War Powers Under the Constitution of the United StatesThe Lawbook Exchange, Ltd., 2002 - 342 páginas Whiting, William. War Powers under the Constitution of the United States. Military Arrests, Reconstruction & Military Government. Also, Now First Published, War Claims of Aliens with Notes on the Acts of the Executives & Legislative Departments During Our Civil War & a Collection of Cases Decided in the National Courts. 1864. Tenth edition. Boston: Little, Brown, and Company, 1864. xvii, 342 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 99-049360. ISBN 1-58477-055-4. Cloth. $80. * Whiting's writings are widely believed to have profoundly affected President Lincoln's war actions. In Whiting's legal theories regarding war powers and the abolition of slavery espoused here Lincoln found justification for the Emancipation Proclamation, and the constitutional authority to abolish slavery. Simply stated, Whiting held that the abolition of slavery is constitutionally appropriate when viewed not as the objective end of the war, but as a means to end the rebellion in order to save the republic. His writing style was geared to the average reader, and this popular style, along with the tremendous influence of his writings led to the work going through 43 editions in less than a decade. This, the tenth edition is based on his earlier work, The War Powers of the President and the Legislative Powers of Congress, in Relation to Rebellion, Treason and Slavery (1862) which is thought to have been the work that originally brought Whiting to Lincoln's attention and led to his appointment as Solicitor of the War Department. This edition includes various unpublished sensitive documents that he handled in the course of that position. |
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Act of Congress acts of hostility allegiance arms army and navy authority belligerent rights bill of attainder blockade capture civil civil war claim clause commander commander-in-chief committed common defence confiscation conquered conquest constitution corruption of blood courts martial crime criminal declared deemed Department districts duty emancipation enemy's ernment established execution exercise existence foreign forfeiture habeas corpus imprisonment inhabitants institution insurrection interfere judge judicial jurisdiction jury justice land law of nations lawfully laws of war legislation Leitensdorfer liable limits loyal citizens martial law means ment military arrests military government military power militia necessary offence officer party pass peace penalties persons port power of Congress President prisoners prisoners of war private property proceedings proclamation public enemy punishment question rebellion rebels recognized regulations rules Sect seized slavery slaves sovereign statutes suppress Supreme Court territory thereof tion traitors treason treaty tribunals Union United
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Página 298 - Portsmouth and which excepted parts are for the present left precisely as if this proclamation were not issued and by virtue of the power and for the purpose aforesaid i do order and declare that all persons held as slaves within said designated states and parts of states are and henceforward shall be free and that the executive government of the united states including the military and naval authorities thereof will recognize and maintain the freedom of said persons...
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 143 - If a war be made by invasion of a foreign nation, the President is not only authorized but bound to resist force by force. He does not initiate the war, but is bound to accept the challenge without waiting for any special legislative authority.
Página 151 - February 28, 1795, provided, that, " in case of an insurrection in any State against the government thereof, it shall be lawful for the President of the United States, on application of the legislature of such State or of the executive, when the legislature cannot be convened, to call forth such number of the militia of any other State or States, as may be applied for, as he may judge sufficient to suppress such insurrection.
Página 128 - State, and shall be returned as there shall be occasion for them, from such parts of the district from time to time as the Court shall direct, so as shall be most favorable to an impartial trial, and so as not to incur an unnecessary expense or unduly to burthen the Citizens of any part of the district with such services.
Página 255 - 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; and that I will in like manner abide by and faithfully support all proclamations of the President made during the existing rebellion having reference to slaves, so long and so far as not modified or declared void by decision of the Supreme Court. So help...
Página 256 - And still further, that this Proclamation is intended to present the people of the States wherein the national authority has been suspended, and loyal State governments have been subverted, a mode in and by which the national authority and loyal State governments may be re-established within said States or in any of them, and while the mode presented is the best the Executive can suggest with his present impressions, it must not be understood that no other possible mode would be acceptable.
Página 137 - And when the senators and representatives of a State are admitted into the councils of the Union, the authority of the government under which they are appointed, as well as its republican character, is recognized by the proper constitutional authority. And its decision is binding on every other department of the government, and could not be questioned in a judicial tribunal.