The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1863-03-20
WAR MATTERS,
Treatment of Rebels Within our
Lines.
Letter from Gen. Hniieck 70 Gen. Rose
Grams on the Subject.
MAsurNoroS. March Is.

tcrs OF the Army" Washington, d o. March
s, 1868, has been addressed by Major Gen.
Halleck to Major Gen. w. s. Rosecrans,
Murfreesboro, Tenn: atI.f tnr
General / have Just received Major Gen.
Reynolds letter Of Feb. 10, with your en-.
dorsmont of Feb. Is. The suggestions Of Gen.
Reynolds and Gen. Thomas with regard to a
more rigid treatment of disloyal persons with.
IN the lines of your army are approved. No
additional instructions from these headquar
tiers ore deemed necessary. You have already
been urged to procure your subsistence, for
age and means of transportation, 70 far MS
possible, in the country occupied. This you
had right to do without any instructions.
As the commanding general in the field you
have tho right to enforce all the laws and usa.
ges Of war, however rigid and severe thesc
may be, unless there be some act OF Congress,
regulation, order or instruction forbidding or
restricting such enforcement. As q general
rule, you must always be the judge where II
It best to rigidly apply these laws, and where
q more leicnt course would be OF greater nd.
vantage to our cause. Distinctions, how
ever, should always DO made in regard to the
character Of the people in the district of coun.
try which is militarily occupied or passed
over, and the people Of the country in which
you are likely to operate may be divided into
classes. 80.
LIST. The truly loyal, who neither aid or
asset the rebels except under compulsion. but
who assist the Union troops. Where 1t car
possibly be avoided, this class OF persons
should not be subjected to military requisi-
tions but should receive the protection Of
our arms. 1t may, however, be necessary
sometimes to take their property either fo'
our own use or to prevent its falling into the
hands OF the enemy. They will be paid a'
the time the value of such property, or, u
that be impracticablc. they will DO hereafter
fully Unidentified. Receipts should DO given
for NIL property so taken without being
paid for.
I'd. Those who take no part in the war,
but belong to the class known Us military
non.combatants. In civil war lie that
now waged, his class is supposed to sympa.
thize with the rebellion rather than with the
Government. There can be no such thing MS
neutrality in rebellion. This term is appli.
cable only to foreign powers. Such persons,
80 long us they commit no hostile act, and
confne themselves to their private avoca-
tions, are not to DO molested by the military
force, nor is their property to BIO seized ex-
cept MS military necessity. They, however,
are subject to forced loans and military, TO-
QUESTIONS, and their houses to bllcts for sol.
dicrs' quarters and to appropriation for other
temporary military uses. Subject to their
impositions, tho non-combatant inhabitants
ola district militarily occupied by one Of the
belligerents are entitled to the military pro.
lection Of the occupying force. But while
entitled to such protection they incur very
serious Observation-Disclosures differing in
some respect from those Of civil allegiance.
but equally binding. For example, those
who rise in arms against the occupying army
or against the authority established by the
samc, are war rebels or military traitors and
incur the penalty of death. They are not
entitled to be considered as prisoners Of wdr
when captured their properly is subject to
military seizure and military contiscation.
Military treasons of this kind Is broadly dis.
tingulshed from the treason defined in consti-
tutional and statutory laws and made pun
ishable by the civil Courts. Military trea-
son is military ofiense punishable by the
common law Of war. I.... $500.
Again, persons belonging to such occupied
territory and within the military lines of the
occupying forces can give no information to
the enemy Of the occupying power without
proper authority to do 30. The party forIeits
not only all claim to protection, but subjects
himself to be punished either rs spy or
military traitor, according to the character
Of the particular oflense. Our treatment Of
such ofienses and such offenders has hither-
to been altogether too lenient. A more strict
enforcement Of the laws of war in this res
pect is recommended. Such offenders should
be made to understand tho penalties they in.
cur, and to know that these penalties will be
rigidly enforced. .
Sd. Those who are openly and avowedly
hostile to the occupying army, but who do
not bear arms against such forces. In other
words, while claiming to be non.combatants
they repudiate. tacitly or implicitly, obliga.
tions incurred by the other inhabitants of the
occupied territory. Such persons not only
incur oil the obligations imposed upon tho
other non combatant inhabitants Of the same
territory, and are liable to the same punish.
ment for offences committed, but they may
be treated as prisoners Of war, and be sub
ject to the rigors OF confinement or to expul.
sion as combattant enemies. am OF opinion
that such persons should not, as a general
rule, be permitted to 60 at large within our
lines. To force those capable of bearing
arms to 90 within the lines Of tho enemy
adds to his effective forces. To place them
in confinement will require guards and neces.
sarily diminish our strength. You will do.
tertninc in each particular case which course
will DO tho most advantageous. We have
suffered very severely from this class, and il
is time the laws OF war should be more Wig.
orously enforced against them. a broard
line of distinction must DO drawn between
friends and enemies, loyal and disloyal.
The foregoing remarks have reference only
TO the military status and to military oilen-
es under the Constitution and general laws
OF the land. The laws and usages OF civilized
war must DO your guido in tho treatment OF
oil classes of persons in the country in which
your army may operate or which 1t may oc.
cupy, and you will be permitted to decide
for Yourself where IL is best to net with ris
COR, and where best to be more lenient -
You will not DO trammelcd with minute In
structions.
Very respectfully, your obi servant
iIgi t II. w. HALLEcx.
't General-in.C Chief.