| General Orders, | } | WAR DEPARTMENT, |
| No. 100. | Adjutant General's Office | |
| Washington, April 24, 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 publishedfor 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.
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.