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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The law of nations is above the Constitution
46
Whether belligerents shall be allowed civil rights under the Constitution
53
The Constitution allows confiscation
54
War power of the President to emancipate slaves
66
CHAPTER IV
84
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
227
State rights in time of civil war
234
Rights of rebels to be settled according to the laws of war
242
Plan of reconstruction recommended
248
MILITARY GOVERNMENT OF HOSTILE TER
257
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
Alien enemies participating in hostilities against the United States
336
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
PREFACE TO THE SECOND EDITION
453
Note on the war powers used by the Confederates and their interpreta
455
The Emancipation Bureau Correspondence with Hon T D Eliot
464
Distinction between emancipating slaves and abolishing slavery
469
Powers not delegated by the Constitution are reserved
478
iv
489
Page 9 Howard 614
512
Montgomery 18 Howard 112
519
Webb 20 Howard 177
529
Ex parte Milligan 4 Wallace 106
536
Ex parte Milligan remarks
565
Johnson 4 Wallace 497
579
Insurance Company 6 Wallace 14
587
Difference between loyal citizens and rebels claims for indemnity
612
Ex post facto laws prohibitedbills of pains and penalties as well
616
Enemies coming into a belligerent country before or after the war began 335
619
War its methods and its objects
626
Test questions on examination of claims by the Departments
627
How the right of withdrawal may be lost
645
Who are enemies when two nations are at
646
Liability of aliens to military service who have exercised the elective
647
Remarks of Chief Justice Chase at Raleigh
654
See also Kees v Tod C C P Ohio
656
Government in some form is necessary to secure a conquest
659
As to local laws in conquered districts whether the municipal laws
661
601
666
Purpose for which the Constitution was founded
675
CHAPTER V
676
607
682
Right of Congress to declare by statute the punishment of treason
684
War distinction between the objects and the means
686
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Página 404 - 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 eight hundred and sixty-three, and in accordance with my purpose so to do, publicly proclaimed for the full period of one hundred days from the day first above mentioned, order and designate as the States and parts of States wherein the people...
Página 404 - St. Mary, St. Martin, and Orleans, including the city of New Orleans), Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina...
Página 404 - Now, therefore, I, ABRAHAM LINCOLN, President of the United States, by virtue of the power in me vested as 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...
Página 269 - 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 402 - 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...
Página 396 - 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 407 - That if any person shall hereafter incite, set on foot, assist, or engage in any rebellion or insurrection against the authority of the United States, or the laws thereof, or shall give aid or comfort thereto, or shall engage in, or give aid and comfort to, any such existing rebellion or insurrection...
Página 116 - America;" nor shall any punishment or proceedings under said act be so construed as to work a forfeiture of the real estate of the offender beyond his natural life.
Página 255 - I, , do solemnly swear, in presence of Almighty God, that I will henceforth faithfully support, protect, and defend the Constitution of the United States and the Union of the States thereunder; and that I will in like manner abide by and faithfully support all acts of Congress passed during the existing rebellion with reference to slaves, so long and so far as not repealed, modified, or held void by Congress or by decision of the Supreme Court...

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