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Foch, Marshal

107, 114, 123
Folsom, Captain.

64
Food.

.111, 196, 219, 234
Force, military

use of against insurgents. .189, 206
regular, employment of...

201
Foundries, destruction of..

43
Franco-Prussian War.

65, 66, 68
Fraternization..

.168, 182
French, Colonel

.191
Funston, General.

.195

G

Hancock, General.

191
Harding, President..

35, 199
Hawaii.

.203, 208
Hayes, President..

.191, 217
Headquarters
of different occupying forces in
Germany.

.105
General, American .110, 111, 115
Advance General.

..116, 117, 119
British General.

127
High Command
American.

116
Allied

108
Historical monuments..

43
Hoover, Mr. Herbert.

111
Horses
supplied farmers in Cuba.

96
Hospitals...

.43, 44, 100
Hostage.

52
Hostile
embargo..

13
occupation-
law of..

56
military government arises from 61
operations-

killing or disabling justified during 43
martial law situations during.... 233
Second Hague Conference re-
specting

271
by aircraft..

285
Hunt, Colonel.

116

..30, 39

.263

I

Gas, first attack by poisonous, during
World War.

45
General Headquarters (see Headquarters)
General Orders

No. 100, A.G.O., 1863
No. 101, A.G.O., 1898

90
No. 184, creating Division of Cuba.... 92
for movement of troops...

223
directing release from parole. 257
respecting violation of parole.

.258
directing taking of oath of allegiance 259
as to manner of receiving a flag of
truce..

.261
respecting wanton damage to prop-
erty.

.262
respecting other damage to military
property

262
against pillaging.

263
directing retaliation..
against fraternization, etc...

.303
ordering Organized Reserves to
active duty.

.315
announcing martial law.

.318
General staff (see Staff)
Geneva Conventions (see Conventions)
Government
early form of.

23
legal or legitimate..

57
provisional..

71
effect of change of..

80
transition to new, in Porto Rico. 88
reforms in Porto Rico..

77
reorganization in Cuba..

94
aid to Cuban farmers..

101
representative, versus dictatorship......103
adaptability of German system 107
by Commission in Germany. 124
changes of...

.138, 183
taking over after capture...

171
republican form of..

.204
right of self-defense inherent in
every...

206
local, commander not to administer 219
efforts to overthrow..

.184, 220
may protect own property.

229
in close proximity to active opera-
tions....

.231
central, of United States differs
from others..

.205, 235
Grant, General.

.31, 67
Greely, General.

.196
Grenades (see Hand Grenades)
Grotius.

.2, 28
Guarantee.

5
Guards..

.219
Guerillas.

44
Guiana.

84
Gustavus Adolphus...

36

Identification cards
regulations respecting.

...167
form of, for civilian employees.. .252

form of, for sanitary personnel.. ..253
Ignominý, unnecessary.

48
Imperfect rights..

13
Indemnity
holding property as..

53
principal, how usually provided
for.

.68, 178
India

6, 66, 70
Indians.

6
Industrial
situation in Germany.

.111
establishments, closing of..

.120
control..

.184
Influence

of allies upon our military government115
spheres of.

5
Information
which prisoners not compelled to
divulge..

49
circulation of false.

123
G-2 digest of.

145
furnished military commander. 227
source of President's..

.221
Inhabitants
compulsory employment of..

69
treatment of.

..70, 131, 132
foreign, pressure from..

85
German, attitude of...

.106
military government applies to all.. .135
Inhumanity

52
Injury
to life, person, or property.

43
unreasonable amount prohibited. 45
Institute of International Law... ..33, 36
Insurrection..

...42, 204, 215, 229
Internment.

51
International rights, conflict of..

11
International Law

definition...
object.
kinds
how ascertained and administered.
origin and nature....

H

Habeas corpus. 83, 200, 209, 210, 227, 236,

318
Hague Conventions (see Conventions)
Halleck, General..

..56, 64, 67

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41

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82

J
Jackson, General.

