BELLIGERENT RIGHTS IN CIVIL WAR-continued. the right to deprive the enemy, when conquered, of all civil 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 this principle recognized in the prize cases by the Supreme 425 38 38 40 141, 156, 238, 243 141-156, 238-243 Court, whether belligerent rights shall or shall not be used against, 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 legal effect of such concession, 333 of the United States against property of alien merchant, how determined, 348 as against neutral aliens following from the status of the inhab- 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. 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 such terms have been ratified by the government, note to 299 512, 610 see "Cases decided in Supreme Court," 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- 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." of rebel prisoners at Hatteras, effect of, 45 of armies of General Lee and General Johnston, effect of, see 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, 114 114 45 298, 299 61, 167 see note on the "War Powers used by the Government,' CAPTURE. title by, . prize courts determine right of, when made on the high seas, 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 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. see Mrs. Alexander's Cotton case (2 Wallace, 417), Appendix, 532 455 455-459 the legal distinction stated as to the modes of acquiring title by 48 this distinction recognized in several recent cases, by the 459 591 Swayne, Mr. Justice, opinion of, in Coolidge v. Guthrie, . See cases cited page captured and abandoned property: officers and others engaged in 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, 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, right of, illustrated in several cases in Solicitor's Opinions, captured arms, &c., &c., act March 3, 1863, ch. 86, sec. 2. provides that refusing or neglecting to pay over the pro- see note to 43d edition on the War Powers, as to the time when the rebellion was suppressed (viz., August 391 451 decided by the Supreme Court, and printed in whole or in part 603 CASES. letter to President Johnson, February, 1865, giving reasons for declining to hold a civil court in Virginia, 595 596 as to military authority, civil jurisdiction, war powers, and the 596 opinions of the Supreme Court delivered by, 6 Wallace, 73, 550, 579, 598, 601 529 |