The Case of the Seneca Nation Stated By Counsel At Buffalo March 15th 1921

Cover The Case of the Seneca Nation Stated By Counsel At Buffalo March 15th 1921
The Case of the Seneca Nation Stated By Counsel At Buffalo March 15th 1921
George Palmer Decker
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1). The constitution presumes no- where to confer power on its judiciary or indeed on any other hrancii of the government, to extend sovereignty in times of 25 peace over the domain of other peoples by aggressive operations. The inherent power of the United States, like that of any sepa- rate people, to engage in conquest by war. Is a power derived from their might and presumes resistance of the people to be conquered. It does not arise from law and is exercised by wag- ing of war. It is not a ...power bestowed on any people by any con- stitution which they may devise for themselxe^ That the agency for the United States to declare war is vested by the constitution in a particular department only of its government, is quite another matter, but an important one here. The right to order the people of the United States into war is the prerogative of congress alone under the constitution. When it acts, its decree must be executed by the war agencies, — the army and the navy. Congress, if it wished to do so, would have no authority to substitute the courts, which are restricted by the constitution itself to the performance of judicial functions with their marshals and writs, for the army and navy in the enterprise of war.

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