Today in History:

550 Series I Volume XXXIII- Serial 60 - New Berne

Page 550 OPERATIONS IN N. C., VA., W. VA., MD., AND PA. Chapter XLV.

portation, fuel, or food, or from known enemies, to be turned over to the agents of the Treasury.

Secondly, it may be taken or destroyed in order to deprive the enemy thereof, when in danger of falling into his hands, or to prevent its use by the enemy.

Thirdly, it may be destroyed as a summary punishment for offenses, such as discharging a musket by a citizen from his house upon a body of troops, or setting poisoned food before soldiers, or murder within a house, or using the house and property to secrete murderers, or as a rendezvous for felons and the like.

In each of these cases the act can be done only by the order of a commissioned officer, in command of an army, expedition, separate detachment, or post.

II. It has been brought to the notice of the commanding general that there is a reluctance on the part of officers seizing property, either as a military necessity or upon orders, to give to the party claiming certificates showing such seizure, thereby leaving themselves liable to the imputation of having carried away property which they have not in fact taken, and exposing the United States to claims sometimes unfounded and always exorbitant. There should be no hesitation in giving such certificate. It does not add to the responsibility of the officer, but, on the contrary, is a protection both to himself and the Government, No officer should do an act which he is not willing to certify having done. It is therefore the duty of every officer taking any property from any peaceable citizen, whether loyal or disloyal, to give a certificate to the party, claimant, or person from whom it is taken, containing an accurate inventory of the property, the time when and place where and person from whom taken, with the name, regiment, and company, as the case may be, in full, of the officer actually making the seizure, whether orders from his superior, and to make a report of the same to his immediate commander.

Such certificate should also state whether the property taken is that of a loyal or disloyal citizen, to the best of the information of the captor.

III. In case it becomes necessary, for military purposes, to destroy any houses, buildings, or other properly, a certificate stating the cause of the act should b given by the officer making the order or doing the act to the person claiming, or it should be affixed to the nearest prominent object, if practicable, and in each case a report made to the immediate commander of the act done and of the certificate given.

Any officer taking property of a citizen for any purpose whatever, whether loyal or disloyal, without giving such certificate to the claimant, or destroying any property without such certificate, and reporting the act as above provided, shall be deemed to be and held guilty as for unauthorized and causeless plunder and embezzlement of the property taken, or for an unjustifiable destruction of property as the case may be. In such cases the commanding general will not too much invoke the aid of a court- martial in punishing the offenders.

IV. Cases of difficulty have arisen where the negroes, formerly slaves, joining the troops of the United States on marches and expeditions, with intent to come within our lines for protection, bring with them property of their former masters.


Page 550 OPERATIONS IN N. C., VA., W. VA., MD., AND PA. Chapter XLV.