Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1862-01-25

selves, and that they have bsen By military
coercion forced iatO 4 ssrvisads uhsnoHr
to ia,eraAIion,i Asi CIVILIZED ussge Ia such
cases. have obtained inioTmatlau hat
iEgiTidaaL srl parties 81 urn specially
appointed and instructed W ne p destroy
railroads, e1lVeriS aud bridges, BY tearing
ing them W, burning, &c., hAEe etea ar
rested, and subjected 10 general coait InaF-
tial, ior alleged crimes which all laws Of
warfare heretofore recognized BY the eivil.
irel world have regarded as disliaStly
proper And lawful. have learned that
such persons when tried, L convicted q
offence OF oiieners as stated are viewed as
lAWfa! sabjeeis for capital ponishmen,
7 These statements csnaoI believe 10 be
correct but let Gs understand each other
ca this subject Do you inIcad to contiaue
the aryes, OF citizens engaged 10 their or.
dinRry peaeelll pursuits and treat them as
traitors aud rebels? II 20, will gov make
exchanges With me for such a. | may or
will make for similar eausesl Do you in
leud TO regard members Of this army as
persons deserving death whenever orwhet.
ever they may be captured, or will you e1-
tend 10 them the recognized rights Of pris-
uners Of war BY the code Of the civilized
world? Do you regard the destruction OF
important roads Ald transportation iaeili-
ties for military purposes Ast the legal right
Of belligertnt power Doyou inteud TO
regard men whom | have specially dis
patched 10 destroy roads, burn bridges,
tear up .lrerts, &c, as amenable to the
enemy's court martial, or will you have
them tried as usual by proper civil authori-
ties, according to the statutes OF the State,
tSigued) STERLING PEicE,
Major General Commanding,
The following are the main features in
Halceks reply
HEApeuAHTERs DEPT. or Missouri,
ST.. Lotus, Iau. 90, 1867. I
GEtral Your letter dated Springfield
Jan. 18th is received The troops ofwhich
you complain OF in Kansas and Fort l.eaV-
enworth, ARE not under my command, In
regard to them ! respectfully refer you to
Major General David Hunter, commanding
the department Of Kansas, headquarters,
Fort LeRVenWorlh.
You also complain that individuals and
parties OF men specially appointed and in.
struetsd BY you to destroy railroads, Gu!
verts aud bridges by tearing them up,
burning, &C., have been arrested and sub
jected to q general court martial for alleged
crimes this statement is in the main corr
rect. Where individuals and parties Of
men violate the laws Of war they will be !
tried, and II found guilty will certainly be
punished, whether acting under your spc.
cial appointment and instructions or not
You must be aware General, that no orders
Of yours can save from punishment spies,
marauders, robbers, inceadiarles, guerilla
bands, etc., who violate tue laws OF war
You cannot give immunity to crimes, but
lot US understand each other on this point. |
lryou send armed forces wearing tue garb
of soldiers, and duly organized as lcgiti-
mate belligerenls to destroy railroad
bridges &c, as military act, We shall kill
them If possible in open warfare or II We
capture them we will treat them as prison.
ers Of war; but it is well known that you
have sent numbers Of your adherents in the
garb Of peaceful citizens and under false
prrtcnccs through our lines into Northern
Missouri to rob aud destroy the property
Of Union men, and burn aad destroy rail-
road bridges, thus endangering the lives OF
aud this too without any mill
tary necessity or possible military advan-
,agc moreover peaceful citizens Of Mis-
souri,, quietly working on their farms have
been instigate ! by your emiSsaries to take
up arms as insurgents, and rob, plunder
and commit arson and murder. They do
not even act under the garb Of soldiers, but
under false pretences aud in the guisc Of
peaceful citizens. You certainly will no;
pretend that men guilty OF such crimes,
although specially instructed by you,
are entitled to the rights and immunitics Of
ordinary prisoners OF war. II you do, will
you refer me to single authority on the
laws Of war which recognize such claim,
| am daily expecting instructions respect-
ing An exchange OF prisoners Of war.
will communicate With you on that sub
ject as soon as they are received.
Signed II. ". llALtICE,
Major Gen. Cong.