Joseph P. Bradley

Name: Hamilton v. Dillin — Opinion of the Court
Author: Joseph P. Bradley

Hamilton v. Dillin — Opinion of the Court

Summary

“Hamilton v. Dillin — Opinion of the Court”, is a work by Joseph P. Bradley. It explores elements such as the United States, regulations and commercial intercourse.

Quotes from Hamilton v. Dillin — Opinion of the Court (Joseph P. Bradley)

Joseph P. Bradley, Hamilton v. Dillin — Opinion of the Court

“ Thus, in the Constitution, the several powers 'to regulate commerce,' 'to establish a uniform rule of naturalization,' 'to make all needful rules and regulations respecting the territory or other property belonging to the United States,' are understood to give plenary control over those subjects. The power to regulate commerce has been held to include the power to suspend it; [27] and the power to make rules and regulations respecting the territory of the United States, has been held to include the power to legislate for and govern such territory, and establish governments therein. ”

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Source: Wikisource

Joseph P. Bradley, Hamilton v. Dillin — Opinion of the Court

“ The conditions exacted by him were not imposed in the exercise of the taxing power, but of the war power of the government. The exaction itself was not properly a tax, but a bonus required as a condition precedent for engaging in the trade. Whether, when the condition was fulfilled, the cotton became subject to the internal revenue law is a question we are not called upon to decide. There was no inconsistency between the regulations and the law any more than there is between a license tax for carrying on a particular trade and the excise imposed on the products of that trade. ”

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Source: Wikisource

Joseph P. Bradley, Hamilton v. Dillin — Opinion of the Court

“ Whether, in the absence of Congressional action, the power of permitting partial intercourse with a public enemy may or may not be exercised by the President alone, who is constitutionally invested with the entire charge of hostile operations, it is not now necessary to decide, although it would seem that little doubt could be raised on the subject. ”

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Source: Wikisource

Joseph P. Bradley, Hamilton v. Dillin — Opinion of the Court

“ The statutes relating to the internal revenue, passed July 1st, 1862, and March 7th, 1864, which have been referred to for the purpose of showing that Congress imposed a special tax upon cotton, and, therefore, could not have intended by the act of 1861 to sanction the regulations of the treasury now in question, do not, in our judgment, have that effect. The act of 1862 imposed a tax of half a cent per pound on all cotton, to be paid before its removal from the place of production. The same act and section imposed various taxes on a hundred other articles. ”

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Source: Wikisource

Joseph P. Bradley, Hamilton v. Dillin — Opinion of the Court

“ To provide the 'rules and regulations' for conducting a trade relates to the conduct of the persons engaged in it, their methods of transacting their business, the imposition of such checks and safeguards as will secure a compliance with the law. To make such trade contribute in any essential form to the revenues of the country is the exercise of one of the highest prerogatives of the government, and is to be determined upon grounds widely different from the supervision and policing of the trade itself. ”

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Source: Wikisource

Joseph P. Bradley, Hamilton v. Dillin — Opinion of the Court

“ It is also a recognition of the treasury regulations as to intercourse with that territory-not, perhaps, of any specific regulations, but of the applicability of such regulations to all portions of insurrectionary territory, whether under occupation of the Union forces or not.
But it is unnecessary to pursue this subject. We have frequently held that the civil war affected the status of the entire territory of the States declared to be in insurrection, except as modified by declaratory acts of Congress or proclamations of the President ”

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Source: Wikisource

Joseph P. Bradley, Hamilton v. Dillin — Opinion of the Court

“ Now it is matter of public history, that long before the first of these exactions was made, the city of Nashville had been occupied by the National troops, and that it continued in their occupation and under the National control during all the time covered by the transactions out of which our claims arise. ”

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Source: Wikisource

Joseph P. Bradley, Hamilton v. Dillin — Opinion of the Court

“ Provided, however, that the President may, in his discretion, license and permit commercial intercourse with any such part of said States or section, the inhabitants of which are so declared in a state of insurrection, in such articles, and for such time, and by such persons, as he, in his discretion, may think most conducive to the public interest ”

Joseph P. Bradley

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