those which are clearly capital and in which the evidence can be obtained with certainty so as to make conviction sure.

The cases as fast as they arise should be examined by the local commanders or provost-marshals and reported to division headquarters. Those who may properly be released on oath and bond should be released at once and all others except the few to be held for trial should be sent at once to the prison depots.

It would be well if a suitable building could be obtained to establish a prison in Jefferson City large enough to hold all the prisoners of your division. If this cannot be done they will have to be sent to Saint Louis and Alton.

My policy has been to release on taking the oath and giving bond all who surrender voluntarily or who have not recently been in the rebel service and give satisfactory evidence of their determination to remain loyal hereafter. But much caution is required to prevent the escape of bad men in this manner. As to those who do not give themselves up immediately on their return or who are lying about in the brush the least that can be done with them is to send them at once to prison, there to remain until they can be released without injury to the State. And considering the great number of such cases this seems the only course.

I will try before long to send you an officer capable of performing properly the duties of judge-advocate, though I find it extremely difficult to obtain the services of any such officer.

I intend to publish an order soon regarding these matters, but it is difficult to lay down any general rules to be applied to such matters. Very much must be left to the discretion of subordinate officers, and these unfortunately are generally innocent of any such quality as discretion. But we cannot bother ourselves with the trial of prisoners. Convict and punish a few extreme cases as examples and put the others where they will be harmless is the only rule practically open to us.

I am anxious to have my General Orders, Numbers 3, carried out in a few cases as soon as possible. I hope it will prove an effective remedy for the evils existing in some of the counties of your division.

I am in doubt about the propriety of adopting the proposition to attempt to disarm all disloyal persons. It requires no additional orders to disarm all persons who are known to be actively disloyal. This is done as a matter of course if the arms can be found, which is the difficulty. General Halleck gave such an order last winter, but it resulted only in disarming innocent persons and leaving them at the mercy of every villain that happened to come along. It also gives rise to much abuse on the part of soldiers while searching houses for arms.

Very respectfully, your obedient servant,

J. M. SCHOFIELD,

Brigadier-General.

HDQRS. SEVENTH DIVISION, ARMY OF THE OHIO,
Cumberland Gap, June 24, 1862.

Honorable EDWIN M. STANTON, Secretary of War:

Citizens of Virginia, Kentucky and Tennessee come in by the dozen to take the oath of allegiance to the United States. A moment ago thirteen Virginians came in, and when I welcomed them back to the old flag every eye was dimmed with tears.

GEORGE W. MORGAN,

Brigadier-General of Volunteers.