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Rebellion Record: a Diary of American Events: Documents and Narratives, Volume 2. (ed. Frank Moore) 7 1 Browse Search
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Rebellion Record: a Diary of American Events: Documents and Narratives, Volume 2. (ed. Frank Moore), chapter 62 (search)
orces of the United States. Of his duty to see to the execution of the laws he could have had no doubt, as that is in words imposed by the Constitution itself. Nor could he have had any doubt of his authority and obligation to resort for that purpose to the powers conferred on him by the laws referred to. The meaning of these laws is free from all question, and the constitutionality of the first was long since sanctioned by a unanimous decision of the Supreme Court in the case of Martin and Mott, 12 Wheat. 19, whilst the validity of the last was never drawn into doubt. In that case it was also decided that the President was the sole judge of the facts which would authorize his use of the means provided by these laws, and that his decision was conclusive not only upon the citizens, but upon every branch of the Government, whether Federal or State. In the language of the Court, the authority to decide whether the exigency has arisen belongs exclusively to the President, and that his
Rebellion Record: a Diary of American Events: Documents and Narratives, Volume 2. (ed. Frank Moore), chapter 132 (search)
n, Presented to the De Kalb regiment, N. Y. V., by Miss Pauline A. Witthaus, June, 1861. Among the distinguished guests invited were: Gov. E. D. Morgan, Governor Hamilton Fish, Major-General John A. Dix, Brig.-General Yates, the Union Defence Committee, Colonel Franklin, Hon. George Bancroft, Hon. George Folsom, John Jacob Astor, jr., Abiel A. Low, Hon. Edward Pierrepont, Gen. P. M. Wetmore, Hon. Samuel Sloan, Henry Grinnell, Archibald Russell, Capt. M. Cogswell, Col. M. Lefferts, Dr. Alexander B. Mott, Elie Charlier, G. H. Witthaus, Egbert L. Viele, Col. Maidhoff, Col. Tompkins, Major Eaton, Amos F. Eno, Edward Jones, and others. After the presentation the officers of the regiment and the invited guests were invited into the dining-room of Mr. Witthaus, where a collation was already prepared and partaken of with a good deal of gusto. The festive scene of the occasion was such as will be long remembered by both the donor and recipient. The great interest manifested by Mr. Wi
Rebellion Record: a Diary of American Events: Documents and Narratives, Volume 2. (ed. Frank Moore), chapter 146 (search)
It has been decided by the Supreme Court of the United States that that act is constitutional, and that the President alone is the judge of the question whether the exigency has arisen. This decision was made in the celebrated case of Martin agt. Mott. The opinion of the Court was delivered by Judge Story. Let me read from the opinion of the Court: It has not been denied here that the act of 1795 is within the constitutional authority of Congress, or that Congress may not lawfully provnment of the object. The service is a military service, and the command of a military nature; and in such cases every delay and every obstacle to an efficient and immediate compliance necessarily tend to jeopard the public interests. --Martin vs. Mott, 12 Wheaton's Reports, p. 29. We see, then, that the power is clear as to calling out the militia; we see that we have precedents for the suspension of the writ of habeas corpus. The next objection made is that the President had no power to