In New Orleans v. New York Mail Steamship Co.9 was considered the status of territory of the Southern Confederacy which had been conquered by the federal forces. The court held that the federal forces in possession might exercise the same absolute authority as in the case of territory conquered from, a foreign State.10

9 20 Wall. 387; 22 L, ed. 354.

10 "Although the City of New Orleans was conquered and taken possession of in a civil war waged on the part of the United States to put down an insurrection and restore the supremacy of the National Government in the Confederate States, that government had the same power and rights in territory held by conquest as if the territory had belonged to a foreign country, and had been subjugated in a foreign war. The Prize Cases, 2 Black, 635; 17 L. ed. 459: Mr-. Alexander's Cotton, 2 Wall. 404; 17 L. ed. 915; Mauran v. Ins. Co., 6 Wall. 1; 18 L. ed. 836. In such cases the conquering power has a right to displace the pre-existing authority, and to assume, to such extent as it may deem proper, the exercise by itself of all the powers and functions of government. It may appoint all the necessary officers and clothe them with designated powers, larger or smaller, according to its quest, and it did not cease, as a matter of course, or as a necessary consequence of the restoration of peace. The President might have dissolved it by withdrawing the army and navy officers who administered it, but he did not do so. Congress could have put an end to it, but that was not done. The right inference from the inaction of both is, that it was meant to be continued until it had been legislatively changed. No presumption of a contrary intention can be made. Whatever may have been the causes of delay, it must be presumed that the delay was consistent with the true policy of the government. And the more so as it was continued until the people of the territory met in convention to form a state government, which was subsequently recognized by Congress under its powers to admit new States into the Union."