The herald., 1898-05-30
GENERAL ORDER ISSUED
FOR GOVERNMENT OF MARINES
IN THE FIELD
EVERY FEATURE IS COVERED
That War May Not Be More Hideous
Than Is Necessary to Early
Success
Associated Press Special Wire

Associated Press Special Wire
WASHINGTON, May 29.-General order
No. 100 of April 4, 1868, comprising instruc-
lions for the government OF marines OIL the
United States in the field, have been re-
Issued and are being sent to the various
commanders for their guidance during the
present conflict with Spain. These IN
structions were prepared by Francis Lie
lber, IL. D., the father of the present
Judge advocate general of the army, ana
were published at the direction OF Presi-
dent Lincoln, after being formally revised
by board of officers, of which MAJOR
General e. A. Hitchcock was president.
They were adopted by both France ana
Prussia in the war between those coun-
tries five years after the civil contest here'
and were the basis upon which general
European conference afterward acted IN
drawing up an agreement on this subject.
The instructions make "a pages Of print
and cover almost every conceivable fea-
ture 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 MARTIAL law, military jurispru-
dence, military necessity of retaliation.
Section 2-Public and private property OF
the enemy, protection of persons ana es-
pecially of women, of religion, the arts
and sciences, punishment of crimes against
the inhabitants of hostile countries.
Section 3-Deserters, prisoners OF war,
hostages, booty on the battlefield.
Section 4-Partisans, armed enemies not
belonging to the hostile army, scouts
armed providers, war rebels.
Section 5-Safe conduct, spies, war trait
ors, captured messengers. abuse of the
flag of truce.
Section 6-Exchange of prisoners, flags
of truce, flags of protection.
Section 1.-The parole.
Section S-Armistice, capitulation.
Section ASSASSINATION
Section 1O-Insurrection, civil war, rebel
lion.
Martial law is explained as simply mill
tary authority exercised in accordance
with the laws under usages of war. A
place, district or country occupied by an
enemy stands, in consequence of the occu-
patton and the martial law of the invad-
ing or occupying army. It. extends to prop
erty and to persons, whether they are sub
jects of the enemy or the aliens of that
government. Whenever feasible martial
law is carried out in cases of individual
offenders by military courts, but sentences
of death shall be executed only with the
approval of the chief executive, provided
this 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 or In countries fully occupied and
fairly conquered.
Military necessity admits of all direct
destruction of life or limb of armed" enc
mics and of other persons whose destruc-
ton is incidentally unavoidable" in the
armed contest of the war. Military neces-
sity does not admit of cruelty-that is, the
infiction of suffering for the sake of suf-
fering or for revenge-nor of manning or
wounding excepting in fight, nor of torture
to extort confessions. 1t admits of decep-
ton, but disclaims acts of perfidy.
When a commander of besieged place
expels the non-combatants in order to les
sen the number of those who consume his
stock Of provisions, 1t is lawful, though an
extreme measure, to drive them back so as
to hasten the surrender.
Commanders, whenever admissible, i'll
form the commander of intention to bonn
bard place, but it is no infraction of the
common law to omit thus to inform them.
Surprise may be 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 shall only be re-
sorted to after careful inquiry into the real
deeds may demand retribution. The more
vigorously war is pursued the better it is
for humanity. Sharp wars are brief.
A victorious army appropriates all pub
lie money, seizes all public movable prop
erty until further directed by its govern
ment, and sequesters for it's own benefit or
that of it's government all the revenues of
real property belonging to the hostile gov
eminent or nation. The title to such
property remains in allegiance during mill
tary occupation and until the conquest is
made complete. The United States ac-
knowledges and protects in hostile coun-
tries occupied by them religion and moral
ity. strictly private property, the persons
of the inhabitants and especially those of
women and the sacredness of domestic re-
lations.
Deserters from the American army hav-
ing entered the service of the enemy 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 re-
venge to give no quarter. Outposts of
sentinels or pickets are not to be fired upon
except to drive them in, or when positive
order, special or general has been issued
to that effect. Whoever Intentionally in
fiicts additional wounds on an enemy al
ready wholly disabled, or kills him. or or
ders that this shall be done, shall suffer
death If convicted.