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.

Buffalo: 1862. 34pp, printed in double columns, bound in modern plain wrappers. Light tanning, light chipping of foredge of first several leaves [no text loss]. Good+.

Benedict fell victim to War Secretary Stanton's order to "arrest and imprison any person or persons who may be engaged, by act, speech, or writing, in discouraging volunteer enlistments...or in any other disloyal practice against the United States." Stanton also ordered suspension of habeas corpus. Judge Hall held that no authority for the arrest and suspension of the writ existed, as "we are far removed from the several fields of military operations." In other cases that reached the Supreme Court after War's end, Judge Hall's reasoning was sustained. This printing, unlike a more common New York City issue, contains a detailed statement of the case and prints the supporting documentation.
I Harv. Law Cat. 852. Not in McCoy. Item #31502

Price: $375.00

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