-235
Jamaica..

.235
Japan...

3,4
Jefferson, Thomas, Secretary of State.... 16
Juarists....

52
Jubilacion.

96
Jurisdiction, state court without... ..209
Justice,
administration of.

.135, 142, 157

as affecting intercourse between

enemies.
when they justify taking life.

43
"no quarter" is violation of.

48
each belligerent punishes violations of 52
holding property for violation of.. 53
as restricting exercise of military
government..

59
courts for trial of violations
of...

62, 135, 179
Appendix "A"

.249
League of Nations.

6, 8
Lee, Charles, Major General.

52
Legal enemy.

-.14, 42
Legal obligations, effect of war upon...... 14
Legislation
by military order.

.82, 133
errors of.
in Cuba.

95
Legislature

declaration of martial law by... 187.
conflict between governor and. .188

request by, for federal aid.. ..204, 215
Legitimate forces...

44
Levees en masse.

33
Liability

of governments to one another. 11
of enemy and neutral goods to
capture..

..29, 30
of military persons under civil law ....210
both civil and criminal may be in-
curred...

210
for excess of severity.

.213
Lieber, Professor Francis.

.30, 39
Limitation of armament, conference on

(see Armament)
Limited sovereignties..

5
Looting, orders respecting, in San
Francisco..

195
Louaillier, Louis..
Luxemburg
entry into

.112
proclamation to inhabitants of. 112

[blocks in formation]

236

M

L
Labor

difficulties, suppression of in Germany120
Laws

of the land superseded by laws of war.. 38
mental impression given by the word.. 39
changes in local..............61, 80, 133, 156
political......

62
promulgated by military orders.. 82
local, in Porto Rico.

79
which automatically become obsolete 80
requiring immediate amendment.. 80
modifications of, in Cuba...

95
Roman civil..

.126
common..

.126
must remain inviolate until amended
properly....

184
President's Constitutional power
respecting..

204
status respecting liability of mili-
tary personnel.

213
federal and State (see Statutes)

changes of, in martial law situations..242
Laws of war
early rules.

25
influence of Christianity and
chivalry upon...

27
changes in, from medieval to
modern times..

27
of British during Revolutionary War 28
effect of Napoleonic Wars upon... 29
last great effort to codify....

35
commission of jurists to amend....35, 281
present situation respecting..

36
trend of..

36
their influence on the conduct of war 36
their position in the realm of law.. 37
distinguished from municipal law. 37
a subdivision of international law 37
definition of..

38
distinguished from military law
proper..

38
term a misnomer.

39
why a sovereign state lives up to...
where they may be found.
topical subdivision of..

40
as to our own people......

40

205

Machiavelli, doctrine announced by.. 28
Mandate...

6
Mandatories.

6
Manual of Oxford.

33
Maritime hostilities..

29
Marshal, United States....

.225
Martial Law

as subdivision of Laws of War.. 40
as distinguished from military

government........55, 231, 233, 234, 245
declared by a legislature.....

.187
distinguished from ordinary
situations.....

.222, 233
is frequently declared by States. ,205
federal, is seldom declared.
proclamation under R. S. 5300 is
not declaration of..

205
definition.......

.230
general use of the term....

.230
meaning of...

.231
necessity for considering.

.232
occasion for exercise of...

.233
as exercised by the British..

.234
limitations upon exercise of...

234
as declared by General Jackson. 235
as declared by General Scott... .237
as declared by President.

.238
declaration of, necessary from prac-
tical standpoint..

232
principles governing exercise of..234, 237
confined to locality of actual war. ...234
English authorities differ as to
nature of....

235
duration of..

.237

39
39

Page
necessity:
law of..

.28, 202
limits detention of certain persons.. 49
is measure of authority...

.200
occupation (see Occupation, military):
police (see Police)
Militia.

.44, 187, 191, 202, 216
Mills, destruction of..

43
Mines...

.161, 276
Mission, accomplishment of
not to be jeopardized...

