Excerpt from Executive Usurpation: Speech of Hon. James A. Bayard, of Delaware, in the Senate of the United States, July 19, 1861 Mr. President, what is the rule as among nations '1 During our last war with Great Britain, she had possession of a portion of our territory in the State of Maine, Eastport and the surrounding country. The Courts of the United States decided that the laws of the United States were suspended within that territory in the possession of a foreign enemy during the time that it was so in their actual ...
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Excerpt from Executive Usurpation: Speech of Hon. James A. Bayard, of Delaware, in the Senate of the United States, July 19, 1861 Mr. President, what is the rule as among nations '1 During our last war with Great Britain, she had possession of a portion of our territory in the State of Maine, Eastport and the surrounding country. The Courts of the United States decided that the laws of the United States were suspended within that territory in the possession of a foreign enemy during the time that it was so in their actual possession; and precisely theb same principle applies to civil war that the laws of the United States are suspended where the possession is in the party at war With the Government - call them by What name you please rebels; revolutionists, or enemies. The doctrine in England always was, that the laws were suspended, the habeas corpus act and all; within that portion of the territory where the king's court could not be opened. I do not deny that the President may exercise military powers there; but I deny that in the States which belong to the Union, in which the courts are open, in which justice can be administered between man and man, the military can be made predominant over the civil power, either by Congress or by the President, Without a gross violation of the Constitution. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at ... This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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