(DOWNLOAD) "Ex Parte Vallandigham" by United States Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: Ex Parte Vallandigham
- Author : United States Supreme Court
- Release Date : January 01, 1863
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
In support of the motion for the certiorari, and against the jurisdiction of the military commission, it was urged that the latter was prohibited by the act of March 3d, 1863, for enrolling and calling out the national forces (§ 30, 12 Stat. at Large, 736), as the crimes punishable in it by the sentence of a court-martial or military commission, applied only to persons who are in the military service of the United States, and subject to the articles of war. And also, that by the Constitution itself, § 3, art. 3, all crimes, except in cases of impeachment, were to be tried by juries in the State where the crime had been committed, and when not committed within any State, at such place as Congress may by law have directed; and that the military commission could have no jurisdiction to try the petitioner, as neither the charge against him nor its specifications imputed to him any offence known to the law of the land, and that General Burnside had no authority to enlarge the jurisdiction of a military commission by the General Order No. 38, or otherwise. General Burnside acted in the matter as the general commanding the Ohio Department, in conformity with the instructions for the government of the armies of the United States, approved by the President of the United States, and published by the Assistant Adjutant-General, by order of the Secretary of War, on the 24th of April, 1863.1
 "Ex Parte Vallandigham" by United States Supreme Court " Book PDF Kindle ePub Free){kind=link}