safeguards of, which ought to be secured in any plan for recon-

400-404

400, 401

proclamation of May 19, 1862, as to General Hunter's general

orders freeing slaves,

proclamation of September 22, 1862, promising to issue proc-
lamation of freedom to slaves of rebels who would not
lay down arms prior to the following January,
proclamation of January 1, 1863, of freedom to slaves of

rebels, .

402, 403

403, 404

405

views of, in regard to compensation to slave owners,
message to Congress on confiscation act of July 17, 1862,

lamentable consequences of his error on the constitutional law

of confiscation,

the effects of this error as anticipated in 1862, 126, 127, 128, 129
his opinion of, as to the power of Congress to "free a slave
within a State" in 1862,

409

his change of opinion as to the right to confiscate estates of
rebels in fee, as a punishment for treason,

409

his statements on that point to Mr. Julian,

409

communication to, of letter of July 23, 1863, on the return of

rebel States to the Union,

229

message to Congress December 8, 1863, on the return of rebel

messages of amnesty, &c., of,

proclamations of, as to rebel States,

interpretation of the acts of July 17, 1862, see note, 478,

orders of, to General Lane, authorizing the recruiting of colored
volunteers in Kansas, under the law of July 17, 1862,

ch. 201,

489

LOUISIANA, STATE OF, admitted to representation, &c.,
LOVEJOY, HON. MR. (Illinois).

bill to inaugurate a system of public schools for education of
colored children in the District of Columbia,

see note on "Slavery,"

LOYALTY TO THE UNITED STATES.

party asserting it, in any suit or claim before any court, must
prove it affirmatively, see act 1868, ch. 71, sec. 3.

voluntary residence in rebel State held to be prima facie evi-
dence of having given aid and comfort to the rebellion,
see act 1868, ch. 71, sec. 3.

see "War Claims,"

Lyons, Lord, .

396

393

342

383, 384, 385

M.

liability to, not inconsistent with liability to civil process,
may punish acts which in time of peace would have been inno-

cent,

territorial extent of,

how instituted or put in force,

188

in the United States, modified by military laws of Congress and

remarks of Chief Justice Chase, at Raleigh, N. C., 1867

(Appendix), .

596

remarks on, of Mr. Justice Davis, in Ex parte Milligan (4 Wal-

cannot operate at the same time and place, and on the same
subject-matter, as civil or municipal law; one must give
way to the other, .

64

modified by orders of the President,

275

MASSACHUSETTS ats. RHODE ISLAND (12 Pet. 657),
MAURAN v. INSURANCE CO. (6 Wallace, 14),
MCCLELLAN, GENERAL.

volunteers, prior to July 17, 1862, expelled from the military
service by, if found by court martials to be of African
descent,

MEXICO, NEW.

34, 35

530

587

. 480

organization of General Scott's military commissions in, 281, 313, 314
claims of Laurent and others, residing in, see" War Claims," note, 337
resolution of Congress relating to Mexico,

MILITARY ARRESTS.

in loyal States regarded with alarm,

freedom from, claimed for public enemies,

on suspicion, .

abuse of power of, .

safeguards against abuse,

not forbidden by the Constitution,

without warrant,

without indictment,

lawful,

when sanctioned by the Constitution,

38

161

162

168, 169

169, 170

170

173

174

176

184, 185

178

officers of the army who make them are not liable to civil

suits or criminal prosecution therefor,

on what grounds justifiable,

by order of military courts, see act March 3, 1867, ch. 155.
of aliens, see "Aliens."

indemnity for, when claimed by non-neutral aliens, .
orders from proper authority, a defence against suits or prose-

cutions for any search, seizure, arrest, or imprisonment,
&c., &c., made before the passage of acts March 3, 1863,
ch. 81, and May 11, 1866, ch. 80, page

see "Indemnity."

181, 182

365

MILITARY COMMANDERS.

their powers and responsibilities,

167

powers of, may be delegated; obedience to orders a justifica-
tion,

181

181

192

202

213

216

216

making arrests not liable to civil or criminal prosecutions,
need not always disclose to courts the cause of arrests,
duty of, in case of service on them of writ of habeas corpus,
instructions of War Department on this matter,
indemnity act, March 3, 1863,

Kees v. Tod,

certain acts of, ratified by stat. March 2, 1867, ch. 155, see

note on "Military Government."

see also indemnity act of June 27, 1868, ch. 276.

protection of, by act 1868, ch. 276, in relation to suits brought
against them for having administered the acts of Con-
gress relating to captured and abandoned property,

MILITARY COMMISSIONS.

recognized by statute,

first introduced by General Scott,

182

275

281

jurisdiction conferred on, by Congress, over cases of murder,

jurisdiction of, over spies,

as organized by President Lincoln,

of General Butler, General Shepley, &c.,

see opinion of Attorney General on, in Weaver's case.

acts of, ratified and confirmed by act March 2, 1867, ch. 155.
see "Indemnity."

Confederate laws upon, see" Confederate Laws on."

the decision of the Supreme Court in, see Appendix on.

decision of joint military commission on claims of Laurent, note,

remarks on the case of Ex parte Milligan, in the Supreme

Court,

MILITARY COURTS.

exercise no part or degree of the judicial power of the civil

courts under the Constitution,

see "Judicial power."

278

no appeal from, to judicial courts,

are they within the prohibitions of the Constitution?

acts of, confirmed by law, act March 2, 1867, ch. 155,

Confederate laws upon, viz. :

October 9, 1862,

287

280

289, 598

446

447-449

449

449

449, 450

451

acts of, during the rebellion, confirmed; civil courts have no
subsequent jurisdiction over their acts (act March 2, 1867,
ch. 155), see note,

Ex parte Milligan,

remarks on,

constitutional power of the President to establish, affirmed by
the Supreme Court, see "The Grapeshot" (9 Wallace,
131), Appendix,

MILITARY CRIMES, see "Crimes."

MILITARY FORCES.

"the United States may require all subjects to do military

duty,"

act of March 3, 1863, for enrolment of, is constitutional,

446

536

460

598

20

205

how judges violating the law to be treated by them,
indemnity for arrest by, when to be allowed, and when refused,
acts of Congress providing for the organization of, history of,

introduction of colored soldiers into (see note, p. 20),

debates in Congress on the introduction of colored soldiers

laws for raising and organizing,

MILITARY GOVERNMENT.

478, 494

494, 508

478

preface to,

259

importance of the subject,

259

regard for the proper limitation of authority of the departments
of government in relation to, will enable us to avoid fu-