The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-04-09
Tbs Laws of War.


In a recent article condensed from
the Washington Star attention was
called To some of the legal conse-
quences of war as affecting Spaniards
in the United States and Americans i'm
Spain. or Spanish colonial possessions.
The Washington Post prints a long ar
ticle showing wars legal effects upon
the inhabitants of Cuba in the event
of American Investment and invasion
of that island. We present herewith
some of its more interesting features,
based on the official instructions of our
war department for the government Of
The armies Of the United States in the
field.
The regulations. We are told. declare
that the presence or hostile army
proclaims martial law over the terri
tory occupied and over which authority
can be exercise. Therefore martial
law would be the government of Cuba
during Sparish-American hustilitics
The commander OF the American forces
might at his discretion proclaim that
the administration of civil and penal
laws should continue. either wholly or
in part, as in times of peace. The COM
manding officer would also have the
authority to require of all civil officers
and magistrates in the island an oath
of temporary allegiance or an oath Of
fidelity to the American government.
Magistrates and officers declining to
take such oath would probably be ex-
PEELED from the island, or at least re-
moved from office. The regulations
say
War is not carried on by arms alone. II
Is lawful to StarVe the hostile bClligoront
armed or unarmed 50 that it leads to the
speedier SubjectiOn of the enemy. Mill
tary necessity admits of all direct de.
struction Of life ana limb Of armed cnc-
mics and of other persons whose deslruc-
ton is Incidentally Unavoidable in the
armed contests of war. 1t allows of the
capturing OF every armed enemy ana ev-
cry enemy of importance, it allows OF an
destruction of property ana destruction
or the ways and channels OF traffic travel
or communication, ana Of all Withholding
OF SuStcnanCe or means OF life from the
enemy and Of such deception as does not
involve the breaking of good faith Men
VINO take mp arms against enc another IN
rublc war do not cease on This account
10 be moral beings, responsible to one an
other and TO God.
Commanders, whenever admissible
inform the enemy Of their intention 10
lombard fortified city, SO that non
compatants. and especially women and
children, may be removed from dan
ger. But it is no infraction Of the
common laws Of war to fail i'm thus
warning the enemy Of it's danger. Sur-
prise is held i'm some cases to be n
necessity Only fortified places are
liable to bombaTdment. 1t is custorn-
airy when city is to be bombarded 10
designate hospitals and like lnstitu-
lions by flags, usually yellow. SO that
the besicging enemy may avoid firing
on them. The same is done in battles
where hospitals are located within the
field Of engagement. An honorable
enemy respects these flags of protec-
tion so far as the fight will permit. and
it is justly considered an act Of bad
faith of infamy, and fiendishness to
deceive an enemy by such flags. The
besieging enemy often requests the be-
sieged to designate the buildings con-
tanning collections of art, scientific
''''N"'Il"' VI bl'ClOuS llDIdllcS, so lndt
their destruction may be avoided.
As regards ConfisCatlon, the Amcri-
can army is authorized to appropriate
all public money, seize all public and
movable property. and sequester for its
own benefit all the revenues OF real
property belonging to the hostile gov
ernment. As genera! rule property
belonging 10 hospitals, churches, char
liable institutions, ana seats Of learn
ing Is not considered public property,
aud is therefore exempt from the ncCes-
stiles Of war, except in extremely
urgent cases, If works Of art, libraries,
scientific museums, etc, can be re-
moved without injury the American
commander may order them to he
seized and removed, Ultimate owner
ship will then be decided by the ensu-
ing treaty Of peace. Private property,
unless forfeited 10y crimes or political
otfenses of the owner may not be seized
except in cases of extreme necessity
Money and other valuables found on the
person Of a prisoner are to be regarded
hy the American army as private prop
erty' the appropriation Of which is con-
sidered dishonorable, Nevertheless. {;
a large sum Of money be found upon
the person nf q prisoro~ - shat ~