Mandate

“ The definitor responded “that in consideration of the fact that when his Holiness concedes any indult, and orders any new mandate, he is seen to address himself, as is his constant custom, to the chief men, to whom it pertains to carry out any new mandate, the same law extends to the decrees sent by his Majesty, which are directed to the chief persons, to whom it pertains to answer the said decrees and mandates of his Holiness. ”

“ If the duty is unperformed and it be judicial in its character the mandate will be to the judge directing him to exercise his judicial discretion or judgment, without any direction as to the manner in which it shall be done, or if it be ministerial, the mandamus will direct the specific act to be performed. ”

“ This Administration has come into power with a very clear and definite mandate from the people. The expression of the popular will in favor of maintaining our constitutional guarantees was overwhelming and decisive. ”

“ Waiving all questions as to the right of appeal from such an order, we are clearly of the opinion that the Circuit Court could do no otherwise than it did. On a mandate from this court affirming a decree, the Circuit Court can only record our order and proceed with the execution of its own decree as affirmed. It has no power to rescind or modify what we have established. Our judgment by a divided court is just as much our judgment for all the purposes of the case in hand as if it had been unanimous. ”

“ Who, or what, gives them the right to say to the people, "We, who are your agents and servants for one purpose, will undertake to decide that your other agents and servants, appointed by you for another purpose, have transcended the authority you gave them?" The reply would be, I think, not impertinent—"Who made you a judge over another's servants? To their own masters they stand or fall." ”

“ Administration, my lords, appears to me a term without a meaning, a wild indeterminate word, of which none can tell whom it implies, or how widely it may extend: a charge against the administration may be imagined a general censure of every officer in the whole subordination of government, a general accusation of instruments and agents, of masters and slaves: my charge, my lords, is against the minister, against that man, who is believed by every one in the nation, and known by great numbers, to have the chief, and, whenever he pleases to require it, the sole direction of the publick measures ”

“ Every law is a command, not only, but the command of a supreme authority; and it would be a singular contradiction in terms to speak of this supreme power as limited by law. How can the supreme author of law within a state himself be subject to law: how can the creature bind the creator? How can one refrain from smiling at the logical incapacity of those who speak of limitations to sovereignty, or, more absurdly still, of divisions of sovereignty?65 Is there a hierarchy of supremacies: can there be a co-ordination of creators? ”

“ As with us, the great leading rule must be, that when an officer does an act purporting to bind his Government, the first step in proof of its validity is to show his authority to bind the Government. ”

“ He whose office it is to govern a supine or an abject people, cannot, for a moment, cease to extend his powers. Every execution of law, every movement of the state, every civil and military operation, in which his power is exerted, must serve to confirm his authority, and present him to the view of the public as the sole object of consideration, fear, and respect. ”

“ We pray Thee, O Father of Might, Wisdom and Justice, through Whom alone authority is rightfully administered, laws enacted and judgment decreed, assist with Thy Holy Spirit of Counsel and Fortitude, the President of these United States, that his administration may be eminently useful to Thy people over whom he presides, by the encouragement of virtue and religion, by wise enforcement of the laws in justice and in mercy, and by repressing vice and immorality. ”

“ The requisition of the public force within the interior of the realm belongs to the civil officers, according to the regulations determined by the legislative power.
11. If disorders disturb an entire department, the king, under the responsibility of his ministers, shall give the necessary orders for the execution of the laws and for the re-establishment of order, but subject to informing the legislative body thereof, if it is assembled, and of convoking it, if it is in recess.
12. The public force is essentially, obedient; no armed body can deliberate. ”

“ The principle is universally admitted, that, wherever an authority is delegated to any public officer, to be exercised at his discretion, under his own judgment, and upon his own responsibility, the acts done in the appropriate exercise of that authority, are binding as to the subject-matter. ”

“ We have declared what officers shall make the laws, what officers shall execute them, what officers shall sit in judgment upon claims of right under them. We have prescribed how these officers shall be selected and the tenure by which they shall hold their offices. We have limited them in the powers which they are to exercise, and, where it has been deemed necessary, we have imposed specific duties upon them. The body of rules thus prescribed constitute the governmental institutions of the United States. ”

“ If we—the people in this Territory, or in other Territories or in the States, confer certain powers on the General Government, we no longer retain them, they are ceded away by us to others. If we give to our legislators certain authority, they hold that authority, and it is for us to submit to the laws which may be enacted by them. ”

“ And if the people have given up to governors, legislatures, the judiciary and to the officers of the law certain powers, rights and privileges, this authority coming of or from the people, it is expected that they shall act for and in the interests of the people ”

“ As I dare say some of my young readers will one of these days become governors of provinces, or hold other offices in our possessions abroad, I wish to impress strongly on their minds that the only just or lawful way of governing a people—the only sure way, indeed, of maintaining authority over them—is to improve, to the utmost of our power, their religious, their moral and physical condition. ”

“ Can any measures furnish a more instructive lesson, or a more salutary admonition, in the whole history of parties, at once to moderate our zeal, and awaken our vigilance, than those, which stand upon principles repudiated at one time upon constitutional scruples, and solemnly adopted at another time, to subserve a present good, or foster the particular policy of an administration? ”

“ All power residing originally in the People, and being derived from them, the several magistrates and officers of government, vested with authority, whether legislative, executive, or judicial, are their substitutes and agents. ”

