The New York herald., 1862-01-12

siv courts Such cases however, must be investigated
and the guilty. parties punished The good OF society and
the safety Of the army imperouy demand this. They
power; but except in cases Of extreme urgency, mill
tary commander should himself attempt to decide up
On the guilt or OF individuals On the contrary
it's the usage and custom among all civilized nations
u refer such duly constituted military tribunal
composed Of reliable officers Who acting under the sole
nifty Of OATH and the responsibility always attached to
court Of record will examine Witnesses determine the
guilt innocence Of the parties accused, and x tho
punishment. This is usually done by courts martial;
but country these courts have very limited ju
rsdctiop both in regard to persons and offences Many
cannot be aragned before such courts
Tor any onence whatever, and many crimes committed
even by military officers, enlisted men or camp retain
srs cannot be tried under the Rules and Articles OF
such cases. and these commissions should be ordered
BY thesame authority be constituted IN similar man
ner and their proceedings conducted according to the
general rules courts MARTIAL p order to prevent
abuses which might otherwise arise.
II. As much msapprehenson has arisen in this de-
partment In relation to this subject the following rules
published for the information OF all concerned:
!. Military commissions can be ordered by only the
Ger of the department. and the proceedings must be sent
70 headquarters for revision.
They will be composed of not less than three men,
bers, one OF whom will act as Judge Advocate and Re-
corder where officer is designated for that duty.
larger number win be detailed where the public service
will permit.
g. All the proceedings will be recorded and signed by
the President and Judge Advocate and Recorder in the
cases Of courts martial These proceedings will be 60
vciucu oy Do Ooui 70 LIZA eio ~ io ey
may be applicable.
GJCivi offences cognzable by civil courts, whenever
such loyal exist will not be tried by military
commission. should therefore be stated In every ap
pication for commission whether or not there any
loyal civil court to which the civil offence charged be
referred for trial II must be observed, however that
many offences which in time of peace civil offences,
become in time Of military Offences and are to be
tried by military tribunal, even in places where civil
tribunals exist.
5. No case which by the Rules and Articles of War is
triable by court martial will be tried by military
soners before military commission should be 'sviolation
Of the laws Of war;, and never volaon Of the rules
ning and modifying the general mws of war in paiicu
lar cases, and IN regard to particular persons and
offences They DO not apply to cases not embraced in
che statute but all embraced must be tried by
court martial In other cases we must be governed by
the general code Of war
g. Treason as distinct offence Is defined by the con-
stituton and be tried oy courts duly constituted
BY law but certain acts OF reasonable character such
es conveying information to the enemy acting as spies,
&C., lltry offences, triabe by MILITARY tribenas,
and punishable by military authority.
The fact that those persons who are carrying
on hoSttes against the lawful authorities of the United
States rebels and traitors to tho does not
deprive them Of any Of the rights Of war the
with the duly authorized forces Of the socaled Cone
derate States and in the treatment of prisoners
OF war takon from such force, we must be 60
verned by the usages and customs Of war in
like cases. But tho rights so given to such pri-
soners by the laws Of war do not, according to the
same code exempt them from trial and punishment by
the proper courts for treason other offences against the
government. The rights which theyynay very properly
claim as begeents under the general rules Of beige
rent intercourse, ooxsercid e, ccnnot exempt them
from the runishmeht which they may have subjected
themselves citizens Under the laws Of the land
g. Again. solder duly enrolled and authorized
In militia capacity in the ehemys service is not
sordng to the code military individually responsible for
sSs s anas Sa ha q s Ss ssse ar
any act which he may commit in violation Of the
laws Of war. Thus, he cannot be punished by mill
tary tribunal for committing acts of hostility which
are authorized tho laws OF war; Dut he has
mtted murd robbery theft, arson &c the fact ofis
being prisoner Of war does not exempt him from trial
BY military tribunal
O. And again, while the code of war gives certain ,ex
smpons soldier regularly in the military service oc
IN enemy IL s . we'll established principle that insnr
gents, not mitarily organized under the laws OF 90
State predatory partisAns and guerrilla bands
Skled 70 such exemptions; such men not iegiti-
nately in arms, ard the military name and garb
which they have assumed cannot give military
:ssssisa TO $ sns crimes which they s Msy ss cSn. nit
lublc 10 the puihns.wt Which imposed upon
asssa ssn sy Napo'eo" Z; ss ard y s /"
JIG 'Knres, Assistant Adjutant General.
ST. Lors, MO. ,gsnf5I 1892
0esrar Srhgassd Resrned-Sudden Derarss from 81
aDsis--zyssa Of the Reocls-Rebels Dipe,sed NortA of
4kisouvi Rscer-Captare Of Bridge Bur~nsand OAers-
x2eps0va Of Prisoners to Alos-StdtcmcRtof a. fuyned
RSosI Soldier-Csrroeo,atsos@ Of c1yreponderas Es-
tinAss Of Rebel Loss at Wilson'S Crsek-les,eral Sioels
Resignation
General schoHeld returned last night from the line
~ tho North Missouri Railroad, where he has
been doing most effective service in dispensing
the rebel marauders OF that section. At noon ON
IL 26th uo General schoneld rsosived orders from
General Halleck to leave st. Louis Immediately for the
purpose ofatackng the rebels. who had been committing
euiragcs north Of tho Missouri river. Three hours
ser he his way thither, sndsrryed the follow.
ikg day at High Hin station, On ahe North Missouri
nth ~
Eighty first Ohio and Tenth Missouri regiments. He at
euce started in pursuit Of rebel band two hundred and
fty strong that known TO be Ia Galloway county ON
t way join General Prices beyond Osceoa
General Prentiss at the same time moved south from
Sturgeon, and the 2sth encountered the rebels nine
hundred strong at Mount Sion in Boone county and after
asho engagement dispersed them. This force OF nine
hupdrsd made up Of the two hundred and fifty
pursued by General schoheld and another body Of be.
tween six and hundred, principally recruits that
bound southwark. Gen. Prentiss having eGectuay
dispersed these rebels rather caused them separate
into small bands for the purpose Of cluding the
federal troops General Schoneld Immediately divided his
command into several parts, and commenced rapid pur
suit. He was unsncumbered with largo baggage trains
and thus able 10 make rapid For I've days
h bssted bis troops such provisions the country
Afforded and through the aid Of his scouts and such .
formation he could CLEAN from the loyal citizens and
negroes along his routes he captured several rowing
tkities. The counties Of Montgomery, Galloway Boone
and Audran have beon competeG scourcd aud nowhere
within thsrmits does General scho6ee think any rebel
force remains Nearly every road through those counties
has been rsversed and nearly every post town and VIII
.go visited and the traitors put TO nis. The most Of
his force has returned TO Martinsburg and Mexico but
some portions Of IL still the march, Eighty.four
prisoners, that were captured sngy small squads
are now IN the Generals possession and will shortly be
brought thither Five or six Of them known to have
hsen engaged In the railway dsstrucon, and will have
their Examination before q military commission
Shat has Seen ordered at Hudson by MserSeneral Hal
leck. Among those captured was Colonel Jef-Owens
prominent rebel OF that region who has lately been en-
gagged 10 recruiting for the rebel ranks He had gathered
company Of seventy strong in Monroe and Andran
Oounties and had just completed his organization when
General Price issued orders for the destruction OF the
faroade. Colonel Owcns-who 70 more properiy spoken
of ~ Captain Owcnssay5 that the plan laid and the
slime appointed by Gen. Price The order transmitted
verbally. and tho achemc snccessflIx carried Cant