War of the Rebellion: Serial 033 Page 0238 MO.,ARK.,KANS.,IND. T., AND DEPT. N. W. Chapter XXXIV.

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to such reassumption of arms in bands of whatever number, or, which is still worse, plans to murder from secret places.

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 it is one of the noblest objects of the modern law of war to obtain. Whether the war rebel rise on his own account, or whether he had been secretly called upon by the enemy to do so, would make no difference whatever.

And particular attention is further called to the following extract from a letter of instructions, addressed by the General-in-Chief to the commanding general of this department:

All of Missouri is now in the military occupation of the United States. The inhabitants 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 authority. If they take up arms in insurrection, 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 subsequently takes up arms within the territory militarily occupied by us, is not to be regarded as a prisoner of war, but is to be punished as a military insurgent. So every one, be he a citizen of Missouri or not, who come within our lines as a non-combatant, and afterward take up arms, is a military insurgent.

The above remarks are applicable to all other parts of this department now in the military occupation of the United States.

officers or men sent by the enemy within our lines to recruit, thereby inciting insurrection, become themselves (when not indeed actual spies) military insurgents. Such also are Knights of the Golden Circle, and members of other secret organizations looking to any opposition to the laws of the United States, being in the nature of conspirators.

Whoever shall be convicted as a military insurgent shall suffer death, according to the usages of nations, by sentence of a military commission.

2nd. The Partisan:

The partisan corps designates bodies detached from the main army. * * * The partisan leader commands a corps whose object is to injure the enemy by action separate from that of his own main army. The partisan acts chiefly upon the enemy's lines of connection and communication, and outside of or beyond the lines of operation of his own army, in the rear and on the flanks of the enemy. Rapid and varying movements and surprises are the chief means of his success; but he is part and parcel of the army, and, as such, considered entitled to the privileges of the laws of war, so long as he does not transgress them.

Partisan soldiers must have the organization and equipment of soldiers, or they are brigands or guerrillas, and will be punished as such.

3rd The Brigand:

The brigand is, in military language, the soldier who detaches himself from his troops and commits robbery, naturally accompanied in many cases with murder and other crimes of violence. His punishment, inflicted even by hi own authorities, is death. The word brigand, derived as it is from bringer, to beg, meant originally beggar, but it soon came to be applied to armed strollers, a class of men which swarmed in all countries in the middle ages. The term has, however, received a wider meaning in modern military terminology. He that assails the enemy without or against the authority of his own Government is called, even though his object should be wholly free from any intention of pillage, a brigand, subject to the infliction of death, if captured. * * * When Major Von Schill, commanding a Prussian regiment of hussars, marched, in the year 1809, against the French, without the order of his Government, for the purpose of causing a rising of the people in the north of Germany, while Napoleon was occupied in the south with Austria, Schill was declared by napoleon and his brother, a brigand; and the King of Westphalia, Jerome Bonaparte, offered a reward of 10,000 francs for his head. Schill was killed in battle; but 12 young officers of his troops, taken prisoners, were carried by the French to the Fortress Wesel, where a court-martial declared them prisoners of war. Napoleon quashed the finding, ordered a new court-martial, and they were all shot as brigands. Napoleon is not cited here as an authority in the law of war; he and many of his generals