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  Two branches of military jurisdiction: Military Government and Martial Law
  Temporary Allegiance
  Military Government is that which is established by a commander over occupied enemy territory.
  Complete war powers
  Law of nations recognized by Constitution
  Military Governments
  No proclamation is necessary
  Military government continues till legally supplanted
  State of Tamaulipas, Mexico
  Occupied territory is regarded as foreign
  Position of the United States military authorities in Cuba circa 1899
  Conqueror prescribes the laws
  Rule of military occupation in Cuba
  Character military government in Cuba
  The law which governs an army invading an enemy's country is the law of war
  Territory Held by Conquest
  Articles of War applicable regardless theatre operations
  Immovable property, private parties, not confiscable
  Military commander should preserve records showing title to property, and of historical value
  Ousted government cannot claim revenues derivable from property within military occupation
  Articles of War applicable regardless theatre operations
  Martial law is that rule which is established when civil authority in the community is made subordinate to military . . .

Military Government and Martial Law

by William E. Birkhimer
Kansas City, Missouri, Franklin Hudson Publishing Co.
third edition, revised (1914)