Gen. Sterling Price on Jan. 12 wrote Gen. Halleck a strong letter
protesting against the order and asking the question whether
"individuals and parties of men specially appointed and instructed by me
to destroy railroads, culverts, bridges, etc." were, if captured, to be
regarded as deserving of death.
299
Gen. Halleck in reply said:
You also complain that "individuals and parties of men
specially appointed and instructed by you to destroy
railroads, culverts and bridges by tearing them up, burning,
etc., have been arrested and subjected to a general court-
martial for alleged crimes." This statement is in the main
correct. Where "individuals and parties of men" violate the
laws of war they will be tried, and if found guilty will
certainly be punished, whether acting by your "special
appointment and instruction" or not. You must be aware,
General, that no orders of yours can save from punishment
spies, marauders, robbers, incendiaries, guerrilla bands,
etc., who violate the laws of war. You cannot give immunity
to crime. But let us fully understand each other on this
point. If you send armed forces wearing the garb of soldiers
and duly organized and enrolled as legitimate belligerents
to destroy railroads, bridges, etc., as a military act, we
shall kill them, if possible, in open warfare, or, if we
capture them, we shall treat them as prisoners of war.
But it is well understood that you have sent numbers of your
adherents in the garb of peaceful citizens, and under false
pretenses, through our lines into northern Missouri, to rob
and destroy the property of Union men and to burn and
destroy railroad bridges, thus endangering the lives of
thousands, and this, too, without any military necessity or
possible military advantage. Moreover, peaceful citizens of
Missouri, quietly working on their farms, have been
instigated by your emissaries to take up arms as insurgents,
to rob and plunder and to commit arson and murder. They do
not even act under the garb of soldiers, but in false
pretenses and in the guise of peaceful citizens. You
certainly will not pretend that men guilty of such crimes,
although "specially appointed and instructed by you," are
entitled to the rights and immunities of ordinary prisoners
of war. If you do, will you refer me to a single authority
on the laws of war which recognizes such a claim?
Public-domain text, read in full here on John Shaqi.
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