The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1862-09-20

EKLY. IHAWK,EYE.
- rehssr, ssa especially - higAvay ssass,
- ring 81 nao5 - ~ sa1ang - $780,
nAoese aofit RGi.y s1ucs ksgf8aa sW
L A1zzEsauH n1nlAs VAR ss,at,
~ psssoo dwelling IN district under military
and giving intormation 70 ths Gov
ernnent a which b was subject, but Who b.,
bssD expelled ~ the vieeesioas iavadse; b sni-
vsssally treated ~ spy-a spy Of . peculiarly
dapgsrous 5chasacter. The most patriotic mo.
lives would not shield such person from shs
Doom Of the spy. There have been high. nisded
sud selfsacrilcipg spies. hst, when captured
even II belonging 20 the armies themselves, ,hey
have never been treated otherwise than % com
mon spies Even mere secret correspondence Of
3 person in an occupied district with the enemy.
have been innocent, has subjected the CORES
TO the rigor Of martial law, especially II the Of
tense be committed after . proclamation . the
contrary. Prince Hatfield was appointed By
he King of Prussia, on bis leaving the capital,
after the battle Of Jena, 70 conduct public af-
fairs in Berlin until the city should be occupied
BY the French, and to send report 10 the King
every morning until the occupation BY the enc
my should have taken place. Prince Hatfield
sent such report to bis own government giving
the number Of the French who bad arrived at
Potedam on the Gath Of October, At i've o'clock,
A. M.-that 10 seven hours before the French van.
guard entered Berlin. The latter fell into the
hands of Napoleon. It is well known that the
Emperor, At the supplication of the Princess,
allowed her husband 70 escape the penalty Of
spy. Whatever may be thought Of the question,
whether the Prince, by sending the letter At the
hour mentioned, became spy or not no one
has ever doubted that, had he secretly corres-
pended with his Government after the occupa-
ton of Berlin by the French, giving information
Of the occupants, the French would have been
justified In treating him a. = spy. The spy be-
comes, in this case, peculiarly dangerous max
ing hostile nee Of the protection which, BY the
modern Law Of var, the victor extends to the
remarks apply to the rebel, taking the word in
the primitive meaning of re6slare-that il, to
return to war after having been conquered; and
TO conspiracies-t 10, secret agreements lead
ing to such resumption Of arms in bands Of what.
ever number, Or which IL still worse, plans to
murder from secret places
"This warrebel, a. We might term him, this
remover Of war within an occupied territory, has
been universally treated with the utmost rigor Of
military law. The war rebel exposes the occu-
plying army to the greatest danger, and essen
tally interferes with the mitigation Of the Ne
verify of war, which it 10 one Of the noblest OBJ
jects of the modern law of war to obtain
Whether the war.rebel rises on bis own account,
or whether be has been secretly called upon by
his former government to do 60, would make no(
difference whstever. The royalists who recently
rose in the mountains Of Calabria against the
National Government Of Italy, and in favor Of
Francis, who bad been their king until within
recent period, were treated - brigands and
shot, unless, indeed, pardoned on prudential
grounds 49,.
CONDITIONS OF PEOPLES RISING.
II believe it Can be said that the most recent
publicists and writer's on international Law agree
that the rising of the people to repel invasion
entities them to the full benefits of the law Of
var, and that the invader cannot we'll inquire
into the Origin Of the armed masses opposing
him; that is to say, he will be obliged to treat
TIE captured citizens in arms as prisoners Of war,
90 long - they openly oppose him in respectable
numbers, and have risen insthe yet uninvaded or
unconquered portions Of the hostile country.
"Nor can it be maintained In
good faith, or with any respect for sound sense
and Judgment, that an individual-an armed
prowler-now frequently called bushwhacker
shall be entitled to the protection Of the law
of war, simply because he says that he has ia
ken up his gun in defense of his country, or be.
cause his Government or his chief has issued .
proclamation BY which be calls upon the people
70 iuiest the bushes and commit bomicides which
every civilized nation will consider murders
80 I'VE understand by guerrilla
parties self.constituted sets Of armed men, in
times Of war, who form NO integrant part Of the
organized arm, do not stand on the regular pay
roll Of the army. or are not paid at I'll, take up
arms and lay them down ct intervals. and carry
on petty war (guerrilla) chiefly BY raids, extor
ton, destruction and massacre, and who cannot
sncumber themselves with many prisoners, and
will therefore generally give no quarter.
ssThey are peculiarly dangerous, because they
easily evsde pursuit, and BY laying down their
arms become insidious enemies because they
cannot otherwise subsist than BY rapine, and Al
most always degenerate into simple robbers OF
brigands. The Spanish guerrilla bands against
Napoleon proved . seourge to their own coun-
trymep, and became efficient for their Own cause
only III the same degree in which they gradually
ecams disciplined. - ;.
*%% 1.-THE law Of war, however, would
not extend favor to small bodies Of armed coun'
try people near the lines. whose very smalluese
shows that they must resort to OCCASIONAL light
ing and the occasional assuming Of peaceful hab
its, and to brigandsge. The Law Of war would
still less favor them when they trespass within
the hostile lines to commit devastation, rspine Q!
destruction. Every European army has treated
such persons, and it seems to me would continue
even In the impr owed state Of the present ssage'
of war, to treat them 40 brigaDds, whatever pru
dental mercy might decide upon in stngie Gases
This latter consideration cannot be discussed
here; it does not sppertsin TO the Law OF war.
III has been stated already that the armet
p,oxler, the so-called bushwhscksr. u simple
assassin, and will thus always be considered b.
soldier and citizen; and We have likewise seer
that the armed bands that rise in district fairly
occupied BY military force, or in the rear Of ~
army. are universally considered, If captured
brissnds, and not prisoners Of war. They unit.
the fouriold character Of the spy, the br'eand
the assassin, and the rebel, and cannot-indeed
| It must not be supposed, will not expect to-b'
| treated % . i.ir enemy Of the regular war. The!
| know What . hazardous career they enter upo'
when they take up arms, and that, were the sst.
| reversed, shey would surely not grant the priv
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