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After the removal of General George B. McClellan as general in chief, President Lincoln and Secretary of War Stanton tried to run the war without a general in chief. This was not a success so Lincoln consulted with some of his military advisors, including John Pope and General Winfield Scott. Both men suggested General Henry Halleck for the job. Lincoln then summoned Halleck, operating in the Western Theater to come to Washington. Apparently Halleck was unclear about President Lincoln's intentions. He politely refused to go to Washington unless he was given full control of the Eastern Theater. Lincoln informed Halleck that the entire army, east and west was under his control as the new general in chief. Halleck was aware of the political snafus in Washington DC. And, when he arrived he used his expert knowledge of military law to clarify the Second Confiscation Act passed by Congress on July 17,1862.

On August 15, 1862 he issued General Orders No. 107. This was a proper military law clarification of the Confiscation Act. In the orders to his generals he carefully explained the procedures for seizing enemy property for government use and the organization and conduct of foraging parties.

Halleck defined the difference between pillaging and looting and property lawfully taken from the enemy. All property seized had to be recorded and all officers were directly responsible for illegal activities of their troops.

As an aside, it would be Halleck who would review the actions of General Sherman in Georgia.

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Q: What was General Henry Wager Halleck's General Orders 107?
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