the power to replace or expel the native officials
in part or altogether, to substitute new courts of his own constitution
for those that now exist, or to create such new or supplementary
tribunals as may be necessary. In the exercise of these high powers the
commander must be guided by his judgment and his experience and a high
sense of justice.
One of the most important and most practical problems with which it
will be necessary to deal is that of the treatment of property and the
collection and administration of the revenues. It is conceded that all
public funds and securities belonging to the government of the country
in its own right and all arms and supplies and other movable property of
such government may be seized by the military occupant and converted to
his own use. The real property of the state he may hold and administer,
at the same time enjoying the revenues thereof; but he is not to destroy
it save in the case of military necessity. All public means of
transportation, such as telegraph lines, cables, railways, and boats,
belonging to the state may be appropriated to his use, but unless in
case of military necessity they are not to be destroyed. All churches
and buildings devoted to religious worship and to the arts and sciences,
all schoolhouses, are, so far as possible, to be protected, and all
destruction or intentional defacement of such places, of historical
monuments or archives, or of works of science or art is prohibited
save when required by urgent military necessity.
Private property, whether belonging to individuals or corporations,
is to be respected, and can be confiscated only for cause. Means of
transportation, such as telegraph lines and cables, railways, and boats,
may, although they belong to private individuals or corporations, be
seized by the military occupant, but unless destroyed under military
necessity are not to be retained.
While it is held to be the right of the conqueror to levy contributions
upon the enemy in their seaports, towns, or provinces which may be in
his military possession by conquest, and to apply the proceeds to defray
the expenses of the war, this right is to be exercised within such
limitations that it may not savor of confiscation. As the result of
military occupation the taxes and duties payable by the inhabitants to
the former government become payable to the military occupant, unless he
sees fit to substitute for them other rates or modes of contributi
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