War Powers Under the Constitution of the United States: Military Arrests, Reconstruction, and Military Government

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Lee and Shepard, 1871 - 695 páginas
 

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The Constitution allows confiscation
54
Rhode Island v Massachusetts 12 Peters 651
63
CHAPTER III
66
Authority and usage confirm the right
74
Montgomery 18 Howard 112
79
War powers of the President in general
82
Ex post facto laws prohibited bills of pains and penalties as well
88
Treason
95
Consequences of attainder
100
Technical language how construed
106
Treason statutes against it how administered
112
All attempts to overturn governments should be punished
118
Treason and confiscation laws in 1862 their practical operation
126
433
127
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
PREF Ace 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
522
241
Rights of rebels to be settled according to the laws of war
242
Plan of reconstruction recommended
248
MILITARY GOVERNMENT OF HOSTILE TER
259
There must be military government or no government
266
Webb 20 Howard 177
271
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
Lord Palmerstons opinion as to liability of the United States for damage
336
531
338
Domicile constructive or mercantile
342
Enemys property even if some of the owners are loyal citizens of
348
Opinions of Sir William Scott and of the Supreme Court of the United
349
Test questions on examination of claims by the Departments 356
356
1437
358
Notes 390512
368
Alienage
374
Draft of Bill as to alien claims April 18 1864
381
Antoine Carré December 12 1864
388
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 sequestration act
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
Aliens owning plantation in enemys country cannot withdraw its pro
506
Ez parte Vallandigham
531
Ez parte Milligan remarks on
565
Johnson 4 Wallace 497
579
Insurance Company 6 Wallace 14
587
Aliens though neutral if they do not withdraw but remain subjects
613
Subjects of belligerents cannot transfer allegiance flagrante bello so
619
Guthrie
623
The Grapeshot 7 Wallace 563
643
Foreign enemies engaged in commerce 335
646
Confiscation The views of President Lincoln on this subject and
651
See also Kees v Tod C C P Ohio
656
As to local laws in conquered districts whether the municipal laws
661
What they are and when they cease to be so 132
675
384
680
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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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