Reports on the Law of Civil Government in Territory Subject to Military Occupation by the Military Forces of the United States Submitted to Hon. Elihu Root ... |
From inside the book
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Page 13
... rule is simply public exigency which may arise in time of war or peace . A military government , since it takes the place of a deposed sover- eignty , of necessity continues until a permanent sovereignty is again established in the ...
... rule is simply public exigency which may arise in time of war or peace . A military government , since it takes the place of a deposed sover- eignty , of necessity continues until a permanent sovereignty is again established in the ...
Page 14
... rule as follows : All civil and penal law shall continue to take its usual course in the enemy's places and ... rule in order to enforce the law and accomplish the purposes of government . Martial rule is intended to effectuate some law ...
... rule as follows : All civil and penal law shall continue to take its usual course in the enemy's places and ... rule in order to enforce the law and accomplish the purposes of government . Martial rule is intended to effectuate some law ...
Page 15
... rule is derived from the established doctrine that military government or martial rule is the creature of necessity , and its acts must be justified by necessity - real or apparent . ( See The Justification of Martial Law , by G. Norman ...
... rule is derived from the established doctrine that military government or martial rule is the creature of necessity , and its acts must be justified by necessity - real or apparent . ( See The Justification of Martial Law , by G. Norman ...
Page 17
... rule in the several States mentioned . For this purpose said act required : That said rebel States shall be divided into military districts and made subject to the military authority of the United States . ( 14 Stat . L. , 428. ) The ...
... rule in the several States mentioned . For this purpose said act required : That said rebel States shall be divided into military districts and made subject to the military authority of the United States . ( 14 Stat . L. , 428. ) The ...
Page 21
... rule until the laws can have their free course . As necessity creates the rule , so it limits its duration ; for if this government is con- tinued after the courts are reinstated , it is a gross usurpation of power . Martial rule can ...
... rule until the laws can have their free course . As necessity creates the rule , so it limits its duration ; for if this government is con- tinued after the courts are reinstated , it is a gross usurpation of power . Martial rule can ...
Common terms and phrases
acquired action allegiance American application Army Attorney-General belligerent belonging cable Captain ceded cession citizens civil government claim concession conferred Congress conquest Constitution contract court say Crown of Spain declared decree Department determined Division of Insular duties ELIHU ROOT enemy established execution exercise existing follows government of Cuba Government of Spain governor grant Habana inhabitants Insular Affairs insurrection island of Cuba judicial jurisdiction land laws of war legislative Manila matter ment Merryweather & Sons Mexican Mexico military authorities military government military occupation misprision of treason municipal nation necessary obligations officers person Philippine Islands Porto Rico ports possession President privileges proceedings provisions punished purpose question referred regard regulations rule Secretary Secretary of War secure Senate sovereign sovereignty Spanish Government Spanish law Sulu Archipelago Supreme Court Telegraph territory therein thereof thereto tion treason treaty of peace United War Department
Popular passages
Page 665 - If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States...
Page 246 - The civil rights and political status of the native inhabitants of the territories hereby ceded to the United States shall be determined by the Congress.
Page 608 - Until Congress shall provide for the government of such islands all the civil, judicial and military powers exercised by the officers of the existing government in said islands shall be vested in such person or persons and shall be exercised in such manner as the President of the United States shall direct; and the President shall have power to remove said officers and fill the vacancies so occasioned.
Page 517 - And as the island is, upon its evacuation by Spain, to be occupied by the United States, the United States will, so long as such occupation shall last, assume and discharge the obligations that may under international law result from the fact of its occupation, for the protection of life and property.
Page 95 - They are legislative courts, created in virtue of the general right of sovereignty which exists in the government, or in virtue of that clause which enables Congress to make all needful rules and regulations, respecting the territory belonging to the United States.
Page 76 - And for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws, and constitutions, are erected; to fix and establish those principles as the basis of all laws, constitutions, and governments, which forever hereafter shall be formed in the said territory...
Page 118 - Spanish subjects, natives of the peninsula, residing in the territory over which Spain by the present treaty relinquishes or cedes her sovereignty, may remain in such territory or may remove therefrom, retaining in either event all their rights of property, including the right to sell or dispose of such property or of its proceeds, and they shall also have the right to carry on their industry, commerce, and prol'essions, being subject in respect thereof to such laws as are applicable to other foreigners.
Page 76 - It is hereby ordained and declared, by the authority aforesaid, that the following articles shall be considered as articles of compact, between the original States and the people and States in the said territory, and forever remain unalterable, unless by common consent...
Page 675 - On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors.
Page 124 - The inhabitants of the ceded territory shall be incorporated in the Union of the United States, and admitted as soon as possible, according to the principles of the Federal constitution, to the enjoyment of all the rights, advantages and immunities of citizens of the United States; and in the meantime they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess.