The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1898-04-22
IN THE TIME OF WAR.
A DIGEST OF THE STERN LAWS OF
POSSIBILITIES.

var Bombardment of Cities-Use of Poi
| sons and Explosive Bullets Prohibited.
For the most part Americans are lit
tie familiar with the laws OF war. They
know in general way that there Is
something called martial law which is
put In force when war is in progress in
any territory, and they also know that
war makes many things right that are
decidedly wrong in times of peace, but
few know just how far these powers
extend.
On this subject the provisions of a
little book called Instructions For the
Government of the Armies of the United
States In the Field" Francis Lieber,
issued in 1868 by authority of Presi-
dent Lincoln, become of interest. .Ac-
cording to this book, it is lawful to
starve hostile belligerents, whether
armed or unarmed; to destroy the lives
and limbs OF all enemies whose destruc-
tion Is unavoidable in prosecuting the
war; to capture and destroy the en-
emy's property and his routes or chan
nels OF commerce, and to make use Of
all receptions that do not involve the
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
the 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
municate 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 he SO de-
sires, give time for noncombatan to
be removed. This is ordinarily done,
though IL time were in question it
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
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 prohitJ-
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-
sive ball. Retaliation is allowable in
case of dire necessity, though its prac-
tice 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-
fisoation, though it may be temporarily
used. Museums and art works may be
carried off and held pending the deter
mination of their ownership by treaty
of peace.
Private property, including money or
other valuables, 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 be some robbery sometimes,
but there is less robbery than in times
of peace. Correspondents, suffers. etc.,
may be held as prisoners of war. Chap
lains, doctors, nurses, etc., are not ex-
cept In extreme cases. Prisoners may be
shot If they attempt to escape, but can
not be legally punished after recapture
1t is against the usages of modern war
to refuse to give quarter except when in
extreme danger through being incum-
bered by prisoners or in the case of
troops who masquerade in the enemy's
uniform or who fight without authorize
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.
the persons of the residents of the ooun-
tries they may invade are inviolate, 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
ton was ever reported. 1t is permissible
for 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 a conference at Brussels