The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1862-10-11
Military Seizure and Individual
Pillago.

we bre trying 10 put down the rebellion
that we should not be guilty Of commit
ting lawless acts to suppress lawless-
ness; and at time when civil law
throughout tie South is superseded by
military law it is the imperative duty Of
our military officers to see that mill
tary law, as established by Congress, be
observed, and that the people, whether
loval or disoyal do not become the VIC
Tins of mere military violence, orof the
CAPRICE Of individuals who enjoy the ac-
cident Of position. There is an error on
this point quite TOO prevalent among some
Federal officers, especially among some
subordiDates, who having been suddenly
elevated from an obscure lawyers or
physicians office, or petty counting-room
to position in the army four or five
times as lucrative, sometimes indulge in
an extravagant exercise Of authority
Their doctrine seems to be that as the
Government has authorized them to fight
rebel armies, they derive from this an
unbounded license to seize everything
belonging to rebels and appropriate it to
their own use Some officers claim a
still greater lati'utdc of power, and APP
propriate the property Of the loyal and
disloyal alike. II is natural for soldiers
10 follow tho example set them by these
officers, and in some instances to indulge
in con6scations, not exactly authorized
in any act of Congress which we have
ever read Such conduct can be produc-
tive of no COED result it will be produc-
tive Of infinite evil. For this belief we
have the sanction of the highest military
authority on the land, to. which we now
call the attention of all persons concern
ed. We quote from General Order No.
lO7, Of Major General HALLEcg, Com
mander. in Chief of the army.
SEC. 3. The lawsof the United States
and the general laws of war authorize
in certain cases Of seizure and CONVEX
sion Of private pr perry for the subsist-
ence, transportation, and other uses Of
the army but they must be distinguish
ed from pilage; and the taking Of pro-
perty for public purposes, is tety dDeyeB
|ions the conversion to pirate use, All pro-
perty taken lawfully from the enemy or
from the inhabitants in the enemy coun-
trV INSTANTLY BECOMES PUBLIC PROPERTY
AND MUST BE USED AS SUCH. The fifty
second article of war authorizes the pan
aliy Of death JoTPRlagsor pimderiagoad obler
articles authorizes severe punishment for
any officer or soldier who shall sell en-
bezzsle, misapply, or waste military
stores, or who shall permit the waste or
misapplication Of any such public pro
perty.
SEC. 4. -iH pyopadB public or p,ttute
taken from Giieged enemies 0,usi be iare,do-
yied or accounted jon, if the property taken
be claimed rs private, receipts must be
given TO such claimants or thicr agents
SEC. .. When ioraging parties are
cent out for provisions'or other stores, the
commanding officer will be hald account
able for the conduct Of his command and
will make a true report of all property
taken.
SEC. &. No officer or soldier will with
out authority leave his colors and rank
TO take private property or 10 enter a
private house for the purpose. M s1ich
acts are puaislabio oH death, and oa officer
,eho permits H0a IS rlooly as uraYoy HE
actual pUoQe,S,'
we wish TO call attention 10 one point
emphatically and clearly laid down in
this truly admirable, and judicious and
absolutely necessary order, which is, that
sail property lawfully taken from the
enemy" that is from he rcJe7s Ia AIMS,
'or from the Inhabitants in tho enemy s
country" that is from rebel or from 10y
al citizens, is actually NE propsly of The
iin.icl States. Il is public property, in
which every citizen Of the United States
has pCcuniary interest, and whoever
applies such captured or forfeited pro-
perty 70 his individual use, without au-
thOrity, is guilty Of robbiug the public
treasury, Of embezzling the property Of
loyal people. Many seem TO think that
becauae a rebel has outlawed himself hy
his wicked courso, and Pronounced the pro-
lection Of the constitution and the Union,
by rcnouneing his'allegiance, his proper
~. becomes like lost knife or stray
dog, which has no claimant, and may
therefore be lawfully appropriated by
the first seizer This is a great error.
It IL positively contradicted not only by
tho language of the order of Glen. HAL
1Eog, but by the very law of Congress,
which provides for tLe conGscation Of the
property Of rebels, To s0afso1ie, says
WEns7TR, '"'o adiulgc 70 be Ja.trd