Page:The War with Mexico, Vol 2.djvu/474

456

military operations, against injuries contrary to the laws of war. 8. From the same supreme necessity, martial law is hereby declared, as a supplemental code in, and about, all camps, posts and hospitals which may be occupied by any part of the forces of the United States, in Mexico, and in, and about, all columns, escorts, convoys, guards and detachments, of the said forces, while engaged in prosecuting the existing war in, and against the said republic. 9. Accordingly, every crime, enumerated in paragraph No. 2, above, whether committed — 1. By any inhabitant of Mexico, sojourner or traveller therein, upon the person or property of any individual of the United States' forces, retainer or follower of the same; 2. By any individual of the said forces, retainer or follower of the same, upon the person or property of any inhabitant of Mexico, sojourner or traveller therein, or 3. By any individual of the said forces, retainer or follower of the same, upon the person or property of any other individual of the said forces, retainer or follower of the same — shall be duly tried and punished under the said supplemental code. 10. For this purpose it is ordered, that all offenders, in the matters aforesaid, shall be promptly seized and confined, and reported, for trial, before Military Commissions to be duly appointed as follows: 11. Every military commission, under this order, will be appointed, governed and limited, as prescribed by the 65th, 66th, 67th, and 97th, of the said rules and articles of war, and the proceedings of such commissions will be duly recorded, in writing, reviewed, revised, disapproved or approved, and the sentences executed — all, as in the cases of the proceedings and sentences of courts-martial; provided, that no military commission shall try any case clearly cognizable by any court-martial, and provided also that no sentence of a military commission shall be put in execution against any individual, whatsoever, which may not be, according to the nature and degree of the offence, as established by evidence, in conformity with known punishments, in like cases, In some one of the States of the United States of America. 12. This order will be read at the head of every Company serving in Mexico." This order helps to explain the later improvement at the north which we have noted.

23. The ordinary safeguard ran thus: "By authority of . . . . . . . . . . . The person, the property, and the family of . . . . . . . . . . {or such a college, mill, etc., and the persons and things belonging to it] are placed under the safeguard of the United States. To offer any violence or injury to them is expressly forbidden; on the contrary, it is ordered that safety and protection be given to him, or them, in case of need." Safeguards were given to towns also. The following is a specimen: "Safeguard. Office of the Civil & Military Governor, Puebla, 22nd January, 1848. Whereas the Municipality of the town of San Martin, on the main road to Mexico, has presented a Solicitation to this Government with regard to certain permissions and protection this Safeguard is given to said Municipality in the following terms. — 1. The authorities and inhabitants of San Martin, their families and private property are placed under the protection of the United States forces, as long as they remain quiet, neutral and peaceable and will therefore be left unmolested and not interfered with by the troops and followers of the United States army. On the contrary their civil authorities will be respected, and protection and assistance will be given to them such as they should need or claim. — 2. All honorable and peaceable inhabitants guaranteed to be such by the Municipality have permission to carry arms for the defence of the community, their persons