Arbitrary Arrests : Speech of Hon. P.E. Havens, of Essex County, in the House of Assembly, March 5, 1863
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The court unanimously held the allirniaLive of the issue, jusiitying the acts of the defendant under iua;liai law, ami amouir ()|,lier reasons for their dec;sii>u the celebrated Chief JusLice Taxey assigned the folloM'iug : '• The roinainiiig question is, wliether the dofcnclants, acting luulcr iiiilitui-y orJers issued luuler ilie aiulinritj' of the Governrneiit, -vvere justitiod in breaking ar.d en- torine the plainiift's honse. In relation to the act of the Lcgisialure dcclarir.g martial law..., it is not necessary to inquire to wliat extent, nor under what circumstances, that powLT may be exerci.-ed by a state. Undoubtedly n military ffovernmetit, establislied as a permanent gov- eriimeut of ihe state, would not be a republica-j govern- nitni, and it would be the duty ot Congress lo ovtMhrow it. But llie law of Rhode Island evidently contemplated no such government. It was intended merely for the crisis, ana to meet the peril in which the existing gov- erumeut was placed hy the armed reaislanco to its au- thority.
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To quickly assess the difficulty of the text, read a short excerpt:
The court unanimously held the allirniaLive of the issue, jusiitying the acts of the defendant under iua;liai law, ami amouir ()|,lier reasons for their dec;sii>u the celebrated Chief JusLice Taxey assigned the folloM'iug : '• The roinainiiig question is, wliether the dofcnclants, acting luulcr iiiilitui-y orJers issued luuler ilie aiulinritj' of the Governrneiit, -vvere justitiod in breaking ar.d en- torine the plainiift's honse. In relation to the act of the Lcgisialure dcclarir.g martial law..., it is not necessary to inquire to wliat extent, nor under what circumstances, that powLT may be exerci.-ed by a state. Undoubtedly n military ffovernmetit, establislied as a permanent gov- eriimeut of ihe state, would not be a republica-j govern- nitni, and it would be the duty ot Congress lo ovtMhrow it. But llie law of Rhode Island evidently contemplated no such government. It was intended merely for the crisis, ana to meet the peril in which the existing gov- erumeut was placed hy the armed reaislanco to its au- thority.
What to read after Arbitrary Arrests : Speech of Hon. P.E. Havens, of Essex County, in the House of Assembly, March 5, 1863?
You can find similar books in the "Read Also" column, or choose other free books by Havens, Palmer E., B. 1818 to read onlineMoreLess
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