The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1863-03-23
TKEATnENT Of DIsLOrAL Pen.
AONA.


Letter from Gen. Hallsck - Gen.
Rssesrans.
Headquarters Of the Army,
Washington, d. G. March S, 49,.
Major General W. s. Rosecrans, Mur-
freesboro, Tennessee
GENERAL: l have just received Maj.
Gen. Reynolds letter of February 10th,
with your endorsement of Feb. l8. The
suggestions of Gen. Reynolds and Gen.
Thomas with regard to more rigid treat.
ment Of disloyai persons within the lines
of your army are approved. No addition
al instructions from these headquarters
are deemed necessary.
You have already been urged to pro-
cure sour Subsistence, forage and means
Of transportation, 90 far ~ possible, in
the country occupied. This you had :
right TO do without any instructions. As
the Commanding General in the field you
have the right 70 enforce all tho laws and
usages Of var, however rigid and severe
they may be, unless there b some act of
Congress. regulation, order. or instruc-
ton forbidding Or restricting such en-
foScemsnt. A general rnls you must
alwaysbe the judge when it is best to
rigidiy spply these laws, and when more
lenisnt course would be of greater sdyan-
tags to our cause.
Distinctions, however, should always
be made in regard to the character of the
people in the district Of country which i
militarily occupied or passed over. The
people Of the country in which you are
likely to operate may BE- divided into two
clafses.
ifss-FAe truly ile53al, whe neither cid
or assist the rebels except under compul-
sion. but who favor or assist the Union
troops. Where it can possibly be avoid-
ed, this class of persons should not be sub
jected to military regulations but should
receive the protection Of our arms. 1t
may, however, b. necessary sometimes to
take their property, either for our own
use or 70 prevent its falling into the hands
Of the enemy. They viii be paid At the
time the vslae Of such property, or, if that
b imprscticahle, they will hereafter be
fully Unidentified. Receipts should b
given for 81 property 20 taken without
being paid for.
Sscond-Those who take no part in the
war. but belong to the GLASS known a. mil.
itary non-combatants. In civil war like
that NOW vagsd, this class is supposed to
synpathiss with the rebellion rather than
with the Government. There can be no
such thing Is neutrality in rebellion
Ihis tAfn = applicable only to foreign
powers. Such persons, SO long as they
commits 40 hostils act, and coaiine them
selves to their private avocations, are not
to DO nolsstsd BY the military forces. nor
il their property to be seized except ~
military necessity. They, however, are
subjsct to forced loans and military requi-
sitions, and their houses to billsts for sol
deEs quaftsn, and 70 appropriation for
othsr military uses. Subject to those i'm
positions. the nom combatant inhabitants
Of district niliiarily occupied by one of
the betiigereuts are entitled to the mill
tAry pfotsction Of the occupying forces. -
But while sstitled to such projection. they
incur very serious obligations--obliea-
tions differing in some respects from those
Of civil sllsg lance, but equally bindingl
For e1smpls, those who rise in arms
against The occupying army or against the
authority established by the same, are
war rebels or military traitors, aud incur
the penalty Of death. They IRE not en-.
titled to b. considered a. prisoners Of war
when captured. Their property il subjec.
to military ssisure and military confsca-
ton. Military treason of this kind 10
broadly distinguished from the treason
defined in constitutional and statutory
hws, and made punishable BY the civil
courts. "
Military treason il . military offense.
punishable BY the common Inv Of war
Again, persons belonging to such occu-
pied territory, and within the military
inss q The occupying forces, can give no
information 70 the enemy of the occupy
Ing power. without proper authorisy.-
To DO -, The party mot only forfeis al
elaine 70 protection, but subjects himself
or herseif 70 BE- punished, either ~ SPY
Or military traitor, according to the char
actsr OF the particular odense. Our treat
msnt Of sach oAsnses and such offenders
has hitherto bscn altogether too lenisat.
A more strict enforcement of the laws of
war in this respect il recommended .-
6uch offenders shosld b. made to under-
stand the penalties they incur, and TO
know that these penalties will be rigidly
enforced.
Third-Thoss who are openly and
avowedly hostile to the occupying army. |
but Who DO not bear arms against such |
forces. In Other words, while claiming |
2 b non-combatants, they rspudiate OBJ.
legations tacitly or implicitly incurred by
ne otssf Inhabitants Of the occupied ter.
nsory. such Psnoss not only incur al
the obligations imposed upon the other
non. combatant Inhabitants Of the asme
territory, and are liable TO the Same pun
hhnent for the ofenses committed. hui