The times., 1898-07-18
THE ARMIsTICE IN WAR.
Rules Governing Its Adoption by
Opposing Forces.

New York. July l7,-rThere have been so
many days of rest by mutual consent be-
fore Santiago so many armistices have
been agreed upon BY the contending
leaders. that the subject of armistices
has become one Of general interest, and
many people who know what the term
implies. have madetinquiry as to the de-
tails governing that important point. Ac-
cording TO the instructions for the Gov
ernment of the AYmies of the United
States in the Field" which are in keeping
with similar instructions for other ar
mics, an armistice, or cessation of ac-
tive hostilities. for a period agreed upon
between belIigerents must be agreed TO
in writing and ratified by the highest
authorities of the contending parties.
An armistice Is not a partial or tenn
porary peace: it is only the suspension of
military operations to the extent agreed
upon by the parties. When an armistice
is concluded between fortified place
like Santiago and the army besieging 1t.
II is agreed by all the authorities on the
subject that the besieger must cease all
extension. perfection or advance OF MS
attacking works. as well as attacks py
main force.
The instructions say further: AS there
is difference OF opinion among martial
jurists whether the 'oeSieged have the
right to repair trenches or erect new
work of defense within the place during
the arrnistfce. this point should be deter
mined by express agreement between the
parties"
In view Of this point 1t is probable that
Cen Shafter received the promise of
Gen Toral to cease work on his fortih-
cations while the yariogs armiStices were
in force.
If an armistice is declared without con-
dStions it extends no further than to re-
auire total cessation of hostilities along
uhe front OF both belligerents. An armis-
tice may be concluded for a definite time
OF for an indefinite time, during which
either belligerent may resume hostilitieS
on giving the notice agreed upon TO the
other.
The regulations declare that the motives
which induce one or the other belligerent
to conclude an armistice, whether it he
expected TO be a preliminary to treaty
of peace or to prepare during the :.rr1is-
tice for a more vigorous prosecution CT
the war, in no way affect the character OF
the armistice which is binding upon the
belligerents from the day of the agreed
commencement: but the officers of the
armies are responsible from the day only
when they receive official information of
its existence.
Commanding officers have the right to
conclude armistices which are binding en-
the district over which their command
extends. but these agreements must be
ratified by superior officers, and the arm
istice ceases as soon as II is made known
to the enemy that ratification has beon
refused. If Gen, Shafter should agree
rhn
forces to cease all operations for a week,
and Gen. Miles or the Secretary of War
should refuse TO ipdorse the action. hos
tilities would be resumed as soon as the
refusal had Deea communicated to the
Spanish general ingcommand.
1t is usually stipulated in the articles of
agreement what intercourse of persons or
traffic shall be allowed between the in
habitants of the territories occupied by
the hostile armies If nothing is stipu-
lated, intercourse remains suspended, as
during actual hostilities. During the
Civil War this rule was sometimes modi-
fed. and troops exchanged tobacco for
bread, and camp followers did thriving
business.
When an armistiee is broken by one of
the parties the other is released from all
obligation to observe it. Prisoners taken
in the act of breaking an armistice must
be treated as prisoners of war, the Off
GERS alone being held responsible who
gave the order for violating the armis-
tice.
These rules say on the subject of capit- |
ulation: SO soon as a capitulation is |
signed, the capitulator has no right to |
demolish, destroy or injure the works, |
arms stores or ammunition in his pos |
session during the time which elapses |
between the signing and the execution of |
the capitulation, unless otherwise stipu- |
lated