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Mason, Colonel-Continued.

announcement regarding military government: 101.

instructions of William L. Marcy to: 102.

Matadero River:

concession for canalization of, report on: 571.

application of Pelaez de Amigo and Manuel Gomez de Aranjo for concession: 542.
authority to construct canal granted: 572, 579.

purchase of concession by Habana Canal Company: 572.

report of Brigadier-General Ludlow on: 572.

opinion of Juan F. O'Farrill that decree granting concession is null and
void: 575.

concession is prima facie lawful: 577, 587.

Habana Canal Company entitled to exercise rights created by concession: 578,
587.

construction of recognition of concession: 578, 587.

courts of Cuba not bound by recognition: 578, 587.

exercise of rights claimed subject to direction of provisional government, etc.:
578,587.

approval by Secretary of War of views expressed in report: 578, 594.

opinion of José R. Villalon as to validity of concession: 588.

opinion of administrative council against validity of concession: 590.
recommendations as to proper action: 593.

instructions of Secretary of War to General Wood: 594, 595.

Matthews v. McStea:

regulation of trade with hostile territory: 221.

Mazzantini y Equia, Tomas:

contract with municipality of Habana: 541.

Meiklejohn, Geo. D.:

action of, on claim of Miguel Porrata Doria: 451.

Antonio Alvarez Nava y Lobo: 457.

action on report on claim of Fermin Sagardia: 472.

denial of application of Frank H. Griswold: 495.

approval of views set forth in report on concession to canalize Matadero River:
578.

Merryman v. Bourne:

ownership of municipal lands under change of sovereignty: 384, 468.

Merryweather & Sons:

report on claim of, for damages occasioned by refusal to permit further execution

of alleged contract: 407.

claim alleged by: 407.

Mexico:

communication to Secretary John Hay: 410.

final disposition of, by Secretary of War: 411-414.

treaty of 1848 with the United States: 41, 83, 96, 101, 166.

necessity of military government in New Mexico and California: 16.

provisions regarding protection of property rights: 383, 464.

how made effective: 44.

proclamation of: 101.

message of President Polk notifying ratification of: 168.
treaty of 1853 with the United States (Gadsden Purchase): 42.
peso of, principal medium of exchange in Philippine Islands: 256.
export duty on, in the Philippines: 257.

succession of, to territorial rights of Spain: 304, 327.

relinquishment of Upper California and New Mexico: 41.

Mexico-Continued.

ambassador at Washington, request for information as to extradition of fugitives
from justice in Cuba: 523 et seq.

end of Mexican rule in California: 28, 359, 390, 492.

Meyers, Benj. F., Representative from Pennsylvania:

debate on appropriation of purchase price of Alaska: 155.

Michigan:

laws relating to treason, etc.: 678.

Military authority:

supremacy of, over civil authority, repugnant to principles of United States Gov-

ernment: 23.

Military authorities of United States:

not prohibited from maintaining governments: 12.

Military districts:

division of rebel States into: 17.

Military government:

in islands ceded by Spain; report on powers, etc., of: 11.
powers of, in civil affairs, after peace treaty of 1898: 16.

justified and required until civil government established: 16.
(See Islands.)

in California-

origin of: 12.

how instituted: 12.

continued existence of: 16.

in New Mexico: 12.

continued existence of: 16.

in Cuba-

effect of treaty of peace on: 19 et seq.

substitute for previous sovereignty: 31, 538.

derives its powers from laws of war; 34.

identical with military operations of a belligerent: 35.

right of, to expropriate private property: 360.
exercise of judicial powers by: 580.

in Porto Rico-

does not occupy place of sovereignty of Spain: 20.

effect of treaty of peace on: 19 et seq.

is representative of sovereignty: 20.

purposes of: 26.

means of accomplishment: 26.

may exercise police power: 28.

right of, of civil affairs to issue military orders: 29.

in the Philippines-

effect of peace treaty upon: 19 et seq.

originally an instrument for promoting war with Spain: 36.

is authorized to exercise rights of belligerent: 36.

administration of: 232.

in Texas, duration of: 18, 235.

is dominion exercised by belligerent power: 12,362.

is a form of military jurisdiction: 12,363.

takes place of suspended or destroyed sovereignty: 12,363.
occasion of, is expulsion of existing sovereignty: 13.

continues until permanent sovereignty established: 13.
powers of, how restricted: 13.

how administered in ancient times: 13, 62.

Military government-Continued.

not considered as doing away with all laws: 14.

powers of, when devoted to civil affairs: 15.

is the creature of necessity: 15.

may continue in bello cessante or in flagrante bello: 17, 363.

course of Congress regarding, after civil war: 17.

may continue after cessation of hostilities: 17, 25, 363.

provisions of, regarding, in reconstruction acts: 17.

reasons for, in rebel States: 18.

is authority by which commander governs conquered territory, etc.: 18, 229, 263.
ceases at the pleasure of him who instituted it: 18, 363.

difference of power of, for promoting warfare and in time of peace: 21.

by martial rule until laws can have their free course: 21.

purpose of, after cessation of war: 23.

right of President to form, during war: 23, 25.

