jury being unable to agree upon a verdict I was remanded to the Tombs as I supposed toawait another trial. On the 3rd day of February of the present year with other prisoners I was transferred to Fort Lafayette without knowing why or wherefore and placed in the custody of the military authorities. As the indictment upon which I was once tried was still pending I requested my counsel Mr. A. S. Sullivan, to apply for another trial before your honors at the April term of the court. I resprectfully beg that your honors will please appoint an early day for my trial or let me be informed why I am subject to both the civil and military powers at the same time without the privilege of being tried by either.
T. HARRISON BAKER.
HDQRS. DEPT. OF THE RAPPAHANNOCK, Numbers 12.
Opposite Fredericksburg, May 16, 1862.
It has cometo the knowledge of the major-general commanding that someof the few men among us who are evilly disposed have attempted the commission of a crime which will justly draw upon the troops universal condemnation.
It is due to the good men of the Army, to the service, to the country, to the sisters, daughters, mothers and wives of all that the stain be effaced by the infliction of the only fit punishment due such acts.
That we are here with arms in our hands and that the people have no practical redress fromour wring-doings but heightens our obligation to protect the helpless.
That this may be done promptly and effictively military commissions will be instituted in each division for the punishment of all crimes committed by any one in the military service, or by any one "following the army" and which may not be congizable by courts-martial.
Fort ordinary offenses or crimes such commissions will be detailed from the rosterin the same way as a court-martial, but whenever it shall be deemed necessary by the division commander, or orders to that effect shall be received from these headquarters, a special military commission to consist in each division of the brigade commanders, the chiefs of the division artillery and cavalry and two of the regimental commanders or as many, not less than a majority, as can be immediately convened, will be assembled to try such cases as from the persons implicated the interest of the service shall require to be disposed of in a summary manner.
The formof the proceedings in the case of an ordinary commission shall be the same as that of a court martial.
The formof proceedings in the case of a special commission will be such as the division commander may determine, but will not be such as will interfere with summary justice.
The punishment for rape will be death, and any violence offered a female, white or colore, with the evident intent or purpose to commit a rape will be considered as one and punished accordingly.
In cases of conviction and sentence for rape as above defined the division commander if he approve the findings and sentence will order immediate execution by hanging or by shooting if the former should not be convenient.
That this order may have fulleffect all good men in this army, whether officers, non-commissioned officers, musicians or privates, and
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