William Strong

“ Indeed, it seems to be conceded on the other side that if the Provost Court had been established by the executive under an order issuing directly from him, no question could now exist as to its validity. But surely a general in the command of a department, in the exercise of war powers, must in the absence of evidence to the contrary, be presumed to act in accordance with the views and under the sanction and authority of the commander in chief. ”

“ It is impossible to believe that when the Union Bank lent this money-General Butler being then in occupation of the city-and allowing the circulation of Confederate money, only 'till further orders'-it is impossible to believe that the directors or officers of the Union Bank lent Confederate notes to be returned at the borrower's pleasure in kind. ”

“ If the judge had the right to hear and determine the case, the plaintiff cannot recover the money paid in satisfaction thereof, even though it be conceded that there was not sufficient proof to authorize the judgment or that the debt was for Confederate money.
'Under the Constitution the United States has the right to make war, to raise and to support armies and navies, to suppress insurrections, and to repel invasions. The measures to be taken in carrying on war and suppress insurrections are not defined ”

“ Upon the conquest of New Mexico, in 1846, the commanding officer of the conquering army, in virtue of the power of conquest and occupancy, and with the sanction and authority of the President, ordained a provisional government for the country. ”

“ Justice BRADLEY was not present at the argument of this case, and took no part in its decision.
Notes
↑ The following is the order of President Lincoln, from which the Provisional Court in New Orleans derived its existence. The reporter inserts it, the whole subject of that court being much referred to in the argument for the plaintiff in error, and in the dissenting opinion:↑ See it, supra, p. 281.↑ See the section in the Appendix.↑ Webster's Dictionary, in verbo, 'Provost Marshal.'↑ The Grapeshot, 9 Wallace, 132; Handlen v. Wickleff; Pennewet v. Eaton, 15 Id. ”

“ McClure, 10 Wallace, 511.↑ 9 Wallace, 129.↑ 20 Howard, 176.↑ Executive Documents, 2d session 29th Congress, vol. 3, Document 19.
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”