The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1863-03-21


HalleclS 10 Major General Rosecrans
commanding OF Murlreesboro, Tennessee:
GENERAL: have Just received Major
Gen. j. j. Reynolds letter Of February
10, with your Endorsement Of February
| 10 The suggestions Of Gen. Reynolds
| and Gen Thomas. in regard 10 he more
tieid treatment Of all disloysl persons
within the lines Of your army, are app
pr we'd Noadditional instructions from
lhese headquarters are deemed necessary,
You have already been urged 10 procure
,ur subsistence, forage, aud tneans Of
transportation, so far az possible, IA the
| country occupied. This you had the
right 20 do without any Instructions.
AS the commanding General 10 the field,
you have the power 20 enforce all the
laws and usages Of war, however rigid
and severe these may be, unless there be
some act Of Congress, regulation, order,
w instruction forbidding or restricting
such enforcement. AS the general rule,
you must be the judge where IL is best to
igidly apply these laws, and where
more lenent course is Of greater alvan-
tages TO our cause Distinctions, how
ever, should always be made in regard TO
the character Of the people in the al strict
of country which is milita,ily occup led
| pr passed over. The people OF the
country 10 which you are likely TO ope-
rat, may be divided into three classes {:
Fret. The truly loyal, who neither
aid nor assist the rebels except under
| compusion, but who favor or assist the
| Union forces. Where il can p)sibly DO
| avoided, this class Of persons should not
ne subjected TO mill airy r,quisilions,s but
! hon'd receive the protection flour arms.
| Il may howe We, sometimes be necessary
10 take their property, either for our own
,se or TO prevent its falling into the
hands Of the enemy. They will be paid,
u The time, lhr value Of such property,
or, if that he impracticable, they will
hereafter be fully iDdenniiied Receipts
should be given tor all property so taken
without being paid for,
Second. Those who take no active
part in the war, but belong TO the class
,nown in military law as nom combat
ants. In q civil war, like that now wag-
d, this class is supposed to sympatbize
With the rebellion, rather than with the
Government. There can be 10 su, b
ming as neutrality in rebellion. This
tenn is applicable only to foreign pow
ers. Such persons, so long as the com
| nit no hostile act, and coItne them.
selves to their private ay, cations, are not
| to .be moles'ed by military forces; nor
their property to be seized, except az a
military necessity. They are. however,
subject to forced leans and military re
quisilious, and their houses TO be let for
soldiers quarters, and 70 appropriate n
tor other temporary military uses. Sub
iect to these impdsittOns the non COM
Blatant inhabitants of districtof ,un
iry miitsrlly occupied by one of the
beiligerenis are entitled TO the military
protection of the occupying forces; but
while entitled to such protection they in
cur very serious obligations Lob
legations differing in some degree
from those of civil allegiance, but
equally binding. For example; those
who rise in arms against the OCCUPYING
army, or against the authority establish
ed by the same, are rebels or military
traitors and iucur 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 cOntiscation. Military trea-
son of this kind is broadly distinguished
from the treason defined in The conslitu-
,ional ADD statutory laws aud made pun
ishable by the civil courts. Military
treason is military oiiense, punishable
by the common laws of war. Again,
persons belonging to such occupied Terri
tory, and within the military lines of the
occupy ing force, can give no information
TO the enemy, OF the occupying force
without proper authority. TO do so, the
party not Only fOrteils all claim to pro-
lection, but subjects himself or herself
to be punished either as a spy or militia
nv traitor, according TO tue character Of
the particular Oilense. Our treatment OF
such offenses and such offenders has hilh-
erto been altogether TO lenient. A more
strict enforcement OF the laws of war in
this respect is recommended. Such OF.
tenders should be made to understand
the penalties they incur; and 10 know
these penalties would be rigidly enforced
Third. Those who are openly aud
avowedly hostile 10 the occupying my,
but who do not bear arms against such
forces In other words, while claiming
to be non combattants, they repudiatc
the obligations tacitly or implicitly in-
Cured by the other inhabitants Of the
occupied territory Such persons not
only incur all the sblgatiOus imposed
upon other non combatant inhabitants
Of the same territory, and are liable IL
The same punishment, fer ollenses com
| omitted but they may be treated as pris-
oners Of war, an subjected 10 the rigprs
OF confinement or expulsion, "a non com.
J blatant enemies. AN OF opinion that
such persons should not, as general rule
he permitted TO go at large within out
. lines. To force those capable of bear
; ing arms TO 60 within the lines Of III,
Z enemy, adds TO his tlecuge force. f,
J place them in confinement will requir,
! guards for their safe keeping, and hi,
necessarily diminishes our electiy,
forces in the field. You must detefmin,
ia each particular case, which course vii
be most advantageous, We hays sunered
) very severely from this class and 10 i,
Z time that the laws of war should b.
, more vigorously enforced against them
A broad lme Of distinction must b.
r drawn between the friends and euemit
between the loyal anu disl0yaL
The foregoing remarke have reierenc
only 10 military statutes and 20 military
, oHeusrs, under the laws OF war The
/. are not applicable 60 CIVIL ollenses uude
the Consultation and general lava of IA