Military Aid to the Civil Power - United States. General Service Schools, Fort Leavenworth - Google Books

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The Laws of War

SECTION I-Origin and development

Patriarchal governments-Nomadic tribes-The stabilizing

influence of agriculture-The growth of cities-The de-

velopment of commerce-The whole world as one state

-War's part in the evolution-Early rules governing

warfare The beginning of the laws of war proper-

The period of abasement-The influence of Christian-

ity and chivalry-Change from medieval to modern times

-Birth of doctrine of military necessity-The decline of

pillage Views of the Revolutionary War period-Modifi-

cation of the doctrine of conquest-The Declaration of

Paris, 1856-General Order No. 100, 1863-Contribution

of our Civil War period-The early Geneva Conventions

-The Declaration of St. Petersburg, 1868-The Brus-

sels Conference of 1874-The Institute of International

Law, 1880-The Hague Conference of 1899-The Geneva

Convention of 1906-The Second Hague Peace Confer-

ence, 1907-Conference on Limitation of Armament,

1921-Present situation respecting the laws of war—

Trend and possible development.

SECTION II.-General survey of the modern laws of war.

Position in the realm of law-Definition-Distinguishing

characteristics-Where the laws of war may be found

-Topical subdivisions.

SECTION III.-Laws of war as affecting the rights of our own

The taking or destruction of private property-Arrest and

SECTION IV.-Laws of war as affecting intercourse between

Rule of non-intercourse-Exceptions to the above rule.

SECTION V.-General principles governing the conduct of war__ 42

War waged against the state and not against individuals

-Operations of war carried on by legitimate forces of

the state-Authorized weapons and means of warfare

-Truces and conventions-Treatment of prisoners of

War-Punishment of persons guilty of violation of the

Military Government

SECTION I.-General survey

What military government is-Exercise of military govern-

ment Relation to municipal laws-Requisitions Contri-

butions-Use of public buildings-Relations with inhabi-

tants-Regulation of elections-Control of publications

-Provisional government-American experiences-Prob-

able future situations.

SECTION II.-Military government in Porto Rico

The problem in general-Division into periods-How the

periods differed in character-Legal aspect of the third

period-Reason for ratification by Congress-Govern-

mental reforms-Plan of the new government-Initial

proclamation and supplemental orders-Local conditions

-The judicial situation-Laws which automatically be

came obsolete Laws which required immediate amend-

ment Other legislation-Legislative errors-Dangers to

be_guarded against-Military government organization

-Transition to the new civil government.

SECTION III.-Military government in Cuba

The Cuban problem-Division into periods-General Orders

No. 101, A.G.O., 1898—Arrival of General Brooke-Gen-

eral Brooke's proclamation-Staff organization-Govern-

mental reorganization-Retention of civil officials-Mu-

nicipalities-Laws Agriculture, commerce, industries,

and public works-Taxes-View of General Brooke as to

governmental plan-View of the new military governor

-Governmental organization and operation-Military or-

ganization-Provincial civil administration-Efforts to

reduce the number of municipalities-Reduction of police

force-Sanitary work-Supplying horses, cattle, and

farming implements-The new electoral law-The Con-

stitutional Convention-The intervention of 1906-Taxes

SECTION IV.-Military government in Germany

The Allied situation-Division into periods-Attitude of the

German people-Adaptability of the German system to

military government-Marshal Foch's proclamation-

High command organization-American representation

on commissions-The Hoover Commission-The Ameri-

can problem-Entry into Luxemburg-General Per-

shing's proclamation to the Germans-Memorandum No.

4, Third Army-Allied influence upon our system-Con-

trol by General Headquarters-American organization-

Third Army as an agency of civil control-Office of Civ-

il Affairs, Third Army-Policy of American military au-

thorities in economic matters-Suppression of labor dif-

ficulties-Continuance in office of civil officials-Bil-

leting Requisitions-Liquor traffic-Punishments and

restrictions prescribed by Marshal Foch-Public utilities

-Complications during second period.

SECTION V. Comparison of American, French, and British sys-

General considerations-The French system-The British

system-Application of certain principles compared.

SECTION VI.-Recapitulation of important points and principles-- 131

Authority and general policy-Control-Treatment of inhabi-

tants—Legislation-Local officials—Public services and

utilities-Payment for private property-Requisitions-

Contributions-Administration of justice-Keeping mili-

tary and civil administrations separate.

SECTION VII.-Establishment and administration of military gov-

Importance of organization-Importance of qualifications-

General plans and policies-The plan of the commander

-The proclamation-Supplemental regulations-Knowl-

edge of customs of the country important-Conflicts of

policy-Relaxation of restrictions-Staff organization.

SECTION VIII.-Illustrative problem

Maps-General situation-Special Situation No. 1 (Blue).

Requirements under Special Situation No. 1 (Blue)-

Solution of requirements under Special Situation No. 1

(Blue) Special Situation No. 2 (Blue)—Requirement

under Special Situation No. 2 (Blue)-Solution of Re-
quirement under Special Situation No. 2 (Blue)-Dis-
cussion.

