Common law: trial by jury is an essential part of: 110. belongs to the Anglo-Saxon race: 110. did not attach to territory acquired by United States in war with Spain: 110. can become of force in territory acquired by United States only by Congressional Commutation of sentences: by courts of Cuba imposed upon persons serving the same in territory subject to Concessions in Cuba: Foraker resolution regarding: 357, 367, 387. opinion of Attorney-General: 367. passage of: 367. purpose of, as to municipal rights in Cuba: 387. effect of: 387. how restrictions created by, operate: 388. not to be construed as prohibiting municipality from exercising ordinary a voluntary renouncement by United States of fruits of conquest in Cuba: 544. right of States to impose export and import duties under: 237. of enemy's property: 87. report on: 264 et seq. is a sovereign right: 265. how right of, limited and controlled in time of peace: 265. all property within enemy's territory is subject to: 265, 266. establishment of prize courts to determine liability to, of captures at sea: 266. exercise of rights of impressment, reprisal, etc., constitute: 266. of property to compel peace: 267. Congress has authority to declare will of sovereignty regarding: 267. of private property, right of, derived from laws of war: 269. not conferred by legislation, but may be regulated by: 269. to prevent use by enemy, is exercise of war power: 269. belonging to an insurgent, is an exercise of municipal power: 269. when intended as punishment for crime, must be authorized by legislative not the case when war powers of a nation called into action: 269. in the Philippines, as a punishment for treason against Federal Government as a punishment for resisting lawful authority of military govern- on land, when proper: 279. provisions of Spanish constitutions, etc., regarding: 398. laws of American colonies for. 277. Confiscation-Continued. Congress only authority which can invest courts with jurisdiction to hear and determine proceedings for: 280. (See Property.) Congress of the United States: course of, regarding military government after civil war: 17. (See Reconstruction acts.) can not intrude upon authority of President: 22, 35, 279, 368. to determine civil rights and political status of inhabitants of territories ceded act of, declaring the existence of war between the United States and Spain: refusal of, to recognize action taken pursuant to executive, etc., administra- refusal of, to recognize governments established in Tennessee, Arkansas, and authority vested in, to establish civil government in Porto Rico: 25. legislative powers vested in, by Constitution: 25, 70, 71-73, 74. right of, to legislate for Porto Rico: 29. joint resolution for the recognition of the independence, etc.: 31, 361. by reconstruction acts, conferred judicial and legislative powers upon command- may prescribe manner of asserting sovereignty of United States: 34. indirectly controls course of hostilities: 36, 278, 368. can not interfere with belligerent operations: 36, 278, 368. is vested with the power to extend or contract territorial boundaries of the how opportunity to extend boundaries may be afforded: 38. completion of transfer of the Floridas: 38. in annexing Hawaiian Islands: 38. request of to States not to issue grants, etc., for unoccupied territory: 40. joint resolution annexing Hawaiian Islands: 42. authority of, to legislate for territory appertaining to but beyond the boundaries may extend boundaries of United States to include island territory: 54. right of, to create extraterritorial legislation: 60. has authority to declare the will of the sovereign: 60. legislative powers of, coextensive with authority of United States: 62. powers of, regarding government, etc., of new territory: 66. to legislate regarding slavery: 74. ordinances for government of Northwest Territory reported to: 75. powers of, over Territories of the United States. 85, 89, 107. to legislate for Alaska: 61, 88. Sovereignty exercised by, in legislating for States and Territories: 107. Congress of the United States-Continued. powers of, to extend Constitution, etc., over newly acquired territory: 140. sovereign will of the people to be declared by: 151, 245. rights regarding government of territory etc., must be conferred by: 169. excercise of war powers by: 233. right of, to impose taxes etc.: 92, 237. regulations of export trade by: 238. proceedings in, for impeachment of President Johnson: 24, 244. resolution of, regarding inhabitants of Philippines: 247. right of, to regulate and control trade in time of peace: 332. powers of, over public property: 67. recognition of California as part of the Union: 102, 167. cession of unoccupied lands to Federal Government: 123. Conqueror: has right to displace preexisting authority: 15, 217, 226. by completion of conquest, becomes absolute owner of property conquered 108. Conquest: territory may be acquired by: 51, 85, 108. results from invasion: 86. title by, how acquired and maintained: 86. power to acquire territory by, vested in United States: 94, 108. payment of debt enforced by: 182. is a valid title: 244. boundaries of Union not enlarged by: 