New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-05-18


e. D TOWNSEND, sis at Adu'an''Gen'fai
SECTION !.
mApTIAJ. IAw-NuIrAKY JURISDICTIOS-MILl-
TARY Observation-Disclosures
A place district county occupied by an enemy
stands A. onsequenco OF the occuTs ion uooer the martial
| Of the nvadoe occupy ing my, whether any proclaim
alton martial i~", OF K9olo war 20 inc i 10
md direct effect aud consequence Of upation or con.
Quest The presence OF hostile army prooan' Its martial
Msrtsl Iex does during he hostile occupation
except By special ciainttou odered by he conmaude
inc def By sPecd mention IN tho r-ay OF p.sce CON
oludnS VA when occupation place erritor
beyond the coucssios OF OF the cond
Msrt,s law in hostile country consists in the ,uspen:
Sion by the occnpyog mhay Authority Of the criminal and
evil law aud Of the domestic administration and Government
IN the occupied place etory and in the substitution OF
military rule ami tofce for tie same as well s IN ht de,a
tOu genera laws far military necessity requires IN
suspension substitution. OF dictation he eomm.IGe, G
The may procs that the sduiD alton Of ell ev
and penal law shs tnue either wholly or in pst as ~
times OF peace, uness Otherwise ordered by the M' ~
thony.
MsrtiJ law 10 ,imrly military authority exercised 10 ac
oordsuce with thu lsws and ussgos OF var Antsiy oIPe
noo !. not nsI,ls law II y. we sV.'s ptd Sv military
force Il l. incumbent hose who sduli'et II 20 oe
sdoi solder than other
for very possesses the power OF MS nh
MARTA isw should be less stringent in places and eoun
ties fully occupied nd fairly co Erred Much greater 'e
tties exist or ere expected abd must be prepared for It's
moot cou lrts sssy is so"ei-tyen in tie eoImaider
eun oouutry-e 20 sce with the eueuy, because Of
~. S.cat pece.,te, Of The o.so and ne paramount
duty end the country asns' Invasion 10 save the
ooputIy 4, ia amour to all Other cousidefatious
g. All civil and nal law hs continue TO take its nsua
course the enemy places and tcrfIoI'. rhder msrI
mil tary power al the iUuc ious Of the hostile Govern
uen-les, sive. sim atve-whetheT OF
Genera proviLcis Or iocl martial
law only with the snctiop. or II deemed neees
s,ry The pArticipsi ~ the oo'u pier or invader
Msrial la~ eIterd't property and 70 ler'on whether
they lee OF the enemy aliens to that Government
COn,u. among American aud Euiopesn nations not
Diplomatic ag,n th-e.s their Offices snd person,
will be mattel law in OF urgent necessity
Only their property AID business are MT exempted Any de-
hnGuency they G,su.t the Established military rule
may punished IS in the case Of any other hstAnt and
such fafnhe 10 reasonable ground for ineIns
tionsl oomI taiut
msto seuts ACCREDITED oy n-usi p"e 10 the Los- Gov
eminent % far fe2afds tue ds laced OoYeDmrn
but the couqueubg or oecapug power usually recognizes
them as temporarily accredited to itstl.
TO- As sa cts cDiety Tue police ard collection OF
public and taxes whether Imposed by the expelled
Government or ~ the ihVaar 4e9 Ieiefs mainly 70 thv up
port and efficiency u the army h safety ssd tue safety OF lite
H. Tfs law wal does not on di,csn al cruelty and
bad f concerning gsgeents Concluded with tie enemy
during but also the Of ,tpuaiors sole nnly
Intended siB 60 Of between the
tracing pow7s II die ais xiortioDs and other tfanssc
tious fof individual AL acts 4 private reyeDg, cohu-
vance such Oteuses tue contrary shall be
ly punished and ptciay 20 II COMMITTED by otcers
10 neneveT iessOls martial lew Is csHi-d on, in
ofouoes by Military touits, but sentence, OF
EIecl i've prov d-d ugncy Of the require
.eeIier e1ecuu aud Ties onJ with the approval OF the
~ SinsS 10 isdcioui /. Of two l.nds fret that which
"a Coz 70 ed sLd defined oy statute s-co,G that which lie
derived iiom the common law Of Mi. y oaeuses
under tho law tined IL the lie elm
aiI.c ed military which % within h-
ute be tined AM puIsld u3otI the common law OIL
war The scter OF the courts exeTcse tuee Jlrs
eoCsty In the s4m,s Of tie United states ,e t is
ei,sd by Cours Msri-; whe cases which 20 not com-
within the Rules aud ar ces Of NA or the Junsdciion
conferred by statute ColGss Martial are t;isu nty
commissions
IA MlIary necessity. understood by modern civilized
nations consists il the necessity Of tho'e which
Indispensable for securing tue Of The aud Lich
lswiui according 10 the Odrn aud usisos 81
Is Msfy Necessity admits OF all Vi ec ID, Ioction Of lie
or lmO armed enemies aud Il OtLef
SIuctiou 10 IcdoesIy tnGF'od 10 the s-ed contests Of
the war IL sliows Of the ug Of every aimed enemy
and every ,uemy OF iupOance 20 The hos lie GoyensY
eroi peculiar danger to the capoi II ao"' OF ell ae.iaeuoh
OF property aud obstruction OF toe wsys aud channels u r
nance OF from tEe enemy Of tire appropriate
whatever eLey' cygaEy snJd' ncssss To- the sub
the break faith either postNey pledged,
regarding agreements catered INTO dAfDs tue val
the law u exist. 5ieu WHO t-ke
sst another Az puUs war do not cease TINS
be moral o- responsible to ohs snOhef sad 10
To- Military necessity does admit Of cruelty; that IL.
