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Military Government of Hostile Territory in Time of War (Classic Reprint)
Недоступно для просмотра - 2017
Military Government of Hostile Territory in Time of War
Dr William Whiting
Недоступно для просмотра - 2016
according administer allegiance Appendix apply appointed arms army authority become belligerent belongs bound called carry character citizens civil claim collect commander Commander-in-Chief commissions confederate conferred Congress conquered conqueror conquest Constitution continue courts martial crimes decided decisions deemed delegated Department determine districts duties enforce engaged established Executive exercise existing extended force foreign gives governor held hold hostile inhabitants institutions insurrection issued Judge judicial judicial courts July jurisdiction land laws Legislative liable limits loyal March means ment military commissions military courts military government military power municipal necessary occupation officers operation opinion orders organized peace permitted persons political port possession prescribed President proceedings proclamation proper provisional public enemies punishment question rebellion rebels recognized regulations relating respect rules Secretary secure slaves statutes subjugated Supreme Court territory therein thereof tion treaty trial tribunals Union United
Стр. 85 - 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.
Стр. 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.
Стр. 85 - ... 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.
Стр. 88 - ... 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.
Стр. 48 - 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...
Стр. 87 - 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...
Стр. 80 - 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.
Стр. 82 - 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.