1862

Jackson, Tatlow, fl. 1862-1873

Pamphlet

Title: Authorities cited antagonistic to Horace Binney's conclusions on the writ of habeas corpus.

Published by John Campbell. Jackson states "Having carefully read Mr. Horace Binney's pamphlet 'The Privilege of the Writ of Habeas Corpus under the Constitution,' and conscientiously believing the doctrine therein inculcated to be of an anti-Republican tendency, and the conclusion- 'The President being the properest and the safest depository of the power (to suspend the Writ of Habeas Corpus) and being the only power which can exercise it under real and effective responsibilities to the people'- to be untrue, and not safe ... I feel it to be a duty ... to make public the result of such…

GLC08599.04

1862

Montgomery, John T., 1817-?

Pamphlet

Title: The writ of habeas corpus and Mr. Binney.

Published by John Campbell. Referring to Binney, Montgomery states "At a time like this, when the United States professes to be contending for the Principles of Free Government under the Constitution, it is unfortunate that a gentleman of great attainments and reputation, and of an experience of rare maturity, should come from his honorable retirement to give the world his reasons for humbling from its hitherto proud position one of the dearest principles of liberty known to free institutions." Cover is missing, and back page is detached from binding.

GLC08599.05

1862

Wharton, Geo. M., 1808-1870

Pamphlet

Title: Remarks on Mr. Binney's treatise on the writ of habeas corpus...

Published by John Campbell. Second edition. Wharton, a lawyer from Pennsylvania, states "It is as undoubtedly, however, no part of the office of an American Chief Executive to suspend, at his discretion, the privileges of the humblest citizen, whether arising from Common or Statute Law. The poorest man that walks has an equal right with the proudest, to the full protection and enjoyment of the Constitution and laws. It is, or has been, the boast of American liberty, that the rights of the citizen were clearly defined, and placed far above arbitrary estimation or interference. It has been…

GLC08599.06

1862

Wharton Geo. M., 1808-1870

Pamphlet

Title: Answer to Mr. Binney's reply to 'remarks' on his treatise on the habeas corpus.

Published by John Campbell. Wharton, a lawyer from Pennsylvania, states "Mr. Binney contends- That it is a lawful and a praiseworthy act, in the present crisis to seize a citizen in a peaceful State, where law and justice are openly and constantly administered and dispensed by the Courts, and without a responsible accuser, without oath or warrant, and without a hearing, by the mere will of the President or one of his subordinates, to hurry him to a distant fortress, and keep him confined there indefinitely, without bail or trial. The advocates of freedom content- That all this is sheer…

GLC08599.07

1862

Myer, Isaac, 1836-1902

Pamphlet

Title: Presidential power over personal liberty. A review of Horace Binney's essay on the writ of habeas corpus.

Includes inserted errata notes. States "we have shown that the normal condition of the English, and we their descendants, is freedom, subject to the law; that it was against encroachments upon their liberty, our ancestors have been contending for centuries; that the President has not and should not have the right to arrest outside of the courts of justice; that the word 'privilege' in the clause in the Constitution we have been discussing, means the right of citizens of this country to ask for the Writ of Habeas Corpus, a Writ known only to us and our ancestors, a right to a legal Writ;…

GLC08599.08

1862

Johnston, James F., fl. 1862

Pamphlet

Title: The suspending power and the writ of habeas corpus.

Published by John Campbell. Johnston states "it has been said that the 'President has no power that can be abused, except with more danger to himself than to the community,' and that ... ours is 'the most feeblest Executive perhaps ever known in a civilized community.' Is it not plain that the inference from all that is against the President's having the power to suspend the Habeas Corpus?" (page 48). Cover is missing.

GLC08599.09

1862

Kennedy, William M., fl. 1862

Pamphlet

Title: The privilege of the writ of habeas corpus under the Constitution of the United States. In what it consists. How it is allowed. How it is suspended. It is the regulation of the law, not the authorization of an exercise of legislative power.

Possibly published by John Campbell. Referring to the clauses within Article I of the United States Constitution, Campbell states "Omit the second sentence of the Clause, and we have 'The privilege of the Writ of Habeas Corpus shall NOT be suspended,' expressed. But it is subject to the implication, 'unless the public safety require it,' or 'it be herein otherwise ordained.'" Cover is missing.

GLC08599.10

1862

Parker, Joel, 1795-1875

Pamphlet

Title: Habeas corpus and martial law. A review of the opinion of Chief Justice Taney, in the case of John Merryman.

