The War Powers of the General Government, Etc

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Henry Polkinhorn, 1861 - United States - 24 pages
 

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Page 7 - On earth they have no common superior. They stand, therefore, in precisely the same predicament as two nations who engage in a contest, and, being unable to come to an agreement, have recourse to arms.
Page 7 - When a party is formed in a State who no longer obey the sovereign, and are possessed of sufficient strength to oppose him — or when, in a Republic, the nation is divided into two opposite factions, and both sides take up arms — this is called a civil war.
Page 20 - Now, allegiance is nothing more than the tie or duty of obedience of a subject to the sovereign under whose protection he is ; and allegiance by birth, is that which arises from being born within the dominions and under the protection of a particular, sovereign. Two things usually concur to create citizenship; first, birth locally within the dominions of the sovereign ; and secondly...
Page 8 - Every man is, in judgment of law, a party to .the acts of bf^s*bj™ his own government, and a war between the governments of two nations is a war between all the individuals of the one and all the individuals of which the other nation is composed.
Page 9 - the power to coin money, regulate the value thereof, and of foreign coins, and to fix the standard of weights and measures, — to provide for the punishment of counterfeiting the securities and current coin of the United States ; to provide for calling forth the militia, to suppress insurrections and repel invasions ; to provide for organizing, arming and disciplining the militia, and for governing such parts of them as may be employed in the service of the United States ; reserving to the States,...
Page 7 - The [ 425 ] sovereign, indeed, never fails to bestow the appellation of rebels on all such of his subjects as openly resist him : but, when the latter have acquired sufficient strength to give him effectual opposition, and to oblige him to carry on the war against them according to the established rules, he must necessarily submit to the use of the term "civil war.
Page 7 - breaks the bands of society and government, or at least suspends their force and effect ; it produces in the nation two independent parties, who consider each other as enemies, and acknowledge no common judge. Those two parties, therefore, must necessarily be considered as constituting, at least for a time, two separate bodies, two distinct societies.
Page 8 - When war is duly declared," says Chancellor Kent, (1 — 63) " it is not merely a war between this and the adverse government in their political characters. Every man is, in judgment of law, a party to the acts of his own government, and a war between the governments of two nations, is a war between all the individuals of the one, and all the individuals of •which the other nation is composed.
Page 7 - Those two parties, therefore, must necessarily be considered as thenceforward constituting, at least for a time, two separate bodies, two distinct societies. Though one of the parties may have been to blame In breaking the unity of the State and resisting the lawful authority, they are not the less divided In fact.
Page 18 - To provide and maintain a navy; To make rules for the government and regulations of the land and naval forces...

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