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The attitude of Government who had accepted the Congress's assurances of loyalty, and recognized its aims, as defined by it, to be "perfectly legitimate in themselves," was laid down for the first time officially in 1890, under Lord Lansdowne's Viceroyalty, in terms that were certainly not hostile:
"A dozen," responded the girl. "But what brought you back? Surely the Assembly has not adjourned?" "'T is worse than that," asserted the squire. "For a week we held the rascals at bay, but yesterday news came from England that the ministry had determined not to yield, and in a frenzy the Assembly indorsed the Congress's doings on the spot.
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"Now that's a clever old man," said the boatswain's mate next day to me, approvingly, of the captain; "boxing her off that way, with all that wind and blackness, was handsomely done." After this we settled down to a two days' pampero, with a huge but regular sea. Whether the Congress's helm on this interesting occasion was shifted for sternboard I never inquired.
Saw it, probably dined with it. A Letter of his still extant, not yet fallen to the spiders, as so much else has done, testifies to this fact. Let us read part of it, the less despicable part, as a Piece supremely insignificant, yet now in a manner the one surviving Document of this extraordinary Congress; Congress's own works and history having all otherwise fallen to the spiders forever.
"The Congress's orders is that any one guilty of seeking to communicate with the enemy is to be put under arrest, and sent to Philadelphia to be examined." "But we have n't made the slightest attempt, nor so much as thought of it," protested the matron. "Oh, no!" sneered Joe; "but, all the same, we intercepted a letter last night written to you by your old Tory husband, and "
"Did you see what a mess the made of fore-topgallant-yard this morning?" An old boatswain's mate of the ship used to tell me one of his "last-cruise" stories, of when he "was in the Delaware, seventy-four, up the Mediterranean, in 1842." Of course, the Delaware had beaten the Congress's time; the last ship always did.
Other Federalists, however, were ready to admit that courts of statutory origin could be abolished by statute but added that the operation of Congress's power in this connection was limited by the plain requirement of the Constitution that judges of the United States should hold office during good behavior.
The Beaufort's and the Congress's own boats removed the crew and the wounded.... The shore batteries, the Minnesota, the picket boat Zouave, kept up a heavy firing all the while upon the Merrimac, upon the Raleigh and the Jamestown, and also upon the Beaufort.
In the first place, it implies the further principle that an attempt by a State to tax interstate or foreign commerce is tantamount to an attempt to regulate such commerce, and is consequently void. In other words, the principle of the exclusiveness of Congress's power to regulate commerce among the States and with foreign nations, which is advanced by way of dictum in Gibbons vs.
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