frequently substitutes the harshest violence for martial usages. The casets mentioned as an illustration of the meaning attached to the word brigand in the law of war, and of the fact that a death is the acknowledged punishment for the brigand.
Whoever shall be convicted as a brigand, no matter whether of our own forces or those of the enemy, shall suffer death, according to the usage of nations, by sentence of a military commission.
4th. The Guerrilla Proper.-Guerrillas proper may be defined as--
Troops not belonging to a regular army, consisting of volunteers, perhaps self-constituted, but generally raised [within the lines of the enemy as a contradistinction from military insurgents] by individuals authorized to do so by the authority they acknowledge as their Government. They do not stand on the regular pay-roll of the army, or are not paid at all, take up arms and lay them down at intervals, and carry on petty war chiefly by raids, extortion, destruction, and massacre, and who cannot encumber themselves with many prisoners, and will, therefore, generally give no quarter. They are peculiarly dangerous, because they easily evade pursuit, and, by laing down their arms, become insidious enemies, because they cannot otherwise subsist than by rapine, and almost always degenerate into simple robbers or brigands.
Whoever shall be convicted as a guerrilla under this order shall suffer death, according to the usage of nations, by sentence of a military commission.
IV. RELIEVING THE ENEMY.-Fifty-sixth Article of War:
Whoever shall relieve the enemy with money, victuals, or ammunition, or shall knowingly harbor or protect an enemy, shall suffer death, or such other punishment as shall be ordered by the sentence of a court-martial.
Those harboring and feeding guerrillas are induced in this class, and will be so punished.
V. DISLOYAL PERSONS.-All persons not in the military service, who shall be convicted of disloyal expressions, oral, written, or printed, favoring the rebellion, shall be punished therefor by fine [assessment] or imprisonment, or both, or by being beyond the lines, by sentence of a military commission.
VI. TRANSGRESSION OF THE LAWS OF WAR is generally punishable by sentence of a military commission, and commanders will see that the strictest punishment is inflicted not less rigorously on the enemy than upon those of our own men who transgress them. It is only by strict adherence to these laws (and the more strict conformity should now be required because of the character of this war) that we can hope to restore peace to our distracted homes. We are at war with those who were brothers, friends, neighbors. They are ow enemies. While we show them the severity of military power, we must to forget that it is our object to bring them back again to the relations enjoyed in past times, and all infliction are only designed to subdue the rebellion.
Although assessments have been suspended in this department, they are to abrogated. No law of Congress or restraining order revokes the laws of war, which apply to confiscation of property to weaken the foe and strengthen ourselves. Property can and will be confiscated as occasion may justify. General Orders, Numbers 12, current series, of this department, relating to this matter, will be observed.
The following extract from International Law, and Laws of War, by H. W. Halleck, now General-in-Chief of the Army, will suffice for field instructions:
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SEC. 12. Private property on land is now, as a general rule of war, exempt from seizure or confiscation; and this general exemption extends even to cases of absolute and unqualified conquest. Some older text writers-hautefeuille, for example-contend for the ancient rule, that private property on land is subject to seizure and confiscation.