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, Secretary of War |
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Page 47
... question like this respecting the boundaries of a nation is , as has been truly said , more a political than a legal question , and in its discussion the courts of every country must respect the pronounced will of the legislature ...
... question like this respecting the boundaries of a nation is , as has been truly said , more a political than a legal question , and in its discussion the courts of every country must respect the pronounced will of the legislature ...
Page 50
... question : Has the Congress authority to legislate for territory appertaining to and in the possession of the United States , but outside of the territorial boundaries ? This exact question was presented to the Supreme Court of the ...
... question : Has the Congress authority to legislate for territory appertaining to and in the possession of the United States , but outside of the territorial boundaries ? This exact question was presented to the Supreme Court of the ...
Page 56
... question as to where the sovereignty and jurisdiction of the United States shall be asserted is to be made by the Congress and the Executive . It is a political question , and calls for the exercise of powers possessed by the political ...
... question as to where the sovereignty and jurisdiction of the United States shall be asserted is to be made by the Congress and the Executive . It is a political question , and calls for the exercise of powers possessed by the political ...
Page 91
... question . It is this : Has Congress a right to impose a direct tax on the District of Columbia ? In answering this question affirmatively , Chief Justice Marshall said . ( pp . 318-319 ) : The eighth section of the first article gives ...
... question . It is this : Has Congress a right to impose a direct tax on the District of Columbia ? In answering this question affirmatively , Chief Justice Marshall said . ( pp . 318-319 ) : The eighth section of the first article gives ...
Page 93
... question that the sovereignty of the State or Territory within which it lies , and of the United States , immediately attach , producing a complete subjec- tion to all the laws and institutions of the two governments , local and general ...
... question that the sovereignty of the State or Territory within which it lies , and of the United States , immediately attach , producing a complete subjec- tion to all the laws and institutions of the two governments , local and general ...
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Common terms and phrases
acquired action allegiance American application approved Attorney-General belligerent belonging cable Captain ceded cession citizens claim command Commission 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 force franchise government of Cuba Government of Spain governor grant Habana inhabitants Insular Affairs insurrection 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 payment person Philippine Islands port Porto Rico possession President privileges proceedings provisions punished purpose question railway referred regard regulations rule Secretary Secretary of War secured Senate sovereign sovereignty Spanish Government Spanish law Supreme Court territory therein thereof thereto tion treason treaty of peace United War Department
Popular passages
Page 88 - That the constitution and all laws of the United States which are not locally inapplicable, shall have the s*ame force and effect within the said territory of Nebraska as elsewhere within the United States...
Page 305 - And also that the inhabitants of the United States shall have liberty to take fish of every kind on such part of the coast of Newfoundland as British fishermen shall use (but not to dry or cure the same on that island), and also on the coasts, bays and creeks of all other of his Britannic Majesty's dominions in America.
Page 34 - That the United States hereby disclaims any disposition or intention to exercise sovereignty, jurisdiction, or control over said island except for the pacification thereof, and asserts its determination when that is accomplished to leave the government and control of the island to its people.
Page 84 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the Constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people.
Page 619 - If two or more persons conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose...
Page 81 - 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 mean time they shall be maintained and protected in the free enjoyment of their liberty, property and the Religion which they profess.
Page 305 - States shall continue to enjoy unmolested the right to take fish of every kind on the Grand Bank, and on all the other banks of Newfoundland ; also in the Gulph of St. Lawrence, and at all other places in the sea, where the inhabitants of both countries used at any time heretofore to fish...
Page 74 - 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, to wit: ARTICLE I.
Page 359 - Spain relinquishes all claim of sovereignty over and title to Cuba. 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 155 - Our Constitution declares a treaty to be the law of the land. It is consequently to be regarded in courts of justice as equivalent to an act of the legislature whenever it operates of itself without the aid of any legislative provision.