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. 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 concession is prima facie lawful: 577, 587. Habana Canal Company entitled to exercise rights created by concession: 578, 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.: 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. 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: 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. 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 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. justified and required until civil government established: 16. 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. 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. continues until permanent sovereignty established: 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. 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. 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. 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, 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. 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. 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- 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: 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 purposes of Commission in passing: 256. seizure of, by United States military forces found in Spanish treasuries in 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. (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, Morel, M.: director of the International registry of trade-marks: 306. letter to Secretary of the Interior regarding trade-marks in the Philippines, Mormon Church v. United States: power and scope of legislative powers of Congress: 85, 88. 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- 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: purpose of surveillance: 374. Spanish laws relating to; continued in force under military government: 374. policy recommended by President for Porto Rico adopted and pursued in progress made toward independent administration of their own affairs: 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. |