Saml. Breck, June 3, 1862

June 3, 1862.

No. 18. Front Royal, Va., June 3, 1862.

There has been recently so much irregularity on the subject of levyi Reais tions, and so much misconception on the part of many commanders and other officers as to their powers and duties in this respect, that it has become necessary to call the attention of all concerned to the subject, to the end that the gross abuses which have been committed may cease.

Paragraph 491, Army Regulations.—”When the wants of the Army absolutely require it, and in other cases under special instructions from the War Department, the general commanding the Army may levy contributions in money or «kind in the enemy’s country occupied by troops. No other commander can levy such contributions without written authority from the general commander-in-chief.”

This paragraph applies to domestic as well as to foreign enemies. No other com- © mander than the general-in-chief of an army can levy contributions without the written authority from said general-in-chief. Yet not only do other commanders, but corporals and privates even undertake to assume the power without authority from any one. Such conduct is simple pillage, theft, or robbery. When in the judgment of the major-general commanding the wants of the army under his command require it, he will exercise—as he has already most freely done—this extraordinary power, and will prescribe fully by whom, when, in what way, to what extent, and in what nature these contributions shall be levied. The allowance of the Government to the Army, issued through the quartermaster’s and subsistence departments, are to be obtained by commanders, by requisitions on the proper officers of these departments ; and if they have not the supplies to meet these requisitions they will apply to their superiors in the department, and the articles will be furnished, if on hand, if the requisition be approved, or means will be taken to procure them. No one has the right to take private property for public uses than those whom the major-general commanding may authorize. Those who take for private uses will be tried by a military commission for stealing. Commanders are especially enjoined to proce growing crops, and not suffer them to be trodden down save in cases of manifest necessity. No one has a right to enter private houses, and thus disturb non-combatants, women, and children. The above, without in any way wishing to seem even to interfere or suggest to others the course to be pursued in respect to the subject here in question, will apply to the troops of the Department of the Rappahannock, whether within or beyond the department limit.

By command of Major-General McDowell:

Assistant Adjutant-General.