War of the Rebellion: Serial 115 Page 1411 SUSPECTED AND DISLOYAL PERSONS.

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The people should learn that they belong to the Southern Confederacy, and the State provisional government by its operations should be seen and not merely heard of.

I am, truly, &c.,

H. MARSHALL,

Brigadier-General, C. S. Army.

HEADQUARTERS ARMY OF THE MISSISSIPPI,*

Grenada, January 3, 1863.

Lieutenant JOHN F. LUMPKIN, Judge-Advocate.

LIEUTENANT: In preparing record of the proceedings of the courts the following facts should be stated: Each case should be complete in itself preceded by copy of order convening the court; the number of members present stated, those absent accounted for; court to be sworn by judge-advocate, judge-advocate by courts in presence of the accused; prisoner called upon to plead; each witness, his name, &c., designation fully stated; name, rank, regiment and company of prisoner particularly stated in specification, finding and sentence of court; each case of be numbered on left-hand margin of page, and pages in each case also numbered on left-hand margin. Adjournment from day to day should be signed by judge-adcoate; each case signed by judge-advocate and president of court; final adjournment by judge-advocate and president of court. The judge-advocate is authorized to recrtify every irregularity which may occur in the charges and specification.

I am, respectfully, your obedient servant,

R. W. MEMMINGER,

Assistant Adjutant-General.

WAR DEPARTMENT, Richmond, Va., January 5, 1862.

General JOSEPH E. JOHNSTON, Centerville, Va.:

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I beg also to call your attention to a practice that is becoming too prevalent of sending here prisoners arrested on suspicion of being disloyal. I have no means of enforcing their confinement and am compelled to discharge them as fast as they come, or the judges would certainly do it by habeas corpus. But military commanders have the right to arrest and keep in confinement all dangerus or suspected persons prowling about their camps. It is I know a little tourlbesome to be burdened with this class of prisoners in camp, but I see nothing else that can be done with them. They come here without definite charges against them; without any proof or witnesses and I am utterly powrless to hold them for you. I can only therefore urge upon you a stricter and less lenient application of military law as the sole resource I see for repressing this growing mischief.

I am, your obedient servant,

J. P. BENJAMIN,

Secretary of War.

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*This document is out of place.

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