Jury, trial by-Continued.

right of, in suits at common law, applies to Territories: 110.

grant by, to San Francisco of right, etc., of United States to beach and water lots

application of Ramon Valdez for license to utilize water power of, report on:

President can not establish courts in conquered territory to administer: 22. obligations of, binding upon military government: 28.

Laws:

of conquered territory, right of King to change: 25.

incompatible with character, etc., of United States Government are null and void: 27.

relating to alienation of public property pass away with surrendered sovereignty: 27.

of the State must be enforced by sovereign: 188.

embargo, enactment of: 238.

in force under martial rule. (See Municipal laws; Political laws; Martial law and rule.)

Laws of war:

take place of Constitution of United States, etc., under martial law: 13.

Laws and usages:

can not be applied to citizens in States upholding authority of Government: 21. Legal power:

duties of occupier when suspended: 11.

Legal status:

of territory and inhabitants of islands acquired by United States during war

with Spain:

report on: 37.

Legal-tender cases:

opinion of Bradley, J., in: 69.

Legislative authority:

not bound by constitutional limitations in legislating for territory outside of territorial boundaries of a State: 241.

Legislature:

will of, regarding national boundaries must be respected: 47.

(See Congress.)

of a State; powers of sovereignty exercised by: 108.

can not bargain away police power: 205.

Leib, Representative:

debate on Louisiana: 132.

Lèse majesté:

provisions of Spanish penal code regarding: 548.

Letters of marque:

constitutional provisions regarding: 25, 63, 86, 622.

Liabilities incurred by Spain:

United States not liable for: 180.

debt of General Government does not pass with ceded territory: 182.

Lieber's instructions:

for the Government of United States armies in the field: 11, 14, 198, 212, 225, 335, 424.

Lincoln, Abraham, President:

attempt of, to weaken rebellion: 24.

theorem announced by: 105.

election of: 105.

declaration of Republican convention which nominated: 105. proclamation of, declaring ports of rebel States blockaded: 220.

certain States in a state of insurrection: 220-253. inviting rebellious States to form loyal governments: 243.

Loans:

authority of municipalities in Porto Rico to contract: 457-463. Lobo, Antonio Alvarez Nava y. (See Nava y Lobo.)

Lorraine. (See Alsace and Lorraine.)

Lotinga, A.:

application to State Department for purchase of the wreck of the Alfonso XII: 558. (See Vessels.)

Loughborough v. Blake:

decision of Marshall, Ch. J., in: 91 et seq.

when decided: 92.

right of Congress to impose a direct tax on the District of Columbia: 91.

Loughridge, Representative from Iowa:

debate on bill appropriating purchase price of Alaska: 152-155.

Louisiana:

provisional court established during civil war: 21

formation of State government in: 24, 244.

refusal of Congress to recognize: 24, 244.

Louisiana-Continued.

exercise of legislative and judicial powers by Governor Claiborne: 30. purchase treaty

debate on: 34, 124-128, 129, 130.

provisions of: 41, 77, 83.

how made effective: 43.

assailed as an act of imperialism: 122.

ratification of, by Senate: 124.

assailed as being unconstitutional: 124.

formulation, approval, and ratification of: 159.

provisions of, regarding inhabitants of ceded territory: 243.

status of ceded territory to Federal Government: 243. trade: 332.

commissioners sent by Jefferson to secure transfer of possession: 43. code of laws in, in 1803: 44.

purchased by United States in their confederate capacity: 67, 78. acquisition of, by United States: 77, 85, 104.

Congressional act providing for government of: 78.

authority granted Indiana officers over: 78.

purchase of, purposes of: 79.

message from Jefferson to Congress with regard to purchase of: 123.

passage of bill providing for government of: 131.

provisions of final bill for government of: 132.

debate on bill providing Territorial form of government for: 132 et seq. tariff in: 159 et seq.

Gallatin's report on the finances: 159, 161.

revenue collected at New Orleans: 159.

instructions of Gallatin to Claiborne for taking possession of: 159.

duties on imports and exports: 159.

appointment of H. R. Trist as collector at New Orleans: 159.

instructions of Gallatin to Trist regarding taxes, etc.: 159.

extension of United States laws regarding imports and tonnage to: 160.

purchase: claim of Jefferson that west Florida included in: 161.

advantage in importation of French and Spanish products to New Orleans: 162. inhabitants of, declared in a state of insurrection: 253.

laws relating to treason, etc.: 675.

Ludlow William:

Civil governor of Habana: 453.

Lumber in the Philippines.
Luzon:

administration of: 231.

(See Timber; Forests; Franchises.)

(See Philippine Islands.)

Lyon, Representative:

debate on Louisiana in House: 133.

M.

McCulloch v. State of Maryland:

character and scope of legislative power of Congress; opinion of Marshall, Ch. J.:

70 et seq.

