The War Powers of the President: And the Legislative Powers of Congress in Relation to Rebellion, Treason and Slavery

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John L. Shorey, 1862 - Executive power - 143 pages

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Page 124 - State, and shall be returned as there shall be occasion for them, from such parts of the district from time to time as the Court shall direct, so as shall be most favorable to an impartial trial, and so as not to incur an unnecessary expense or unduly to burthen the Citizens of any part of the district with such services.
Page 133 - And when the senators and representatives of a State are admitted into the councils of the Union, the authority of the government under which they are appointed, as well as its republican character, is recognized by the proper constitutional authority. And its decision is binding on every other department of the government, and could not be questioned in a judicial tribunal.
Page 32 - necessary" was used in that strict and rigorous sense for which the counsel for the State of Maryland contend, it would be an extraordinary departure from the usual course of the human mind, as exhibited in composition, to add a word, the only possible effect of which is to qualify that strict and rigorous meaning...
Page 34 - That, for example, of raising revenue and applying it to national purposes, is admitted to imply the power of conveying money from place to place, as the exigencies of the nation may require, and of employing the usual means of conveyance.
Page 61 - Respecting the power of government no doubt is entertained. That war gives to the sovereign full right to take the persons and confiscate the property of the enemy wherever found is conceded. The mitigations of this rigid rule, which the humane and wise policy of modern times has introduced into practice, will more or less affect the exercise of this right, but can not impair the right itself.
Page 133 - Under this article of the Constitution it rests with Congress to decide what government is the established one in a State ; for as the United States guarantee to each State a republican government, Congress must necessarily decide what government is established in the State before it can determine whether it is republican or not.
Page 77 - Sir, they must and will interfere with it — perhaps to sustain it by war, perhaps to abolish it by treaties of peace ; and they will not only possess the constitutional power so to interfere, but they will be bound in duty to do it, by the express provisions of the constitution itself. From the instant that your slaveholding States become the theatre of...
Page 51 - Brown ;" and the Circuit Court of the United States at Boston, decided, as upon a settled rule of the law of nations, that the goods of the enemy found in the country, and all the vessels and cargoes found afloat in our ports, at the commencement of hostilities, were liable to seizure and confiscation, and the exercise of the right vested in the discretion of the sovereign of the nation.
Page 132 - States declares that the United States shall guarantee to every state in the Union a republican form of government...
Page 33 - And unless it can be shown that the circumstances which may affect the public safety are reducible within certain determinate limits ; unless the contrary of this position can be fairly and rationally disputed, it must be admitted, as a necessary consequence, that there can be no limitation of that authority which is to provide for the defence and protection of the community, in any matter essential to its efficacy — that is, in any matter essential to the formation, direct1on, or support of the...

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