Your forces, you say in substance, should have a share in
the booty resulting from the conquest of the city, on account of
hardships endured and assistance rendered. The facts on which you
base your conclusion granted, your conclusion, under the rules of
war which are binding on my Government, does not follow, for it has
never recognized the existence of spoils of war, denominated 'booty,'
as have many European governments. No enemy's property of any kind,
public or private, can be seized, claimed by, or awarded to, any
of its officers or men, and should they attempt to appropriate any
of it for their individual benefit, they would be very severely
punished through military tribunals, on which have been conferred by
law very sweeping jurisdiction. The enemy's money and property (all
that is not necessary to be expended in administering local affairs
in the enemy's territory) must be preserved for final arbitrament
or settlement by and between the supreme authorities of the nations
concerned. My troops cannot acquire booty nor any individual benefit
by reason of the capture of an enemy's territory. I make this comment,
believing that you hold erroneous opinions in respect to individual
advantages which occupation bestows.
"I request your indulgence while I briefly consider the concessions
you ask us to make as conditions precedent to the retirement of your
forces to the lines indicated by your note of the 27th ultimo.
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