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of civilized nations. I would therefore request the policy of the Government for my guidance in dealing with questions of this nature.

To what extent can the right of confiscation legally be carried, and by what tribunal, civil or military, are the questions that will naturally arise to be decided, that the innocent will not suffer while punishing the guilty, and that the dignity and justice of the Government may not be at the mercy of individuals governed by cupidity or revenge? This question has assumed such proportions that it will require vigorous means and well-defined authority to suppress or direct its application.

I

am,

sir, very respectfully, your obedient servant,

GEO. B. MCCLELLAN,
Major-General, Commanding.

HEADQUARTERS DEPARTMENT OF THE MISSOURI,
Saint Louis, February 11, 1862.

Brig. Gen. JOHN POPE, Jefferson City:

A train leaves to-night to bring down one regiment to-morrow; another must be ready for Thursday, and the Third Battery for Saturday. No delay must occur; they must be ready to start immediately. We have stirring times in Kentucky and Tennessee, and want every man we can get.

H. W. HALLECK,
Major-General.

SAINT LOUIS, February 12, 1862-3 p. m.

Maj. Gen. GEORGE B. MCCLELLAN:

It is reported that Van Dorn, with a large force, is marching from Fort Smith to re-enforce Price, and that General Frost is moving from Pocahontas in the same direction. I shall immediately move the forces at Ironton to Doniphan, to either force Frost to return, or attack and destroy the depot at Pocahontas. Please answer about Ohio battery and other troops ordered from this department to Kansas. Can I use them? I greatly need them at this moment.

H. W. HALLECK,
Major-General.

HDQRS. SOUTHWESTERN DISTRICT OF MISSOURI,
Camp at Pearson's Creek, February 12, 1862.

Capt. J. C. KELTON,

Assistant Adjutant-General:

CAPTAIN: I received the general's approving letter of the 6th at Marshfield this morning, just as I started on this weary day's march. It relieved me from anxiety in regard to the Davis division and flushed me with new hope in the coming crisis.

My advance was fired on at 10.30 a. m. by scouts. One of the rebels was wounded, probably mortally. As we advanced the enemy occasionally appeared in force and was fired on by my mountain howitzers and pursued. One of our men is wounded, probably mortally, and one or two are missing at last accounts.

Price was still very quiet in Springfield at 10 a. m. to-day. Frost's

battery and a train of supplies arrived yesterday. General Van Dorn was expected, but had not yet arrived, and I do not therefore believe his force is very near, for I think at such a time he would most likely come a few days before his force. Price must therefore rely on his present resources, variously estimated at from 10,000 to 30,000, with about forty-two pieces of cannon.

I send you abstract of my effective force here, which foots up as follows:

Infantry

Cavalry

9, 585 2,510

12, 095

Artillery (including four mountain howitzers), fifty pieces.
I have the honor to be, &c.,

SAML. R. CURTIS,
Brigadier-General, Commanding.

FEBRUARY 13, 1862-3 a. m.

As I finished the foregoing a brisk firing was heard in front, where the enemy in small force had attacked pickets, forming across the road and in the thick brush adjacent. I ordered up two pieces of artillery and fired three rounds, scattering them, and inducing me to advance my pickets to Hancock's, on the edge of prairie. After that all quiet during the remainder of the night. The Fourth Division is now moving forward. The morning is bright and the men move out again in good spirits.

SAML. R. CURTIS, Brigadier-General, Commanding.

SPECIAL ORDERS, HDQRS. SOUTHWESTERN DIST. OF MISSOURI,
No. 84.
Marshfield, Mo., February 12, 1862.

I. The First, Second, and Fourth Divisions of this command will move forward at 7 o'clock to-morrow morning by the direct road, and camping near the head of Pearson's Creek, 9 miles this side of Springfield.

