The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-30

tons for the government OF armies of the
United States in the field, have been re-
commanders for their guidance during the
present conflict with Spain. These instruc-
Iions We're prepared by Francis Leber'
Ii D.. father of the present judge advo-
cate general of the army. and were pub
lsbed at the direction of President Lincoln,
after being formally revised by board OF
officers. of which Maj Gen. II. A. Hitch
cock was president They were adopted by
botA France and Prussia in the war be-
tween those countries five years after the
civil contest here and were the basis upon
which a general European conference aft
erward acted in dra wing up an agreement
on this subject. The instructions make TWEEN
ty-four pages OF print and cover almost ev-
cry conceivable feature of military conduct
and usage In time of war and definition OF
many of the terms used They embrace
ten sections, as follows:
Section Martial law, military jurisdic-
ticn, military necessity, retaliation.
Sec. Public and private property of the
enemy, protection of persons, and especially
OF women, of religion, the arts and sciences,
punishment of crimes against the inhabi-
tSnts of hostile countries.
tages booty on the battlefield.
Sec. EPdrtisans, armed enemies not be-
longing to the hostile army, scouts armed
Sec. 5cSafe conduct, spies, war traitors,
captured messengers, abuse of the flag OF
truce.
; truce, flags of protection.
Sec. 1.-THE parole.
sec. S-ArmiSttce. cdpltulatiOn.
Sec. ASSASSINATION.
Sec. 10-Insurrection. civil war. rebellion.
Martial law is explained as simply military
authority exercised in accordance with the
laws and usages of war. place. district or
country occupied by an enemy. stands, in
consequence of the occupation, under the
martial law of the invading or occupying
army. It extends to property and to per-
sons, whether they are subjects of the en-
envy or aliens to that government When
ever feasible martial law is carried out in
cases of individual offenders by military
courts, but sentences of death shall be eX-
ecuted only with the approval OF the chief
executive provided the urgency of the case
does not require a speedier execution, and
then only with the approval of the chief
Martial 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 or armed
enemies, and of other persons whose de-
struction is incidentally unavoidable" in
the armed contests of the war. Military
necessity does not admit of cruelty-that is,
the infection of suffering for the sake of
suffering or for revenge, nor of manning or
wounding except in Tight, nor of torture 10
extort confessions. 1t admits of deception,
but diSclaims acts of perf1dy. When a COM
combatants in order to lessen the number
of these who consume his stock of provi-
sfons. 1t is lawful, though an extreme meas
ure, to drive them back 50 as TO hasten on
the surrender. Commanders whenever adj
miSsible, inform the enemy of their inten-
ton to lombard place, but it is no in
thus to inform them. Surprise may be a
necessity.
Retaliation will never he resorted to as
measure of mere revenge, but only as
means of protective retribution, and more
over 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 retributiOn. The more vigorously
war is pursued the better it is for human
ity. Sharp wars are brief.
A victorious army approprlateS all pubic
money, seizeS all public movable property
until further directed by its government,
and sequesters for its own benefit or that of
its government all the revenues of real prop
erty belonging to the hostile government or
nation. The title to such real property re-
mains in allegiance during military occupa-
ton and until the conquest is made COM
plete The United States acknowledge and
protect in hostile countries occupied by
them, religion and morality, strictly private
property, the persons of the Inhabitants, es-
pecially those of women, and the sacred
ness of domestic relations.
Deserters from the American army -hav-
ing entered the service of the enemy, suffer
death If they fall into the hands Of the
modern war to resolve in hatred and re-
nels or pickets are not to be fired upon ex
ORDER, special or general has been issued to
that effectA Whoever Intentionally infiicts
additional wounds on an enemy already
wholly disabled or kills him, or orders that
this shall be done, shall suffer death if con-
yicted