War Powers Under the Constitution of the United StatesLittle, Brown, 1864 - 342 páginas |
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Página xii
... criminal prose- cution ... ...... 182 66 on what ground justifiable .. 186 66 necessity of ...... 188 66 of innocent persons 190 66 to prevent hostilities . ...... 193 66 cause of arrest cannot always be disclosed .. 193 66 made by all ...
... criminal prose- cution ... ...... 182 66 on what ground justifiable .. 186 66 necessity of ...... 188 66 of innocent persons 190 66 to prevent hostilities . ...... 193 66 cause of arrest cannot always be disclosed .. 193 66 made by all ...
Página xiii
... criminal prosecutions 66 64 need not always disclose cause of arrest . 66 66 66 66 182 193 their duty in case of service on them of habeas corpus .. 202 MILITARY CRIMES 44 :: instructions of War Department ..... - or crimes of war ...
... criminal prosecutions 66 64 need not always disclose cause of arrest . 66 66 66 66 182 193 their duty in case of service on them of habeas corpus .. 202 MILITARY CRIMES 44 :: instructions of War Department ..... - or crimes of war ...
Página 12
... criminals be able to resume their rights to the same political supe- riority over the citizens of Free States , which , as the only " privileged class , " they have hitherto enjoyed ? Have they who alone have made this rebellion , while ...
... criminals be able to resume their rights to the same political supe- riority over the citizens of Free States , which , as the only " privileged class , " they have hitherto enjoyed ? Have they who alone have made this rebellion , while ...
Página 84
... criminals . The popular sense of outraged justice will embody itself in more or less stringent legislation against those who have brought civil war upon us . It would be surprising if extreme severity were not demanded by the supporters ...
... criminals . The popular sense of outraged justice will embody itself in more or less stringent legislation against those who have brought civil war upon us . It would be surprising if extreme severity were not demanded by the supporters ...
Página 85
... 92 . Lord Coke undertakes to justify the severity of this punishment by examples drawn from Scripture . a large class of persons , criminals , in time ATTAINDER . 85 Attainders prohibited as inconsistent with constitutional liberty.
... 92 . Lord Coke undertakes to justify the severity of this punishment by examples drawn from Scripture . a large class of persons , criminals , in time ATTAINDER . 85 Attainders prohibited as inconsistent with constitutional liberty.
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Términos y frases comunes
act of Congress acts of hostility allegiance arms army and navy attainder of treason authority belligerent rights bill of attainder blockade capture civil civil war claim clause commander-in-chief committed common defence common law confiscation constitution convicted corruption of blood crime criminal death declared deemed districts duty effect emancipation enemy's ex post facto execution exercise existence force foreign habeas corpus imprisonment institution of slavery insurrection interfere judge judicial jury justice law of nations lawfully laws of war legislation levying liable liberty limits loyal citizens martial law means ment military arrests military power militia municipal necessary necessity offence officer party peace penalties persons power of Congress President prisoners prisoners of war proceedings proclamation provides public enemy punish treason punishment of treason question real estate rebellion rebels recognized Sect seized slavery slaves sovereign statute suppress Supreme Court territory thereof tion traitors treated Union United
Pasajes populares
Página 293 - 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 247 - I repeat the declaration made a year ago, that " while I remain in my present position I shall not attempt to retract or modify the emancipation proclamation, nor shall I return to slavery any person who is free by the terms of that proclamation, or by any of the acts of Congress.
Página 251 - 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 140 - 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 322 - But the genius and character of our institutions are peaceful, and the power to declare war was not conferred upon Congress for the purposes of aggression or aggrandizement, but to enable the general government to vindicate by arms, if it should become necessary, its own rights and the rights of its citizens.
Página 125 - 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 250 - 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...
Página 251 - 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 297 - States, or who shall in any way give aid or comfort thereto, escaping from such persons and taking refuge within the lines of the army, and all slaves captured from such persons or deserted by them and coming under the control of the Government of the United States...
Página 203 - The authorities essential to the care of the common defence, are these: to raise armies; to build and equip fleets; to prescribe rules for the government of both; to direct their operations; to provide for their support.