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Important Order By Generla Hallock

Important Order By Generla Hallock image
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GEKEEAL OKDEKS, NO. 1. He ídquaütüub Dkfabtmï nt of the Missouri.) Sr Looi, Mo.. Jan 1, 1868. ) 1. In carrying on war io a portion cf ccnjntrp ocoupied, or threatened to be at taokod by an oneiiiy, whother within or without the tcrritory of the United States, crimes and n-ilitary offonees are frequontly committcd ■nhioli are ïiot i able or punishable by oourts martial, and whieli are nut within the jurisdiotion oí any existing civil' courta. Such cases, however must be investigated, nnd the guilty parties pnaished. ïho good of society and the aafety of the anny imperiously deiuand this. They must, therefore, be taken eogniiance of by the military power; but, exeopt in cases of extreme urgeney, a military commander ghould not 'himself attempt to decide upon theguiltor iuuoccncc of individuáis. On the óontrary, it is tlic usage atid custom of war among all civilized nations to refer sucli cases to a duly oonstítuted mil itary tribunal, composed of rtliable officers, who, aeting under thü solemnity of an oath, aud the regponsibility always attached to a court of record, will examine witnesses, determine the guilt or iiiiioceuce of the parties aceused, and tix the pUDwbnient. This is uaually done by courts niartial : but io our country these courts have a very limiied jurisdictinn, both in regard to persoDi and ofiences Many classes of persona can not bo arraignod bofore suoli courts for anv offenee whatevor, and many crimes committod even by military offioers, enlisted meu or camp retaioers, cannot bc tricd under tlie " Kules and Articlcs of War." Military cominissious must be resnrtcd to for sueh cases, and theso comiuissions should be ordered by the game authoritj, be oongtituted in a. sim ilar minner, and thcir proecedinga be conduetcd aceording to the saine general rules as courts raartial, in order to prevent abuses whieh might otherwise arise. II. As mueh miaappreheDsioD has arison in this departinent iü relution to this subject, the followiug rules are for the iifonnation of all coucerned : 1. Military oommissions can be ed by only the in ('hief of the anuy, or by the commanding officer of the department, and tho proceedings must bo sent to headquarters for revsiou. 2. They will bo eoinposod üf no less than three raembers, one of wborn will act as Judge Advocate and Recordar vhcre no officer is designated fcr that duty. A largor nuinbcr will bc detuiled whero the public service will permit. 3. All the proeeedings will be reoorded and signed by the President and Judge Advocate and the lvocorder, as in the cases of courts martini. The proeeedings will be govorned by the same rules us courts martial, so i'ar as they may bo applicabie. 4. Civil offences, cogniiable by civil courts, wheaever suoh loyal conrts cxist, will nat be tried by a military cominis sion. It should, theroforo, be itafced iu every application for a comuii.-sion wbctlier or not there is any loyal civil court to which the civil offences cbarged can bu rcferred for trial It must bs observed, liowever, lliat niany oft'cnces, whioh in time of j.eaco ave civil offeuoes beconie in tune 01 war nnuiary uueuues, and are to be tried by a military tribunal, even in places, where civil tribunal exi'st 5. No case wbioh, by the Rules aod Articles of War, is triabte by a court martial will be tried by a military commissiou. Charges, therefore, prcfcrred against prisonors before a military oommissiou should be " violation of tbe lawB of war," and never " violation of the Hules and Articles of War," Í wkioh are gtatntory provisions, defining and modifying the general laws of war in particular cases, and in regard to particular pei-Bons and oÜ'enees. Tbey do uot r.pply to cases not embraced ia the statute; but all cases so ombraoed must be tried by a court martial, In other cases wo must be goverued by the general code of war. 6. Treason, as a distinct offence, is defincd by the constitution, and must be tried by courts duly constituted by law ; but certain acts of a treasotiable chanto ter, such as eouveying iuformation to the enemy, acting as spies, &c, are military offenoea, triable by military tribuuals, aud puuishable by military authority. 7, The fct that those persons who are now carrying on hostil ities agaiust the lawful authoritics of the United States are rebels and traitors to the government clous uofc deprivo them of any of the rights of war, so far as the military authorities are eouccrned. In our intercourse with the duly authorized forecs of the so-called " Couiederate States," aud iu tho treatment üf of iris ouers of war taken from such forces, we must be governed by the us:iges and eustoms of war in like cases. Uut the ights so givcu to sueli prisoners by the aws of war do not, accordmg to the ame code, cxeinpt tliem from trial and lunishmout by the proper courts for reason or other offonces agaiust the overnmetit. ïhe rights which they iay very propcrly ellim as bolligoreiits ■flr the general rules of belliírerout uteroourse, commercia lelli, camiot es nipt them from the punisliiaout to which hoy may hava subjected themselves as citizens utidor the general laws of the and. 8. Agaiti ; a soldier duly envolled and authorized to act in a military eapacity in the enemy's service is not, acoording to the codu military, individually rcsponsible for the takiug of huiiiau lite in battle, siege, &c, while at the same timo he is held individually responsiblo lor any act which he may conmut in violation of tlie laws of war. Tlius, he cannot be pu-.ishcd by a military tribunal for coni mitting acts of hostility wlucu are au tliorized by tho laws of war ; but if lic Las oommltted raurder, robbory, thoft, arson, &c, the fact of liis being a prisoner of war does not excmpt bira from trial by a military tribunal, 9. And again ; wliile the code of war gives certaiu exemptions to a (oldwe regularly in the military 6ervico of an_ enemy, it is a well-established principie tiiat iusurgeuts, not militarily organized underthe luws of the fttüto, prcdatory partisans, and guerrilla bands, aro not entitled to such cxeinptious ; such nieu are not legitiiuately in arms, and the military name and garlj whioh they havo assumed cannat give a military exeinption to the mines which they may coinmit. They are, 'm a legal senso, mere freebooters and bauditti, and are liabla to the same punisliment whieh was iinposed upon guerrilla bands by Napoleon in Spain and by Scott in Mexico, liv order of Mnior-Genornl Hftllcck. '.T. C. KELTOiV, A. A. O.


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