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inviolate. Hundreds of our army, and hundreds of thousands of
our people, are members of the Catholic Church.
We come
among the people of Mexico as friends and republican brethren, and
all who receive us as such shall be protected, whilst all who are
seduced into the army of your dictator shall be treated as enemies.
We shall want from you nothing but food for our army, and for this
you shall always be paid in cash the full value."

H. Ex. Doc. 119, 29 Cong. 2 sess. 14-17.

"33. It is no longer considered lawful-on the contrary, it is held to be a serious breach of the law of war-to force the subjects of the enemy into the service of the victorious government, except the latter should proclaim, after a fair and complete conquest of the hostile country or district, that it is resolved to keep the country, district, or place permanently as its own and make it a portion of its own country."

Instructions for the Government of Armies of the United States in the
Field, General Orders, No. 100, April 24, 1863, War of the Rebellion,
Official Records, series 3, III. 152.

"32. A victorious army, by the martial power inherent in the same, may suspend, change, or abolish, as far as the martial power extends, the relations which arise from the services due, according to the existing laws of the invaded country, from one citizen, subject, or native of the same to another.

"The commander of the Army must leave it to the ultimate treaty of peace to settle the permanency of this change."

Instructions for the Government of Armies of the United States in the
Field, General Orders, No. 100, April 24, 1863, ibid.

"37. The United States acknowledge and protect, in hostile countries occupied by them, religion and morality; strictly private property; the persons of the inhabitants, especially those of women; and the sacredness of domestic relations. Offenses to the contrary shall be rigorously punished.

"This rule does not interfere with the right of the victorious invader to tax the people or their property, to levy forced loans, to billet soldiers, or to appropriate property, especially houses, lands, boats or ships, and the churches, for temporary and military uses."

Instructions for the Government of Armies of the United States in the
Field, General Orders, No. 100, April 24, 1863, ibid.

"ARTICLE XLIV. Any compulsion of the population of occupied territory to take part in military operations against its own country is prohibited."

Convention respecting the Laws and Customs of War on Land, The Hague,
July 29, 1899, 32 Stat. II. 1821.

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“ARTICLE XLV. Any pressure on the population of occupied territory to take the oath to the hostile Power is prohibited."

Convention respecting the Laws and Customs of War on Land, The Hague,
July 29, 1899, 32 Stat. II. 1822.

"ARTICLE XLVI. Family honours and rights, individual lives and private property, as well as religious convictions and liberty, must be respected.

"Private property can not be confiscated.

“ARTICLE XLVII. Pillage is formally prohibited.”

Convention respecting the Laws and Customs of War on Land, The Hague,
July 29, 1899, ibid.

"ARTICLE L. No general penalty, pecuniary or otherwise, can be inflicted on the population on account of the acts of individuals for which it can not be regarded as collectively responsible.”

Convention respecting the Laws and Customs of War on Land, The Hague,
July 29, 1899, ibid.

Martial law-Military jurisdiction.

5. MARTIAL LAW.

§ 1147.

"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 or conquest.

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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 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 humanity-virtues 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 allowed-even 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. "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.

"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.

"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 cominander.

"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 courtsmartial; 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."

Instructions for the Government of Armies of the United States in the
Field, General Orders, No. 100, April 24, 1863, War of the Rebellion,
Official Records, series 3, III. 148, 149.

These instructions were, as announced in the order, "prepared by Francis
Lieber, LL. D., and revised by a board of officers, of which Major-
General E. A. Hitchcock is president."

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."

Instructions for the Government of Armies of the United States in the
Field, General Orders, No. 100, April 24, 1863, id. 149.

"9. The functions of ambassadors, 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."

Instructions for the Government of Armies of the United States in the
Field, General Orders, No. 100, April 24, 1863, id, 149.

"47. Crimes punishable by all penal codes, such as arson, murder, maiming, assaults, highway robbery, theft, burglary, fraud, forgery, and rape, if committed by an American soldier in a hostile country against its inhabitants, are not only punishable as at home, but in all cases in which death is not inflicted the severer punishment shall be preferred."

Instructions for the Government of Armies of the United States in the
Field, General Orders, No. 100, April 24, 1863, id. 153.

Martial law is the law of military necessity in the actual presence of war. It is administered by the general of the Army, and is under his supreme control.

United States v. Diekelman, 92 U. S. 520.

A merchant vessel of one country visiting, for the purpose of trade, a port of another where martial law has been established, under belligerent right, subjects herself to that law while she is in such port.

United States v. Diekelman, 92 U. S. 520.

See, to the same effect, Mr. Seward, Sec. of State, to Baron von Gerolt,
Prussian min., Oct. 11, 1862, MS. Notes to Prussian Leg. VII. 146.

6. LAW AS TO PUBLIC PROPERTY.

§ 1148.

"31. A victorious army appropriates all public money, seizes all public movable property until further direction by its government, and sequesters for its own benefit or of that of its government all the revenues of real property belonging to the hostile government or nation. The title to such real property remains in abeyance during military occupation, and until the conquest is made complete.”

"34. As a general rule, the property belonging to churches, to hospitals, or other establishments of an exclusively charitable character, to establishments of education, or foundations for the promotion of knowledge, whether public schools, universities, academies of learning or observatories, museums of the fine arts, or of a scientific character such property is not to be considered public property in the sense of paragraph 31; but it may be taxed or used when the public service may require it."

Instructions for the Government of Armies of the United States in the
Field, General Orders, No. 100, April 24, 1863, War of the Rebellion,
Official Records, series 3, III. 151.

“ARTICLE LIII. An army of occupation can only take possession of the cash, funds, and property liable to requisition belonging strictly to the State, depôts of arms, means of transport, stores and supplies, and, generally, all movable property of the State which may be used for military operations."

Convention respecting the Laws and Customs of War on Land, The Hague,
July 29, 1899, 32 Stat. II. 1823.

"ARTICLE LV. The occupying State shall only be regarded as administrator and usufructuary of the public buildings, real property, forests, and agricultural works belonging to the hostile State, and situated in the occupied country. It must protect the capital of these properties, and administer it according to the rules of usufruct.

"ARTICLE LVI. The property of the communes, that of religious, charitable, and educational institutions, and those of arts and science, even when State property, shall be treated as private property.

"All seizure of, and destruction, or intentional damage done to such institutions, to historical monuments, works of art or science, is prohibited, and should be made the subject of proceedings."

Convention respecting the Laws and Customs of War on Land, The Hague,
July 20, 1899, id. 1824.

January 23, 1899, the British banking firm of Smith, Bell & Co., whose principal place of business was at Manila, Philippine Islands,

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