ree of the offense, by the judgment
of a general or regimental court-martial."

Such is the law of Congress; and the orders of the commander-
in-chief are, that officers or soldiers convicted of straggling and
pillaging shall be punished with death. These orders have not come
to me officially, but I have seen them in newspapers, and am
satisfied that they express the determination of the commander-
in-chief. Straggling and pillaging have ever been great military
crimes; and every officer and soldier in my command knows what
stress I have laid upon them, and that, so far as in my power lies,
I will punish them to the full extent of the law and orders.

The law is one thing, the execution of the law another. God
himself has commanded: "Thou shalt not kill," "thou shalt not
steal," "thou shalt not covet thy neighbor's goods," etc. Will
any one say these things are not done now as well as before these
laws were announced at Sinai. I admit the law to be that "no officer
or soldier of the United States shall commit waste or destruction
of cornfields, orchards, potato-patches, or any kind of pillage on
the property of friend or foe near Memphis," and that I stand
prepared to execute the law as far as possible.

No officer or soldier should enter the house or premises of any
peaceable citizen, no matter what his politics, unless on business;
and no such officer or soldier can force an entrance unless he have
a written order from a commanding officer or provost-marshal, which
written authority must be exhibited if demanded. When property
such as forage, building or other materials are needed by the
United States, a receipt will be given by the officer taking them,
which receipt should be presented to the quartermaster, who will
substitute therefor a regular voucher, to be paid-according to the
circumstances of the case. If the officer refuse to give such
receipt, the citizen may fairly infer that the property is
wrongfully taken, and he should, for his own protection, ascertain
the name, rank, and regiment of the officer, and report him in
writing. If any soldier commits waste or destruction, the person
whose property is thus wasted must find out the name, company, and
regiment of the actual transgressor. In order to punish there must
be a trial, and there must be testimony. It is not sufficient that
a general accusation be made, that soldiers are doing this or that.
I cannot punish my whole command, or a whole b