General Orders, No. 8.
I. For the maintenance of law and order in those portions of the Philippines occupied or controlled by the Army of the United States, and to provide means to promptly punish infraction of the same, Military Commissions and Provost Courts, composed and constituted in accordance with the laws of war, will be appointed from time to time as occasion may require.
II. The local courts, continued in force for certain purposes in proclamation from these headquarters, dated August 14th, 1898, shall not exercise jurisdiction over any crime or offense committed by any person belonging to the Army of the United States, or any retainer of the Army, or person serving with it, or any person furnishing or transporting supplies for the Army; nor over any crime or offense committed on either of the same by any inhabitant or temporary resident of said territory. In such cases, except when Courts Martial have jurisdiction, jurisdiction to try and punish is vested in Military Commissions and the Provost Court, as hereinafter set forth.
III. The crimes and offenses triable by Military Commission are murder, manslaughter, assault and battery with intent to kill, robbery, rape, assault and battery with intent to rape, and such other crimes, offenses, or violations of the laws of war as may be referred to it for trial by the Commanding General. The punishment awarded by Military Commission shall conform, as far as possible, to the laws of the United States, or the custom of war. Its sentence is subject to the approval of the Commanding General.
IV. The Provost Court has jurisdiction to try all other crimes and offenses, referred to in Section II of this order; not exclusively triable by Courts Martial or Military Commission, including violations of orders or the laws of war, and such cases as may be referred to it by the Commanding General. It shall have power to punish with confinement, with or without hard labor, for not more than six (6) months, or with fine not exceeding Two Hundred and Fifty Dollars ($250.00) or both. Its sentence does not require the approval of the Commanding General, but may be mitigated or remitted by him.
V. The Judge of the Provost Court will be appointed by this
Commanding General. When in the opinion of the Provost Court its
power of punishment is inadequate, it shall certify the case to the
Commanding General for his consideration and action.
By Command of Major-General Merritt: J.B. Babcock, Adjutant-General. Official: Bentley Mott, Aid.
Headquarters Department of the Pacific and Eighth Army Corps.
Manila, P.I., August 22nd, 1898.
Special Orders, No. 32.