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

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Lee and Shepard, 1871 - 695 páginas
 

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Authority and usage confirm the right
74
War powers of the President in general
82
Ez post facto laws prohibited bills of pains and penalties as well
88
Treason
95
Consequences of attainder
100
Technical language how construed
106
CHAPTER VI
112
All attempts to overturn governments should be punished
118
Treason and confiscation laws in 1862 their practical operation
126
Slavery considered as belonging to the domestic affairs of States can gov
132
Slavery may be interfered with by appropriating slaves as private property
134
The Constitution gives all powers necessary to public welfare and com
140
PREFACE TO MILITARY ARRESTS
159
Foundation of martial law
165
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
Military crimes may be committed by persons not amenable to civil pro
211
RETURN OF REBELLIOUS STATES TO
229
Attitude of the government in the beginning of the war towards rebels
235
Rights of rebels to be settled according to the laws of war
242
Plan of reconstruction recommended
248
PREFACE
259
There must be military government or no government
266
Millitary government is an act of war
272
Would judicial courts be useful as war courts?
278
Military commissions under General Scott
281
Jurisdiction of such courts
287
Public enemies are the inhabitants of seceded States public enemies?
293
Congress and the acts of the legislative department on that subject
299
CHAPTER V
307
When the power of military government will cease
313
CHAPTER VIII
319
What laws of the invading country extend ipso vigore over the subju
321
WAR CLAIMS
327
Division of aliens into six classes
333
Lord Palmerstons opinion as to liability of the United States for damage
336
Domicile constructive or mercantile
342
Opinions of Sir William Scott and of the Supreme Court of the United
349
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
Claim for restoration of captured cotton August 5 1864
382
Timothy Dowling British July 25 1864
383
As to oath required of aliens July 26 1864
384
As to General Bankss order respecting gold at New Orleans July 28 1864
385
Benjamin Adams July 26 1864
386
Antoine Carré December 12 1864
387
George Cameron November 11 1864
388
Cowen Dickinson December 12 1864
389
Cases decided in the United States Courts 512610
390
Slaves in the army Policy of the government in regard to compensa
405
Laws of confiscation passed by the Confederates and remarks on show
409
Confederate act in relation to property which was or might be liable
417
Remarks on these acts
424
Act extending the same
430
Supplemental act for the same purpose
436
The three classes of provisional governments
442
Confederate laws establishing military courts 347 449
449
Note on the war powers used by the Confederates and their interpreta
455
The Emancipation Bureau Correspondence with Hon T D Eliot
464
Outline of the history of the laws of Congress for raising and organizing
478
The debates in Congress in relation to the same subject 493508
493
Rhode Island v Massachusetts 12 Peters 651 530
512
Montgomery 18 Howard 112
519
Cherokee Nation v Georgia as stated in 6 Wallace 73
529
Ex parte Milligan 4 Wallace 106
536
Ex parte Milligan remarks on 460
556
Ex parte Garland 4 Wallace 374
565
Johnson 4 Wallace 497
579
Insurance Company 6 Wallace 14
587
The Grapeshot 7 Wallace 563
598
United States v Keehler 9 Wallace 86
607
Aliens though neutral if they do not withdraw but remain subjects
613
Confiscation The views of President Lincoln on this subject and
655
See also Kees v Tod C C P Ohio 216
656
As to local laws in conquered districts whether the municipal laws
661
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Página 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.
Página 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...
Página 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...
Página 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.
Página 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.
Página 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.
Página 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.
Página 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.
Página 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.
Página 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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