Summary

Portrait of Melville Fuller Melville Fuller Underhill v. Hernandez — Opinion of the Court

If the party seeking to dislodge the existing government succeeds, and the independence of the government it has set up is recognized, then the acts of such government, from the commencement of its existence, are regarded as those of an independent nation. If the political revolt fails of success, still, if actual war has been waged, acts of legitimate warfare cannot be made the basis of individual liability.
Source: Wikisource

Portrait of Melville Fuller Melville Fuller Underhill v. Hernandez — Opinion of the Court

The immunity of individuals from suits brought in foreign tribunals for acts done within their own states, in the exercise of governmental authority, whether as civil officers or as military commanders, must necessarily extend to the agents of governments ruling by paramount force as matter of fact. Where a civil war prevails (that is, where the people of a country are divided into two hostile parties, who take up arms and oppose one another by military force) , generally speaking, foreign nations do not assume to judge of the merits of the quarrel.
Source: Wikisource

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