War of the Rebellion: Serial 032 Page 0869 Chapter XXXIV. CORRESPONDENCE, ETC.- UNION.

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men, where peace and safely require it, though no specific act of disloyalty can be proven against them; and such may be put under bonds, imprisoned, or required to leave the State.

VIII. And also disloyal preachers who have discharged their profession be encouraging others to rebel, while they may have committed no other kind of disloyal act. The Government has always given liberal exemption to this class, and if they now in return oppose it in the way of their calling, the should be dealt with as rebellions and disloyal men, and expelled from the State.

IX. The good of society and the safety of the Government require that, during the rebellion, offenses such as those spoken of above should be tried and punished by military power. Many offenses which in time of peace are civil offenses become in time of war military offenses, and are to be tried by a military tribunal, even in place where civil tribunals exist. While treason, as a distinct offense, is defined by the Constitution, and must be tried by courts duly constituted by law, yet certain acts of treasonable character, such as carrying information to the enemy, acting as spies, &c., are military offenses, triable by military tribunals, and punishable by military authority. It is a well-established principle that insurgents not military organized under the laws of the State, predatory partisans, and guerrilla bands are not legitimately in arms, and the military name and garb which they have assumed cannot give a military exemption to the crimes which they may commit. They are, in a legal sense mere freebooters and banditti.

X. It will be the duty, therefore, of provost-marshals, who, upon evidence, find persons guilty of serious crimes above set out, to send them forward to Saint Louis, with the evidence against them, and upon charges preferred.

XI> Provost-marshals will arrest persons guilty of discouraging enlistments in the service of the Government, including those opposing the enrollment ordered by the Governor, and persons guilty of exciting dissatisfaction amongst out troops, and of inducing persons to desert, and also those persons found selling liquor to soldiers, in any city or town, near any camps, or at any other place, and also persons interfering with the execution of any military orders or regulations issued by competent authority.

XII. It having been ordered on the 3rd of February, 1862, that no one should be employed on any railroad who had not taken the oath of allegiance, and who also was not loyal, it is the duty of provost-marshals to ascertain that all officers, directors, and employes of all railroads have taken the oath, and are loyal, and to arrest all concerned in violation of said order; and it having been ordered by the major-general commanding the department that no disloyal persons shall command or be employed upon any steamboat or vessel, it is made the duty of all officers to report to the headquarters of the department any violation of said order; and any owner or commander of any such boat or vessel violation said order will be liable to be tried for such disobedience.

XIII. On the 4th of December, 1861, Major-General Halleck, commanding this department, in general orders relating to provost-marshals, declared that it was the province of the military authorities to execute the act of Congress that had then been passed, confiscating the slaves of rebels which had been used in aiding the rebellion, and he forewarned disloyal slave owners in these words, that "should Congress extended this penalty to the property of all rebels in arms, or giving aid, assistance, or encouragement to the enemy, such provisions will be strictly enforced."