Facts and documents bearing upon the legal and moral questions: connected with the recent destruction of the quarantine buildings on Staten Island (Google eBook)

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Wm. C. Bryant & Co., printers, 1858 - Medical - 90 pages
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Page 82 - It is, we think, a sound principle, that, when a government becomes a partner in any trading company, it divests itself, so far as concerns the transactions of that company, of its sovereign character, and takes that of a private citizen.
Page 81 - The quarantines and other restraints established by the health laws of any State respecting any vessels arriving in, or bound to, any port or district thereof, shall be duly observed by the officers of the customs revenue of the United States...
Page 85 - The power and jurisdiction of parliament, says Sir Edward Coke, is so transcendent and absolute that it cannot be confined. either for causes or persons, within any bounds.
Page 54 - ... and by the military officers commanding in any fort or station upon the seacoast, and all such officers of the United States shall faithfully aid in the execution of such quarantines and health laws, according to their respective powers and within their respective precincts, and as they shall be directed from time to time by the Secretary of the Treasury.
Page 84 - ... immediate action, and no opportunity is given for procuring the advice or sanction of the magistrate, it is the duty of every subject to act for himself, and upon his own responsibility, in suppressing a riotous and tumultuous assembly ; and he may be assured that whatever is honestly done by him in the execution of that object, will be supported and justified by the common law...
Page 54 - States shall be, and they hereby are, authorized and required, faithfully to aid in the execution of such quarantines and health laws, according to their respective powers and precincts, and as they shall be directed from time to time by the Secretary of the Treasury of the United States.
Page 77 - ... the apprehension, separation and treatment of emigrants and other persons who shall have been exposed to any infectious or contagious disease ; the suppression and removal of nuisances, and all such other orders and regulations as they shall think necessary and proper for the preservation of the public health...
Page 82 - States, by the masters and crews of the several revenue cutters, and by the military officers commanding in any fort or station upon the seacoast ; and all such officers of the United States shall...
Page 60 - The best elementary writers lay down the principle, and adjudications upon adjudications have for centuries sustained, sanctioned, and upheld it, that in a case of actual necessity, to prevent the spreading of a fire, the ravages of a pestilence, or any other great public calamity, the private property of any individual may be lawfully destroyed for the relief, protection, or safety of the many, without subjecting the actors to personal responsibility for the damages which the owner may have sustained.
Page 72 - ... property. It will be seen that the same measure of protection against legislative encroachment is extended to life, liberty and property ; and, if the latter can be taken without a forensic trial and judgment, there is no security for the others. If the legislature can take the property of A. and transfer it to B., they can take A. himself and either shut him up in prison or put him to death. But none of these things can be done by mere legislation. There must be > due process of law.

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