and Mexico, rules governing commissioners under the treaty between. 366 entitled to indemnification from Great Britain... 223 not liable to rebellious States for damages. 232 death the penalty of forcing a safeguard of the. 262 claims for property wrongfully destroyed by the forces of the. 278 370 United States of Colombia, cost of settling claims against the. all citizens may prosecute claims against. certain aliens may prosecute claims against. law of, relative to claims against- extracts from the fiscal code of 1873. 2 102 103 103 104 judicial code of 1872-witnesses. adicional i reformatoria del código judicial de la union. atribuciones de los consejos de guerra.. 104 108 109 procedimiento para declarar que se ha perdido o recobrado el carácter citizens of United States did not recover for losses in bombardment of... no liability of government to compensate for property taken or de- the exercises of the rights of eminent domain. 267,283 293 on the liability of government for property destroyed by the army to de- ceive the enemy Venezuela, expenses of carrying into effect convention with.. mode of procedure in claims against.. citizens and aliens have same rights in courts of. Page. 284 288 294 2 118 119 120 70 Ver Walter, I. and R...... Vessels, Government, as a gratuity, pays for vessels of loyal citizens seized in rebel Veto messages of the President, June 1, 1872, case of J. Milton Best... 236 210, 211, 281, 296, 297, 298 June 7, 1872, case of Thomas B. Wallace. 211, 296 January 80, 1873, case of East Tennessee University. 258, 296 February 12, 1873, case of Kentucky salt-works.. .211, 283, 297 284 proceedings of Congress on Vick, Hartwell. vote of the people of, on secession.. amount of claims presented from, and allowed.. date of secession of. population of, at the time of seceding. interest ou advances allowed to.. W. mode of settlement for occupation of real estate during the.. 228 219 306 296 4 7 207 217 243 246 248 268 War-Continued. nation not liable to indemnify citizens for losses during. temporary occupation of, injuries to, or destruction of property while repelling or advancing to meet an enemy in... rights of Government to use, occupy, or destroy property in time of.. Page. 273 276-281 280 208 210 211 216 217 232 255 257 260 17, 20 20 25 298 298, 299 207 247 246, 250 249 263 APPENDIX. House Executive Document No. 100. Forty-third Congress, first session. GOVERNMENT OF UNITED STATES ARMIES IN THE field. Letter from the Secretary of War, relative to “ Instructions for the Government of Armies of the United States in the Field.” January 29, 1874.-Referred to the Committee on War-Claims, and ordered to be printed. WAR DEPARTMENT, January 24, 1874. The Secretary of War has the honor to transmit to the House of Representatives, for the information of the Committee on War-Claims, in reply to letter of said committee (by its clerk) of the 19th instant, a copy of General Orders No. 100, dated April 24, 1863, from this Department, publishing "Instructions for the Government of Armies of the United States in the Field," prepared by Francis Leiber, LL. D., and revised by a board of officers, of which Maj. Gen. E. A. Hitchcock was president. The suggestions regarding the same, desired by the committee, will be submitted in a future communication, the matter being now under consideration. WM. W. BELKNAP, [General Orders No. 100.1 Secretary of War. WAR DEPARTMENT, The following "Instructions for the Government of Armies of the United States in the Field," prepared by Francis Lieber, LL. D., and revised by a board of officers, of which Maj. Gen. E. A. Hitchcock is president, having been approved by the President of the United States, he commands that they be published for the information of all concerned. By order of the Secretary of War. E. D. TOWNSEND, Assistant Adjutant-General. INSTRUCTIONS FOR THE GOVERNMENT OF ARMIES OF THE UNITED STATES IN THE FIELD. SECTION I. Martial law— Military jurisdiction-Military necessities—Retaliation, 1. A place, district, or country occupied by an enemy stands, in consequence of the occupation, under the martial law of the invading or occupying army, whether any proclamation declaring martial law, or any public warning to the inhabitants, has been issued or not. Martial law is the immediate and direct effect and consequence of occupation and conquest. The presence of a hostile army proclaims its martial law. 2. Martial law does not cease during the hostile occupation, except by special proclamation, ordered by the commander-in-chief; or by special mention in the treaty of peace concluding the war, when the occupation of a place or territory continues beyond the conclusion of peace as one of the conditions of the same. 3. Martial law in a hostile country consists in the suspension, by the occupying military authority, of the criminal and civil law, and of the domestic administration and government in the occupied place or territory, and in the substitution of military rule and force for the H. Rep. 134—————28 same, as well as in the dictation of general laws, as far as military necessity requires this suspension, substitution, or dictation. The commander of the forces may proclaim that the administration of all civil and penal law shall continue, either wholly or in part, as in times of peace, unless otherwise ordered by the military authority. 