The President had the right under the law to fill the office of Lieutenant-General by selection, and he was not bound even by usage to regard any claim based only upon seniority of commission.
James Blaine: “The President had the right under the law to fill the office of Lieutenant-General by selection, and he was not bound…”
Editor's note · Context
Blaine asserts the President's legal authority to appoint a Lieutenant-General, emphasizing the importance of executive power in military appointments.
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Under such circumstances, to send a military force into any State, with orders to act against the people, would be simply making war upon them.
The right of the General Government to preserve itself in its whole constitutional vigor by repelling a direct and positive aggression upon its property or its officers cannot be denied.
But this is a totally different thing from an offensive war to punish the people for the political misdeeds of their State Government, or to enforce an acknowledgment that the Government of the United States is supreme.
You can use force only to repel an assault on the public property and aid the Courts in the performance of their duty.





