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 D03209536S 
 
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CHARGES«1ND SPECIFICATIONS 
 
 PREFERRED AUGUST 23, 1862, 
 
 BY BRIGADIER GENERAL ALBERT TIKE, 
 
 AGAINST 
 
 MAJOR GEN. THUS. C HINDMAN 
 
 RICHMOND, VA.: 
 
 8MITH, BAILEY 4 CO., PRINTERS 
 
 1863. 
 

 135~ Brigadier G#:i. Albert Pike, commanding de- 
 partmoat Indian te groat Ari.nns lawyer 
 
 his wr • :..rii»l law, fr.im whic'i we ex- 
 
 it no j-uch thir.r »» Martial Law, in the sense in ! 
 
 hi 
 our 
 
 1 tnT-? 1* DO >\i::i inn 5 ai .'iiruii bin, in iuo icues r 
 
 hicu i i - ia irtial Law ii 
 
 l« We .. s : aud ore: ^ 
 
 . *hment for offences, v. ' 
 
 < \ urts i) the pn < . 
 bait, *r hat Lung or shot uieo tipen 
 ■■ by a seme 
 ariial, ha? been guilty of lhat 
 
 i — the sub» Coualitutio* 
 
 his country. And every editor, who. standing like ■ 
 
 1°*" I aentinpl on the pat..' 
 
 vasiea of their rights, bacnmes ' 
 tbe c'.^Kk ;i3ta 
 
 for, what ^T i!ow :ai law, is what has Weeu 
 
 m- . ui.-niy ages a: i r and adroc* 
 
 . and the par- 
 asite i 
 The Vice President of the Confederate Stales has late- 
 luaced as bi -ren "Ciugres* can- 
 
 . in its propir sense, is 
 t all Kws ;'' th ;t Coofi i 
 s constitute I 
 nal gu irantees being "above and be- ] ed llf 
 •nd much >- 
 rond any officer uf the g 
 
 puniah any aetaaan sess 
 nff.-nce i law, unless t Lie lommif 
 
 ■ lias first be ogress, 
 
 ion of i , -with the 
 mods i 'i v set forth, 
 
 'i * with hie. ] in this 
 
 's hare 
 . alter or modify laws, either military 
 !are what shall ! 
 er military or civi! ; h any tribu i 
 
 declare." 
 
 the motive, an! however 
 . all officers, of anv grade, 
 uch usurpations, are criminals. 
 I thrown 
 
 tian rock as enemies of the Re- 
 st despotism, 
 all ages begun under tho p re- 
 ana 1 1 audible motives. 
 
 A Pi . rof the camp nf an army, 
 
 conduct of 
 
 of the the I 
 
 is, to Fpoik of a Gencr 
 "oommai A 
 
 command t a Pi 
 1 d be tbo civil and military Got- 
 State. 
 
 <-y powers. 
 
 re no other. When they appoint Provost Mar- 
 
 imirml magistrates^ they usurp 
 
 tlopo.» ties, annihilate its sorer- 
 
 ilio tunctione of the Legislators and 
 
 The powers ofaProTost Marshal cannot extend bevoad 
 sfers and retainers. It is especially 
 -dish * tat to overn in sales 
 
 lividnali, to direct Ibal 
 tinvney shall be recei/ed ia payment for i?,oodn ! 
 . sold by prirate citizen to private citizee, or 
 enmpel men to recuive such cstrrency in payment ol 
 .,• dcbt«. It is a .t in the powei 
 ■ l.-i autlioii: ' i, any of these thii 
 
 of Prevost Marshals, who are to ex- 
 the army, aro 
 - are the erecting of offie- 
 ;. unknown to lb* " i and the laws, and the! 
 
 them will bo utterly worthless, whei 
 eade ore the Courts. 
 
 itments can, as the ','[ 
 ice President bai i ightfullp exercise ho saoi 
 
 except in respect to the army, its retainers ■ « 
 than ii the apdjintmeut had been made by »t 
 .-«et walker. 
 
 . 
 
 
 i^e 1 
 
 in 
 
 sacj 
 conl 
 datl 
 
 the 
 
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 day) 
 
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LETTER 
 
 TO THE 
 
 ADJUTANT AND INSPECTOR GENERAL, 
 
 ACCOMPANYING CHARGES AGAINST MAJOR 
 GENERAL THOS. C. HINDMAN. 
 
 Little Ro^k, Arkansas, ) 
 August 25, lS6%t J 
 
 General S. Cooper, C. S. A., 
 
 Adjutant Gent r al, Richmond, Va.: 
 
 Sir : I enclose herewith charges and specifications against Major 
 General Thomas C. Hindman, of the Provisional army of the Confed- 
 erate States. 
 
 I was my intention merely to duplicate charges and specifications, 
 placed by me on the twentienth of the present month, in the hands of 
 the postmaster at Washington, Arkansas, o be forwarded by mail, or 
 by the carrier who goes, at irregular intervals, to Chattanooga ; in 
 order to make it certain they should reach Richmond, as I feared they 
 would not do in either of those modes. 
 
 I have, however, here added a sixth and seventh charge, and in some 
 respects modified or varied the language of the specifications under 
 the others, and therefore request that these may be substituted for 
 those. 
 
 In the letter accompanying those, I said as follows: 
 
 '* As I have had cause to complain of General Hindman, in his mili- 
 tary capacity, as my superior officer, and as he thinks he has cause 
 for complaining of disobedience of his orders on my part. I would 
 rather this task of arraigning him for the most extraordinary assump- 
 tions of power, outrages upon private rights, and violations of the 
 constitution, should have devolved upon some one other than myself, 
 and that it should have been performed by some one of those whoso 
 peculiar duty i. is to guard the rights and honor of the State of Ar- 
 kansas and her people. 
 
