War Powers Under the Constitution of the United States |
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Page iii
... judge expedient " to provide for the common defence and general welfare . " This construction was held to be the true one by many of the original framers of the constitution and their associates ; among them was George Mason of Virginia ...
... judge expedient " to provide for the common defence and general welfare . " This construction was held to be the true one by many of the original framers of the constitution and their associates ; among them was George Mason of Virginia ...
Page ix
... judge how and when to use it .. Powers of the President not inconsistent with powers of Congress to emancipate slaves ... Is liberation of enemy's slaves a belligerent right ? .................. . The law of nations sanctions ...
... judge how and when to use it .. Powers of the President not inconsistent with powers of Congress to emancipate slaves ... Is liberation of enemy's slaves a belligerent right ? .................. . The law of nations sanctions ...
Page xvi
... Judge Peabody , Sequestration Commission . 284 Jurisdiction of such courts .. Does the Constitution prohibit such procedures ? ... Rebels - What rights they claim ..... 66 What rights are conceded to them ...... .. 287 288 290 292 ...
... Judge Peabody , Sequestration Commission . 284 Jurisdiction of such courts .. Does the Constitution prohibit such procedures ? ... Rebels - What rights they claim ..... 66 What rights are conceded to them ...... .. 287 288 290 292 ...
Page 9
... judges believe that it more resembles the tree itself , -native to the soil that bore it , waxing strong in sunshine and in storm , putting forth branches , leaves , and roots , according to the laws of its own growth , and flourishing ...
... judges believe that it more resembles the tree itself , -native to the soil that bore it , waxing strong in sunshine and in storm , putting forth branches , leaves , and roots , according to the laws of its own growth , and flourishing ...
Page 31
... judges as to the occa- sions when it shall be exercised , and from whose judg- ment there is no appeal . The right to " just compen- sation " for private property so taken , depends upon the circumstances under which it is taken , and ...
... judges as to the occa- sions when it shall be exercised , and from whose judg- ment there is no appeal . The right to " just compen- sation " for private property so taken , depends upon the circumstances under which it is taken , and ...
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Other editions - View all
Common terms and phrases
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
Popular passages
Page 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...
Page 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.
Page 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.
Page 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.
Page 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.
Page 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.
Page 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...
Page 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.
Page 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...
Page 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.