Today in History:

517 Series I Volume XLVIII-I Serial 101 - Powder River Expedition Part I

Page 517 Chapter LX. CORRESPONDENCE, ETC. -UNION.

preliminary step. And whether the purchaser be a contractor or other person all sales or transfers must be examined and approved at Fort Gibson, first by the Indian authorities; second by the provost-marshal. All persons found driving or in possession of stock that has not been properly obtained shall be arrested and punished as thieves. (Nothing herein shall be construed to prevent legitimate transactions among the Indians themselves, legal residents of the nation, but in the absence of other authority all complaints of such sales, as of any other police case, may be adjudicated by the provost-marshal.)

II. Lieutenant Houston Benge, provost-marshal, is directed to see that no disloyal person is permitted to buy or sell anything at Fort Gibson; and he is further charged with making a perfect record of all cattle butchered, transferred, driven, or sold, with a description of age, size, and color (range and owners), in addition to marks and brands. This record shall be open to inspection. The Indian authorities will be furnished every facility for making a similar record by all officers, soldiers, or attaches of this command. The provost-marshal is charged to see that cattle shall be sold only by owners or legal representatives. No bill of sale, voucher, or account shall be paid until a record of the transaction is made. All persons here under cover of the army are warned that the legitimate rights of the Indians are to be interfered with just as little as possible.

III. Attention is called to orders of the War Department in reference to contraband stock. All stock the property of persons now rebels or in arms or aiding or abetting the enemies of the Government is only known as contraband of war until its ownership be determined by competent authority, and no contractor is permitted to obtain possession of it. When necessary to use it or expedient to drive it from the enemy it can only be butchered for the troops by the troops and in every instance as carefully and fully accounted for as other property. In case of necessity it may be furnished to agents to feed refugees, on triplicate receipts, showing that it is contraband property and the exact amount, a copy being furnished to the head of the department to which it is thus transferred.

IV. Officers, soldiers, and attaches of this command are ordered to furnish all facilities within their power, compatible with the interests of the service, to the agents or representatives of the Indian Department (now with this command) in the exercise of their legitimate functions.

V. Detachments in the field, escort for trains, and commands in transit cannot be permitted to kill stock as they have been doing. There is a legitimate mode of supplying all troops. When it is necessary to take and kill beef, hogs, or take forage, the commanding officer (or proper disbursing officer, if there is one with the party) is charged with seeing that such supplies are economically used and properly expended. Any officer so taking, or permitting his men to take, shall be held as a disbursing officer for the time, and must make his returns of the property to the disbursing officer from whuch supplies, so that they can be correctly accounted for and paid or borne as property contraband; and in addition to his reports he is hereby directed to furnish an exact list of cattle killed or property taken (whether he find an owner or not) to the provost-marshal at Fort Gibson, describing the same so that they can be identified, and shall report where they were taken. All officers who fail to do this, on the proper evidence, the provost-marshal shall refer the matter to the commanding officer, who placed him in the field, for adjunction, and


Page 517 Chapter LX. CORRESPONDENCE, ETC. -UNION.