War Department, Washington
City, December 15,1864.
General,—Your General
Order No. 97, telegraphed to this Department, has been submitted to the
President, who directs me to inform you that he approves prompt and vigilant
action, within proper limits, to protect your Department and its inhabitants
against hostile aggression; and that, in view of the recent action by a local
British tribunal in turning loose the marauders who were guilty of murder and
robbery at St. Alban's, every effort should be made to secure the citizens of
the United States on the frontier, in their persons and property, against
future outrages. But it remains to be seen whether the Executive authorities in
Canada will sanction the action of their judicial officer; and the President
does not approve that part of your Order which instructs “all military
commanders on the frontier” in certain cases therein specified to cross the
boundary between the United States and Canada, and directs pursuit into neutral
territory. The act of invading neutral territory by military commanders is, in
the opinion of the President, too grave and serious to be left to the
discretion or will of subordinate commanders, where the facility of
communication with superior authority is so speedy, as it always may be with
the chief authority in your Department, and even with the President at
Washington. The President, therefore, does not think the portion of your Order
referred to required by any public necessity, or compatible with proper
military subordination or the public peace and security. Subordinate military
authorities, when left to their own will or discretion, are too prone to act
upon views of military necessity where none really exists, to be intrusted with
the power of crossing neutral territory without specific authority. If
circumstances shall require military commanders to cross into Canada, or to
pursue marauders, thieves, or murderers of any description into neutral
territory, proper authority can be applied for, without any delay prejudicial
to the public welfare.
Your obedient
servant,
Edwin M. Stanton, Secretary of War.
Major-general John A.
Dix,
Commanding the Department of the East, New York.
SOURCE: Morgan Dix, Memoirs of John Adams Dix,
Volume 2, p. 113
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