 We are all of opinion that the authority to decide whether the exigency has arisen belongs exclusively to the president, and that his decision is conclusive upon all other persons.  Memoirs of John Adams Dix - Seite 331von Morgan Dix - 1883Vollansicht - Über dieses Buch
 | United States. Supreme Court - 1827 - 682 Seiten
...militia-man who shall refuse Martin jo ODev the orders of the President? We are all of opiMott. nion, that the authority to decide whether the exigency...his decision is conclusive upon all other persons. We think that this construction necessarily results from the nature of the power itself, and from the... | |
 | Joseph Story - 1833 - 782 Seiten
...Supreme Court of the United States for a judicial decision; and it was then unanimously determined, that the authority to decide, whether the exigency...his decision is conclusive upon all other persons. The court said, that this construction necessarily resulted from the nature of the power itself, and... | |
 | Bela Bates Edwards - 1833 - 892 Seiten
...Supreme Court of the United States for a judicial decision, and it was then unanimously determined, that the authority to decide, whether the exigency...his decision is conclusive upon all other persons." The principle maintained by Mr. Webster in his reply to Mr. Hayne, and which is more fully developed... | |
 | Joseph Story - 1833 - 800 Seiten
...Supreme Court of the United States for a judicial decision ; and it was then unanimously determmed, that the authority to decide, whether the exigency has arisen, belongs exclusively to the president; i Martin v. Molt, 12 Wheat. R. 19, 29, 30. a See Houston v. Moore, 5 Wheat R. 37. 3 1 Kent's Cotnm.... | |
 | Kentucky, Charles Slaughter Morehead, Mason Brown - 1834 - 810 Seiten
...contemplated in the constitution and the act of congress of 1795, have arisen, is exclusively vested in the President, and that his decision is conclusive upon all other persons.' — , Martin v. Molt, 12 Wheat. 19. ( o ) Militia men drafted, detached and called forth by the President,... | |
 | John Marshall - 1839 - 762 Seiten
...contested by every militia-man who shall refuse to obey the orders of the president ? We are all of opinion that the authority to decide whether the exigency...his decision is conclusive upon all other persons. We think that this construction necessarily results from the nature of the power itself, and from the... | |
 | William Blackstone, George Sharswood - 1860 - 874 Seiten
...the attempt and danger of invasion, as the necessary and proper means to effectuate the object, and that the authority to decide whether the exigency...his decision is conclusive upon all other persons. This construction necessarily results from the nature of the power itself, and from the manifest object... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1861 - 590 Seiten
...United States to call forth such number of the militia," &c. The Court say : " We are all of opinion that the authority to decide whether the exigency...his decision is conclusive upon all other persons." The same point was decided in Vanderhayden v. Young. The case of Bolts v. Bagley, is closely analogous.... | |
 | Joseph Reed Ingersoll - 1861 - 52 Seiten
...ordinary course of judicial proceedings," &c. Under this law, it has been decided by the Supreme Court, that the authority to decide whether the exigency has arisen belongs exclusively to the President. The exigency provided for is about as great in the one case as the other ; and no greater stretch of... | |
 | Joseph Reed Ingersoll - 1861 - 92 Seiten
...ordinary course of judicial proceedings," &c. Under this law, it has been decided by the Supreme Court, that the authority to decide whether the exigency has arisen belongs exclusively to the President. The exigency provided for is about as great in the one case as the other ; and no greater stretch of... | |
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