Birkhimer's Book


  Concept
Page #
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

Kansas City, Missouri, Franklin Hudson Publishing Co.
third edition, revised (1914)





[English version]   https://www.twdefense.info/trust3/birkhimer-ndx.htm