The Chanute times. [volume] (Chanute, Kan.) 1897-1913, 1898-06-03
THE LAWS OF WAR.
Code That Did Service In the Civil War
Revived-It Covers q Wide Range

Code That Did Service In the Civil war
Revived-It Covers q Wide Range
WASHINGTON, May 31.-General or
ders, No. 100, of April 4, 1868, compris.
ing instructions for the government OF
armies of the United States in the
field, have been reissued and are being
sent to the various commanders for
their guidance during the present con-
fiict with Spain. These instructions
were prepared by Francis Lieber, Ill.
d., the father of the present judge adj
vocate general of the army, and were
published at the direction of President
Lincoln after being formally revised
by board of officers of which Major
General E. A. Hitchcock was president.
They were adopted by both France and
Prussia in the war between those
countries five years after the civil con-
test here, and were the basis upon
which general European conference
afterwards acted in drawing up an
agreement on this subject.
The instructions make twenty-four
pages of print and cover almost every
conceivable feature of military conduct
and usage in time of war and defpi-
ton of many of the terms used. They
embrace ten sections, as follows:
Section l. Martial law, military
jurisdiction, military necessity, retail
iation.
Section 2. Public and private prop
erty of the enemy, protection OF per-
sons and especially women, of religion,
the arts and sciences, punishment OF
crimes against the inhabitants of hos
tile countries.
Section 3. Deserters, prisoners OF
war, hostages, booty on the battlefield.
Section 4. Partisans, armed enemies
not belonging to the hostile army,
scouts, armed providers, war rebels.
Section s. Safe conduct. spies, war
traitors, captured messengers, abuse OF
the flag of truce.
Section 6. Exchange of prisoners,
flags of truce, flags of protection.
Section 7. The parole.
Section 8. Armistice, capitulation.
Section 9. Assassination.
Section 10. Instruction, civil war,
rebellion.
Martial law is explained as simply
military authority, exercised in accord
ance with the laws and usages OF war.
A place, district or country occupied
by an enemy stands, in consequence of
the occupation, under the martial law
of the invading or occupying army. 1t
extends to property and to persons,
whether they are subjects of the en-
envy or aliens to that government.
Whenever feasible, martial law is car
ried out in cases of individual offend
ers by military court; but sentences
of death shall be executed only with
the approval of the chief executive,
provided the urgency of the case does
not require speedier execution,
and then only with the APP
prevail of the chief commander. Mar
tial law should be less stringent in
places in countries fully occupied and
fairly conquered. Military necessity
admits of all direct destruction of life
or limb of EARNED" enemies, and of
other persons whose destruction is in
cidentally unavoidable" in the armed
contests of the war. Military neces-
sity does not admit of cruelty-that is.
the infiction of suffering for the sake
of suffering or for revenge-nor of
manning or wounding, except in fight,
nor of torture to eXtort confessions. 1t
admits of deception, but disclaims acts
of peridy.
When a commander of besieged
place expels the non-com batants in
order to lessen the number of those
who consume his stock of provisions,
it is lawful, though an extreme meas
ure, to drive them back, so as to hasten
the surrender. Commanders, when
ever admissible, inform the enemy Of
their intention to lombard place, but
it is no infraction of the common law
of war to omit thus to inform them.
Surprise may be a necessity. Retalia-
ton will never be resorted to as a
measure of mere revenge, but only as
q means of protective retribution, and,
moreover, cautiously and unavoidably;
that is to say, retaliation shall only be
resorted to after careful inquiry into
the real occurrence, and the character
of the misdeeds that may demand re-
tribution.
The more vigorously war is pursued
the better it is for humanity. Sharp
wars are brief.
A victorious army appropriates all
public money, seizes all public nova
BILE property until further directed by
it's government, and sequesters for its
own benefit or that of it's government
all the revenues of real property be-
longing to the hostile government or
nation. The title to such real prop
erty remains in allegiance during mill
tary occupation, and until the con.
quest is made complete. The United
States acknowledge and protect in hes
tile countries occupied by them, re-
ligion and morality; strictly private
property; the persons of the inhabi-
tants. especiallv those of women and