The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1863-06-06
GENERAL ORDERS, NO. 80.
Headquarters DErARrMEsr OF THE MIssOURr,l

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this Department, and for the convenience of
District Commanders, Judge Advocates, and
Military Courts, the following laws of war
md general instructions are prescribed.-
Judge Advocates will be governed accord
ingy, in drawing their charges, and Militia
ry Courts in their findings, throughout this
Department.
l. The Spy Some questions having
arisen, where authorizes cannot be convent
emily referred To, as to what constitutes a
! Spy, attention is invited to the following:
Spies are persons, who. in disguise, or
unde'- false pretenses, insinuate themselves
among the enemy, In order to discover the
state of his affairs, to pry into his designs,
and then communicate to their employer the
information thus obtained"
1.-THE term spy is frequently applied to
persons sent to reconnoiter an enemy's po-
sitIon, his forces, defenses, etc., but not in
disguise. or under false pretenses. Such,
however. are not spies in the sense in hich
that term Is used in military and interna
tiOnal law; nor are persons 50 employed liza
bic TO any more rigorous treatment than or
binary prisoners Of war. 1t is the disguise
or false pretenSe, which constitutes the per-
tidy, and forms the essential elements of the
crime, which by the laws of war, is punish
able with an ignominious 49, Halleck,
Int. Law, Oh. Is. S26.
''It may be added here, that a person
proved to be regular soldier of the enemy's
army, found in citizens dress (dsguise)
within the lines of the captor, is universally
dealt with as a spy Lieber.
IF he Tin the service of the enemy comes
in disguise or under false preteuses. for the
purpose of obtaining military information,
he is spy. fhe as IN the service of the enc
eng. and he comes IN Disguise. the lar pre-
sunaes him to be a spy - Letter of nstruc-
lions from Maj. Gen. HalIeck, Commander
in Chief
II. CORRESPONDENCE WITH THE ENEMY,
MAIL CARRYING, &C.-"A person dwelling
in district under military occupation and
! giving information to the enemy, is uniUer-
sally treated as sPy-a spy of peculiarly
! dangerous character. Even
mere secret correspondence Of person in an
unoccupied district with the enemy, though
! the contents Of the correspondence may
have been innocent, has subjected the cor
respondent to serious consequences, and
sometimes to the rgor of martial law, espe-
cially if the offense be committed after proc
| lamatIOn to the contrary. The
spy becomes, in this case, peculiarly dan
gerous, making hostile use of the protection
which, by the modern laws of war, the vic
tor extends to the persons and property of
the conquered"
By the 57th Article of War, whatsoever
shall he convicted of holding correspondence
with or giving intelligence to the enemy.
either directly or indirectly, shall suffer death
or such other punishment as shall be order
ed bv the sentence of Court Martial
Persons engaged in carrying such CORE
spondence will be held liable to the same
punishment as the correspondents them
selves.
III. GUERILLA.-Under the general term
of Guerilla will be more particularly consid-
cred:
lst. Military Insurgents or Var Rebels
The war rebel Is defined by Lieber as fol
lows: "SimIlar remarks referring to those
gwen under the preceding bead) apply to the
rebel, taking the word in the primitive
meaning Of re6eliare. that is, to return to
war after having been conquered: and to
conspiracies. that is, secret agreements lead
ing to such reassumption of arms in handa
Of whatever number, or, which is still
worse. plans to murder from secret places.
1.-The war rebel has been universally
treated with the utmost rigor of the military
law. He exposes the occupying army to the
greatest danger. and essentially interferes
with the mitigation of the severity of war,
which is one of the noblest objects of the
modern law of war to obtain. Whether the
war rebel rises on his own account or
whether be has been secretly called upon by
the enemy to do So, would make no differ
ence whatever"
And particular attention is further called
10 the following extract from a letter of in
structions, addressed by the Genera-in-
Chief to the Commanding General of this
Department:
"All of Missouri is now in the military
occupation of the United States. The in
habilants are therefore bound by the laws
of war (without any regard to their civil
/ allegiance TO the Government of the United
States, as the sovereign power) to render
obedience to the occupying military author
/ lty. Ii they take up arms in instruction,
or render aid and assistance to the enemy,
they become military insurgents or military
traitors, and thereby forfeit their lives and
property. Every one who was not In arms
at the time of the occupation and who has
not continued in arms, but who subsequent
ly takes up arms within the territory mill
tarily occupied by Us. e not to be regarded
IS prisoner of war. but is to be punished
as military insurgent- So every one, be
he citizen of Missouri or not. who comes
within our lines as a non COMPLAINT, and
afterward takes up arms. is a military In
surgent.''
The above remarks are applicable to all
other parts of this Department now in the