Outlines of the Constitutional Jurisprudence of the United States; Designed As a Text book for Lectures, As a Class book for Academies And Common Schools, And As a Manual for Popular Use

Cover Outlines of the Constitutional Jurisprudence of the United States; Designed As a Text book for Lectures, As a Class book for Academies And Common Schools, And As a Manual for Popular Use
Outlines of the Constitutional Jurisprudence of the United States; Designed As a Text book for Lectures, As a Class book for Academies And Common Schools, And As a Manual for Popular Use
William Alexander Duer
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They are in the nature of a Commission granted by the Government to particular Citizens, ai»^ thorizing them to seize the bodies or goods of citizens of the offending Nation, wherever they may be found, until satisfaction be made.
424. The necessity of calling in the Sovereign Power to determine when this proceeding may be resorted to, is obvious ; as otherwise every private individual might act as a judge in his own cause, and at his pleasure involve the Nation he belongs to in "war to avenge
...his private injury.
425. The Power of making ^^-rules concerning Cap-- tures on. Land and Water*' which is superadded to the Power of declaring war, is not confined to cap- tures made beyond the territorial limits of the United States; but comprehends rules respecting the pro^ perty of an enemy found within those limits.
426. It is an express grant to Congress ©f the Power of confiscating such property, as an independ- ent substantive Power, not included in the Power to declare war.
427. When a war breaks out, the question as to the disposition of enemy's property in the country is a question of policy for the consideration of the Na- tional Legislature, and not proper for the considera- tion of the Judiciary, which can only pursue the Law as it is written.


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