1862

Binney, Horace, 1780-1875

Pamphlet

Title: The privilege of the writ of habeas corpus under the Consitution.

Printed by C. Sherman & Son. Second edition. The first part, 58 pages in length, discusses "The right of the President of the United States, in time of rebellion, and when the public safety in his judgment requires, to arrest and detain a freeman, in temporary denial or delay of bail, trial, or discharge ... of his privilege of the Writ of Habeas Corpus ..." A second section, 50 pages in length, examines "a doctrine of certain writers, that the Habeas Corpus clause in the Constitution does not give power to anybody to suspend the privilege of the Writ, but is only restrictive of the…

GLC08599.01

1862

Bullitt, John Christian, 1824-1902

Pamphlet

Title: A review of Mr. Binney's pamphlet on "the privilege of the writ of habeas corpus under the Constitution."

Published by John Campbell. Bullitt seeks to examine the legal aspects of Horace Binney's argument, based on his opinion that Binney's "premises were not well taken, and that his inferences or conclusions were erroneous." Expresses hope to "present the great constitutional question involved in its true light." Cover is missing.

GLC08599.02

1862

Gross, Charles H., 1838-1902

Pamphlet

Title: A reply to Horace Binney's pamphlet on the habeas corpus.

States "The Constitution, assuming that the privilege of the Writ of Habeas Corpus shall exist complete and universal, and thus authorizing it, authorizes it to be suspended on certain conditions" (page 39). Indicates that this essay was written 22 February. Cover is missing, and Gross's name is written in pencil on the title page.

GLC08599.03

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

1893

United States. Bureau of Refugees, Freedmen, and Abandoned Lands

Broadside

Title: [Reconstruction broadside]

Reconstruction broadside re: compensation for lost property. Urges reply " ... the time is fast approaching when it will be impossible to obtain an authentic record of slaves owned and recognized as property by law at that time ... "

GLC09019

1865

Broadside

Title: He Being Dead Yet Speaketh

Quotes Lincoln's statements on the Declaration of Independence, Lincoln-Douglas debates, and various sayings.

GLC09020

9 June 1865

Seward, William Henry, 1801-1872

Autograph letter signed

Title: to the Committee and Members of New York City Chamber of Commerce

Discusses his recuperation after an assassination attempt, thanking them for resolutions passed on his behalf: " ... There are no words in which I could adequately express the sense, I entertain, of the kindness, which has been shown to me by my fellow citizens generally during that illness ... "

GLC09021

8 July 1776

Maitland, John, fl. 1776

Autograph letter signed

Title: to the Earl of Lauderdale

British soldier writing from occupied "Staten Island," sends word of Howe's invasion of New York: " ... we ran up to a bay of Long Island where the Rebels thought we were going to Land & were very strong indeed... Our little Army are all now ashore & Cantooned in & around the Island which is a very pretty one ... We expect the Guards & Germains every hour ... "

GLC09022

7 June 1778

Mostyn, Samuel, fl. 1778

Autograph letter signed

Title: to Thomas Pennant

British officer in occupied Philadelphia discusses threats against Loyalists: "Peace is not wish'd at all nor hardly talked of ... The rebels have publish'd a list of Persons whom they mean to threat as Traytors [sic] to the States of America, if they will not give themselves up."

GLC09023

January 19, 1864

Custer, George Armstrong, 1839-1876

Autograph letter signed

Title: to Senator J. M. Howard

Defends against accusations that he was "an opponent to the Lincoln admistration." States that he is against slavery, rumors of his disloyalty bear no truth, and are from "those who want to see me defeated ... I would, and do, favor a war of extermination. I would hang every human being who possesses a drop of rebel blood in their veins whether they be men, women, or children.

GLC09024

19 February 1847

New Hampshire Legislature

Printed document

Title: Resolution of the legislature of New Hampshire, in relation to slavery.

29th Congress, 2d session, Senate document # 154. Resolves that the New Hampshire legislature is firmly against slavery. Printed by Ritchie & Heiss, printers.

GLC00267.119.02

03 March 1847

Massachusetts Legislature

Printed document

Title: Resolves of the legislature of Massachusetts, concerning slavery.

29th Congress, 2d session, Senate document # 219. Resolves that the Massachusetts legislature is opposed to the existence of slavery and the extension of it into new territories.

GLC00267.119.03

January 21, 1841

Alabama. Legislature.

Printed document

Title: Resolutions of the general assembly of Alabama, in relation to the obligations of the States to surrender fugitive slaves from justice.

26th Congress, 2d session, Senate document no. 127. Printed by Blair & Rivers. Concerns the stealing and carrying away of a slave named Atticus by Daniel Philbrook and Edward Kilbron from Georgia to Maine. Maine refused to surrender Philbrook and Kilbron as fugitives from justice. Resolves that states should be required to surrender fugitives from justice from other states according to the U.S. Constitution.

GLC00267.136.01

December 30, 1862

Cohen, Solomon, fl. 1862

Printed document signed

Title: [Printed bill of sale for Washington, an enslaved man]

One printed bill of sale paid by William Jones to Solomon Cohen. Jones paid Cohen $1,505 to enslave a man named Washington.

GLC01445.04

10 June 1864

Brown, Jesse, 1844-1933

Autograph letter signed

Title: to Nen

Sends a piece of a Confederate skull from the Battle of Chancellorsville, as well as a piece of Washington's mother's monument from Fredericksburg. Written from the 5th Maine Battery.

GLC03523.15.09

16 August 1864

Brown, Jesse, 1844-1933

Autograph letter signed

Title: to Emily Brown

Instructs her to direct her letters to him through Washington as they are never in one place for more than three or four days. Asks for $50 because he won't receive any more pay until he is discharged.

GLC03523.15.13

7 February 1778

Martinica, Dominica, fl. 1777-1778

Document signed

Title: [Legal document of privateer from Court of Vice Admiralty of East Florida claiming enslaved people]

One document countersigned by Judge Robert Catherwood of the Court of Vice Admiralty of East Florida dated February 7, 1778. Signed with an "X" as the mark of Lieutenant Dominica Martinico. Document states that Martinico, the commander of the privateer schooner "Recovery," had taken several schooners off the coast of South Carolina during a cruise. Two of these schooners, the "Betsey" and "Grace," held enslaved people. Probably written in St. Augustine.

GLC01411.01