WILLIAM WHITING'S "THE WAR POWERS OF THE PRESIDENT" — FOURTH EDITION, 1863, EMANCIPATION LEAGUE IMPRINT

WILLIAM WHITING'S

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Item Code: 2025-3453

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Whiting, William. THE WAR POWERS OF THE PRESIDENT, AND THE LEGISLATIVE POWERS OF CONGRESS, IN RELATION TO REBELLION, TREASON AND SLAVERY. Boston: John L. Shorey, 13 Washington Street, 1863. Fourth edition, published for the Emancipation League.

An original wartime printing of one of the most widely circulated legal defenses of the Lincoln administration's constitutional authority to prosecute the war and move against slavery. The author, William Whiting (1813-1873), was a Harvard-trained Boston attorney who served as Solicitor of the War Department from 1862 to 1865 and later sat in Congress as a representative from Massachusetts. In this influential tract, first issued in 1862, Whiting argued that the federal government held the full belligerent rights of a nation at war against the seceded states, and that it could, without exceeding the bounds of the Constitution, confiscate rebel property, emancipate the enslaved, and treat the citizens of the Confederacy as public enemies. The work proved enormously popular and went through numerous editions in rapid succession over 1862-1863, circulating alongside pamphlets by Benjamin R. Curtis and other contemporary legal commentators in the public contest over presidential war powers and the constitutionality of emancipation. This fourth edition places the present copy squarely within that early wave of wartime printings.

Octavo pamphlet, 143pp, sewn and issued in the original paper wrapper, apparently carrying printed notices on the wrapper's interior. Approximately 9 1/4 x 5 3/4 inches.

Title page bears the oval "EX LIBRIS / Stephen F. Littleton" ownership stamp, along with a period ink ownership inscription at the head of the page.

CONDITION: Wrapper shows soiling and handling wear, with a small chip/tear at the upper corner and separation beginning at the front hinge; sewing exposed along the spine. Light toning and foxing to the text block, consistent with age.   [cm][ph:L]

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