LOUISIANA, STATE OF, admitted to representation, &c., . bill to inaugurate a system of public schools for education of see note on "Slavery," LOYALTY TO THE UNITED STATES. party asserting it, in any suit or claim before any court, must voluntary residence in rebel State held to be prima facie evi- 445 396 393 342 383, 384, 385 75 liability to, not inconsistent with liability to civil process, may punish acts which in time of peace would have been inno- 188 189 167, 200 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- lace), 460 when in force is constitutional law, 64 cannot operate at the same time and place, and on the same MASSACHUSETTS ats. RHODE ISLAND (12 Pet. 657), MCCLELLAN, GENERAL. volunteers, prior to July 17, 1862, expelled from the military MEXICO, NEW. 34, 35 530 480 organization of General Scott's military commissions in, 281, 313, 314 when sanctioned by the Constitution, officers of the army who make them are not liable to civil suits or criminal prosecution therefor, on what grounds justifiable, necessity of, . of innocent persons, to prevent hostilities, cause of, not always to be disclosed, 337 38 161 162 168, 169 169, 170 170 173 174 176 184, 185 178 181, 182 186 187 190 193 192 195 197-200 183 183 182, 216 221 by order of military courts, see act March 3, 1867, ch. 155. indemnity for, when claimed by non-neutral aliens,. cutions for any search, seizure, arrest, or imprisonment, see "Indemnity." 181, 182 365 MILITARY COMMANDERS. their powers and responsibilities, powers of, may be delegated; obedience to orders a justifica- making arrests not liable to civil or criminal prosecutions, indemnity act, March 3, 1863, certain acts of, ratified by stat. March 2, 1867, ch. 155, see 66 see also indemnity act of June 27, 1868, ch. 276. protection of, by act 1868, ch. 276, in relation to suits brought MILITARY COMMISSIONS. recognized by statute, 167 181 181 192 202 213 216 216 182 first introduced by General Scott, General Scott's order in Mexico, how organized, how far they interfered with the ordinary administration of municipal laws, are founded on war power alone, recognized by stat. March 5, 1863, ch. 75, jurisdiction conferred on, by Congress, over cases of murder, &c., &c., 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. 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 MILITARY COURTS- continued. jurisdiction of, 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, October 13, 1862, February 13, 1864, acts of, during the rebellion, confirmed; civil courts have no Ex parte Milligan, remarks on, constitutional power of the President to establish, affirmed by MILITARY CRIMES, see "Crimes." MILITARY FORCES. "the United States may require all subjects to do military act of March 3, 1863, for enrolment of, is constitutional, so decided by the Supreme Court, note, resistance to draft justifies arrest by, 446 598 20 205 205 how to act when served by writ of habeas corpus, introduction of colored soldiers into (see note, p. 20), debates in Congress on the introduction of colored into, laws for raising and organizing, MILITARY GOVERNMENT. regard for the proper limitation of authority of the departments of government in relation to, will enable us to avoid fu- 259 259 259 261 261 MILITARY GOVERNMENT — continued. is a mild form of hostilities, 263 264 is a liberal concession to the insurgents, there must be military government, or no government, 265 266 the right to erect, is an essential part of the war power, is founded in necessity and sanctioned by authority,. leading cases, with authorities, relating to, 267 268 the Constitution authorizes the President to establish, when, gated, non scripta, &c., of war, is an act of war, a mode of retaining a conquest, right of, recognized by courts, &c., distribution of powers under, . different kinds of law of war - martial law, military law, lex - 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, the right of Congress to establish such governments is unques- tionable, 270 the basis of the President's power to establish, stated, do courts of war exercise judicial power? would judicial courts be useful as war courts? courts martial— legislative history of, similar courts instituted by President Lincoln, courts of civil jurisdiction under military authority, General Shepley, General Butler, Judge Peabody, Sequestra- does the Constitution prohibit such courts? 281 283 284 284 289 288 |