General Orders, No. 104 (U.S. War Department) (August 13, 1862)

Updated: November 24, 2014

On August 13, 1862, the U.S. War Department issued General Orders, No. 104, announcing President Abraham Lincoln's executive order prohibiting citizens liable for the draft from leaving the United States, and suspending the writ of habeas corpus for persons arrested for disloyal practices.

General Orders, No. 104

War Dep't, Adjutant General's Office
Washington, August 13, 1862

The following orders are published for the information and guidance of all concerned:

I.—

War Department
Washington City, D.C. August 8, 1862

By direction of the President of the United States, it is hereby ordered that, until further order, no citizen liable to be drafted into the militia shall be allowed to go to a foreign country. And all marshals, deputy marshals, and military officers of the United States are directed, and all police authorities, especially at the ports of the United States on the seaboard and on the frontier, are requested, to see that this order is faithfully carried into effect. And they are hereby authorized and directed to arrest and detain any person or persons about to depart from the United States in violation of this order, and report to Major L. C. Turner, Judge Advocate, at Washington City, for further instructions respecting the person or persons so arrested or detained.

2. — Any person liable to draft who shall absent himself from his county or State before such draft is made will be arrested by any provost marshal or other United States or State officer wherever he may be found within the jurisdiction of the United States, and be conveyed to the nearest military post or depot and placed on military duty for the term of the draft ; and the expenses of his own arrest and conveyance to such post or depot, and also the sum of five dollars as a reward to the officer who shall make such arrest, shall be deducted from his pay.

3. The writ of habeas corpus is hereby suspended in respect to all persons so arrested and detained, and in respect to all persons arrested for disloyal practices.

EDWIN M. STANTON, Secretary of War.

II. —

War Department
Washington City, D.C. August 11, 1862

The temporary restrictions upon travelling, deemed necessary to prevent evasions of liability to be drafted into the militia, were not intended to apply to couriers with dispatches to and from the legations of friendly powers in the United States. All authorities, civil and military, are consequently required to allow such couriers to pass freely, without let or molestation.

EDWIN M. STANTON, Secretary of War.

By Order of the Secretary of War :

E. D. TOWNSEND, Assistant Adjutant General

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"General Orders, No. 104 (U.S. War Department)," Ohio Civil War Central, 2017, Ohio Civil War Central. 28 Mar 2017 <http://www.ohiocivilwarcentral.com/entry.php?rec=1438>

APA Style

"General Orders, No. 104 (U.S. War Department)." (2017) In Ohio Civil War Central, Retrieved March 28, 2017, from Ohio Civil War Central: http://www.ohiocivilwarcentral.com/entry.php?rec=1438

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