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Military Government of Hostile Territory in Time of War (Classic Reprint)
No preview available - 2017
Military Government of Hostile Territory in Time of War
Dr William Whiting
No preview available - 2016
Act of Congress administer allegiance Appendix appointed arms army and navy articles of war belligerent law belligerent rights ceded citizens civil collector commander Commander-in-Chief confederate conquered conqueror conquest Consti Constitution courts martial crimes decisions declared delegated duties Dynes enemy's country enforced engaged erect ernment established Executive exercise foreign country Halleck held institutions insurrection insurrectionary Judge judicial courts July 17 jurisdiction jury law of nations laws of Congress laws of war Leitensdorfer liable limits Louisiana loyal martial law ment Mexico mili military authority military commissions military courts military government military law military power military tribunals militia necessary officer orders organized peace persons political possession prescribed present rebellion President proceedings proclamation prosecuting provisional government public enemies punishment question rebellious rebels recognized rules and regulations Secretary of War secured slaves statutes subjugated Supreme Court Tamaulipas Tampico tary territory tion treaty trial Union United validity Vallandigham's Wheaton
Page 83 - It may not be unworthy of remark, that it is very unusual, even in cases of conquest, for the conqueror to do more than to displace the sovereign and assume dominion over the country. The modern usage of nations, which has become law, would be violated; that sense of justice and of right which is acknowledged and felt by the whole civilized world would be outraged, if private property should be generally confiscated, and private rights annulled.
Page 17 - The United States shall guaranty to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.
Page 83 - ... violated, that sense of justice and of right which is acknowledged and felt by the whole civilized world would be outraged, if private property should be generally confiscated, and private rights annulled. The people change their allegiance, their relation to their ancient sovereign is dissolved, but their relations to each other, and their rights of property, remain undisturbed.
Page 86 - ... proceedings against ambassadors or other public ministers, or their domestics, or domestic servants, as a court of law can have or exercise consistently with the law of nations; and original, but not exclusive jurisdiction of all suits brought by ambassadors or other public ministers, or in which a consul or vice-consul shall be a party.
Page 46 - An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, and to repeal the act now in force for that purpose...
Page 85 - Military offences under the statute law must be tried in the manner therein directed; but military offences which do not come within the statute must be tried and punished under the common law of war. The character of the courts which exercise these jurisdictions depends upon the local laws of each particular country. In the armies of the United States the first is exercised by courts-martial ; while cases which do not come within the Rules and Articles of War, or the jurisdiction conferred by statute...
Page 78 - Perhaps the power of governing a territory belonging to the United States which has not by becoming a state acquired the means of self-government may result necessarily from the facts that it is not within the jurisdiction of any particular state, and is within the power and jurisdiction of the % United * States. The right to govern may be the inevitable consequence of the right to acquire territory. Whichever may be the source whence the power is derived, the possession of it is unquestioned.
Page 80 - Attempts have been made to evade the rule of public law by the interposition of a neutral port between the shipment from the belligerent port and the ultimate destination in the enemy's country, but in all such cases the goods have been condemned as having been taken in a course of commerce rendering them liable to confiscation.