The Habeas Corpus And Martial Law

Cover The Habeas Corpus And Martial Law
The Habeas Corpus And Martial Law
Robert L Breck
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The severest and longest struggles between the English Crown and the people related to the privilege of this writ, and each issued in a more distinct recognition of it, and an ampler security for its undisturbed enjoyment, until finally the entire control of it was removed entirely beyond the reach of the crown. * Our fathers brought it to this continent with the English blood circling in their veins. It stood in the common law, which was their heritage.
* Hallam's Constitutional History, vol.
...8, p. 9. C. J. Taney, Ex Parte Merryman, p. 531.
20 THE HABEAS CORPUS AND MARTIAL LAW.
And when they came to make a government for themselves, they put it into their Constitution.
This great writ, of immemorial antiquity : the right to which our English ancestors, through all the period of their history, steadily and unswervingly asserted; which they vindicated with their blood ; the guarantees of which they wrung from royal despots ; which our fathers brought with them to this continent and put into their Constitution — this great writ the President of the United States now assumes to control ; and claims the authority ex officio to suspend the privilege of it at his discretion, and even to delegate this discretionary power to inferior military officers in every part of the country ; and acting under this assumption of authority he has caused to be arrested hundreds of citizens who now lie in prisons, to continue there during his pleasure.


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