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" ... rather of policy than of law. The rule which we apply to the property of our enemy, will be applied by him to the property of our citizens. Like all other questions of policy, it is proper for the consideration of a department which can modify it... "
Reports of Cases Argued and Adjudged in the Supreme Court of the United States - Page 127
by United States. Supreme Court - 1816
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Reports of Decisions in the Supreme Court of the United States ..., Volume 3

United States. Supreme Court, Benjamin Robbins Curtis - 1855 - 704 pages
...consideration of a department which can modify it at will ; not for the consideration of a department which can pursue only the law as it is written. It...the legislature, and that the legislature has not yet declared its will to confiscate property which was within our territory at the declaration of war....
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Elements of International Law

Henry Wheaton, William Beach Lawrence - 1855 - 938 pages
...; not for the consideration of a department which can pursue only the law as it is written. It was proper for the consideration of the legislature, not of the executive or judiciary. It appeared to the Court that the power of confiscating enemy's property was in the legislature, and that...
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The Constitutionality and Expediency of Confiscation Vindicated: Speech of ...

Lyman Trumbull - 1862 - 28 pages
...consideration of a department which can modify it at will, not for the consideration of a department which can pursue only the law as it is written. It...the legislature, and that the legislature has not yet declared its will to confiscate property which was within our territory at the declaration of war."...
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Proceedings of the Annual Session of the Bar Association of Tennessee

Tennessee Bar Association - 1914 - 1764 pages
...consideration of a department which can modify «• at >vill; not for the consideration of a department -which can pursue only the law as it is written. It...the legislature, not of the executive or judiciary." As to private property at sea, however, there has been no relaxation of the right of confiscation,...
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Supreme Court Reporter, Volume 20

1900 - 1098 pages
...consideration of a department which can pursue only the 20 SC— 20. law ал it is written. It IB proper for the consideration of the legislature, not of the executive or judiciary." This case involve« the capture of enemy'i property on the aea, and executive action, and if the position...
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International law. Conflict of laws. Spanish-American laws. Legal ethics ...

Albert Hutchinson Putney - 1908 - 396 pages
...consideration of a department which can modify it at will; not for the consideration of a department which can pursue only the law as it is written. It...is proper for the consideration of the legislature, and not of the executive or judiciary. "The court is therefore of opinion that there is error in the...
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Popular Law Library, Putney...

Albert H. Putney - 1908 - 386 pages
...consideration of a department which can modify it at will; not for the consideration of a department which can pursue only the law as it is written. It...is proper for the consideration of the legislature, and not of the executive or judiciary. "The court is therefore of opinion that there is error in the...
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Cases on Military Government

Army Service Schools (U.S.) - 1911 - 314 pages
...consideration of a department which can modify it at will; not for the consideration of a department which can pursue only the law as it is written. It...the legislature, and that the legislature has not yet declared its will to confiscate property which was within our territory at the declaration of war....
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The Law Relating to Trading with the Enemy: Together with a Consideration of ...

Charles Henry Huberich - 1918 - 532 pages
...consideration of a department which can modify it at will; not for the consideration of a department which can pursue only the law as it is written. It...the legislature, and that the legislature has not yet declared its will to confiscate property which was within our territory at the declaration of war."...
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Transactions of the Annual Meeting, Volumes 25-26

South Carolina Bar Association - 1919 - 248 pages
...consideration of the department which can modify it at will ; not for the consideration of a department which can pursue only the law as it is written. It...the Legislature, not of the executive or judiciary." In the case of Miller vs. United States, 11 Wall, 268, the Court said: "But if the assumption of plaintiff...
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