crushing P., the siege will continue. But G. finding himself weakened by the struggle and deprived of the assistance of P., the resistance opposed to the besieger in the last period of the attack will evidently be less than if the siege had not been commenced by a bombardment." The "moral" is that "every general who wishes to attack a fortified town has the right to throw shells inside to hasten its surrender, and that it is his duty to do so inasmuch as his sovereign orders him to save time and spare the blood of his soldiers." The only objection raised by the critic of General Le Blois's book to his plan of setting private houses on fire is that the pyrotechnic material necessary for that end is difficult to carry.

APPENDIX C.

INSTRUCTIONS FOR THE GOVERNMENT OF THE ARMIES OF THE UNITED STATES IN THE FIELD.*

SECTION I.-Martial Law-Military Furisdiction -Military Necessity-Retaliation.

I. A PLACE, district, or country occupied by an enemy stands, in consequence of the occupation, under the martial law of the invading or occupying

* The late Professor Lieber, author of these "Instructions," was a Prussian by birth, and in his youth served in the Prussian army, and took part in the campaigns of 1814 and 1815. The "Instructions for the Government of the Armies of the United States in the Field," are probably, then, based on the unpublished "Prussian Military Code," with which, as regards essential points, they are identical. Some of the expressions, moreover, used in the "American Instructions," such as "war-rebel," "war-traitor" (Sections IV. and V.), are certainly of German origin. I have already mentioned (Chapter I.) that, before being sanctioned by President Lincoln, these "Instructions" were submitted to, and approved by, a committee of officers.

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.

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 exer

cised 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, honour, 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.

6. 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 governmentlegislative, 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.

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.

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.

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.

II. The law of war does not only disclaim all