[86] [Ibid.]
[87] For example, the carrying off of forty leading citizens from Dijon and neighboring towns as reprisals against the making prisoners of the crew of German merchantmen by the French (undoubtedly contrary to the law of nations), the pretense being that the crews could serve to reenforce the German navy (a pretense strikingly repudiated by Bismarck’s Notes of October 4th and November 16th, 1870). Lüder, Das Landkriegsrecht, p. 111.
[88] Proclamation of the Governor-General of Alsace, and to the same effect the Governor-General of Lorraine of October 18th, 1870.
[89] See Loning, Die Verwaltung des General-gouvernements im Elsass, p. 107.
[90] For a state of war the provisions of the Prussian Law of June 4th, 1861, still hold good to-day. According to this law all the inhabitants of the territory in a state of siege are subject to military courts in regard to certain punishable proceedings.
[91] J. von Hartmann, Kritische Versuche, II, p. 73.
[92] Lüder, Das Landkriegsrecht, p. 103.
[93] Obviously we are only speaking of a war between civilized people since, in the case of savages and barbarians, humanity is not advanced very far, and one cannot act otherwise toward them than by devastation of their grain fields, driving away their herds, taking of hostages, and the like.
[94] Army Order of August 8th, 1870, on crossing the frontier:
“Soldiers! the pursuit of the enemy who has been thrust back after bloody struggles has already led a great part of our army across the frontier. Several corps will to-day and to-morrow set foot upon French soil. I expect that the discipline by which you have hitherto distinguished yourselves will be particularly observed on the enemy’s territory. We wage no war against the peaceable inhabitants of the country; it is rather the duty of every honor-loving soldier to protect private property and not to allow the good name of our army to be soiled by a single example of bad discipline. I count upon the good spirit which animates the army, but at the same time also upon the sternness and circumspection of all leaders.