II. The Third Division, commanded by General Davis, will move forward at 6 a. m., following the road by Leslie's store and camping near Piper's farm, about 8 miles this side of Springfield. By order of Brig. Gen. S. R. Curtis :

T. I. MCKENNY, Acting Assistant Adjutant-General.

SAINT LOUIS, February 13, 1862.

Maj. Gen. D. HUNTER,

Comdg. Dept. of Kansas, Fort Leavenworth, Kans.: GENERAL: Your very kind letter of the 8th is this moment received.* I must write you a very hasty answer to-day. You are entirely mistaken about my having received any information, official or unofficial, from Washington about the "great jayhawking expedition." Not a word or hint has been communicated to me. Orders were sent by General Thomas direct to various regiments in this department to imme.

* Not found.

diately repair to Fort Leavenworth and report to General Hunter as a part of General Lane's expedition. No notice of such orders was given to me. To put a stop to these irregularities I issued General Orders, No. 8, and protested both to General Thomas and General McClellan against such an irregular and unmilitary proceeding. No reply. I stopped some of the troops on their way, and reported that they could not move till some order was sent to me. No reply.

I am satisfied that there have been many of such orders issued directly by the President and Secretary Cameron without consulting General McClellan, and for that reason no reply could be given without exposing the plans of the great jayhawker and the imposition of himself and Cameron on the President. Perhaps this is the key to the silence of the authorities at Washington. I know nothing on the subject except what I see in the newspapers.

In regard to my own plans, they are very simple. I have sent some 16,000 or 17,000 men, under General Curtis, against Price at Springfield. He has been re-enforced by McIntosh, and it is said that Van Dorn and Frost are also marching to his relief. If it would be possible for you to move a cavalry force rapidly by Fort Scott to threaten Price's right flank it would have a most excellent effect. This possibly was the original intention of Lane's expedition, but I protested to Washington against any of his jayhawkers coming into this department, and saying positively that I would arrest and disarm every one I could catch.

The remainder of all my available force will be sent to the lines of the Cumberland and Tennessee. Who will take the immediate command there is not yet determined.

Yours, in haste,

H. W. HALLECK.

FEBRUARY 13—7 p. m.

Maj. Gen. H. W. HALLECK, Saint Louis, Mo.:

Lane had no authority to give any orders. Countermand all that did not come from the Adjutant-General of the Army. But three Wisconsin regiments of infantry were authorized for Kansas; all other troops for there were cavalry. In your discretion suspend movement of any troops en route or under orders for Kansas and report the fact to me. How many batteries have you and how many more do you need? I am anxious about Fort Donelson. Will send 600 sailors for gunboats in the next week.

GEO. B. MCCLELLAN,
Major-General.

GENERAL ORDERS, HDQES. DEPARTMENT OF THE MISSOURI,

No. 37.

I. Brig. Gen. U. S. Grant is assigned to the command of the District of West Tennessee and Brig. Gen. W. T. Sherman to the command of the District of Cairo.

II. Commanders of districts, divisions, brigades, and posts, in the State of Missouri, are directed to have an immediate inspection of all their troops, for the discovery of stolen and contraband property and

fugitive slaves. General Orders, No. 3, series of 1861, will be strictly enforced, and any officer who has permitted it to be violated by his command will be arrested and tried for neglect of duty and disobedi ence of orders.

By command of Major-General Halleck:

N. H. MOLEAN, Assistant Adjutant-General.

GENERAL ORDERS, HDQRS. DEPARTMENT OF THE MISSOURI, Saint Louis, February 14, 1862.

No. 39.

}

I. Information having been received that certain judicial officers intrusted with the administration of the criminal laws and ordinances in this department have misunderstood the objects and purposes of the establishment of martial law in this city of Saint Louis, and in consequence of such misunderstanding have failed to enforce all those laws and ordinances; and as crimes and misdemeanors should at all times be strictly suppressed, it is hereby enjoined upon all such civil officers. whether as judges, attorneys, sheriffs, marshals, coroners, clerks, justices of the peace, presiding officers of police courts, constables, or members of the police, to strictly enforce all criminal laws and ordinances, to have arrested, tried, and punished in the courts established in the State, and in the manner prescribed by the laws of the State, all persons guilty of any violation of such laws and ordinances, in the same manner as if martial law had not been declared to exist.

