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C. Edwards Lester, Life and public services of Charles Sumner: Born Jan. 6, 1811. Died March 11, 1874., Section Eighth: the war of the Rebellion. (search)
s by the urgent necessity of suppressing a Rebellion—the distinction must be very clearly drawn, and the civil power must come in the first moment the opportunity occurred, and the military power be withdrawn. Then comes in the power of Congress to establish Provisional Governments; and even these provisional governments must hold sway no longer than the voice of the people who are to be governed, shall be heard in the appointment of their own Governors. On this point the opinion of Chancellor Kent is quoted: Though the Constitution vests the executive power in the President, and declares him Commander-in-Chief of the army and navy of the United States, these powers must necessarily be subordinate to the legislative power in Congress. It would appear to me to be the policy or true construction of this simple and general grant of power to the President, not to suffer it to interfere with those specific powers of Congress which are more safely deposited in the legislative depar
s by the urgent necessity of suppressing a Rebellion—the distinction must be very clearly drawn, and the civil power must come in the first moment the opportunity occurred, and the military power be withdrawn. Then comes in the power of Congress to establish Provisional Governments; and even these provisional governments must hold sway no longer than the voice of the people who are to be governed, shall be heard in the appointment of their own Governors. On this point the opinion of Chancellor Kent is quoted: Though the Constitution vests the executive power in the President, and declares him Commander-in-Chief of the army and navy of the United States, these powers must necessarily be subordinate to the legislative power in Congress. It would appear to me to be the policy or true construction of this simple and general grant of power to the President, not to suffer it to interfere with those specific powers of Congress which are more safely deposited in the legislative depar