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actual operations actual service arbitrary power army and navy article of war assert best subdue chief magistrate cial commander-in-chief Constitution and laws Courts-Martial declaration disloyal persons duty enlisted entire country entire social condition executive control executive decree EXECUTIVE POWER exercise existing extend martial law extent field force free government general-in-chief habeas corpus held to service judicial law extends lawfully laws enacted legislative power liable limits means ment military commander military commission military edicts military law military power militia necessary obey officer opinion particular military operations persons held Petition of Right powers not delegated practical effect President principles private property proclamation of emancipation proclamations and orders property of citizens proposed public affairs punishment Secretary Secretary of War special provost marshals subdue the enemy subordination supposed supreme law suspend thereof tion and laws Tytler on Military United usurp valid laws vast powers vost marshal war department wise writ of habeas
Page vi - Second. That the writ of habeas corpus is suspended in respect to all persons arrested, or who are now, or hereafter during the rebellion shall be, imprisoned in any fort, camp, arsenal, military prison, or other place of confinement by any military authority, or by the sentence of any court-martial or military commission.
Page v - That the Executive will, on the first day of January aforesaid, by proclamation, designate the States and parts of States, if any, in which the people thereof respectively shall then be in rebellion against the United States ; and the fact that any State, or the people thereof shall on that day be in good faith represented in the Congress of the United States, by members chosen thereto at elections wherein a majority of the qualified voters of such...
Page vi - In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed. Done at the city of Washington, this...
Page 26 - It is the will of a military commander operating without any restraint, save his judgment, upon the lives, upon the property, upon the entire social and individual condition of all over whom this law extends.
Page 25 - Military law is that system of laws enacted by the legislative power for the government of the army and navy of the United States, and of the militia when called into the actual service of the United States.
Page 29 - ... they may be called, they are laws. If he have the legislative power, conferred on him by the people, it is well. If not, he usurps it. He has no more lawful authority to hold all the citizens of the entire country, outside of the sphere of his actual operations in the field, amenable to his military edicts, than he has to hold all the property of the country subject to his military requisitions. He is not the military commander of the citizens of the United States, but of its soldiers.
Page 27 - And, in time of war without any special legislation, not the commanderin-chief only, but every commander of an expedition, or of a military post, is lawfully empowered by the Constitution and laws of the United States to do whatever is necessary, and is sanctioned by the laws of war, to accomplish the lawful objects of his command.
Page v - Understand, I raise no objections against it on legal or Constitutional grounds, for, as Commander-inChief of the Army and Navy, in time of War, I suppose I have a right to take any measure which may best subdue the Enemy...
Page 12 - South is broken, and they submit themselves to their duty to obey, and our right to have obeyed, the Constitution of the United States, as
Page 25 - By it, every citizen, instead of reposing under the shield of known and fixed laws as to his liberty, property and life, exists with a rope round his neck, subject to be hung up by a military despot at the next lamp-post, under the sentence of some drum-head courtmartial. (See Simmons' Pract. of Courts-Martial, 40.) See such a trial in Hough on Courts-Martial, 383, where the victim on the spot was "blown away by a gun," "neither time, place, nor persons considered.