MILITARY OCCUPATION. This at most gives the invader certain partial and limited rights of sovereignty. Until conquest, the sovereign rights of the original owner remain intact. Conquest gives the conqueror full rights of sovereignty and, retroactively, legal izes all acts done by him during military oc cupation. Its only essential is actual and ex clusive possession, which must be effective.
A conqueror may exercise governmental authority, but only when in actual possession of the enemy's country ; and this will be exercised upon principles of international law ; MacLeod v. U. S., 229 U. S. 416, 33 Sup. Ct. 955, 57 L. Ed. 1260. • The occupant administers the government and may, strictly speaking, change the mu nicipal law, but it is considered the duty of the occupant to make as few changes in the ordinary administration of the laws as possible, though he may proclaim martial law if necessary. He may occupy public land and buildings ; he cannot alienate them so as to pass a good title, but a subsequent conquest would probably complete the title. Ships of war, warlike stores and materials, treasure and like movable property belong ing to the state vest in the occupant.
State archives and historical records, char itable, etc., institutions, public buildings, museums, monuments, works of art, etc., and public buildings of lesser political' subdivi sions are safe from seizure ; so usually are public vessels engaged in scientific discovery.
Private lands and houses are usually ex empt. Private movable property is exempt, though subject to contributions and requisi tions. The former are payments of money, to be levied only by the commander-in-chief. The latter consist in the supply of food or transport, or articles for the immediate use of the troops, and may be exacted by the commander of any detached body of troops, with or without payment. This appears to be a modified species of pillage. Military necessity may require the destruction of pri vate property, and hostile acts of communi ties or individuals may be punished in the same way. Property may be liable to seizure as booty on the field of battle, or when a town refuses to capitulate and is carried by assault. When military occupation ceases, the state of things which existed previously is restored under the fiction of postUminium (q. v.). .
Territory acquired by war must, necessa rily, be governed, in the first instance, by military power under the direction of the president, as commander-in-chief. Civil gov
ernment can only be put in operation by the action of the appropriate political depart ment of the government, at such time and in such degree as it may determine. It must take effect either by the action of the treaty making power, or by that of congress. So long as congress has not incorporated the territory into the United States, neither mili tary occupation nor cession by treaty makes it domestic territory, in the sense of the rev enue laws. Congress may establish a tem porary government, which is not subject to all the restrictions of the constitution. Downes v. Bidwell, 182 U. S. 244, 21 Sup. Ct. 770, 45 L. Ed. 1088, per Gray, J., concurring in the opinion of the court.
Where a civilian resident native of Porto Rico was, by a military tribunal of the Unit ed States in control of the island, convicted of a crime committed in that island in March, 1899, it was held that so long as a state of war existed between Spain and the United States (which was until after the commission of the crime) that tribunal had jurisdiction to try the offence; Ex parte Ortiz, 100 Fed. 955.
The government at Manila prior to the treaty with Spain was a military government and subject only to higher military author ity ; Ho Tung & Co. v. U. S., 42 Ct. Cl. 213.
The Convention Concerning the Laws and Customs of War on Land, adopted at The Hague in 1899, lays down (Arts. 42-56) def inite rules concerning military authority over the territory of a hostile state. In addition to codifying the accepted law, it provides that the occupant must respect, unless ab solutely prevented, the laws in force in the country; he must not compel the popula tion of the occupied territory to take part in military operations against its own country, nor take the oath to the hostile power. Pri vate property cannot be confiscated. State taxes, if collected, must the expended for the administration of the occupied territory. Re ceipts must be given for any contribution which may be levied for military necessities or the administration of the territory, as well as for requisitions, which must be in proportion to the resources of the country. See Risley, Law of War, 134; Spaight, War Rights on Land, 320-418 ; II Opp. §§ 166 172.
See MILITARY JURISDICTION.