The Army and the LawColumbia University Press, 1918 - 197 sider |
Inni boken
Side 113
... proceed upon all and all manner of captures , seizures , prizes and reprisals , of all ships and goods that are , or shall be , taken ; and to hear and determine , according to the course of the admiralty and the law of nations . " 15 ...
... proceed upon all and all manner of captures , seizures , prizes and reprisals , of all ships and goods that are , or shall be , taken ; and to hear and determine , according to the course of the admiralty and the law of nations . " 15 ...
Andre utgaver - Vis alle
Vanlige uttrykk og setninger
action allegiance apply armed arrest Articles Articles of War authority Barreme belligerent Birkhimer capture citizen civil courts civilian Columbia University commander committed common law court Confederate confiscation Congress Constitution court held court martial crime criminal damages Davis decision declared defendant Dicey Dinsman duty effect enemy country enemy's England English enlistment executive fact force habeas corpus hostile judge judgment jurisdiction jury justice justified land laws of war legislation liable Lord martial law matter McClaughry ment merely military commission military court military law military occupation military offense militia Milligan Mitchell officer opinion owner peace persons Petition of Right plaintiff present President principle prisoner prize prize law proclamation proposition protection punishment question ratified reason regulations rule says Sect soldier standing army statute supra Supreme Court territory tion tort trial tribunals United Wall wholly Wolfe Tone's writ of habeas
Populære avsnitt
Side 31 - Any person who in time of war shall be found lurking or acting as a spy in or about any of the fortifications, posts, quarters, or encampments of any of the armies of the United States, or elsewhere, shall be tried by a general court-martial or by a military commission, and shall, on conviction thereof, suffer death.
Side 79 - The sovereignty of the United States over the territory was, of course, suspended, and the laws of the United States could no longer be rightfully enforced there, or be obligatory upon the inhabitants who remained and submitted to the conquerors.
Side 113 - Majesty's dominions, to take cognizance of, and judicially proceed upon all and all manner of captures, seizures, prizes and reprisals of all ships and goods, that are or shall be taken, and to hear and determine the same ; and.
Side 112 - Upon the exercise of these powers no restrictions are imposed. Of course the power to declare war involves the power to prosecute it by all means and in any manner in which war may be legitimately prosecuted. It therefore includes the right to seize and confiscate all property of an enemy and to dispose of it at the will of the captor. This is and always has been an undoubted belligerent right.
Side 2 - Superiors are forbidden to injure those under their authority by tyrannical or capricious conduct or by abusive language. While maintaining discipline and the thorough and prompt performance of military duty, all officers, in dealing with enlisted men, will bear in mind the absolute necessity of so treating them as to preserve their self-respect.
Side 48 - The power itself is to be exercised upon sudden emergencies, upon great occasions of state, and under circumstances which may be vital to the existence of the Union. A prompt and unhesitating obedience to orders is indispensable to the complete attainment of the object.
Side 91 - ... to which this right of passage has been granted, the sovereign who should attempt to exercise it would certainly be considered as violating his faith. By exercising it, the purpose for which the free passage was granted would be defeated, and a portion of the military force of a foreign independent nation would be diverted from those national objects and duties to which it was applicable and would be withdrawn from the control of the sovereign whose power and whose safety might greatly depend...
Side 92 - In the military service of the other for offenses committed while In such service. Aside from this want of Jurisdiction, there would be something incongruous and absurd In permitting an officer or soldier of an invading army to be tried by his enemy, whose country he had invaded.
Side 105 - The question here is, What is the law which governs an army invading an enemy's country? It is not the civil law of the invaded country; it is not the civil law of the conquering country; it is military law, — the law of war, — and its supremacy for the protection of the officers and soldiers of the army, when in service in the field in the enemy's country, is as essential to the efficiency of the army as the supremacy of the civil law at home and, in time of peace, is essential to the preservation...
Side 188 - Where peace exists the laws of peace must prevail. What we do maintain is, that when the nation is involved in war, and some portions of the country are invaded, and all are exposed to invasion, it is within the power of Congress to determine in what states or districts such great and imminent public danger exists as justifies the authorization of military tribunals for the trial of crimes and offences against the discipline or security of the army or against the public safety.