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
action: 110.

Commutation of sentences:

by courts of Cuba imposed upon persons serving the same in territory subject to
Spanish sovereignty: 507–510.

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
rights of ownership: 543.

a voluntary renouncement by United States of fruits of conquest in Cuba: 544.
right of Spain to grant, after signing of protocol of August, 1898: 585, 595–603.
Confederation:

right of States to impose export and import duties under: 237.
Confiscation:

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.
is a belligerent right in time of war: 265.

all property within enemy's territory is subject to: 265, 266.
of private property more easily justified in civil wars: 265.
distinction between property on the sea and on land: 266.

establishment of prize courts to determine liability to, of captures at sea: 266.
purpose of court proceedings in: 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.
act of Congress for, of property used for insurrectionary purposes: 267.
of rebel property: 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.
United States may exercise war powers, etc., while engaged in suppressing
an insurrection: 269.

when intended as punishment for crime, must be authorized by legislative
branch: 269.

not the case when war powers of a nation called into action: 269.

in the Philippines, as a punishment for treason against Federal Government
of the United States: 270.

as a punishment for resisting lawful authority of military govern-
ment: 270.

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.
passage of "reconstruction acts:" 17, 364, 363.

(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
by Spain: 24, 46, 175, 243, 246, 247.

act of, declaring the existence of war between the United States and Spain:
23, 362.

refusal of, to recognize action taken pursuant to executive, etc., administra-
tion: 24.

refusal of, to recognize governments established in Tennessee, Arkansas, and
Louisiana: 24, 244.

authority vested in, to establish civil government in Porto Rico: 25.
powers of, regarding war, letters of marque, and captures: 25, 35, 63, 267, 622.
territory, etc., belonging to United States: 25, 63, 245, 89–622.

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-
ers of military districts, etc.: 34.

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
United States: 37, 41.

how opportunity to extend boundaries may be afforded: 38.

completion of transfer of the Floridas: 38.
rejection of proffer of Santo Domingo: 38.
action of, as regards proffer of Texas: 38.

in annexing Hawaiian Islands: 38.

request of to States not to issue grants, etc., for unoccupied territory: 40.
passage of act to accept cession of territory by North Carolina: 40.

joint resolution annexing Hawaiian Islands: 42.

authority of, to legislate for territory appertaining to but beyond the boundaries
of the United States: 50, 57, 61.

may extend boundaries of United States to include island territory: 54.
act of, imposing death penalty for offenses, etc., on the high seas, etc.: 54.
has extraterritorial powers of legislation: 55.

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.
in legislating for territory outside of boundaries of United States, is not bound by
limitations imposed by Constitution: 120.

Congress of the United States-Continued.

powers of, to extend Constitution, etc., over newly acquired territory: 140.
proceedings in, on bill for payment of price of Alaska: 151 et seq.

sovereign will of the people to be declared by: 151, 245.

rights regarding government of territory etc., must be conferred by: 169.
authorization to President to increase Regular Army: 215.

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.
Connecticut:

cession of unoccupied lands to Federal Government: 123.
laws relating to treason, etc.: 672.

Conqueror:

has right to displace preexisting authority: 15, 217, 226.
powers of, unlimited: 15.

by completion of conquest, becomes absolute owner of property conquered 108.
right of, to levy contributions upon enemy: 217.

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:
545-554.

can not merge in misdemeanor: 546.

merges in felony: 547.

requirements of United States Revised Statutes to make offense a punishable
one: 548.

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
government: 13.

of Texas, amendment of, before passage of reconstruction acts: 18.

obligation of United States under, to guarantee every State republican form of
government: 22.

provisions of, regarding war, letters of marque, rules concerning captures: 25, 63,
86, 94, 622.

Constitution and laws of United Statss, etc.—Continued.
legislative powers vested by, in Congress: 25.

limits authority of President over conquered territory: 25.
can have no operation in another country: 50, 57, 58.

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.
guaranties of, apply only to persons within the 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.
signature of: 76.

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-
aries: 90.

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.
debate between Calhoun and Webster on extension of, to Upper California and
New Mexico: 96.

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.
extension of, to the District of Columbia: 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:
171.

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.
constitutionality of Congressional legislation regarding: 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-
pation: 515.

jurisdiction of appeals vested in supreme court of Cuba: 515.

order contrary to provisions of treaty of peace with Spain: 516.
provisions of treaty of peace regarding judicial proceedings: 516.
revocation of order suspending: 518.

Contract:

subject to superior right of public to terminate, etc.: 204.

personal, does not burden sovereignty of ceded territory, etc.: 206.
is express or implied: 346.

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-
ernment: 519-523.

(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.
are the creatures of a law: 492.

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.
established in Mexico by American commander agents of military power: 22.
must await action of Congress for jurisdiction over newly acquired territory: 30.
ordinary, of prior government continue in existence: 30.

in Porto Rico can not be authorized by President to pass on rights of the United
States: 30.

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.