addition to the authorities previously cited the following
federal court decisions support the same conclusion.
 
          In United States v. Andrew Castillero (1862) 67 U.
S. (2
Black) 2, the United States Supreme Court reaffirmed the
conception of the President's role as Commander-in-Chief
previously defined by Chief Justice Taney in Fleming v. Page
9 Howard 614 (Page 3 of previous Memorandum). At page 357
the Court said: 
 
          "The power of the President in the conduct of the
war was
    that of a commander-in-chief of the army and navy. He
had
    authority to direct and control military operations. As 
part of       the treatymaking power, he could determine
when and  on     what conditions a treaty of peace should
be made. But he had     no power to impress upon the war a
purpose different from         that with which it was
commenced, and which, as Mr. Chief     Justice Taney
declares, Congress could not  constitutionally        
entertain. 'The law declaring war,' observes the same great
        authority in the case above cited 'does not imply
the authority     to the President to enlarge the limits of
the United States by     subjugating the enemy's country.
The United States, it is true,     may extend its
boundaries by treaty or compact, and may     demand the
cessation of territory as the condition of peace, to
    indemnify its citizens for the injuries they suffered,
or to     reimburse the Government for the expenses of the
war.
 
           'But this can be done only by the treatymaking
power, or     the legislative authority, and it is not a
part of the authority     conferred upon the President by
the declaration of war. His         duty and his power are
purely military. As         commander-in-chief, he is
authorised to direct the military and     naval forces
placed by law at his command, and to then in the     manner
he may deem most effectual to harass and conquer     and
subdue the enemy. He may invade the hostile country,       
 and subjugate it to the sovereignty and authority of the
United     States. But his conquests do not enlarge the
 
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