The Law of the American Constitution Its Origin And Development

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* (i 850) 9 Howard 603. On the other hand it will not be held that the laws of the United States are operative in American territory during a period of actual occupation by the forces of an enemy. United States v. Rice (1819) 4 Wheaton 246.
(1901) 182 U. S. I. 19 2QO THE AMERICAN CONSTITUTION 102 under the operation of such existing general congressional legislation as that embodied in revenue laws. The majority held that annexation has such effect, while the minority declared that some further
... act of the government is neces- sary to put such legislation into operation in the territory.
The majority was confronted at the outset with the case of Fleming v. Page, just referred to, in which the court held that part of Mexico, though occupied by our forces, was still a foreign country under the revenue law. In that case, after declaring that territory is not annexed merely by con- quest and military occupation, the court went on to say that federal revenue laws do not apply to territories until they are extended to them by act of Congress.


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