The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-05-28
WHAT MARTIAL LAW Is.
Commander of an Army Is n CiviE
and Military AutOcrat

and Military AutOcrat.
From the ST. Louis Post-Dispatch
In view of the probability of our soldiers
or sailors invading and holding Cuba or
the Philippines, a glance at what condi-
| tons would exist under martial law, as
| shown by instructions to army officers, Is
of interest
In the first place it should be understood
that the mere presence of a hostile army
| proclaims martial law whether or not any
proclamation declaring martial law or any
public warning to the Inhabitants has been
issued.
Martial law gives the entire Legislative
and executive power to the commander of
the invading force, unless some other per-
son shall be appointed by him or his gov
eminent.
Every inhabtant of the country occu-
pied, his person and effects is subject 70
the execution of the military administra-
tors laws. Consuls to the country or
state under subsection are included, SINGS
they are not recognized as diplomatic
agents.
The functions of ambassadors minis
accredited by neutral powers to the de-
throned government cease, but the con-
quering power usually recognizes these
agents as temporarily accredited to ITSELF
What measures shall be adopted for the
government of the country occupied arc
determined by the military commander
who uses such means az he deems neces-
sary to conserve the interests of his OWN
country, regardless of their effect upon
others.
However, it is a cardinal principle Oh
martial law, as administered by the Unit
ed States, that non-combatants shall NOT
be disturbed in the pursuit of their every
day vocations unless absolutely necessary.
Martial law disclaims all cruelty and bad
falth concerning compacts effected during
the war and does not countenance eXtor-
tons or other transactions for private
gam or revenge. On the contrary, onenses
OF this kind are to be severely punlshed'
especially if committed by officers.
Martial law affects chiefly the pohclhS
Oh the territory where 1t exists and me
collection of public revenues and taxes
whether imposed by the expelled govern
ment or the invader.
Under martial law administered by the
United States in Cuba or the Philippines
officers and the necessary troops of clerks
acting under the orders of the American
commander would take possession OF Ine
Cu0loul houses ana Inunlclpdl tdA W.
ments and collect all the money due undeV
the old regime and whatever might be lew
led by the military commander.
All civil and penal laws may continue
under martial law If the military COM
mander SO elects. But he may abolish INC
courts and have Offenders tried by courts
martial. Such crimes as may not CONS
under the jurisdiction conferred by a sta,-
ute or courts martial will be dealt WIN
by military commissions
While the safety and welfare OF hoh-
combatants is to be considered at all timess
when the commander Of a besieged Guy
eXpels the inhabitants of this class IN o.
der to economize the food for those VIZ
are fighting, the besiegers are JUSTIFIED Dy
the law of war in driving them back J."
order TO hasten the captulation by lam
Inc.
Every commissioned officer in the 7 MT
States army and navy is provided With
compendium of circulars, orders, etc.
which an-the rules of martial law are
forth clearly and each officer Is suppose
TO be thoroughly posted thereon.