Spies, Brigands and Guerrillas

Often the words in the title of this column have been used to describe individuals who violated the "Articles of War" which governed the transgressions of both Union and Confederate soldiers and civilians during the Civil War and their respective punishments. The following General Order clearly defines what Martial Law was and who was a spy, brigand or guerrrilla

"No. 6 Batesville, Ark., Jan. 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:

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 can proclaim 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 the law offers. As martial law is executed by military force, it is incumbent upon those who administer it to be guided 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.

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 (Note: Ladies and Women beware) or the age of guilty parties concerning the spy, 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 (or her) own army and afterward captured as an enemy, is not subject to punishment for his (or her) acts as a spy or war traitor, but maybe held in more rigorous confinement.

8. Persons sending, carrying, assisting in carrying or receiving correspondence other than that authorized by the military commander and all persons connected with clandestine acts of a disloyal tendency, being peculiarly dangerous by making hostile use of the military protection which by modern law of war the victor extends to the property and persons of the conquered will be punished in accordance with the customs and usages of the service.

9. The inhabitants of a country occupied by the forces of the United States must 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 war traitors and thereby forfeit their lives and property.

Officers or men sent by the enemy within our lines as to recruit, there by inciting insurrection become themselves military insurgents and shall suffer accordingly. Of this latter class are Knights of the Golden circle and members of other secret organizations who secretly work to oppose the laws of the United States and encourage insurrection.

Brigands and guerrillas

The brigand is, in military language, the soldier who detaches himself from his troop or command and commits robbery, murder and other crimes and subjects himself to the awful punishment of death, even at the hands of his own government, but more surely at those of the enemy.

The guerrilla is the self-constituted robber, who has no authority for his acts, whose name does not appear on the pay-rolls of either army, who lays down his arms, resuming the duties of the citizen and again after a lapse of time taking up his arms at intervals for the purpose of carrying on a petty warfare, chiefly by raids, extortion, destruction and massacre. Whoever shall be convicted of being a brigand or guerrilla shall suffer death.

Transgressions of the laws of war

Whoever shall relieve (help) the enemy with money, victuals (food) or ammunition or shall knowingly harbor or protect an enemy, shall suffer death or such other punishment as shall be ordered by a court-martial (56th Article of War). All persons harboring, aiding and succoring (helping in time of distress) guerrillas are of this class and will be punished accordingly.

All persons not in the military service who shall be convicted of uttering disloyal sentiments, oral, written or printed favoring the rebellion, shall be punished therefore by sentence of a military commission.

No law of congress or restraining order revokes the laws of war which apply to confiscation of property to weaken the for and strengthen ourselves. Property can and will be confiscated or assessed for transgressions as the occasion may justify.

Commanders are charged to see that the strictest punishment are inflicted not less rigorously on the enemy than on those of our own men who transgress the Laws of War. All wanton violence committed against the persons or property of the inhabitants of a country militarily occupied and all robbery, pillage, sacking, rape, wounding, maiming or killing are prohibited under the penalty of death… in the opinion of a military commission be deemed adequate for the gravity of the offense. A soldier, officer or private, in the act of committing such violence and disobeying a superior ordering him to abstain from it, may be lawfully killed on the spot by such superior.