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(Chicago: Callaghan & Co., 1910), p. 930n, quot-

73. Act of Congress of July 13, 1861, ibid. at 695.

ing from his interview with Hayes.

74. Ibid. at 695.

86. McKinley's predecessor, President Grover

75. Abraham Lincoln, "To the Senate and House of

Cleveland, issued 71 executive orders (second

Representatives, May 26, 1862," reprinted in The

term), while President Benjamin Harrison issued

Collected Works of Abraham Lincoln, ed. Roy P. Basler

only 6. Ibid.

et al. (New Brunswick, N.J.: Rutgers University

87. Senate Special Committee on National

Press, 1953), 5:241, quoted in Jill E. Hasday, "Civil

Emergencies, Executive Orders in Times of War, pp.

War as Paradigm: Reestablishing the Rule of Law at

26­27.

the End of the Cold War," Kansas Journal of Law and

Public Policy 5 (1996): 130.

88. Theodore Roosevelt, An Autobiography (New

York: Scribner, 1926), quoted in Senate Special

76. Senate Special Committee on National

Committee on National Emergencies, Brief History

Emergencies and Delegated Emergency Powers,

of Emergency Powers, p. 2.

A Brief History of Emergency Powers in the United

States, 93rd Cong., 2d sess., 1974, Committee

89. Ibid.

Print, p. 12.

90. Frederick Drinker and Jay Mowbray, Theodore

77. "An Act to increase the Pay of the Privates in

Roosevelt, His Life and Work (Washington: National

the Regular Army and in the Volunteers in the

Publishing Co., 1919), p. 201.

Service of the United States, and for other

Purposes" (August 6, 1861), quoted in Hasday,

91. Ibid., p. 181. In Roosevelt's defense, it was stat-

p. 130.

ed that President Cleveland had previously taken

the same action by presidential directive with

78. Senate Special Committee on National

regard to Mexican War veterans.

Emergencies, Brief History of Emergency Powers,

pp. 12­13.

92. Senate Special Committee on National Emer-

gencies, Brief History of Emergency Powers, p. 41.

79. Swayne & Hoyt v. United States, 300 U.S. 297

(1937). Citations omitted, ellipsis in original.

93. Senate Special Committee on National

Emergencies and Delegated Emergency Powers,

80. The Supreme Court has identified an extra-

Emergency Powers Statutes, SR 93-549, 93d Cong.,

constitutional presidential "war power" over con-

1st sess. (Washington: Government Printing

quered territory, and that directive exists until the

Office, 1974), p. 2.

ratification of a treaty of peace. See, for example,

Dooley v. United States, 182 U.S. 222 (1901).

94. Senate Committee on Government Opera-

tions and Special Committee on National Emer-

81. A July 22, 1862, draft of the Emancipation

gencies and Delegated Emergency Powers, The

Proclamation cited a statutory authority. It

National Emergencies Act, 94th Cong., 2d sess., 1976,

began: "In pursuance of the sixth section of the

Committee Print, p. 1. Once a state of national

Act of Congress entitled `An Act to suppress

emergency had been declared, statutory provi-

insurrection and to punish treason and rebellion,

sions that delegated extraordinary authority to

to seize and confiscate property of rebels, and for

the president became activated.

other purposes' approved July 17, 1862, and

which Act, and the Joint Resolution explanatory

95. Senate Special Committee on National

thereof, are herewith published, I, Abraham

Emergencies, Executive Orders in Times of War, p. 25.

Lincoln, President of the United States, do hereby

proclaim to, and warn all persons. . . ."

96. Senate Committee on Government Opera-

http://lcweb.loc.gov/exhibits/treasures.

tions, National Emergencies Act, p. 1.

82. James Bryce, The American Commonwealth

97. The Knox Resolution, 41 Stat. 1359, reprinted

(London: Macmillan and Co., 1891), 1:60.

in House Committee on International Relations,

Trading with the Enemy: Legislative and Executive

83. Henry Adams, "The Session," North American

Documents concerning Regulation of International

Review 111 (1870): 60, quoted in Forrest

Transactions in Time of Declared National Emergency,

McDonald, The American Presidency, (Lawrence:

94th Cong., 2d sess., 1976, Committee Print, pp.

University Press of Kansas, 1994), p. 315.

235­36. Only the Trading with the Enemy Act, The

Food Control and District of Columbia Rents Act,

84. Ibid., p. 320.

several Liberty Bond and Liberty Loan acts, and a

joint resolution directing the War Finance

85. David Watson, The Constitution of the United

Corporation to relieve an agricultural depression

States, Its History, Application and Construction

26