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Instructions for the Government of Armies of the United States in the Field (Lieber Code). 24 April 1863.
Section I : Martial law -- Military jurisdiction -- Military necessity -- Retaliation - Art. 12.
Art. 12. Whenever feasible, Martial Law is carried out in cases of individual offenders by Military Courts; but sentences of death shall be executed only with the approval of the chief executive, provided the urgency of the case does not require a speedier execution, and then only with the approval of the chief commander.