Opinion On the Constitutional Power of the Military to Try And Execute the Assas
Opinion On the Constitutional Power of the Military to Try And Execute the Assas
United States. Dept. of Justice
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By the laws of nations, and. Of war as a part thereof, the conqueror was deprived of this right. When two governments, foreign to each other, are at war, or when a civil war becomes territorial, all of the people of the respective belligerents become 6 by the law of nations the enemies of each other. As enemies they cannot hold intercourse, but neither can kill or injure the other except under a commis- sion from their respective governments. So humanizing have been and are the laws of war, tha...t it is a high offence against them to kill an enemy without such commission. The laws of Avar demand that a man shall not take human life except under a license from his government ; and under the Constitution of the United States no license can be given by any depart- ment of the government to take human life in war, except according to the law and usages of war. Soldiers regularly in the service have the license of the government to deprive men, the active enemies of their government, of their liberty and lives ; their commission so to act is as perfect and legal as that of a judge to adjudicate, but the soldier must act in obedience to the laws of war, as the judge must in obedience to the civil law.
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