The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-04-30

Spaniards will rest on American shoulders
Nearly forty years having elapsed since
had occasion to occupy territory i'm which
their intervention Tor the purpose of restor-
Ing law and ORDER was resisted by armed
ent it may be worth while to recall a few
of the features of What is known in interna-
tional law as temporary military occupa-
This is all the more important as Cuba is
likely to become, very hotbed of crime as
soon as ever, by the landing of the invading
forces, the previous restrictions of law are
The Spaniards. for instance. may be re-
lied upon to empty the prisons and jails on
the approach of the American forces, in
addition to which past wars have shown
that the mere presence of a hostile force
upon the soil of country seems to breed
a special criminal class usually recruited
by deserters from both armies who, operat~
ing sngly or in SIM; small bands, commit depre-
criminal acts with the most barbarous
It is to the suppression of this kind of
brigandage that the American commanders
will find themselves obliged to devote con-
siderable time and attention and possibly
a large amount of military force
No oppressive measures are too severe in
dealing with this class of criminals, who
are regarded as beyond the protection of all
law, civil or martial, and may be hunted
The responsibility Of maintaining public
order in Cuba, and of furnishing crime will
I9ll IN the nrSt pldce upon the commanding
general of the occupying forces. OF course
his first obligation is towards the United
States for the successful conduct of the
military operations of which he has charge
and in carrying on these he is governed by
the laws Of war, which forbid indscrimi-
nate or excessive violence of harshness. His
exercise of authority must, therefore, be as
far as possible consistent with these ends,
and If he complies with the international
code of the laws Of war, which has been
adopted by most OF the great military pow
ers of Europe and which was elaborated by
the Institute of International Law at it's
congress held at Oxford in 1880, he will, as
far as practicable, retain the laws that have
until that time been in force in Cuba, and
will not modify, suspend or replace them
until it becomes absolutely necessary to do
A very difficult problem with which the
commanding general and the American
army of occupation vail be confronted and
which will require solution before the new
Cuban republic is left to it's own devices,
will be the question of the disposal Of the
men. who at present constitute the insur-
gent army. The majority of them are in
dividuals who, having spent the major part
of their existence in fighting the Spaniards,
have practically no other profession than
that of arms, and who. moreover, after
having been until now accustomed to the
free and easy open life of a. guerrilla, would
naturally find it difficult to conform them
selves to the restrictions of ordinary
everyday life in a peaceable orderly COM
munity. Something will have to be done
for them and considerable amount of
ingenuity will be needed in order to settle
the question
In conclusion would point out that the
entire basis and foundation of the occupa-
ton by an invadingaforc is constituted by
the possession of superior military force
This is point which on no account should
be forgotten, and 1t is imperative, therefore,
sufficiently large military force to avert all
danger of it's authority being disputed or
ignored until the occupation and all its
vast and intricate responsibilities come to
an end.