The 1863 Laws of War Being the ...

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Stackpole Books, 2005 - History - 229 pages
  • The "rules of warfare" and "government of the army" as they existed in the American Civil War
  • All 101 Articles of War as amended through June 1863 including the famous Lieber Code (General Orders No. 100), directed by President Lincoln, which expanded the laws of land warfare and General Orders No. 49 on the granting of paroles
  • Copious extracts from the Revised U.S. Army Regulations through June 1863

    This compendium of laws and rules is a testimony to America's reverence for the rule of law as well as its high regard for "civilized" behavior on the battlefield. The Articles of War were normative rules covering military duty and punishments allowed for violations. The Lieber Code was a new and profound law for the conduct of armies in the field, to include humane treatment of prisoners and protection of property and civilians. It had a profound affect on the evolution of the laws of land warfare in use today. Army Regulations, on the other hand, dealt with the administration and management of the army-from personnel assignments to supply and recruiting operations-all three sets of rules were used by both the Union and Confederate armies.

    An essential reference for students, historians, writers, reenactors, and those interested in how our Civil War armies operated.

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    Page 20 - ... disclose or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof, as a witness, by a court of justice, in a due course of law. So help you God.
    Page 24 - ... may be admitted as evidence by a court-martial, in cases not capital or extending to the dismission of an officer, provided that the circumstances are such that oral testimony cannot be obtained.
    Page 4 - ... of a dollar, to be deducted out of his next pay; for the second offence, he shall not only forfeit a like sum, but be confined twenty-four hours; and for every like offence, shall suffer and pay in like manner; which money, so forfeited, shall be applied, by the captain or senior officer of the troop or company, to the use of the sick soldiers of the company or troop to which the offender belongs. ART. 3. Any non-commissioned officer or soldier who shall use any profane oath or execration...
    Page 21 - No officer shall be tried but by a general court-martial, nor by officers of an inferior rank, if it can be avoided. Nor shall any proceedings of trials be carried on, excepting between the hours of eight in the morning and three in the afternoon, excepting in cases which, in the opinion of the officer appointing the eourt-martial, require immediate example.
    Page 42 - The United States acknowledge and protect, in hostile countries occupied by them, religion and morality; strictly private property; the persons of the inhabitants, especially those of women; and the sacredness of domestic relations. Offences to the contrary shall be rigorously punished.
    Page 34 - All civil and penal law shall continue to take its usual course in the enemy's places and territories under martial law, unless interrupted or stopped by order of the occupying military power; but all the functions of the hostile government — legislative, executive, or administrative— whether of a general, provincial, or local character, cease under martial law, or continue only with the sanction, or, if deemed necessary, the participation, of the occupier or invader.
    Page 108 - Courtesy among military men is indispensable to discipline ; respect to superiors will not be confined to obedience on duty but will be extended on all occasions.
    Page 10 - Any officer or soldier who shall upbraid another for refusing a challenge, shall himself be punished as a challenger; and all officers and soldiers are hereby discharged from any disgrace or opinion of disadvantage which might arise from their having refused to accept of challenges, as they will only have acted in obedience to the laws, and done their duty as good soldiers who subject themselves to discipline.
    Page 6 - No enlisted man, duly sworn, shall be discharged from the service without a discharge in writing, signed by a field officer of the regiment to which he belongs, or by the commanding officer, when no field officer is present...
    Page 22 - Every officer to whose charge a prisoner is committed shall, within twenty-four hours after such commitment, or as soon as he is relieved from his guard...

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