Military Government and Martial Law

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F. Hudson publishing Company, 1904 - 652 strani
 

Vsebina

Effect rule of war making belligerents enemies 61 Only laws
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CHAPTER V
80
Policy establishing civil governments 77 Same subject 78 Case
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CHAPTER VIII
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of the other 93 Not all necessarily treated alike 94 Proclamation
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practices in France 101 Characteristics banditti 102 Guerilla
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CHAPTER IX
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Laws affecting persons and property of conquered 117 As to these
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with civil jurisdiction 132 War courts at New Orleans 133 Principles
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Provisions Articles of War 145 Articles of War applicable regardless
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CHAPTER X
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gressional power on subject 180 No acts confiscation passed by Con
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Commanders untrammeled under laws of war except by express legislation
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for subsisting army taken as of right 195 Measures without political
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laws and customs of
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IV
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members 205 Hague Conference on this practice 206 Hostages
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fiscation Crimean War 223 State never confiscates debts due to enemy
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necessarily same 226 Same subject 227 Rights of military occupation
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CHAPTER XI
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MARTIAL
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Trade with territory militarily occupied illegal except under
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authority dominant power 273 Same subject 274 Same rule applies
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Abstract right to rebel conceded question one of expediency
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CHAPTER XIV
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reclaimed from rebels treated as belligerents policy a local one 308
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ple except under laws of war 314 Legality acts those enforcing military
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Law responsibility official vested with discretion in determining facts
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MILITARY GOVERNMENTTRIBUNALS
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CHAPTER XVI
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written 359 War power or extensive police power depending on cir
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Scope of martial law 369 Implied powers of Executive 370 Expe
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Those who enforce martial law answerable before the courts 375 Must
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adequate preservation public peace and security 442 Reliance on such
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The necessity that justifies martial law is overwhelming the
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varies with circumstances 463 Necessity may exist for instituting
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Principles upon which those who execute martial law to be the judges
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after news peace received 477 Proximity of enemy caused it to be insti
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MARTIAL LAW IN STATES AND TERRITORIES
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large part people Louisiana justified martial law 483 Common law
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circumstances
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tary control in Arizona 515 Martial law State of Missouri 516 Con
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CHAPTER XXVI
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belligerent measure during continuance of war 520 Divisions that
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arrest trial punishment carried to extreme 529 Measures of President
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CHAPTER XXVII
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lish 541 Congress wellnigh omnipotent under theory United States Gov
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Reconstruction Acts created a military despotism 550 The military
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of Federal power 555 Guarantee of Art 4 Sec 4 Constitution 556
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apply if necessary for Federal protection 559 President decides what
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necessity 571 Martial law in Territories of Union 572 Same subject
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Efficient system administering martial law a necessity 585
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fences under martial law 587 Martial law justifies necessary force
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Martiallaw tribunals correspond to offences of this unusual
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Commanding general authority to appoint 611 Martiallaw courts
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Droit International Oxford September 1880
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Military authority over civil community instinctively disagreeable to mil
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in Time of
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Necessity of martial law also conduct officials enforcing
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Great importance of decisions Supreme Federal Tribunal sustaining offi
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erally receive support 648 Officers must be governed by customs
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tucky as a belligerent measure 493 Same subject 494 Same sub
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Cheerful obedience to lawful orders of military superiors the vital
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cuted the unlawful orders of superiors 659 Apparent severity of this
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subordinates 661 Same subject 662 As a result the superior
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