Tuesday, October 27, 2015

Major-General John A. Dix to Colonel A. Morse, October 1, 1862

Head quarters, Department of Pennsylvania,
Baltimore, Md., October 1,1861.
Colonel A. Morse, Commanding, Annapolis:

colonel,—The private who, while, on post as a sentinel, shot a corporal who refused to halt when ordered to do so, cannot be tried by a court-martial on the charge sent to me. It is a charge of murder — killing with malice aforethought — and must be tried, if at all, by a civil court.

I have just heard of a similar case in your regiment near Annapolis Junction, in which a commissioned officer was shot. If the sentinel is sustained in one case he should be in the other. I learn that in the latter the officer acknowledged that the sentinel was right. This acknowledgment does not change the principle. The post of a sentinel cannot be forced. His command must be obeyed. It matters not whether the party to whom it is addressed is known to him or not.

I was stopped, with two of my staff, some ten days ago, by a sentinel for nearly a quarter of an hour. I announced myself as the commanding general of the department, and he acknowledged that he knew me to be so, but that I must halt. I did so, and sustained him in the execution of his duty. If I had advanced and he had shot me, he would have done right. I fear your officers do not correctly appreciate the duties and responsibilities of sentries. It is time they should.

I am, very respectfully, yours,

John A. Dix, Major-general commanding.

SOURCE: Morgan Dix, Memoirs of John Adams Dix, Volume 2, p. 37

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