Published by John Campbell. Second addition. Parker reviews the decision of Justice Roger B. Taney regarding the seizure of John Merryman, who was allegedly imprisoned without due process. Cover is missing. Back page is detached from binding.

GLC08599.11

1862

Taney, Roger Brooke, 1777-1864

Pamphlet

Title: Decision of Chief Justice Taney, in the Merryman case, upon the writ of habeas corpus.

Published by John Campbell. Second addition. Taney states "The Constitution provides, as I have before said, that 'no person shall be deprived of life, liberty or property, without due process of law.' It declares that 'the right of the people to be secure in their persons, houses, papers, and effect, against unreasonable searches and seizures, shall not be violated' ... It provides that the party accused shall be entitled to a speedy trial in a Court of justice. And these great and fundamental laws, which Congress, itself, could not suspend, have been disregarded, and suspended, like the…

GLC08599.12

9 August 1861

Maitland, James M., 1815-1864

Autograph letter signed

Title: to Elhanan M. Mast

Reports to his brother-in-law that he has heard of the defeat at Manassas Junction, which took place on 21-22 July 1861, professing that the version of the story that he heard was much exaggerated. Informs him that Captain Baldwin's company has returned. Discusses the fall Democratic political campaign and how it relates to the war, the Constitution, and Abraham Lincoln's "course on the Habeas Corpus."

GLC03523.10.033

30 August 1863

Coleman, George W., fl. 1857-1886

Autograph letter signed

Title: to Joseph M. Maitland

Writes to "cousin," possibly Joseph M. Maitland, based on content. Writes, "I made a Union Speech which was well received by all except Vallandighammers of whom I will notice before I close... I am all over for Brough the union Candidate for Gov. & I am of the opinion that all Union men are. [Clement] Vallandigham is a more infamous traitor than Jeff Davis [Jefferson Davis] & Peugh is not one whit behind Val he is stumping the state for Val. & himself for Lieut. Gov. & all his cry is that Negroes wont fight & cries out in bitter language against the arrest of Val. [Clement…

GLC03523.10.099

21 May 1863

Maitland, James M., 1815-1864

Autograph letter signed

Title: to Joseph M. Maitland

Writes, "There is considerable excitement in the Political atmosphere. The Republicans have nominated rather a strong ticket headed by John Brough for Governor and Charlie Anderson of Texas notoriety for Lieut Gov." Recently read a speech by Brough, noting that there were "two ideas advanced which I cannot concur in. That is [inserted: in] regard to arbitrary arrests by the Military, and trying them before a Military Tribunal instead of the civil according to the provisions of the Constitution. And the other idea was that the present war could never be stopped until slavery was entirely…

GLC03523.10.067

8 August 1870

Hunt, Henry Jackson, 1819-1889

Autograph letter signed

Title: to Mary Bethune Craig Hunt

Hunt discusses the events following the so-called Kirk-Holden war of 1870. Mentions "scrape Stephen Douglas has put himself into." Cites possibility of being called to enforce a district court action against North Carolina governor William Woods Holden. "If permitted to do so I think Gov. H. will surrender on the first demand I make and that it will probably settle the case by turning the whole business over to the Civil Court. So far I have had no trouble, am on very good terms with both parties and the so called 'KuKlux' are as glad that I have troops here as are the [Government?] party."…

GLC02382.218

February 22, 1864

Hale, E.J., 1802-1880

Newspaper

Title: Fayetteville observer. [Vol. 47, no. 2438 (February 22, 1864)]

The Currency Bill, The Military Bill, The Writ of Habeas Corpus, The Tax Bill, The Fight at Newbern, Quantrell's Exodus from Missouri.

GLC05959.34.26

14 March 1864

Hale, E.J., 1802-1880

Newspaper

Title: Fayetteville observer. [Vol. 47, no. 2441 (March 14, 1864)]

The Raid on Richmond, Conduct of the Enemy in the Last Raid, Pennsylvania Campaign, Forrest's Victory in Mississippi, Cases of Habeas Corpus.

