The Commoner.
May 16, 190a
ORDER NO. 100--SUPPRESSED PARAGRAPHS.
The republican papers are very busy these
days calling attention to the fatuous order No. 100,
Issued April 24, 1863. Thoy point out that this
order was approved by Abraham Lincoln and, by
publishing certain extracts, they seek to justify
the cruel practices in the Philippines.
The extracts fr$m order No. 100 which these
republican papers reproduce put the best possible
face on the situation from the re'publican stand
point. These, extracts relate, however, to certain
general rules. There are, in this same order, sev
eral explicit rules relating directly to the practices
in the Philippines, which rules the republican or
gans take great care not to reproduce.
It will be interesting to read some of- these
suppressed paragraphs. Paragraph 4 of section t
provides:
Martial law is simply military authority
exercised in accordance with the laws and
usages of war. Military oppression is not mar
tial law; it isTHE ABUSE OF THE POWER
which that law confers. As martial law is
executed by military force, it is incumbent
upon those who administer it to be STRICTLY
GUIDED BY THE PRINCIPLES OP JUSTICE,
HONOR, AND HUMANITY virtues adorn
ing a soldier EVEN MORE THAN OTHER
MEN, for the very reason that he possesses the
power of his arms against the unarmed.
Paragraph 11 of section 1 provides:
The law of war does not only DISCLAIM
ALL CRUELTY and bad faith concerning en
gagements concluded with the enemy during
the war, but also the breaking of stipulations
solemnly contracted by the belligerents in
time of peace, and avowedly intended to re
main in force In case of war between the con
tracting powers. It disclaims all extortions
and other transactions for individual gain;
ALL ACTS OF PRIVATE REVENGE, OR
CONNIVANCE AT SUCH ACTS. Offenses to
the contrary shall be severely punished,, and .
especially so if committed by officers.
1 Paragraph 14 of section 1 provides:
Military, necessity, as understood by mod- .
em civilized nations, consists in the necessity
of those measures which are indispensable for
securing the ends of the war, AND WHICH
ARE LAWFUL according to -the modern law
and usages of war.
, Paragraph 15 of section 1 provides:
Military necessity admits of all direct de
struction of life or limb of ARMED enemies,
arid of other persons whose destruction is in
cidentally UNAVOIDABLE in the armed con
tests of the war. . . . Men who take up arms
against one another in public war DO NOT
CEASE ON THIS ACCOUNT TO BE MORAL
BEINGS, RESPONSIBLE TO ONE ANOTHER
AND TO GOD. . r
Paragraph 16 of section 1 provides:
Military .necessity DOES NOT ADMIT OF
CRUELTY that is, THE INFLICTION OF
SUFFERING for the sake of suffering OR
FOR REVENGE, nor of maiming or wounding
EXCEPT IN FIGHT, NOR OF TORTURE TO ;
EXTORT CONFESSIONS. It does not admit
of the use of poison in any way, nor of the
wanton devastation of a district. It admits
of deception, but disclaims acts of perfidy; .
and, in general, military necessity does not in
clude any act of hostility which makes the
return to peace UNNECESSARILY DIFFI-
CULT.
Paragraph 22 of section 1 provides:
Nevertheless, as civilization has advanced !
during the last century, so has likewise stead- ;
ily advanced,, especially in war on land, the '
distinction between the private individual be- ?
' longing to a hostile country and the hostile '
country itself, with Its men in arms. The f
principle has been more and more acknowl- .'
edged that THE UNARMED CITIZEN IS TO : ,
BE SPARED in person, property, and honor
as much as the exigencies of war will admit.
LITTLE DISTURBED IN HIS PRIVATE RE
LATIONS as the commander of the hostile
troops can afford to grant in the overruling
demands of a vigorous war.
Paragraph 24 of section 1 provides:
The almost universal rule in remote times
was, and continues to be with barbarous arm
ies, that the private individual of the hostllo
country is destined to suffer every privation
of liberty and protection, and every disruption
of .family ties. Protection was, and still is
with uncivilized people-, tho exception.
Paragraph 25 of section 1 provides:
In modern regular wars of tho Europeans, .
and their descendants in other portions of
tho globe, protection of the inoffensive citizen
of the hostile country is the rule; privation
and disturbance of private relations are tho
exceptions.
Paragraph 28 of section 1 provides:
Retaliation will, therefore, NEVER BE
RESORTED TO AS L MEASURE OF MERE
REVENGE, but only as a means of protective
retribution, and moreover, cautiously and un
avoidably; that is to say, retaliation shall only
be resorted to AFTER CAREFUL INQUIRY
into the real occurrence, and the character of
the misdeeds that may demand retribution.
UNJUST OR INCONSIDERATE RETALIA
TION removes the belligerents farther and
farther from the mitigating rules of regular
war,Tid by rapid steps leads them nearer to
the iMernecine wars of savages.
Paragraph 37 of section 2 provides:
THE UNITED STATES ACKNOWLEDGE
AND PROTECT, in hostile countries occupied
by them, RELIGION AND MORALITY; strict
ly private property; THE PERSONS OF THE
INHABITANTS, ESPECIALLY THOSE OF
WOMEN; and the sacredness of domestic re
lations. Offenses to the contrary shall be rig
orously punished. This rule does not Inter
fere with the right of the victorious invader to
tax the people or their property, to levy forced
loans, to billet soldiers, or to appropriate prop
erty, especially houses, lands, boats or .ships,
and churches, for temporary and military
uses. .
