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 12
... enemy's places and territories under martial law , unless interrupted or stopped by order of the occupying military power ; but all the functions of the hostile government - legis- lative , executive , or administrative - whether of a ...
... enemy's places and territories under martial law , unless interrupted or stopped by order of the occupying military power ; but all the functions of the hostile government - legis- lative , executive , or administrative - whether of a ...
Page 13
... enemy . There is no limit to the powers that may be exerted in such cases save those which are found in the laws and usages of war . In such cases the laws of war take the place * * * of the Constitution and laws of the United States as ...
... enemy . There is no limit to the powers that may be exerted in such cases save those which are found in the laws and usages of war . In such cases the laws of war take the place * * * of the Constitution and laws of the United States as ...
Page 14
... enemy's places and territories under martial law ( military government ) unless interrupted or stopped by order of the occupying military power ; but all the functions of the hostile government — legislative , executive , or ...
... enemy's places and territories under martial law ( military government ) unless interrupted or stopped by order of the occupying military power ; but all the functions of the hostile government — legislative , executive , or ...
Page 15
... enemy or strengthening the invader , its powers are practically boundless . In New Orleans v . Steamship Company ( 20 Wall . , 387 , 394 ) the court say : In such cases the conquering power has a right to displace the preexisting author ...
... enemy or strengthening the invader , its powers are practically boundless . In New Orleans v . Steamship Company ( 20 Wall . , 387 , 394 ) the court say : In such cases the conquering power has a right to displace the preexisting author ...
Page 19
... enemy . ( Pomeroy's Constitutional Law ( Bennett's Third Ed . ) , par . 712 , p . 595. ) Birkhimer says ( p . 290 ) : The experience of the United States Government but adds to the evidence deriva- ble almost universally from the ...
... enemy . ( Pomeroy's Constitutional Law ( Bennett's Third Ed . ) , par . 712 , p . 595. ) Birkhimer says ( p . 290 ) : The experience of the United States Government but adds to the evidence deriva- ble almost universally from the ...
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Common terms and phrases
acquired action administration allegiance American application Army Attorney-General belligerent belonging cable Captain ceded cession citizens civil government claim concession conferred Congress conquest Constitution contract court say courts of Cuba Crown of Spain declared decree Department determined Division of Insular duties ELIHU ROOT enemy established execution exercise existing follows force government of Cuba governor grant Habana inhabitants Insular Affairs insurrection judicial jurisdiction land legislative Louisiana Manila matter ment Merryweather & Sons Mexican Mexico military authorities military government military occupation misprision of treason municipal nation obligations officers opinion person Philippine Islands Porto Rico ports possession President privileges proceedings provisions punished purpose question regarding regulations rule Sancti Spíritus Secretary Secretary of War secure Senate sovereign sovereignty Spanish Government Spanish law Stat Sulu Archipelago Supreme Court Telegraph territory therein thereof thereto tion treason treaty of peace United War Department
Popular passages
Page 86 - 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 42 - The Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States, and be admitted at the proper time (to be judged of by the Congress of the United States...
Page 472 - 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 157 - But when the terms of the stipulation import a contract, when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial department; and the legislature must execute the contract before it can become a rule for the
Page 371 - 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 329 - 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 32 - Second. That it is the duty of the United States to demand, and the Government of the United States does hereby demand, that the Government of Spain at once relinquish its authority and government in the island of Cuba and withdraw its land and naval forces from Cuba and Cuban waters.
Page 94 - The inhabitants of the territories which His Catholic Majesty cedes to the United States, by this treaty, shall be incorporated in the Union of the United States as soon as may be consistent with the principles of the Federal Constitution, and admitted to the enjoyment of all the privileges, rights, and immunities of the citizens of the United States.
Page 522 - 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 68 - Not only, therefore, can there be no loss of separate and independent autonomy to the states through their union under the Constitution, but it may...