there must be military government, or no government, 266 the right to erect, is an essential part of the war power, is founded in necessity and sanctioned by authority, . 267 leading cases, with authorities, relating to, 268 the Constitution authorizes the President to establish, when, 269 duty of the conqueror to govern those whom he has subju- 273 of war, 275, 276 275, 276 269 power given by the Constitution to Congress to establish courts clauses cited, on which that power is based, clauses in the Constitution which authorize the President to create military governments cited, the right of Congress to establish such governments is unques- the basis of the President's power to establish, stated, power of the President to establish courts of war, do courts of war exercise judicial power? would judicial courts be useful as war courts? courts martial legislative history of, recognized and established by statutes, military courts of inquiry, established by statute law, military commissions, under General Scott, under our statutes, similar courts instituted by President Lincoln, courts of civil jurisdiction under military authority, tion Commission, jurisdiction of such courts, General Shepley, General Butler, Judge Peabody, Sequestra- does the Constitution prohibit such courts? MILITARY GOVERNMENT — continued. examination of the 5th, 6th, and 7th amendments of the Con- stitution, rebels, what rights they claim as inconsistent with, what rights are conceded to them, 288, 289 public enemies are the inhabitants of seceded States public the question whether the inhabitants of insurrectionary States 292 293 294, 295 the political departments of our government have finally deter- 299-304 the judiciary, and the position of the Supreme Court in refer- delegation of authority, . 307 how created and controlled, and how terminated by Congress, 209 when peace is recognized, military governments are under the sole control of Congress, 314 the President is liable to impeachment if, in time of peace, he 314 reasons stated why the President may establish, as to local laws in conquered districts, whether the municipal what laws of the invading country extend ipso vigore over the subjugated district, 321 the suppression of the present rebellion is not the conquest of 321 distinction between alien and public enemy, 321, 322 der our control, 322 United States judicial courts may be reëstablished, but are at 324 tain conditions, and in reconstruction acts, note, of rebel territory authorized by the Constitution, over rebel States should be continued until they perform cer- embodied in Freedman's Bureau acts, note, principles of, sustained in Georgia v. Stanton, note, 62 65, 248 261 261 261 address of Chase, Chief Justice, at Raleigh, N. C., June 6, state of public opinion on the right of (when the first edition of this essay was published), note, 427 power exercised by President Lincoln to create, 428 governors to execute, appointed under acts of Congress, man's Bureau act, in the reconstruction acts, in the act March 2, 1867, in the act March 22, 1867, in the act July 19, 1867, . 1 428 the decision in Georgia v. Stanton that judicial courts cannot 445 the Supreme Court cannot interfere with the military govern- remarks of counsel for the State of Georgia, in that case, see Georgia v. Stanton, Appendix, decision of the court in this case, acts of military courts under, have been confirmed by laws of 588 589 MILITARY GOVERNMENT — continued. Congress; civil courts have no subsequent jurisdiction see Index, "Military Courts." Chase, Chief Justice, remarks at Raleigh, N. C., 1867, Ap- see "Confederate Acts organizing Military Courts," see Index, "Confederates," "Rebels," "Confiscation Acts of the MILITARY LAW. definition of, distinguished from martial law, see "Martial Law." 446 596 447 275 274, 275 MILITARY POWER. of the President may be effectually controlled by refusal of Con- and by his liability to impeachment, 82 82 MILITARY SERVICE OF THE UNITED STATES. all subjects of the United States may be required to perform it, 20, 209 aliens not liable to, although they have served in the rebel army, 374 aliens voluntarily enlisting in our service not entitled to be dis- 374 aliens forced into the enemy's service and afterwards captured by our forces, whether entitled to discharge, 388 478-494 182 82 acts done by officers, in pursuance of orders, are justifiable, this principle confirmed by act of Congress, March 2, 1867, ch. 155. see acts March 3, 1863, May 11, 1866, and 1868, ch. 276. MILITIA. 480, 504 law of the United States regulates the qualifications of persons. 480 see note on "Laws for raising and organizing our military forces," pages of the States, called out under act 1795, note, 478-480 MILITIA continued. President's call of May 3, 1861, for 42,034 men, General McClellan enforced this law relating to, 478 478 479, 480 all applications of colored men to enlist in, prior to 1862, refused, 480, 481 acts July 17, 1862, ch. 195 and ch. 205, relating to, their pro- 481, 484 whether either, and which, of these acts was for the increase of the army, 480-483 the true construction of these acts, use made by President Lincoln of the power conferred on him act of July 17, 1862, ch. 205, debates in Congress upon arming 483 486 equalization of pay of colored and white soldiers, who shall constitute militia of the United States must be de- 510 23, 478 who constitute the militia of the States must be determined in 478 law of July 17, 1862, ch. 201, for amending the act calling on, MILITIA LAWS. how to be used by Congress to destroy slavery, 478-508 of States are subject to the laws of Congress as to the persons admitted to representation, &c., 445 v. Andrew Johnson (4 Wallace, 497), 579 MISSOURI, STATE OF, ats. CUMMINGS (4 Wallace, 316), 556 MONTGOMERY ats. JECKER (18 How. 112), . 519 |