Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1898-06-17
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What Martial Law is


our soldiers or sailors invading
and holding Cuba or the Philips
pines, glance at what ccndi-
tions would exist under marital
law, as shown by instructions to
army officers, is of interest.
In the first place it should be
understood that the mere pres
ence of hostile army proclaims
martial law, whether Or not any
public warning to the inhabi-
tants has been issued
Martial law gives the entire
legislative and executive power
to the commander the invading
force, unless some other person
shall be appointed by him or
his government
Every inhabitant Of the coun-
try occupied. his person and
effects, is subject to the execu>
ton of the military administrs :
tors laws. Consuls to the coun-
try or State under subsection
are included, since they are not
recognized as diplomatic agents.
The functions of am bassadors,
ministers Or other diplomatic
representatives accredited by
neutral powers to the dethroned
government cease, but the CON
quering power usually recognizes
these agents as temporarily &C
credited to itself.
What measures shall be adopt
ed for the government of the
country occupied are determined
by the military commander,
who uses such means as he
deems necessary to conserve
the interests of his own country,
Of their effect upon
others.
However, it is cardinal prin-
ciple Of martial law, as admins
tered by the United States, that
non com batants shall not be dis
turbed in the pursuit of their
vocations unless absolutely nee
essary.
Martial law d1sclaims all cruel |
ty and bad faith concerning cons
pacts effected during the war
and does not countenance extor>
tons or other transactions for
private gain or revenge. On
the contrary, offences of this
kind are to be severely punish~
ed. especially if committed by
officers.
Martial law affects chiefly the
policing of the territory where
it exists and the collection of
the public revenues and taxes,
imposed by the expel>
led government Or the invader.
Under martial law adminis-
tered by the United States in
Cuba or the PHILIPPINES, officers
and the necessary force of clerks
acting under the orders Of the
commander, would
take possession of the custom
houses and municipal tax depart
ment and collect all the money
1ue under the old regime and
might be levied by the
commander.
AL civil and penal laws may |
continue under martial law if
the military commander so
elects. But he may abolish the
courts and have offenders tried |
by court martial. Such crimes
as may not come under the jur>
Isdiction conferred by statute or
court martial will be dealt with
commissions.
With the safety and welfare
Of non co1nba tants is to be con-
sidered at all times, when the
of a besieged city
expels the inhabitants of this
class in order to economic the
food for those who are fighting,
the besiegers are justified by the
law of war in driving them back
in order to hasten the capitula>
ton by famine.
Every commissioned officer in
the United States army and
navy is provided with a COM
perdium of circulars, orders,
etc, in which all the rules of
martial law are set forth clearly
and each officer is supposed to
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