The New York herald., 1862-08-09
RstaIIatory Measures Of tho h.sbsIs.
General Pope and His Officers Excluded
from the Immuniiics Of Civilized Warfarc.
Effect I'm the south Of the En-
fOrCement Of the Com
fiscatiOn Act.
Three Thousand Union Prisoners On
Their Way Hene.
THE FIGHT AT MALVERN HI

THE FIGHT AT MALVERN HILL.
SHORT CROPS IN DIxIE's LAND.
&C., Co., 90.
Retaliat0ry Measures or tho Rebels.
GENBaAL POPE AND THE COMMISSIONED OFFICERS OF
HIS COMMAND EXCLUDED FROM THE ARRANGE
MENT RESPECTING PRISONERS OF WAR.
The Richmond Dispabch OF Monday, tho 4th, says
day Of retrbuton is hand for the outrages which
have long characterized the conduct Of the enemy ~
their prosecution Of tho war. The following has bssn
promulgated
oKHEfsAI onpERs-No. "a.
ADJUTANT AND INsrgcToR GENERALS OFFICE,
RioamoND, August l, 1892 I
FistThe following orders are published for the nfor-
nation and observance or all concerned.
yscos.dWhereas, by general order dated 22d Juiy,
1862 issued by secretary OF War Of the United States
military commanders Of that government within the
States Virginia, South Carolina Georgia, Florida Ala
bama Mssissippi Louisiana, Texas and Arkansas arc
directed seize and any property real or personal,
belonging the inhabitants OF this confedoracy which
may be necessary convenient for their several com
mands; and provision is made for any compensation
the owners OF private property thus seized and appro
prIa;cc by the military commanders Of the elemy.
o. a ay Ss sor AZ m
andug the forces Of tho enemy IN Northern Virginia,
is ordered that all commanders OF any army corps,
immediately TO arrest all disloya male citizens within
their limits within their reach in tho reas OF their
respective commands Such as are wiling to .al lake
and will furnish sufficient security for It's
observance, shalt he permitted TO remain at their
homes and pursue In good til their accustomed avoca
iipns Those who refuse shall be conducted South, be-
yond the extreme pickes Of tho army and be notified
that II found again anywhere within our nes, or AZ any
point ths they will be considered spies and
subjected to the extreme rgor Of military law. II any
person having tsken the oath as above specified be found
have violated IL he shall be shot, anu his property
seized and appled to the public use.
FbaytAnd whereas by an order issued on the l3thof
1y sSS ey svsrn 9 ss II Sss
been ordered to arrest five Of the oe prominent citi
zens Of Page county, Virginia to be held as hostages and
10 suffer death hs any OF the soldiers Of the
said senwehr being shot by bushwhscksrs, BY which
term thu citizens OF the coniederncy who have
taken up arms to defend their homes and families
Fifth-And whereas II results from the above order
that Of the military authorities OF the United States
not content with the unjust and aggressive warfare
Tending people and exasperated by the failure Of their
efforts subugae them have determined to violate
Z
tilIers Of the soil;
Sirth-And whereas this government, bound by the
highest obligations Of duty to its citizens IL thus driven
the necessity Of adopting such just OF retr
button and retaliation shall adequate repress
and punish these barbarities and whereas the orders
above rected have only been published and made known
to this government since the signature Of cartel for the
tprovdss for exchange OF prisoners hereafter cap
ured would have been signed agreed TO by this
govsrnmsnt the intention 70 change shs war INTO S sys
made known TO H.; and whereas, just regard to hu
many forbids that the repression Of crime which this
necessarily extended TO retaliation the enlisted
men OF the army OF the United States, who may
be unwilling instruments OF the savage cruel
hope that the Of the enemy may be checked
prevented by retrbulion on ths commissioned ocers
m hp
service under which seeks their aid in the
psrpetratlon Of such infamous barbaritiss.
