The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-04-15
THE LAWS OF WAR.
Hostilities Governed by Regulations
Plainly Set Down.

SET bOWhs
From the Chicago Times Herald.
Washington, April 1O-For the most
part Americans are little familiar with the
laws of war. They know in a general way
that there is something called martial law
which is put in force when war is in prog
ress 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.
War has it's laws, far more stern than
those of peace, it is true, but stll laws
more or less rigid 1t is not merely an
archy tempered by the strong hand of the
army, 1t is true that it's laws may be and
often are violated with impunity, but still
they exist, and can be enforced.
On this subject the provisions of a lit
tie book called instructions for the Gov
eminent of the Armies of the United
States in the Field" by Francis Lieber,
issued in 1863 by authority of President
Lincoln, become of interest
A striking paragraph Of this reads as
follows
1.-THE ultimate object of all wars is a re-
newed state of peace. No conventional re-
strictions of the modes adopted TO injure
the enemy is any longer admitted, but the
laws Of war impose many limitations and
restrictions on principles of honor, faith
and justice"
According to this book IL is lawful to
starve hostile belligerents whether armed
or unarmed; to destroy the lives and limbs
of all enemies whose destruction is I'M
avoidable in prosecuting the war; to cap
ture and destroy the enemy's property and
his routes or channels of commerce, and
to make use of all receptions that do not
involve the breaking of faith.
If 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 processes of law would go on
much as before, except at the seat of actu-
al hostilities. 1t would be in the discre-
ton of the military commanders to say
lust how far they would 60 They might
also permit the Spanish magistrates to re-
tain their offices on taking oath of temper
ary allegiance to the United States.
Spanish subjects would not necessarily
or even probably be expelled from the
United States, although they would be
forbidden to communicate with their
friends at home.
II is entirely permissible under the laws
of war SAYS this treatise, for an enemy
TO lombard an unfortfed city without
giving the least warning of his purpose,
although he may, if he so desires, give
time for non-combat antS to be removed.
This is ordinarily done, though II time
were in question it might easily be disre-
garded. Flags, usually yellow, are put up
in such cases to mark the locations OF
hospitals and the enemy is required to
avoid firing on them. Considering the
manner in which the Spanish nave muir
dered the rebel wounded in all hospitals
int thew have captured, 1t seems improb-
able that they will observe this rule. To
cornnel them to do so we should have to
resort to retaliation, and it is improbable
this country would permit such course.
ar course. ii is an act of infamous bad
faith for the attacked town to put up
false hospital flags, though there have
been occasions when the enemy has re-
ouested a town about 70 be Dombarded 70
designate museums, libaries and art col
lections by flags, so as to avoid their de-
struction.
The use of poison in any manner or of
exnIosive bullets is absolutely prohibited
and he who uses them puts himself out
side the pale of civilization. The new
dum-durn. or mushrooning bullet, seems
not TO be prohibited, though it, is open to
the same objection as the explosive ball.
Retaliation is allowable in case of dire
necessity though its practice is strongly
deprecated by all civilized powers
The Red Cross is supposed to be abso-
lutely inviolabe, but SPANS civilization
e al so low an ebb that Miss Barton and
her staff have thought II expedient to
leave Cuba and not trust to the protection
of the Spanish. This is a fearful common
tary on Spanish warfare. All property be-
longing to the government of the enemy
NAV 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 be
carried off, and held pending the determi-
nation 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 10 be
confscated except in case of extreme me-
cessity. As matter of fact. there will