The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-11-02

order OF superior officer
FOR the welfare Of the military service, for the In.
terest OF humanity and for the honor Of the United
states absolutely essential that all the crimes above
mentioned should be severely punished.
a. But the code commonly called the rules and arti-
cues war does not provide punishment for the
SAID crimes not even in they perpetrated by
dvduals In the army against the persons property
OF ths same except in the very case In Art g.
ana they are only partially referred to in Arts ST. So
anu 90 when committed by individuals OF the army
against the persons and property hostile people and
the said code does not refer the Injuries which may be
committed ny individuals Of hostile country in viola
composing the army rr|
1t Is evident that Art 90 independent of any refer
ence 10 the restriction in Art 81 is entirely nusatory
and does not reach these capital crimes
-. aners,ole, supplementary code, covering the
crimes mentioned IN the second OF this order
whether committed in, by against the army is ALSO
Z. This unwritten code lie simply msrtal law and IL
addition to the military code preecrbed bv Congress-
In the rules and articles Of war;" and all armies In
hostile country should adopt the martial law net on,v
for their own security but for the protection of TIL.
pesoeu inhabitants and their property from detrimsnt
on the part OF the army In violation of the laws war
In consequence OF this overpowering necessity mar
tiai law is declared AZ supplemental code and 1t win
be observed in and about all posts cities villages camps
hospitals, and other places, which be occupied by
portions Of the army Of the United States In Mexico
and will be equally observed In the columns escorts
conveys guards, and detach said army during
the present war with that Republic and while it shall
remain in the same
0. Consequently all the crimes mentioned in tho Sc
cond paragraph whsther perpatrated, LIST. By Next
can citizen. inhubtant Of soourner in this republic
against the persons or property of those belonging
following the army Of the United States of America or
I'd. By any individual belonging to following said
army against the property of the citizens
Inhabitants Of sojouruers in this country or Sd By
any individual belonging to following said army
against the persons property of any persons apper
tanning to the same shall be judged and punished under
he supplemental code.
10 For this purpose 1t Is ordered that every
in the above mentioned shall be promptly arrested
and notice thereof given that he may be tried before
military commission which shall be convoksd in confor
nifty with what follows.
be named governed and conducted far practicable
In accordance with Arts So 81 of the rules and
articles and the proceedings of the said commits
sion shall be duly recorded In writing revised and
rected approved dsepproved and the sentences
cuted so far as practicable In conformity with the pro-
ceedings aud sentences of court martial under the o
lowing limitations: No military commission shall have
In any case that may be properly tried by
eour. martial ana no sentences OF any military commits
sion shal be executed against any person belonging
the American army unless the nature and grade of his
offence be established by evidence and then he shall be
punished In the same manner that similar pun
ished In any State Of the United States.
L. The SALE waste and loss of warlks stores horses
arms clothing and provisions Of soldiers shall BE- pun
shed by law under the Nos 81 and Of the articles Of
war, and whatever Mexican, whether u resident or a
ammunition provisions clothing horses or their trap
pings shall be tried and severely chassed by military
commission.
10. The administration Of justice both civil and Grim
inA shall be melted out in oil the established courts
throughout the country without the Interrupt
ton or hindrance from the officers soldiers of the
American army excepting the following eases lst In
case the person be officer soldier, agent servant
other person following the North American army Cd
In political cases. that Is to suits against other indi
viduals in which Is alleged that friendly information
protection or kind reception has been given to the
American army.
Ii. For the convenience and protection both par
ties in all cities and towns occupied by the American
orgapel to act Ia concert with the military police oil
| the said 6rmy
i5 This beautiful Capital its churches and its re
gon its converts and inconsistencies Its inhabitants and
their property placed under the especial safeguard
OF the good faith aud honor of the American army.
l6 As consideration for the aforesaid protection
contribution of 900 Is levied the Capital paya-
Bile in four payments at the rate of $4,000 per week
commencing on Monday next the goth inst and termi-
mating en- Monday, the 18th Of October.
