. Niles' national register, containing political, historical, geographical, scientifical, statistical, economical, and biographical documents, essays and facts : together with notices of the arts and manufactures, and a record of the events of the times . detaining the slioiild claim to try and execute him bv martiallaw which is not tolerated even in Ihe realm ofEngland nor in any counlry except where despotismreigns. We are not without the lights of judicialconstruction on this point. In the case of liollmanand Swartwout (4 Cranch, and 2 Cond. Rep. of Supcourt 47) the supreme cour


. Niles' national register, containing political, historical, geographical, scientifical, statistical, economical, and biographical documents, essays and facts : together with notices of the arts and manufactures, and a record of the events of the times . detaining the slioiild claim to try and execute him bv martiallaw which is not tolerated even in Ihe realm ofEngland nor in any counlry except where despotismreigns. We are not without the lights of judicialconstruction on this point. In the case of liollmanand Swartwout (4 Cranch, and 2 Cond. Rep. of Supcourt 47) the supreme court so decided on a motionfor a habeas corpus, and judge Marshall said: If atany lime the public safety should require the sus-pension of the powers vested by this act in Ihe courtsof the United Stales, it is for the legislature to sayso. I he question depends on political considerations,on which the legislature is to decide. Until Ihe le-gislative will be expressed, this court can only .seelis duty and must obey the laws. This doctrine istul y recognised by the supreme court of Louisiana;n the case before referred to. They declare theIdea to bo frepostemis that a military commander NILES^NATIONAL REGISTER-MAUCII ?r,. i843-ni:\. JACKSOX AM) THE FINE. fcire ^*^- ii 1^ liui im: oiispri ^ .. , _ fucias, hnbrascorpus, nnd all oilier wrils not specially ! l«<hnicalltv, of jiullcial (isiirpalion, or of profensitin-provided for by sUlule, wliicli mav lie rieees^ary for bigotry. [I is a very aiirienl dortrine, loiii\de<l onthe exercise of llicir reFpcetire jiirisdictinns, and i f n sense, and probably coeval witli the organ-a^jreeable to the principles and usages of law; and [^• ol^^N*^<. whose existence andeither of the jiislicci of the supremo , as well aiminislralion it is indispensable. In Anderson andas the judges of the district courts, may grat writs ^- (6 Whealon) case, the supreme court saidof habeas corpus for the purpose of inquiring into the I ^ courts of jus


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Keywords: ., bookauthornileshezekiah17771839, bookcentury1800, bookdecade1810