The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1863-05-23

lTD IN laAhaAA4 NAAAfANANtt aH"a AfNN d.
DEPARTMENT, AnurAvF dENERAL's Or
rIoE, VI muVoro 20 ril q 4 l8G3---The
yiowirg " iusuucuOn8 i0r Tho Govern
ment of Armies Of tho United States in
me field" prepared by Francis Leiber,
4 LII D., and revised by q Board of Officers,
of which Major General Il. A. Hitch
cock is President having been approved
bv the President of the United States,
he commends that they be published for
the Information of all concerned.
By order OF the Secretary Of War.
II. ID. TOWNSEND,
Assistant Adjutant- General
SECTION /.
Martial LnVv-EiiiGasY Jurisdiction
Military Necossity-ssc
/. A place, district, or country occu-
pied by an enemy, stands in consequence
of the occupation, under the martial law
Of the invading or occupying army,
whether any proclamation declaring
martial law, or any public warning TO
the inhabitants, has been issued or not
Martial law is the immediate and direct
effect and consequence of occupation or
conquest.
y The presence of hostile army pro-
clims its martial law
2. Martial law does not cease during
The hostile occupation, except by special
proclamation, ordered by the COM
chief, or by special mention
in the treaty Of peace concluding the
war; when the occupation of place or
territory continues beyond the conclusion
Of peace as one of the conditions of the
same.
3. Martial law in hostile country con-
sists in the suspension, by the occupying
military authority, of the criminal and
civil law, and Of the domestic adminis-
ration and Government in the occupied
place or territory, and in the substitu-
ton of military rule and force for the
same, as well as in the dictaiion of gem
Tal laws, as far as military necessity
rquires this suspension, substitution or
dictation.
4 The commander of the forces may
proclaim that the administration of all
evil and penal law shall continue, either
wholly or in part, as in times of peace,
unless otherwise ordered by the military
authority.
4. Martial law is simply military au.
hority exercised in accordance with the
Avs and usages Of war. Military OPP
preston is not martial law; ID is the
abuse Of the power which that law con-
ers. As martial law is executed by
military force, il is incumbent upon
hose who administer it, to be strictly
Guided by the principles of justice, hon
pr and humanity-virtues adjoining a
soldier even more than other men, for
he very reason that he possesses the
power of his arms against the unarmed.
3. Martial law should be less string
Cnt in places and countries fully occu-
pied and fairly conquered. Much great-
1r severity may be exercised in places or
pegons where actual hostilites exist or
pre- expected, and must be prepared for.
Is most complete sway is allowed--even
n the commanders own cOuntry--when
face to face with the enemy, because of
he absolute necessities of the case, and
of the paramount duty TO defend the
country against invasion.
To save the country is paramount 20
all other considerations.
6. All civil and penal law shall con-
ilnue to take its usual course in the ene-
phys places and territories under martial
law, unless interrupted or stopped by
order Of the occupying military power /;
/ but all the functions Of the hostile gov
emment-legislatiye, executive, or adj
/ ministrative-whether of general, pro-
| nncial, or local character cease under
martial law, or continue only with the
/ sanction, or, il deemed necessary, the
| participation of the oecupicr or invader.
t. Martial law extends to property and
TO persons, whether they are subjects of
The enemy or aliens TO that Govern
ment.
o. Consuls, among American and Eu-
fopean nations, are not diplomatic agents.
nevertheless, their Offices and persons
Wlll be subjected 10 martial law in cases
oI urgent necessity only; their property
ana business are not exempted. ANY
delinquency they commit against the es-
abllshed military rule may be punished
as in the case Of any other inhabitant.
and such punishment furnishes no rea-
sonable ground for international com
Uplaint.
o, The functions Of ambassadors
ministers, or other diplomatic agents ac-
gedited by neutral powers to the hostil,
Government, cease, so far as regards "a,
Hdlspace6 Government; but the conquer
ing or occupying power usually recogni
zee them IS temporarily accredited e
itself.
TO- Martial Law affects chiefly th'
police and collection OF public revenue
and taxes, whether imposed by the ex'
PEELED Government or by the invader, anC
refers mainly TO the support and oillcien
{ol the army its safety, and the safety
" Inspirations.
H. The law of war does not 0uly die
Vam all cruelty aud bad faith concern
ing engagements concluded with thl
u'my dging the war; but also the break
ls OF supulations solemnly contracted
" the belhgerents In time Of peace, an'
'oWedly intended TO remain In force IL
A'e OF war between The contracting
Powers
1t dlsclaims an cxtortlons and othe
,'asactions for individual gain; all act
private revenge, on couuiyaHoo 60 sucl
ouenses to the contrary shall be severe
punished, and especially SO If commit
dby officers.