The record-union., 1898-04-30

prise may be a necessity In modern
wars protection of the inoffensive citi-
zen of the hostile country is the rule;
privation and disturbance of private re-
lations are the exception.
WAR AS TO RETALIATION.
On the subject of retaliation instruc-
lions are set forth as follows: Peace is
the normal condition of nations; war is
the exception. The ultimate object Of
all modern war is a renewed state OF
peace. The more vigorous wars are
pursued the better it is for humanity.
Sharp wars are brief.
Ever since the formation and cock
istence of modern nations, and ever
since wars have become great national
wars, war has come to be acknowl-
edged, not to be it's own end, but the
means to obtain great ends of state, or
to consist in defense against wrong,
and no conventional restriction of the
modes adopted to injure the enemy is
any longer admitted; but the law Of
war imposes many limitations and re-
strictions on principles of justice, faith
and honor
The law of war can no more wholly
/ dispense with retaliation than can the
law of nations, of which it is branch.
Yet civilized nations acknowledge re-
taliation as the sternest feature OF war
A reckless enemy often leaves to ms
opponent no other means OF securing
himself against the repetition or par
barouS outrage. Retaliation VIII tnere-
fore never be resorted to as measure
of mere revenge, but only as means
of protective retribution, and, more
over, cautiously and unaVoldaply.
That is to say, retaliation snail only
he resOrted to after careful inquiry into
the real occurrence and the character
of the misdeeds that may command
retribution.
Unjust or inconsiderate retaliation re-
moves the belligerents further ana
further from the mitigating rules Oh d
regular war and by rapid steps leads
them nearer to the internecine wars OF
SaVages.
PROTECTION TO PROPERTY AND
PERSON.
In this connection, under the rules or
law. a victorious army appropriates all
public money, seizes all public movable
propertv until further direction by its
Government. and sequesters for its own
benefit or that of it's Government all the
1
the hostile nation or Government. AS a
general rule, however the property be-
longing to churches or hospitals, educa-
tional or charitable institutions shall not
be considered public property.
The United States acknowledge ana
protect in hostile countries occupied by
them religion and morality, strictly pll-
vate property, the persons OF the lnhdp-
Of n
the sacredness of domestic relations
Offenses to the contrary shall be rlgor-
ously punished. Private property, unless
forfeited by crimes or by the offences
of the owner, can be seized only by
way of military necessity, for the sup
port or other benefit of the army of the
United States.
All Wanton violence committed
against persons in the invaded country,
all destruction of property, unless au-
thorized by the commanding otflcer; all
robbery, all pillage or sacking, even
after taking a place by main force, all
rape wounding, manning or Killing OF
such inhabitants are prohibited under
the penalty of death, or such other Sc
we're punishment as may seem adequate
for the gravity of the offence.
A soldier, officer or private, in the act
of committing such violence, and dis
obeying a superior ordering him to alb
stain from it, may be lawfully killed
on the spot by such superior.
| DESERTERS AND PRISONERS OF
WAR.
Deserters from the United States
army, having entered the service Of the
enemy, suffer death if they fall again
| into the hands of the United States. A
prisoner of war is public enemy armed
/ or attached to the hostile army for act
! i've aid, who has fallen into the hands
| of the captor, either fighting or wound
! ed on the field or in the hospital, by
individual surrender or capitulation.
Citizens who accompany an army, such
as suffers, reporters or contractors, if
captured, may be made prisoners OF
war and be detained as such.
The enemy's chaplains, surgeons,
apothecaries, hospital nurses and SER
wants, if they fall into the hands of the
! American army, are not prisoners Of
war, unless the commander has reason
to retain them. A prisoner of war is
subject to no punishment for being a
public enemy nor is any revenge
Wreaked upon him by the intentional
infiiction of any suffering or disgrace
| by, cruel Imprisonment, want of food,
mutilation, death or any other barbar-
ity.
| Prisoners of war are subject to con-
| f1nement or Imprisonment such as may
| be deemed necessary on account OF
safety. They may be required to work
for the benfit of the caDtor's Govern
ment, according to their rank and condi-
ton. Those who attempt escape may be
killed in flight. In case of a conspiracy
| for the purpose of a general escape the
| conspirators may be vigorously pun
ished, even with death.
Outposts, sentinels or pickets are not
to be fired upon, except to drive them
in or when positive order, specified
or general, has been issued to that
effect. The use of poison in any man
ner is wholly excluded from modern
warfare, and he who uses it places him
self out of the pale of the law and
! usages of war.
/ Whoever Intentionally inficts addi-
/ tional wounds on an enemy already dis
abled or kills such an enemy, or who
orders and encourages soldiers to do
so, shall suffer death, if duly convicted,
/ whether he belongs to the army Of
the United States or is an enemy cap
/ tured after having committed his mis-
deed
SPIES AND FLAGS OF TRUCE.
Scouts or single soldiers if diSpTiSed