Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-04-28
in THE TIME OF WAR.
A DIGEST OF TIE STERN LAWS or
HoalLlTlES.

for Bombnrdmentof Cities-Use OF Pois
sons and Explosive Bullets Prohibited.
For the most partAmericans are lit-
tie familiar with thdaws of war. They
know in general way that there is
something called marital law which is
put in force when warts in progress in
any territory, and they also know that
war makes many thing right that are
decidedly wrong in TINS of peace, but
few know just how fa these powers
extend.
On this subject the provisions Of a
little book called Institutions For tho
Government of the Armiesof the United
States In the Field, by Fnncis Lieber,
issued in 1868 by authority of Presi-
dent Lincoln, become of interest. 40.
cording to this book, it il lawful 10
starve hostile belligerent whether
armed or unarmed; to destroy the lives
and limbs Of all enemies wh9e destruc-
tion is unavoidable in prosecuting the
war; to capture and destroy the en-
emy's property and his routes or cham
nels of commerce, and to MAXI use Of
all receptions that do not involve thu
breaking of faith.
II our armies should invade Cuba,
our generals would probably proclaim
martial law. This does not mean that
all civil laws would necessarily cease.
Probably the ordinary process of law
would 90 on much as before, except at
tho seat of actual hostilities. 1t would
be in the discretion Of the military com.
manders to say just how far they would
go. They might also permit the Spanish
magistrates to retain their offices on
taking oath of temporary allegiance to
the United States Spanish subjects
would not necessarily or even probably
be expelled from the United States, al.
though they would be forbidden to com.
munioate with their friends at home.
1t is entirely permissible under the
laws OF war, says this treatise, for an
enemy to lombard an unfortified city
without giving the least warning of his
purpose, although he may, if ho so dc.
sires, give time for colnbatants to
be removed. This is ordinarily done,
though il time were in question ID
might easily be disregarded. Flags,
usually yellow, are put up in such
cases to mark the locations of hospitals,
and the enemy is required to avoid fir.
ing ON them. Considering the manner
in which the Spanish have murdered
the rebel wounded in all hospitals that
they have captured, it seems improbable
that they will observe this rule. To
compel them to do so We should have to
resort to retaliation, and it is improba-
BILE this country would permit such q
course. OF course, it is an act Of infa-
nous bad faith for the attacked town to
put up false hospital flags, though there
have been occasions when the enemy
has requested town about to be bonn
barded to designate museums, Libraries
and art collections by flags, SO as to
avoid their destruction.
The use Of poison in any manner or
OF explosive bullets is absolutely prohib-
tied, and be who uses them puts himself
outside the pale of civilization. The
new dumdum, or mushrooming bullet,
seems not to be prohibited, though it is
open to the same objection as the explo.
slve ball. Retaliation is allowable in
case OF dire necessity, though its prac-
tioe is strongly deprecated by all civiliz.
ed powers
The Red Cross is supposed to be abso.
lutely inviolable All property belong
ing to the government of the enemy
may be seized and converted to use.
Church and school property is generally
held to be exempt from permanent con.
hscation, though it may be temporarily
used. Museums and art works may he
carried Off and held pending the deter
mlnatlun OF their ownership by treaty
of peace.
Private property, including money or
otner Vaiuables, found on the persons Of
prisoners, says Mr.. Lieber, is not to be
confiscated except in case of extreme
necessity. AS matter of fact, there
Will always BIO some robbery sometimes,
put there is less robbery than in times
OF peace. Correspondents, suffers, etc,
may be held as prisoners Of war. Chan.
ialns, doctors, nurses etc., arc not OK.
cept IN extreme cases. Prisoners may be
shot II they attempt to escape, but can.
not be legally punished after recapturo.
1t is against the usages of modern war
to refuse to give quarter except when in
'o ""h5of lnrOuBn DelnR 1nCum-
bered by prisoners or in the case of
troops who masquerade in the enemy's
uniform or who fight without authoriza-
ton by their government. Flags of truce
are inviolable, but firing is not required
to cease on their appearance and should
the bearer be killed by accident it fur.
nishes no ground for complaint.
According to the United States laws.
tho persons of the residents Of the conn.
tries they may invade are inyiolate, and
any violation Of this especially in the
case of women, is punishable with the
most extreme rigidity. In our civil war
there was no occasion to exercise this
last regulation, as no case of its viola.
tion was ever reported. lis permissible
ior the army to levy temporary loans or
impose taxes or billet soldiers in an in.
vaded country. In 1874 all the countries
OF Europe held conference at BrusseIs
and agreed to certain laws of war. The
United States was not present and ID
not bound by these rules, but they are
practically identical with those laid
down in 1s63.-Chicago Times. Herald