165 Series II Volume I- Serial 114 - Prisoners of War
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also it is understood by Major-General Polk, no provision is made respecting medical officers. When exchanged it will be according to their assimilated rank.
II. As humanity requires and the usages of civilized warfare permit that medical officers should be treated differently from ordinary prisoners of war it is proposed to officers commanding the enemy's forces to adopt the following rule with respect to them: Where captured with other prisoners of war they will be retained to take charge of their own sick and wounded as long as their services are so required. When their services, are not required for this purpose or when the particular command with which they are taken is exchanged or released they will be sent back to their own lines under a flag of truce without parole or exchange. In the meantime they will be subject to exchange according to assimilated rank. While employed in the care of the sick or wounded prisoners of war they will be allowed all proper facilities and indulgences. When released on parole the performance of medical duties in the field or hospital will not be constructed as a violation of parole. Exceptions will be made in regard to limits and indulgences only in special cases, as in cases of insurgents or the danger of the escape of other prisoners, when the reasons of the exception will be reported to these headquarters.
III. The terms with respect to medical officers taken prisoners of war will be proposed to the commanding officers of the enemy's forces in or adjacent to this department, and if agreed to by them they will be carried into effect; if not agreed to such medical officers will be treated the same as other prisoners of war.
By command of Major-General Halleck:
N. H. McLEAN,
Assistant Adjutant-General.
GENERAL ORDERS,
HDQRS. DEPARTMENT OF THE MISSOURI,
Numbers 39.
Saint Louis, February 14, 1862.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 object 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 know to them. And the assistant circuit attorney of for this county is particularly required to faithfully aid and assist the said grand jurors
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