GLC05959.34.29

8 October 1862

Reynolds, J. L. (James Lawrence), 1814-1877

Newspaper

Title: Confederate Baptist. [Vol. 1, no. 2 (October 8, 1862)]

"The Prison Opened" examines the arrest and imprisonment of a minister in a federal prison, while an article titled "Respect for Rulers" extols respect for rulers and "Sentimentalism" preaches the danger of sentimentalism. "Teaching Our Slaves to Read" explains that slaves should not be taught to read; rather, they should be kept in submission. "A Much-needed Reform" describes an order by the Mayor of Charleston and South Carolina Prohibiting Negroes from Riding in Carriages. An article titled "The Front Rank" compares soldiers with Christians in desire for front line action. About one-fifth…

GLC05959.39.02

27 May 1863

Cushing, Edward H., 1829-1879

Newspaper

Title: The Tri-weekly telegraph. [Vol. 29, no. 31, whole no. 3684 (May 27, 1863)]

News from Vicksburg, northern Virginia, Richmond, Beaumont. U.S. and Great Britain. Death of Stonewall Jackson. Vallandigham's arrest. Governor Lubbock.

GLC05959.51.075

February 24, 1864

Cushing, Edward H., 1829-1879

Newspaper

Title: The Houston daily telegraph. [Vol. 29, no. 154 (February 24, 1864)]

Rangers in east Tennessee. Planting cotton. Habeas corpus. Fugitive slave ads.

GLC05959.55.02

4 December 1861

Cushing, Edward H., 1829-1879

Newspaper

Title: The Tri-weekly telegraph. [Vol. 27, no. 109, whole no. 1406 (December 4, 1861)]

Examination of Com. Stringham and the Minnesota and Hatteras war prisoners. Correspondence from Austin and New Orleans. Capture of Mason and Slidell. Martial law at Chattanooga.

GLC05959.51.006

5 May 1862

Cushing, Edward H., 1829-1879

Newspaper

Title: The Tri-weekly telegraph. [Vol. 28, no. 21, whole no. 3516 (May 5, 1862)]

Women's work in New Orleans. The federal commander's demands. Editorial on New Orleans. Battle of Glorietta. News from New Mexico. Martial law. City Council minutes. The Winchester battlefield. Battle of Valverde.

GLC05959.51.033

4 June 1862

Cushing, Edward H., 1829-1879

Newspaper

Title: The Tri-weekly telegraph. [Vol. 28, no. 34, whole no. 3529 (June 4, 1862)]

Williamsburg engagements. Surrender of Natchez. Battle of Shiloh. Prisoners at Chicago, and escort of federal prisoners home. General orders from Texas headquarters about recruits. Battle at Vicksburg, and gunboat battles. Proclamation of martial law.

GLC05959.51.045

20 March 1863

Blum, L.V., fl. 1864-1866

Newspaper

Title: People's press. [Vol. 12, no. 46 (March 20, 1863)]

Secretary Seward's Plan for Restoring the Union. An article describes a night's experience in a typical army camp, while another outlines the history of small pox. The remarks of Mr. Warren on a congressional bill are included. An article describes mail services in regards to contracts with the army. Notes from the habeas corpus case are published by request of the chief justice, as are congressional minutes.

GLC05959.27.05

24 April 1863

Blum, L.V., fl. 1864-1866

Newspaper

Title: People's press. [Vol. 12, no. 51 (April 24, 1863)]

Conscripting Negroes, Yankee Account of Attack on Charleston, Defeat of General Pegram. An editorial responds to the suspension of habeas corpus and the loss of personal liberty. Minutes from an important Democratic meeting in New York include resolutions for peace, and minutes from the Confederacy congress are printed here. More brief editorials examine the reality of peace. An article reports Mississippi's reactions to the war. Lincoln's proclamation requesting a special day of fast and prayer is printed.

GLC05959.27.06

19 June 1863

Blum, L.V., fl. 1864-1866

Newspaper

Title: People's press. [Vol. 13, no. 7 (June 19, 1863)]

Vicksburg, Yankee Spy in Nassau. Observations of a Yankee spy who traded for southern cotton are printed. Two articles discuss running the blockade, and two other articles discuss an important habeas corpus case. The minutes of a peace convention in New York City are included. A long article reports the cavalry fight near Brandy Station.

GLC05959.27.09

31 July 1863

Blum, L.V., fl. 1864-1866

Newspaper

Title: People's press. [Vol. 13, no. 13 (July 31, 1863)]

Stonewall Jackson's Name and Memory, Morgan in Trouble at Ohio River, The Third Days Fight at Gettysburg. An article describes the last battle of Stonewall Jackson. Mr. Grissom remarks in the House of Commons on habeas corpus in the Confederacy. An article reports the riot in New York City. Correspondence about the readmission of Louisiana includes a response by Lincoln. An article outlines gross injustice to the state of North Carolina. An ad requests women to dry fruit for soldiers.

GLC05959.27.13