PREFACE TO MILITARY GOVERNMENT. THE following pages on "Military Government of Hostile Territory in Time of War," were written early in 1864, in answer to a letter of the Hon. J. M. Ashley, M. C., of Ohio, to the Secretary of War (dated December 24, 1863), which enclosed the draft of a bill for a military provisional government over insurrectionary States, proposed by Mr. Ashley for consideration by the "Special Committee of the House on the Rebellious States." In that letter he requested the Secretary "to make any suggestions he might have to make," or, "if he had not time to make any, to submit the bill to the Solicitor of the War Department for his opinion." This communication, with the proposed bill, were accordingly referred, as requested, by the Secretary of War. A copy of the letter, and of my reply, are hereto appended. The subjects discussed are of great and growing importance. Clear and just views of the rights, powers, and obligations of the Government are necessary to a wise and consistent administration of affairs in the insurrectionary districts, during their transition from open hostilities to their peaceful restoration to the Union. A careful regard, in the beginning, to the proper limitations of authority in the respective departments of this government, will be necessary in order to avoid embarrassment and confusion in the end; and a just appreciation of the war powers of the President will tend to relieve patriotic citizens from apprehension, even if Congress should, for the present, omit further legislation on these subjects. The following chapters are only a development of the principles stated in the "WAR POWERS," pages 54 to 57. WASHINGTON, D. C., March 24, 1864. W. W. MILITARY GOVERNMENT. PREFACE CONTENTS. War, its methods and its objects. Government in some form is necessary to secure a conquest Government, why it is essential to secure a conquest. Government, military, is a mild form of hostilities PAGE 5 There must be military government, or no government. The right to erect military government is an essential part of the war power, is Leading cases cited. The Constitution authorizes the President to establish military government Duty of the conqueror to govern those whom he has subjugated Distribution of powers under military government Different kinds of law of war - martial law, military law, etc. Power given by the Constitution to Congress to establish courts martial, etc. Power of the President to establish courts of war Do courts of war exercise judicial power?. Would judicial courts be useful as war courts? What rights are conceded to them. Courts of civil jurisdiction under military authority. General Shepley, General Butler, Judge Peabody, Sequestration Commission Public enemies - Are the inhabitants of seceded States public enemies? The question whether the inhabitants of insurrectionary States are to be deemed public enemies is determined by the political departments of our government; The political departments of our government have finally determined that they are The President; and the acts of the Executive on that subject 44, 45 conflict between the power of Congress and that of the President 61 |