also liberate. Of course if I request of the general their release by next mail I will be unable to relieve any others here in their stead, unless you should capture some more of my fellows.
Please accept the old rye in charge of Captain Grace; sorry it's not better, but 'tis the best I have.
I am, major, very respectfully, your obedient servant,
R. R. LIVINGSTON,
GENERAL ORDERS, HDQRS. DIST. NORTHEASTERN ARKANSAS, No. 6. Batesville, Ark., January 11, 1864.
For the information of the inhabitants of this district and for the guidance of the troops of this command, the following regulations, based upon the laws of war, are republished, and will govern in all cases where they are applicable:
I. MARTIAL LAW.-A place, district, or country occupied by an enemy stands, in consequence of the occupation, under martial law of the invading or occupying army, whether any proclamation declaring martial law or any public warning to the inhabitants has been issued or not. Martial law is the immediate and direct effect and consequence of occupation or conquest. The presence of a hostile army proclaims its martial law. Martial law is simply military authority exercised in accordance with the laws and usages of war. Military oppression is not martial law; it is the abuse of the power which that law confers. As martial law is executed by military force, it is incumbent upon those who administer it to be quided by the principles of justice, humanity, and honor-virtues adorning a soldier even more than other men, for the very reason that he possesses the power of his arms against the unarmed.
II. SPIES.-1. Any person in the service of the enemy coming within the lines of military occupation in disguise, or under false pretenses, for the purpose of obtaining information, and not with a view of surrendering himself to the military authorities, will be considered and treated as a spy.
2. If a citizen obtains information in a legitimate manner and betrays it to the enemy, be he a military or civil officer or a private citizen, he shall suffer death.
3. Under the law of war, any person in a district under martial law who, unauthorized by the military commander, gives information to the enemy of any kind whatever or holds intercourse with him, will be treated as a war traitor or spy.
4. All unauthorized or secret communication with the enemy is considered treasonable by the law of war, and parties guilty of this offense will be dealt with in accordance with the sentence of a military commission.
5. The law of war, like the criminal law regarding other offenses, makes no difference on account of the differences of sexes or the age of guilty parties, concerning the spy, the war traitor, or the war rebel.
6. Spies, war traitors, and war rebels are not exchanged, according to the common law of war.
7. A successful spy or war traitor, safely returned to his own army, and afterward captured as an enemy, is not subject to punishment for his acts as a spy or war traitor, but may be held in more rigorous confinement.
5 R R-VOL XXXIV, PT II