verge nor manning ~oGBdn. except IN s1i nor q
toruIe sIort coufe.ons IL doe. Of
poison any OF tie wsDton di,ro
IL admits Of deevl ton Ou d.c!sISs acts p-rhdy;
general military uectssiy does lot inc ude Huy
winch macs the reurl to pece OnuecesssIIiJ diheult
H. Wa s rot c2nied Oh DJ ans alone II Is lawful e
save the hostile tese eI aimed OF upsrHsd 80 that
leads ~ the spesdeI suuJrctOn a the enen
Is. When the commander OF oesieged Place e1pels Thu
eoubstsns order 10 Lessen VI
consume his stock " prCgsions i Il lawful though
sns uea,ue dnve them lack, 80 as to ha'ten III
surrender. I'll,
of their intention bernhard place that the
buA1t especially the women aud CHILDREN, be
moved before tue bonbardaeut comusuc,s But II IA
inirsotOs law Of war to Quit 'hus to in
form the enemy suTpIise nay be Ieces,ity
90 Public il state OF armed bostilisy between
sn GovefDne cuts law aid requisite
OWNED existence thst live IN political continuous socis
ties forming organized ubs called states nations who's
eOniUsnts bear e and suffer, advance AID IvtTogrsd
togeths. IN Ie4ce a.d ia wal.
a. The CT ma or LsIve Of hottie country is thus en-
sny IS o. Of the tic hostile State patton
and "a ucn subjected 10 she haIdships OF tie war.
~ NeVsItLesss ciViZstOn has rdyanccd dunns th
L, c.ntus 20 las Aewise stesdy advanced, esp ciay
the oi.tilcton between tue private udYidua
Belonging % hostile country ana the hosie country itse
win s II The pilclpie has been and NOR
thst the rd ckvn il 70 be spared per
soB property AMI hVH0r a. much 40 the sIgences Of
23 Pivste citizens longer murdered enslsved o
earfed of distant rar and the inott nave individual il
tts disturbed private TelsiioLs the commander
the hostile troops sn0fd to giant Ia Tue everything de
nsncs Of vigorous var,
"a The universal rule In remote times aud
times to DO with bafosTo1s mes That the private indiyd
pa oil hostile country destined TO suffer priytoI
Of ibertJ and protection and every disruption Oi family ties
Projection snd s is with uneivi]sd people, tic eI
oepioh f A., v
soendaDss 10 other portions OF the globe protection OF he in
offensive ctzsb Of tho hostile country Is the rule IrYson
and disturbance Of priVaie relations aS tue exceptions
rs CousDdiug Generals Cause the msgistIates ana
civil officers hottie country tsse the oath Of tempo.
Jary allegiance oath Of hleiy 10 their victorious
OoverneD or es and they may e1e every Que who do
enes 70 But whether they do not the people
and their officers strict obedience 70 them a. long
they hold rsJ over the dstct or county, at the peril Of
their lives
n The law Of war can no more wholly dispense with re
tssiOn than the law Of nations Of which branch
Yet civilized nsOhs scknOuedgs retaliation the stenes
festus Of war reckless enemy leaves bis opponent
no other means Of securing himself agsiD,t the repetition Of
barDsrous outrage.
20. Retaliation will therefore never DO r.sOrtsd to a,
measure on mere Ieysoge bit only as means Of pToteeys