guerrilla bands when actually taken in arms engaged in their unlawful warfare. Best was undoubtedly a spy and was engaged in inciting insurrection, but the laws of war do not justify the punishment of even these crimes without trial, nor do they justify such treatment of guerrillas under any circumstances except where the formal process of law has failed to arrest the evil. When it becomes necessary to dispense with the form of trial and execute certain classes of outlaws upon the spot orders directing this course must be construed strictly and literally, and officers charged with the execution of such orders must beheld to the most rigid accountability for doing beyond the terms of the order. The commanding general is satisfied, however, that while Major Tompkins erred in this case he did so honestly believing that he was discharging with strict fidelity an important and disagreeable duty. The commanding general therefore taken pleasure in honorably acquitting Major Tompkins of all intentional wrong and in restoring him to his command. Major tompkins will be immediately released from arrest and return to duty with his regiment.

By order of Brigadier-General Schofield:

C. W. MARSH,

Assistant Adjutant-General.

SPECIAL ORDERS,
HDQRS. CENTRAL DIVISION OF THE MISS., Numbers 20.
Trenton, Tenn., July 7, 1862.

It being proven to the satisfaction of the general commanding that Robert Masley, Samuel Baker, Gilbert Patterson, of Weakley County, Tenn., and Samuel Abbott, Letts and sons, and Doctor Gardner, of Gibson County, Tenn., have aided and abetted the Southern rebellion and encouraged the burning of the road bridge over the Big Ohio; also that J. F. Penn, William M. Jones, A. O. Dunnell, A. Brickhouse, Freeman and Tom Johnson have aided the rebellion by subscriptions of money and in various other ways, it is hereby ordered that the above-named persons take the oath of allegiance to the United States and proceed to immediately rebuild the above-named bridge. And any of the above-named persons failing to obey this order in any particular will be arrested and sent to these headquarters. Captain John Lynch, Company E, Sixth Illinois Cavalry, is charged with the execution of this order.

By order of Brigadier General G. M. Dodge:

GEO. M. REEDER,
Lieutenant and Acting Assistant Adjutant-General.

SPECIAL ORDERS, HDQRS. CENTRAL DIVISION OF THE MISS., Numbers 21.
Trenton, Tenn., July 7, 1862.

The provost-marshal will arrest and hold in confinement any person refusing to take the oath. He will arrest all soldiers and officers returning from the rebel army who do not come forward voluntarily and take the oath. He will ascertain what property if any that can be used by the U. S. forces any persons who are now in the rebel army may own and report the same from time to time to these headquarters.

By order of Brigadier General G. M. Dodge:

GEO. M. REEDER,

Lieutenant and Acting Assistant Adjutant-General.