War of the Rebellion: Serial 116 Page 0443 CORRESPONDENCE, ETC. -UNION.

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disloyal persons arrested by you, either to discharge them upon oath or require the oath and a bond with or without security as you may deem expedient. Great care should be taken to discriminate between the various grades of their offenses and ability to give security. Where parties have give aid comfort to the enemy or openly encouraged the rebellion and their standing in the community or property enables them to give a bond, and you require it of them, hold them in confinement until they comply. Where their individual bond will be good, take it. The taking the oath provided by the ordinance of the State convention was an amnesty for all offenses before that time; that is where the oath taken before the 15th of December last. It they are guilty of any disloyal act since that time they are liable to be tried and punished for violation of oath. The taking of an oath before another provost-marshal does not preclude you from requiring a bond of them in cases where you deem it necessary. In all cases where the civil law be made available it is desirable to turn offenders over to the officers of the civil law.

I am, very respectfully, your obedient servant,





Jefferson City, Mo., April 11, 1862.

I. As great irregularities in the mode of procedure, and as very considerable uncertainty seems to exist in the minds of officers in this district relative to the proper course to be adopted in regard to prisoners either captured while actively engaged in open rebellion with arms in their hands or taken for having knowingly aided and abetted treason or treasonable designs by "word or deed," the following is published and ordered as governing the manner of proceeding in such cases.

First. When marauders, guerrillas, murderers, robbers, pillagers, thieves and other outlaws are take alive with arms in their hands actively engaged in opposition to the laws and lawfully constituted authorities such outlaws must be held as prisoners in close confinement until tried for their offenses by court-martial or military commission, as each peculiar case demands. It may be found expedient if authorized by the major-general commanding the department in future to transfer to the loyal civil courts having jurisdiction such peculiar cases as may be more expeditiously brought to justice, but in every such case the transfer will be made the subject of special instructions from higher authority through these headquarters.

Second. For all offinses charges in due form will be written out in each case showing the military offense of the prisoner as indicated in the laws of the United States, the Rules and Articles of War, Army Regulations, orders and the customs of war, and each charge will be sustanined by specifications setting forth the specific act or thing done, with the date, place, time and circumstances connected therewith, and the whole supported by a list of good and reliable witnesses by whom the proof may be established. Where the offense committed does not come directly under a charge of a military character as above indicated the charge will be laid under the criminal law, as for instance for murder, robbery, arson, assault with intent to kill, &c., and will be tried by military commission or transferred as above provided for to the loyal civil courts for trial, &c.

II. The following paragraphs, extracts from and reference to existing laws, orders, &c., bearing upon the subject above referred to are again