The Elements of International Law With An Account of Its Origin Sources And Hi

Cover The Elements of International Law With An Account of Its Origin Sources And Hi
The Elements of International Law With An Account of Its Origin Sources And Hi
George B George Breckenridge Davis
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109-113; Creasy, pp.
ard, 190. The Constitution did not 505-507; Instructions to Armies prohibit the creation by military of the United States, etc. , pars, i- authority of courts for the trial o'f 13. Martial law is the law of mili- civil causes during the civil war in tary necessity in the actual presence conquered portionsof the insurgent of war. It is administered by the states. The establishment of such general of the army, and is in fact courts was the exercise of the or- his will. Of nec
...essity it is arbi- dinary rights of conquest. — Me- trary, but it must be obeyed. — chanicsandTraders'Bankw. Union United States -vs. Diekelman, 92 Bank, 22 Wallace, 276. U. S. 526. A merchant vessel of ' Creasy, pp. 505-507; Finlason, one country visiting, for the pur- p. 107 ; Pomeroy, Const. Law, pp. Pose of trade, a port of another 334 THE ELEMENTS OF INTERNATIONAL LAW If his occupation be temporary, amounting to a mere pas- sage through a portion of the enemy's territory, he may de- cHne to interfere in local affairs, further than to make such transient dispositions as will protect non-combatants and their property along his line of march.

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