MARTIAL LAW. 



441 





based. On the 14th of August, General Fre- 

 mont proclaimed martial law in St. Louis. The 

 following is his proclamation : 



HEAD-QUARTERS WESTERN DEPARTMENT, I 

 ST. Loris, Aug. 14. f 



I hereby declare and establish martial law in the 

 City and Count v of St. Louis. Major J. McKinstry, 

 United States Army, is appointed Provost-Marshal. 

 All orders and regulations issued by him will be re- 

 spected and obeyed accordingly. 



Signed, .CC. FREMONT, 



Major-General Commanding. 



On the same day, Major McKinstry issued a 

 proclamation to the citizens, as follows : 

 To the People of tht. City and County of St. Lou-is : 



The undersigned having been appointed Provost- 

 Marshal of the City and County of St. Louis, calls upon 

 all good citizens to cheerfully obey the rules it has been 

 deemed necessary to establish ia order to insure the 

 preservation of the public peace. 



The undersigned enters upon the duties of his office 

 with a full sense of the responsibility that devolves 

 upon him, and he deprecates as sincerely as any citi- 

 zen can, the state of affairs that compels the establish- 

 ment of the stringent measures he will enforce, but 

 having confidence m the loyalty and patriotism of the 

 masses, he appeals to them to cooperate with the civil 

 and military authorities in preserving peace and good 

 order in the" city and county. 



The civil law will remain in force, and the under- 

 signed will exercise the power given him only in case 

 where the civil law is found to be inadequate to the 

 maintenance of the public peace and the public safety. 

 Any violation of order will be followed by prompt and 

 ade'quate punishment, regardless of persons or posi- 

 tions. J. MCKINSTRY, 



Major TJ. S. Armv, Provost-Marshal. 

 Office of the Provost-Marshal, St Louis, Mo., August 

 14, 1861. 



ORDER NO. 20. 



OFFICE PROVOST-MARSHAL, Aug. 14, 1861. 

 The wearing of concealed weapons by any persons 

 not in the military service of the United States, or in 

 the regularly constituted police force of the city, is 

 hereby prohibited. 



No "excuse of any kind or description will mitigate 

 the severe punishment ordered to be inflicted for a 

 violation of this order. J. McKINSTRY, 



Major U. S. Army, Provost-Marshal. 



ORDER NO 21. 



OFFICE PKOVOST-MARSHAL, ST. Lons, Aug. 14.^ 

 Notice is hereby given to gunsmiths and dealers in 

 fire-arms, residents in the city and county of St. Louis, 

 that no description of fire-arms will be permitted to be 

 sold or given away after this date, without a special 

 permit from this office. J. McKINSTRY. 



Major U. S. Army, Provost-Marshal. 



As a further illustration of this subject, the 

 following documents, although belonging to the 

 records of the ensuing year, are introduced in 

 this place. They serve to show the views enter- 

 tained by the Confederate Government, and 

 the manner in which it acted in the execution 

 of martial law : 



GENERAL ORDERS XO. 1. 



"WAR DEPARTMENT, ADJUTANT AND INSPECTOR- ) 

 GKNEEAL'S OFFICE. RICHMOND, April S. 1562. J 

 I. The following proclamation is published for the 

 information of all concerned : 



PROCLAMATION. 



By virtue of the power vested in me, bv law, to de- 

 clare the suspension of the privilege of the writ of 

 habeas corpus : 



I, Jefferson Davis, President of the Confederate 



States of America, do proclaim that martial law is 

 hereby extended over the Department of East Ten- 

 nessee, under the command of Major-General E. _K. 

 Smith ; and I do proclaim the suspension of all civil 

 jurisdiction, (with the exception of that enabling the 

 courts to take cognizance of the probate of wills, the 

 administration of the estates of deceased persons, the 

 qualification of guardians, to enter decrees and orders 

 for the partition and sale of property, to make orders 

 concerning roads and bridges, to assess county levies, 

 and to oraer the payment of county dues,) and the 

 writ of habeas corpus aforesaid. 



In witness whereof, I have hereunto signed my name 

 and set my seal, this the 8th day of April, in the year 

 one thousand eight hundred and sixtv-two. 



[Seal.] JEFFERSON DAVIS. 



II. Major-General E. K. Smith, commanding De- 

 partment of East Tennessee, is charged with the due 

 execution of the foregoing proclamation. He will 

 forthwith establish an efficient military police, and 

 will enforce the following orders: 



The distillation of spirituous liquors is positively pro- 

 hibited, and the distilleries will forthwith be dosed. 

 The sale of spirituous liquors of any kind is also pro- 

 hibited, and establishments for the sale thereof will be 

 closed. 



III. All persons infringing the above prohibition 

 will suffer such punishment as shall be ordered by the 

 sentence of a court-martial : Provided, that no sen- 

 tence to hard labor for more than one month shall be 

 inflicted by the sentence of a regimental court-martial, 

 as directed by the 67th Article of War. 



By command of the Secretary of War. 



S. COOPER, Adj't and Inspector-GeneraL 

 Official : H. L. CLAY, A. A.-G. 



GENERAL ORDERS XO. 23. 

 HEAD-QUARTERS DEPARTMENT EAST TF.XS., ) 

 KNOxyitLE. April IS. 1S62. f 



I. Col. W. M. Churchwell is appointed Provost-Mar- 

 shal, and charged, under the direction of the Major- 

 General commanding, with the due execution of the 

 foregoing proclamation in this Department. 

 By command of Major-General 



E. KJRBF SMITH. 

 H. L. CLAY, A. A.-G. 



HEAD-QUARTERS DEPARTMENT EAST TKTH., 1 

 Omen PROVOST-MARSHAL. KyotviLZ, April 18,1862. J 



Martial law having been declared in this Depart- 

 ment, the people of East Tennessee are notified that 

 whilst the criminal courts of the land continue in the 

 exercise of their functions, they the people are 

 amenable for offences committed under the " Articles 

 of War," and thev can be tried, under the orders of 

 the Department Commander, by military courts. 



The following extracts from the Rules and Articles 

 of War, are published for their information and guid- 

 ance: 



ARTICLE 5. Any officer or private who shall use con- 

 temptuous or disrespectful words against the Presi- 

 dent of the Confederate States, against the Yiee-Presi- 

 dent thereof, against the Congress of the Confederate 

 States, or against the Chief Magistrate or Legislature 

 of any of the Confederate States in which he may be 

 quartered, if a commissioned officer, shall be cashiered, 

 or otherwise punished, as a court-martial may decide ; 

 if a non-commissioned officer or soldier, he shall suffer 

 such punishment as shall be inflicted By the sentence 

 of a court-martial. * , * 



ART. 23. Any officer or soldier who shall be con- 

 victed of having advised or persuaded any other offi- 

 cer or soldier to desert the service of the Confederate 

 States, shall suffer death, or such other punishment as 

 shall be inflicted upon him by the sentence of a court- 

 martial. * * 



ART. 55. Whosoever, belonging to the armies of the 

 Confederate States in foreign parts, shall force a safe- 

 guard, shall suffer death. 



ART. 06. Whosoever shall relieve the enemy with 



