War Powers Under the Constitution of the United States: Military Arrests, Reconstruction and Military Government : Also, Now First Published, War Claims of Aliens : with Notes on the Acts of the Executive and Legislative Departments During Our Civil War, and a Collection of Cases Decided in the National Courts

Front Cover
Lee and Shepard, 1871 - Executive power - 695 pages
 

Contents

Authority and usage confirm the right
74
Consequences of attainder
91
Savage cruelty of English
101
Confiscation act of 1862
111
CHAPTER VII
117
The sixth section of the confiscation act of 1862 is not within the prohi
123
Laws are most effective which require no rebel to administer them
130
Congress may interfere against slavery by militia laws
134
NOTES ON THE WAR POWERS Fifth Edition
141
PREFACE TO MILITARY ARRESTS
159
Foundation of martial
166
Safeguards to civil liberty
170
Arrests without indictment
176
Officers making arrests not liable to civil suit or criminal prosecution
182
Liability to martial law not inconsistent with liability to civil process
188
Prevention of military crimes is the justification of captures of property
195
How martial law is instituted or put in force
202
ernment interfere with
206
MILITARY GOVERNMENT OF HOSTILE TER
257
Right of withdrawal of neutral aliens
320
Martial law what it
321
Distinction between alien and public enemy
322
The character of claims discussed in this essay
329
Opinion of as to claims for damage done in bombarding Copenhagen
336
Enemies all de facto subjects of the enemy sovereign
342
Harsberg and Steifel April 20 1863
358
A Kernahan
359
H H Thompson April 24 1863
360
Wylie Co Liverpool May 28 1863
362
Mrs Eugenia Bass
363
Captain Sherwin July 1 1863
365
French residents at New Orleans December 5 1863
368
Simon Queyrouse December 5 1863
371
Alienage
374
W W Cones October 1 1864
378
Draft of Bill as to alien claims April 18 1864
379
As to nonliability of navy agents to trial by courts martial April 22 1864
380
Capture May 4 1864
381

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Page 540 - The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men at all times and under all circumstances. No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great, exigencies of government.
Page 402 - ... Commander-in-Chief of the Army and Navy of the United States, in time of actual armed rebellion against the authority and Government of the United States, and as a fit and necessary war measure for suppressing said rebellion, do, on this first day of January, in the year of our Lord one thousand...
Page 569 - There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates," or, " if the power of judging be not separated from the legislative and executive powers...
Page 400 - I, ABRAHAM LINCOLN, President of the United States of America, and Commnnder-in-Chief of the Army and Navy thereof, do hereby proclaim and declare that hereafter,. as heretofore, the war will be prosecuted for the object of practically restoring the constitutional relation between the United States and each of the States and the people thereof, in which States that relation is or may be suspended or disturbed.
Page 570 - Every law that makes an action done before the passing of the law, and which was innocent when done, criminal, and punishes such action. 2d. Every law that aggravates a crime, or makes it greater than it was when committed.
Page 267 - The United States shall guaranty to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.
Page 256 - Executive. And it is suggested as not improper, that, in constructing a loyal State Government in any State, the name of the State, the boundary, the subdivisions, the Constitution, and the general code of laws, as before the rebellion, be maintained, subject only to the modifications made necessary by the conditions hereinbefore stated, and such others, if any, not contravening said conditions, and which may be deemed expedient by those framing the new State Government.
Page 132 - No amendment shall be made to the Constitution which will authorize, or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State.
Page 394 - Resolved, That the United States ought to co-operate with any State which may adopt gradual abolishment of slavery, giving to such State pecuniary aid, to be used by such State, in its discretion, to compensate for the inconveniences, public and private, produced by such change of system.
Page 401 - That, on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever, free...

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