The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-05-30
instructions For the Guidance of
American Commanders.
USED In THE CIVIL WAR
COVERING FEATURE OF MILL
TARY CONDUCT.
Treatment OF Persons and Property
In Territory Invaded By the Army
Martial Law Defined - Cruelty
Prohibited, as Well as Retaliation
For the Purpose of Revenge.

structions for the government of the
armies of the United States in the field
| has been reissued and is being sent 70
| the various commanders for their guild
ance during the present conflict with
| Spain. These instructions were pre-
pared by Francis Lieber, LII. D., the
| father of the present judge advocate
general of the army, and were published
at the direction of President Lincoln,
after being formally revised by a board
of officers, of which Major General z.
A. Hitchcock was president. They we're
adopted by both France and Prussia in
the war between those countries, five
years after the civil contest here, and
were the basis upon which a general
European conference afterwards acted
in drawing up an agreement on this
subject. The instructions make TWEEN
ty-four pages of print and cover almost
every conceivable feature of military
conduct and usage in time of war. and
definition of many of the terms used.
They embrace ten sections, as follows:
Section Marital law. military jur-
isdiction, military necessity of retalia-
ton.
Sec. Public and private property of
the enemy. protection of persons and
especially of women. of religion. the
arts and sciences, punishment of crimes
against the inhabitants of hostile coun-
tries.
Sec. @Deserters, prisoners of war,
hostages. booty on the battlefield.
Sec. APartisans. armed enemies not
belonging to the hostile army, scouts,
armed providers, war rebels.
Sec Safe conduct. spies. war trait
ors. captured messengers, abuse of the
flag of truce.
Sec. 6-Exchange of prisoners. flags of
truce. flags of protection
Sec. THE parole.
Sec. S-Armistice. Capitulation.
Sec. ASSASSINATION.
Sec. 1O-Insurrection, civil war, re-
bellion.
MARTIAL LAW.
Martial law is explained as simply
military authority exercised in accord
ance with the laws under usages of
war. A place, district or country occu-
quence of the occupation under the
martial law of the invading or occupy
ing army. It extends to property and
to persons, whether they are subjects
of the enemy or aliens of that govern
ment. Whenever feasible martial law
is carried out in cases of Individual of
tenders by military courts; but SEN
fences of death shall be executed only
with the approval of the chief execu-
does not require a speedier execution,
and then only with the approval of the
chief commander. Martial law should
be less stringent in countries fully oc-
cupied and fairly conquered. Military
necessity admits of direct destruction
of life or limb of armed enemies. and
of other persons whose destruction' is
incidentally unavoidable" in the arm
ed contests OF the war. Military neces-
sity does not admit of crueIty-that is.
the infiiction of suffering for the sake
of suffering or for revenge, nor of
manning or wounding except in fight,
nor OF torture to extort confessions 1t
admits of deception, but disclaims acts
of perfdy.
MISCELLANEOUS PROVISIONS.
When commander of a besieged
place eXpels the non-combatants in or
der to lessen the number of those who
consume his stock of provisions. it is
lawful. though an extreme measure, to
drive them back so as to hasten on the
surrender. Commanders, whenever ad-
missable, inform the commander of
their intention to lombard a place. but
it is no infraction of the common law
OF war to omit thus to inform them. I
Surprise may be necessity. Retalia-
ton will never be resorted to as a
OF mere revenge, but only as
a means of protective retribution, and
moreover. cautiously and unavoidably, |
that is to say, oscillations shall only
be resorted to after careful inquiry into
the real occurrence and the character /
Of the misdeeds that may demand retri- |
button. The more vigorously war is 1
pursued. the better it is for humanity /
Sharp wars are brief
A victorious army appropriates all l
public money, seizes all public move I
able property until further directed by 4
It's government and sequesters for its I
own benefit or that of its government !
all the revenues or real property be- /
longing to the hostile government or /
nation. The title TO such real property I
remains in allegiance during military 'oc- 4
and until the conquest is made I
complete. The United States acknowl- /
edges and protects in hostile countries 1
occupied by them religion and morality;
strictly private property. the persons
# the inhabitants and especially those
II women and the sacredness of do
nestle relations. I
DeserteTs from the American army
having entered the service of the enemy
suffer death if they fall in the hands of
he United States. 1t is against the
Usage OF modern war to resolve in
hatred and revenge to give no quarter.
)utposts or sentinels or nickets are not
o be fired upon except to drive them in
n when a positive order. special or
has been issued to that effect.
Intentionally afflicts addition
Il wounds on an enemy already wholly
disabled, or kills him. or orders that
his shall be done. shall suffer death if
convicted.
M. Faure On the War.
Paris Nav 9Q-M Eaura Of tba I'M