4. Martial law is simply military authority exercised in accordance with the laws and usages of war. Military oppression is not martial law; it is the abuse of the power which that law confers. As martial law is executed by military force, it is incumbent upon those who administer it to be strictly guided by the principles of justice, honor, and humanityvirtues adorning a soldier even more than other men, for the very reason that he possesses the power of his arms against the unarmed. 5. Martial law should be less stringent in places and countries fully occupied and fairly conquered. Much greater severity may be exercised in places or regions where actual hostilities exist, or are expected and must be prepared for. Its most complete sway is allowedeven in the commander's own country-when face to face with the enemy, because of the absolute necessities of the case, and of the paramount duty to defend the country against invasion. To save the country is paramount to all other considerations. 6. All civil and penal law shall continue to take its usual course in the enemy's places and territories under martial law, unless interrupted or stopped by order of the occupying military power; but all the functions of the hostile government-legislative, executive, or administrative-whether of a general, provincial, or local character, cease under martial law, or continue only with the sanction, or, if deemed necessary, the participation of the occupier or invader. 7. Martial law extends to property, and to persons, whether they are subjects of the enemy or aliens to that government. 8. Consuls, among American and European nations, are not diplomatic agents. Nevertheless, their offices and persons will be subjected to martial law in cases of urgent necessity only their property and business are not exempted. Any delinquency they commit against the established military rule may be punished as in the case of any other inhabitant, and such punishment furnishes no reasonable ground for international complaint. 9. The functions of embassadors, ministers, or other diplomatic agents, accredited by neutral powers to the hostile government cease, so far as regards the displaced government; but the conquering or occupying power usually recognizes them as temporarily accredited to itself. 10. Martial law affects chiefly the police and collection of public revenue and taxes, whether imposed by the expelled government or by the invader, and refers mainly to the support and efficiency of the army, its safety, and the safety of its operations. 11. The law of war does not only disclaim all cruelty and bad faith concerning engagements concluded with the enemy during the war, but also the breaking of stipulations solemnly contracted by the belligerents in time of peace, and avowedly intended to remain in force in case of war between the contracting powers. It disclaims all extortions and other transactions for individual gain; all acts of private revenge, or connivance at such acts. Offenses to the contrary shall be severely punished, and especially so if committed by officers. 12. Whenever feasible, martial law is carried out in cases of individual offenders by military courts; but sentences of death shall be executed only with the approval of the chief executive, provided the urgency of the case does not require a speedier execution, and then only with the approval of the chief commander. 13. Military jurisdiction is of two kinds: First, that which is conferred and defined by statute; second, that which is derived from the common law of war. Military offenses under the statute law must be tried in the manner therein directed; but military offenses which do not come within the statute must be tried and punished under the common law of war. The character of the courts which exercise these jurisdictions depends upon the local laws of each particular country. In the armies of the United States the first is exercised by courts-martial; while cases which do not come within the "Rules and Articles of War," or the jurisdiction conferred by statute on courts-martial, are tried by military commissions. 14. Military necessity, as understood by modern civilized nations, consists in the necessity of those measures which are indispensable for securing the ends of the war, and which are lawful according to the modern law and usages of war. 15. Military necessity admits of all direct destruction of life or limb of armed enemies, and of other persons whose destruction is incidentally unavoidable in the armed contests of the war; it allows of the capturing of every armed enemy, and every enemy of importance to the hostile government, or of peculiar danger to the captor; it allows of all destruction of property and obstruction of the ways and channels of traffic, travel, or communication, and of all withholding of sustenance or means of life from the enemy; of the appropriation of whatever an enemy's country affords necessary for the subsistence and safety of the army, and of such deception as does not involve the breaking of good faith, either positively pledged, |