the department commander is approved, as their cases "must be tried by courts duly constituted by law". (See Rule 6, announced in General Orders, Numbers 1, headquarters Department of the Missouri, 1862.)
The action of the commission in the cases of Sterling Coulter, Albert Pulliam, Robert M. Hannah, Samuel Croff, Brazillia Powell and Lafayette Wirght, viz., ordering their relase after administering to each the oath of allegiance, was improper. These prisoners should have been remanded to prison and kept there until their case had been submitted to and acted upon by the officer commanding the department.
When several persons are to be tried by the same court-martial or commission upon different charges the court or commission should be re-sworn at the depertmant of each trial, and the record of each case made up separetely.
By order of Major-General Halleck:
JNO C. KELTON.
Trial of John W. Owen for bridge-burning, destroying railroads, etc.
A military commission of which Lieutenant Colonel Samuel A. Holmes is president convened at Wellsvill, Mo., purusant to Special Orders, Numbers 28, namely:
HEADQUARTERS DEPARTMENT OF THE MISSOURI, Numbers 28.
Saint Louis, January 10, 1862.
The order for the military commission to meet at Wellsville by Special Ordes, Numbers 17, on January 8, 1862, current series from these headquarters, is hereby revoked and the following detail substituted, to meet on Monday, January 13, 1862, at 10 o'clock, or as soon thereafter as practicable, for the trial of such persons as may be brought before it: Lieutenant Colonel Samuel A. Holmes, Tenth Missouri Volunteers; Captain Richard Y. Lanius, Eighty-first Ohio Volunteers; Captain A. C. Tood, Tenth Missouri Volunteers; Surg. Thomas O. Edwards, Third Iowa Volunteers; Captain Martin Armstrong, Eighty-first Ohio Volunteers, who will act as judge-advcate and recorder. The commission will meet without regard to hours.
By order Major-General Halleck:
J. C. KELTON,
SAINT LOUIS, January 15, 1862.
The military commission ordered to meet at Wellsville is authorized to sit at any point on the North Missouri Railroad which may be designated by Brigadier-General Schofield.
H. W. HALLECK,
WARRENTON, January 15, 1862.
If Geneal Halleck authorizes the commission to go to Danville telegraph to Colonel Morton. Let Mr. Gamble have the engine.
J. M. SCHOFIELD.
DANVILLE, MONTGOMERY COUNTY, MO.,
January 28, 1862.
The commission met pursuant to adjournment and the foregoing orders.
Present: Lieutenant Colonel Samuel A. Holmes, Tenth Missouri Volunteers; Captain Richard Y. Lanius, Eighty-first Ohio Volunteers; Captain A. C. Todd, Tenth Missouri Volunteers; Captain M. Armstrong, judge-advocate, Eighty-first Ohio Volunteers.