War of the Rebellion: Serial 114 Page 0234 PRISONERS OF WAR, ETC.

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marshal of the city of Saint and its vicinity. All local provost-marshals will be subject to the orders of the provost-marshal-general who will receive his instructions direct from these headquarters.

II. It is represented that there are numerous rebels and spies within our camps and in the territory occupied by our troops who give information, aid and assistance to the enemy; that rebels scattered through the country threaten and drive out loyal citizens and rob them of their property; that they furnish the enemy with arms, provisions, clothing, horses and means of transportation; and that insurgents are banding together in several of the inferior counties for the purpose of assisting the enemy to rob, to maraud and to lay waste the country. All such persons are by the laws of war in every civilized country liable to capital punishment. The mild and indulgent course heretofore pursued toward this class of men has utterly failed to restrain them from such unlawful conduct. The safety of the country and the protection of the lives and property policy. Peace and war cannot exist together. We cannot at the same time extend to rebels the rights of peace and enforce against them the penalties of war. They have forfeited their civil rights and citizens by making war against the Government and upon their own heads must fall the consequences.

III. Commanding officers of districts, posts and corps will arrest and place in confinement all persons in arms against the lawful authorities of the United States, or who give aid, assistance or encouragement to the enemy. The evidence against persons so arrested will be reduced to writing and verified on oath and the originals or certified copies of such affidavits will be immediately furnished to the provost-marshal-general in this city. All arms, ammunition and other personal property required for the use of the army, such as horses, wagons, provisions, &c., belonging to persons so in arms or so assisting and encouraging the enemy will be taken possession of and turned over and accounted for. Such property not of a proper character for issue will be examined by a board of officers and sold as directed by the Army Regulations.

IV. Commissions will be ordered from these headquarters for the trial of persons charged with aiding and assisting the enemy, the destruction of bridges, roads and buildings, and the taking of public or private property for hostile purposes and also for the condemnation of property taken by our forces from disloyal inhabitants for the use of the army.

V. In all certificates given for private property taken for public use in accordance with General Orders, Numbers 8, of this department, it will be stated whether the property was taken from loyal or disloyal persons and as a test of the loyalty of persons claiming to be such from whom property is so taken officers commanding districts, posts, divisions, or separate brigades are authorized to appoint some competent and reliable officer to require and administer the usual oath of allegiance to the United States.

VI. All persons found in disguise as pretended loyal citizens or under other false pretenses within our lines giving information to or communicating with the enemy will be arrested, tried, condemned and shot as spies. It should be remembered that in this respect the laws of war make no distinction of sex; all are liable to the same penalty.

VII. Persons not commissioned or enlisted in the service of the so-called Confederate States who commit acts of hostility will not be