The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1898-04-13
LAWS OF HOS7ILl7lES.
They Are More Stern Than Those
in Time of Peace.
POINTS FOR THE UNINITIATED.
An Interesting Little Book Issued by the
Authority OF President Lincoln I'm 1858
Gives Some Valuable Information-Wha
IL Permissible Under the Laws OF War
Poison and Explosive Bullets Prohibited
Concerning Prisoners Flags of Truce.

Washington, April 1l-For the most
part Americans are little familiar with
the laws of war. They know in a gen.
eral way that there is something called
martial law which is put in force when
wer is in progress in any territory, and
they also know that war makes many
things right that are decidedly wrong In
times of peace, but few know just how
far these powers extend. War has its
laws, far more stern than those of
peace, 1t is true, but still laws more or
less rigid. 1t is not merely anarchy
tempered by the strong hand of the
army. 1t is true that its laws may be
and are often violated with impunity,
but still they exist, and can be en-
forced. On this subject the provisions
OF little book called Instructions for
the Government of the Armies of the
United States in the Field" by Francis
Lieber, issued in 1863 by authority Of
President Lincoln, become of interest.
Ultimate Object of War.
A striking paragraph of this reads as
follows: 1.-The ultimate object of all
wars is renewed state of peace. No
conventional restrictions of the modes
adopted to injure the enemy is any
longer admitted, but the laws of war
impose many limitations and restric-
tions on principles of honor, faith and
Justice"
According to this book II is lawful to
starve hostile belligerents, whether
armed or unarmed; to destroy the lives
and limbs of all enemies whose destruc-
ton Is unavoidable in prosecuting the
war; to capture and destroy the enc
my's property and his routes or chan
nels of commerce, and to make use OF
all receptions that do not involve the
breaking of faith. If our armies in
wade Cuba, our generals would proba-
bly, proclaim martial law. This does not
mean that all civil laws would neces-
sarily cease. Probably the ordinary
processes of law would go on much as
before, except at the seat Of actual hos
tilities. 1t would be in the discretion of
the military commanders to say just
how far they would go. They might
also permit the Spanish magistrates to
retain their offices on taking oath of
temporary allegiance to the United
States. Spanish subjects would not
necessarily or even probably be ex-
PEELED from the United States, although
they would be forbidden to communi-
cate with their friends at home.
Bombardment without Warning.
1t is entirely permissible under the
laws of war; says this treatise. for an
enemy to lombard an unfortified city
without giving the least warning OF his
purpose, although he may, if he so de-
sires, give time for non-combatants to
be removed. This is ordinarily done.
thought time were in question it might
easily be disregarded. Flags. usually
yellow, are put up in such cases to
mark the locations Of hospitals, and the
enemy is required to avoid firing on
them. Considering the manner in
which the Spanish have murdered the
rebel wounded in all hospitals that they
have captured, 1t seems improbable
that they will observe this rule. To
compel them to do so we should have
to resort to retaliation, and 1t is i'm
probable that this country would per-
NIT such a course.
OF course, it is an act Of infamous
bad faith for the attacked town to put
up false hospital flags, though there
has requested a town about to be bonn
barded to designate museums, Libraries
and art collections by flags, so as to
avoid their destruction.
No Poison or Explosive Bullets.
The use Of poison in any manner or
of explosive bullets is absolutely pro-
hibited, and he who uses them puts
himself outside the pale of civilization.
The new dum-dum, or mushrooming
bullet seems not to be prohibited,
though it is open to the same objection
as the explosive ball. Retaliation is
allowable in case of dire necessity,
though it's practice Is strongly depre-
Gated by all civilized powers. The Red
Cross is supposed to be absolutely in
violable, but SPANS civilization is at
so low an ebb that Miss Barton and her
staff have thought 1t expedient to leave
Cuba and not trust to the protection of
the Spanish. This Is fearful COM
mentary on Spanish warfare. All
property belonging to the government
Of the enemy may be seized and con-
verified to use. Church and school prop
erty is generally held to be exempt
from permanent confiscation, though II
may be temporarily used. Museums
and art works may be carried of, and
held pending the determination Of their
ownership by treaty Of peace.
Will Always He Robbery.
Private property, including money or
other valuables, found on the persons
of prisoners. says Mr.. Lieber, is not
to be confiscated except In case Of ex-
treme necessity. As q matter Of fact,
there will always be some robbery
sometimes. but there Is less robbery
than in times Of peace. Correspon-
dents, suffers, ETC., may be held as pris-
oners of war. Chaplains, doctors,
nurses, etc., are not exempt in extreme
cases. Prisoners may be shot II they
attempt to escape, but cannot be legal
ly punished after recapture. 1t is
against the usages Of modern war to
refuse to give quarter except when IN
extreme danger through being outnum-
bered by prisoners, or In the case Of
troops who masquerade In the enemy's
uniform or who fight without authori-
zatIon Of their government. Flags Of
truce are inviolable, but firing is not re-
quired to cease on their appearance,
and should the bearer be killed by acci-
-