McKinley, William, President:

sentiments regarding islands ceded by Spain, etc.: 64.

letter to Secretary of War relating to government of civil affairs in Cuba, etc.: 217. order of, imposing customs duties in the Philippines: 217.

appointment of Philippine Commission by: 229.

13635-02-49

McKinley, William, President-Continued.

order of, prohibiting the granting of concessions, etc., in Porto Rico: 385, 440, 464. message to Congress regarding municipalities in Porto Rico: 375.

letter to Secretary of War on powers of military occupant, etc.: 517.

McPherson, United States Army transport:

report on claim of American Mail Steamship Company, for towing: 414. Madrid Gazette:

extract from, regarding Cuban debts, etc.: 185–186.

Magna Charta:

guaranty of trial by jury: 110.

Maine:

laws relating to treason, etc.: 676.

Manila, city of:

claim of Merryweather & Sons, on account of refusal of, to permit further execution of contract: 407.

seizure of funds found in Spanish treasuries by United States forces: 621-625. recommendations: 624.

approved by Acting Secretary of War: 624-625.

report on claim of J. Antonio Mompó y Plá for refund of excess duties: 625–630. approval of views by Acting Secretary of War: 630.

(See Philippine Islands.)

Manila-Dagupan Railway concession:

refusal of United States to assume obligations of: 182. payment in lieu of transfer of obligation: 182.

guarantee contained in, not a lien upon revenues of the Philippine Islands: 193. Manila Railway Company:

report on claim of, for payment by United States of interest, etc.: 177 et seq. concession to, for railway from Manila to Dagupan: 179.

terms of concession: 179.

amount invested in railway: 179.

claim against United States Government: 179.

guaranty of Spanish Government contained in concession: 180.

contention of, regarding character of obligation sought to be enforced: 185. subvention guaranteed to, by Spain: 179, 186.

United States not liable for: 179.

is not a lien upon Philippine Island revenues: 193.

Marcy, Wm. L.:

instructions to Colonel Mason in California: 102.

Maritime Captures. See Captures.

Market house:

contract for, in Sancti Spíritus, and rights thereunder of Primitivo Gutierrez. (See Gutierrez.)

Marque, letter of:

constitutional provisions regarding: 25, 63, 86.

Marshall, John, Chief Justice:

opinion of, in McCulloch v. State of Maryland: 69 et seq.

opinion of, in Loughborough v. Blake: 91.

on effect of action of political branch of Government regarding territory: 47.

in Johnson v. McIntosh: 65.

as to right of Congress to impose direct tax on District Columbia: 91.

in American Insurance Co. v. Canter: 94.

on confiscation of property: 280.

Marti y Buguet, Ramon:

report on administration of estate of: 473-478.

holding of court at Santa Clara regarding nationality of: 473, 476.

sustained by secretary of justice of Cuba: 474.

contrary to provisions of treaty of peace with Spain: 477.

jurisdiction of Santa Clara court to institute testamentary proceedings: 477. action taken by Secretary of War: 478.

Martial law:

immediate and direct effect of occupation, etc.: 11.

does not cease during hostile occupation, and exceptions: 11.

defined by Chief Justice Chase: 12,363.

is military authority: 12,363.

civil and penal law continue in force unless otherwise ordered: 12, 14, 198. legislative, executive, or administrative functions of hostile government cease under: 12, 198.

an authority called into action in locality of United States: 12, 363.

takes place of governmental agencies under certain conditions: 12. occasion of, is public exigency: 13.

ceases when district sufficiently tranquil: 13.

functions of hostile government cease under: 14.

effect of exercise of, when regulated by Congress: 36.

distinction from military law: 36, 278, 368.

is unwritten law: 36.

is beyond jurisdiction of Congress: 36.

defined by Pomeroy: 19, 36, 229, 278, 363.

affects chiefly police power and collection of public revenues: 424. Martial rule:

is an element of the jus belli: 13.

incidental to state of war, etc.: 13. when resort may be had to: 14. intention of: 14.

private property may be taken for public purposes under: 14.

is the creature of necessity: 15, 35.

may become a necessity in case of foreign invasion: 15.

provisions regarding, in reconstruction acts: 17.

occasions when, can be applied: 21.

can not exist where courts are open: 21.

includes authority to deal with each necessity: 26.

necessity, meaning of, in connection with justification of: 26.

of, must be shown: 35.

if made subject of legislation, justification is question of law: 35. (See Martial law; Military government.)

Maryland:

refusal of, to ratify Articles of Confederation: 75.

creation of monopolies in, prohibited: 296.

laws relating to treason, etc.: 676.

Maskat:

consular courts in: 59.

Massachusetts:

cession of land by, to Federal Government: 123. laws relating to treason, etc.: 678.

Mason, Colonel:

proclamation of treaty with Mexico in California: 101.