APPEAL.

the Supreme Court has no jurisdiction to entertain appeals from
the judgments of military courts held during the war,

see act March 2, 1867, ch. 165,

288-290

as to right to hear and decide, on appeal, all questions of law
growing out of,

536

call of the President for increase of, May 3, 1861,
colored men excluded from by law prior to 1862,
regulations of the army made by the War Department have

the force of law,

249, 445

478

478-480

479

new army regulations of August, 1861,

479

such regulations excluded from the army slaves and colored men,
opinion of Attorney General Cushing, and decision of the Su-

479

preme Court,

479

exclusion of colored soldiers from, rigidly enforced by General

McClellan,

480

free white males only could belong to, prior to July 17, 1862, 478-480
ARNOLD, HON. I. N., of Illinois.

note on slavery,

393

bill to prohibit slavery in the Territories,

396

ARRESTS BY MILITARY AUTHORITY. See "Military Arrests."

ARTICLES OF WAR. See "Capture."

see note to forty-third edition, "Laws for raising and organ-

izing Military Forces,

478

see stat. April 10, 1806.

ASHLEY, HON. J. M., of Ohio.

proposition to amend the Constitution (13th amendment) abol-

ishing slavery,

letter of, to the Secretary of War on military government,

ATTACHMENTS.

of sequestered property by claimants against rebel owner, effect
of (S. O. 730),

398

259

386

ATTAINDER.

bills of,

bills of, in England,

the confiscation act of July 17, 1862, is not a bill of attainder,
or ex post facto law,

this act, and the joint resolution which accompanied it, are to
be construed as one act, and provide for forfeiture of
nothing beyond a life estate of the offender,

84

84

116

116

this view affirmed by the Supreme Court in 1870, in Bigelow v.
Forrest, Appendix,

610

see U. S. v. Latham, referred to,

110

three modes of attainder practised in England in former
times, see introduction to chap. v.,

93

bills of attainder, how recognized,

bills of pains and penalties,

ex post facto laws prohibited; bills of pains and penalties, as

well as attainders, unconstitutional,

attainders in the Colonies and States,

nature of, stated by the majority of the Supreme Court, in Cum-

mings v. State of Missouri, .

and by the Court in Ex Parte Garland,
see Introduction to Chap. V. relating to,

B.

BATES, EDWARD, Attorney General.

remarks on his opinion on the question of payment of colored

volunteers,

491, 492, 507

491, 492, 496

on construction of the two acts of July 17, 1862, chs. 195 and

201,

BATTLE.

case of the, see 6 Wallace, 498.

BELLIGERENTS.

rebels may be treated by the government as such, Note A, and 44, 215
if rebels are treated as such by the government, their personal
property of all kinds may be captured or confiscated by

if rebels are recognized as belligerents under the law of nations,
the personal property of all persons, citizens or aliens,
voluntarily and permanently residing in territory under

BELLIGERENTS — continued.

the control of the enemy, is liable to capture and confis-
cation,

. 48, 56, 58

see "War Claims, ""Solicitor's Opinion," "Public Enemies."
their ships and other property on the sea may be captured and

condemned as prizes,

48, 57

see "Capture."

slaves of belligerents in civil war may be emancipated by the
law of nations,

68, 69

see "Slaves."

this right of emancipation confirmed by authority and usage
of nations,

74

see "Indemnity;" see also note, on “Slavery,”
this right sanctioned by the practice of the government of the
United States,

393-405

74

the real estate of belligerent rebels situated in this country
may be confiscated or sequestered by the government
jure belli,

58-62

so as to the real estate of aliens voluntarily and permanently
residing in enemy's territory,
decision of the Supreme Court of the United States on this
point, in 8 Cranch, 123,

58-62

61

61

the persons of, may be captured and held as prisoners of war,

50, 53, 57, 240

property of, is not held to be confiscated as the necessary re-
sult of conquest, but this must be done by military or
legislative act of the conquering power,

56, 59

in civil or international war, are all individually and collectively,
as members of a government, enemies of each other,
61, 239, 240, 293-306

right to confiscation of enemy's property, whether, and how far
it shall be used, is for the government to decide,

62, 65, 470, 474

suggestion that confiscation of property of slaveholders would
affect only about one fiftieth part of the inhabitants of
rebel slave States,

comparison of their number with that of the old tories of the
revolution,

whether rebels shall be deemed as such, and shall become en-
titled to the privileges of, depends in the first instance
on the decision of the President,

62

62

240, 425

whether belligerent rights shall be permanently conceded to

rebels in civil war, depends upon the policy of our gov-

ernment,

see "Policy of the Government."

rebels in civil war may be treated as such, or as subjects liable

to all the penalties of municipal laws,

authorities cited on this point,

rebels have in fact, in several respects, been treated as such by

the government,

blockade of rebel ports has been set up under the law of na-

45, 292

tions,

45

the Constitution defines "treason" as levying war, and there-
fore holds traitors as subjects and belligerents,

46

a rebel does not cease to be a subject because he has turned
traitor,"

46

46, 293

46, 293

if traitors are allowed belligerent privileges, they must be sub-
jected to belligerent disabilities,

cannot assume inconsistent characters,
government's right to treat rebels as belligerents, or as traitor
subjects, relieves the administration from embarrassment,
and why,

government may elect its own policy as to individuals,
whether to be deemed as mere insurgents or as public enemies,

is a political question,

45

45

44, 293, 294

whether entitled to civil or political rights in the Union is a po-
litical question, to be decided by the political department
of our government, 53, 242, 244, 252, 292, 293, 295, 306, 425
may be subjected by the conquerors to military government,
see title "Military Government."

this doctrine doubted and denied in 1862, when this essay was

512, 610

512, 610

cases decided in the Supreme Court since the publication of

45, 292

425

445, 588

532

532

409-425

the acts of the Confederate States relating to,
subjects of, cannot transfer allegiance flagrante bello, so as to

protect their trade,

or neutrals violating blockade, their ships and cargoes subject
to seizure and condemnation by prize courts, note on p.

BELLIGERENT RIGHTS IN CIVIL WAR.

possessed by this government against rebels in arms,
what they are is to be ascertained by the law of nations,
law of nations above the Constitution,

334

45

44, 53–65

47

46

among these belligerent rights, according to the law of nations,
are the following:

the right to capture the persons of the enemy, and hold them as

prisoners of war,

50, 53, 57, 240
to blockade their ports of entry (see “Blockade”), 45, 296
to pass acts of non-intercourse (see Non-inter-

to capture personal property of all persons, citizens
or aliens, friendly or hostile, voluntarily and per-
manently residing in enemy's districts (see "Pub-
lic Enemy "),

48

48

56-62

to conquer and hold the lands or territory of the
enemy by military forces,

to confiscate the real estate of aliens voluntarily and
permanently adhering to the enemy,

to emancipate enemy's slaves by the war power of the
President,

66

to emancipate enemy's slaves by the belligerent law of
nations,

this right confirmed by authority and usage, .
this right confirmed by usage of this government, .
to confiscate the real and personal estate of the

enemy,

see letter to Hon. G. W. Julian,

to confiscate that of all permanent residents, &c. (see
Aliens," see "War Claims),

74

74

48-62, 240
469

60, 61, 240