“ In a state government, I consider all power flowing immediately from the people in their individual capacity, and that the people, in their individual capacity, have, and ought to have the right of choosing delegates in a state legislature, the business of which is to make laws, regulating their concerns, as individuals, and operating upon them as such ”

“ In like manner we annul all and every its privileges, indults, general or particular, the tenor whereof is, and is taken to be, as fully and as amply expressed in the present Brief as if the same were inserted word for word, in whatever clauses, form, or decree, or under whatever sanction their privileges may have been conceived. We declare all, and all kind of authority, the general, the provincials, the visitors, and other superiors of the said society, to be forever annulled and extinguished, of what nature soever the said society may be, as well in things spiritual as temporal. ”

“ All this is perfectly clear from the very language of the Constitution, and the propriety of such a provision must be apparent to every one. If power could be implied in favor of such a government as ours, it would, if nothing were said to the contrary, be implied in favor of every department and officer thereof, to the execution of whose duties it might seem to be necessary. ”

“ That your judgments, who are persons sent from all parts of the nation under the notion of approving this Government—for you to disown or not to own it; for you to act with Parliamentary authority especially in the disowning of it, contrary to the very fundamental things, yea against the very root of this Establishment; to sit and not own the Authority by which you sit:—is that which I believe astonisheth more men than myself. ”

“ The essence of the legislative authority is to enact laws, or, in other words, to prescribe rules for the regulation of the society; while the execution of the laws, and the employment of the common strength, either for this purpose or for the common defense, seem to comprise all the functions of the executive magistrate. ”

“ The second class of limitations upon official power provided in our constitution prescribe and maintain the distribution of power to the different departments of government and the limitations upon the officers invested with authority in each department. This distribution follows the natural and logical lines of the distinction between the different kinds of power—legislative, executive, and judicial. ”

“ Who will undertake to say, as a state officer, that the people may not give to the general government what powers, and for what purposes, they please? How comes it, sir, that these state governments dictate to their superiors—to the majesty of the people? ”

“ It requires good men to make good laws. Good men are only chosen to office when good people interest themselves in the candidates and attend the elections and cast intelligent votes. Good laws are properly enforced only when good men are chosen to office.26.“A child, an apprentice, a pupil, a mariner, and a soldier owe respectively obedience to the lawful commands of the parent, the master, the teacher, the captain of the ship, and the military officer having command: and in case of disobedience submission may be enforced by correction.”—Bouvier's Law Dictionary, Vol. ”

“ And it is further ordained, that all persons now holding any office of honor, profit, or trust, civil or military, under this State (members of the legislature excepted) , shall, within such time, and in such manner as the legislature shall prescribe, take an oath well and truly to obey, execute, and enforce this ordinance, and such act or acts of the legislature as may be passed in pursuance thereof, according to the true intent and meaning of the same ”

“ We, reposing trust and confidence in your care and faithfulness, have constituted, ordained, and appointed, and by these presents do constitute, ordain, and appoint you our commissioners, giving and granting unto you, or any two or more of you, full power and authority in pursuance of the said Acts and ordinances to put in execution all and every the instructions hereunto annexed, for the exact and perfect survey and admeasurement of all and every the honors, baronies, castles, manors, lands, tenements, and hereditaments, forfeited by force or vertue of all or any of the said Acts ”

“ One class of men whose special function it is to conceive, plan and direct in the affairs of state, and who therefore constitute its head. And in well-organized governments this head must consist of a deliberative and an executive department—a law-making and a law-executing power—functions corresponding perfectly to those of the cerebrum and cerebellum in the head of every individual. This head of the government or state, too, is in the thought of ends. ”

“ If these things are not a fiction all these officers and authorities throughout the land in every department of National, State or Territorial government, are as much bound by their obligations and oaths as the people are bound to be subject to all constitutional laws, and the people are not one whit more bound to the observance of the law than these men are bound to the observance of the sacred and solemn covenants which they have entered into. ”

“ A loyal administration of the laws and of the Constitution, respect and good will towards an easily led, intelligent and capable people—these are the principles which, in my opinion, should guide every Government in the treatment of the country. ”

“ It is, no doubt, indispensable to good government that the chiefs of the administration, whether permanent or temporary, should extend a commanding, though general, view over the ensemble of all the interests confided, in any degree, to the responsibility of the central power. ”

“ It is its office to diffuse sound principles among the people, that they may intelligently exercise the controlling power placed in their hands, in the choice of their representatives in the Legislature and of Judges, in deciding, as they are often called upon to do, upon the most important changes in the Constitution, and above all in the formation of that public opinion which may be said in these times, almost without a [Pg liv] figure, to be ultimate sovereign. ”

“ The authority, as I have already shown, to be exercised under the seventh and eighth sections, is a military authority, to be exerted only in regions of country where the civil tribunals are overthrown, and not there after they are restored. It is the same authority that we have been exercising all the time in the rebellious States ”

“ Again, the men who ruled, though they were formally elected to office, had not any authority such as is possessed by our judges and magistrates, who can say to a man, "Do thus," and compel him to obey or take the consequences. ”

“ While the public mind is agitated and wild excitement tramples upon reason, the Executive has a right to look to the legislative department of the Government for wise and sagacious counsels. Representing the creative power of law, the high responsibilities upon you demand that you indignantly frown upon any and every attempt to subvert the laws, and substitute in their stead the will of revolutionary leaders. ”

“ All executive, legislative, and judicial officers are required to take an oath to support the Constitutions of the United States, and of the State, and to faithfully discharge the duties of the office. ”