The New York herald., 1863-03-16
TREATMENT OF DlsloYaL PERSONS.

HEADQUARTERS or THE ARMY, I
~ cutN.-rrM - q Aarrh vaax

HEADQUAnT or THE ARMY,
WARRINGTON, u. C., March 8, 1855.
MAJoa GENERAL W. s. RosEoRASs AuRFREEsf ORC, TENN.
GKSrRAL-I hive just received Major General Reynolds
Ietor Of February TO- with your endorsement OF ebru
ary 49, The suggestions of General Reynolds and Gene
raj Thomas with regard to rigid treatment OF dis
loyal persons within the lines Of your army approved
No additional instructions from these hoadl tors
deemed necessary
You have already boen urged procure your bsst
forage and OF transportation, far as posi-
ble in the country occupied. This you had right to 10
without any Instructions. AS tho Commanding General
Ia the field you have the right to enforce all the laws
and usages OF however rigid aud severe th,y may
be- unless there be act OF Congress, resualirn
order instruction forbddpg restricting such Ell
forcement AS general rulo you mnst always bc the
judge when it is best 70 .rgldy apply these laws and
when lenent course would be Of greater advsu
tage to our cause.
Distinctions, however, shoull always be made in regard
to the character OF the people In the district OF country
which nhtarily occupied passed rhe people
Of the country In which are likely to operate may be
F,st-lbs truly loyal, who nethor aid nor assist The
rebels except under compasion but who favor o. s s
the Union troops Where IL possibly be avoided his
Of pcrssns sh uld not he subjected 70 military Fe'
gu.tisns but should receive the protection OF our ms
II may, however, DO necessary sncties u take thex
property, either FOR or 10 prevent its Ealing
into the hands o the enemy. They will be rad a tht
blc they win hereafter be fully indcmnIed. iocse.s
should be given for all property SO taken without boni
eoond-Those who take part the war, but belong
to the cass known military combatants IN civB
like that wagci this class rs supposed 10 syia
thze with tho rebellion rather than with the govern.
ment. There be such thing as neutrality ~
rebellion. This term is applicable only TO foreign owers
Suci persons, long they commit no hostile act
and conne themselves to their private not
to be molested by the military forces nor Is their pro
perty to be seized except military necessity they,
howe subject " forced loans and military
qusitions aud their houses 70 bes Tor 20 ders quarters
aad to approp opriaton for other temporary military
subject 10 these impositions. tho n-combatant habi
tants OF district miary occupied by Of Nae beiit
gerents entitled - the military protection a tho
cupying forces But while entitled to sch projections
they rcur very serious obs onsobisa,ons daering
in respects from those ~ civ aegia but equally
binding FOR example, those who rise Il aganst the
occupy ing army against the authority established by
the same, rebe military traitors and
the penalty OF death. Thsy not cntod - be
siderc prisoners Of war when captured. Their pro.
perty subject military seizure and military connca
tion Military this kind is broadly distinguished
from the defined constitutional and statutory
| laws aud made punishable by the civil courts.
Military treason is military offence ru, habe by Tie
common law Of war Again, PERSONS bel ngng W such
occupying forces can give no information to the enemy q
the Occupying power with u proper authority To do
subjects himself herself punished either spy
or militia traitor according TO the character Of the ar
offenders has hitherto been altogether len,ent.
more strict enforcement OF avs Of war In THIS respect
recommended. Such offenders should be made
penalties will be rigidly enforced.
rhi,d-Those who are openly and avowedy hostile 70
the occupying army but who do not bear asansS
such forces In other words while claiming be
combaants, they repudaie obligations tacitiy imp
edy incurred by tie other inhabitants o the ccupicd
territory Such persons not only incur all the obliga.
tions imposed upon the other oncombataut inhapi.
tants OF the territory, and liable TO ths
same punishment for offences committed, but they
may be treated prisoners OF war and Be
subjected to the rigors OF confinement expulsn ~
combaant enemies am of the opinion that such psg.
should not, general rule be permitted 10 nj
large within lines. To forcs tn capable of bearing
arms to go within the lines Of the enemy adds b eH
fective forces To place them In confinement will irs
guards and necessarily diLnish You will deter
mine In each particular which will be
Advantageous We have suffered very severely from thu
class and is time the laws Of should be lg-
orously enforced against them broad line o. dstnc
tion must be drawn between friends and enemie lcyai
and dlsloyal.
The foregoing remarks have reference only tho mill
apy status and to military offences under the laws VI
They not applicable TO civil offences under tho cons
tston and general laws OF the land. the laws aud usages
Of civilized must be your guide the of
all classes of persons the country In which your army
may operate or which IL may occupy; and You win be
permitted to decide yourself where Is best 20 act th
rgor and when bos TO be more enent You WI u not be
trammeed with minute instructions. Very respectful
ly, your obedient servant, II. W, HALLEen.
General in. thief.
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