War Powers Under the Constitution of the United States

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Little, Brown, 1864 - Executive power - 342 pages
 

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Page 298 - 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 255 - ... of the state existing immediately before the socalled act of secession, and excluding all others, shall re-establish a state government which shall be republican, and in no wise contravening said oath, such shall be recognized as the true government of the state...
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 340 - And shall have exclusively all such jurisdiction of suits or proceedings against ambassadors or other public ministers, or their domestics, or domestic servants, as a court of law can have or exercise consistently with the law of nations; and original, but not exclusive jurisdiction of all suits brought by ambassadors or other public ministers, or in which a consul or vice-consul shall be a party.
Page 256 - 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 256 - 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...
Page 127 - That in cases punishable with death, the trial shall be had in the county where the offence was committed, or where that cannot be done without great inconvenience, twelve petit jurors at least shall be summoned from thence.
Page 337 - ... violated; that sense of justice and of right which is acknowledged and felt by the whole civilized world would be outraged, if private property should be generally confiscated, and private rights annulled. The people change their allegiance; their relation to their ancient sovereign is dissolved; but their relations to each other, and their rights of property, remain undisturbed.
Page 255 - I, , do solemnly swear, in the 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 216 - And such copies being filed as aforesaid in such court of the United States, the cause shall proceed therein in the same manner as if it had been brought in said court by original process...

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