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action actual adopted applicable appropriate arms army authority become belligerent called carried cause circumstances citizens civil claim commander commissions common conduct confiscation Congress conquered conqueror conquest considered Constitution course crimes decisions determine directed district duty effect enemy enemy's enforced established executive exercise existence extend fact force foreign former give given hand held hostile important inhabitants instance Instructions insurrection interests invader judges judgment judicial jurisdiction justice justified latter limits manner martial law means measures ment military commander military government nature necessary necessity object occupied officers operations opinion organized parties peace permitted persons possession practice President principle proclamation proper protection punishment question reason rebel rebellion regard regulations remarked render respect responsibility result rule secure soldiers Supreme Court taken territory tion trade treated tribunals true Union United Wallace
Стр. 339 - It is not the intention of the court to say that no individual can be guilty of this crime who has not appeared in arms against his country. 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.
Стр. 444 - All wanton violence committed against persons in the invaded country, all destruction of property not commanded by the authorized officer, all robbery, all pillage or sacking, even after taking a place by main force, all rape, wounding, maiming, or killing of such inhabitants, are prohibited under the penalty of death, or such other severe punishment as may seem adequate for the gravity of the offense.
Стр. 441 - Nevertheless, as civilization has advanced during the last centuries, so has likewise steadily advanced, especially in war on land, the distinction between the private individual belonging to a hostile country and the hostile country itself, with its men in arms. The principle has been more and more acknowledged that the unarmed citizen is to be spared in person, property, and honor as much as the exigencies of war will admit.
Стр. 46 - Whether the President in fulfilling his duties, as Commander-in-Chief, in suppressing an insurrection, has met with such armed hostile resistance, and a civil war of such alarming proportions as will compel him to accord to them the character of belligerents, is a question to be decided by him, and this Court must be governed by the decisions and acts of the political department of the Government to which this power was entrusted. "He must determine what degree of force the crisis demands.
Стр. 16 - These powers ought to exist without limitation ; because it is impossible to foresee or define the extent and variety of national exigencies, or the correspondent extent and variety of the means which may be necessary to satisfy them. The circumstances that endanger the safety of nations are infinite ; and for this reason no constitutional shackles can wisely be imposed on the power to which the care of it is committed.
Стр. 443 - ... 34. As a general rule, the property belonging to churches, to hospitals, or other establishments of an exclusively charitable character, to establishments of education, or foundations for the promotion of knowledge, whether public schools, universities, academies of learning or observatories, museums of the fine arts, or of a scientific character — such property is not to be considered public property in the sense of paragraph 31 ; but it may be taxed or used when the public service may require...
Стр. 453 - The law of war does not allow proclaiming either an individual belonging to the hostile army, or a citizen, or a subject of the hostile government, an outlaw, who may be slain without trial by any captor, any more than the modern law of peace allows such intentional outlawry ; on the contrary, it abhors such outrage.
Стр. 445 - A prisoner of war is a public enemy armed or attached to the hostile army for active aid, who has fallen into the hands of the captor, either fighting or wounded, on the field or in the hospital, by individual surrender or by capitulation.
Стр. 306 - And if the government of Rhode Island deemed the armed opposition so formidable, and so ramified throughout the State, as to require the use of its military force, and the declaration of martial law, we see no ground upon which this Court can question its authority. It was a state of war ; and the established government resorted to the rights and usages of war to maintain itself, and to overcome the unlawful opposition.