Page:Suspension of Habeas Corpus during the War of the Rebellion.djvu/32

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No. 3.]
485
SUSPENSION OF HABEAS CORPUS.

has a right to live and every government thinks it has a right to live. Every man when driven to the wall by a murderous assailant will override all laws to protect himself, and this is called the great right of self-defence. So every government, when driven to the wall by a rebellion, will trample down a constitution before it will allow itself to be destroyed. This may not be constitutional law, but it is fact.

Sydney G. Fisher.



List of Pamphlets, etc., on the Habeas Corpus Question, Published during the War.

1. Decision of Chief Justice Taney in the Merryman case, upon the Writ of Habeas Corpus, published by authority, Philadelphia, John Campbell, Bookseller, 419 Chestnut St., 1862. (Same reported in Taney, 246.)

2. Habeas Corpus. The proceedings in the case of John Merryman of Baltimore County, Maryland, before the Hon. Roger Brooke Taney, Chief Justice of the Supreme Court of the United States, Baltimore. Published by Lucas Brothers, 170 Baltimore St., 1861.

3. Suspension of the Writ of Habeas Corpus. Letter from Attorney General transmitting his opinion. Printed by order of House of Representatives.

4. The Privilege or the Writ of Habeas Corpus under the Constitution. Second Edition, Philadelphia; C. Sherman & Son, Printers, 1861. By Horace Binney.

5. Second Part. The Privilege of the Writ of Habeas Corpus under the Constitution. Philadelphia, John Campbell, Publisher, 419 Chestnut St., 1862. By Horace Binney.

6. Third Part. The privilege of the Writ of Habeas Corpus under the Constitution, Philadelphia. Sherman & Co., Printers, 1865. By Horace Binney.

7. A review of the Argument of President Lincoln and Attorney General Bates in favor of the Presidential Power to suspend the Privilege of the Writ of Habeas Corpus. By S. S. Nicholas of Louisville, Ky. Printed by Bradley & Gilbert, Cor. First and Market Sts., 1861.

8. Habeas Corpus. A Response to Mr. Binney, by S. S. Nicholas, Louisville. Printed by Bradley & Gilbert, 1862.

9. Martial Law. By S. S. Nicholas, part of a pamphlet first published in l842 over the signature of A Kentuckian. Philadelphia, John Campbell. Bookseller, 419 Chestnut St., 1862.

10. A Review of Mr. Binney's Pamphlet on "The Privilege of the Writ of Habeas Corpus under the Constitution." By J. C. Bullitt. Philadelphia, John Campbell. Publisher, 419 Chestnut St., 1862.

11. Remarks on Mr. Binney's Treatise on the Writ of Habeas Corpus.