The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-30

WASHINGTON, May 29.-General
Order No. 100, of April "a, 1862 COM
prislng instructions for the government
of armies Of the United States in the
field. have been reissued, and are be-
ing sent to the various commanders
Tor their guidance during the present
conflict with Spain
Ihese instructions were prepared by
Francis Lieber, LII. D., the father OF
the present judge advocate general of
the army, and were published at the di-
rectlon of President Lincoln after be-
ing formally revised by board of Off
GERS, of which Maj. Gen. E. A. Hitch
cock was president. They were adopt
ed by both France and Prussia in the
war between those countries five years
after the civil contest here, and were
the basis upon which 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 defni-
ton Of many Of the terms used. They
embrace ten sections, as follows:
Section l. Martial law, military jurisd elton,
military necessity retaliation.
Sec. g. Public and private property Of the
enemy, protection OF persons and especially
women, of religion. the arts and sciences,
punishment of crimes against the inhabitants
of hostile countries.
Sec. 3. Deserters prisoners of war, hos
tages, booty on the battlefield.
Sec. 4. Partisans. armed enemies not be-
longing to the hostile army, scouts, armed
providers, war rebels.
Sec. 5. Safe conduct. spies. war traitors.
captured messengers, abuse of the flag OF
truce.
Sec. 8. Exchange of prisoners, flags Of
truce. flags Of protection.
Sec. 7. The parole. .'..
Sec. 8. Armistiees, capitulation.
Sec. 8. Assassination.
Sec. 10. Instruction, civil war, rebellion
USAGES OF WAR.
Martial law is explained as simply
military authority exercised in accord
ance with the laws and usages CT war.
A place, district or country occupied
by an enemy stands. in consequence of
the occupation, under the martial law
Of the invading or occupying army. 1t
extends to property and to persons,
whether they are subjects of the enemy
or aliens to that government. When
ever feasible, martial law is carried
out in cases of individual offenders by
military courts; but sentences of death
shall be executed only with the ap-
prevail of the chief executive, provided
the urgency of the case does not re-
quire 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 contests of the
war. Military necessity does not adj
NIT of cruelty-that is, the infiction of
suffering for the sake of suffering or
for revenge, nor of manning or wound
ing except in fight, nor of torture to
extort confessions. 1t admits of decep-
ton, but disclaims acts of peffidy.
COMMANDMENT OF CITIES. ~
Commanders, whenever admissible, in
form the enemy of their intention to
lombard a place, but it is no infraction
of the common law of war not to in
form them. Surprise may be neces-
sity
Retaliation will never be resorted to
as a measure of mere revenge, but
only as a means of protective. retribu-
ton, and, moreover, cautiously and
unavoidably; that is to say, retaliation
shall. only be reSorted to after careful
inquiry into the real occurrence. and
the character of the misdeeds that may
demand retribution. The more vigor-
ouSly war is pursued, the better it is
for humanity.
A victorious army appropriateS all
public money, seiZes all public nova
bic property until further directed by
it's government, and sequesters for it's
own benefit or that of it's government
all the revenue of real property be-
longing to the hostile government or
nation. The title to such real property
remains in allegiance during military
occupation and until the conquest is
made complete. The United States &C
knowledge and protect. in hostile coun-
tries occupied by them, religion and
morality; strictly private property; the
persons of the inhabitants, especially
those of women, and the SacredneSS
of domestic relations.
DeserterS from the American army
having entered TIE service of the enc
my suffer death if they fall into the
hands of the United States 1t is
against the usage of modern war to
resolve in hatred and revenge to give
no quarter. OutpoSts, sentinels or
pickets are not to be fired upon, except
to drive them in, or when a positive
order, special or general, has been is
sued to that effect. Whoever inten-
tionally inflicts additional wounds on
an enemy already wholly disabled, or
kills him, or orders that this shall be
done, shall suffer death if convicted.