.209
commander may do whatever neces-
sary toward...

.219, 234
Money.

49
Moore, Professor John Bassett..

92
Moral effect of presence of

troops.... .189, 192, 206, 226, 228
Movement of troops (see Troops)
Municipalities

as foundation of military government 95
attempted reduction of in Cuba.. .101

N

15
15

Page
Martial Law- continued
situations, employment of federal
troops in.....

239
courts.

.244
plan of commander for exercising. -244
form for declaration of..

.317
announced by order...

:..318
Mason, Colonel.

64
Mauritius....

84
Maximilian.

52
Mayence...

.106
Means for modifying government
lawful and proper.

.183
use of illegal..

.184
Mediation.

12
Medical
officers.

-43, 49
personnel.

.278
material...

.278
Merchant ships
how affected by war...

15
use of submarines against...

47
proposed regulations respecting. ..160
Merritt, General.

.92, 267
Mexican War.

51, 67, 71
Miles, General.

78
Military commissions. .63, 135, 296
Military Government

governed by laws of war.
as subdivision of laws of war.
definition.
distinguished from martial
law.

5555

Napoleonic Wars, effect of on laws of
war..

29
National Guard..195, 196, 197, 201, 314, 315
Necessity

military (see Military necessity)
law of.....

..202, 231, 241
does not justify summary trial of
civilians.

.243
Neutral goods.

30
Neutrality

is a recent growth..
status is involuntary today.
when it becomes operative..

15
declaration of necessary....

15
Neutrals
occupations of.

16
rights and duties of...

.274
duties of belligerents toward.

289
New Mexico..

.19, 71, 75, 84, 216
New Zealand.

6
Nicholas II, of Russia.

35
Nomadic tribes..

22
Non-combatants.
Non-intercourse

rule of..
exceptions to rule of...
bringing about state of..

.207
No quarter.

48

ప్రN - 888 వారాలు కట్టు

43, 49

.14, 41

42

.55, 231, 233, 234, 245
subjects of...
occasion for.
field of...

55
sources of information on....
development of..
as an exercise of sovereignty.
by whom exercised.
must be subordinate to military

success.....
how proclaimed.
duration of..
wholly supersedes pre-existing

government..
paying cost of.
provisional government usually is...
exercise of, by foreign governments

upon our soil.
analysis of our experiences....
typical situations.
probable future situations.
in Porto Rico.
in Cuba.

89
in Germany

.105
exercised concurrently,

.106
German governmental system
adaptable to

.107
not really exercised in Luxemburg. .112
influenced by Allies....

.115
organization in Germany.

.116
systems, comparison of..

.125
fundamental principles of...

.127
establishment and administration of..136
rigid, enforcement of is burdensome ..141
illustrative problem in....

.143
modifications proposed...

.173
discussion of illustrative problem. 174
development.

.175
early activities of G-1 respecting.. ..175
method of raising funds for..

..178
called "martial law" by British. .230
Appendix "B".

293
Governor:
legislation by.

.75, 133
ratification of acts of, by Congress.. .76
guide for, in Porto Rico

77
aid given Cuban people by. 101
use of title by British..

.129
one of important aims should be....141

.135
.211, 212

...179

0
Oath
of allegiance, form of.

.259
of obligation not to bear arms,
form of..

259
Obedience

owed by inhabitants.

to orders.
Occupation, military.

.8, 18, 91
Offenses...
Officer in Charge of Civil

Affairs...
Officers

..110, 116, 130, 178
military, appointment as civil
officials..

64, 73
attitude of military in dealing with

civil.
liaison.

.227
Offices,
destruction of.....

43
Officials
appointment of..63, 76, 88, 94, 134, 138,

156, 219
of railways, canals, etc.

70
retention of, in Cuba...

94
German..

.107, 114, 123, 125

.114

Page
Officials—continued
in Porto Rico......

76
utilization of local highway.

.159
recalcitrant local civil..