Paragraph ii of section 2 provides:
All wanton violence committed against
persons in the invaded country, all destruction
of property riot commanded by the authorized
officer, ALL ROBBERY, ALL PILLAGE OK
SACKING, EVEN AFTER TAKING A PLACE
BY MAIN FORCE, ALL RAPE, WOUNDING,
MAIMING OR KILLING OF SUCH INHABI
TANTS, ARE PROHIBITED under the, pen
alty of death, or such other severe punisliment
as may seem adequate for the gravity of the
offense. A soldier, officer or private, in tho
act of committing such violence, and disobey
ing a superior ordering him to abstain from it,
may be lawfully killed on the spot by such
superior.
Paragraph 47. .of section 2 provides:
Crimes punishable by all penal codes, such
as ARSON, MURDER, MAIMING, ASSAULTS,
highway robbery, theft, burglary, fraud, forg
ery, AND RAPE, if committed by an American
soldier in a hostile country against its in
habitants, are not only punishable as at home,
but in all cases in which death is not inflicted,
the severer punishment shall be preferred.
Paragraph 56 of section 3 provides:
A prisoner of war is SUBJECT TO NO
PUNISHMENT FOR BEING A PUBLIC EN
EMY, NOR IS ANY REVENGE WREAKED
UPON HIM BY THE INTENTIONAL IN
FLICTION OF ANY SUFFERING, OR DIS
GRACE, BY CRUEL IMPRISONMENT,
WANT OF FOOD, BY MUTILATION, DEATH,
OR ANY OTHER BARBARITY.
Paragraph 67 of section 3 provides:
. Paragraph 08 of section 3 provides:
Modern wars are not Internecine wars,
In which the killing of tho onemy is the ob-
. ject The destruction of the enemy In modern
war, and, indeed, modern war itself, are means .
to obtain that object of the bolllgoront which
; lies beyond tho war. Unnecessary or revenge
ful destruction of life Is not lawful.
., Paragraph 70 of section 3 provides:
" Tho uso of poison in any mannor, be It
poisoned wells, or food, or arms, is wholly
excluded from modern warfare. Ho that uses
It puts himself out of tho pale of tho law and
usages of war.
.. . Paragraph 71 of section 3 provides:
Whoovor INTENTIONALLY INFLICTS
ADDITIONAL WOUNDS ON AN ENEMY AL
READY WHOLLY DISABLED, OR KILLS
SUCH AN ENEMY, or who ordors or encour
ages soldiers to do so, shall suffer death, if
duly convicted, whether ho belongs to -the
army of tho United States, or is an enemy cap
tured after having committed- his misdeed. . .
Paragraph 76 of section 3 provides:
Prisoners of war aro subject to confine
ment or Imprisonment such as may bo deemed
necessary on account of safety, but thoy aro
to bo subjected TO NO OTHER INTEN-
. TIONAL SUFFERING OR INDIGNITY. Tho '
confinement and mode of treating a prisoner
may bo varied during his captivity according
to the demands of safety.
,, Paragraph 76 of section 3 provides:
Prisoners of war shall bo fed upon plain
and wholesome food, whenever practicable,
and treated with humanity. They may bo re
quired to work for tho benefit of tho captor's '
government, according to their rank and con
dition. Paragraph 80 of section 3 provides:
HONORABLE MEN, WHEN CAPTURED, -,
WILL ABSTAIN FROM GIVING TO THE .
ENEMY INFORMATION CONCERNING '
THEIR OWN ARMY, and th modern law of
war permits no longer tho use of any violence '
against prisoners In order to EXTORT THE
DESIRED INFORMATION OR TO PUNISH
THEM FOR HAVING GIVEN FALSE IN- '
FORMATION.
JJJ
Lodge Admits Cruelty.
Senator Lodge has furnished the Philippine
committee a list of "over three hundred officers
and enlisted men in the United States army wno
have been tried by court-martial for offenses
against natives (Filipinos)." This list was fur
nished as proof that the administration is doing
its duty In protecting tho Filipinos, but Senator
Lodge unconsciously furnished conclusive proof,
of the charges of cruelty and misconduct brought
against the army. With a list of three hundred
prosecutions on file, who will say that tho offenses
have been "rare" and "occasional?" If three
hundred have behaved so outrageously as to bo
tried, what is the total number of the offense
calculated to arouse resentment among the na
tives and stir up hatred against Americans? How
long will it take us to overcome the harm al
ready done and teach the natives to respect our
Christian civilization?
Senator Lodge presided at the last republican
national convention and defended colonialism on
commercial grounds. He is one of the most con
spicuous representatives of tho bloody, brutal
doctrine of imperialism which puts the dollar
above the man and measures trade advantages
against human rights and human life, . .
Paragraph 23 of section 1 provides:
Private citizens are NO LONGER MUR
DERED, enslaved, or carried off to distant
jparts, and tho inoffensive individual is as
I .- v The jaw 0f nations allows every sovereign
1 ' government to make war upon another sov-
' J ereign state, and, therefore, admits of no rules
i" .) or laws different frdni those of regular war-
' fare, regarding tho trf atmenjt of prisoners of
1 t war, although thoy n?iy belong to tho army
oi a government which the captor may con-
' gidcr as a wanton and unjust assailant.
The Nashville American, which strenuously In-,
slsts upon the retention of the Philippines at any
cost, learnedly discusses ".Tho Situation in Rus
sia," but studiously refrains from, discussing the
situation in the Philippines. In view of the dis
closures the American exhibits rare discrimination.
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