, 1863-03-18

value Of such property, or, if that be iinprac-
tlcab!e. they will hereafter be fully indemni-
fed. Receipts should be given for all pro-
perry SO taken without being paid for:
btsond-TAose who take no part in the war,
non-combatants. In civil war like that now
waged, this class Is supposed to sYmpathize
with the rebellion rather than with the Gov
ernmcn'. There can be no such thing as neu-
trality u rebellion. This term is applicable
long as they commit no hostile act, ard con
fine themselves 10 their private ayocations,
arc not to be molested by the military
lorccs, ror is their property to be
seized except as military necessity. They,
however, arc subject to forced loans aad
military acquisitions, and their houses to bill
lets fur soldiers quarters, and to appropria-
tion for other temporary military uses. Sab
jcct to these impositions, the nou.combatant
inhabitants ofa district lnilitarily occupied by
one Of the bclligerents arc entitled to the
military. protection of the oecupying forces.
incur yery serious obligations-obIga
differing i'll some respects 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 same, arc 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 conflscation.
Military treason Of this kind is broadly distin-
guished from the treason defined in constitu-
tional and statutory laws, and made punish
able by the civil courts.
Military treason Is 4 military off-nse, pun
iElablc by tile common laW Of war. Again,
persons belonging to such occupied Territory,
and within the military lines Of the occupy
ing forces, can give no information to the
enemy Of the ocenpying power, without
1J$1,o dr. +t.,.x, e.
not only all claims to protection, but subjects
himself or herself to be punished, either as a
spy Or military traitor, according to the char
actcr Of the particular ofIense. Our treat
ment Of such o1enses and such offenders has
hitherto been altogether too lenicnt. A more
strict enforcement Of the 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 rigidly enforced.
Third Those who are openly and avowedly
hostile to tic occupying army, but who do
not bear arms against such forces. In other
words, Willie c1aitning TO be non-comba at:ants,
they repudiate obligations tacitly or i1npli-
| cdly incurred by the other inhabitants Of the
occupied territory. Such persons not only
incur all the obligations imposed upon the
! other on-combatant Inhabitants Of the same
ment for offences committed, but they may be
| treated as prisoners of war and be subjected
| TO tile rjgors Of confinement or to expulsion
| as contbatant enemies. am OF tile opinion
| that such persons should mot, as a general
| rule, be- permitted to 60 at large within oul
| lines. To force those capable OF bearing arms
| to 60 within the lines Of the enemy adds to
his effective forces. To place
them in confinement will require
| guards aud necessarily diminish ours. You
will determine at each particular case which
| coursc will be most advantageous. We haye
suffered very severely from that class, and II
is time the laws Of war should be more rigor
ous]y enforced against them. Abroad line o
distinction must be drawn between friend:
and enemies, loyal and disloyal.
The foregoing remarks hare reference onl,
to the military offences under the laws Of war
They are not applicable to civil offences nnde
the Constitution and general laws Of the land
Thclaw and usages Of civilized war must b.
! your guide in the treatment of NIL classes Q
| persons in the country in which your arm,
| may operate or which it it may occupy; AMI
you will be permitted to decide for yourscl
Wlcre il is ucst to act with rigor and whc1
| best to be more 1enient. You will not h
! fra,nmclcd with minute instructions. Yer
respectfully, your obcdlcnt servant,
H ". UALLEcK,
| EAnare1 In .fh;ef