War of the Rebellion: Serial 118 Page 0682 PRISONERS OF WAR AND STATE, ETC.

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who without taking up arms give positive aid and comfort to the rebellious enemy without being bodily forced thereto.

156. Common justice and plain expediency require that the military commander protect the manifestly loyal citizens in revolted territories against the hardships of the war as much as the common misfortune of all war admits. The commander will throw the burden of the war as much as lies within his power on the disloyal citizens of the revolted portion or province, subjecting them to a stricter than the noncombatant enemies have to suffer in regular war; and if he deems it appropriate or if his Government demands of him that every citizen shall by an oath of allegiance or by some other manifest act declare his fidelity to the legitimate Government he may expel, transfer, imprison or fine the revolted citizens who refuse to pledge themselves anew as citizens obedient to the law and loyal to the Government. Whether it is expedient to do so and whether reliance can be placed upon such oaths the commander or his Government have the right to decide.

157. Armed or unarmed resistance by citizens of the United States against the lawful movements of their troops is levying war against the United States and is therefore treason.

NEW YORK, May 20, 1863.

Brigadier General L. THOMAS.

GENERAL: Pursuant to orders from General N. P. Banks I have the honor to report my arrival at New York with 188 exchanged prisoners of the Eighth U. S. Infantry.

CHAS. S. FASSETT,

Lieutenant, Commanding Detachment U. S. Infantry.

CAPE GIRARDEAU, May 20, 1863.

We, R. H. Adams, captain, Jeans' Second [Twelfth] Missouri Cavalry, C. S. Army, the representative of General Marmaduke, and F. L. Cramer, first lieutenant and acting assistant adjutant-general, the representative of General McNeil, of the Army of the United States, make the following agreement:

I, F. L. Cramer, of the second part, in consideration of liberty being given to Captain Spencer, Captain Barlett and Captain Mitchell, do agree to parole and send into the lines of the Army of the Confederate States of America three officers of equal rank, according to the cartel, with the distinct understanding that I do not recognize any agreement between Generals Blunt and Hindman and do not establish any agreement for anything further than the present agreement. Captain Adams, of the first part, agrees as the legal representative of General Marmaduke to permit the three captains herein mentioned to come within the lines of the Federal Army and there to remain until regularly exchanged.

R. H. ADAMS,

Captain, Second [Twelfth] Regiment Missouri Cavalry, C. S. Army.

F. L. CRAMER,

First Lieutenant and Acting Assistant Adjutant-General.

Witnesses:

FRANCIS W. CRANE,

Paymaster, U. S. Army.

S. C. NOLAND,

Orderly Sergt. Company E,

Second [Twelfth] Regiment Missouri Cavalry.