---   p. 02   ---

Temporary allegiance

The theory of temporary allegiance has been adopted as most aptly descriptive of the relations borne by those in the occupied district toward the military government established over them. It has the sanction of repeated decisions of the Supreme Court of the United States with reference both to our own people temporarily subjected to foreign rule, and enemy subjects when brought under our military control. And although this theory is rejected by some respectable writers, the weight of authority and all practice favor it. Certainly in the light of the judicial decisions referred to it is entitled to great respect.

Not only does this theory give a juster conception of the relations existing between the ruler and people ruled under these circumstances than any other, but it is based upon considerations which are peculiarly advantageous to the latter. It signifies to them protection to person and property in so far as this course is compatible with a proper prosecution of the war by the dominant power. To appreciate its beneficence we have only to recall what a great relaxation this is from the strict rules of war.

Formerly adverse military occupation vested in the conqueror a right to all property found there and transferred to him the sovereignty of the subjugated territory. He appropriated the former without stint, nor did he hesitate to press the inhabitants into the ranks of his army. That was the rule from earliest times down through the Napoleonic period.