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Browsing named entities in a specific section of The Daily Dispatch: December 10, 1860., [Electronic resource]. Search the whole document.

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United States (United States) (search for this): article 1
the opinion of the Attorney General of the United States, the legal adviser of the Government, uponnd authority between the Government of the United States and of any State. It will be send to contich and the means by which the laws of the United States can be enforced within the jurisdiction of many cases. I need only refer you to the United States vs. Booth, where the present Chief Justiceothers. For instance, the revenues of the United States are to be collected in a certain way, at cd paid for. Besides, the Government of the United States is authorized by the Constitution (Art. 1o take possession of any land to which the United States had title, though they had never occupied be called forth "whenever the laws of the United States shall be opposed or the execution thereof acknowledgment that the Government of the United States is supreme. The States are colleagues of ons. I am, very respectfully, yours, &c., J. S. Black. To the President of the United States. [7 more...]
Harper's Ferry (West Virginia, United States) (search for this): article 1
title, though they had never occupied it before, though a private party claimed and held it, and though it was not then needed nor proposed to be used for any purpose connected with the operations of the Government. This may have been a stretch of the Executive power; but the right of retaking public property in which the Government has been carrying on its lawful business, and from which its officers have been unlawfully thrust out, cannot well be doubted; and when it was exercised at Harper's Ferry in October, 1859, every one acknowledged the legal justice of it. I come now to the point in your letter which is probably of the greatest practical importance. By the act of 1807 you may employ such parts of the land and naval forces as you shall judge necessary for the purpose of causing the laws to be duly executed, in all cases where it is lawful to use the militia for the same purpose. By the act of 1795 the militia may be called forth "whenever the laws of the United States
D. F. Booth (search for this): article 1
a State, because the laws of the United States are supreme and binding only so far as they are passed in pursuance of the Constitution. I do not say what might be effected by mere revolutinary force. I am speaking of legal and constitutional right. This is the view always taken by the Judiciary, and so universally adopted that the statement of it may seem common place. The Supreme Court of the United States has declared it in many cases. I need only refer you to the United States vs. Booth, where the present Chief Justice, expressing the unanimous opinion of himself and all his brethren, enunciated the doctrine in terms so clear and full that any further demonstration of it can scarcely be required. The duty which these principles devolve not only upon every officer, but every citizen, is that which Mr. Jefferson expressed so compendiously in his first inaugural, namely, "to support the State Governments in all their rights, as the most competent administrations for their
J. S. Black (search for this): article 1
onstitutional vigor, by repelling a direct and positive aggression upon its property or its officers, cannot be denied. But this is a totally different thing from an offensive war to punish the people for the political misdeeds of their State Government, or to prevent a threatened violation of the Constitution, or to enforce an acknowledgment that the Government of the United States is supreme. The States are colleagues of one another, and if some of them shall conquer the rest and hold them as subjugated provinces, it would totally destroy the whole theory upon which they are now connected. If this view of the subject be as correct as I think it is, then the Union must utterly perish at the moment when Congress shall arm one part of the people against another for any purpose beyond that of merely protecting the General Government in the exercise of its proper constitutional functions. I am, very respectfully, yours, &c., J. S. Black. To the President of the United States.
Joseph Jefferson (search for this): article 1
and all his brethren, enunciated the doctrine in terms so clear and full that any further demonstration of it can scarcely be required. The duty which these principles devolve not only upon every officer, but every citizen, is that which Mr. Jefferson expressed so compendiously in his first inaugural, namely, "to support the State Governments in all their rights, as the most competent administrations for their domestic concerns, and the surest bulwarks against anti-republican tendencies," an owner's rights is plainer than another, it is that of keeping exclusive possession and repelling intrusion.--The right of defending the public property includes also the right of recapture after it has been unlawfully taken by another. President Jefferson held the opinion, and acted upon it, that he could order a military force to take possession of any land to which the United States had title, though they had never occupied it before, though a private party claimed and held it, and though
October, 1859 AD (search for this): article 1
y had never occupied it before, though a private party claimed and held it, and though it was not then needed nor proposed to be used for any purpose connected with the operations of the Government. This may have been a stretch of the Executive power; but the right of retaking public property in which the Government has been carrying on its lawful business, and from which its officers have been unlawfully thrust out, cannot well be doubted; and when it was exercised at Harper's Ferry in October, 1859, every one acknowledged the legal justice of it. I come now to the point in your letter which is probably of the greatest practical importance. By the act of 1807 you may employ such parts of the land and naval forces as you shall judge necessary for the purpose of causing the laws to be duly executed, in all cases where it is lawful to use the militia for the same purpose. By the act of 1795 the militia may be called forth "whenever the laws of the United States shall be opposed
1833 AD (search for this): article 1
of entry for the district — the right he had before — but it widened his authority so as to allow the removal of it to any port or harbor within the whole district. The enactment of that law and the limitation of it to a certain period of time now past, is not, therefore, an argument against the opinion above expressed that you can now, if necessary, order the duties to be collected on board a vessel inside of any established port of entry. Whether the first and fifth sections of the act of 1833, both of which were made temporary by the eighth section, should be re-enacted, is a question for the legislative department. Your right to take such measures as may seem to be necessary for the protection of the public property is very clear. Its results from the proprietary rights of the Government as owner of the forts, arsenals, magazines, dock-yards, navy-yards, custom-houses, public ships, and other property which the United States have bought, built, and paid for. Besides, the Go
November 20th, 1860 AD (search for this): article 1
the questions involved in cases of disputed jurisdiction and authority between the Government of the United States and of any State. It will be send to contain the legal defence of the positions assumed by the President in so much of his. Message as relates to the attempted secession of any State from the Union, and the degree to which and the means by which the laws of the United States can be enforced within the jurisdiction of such seceding State: Attorney General's Office. November 20, 1860. Sir: I have had the honor to receive your note of the 17th, and I now reply to the grave questions therein propounded as fully as the time allowed me will permit. Within their respective spheres of action the Federal Government and the Government of a State are both of them independent and supreme, but each is utterly powerless beyond the limits assigned to it by the Constitution.--If Congress would attempt to change the law of descents, to make a new rule of personal succes
March 2nd, 1833 AD (search for this): article 1
vessels may arrive and discharge or take in their cargoes. It comprehends the city or town which is occupied by the mariners, merchants and others who are engaged in the business of importing and exporting goods, navigating the ships, and furnishing them with provisions. It includes also so much of the water adjacent to the city as is usually occupied by vessels discharging or receiving their cargoes, or lying at anchor and waiting for that purpose. The first section of the act of March 2, 1833, authorized the President in a certain contingency to direct that the custom-house for any collection district be established and kept in any secure place within some port or harbor of such district, either upon land or on board any vessel. But this provision was temporary, and expired at the end of the session of Congress next afterwards. It conferred upon the Executive a right to remove the site of the custom-house, not merely to any secure place within the legally established port of
1795 AD (search for this): article 1
y the act of 1807 you may employ such parts of the land and naval forces as you shall judge necessary for the purpose of causing the laws to be duly executed, in all cases where it is lawful to use the militia for the same purpose. By the act of 1795 the militia may be called forth "whenever the laws of the United States shall be opposed or the execution thereof obstructed in any State by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powerhether the exigency has arisen which requires the use of military force; and in proportion to the magnitude of that responsibility will be his care not to overstep the limits of his legal and just authority. The laws referred to in the act of 1795 are manifestly those which are administered by the judges and executed by the ministerial officers of the courts for the punishment of crime against the United States, for the protection of rights claimed under the Federal Constitution and laws, a
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