\ 
 
The Supremacy of the Law in Missouri. 
 
 r 
 
 c h: A. R a E 
 
 THE UNITED STATES GRAND JURY 
 
 OF THE WESTERN DISTRICT OF MISSOURI, 
 
 GIVEN AT THE MARCH TERM, 186S, 
 
 PROCLAMATION OF GOVERNOR FLETCHER. 
 
 LETTER OF MAJOR GENERAL POPE, 
 
 TOGETHER WITH 
 
 INSTRUCTIONS OF THE ATTORNEY GENERAL OF MISSO^JRI, 
 
 AND APPENDIX CONTAINING FORMS, Etc. 
 
 JEFFERSON CITY: 
 
 W. A. CUHKY, PUBLIC PRINTEBi 
 1865. 
 
V 
 
 (.51 1i 
 
 TMP96-0076C8 
 
/f/ 
 
 PROCLAMATION 
 
 THE GOVERNOR OF MISSOURI 
 
 State of Missouri, Executive Department, 
 City of Jefferson, March 7, 1865. 
 
 Whereas, There no longer exists within the State of Missouri any organized force of 
 the enemies of the Government of the United States, recognized as entitled to the usages of 
 war among civilized nations ; and, ivhereas, the supremacy of the civil law is the desire of 
 all good citizens — its protection to those who obey, and its infliction of known and just 
 punishment on those who violate it — the ends for which Governments are established, and 
 the restoration of its power the sole purpose of the armed forces of the United States and 
 the State of Missouri : 
 
 Now, therefore, I, Thomas C. Fletcher, Governor of the State of Missouri and Com- 
 mander-in-Chief of the Missouri Militia, desiring to give, to every citizen an opportunity of 
 uniting with the civil authorities for the restoration of peace and order, on the basis of the 
 administration of justice, as embodied in the civil law, before the commencement of active 
 operations by the military force now being organized to effect the common object, do invite 
 all men who have not made themselves infamous by crime to unite together for the support 
 of the authority of the officers of the law, and to make common cause against whomsoever 
 shall persist in making, aiding or encouraging any description of lawlessness ; and I do 
 hereby request all judges and justices of the peace within the State of Missouri to hold 
 regular terms of their courts, and to exercise all the authority in them vested by law for the 
 protection of the lives and property of the people and the preservation of the peace of the 
 State, and to these ends not only to exercise the authority conferred upon them by the laws 
 of the State, but also, when necessary, to use the power given them under the national 
 statutes to arrest and bind to keep the peace, or for trial, or commitment to jail, as the 
 circumstances may require, all ofTenders against the criminal laws of the United States for 
 appearance before, and trial in, the United States Courts ; and all judicial and ministerial 
 officers of the law are requested to apply to the nearest military district or post commanders 
 for such escort, guards or military force as may be necessary to enable them to effect these 
 objects. 
 
 In testimony whereof, I, Thomas C. Fletcher, Governor as aforesaid, have hereunto 
 set my hand and caused to be affixed the great seal of the State of Missouri. 
 
 Done at the City of Jefferson this seventh day of March, in the year of our 
 
 [l. s.] Lord one thousand eight hundred and sixty-fire ; of the independence 
 
 of the United States the eighty-ninth, and of the State of Missouri tbt 
 . forty-fifth. 
 
 THOMAS C. FLETCHER. 
 
 By the Governor : 
 
 Francis Rodman, Secretary of State. 
 
PROCEEDINGS 
 
 UNITED STATES GRAND JURY. 
 
 The following proceedings of the United States Grand Jury were had 
 on the 9th instant, and formally communicated to the Court : 
 
 Grand Jury Room, 
 Jefferson City, March 10, 1865. 
 
 Resolved, That we, the Grand Jury, tender to His Honor, Judge Treat, our 'sincere 
 thanks for his very able and patriotic charge to us on the 6th and 9th instant, and 
 respectfully request that a copy of the same be furnished for publication. 
 
 Resolved, That we hail with the greatest satisfaction the assurance of a speedy en- 
 forcement of the civil laws throughout the State given us in the Proclamation of Governor 
 Fletcher and the letter of Major General Pope, and believe that if their publication in pam- 
 phlet form, together with the charge of Judge Treat, could be provided for and extensively 
 circulated throughout the State, they would go far towards restoring a feeling, of security 
 for life and property, and would have the effect in a great degree to remove the feelings of 
 despondency and insecurity from which the interests of the State now suffer, more than 
 from the presence of lawless desperadoes and characters within her borders. 
 
 Resolved, That it would be gratifying to us, as the friends and admirers of the lamented 
 Judge Wells, no less than to the people of the State at large, if His Honor, Judge Treat, 
 ■would al^o furnish a copy for publication of his eulogy on the life and character of that 
 iietinguished jurist, delivered at the opening at the present term of this Court. 
 
 Adopted by the Grand Jury this 10th day of March, 1865. 
 
 HIRAM H. BARER, Foreman. 
 Charles A. Rock, Secretary. 
 
 < 
 
/fl 
 
 CHARGE. 
 
 Q-entlemen of the Jury : 
 
 Upon you, as the Grand Inquest of the United States for the Western 
 District of Missouri, a peculiarly responsible duty has been devolved — a 
 duty which is, at all times, delicate and onerous, but which, in the present 
 disturbed condition of the State, demands unusual diligence and energy. 
 
 You are aware that during the vacancy caused by the lamented death 
 of Judge Wells, the United States District Judge of the Eastern District 
 is required by the laws of the United States to exercise the functions of 
 such judge for the whole State. In discharge of that sacred trust, it be- 
 comes me to meet the solemn responsibilities of the position with great 
 circumspection, scrupulous fidelity, and all needed firmness and impar- 
 tiality. 
 
 The times demand the fearless assertion of legitimate authority, to the 
 end that law may reign supreme. Without law there can be no liberty ; 
 and every friend of free government is, therefore, bound, not only to urge, 
 but also to labor for its just supremacy. The rights of all are involved 
 in its purity and efficiency. Precisely in proportion to the magnitude of 
 the dangers in which the people are involved should be the energy and 
 fearlessness with which the laws for individual and public safety are 
 enforced. You know far better than others can describe the terrible evils 
 under which the people of this State have been struggling, and from which 
 they are not yet wholly delivered, and you can, therefore, appreciate the 
 blessings to flow from a restoration to the law of its full and beneficent sway. 
 The desolations of the past and the apprehensions for the future have 
 made, and are still making, a sad record for this State and for our com- 
 mon country. Armed resistance to the laws of the land has brought death 
 and dismay to nearly every hearthstone. The success of our troops has 
 relieved this State of every armed force of a hostile character which 
 could have the shadow of a pretext for claiming immunity from criminal 
 punishment or any leniency in inflicting it. Still many counties are filled 
 
6 ' CHARGE TO GRAND JURY. 
 
 with alarm, an'd parts of others deluged with crime. Fiendish brutality 
 tramples ruthlessly upon life, liberty and property. No sex, age or con- 
 dition is suffered to escape. For all this there is a remedy — a remedy 
 which must be speedily applied, and which will be effective, if the officers 
 of the law, civil and military, discharge their whole duty, and meet with 
 cordial support from the people. Of themselves, those officers can do but 
 little ; they are comparatively few in number, and must be powerless in 
 the presence of gigantic crimes, unless the people give positive and unhes- 
 itating and determined aid. Those threatened with danger must labor to 
 avert it ; and all who have suffered, or who are exposed to suffering, must 
 put forth the needed efforts for their own safety. Those efforts the law 
 requires of them, as well as their own peace and happiness; and the law 
 also provides the means whereby each and every citizen can do his part in 
 the present exigency. 
 
 But this is not the time or place for a detailed exposition of the many 
 ways in which law-abiding and well-disposed persons can contribute to the 
 desired result. Suffice it to say, in general terms, that the constituted 
 authorities should be zealously supported in every movement for the 
 restoration of civil order and the supremacy of the civil law. To that 
 end armies have been raised and victories won ; but if the people, for 
 whose rights and liberties so many battles have been fought, sh<>ll supinely 
 permit anarchy and lawlessness and terrorism to dominate, crimes of every 
 hue to run riot, unchecked and unresisted, the dawn of a better day will 
 never come. Every one owes to the society of which he is a member, and 
 within which he seeks protection, not a cold or grudging, but a cordial and 
 active support. 
 
 One of the duties w'nich American society exacts you have been sum- 
 moned here to perform. Under our free system of government no man 
 can be put upon trial for crimes alleged against him until a Grand Jury of 
 his countrymen, after a full and impartial investigation, finds, from sworn 
 testimony, that the accusations against him need, for their final adjudica- 
 tion and settlement, an open trial before a jury fairly impanneled for that 
 purpose. Hence, Grand Juries are both the shield of the innocent and the 
 sword of power against the guilty. They sift all accusations thoroughly, 
 dismissing the frivolous and unfounded, and confirming the serious and 
 true. Their duty is not, as has been too often said, to listen merely to 
 evidence of guilt, or evidence tending to establish guilt, but also to weigh 
 impartially all testimony before them, or accessible, whether it tends to 
 establish guilt or innocence. They are to make true presentments, such 
 as the whole evidence convinces them the truth demands. They are sworn 
 to act without fear, favor or affection, in the spirit of exact justice and 
 scrupulous impartiality. Their proceedings aro secret and ex parte, in 
 order that the guilty mav not escape and that they may not be over- 
 
CHARGE TO GRAND JURY. '^ V-/ 7 
 
 awed or influenced by external clamor, threatenings or force, or swayed 
 from the right through sympathy or temptation. They are to know no 
 fear. Although crime may abound in the land and be backed by mobs or 
 shielded by the crafty and powerful, the Grand Jury must proceed with its 
 task undismayed. Indeed, when crime thus confronts justice, the duty to 
 repress it speaks with a more commanding voice. The humblest in the 
 land has the clear right to all the potent agencies of the law for his pro 
 tection, though the multitude clamor never so fiercely for his crucifixion, 
 or the hand of power is raised to smite him lawlessly. 
 
