BELLIGERENT RIGHTS IN CIVIL WAR-continued.

the right to deprive the enemy, when conquered, of all civil
and political rights under the Constitution and
government of the United States, saving to them
only the rights of a conquered country under the
laws of war,
53, 242, 244, 252, 293, 295

to subject them to military governments (see "Mili-

tary Government").

see notes to forty-third edition,

how belligerent rights are to be acquired,

declaration of war not necessary to acquire them,

the inauguration of civil war gives them to the government as
against rebels,

this principle recognized in the prize cases by the Supreme

425

38

38

40

141, 156, 238, 243

141-156, 238-243

Court,
recognition of a state of civil war by the political department
gives them to the government,
this principle recognized by all the judges in the prize cases, see
recent Cases decided in the Supreme Court, 141-156, 238–243
to the same effect (Appendix),
531-612

whether belligerent rights shall or shall not be used against,
or conceded to, the enemy, is a question of public policy,
and is to be decided by the political department of the
government,
53, 240, 247, 293, 294
certain of them have in fact been conceded to rebels, and exer-

cised against them,

291, 292

policy recommended as to the use of, in relation to the political

of seizure, of capture, &c., recognized by the Supreme Court, 240
conceded by foreign countries to rebels,

legal effect of such concession,

333
333-345

of the United States against property of alien merchant, how

determined,

348

as against neutral aliens following from the status of the inhab-
itants of rebel States, as public enemies,

351

of public enemies against the government,

471

see "Belligerents," "Capture," "Confiscation," "Prize," note

on

Reconstruction," and note on "Belligerent Rights," 425

BELLIGERENT RIGHTS IN CIVIL WAR - continued.
conceded to the rebels by our government,

exchange of persons as prisoners of war, who had been con-

victed of piracy,

45

45, 299

298, 299

299

conceded by terms of surrender of Generals Lee and Johnston's
armies to General Grant,

such terms have been ratified by the government, note to
see Index, "Confederate Laws."

299

512, 610

see "Cases decided in Supreme Court," Appendix,
effect of acknowledging the rebels as belligerents by foreign.
governments, on their claims against the United States
for indemnity against injuries to persons or property of
aliens inflicted by the hostile operations of the enemy,
see chapter on War Claims of the United States, 331, 358
Bigelow v. Forrest, 9 Wallace, 339, Appendix,

BINGHAM, HON. JOHN A., of Ohio.

14th amendment to the Constitution,

see civil rights act, April 9, 1866, ch. 31,.

610

399

399

393

by act of our government,

45

act of blockading rebel ports is using, to that extent, belliger-

ent rights,

45

under the law of nations, can lawfully exist only when there is a

public enemy to the country which proclaims and en-
forces it,

proclaimed by President Lincoln, April 19, 1861,

proclamation of April 27, 1861,

proclamation of August 16, 1861,

proclamation of July 1, 1862,

remarks on these proclamations of,

breach of,

305

296

296

296

296

296-298

296

officially notified to foreign powers as under the law of nations,

see Index, "Capitulation," "Belligerent Rights," "Belligerents."
CAPITULATION.

of rebel prisoners at Hatteras, effect of,

45

of armies of General Lee and General Johnston, effect of, see
note to page

299

of enemies by cartel, effect of,

299

CAPTIVES OF WAR.

slaves of rebels who escaped from their masters, so declared

by stat. July 17, 1862, ch. 195,

slaves deserted by rebels and coming under our control,
slaves found in places once occupied by rebel forces, and after-
wards occupied by ours, declared to be such by act
July 17, 1862, ch. 195, .

114

114
64, 167

45

298, 299

61, 167

see note on the "War Powers used by the Government,'
for political rights of, see "Belligerents," "Policy of the
Government," &c.

CAPTURE.

title by, .

prize courts determine right of, when made on the high seas,
of all personal property of all permanent residents in the ene-

48
48

my's territory, whether friendly or hostile, is lawful, 56, 58, 240

right of, recognized by the Supreme Court,

240

note to 43d edition, upon the right of capture of enemy's
property jure belli,

sketch of the line of cases in our courts, by which this doctrine

relating to prizes was settled,

451, 455

Dunlop, J., Sprague, J., Betts, J.,

451, 455

points first finally decided, 1863-4, in prize cases, 141-156, 451, 455

right of, in its amplest extent, has been recognized and en-

forced by the courts, and sanctioned by the government,

since the publication of the 10th edition of this essay,

451

see "The Battle," 6 Wallace, 498, .

see "Armstrong's Foundry," 6 Wallace, 769.

see note on War Powers,

391

see "United States v. Republican Banner Office," 11 Pitts' Leg.
Reg. 152.

see Mrs. Alexander's Cotton case (2 Wallace, 417), Appendix, 532
action of Confederate Congress on. See "Confederate Laws."
confederate statute of May 6, 1861, relating to,
subsequent Confederate statutes upon,

455

455-459

the legal distinction stated as to the modes of acquiring title by
captures on land and on the seas,

48

this distinction recognized in several recent cases, by the
United States courts,

459

591

Swayne, Mr. Justice, opinion of, in Coolidge v. Guthrie, .
of abandoned property, in case of, or of receipt of property
from persons in insurrectionary districts, captors,
whether soldiers or seamen, must turn it over to a gov-
ernment agent. See act March 3, 1863, sec. 6. See also
act July 2, 1864. See United States v. Anderson,
rules concerning, on land or water, may be made by Congress,
under the specific authority of the Constitution, art 1,
sec. 8, ch. 11,

See cases cited page

captured and abandoned property: officers and others engaged in
administering laws relating to, protected from suits and
prosecutions for. See act 1868, ch. 276.

creditors of enemies whose property has been captured by the

effect of proceedings of the United States in this case,

of enemy's property is one of the well-settled belligerent rights,
of provisions, &c., by our army, from persons claiming to be
loyal, but residing in enemy's country, not allowed,

603

25, 28

455

591

359

CAPTURE - continued.

oath of loyalty, its effect,

363

General Grant's permit to trade with the enemy, its effect

of property claimed to have been bought under treasury per-

384

belligerent right of (S. O. 951),

389

see pages

358-389

of cotton of aliens permanently residing in enemy's country,
and not withdrawing in reasonable time,

right of, illustrated in several cases in Solicitor's Opinions,

captured arms, &c., &c., act March 3, 1863, ch. 86, sec. 2.
see joint resolution of Congress, March 30, 1868, No. 25, which

provides that refusing or neglecting to pay over the pro-
ceeds of sales of captured, &c., property, shall be deemed
embezzlement, and punished as such.

see note to 43d edition on the War Powers,
right of capture of enemy's property, Note,

as to the time when the rebellion was suppressed (viz., August
20, 1866), with reference to claims under the act relating
to captured and abandoned property, &c., see the United
States v. Anderson,

391

451

decided by the Supreme Court, and printed in whole or in part
in the Appendix to this work, see "Courts, Judicial,” of
the United States, .

603

CASES.

letter to President Johnson, February, 1865, giving reasons

for declining to hold a civil court in Virginia,
remarks to members of the bar at Raleigh, N. C., on opening
the Circuit Court, June 6, 1867,

595

596

as to military authority, civil jurisdiction, war powers, and the
powers of courts of law, Appendix,

596

opinions of the Supreme Court delivered by,
CHEROKEE NATION v. STATE OF GEORGIA.

6 Wallace, 73,

550, 579, 598, 601

529