War of the Rebellion: Serial 114 Page 0270 PRISONERS OF WAR, ETC.

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Let none of these escape you and be careful not to release improper persons on any conditions. I hope to hear the best reports from your command.

Yours, very truly,

J. M. SCHOFIELD,

Brigadier-General.

GENERAL ORDERS, HDQRS. DEPT. OF THE MISSISSIPPI,

No. 2.

Saint Louis, March 13, 1862.

I. Martial law has never been legally declared in Missouri except in the city of Saint Louis and on and in the immediate vicinity of the railroads and telegraph lines. And even in these localities military officers are especially directed not to interfere with the lawful process of any loyal civil court. It is believed that he time will soon come when the rebellion in Missouri may be considered as terminated and when even the partial and temporary military restraint which has been exercised in particular places may be entirely withdrawn. By none is it more desired than by the general commanding.

II. It must, however, be borne in mind that in all places subject to the incursions of the enemy or to the depredations of insurgents and guerrilla bands the military are authorized without any formal declaration of martial law to adopt such measures as may be necessary to restore the authority of the Government and to punish all violations of the laws of war. This power will be exercised only where the peace of the country and the success of the Union cause absolutely require it.

III. Edvidence has been received at these headquarters that Major General Sterling Price has issued commissions or licenses to certain bandits in this State authorizing them to raise guerrilla forces for the purpose of plunder and marauding. General Price ought to know that such a course is contrary to the rules o civilized warfare and that every man who enlists in such an organization forfeits his life and becomes and outlaw. All persons are hereby warned that if they join any guerrilla band they will not if captured be treated as ordinary prisoners of war but will be hnug as robbers and murderers. Tehir lives shall atone for the barbarity of their general.

By command of Major-General Halleck:

N. H. McLEAN,

Assistant Adjutant-General.

HEADQUARTERS SAINT LOUIS DISTRICT,

Saint Louis, Mo., March 13, 1862.

Major CALDWELL,

Third Iowa Cavalry, Mexico, Mo.

MAJOR: You were correct in deciding that no terms but unconditional surrender of themselves and their arms could be granted to the rebels.

It may be well, however, to let them know that those who come in voluntarily are likely to be treated much more leniently than others. Thus General Halleck's circular provides that those who give themselves up may be released on bonds and oath and receive back all property taken from except that of a military character while those captured are to be held as prisoners of war.