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C. Edwards Lester, Life and public services of Charles Sumner: Born Jan. 6, 1811. Died March 11, 1874., Section Fifth: Senatorial career. (search)
igencer, June 15, 1818.) But this provision has been repeatedly discussed by the Supreme Court, so that its meaning is not open to doubt. Three conditions are necessary. First, the proceedings must be a suit; secondly, at common law; and thirdly, where the value in controversy exceeds twenty dollars. In every such case the right of Trial by Jury shall be preserved. The decisions of the Supreme Court expressly touch each of these points. First. In the case of Cohens v. Virginia (6 Wheaton, 407), the Court say: What is a suit? We understand it to be the prosecution of some claim, demand or request. Of course, then, the claim for a fugitive must be a suit. Secondly. In the case of Parsons v. Bedford (3 Peters, 456), while considering this very clause, the Court say: By common law is meant not merely suits which the common law recognized among its old and settled proceeding, but suits in which legal rights were to be ascertained and determined. In a just sense, the Amendme
C. Edwards Lester, Life and public services of Charles Sumner: Born Jan. 6, 1811. Died March 11, 1874., Xvi. (search)
igencer, June 15, 1818.) But this provision has been repeatedly discussed by the Supreme Court, so that its meaning is not open to doubt. Three conditions are necessary. First, the proceedings must be a suit; secondly, at common law; and thirdly, where the value in controversy exceeds twenty dollars. In every such case the right of Trial by Jury shall be preserved. The decisions of the Supreme Court expressly touch each of these points. First. In the case of Cohens v. Virginia (6 Wheaton, 407), the Court say: What is a suit? We understand it to be the prosecution of some claim, demand or request. Of course, then, the claim for a fugitive must be a suit. Secondly. In the case of Parsons v. Bedford (3 Peters, 456), while considering this very clause, the Court say: By common law is meant not merely suits which the common law recognized among its old and settled proceeding, but suits in which legal rights were to be ascertained and determined. In a just sense, the Amendme
C. Edwards Lester, Life and public services of Charles Sumner: Born Jan. 6, 1811. Died March 11, 1874., Section Eighth: the war of the Rebellion. (search)
Havana, where, under a neutral flag, they might get conveyance to Europe. They took passage in the Trent, bound from Havana to St. Thomas, from which island a regular line of British steamers ran to England. In Mr. Richard H. Dana's notes to Wheaton's Elements of International Law, he says of the envoys: Their character and destination were well known to the agent and master of the Trent, as well as the great interest felt by the Rebels that they should, and by the United States officials tust govern. Would you know, inquires Mr. Sumner, the extent of these powers that must be conceded to Congress? He gives the following answer: They will be found in the authoritative texts of Public Law,—in the works of Grotius, Vattel, and Wheaton. They are the powers conceded by civilized society to nations at war, known as the Rights of War, at once multitudinous and minute, vast and various. It would be strange, if Congress could organize armies and navies to conquer, and could not a
C. Edwards Lester, Life and public services of Charles Sumner: Born Jan. 6, 1811. Died March 11, 1874., Xxii. (search)
ain a recognition of the Southern Confederacy as an independent State, if possible; or in any event, the recognition of the Southern States as belligerents. The Rebel ports being under strict blockade, they could cross the Atlantic only by reaching Havana, where, under a neutral flag, they might get conveyance to Europe. They took passage in the Trent, bound from Havana to St. Thomas, from which island a regular line of British steamers ran to England. In Mr. Richard H. Dana's notes to Wheaton's Elements of International Law, he says of the envoys: Their character and destination were well known to the agent and master of the Trent, as well as the great interest felt by the Rebels that they should, and by the United States officials that they should not, reach their destination in safety. As passengers, they were now on the high seas. Within a few hours' sail of Nassau, the Trent was stopped and searched by the United States war vessel San Facinto, commanded by Captain Wilkes
C. Edwards Lester, Life and public services of Charles Sumner: Born Jan. 6, 1811. Died March 11, 1874., Lxiii. (search)
s, was a War Power, and that was a Congressional Power; for among its prerogatives, the Constitution clearly enumerates to declare war, suppress insurrections, and support armies. It is Congress that conquers, and the same authority that conquers, must govern. Would you know, inquires Mr. Sumner, the extent of these powers that must be conceded to Congress? He gives the following answer: They will be found in the authoritative texts of Public Law,—in the works of Grotius, Vattel, and Wheaton. They are the powers conceded by civilized society to nations at war, known as the Rights of War, at once multitudinous and minute, vast and various. It would be strange, if Congress could organize armies and navies to conquer, and could not also organize governments to protect. De Tocqueville, who saw our institutions with so keen an eye, remarked, that, since, in spite of all political fictions, the preponderating power resided in the State governments, and not in the National Govern