Principles of Public Law - gyqacyxaja.cf - The University of Queensland, Australia
The powers of the President, as Commander-in-Chief of the Military and Naval forces of the United States, are very extensive in time of war with foreign enemies or in rebellion with traitors in arms or civil war. The Supreme Court of the United States decided that the civil Government organized over conquered Mexico by the President, and administered by our naval and military officers, was legal and effectual, as well as the establishment of a tariff in the conquered ports.
Gardner's Institutes, , , , , These authorities and the common judgment of all patriotic men show the correctness of the following principles of public law:.
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That an American army in a hostile foreign country or rebel State, which resorts to violence, to attacks on the National Army, to destruction of bridges, railroads and telegraphs, to cripple the power of the Federal Government and of its armed defenders and supporters, is vested, with full military jurisdiction, so far as the President shall order, as Commander-in-Chief, to displace the civil and enforce a military Government.
Self-defence, a universal right, shows the propriety of this rule.
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Gardener's Institutes, p. That such power extends to all civil and criminal offences, to the extent of such order, including those that are capital. The President will, of course, use the power with caution and a sound discretion.
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That if martial law is so ordered to be proclaimed in a rebellious State or city, either in arms or ready to take arms, to attack the Federal forts, forces or Capital, or that furnishes soldiers or munitions to the rebels, the military officer in command may establish a civil military government and enforce it by arrests and trial by Court martial, and even condemn traitors to death if the sentence is approved by the President. Of necessity no habeas corpus will be regarded where arrests are so made by the President's order.
This writ, in its legal application, must not be allowed to become an ally of rebels and traitors, a destroyer of freedom, instead of its defender. By virtue of this high martial power, in time of war and rebellion, the President and officers acting under him may destroy property, public or private, to keep it from the use of a rebel or enemy, or he may close all the rebel ports, and prevent all coasting and foreign trade; and may stop all commerce with rebel States, to destroy the resources of the rebels, and compel obedience to the National Government, lb.
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By the same martial power, the President may march the United States forces into and through any State, and form camps therein, to attack the rebels and put down their forcible resistance to the Federal authority; or he may station them in any State and erect forts there, for that or any other national object, and a forcible opposition to such Government acts by any citizen of any State is treason. Gardiner's Institutes, pp.
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