Myer, Isaac (1836-1902) Presidential power over personal liberty. A review of Horace Binney's essay on the writ of habeas corpus.
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Gilder Lehrman Collection #: GLC08599.08 Author/Creator: Myer, Isaac (1836-1902) Place Written: Philadelphia, Pennsylvania Type: Pamphlet Date: 1862 Pagination: 1 v. : 94 p. ; 20.7 x 13.7 cm. Order a Copy
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; that it was not intended to have the meaning Mr. Binney has ascribed to it ..." Cover is missing. Several pages are detached from binding.
Horace Binney, an influential American legal figure, served as a United States Representative from Pennsylvania 1833-1835. In 1861, President Abraham Lincoln suspended the writ of habeas corpus for all military related cases. Suspension of this writ, which is guaranteed by Article I of the United States Constitution, provoked much controversy. Binney's pamphlet, which supported Lincoln's decision, also ignited fierce debate.
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