of either Broomtown Valley or McLemore's Cove at once in order to forage the animals. I am so prostrated that I am not able to sit up, and I will this morning turn the command over to General Mitchell, and go to some place where I can have rest and an opportunity to recover my health. I desire to go to Nashville for treatment. Will you let me have one of the dummies to go to Nashville in? I will wait here at Winston's till to-morrow morning for an answer. I am, very respectfully, your obedient servant, HEADQUARTERS CHIEF OF CAVALRY, Valley Head, September 15, 1863-10 p. m. Brigadier-General GARFIELD, Chief of Staff: SIR: I have the honor to report that General Crook arrived at Dougherty's Gap at 12 m., driving a small scouting party before him. He is encamped upon the mountain, but has to go down into the valley for forage and water. Has no information of any rebels being near him, but will send an expedition down the cove to-morrow. The gap is clear. Columns of dust could be seen in the valley moving toward Rome. I shall move with the First and Second Brigades of the First Division, leaving the Third here, as soon to-morrow as the movements of the infantry column will permit. I am, very respectfully, your obedient servant. He is very P. S.-General Stanley will go to the rear to-morrow. sick, and I am fearful that he will have a serious time. Give me specific directions with regard to cavalry movements, and I will endeavor to carry them out. The cavalry are badly used up, both men and horses. We have sent to-day and will send to-morrow to Stevenson 300 sick soldiers. Truly, yours, ROBT. B. MITCHELL, HEADQUARTERS CHIEF OF CAVALRY, Col. E. M. McCook. Commanding First Division Cavalry: COLONEL: The general commanding directs that you have the empty wagons at this point to-morrow morning at 4 o'clock, on their road back to Stevenson, for supplies. The sick of your division will be loaded into these empty wagons and sent back to Stevenson. The reason for having them here at that time is that they may have an escort, which will start about that hour. He also directs that you send one large company from Colonel Watkins' brigade, in charge of an energetic and reliable officer, to establish a courier line from this point to General Rosecrans' headquarters over the mountain. They had better take what feed they can up the mountain, as they will find it difficult to forage there. Order the commanding officer to report here for instructions. I am, your obedient servant, WM. H. SINCLAIR, Assistant Adjutant-General. P. S.-We will not move from here to-morrow till about noon probably, unless some other orders are received. Watkins' brigade will be left here. HEADQUARTERS CHIEF OF CAVALRY, Col. E. M. McCook, Commanding First Division Cavalry: COLONEL General Stanley directs me to say that, having been taken so seriously ill as to be unable to retain his command, he has turned it over to Brigadier-General Mitchell, who will for the present act as chief of cavalry. I am, your obedient servant, WM. H. SINCLAIR, Assistant Adjutant-General. Col. E. M. McCook, HEADQUARTERS CAVALRY, Valley Head, September 15, 1863. Commanding First Division, Cavalry: General Stanley is going in the morning, and desires to start at 4 a. m. With a little exertion I think they can be prepared to start at that time. They must be ready to start at 5 o'clock at the farthest, in order to make their march before the heat of the day. Respectfully, ROBT. B. MITCHELL, Brigadier-General, Commanding Cavalry. HEADQUARTERS SECOND CAVALRY DIVISION, Maj. WILLIAM H. SINCLAIR, Assistant Adjutant-General: SIR I have the honor to report that I arrived here at 12 m. today; found a party of about 75 scouting on the mountain; chased them down Neal's Gap, capturing some of their hats and guns, with 1 horse, but did not get any of the men. I am encamped on top of the mountain. Have to go to the bottom for water and forage. Have heard nothing of any rebels about here. Will send an expedition down the cove to-morrow. The gap was blocked when I arrived here. All clear now. I can see columns of dust in the valley, moving toward Rome. I am, very respectfully, your obedient servant, GEORGE CROOK, Brigadier-General. Major-General BURNSIDE, Knoxville, Tenn. : From information received here to-day it is very probable that three divisions of Lee's army have been sent to re-enforce Bragg. It is important that all the troops in your department be brought to the front with all possible dispatch, so as to help General Rosecrans. H. W. HALLECK, General-in-Chief. ADJUTANT-GENERAL, WAR DEPARTMENT, Washington, September 15, 1863-4.35 p. m. Department of the Ohio, Cincinnati, Ohio: It is important that all the troops you can possibly collect in the department should be immediately sent forward to re-enforce General Burnside. This must be done with energy and expedition. H. W. HALLECK, General-in-Chief. CINCINNATI, OHIO, September 15, 1863. Maj. Gen. H. W. HALLECK, General-in-Chief: I have ordered Major-General Parke to push forward with the Ninth Corps with all possible dispatch. The First Division is in the vicinity of Cumberland Gap, the Second beyond Nicholasville. I am hurrying forward all the troops I can. W. P. ANDERSON, Assistant Adjutant-General, Department of the Ohio. HEADQUARTERS DEPARTMENT OF THE OHIO, Col. J. C. KELTON, A. A. G., Hdqrs. of the Army, Washington, D. C.: : COLONEL I have the honor to acknowledge the receipt of a telegram from the General-in-Chief, dated at 5 o'clock this evening, directing me to push forward with energy and expedition all the troops I could possibly collect in the department to re-enforce General Burnside at Knoxville. In compliance with these instructions, I have directed Major-General Parke, who arrived in this city this morning (just returning from sick leave), to at once proceed to Nicholasville, Ky., there to resume command of his corps, the Ninth, and to push forward with all possible dispatch to Knoxville, via Cumberland Gap. The First Division of the corps is now in the vicinity of and probably at Cumberland Gap, having started from