Posted by New Kid on September 26, 1998 at 12:30:28:
In Reply to: E.O. 14th posted by KatNip on September 26, 1998 at 00:28:50:
: Executive Order Title List (14th Amendment).
: “6: July 20* [1868]. Ratification of the 14th Amendment certified as valid, provided the consent of Ohio and New Jersey be deemed as remaining in force despite subsequent withdrawal. *Signed by William H. Seward, Secretary of State. Has form of a proclamatiom.”
:
: “7: July 28* [1868]. 14th Amendment certified as in effect and ordered published. *Signed by William H. Seward, Secretary of State.” Presidential Executive Orders, pp. 1-2, Vol. I, Publ. Books, Inc. (1944).
Excerpts from Paul's U.S. v Knudson:
" Congress passed the Reconstruction Act, which provided for the military occupation of 10 of the 11 southern states. It excluded Tennessee from military occupation, and one must suspect it was because Tennessee had ratified the Fourteenth Amendment on July 7, 1866."
"By spurious, nonrepresentative governments seven of the southern states which had theretofore rejected the proposed amendment under the duress of military occupation and of being denied representation in Congress did attempt to ratify the proposed Fourteenth Amendment."
Consequently, we have Thaddeus Stevens' statement:
"The belligerent character of the Southern States was recognized by the United States.... The Southerners should be treated as a conquered alien enemy, the property of their leaders seized and appropriated to the payment of the national debt. This can be done without violence to the established principles only on the theory that the southern States were severed from the Union and were an independent government de facto, and an alien enemy to be dealt with according to the laws of war. Absurd to think of trying the leaders for treason. That would be acting under the Constitution....
"No reform can be effected in the Southern States if they have never left the Union.... But by treating them as an outside, conquered people, they can be refused admission to the Union unless they voluntarily do what we demand."
The Lieber Code
Washington, D.C., April 24, 1863
Instructions for the Government of Armies of the United States in the Field by Order of the Secretary of War:
Article III
Martial Law in a hostile country consists in the suspension, by the occupying military authority, of the criminal and civil law, and of the domestic administration and government in the occupied place or territory, and in the substitution of military rule and force for the same, as well as in the dictation of general laws, as far as military necessity requires this suspension, substitution, or dictation.The commander of the forces may proclaim that the administration of all civil and penal law shall continue either wholly or in part, as in times of peace, unless otherwise ordered by the military authority.
United States Army Field Manual 27-10 Chapter 6 Occupation:
368. Nature of Government
It is immaterial whether the government over an enemy's territory consists in a military or civil or mixed administration.
Its character is the same and the source of its authority the same.
It is a government imposed by force, and the legality of its acts is determined by the law of war.
371. Nature of Laws Suspended or Repealed
The occupant may alter, repeal, or suspend laws of the following types:
a. Legislation constituting a threat to its security, such as laws relating to recruitment and the bearing of arms.
b. Legislation dealing with political process, such as laws regarding the rights of suffage and of assembly.
c. Legislation the enforcement of which would be inconsistent with the duties of the occupant, such as laws establishing racial discrimination.