The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-05-06
WELL DEFINED LAWS
GOVERN THIS WAR
Minute Instructions Are Issued by the
War Department.
MUST FIGHT ON A HIGH PLANE
War at Best Is Organized Sayagery
hut the United states Intends to
Wage IL in as Decent u Manner AS
Possible.

lilt NEW lblh il'lhlN'
A war is not "a lawless thing. The
United States has its instructions for
the government of armies in the field,
and Just what actions are lawful ana
what are unlawful are very clearly de-
fined These instructions were pre-
pared by the late Dr. Francis Lieber at
the request of the War department.
and were issued to the army in 1863.
They are still in force. and constitute
the standard as to the rules of war on
land.
The instructions begin with detini-
tion of martial law, which takes the
place of criminal and civil law in times
of hostility. We learn that war is not
carried on by arms alone. 1t is lawful
TO starve the hostile belligerent, armed
and unarmed, SO that it leads to the
speedier subjection of the enemy. When
the commander of a besieged place cX-
pels tch non-COmbatants in order to
lessen the number of those who con-
sumo his stock of provisions, it is law
full. though an extreme measure, To
drive them back, so as to hasten a sur
render.
Commanders whenever admissible
inform the enemy of their intention To
lombard place, SO that he non-cOm-
bdldulS, tSIttltllN lllt NbIlltIl anu
children. may be removed before the
bombardment commences. But it is
no infraction of the common law OF
war to omit thus to inform the enemy
Surprise may be necessity. In mod
ern wars protection of the inOffensive
citizen of the hostile country is the
rule; privaton and disturbance of pri-
vate relations are the exception
=
ON the subject of retaliation instruC-
tions are set forth as fOllows:-PeaCe
is the normal condition of nations war
is the exception. The ultimate object
of all modern war is a renewed state
of peace. The more vigorously wars are
pursued the better it is for humanity.
Sharp wars are brief.
Ever since the formation and co-eX-
istence Of modern nations, and ever
since wars have become great national
wars, war has come TO be acknOw-
ledEed, not to be its own end, but
means to obtain great ends of state or
to consist in defence against wrong,
and no conventional restriction of the
modes adopted to injure the enemy is
any longer admitted; but the law of
war imposes many limitations and re-
strictiOns on principles of justice, faith
and honor.
The law of war can no more wholly
dispense with retaliation than can
the law of nations, of which it is a
branch. Yet civilized nations aC-
knowledge retaliation as the sternest
feature of war. A reckless enemy
often leaves to his opponent no other
means of securing himself against the
repetition of barbarOus outrage Re-
taiation will therefore never be re-
sorted to as a measure of mere re-
venGe, but only as a means of protec-
tive retributiOn, and, moreover, eau
tiously 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 command retribu-
tiOn.
Unjust or inconsderate retaliation
removes the belligerents further and
further from the mitigating rules Of a
regular war and by rapid steps leads
them nearer to the intcrnecine wars
of savages.
PROPERTY AND PERSON.
In this connection, under the rules
of law, a victorious army appropriates
all public money, sezes all public
movable property, until further direc-
tion by it's government, and seques-
ters for it's own benefit or that of it's
government all the revenues of real
property belonging to the hostile ma
tion or government. As a general
rule, however, the property belonging
to churches or hospitals, educational
or oh ri u inctit,tipnu CHI
considered public property.
The United States acknowledge and
protect in hostile countries occupied
by them religion and morality, strict
ly private property. the persons of the
inhabitants, especially those of wo-
men, and the sacredness of domestic
relations. Offenses to the contrary
shall be vigorously punished. Private
property, unless forfeited by crimes
or by the offenses of the owner. can
be seized only by way of military ne
Cessity, for the support or other bene-
fit of the army of the United States.
All wanton violence committed
against persons in the invaded coun-
try, all destruction of property, unless
authorized by the commanding officer;
all robbery, all pillaEe or sackng even
after taking place by main force,
all rape, wounding, manning or kill
iiG Of such inhabitants are prohibited
under the penalty of death, or such
ether severe punishment as may seem
adequate for the gravity Of the offense.
A soldier, officer or private, in the
act of committing such violence. and
disobeying a superior ordering him to
abstain from 1t, may be lawfully killed
on the spot by such superior
PRISONERS OF WAR.
Deserters from the United States
army, having entered the service of
the enemy, suffer death if they fall
again into the hands of the United