1-1 t. to the effect that "the conduct of the Americans upon this tthe storming of Stony Point) was highly meritorious: for they would have been fully justified in putting the garrison to the sword: not one man of which was put to death but in fair combat." Indeed, as late as 1820 the Duke of Wellington stated: "I believe it has always been understood that the defenders of a fortress stormed have no right to quarter." But in justice it should be said that he never made any use of this alleged right.
These citations are made to show by what slow and laborious processes humanitarian theories have incorporated themselves into actual law and practice. At the present day, however, such de tails have merely historicail or antiquarian inter est : for the theory and practice of modern civi lized nations in their dealings with one another regard useless slaughter as murder, and consider all slaughter useless, if not indispensable to the end in namely, the fair, manly, and open conduct of war in the interest of its speedy ter mination. To this end. cruel and pain-giving instruments are forbidden. for the purpose of the combatant is to wound or incapacitate rather than to kill if there be a choice of means, as in battle there can rarely be. Poisoning of streams and food-snpplies: the killing of non-eombatants generally, not to speak of innocent 'women and children: the refusal to give quarter, even in the heat of battle, except is retaliation—have Mier been given over as barbarous and unworthy of men in any state of civilization: and while st rata gems and deceits are allowable. if not involving perfidy. it may be said that modern warfare is carried on in a eonstantly increasing spirit of fair play as becomes honorable and Christian people. It is no less true that the rules of international law hind civilized nations in their intercourse with uncivilized peoples. as well as with
whieh, for one reason or another. are not yet included hi the family of nations. This was (den rly manifested by ,fa pa n's treatment of China in the war of li;91.
As regards the proseent ion of hostilities, war is waged on laud and sea. and the dill rem, the elements necessarily gives rise to differences in the methods and means by which they are car ried on. The usages, customs, and agreements of civilized nations formulate as it were a code or system of laws of war, the violation of which w011111 1201151ct the offending country of barbarism.
The United States, it would seem, was the first power to c•oilify these various rules and regula tions in the form 01 a manual, and the previous ly referred to Instructions of Dr. Lieher in army circles as Gcacrui Orders No. /00— have been the basis of all subsequent. codifica tions of the laws of land war. were sued in 1898 for the guidance of officers in the recent war with ;spoil], and required but slight. modification to meet the purposes of the Hague Conference of 1899.
In June, 1900, the Navy Department issued a Naval Code—known as th.neral Orders No. 5.51 —prepared by Captain Charles It. Stockton. Ar ticle 5-h of this enlightened work explains the relation between the laud 41111111:M11 codes. ;11111 the supplemental nature of the latter. A perusal of these two brief and admirable doeuments gives a clear understanding of war as practiced by the United States and by civilized nations gen erally; for there is fortunately little, if any, difference in practice among nations at the pres ent day.
For the successive steps by which the miti gation of the hardships incidental to the con duct of war have been hrought about and the means and instruments of war changed, see GENEVA CONVENTION: BEnCtiosst SOCIETIES; SAINT PETERSBURG, DECLARATION OF ; and 11AcuE, PEACE