244. the definite appropriation of territory: 386, 543. rights of, are derived from force alone: 582. by term, is understood the forcible acquisition of territory, etc.: 582. Consent of the governed (see Allegiance: Expatriation): 114-118. Conspiracy: question of inserting charge of, in complaints against Neely and Rathbone: can not merge in misdemeanor: 546. merges in felony: 547. requirements of United States Revised Statutes to make offense a punishable provisions of Spanish penal code regarding, to commit treason: 548. lèse majesté: 548. rebellion: 54. sedition: 549. defined in Spanish penal code: 549. (See Treason.) Constitution and laws of United States substituted by laws of war under military of Texas, amendment of, before passage of reconstruction acts: 18. obligation of United States under, to guarantee every State republican form of provisions of, regarding war, letters of marque, rules concerning captures: 25, 63, Constitution and laws of United Statss, etc.—Continued. limits authority of President over conquered territory: 25. does not affect territory without United States boundaries: 50. not violated by laws granting extraterritorial rights: 57. established a government for the United States of America: 58, 69. does not establish government for countries beyond limits of United States: 58. enumeration of rights in, not to be construed to disparage others: 68. powers not delegated to United States by, reserved to States, etc.: 68. ratification of: 77. extension of, to Territories of the United States: 84, 140. limitations of, in favor of personal rights: 88. powers and rights created, etc., not inherent to all people: 90. does not extend ex propio vigore to United States territory outside State bound- extension of to New Mexico: 90 organized territories: 90. extends to all places over which the Government extends: 91. war and treaty-making power conferred on Government of Union by: 94. not made for Territories, but for States: 99. can not operate without acts of Congress to enforce it: 99. extension of, to California: 103, 167. vests power to acquire territory in the United States: 94, 108. provisions of, relating to trial by jury apply to Territories: 110. extension of, and laws to Utah: 90, 111. provisions of, regarding trial of crimes: 113. limitations of, apply to Federal courts only: 114. imposed by, do not bind Congress in legislating for territory outside of boundaries of the United States: 120. declarations of Monroe, Adams, and Jackson that, does not extend ex propio rigore over newly acquired territory: 140. Senate debate on extension of, over newly acquired territory:140 et seq. provision of, regarding raising of revenue: 151. treaties: 167. under internal-revenue laws should be as universal in application as tariff laws: provisions of, for direct taxation: 171, 172. Consular courts: regarding taxes and duties: 91, 92, 237, 239. imposition of export duties: 239. establishment of, by Congress: 56. right of Congress to confer jurisdiction in civil matters upon: 58. where maintained by United States: 59. statutory provisions regarding: 59. opinion of Attorney-General Garland: 59. Consuls and vice-consuls: duties of, as to estates left by United States citizens: 479. Contencioso-administrativo proceedings in Cuba: protest of M. F. Viondi against order regarding: 514-518. order of Cuban military government suspending: 514. review of Spanish procedure: 514 et seq. how instituted: 515. jurisdiction of, vested in civil chamber of Habana audiencia upon American occu- jurisdiction of appeals vested in supreme court of Cuba: 515. order contrary to provisions of treaty of peace with Spain: 516. Contract: subject to superior right of public to terminate, etc.: 204. personal, does not burden sovereignty of ceded territory, etc.: 206. consent of owner essential to creation of: 349. Contract obligations: United States not liable for, of Spain: 180, 182, 183, 184. Contributions: right of conqueror to levy, on enemy: 217. Converse v. United States: compensation to officers for extra services: 424. (See Army.) Cook, Mortimer: report on disposition of effects of, in the hands of the Philippine military gov- (See Collectors of customs.) action of Secretary of War as to effects of: 523. Cooley's Constitutional Law: cited: 35. Corea. (See Korea.) Corporations: can not be created in Porto Rico under laws in force under Spanish dominion: 491. how incorporated under Spanish laws: 492. Countess of Buena Vista. (See Buena Vista, Countess of.) Court of Claims of the United States: cases in which aliens may maintain actions in: 344. Courts: admiralty, can not be established by President in conquered territory: 22. in Porto Rico can not be authorized by President to pass on rights of the United consular, establishment of, by Congress: 56. right of Congress to confer jurisdiction in civil matters upon: 58. where maintained by United States: 59. statutory provisions regarding: 59. opinion of Attorney-General Garland regarding: 59. created in Territories are not Federal courts: 114. in Cuba- legal standing of Spanish subjects before: 476. provisions of treaty of peace regarding judgments rendered by: 486, 487,509. |