Military Contributions Report, 1849 (Classic Reprint)
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Produktbeschreibung
Excerpt from Military Contributions Report, 1849 This justificationr ests, and rests alone, upon the assumption that all belligerent rights with which a state of war invests the nation may be rightfully exercised by him, after a general declaration of war, without any further legislation. This position, though broad, is not broader than is necessary to cover the powers assumed and exercised by the President. He argues with zeal, with ingenuity and with ability, that the United States "upon the declaration of war against Mexico by Congress, were entitled to all the right´s which any other nation at war would have possessed." We fully concur with him in this opinion, and further we admit, that the acts for which he is now called in question were within the rightful powers of the nation, and undoubtedly belong to all sovereign States. They are attributes of sovereignty which nobody disputes. But the true question is, to what department of the government is the exercise of these powers confided? The proper decision of this question must depend, in our case, upon our own constitution. This is equally true in all constitutional governments. In despotic governments, these powers necessarily belong to the despot, for in him vests the sovereignty of his people. In England, these powers, under certain limitations, are acknowledged prerogatives of the crown. This right of demanding contributions from the enemy, which the President attempts to expand to sufficient dimensions to cover these illegal transactions, is undoubtedly a belligerent right, but it belongs to sovereigns, and has been universally exercised and sometimes regulated by them, and by them alone. Vattel relates in the same chapter from which the President quotes, that during the long wars of France, in the reign of Louis XIV., "the sovereigns being respectively interested in the preservation of the country, used, on the commencement of the war, to enter into treaties for regulating the contributions on a supportable footing. "This was preventing a multitude of disorders and enormities, committed on quiet people, and generally without the least advantage to the sovereigns at war." This principle obtains universal acceptance among all approved publicists. The powers conferred by the people upon this government are "limited and enumerated" in a written constitution. Whatever power is claimed by the President or any other department, or all other departments of the government, must be found here or it does not ∃ it must be found here or belongs "to the States respectively," or remains in abeyance with the people. The executive can claim powers only by this grant from the people. The President refers to this source of authority, and in this connexion cites two clauses of the constitution, to wit: the one which constitutes him "commander in-chief of the army and navy," and that which imposes the duty upon him "to take care that the laws be faithfully executed." About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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