MORILLO, GENERAL,

MORINO ats. UNITED STATES (1 Wallace, 400),
MORMONS.

their supposed claim to indemnity,

MORRILL, HON. LOT M., SENATOR (Me.).

bill to confiscate rebel property, and free slaves of rebels,

MURDER.

73

531

22, 24, 140

jurisdiction of military commissions over certain persons guil-
ty of,

394

283

N.

NAPOLEON, EMPEROR,

NATURALIZATION.

its effect on the rights and liabilities of aliens,

does not protect the property of one who, by returning to his

native country, regains his citizenship,

NATURALIZATION LAWS.

effect of, on claims of slaveholder for indemnity,

73

338

347

22, 23, 24

338

aliens having served in our army and having been honorably

discharged, entitled to naturalization by,

see "Aliens."

NAVY AGENTS.

their liability to courts martial denied,

NELSON, MR. JUSTICE,

NON-INTERCOURSE.

right to enforce, as against belligerents, see "Prize Cases," 141, 238
acts to provide for, effect of,

required of aliens engaged in commerce with rebels by consent

of the United States,

objection to, by Lord Lyons, and reply,

OPINIONS.

of the Supreme Court, in cases printed in whole or in part in

445

P.

PAGE ats. FLEMING (9 How. 614),

PALMERSTON.

opinion of, as to non-liability of the United States for damage in

PEACE.

bombarding Greytown,

. 512

336

as to claims growing out of the bombardment of Uleaborg, 336
of Copenhagen,
336

questions whether the United States are at war or at peace
with foreign nations, or with insurgents in our own
country, are purely political questions, to be decided by
Congress,

296

599, 601

312

restored by acts of the President and of Congress, August 20,
1866, as to persons claiming the benefit of certain laws,

PETERHOFF, CASE OF (5 Wallace, 60), .

PIRACY.

606, 607

582

persons convicted of, exchanged by the United States as pris-
oners of war,

POLICY OF THE GOVERNMENT.

whether belligerents (rebels) shall be allowed civil rights under
the Constitution, must be decided by the political de-
partments of the government,

whether the rebels shall be deemed mere insurgents or public
enemies can be decided only by the political depart-
ments,

291

53

293, 295, 296

all political questions must be decided by the political depart-
ments as, for example.

questions as to boundary between nations,

sovereignty of foreign country,

recognition of State governments,

status of foreign nations,

status of insurgents and rebels,

questions of reconstruction,

whether rebels shall have belligerent rights,

whether, and when, a state of peace shall be recognized or
declared,

on all political questions the Supreme Court must follow the
decisions of the political departments, .

POLICY OF THE GOVERNMENT continued.

of President Lincoln, as to the status of the rebels; his acts

and proclamations,

of Congress on the same subject,

result of the action of the political departments was to declare

the rebels public enemies,

this decision of, followed by Supreme Court,

296-299

299-303

303

304, 305, 306

on the question of confiscated and abandoned lands, letter to
Hon. G. W. Julian upon,

470

recommended, on the subject of reconstruction,

248

to protect from capture the property of all loyal citizens in dis-
loyal districts,

58

see cases decided in the Supreme Court on this subject, Ap-

pendix,

512-610

Georgia v. Stanton, &c.,

445, 588

is to decide terms of amnesty, see "War Powers."

is to determine legal status of rebels, see "Rebels," "Congress,"

"Belligerents,"

POLITICAL PARTIES.

their claims to or waivers of powers in the Constitution not to

425

139, 140

vii., viii., ix.

iii.

159, 160

229

259

329, 330

is commander-in-chief of the army and navy of the United
States, and of the militia of the several States when
called into actual service of the United States (Constitu-
tion, Art. 11, sec. 1),

has the sole power and responsibility of judging, when the exi-
gency arises, in which he has authority under the Con-
stitution to call forth the militia, and his decision is con-
clusive upon all others, .

is not limited by the Constitution, and cannot be controlled by
Congress in respect to the manner of conducting his
purely military operations,

82

58,67

57

this duty is left to his own discretion, guided by the usages and
principles of civilized warfare,

58

the powers of, to carry on war have no limit other than the law
of nations and such rules as Congress have authority to

PRESIDENT OF THE UNITED STATES- continued.

pass for the regulation of the army, captures, &c., raising
money, &c.,

see "Conquest," "Capture."

has the war power to exercise full belligerent rights against all
persons in arms, against all property situated in belliger-
ent districts,

and against all persons, whether friend or foe, who voluntarily
reside in districts which have been declared in rebellion,
they being in law public enemies of the United States,
see Title "Public Enemies," "Belligerent Rights."
general war powers of, enumerated,

57

57

57

82, 163–165, 390

30, 68

war powers of, not in conflict with those of Congress,
has a right to seize and capture in the enemy's country what-
ever property he may deem necessary for sustenance of
his military forces, whether it belongs to friend or foe,
but he may, as a matter of policy, order that no property of
loyal citizens residing in disloyal States shall be seized
without compensation, .

57

58

58

58

66

66

67

30, 68

this power of, is not inconsistent with that of Congress to eman-

cipate slaves,

duty of, to emancipate slaves when such a course becomes es-
sential as a means of securing public welfare and the
common defence in time of civil war (Preface, p. vi.),
pages

duty of, to destroy slavery in the (then) present condition of
affairs (Preface, p. vi., vii.), pages

5, 6, 7, 8, 140

power to suspend the habeas corpus,

202

power to establish martial law,

202

when liable to impeachment for refusing to obey laws of Con-
gress as to military governments,

his authority to erect military government under the guarantees
of the Constitution alluded to,

270

clauses of the Constitution on which the power to create mili-
tary government rests,

270

his operations in war regulated and interpreted by the laws of

war,

270

PRESIDENT OF THE UNITED STATES

continued.

cases cited on this point,

271

his powers, and the reason of granting them to him,
his power to establish courts of war,

271

276

his order establishing a provisional court in Louisiana,

285

PRIVATE PROPERTY.

right of government to appropriate to public use,

but not without the existence of a public necessity, Preface, page
foundation of this right,

indemnity for,

public use of, what it is,

in slaves may be appropriated to public use,

is the right to appropriate it superseded by the war power of
seizure ?

importance and danger of this power,

see "Slaves," "Indemnity," "Capture."
private property, public use of, what it is,

impressment of slaves, and appropriation of them to public use
as private property, by act of Confederate Congress, stat.
1864, ch. 79, see note to,

policy of the government relating to the employment of slaves,
and to indemnity therefor as such, see Indemnity,"
"Slaves," "Slaveholders."

capture of, on land, see "Capture."

confiscation of, see "Confiscation."

destruction of, see "Public Enemy," "Belligerent Rights."

capture of, on the sea, see "Prize."

of aliens, see "Aliens."

PRIVATE RIGHTS.

17

iv

17

18

19

20, 28

26

29

19

26

cases of prize decided by the Supreme Court in 1863,
analysis of,

141

238

see Title "Capture."

see cases decided by the Supreme Court, Appendix, .
see note on Capture of Enemy's Property,

512-610
451

the law of, has no application to the case of personal or private
enemies, and cannot be invoked to justify a capture of
private property, unless there exists a public enemy and
a state of war,

305

in a case of, a public enemy cannot appear as a claimant, note,
see note on war powers used by the government,

215

390