.220
assistance to civil......206, 214, 221, 239
employment of, in martial law situa-
tions.

242
Orders

general (see General Orders)
failure to obey, etc...

170
legislation by military (see Legislation)
issuance recommended respecting
fraternization..

.182
obedience required to lawful.. .211
distinction between legal and illegal ..211
summary of situation respecting
obedience to...

213
sending troops prior to receipt of... .215
of President required..

.215, 222
emanating from Presi-
dent..

,217, 224, 312, 316
to and from commanders (see

Commanders)
form of, directing release from parole..257
respecting violation of parole......

.258
form of, constituting parole board..

..258
to send prisoners of war under flag
of truce...

.260
publishing supplemental regulations ..294
establishing military tribunals.

.295
No. 1, issued in Germany

.305
revision of, in Germany...

.307
Organization

of military government in Porto Rico 86
staff, in Cuba..
governmental, in Cuba..

94
military, in Cuba..

.100
High Command, as to Germany.
American, in Germany...

.116
of Advance General Headquarters ......117
territorial, for military government....132
importance of....

.136
staff, for military govern-
ment....

142, 154, 175
Organized Reserves...

.201, 315
Ottoman Empire.....

5

94

.108

Page
Pillage

when usual component of war.. 25
decline of...

28
order against..

.263
Piracy....

27
Plan

of new government in Porto Rico 77
governmental, in Cuba..

97
of military government in Germany..116
of commander for military govern-
ment...

.137, 149
for suppression of disorders.... .219
preparation of, for exercising
martial law....

.241
of commander for exercising martial
law

.244
Plenipotentiaries.

.178
Poison or poisoned weapons.

45
Police
regulations..

70
force, reduction of, in Cuba... .101
of Rhine.

.110
local.

.170, 196
military.

.171
Policy
of United States respecting in-
surrectionists..

.20, 220
little time for formulation of. .115
of American forces on economic
matters...

.120
general, as to military govern-
ment.

.131, 137
conflicts of

..140
Political
factors.

.137, 145
machinery, control of.

184
boundaries.

.248
Pope
the.

8
General..

.218
Ports
captains of.

99
chosen for delivery of American
supplies on Rhine..

.121
proposed regulations respecting. ....161
Posse comitatus

use of troops as, in San Francisco......197
act....

..203, 207
defined...

203
Postal service..

.99, 193
Powers
of Officer in Charge of Civil Affairs
in Germany..

116
Allied and Associated (see Allies)
of Officer in Charge of Civil Affairs,
Third Army.

.118
to approve findings, etc., of military
tribunals.

119
subordination of federal military to
civil......

.196
delegated to central government. .206
retained by the States..

..206
President
authorized to license trade..

42
duty to carry on war.....

58
established customs service in Cuba.. 99
called upon for aid..

.186, 214
proclamations by (see Proclamations)
Constitutional military powers of.......204
use of military forces by,
authorized

205
instructions of.

.206, 293
orders of (see Orders)
judgment and discretion of (see

Discretion)
source of information of...

221
warning letter or telegram of, to
Governors.

313
call of National Guard into federal
service by......

314
Prices, discrimination in.

..162

P
Pacific blockade..

13
Packenham, General

.236
Panama.

136
Pardons..

96
Parole...

.48, 50, 51, 255, 258
Partnerships, effect of war upon.. 14
Passes
viseing of.

71
regulations respecting....

.168
form of, correspondents..

.251
form of, for paroled prisoners of war..257
Passports
examination of..

71
form of...

251
Patriarchal governments..

22
Patrol
river.

.110
work in San Francisco..

.195
Peace
permanence of..

.132
treaties of (see Treaty)
Perfect rights.....

13
Pershing, General.

..110, 112, 115
Personal effects of prisoners of war........ 49
Personnel
employment of foreign..

84
medical.

278
Philippines..

.56, 60, 72, 203, 208
Photographs.

.123
Pierce, President

5, 188
Pigeons....

