War of the Rebellion: Serial 008 Page 0406 OPERATIONS IN MO., ARK., KANS., AND IND. T. Chapter XVIII.

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shot a spies. It should be remembered that in this respect the laws of war make no distinction of sex; all are liable to the same penalty.

VII. Persons not commissioned or enlisted in the service of the so called Confederate States, who commit acts of hostility, will not be treated as prisoners of war, but will be held and punished as criminals. And all persons found guilty of murder, robberty, theft, pillaging, and marauding, under whatever authority, will either be shot or otherwise less severely punished, as is prescribed by the Rules and Articles of War, or authorized by the usages and customs of war in like cases.

VIII. The law of military rataliation has fixed and well-established rules. While it allows no cruel or barbarous acts on our part in rataliation for lilke acts of the enemy, it permits any retaliatory measures within the prescribed limits of military usage. If the enemy murders and robs Union men, we are not justified in murdering and robbing other persons who are in a legal sense enemies to our Government, but we may enfofce on them the severest penalties justified by the laws of war for the crimes of their fellow rebels. The rebel forces in the southwestern counties of this State have robbed and plundered the peaceful non-combatant inhabitants, taking from them their clothing and means of subsistence. Men, women, and children have alike been stripped and plundered. Thousands of such persons are finding their way to this city barefooted, half clad, and in a destitute and starving condition. Humanity and justice require that these suffering should be relieved and that the outrages committed upon them should be retaliated upon the enemy. The individuals who have directly caused these sufferings are at present mostly beyond our reach. But there are in this city and in other places within our lines numerous wealthy secessionists who render aid, assistance, and encouragement to those who commit these outrages. They do not themselves rob and plunder, but they abet and coutenance these acts in others. Altough less bold, they are equally guilty. It is therefore ordered and directed that the provost-marshals immeditely inquire into the condition of the persons so driven from their homes, and that measures be taken to quarter them in the houses, and to feed and clothe them at the expense of avowed secessionists and of those who are found guilty of giving aid, assistance, and encouragement to the enemy.

IX. The laws of the United States confiscate the property of any master in a slave used for insurrectionary purposes. Should Congress extend this penalty to the property of all rebels in arms, or giving aid, assistance, and encouragement to the enemy, such provisions will be strictly enforced. Military officers do not make laws, but they should obey and enforce them when made.

X. Where the necessities of service require it, the forced labor of citizens, slaves, and even prisoners of war, may be employed in the construction of military defenses, but no one will be forced to such labor without orders from these headquarters, except in case of siege or attack. All persons so impressed will be fed and quartered at the public expense, and an account be taken of their labor, to be settle as may be directed by the War Department. All such working parties will be strictly guarded, and kept as far as possible from communicating with the command where employed.

XI. These orders may b some be regarded as severe, but they are certainly justified by the laws of war, and it it believed they are not only right, but necessary; it is therefore expected that all loyal citizens in this department will assist the military authorities in strictly enforcing them. There is already a large military force in this State,