INDEX.

Prepared by FRANK L. JOANNINI, of the Insular Division, War Department.
[References are to pages.]

A.

Abacá:

export duty on, in the Philippines: 218.

Absorbtion:

of Texas: 38.

Acquisition of territory:

by the United States, right of, an inherent right of sovereignty: 66, 82.
incidental to power to make war: 82.

treaty-making power: 82, 94.

by discovery and occupation, etc.: 51.

for conversion into States: 81.

of islands from Spain, report on legal status of: 37 et seq.

confirmed by cession by treaty: 94.

powers of governing newly acquired territory by United States: 66.

right of United States to acquire: 66, 94, 108.

methods of: 51.

questions relating to, in United States, belong to political department: 47.
(See Territory.)

Acts, reconstruction (see Reconstruction acts):

nonintercourse: 220, 221.

Adams, John Quincy:

action on controversy between Andrew Jackson and Judge Fromentin: 139.
declaration that Constitution, etc., does not extend ex propio vigore over newly
acquired territory: 140.

Administration:

of estates of deceased persons in Cuba, etc. (See Collector of customs; Marti
y Buguet; Dubuque, Jacob.)

Admiralty matters:

courts can not be established by President in conquered territory: 22.
courts in Porto Rico can not be granted jurisdiction by President in: 30.
jurisdiction, in what courts exercisable: 95, 267, 268.

(See Confiscation; Captures.)

Admittance (American vessel):

seizure of, during Mexican war: 22.

condemnation of, as lawful prize: 22.

libel filed against captain of war vessel: 22.

opinion of court on: 22.

Ahern, Capt. Geo. P.:

in charge of forestry bureau in the Philippines, report of: 607.

Akaba, the:

case of: 420.

Alabama:

creation of State of: 44.

how territory of, acquired: 44.

inhabitants of, declared in a state of insurrection: 253.

laws of, relating to treason, etc.: 671.

Alaska:

discussion in Congress on appropriations for purchase of: 39-40, 152–157.
acquisition of, by United States, by treaty with Russia, 1867: 42, 84.

title of the soil vested in the United States by ratification of treaty with Russia,

1867: 42.

powers of Congress over: 61, 88.

laws made operative in: 80.

is unorganized territory: 80.

governed by Congressional legislation; 88.

proceedings in Congress on bill providing for purchase price of: 151.

treaty for purchase of, proclaimed: 170.

extension of customs and other laws over: 170.

Alfonso XII (Spanish war vessel):

disposition of wreck of: 556 et seq.

(See Vessels.)

Alguacil mayor. (See High sheriff. )

Alienation of public property:

laws relating to, pass away with surrendered sovereignty: 27.
(See Property, public.)

Aliens:

domicil, how acquired: 118.

citizenship can not be conferred by President and Senate on: 126.

how citizenship may be acquired in the United States: 119.

naturalization of: 119.

protection of, against acts of foreign Governments; Koszta's case: 118.

(See Allegiance; Citizenship.)

allegiance due from: 115.

can not present claims against the United States to Congress: 340.

claims of, for unliquidated damages against the United States must be presented

to State Department: 339, 409.

rule of Congress regarding consideration of claims of: 340, 409.

letter of Hamilton Fish regarding claims of: 340, 413.

must address Government through diplomatic representatives of their own Gov-
ernment: 340, 341.

domiciled in belligerent country must share in fortunes of war: 341.

sovereign not responsible to, for injuries from belligerent action or insurgents:
344.

Government liable for injury inflicted on, through its negligence: 344.
cases in which, may maintain suits in United States Court of Claims: 344.
courts of Spain may entertain suits of, against Government: 345.

(See Claims.)

Allegiance:

all powers of government rest upon: 114.

there can be no government without: 114.

must not be confounded with citizenship: 114.

is created by the consent of the individual: 114.
originates with man: 114.

derivation of: 114.

acquired: 114.

Allegiance-Continued.

local or actual, defined: 115.

natural, originally perpetual: 115.
may be absolute or qualified: 115.
theory under the feudal law: 115.

right to transfer, an inherent right of man: 116, 477.
consent to, is presumed from the fact of residence: 117.

correlative of, is protection: 118.

citizenship is not necessary resultant of acknowledgment of: 118.

report on right of Spain to accept renewal of, etc.: 173.

of inhabitants of islands affected by treaty of 1898 with Spain: 173.

how American citizenship may be acquired: 119.

rights of English subjects in American colonies: 116.

right of inhabitants of Alsace and Lorraine to retain, to France: 475.
(See Citizenship; Aliens.)

Alliance:

treaties of, not binding upon new State formed by separation: 190, 303, 327, 639.
Alsace and Lorraine:

right of inhabitants of, to retain allegiance to France: 475.

American civil war:

President's proclamation blockading Southern ports: 220.

cotton and other articles treated as contraband: 222.

end of, as regards private rights: 17,363.

public matters: 17,363, 364.

American Commission at Paris, 1898:

action of, regarding contract obligations: 183.

position taken by, etc., must be supported by coordinate branches of Govern-
ment: 184.

position taken by, regarding Cuban bonds issued by Spain: 192.

sovereignty of United States over Philippines: 247.

declaration of, regarding open door in the Philippines: 331.

American Insurance Company v. Canter:

question involved in: 95.

arguments, etc.: 93 et seq.

opinion of Johnson, J.: 93.

views of Marshall, Ch. J.: 94.

