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The War Powers of the President and the Legislative Powers of Congress, in ...
Uten tilgangsbegrensning - 1863
allegiance army and navy attainder of treason authority belligerent rights bill of attainder bills of pains captured civil claim clause commander-in-chief committed common defence common law confiscation consequences of attainder constitution construed convicted corrupt blood corruption of blood crime criminal death deemed deny deprived domestic duty effect emancipation enemy enemy's slaves ernment ex post facto execution exercise express terms forfeiture framers indemnity institution of slavery interfere with slavery judges judgment jury labor and service law of nations lawfully laws of war legislation legislature levying liable liberty limited loyal citizens martial law masters means ment military militia necessary offender outlawry pains and penalties party pass laws peace post facto law power of Congress praemunire President prisoners of war private property provides public enemy public welfare punish treason punishment of treason question real estate Sect seize standing law statute tion traitors treaty Union United
Side 126 - 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.
Side 135 - And when the senators and representatives of a State are admitted into the councils of the Union, the authority of the government under which they are appointed, as well as its republican character, is recognized by the proper constitutional authority. And its decision is binding on every other department of the government, and could not be questioned in a judicial tribunal.
Side 118 - 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.
Side 35 - 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.
Side 34 - necessary" was used in that strict and rigorous sense for which the counsel for the State of Maryland contend, it would be an extraordinary departure from the usual course of the human mind, as exhibited in composition, to add a word, the only possible effect of which is to qualify that strict and rigorous meaning...
Side 81 - I lay this down as the law of nations. I say that military authority takes, for the time, the place of all municipal institutions, and slavery among the rest; and that, under that state of things, so far from its being true that the States where slavery exists have the exclusive management of the subject, not only the President of the United States, but the commander of the army, has power to order the universal emancipation of the slaves.
Side 35 - These powers ought to exist without limitation ; because it is impossible to foresee or define the extent and variety of national exigencies, or the correspondent extent and variety of the means which may be necessary to satisfy them. The circumstances that endanger the safety of nations are infinite ; and for this reason no constitutional shackles can wisely be imposed on the power to which the care of it is committed.
Side 36 - That, for example, of raising revenue and applying it to national purposes, is admitted to imply the power of conveying money from place to place, as the exigencies of the nation may require, and of employing the usual means of conveyance.
Side 53 - That war gives to the sovereign full right to take the persons and confiscate the property of the enemy wherever found, is conceded. The mitigations of this rigid rule, which the humane and wise policy of modern times has introduced into practice, will more or less affect the exercise of this right, but cannot impair the right itself.
Side 135 - Under this article of the Constitution it rests with Congress to decide what government is the established one in a State ; for as the United States guarantee to each State a republican government, Congress must necessarily decide what government is established in the State before it can determine whether it is republican or not.