CIRCASSIAN, THE, 2 Wallace, 150,

532

CITIZENS OF THE UNITED STATES.

slaves not deemed by the Supreme Court of the United States

as such prior to 1863,

371

as defined by the civil rights act of April 9, 1866, ch. 31,
see Index, "Civil Rights."

399

as defined by the 14th Constitutional Amendment,
aliens having served with our military forces, and having been
honorably discharged, may, under certain circumstances,
become such, see act July 17, 1862, ch. 200; see
"Alien."

when indemnity is paid to, for private property appropriated to

public use,

391

16-22, 340

when indemnity is not allowed for property destroyed, 16-24, 340
become alien enemies, in respect to property and capacity to
sue if permanently residing in hostile country,

exceptions to this rule,

337

340

when declared by law public enemies, see "Public Enemies."

see stat. 1868, ch. 70, sec. 3.

CIVIL RIGHTS.

constitutional guarantees of, not always applicable in time of

war,

true application of the guarantees of,

whether allowed to rebel belligerents must be decided by the

49

50

of loyal citizens in loyal districts are modified by a state of

war,

51-53

not acquired under the Constitution by inhabitants of foreign
territory ceded by treaty to the United States, or ob-
tained by conquest,

266

act April 9, 1866, ch. 31, relating to, defines certain civil rights,
note,

399

declares who are entitled to citizenship, and certain rights

provides penalty for aiding escape of offenders against,
provides for appeal in certain cases to the Supreme Court
of the United States,

399

399

gives jurisdiction to United States courts over offences

against,

399

penalties for depriving persons of rights under,

penalties for preventing arrests of offenders under,
of citizens generally, declared, .

secured by amendments of the Constitution,

whether to be allowed to a public enemy is a question to be de-
cided by the political department of the government, see
"Policy of the Government," "Public Enemy," "Bel-
ligerents."

CIVIL WAR.

distinction between the objects and the means of,

as means of carrying on, it has become necessary and lawful to
do certain acts,

if freeing slaves becomes expedient, what to be done,
leading questions of, stated,

how it may be commenced,

when, within the meaning of the Constitution, it exists,
declaration of war not necessary in case of,

duty of the President in case of,

3, 8, 39

40

44

43

43

44

entitles the parent government to treat its rebellious citizens

as belligerents, or as public enemies,

may be against the government or by the government,

acts of, by rebels,

exists by act of rebels,

rights in, acquired by the United States against the rebels,
see title "Belligerents," "Belligerent Rights in Civil
War," "Policy of the Government," "Confederate Laws,"
"Capture," "Confiscation," "Constitution," "War,"
"Slaves," "Slavery," "Compensation for Slaves,"
"War Claims," " Aliens," &c.

66

attitude of the government in, changed by the progress of the

contest,

the rights of the public enemy in,
reference to prize cases relating to,
how long it may justly be continued,

CIVIL WAR — continued.

its means and its results,

its results, how attained,

what we gain, and what rebels lose by (letter to Hon. G. W.

Julian),

CLAIMS AGAINST THE UNITED STATES.

261

261

409

for indemnity for property of loyal citizens lawfully appro-
priated to public use, under the provisions of the Con-
stitution,
15, 16, 17, 18
magnitude of claims presented to the Solicitor of the War
Department for damages done by our military forces,
see letter to Hon. E. B. Washburn,

vast amount of claims against, disposed of by the recent Con-
stitutional amendments,

for indemnity for slaves, see titles "Slaves," "Slaveholders,"
Constitutional Amend-

"Indemnity," Slavery,"

the character of, especially discussed in the chapter on war

claims,

how affected by concession of belligerent rights,

of aliens residing within the arena of war,

test questions on examination of,

467

400

332

of various citizens of the United States, see titles "Solicitor

of the War Department," "Abandoned Property,"
Capture."

in any suit before any court when it shall become material
whether a person did or did not give aid or comfort to
the rebellion, the stat. 1868, ch. 71, sec. 3, provides
that the burden of proof of loyalty is upon the party who
asserts it, and voluntary residence in the rebel States is
prima facie evidence of having given aid and comfort to
the rebellion. See act 1868, ch. 71, sec. 3.

CLIFFORD, MR. JUSTICE.

opinion of the Supreme Court in the "Wm. Bagaley," deliv-

ered by,

CONTRABAND OF WAR.

military supplies, provisions, &c., captured by our troops in

583

358

533

451, 455, 459

363

CONTRABAND OF WAR — continued.

slaves of rebels escaping or taking refuge within our lines, or
captured from their masters, or deserted by them, &c.,
or found by our forces in places previously occupied by
rebels, are declared not contraband of war, but cap-
tives of war, by act of Congress, July 17, 1862, ch.
195, sec. 9,

see Guthrie v. Coolidge,

for recent cases on the subject, see Appendix.
CUSHING, ATTORNEY GENERAL,

COCHRANE, ADMIRAL.

his proclamation,

COLORED MEN.

excluded from the regular army prior to 1862,
excluded from the militia of the States prior to 1862,
excluded from the volunteer service prior to 1862,
see "African Descent."

114

478, 482

393

steps by which they were introduced into the military service,
and finally entitled to equal pay with white soldiers
(note),

see "Military Service."

478-494

records of the Adjutant General's office show that there were
no enlistments of, in the army or volunteer service, prior

to July 17, 1862,

489, 490, 491

friends of, sought to obtain equality of pay with white troops
in 1863; why they failed,

CLINTON, SIR HENRY,
CLARK, SENATOR (N. H.).

491

69

bill proposed by, combining emancipation of enemy's slaves,
&c., and confiscation (act July 17, 1862, ch. 195), 395, 494, 495
COMMANDERS, MILITARY. See "Military Commanders."
COMPENSATION.

43

43, 236

claim to be an independent de facto government,
claim as against the United States full belligerent rights, .
claim that the United States is to them a foreign nation, and
its citizens are alien enemies, and invaders of their soil,
see note on “Confiscation,”

236, 409-427

legislation of, in relation to confiscation of the property of their

enemies (note), see title "Confiscation," and Note, 409–424

who are enemies of, as defined by Confederate statutes, see

Note on "Confiscation,"

declaration of war by, against the United States,

409, 424

352

409-424

see "Laws of Confederate States," see note,
alone liable for injuries to subjects of governments who have
conceded belligerent rights to them,

334, 345

held by a majority of the Supreme Court to have been a de
facto government in the sense required to bring a cap-
ture by their cruisers of insured property within a clause
of a policy of insurance warranting against capture by
"the enemy" (see Appendix),

political existence of, as a de facto government, has never been
conceded by the political departments of our govern-

ment,

587

299-306

government of, and all acts of, declared null and void, by

proclamation, and by acts of Congress,

427

459

act of, to repress importation of Confederate money by

act of declaring or recognizing war with the United

effect of,
Congress of, determined as a political question the legal status
of all inhabitants of the Confederate States,
although the Confederate States were held, in Mauran v.
Insurance Co., to be a de facto government within
the sense of terms employed in a policy of insurance,
yet, in the subsequent cases of the United States v.
Keehler, and Hickman v. Jones, the Court held unani-
mously that the rebel States were not a de facto gov-
ernment in such a sense as to give any legal efficacy
to its acts. See Appendix, pages,

427

607, 608