 It is precisely because crime is now so prevalent and defiant in this 
 State that this Court deviates from its wonted course by directing your at- 
 tention to the urgent necessity for bold and prompt action on the part of 
 juries and courts; because opposition to law assumes giant proportions, and 
 armed forces have to be summoned to the aid of justice, courts should not 
 abandon the cause or desert their posts of duty. The best energies of all 
 clothed with authority are needed ; and none can with honor or honesty 
 shrink from his appointed part in the great work. Tour part, gentlemen, 
 is especially important. Through the juries impanneled in the Federal and 
 State courts must ultimately come the restoration of civil supremacy and 
 the consequent conservation of civil liberty. There is enough for all of 
 them to do ; and the well being of the people calls for the active labors of 
 all. In the United States courts in Missouri, and in the enforcement of 
 United States laws by every one intrusted with their administration, let 
 the example of thorough work and fearlessness be set, so that all may be 
 stimulated to a full discharge of their respective duties. 
 
 The line of jurisdiction between the State and Federal courts is clear 
 and well defined. Every ofi"ense cognizable by the latter is so declared by 
 acts of Congress — is, therefore, statutory. The United States courts and 
 magistrates have no common law jurisdiction ; that is, have no cognizance 
 of common law or State offenses. Hence, unless an act done is declared 
 by some law of Congress to be a crime or offense, no United States court 
 or United States magistrate has any jurisdiction over the subject matter. 
 If the offense be, however, one known to the statute law of the State, or 
 to the common law as in force in Missouri, the State courts and officers will 
 take cognizance of it. But crime may often have a double aspect ; it may 
 be at the same time an offense against Federal and State laws ; or, in other 
 words, the wrong done may be a crime committed against each. Thus 
 treason against the United States may be perpetrated at the same instant 
 with murder. In such cases whichever tribunal first obtains custody of the 
 offender, will hold it without interference from any other; and comity de- 
 mands that when the criminal is discharged by the first, he shall be turned 
 over to the other for its final action. Hence, there can be no conflict of 
 jurisdiction, but a like desire for the punishment of guilt. The United 
 
8 CHARGE TO GRAND JURY. 
 
 States courts and magistrates would hardly perform their duty if, upon 
 hearing a case of supposed violation of Federal law, they suffered the pris- 
 oner to escape. because the charge was unsustained, while it appeared from 
 the examination on trial that he was justly amenable to the outraged crim- 
 inal code of the State. So with State officers; they should in like manner 
 aid the Federal tribunals. 
 
 But an early act of Congress made provision in part for this condition 
 of affairs. The act of Congress approved September 24, 1789, commonly 
 known as the Judiciary Act, (section 33) vested in every judge or justice 
 of a State Court, and in every justice of the peace or other committing 
 magistrate of a State, authority to issue process for the arrest of an 
 offender against the United States laws, to examine the case and to commit 
 or bail him for trial before the proper United States court. Such State 
 officer is required to return promptly copies of the. process and recog- 
 nizances before him, into the clerk's office of the United States Court where 
 the offense is triable. The forms of proceeding in such cases are substan- 
 tially the same as in State cases; and, when proper, the State officera 
 should take recognizances for the appearance of the witnesses as well as 
 of the accused. The only cases in which bail is not admissible by them is 
 where the punishment is daath. It may often happen that a person brought 
 before a State magistrate for an offense against one law will be found guilty 
 of an offense against a different law, and as said magistrate has power tO' 
 commit and bail for trial in either the State or Federal courts, he can have 
 no difficulties as to his course ; that is, if the offense is proved to be against 
 the United States laws, the offender can be held to answer before a United 
 States c<3urt; if against a State law, before a State court. If there is no 
 United States judge or United States commissioner accessible, it is to be 
 hoped that State magistrates will, in these troubled times, cheerfully act in 
 aid of Federal authority whenever required. 
 
 But the provisions of the United States laws for ihe prevention of crime 
 are equally beneficial. The act of July 16, 1798, (1 U. S. Statutes, 609) 
 provides : 
 
 " That the judges of the Supreme Court and of the several district courts of the United 
 States, and all judges and justices of the courts of the several States having authority by 
 the laws of the United States to take cognizance of offenses against the constitution and 
 laws thereof, shall respectively have the like power and authority to hold to security of 
 the peace and for good behavior, in cases arising under the constitution and laws of the 
 United States, as may or can be lawfully exercised by any judge or justice of the peace of 
 the respective States, in cases cognizable before them." 
 
 The power thus given to State officers "to hold to security of the 
 peace and good behavior," in respect to the United States laws and Gov- 
 ernment, is confined, it will be observed, to "judges and justices of State 
 Courts." The mode of proceeding in this respect is substantially the 
 
CHARGE TO GRAND JURY. 9 
 
 same as in State cases. There is no need, therefore, when an offense is 
 committed against the United States, or threatened, or when a person so 
 acts as to make himself amenable to a peace warrant, that he should be 
 permitted to go at large, to the disturbance or danger of the community, 
 because a United States officer is not in the neighborhood. 
 
 Although some of the matters thus referred to are not properly such 
 as will come before you as grand jurors, yet, you are citizens both of the 
 United States and of the State of Missouri, and interested in the enforce- 
 ment of both Federal and State laws. When you return to your homes, it 
 is well that you should bear with you for your own guidance and for the 
 security of your respective neighborhoods, the important fact that your 
 State magistrates have authority adequate to every emergency. 
 
 It may not be improper to add, by way of correcting an error too com- 
 mon in this State, that it is not only the right, but the duty of every cit- 
 izen to arrest every offender when seen in the perpetration of crime ; and 
 that no warrant is needed for that purpose When so arrested he must be 
 promptly turned over to the proper civil authority to be dealt with as the 
 law demands. Although sound policy may sometimes dictate that men in 
 the military service should not busy themselves too frequently in civil 
 affairs, yet there is no rule of law which strips a citizen in such service 
 of the lawful power to make such arrests, or relieves him of the duty, 
 unless military discipline exacts non-interference in particular cases, or 
 under especial circumstances. He is subject while in that service to the 
 commands of his military superiors, and must obey their orders; conse- 
 quently they, in preserving proper discipline, may deem it prudent to pre- 
 vent their soldiers from acting without such orders. The lawful power, 
 however, is still in every citizen, to be exercised by him as duty permits 
 or requires. 
 
 In most of the cases of outrage and violence in this State, of which 
 the public press makes frequent mention, the crimes are probably cogniza- 
 ble either exclusively by State officers, or concurrently with United States 
 officers. As there are probably no organized armed forces in this State 
 acting under so called Confederate commissions, every act of homicide, 
 or robbery, or arson, or larceny, or malicious mischief, or other offense 
 committed by marauders, commonly known as " bushwhackers," is a 
 crime or offense against the State, and punishable as such. Those ruffians 
 and criminals are not soldiers in any military or other recognized sense, 
 nor so identified with the armies of the rebellion as to be entitled to the 
 treatment granted to prisoners of war. They are simply murderers, 
 thieves, robbers, etc., and should be arrested, tried, and punished accord- 
 ingly. 
 
 Although United States courts have no control over, and mu?t remain 
 uninfluenced in their decisions by reasons of State, or State policy sa- 
 
10 CHARGE TO GRAND JURY. 
 
 called, yet, no cause or policy of any kind is now known to exist, or to be 
 recognized by any State or United States officer, civil or military, for 
 withholding from murderers, robbers and thieves, the punishment through 
 the civil tribunals which the law pronounces against them. Surely system- 
 atic and cold-blooded murders perpetrated by armed gangs, banded to- 
 gether as bandits, for the mere purpose of assassination and plunder, gen- 
 erally committed, too, upon the defenseless, have no element in them which 
 calls for the slightest leniency, nor do they admit for a moment of any 
 other classification than among the vilest and most fiendish crimes ever 
 perpetrated by abandoned outcasts, even in barbarous ages and climes. It 
 is well for Missouri and the country that active measures of the most 
 stringent character, civil and military, are now being inaugurated for the 
 extirpation of those fiends. If every good citizen will fearlessly do his 
 duty, by cooperating in the needed work, the State will soon be restored to 
 her once happy and peaceful condition, when industry reaped its certain 
 reward, and every one within her borders rested undisturbed in the full 
 enjoyment of the manifold blessings which civil liberty and the supremacy 
 of law showered upon him. 
 
 You, on your return to your homes, should remember, then, that you 
 are not only armed by law with power to arrest every offender caught in 
 the act, but that it is the duty of yourselves and of all others to give to 
 the civil magistrates and others in authority immediate and full information 
 concerning criminals and dangerous persons lurking in your respective 
 neighborhoods. Impress upon all your fellow citizens the necessity of an 
 earnest discharge of this duty. The fullest protection will be guaranteed 
 and furnished to every county by both the military and civil authorities. 
 No one who has been free from crime, and who is not, by his threats or 
 conduct, evidently dangerous to the peace and good order of the commu- 
 nity, will be molested. Proper discipline among the soldiers will prevent 
 their interference with rights of person and property ; and that discipline 
 it is the determination of the commanding generals in this military division 
 and department to see enforced at once. The soldiers are sworn to' obey 
 the rules and articles of war, as enacted by Congress, and, those rules 
 fally obeyed, will restrain all in the military service from annoying the 
 people where they may be stationed. Their officers are bound by military 
 law to keep their forces in good order and obedient to duty. The military 
 code was adopted for their government, and provides, through courts mar- 
 tial, for the punishment of all wrongs committed by them. They are 
 citizens like yourselves, and have the same interest in maintaining the law. 
 Their temporary employment as soldiers, it is hoped, will soon be over, 
 and then they will return to civil life, to share "with their fellow citizens in 
 the blessings of freedom upheld by wise and beneficent laws, enacted and 
 to be enforced for the good of each and all. Lawlessness will entail upon 
 
CHAKGE TO GRAND JURY. ^11 
 
 them, and their children and kindred, the same terrible curses which are 
 sure to follow irreverence for law and anarchy. They have, therefore, no 
 interests distinct from other citizens. They have been summoned to the 
 field, and have endured hardships and dangers, for the purpose of vindi- 
 cating the majesty of the law, and restoring its peaceful and benignant 
 supremacy. Their mission is to aid and uphold lawful authority in all its 
 vigor — to enable its civil oflScers once again to execute its behests, without 
 let or hindrance, in the wonted and peaceful manner which the organic 
 laws are framed to secure. Their duties and interests coincide with those 
 of all well disposed citizens, and there should be cordial cooperation, kind 
 and friendly feelings, and mutuality of good will and assistance to the 
 common end. There will then be no conflicts of authority, and no disre- 
 gard of each other's rights. 
 
