This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1861 Excerpt: ...Taney and Mr. Justice Hall to set up for themselves a power, by issuing a writ, to command the commander-in-chief, our major-generals and other military officers, to omit all military movements, and bring before the judges a spy or a bridge-burner, like Merriman, who acted in aid of the rebels seeking to insure their taking Washington, and await the superior orders of Justices Taney or Hall. County state judges have had the audacity to assume a like jurisdiction over the martial acts of the commander-in-chief of our armies, on the principles of these gentlemen. A Kings County judge tried to deliver this martial offender, by habeas corpus, from the power of martial law, as Mr. Taney had before done, and both failed, as their writs were properly disregarded. Our government, like every other, has a plenary power of self-preservation, by aid of the courts civil in peace, and by martial power in war. In cases of invasion or insurrection, the President or his generals, by his authority or by his approval, may do all acts judged to be a military necessity, both as to property and persons, and the Code civil has nothing to do with such cases. The civil Code and its judges are powerless to put down this mighty rebellion, and the armed power, the martial Code of necessity, supersedes the civil. Congress is restrained from passing a general law suspending the habeas corpus, except in cases of rebellion or invasion. Such a general law, if passed, would be sweeping, and is wholly different from martial law, which is limited to martial offenders, to specified places, and to periods of great danger, and, so far as necessary, supersedes the civil law during the perils of war. When this war ceases, the Code civil is restored fully. The martial power acts at once, and is con...