The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-15
LAW AND USAGE OF WAR
The Provisions of DR.. Lieber's General Orders
One Hundred.

.t,rt general orders 100 some Of it
,,fsa and much of 1T foolish for all
.t..,rr this celebrated order has been
.'.gTtaI as sound International law for
more fhau a generation and has been
.r. sel,nuuI edged rule Of conduct FOR
.I, armies off the civilized nations of
,Ec world. the conditions under which
s. came into being have so long been
matters merely of reminiscence I'm the
r-raaT States that most men either
never knew or have forgotten about it.
Tho recent military operations i'm
some parts of the Philippines have
served tu bring back to general attcn-
zion .Ii- famous order, or perhaps it
should Doe said that the criticisms of
recent operations and recent disCl0s-
rrrs about operations not so recent
have recalled general orders 100 to the
publ. notice.
The civil war called into the field on
rr.a sides So many IMMERSED in the
science and rules of warfare. especially
rr .ra Union armies. that there result
Cd I'm .ua first two years of lighting
some very curious and contradictory
decisions and rulings on questions of
International law. In 1853 this state of
affairs having resulted sometimes iu
.|Hh Hr tnN-i HNfAA 'fA ~ 't tNtfattttfAh
asked Francis Liebcr then professor OF
history and rolitical economy in CO.
nmIfa college. TO prepare Il code Of
Instructions Tor the government of ar
mics BOZ the field.
Professor Lieber drew up set Of
rules which was submitted to a board
of army officers and approved. It was
then published 90 the entire army as
general orders 100 by the adjutant gen
erals office. and from that day 70 this
has been the rule of conduct for our
army.
More than that. it has been accepted
br the modern authorities as the sub
stanGal basis of the present works
uuur the subject BlUntsChli. one or
the most celebrated writer's upon the
usage of war. made this order the basis
of his elaborate work.
ID would require more than a page.
saws the New York SUM- TO give this
order I'm fuI but it's more salient
points. especially those invoked by our
commanders I'm the Philippines, can. be
reviewed iu much less space.
Martial law. says Professor Lieber is
tar immediate and direct effect and
consequence of occupation or conquest
IL consists in the suspension of the
criminal and civil law and the substi-
tuition of military rule and force for it.
The presence of a hostile army pro-
claims it's martial law. Its most COM
uIete sway is allowed when face to
face with the enemy. Tt extends to
property and to persons.
The law Of war disclaims all cruelty.
AN ext0rti0ns or other acts for individ
usI gain. AN acts of private revenge or
c1nniyauce at such acts. Military ne
eessitv is the necessity for those meas
gres which are indispensable for seCur-
ms the ends of the war and which are
lawful according to the modern usages
OF war;
To admits Of an direct destruction OF
Htr or limb of armed enemies and of
other persons whose destruction is incl
dan,aIIy unavoidable I'm the armed con-
tests of the war: DC allows the capture
Of every armed enemy and of every
enemy Of Importance TO the hostile gov
eminent or of peculiar danger to the
capt0r. it allows all destruction of
property ana Withholding Of sustenance
0r means of life from the enemy: the
appropriation of whatever the country
affords for the subsistence or safety of
J1e army and permits such deception
as does not involve the breaking OF
good faith
% does not admit of cruelty or of tor
tUra t1 eNtprt confessions. or the wan
tar devastation of a district. 1t dis
claims acts 0fperfidy.
It is lawful to stGrve the hostile bel
Igereut armed or unarmed. The citi-
zeH 0r native of "a hostile country is an
enemy and is subject 10 the h8rdships
0f war
The Laws of war can no more dispense
With retaliation than can the law of
nations. A reckless enemy often leaves
to his opponent no other means Of
securing himself against the repetition
Cd. Harb3rous outrage.
To must mcver be resOrted 90 as
means of mere revenge, but only as a
means of protective retribution, and,
moreover cautiously and UuavOidably.
no conventional restriction of the
modes adopted to injure the enemy is
any longer admitted, but the law Of
war imposes many restrictions and
limitations ON principles of justice,
iat1 and honor. There exists no law.
'r body of authoritative rules of aC-
Ton between hostile armies except that .
branch of the Jaw OF nations which is
called the law and usage of war ON
land.
The United States Acknowledges and /
Projects bon hostile countries occupied by
D. religion and morality. strictly pri-
.aie property. the persons of the in
-+H'Iani-. especially of women. aud
NE saergduess of domestic relations.
Private property. unless forfeited by
crimes ~ oGenses of the owner. can (
'e seized only by way of military ne
ass.rr.
AID vautou violence committed .
against persons i'm the invaded COun-
n.y. al. destruction of property not .
.THaH5sd by the authorized officer, /
=. robbery 8I pjllage or sacking. even /
-..' taking place by main force; an /
'i.. ""l1tug, manning or killing of .
... inhabitants. are prohibited under /.
.. penalty of death, or such other [
.'.. punishment as may seem ade- /
..... ..r be- gravity Of the offense. a +
..... oliver or private. I'm the act I
conn" ting such violence. and dis /
..-E.n- d superior ordering him to alb T
"a.. r"w DO may be lawfully killed I
.- .." spot uy such superior.
..".s punishable by all penal codes, /
.. as arson. murder. manning. as
-.s highway robbery. theft. bur
-...... ..a.1, forgery and rape IL com +
....t by am American soldier I'm a +
-.s..D country against its inhabitants, T,
''. only punishable as at home. I
p. # cases In which death is not 4
..... The >everer punishment shall /
preferred
prisoner of war Is a public enemy /
armed Hr attached To the hostile army
active aid who has fallen into the {
..'@ OBJ. Che gdptOr. and as such Is exc 4
~. .' the inconvenience as we'll as I
-.- .o The privileges Of a prisoner /
e.- Citizens who accompany an 4
Tor whatever purpose may be /
prisoners Of war.
me people of an invaded country I
under 20 duly authorized levy~en t
81" resist invasion. they are now 4
$500. H captured, as prisoners OF /
ana a0 belliEcrent has the right 4