...160

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Priests...

49
Principles
governing the conduct of war..

42
respecting internal qualifications of
à state....

4
respecting poison, etc..,

45
respecting injury to private property 43
that people make their own laws.. 77
fundamental, announced in Germany 116
application of, compared..

.129
recapitualtion of important points
and...

.131
governing employment of federal
troops....

.201
governing martial law..

.233, 237
Prisoners of war..... ..43, 52, 257, 260, 269
Privateering...

29
Private

property (see Property)

rights (see Rights)
Prize court

established at Sasebo..
Proclamation
as to Porto Rico.

78
of General Brooke in Cuba.

93
of Marshal Foch as to occupied
Germany....

107
to people of Luxemburg..

.112
of General Pershing as to occupied
Germany.

113
necessary from practical standpoint ..132
points to be covered by.

.138
proposed, for military government.....155
not released as to Dorr's Rebellion ....187
issued as to Kansas.

189
in connection with labor strikes of
1877..

190
in connection with Chicago strike
of 1894...

194
use of troops prior to issuance of.. ..194
joint civil and military.
as to West Virginia, 1921.

..199
required by R. S. 5300.. .205, 215, 217
second, when required..

207
in case of New Mexico, 1877.. ..217
effect of...

218
not a declaration of martial law. .218
in case of aid to federal civil
authorities..

.194, 217
in case of aid to State civil
authorities..

225
calling National Guard into federal
service....

314
under R. S. 5301, form for.

.316
suspending privilege of writ of

318
Promises, to inhabitants to occupied

territory..
Propaganda

.106, 140
Property
taking, damage, or destruction
of

.40, 43, 262
private, ordinarily paid for. .41, 134
prosecution of claims respecting. 41
principle respecting injury to.

43
of prisoners of war remains theirs. 49
holding of, for violation of laws of war 53
protection of...

..193, 207
Protection

of property (see Property)
to civil authorities..

20
Protectorate..

5
Provisional government.

71
Provost Courts (see Courts)
Publications
control of...

71
Public
funds.

49
institutions.

43
opinion
international

47

197

R
Radicalism
historical and legal aspects..

.183
Radio..

.159, 281
Railways. .70, 120, 159, 190, 193, 276
Rank..

50
Rations (see also Food).

.171, 175
Ravage...

28
Rebellion, the Dorr....

.185
Recapture of prisoners of war.

50
Receipt for supplies, form of.

.301
Recognition
of sovereignty.

9
of belligerency.

9
withdrawal of.

10
as part of armed forces....

44
Red Cross

Convention (see Conventions)
brassard.

47
Redress, forcible measures of..

11
Reeder, Governor..

.188
Refuge, by prisoners in neutral
territory.

51
Regular Army.

250
Regulating station...

.159
Regulations

memorandum No 4, Third Army. .113
burden of drafting...

.116
Order No. 1, Advance General
Headquarters.

.116
prescribed by Marshal Foch

.123
supplemental.

.139, 156, 294
Army, respecting domestic dis-
turbances.

.203, 227
respecting obedience to orders...... 211
Relationship
between civil and military ad-

ministrations.. ..138, 142, 149, 176
between civil and military officials.....176
between staff sections...

.176
Relief measures.

.197
Religion.

.70, 79
Reports.

166
Reprisal.

..12, 27, 53
Republican form of government
guaranteed to every State.

204
defined..

.204
Requisitions. .33, 65, 70, 134, 161, 164
Restrictions
upon local traders.

70
respecting passengers.

71
against carrying concealed weapons .. 71
prescribed by Marshal Foch

.123
general, for military government..139, 140
relaxation of.

141, 196
strict, difficult to enforce.

.140
Retaliation..

..12, 30, 39, 48, 52, 263
Retorsion.

12
Return, to writ of habeas corpus....200, 209
Revenues, public.

162
Revised statutes (see Statutes)
Revocation of parole, form for

257
Revolutionary War..

habeas corpus;

.132

28

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