The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1862-10-09
Slasarille atuipu.
TNRMsl
THURSDAY MORNING, OCT. Q, is62
pr. Lieber on auerrilla pnrtiaa.

Dr. Lieber on Guerrilla Parties.
DR.. FRANors LlEBER, the most eminent
writer on the laws ofwar now living, and
for many years Professor Of Law in the
University Of South Carolina, has written
stroatise on guerrilla warfare, from which
from which We extract the following pas
sages:
A guerrilla party means an irregular
band of armed men, carrying on an ire
gular war, not being able, according 10
their character as a guerrilla party, 70
carry on what the law terms a regular
war. The irregularity Of the guerrilla
party consists in its origin, for il is eli
ther self-consiituted or constituted by
the call of a single individual not ac-
cording to the general law of levy, con-
scriptiOn, or volunteering; il consists in
its disconneciOn with the army, as TO its
pay, provisions and movements, and it is
irregular as to the permanency of the
band, which may be dismissed and CALI
ed again together at any time. These
are, ] believe, constituent ideas of the
tenn guerrilla a. now used Other ideas
arc associated with the term differently
by different persons. Thus many per-
sons associate the idea of pillage with
the guerrilla band, because, not being
connected with the regular array, tho
men cannot provide for themselves, ex-
cept by pilage, even in their own coun-
try acts Of violence with which
Spanish gtt7Tjlleyos sorely afflicted their
own countrymen in the Peninsula war;
Others connect with it the idea of inten
tiOnal destruction for the sake of destrucS
ton, because the guerrilla chief cannot
aim at any sirategetic advantages or any
fruits of tho victory. Others, ogain, as
sociate with it the idea Of the danger
with which tho spy surrounds us, be-
cause he that to-day passes you in the
garb and mien of peaceful citizen, may
Tomorrow, as . guerrilla man, fire your
house or murder you from behind a
hedge. Others connect with the gUaYi}-
fsT0 tho idea of nt ntcessitated murder, be-
cause guerrilla bands cannot cucumber
themselves with prisoners Of war; they
have, therefore, frequently, perhaps gem
orally killed thsir prisoners, and, Of
course, have been killed in turn when
made prisoners, thus introducing a sys-
tenn of barbarity which becomes intenser
in its decentralization as il spreads and is
prolonged.
He thus cnumerates the various names
under which men make irregular war:
The law Of war as well as the law of
peace has treated many Of these and kim
dred subiects-aots jHstifable, offensive
or criminal--under acknowledged terms,
namely: The freebooter, the marauder
the brigand the partisan, the free corps,
the spy, the rebel, the conspirator, the
robber, and especially the highway rob-
ber, the rising en- magsf or the farming Of
peasants"
REBEL GUERRILLA WAR,
A person dwelling in a district under
military occupation, and giving informa-
tion to the government Of which he was
8 subject, but has been expelled by the
victorious invader, Is universally treated
as q spy--a spy of a peculiarly danger
GUS character. The most patriotic mo
tiyes would not shield such person from
the doom of the spy. There have been
high-minded and self-sacriGcing spies,
but when captured, even if belonging to
the armies themselves, they have never
beou treated otherwise than as common
spies. Even mere secret correspondence
OF persons in an occupied district with
the enemy, though the contents of the
correspondence may have been innocent,
has subjected the correspondent TO seri-
GUS consequences, and sometimes 10 the
rigor of martial law, especially il the
offence be committed after q proclamation
to the contrary. The spy becomes, in
this case peculiarly dangerous, making
hostile use Of the protection which, by
the modern law Of war, the victor ex-
tends TO the persons and property OF the
conquered Similar remarks apply to
the rebel, taking the word in the primi-
tive meaning of rebellare--that is, TO re.
turn 10 war after having been conquered;
and TO consplracies--that is, secret agree
ments leading to such resumption of arms
in bands, of whatever number, or which
is still worse, plans TO murder from Sc
oret places,
This war-rebel, as VIC might term him
this raisipsr Of i0aT within an occupied
territory, has been universally treated
with the utmost rigor of the military law
The war-rebel exposes the occupying
army to the greatest danger and ossenti-
ally intcrleres with the mitigation Of the
severity Of war which il is one Of the
noblest objects Of the modern law Of war
TO obtain. Whether the War-robel rises
on his own account, or whether he haa
been secretly called upon by his former
government 10 do 80, would make no diff
ference whatever. Tho royalists who
recently rose in the mountains of Gala
bria against the national government Of
Italy, and in favor of Francis, who had
been their king until within recent Pc
riod, were treated as brigands and shot
unless, indeed, pardoned on prudential
grounds.
CONDITION or A PEOPLES RISING.
/ believe il can be said that the most
recent publicists and writers on interna-
tional law agree that the rising Of the
people 70 repel invasion entities them to
the fullest benefits Of the law Of war,
and that the invader cannot well inquire
into the origin Of the armed masses op-
posing him; that is 10 say, he will be OBJ
hged 10 treat the captured citizens in
arms as prisoners Of war, 80 long as they
openly oppose him in respectable num-
bera, and have risen IN Ns get nnnUadei