A Treatise on the Law of the American Rebellion
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| Hersteller: | Forgotten Books (Gardner, Daniel´) |
| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from A Treatise on the Law of the American Rebellion: And Our True Policy, Domestic and Foreign This act of Congress, and the decision of Mr. Justice Nelson and the Circuit Court, establish a full discretionary martial power, which, in war and in martial conflicts, is vested in the President by the Constitution of the Union,and with which no court or judge can interfere, revise or annul. These gentlemen and some able jurists, not seeing the distinction between civil and martial treasons, in the nature of the case, suppose that the Constitution provides for the trial and punishment of all treasons; whereas, civil only, and not such as now abound, are there treated of. The assassinations at Baltimore, of 19th April, 1861, and hundreds of murders of loyal men in Rebeldom, go unpunished, as the sword and martial law alone can punish them. The murderers of the Massachusetts soldiers now repose safely as neighbors of Chief-Justice Taney. They also ignore the numerous decision of the National Supreme Court, including Chief-Justice Taney, declaring that the President had a constitutional martial authority to govern conquered Mexico by his martial officers and martial discretion, establish duties and collect them by his military officers; and that, where the President has a discretionary, executive or martial authority, his decision is final, and no court can, by any proceeding, revise it or set it aside. (See authorities below). They suppose that the national judges can, by a writ of habeas corpus, take supreme control over the President and his officers of the army and navy, in cases martial and naval. This is a mistake, as persons within military custody and jurisdiction, for martial offences, are beyond the civil Code, and subject to the President´s martial power, and to his military commissions and courts-martial. In these martial cases the civil judge or court has no authority. These opinions of the three learned gentlemen are against the law, as settled by authority, and their publication has given aid and comfort to the rebellion. The judiciary, according to these gentlemen, have a supervisory supreme power over all martial arrests, and all martial or executive acts of the President in all cases, even though the Constitution of the Union has conferred on him a supreme discretion, to be exercised for the preservation and protection of the American people, and as their elected representative President. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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