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

William Whiting

Lee and Shepard, 1871 - Executive power - 695 pages

Contents

• Indemnity is required: 16
• Indemnity to Mormons: 22
• When Congress has power under the Constitution to abolish slavery: 28
• War powers of Congress: 34
• Has government full war powers against rebel citizens ?: 40
• 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
• Et post facto laws prohibited bills of pains and penalties as well: 88
• Treason: 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 OF 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: 257
• Government why it is essential to secure a conquest: 263
• CHAPTER II: 269
• Military tribunals: 275
• Military commissions: 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
• What laws of the invading country extend ipso vigore over the subju: 321
• WAR CLAIMS: 327
• Division of aliens into six classes: 333
• Lord Palmerstons opinion as to liability of the United States for damage: 336
• Domicile constructive or mercantile: 342
• 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
• Harsberg and Steifel April 20 1863: 358
• A Kernahan: 359
• H H Thompson April 24 1863 300: 360
• Wylie Co Liverpool May 28 1863: 362
• Mrs Eugenia Bass: 363
• Captain Sherwin July 1 1863: 365
• Notes 390512: 368
• Simon Queyrouse December 5 1863: 371
• 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 Carré December 12 1864: 387
• George Cameron November 11 1864 338: 388
• Cowen Dickinson December 12 1864: 389
• Cases decided in the United States Courts 512610: 390
• Slaves in the army Policy of the government in regard to compensa: 405
• Confederate act respecting alien enemies: 409
• Confederate sequestration: 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 joint resolutions on retaliation: 449
• 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 r Georgia as stated in 6 Wallace 73: 529
• Ex parte Milligan 4 Wallace 106: 536
• Es parte Milligan remarks on 460: 556
• Er parte Garland 4 Wallace 374: 565
• Johnson 4 Wallace 497: 579
• Mauran r 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
• General rules of the law of war 334336: 620
• Outline of the judicial history of the right of capture of enemys proper: 622
• 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
• Military commissions as regarded by the Supreme Court and by Con: 658
• As to local laws in conquered districts whether the municipal laws: 661
• Letter to Hon E B Washburn relating to claims against the govern: 668
• What they are and when they cease to be so 132: 675

Popular passages

Page 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.

Page 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...

Page 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...

Page 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.

Page 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.

Page 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.

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 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.

Page 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.

Page 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...

Bibliographic information

• Title: War Powers Under the Constitution of the United States: Military Arrests, Reconstruction, and Military Government
• Author: William Whiting
• Edition: 43
• Publisher: Lee and Shepard, 1871
• Original from: the University of California
• Digitized: Oct 26, 2007
• Length: 695 pages