Crab Orchard to join the general several days ago. The Second Division is at Nicholasville. The effective strength of the Ninth Corps is but 6,324. The batteries of the Ninth Corps can be of but little service, as they are in a terrible condition, most of their men being sick. Benjamin's battery (E) Second U. S. Artillery, reports 51 men for duty. Edwards' command, Batteries L and M, Third U. S. Artillery, reports 37 men for duty. I am also pushing forward to join the general three six-months' Indiana regiments, which have just been equipped, and about 3,700 old troops of General Boyle's command, being half that he has for duty. I consulted with Major-General Parke and Brigadier-General Cox in regard to the number of troops that it would be advisable to take from General Boyle, showing them the General-in-Chief's dispatch. They advised me not to send more than half, as it would not be safe to have the line of the Louisville and Nashville Railroad guarded by a smaller force at present. I think that these are all the troops that can be sent forward to the general with safety. I will do everything in my power to have them pushed forward with all possi'le dispatch. Very respectfully, your obedient servant, GENERAL ORDERS, No. 150. W. P. ANDERSON, Assistant Adjutant-General. HDQRS. DEPARTMENT OF THE OHIO, Cincinnati, Ohio, September 15, 1863. The commanders of army corps, districts, divisions, and separate brigades are authorized to order military commissions to try offenses against the laws of war which are not triable by a general courtmartial. But all sentences of such commissions extending to loss of life, confiscation of property, or imprisonment exceeding the term of thirty days, must be confirmed by the general commanding the department. The following extracts from Genera' Orders, No. 1, Headquarters Department of the Missouri, 1862, is, in regard to military commissions, published for the information and guidance of all concerned : First. Military commissions will be composed of not less than three members, one of whom will act as judge-advocate and recorder where no officer is designated for that duty. A larger number will be detailed where the public service will permit. Second. All the proceedings will be recorded and signed by the president and judge-advocate and recorder, as in the case of courtsmartial. These proceedings will be governed by the same rules as courts-martial, so far as they may be applicable. Third. Civil offenses cognizable by civil courts, whenever such loyal courts exist, will not be tried by a military commission. It must be observed, however, that many offenses which in time of peace are civil offenses become in time of war military offenses, and are to be tried by a military tribunal, even in places where civil tribunals exist. Fourth. No case which, by the Rules and Articles of War, is triable by a court-martial will be tried by a military commission. Charges, therefore, preferred against prisoners before a military commission should be "violation of the laws of war," and never "violation of the Rules and Articles of War," which are statutory provisions, defining and modifying the general laws of war in particular cases and in regard to particular persons and offenses. They do not apply to cases not embraced in the statute, but all cases so embraced must be tried by a court-martial. In other cases we must be governed by the general code of war. Fifth. Treason, as a distinct offense, is defined by the Constitution, and must be tried by courts duly constituted by law; but certain acts of a treasonable character, such as conveying information to the enemy, acting as spies, &c., are military offenses, triable by military tribunals and punishable by military authority. Sixth. The fact that those persons who are now carrying on hostilities against the lawful authority of the United States are rebels and traitors to the Government does not deprive them of any of the rights of war, so far as the military authorities are concerned. In our intercourse with the duly authorized forces of the so-called Confederate States, and in the treatment of prisoners of war taken from such forces, we must be governed by the usages and customs of war in like cases. But the rights so given to such prisoners by the laws of war do not, according to the same code, exempt them from trial and punishment by the proper courts for treason or other offenses against the Government. The rights which they may very properly claim as belligerents under the general rules of belligerent intercourse-commercia belli-cannot exempt them from the punishment to which they may have subjected themselves as citizens under the general laws of the land. Seventh. Again, a soldier duly enrolled and authorized to act in a military capacity in the enemy's service is not, according to the code military, individually responsible for the taking of human life in battle, siege, &c., while, at the same time, he is held individually responsible for any act which he may commit in violation of the laws of war. Thus, he cannot be punished by a military tribunal for committing acts of hostility which are authorized by the laws of war; but if he has committed murder, robbery, theft, arson, &c., the fact of his being a prisoner of war does not exempt him from trial by a military tribunal. Eighth. And again, while the code of war gives certain exemptions to a soldier regularly in the military service of an enemy, it is a well-established principle that insurgents, not militarily organized under the laws of the State, predatory partisans, and guerrilla bands are not entitled to such exemptions; such men are not legitimately in arms, and the military name and garb which they have assumed cannot give a military exemption to the crimes which they may commit. They are, in a legal sense, mere freebooters and banditti, and are liable to the same punishment which was imposed upon guerrilla bands by Napoleon in Spain and by Scott in Mexico. By command of Major-General Burnside: 42 R R-VOL XXX, PT III W. P. ANDERSON, Assistant Adjutant-General. |