Congress may terminate temporary government formed by President: 25.
requirements of, in conquered territory in time of peace: 26.

provisions of treaty of peace and international law binding upon: 28.

has no right to grant lands or confirm titles: 28, 359.

may exercise legislative powers in time of war: 29.

in time of peace is lawful government and government of law: 30.

can not declare sovereign will of the people: 151.

civil and penal law continues in force under, unless otherwise ordered: 12, 14, 198.
legislative, executive, or administrative functions of opposing sovereignty cease
under: 12, 198.

duties of: 216.

is subject only to conditions and restrictions of laws of war: 278.

regulation of trade an incident of: 302, 225, 325, 338.

termination of, not coincident with cessation of hostilities: 19, 363.

a substitute ad interim for sovereignty: 366.

right of military authorities to maintain: 12.

Birkhimer on: 18, 363.

Military governor:

officer acting as, to obey orders of superiors: 28.

Military justice:

provisions of Spanish code of: 563, 564–566.

(See Idulla Saez.)

Military law:

distinction from martial law: 36, 278, 368.

Lieber's Manual for United States Army in the Field: 11, 14, 198, 212, 225, 335,
424.

Brussels project of an international declaration concerning laws of war: 11.

Military necessity:

What is understood by: 12.

Military occupation:

services to be performed by military governments arising from: 11.

functions of hostile government cease under: 14.

civil and penal law continue in force under: 14, 198.

authority of local, civil, and judicial administration suspended under: 198.

creates obligation to provide for administration of civil affairs: 216.

regulation of trade with territory subject to: 225.

produces no effect on private property: 386, 464, 543.

Military operations:

in the Philippines: 237.

Military power:

exercise of, not to be pushed beyond requirements of exigency: 15.
necessary to govern Philippines, in whom vested: 241, 233.

Miller, J.:

opinion in Koszta case: 119.

Milligan, Ex parte:

powers of Congress to direct operations of military forces: 35, 278, 279, 368.

(See Chase, Ch. J.)

Mindanao:

administration of: 231.

(See Philippine Islands.)

Mindoro:

administration of: 231.
(See Philippine Islands.)

Minerals:

(See Mining claims.)

Mining claims:

in Cuba: 351-373.

order of military governor continuing granting of: 352.

ownership of mineral, under Spanish law: 353.

laws relating to, under Spanish dominion continued under American occu-
pation: 356.

Spanish laws in force: 357.

powers conferred upon provincial governor: 358.

provisions for exercise of right of eminent domain: 359.

opinion of Attorney-General: 370 et seq.

in Porto Rico: 351-373.

in the Philippines: 351-373.

provisions regarding mining bureau: 352.

(See Foraker resolution, etc.)

Mining rights in the Philippines: 233.

(See Mining claims.)

Minnesota:

[blocks in formation]

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

laws relating to treason, etc.: 679.

Mitchill, Representative:

debate in House on Louisiana purchase treaty: 127.

Mompó y Plá, J. Antonio:

report on claim for refund of excess duties imposed at Manila: 625–630.

Money:

approval of views by Acting Secretary of War: 630.

of the United States, act of Philippine Commission to prevent discrimination
against, report on: 255.

purposes of Commission in passing: 256.

seizure of, by United States military forces found in Spanish treasuries in
Manila: 621-625.

recommendations: 624.

Monopolies:

approval of, by Acting Secretary of War: 624–625.

creation of, prohibited in some States: 296.

created in Cuba under Spanish sovereignty: 539.

Monroe, James, President:

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

(See Ex proprio vigore.)

Montana:

extension of United States Constitution to: 90.

laws relating to treason, etc.: 679.

Moore, International Arbitrations:

unlawful acts of individual soldiers: 343.

Moore v. Steinbach:

continuation of laws affecting public property after change of sovereignty: 27,
384,, 465, 468.

Morel, M.:

director of the International registry of trade-marks: 306.

letter to Secretary of the Interior regarding trade-marks in the Philippines,
306, 307.

Mormon Church v. United States:

power and scope of legislative powers of Congress: 85, 88.
Morocco:

consular courts in: 59.

Mumford v. Wardwell:

power of military governors to grant lands, etc.: 28, 359, 390, 492.

Municipal councils:

law for reorganization of, of Cuba of 1859: 208.

Municipalities:

in Cuba-

report on right of, to grant permission to railroad companies to cross high-
ways, etc.: 374-391.

right to acquire property, etc.: 374, 382.

real property acquired by: 374.

how affairs of, conducted: 374.

action of municipal officials subject to approval of general administration:
374.

purpose of surveillance: 374.

Spanish laws relating to; continued in force under military government: 374.
laws of, substantially the same for Porto Rico: 375.

policy recommended by President for Porto Rico adopted and pursued in
Cuba: 375.

progress made toward independent administration of their own affairs: 375.
petition for increased railway facilities: 375.

how property belonging to, may be divided: 377.

streets and highways owned by: 378.

how property of, divided by Spanish law: 378.

right of, to alienate rights to streets: 378.

power of, to regulate and control use of streets under Spanish law: 378.

authority of, to grant permits for use of streets: 378.

provisions of municipal laws in force under Spanish sovereignty: 379.

general law of public works: 380.

regulations for its execution: 380.

railroad law for. 380.

regulations for the execution of: 380.

establishment of towns within limits of: 381.

land dedicated to public use as streets is public property: 382.

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