Dominic A. Hall and Louis Louaillier were American political figures who were ordered detained during the War of 1812 under the order of Major General Andrew Jackson in 1815. Hall later put Jackson under investigation and oversaw the trial that led to Jackson being fined.
Upon entering New Orleans in December 1814, Major General Andrew Jackson declared martial law to establish control of the city to defend it from British forces. It was the first such declaration in United States history.
On March 3, 1815, Louisiana State Senator Louis Louaillier wrote an anonymous article in the Louisiana Courier criticizing Andrew Jackson's declaration of martial law and his refusal to release the militia after the British ceded the field of battle. Two days after the article appeared, Louaillier admitted to writing the article, and Jackson ordered Louaillier's arrest.
U.S. District Court Judge Dominic A. Hall signed a writ of habeas corpus on behalf of Louaillier, and Jackson subsequently ordered Hall's arrest as well. [1]
Jackson did not relent his campaign of suppressing dissent until after ordering the arrests of Louaillier, Hall, and John Dick (a lawyer) and after intervention of State Judge Joshua Lewis. [2] [ clarification needed ] Lewis was simultaneously serving under Jackson in the militia, and also signed a separate writ of habeas corpus against Jackson, his commanding officer, seeking Judge Hall's release. [3] [ unreliable source? ][ better source needed ]
Jackson proceeded with a court-martial of Louaillier. Louaillier was later exonerated, but Jackson did not release him from jail. Jackson then released Hall and escorted him beyond the city limits, outside the zone of martial law. Jackson told Hall not to return until the war had officially ended.
Just two days later, Jackson received official word of the Treaty of Ghent and immediately lifted martial law and released all prisoners.
Hall later ordered an investigation of Jackson's actions in New Orleans, and Jackson was brought before the court, overseen by Hall, and was subsequently fined $1,000 for contempt of court, which he paid in full. Jackson's fine was later paid back to him by Congress, with interest, in 1844, to around $2,700. [4] [5]
Habeas corpus is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.
Ex parte Merryman, 17 F. Cas. 144 (No. 9487), is a well-known and controversial U.S. federal court case that arose out of the American Civil War. It was a test of the authority of the President to suspend "the privilege of the writ of habeas corpus" under the Constitution's Suspension Clause, when Congress was in recess and therefore unavailable to do so itself. More generally, the case raised questions about the ability of the executive branch to decline enforcement of judicial decisions when the executive believes them to be erroneous and harmful to its own legal powers.
Ex parte Milligan, 71 U.S. 2 (1866), was a landmark decision of the US Supreme Court that ruled that the use of military tribunals to try civilians when civil courts are operating is unconstitutional. In this particular case, the Court was unwilling to give President Abraham Lincoln's administration the power of military commission jurisdiction, part of the administration's controversial plan to deal with Union dissenters during the American Civil War. Justice David Davis, who delivered the majority opinion, stated that "martial rule can never exist when the courts are open" and confined martial law to areas of "military operations, where war really prevails", and when it was a necessity to provide a substitute for a civil authority that had been overthrown. Chief Justice Salmon P. Chase and three associate justices filed a separate opinion concurring with the majority in the judgment, but asserting that Congress had the power to authorize a military commission, although it had not done so in Milligan's case.
John Merryman of Baltimore County, Maryland, was arrested in May 1861 and held prisoner in Fort McHenry in Baltimore and was the petitioner in the case "Ex parte Merryman" which was one of the best known habeas corpus cases of the American Civil War (1861–1865). Merryman was arrested for his involvement in the mob in Baltimore, specifically for his leadership in the destruction of telegraph lines, but was not charged, a right normally ensured by the writ of habeas corpus. The case was taken up by the federal circuit court and its current presiding judge who happened to be Chief Justice Roger B. Taney, a Democrat-leaning Marylander.
Bushel’s Case (1670) 124 E.R. 1006, also spelled Bushell's Case, is a famous English decision on the role of juries. It established beyond question the independence of the jury. It also confirmed that the Court of Common Pleas could issue a writ of habeas corpus in ordinary criminal cases.
Eligius Fromentin was an American politician.
Lambdin Purdy Milligan was an American lawyer and farmer who was the subject of Ex parte Milligan 71 U.S. 2 (1866), a landmark case by the Supreme Court of the United States. He was known for his extreme opinions on states' rights and his opposition to the Lincoln administration's conduct of the American Civil War.
In United States law, habeas corpus is a recourse challenging the reasons or conditions of a person's confinement under color of law. A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into those reasons or conditions. The Suspension Clause of the United States Constitution specifically included the English common law procedure in Article One, Section 9, clause 2, which demands that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."
Philippine habeas corpus cases are cases decided by the Supreme Court of the Philippines, which invoke the writ of habeas corpus.
