Missouri State Archives Finding Aid 133.12
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Missouri State Archives Finding Aid 133.12 OFFICE OF ADJUTANT GENERAL COURTS MARTIAL PAPERS Abstract: Records (1862-1877). Extent: 1.5 cubic feet (5 Hollinger boxes) Physical Description: Paper Location: Missouri State Archives. ADMINISTRATIVE INFORMATION Alternative Formats: Digitized, on DVD in Reference Room Access Restrictions: No special restrictions. Publication Restrictions: Copyright is in the public domain. Preferred Citation: [Item description], [date]; Courts Martial Papers, Record Group No.133.12; Missouri State Archives, Jefferson City. Acquisition Information: Agency transfer. Processing Information: Processing completed by DWB on July 31, 2003. Finding aid completed by MKS on July 10, 2018. OFFICE OF ADJUTANT GENERAL HISTORICAL AND BIOGRAPHICAL NOTES This collection consists of documents surrounding events connected with the courts martial and incarceration of military prisoners in the Missouri State Penitentiary in Jefferson City during the period 1862 to 1877. The Union Army’s primary military prison located at Alton, Illinois had proved to be inadequate as the Civil War continued to provide prisoners of war from the Confederacy and an increasing number of Union army criminals, making overcrowding and contagious disease tremendous problems. A smallpox epidemic in the winter of 1862 seems to have been the catalyst that forced officials to find an alternative: the financially troubled Missouri State Penitentiary. The text of the courts martial records and the prisoners’ statements provide a fascinating look into military life in the nineteenth century as well as human nature. Further, the presence of women and civilians among the military prisoners provides evidence of the complexity of the times and politics of the era, which often resulted in some extraordinary legal issues. One example is that of Reverend Fountain Brown, Box 1, Folder 41, who was convicted for violating the Emancipation Proclamation – the only individual to have been so censured. There also is interesting social history to be gleaned from many cases, such as, Box 2, Folder 35, wherein are two formerly enslaved men impressed into army duty. Apparently they had repeatedly requested leave to see their families yet were denied, so they went without permission. They did return, were arrested, court-martialed and sentenced. There are numerous such cases of men who left to go home and plow or harvest fields, only to return and receive five-year sentences. Most military prisoners began to receive executive pardons in June 1865 and were released, with the exception of those who had been found guilty of murder or rape. However, there still were soldiers committing crimes and being tried, prosecuted and sentenced by military tribunals, so even though there were large numbers of prisoners being released, there still were prisoners being processed through the system. The army continued to use the Missouri State Penitentiary as a military prison until 1877, therefore the collection reflects this, however, the numbers of persons incarcerated by the army were significantly fewer once the hostility of the Civil War had ended. Missouri State Archives Page 2 of 30 Finding Aid 133.12 OFFICE OF ADJUTANT GENERAL ADDITIONAL DESCRIPTIVE INFORMATION Related Material Register of Military Prisoners in Record Group No. 213, Missouri State Penitentiary. The volume contains further information about the prisoners such as nativity, age, date of release and physical description. The Register of Military Prisoners can be found in the Missouri State Penitentiary Database: https://s1.sos.mo.gov/records/archives/archivesdb/msp/ SERIES The records are broken down into the following series: Statements and Correspondence Prison Transfer Orders Discharges Court-Martials, Printed Descriptive Rolls Findings and Sentences Remittances and Releases Court-Martials, Individual Files Missouri State Archives Page 3 of 30 Finding Aid 133.12 OFFICE OF ADJUTANT GENERAL STATEMENTS AND CORRESPONDENCE Extent: 2 folders Arrangement: Original order retained. Scope and Content Correspondence between the Office of Adjutant General and the Warden of the Missouri State Penitentiary regarding military prisoners. Includes copies of acts of Congress, general orders, lists of military prisoners and reports on conditions in the penitentiary. Container List Box Folder Image Content Date 1 1 002-003 Letter from E.D. Townsend, U.S. Adjutant 02/23/1871 General, to W.J. Dougherty, Warden of the MSP re sentences of federal prisoners in the MSP 1 1 004-005 Letter from E.D. Townsend, Assistant U.S. 10/20/1865 Adjutant