 It is a great mistake to suppose that civil and military law and author- 
 ity are in conflict with each other. When rightly understood and inter- 
 preted, they are in perfect harmony. They are equal to every possible 
 emergency, and meet all the shifting conditions of society. The princi- 
 ples underlying them are the same, and work to the same end. Unfortu- 
 nately, that great truth is not duly appreciated at all times, nor properly 
 acted upon. Still, the truth remains. A government of laws, which is 
 the only free government possible, would not be equal to its own safety or 
 the safety of its citizens if it left any possible condition of afl"airs unpro- 
 vided for. In ordinary and peaceful times it enforces the laws through its 
 ordinary civil tribunals. Its process is served, and obstructions to its admin- 
 istration removed or overcome, by marshals and sheriff's and constables, with 
 or without the aid of a civil posse. When, however, the resistance is too 
 formidable for such agencies, an armed or military posse is organized. 
 Our whole military system, under the constitution and laws, looks to the 
 twofold purpose of protection from foreign and from domestic foes — to in- 
 vasion and insurrection alike. As the marshal, with or without a posse, 
 is authorized to arrest oflfenders and hold them as prisoners, subject to the 
 final disposal of their cases by the competent civil authority, and cannot 
 torture or destroy them of his own volition or arbitrary will, and may use 
 for their arrest and detention whatever degree of force is necessary, being 
 responsible therefor, even to the death of the unyielding ofl"ender, so the 
 commissioned soldier, in repelling invasions or suppressing insurrections, 
 seeks the capture of opposing forces and the overthrow of resistance, and, 
 in so doing, uses the necessary force therefor, even to the slaughters of the 
 battle field ; but, when the enemy is taken, he becomes a prisoner, subject 
 only to the treatment due to prisoners of his class. The analogies are com- 
 plete. The United States Marshal is, commissioned io qtx^oxcq legal process; 
 soldiers are commissioned to execute the law, under the orders of their 
 superiors. No uncommissioned man can usurp the functions of a marshal 
 
12 CHARGE TO GRAND JURY. 
 
 or soldier. Governments never can, and never do, abandon their duties to 
 chance, or permit any one who chooses to usurp their functions. Hence, 
 usurpation of a civil or military office is alike unwarrantable. By the laws 
 of war, unauthorized or uncommissioned forces are not entitled to protec- 
 tion or leniency. No one can make war except the sovereign ; and all 
 private wars are forbidden. Bands of marauders, by whatever name 
 known, are not soldiers ; they are ordinary criminals, to be punished as 
 such. They are ^^ hostes humani generis" like pirates on the high seas, 
 and not considered in law as warriors or soldiers, or entitled to the treat- 
 ment which prisoners of war receive ; but subject to capture and trial and 
 punishment for crime. It is apprehended, as has been already said, that 
 such is the real status of every marauder now in Missouri. If any one 
 has a Confederate commission, then being within our lines without the re- 
 quired pass or safe conduct, he is liable to the doom which the laws of 
 war impose upon spies. So all marauders in this State fall within one of 
 three classes, viz : Offenders against the criminal laws of the United 
 States, or offenders against the criminal laws of the State, or offenders 
 against the laws of war. They are, therefore, to be punished under one 
 of those three heads, according to the facts of his case. By the active 
 cooperation of the several classes of officers to whom the respective duties 
 are intrusted, the United States military and civil officers and the State 
 military and civil officers, every offender may be brought to justice. It is 
 proper, however, for each class to turn over to the other, so far as practi- 
 cable, the exercise of its appropriate jurisdiction. Instead of the discharge 
 of criminals or dangerous persons arrested by the military, either on 
 parole or otherwise, they should be surrendered to the civil tribunals, so 
 that they may be punished for their crimes, or held to security of the 
 peace and good behavior. 
 
 With full assurance that the laws are to be rigidly and impartially 
 enforced in every county in this State, so that every man, woman and 
 child, however humble in position or obscure, shall have hereafter, not 
 only the fullest measure of protection and securisy the laws contemplate, 
 but also freedom from unjust interference with his rights of person or 
 property; that all, high and low, whether in or out of civil or military 
 service, will be held to strict accountability for every violation of duty. 
 With such assurance now promised by both Federal and State function- 
 aries, all apprehensions of continued disorder should be promptly dis- 
 carded, neighborhood prejudices, bickerings and strife cease, the wonted 
 industrial pursuits be everywhere resumed, and good feeling, fraternal sen- 
 timents and just conduct resume their rightful and blessed sway. 
 
 It is to aid so desired a result that it has been deemed proper to travel 
 in this charge beyond the mere statement of law for your immediate con- 
 sideration in the jury room. One of the wisest of philosophers, states- 
 
CHARGE TO GRAND JURY. / ^^ 13 
 
 men and jurists enjoined upon all oflficers intrusted with the conduct of 
 public affairs, the necessity of treating popular apprehensions or fears as 
 existing facts, not to be overlooked, disregarded, or left remediless. To 
 him who is possessed with a dread or belief of impending danger, which 
 he cannot escape without the interposition of others, or without instant 
 flight, the anguish of his position is as real and will as surely furnish the 
 basis of his action, as if the dreaded danger were not a groundless appre- 
 hension. Such a person needs relief, and the best which can be adminis- 
 tered is the pledge by those able and resolved to execuo it, that he shall 
 surely be shielded from all harm and annoyance. 
 
 It should be understood that for every oifense hereafter committed, 
 punishment will surely follow. There should be in the new order of 
 affairs here, no claims to indulgence or leniency towards criminals. Every 
 offender in this State should, from this hour, know that he is not 
 only to be arrested and indicted, but brought to prompt trial and punish- 
 ment. To that end the United States JVTarshals and their deputies 
 throughout the State will be vigilant, and have, with the assistance of the 
 United States District Attorneys, the witnesses in attendance at the begin- 
 ning of the next terms of the respective United States courts in this State, 
 so that indictments may be found against all violators of the United States 
 laws, and trials be promptly had in all such cases. The military authori- 
 ties will, doubtless, furnish the marshals with ample military force to exe- 
 cute writs in every county where needed, so that the supremacy of the 
 law and its process may be vindicated to the fullest extent. In the 
 remotest and most unprotected precincts, as well as in the most populous 
 counties, the law must be felt with all its protecting care and blessings. 
 Let us all do our duty and the days of evil in this State will soon be num- 
 bered. 
 
 That you may have a clear knowledge of the principal laws of the 
 United States which are applicable to the existing condition of affairs, 
 the following epitome of them has been carefully prepared. It will serve 
 for your guidance, and for use by all State and United States magistrates 
 in Missouri where copies of the United States Statutes at Large are not 
 accessible. The epitome is designedly made as succinct and precise as 
 possible. 
 
 The following are the offenses cognizable on the part of the United 
 States which will be most likely to call for action : 
 
 TREASON. 
 
 Any act done in aid of the rebellion, and for that guilty purpose. 
 
 MISPRISON OF TREASON. 
 
 A guilty concealment of any act of treason committed by another, or 
 
14 CHARaB TO GRAND JURY. 
 
 failure to disclose the crime to the President, a United States judge, or the 
 Governor, or some State judge or justice. 
 
 CONSPIRACY. 
 
 A combination or agreement among two or more persons to overthrow, 
 put down, or destroy by force the Government of the United States ; 
 
 Or to levy war against the United States ; 
 
 Or to oppose by force the Government of the United States ; 
 
 Or by force to prevent, hinder or delay the execution of any law of 
 the United States ; 
 
 Or by force to seize, possess or take any property of the United States 
 against the will or contrary to the authority of the United States ; 
 
 Or by force, or intimidation, or threat, to prevent any person from 
 accepting or holding any office, or trust, or place of confidence, under the. 
 United States. 
 
 RECRUITING 
 
 Soldiers or sailors to engage in armed hostility against the United 
 States. 
 
 Opening a recruiting statioriifor the enlistment of such persons, as reg- 
 ulars or volunteers, to serve in hostility to the United States. 
 
 HOSTILE ENLISTMENT. 
 
 Any person who enlists or engages, as regular or volunteer, to enter 
 such hostile service, is guilty of a high misdemeanor. 
 
 FRAUDS 
 
 Committed against the United States by persons not in the military or 
 naval service. 
 
 Making, or causing to be made, presenting, or causing to be presented, 
 for payment or approval, any false, fictitious or fraudulent claim upon the 
 Government, or any department, or any officer, of the United States, 
 knowing such claim to be false, etc. 
 
 Making, using, or causing to be made or used, any false bill, receipt, 
 voucher, entry, roll, account, claim, statement, certificate, affidavit or de- 
 position, knowing the same to contain any false or fraudulent statement or 
 entry, when done for the purpose of obtaining or aiding in dbtaining the 
 approval or payment of such false claim. 
 
