WAR POWERS UNDER THE CONSTITUTION OF THE UNITED STATES

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Contents

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
Belligerent right to confiscate enemys real estate
62
Powers of the President not inconsistent with powers of Congress
68
Authority and usage confirm the right
74
War powers of the President in general
82
Ex post facto laws prohibitedbills of pains and penalties as well
88
CHAPTER V
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 OP 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
MILITARY GOVERNMENT OF HOSTILE TER
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
The suppression of the present rebellion is not the conquest of a foreign
321
WAR CLAIMS
329
Enemies coming into a belligerent country before or after the war began
335
Lord Palmerstons opinion as to liability of the United States for damage
336
Domicile constructive or mercantile
342
Neutral aliens nonnaturalized domiciled in rebel States before the war
343
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
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 Carre December 12 1864
387
George Cameron November 11 1864
388
Cowen Dickinson December 12 1864
389
Notes 390512
390
President Lincolns Proclamations on the same subject Note 2 400405
400
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
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
Aliens owning plantation in enemys country cannot withdraw its pro
506
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 Millignn 4 Wallace 106
536
Ex parte Milligan remarks on 460
556
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
Subjects of belligerents cannot transfer allegiance flagrante hello so
619
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 216
656
Abuse of power of arrests 170
657
As to local laws in conquered districts whether the municipal laws
661
Plan adopted by President Lincoln in his message and proclamation
673
What they are and when they cease to be so 132
675
Safeguards against abuse of arrests 170
692
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Page 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...
Page 404 - St. Mary, St. Martin, and Orleans, including the city of New Orleans), Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina...
Page 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...
Page 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.
Page 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.
Page 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...
Page 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.
Page 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...
Page 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.
Page 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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