War of the Rebellion: Serial 033 Page 0222 MO.,ARK.,KANS.,IND. T., AND DEPT. N. W. Chapter XXXIV.

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Fort Leavenworth, Kans., April 17, 1863.

Major General SAMUEL R. CURTIS,

Commanding Department of the Missouri:

GENERAL: I telegraphed you this morning relative to the Fifth Regiment Missouri State Militia (Colonel Penick's regiment). I understand Governor Gamble designs having it mustered out of service. I know not for what reason, except that the regiment is too loyal to suit his theory of war. The regiment is the most efficient of all the Missouri State Militia; the men and officers are reliable, and for this reason it should be the last to be mustered out of the service. I do not see how they can be spared from Jackson County at this time. They are willing, and even anxious, to change their military status, and be remustered as regular volunteers. I think measures should be taken to have the transfer made without delay.

A portion of the First Regiment Missouri State Militia (Colonel McFerran's regiment is in this district, stationed at Harrisonville. I have no confidence in them. Rebels and bushwhackers speak of them in true commendable terms. I shall send them out of my district. I have no use for them, and shall not feed them. If Governor Gamble has any use for them, he can take them. You need have no apprehensions in regard to the "Red Legs." I shall treat them and all other lawless bands as I shall treat bushwhackers. I expect to hang a few of them soon by way of example. Inclosed you will find a copy of instructions to Colonel Lynde to govern his action upon the border. I hope it will meet your approbation.

I have the honor to be, general, respectfully, your obedient servant,


Major-General, Commanding.



Fort Leavenworth, April 16, 1863.

Colonel E. LYNDE,

Commanding Ninth Regiment Kansas Volunteers:

COLONEL: The western tier of counties of the State of Missouri, lying south of the Missouri River, being now embraced within the limits of this district, you will, therefore, for the purpose of protecting loyal citizens and punishing traitors and insuring peace and quiet upon the borders of Kansas and Missouri, move the troops under your command into the border tier of counties before mentioned (your headquarters remaining at Paola, Kans.), and co-operate with such other loyal Federal troops as you may find within the limits of this district. The troops should be kept moving or patrolling the border counties, and exercise the utmost vigilance and promptness in discovering and destroying all bands of guerrillas and outlaws, and when such parties are met with arms in their hands, opposing the Federal authorities, they are not to be considered as belligerents, according to the rules and usages of civilized warfare; but, having organized within the Federal lines to oppose the Federal authorities by armed resistance, they must be treated as insurgents, and shall suffer death. When such persons are taken prisoners, which should as much as possible be avoided, they will be summarily tried by a military commission, to be appointed by the senior officer present, and, if found guilty, must be executed by hanging or shooting, without delay; but, in carrying out these instructions, great