The Right of the People to Establish Forms of Government PDF ePub eBook

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The Right of the People to Establish Forms of Government free pdf Excerpt from The Right of the People to Establish Forms of Government: Mr. Hallett's Argument in the Rhode Island Causes, Before the Supreme Court of the United States, January 1848 Present - Chief Justice Taney, and Justices Wayne, McLean, Nelson, Woodbury, and Grier. Justices Catron and Daniel were unable to sit in the cause, being confined by sickness, and Judge McKinley was not present. For the Plaintiffs, Nathan Clifford, Attorney General of the United States, and B. F. Hallett. For the Defendants, Daniel Webster, John Whipple, and Alfred Bosworth. It being arranged that the two causes should be argued together, Mr. Hallett opened for the Plaintiffs. May it please your Honors - The first of these causes comes before this Court by writ of error to the Circuit Court of the United States for the District of Rhode Island, upon a judgment pro forma against the plaintiff in error. The second is sent up from the same Court upon a certificate of division of opinion between the two Judges. Both causes involve similar questions and principles, and therefore may with great propriety be argued together, the distinction between them being, that in the first the distinct issue raised is the validity of the People's Constitution, which the plaintiff claims was in force in Rhode Island- and in the second the question is definitely raised as to the force and validity of Martial Law, under which the defendants justify their acts of trespass. If the new constitution, and laws under it, were in force in Rhode Island, and the old Charter Government rightfully superseded thereby, then the justification of the defendants fails in both cases. If, on the other hand, that constitution was not in force, but the Charter Legislature was in fact the law-making power, yet, if they had not the power to declare Martial Law in the manner they did, or if the act itself, and the proceedings under it, were illegal or defective, or if the defendants have failed to show their authority as subordinates, then also the defence in both cases, but especially in the latter, fails. The first is an action for trespass to the property of the plaintiff, Martin Luther- the second is an action for trespass to the person of the plaintiff, Rachael Luther. The facts which appear upon the record, and are to be taken as fully proved, are these: - In June, 1842, Martin Luther was living in the town of Warren, in the State of Rhode Island, in his own house, (which was also occupied by his mother, Rachael Luther, ) and had lived there for nearly forty years. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully- any imperfections that remain are intentionally left to preserve the state of such historical works.

About Benjamin Franklin Hallett

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Details Book

Author : Benjamin Franklin Hallett
Publisher : Forgotten Books
Data Published : 27 September 2015
ISBN : 1330728378
EAN : 9781330728376
Format Book : PDF, Epub, DOCx, TXT
Number of Pages : 76 pages
Age + : 15 years
Language : English
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  • The Right of the People to Establish Forms of Government free pdfThe Right of the People to Establish Forms of Government

    . Excerpt from The Right of the People to Establish Forms of Government: Mr. Hallett's Argument in the Rhode Island Causes, Before the Supreme Court of the United States, January 1848 Present - Chief