The Character And Conduct of the War

Cover The Character And Conduct of the War
The Character And Conduct of the War
Everett Pepperell Wheeler
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We exchange prisoners, even privateersmen, and in the laws of war, justification is sought for all assumptions of the executive. This view of the subject is unquestionably correct. The law of England is clear, as authorities are abundant to show. * * A reference to the authorities on this? subject may not be uninteresting. In the -first place, it is established that . The settlers of this country brought with them such portions of the common law and the statutes in force in Eng- land as were ap...plicable to their condition.
1 Story, Const. § 157. Declaration of Rights, Congress of 1774. Chalmers' Colonial Op. 206, 207. 1 Kent Comm. 472, 473.
This is especially true where English statutes have been re-enacted. In such cases the doctrine is that the well-settled English construction will be adopted here, and is presumed to have been the intent of the legislature. ■ 2 Story, Const. § 1799. Waterford and Whitehall Turnpike Co. V. The People, 9 Barbour 161. Tennock v. Dialogue, 2 Peters (tf.


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