The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-24
THE LAWS OF CIVILIZED WAR
FARE AND SPANISH METHOD.

In early time when the might Of the
stronger was the sole arbiter between
contestants, there was no such thing as
the rule Of war. The successful killed
or enslaved prisoners taken in arms;
they killed non-combatants, women and
children. or made the latter the prey of
lust or responsive to the desire for
slaves. Cities were destroyed out Of
the mere spirit of destruction, and with
out any necessity for advancing the
arms of the triumphant. Pillage and
incendiarism were rulable, and torture
was common.
AS men advanced along the paths of
civilization these hard conditions mod
flied, and the laws of warfare began to
appear by natural evolution. The flag Of
truce, first introduced for parley and
later to pass the wounded through
lines to safety, and later to safeguard
messengers sent to bury the dead OF
pass between opposing forces, was rec
ognized as inviolable. Then came the
exchange of prisoners according to a
code that grew along with the advance
of humane ideas.
Next came the recognition of the
hospital flag, the protection of surgeons
in discharge of duty, the recognition Of
n-belligerents and their right to be
free from assaults or destruction of
their property not necessary to the
attainment of a military necessity or
unquestioned advantage The rules of
warfare very early extended protection
to women and children, the aged and
the infirn, and while property might be
seized for the subsistence Of an invad-
ing army, or in the home country
where necessity demanded, the right
to compensation in the latter case was
conceded.
Steadily the humane spirit has in
grown into the systems of warfare IN
til new chivalry has arisen which
forbids the infiction Of any wanton in
jury upon nOn-combatants, or the de-
struction of property, except it is nee
essary to the achievement of the mill
tary end in view, and which must be
legitimate one, not mere wantonness.
So it has come to pass that in the
ethics Of modern warfare it is defensible
to con1ine hostile population not actu-
ally in arms. While it is recognized as
often war necessity to drive out a
considerable body of people and destroy
their dwellings, and means of indus
try, it is wholly indefensible, nay it is
criminal and abhorrent, to coop up and
starVe non-combatants. If they must
be congregated and held in quasi-con-
hnement, they must be cared for and
treated humanely But even such con-
gregating and restricting Of movement
Is rare, in most cases military necessity
not demanding more than the establish
ment of guard lines, and the enforce
ment Of such rules and regulations as
will prevent aid being given to the en-
envy.
That the question Of the business OF
the charge against the Spanish conduct
of the war in Cuba may be clearly I'M
oerstood, such retrospection is neces-
sary to understand how the restraints
upon warfare have grown and expanded
correspondent with the advance of pro-
gressive ideas and the recognition of
human rights. According to the laws
OF this growth which have eliminated
IN the code now recognized by civilized
nations everywhere, the Spanish cam
paign in Cuba embraces a system alb
horrent to mankind, repulsive to every
sentiment of honor and justice and
approaching If not reaching a condition
OF barbar1ty.
1t Is wholly unnecessary to recapitu-
late the detail; these offenses are well
known to the reading public If there
existed any doubt concerning the YER
ity Of the reports of them. it has been
dissipated by testimony of an official
and semi-offlcial character. Spain
therefore has placed herself without the
pale Of the laws of civilized warfare.
and in Cuba has returned to barbaric
methods IN what seems to be an at
tempt to obliterate the Cuban popula-
ton and leave the land for the Span
iards alone.
Her brutal congestion Of the pacifcos
In towns and cities, the crowding of the
country people, women and children.
the sick, aged and infirm, into cities
ana villages without any provision for
their sustenance, shelter and humane
treatment; leaving them to starve. rot
and die in the cutters, amounts to
such offending as to put her within the
pale Of barbaric custom ana to merit
visitation Of punishment upon her by
civilized nations, which are bound by
the laws of a common humanity to for
bid and prevent by employment Of force
If need be the commission of such crime
under the thin mask of wars neces-
sity."
Spain has persistently pursued the
system protested against as barbarous
for more than half a year and has done
nothing whatever to mitigate its hor-
rors. On the contrary, she has been
content to have foreign peoples send in
supplies, establish hospitals and feed
and nurse the non-combatants she
has needIessly reduced to such a de-
plorable condition. AT the same time
in the larger cities of the island she
has promoted festivals and balls, cele-