II. And it is especially enjoined upon the judge of the Saint Louis criminal court to have a full complement of grand jurors at every sitting of the court, to strictly charge said grand jurors to diligently inquire into all crimes and misdemeanors under the laws of the State that may come to their knowledge, and present for trial such offenders known to them. And the assistant circuit attorney for this county is particularly required to faithfully aid and assist the said grand jurors and officers of said court in the discharge of their duties, and to strictly perform all charges devolving upon him by the laws of the State.

III. By the establishment of martial law in the city of Saint Louis it is not designed to interfere with or suspend the operation of the laws and ordinances of the State or city with reference to crimes and misdemeanors nor the remedies and process of the civil courts, except so far as the interests of the Government imperatively require. The civil authorities who attempt to interfere with the execution of military orders emanating from these headquarters will be punished for military offense, but in all other cases it is their duty to enforce the laws and punish crimes and misdemeanors.

By order of Major-General Halleck:

N. H. MCLEAN, Assistant Adjutant-General.

SAINT LOUIS, February 15, 1862.

Brig. Gen. SAMUEL R. CURTIS, Springfield, Mo.:

Be careful in your pursuit of Price. Don't separate or divide your forces. Keep them together and well in hand. Sigel's detour' lost the battle of Wilson's Creek. Don't let him lead you into the same error. H. W. HALLECK, Major-General.

Maj. Gen. H. W. HALLECK,

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Commanding Department of the Missouri, Saint Louis, Mo.: GENERAL: Major-General McClellan directs me to say that within the past three weeks 4,000 revolvers have been sent to you at Saint Louis, together with about 25,000 Prussian muskets, 2,000 single-barreled pistols, 5,000 sabers, and some other arms, of which you have had notice. Three thousand French rifled muskets and 3,000 sabers have been sent to the Governor of Illinois, and 5,000 Springfield rifles are ordered to you as fast as they are manufactured. Other good arms of all kinds will be sent to you as fast as they are manufactured. I am, general, very respectfully, your obedient servant, A. V. COLBURN, Assistant Adjutant-General.

GENERAL ORDERS,
No. 41.

HDQRS. DEPARTMENT OF THE MISSOURI,
Saint Louis, February 15, 1862.

I. At the request of the Acting Governor of Missouri, it is hereby ordered that at all future elections in this State, whether for State, municipal, county, or town officers, every voter will be required to take the oath of allegiance prescribed in article six of the ordinance of the Convention dated October 16, 1861. Officers of the polls will see to the execution of this order. If they receive votes of persons not taking the oath, they will be arrested and tried for military offense and the election will be declared null and void.

II. It was not intended by General Orders, No. 39, current series, to cast any reflection upon the loyalty and good intentions of the civil officers named therein, but simply to point out their duties during the existence of martial law in this city and State.

By command of Major-General Halleck :

GENERAL ORDERS,

No. 4.

N. H. MCLEAN, Assistant Adjutant-General.

HDQRS. SAINT LOUIS DISTRICT,
Saint Louis, Mo., February 15, 1862.

In compliance with Special Orders, No. 140, current series, headquarters Department of the Missouri, Í hereby assume command of the District of Saint Louis.

J. M. SCHOFIELD, Brigadier-General, Volunteers.

No. 100.

SPECIAL ORDERS, Fort Leavenworth, Kans., February 15, 1862. Col. Charles Doubleday, commanding Second Ohio Cavalry, is hereby appointed acting brigadier-general, and will be obeyed and respected accordingly.

HDQRS. DEPARTMENT OF KANSAS,

His brigade will consist of the Second Ohio Cavalry, Twelfth Wis

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