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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

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duty of the conqueror to govern those whom he has subju-
gated, .

273

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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,
necessity of, in the present condition of the insurgent States, 269
authority to institute such governments belongs both to the

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the right of Congress to establish such governments is unques-
tionable,

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,

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General Shepley, General Butler, Judge Peabody, Sequestra-

does the Constitution prohibit such courts?

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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
290

public enemies are the inhabitants of seceded States public
enemies, and therefore subject to?

the question whether the inhabitants of insurrectionary States
are to be deemed public enemies is determined by the
political departments of our government, not by the ju-
diciary,

292

293

294, 295

the political departments of our government have finally deter-
mined that they are public enemies, and thus subject to, 296
the President, and the acts of the Executive, on that subject, 296
Congress, and the acts of the Legislative Department, on that
subject,

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299-304

the judiciary, and the position of the Supreme Court in refer-
ence to, having adopted the action of the political de-
partments, as it was bound by the Constitution to do, 304

delegation of authority, .

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307

how created and controlled, and how terminated by Congress,

209

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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
disobeys the laws of Congress relating to,

314

reasons stated why the President may establish,
jurisdiction of, when established by the commander-in-chief,
the law administered by,

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as to local laws in conquered districts, whether the municipal
laws of the conquered district remain in force proprio
vigore, unless altered, &c.,

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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
a foreign country, .

321

distinction between alien and public enemy,
President's proclamation, effect of, in hostile country not un-

321, 322

der our control,

322

United States judicial courts may be reëstablished, but are at
present (1864) useless in the rebellious districts,

324

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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,

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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,
power exercised by Congress to erect, was used in the Freed-

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

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the decision in Georgia v. Stanton that judicial courts cannot
decide political questions,

445

the Supreme Court cannot interfere with the military govern-
ments under the reconstruction laws,

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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
over them, see act March 2, 1867,

see Index, "Military Courts."

Chase, Chief Justice, remarks at Raleigh, N. C., 1867, Ap-
pendix,

see "Confederate Acts organizing Military Courts,"

see Index, "Confederates," "Rebels," "Confiscation Acts of the
Confederates," &c.

MILITARY LAW.

definition of,

distinguished from martial law,

see "Martial Law."

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446

596

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447

275

274, 275

MILITARY POWER.

of the President may be effectually controlled by refusal of Con-
gress to vote supplies,

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
whoever opposes that right strikes at the life of the nation,

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aliens not liable to, although they have served in the rebel

army,

374

aliens voluntarily enlisting in our service not entitled to be dis-
charged,

374

aliens forced into the enemy's service and afterwards captured

by our forces, whether entitled to discharge,
acts of Congress for calling the military forces into, history of,

388

478-494

182

82

acts done by officers, in pursuance of orders, are justifiable,
see note to page

this principle confirmed by act of Congress, March 2, 1867,

ch. 155.

see acts March 3, 1863, May 11, 1866, and 1868, ch. 276.
act of May 8, 1792, the foundation of the military system of the
United States,

MILITIA.

480, 504

law of the United States regulates the qualifications of persons.
who may be enrolled as State militia,

480

see note on "Laws for raising and organizing our military

forces," pages

of the States, called out under act 1795, note,

478-480
478

MILITIA continued.

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President's call of May 3, 1861, for 42,034 men,
colored men excluded from, by law, prior to 1862,
act May 8, 1792, in force till 1862, excludes colored persons
from militia of States,

General McClellan enforced this law relating to,

478

478

479, 480
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-
visions stated,

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
by the confiscation act of July 17, 1862,

act of July 17, 1862, ch. 205, debates in Congress upon arming

483

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486

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equalization of pay of colored and white soldiers,

who shall constitute militia of the United States must be de-
termined by law of Congress,

510

23, 478

who constitute the militia of the States must be determined in
like manner (see note to p. 20),

478

law of July 17, 1862, ch. 201, for amending the act calling
forth the militia and introducing colored persons into
the army, its origin, history, and debates in Congress

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
who may be lawfully enrolled in the militia of the sev-

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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

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