Annual Reports of the Secretary of War, Volume 4

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Page 213 - A pardon reaches both the punishment prescribed for the offense and the guilt of the offender; and when the pardon is full, it releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offense.
Page 210 - Is this duty limited to the enforcement of acts of Congress or of treaties of the United States according to their express terms, or does it include the rights, duties and obligations growing out of the Constitution itself, our international relations, and all the protection implied by the nature of the government under the Constitution?
Page 211 - It is a universal principle that where power or jurisdiction is delegated to any public officer or tribunal over a subject-matter, and its exercise is confided to his or their discretion, the acts so done are binding and valid as to the subject-matter; and individual rights will not be disturbed collaterally for anything done in the exercise of that discretion within the authority and power conferred.
Page 185 - For the purchase of submarine mines and necessary appliances to operate them for closing the channels leading to our principal seaports...
Page 211 - A practical knowledge of the action of any one of the great departments of the government must convince every person that the head of a department, in the distribution of its duties and responsibilities, is often compelled to use his discretion. He is limited in the exercise of his powers by the law ; but it does not follow that he must show a statutory provision for everything he does.
Page 211 - The departments of the government are legislative, executive, and judicial. They are co-ordinate in degree to the extent of the powers delegated to each of them. Each, In the exercise of its powers, is independent of the other, but all, rightfully done by either, is binding upon the others. The constitution is supreme over all of them, because the people who ratified it have made it so; consequently, anything which may be done unauthorized by it is unlawful.
Page 161 - If in a right triangle a perpendicular is drawn from the vertex of the right angle to the hypotenuse : I. The two triangles thus formed are similar to each other and to the whole triangle. II. The perpendicular is a mean proportional between the segments of the hypotenuse.
Page 209 - These provisions show that Congress has the power to provide for the trial and punishment of military and naval offences in the manner then and now practiced by civilized nations; and that the power to do so is given without any connection between it and the 3d article of the Constitution defining the judicial power of the United States; indeed, that the two powers are entirely independent of each other.
Page 210 - shall take care that the laws be faithfully executed," and he is provided with the means of fulfilling this obligation by his authority to commission all the officers of the United States, and, by and with the advice and consent of the Senate, to appoint the most important of them and to fill vacancies.
Page 211 - Court when traveling in bis circuit, and to protect him against assaults or other injury, the general obligation imposed upon the President of the United States by the Constitution to take care that the laws are faithfully executed, and the means placed in his hands, both by the Constitution and the laws of the United States, to enable him to do this, impose upon the executive department the duty of protecting a justice or judge of any of the courts of the United States, when there is just reason...

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