“At Beaufort, Hilton Head, Savannah, Fernandina, St. Augustine, and Jacksonville, the blacks may remain in their chosen or accustomed vocations; but on the islands, and in the settlements hereafter to be established no white person whatever, unless military officers and soldiers detailed for duty, will be permitted to reside; and the sole and exclusive management of affairs will be left to the freed people themselves, subject only to the United States military authority, and the acts of Congress. By the laws of war, and orders of the President of the United States, the negro is free, and must be dealt with as such.”

— William T. Sherman

He cannot be subjected to conscription, or forced military service, save by the written orders of the highest military authority of the department, under such regulations as the President or Congress may prescribe. Domestic servants, blacksmiths, carpenters, and other mechanics, will be free to select their own work and residence, but the young and able-bodied negroes must be encouraged to enlist as soldiers in the service of the United States, to contribute their share toward maintaining their own freedom, and securing their rights as citizens of the United States.
1860s, 1865, Special Field Order No. 15 (January 1865)

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William T. Sherman 44

American General, businessman, educator, and author. 1820–1891

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“At Beaufort, Hilton Head, Savannah, Fernandina, St. Augustine, and Jacksonville, the blacks may remain in their chosen or accustomed vocations; but on the islands, and in the settlements hereafter to be established no white person whatever, unless military officers and soldiers detailed for duty, will be permitted to reside; and the sole and exclusive management of affairs will be left to the freed people themselves, subject only to the United States military authority, and the acts of Congress. By the laws of war, and orders of the President of the United States, the negro is free, and must be dealt with as such. He cannot be subjected to conscription, or forced military service, save by the written orders of the highest military authority of the department, under such regulations as the President or Congress may prescribe. Domestic servants, blacksmiths, carpenters, and other mechanics, will be free to select their own work and residence, but the young and able-bodied negroes must be encouraged to enlist as soldiers in the service of the United States, to contribute their share toward maintaining their own freedom, and securing their rights as citizens of the United States.”

William T. Sherman (1820–1891) American General, businessman, educator, and author.

1860s, 1865, Special Field Order No. 15 (January 1865)

“Congress was right in not limiting, by its reconstruction acts, the right of suffrage to whites; but wrong in the exclusion from suffrage of certain classes of citizens and all unable to take its prescribed retrospective oath, and wrong also in the establishment of despotic military governments for the States and in authorizing military commissions for the trial of civilians in time of peace. There should have been as little military government as possible; no military commissions; no classes excluded from suffrage; and no oath except one of faithful obedience and support to the Constitution and laws, and of sincere attachment to the constitutional Government of the United States.”

Salmon P. Chase (1808–1873) Chief Justice of the United States

Letter to August Belmont (May 30, 1868), in J. W. Schuckers, The Life and Public Services of Salmon Portland Chase, (1874). p. 585.

“The persons excepted from the benefits of the foregoing provisions are all who are, or shall have been, civil or diplomatic officers or agents of the so-called confederate government; all who have left judicial stations under the United States to aid the rebellion; all who are, or shall have been, military or naval officers of said so-called confederate government above the rank of colonel in the army, or of lieutenant in the navy; all who left seats in the United States Congress to aid the rebellion; all who resigned commissions in the army or navy of the United States, and afterwards aided the rebellion; and all who have engaged in any way in treating colored persons or white persons, in charge of such, otherwise than lawfully as prisoners of war, and which persons may have been found in the United States service, as soldiers, seamen, or in any other capacity.”

Abraham Lincoln (1809–1865) 16th President of the United States

1860s, Proclamation of Amnesty and Reconstruction (1863)

“It is hard to suggest a remedy for this situation, which is one no military man enjoys. One alternative would be to refuse to permit military officers to appear before Congress and leave the defense of military matters to the civilian secretaries. This is the solution followed in Great Britain and many European countries. I doubt that it will ever be accepted in the United States, where the COngress wants to hear the facts from military men who presumably are without political motivation. A second alternative would be to take the position that the advice of the Chiefs of Staff to their civilian superiors is privileged and not to be revealed under Congressional interrogation. Thus far the Executive authority has not seen fit to raise the storm such a stand would create.”

