The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1862-10-04
Freedom AMI Nationality.
rr. Leiber on auerrillasl

DR.. FRANo1s LEiBER, an eminent Ger
man scholar, and for many years Profess
sor Of Law in the University Of South
Carolina in reply TO letter from General
HALLEcK, asking his opinions in reference
TO the status Of guerrillas among civil
lied nations, and whether they are
entitled 10 the rights Of belligerents,
lays down the following propositions.
We intend publishing his letter at length:
LIST. Guerrilla warfare is novel term
for an old and lOeH k7o,0gi offence.
I'd BY not ouly the laws Of war, but
by common law, guerrilias are simply
drned robbers.
3D. Guerrilla warfare IL necessarily
attended with wantOn destruction of
property, pillage, and assassination.
4th. A person living in a district under
military occupation, aud giving informa-
ton 10 the government of which be was
a subject, is universally treated asa spg.
9th. The high character and self sacri-
ticing motives Of such offenders is no
palliation Of their great crime.
WAAa AlN NUu9UAtAAhI anu tfDfl III u
territory under military occupation, as
he exposes the occupying army 10 the
greatest danger, and essentially inter-
feres with the mitigation Of the sevcri-
W of war, is universally treated with
the utmost yigor0f military inio.
9Th. No armed prowler or bush whack-
er is entitled to the protection Of the law
of war, simply because he may say that
he is defending his country, or because
his government has called on him TO
commit homicides which all civilized
nations consider murder
9Th. Guerrillas are peculiarly danger
Gus because they easily cvade pursuit,
and by laying down their arms, become
insidious foes, because they can subsist
only by rapine, and nearly always dc
generate into robbers aud brigands.
9th. Armed bands that rise in a dis
trict fairly occupied by military force,
are universally considered il captured
brtgdnds and nat prisoners of war.
10th. These bands unite the fOrefOld
character Of the pg the JriyarH, the as
sdssiH, and the rebel, and cannot be treat
ed as fair enemy Of regular war.
In addition TO this very strong Ian
guage employed by perhaps the high
est and most profound authority on in
ternational law and the laws of wal
now living, we would add the emphatic
language of General KIRBY SMITH used by
him in recent proclamation
HEADQUARTERS CONFEDERATE FORCES, J
Army OF East Tennessee,
August 20, 1862. \
10 1ie citizens Of Knor county and the adjacen
counties IN Kentucky:
Finding that you have been deceived
by the Interpretations Of our enemies
aud have been induced by them moi
only to leave your homes, and also (,
resort TO the cOwardly practice Of bush
whacking, | how promise you that il
YOU return quietly TO your homes and
lead orderly lives you will not be dis
turbed, but will be protected in youl
rights.
II, on the contrary, you persist in fir
ing upon my soldiers from the woods
yOu uW he hing ,Dhen yoU are caught, 0nC
your hguses and property ,OjH be destroyed.
Il. KIRBY SMITH,
Major General.
Recent events in this vicinity hav,
had 4 tendency to bring guerrilla war,
fare into great odium. Let the barbar.
Gus system be abolished.