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: A Code for the Government of Armies in the Field as authorized by the laws and usages of war on land. by Lieber Francis United States War Department - United States. Army Regulations; Military law United States

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A CODE

FOR THE

Government of Armies in the Field,

Printed as manuscript for the Board appointed by the Secretary of War "To Propose Amendments or Changes in the Rules and Articles of War, and a Code of Regulations for the Government of Armies in the Field, as authorized by the Laws and Usages of War."

FEBRUARY, 1863.

CODE.

MARTIAL LAW. MILITARY NECESSITY. RETALIATION.

? 1. A place, district, or country, invested or occupied by an enemy, stands, in consequence of the occupation, under the Martial Law of the investing or invading 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, and dictation.

It is not unusual to proclaim that the administration of all civil and penal law shall continue, as in times of peace, unless specially interfered with by the military authority.

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