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Binney in relation to the University of Virginia; and said that, although there was no provision for religious instruction in that University, yet he supposed it would not be contended for a moment that the University of Virginia was a charity, or that it came before the courts claiming of the law of that State protection as such. It stood on its charter.
Horace Binney, a lawyer of Philadelphia much trusted, of very great and of deserved eminence throughout the States in a pamphlet in which he defends the suspension of the privilege of the writ by the President, I will take the position of the question as summed up by him in his last page, and compare it with that clause in the Constitution by which the suspension of the privilege under certain circumstances is decreed; and to enable me to do this I will, in the first place, quote the words of the clause in question:
"How jolly this would all be if it wasn't for poor Billy's melancholy over the loss of his dog," remarked Glen Elting, as he turned the steaming garments hanging in front of the galley stove. "It was a splendid start, wasn't it, Grip?" "Yes, I suppose so," answered Binney, a little doubtfully; "though I don't believe it would seem quite so fine to you if you ached all over as I do."
When we set down, I said: 'Now, Mis' Binney, you and the Judge take right hold, and anything you can't reach, speak out and we'll wait on you. And Mis' Binney? "Yes," she said. She was a little mite scared, I guess. B-begun to suspect somethin'." "Mis' Binney," said I, "y-you can set your cup and sarcer where you've a mind to. O-ought to have heard the Judge laugh.
"The very thing, doctor," cried Malone, with emphasis, "och! it's the genius ye have! There's all kinds o' coral, red and white, an' we could mix it up wi' some o' that fine-coloured seaweed to make it purty." "It could be made pritty enough without seaweed," said Binney, "an' it's my notion that the women-folk would be best at makin' of it."
Even Winn tried his hand at these; for under the stimulus of his companions' enthusiasm he was beginning to regard the career of an engineer as one of the most desirable and manly in which a young fellow could embark. This voyage into the world, with such guides and associates as Billy Brackett, Glen Elting, and Binney Gibbs, was proving of inestimable value to this boy.
Should invasion or rebellion occur, and should the public safety, in consequence of such rebellion or invasion, require the suspension of the privilege of the writ, then, and only then, may the privilege be suspended. But to whom is the power, or rather the duty, of exercising this discretion delegated? Mr. Binney says that "there is no express delegation of the power in the Constitution?"
The subject has been thoroughly examined by Horace Binney, Esq., of Philadelphia, in a volume of two hundred and fifty pages, published in the autumn of 1859. After a most searching analysis of every fact bearing upon the subject to be found in the writings of Washington, Madison, Hamilton, and others, he arrives at an inevitable conclusion, which he gives in the following words:
By degrees the conversation about the present began to give place to discussions as to the future, and when Dominick and Otto returned for their evening meal at sunset, bringing with them Mr Malines, the mate, and Joe Binney and his brother David and Hugh Morris as being representative men of the emigrants and ship's crew, the meeting resolved itself into a regular debating society.
The party was thus composed: Frank Lacelles Jardine, Leader; Alexander Jardine, Archibald J. Richardson, Government Surveyor; C. Scrutton, R. N. Binney, A. Cowderoy, Eulah, Peter, Sambo and Barney, black boys from the districts of Rockhampton and Wide Bay; 41 picked horses and 1 mule, all in good order and condition.
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