in rebellion or otherwise, have become in law public enemies, their right to exercise judicial or other functions under authority of the United States ceased, and their offices were vacated. If new appointments were to be made now, it is obvious that the authority of courts could be enforced only by military power; their jurisdiction would be very limited; such juries as they could summon would probably be hostile to the Union, and the powers of judges, under present laws, would be be totally inadequate to meet the demands of these turbulent times. Hence it would be worse than useless to erect judicial courts before peace is completely restored.* It would tend to bring the judiciary into contempt. Therefore it can hardly be deemed advisable to interfere with the stern, effective, but necessary gov ernment of hostile people by military power, until Congress shall by legislative act recognize a state of peace.† * See remarks of Chief Justice Chase, at Raleigh, N. C., in June, 1866: Appendix, 596. Note to Forty-third Edition. Since this was written, the condition of the rebel States has changed. They have all been restored to the Union under the provisions of the reconstruction acts, and by the instrumentality of military governments. PREFACE TO THE WAR CLAIMS. THE following essay on claims against the United States for injuries done to the persons and property of foreigners by our military and naval forces during the war, was in substance prepared while the author was Solicitor of the War Department. In pursuance of an understanding with Mr. Seward, Secretary of State, and Mr. Stanton, Secretary of War, a practice was adopted, and adhered to throughout the war, of referring to the Solicitor of the War Department for his investigation and opinion such claims against the United States for damage or indemnity, growing out of our military operations, as had been or should be presented by the ministers or other representatives of foreign powers. The results of such investigations were transmitted in writing to the Secretary of State, who was at liberty to make such use of them as he thought proper in preparing his official correspondence. The Opinions appended to this essay, which embrace some of those above mentioned, were written under great pressure of business. It is hoped that, however imperfect in style, they may be found correct in substance. The essay on "War Claims" was composed at the request of the Secretary of State, in order to facilitate the labors of those on whom, after the author's retirement from office, the duty might devolve of examining similar |