Couverture souple

Binney, Horace

 
9780548616383: The Privilege Of The Writ Of Habeas Corpus Under The Constitution

Synopsis

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Présentation de l'éditeur

President of the United States, in time of rebellion, and when the public safety in his judgment requires, to arrest and detain a freeman, in temporary denial or delay of bail, trial, or discharge, that is to say, of his privilege of the Writ of Habeas Corpus, has been exhibited by writers in our Journals, in three points of view :1. As the lawful exercise of military power, derived to the President as commander in chief of the military force now on foot for the suppression of insurrection :2. As an incident of martial law, in time of war within the country, repelling the interference of the civil authority in all cases in which the restoration of order requires the application of the military principle: 3. As a civil power springing from the Habeas Corpus clause in the Constitution, and to be authorized by Congress, in like manner as by the Parliament of England, by delegating to the President the power to arrest and detain persons, within the limitations prescribed by the Constitution. The A ttorney-G eneral sopinion is not comprehended by this division. That opinion is founded on the alleged co-ordination of the three departments, and upon the co-equal authority of the Executive, to interpret the Constitution in what regards the Executive duties and powers, and especially his duty and power to protect and defend the Constitution, and to suppress insurrection and rebellion against the government of the nation; and in the execution of this duty and power, to arrest and detain persons who are in either actual or suspected complicity with rebellion.
(Typographical errors above are due to OCR software and don't occur in the book.)

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