I am, with great respect, yours,
W. T. Sherman, Major-General commanding.
HEADQUARTERS FIFTH DIVISION MEMPHIS, TENNESSEE, September 21, 1862
Editor Bulletin.
Sir: Your comments on the recent orders of Generals Halleck and McClellan afford the occasion appropriate for me to make public the fact that there is a law of Congress, as old as our Government itself, but reenacted on the 10th of April, 1806, and in force ever since. That law reads:
“All officers and soldiers are to behave themselves orderly in quarters and on the march; and whoever shall commit any waste or spoil, either in walks of trees, parks, warrens, fish-ponds, houses and gardens, cornfields, inclosures or meadows, or shall maliciously destroy any property whatever belonging to the inhabitants of the United States, unless by order of the commander-in-chief of the armies of said United States, shall (besides such penalties as they are liable to by law) be punished according to the nature and degree 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.