Maxwell D. Taylor (1901–1987) United States general

Source: The Uncertain Trumpet (1960), p. 113

“The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation. In instances of self-defense, the President would be within his constitutional authority to act before advising Congress or seeking its consent. History has shown us time and again, however, that military action is most successful when it is authorized and supported by the Legislative branch. It is always preferable to have the informed consent of Congress prior to any military action. As for the specific question about bombing suspected nuclear sites, I recently introduced S. J. Res.23, which states in part that “any offensive military action taken by the United States against Iran must be explicitly authorized by Congress.””

Barack Obama (1961) 44th President of the United States of America

In response to a question "In what circumstances would the president have constitutional authority to bomb Iran without seeking a use-of-force authorization from Congress?"
Boston Globe questionnaire on Executive Power, December 20, 2007. http://www.ontheissues.org/Archive/2007_Exec_Power_Barack_Obama.htm
2007

“Whereas, on the twenty-second day of September, in the year of our Lord one thousand eight hundred and sixty-two, a proclamation was issued by the President of the United States, containing, among other things, the following, to wit: That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free; and the Executive Government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom. That the Executive will, on the first day of January aforesaid, by proclamation, designate the States and parts of States, if any, in which the people thereof, respectively, shall then be in rebellion against the United States; and the fact that any State, or the people thereof, shall on that day be, in good faith, represented in the Congress of the United States by members chosen thereto at elections wherein a majority of the qualified voters of such State shall have participated, shall, in the absence of strong countervailing testimony, be deemed conclusive evidence that such State, and the people thereof, are not then in rebellion against the United States.”

Abraham Lincoln (1809–1865) 16th President of the United States

1860s, Emancipation Proclamation (1863)

“The Constitution of the United States asserts that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty.”

Thomas Jefferson (1743–1826) 3rd President of the United States of America

Letter to Justice William Johnson (1823)
1820s

“Soldiers were and will remain soldiers. They fight, carrying out their duty, not thinking about the reasons, true to their military oath. And the beginning and the end of war is the business of politicians, to whom the situation at the front dictates these or other decisions.”

Friedrich Paulus (1890–1957) German general

To A. Schmidt and others - February 4th, 1943. Quoted in "Report of the Special Section of the Don Front NKVD to Special Sections Department of NKVD USSR"

“I do order and declare that all persons held as slaves within said designated States, and parts of States, are, and henceforward shall be free; and that the Executive government of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons.”

Abraham Lincoln (1809–1865) 16th President of the United States

1860s, Emancipation Proclamation (1863)
Context: And by virtue of the power, and for the purpose aforesaid, I do order and declare that all persons held as slaves within said designated States, and parts of States, are, and henceforward shall be free; and that the Executive government of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons. And I hereby enjoin upon the people so declared to be free to abstain from all violence, unless in necessary self-defence; and I recommend to them that, in all cases when allowed, they labor faithfully for reasonable wages. And I further declare and make known, that such persons of suitable condition, will be received into the armed service of the United States to garrison forts, positions, stations, and other places, and to man vessels of all sorts in said service. And upon this act, sincerely believed to be an act of justice, warranted by the Constitution, upon military necessity, I invoke the considerate judgment of mankind, and the gracious favor of Almighty God.

“I am making this statement as an act of wilful defiance of military authority, because I believe that the War is being deliberately prolonged by those who have the power to end it.
I am a soldier, convinced that I am acting on behalf of soldiers.”

Siegfried Sassoon (1886–1967) English poet, diarist and memoirist

A Soldier's Declaration (July 1917)
Context: I am making this statement as an act of wilful defiance of military authority, because I believe that the War is being deliberately prolonged by those who have the power to end it.
I am a soldier, convinced that I am acting on behalf of soldiers. I believe that this War, on which I entered as a war of defence and liberation, has now become a war of aggression and conquest.

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William T. Sherman 44

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