American Mail Steamship Company:

claim of, for services in towing United States transport McPherson, report on: 414.
services rendered by, to be considered as rendered under contract: 417.

what to be considered in settling claim of: 420–421.

(See Salvage.)

American Publishing Co. v. Fisher:

views of Brewer, J., on right of trial by jury in District of Columbia: 111.
Annexation:

of territory. (See Acquisition of territory; Territory).

of Hawaiian Islands: 42.

Appropriation:

for expenses in marking, etc., boundary line between United States and Mexico:
44, 101.

for purchase of Louisiana. (See Treaty; Louisiana. )

for purchase of Alaska, discussion in Congress: 39-40, 152-157.

Arcos, Duke of:

Spanish minister at Washington, letter transmitting memorandum of claim of

José Cagigas: 528.

(See Cagigas, José.)

Arizona:

laws relating to treason, etc.: 671.

Arkansas:

formation of State government in: 24, 244.

refusal of Congress to recognize State government: 24, 244.
inhabitants of, declared in a state of insurrection: 253.

laws relating to treason, etc.: 672.

Army, United States:

increase of: 215.

in the Philippines: 215, 228.

officers, right of, to compensation for extra services. (See Governor-general
of Cuba.)

acting as military governors, bound to obey orders of superior officers, etc.:
28.

conduct of affairs of civil government by, tolerated, not required: 422.
provisions of Revised Statutes regarding allowances to: 423.

purpose of: 423.

detail of, as military instructors at educational institutions: 429.
allowance of extra compensation not contrary to Constitution: 430.
statute prohibiting, from holding civil offices, intention of: 431.
appropriation bill, franchises, etc., in the Philippines. (See Spooner amend-
ment.)

Regulations, provisions of, regarding property captured by United States forces:
622.

Articles of compact:

between original States, etc., and inhabitants of Northwest Territory: 75, 76, 83.
Attorney-General:

opinion of, regarding mining claims in Cuba, etc.: 370 et seq.

letter to Secretary of War regarding wreck of the Alfonso XII in Cuban coastal
waters: 556.

(See Vessels.)

landing of cables in Cuba and Porto Rico, opinion of: 355, 539.

letter to Secretary of War regarding laws in force on change of sovereignty:
28, 29, 188, 200.

opinion of, on application to construct wharf at Ponce: 353.

mining claims in Cuba, etc.: 371–373.

concession to Dady & Co.: 359, 389, 408, 536, 573, 631.

Torre Plá concession for tramway in Habana: 589.

views on right of expatriation: 175.

extra allowances to army officers: 429.

Bank of the United States:

B.

act of Congress to incorporate subscribers to: 172.
establishment of branch in New Orleans: 172.

Banks and banking:

in the United States subject to legislative regulation and control: 258.
property rights subject to jus publicum: 259.

act of Philippine Commission to prevent discrimination against United States
currency not in contravention of principles established for protection of prop-
erty rights in the United States: 260.

Batteries, stationary:

left by Spain in Cuba and Porto Rico, report on suggested agreement for disposi
tion of: 566–571.

Batteries, stationary-Continued.

failure of evacuation commissions to agree as to disposal of: 567.

in the Philippines and Guam, agreement as to: 567.

Baylies, Capt. James:

collector of customs at Cienfuegos, Cuba: 478.
(See Dubuque, Jacob.)

Beds of streams:

in Porto Rico, etc., the property of the Crown: 496.
(See Streams.)

Belligerent occupation. (See Military occupation.)

Belligerent parties:

in a public war are independent nations: 211.

not required to pay for damages to property in track of war: 341, 343.

may occupy and seize property of private individuals without liability for com-
pensation: 345.

Belligerent rights:

authority of United States to exercise, in dealing with insurrection in the Phil-
ippines: 211-218.

customs duties exacted by government of Philippines enforced by exercise of:

211.

may be exercised by sovereignty engaged in suppressing insurrection: 212.
exercise of, by United States in Philippine Islands not affected by treaty of peace
with Spain: 216.

right of United States to exercise, in territory in insurrection: 227.

confiscation of enemy's property: 87.

right to levy contributions on enemy's property: 217.

Benton, Thomas H., Senator:

description of debate in Congress on extension of Constitution to Upper Cali-
fornia and New Mexico: 96 et seq.

statement regarding origin of doctrine announced in Dred Scott case: 84.
"Thirty Years in the United States Senate," quoted: 96-100.

Birkhimer:

on situation existing in rebel States: 18, 365.

regulation of trade, etc.: 225, 303, 325, 338.

on military government: 18, 363.

Black, Wm. M.:

chief engineer of Habana: 453.

Blair, Frank P., district attorney in New Mexico:

letter to Attorney-General regarding prosecution of insurgents: 271–272, 501–502.
Blockade:

right of Federal authorities to, ports of rebellious States: 211.

Lincoln's proclamation declaring, of ports of rebellious States: 220.

Board of harbor works of Ponce, P. R.:

application of, to United States Government for assistance in collecting claim
against Spain: 484, 485.

how created: 484.

approval by Secretary of War of views set forth in report: 485.

Bonds of Cuba:

statement of Whitelaw Reid regarding: 187.

amount issued by Spain: 192.

declarations contained in: 192.

contention of Spanish Commission at Paris (1898) regarding: 192.

Boundaries:

American Commission at Paris (1898) regarding: 192:

of Mexican Republic, designated by treaty of 1848: 41.