 Making, procuring or knowingly advising a false oath to any fact, 
 statement, certificate, voucher or entry for the purpose of obtaining, or 
 aiding to obtain, the approval or payment of any claim against the Govern- 
 ment, or any department or officer of the United States. 
 
 Forging any signature to such a voucher, claim, bill, receipt, etc. 
 
/r% 
 
 CHARGE TO GRAND JURY. /15 
 
 Uttering or using the same as true, knowing the same to be forged or 
 counterfeited. 
 
 An agreement, combination or conspiracy to defraud the Government 
 of the United States, or any of its departments or officers, by obtaining, or 
 aiding to obtain, the allowance or payment of any false or fraudulent 
 claim. 
 
 Stealing, embezzling, knowingly or willfully misappropriating to one's 
 own use or benefit, or wrongfully and knowingly selling, conveying or dis- 
 posing of any ordnance, arms, ammunition, clothing, subsistence storesj 
 money or other property of the United States, furnished or to be used for 
 the United States military or naval service. 
 
 Delivering any such property to another officer in less quantities, or 
 less in amount, than what the receipt or certificate taken calls for. 
 
 The giving of such certificate or receipt with intent to cheat,' defraud 
 or injure the United States, without having full knowledge of the truth of 
 the facts therein stated. 
 
 Knowingly purchasing, or receiving in pledge for his obligation or in- 
 debtedness, from any soldier, officer or other person in the United States 
 military service, any arms, equipments, ammunition, clothes, military 
 stores or other public property, which such soldier, etc., had not a right 
 to sell or pledge. 
 
 Acting as an officer or agent of the United States for transaction of 
 business with a corporation or firm, while an agent of the latter, or directly 
 or indirectly interested in the profits or contracts of such firm or cor- 
 poration. 
 
 OFFENSES AGAINST ENROLLMENT AND DRAFT. 
 
 Forcible opposition or resistance to any United States enrollment. 
 
 Inciting, counseling, encouraging, conspiring or confederating forcibly 
 to resist or oppose the same. 
 
 Aiding, assisting, or taking any part in any such forcible resistance or 
 opposition. 
 
 Assaulting, obstructing, hindering, impeding or threatening any officer 
 or person employed in aiding to make, or in making such enrollment, or 
 employed in the performance, or in aiding in the performance, of any 
 service in any way relating thereto, or in arresting or in aiding to arrest 
 any spy or deserter. 
 
 The procuring or attempting to procure from the Surgeon of the Board 
 of Enrollment a false report concerning the physical condition of a drafted 
 person, or a decision in favor of such person from said board, upon a claim 
 to exemption known to be false. 
 
 The demanding or receiving, directly or indirectly, by any agent or 
 attorney, more than five dollars for making out or causing to be executed 
 
16* "■ CHARGE TO GRAND JURY. 
 
 any papers in support of a claim of exemption from draft, or for any 
 services that may be rendered to a claimant in that respect. 
 
 The demanding or receiving, directly or indirectly, by any physician 
 or surgeon, of ajiy compensation for furnishing a certificate of disability 
 to any such claimant. 
 
 The receipt by any officer, clerk or deputy connected with said board, 
 of any compensation from a drafted man for any services, or obtaining 
 the performance of such service required from a member of the board by 
 law. 
 
 The procuring or attempting to procure, directly or indirectly, any 
 substitute for a person drafted or liable to be drafted, when done by a 
 member of the board, or surgeon employed or detailed in assisting the 
 board, or by a clerk, assistant or employee of any Provost Marshal or 
 Board of Enrollment. 
 
 Resistance to the draft, or counseling or aiding any one to resist, or 
 assaulting or obstructing any officer in making such draft or in the per- 
 formance of any service in relation thereto, or counseling any one to so 
 assault or obstruct ; 
 
 Or counseling any drafted men not to appear at the place of rendezvous, 
 or willfully dissuading them from the performance of any military duty 
 required by law. 
 
 DESERTION. 
 
 Enticing or procuring a soldier in the United States service to desert. 
 
 Harboring, concealing or giving employment to a deserter, or carrying 
 him away, or aiding in carrying him away, knowing him to be a deserter. 
 
 The refusal by a superintendent or conductor of a railroad or captain 
 of a vessel to surrender a deserter on the orders of his commanding officer. 
 
 CONFISCATED, ABANDONED AND FORFEITED PROPERTY. 
 
 All officers and privates in the United States regular or volunteer 
 service are prohibited from buying, selling, trading or dealing in any way 
 in such property with a view to their own profit, benefit or advantage, or 
 that of any person directly or indirectly connected with them ; and when 
 any such property comes into their possession or under their control, they 
 must give notice thereof and turn the same over without delay to the 
 proper agent or officer of the treasury. A violation of these requirements 
 is an indictable offense. 
 
 The preceding reference to some of the offenses under acts of Congress 
 has a general bearing upon the disturbed condition of the country conse- 
 quent upon the rebellion ; and a brief statement of some other offenses will 
 suffice, without a detailed enumeration or definition of them. They will be 
 mentioned by classes merely : 
 
CHARGE TO GRAND JURY. IT 
 
 Embez2flement of United States property by persons intrusted with 
 the custody thereof in the various departments of the public service. 
 
 Offenses under the steamboat laws, enacted for the security of life and 
 property. 
 
 Forgery of public documents and securities of various kinds. 
 
 Counterfeiting the current coin, treasury and fractional notes, the 
 national bank notes and Government obligations and securities; the utter- 
 ing of said counterfeits, knowing them to be counterfeit, or attempting to 
 pass them, or having them in possession with intent to pass, or having 
 plates on which to print them, etc. 
 
 Taking or using false vouchers. 
 
 Perjury, whether committed in United States courts, before United 
 States commissioners or assessors, or any of the many officers before whom 
 oaths have to be taken, when the act of Congress so declares. 
 
 Bribery of public officers. 
 
 Obstruction of judicial process. 
 
 Transmission of forged land claims on which to procure land warrants. 
 
 Numerous offenses against the post office laws, such as robbing the 
 mail, opening letters or detaining, delaying, secreting, embezzling or de- 
 stroying them, or stealing them or their contents; deserting the mail ; cut- 
 ting open the mail bags with intent to steal ; counterfeiting postage stamps ; 
 obtaining, fraudulently, letters from the mail or post office ; obstructing 
 the passage of the mail ; stealing or forging mail keys or locks ; stealing 
 mail bags ; forging post office stamps or envelopes, etc., etc. 
 
 Frauds and perjuries under the internal revenue act. 
 
 A brief consideration of these United States laws shows that they have 
 been framed with a view to public and private security. Every one enjoy- 
 ing the blessings of the Government is bound to support it, as its safety or 
 interests demand ; for his own safety and interests and those of his fellow 
 citizens are identified with its maintenance, purity and power. Treason, 
 the highest of crimes, may involve all in untold miseries, and its pernicious 
 consequences outlast the generation which witnessed its enormities. Even 
 now it has created the necessity of heavy taxation and drafts for military 
 service, while production in this State has largely decreased and its popula- 
 tion been sadly diminished. But as the Government is one of equal laws, 
 each citizen must bear his due proportion of the public burthens. The en- 
 rollment and draft are designed to secure the required number of soldiers,, 
 with equal and exact justice to all, and no one has a right, by desertion or 
 subterfuge, to shift upon others his due share of the required labor. 
 
 Hence, the law imposes severe restrictions and penalties, so that the 
 needs of the Government for soldiers and money may be supplied; and it 
 provides for the prompt punishment of all officers who abuse their trust. 
 
 *2 
 
18 CHARGE TO GRAND JURY. 
 
 The people are to be protected from all oflScial or other abuse, extortion or in- 
 justice. Every one must meet fairly and honestly the taxes imposed, and 
 not by fraudulent concealments or perjury shift on others the whole burthen 
 which it is designed to distribute according to the ability of each to bear. 
 So with every other class of United States laws ; they are framed with 
 the twofold aspect of supplying the public wants and securing equal and 
 exact justice to each citizen. The public officer who betrays or abuses his 
 trust is doubly guilty and should not escape condemnation. It is not the 
 obscure offender who is the most hurtful, but those charged with responsi- 
 ble duties. Hence, following the wise policy of the law, no position, how- 
 ever elevated in society, should become a shield or sanctuary for crime. 
 
 If the views already presented have been properly understood, there 
 can no longer be any excuse for supineness or hesitancy in Missouri. The 
 Governor of the State, the United States general commanding this mili- 
 tary division and the imperative demands of the civil law ask lor imme- 
 diate and energetic action by the people themselves. " They who would be 
 free, themselves must strike the blow," is more than a poetic expression, 
 for freedom forced upon an unwilling people is a solecism. They who 
 would win peace and happiness must work to that end. Under our free 
 system the people make their own laws, and if they will not obey their own 
 behests and govern themselves, then free government is to them an impos- 
 sibility. 
 
 First of all, those chosen to administer the laws must fail in no effort. 
 They must bring into full activity all their potent enginery of the law for 
 the suppression of crime and disorder. They must wink at no wrong, 
 palliate no offense, excuse no crime. Jill wrong doers, whatever their 
 position or the pretext for their misconduct, miifit he. brought to justice. 
 There must be no shrinking from this imperative duty. The law, with its 
 full protective force, must surround every hearthstone ; must vitalize every 
 movement; must be as all-pervading and life-sustaining as the atmosphere 
 we breathe. It must rule in the mart, and be with the husbandman in 
 his furrow, and with the mechanic at his daily toil. Whether in crowded 
 cities, or in quiet and secluded fields, or isolated cabins, far removed, 
 during the active labors of the day and the hours of unconscious repose, 
 every living person in Missouri, young or old, infirm or dejected, however 
 helpless, impoverished, careworn or weary, has a right to the omnipresent 
 and ever-sheltering protection of law. His happiness demands no less, 
 can exist in no other way. It is the essential condition on which the well 
 being of all depends. Public and private safety and prosperity are alike 
 involved. They are always inseparable. 
 
