It was only the final flare-up of nerve-rasped, helplessly cornered men. The least intelligent people in the streets could perceive that nothing except cannons, and cannons again, could stop this invader who came with a war-machine that made war a matter of systematic business. As Boston had learned it, so New York was learning it. There could not be even the barren relief of desperate, futile activity. The city, richer than many a kingdom, more populous than any State in the Union except three, was as utterly unable to ward off its doom as a trapped animal. Trapped by its own wealth, it could only wait for the hunter to take it.
If any men adhered to the belief that the city might gain anything by destroying its approaches, a telephone message that came through from Port Chester presently was sufficient to convince even the most recklessly daring that it would be madness in the face of the iron will that actuated the enemy. The telephone call was from the corps commander, who asked for the Mayor.
“I have the honor,” he said, “to inform you that the American army, having abandoned the defense of the City of New York and surrounding territory, all military resistance against us has ceased, and we claim occupation. Under the rules of war, your civilian citizens lay themselves open to penalties if they destroy bridges, railways, or other lines of communication. Should such destruction occur, I shall have to exact compensation for any suffering that it may cause to the troops under my command.”
“Invader Can Do What He Pleases”
“He is straining the law!” cried one of the Citizens’ Committee who was an authority on international law. “He has not yet occupied the territory contiguous to the city.”
“I think that he has made his occupation good,” said another. “In our own Army’s Rules of Warfare, paragraph 290 expressly states that ‘it is sufficient that the occupying army can, within a reasonable time, send detachments of troops to make its authority felt within the occupied district.’ ”
“It makes little difference,” interposed the Mayor. “We can’t take him before a Court of Appeals to argue hair-splitting distinctions. He has us, and can do to us what he pleases. He needs only the color of law to go to any extremity. We should be insane to argue with him. The only thing to do is to give renewed and urgent orders that the population must absolutely avoid any act of violence.”
Again the cold logic of inexorable circumstances forced humble submission. Through all the districts north of the Harlem and through Westchester County almost to the line of the enemy patrols, there was sent by every possible method of communication the following warning:
“The invading forces assert occupation of the territory in which you reside. Under this occupation, any act of disorder involving raiding, espionage, damage to railways, war material, bridges, roads, canals, telegraphs or other means of communication is punishable by death as war treason. Communities in which such acts occur may be punished collectively. All persons are warned earnestly to yield full obedience to the occupying military forces and to abstain from all offensive acts.”[147]
A Matter of Lawyers’ Logic