War of the Rebellion: Serial 116 Page 0558 PRISONERS OF WAR AND STATE, ETC.

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to general orders from department headquarters and from this office; direct system and regularity in their official action and reports. You will cause prompt action to be taken for the recovery of all Government or captured property, whether quartermaster's, commissary or ordnance stores, found in possession of unauthorized parties, and direct the same to be immediately reported to this office. You will cause the arrest of persons whether in the service or not who may be found to have converted to their own use any such stores or property. You will make requisitionupon any post commander or other proper officer for transportation, and will visit such points or posts and in such order as in your judgment will best subserve he interests of the service. Your attention is particularly called to the subject of the seizure of theproperty of citizens by the military. No property except such as has been "used for hostile purposes against the Government of the United States" or is about to be so used is subject to seizure and confiscation, and when seized all proof must be reported to this office for a decision as to what fact the proof discloses. Confiding in your understanding of general orders and the rights and liabilities of citizens under those orders and the law of Congress, you are authorized to use your discretion in all contingencies where action may be necessary in advance of report to and order from this office.

Very respectfully, your obedient servant,




Affidavit of Sergt. Conrad Schaub, Privates AndreasLudwig and Jacob Wurges, all of the Seventeenth Regiment Missouri Volunteers, in regard to the barbarous, cruel treatment experienced by our wounded and defenseless soldiers at the hands of a body of so-called Texas Rangers in an attack on one of our forgaging parties near this camp on the 19th instant.

The witnesses, after having been duly sworn, depose as follows:

Sergt. Conrad Schaub, of Company F, says: Corporal Henkewas wounded in my presence, and after raising his wounded hand toward the enemy and telling them that he would surrender he was fired at about five times and received two more wounds in the abdomen. Lieutenant Fischer, of Company F, after surrendering was wounded very dangerously in the right shoulder, one of the Texas Rangers saying, "Kill the damned son of a bitch. "

Private Andreas Ludwig, of Company F, says: I distinctly saw the rebels firing at our wounded soldiers many times after they were stretched helplessly on the ground. I particularly saw them firing at Lieutenant Neun, of Company H, in this manner.

Private Wurges deposes as follows: After having discharged my piece I was suddenly surrounded by a body of cavalry to whom I cried out that I would surrender. Those nearest to me seemed disposed to take me prisoner, but one from their midst dashed at me, saying, "Damn you, we want no prisoners!" Upon this he snapped a revolver at me thee times; this missing fire he drew a bowie-knife and cut me across the head, upon which I fell but retained my consciousness. I saw Private Fisch, of Company H, leaning against the fence badly wounded in the shoulder; some of the rebels remarked to the others that that man was not quite dead yet, upon which one of their number cut him