War of the Rebellion: Serial 062 Page 0406 LOUISIANA AND THE TRANS-MISSISSIPPI. Chapter XLVI.

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officers of the Enrolled Missouri Militia, and that intelligent and trustworthy non-commissioned officers of the volunteer forces be detailed to relieve all the citizens and Enrolled Missouri Militia provost-marshals now on duty recruiting colored volunteers.

I have the honor to be, captain, very respectfully, your obedient servant,

C. W. MARSH,

Acting Provost-Marshal-General.

[Indsorsement.]

Adjutant-general will prepare rough draught of an order establishing these districts and sub-districts and find officers to replace Missouri State Militia and enrolled Missouri now on provost duty.

W. S. ROSECRANS,

Major-General.

HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, February 23, 1864.

Brigadier General E. B. BROWN,

Commanding district of Central Missouri, Warrensburg, Mo.:

GENERAL: The inclosed papers* were duly received and laid before the general commanding. There is no necessity for forwarding cases like this without your own action in the premises, unless, indeed, Captain Greene has assumed command of your district and is executing what we Kansas men call "political justice" instead of the acts of Congress.

There are no political considerations involved in the matter; it is purely a military question, and should be so treated. An officer of the army is a sworn servant of the Government; that is law. Now, did this officer act under the law, either civil or military, or is his conduct justifiable by military necessity? If not, he has stepped beyond the power delegated to him as an officer of the Government, and must be arrested and punished. The moment the military authority of this country overrides the civil without the justification of necessity, that moment free institutions become impossible. Hence you should watch carefully all attempts in the border to act beyond the law. Act promptly and fearlessly and you will be sustained by the full power of the department.

I am, general, very respectfully, your obedient servant,

FRANK ENO,

Assistant Adjutant-General.

INDEPENDENCE, February 23, 1864

General E. B. BROWN,

Warrensburg, Mo.:

MY DEAR SIR: I trust you will excuse a perhaps unwarrantable liberty in addressing you. Since the control of the border counties has been intrusted to you there has been much desire on the part of those who were required to vacate their farms last fall to return this spring and again occupy them. They had confidence in you, and felt that they would be dealt with in moderation-and

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*Not found.

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