Domestic Disturbances

SECTION I.-Radicalism

Historical statement-Legal aspects.

SECTION II.—Instances of use of federal troops in domestic dis-

In general-The Dorr Rebellion-Disturbances in Kansas,

1854-58-Labor strikes in 1877-Railroad strike in Chi-

cago in 1894-Use of federal troops in San Francisco in

1906-Disturbances in 1919 and 1920-Disturbances in

West Virginia, 1921.

SECTION III. When federal troops may be employed

Classes of emergencies requiring federal aid-Principles gov-

erning the employment of federal troops-Ordinary situa-

tions distinguished from martial law-Army regulations

-The posse comitatus act-The Constitution-Other

federal statutes-Sudden emergencies—Bringing about

state of non-intercourse-Who may order out federal

troops-Habeas corpus..

SECTION IV.-Liability of officers and enlisted men under the

Character of the duty involved-Both civil and criminal lia-

bility may be incurred-Obedience to orders-How much

force may be used, and liability for excess of severity

-Place of trial.

SECTION V.-Employment of federal troops to aid State civil au-

How States obtain federal aid-Steps necessary before fed-

eral aid can be furnished-Effect of President's procla-

mation-Influence of this upon the formulation of plans.

SECTION VI.-Employment of federal troops to aid United States

civil authorities

How United States civil authorities obtain the assistance of

federal troops-Steps necessary before the aid of federal

troops can be furnished under Section 5298-Situations

under Section 5298 compared with those under 5297—In-

fluence of these differences upon command and staff

functions and operations-President's proclamation-In-

structions to corps area commander-Communication_of

corps area commander to United States marshal-In-

structions from corps area commander to commander of

SECTION I.-General Survey

Definition-General use of the term-True meaning of the

term-Necessity for considering martial law-Occasion

for its exercise-Limitations upon its exercise-Martial

law as exercised by the British-Martial law as declared

by General Jackson at New Orleans-Martial law as de-

clared by General Scott in Mexico-President's declara-

tions of martial law.

SECTION II.-Employment of federal troops in martial law situa-

What is meant by martial law situations-How martial law

situations may be recognized and what in general may

be done under them-How this affects the preparation

of plans-Nature of the problem-Local laws Local civ-

il officials-Local civil courts-Martial law courts-

Plan of the commander-Staff administration.

ix

APPENDIX A.-Forms and examples of official papers relating to

the laws of war

Safeguard-Safe conduct-Correspondent's pass-Passport-

Certificate of identity for civilian employees-Certificate

of identity for persons attached to sanitary service-Car-

tel (agreement for general exchange of prisoners of war)

-Parole of commissioned officers-Oath administered to

paroled enlisted men-Parole of civilians-Parole not to

return within lines-Pass issued to paroled prisoners of

war-Order directing release from parole-Order revok-

ing parole-Order respecting violation of parole-Order

constituting parole board-Order directing taking of oath

of allegiance-Oath of allegiance-Obligation not to

bear arms-Bond for release Order to send prisoners of

war under flag of truce-Communication accompanying

prisoners of war sent under flag of truce-Order outlin-

ing manner of receiving a flag of truce-Order respect-

ing wanton damage, etc., to private property-Order re-

specting damage, etc., to private property due to military

operations-Order against pillaging-Order directing re-

taliation-Declaration of blockade-Communication au-

thorizing part of population to leave a besieged place-

Suspension of arms for burial of the dead, etc.-Armis-

tice between opposing forces-Agreement respecting en-

trance of troops of a belligerent into neutral territory—

Capitulation-Extracts from international conventions

and conferences.

APPENDIX B.—Forms, etc., relating to military government_---- 293

Letter of Instructions from President respecting exercise of

military government-G-2 Digest of Information respect-

ing hostile territory to be occupied-Proclamation_an-

nouncing establishment of military government-Pro-

posed initial order publishing supplemental regulations

-Proposed order establishing military tribunals-Pro-

posed form for summons to appear before provost court

-Proposed form for record of trial by provost court—

Proposed form of receipt for supplies-Classification of

property in occupied territory-Order against fraterni-

zation, pillaging, etc., in Germany-Anordnungen (rules

and regulations) issued in Germany-"Orders No. 1"

providing for the organization of civil affairs in Ger-

many-Order issued in Germany showing relaxation of

restrictions and other changes infuenced by the Inter-

Allied Rhineland High Commission.

APPENDIX C.-Forms, etc., relating to domestic disturbances

President's proclamation required by R.S. 5300 before federal

aid is furnished to State civil authorities under R.S. 5297

-President's proclamation required by R.S. 5300 before

federal aid is furnished to United States civil authori-

ties under R.S. 5298-Orders emanating from President

directing employment of federal troops-Proposed form

of order from corps area commander to commander of

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