 So far as the officers of the United States courts and their juries are 
 concerned, th-ey must labor incessantly for the supremacy of law as the only 
 bond of peace and safeguard of liberty. The military and civil authorities 
 
/ff, 
 
 CHARGE TO GRAND JURY. / 19 
 
 of both State and Federal Governments will spare no effort. It only 
 remains for the people at large to be equally vigilant and zealous, and, 
 even in the desolated counties whence some of the grand jurors now present 
 have come, the returning tide of prosperity will soon be seen, and all 
 doubts and dangers vanish. 
 
n; 
 
 L E T T E 
 
 MAJOR GENERAL JOHN POPE 
 
 COMMANDING DIVISION, 
 
 LiNDELL Hotel, Marcli 2, 1865. 
 
 General : In order that I may be able to determine as to the propriety of the use of 
 some of the means I have in contemplation for the security of the people of Missouri, I have 
 the honor to request that you will give me your views as to the best uses of the military 
 forces of the United States in this department, and their relation to the present and pros- 
 peotire condition of this State. 
 
 I am, very respectfully, your obedient servant, 
 (Signed) THOMAS C. FLETCHER. 
 
 Ma/or General John Pope, 
 
 Commanding Military Divition of the Missouri. 
 
 Headquarters Military Division of the MissotJRi, 
 St. Louis, Mo., March 3, 1865. 
 
 Governor : I have the honor to acknowledge the receipt of your let- 
 tar of the 2d instant, asking my views as to " the best uses of the United 
 States military forces, and their relation to the present and prospective 
 condition of this State," in view of certain measures contemplated by you 
 for the present security of the people of Missouri. 
 
 Although, in replying to your letter, I shall be obliged to notice a 
 condition of things not pleasant to contemplate, I have sufficient confidence 
 in the good sense and practical judgment of the people of Missouri, as ex- 
 
LETTER OF GENERAL POPE. ' '^ 2l 
 
 Mbited in the late election, and in the measures adopted by your Legisla 
 ture and State Convention, to feel confident that they are prepared to 
 meet and settle any questions aflfecting the welfare and prosperity of the 
 State, however grave or unpleasant. 
 
 Until I reached this city, I had supposed that the difficulties which had 
 disturbed the State for the past three years had either been practically 
 settled, or were in a fair way of settlement, and that Missouri would soon 
 resume the full exercise of her civil functions, and dispense entirely with 
 the cumbersome, inefficient, and altogether anomalous machinery of pro- 
 vost marshals, provost guards and military supervision. The Union party, 
 at the fall election, had carried the State by an overwhelming majority, 
 and a loyal Governor and a loyal Legislature were in power in JefiFerson 
 City. It did not seem too much to expect of the " opposition" party in 
 Missouri that a large portion of it would, at least, be opposed to the whole 
 guerrilla system which has so long afflicted the State, and would, like all 
 reasonable men, regard " bushwhackers" as the destroyers of all civil 
 organizations and the enemies of mankind. 
 
 I knew that since Price was driven from the State no organized force 
 of the enemy could be found within the borders of Missouri. I fully be- 
 lieved in the capacity of the American people for self government, and 
 their determination to retain it ; and I presumed, of course, that the 
 people of Missouri had at once, and earnestly, assumed the performance 
 of their civil duties, and were rapidly placing the State in the position 
 which it ought always to have occupied. I hoped to find the military 
 forces in process of being relieved from the anomalous and anti- American 
 functions which had been forced upon them by the extraordinary necessi- 
 ties of the past three years, and concentrated for service in other fields and 
 against the organized force of the enemy. 
 
 I need not tell you, however, that such is by no means the condition of 
 things which I find in Missouri. On the contrary, there has not been a 
 time since the rebellion began when your civil afiairs have been more un- 
 der the control of a military police than they are to-day. 
 
 I am glad to be informed by many of your most loyal and respected 
 citizens that order has been to a great extent preserved, and treason over- 
 awed, by the action of the military guards and provost marshals in this 
 State ; and those who complain of oppression or irregularity on the part 
 of provost marshals, in the performance of their duties, must remember 
 that the adoption of martial law was essential to the safety of the State ; 
 that, under martial law, provost marshals necessarily come into existence ; 
 and that the exercise of great power may, in some instances, be confided 
 to men who, subsequently, prove unworthy of their trusts. 
 
 The only wonder is, that there have been few wrongs committed, and 
 so few rights invaded, during the existence of such a condition of govern- 
 
22 " LETTER OF GENERAL POPE» 
 
 ment in Missouri. But it is surely needless to say that the longer such a 
 system is continued, the greater will be the liability to abuse, and, as a 
 logical result, what are now rare and exceptional cases of outrage and 
 injustice on the part of provost marshals and soldiers, will gradually, but 
 surely, become of far more general occurrence ; and you may expect 
 finally to see Missouri under the complete dominion of the military. There 
 will then be scarce a square yard of the State which will not enjoy the ' 
 felicity of some military functionary. They will come to perform the 
 duties of all the civil magistrates, to be the final judges of all things. Into 
 every province of civil law, and even of domestic life, these military offi- 
 cials will, in time, most assuredly intrude, and become the final arbiters of 
 both morals and manners. 
 
 What will become of the citizen under this extraordinary state of gov- 
 ernment ? The simple mention of a few instances, I trust exceptional, 
 which have been brought to my knowledge by undoubted authority, since 
 my arrival in St. Louis, will sufficiently answer. 
 
 By the authorities in Washington my attention has been called to the 
 fact that provost marshals in several districts of Missouri are seizing and 
 selling property; themselves being judges of law and fact, and the custo- 
 dians and disposers of the property involved. Another instance : An ap- 
 plication was made, since my arrival here, for an order to take a military 
 guard across the river into the State of Illinois, and arrest a citizen of that 
 State, living twenty miles distant, and bring him to the military prison in 
 this city, because a colored man, also living in Illinois, complained that the 
 white man owed him for several days labor and had abused him when asked 
 for the money. Another case mentioned to me by a loyal gentleman of 
 this city, a man of high character and undoubted veracity : A quarrel oc- 
 curred between a man and his wife in one of the interior towns of the State, 
 in which, on complaint of the wife, the provost marshal arrested the hus- 
 band, made him divide his property with his wife, and then banished him 
 from the State. 
 
 These are some of the cases (rare and exceptional, it is to be hoped,) 
 which have already occurred. What would be the condition of things after 
 long persistence in a system which logically and surely, tends towards such 
 abuses ? 
 
 If it were not sad and humiliating, it would be ludicrous to see citizens, 
 the most distinguished in position and intelligence, appealing for justice 
 and protection to a provost marshal, and invoking his decision of grave 
 questions, affecting life, liberty and property. What a spectacle is thus 
 presented ! What a commentary upon the capacity of this people for self 
 government ; upon their love of liberty and their determination to main- 
 tain it I 
 
LETTER OP GENERAL POPE. ^ 7 / 23 
 
 As I said before, there are no organized forces of the enemy in the 
 State, and I doubt not that twenty bushwhackers to each county would be 
 considered a liberal estimate ot the number of these enemies to mankind. 
 In some counties there are doubtless more, in others fewer, but even in 
 those counties most infested by them they bear an absurdly small propor- 
 tion to the inhabitants. 
 
 These are all the enemies of peace and quiet now to be found within 
 the borders of Missouri, and they are equally the enemies of every man in 
 the State who has anything to lose. 
 
 Can there be any man in Missouri willing to admit th at if every soldier 
 were to-day withdrawn from the State, the people would be unable to ex- 
 terminate these small parties of robbers and thieves ? 
 
 In other words, to say that the people of Missouri are incapable 
 of self government, unable to execute the laws which they themselves have 
 made against these ridiculously small parties of outlaws and vagrants. 
 Who does not know that the State is abundantly able to free herself from 
 these pests, if the people will only do their duty, and that duty the very 
 first ever performed by man, and equally recognized by all classes and con- 
 ditions of men. 
 
 This seeming neglect of the duty and the privilege of American citi- 
 zens — a duty, by the strict performance of which alone can we maintain 
 our freedom and our free institutions, is to be attributed mainly, I think, if 
 not wholly, to an alarming and fatal tendency among the people, which I 
 have been astonished and dismayed to notice elsewhere, and in more favored 
 regions, to surrender to the military the execution of the laws, and thus to 
 abandon all safeguards against tyranny and oppression, and to pass uncon- 
 sciously into a condition of acquiescence in the complete dominion of the 
 military authority. Once let the American people abandon themselves to 
 this practice, which indulgence confirms into habit, and their libertio 5 arc 
 gone from them forever. 
 
 It is hardly necessary to say that under free institutions the military is 
 subordinate to the civil power, and that the life of a free government de- 
 pends upon maintaining this relation. 
 
 There are, no doubt, occasions when, in consequence of the presence of 
 the enemy, or other extraordinary cause, martial law may become necessary 
 in certain limited sections of country, but such violent and exceptional re- 
 versal of the true condition of things should in every case be made to ter- 
 minate with the immediate necessity which justified it. 
 
