@Setanta,
Setanta wrote:You seem not to have absorbed that these weapons were not sent to United States troops.
They were sent to state arsenals.
I have not absorbed that.
My research (slight n cursory, as it was from Wikipedia) indicates that
the guns were sent
to Federal arsenals, situate in the States.
In other words, from this material I surmise
that the guns
never left Federal ownership and control
(i.e., the control of President Buchanan) until
after Floyd left office.
See it excerpted n emfasized below:
"In March 1857, Floyd became Secretary of War in the cabinet of President James Buchanan. . . .
In December 1860, on ascertaining that Floyd had honored heavy drafts made by government contractors in anticipation of their earnings,
the president requested his resignation. Several days later Floyd was indicted for malversation in office, although the indictment was overruled in 1861 on technical grounds. There is no proof that he profited by these irregular transactions; in fact, he went out of the office financially embarrassed.
Although he had openly opposed secession before the election of Abraham Lincoln, his conduct after the election, especially after his breach with Buchanan, fell under suspicion, and
he was accused in the press of having sent large stores of government arms to Federal arsenals in the South in the anticipation of the Civil War.
After his resignation, a congressional commission in the summer and fall of 1861 investigated Floyd's actions as Secretary of War. All of his records of orders and shipments of arms from 1859 to 1860 were examined. It is recorded that
in response to John Brown's raid on Harper's Ferry he bolstered the Federal arsenals in some Southern states by over 115,000 muskets and rifles in late 1859. He also ordered heavy ordnance to be shipped to the
Federal forts in Galveston Harbor, Texas, and the new fort on Ship Island off the coast of Mississippi.
Setanta wrote:It is completely fallacious to say that the President is "in command" of foreign policy.
He cannot make any treaty with a foreign power without the consent of two thirds of the Senate. That is hardly ]being "in command."
I don 't see it that way.
There r 3 branches of government.
Congress is not in charge of foreign policy.
The judiciary r not in charge of foreign policy.
The President
IS in charge of foreign policy,
notwithstanding the fact that no treaty can go into effect
without a 2/3 ratification by the Senate, as u have correctly pointed out.
Setanta wrote:I have read about the Supremes' comment on the congressional investigation. While looking around the web today,
i did find a page at the University of Virginia which tells the same tale, although it's very bare bones. If you wish, i'll link that page here.
I read the link. I have not sought out its source,
but I 'm pretty sure that there 's something rotten in Denmark
or in Washington of the 186Os. Your link suggests that,
after he was dead
and
without a trial, the USSC issued an advisory opinion,
finding Floyd guilty of "corruption". I am skeptical.
In response to an inquiry from President George Washington,
his Chief Justice of the USSC, John Jay, said that the USSC
has no jd to issue advisory opinions.
The Case or Controversy Clause of Article III Section 2, subsection 1
requires that a case or controversy be brought be brawt b4 a federal court,
for the existence of jd.
Muskrat v. US, 219 U.S. 346 (1911)