General, to H.A. Swift, Warden of the MSP re clothing of federal military prisoners 1 1 006 General Order No. 46 re discharges of military 07/13/1866 prisoners 1 1 007-008 Telegram asking the Superintendent of the MSP 07/03/1866 to provide the names of all the military prisoners who have been held for six months or more 1 1 009-011 Letter from E.D. Townsend, Assistant U.S. 07/16/1866 Adjutant General, to the Warden of the MSP listing the names of 46 military prisoners to be released 1 1 012 (See Copy of “An act in relation to persons 05/14/1873 also imprisoned under sentence for offences against image the Laws of the United States,” passed by the 39th 017) Congress on 03/02/1867 1 1 013-014 Letter from Samuel P. Simpson, Adjutant 04/25/1867 General of MO, to Warden H.A. Swift of the MSP re the number of soldiers confined in the MSP 1 1 015-016 Letter from E.A. Woodruff of the Corps of 12/17/1867 Engineers, to the Governor of the MSP re Burroughs P. Williams, a military prisoner at the MSP 1 1 017 (See Letter from E.D. Townsend, U.S. Adjutant 05/14/1873 also General, to John P. Sebree, Warden of the MSP, image re the law regarding commutations of sentences 12) for military prisoners Missouri State Archives Page 4 of 30 Finding Aid 133.12 OFFICE OF ADJUTANT GENERAL Box Folder Image Content Date 1 1 018-019 Letter from James A. Hardin, Col. & U.S. Ins. 07/01/1864 General to Warden P.T. Miller of the MSP re care and treatment of military prisoners 1 1 020-021 Letter from W. Guntman, Brevet Col. USA 10/31/1870 (see also A.A.A. Gen’l, to D.A. Wilson, Warden of the images MSP re General Order 21 passed on 02/17/1870 023- 024) 1 1 022 Back of letter from Henry Jackson of the 07/05/1870 Department of the Missouri in Ft. Leavenworth to D.A. Wilson of the MSP re Judge Advocate 1 1 023-024 General Order No. 21 re court martial sentencing 02/17/1870 (see also images 020- 021) 1 1 025-027 Letter from Brevet Col. Mitchell, USA A.A.A. 02/03/1870 General, to D.A. Wilson, Warden of the MSP, re military prisoners George M. Fitz and John Hamilton 1 1 028-030 Letter from J.L. Rathbone, A.D.C., to D.A. 06/07/1869 Wilson, Warden of the MSP, re a circular from the War Department regarding the promulgation of sentence for imprisoned soldiers, passed 05/14/1869 1 1 031-032 Letter from the Inspector General of the War 08/11/1868 Department to H.A. Swift of the MSP re Swift’s request about the sentencing law passed on 03/02/1867 5 65 002-003 Telegram to Mr. Swift from A.H. Knoyer re 07/24/1865 James Parker 5 65 004 Letter from N.N. [??]ath to the Military Prison in 05/02/1865 Jefferson City Missouri State Archives Page 5 of 30 Finding Aid 133.12 OFFICE OF ADJUTANT GENERAL PRISON TRANSFER ORDERS Extent: 2 folders Arrangement: Chronological Scope and Content Orders and correspondence regarding transfer of military prisoners to the Missouri State Penitentiary. This should not be considered a complete listing of all military prisoners sent to the Missouri State Penitentiary. Container List Box Folder Image Contents Date 1 2 002-006 Jesse C. Croslin, includes descriptive roll of 07/12/1865 pay and clothing 1 2 007 (see also Letter of transmittal of a list of prisoners 07/25/1864 images 030- 033) 1 2 008-010 Letter of transmittal of a list of prisoners, 09/20/1864 but no list is included 1 2 010-a-010-b Lt. Charles Seep directed to take charge of 09/19/1864 (see also 11 (7 of whom are named in a later image) images 025) prisoners and transport them from St. Louis to Jefferson City 1 2 011 Sgt. A. Koch directed to take charge of 7 11/21/1864 prisoners (not named) and transport them from St. Louis to Jefferson City 1 2 012-013 Letter of transmittal of a list of prisoners, 11/21/1864 but no list is included 1 2 014-015 (see Letter regarding transfer of prisoners 06/09/1864 also images 034-035) 1 2 016 Sgt. Henry B. Reading directed to take 01/26/1865 charge of 14 prisoners (not named) and transport them from St. Louis to Jefferson City Missouri State Archives Page 6 of 30 Finding Aid 133.12 OFFICE OF ADJUTANT GENERAL Box Folder Image Contents Date 1 2 017-022 Letter of transmittal of a list of 17 prisoners, 01/27/1865 list included: James H. Meyers, Joel Potts, William M. Patterson, W.J. Ragsdale, George C. Sonner/Somner, William Sevier, Simeon Turnea/Turner, Harrison Thompson, Marcus Caldwell, Calvin Cellers, Charles Christy, Paul Fuse, William H. Jenkins, Henry Meyers, Mrs. Christina D. Morse, William Sevier and William Yarbrough 1 2 023-024 Lt. John E. Stafford directed to take charge 01/16/1865 of 9 prisoners and transport them from St. Louis to Jefferson City: 1 2 025 (see also Roll of Prisoners being sent to MSP: Felix 09/20/1864 images 010- Brown, Henry T.