 There is no doubt that for a long time after the rebellion was inaugu- 
 rated military authority was necessarily and properly made to supersede 
 the civil power in Missouri; and perhaps that necessity existed until the 
 inauguration of a new State Government at Jefierson City. It would 
 seem, however, that such a necessity should not exist much longer. I pre- 
 
24 ■ LETTER OF GENERAL POPE. 
 
 sume we will agree that not one step should ever have been taken in the 
 direction of military supremacy, except what was essentially necessary. 
 Yet I find that although the pressure of that necessity was far stronger in 
 Missouri in 1861 than to-day, and in those days the enemies of the State 
 and of the Union occupied one-half of the State with organized armies, 
 and the malcontents who remained at home were infinitely more active and 
 more dangerous because more hopeful, the extent of the military jurisdic- 
 tion was trifling in comparison with what I now find it. There can be no 
 reason for such a state of things, except that people, once accustomed to 
 yield their civil jurisdiction from the pressure of temporary necessity, 
 soon acquire the habit of acquiescence, after discovering how much trouble 
 it spares them, and how much more easy it is, instead of performing their 
 civil duties themselves, to devolve them upon soldiers and provost mar- 
 shals. If a man is murdered, if a house is robbed, if any breach of civil 
 law is committed, how much easier it is to write a note to the nearest pro- 
 vost marshal informing him of the fact, and then remain quietly at home 
 attending to one's business, than to be summoned on a jury, called out as 
 one of a posse, or in any other manner put to inconvenience. According 
 to statements made to me by many of your citizens, this practice prevails 
 to an alarming extent in this State, and unless it can be arrested and the 
 citizens induced to resume the performance of their duties, I can see no 
 redemption for Missouri. 
 
 If the war were ended to day and the Union restored, I do not see 
 that the condition of your State would be at all bettered. On the con- 
 trary, the thousands of your people who are in the rebel armies, being 
 disbanded and returning to Missouri lawless vagrants, without the means 
 of livelihood, or the inclination to work, would simply reinforce the small 
 bands of bushwhackers and outlaws which now infest the State. The 
 troops, too, now stationed in Missouri, would be disbanded by a return of 
 peace ; and the people of the State would at last be brought face to face 
 with this question, and without the advantages which they now possess. 
 This question must some day be met and settled by the people themselves. 
 Is there likely to be a more favorable season than now ? On the contrary, 
 does not every day lost increase the difficulty ? Is it likely that the peo- 
 ple will be more willing or more able in one year, or ten years, to resume 
 the performance of their civil duties than they are to-day ? If they be 
 more willing will they have the same aid then as they can have now in the 
 undertaking ? 
 
 To resume the functions of civil government in Missouri will undoubt- 
 edly, at the outset, be a work full of labor and sacrifice, and will require 
 unusual fortitude and determination on the part of the people ; but as it 
 is a work which must be done, sooner or later, and as there can never, to 
 human foresight, be a better opportunity for that purpose than the present, 
 surely now is the time to do it. 
 
LETTER OP GENERAL POPE. ' ^ / ^ 25 
 
 Some of your people object that they have no organizations, and wish 
 me to issue orders to assist them in organizing ; but such orders have 
 again and again been issued without producing the effect. 
 
 General or Special Orders from military commanders can never infuse 
 into the people what alone is needed, and without which nothing can be 
 effected, an earnest, resolute determination to act for themselves, to resume 
 their manhood and their civil privileges, and to put down the outlaws who 
 obstruct the execution of the laws and depredate upon the people. Any 
 organization for such a purpose to be at all effectual, in fact to possess any 
 vitality whatever, must originate with the people themselves and be con- 
 trolled by them. 
 
 It is useless to talk of the people cooperating with the military in 
 carrying on a war of extermination against guerrillas and outlaws, or in 
 efforts to resume control of the civil administration of your State. 
 
 It is the military which should cooperate with and aid the people ; not 
 the people the military. 
 
 This distinction may not be obvious at first glance, but it is a distinction 
 vital to success. 
 
 Since certain orders issued by me in 1861 for the preservation of peace 
 in North Missouri have been mentioned in terms of approval by public 
 speakers in this city, and alluded to with favor in personal interviews, by 
 many of your citizens, it may not be improper for me to state that it was 
 this same earnest action of the people which is now proposed for the pre- 
 servation of peace and the execution of civil law which I undertook to 
 secure in North Missouri in 1861 by the orders referred to. These orders 
 were suspended by higher authority than mine. At the time a majority of 
 the people of Missouri were not prepared for what was then considered an 
 extreme measure. 
 
 I believed then that the orders issued wonld force such action as would 
 lead to peace in Missouri, in the absence of organized armies of the enemy. 
 I have seen no reason since to change that opinion. But I find you to-day 
 far better prepared for the extremest measures to secure peace in the State 
 than you were then for orders which, in these days, would be considered 
 anything but radical. 
 
 If these orders be approved, why not adopt now the popular action 
 which they then recommended ? The people of Missouri are able to 
 enforce law and preserve peace in the State if only they use their power 
 cordially and earnestly. Is it not better to use your civil ofiicers to exe- 
 cute your laws than have them executed by provost marshals ? The mili- 
 tary forces under my command can and will render you the same service 
 in either case. It is only suggested to you that for the present you replace 
 the provost marshals by your civil officers, and let the military forces 
 required be applied under their direction and in conformity to law, and not 
 
26 ■» LETTER OF GENERAL POPE. 
 
 under direction of a provost marshal and in conformity witli his discretion. 
 May it not be apprehended, too, that your militia, a large and controlling 
 body of your own citizens, are being educated into habits of disrespect for 
 your civil authorities and irreverence for civil law, by being encouraged or 
 permitted to usurp jurisdiction of civil questions through provost marshals 
 or military commanders ? 
 
 The lesson of irreverence is soon learned, but of all lessons, it is the 
 most difficult to unlearn. 
 
 What reason have the people of Missouri to believe that their militia, 
 once taught such a lesson, will unlearn it whenever it is found convenient 
 to resume civil jurisdiction ? Is it not better, and far more likely to secure 
 respect for your civil authorities to require the troops to act under your 
 civil officers, in accordance with the laws of the country ? Certainly the 
 change from provost marshals to civil officers, in regulating the action of 
 the military in civil matters, can be easily made, and without the slightest 
 danger of impairing the efficiency of the military arm for that purpose. 
 
 Some have said that Missouri is not entirely regenerated, and that, 
 although a loyal Governor and Legislature have been elected, yet there 
 remain still in office many men who are neither loyal nor trustworthy. 
 The answer to this is found in resolutions now before your State Conven- 
 tion. That Convention embodies the sovereign power of Missouri, and 
 can to-day vacate all or any of the civil offices in the State, and provide 
 for filling them by the Governor of the State. Until you have not only 
 loyal men, but energetic and determined men, who will do their duty with 
 vigor and boldness, holding every office in the State, it seems useless for 
 your Legislature to enact laws. In fact, it is child's play to meet in Jeffer- 
 son City to make laws which are either not executed at all, or must be 
 executed to the extent and in the manner which suits the judgment or the 
 fancy of provost marshals or military commanders. Until the people of 
 Missouri are ready and willing to put forth their whole power to enfore the 
 laws they themselves have made, it is a farce to legislate. 
 
 I do not wish to be understood as advocating any abrupt or sudden 
 change in the present condition of things. I only offer some reasons why 
 Missouri should take the first steps toward a resumption of her civil func- 
 tions. Surely all portions of the State are not equally unsettled. In 
 some counties it is probable that civil law is enforced, and that neither 
 martial law nor soldiers are necessary. In other counties not so fortu- 
 nately situated, why will it not be well to take steps at once, at least to 
 begin the resumption of civil administration, aided, if necessary, by the 
 military ? 
 
 A little time only will be required, if civil law is promptly administered, 
 even with the aid of soldiers, to make the people feel strong enough to 
 execute the laws themselves. Of course I am supposing that the civil 
 
LETTER OF GENERAL POPE. '^ /V^2T 
 
 officers act vigorously and efficiently, that they originate what is to be 
 done, and that the soldiers act only on their call and under their authority. 
 Slowly and gradually, county by county, the State could resume its own 
 administration and dispense with the military. 
 
 It is by such gradual and careful process that, it seems to me, certain 
 results can be obtained. Once let us make a beginning, and keep steadily 
 and constantly in view in every thing that is done, that the final object is 
 the restoration of civil administration, and it will not be found a long nor 
 a difficult task to accomplish the result. 
 
 But this end must never be lost sight of, and all arbitrary or excep- 
 tional acts must be carefully avoided, or done only under the strongest and 
 plainest necessity. 
 
 Martial law seems essential now to the protection of life and property, 
 and to the preservation of the State from utter lawlessness, because it seems 
 to be the only law which is generally enforced. Until the people provide 
 officers to execute their laws who will be supported in doing so, not only 
 by the soldiers but by the great body of the citizens, martial law is your only 
 protection against violence and outrage. It rests with the people to replace 
 it by civil law, and that this can be gradually, but surely done, there is not 
 a doubt. 
 
 It seems idle to dwell upon the absolute necessity of returning to your 
 civil status in the Union. Not only are your lives, liberties and possessions 
 at stake in the matter, but every moral and material interest of the State 
 is involved. 
 
 Neither peace or security at home, nor immigration from abroad can 
 reasonably be expected under the state of things which now obtains in the 
 State of Missouri. It is hardly to be considered probable that the people 
 living in other States, where they have always possessed their civil rights 
 and enjoyed the protection of civil law, will find any temptation sufficient 
 to induce them to emigrate to Missouri, and submit themselves to the risk 
 of the present uncertain and exceptional protection of life and property 
 which is offered. 
 
 I trust that no one will believe that the military desire to continue this 
 state of things. I say for them, as their commander, that nothing would 
 be more satisfactory to them than to relinquish all connection with your 
 civil affairs, and to be transferred to some field where they would confront 
 the organized forces of the enemy, and where their presence with our 
 armies might determine the fate of battles. The only duty which should 
 now be required of the General Government is to protect your State from 
 an invasion of the organized forces of the enemy. 
 
 The proper position for United States troops assigned to such duty is 
 some point on the Arkansas river. 
 
 How can troops be sent there when all the forces that can be spared for 
 the defense of Missouri are, on demand of your people, kept scattered over 
 
28 ^ LETTER OF GENERAL POPE. 
 
 the State, on the plea that they are needed for protection against a few 
 outlaws and robbers ? 
 
