@Setanta,
OmSigDAVID wrote:I said that I don't see what is legally in violation qua moving military assets from one place to another in America. I questioned any interference from Article I Section 8. The Secretary of War coud do that in furtherance of the power of the President. He was lawfully in possession of federal military assets. He had and has Constitutional authority to move them from one federal installation to another one. I fail to see any cause for objection.
Setanta wrote:The one example you provided was based on a congressional act.
Article One, Section Eight very clearly grants to Congress the right
to provide for arming the militia--to me, that is an unequivocal statement of where the power resides.
It is very clear that Congress has the power to arm the selected militia
(the Article I Section 8 militia). This is
not necessarily to the
EXCLUSION of anyone else.
The Constitution does not say
THAT.
Accordingly, if u or I chose to donate a gun to the troops,
that woud not be a violation of the Constitution.
Incidentally: I get the impression (correct me if I 'm rong)
that Floyd sent the guns to Regular US Army arsenals,
not to militia,
but the same principles apply to donations to the Regular Army.
Obviously, Congress has the power to arm it,
and anyone can freely donate to it.
ANYWAY, all Armed Forces ordnance is lawfully in the possession of the President;
i.e., he is
in possession ("constructive possession") of every M-1 Abrams Battle Tank,
of every B-52 Bomber and
in possession of
all Nimitz Class Aircraft Carriers,
in addition to
all the 1,000s (millions??) of M-14 and M-16 Rifles
in America and in Iraq, or anywhere.
ACCORDINGLY, those guns never left the possession of President Buchanan
as of when Floyd resigned from office,
and Buchanan was perfectly free to order that the guns be moven
anywhere in America of his choosing; there was no one to stop him.
As I see the situation: those were the facts,
not mere technicalities. Do u disagree ?
Setanta wrote:A subsequent congressional investigation found that Secretary Floyd had acted illegally. Applying the historiographic principle of cui bono, i'm willing to concede that the Congress as it existed subsequent to secession and before 1865 might have been conducting a biased investigation. However, that Congress may have reached that conclusion on a questionable basis does not constitute evidence that the conclusion is false.
The conclusion has no validity, in that he was never tried for any crime.
It was only the opinion of Congress, the sense of Congress.
Did Floyd have the opportunity to defend himself??
I wonder whether he was represented by counsel during the Congressional Investigation.
In any case, presumably, he was not afforded the protections
to which a defendant in criminal litigation is entitled in a court of law.
Note that when Floyd moved the muskets and rifles
James Buchanan was President, not Lincoln.
I understand the the guns had been moven in
1859.
Lincoln was elected in November of 1860
and took office in March of 1861.
I simply don 't see
ANYTHING unlawful in Floyd 's conduct.
Do u believe that I ' ve failed to consider something significant?
( I am aware that u have conceded the possibility that the investigation may have been biased.)
David