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Fiske, John, 1842-1901

"Volume 4, part 3: James Knox Polk"


These documents contain all the "orders or instructions" to any
military, naval, or other officer of the Government "in relation to the
establishment or organization of civil government in any portion of the
territory of Mexico which has or might be taken possession of by the
Army or Navy of the United States."
These orders and instructions were given to regulate the exercise of the
rights of a belligerent engaged in actual war over such portions of the
territory of our enemy as by military conquest might be "taken
possession of" and be occupied by our armed forces--rights necessarily
resulting from a state of war and clearly recognized by the laws of
nations. This was all the authority which could be delegated to our
military and naval commanders, and its exercise was indispensable to the
secure occupation and possession of territory of the enemy which might
be conquered. The regulations authorized were temporary, and dependent
on the rights acquired by conquest. They were authorized as belligerent
rights, and were to be carried into effect by military or naval
officers.


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