Missouri State Archives

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

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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:

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

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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 image

imprisoned under sentence for offences against 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

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Finding Aid 133.12

OFFICE OF ADJUTANT GENERAL

Box Folder Image

1 1

018-019

1 1 1 1

020-021 (see also images 023024) 022

1 1 1 1

023-024 (see also images 020021) 025-027

1 1

028-030

1 1

031-032

5 65 5 65

002-003 004

Content Letter from James A. Hardin, Col. & U.S. Ins. General to Warden P.T. Miller of the MSP re care and treatment of military prisoners Letter from W. Guntman, Brevet Col. USA A.A.A. Gen'l, to D.A. Wilson, Warden of the MSP re General Order 21 passed on 02/17/1870

Back of letter from Henry Jackson of the Department of the Missouri in Ft. Leavenworth to D.A. Wilson of the MSP re Judge Advocate General Order No. 21 re court martial sentencing

Letter from Brevet Col. Mitchell, USA A.A.A. General, to D.A. Wilson, Warden of the MSP, re military prisoners George M. Fitz and John Hamilton Letter from J.L. Rathbone, A.D.C., to D.A. Wilson, Warden of the MSP, re a circular from the War Department regarding the promulgation of sentence for imprisoned soldiers, passed 05/14/1869 Letter from the Inspector General of the War Department to H.A. Swift of the MSP re Swift's request about the sentencing law passed on 03/02/1867 Telegram to Mr. Swift from A.H. Knoyer re James Parker Letter from N.N. [??]ath to the Military Prison in Jefferson City

Date 07/01/1864 10/31/1870

07/05/1870 02/17/1870

02/03/1870 06/07/1869

08/11/1868 07/24/1865 05/02/1865

Missouri State Archives

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Finding Aid 133.12

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