The record-union., 1898-05-30

the basis upon which a general Euro
Pean conference afterwards acted in
drawing up an agreement on this sub
ject. The instructions make twenty
four pages of print and cover almost
every conceivable feature of military
conduct and usage in time of war, and
a definition Of many of the terms used.
They embrace ten sections. as follows:
Section l. Martial law, military ju-
risdiction, military necessity of retalia-
ton.
Section , Public and private prop
erty of the enemy, protection of per-
sons, and especially of women of re-
ligion, the arts and sciences, punish
ment Of crimes against the inhabitants
of hostile countries.
Section 3. Deserters, prisoners of war,
hostages, booty on the battlefield.
Section f. Partisans armed enemies
not belonging to the hostile army,s
scouts. armed providers, war rebels.
Section ). Safe conduct, spies, war
traitors, captured messengers, abuse of
the flag of truce.
Section g. Exchange of prisoners,
flags of truce. flags of protection.
Section Z. The parole
Section s. Armistice, capitulation.
Section o. Assassination.
Section 10 Insurrection, civil war,
rebellion.
Martial law is explained as simply
military authority exercised in accord
ance with the laws under usages of
war. A place, district, or country, oc-
cupied by an enemy stands, in conse-
quence of the occupation and the mar
tial law of the invading or occupying
army
1t extends to property and to persons,
whether they are subjects of the en-
emy or aliens OF that Government
Whenever feasible martial law is car
ried out in cases of individual offenders
by military courts; but sentences of
death shall be executed only with the
approval of the Chief Executive, pro-
vided the urgency of the case does not
require a speedier execution, and then
only with the approval of the chief
commander 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 of armed"
enemies, and of other persons whose
destruction is incidentally ''unavoid-
able" in the armed contest of the war.
Military necessity does not admit of
cruelty-that is, the inf1iction of suf-
fering for the sake of suffering or for
revenge, nor of manning or wounding
except in fight, nor of torture to 'ex-
tort confessions. 1t admits of decep-
ton, but disclaims acts of perfidy.
When a commander of a besieged
tT01a 10 h no re in nr-
der to lessen the number of those who
consume his stock of provisions, it is
lawful, though an extreme measure, to
drive them back so as to hasten on the
surrender.
Commanders, whenever admissible
inform the commander of the intention
to lombard a place, but it is no in
fraction of the common law of war to
omit thus to inform them. Surprise
may be a necessity Retaliation will
never be resorted to as a measure of
mere revenge. but only as a means of
protective retribution, and moreover
cautiously and unavoidably, that is to
say, retaliation only shall be resorted
Ito after a careful inquiry into the real
occurrence and if the character of the
misdeed may demand retribution. The
more vigorously war is pursued the
better it is for humanity. Sharp wars
are brief.
A victorious army appropriates all
public money, seizes all public movable
property until further directed by its
Government, and seduesters for its own
benefit or that of its Government all
the revenues of real property belonging
to the hostile Government or nation
The title to such property remains in
allegiance during military occupation
and until the conquest is made COM
plete. The United States acknowledge
and protect in hostile countries occu-
pied by them religion and morality.
strictly private property the persons
of the inhabitants, and especially those
of women and the sacredness of domes-
tic relations
Deserters from the American army
having entered the service of the en-
emy suffer death if they fall into the
hands of the United States It is
against the usage of modern war to re-
solve in hatred and revenge to give no
quarter. Outposts or sentinels or pick
cts are not to be fired upon except to
drive them in, or when positive or
der special or general, has been issued
TO that effect. Whoever Intentionally
inflicts additional wounds on an enemy
already wholly disabled. or kills him. or
orders that this shall be done, shall
suffer death if convicted.
SALVATION ARMY.