Ј Page. In the matter of the application of Ramon Valdez for a revocable license to occupy and utilize the water power of La Plata River at Comerio Falls, Porto Rico...... Memorandum respecting the exercise of the power to pardon under the military government maintained in New Mexico; also the orders of the military government of Cuba relating to the exercise of the power to pardon under that government...... In the matter of the commutation, by the courts of Cuba, of the sentences In the matter of the contract between the united railways of the Havana and In the matter of the protest of M. F. Viondi, an inhabitant of the island of Extradition of fugitives from justice who have taken refuge in Cuba under military government.. 495 501 507 511 514 519 523 In re claim of Don José Cagigas against the military government of Cuba for damages to the tug Catalina by a collision with the Government boat Narciso Deulofeu in Habana Harbor. 526 In re claim of the Eastern Extension Telegraph Company for payment by the 529 In the matter of the contract for a market house at Sancti Spíritus, Cuba, and the rights thereunder of Primitivo Gutierrez, a Spanish subject ... ... ... ... ... .... Report on the right of the municipality of Habana to exercise over property owned by said city, the rights which by law belong to the peaceful possession of property ....... Report on the question of inserting a charge of "conspiracy" in the criminal complaints against Neely and Rathbone; and the inadvisability of joining both defendants in one complaint which shall include all the charges ............ Report as to the ownership and right to dispose of vessels disabled and sunk in the coastal waters of Cuba by the naval forces of the United States during the Spanish-American war 531 534 541 545 555 In re request of the military government of Cuba that the War Department request the State Department to apply to the Government of Spain for the release from prison of Eulogio Idulla Saez.. In re note from the Spanish minister at this capital to the Secretary of State cession to canalize the Matadero River from the Cristina Bridge to 562 566 571 Page. The grant of franchises by Spanish officials in Cuba after the signing of the protocol of August 12, 1898.. 595 Construction to be given the Congressional enactment approved March 2, 1901, 604 Report on the duty collectible on the wreck of a steamer brought into Porto Rico and there sold while that island was under military government...... The right to dispose of the moneys found in the Spanish treasuries in Manila and seized by the military forces of the United States when that city was captured...... In re claim of Don J. Antonio Mompó y Plá for the return of an alleged excess of duties amounting to $5,624.15 imposed at Manila on a shipment of wine landed at that port . In the matter of the application of the Western Railway of Habana, Limited, In re claim made by the Government of Spain, that paragraph 14 of General 615 619 621 625 630 646 648 650 655 689 REPORTS ON THE LAW OF CIVIL GOVERNMENT IN TERRITORY SUBJECT TO MILITARY OCCUPATION BY THE MILITARY FORCES OF THE UNITED STATES. [Case No. 1102, Division of Insular Affairs. Submitted October 19, 1899.] THE POWERS, FUNCTIONS, AND DUTIES OF THE MILITARY GOVERNMENTS MAINTAINED BY THE UNITED STATES IN THE ISLANDS LATELY CEDED AND RELINQUISHED BY THE GOVERNMENT OF SPAIN." I. Military governments, resulting from military occupation, are intended to perform two services: (1) Promote the military operations of the occupying army; (2) preserve the safety of society. (Ex parte Milligan, Wall., 127.) The governments now being maintained by the United States in said islands were instituted during a war, by the exercise of an undoubted belligerent right in discharge of a national obligation im posed by international law, namely, an invader having overthrown the existing government must provide another one. The Brussels Project of an International Declaration concerning the Laws and Customs of War, recites: ART. 2. The authority of the legal power being suspended, and having actually passed into the hands of the occupier, he shall take every step in his power to reestablish and secure, as far as possible, public safety and social order. (See also sec. 43, Recommendations of Institute of International Law, Oxford Session, 1880.) Lieber's Instructions for the Government of Armies of the United States in the Field (G. O. 100, A. G. O., 1863) provides as follows: * * * 1. A place, district or country occupied by an enemy stands, in consequence of the occupation, under the martial law of the invading or occupying army. Martial law is the immediate and direct effect and consequence of occupation or conquest. *. * 2. Martial law does not cease during the hostile occupation, except by special proclamation, ordered by the commander in chief, or by special mention in the treaty of peace concluding the war, when the occupation of a place or territory continues beyond the conclusion of peace as one of the conditions of the same. "See General Order 101, A. G. O., series 1898. * * * 11 4. Martial law is simply military authority exercised in accordance with the laws and usages of war. * * * 6. All civil and penal law shall continue to take its usual course in the enemy's places and territories under martial law, unless interrupted or stopped by order of the occupying military power; but all the functions of the hostile government-legislative, executive, or administrative-whether of a general, provincial, or local character, cease under martial law, or continue only with the sanction, or if deemed necessary, the participation of the.occupier or invader. 14. Military necessity, as understood by modern civilized nations, consists in the necessity of those measures which are indispensable for securing the ends of the war, and which are lawful according to the modern law and usages of war. That the military authorities of the United States are not prohibited by the Constitution or institutions of our Government from maintaining governments under requisite conditions, has been judicially determined by our Supreme Court. (Cross et al. . Harrison, 16 How., 164, 193; Leitensdorfer. Webb, 20 How., 176, 177.) As to the government established in California, the court say: The government, of which Colonel Mason was the executive, has its origin in the lawful exercise of a belligerent right over a conquered territory. It had been instituted during the war by the command of the President of the United States. (16 How., 193.) As to the government instituted in New Mexico, the court say: Upon the acquisition, in the year 1846, by the arms of the United States of the Territory of New Mexico, the civil government of this Territory having been overthrown, the officer, General Kearney, holding possession for the United States in virtue of the power of conquest and occupancy, and in obedience to the duty of maintaining the security of the inhabitants in their persons and property, ordained, under the sanction and authority of the United States, a provisional government for the acquired country. (20 How., 176, 177.) Military government is the dominion exercised by a belligerent power over invaded territory and the inhabitants thereof. Such a government performs its functions and discharges its obligations by what is known as martial law. Chief Justice Chase describes military government as a form of military jurisdiction to be exercised in time of foreign war without the boundaries of the United States, or in time of rebellion and civil war within States or districts occupied by rebels treated as belligerents. (Ex parte Milligan, 4 Wall., 141.) In this case Chief Justice Chase defined martial law as an authority called into action, when public necessity required it, in a locality or district, not of an enemy's country, but of the United States, and maintaining adhesion to the National Government." (4 Wall., 142.) It will be seen that a military government takes the place of a sus pended or destroyed sovereignty, while martial law or, more properly. martial rule, takes the place of certain governmental agencies which for the time being are unable to cope with existing conditions in a locality which remains subject to the sovereignty. |