War of the Rebellion: Serial 033 Page 0358 MO., ARK., KANS., IND. T., AND DEPT. N. W. Chapter XXXIV

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peace. If in any case the commanding officer of any post or camp judge that military necessity requires interference with the execution of civil process, or that the enforcement of the civil law in such case will be prejudicial to military discipline, or in violation of the provisions of any act of Congress, proclamation of the President, or military orders, he will, on his own responsibility, suspend such execution or enforcement for the time being, and immediately report the facts, through the ordinary military channels, to department headquarters, for the orders of the commanding general. But such interference with civil officers or suspension of civil law must be by the orders of the highest commander present, and on his own responsibility. Any such interference by subordinate officers or soldiers will be regarded and punished as a high crime on the part of those who commit such act, and of the commanding officer who tolerates or fails to prevent it.

All civil officers having process to serve in any post or camp will present it to the commanding officer, and obtain his assent to its execution. If he assent, he will protect the civil officer in the discharge of his duty, if need be, by all the force under his command. If the commanding officer refuses his assent, he will, without delay, report the fact, with the reasons for his refusal, to department headquarters.

Criminals arrested by the military authorities may be turned over to the civil courts for trial at the discretion of district commanders. No subordinate officer will exercise such discretion. No person held in custody by the civil authorities will be taken from such custody, except by order of the department commander. But the place of confinement of such person may be guarded by troops, if the commanding officer have reason to apprehend his escape, until the orders of the department commander can be obtained.

All acts of lawlessness, especially murder, theft, and robbery, must be rigorously punished, whether committed by avowed enemies of the Government or by those who put on the guise of a loyalty or the uniform of the United States Army as a cloak for their crimes. Those who thus dishonor and disgrace the cause to which they profess attachment are no less criminal than the avowed enemies, of the Government who commit such crimes, and will be punished with like severity.

Such criminals will be delivered to the civil courts for trial when such courts are able to dispose of their cases with promptitude and certainty, otherwise they will be promptly tried by court-martial or military commission.

By command of Major-General Schofield:


Assistant Adjutant-General.


Fort Scott, Kans., July 8, 1863.

Lieutenant Colonel C. W. MARSH,

Assistant Adjutant-General, Saint Louis, Mo.:

Another scout just in from General Blunt, who directs me to send a train of supplies the 15th instant, not waiting for the return train, as he expects to have a great battle with Stand Watie, Bell, and Cabell, and will require all possible troops. He says to forward for escort of this train four companies of the Third Wisconsin Cavalry and four companies of the Thirteenth Kansas Infantry.

Very respectfully, your obedient servant,


Major and Assistant Adjutant-General.