Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-03-31
Enporfanf Letter frstn GeneraI MaIIeck
20 General EEOsecrRHH.
HEADQUARTERS OF TIE ARMY, I
WAsHiNGToN, d. c., March 8, 1863.

HEADQUARTERS OF THE ARMY,
WAsHINGToN, D. C., March 5, 1868.
Major Gensral W s. Rosecraus, Murfressboro, Tenn:
! GENERAL: hsve Just received Maior-Gsne
! raj Reynolds letter OF February 10, with you
| Endorsement Of February l8. The suggestion
/ of General Reynolds and General Thomas viii
regard to = more rigid treatment Of dislOysl per-
sons within the lines Of your army are approved.
I No additional instructions fTom these heRdqusr
ters are deemed necessary.
You have already been urged to procure
your subsistence, forage and means Of trsnspOr
tation, so far as possible, IN the country occu.
pied. This you had a right to do without IN
strucHons. As the commanding general in the
field you have the right to enforce al the laws
and usages of war, however rigid and severe
they may be, unless there be some act of Con-
eresss, regulation, order or instruction forbid
ding or restricting such enforcement. As a
general rule you must always be the Judge
when it be best to rigidly apply these laws, and
when more lenient course would be of greater
advantage to our cause.
Distinctions, hewever, should always be made
in regard to the character of the people in the
district of country which is militsrily occupied
or passed over. The psople of the country in
which you are likely to operate may be divided
into three classes.
I. The truly loyal, who neither aid nor assist
! the rebels except under cempulsion, but who
| favor or assist the Union troops. Where it can
possibly be avoided this class of persons should
not be subjected to military regulations, but
should receive the protection of Our arms. It
may, however, be necessary sometimes to take
their property, either for our own use or to pre-
vent its falling into the hands of the enemy.
! They will be paid at the time the value Of such
property, or if that be imprseticable, they will
hereafter be fully indemnifed Receipts should
be given for all property SO taken without being
| paid for
2. Those who tske no part in the war
but belong to the class known as military non
! cOmbstsn's. In a civil war ike that now waged
! this class is supposed to sYmpa shizs with the
rebellion rather than with the government
! There can be no such thing as neutrality in e
rebellion This term is only applicable to for
| eign powers. Such persons, so long as they
! commit no hostile act and confne themselves
I to their private svoc3tons are not TO be mo-
Tested By the military forces nor is their properly
| to be seized except as a military necessity.
/ They, however, are subject TO forced losns and
military requisiti0ns, and their houses 10 billets
| for soldiers quarters and to appropriation for
/ other temporary military uses Subject TO these
/ impositiOns, the non-combatant inhabitants Of a
district militaJly occupied by one of the bellige
rents are entitled ID the military protection Of
| the occupying forces. Bat while entitled to
such protection they incur very serious obliga
/ tions-obligstions differing in some respects
| frem those of civil allegiance, but equally
| bioding. For example. those who rise 10
arms against the occupying army or against
tho authority established by the same, are
war rebels or military traitors, and incur
the penalty Of death. They are not entitled to
be considered as prisoners of war when captured
Their property is subject to military seizure and
military con6scatiOn. Military treason of this
kind is broadly distinguished from the treason
defined in constitutional and statutory laws and
made punishable by the civil courts. Military
treason Is a military offenss punishable by the
common lsw of war. Again, persons belonging
to such occupied territory and within the mill
tary lines of the occupying forces can give no
information TO the enemy of the occupying
power without proper authority. To do SO the
party forfeiis not only all claim to protection,
but sub jects himself or herself to be punished
either as spy OF military traitor, ACCORDING to
the character of the particular offense Our
treatment Of such offsnses and such offenders
has hitherto been altogethar too lenient. A
more strict enforcement of laws of war IN this
respect is recommended Such offenders should
be made TO understand the penalties they incur,
and TO know that these penalties will be Tigidly
enforced.
3, Those who arc openly and avowedly
hostile to the occupying army, but who do not
baar arms against such forces in other words,
while claiming to be non-combatants they re-
pudiate obligations tacitly or impliedly Incurred
by the other inhabitants Of the occupied terri
tory. Slch persons not only incur ell the Obli-
cations imposed upon tha other non-combatant
inhabitants Of the same territory, and are liable
to the same punishment for offenses committed,
but they may be treated as prisoners Of war and
bs subjected to the Tigors Of confinement or to
expulsion as combetsnt enemies. ] am Of the
opinion that such persons should not, as gen.
eral rule. be permitted to 60 At large within cur
lines. To force those capable Of bearing arms
to go within The lines of the enemy adds to bis
effective forcss TO place them in confinement
viii require guards and necessarily diminish
ours. You viii detsrmine in each particular
case which course will be most advantageous
We have suffered very severely from this class,
and it is time the laws of war should be more
regularly enforced against them A broad line
of distinction must be drawn between friends
and enemies, loyal aud disloyal.
The foregoing remarks have reference only to
the military status and to military offsnses under
the laws Of war They are not applicable to
civil oAsnses under the constitution and gene
raj laws Of the land. The laws and usages of
civilized war must be your guide in the treat
naens of all kinds Of persons in the country
10 which your army may operate or which it
rnsy occupy and you viii be permitted to de-
eide for yourself where Il is best to act with
rigor and when best to Be more lenient. You
will not be more trammeled with minute in
strnctious.
Very respectfully your obqdient servant,
81. w. HALLECK,
COMMANDMENTS