War Powers under the Constitution of the United StatesReprint of the original, first published in 1864. |
Contents
TEDE CONSTITUTION purpose for which it was founded | 1 |
Punishment by attainder | 8 |
CHAPTER I | 15 |
Will slaveholders be entitled to indemnity if their slaves are used | 21 |
References to the constitution showing the war powers of Congress | 27 |
CHAPTER II | 33 |
Has government full war powers against rebel citizens | 40 |
WAR distinction between the objects and the means | 45 |
MILITARY COXLANDERS their powers and responsibilities | 167 |
MILITARY CRTABS or crimes of war definition | 188 |
ORDER of the War Department | 217 |
The law administered by military govemment | 219 |
RETURN OF REBELLIOUS STATES TO THE UNION | 229 |
Attitude of the Government in the beginning of the War toward Rebels | 235 |
WAR POWBRS have definite limits | 240 |
Rights of Rebels to be settled according to the Laws of War | 242 |
The law of nations is above the constitution | 46 |
The constitution allows confiscation | 52 |
Belligerent right to confiscate enemys real estate | 61 |
The President the sole judge how and when to use | 68 |
Authority and usage confirm the right | 74 |
Attainders prohibited as inconsistent with constitutional liberty | 86 |
CHAPTER V | 93 |
Congress have unlimited power to declare the punishment of treason | 99 |
Characteristics of attainders of treason | 105 |
CHAPTER VI | 112 |
New crimes require new penal laws | 113 |
Act of 1862 Sect 6 does not purport to punish treason | 119 |
their practical operation | 126 |
Domestic institutions | 132 |
suppress | 137 |
distinction between emancipating slaves and abolishing | 159 |
ARRESTS in loyal States regarded with alarm | 161 |
Plan of Reconstructiop recommended | 248 |
Plan adopted by President Lincoln in his Message and Proclamation | 254 |
C | 259 |
by | 261 |
There must be military government or no government | 266 |
16 | 268 |
Military government is an act of war | 272 |
Would judicial courts be useful as war courts ? | 278 |
66 | 279 |
Jurisdiction of such courts | 287 |
Public enemies Are the inhabitants of seceded States public enemies ? 293 | 293 |
Congress and the acts of the Legislative Department on that subject 299304 | 299 |
power | 307 |
Limits of power conflict between the power of Congress and that of | 316 |
Distinction betwcen alien and public enemy 2212 | 323 |
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Common terms and phrases
according actual application arms army arrest attainder authority become belligerent belongs called carry cause citizens civil claim clause commander commander-in-chief committed common confiscation Congress consequences constitution courts crime danger decided decisions deemed defence Department districts duty effect engaged established execution exercise existence fact force foreign forfeiture give held hold hostile inhabitants institution insurrection issued judge judicial jurisdiction justice justify land law of nations legislation liable limits loyal martial law matter means ment military navy necessary necessity object offence officers operations opinion parties pass peace penalties persons political President prevent prisoners proceedings proclamation proper protection public enemy punishment question rebellion rebels recognized reference regulations relations result rules Sect secure seized slavery slaves soldiers statutes suppress Supreme Court taken territory thereof tion traitors treason treaty tribunals Union United