Laws of War

[Rob9641]

Interesting article in the NY Times today about the "laws of war" after emancipation: http://opinionator.blogs.nytimes.com/2012/09/21/freedom-and-restraint/?ref=opinion

 

[Shadow9216]

Very interesting, thanks for posting.

 

[Copperhead-mi]

Lincoln may have had a precedent to order a general emancipation in the areas remaining in rebellion whether he realized it or not based on the 1814 U.S. Supreme Court decision in Brown v. United States - 12 U.S. 110. This case was the result of the United States government's seizure of British lumber in Massachusetts during the War of 1812. The plaintiff, Armitz Brown, claimed the United States did not have authority to confiscate enemy property within the United States. Chief Justice John Marshall wrote in his opinion that "[r]especting the power of government, no doubt is entertained. That war gives to the sovereign full right to take the persons and confiscate the property of the enemy, wherever found, is conceded"

Marshall sided with the court's majority who ruled in favor of Brown because neither Congress or the president as commander-in-chief, had authorized the seizure.