General Order No. 100-Adjutant-General's Office.

4. S. War dept.

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.

NEW YORK:

D. VAN NOSTRAND, 192 BROADWAY.

1863.

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 Major-General 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 necessity

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 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

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