The Constitution of the United States of America: Analysis and Interpretation / Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952

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[100] Hamilton v. Dillin, 21 Wall. 73 (1875); Haver v. Yaker, 9 Wall. 32 (1869).

[101] Mitchell v. Harmony, 13 How. 115 (1852); United States v. Russell, 13 Wall. 623 (1871); Totten v. United States, [note 3] above; 40 Op. Atty. Gen. 251-253 (1942).

[102] Cf. the Protocol of August 12, 1898, which largely foreshadowed the Peace of Paris; and President Wilson's Fourteen Points, which were incorporated in the Armistice of November 11, 1918.

[103] Fleming v. Page, 9 How. 603, 615 (1850).

[104] Santiago v. Nogueras, 214 U.S. 260 (1909). As to temporarily occupied territory, see Dooley v. United States, 182 U.S. 222, 230-231 (1901).

[105] Swaim v. United States, 165 U.S. 553 (1897); and cases there reviewed. See also Givens v. Zerbst, 255 U.S. 11 (1921).

[106] 15 Op. Atty. Gen. 297 and note; 30 ibid. 303; cf. 1 ibid. 233, 234, where the contrary view is stated by Attorney General Wirt.

[107] Ex parte Quirin, 317 U.S. 1, 28-29 (1942).

[108] General Orders, No. 100, Official Records, War of Rebellion, ser. III, vol. III; April 24, 1863.

[109] See e.g., Mimmack v. United States, 97 U.S. 426, 437 (1878); United States v. Corson, 114 U.S. 619 (1885).