War of the Rebellion: Serial 116 Page 0444 PRISONERS OF WAR AND STATE, ETC.

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published for the attention and observance of officers doing duty in this district.

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IV. In all cases where prisoners taken at other posts or in the field are sent to Saint Louis they will be accompanied with a written statement of the charges against them and the evidence upon which the arrest was based. Otherwise prisoners so sent will be released on their arrival here.

V. No person will be hereafter arrested without good and substantial reasons, and officers making arrests without sufficient cause or without authority will be held to account and punished; and officeners to Saint Louis without charges, proofs or proper explanations will be charged with the expenses of their transportation. (General Orders, Numbers 8, Department of the Missouri, November 26, 1861.)

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III. Commanding officers of districts, posts and corps will arrest and plase in confinement all persons in arms against the lawful authorities of the United States or who give aid, assistence or encouragement to the enemy. The evidence against persons so arrested will be reduced to writing and verified on oath, and the orginals 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.

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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 treated as prisoners of war but will be held and punished as criminals, and all persons found guilty of murder, robbery, theft, pillaging and marauding under whatever authority will either be shot or otherwise less severely punished as is prescribed by the Rules and Articles of War, or authorized by the usages and customs of war in like cases. (General Orders, Numbers 13, Department of the Missouri, December 4, 1861.)

III. As the act of Congress approved December 24, 1861, and pulished in General Orders, Numbers 111, Headquarters of the Army, Adjutant-General's Office, Washington, December 30, 1861, gives authority to the brigadier-general commanding the U. S. forces in this district to order general courts-martial it is directed that all prisoners now held under charges either belonging to the U. S. volunteers or Missouri State Militia, as well as persons captured as rebels, spies, guerrillas, marauders, murderers or in any other way connected with treasonable designs against the constituted authorities of the United States will be kept as prisoners at the posts where the troops are stationed who captured them, and will not be sent beyond this district without authority sent through or from these headquarters. Charges properly drawn up as before indicated in this order will be made out by the proper officers and sent to these headquarters, and courts-martial and military commissions, as deemed advisable for the investigation of the same, will be ordered.

By command of Brigadier General James Totten, commanding district:

LUCIEN J. BARNES,

Captain and Assistant Adjutant-General.

FORT DELAWARE, April 11, 1862. *

Colonel BUCHANAN.

DEAR SIR: Upon leaving Camp Chase, Ohio, my baggage was examined and robbed of almost all the clothing I had, so that I am now

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* Misdated; should be 1863.

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