Concept |
Page #
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Two branches of military jurisdiction: Military Government and Martial Law | |
Temporary Allegiance | |
Military Government is that which is established by a commander over occupied enemy territory. | |
Complete war powers | |
Law of nations recognized by Constitution | |
Military Governments | |
No proclamation is necessary | |
Military government continues till legally supplanted | |
State of Tamaulipas, Mexico | |
Occupied territory is regarded as foreign | |
Position of the United States military authorities in Cuba circa 1899 | |
Conqueror prescribes the laws | |
Rule of military occupation in Cuba | |
Character military government in Cuba | |
The law which governs an army invading an enemy's country is the law of war | |
Territory Held by Conquest | |
Articles of War applicable regardless theatre operations | |
Immovable property, private parties, not confiscable | |
Military commander should preserve records showing title to property, and of historical value | |
Ousted government cannot claim revenues derivable from property within military occupation | |
Articles of War applicable regardless theatre operations | |
Martial law is that rule which is established when civil authority in the community is made subordinate to military . . . |
REFERENCE
Military Government and Martial Law by William E. Birkhimer third edition, revised (1914) |