Sepsn-Therefore, 10 10 ordered that Major General
pope, Brigadsr Gsusra steinwehr and all commssioned
ocsrs serving under their respective commands, be- and
they are hereby, expressly and specially declared 70 be
entitled be considered soldiers and therefore,
entitled to tho benefit Of tho cartel for the parole Of
future prisoners OF war.
Ordered, Further that in the event Of the capture Of
Major General Pope Briyadier General stsinwehr or
any commissioned officer serving under thsm the cap
tive so taken shall be held in close confinement long
the aforesaid shall continue in force and
peaed by the competsnt military authority OF the United
states and In the of the murder Of any un
armed citizen nhabtant Of this Conedeacy by virtue
under prctext Of one OF the orders heieinbefors
rocited, whether with without trial. whether under
pTetence OF such citizen being spy or hostage any
other pretence shall be the duty Of the Commanding
General OF the forces this confcdcracy cause imme
daely Go be hung Of the commissioned oicers pr
aforesaid number equal TO the number OF
own citizens thus murdered by The enemy. Rv order.
3. COOPER, Assistant Adjutant General
Tho following is the letter Of JEFF. Davis TO General
Lee, insuuctng him te communicate the facts In th.
above order 70 the Commander n Chief OF the United
states Armes
RICHMOND Va July ~ 1890
SiR-0n the 23d Of this month cartel for
. general exchange OF prisoners or war
was sigood between Major General D. H. H in behalf of
the Confederate States and Major General John A. Dix in
behalf ee the United states By the terms that cartel
Il is stipulated that all prisoners Of war hereafter taken
had that cartel been signed when the military
Of the United States commenced practice Of changing
the character Of the war from such becomes civilized
nations campaign Of ndiscriminais robbery and
murder The general order issued BY tho Secretary Of
War Of the United States in the city OF Washington on
the very day that the cartel was signed in Virginia d
rsots military commanders Of the United States 10 take
the private property Of our people for the convenience
and use Of their armies without compensation
23d July the day after the signing Of the cartel
the murder Of peaceful Inhabitants spies found
quietly ting the farms 10 bis rear outside OF his
Hnes Of his Brigader Generals (Seinwehr) has
seized upon innocent and peaceful inhabitants be- held
as hostages, 10 the end that they, may be mur
fered in cold bloJd il any Of his soldiers are
killed BY some unknown persons whom he desiguatss
as whackers." Under this state OF facts the goy
eminent issued the enclosed general order rscognz
ing General Pope and his commissioned officers 70 be in
the position they have chosen for themselves that Of
robbers and murdsrers and not that OF public enemies
soasrs Of war We ans ourselves S'o driven pr, BY
our enemies, by steady progress towards practice
avoid some Of ,ss military authorizes Of ,hc in,,sS
States seem 70 suppose that better will attend
savage war, In which NJ quarter 70 10 be given and
age 10 be spared than has hitherto peen secured
by such hostires as alone recognized be lawful
by civilized men In modern times ts
For the present right OF retaliation on
the innocent snd ehnll continue 70 treat the private en-
listed soldiers Of General Popes army prisoners of war
hut H. after notice 10 the government ~ Washington Of
Our ccntinung reprssslvs 10 the punishment
only Of commissioned officers who willing partici.
pants in these crimes, the savage practices
we shall reluctantly be forced 70 the last resort Of
oeptng the chosen BY foes until the outraged
voice OF q common humanity forces q respect Tor
the recognized rules cl The war. While these acts
would Justify our refusal 10 sxeculs The generous
cartel BY which have consented TO berate excess
c thousands Of prisoners held by beyond the number
held by the enemy, sacred regard plightea faith,
shrinking from tho mere semblance o. breaking o
promise, prevents resort 10 this extremity
Nor desire 20 extend 10 any other forces of the
enemy the punishment meted above by General Pope
and such commissioned officers ss choose Go participate
In the execution OF his infamous orders.