 If I accept the views expressed to me by many of your citizens, more 
 troops are required for this service than would be sufficient to beat the 
 largest army that ever yet undertook the invasion of the State. It is said 
 that the disloyal men in the State harbor and assist the "bushwhackers." 
 Such service is extremely hazardous, and if these statements be true, a 
 •boldness and a spirit are exhibited by your disloyal citizens, of which, if 
 a tithe were exhibited by the loyal men, not a " bushwhacker " would be 
 found in Missouri at the end of sixty days. Guerrillas aud bushwhackers 
 were never yet, and never will be, put down by the operation of a military 
 force alone. 
 
 How is it in Missouri ? A company of troops is stationed in a village 
 or neighborhood to protect the people against these outla^vs. Two or three 
 *' bushwhackers " come into town, or perhaps live in it, and commit robbery 
 and murder in some house. Before the troops are notified and get to the 
 ground the criminals have either fled or mingled with the crowd, and 
 although every citizen in the place knows precisely who were the offenders, 
 where they live or who harbors them, not a word of information on the sub- 
 ject can be had from them, lest the next night some of the party, or some 
 of their friends, burn the house or take the life of the informer. 
 
 Is it expected that the troops, thus of necessity groping in the dark, 
 can put down these outlaws, when the very men needing perhaps, certainly 
 asking, the protection of the military force, will not even give the slightest 
 information necessary to identify the guilty or the dangerous parties ? 
 
 That this is really the condition of facts I think you know ; that it was 
 60 in 1861 and 1862, I know by my own experience in Missouri in those 
 years. 
 
 What ground is there for believing that a military force, in the face of 
 such inaction and fear on the part of the people, will ever be able to find 
 out who the " bushwhackers " are, to say nothing of finding out where 
 they are, or of exterminating them ? 
 
 The fact is that in many parts of the interior of the State the people are 
 living under a reign of terror, dominated over and paralyzed by a ridicu- 
 lously small number of outlaws and vagabonds. 
 
 It is useless to comment upon such an exhibition of, I will not say 
 what, on the part of a large body of American people. It is only neces- 
 sary here to express the conviction, that just so long as this strange para- 
 lysis continues, just so long will the people of Missouri be harrassed and 
 plundered by "bushwhackers," or by i<nj other lawless vagabonds. All 
 the troops in the world could not, under present circumstances, prevent it. 
 
 We come back, then, to the same question ; " Do the people of Mis- 
 souri intend to rouse themselves, and execute as well as make their own 
 
LITTER OF GENERAL POPE. / / *^29 
 
 A single example of the trial of one of these outlaws before your 
 courts, and his execution by the civil authorities, would do more to put an 
 end to " bushwhacking " in Missouri than a thousand military executions. 
 Strip these rogues of respectability borrowed from the notion that they 
 are armed enemies and Southern soldiers, and reduce ihem by actual trial 
 and punishment before your courts to their true status as outlaws and 
 ruflSans, guilty of theft and arson, and you will deal them and their sym- 
 pathizers such a blow as will go far to end the business. In this under- 
 taking you shall have all the assistance the military can render you. 
 
 The military force employed shall act under the direction of your civil 
 officers according to law and the practice in times past. They can thus 
 render you as much assistance as in any other manner, and the result of a 
 success achieved under such circumstances will be of infinitely more bene- 
 fit to you than a thousand successes achieved by the military alone. 
 
 I trust I shall be pardoned for so much reiteration, but plain as are 
 the principles set forth, and familiar as they ought to be and doubtless 
 are to all Americans, they seem to me to be regarded in Missouri as mere 
 abstractions, which are true certainly, but hardly vital enough to control 
 the action of the people. 
 
 I stand ready to aid the people of Missouri, by all the means at my 
 command, to resume their status as citizens. I will render them both by 
 word and deed every assistance which will tend to restore civil government 
 in Missouri, and most promptly and cheerfully, when they have done this, 
 will I withdraw the troops under my command to their true position under 
 the Constitution and laws of the United States. 
 
 It is only necessary to put reliable men into every civil office and to 
 enact such laws as are necessary to restore peace and civil rights in Mis- 
 souri. 
 
 The soldiers under my command stand ready at all times to respond to 
 the call of your civil officers, and to act under their direction, in helping 
 to enforce the laws of the State. Such is the position they ought now to 
 occupy, and such is the position which, under the action of your State 
 Convention and of the State Government at Jefferson City, I trust they 
 will be permitted to occupy in the shortest possible period. 
 
 Of course, I cannot indicate to you what I intend to do, because you 
 may readily understand from the foregoing remarks that any measures 
 which I shall adopt must of necessity depend upon the action of the peo- 
 ple of Missouri. 
 
 If they will only resume their civil rights and privileges, administer 
 their civil government, and set to work to execute their own laws, I stand 
 ready to put an end to military jurisdiction at a moment's notice. I will 
 give all the aid of the military to assist in reducing us to this subordinate 
 position ; but until then I am compelled to retain and administer martial 
 law in the State. 
 
80 '^ ' • LETTER OP GENERAL POPE. 
 
 Unless you do it, and that promptly, civil liberty and free institutions, 
 in this country, will have received a discouraging blow. 
 
 If Missouri, without an armed enemy within her borders, with a loyal 
 State executive and civil officers, with an enormous majority of loyal citi- 
 zens, and with all the aid the General Government is now giving her, can- 
 not resume her civil functions and execute her laws ; in other words, con- 
 duct her local administration, what can be hoped for the States further 
 south, which do not possess the same advantages ? 
 
 The example of Missouri, then, is of the last importance in reestab- 
 lishing the Union. 
 
 If she fails even to attempt to administer her State government, with 
 a large force of United States troops to aid her, it would seem almost 
 hopeless to make the experiment elsewhere. Missouri successful, and the 
 problem of reestablishing civil government in the States further south is 
 far advanced towards solution. Only earnestness and resolution are re- 
 quired. Can these qualities be wanting in the people of Missouri ? Your 
 State Convention has emancipated the negroes, a great work, well and 
 bravelv done. Cannot the people of Missouri now emancipate themselves ? 
 Can they not free themselves from the necessity of martial law ; can they 
 not resume the performance of their duty as citizens, and execute as well 
 as make their own laws ? 
 
 With great respect. Governor, 
 
 Your obedient servant, 
 
 JOHN POPE, 
 Major Creneral Commanding, 
 Hon. T. C. Fletcher, 
 
 Cf-overnor of Missouri. 
 
/u 
 
 INSTRUCTIONS 
 
 HONORABLE R. F. WINGATE, 
 
 ATTORNEY GENERAL OF MISSOURI. 
 
 State or Missouai, Office of Attorney General, 
 Jefferson City, March 14, 1865. 
 
 When treason, from the number of its guilty authors, imperils the 
 maintenance of the civil law, prevents its protection to those who obey its 
 behests, and hinders its infliction of known and just punishment upon its 
 violators, (the ends for which governments are established, and upon 
 which must ever depend the success of free institutions) a resort to mili- 
 tary power is not only justifiable, but demanded of those to whom is in- 
 trusted the safety of the republic. 
 
 When, however, treason has been so far bereft of its power and import- 
 ance as to enable the civil authorities, without the assistance of the mili- 
 tary, or with such aid as the military, acting in a subordinate capacity, 
 may render, to reestablish the wonted jurisdiction of the civil law, those 
 to whom such powers are intrusted should hasten to secure the enforce- 
 ment of its salutary provisions. 
 
 From the Proclamation of His Excellency, Governor Thomas C. 
 Fletcher, and other sources of information, I am persuaded that the day 
 is at hand in Missouri when, by united action on the part of loyal citizens, 
 and an energetic discharge of the duties devolving upon civil officers, with 
 such aid as the military, acting in a subordinate relation, stand ready to 
 aflFord, the potent enginery of the civil law may be established and main- 
 tained. If so, there is no hazard in saying that it will prove more effectual 
 in the suppression of crime, and driving from our midst the bushwhackers, 
 robbers and assassins that have so wantonly and cruelly scourged our 
 
32 ' INSTEUCTIONS OF ATTORNEY GENERAL. 
 
 State, than tlie military could, from the nature of its organization, reason- 
 ably accomplish. At the same time, a prudential policy dictates, and in 
 my judgment requires, that a thorough organization and disciplining of the 
 militia should be perfected, not only to act in aid of the civil authorities, 
 but to be prepared for efficient action in suppressing any armed insurrec- 
 tion within, or in repelling any invasion of the State, which would be in- 
 vited by our failing to prepare to suppress or resist and punish the per- 
 petrators. 
 
 The accompanying very able and succinct compend of the laws of the 
 United States, pronounced by His Honor, Judge Treat, in his learned 
 charge to the United States Grand Jury on the 9th instant, at Jefferson 
 City, contains all the information and forms necessarily required in order 
 to secure a most effectual enforcement not only of the criminal laws of the 
 United States, but also of those of the State of Missouri. 
 
 And I most earnestly recommend and solicit that all who seek their 
 own happiness, the welfare of their fellow men, a release from burdensome 
 taxation, the development of the natural resources of our afflicted State, 
 and the transmission of the blessings of liberty unimpaired to posterity, 
 will combine — officer, soldier and civilian — as one man in an earnest en- 
 deavor to give practical effect to the doctrine promulgated by His Excel- 
 lency, in the manner so well pointed out by His Honor, Judge Treat. 
 
 R. F. WINGATE, 
 Attorney General of Missouri. 
 
/fc 
 
 APPENDIX. 
 
 HINTS CONCERNING PRACTICE. 
 
