Opinion Of Judge N K Hall

Excerpt from Opinion of Judge N. K. Hall, of the United States District Court for the Northern District of New York, on Habeas Corpus in the Case of Rev. Judson D. Benedict: And Documents and Statement of Facts Relating Thereto, With Notes and Additional Authorities In the appendix, following the first opinion, will be found (besides other notes) a note containing extended quotations from many of the most accurate and reliable military and legal writers, and other distinguished persons. Who have discussed the subject of martial law and also a few s'ug gestions in regard to the term Martial Law, its true signification and force, and the exercise of arbitrary power, in England' and the United States. Under pretence of its authority. 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.

Excerpt from Opinion of Judge N. K. Hall, of the United States District Court for the Northern District of New York, on Habeas Corpus, in the Case of Rev. Judson D. Benedict The application for the writ of habeas corpus, in this case, was made while I was engaged in other duties; and although I retained the petition and gave the questions presented a hasty examination, before I allowed the writ, I had no time to prepare an opinion upon the questions which then occurred to me as necessary to be considered before grant ing the petitioner's application. I therefore simply made a note of the authorities examined; and, as the case is one of importance. I Shall now. State my opinion upon the questions considered at the time the petition for the habeas corpus was under consideration; and shall refer to the authorities then examined, and some others, which appear to me to require the exercise of the jurisdiction and authority invoked by the petitioner. The Act of Congress of September 24, 1789 (the Judiciary Act), declares that either of the Jus tices of the Supreme Court, as well as Judges of the District Courts, shall have power to grant writs of habeas corpus for the purpose of an ih quiry into the cause of commitment - Provided that writs of habeas corpus shall in no case extend to prisoners in jail, unless where they are in cus tody, under or by color of the authority of the United States, or are committed for trial before some court of the same, or are necessary to be brought into court to testify. 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.