Boumediene v. Bush, 553 U.S. 723 (2008), was a writ of habeas corpus submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba. Guantánamo Bay is not formally part of the United States, and under the terms of the 1903 lease between the United States and Cuba, Cuba retained ultimate sovereignty over the territory, while the United States exercises complete jurisdiction and control. The case was consolidated with habeas petition Al Odah v. United States. It challenged the legality of Boumediene's detention at the United States Naval Station military base in Guantanamo Bay, Cuba as well as the constitutionality of the Military Commissions Act of 2006. Oral arguments on the combined cases were heard by the Supreme Court on December 5, 2007.
Moyer v. Peabody, 212 U.S. 78 (1909), is a decision by the United States Supreme Court which held that the governor and officers of a state National Guard, acting in good faith and under authority of law, may imprison without probable cause a citizen of the United States in a time of insurrection and deny that citizen the right of habeas corpus.
The Kirk–Holden war was a police operation taken against the white supremacist Ku Klux Klan organization by the government in the state of North Carolina in the United States in 1870. The Klan was using murder and intimidation to prevent recently freed slaves and members of the Republican Party from exercising their right to vote in the aftermath of the American Civil War. Following an increase in Klan activity in North Carolina—including the murder of a black town commissioner in Alamance County and the murder of a Republican state senator in Caswell County—Republican Governor of North Carolina William W. Holden declared both areas to be in a state of insurrection. In accordance with the Shoffner Act, Holden ordered a militia be raised to restore order in the counties and arrest Klansmen suspected of violence. This resulted in the creation of the 1st and 2nd North Carolina Troops, which Holden placed under the overall command of Colonel George Washington Kirk.
Dominic Augustin Hall was chief justice of the Louisiana Supreme Court, the Chief United States Circuit Judge of the United States Circuit Court for the Fifth Circuit and a United States District Judge of the United States District Court for the District of Orleans and the United States District Court for the District of Louisiana.
Charles Andrew O'Connor, was an Irish judge who served as a Judge of the Supreme Court from 1924 to 1925. His judgment in a habeas corpus case of R. (Egan) v. Macready is still influential.
The Habeas Corpus Suspension Act, 12 Stat. 755 (1863), entitled An Act relating to Habeas Corpus, and regulating Judicial Proceedings in Certain Cases, was an Act of Congress that authorized the president of the United States to suspend the right of habeas corpus in response to the American Civil War and provided for the release of political prisoners. It began in the House of Representatives as an indemnity bill, introduced on December 5, 1862, releasing the president and his subordinates from any liability for having suspended habeas corpus without congressional approval. The Senate amended the House's bill, and the compromise reported out of the conference committee altered it to qualify the indemnity and to suspend habeas corpus on Congress's own authority. Abraham Lincoln signed the bill into law on March 3, 1863, and suspended habeas corpus under the authority it granted him six months later. The suspension was partially lifted with the issuance of Proclamation 148 by Andrew Johnson, and the Act became inoperative with the end of the Civil War. The exceptions to his Proclamation 148 were the States of Virginia, Kentucky, Tennessee, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Arkansas, and Texas, the District of Columbia, and the Territories of New Mexico and Arizona.
United States ex rel. Murphy v. Porter, 2 Hawy. & H. 394, 27 F. Cas. 599, was a case decided by the United States Circuit Court for the District of Columbia in October 1861.
Martial law in the United States refers to times in United States history in which in a region, state, city, or the whole United States was placed under the control of a military body. On a national level, both the US President and the US Congress have the power, within certain constraints, to impose martial law since both can be in charge of the militia. In each state, the governor has the power to impose martial law within the borders of the state. In the United States, martial law has been used in a limited number of circumstances, such as New Orleans during the Battle of New Orleans; after major disasters, such as the Great Chicago Fire of 1871, the 1906 San Francisco earthquake, or during riots, such as the Omaha race riot of 1919 or the 1920 Lexington riots; local leaders declared martial law to protect themselves from mob violence, such as Nauvoo, Illinois, during the Illinois Mormon War, or Utah during the Utah War; or in response to chaos associated with protests and rioting, such as the 1934 West Coast waterfront strike, in Hawaii after the Japanese attack on Pearl Harbor, and during the Civil Rights Movement in response to the Cambridge riot of 1963.
The Movement of Concerned Citizens for Civil Liberties (MCCCL) is an advocacy coalition in the Philippines which was first formed under the leadership of Jose W. Diokno in 1971, as a response to the suspension of the Writ of Habeas Corpus in the wake of the Plaza Miranda bombing. It became well known for the series of rallies which it organized from 1971–72, especially the most massive one on 21 September 1972, hours before the imposition of martial law by the Marcos dictatorship.
Martial law in Pierce County in the Washington Territory was declared on April 3, 1856 and terminated the following month. It led to a brief, but bloodless, armed conflict between conscripted forces of the Sheriff of Pierce County and the de facto personal army of the territory's leader, Isaac Stevens.
Joseph Francis McLaughlin was a United States district judge of the United States District Court for the District of Hawaii in the Territory of Hawaii.
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