Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
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Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
“The point of view in which this writ of error, with its citation, has
been considered uniformly in the courts of the Union, has been well
illustrated by a reference to the course of this court in suits
instituted by the United States. The universally received opinion is,
that no suit can be commenced or prosecuted against the United States;
that the judiciary act does not authorize such suits; yet writs of
error, accompanied with citations, have uniformly issued for the removal
of judgments in favor of the United States into a superior court, where
they have, like those in favor of an individual, been re-examined, and
affirmed or reversed. It has never been suggested that such writ of
error was a suit against the United States, and therefore not within the
jurisdiction of the appellate court.
“It is, then, the opinion of the court that the defendant who removes a
judgment rendered against him by a State court into this court, for the
purpose of re-examining the question whether that judgment be in
violation of the Constitution or laws of the United States, does not
commence or prosecute a suit against the State, whatever may be its
opinion, where the effect of the writ may be to restore the party to the
possession of a thing which he demands.”
All which is respectfully submitted.
JAMES BUCHANAN, WM. W.
ELLSWORTH, E. D.
WHITE.
It was Mr. Buchanan’s intention to retire from public life at the close
of this session of Congress in March, 1831. But in the early part of
February, without his previous knowledge, a movement was set on foot in
Pennsylvania to bring him forward as the candidate of that State for the
Vice-Presidency at the next election, on the ticket with General
Jackson, whose re-election to the Presidency was already anticipated by
his party. As soon as information of this purpose reached Mr. Buchanan,
he did what he could to discourage it, as will appear from the following
letter to one of his Pennsylvania friends and neighbors:
[JAMES BUCHANAN TO GEORGE PLITT, ESQ.]
WASHINGTON, February 18, 1831.
DEAR SIR:—
Public-domain text, read in full here on John Shaqi.
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