raiha
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- Nov 15, 2007
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- 3,162
Upon the whole, after the most careful consideration of this case which the pressure of other duties has admitted, I am compelled to the conclusion that no civil war existed between this Government and the States in insurrection till recognized by the Act of Congress 13th of July, 1861; that the President does not possess the power under the Constitution to declare war or recognize its existence within the meaning of the law of nations, which carries with it belligerent rights, and thus change the country and all its citizens from a state of peace to a state of war; that this power belongs exclusively to the Congress of the United States, and, consequently, that the President had no power to set on foot a blockade under the law of nations, and [67 U.S. 635, 699] that the capture of the vessel and cargo in this case, and in all cases before us in which the capture occurred before the 13th of July, 1861, for breach of blockade, or as enemies' property, are illegal and void, and that the decrees of condemnation should be reversed and the vessel and cargo restored.
Mr. Chief Justice TANEY, Mr. Justice CATRON and Mr. Justice CLIFFORD, concurred in the dissenting opinion of Mr. Justice Nelson.
How many people know that Lincoln got into such a rage with Chief Justice Taney for opposing his dirty little war based on nothing honourable (just a Whig agenda including centralization of banks and federal power ie profits)that he issued a warrant for his arrest. He was finally talked out of it by his lawyer. Nice huh, an 80 year old Chief Justice of the Supreme Court into the slammer, but hey, he'd thrown thousands of newsmen and editors and dissidents into klink by then so no worries!]
Mr. Chief Justice TANEY, Mr. Justice CATRON and Mr. Justice CLIFFORD, concurred in the dissenting opinion of Mr. Justice Nelson.
How many people know that Lincoln got into such a rage with Chief Justice Taney for opposing his dirty little war based on nothing honourable (just a Whig agenda including centralization of banks and federal power ie profits)that he issued a warrant for his arrest. He was finally talked out of it by his lawyer. Nice huh, an 80 year old Chief Justice of the Supreme Court into the slammer, but hey, he'd thrown thousands of newsmen and editors and dissidents into klink by then so no worries!]