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(4) Control through a territorial organization conforming to the political subdivisions of the occupied area.

(5) Assignment of adequate personnel to perform the duties connected with the military government.

h. The great dignity with which the British military governor surrounded his administration made a very favorable impression upon the inhabitants. The philosophy of the magnanimity of the victor was demonstrated by the fairness and liberality, yet firmness, with which the German people were treated.

i. The British system did not have many weak features. A mistake appears to have been made in designating the chief civil administrator, instead of the army commander, as "Military Governor." This caused some confusion, in that the Germans, and even many of the British themselves, could never quite understand why the person who was called the military governor was not the supreme authority in occupied territory.

j. The major weakness of the British system seems to have been that the principle of making military commands co-extensive with the political subdivisions of the occupied territory was carried out to the extent of subordinating tactical considerations to the necessities of civil administration. This was a serious defect, for military government is a means, not an end, and tactical requirements should remain supreme throughout. The better way would seem to be to distribute the command according to correct tactical principles, and then assign permanent civil administrators or commandants where necessary, according to the political organization of the occupied territory, these civil administrators automatically to become staff officers of the commander whose unit occupies the area.

84. APPLICATION OF CERTAIN PRINCIPLES COMPARED.a. Undivided and centralized control.

American: Military and civil authority not both exercised by the commanding general of the Third Army until after General Headquarters was abolished.

British Undivided control and army commander supreme, but confusion caused by designation of a subordinate as "Military Governor."

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French: Undivided control and army commander su

preme.

b. Separate staff section for civil administration.

American: The duties were assigned to an "Officer in Charge of Civil Affairs" but his powers and his relation to the general staff were never defined. This officer was at first designated by General Headquarters as "Deputy Chief of Staff for Civil Affairs," but this designation was later revoked.

British: Separate staff department for civil affairs (C), coordinate with general staff (G), supply (Q), and administration (A).

French: Separate general staff section for civil affairs. c. Civil administrators of lower political subdivisions serving on staffs of corresponding military commanders.

American: Detailed on corps and division staffs, and on brigade staffs where required.

British: Same.

French: Civil administrators wholly independent of tactical commanders of units subordinate to the army.

d. Civil administrators selected for special qualifications; adequacy of personnel for work required.

American: In principle selected for special qualifications; in practice this was not always possible. Personnel at times inadequate.

British Specially selected; probably more than ade

quate.

French: Specially selected; inadequate.

e. Civil administration corresponding to political subdivisions of the occupied territory.

American: Unnecessarily confused with tactical requirements at first; later made to correspond with territorial requirements.

British: Tactical requirements erroneously subordinated to necessity of territorial organization for civil administration.

French: Tactical requirements wholly unhampered by territorial organization for civil administration.

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85. AUTHORITY AND GENERAL POLICY.-a. The authority for administering a military government is established by the fact of occupation. This does not mean that the country must be actually conquered.

b. Having overthrown the existing government and deprived the people of the protection that the government afforded, it becomes the duty of the invader to give them a government adequate to the protection of their personal and property rights.

c. It is decidedly to the military advantage of the invader to establish a strong and just government such as will preserve order and the public safety and, at the same time, pacify the inhabitants as far as possible.

d. In principle, the occupied territory should be administered as far as practicable without oppression of the inhabitants, and as if the district were a part of the invader's own country.

e. While a liberal policy should be pursued towards the inhabitants and they should be allowed great latitude in their public and private affairs, these considerations are necessarily subordinate to the needs and efficiency of the military service.

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f. The military government should be so administered that upon conclusion of the occupation the inhabitants may be able to return to or set in motion, without undue strain, the machinery of their own laws and institutions.

g. The permanence of peace will depend in a large degree upon the magnanimity of the victor.

h. History will judge an occupying army and the country it represents by the character and measure of its success in administering the occupied territory.

86. CONTROL.-a. The army commander should be the supreme authority in the occupied area.

b. A proclamation, though not necessary from a legal standpoint to establish a military government, is essential from a practical standpoint for the purpose of apprising all concerned of the fact of the military government and the course of conduct that is expected. The practice in this country is to make known by proclamation the fact of military occupation and the extent of territory affected by it. (See par. 292, Rules of Land Warfare.)

c. Supplemental regulations covering restrictions and detailed instructions to the inhabitants should always be prepared and ready for issue contemporaneously with the proclamation or very soon thereafter.

d. It is best to make few promises or agreements concerning the future. The military government will thus be left unhampered in dealing with conditions as they arise during the occupation.

e. Civil control should be exercised through a territorial organization conforming to the political subdivisions of the occupied territory.

f. The greatest efficiency of government will be acquired by centralization of policy and decentralization of execution.

g. The respect of the people for the authority of the army must be gained. Issuing an order today and revoking it tomorrow causes loss of respect.

87. TREATMENT OF INHABITANTS.-a. No opportunity should be neglected to make it appear that the wishes of the

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inhabitants are being considered and granted to the fullest extent possible under the circumstances.

b. It often impresses the inhabitants most favorably to surround the military government with considerable dignity.

c. The treatment of the inhabitants of the occupied territory should be characterized by consideration shown for their domestic affairs, especially their family relations and the exercise of their religion.

d. The people may not be compelled to take part in military operations against their own country, but they may, if deemed expedient, be allowed to do so of their own free will.

e. Autonomy should not be granted to municipalities too soon. Pressure in this direction will almost invariably be exerted in cases where the occupied territory is to be annexed or given its independence, and should be resisted.

88. LEGISLATION.-a. In legislating for conquered foreign territory, a military governor may, in his discretion, disregard the prior laws of that country, but in legislating for conquered home territory, he may not be wholly above the laws of his own land. (See Chap. III, Sec. I, par. 2 c.)

b. The extent to which the invader should leave the local laws and ordinances in force will, in general, depend mainly upon the previous political relations of the inhabitants and their officials, and upon the ability of the latter to preserve order and maintain justice under those laws.

c. Il considered or wholesale changes in local laws should not be made. If annexation of the occupied territory is contemplated, the necessary changes should, in general, be in the direction of the laws and governmental system of the invader's own country; if the territory is to be given its independence, the changes should, in general, lie in the direction of the laws and governmental system which the people will want as their own; if the territory is to be returned to its former possessor, few changes should be made.

89. LOCAL OFFICIALS.-a. Natives should be appointed to or retained in civil official positions to the fullest extent

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