 It will be seen from the foregoing exposition of the United States laws 
 that all State judges, justices of State courts, justices of peace and com- 
 mitting magistrates have full authority to arrest, examine and commit, or 
 put under recognizance for trial before United States courts, every offender 
 against said laws. All of said judges and justices of courts can also place 
 under recognizance to be of good behavior and keep the peace towards 
 the United States and the citizens thereof, persons who, it is proved on 
 examination before them, ought, from their conduct or threats, under the 
 principles governing such cases, to be thus bound over. 
 
 While all of the first named State officers can examine into offenses 
 charged, and commit or put under recognizance United States as well as 
 State criminals, only State judges and justices of courts can bind over to 
 keep the peace in United States cases. If the evidence before a justice 
 of the peace, or other than State judge and justice of a court, shows no 
 offense to have been actually committed by the arrested party, but that it 
 is dangerous for him to be at large within the meaning ot the law, a com- 
 plaint to that effect should be made out and the party turned over to a 
 State judge for examination accordingly. 
 
 With these suggestions in view, every such State officer will readily 
 understand the course he ought to pursue, and the following directions as 
 to proceedings and practice : 
 
 Let every State judge, justice or committing magistrate issue in all 
 cases the necessary warrants for arrest according to the usual modes in 
 State cases. 
 
 Let him proceed in the usual way in the examination of the case, and 
 if the offense is against State laws, as will generally be the case, in all 
 probability, take the course prescribed in State cases. 
 
 If it should appear that no offense within the State jurisdiction has 
 been committed, but that the offense is against the United States, let him 
 
 * 3 
 
34 • APPENDIX. 
 
 commit or take the recognizance of the offender, according to the forms 
 annexed. 
 
 If complaint is made for a peace warrant, let the proper State process 
 be issued, and if the case falls under State jurisdiction, and the examina- 
 tion requires, let the party be bound over accordingly ; but if it falls under 
 Federal jurisdiction, or United States laws, instead of discharging the 
 party, let him be bound over to appear at the proper United States court, 
 or committed until he gives the required security. 
 
 To simplify proceedings on the part of State judicial officers, they will 
 be considered within the line of duty always, if they issue, in the ordinary 
 forms to which they are accustomed, warrants of arrest in all proper 
 cases, just as if the cases were State cases exclusively. They will then 
 proceed as if the party was amenable only to State jurisdiction. If he 
 shall be found so amenable, they will commit or bail him accordingly. 
 If he shall not be amenable to the State in any way whatsoever, then 
 they should, instead of discharging him, inquire whether he is amenable 
 to the United States laws as defined in the foregoing charge, and if so, 
 they should commit or bail him according to the annexed forms. 
 
 Should a person be complained of, under the rules governing what is 
 known as peace warrants, let a similar course be pursued, viz: If within 
 State jurisdiction, exercise that jurisdiction in the usual way ; if the threats 
 or dangerous conduct has reference to violations of the United States 
 criminal laws, then commit or bail, according to the following forms. 
 
 All United States process in this State runs in the name of " the Pres- 
 ident of the United States of America;" so that when a State officer exer- 
 cises the authority vested in him by the United States laws, in issuing 
 criminal process in committing the offender, he can frame his writ in that 
 way, viz : 
 
 United States of America, ^ 
 Western District of Missouri, > ss. 
 
 County of . ) 
 
 Tlie President of the United States of America, to •, greeting. You are hereby 
 
 commanded, etc. 
 
 In entitling proceedings returnable to United States courts, according 
 to the foregoing directions, use this form : 
 
 United States of America, ^ 
 Western District of Missouri, > ss. 
 
 County of . ) 
 
 Be it remembered, etc. 
 
 The conclusion will be just as in State cases. 
 
 Let it be remembered that there are two judicial districts of the United 
 
APPENDIX. "^^ / / 35 
 
 States in Missouri. The Eastern District includes the counties of Schuyler, 
 Adair, Knox, Shelby, Monroe, Audrain, Montgomery, Gasconade, Frank- 
 lin, Washington, Reynolds, Shannon and Oregon, and the counties east of 
 them ; the other counties in the State constitute the Western District. Si> 
 that if the case is within the "Eastern District of Missouri," it will be so 
 entitled; otherwise it will be "•Western District of Missouri." 
 
 Form of Recognizance for appearance for trial before a United Slates 
 
 Court. 
 
 United States of America, 
 
 United States of America, ^ 
 Western District of Missouri, > i 
 County of . ) 
 
 Be it remembered that on the day of , A. D. , personally came before mp, 
 
 , [a justice of the peace, or judge of Circuit Court for Judicial Circuit, or 
 
 justice of the County Court of county, as the case may be] [John Doe] of 
 
 township, in the county of and State of Missouri, as principal, and [Richard Fenn] 
 
 of county, and [David Jones] of county, all in the same State, as sureties, and 
 
 acknowledged themselves to owe and be indebted to the United States, jointly and severally, 
 
 in the sum of thousand dollars, to be levied of their respective goods and chattels, 
 
 lands and tenements. 
 
 Upon condition, however, that if the above bounden [John Doe] shall personally ap- 
 pear before the District Court of the United States for the Western District of Missouri, 
 at the next term thereof, to be begun and holden in Jefferson City, in the State of Missouri, 
 on the first Monday of March (or September) next, and at any other term of said court, as 
 may be by said court ordered, and not depart from the same without leave of said court, 
 and sball obey all the orders of said court, and answer to any indictment which may be 
 found against him for [here set out the offense charged] or for any other crime or offense, 
 then this recognizance to be void; otherwise to remain in full force. 
 
 [Signatures here of the respective parties.] 
 
 Taken, acknowledged and certified before me the day and year aforesaid. 
 
 [Here let the officer sign his name and official title.] 
 
 Form of Commitment. 
 
 United States of America, 3 
 Western District of Missouri, > ss. 
 
 County of . ) 
 
 The President of the United States of America to , the Marshal of the United 
 
 States for said district, and to the sheriff of said county or constable of township in 
 
 said county, greeting: 
 
 Whereas, [John Doe] of said county, has this day of , A. D. , been brought 
 
 before me, a justice of the peace, (or other magistrate, as the fact may be) upon a charge of 
 , committed by him ; 
 
 And, whereas, I have fully examined into the truth of said charge, and said [John 
 Doe] has refused to enter into a recognizance for his appearance before the District Court 
 of the United States for said district, at its next term, to be begun and held at Jefferson City 
 on the first Monday of March (or September) next; 
 
 Now, therefore, you are hereby commanded to take the body of said [Tohu Doe] and 
 
 commit him to the custody of the jailer of county, who is hereby required to receive 
 
 and imprison the said [John Doe] until the said term of said court, at which time 
 you are commanded to have before said court said [John Doe] to answer the said charge 
 and to be dealt with according to law. 
 
 Witness my hand this day of , A. D. , 
 
 [Signature.] 
 
36 • APPENDIX. 
 
 Recognizance to keep the t 
 
 LIBRARY OF CONGRESS 
 
 United States of America, ^ II II III II III II I P^ 
 
 Eastern District of Missouri, > ss, ''""l''lll'il'nillllllillllllllllll||||ii|p 
 
 County of . ) 015 910 371 7 
 
 Be it remembered that on the day of , A. D. , personally appearea oe 
 
 fore me (a justice of the County Court within and for said county) [John Doe] of said 
 county, as principal, and [Richard Roe] and [Richard Fenn] of the same county, as sure- 
 ties, and severally acknowledged themselves to owe and be indebted to the United States 
 
 in the sum of dollars, to be levied of their goods and chattels, lands and tenements, if 
 
 default be made in the condition following, to wit: 
 
 The condition of this recognizance is such that if the above bounden [John Doe] shall 
 personally be and appear before the District Court of the United States for said district, on 
 the first day of the next term thereof, to wit, on the first Monday of March (or September) 
 next, to be begun and holden at Jefferson City, in the State of Missouri, and abide the order of 
 said court thereon, and in the meantime to keep the peace and be of good behavior towards 
 the United States, the citizens and laws thereof, then this recognizance to be void; other- 
 wise to remain in full force and virtue. 
 
 [Here signed by principal and sureties.] 
 
 Taken and acknowledged before me and certified on the day and year above written. 
 
 Justice of said County Court. 
 
 Form of Commitment on failure to enter into Recognizance to heep the 
 Peace towards the United States. 
 
 United States of America, ^ 
 Western District of Missouri, > ss. 
 
 County of . ) 
 
 The President of the United States of America to the Marshal of the United States for 
 said district, and to the sheriff' of said county, greeting : 
 
 Whereas, [John Doe,] of the county of and State of Missouri, has this day 
 
 been brought before me, a justice of the County Court of said county, upon the complaint 
 of [James Hill,] that he has just cause to fear that said John Doe will disturb the peace 
 and good order, and violate the criminal laws of the United States, and especially the acts 
 of Congress of and concerning the crime of . 
 
 You are hereby commanded to receive the said [John Doe,] and him safely keep in 
 the common jail of said county, or of Cole county, in said State, until he give recognizance 
 with good security in the sum of dollars, or be duly discharged according to law. 
 
 Witness my hand on this day of , A. D. . 
 
 Justice of the County Court as aforesaid. 
 
 The District Court of the United States for the Eastern District of 
 Missouri holds three stated terms a year, viz : on the third Mondays of 
 February, May and November respectively, at the city of St. Louis ; the 
 Western District Court two terms, viz : on the first Mondays of March 
 and September, at Jefferson City. The foregoing forms will be varied to 
 suit the courts and the terms thereof. When a person is committed or 
 put under recognizance, copies of the process, together with the recogni- 
 zance of the defendant and of the witnesses, should be promptly forwarded 
 to the office of the clerk of the United States District Court in which the 
 parties are to appear. 
 
LIBRARY OF CONGRESS 
 
 lillilllliiillllillli 
 
 015 910 371 7 # 
 
 HoUinger 
 
 pH8.5 
 
 Mill Run F3.1 955