II The ayuntamiento, or municipal council of this
city especially charged with tho collection and pay
m.nt of thess sums.
IS From the entire contribution which is to be paid
to this army $40 900 shall be- appropriated the pur
and sick in the hosptal 900 purchase
and shoes, which shall be distributed gratuitousy
amongst the soldiers of the army and $4,000 shall be
retained for other military wants.
10 This order shall be read to and circulate
all the companies OF the American army in service
In Mexico and shall be translated into Spanish for the
information OF the Mexicaus
By order Of the COMMANDMENTS Chief.
II i. SCOTT, A. A. A. General.
WAR INCIDENT.
In the late conflict Mexico, soon aster Major
Twiggs Of the Marines, killed Lieut. Morris Of The
Rifles was ordered to make charge in order to attain
certain point. Deeming his too few for the
undertaking and seeing the Marines without officer
no officer OF theirs and refused-he demonstrated and
they still refused Finding authority and
Of no avail he shouted to them-"Marines am the son
OF Com Morris-f you have any atcn for his
mory follow me-" This appeal irresista bls-their
sailor nearts touched, and with cry of joy they
bounded forw ard and shared his dangers and pers
until obtained
CAPTAIN JOHN 49, MAGRUDER.
We from the following extracts Of a letter re.
ceived from him. and published in the Charlottesville
JGersonidn that this gallant officer dangerous
y wounded though 1t Is most extraordinary that he did
not lose his lite in the many desperate he
went through lie gives rather n gloomy pros pect OF
peace and his suggestion to send strong
This view is confirmed by Kendall, and Is based upon
human nature and common senfe. TO Withdraw from
present position would be fatal to permanent ad-
Jusinent OF ho8tities 1t seems that Captain M fully
relies on the practicable policy OF making Mexico sup
port our army:
~ was engaged on the 9Th, 10th 18th and 9Th OF
September with the enemy. On the 18th was struck
four times Knocked of my horse by grape shot, whic
struck me in the neck, but wounding me very slightly
enough however to make faint but recovered in
few moments, and went on In the action after
wards wounded in the hand by musket ball, but can
now write had two horses shot, though not Kill ed
under Inc, and my battery. under my immediate Gem.
mand repu.ed I've charges OF the enemys cavalry and
infantry My healtl, Is pretty good though am thin
ner than usual am living here ut the only place can
get which IL comfortable until entirely We
have had desperate ghting and have lost great
| Der of officers and men, valuable officers.
| with about 900 men, all told we have fought be-
tween ~ and 900 men, the enemy having 100 pieces
artillery aud ourselves but 20-excuding battery OF
mountain howitzsrs. With this small force we have
taken the enemys artillery and driven them from the
strongest works Geld works) saw having fnall,
entered his capital In triumph. We want reinforce
| men,s dr.adfuly. Let regulate the tariff o
this country here and support army withou
costing the United States cent. Every battle hav
fought, from Pao Alto to the last has fororI
hope The Mexicans cannot make peace will
corporas guard They ashamed to do 1t, an,
hence the smaness Of our army encourages the war
wall get no peace; less than Let them
US renforcements then lest dreadful disaster DO
fall Us. please myself with the hope that you
all well though have not heard from home for 1--WE
months take no Interest in ths country. This Is AZ
you know fine city and If did not hate the vile PEG
pie who live In It, could interest myself very much but
are all very anxious to get out of the country and
more to find ourselves In beloved homes
at least, could sleep at peace. Here par
with our swords and pistols for moment, assassin
are In every corLcr aud In every house"
ARMY INTELLIGENCE.
We learn from the Nafeh.S Courier that salute OF
hundred guns fired Saturday evening last on
the bluff at that city in respect to the gallant utmap
for his participation In the late victories before the city
OF Mexico and In houor Of the brilliant achievement
our arms rhe Coulter adds that the citizens OF Adam
county were to have met the 20h inst for the pur