" But I do solemnly aver, that if I had had no controversy whatever 
 with Genera] Ilindinan, I should equally have felt it a duty I owed 
 the Stale and the people of the State, to preler these charges, in order 
 that the President might, by bringing this great offender to trial, pub- 
 licly protest against being held responsible for these enormous acts of 
 usurpation and tyranny, which, if he overlooks them, or permits them 
 to pass uncondemned, the public opinion of the country and the world 
 will hold him to have adopted and made his own. 
 
 '• For near two months and a half, the State government of Arkansas 
 has been deposed, and the constitution of the State stricken with par- 
 alysis. It has been no State; because it has been without a constitu- 
 tion, without law, without courts in action; the will of the military 
 commander its only law. 
 
 " An officer who exacts obedience, implicit and unhesitating, from 
 his inferiors, must, first of all, himself as implicitly obey the 
 law and'the constitution. \\ hen he sets them nought, he destroys the 
 source and fountain of his own power, and relieves his inferiors of the 
 duty of obedience to himself. He cannot demand that any one should 
 aid him in strangling liberty, invading the sanctuaries of private 
 right, setting his Provost Marshals upon the benches of justice, and 
 putting his feet upon the neck of the Constitution. . 
 
 " 1 protest against the doctrine lately announced by Major General 
 Pari \fr» Dorn to the people of Mississippi, that ''martial law has 
 been well defined to be the will of the military commander" That 
 is the exact definition of despotism, pure and simple. It defines the 
 government of Nero, Peter the Great, and Amurath, Sultan of the 
 Janissaries. If it were true, then it might be made high treason to 
 question the immaculate conception of the Holy Virgin, or the mili- 
 tary qualifications of a Major General. 
 
 " On the contrary, I am sure the President will hasten to declare, 
 that no military power can annul any part of the Constitution ; that 
 martial law can only be declared, when allowed by the Constitution and 
 authorized by Congress; that when declared, it does not suspend the 
 Constitution or the laws, or authorize the General to make laws, but 
 only extends a known code of laws into wid.r limits and beyond the 
 immediate precincts of the army, and substitutes, as to certain offences, 
 the military courts, provided for by law, in place of the civil tribunals ; 
 that it does not in any wise warrant the conferring of unlimited and 
 triple-headed power upon Provost Marshals, any violation of the sacred 
 obligation of contracts, or an agrarian distribution of private pro- 
 perty among the necessitous, and the sweeping confiscation of the 
 whole cotton crop of a State." 
 
 These usurpations and outrages were not necessary ; and if they 
 were, " necessity has in all ages been the plea of tyrants." Most of 
 them, and the most despotic and indefensible among ihem, have not 
 been in any wise the exercise of military power, but such interferences 
 with civil rights anl remedies, as flow only from absolute regal power, 
 unrestrained by law and justice alike. 
 
 The utter contempt and disregard shown by General Hindman for 
 the rights of his subordinates, are not less striking and singular than 
 
his disregard of law and Constitutions. Every where, even in the line, 
 officers of his creation, without right or rank, are set over those hold- 
 ing the commission of the President ; the men of companies and regi- 
 ments have been deprived of the right of electing their own officers; 
 and rank and titles have been dispensed by him as liberally :nd in as 
 lordly a style 1 as patents of nobility are by a monarch. 
 I have the honor to be, 
 
 Very respectfully yours, 
 
 ALBERT PIKE, 
 Brigadier General P. A., C. S. A., and citizen of Arkansas. 
 
 ■ 
 
 
CHANGES PPEFEPJM-I) 
 
 AGAINST 
 
 MAJOR GENERAL TIJOS! 0. JUNDMAN, 
 
 PROVISIONAL ARMY OF THE CONFEDERATE 
 STATES OF AMERICA. 
 
 CHARGE FIRST. 
 
 Unlawful, unconstitutional, unmilitary and unwarrantable assump- 
 tions and exercise of dangerous powers, and usurpations < f the ple- 
 nary prerogat ves of royalty, within a sovereign State of the Coo* 
 federate States of America, and over the free citizens of that State, 
 to the utter subversion, for the time being, of the laws and the con- 
 stitution of that State, and the establishment, during more than two 
 months of an absolute despotism within it 
 
 
 SPECIFICATIONS OF THE FIRST CHARGE. 
 
 First. That the said Major General Thomas C. Hindmari., being 
 plac.d. by the order of General Beauregard, of the army of the <<> 1 1 - 
 fed 'rate States, in command of the Trans-Mississippi district, of 
 which, by the, same oner, the State of Arkansas was made a part; 
 and having assumed the command of the said district, and established 
 his headquarters at Little Rock, in the Sure of Arkansas he, the 
 said Mi.jor General Thomas C. Hindman, did, on the ninih day of 
 June, A. D. Ittt ; 2, by his special orders. No. 13. of that day and 
 date, then issued and promulgated fiom his said headquarters ille- 
 gally and in subversion of constitutional government, declare martial 
 law throughout the county of Pulaski, in the State of Arkansas; and 
 on the thirtieth flay of June, A. D , I.SU2, by his general orders, No. 
 IS, of that date, issue' and promulgated from the same headquarters, 
 he, the said Major General Thomas C llindman. did, illegally and in 
 subversion of constitutional government, and in defiance of the guar- 
 antees of rights to the citizens in the Constitution of the Confederate 
 States, extend his own arbitrary will and despotic tyranny, termed by 
 him in the special orders aforesaid, ''martial law," and in the same 
 general orders, "the direct protection of the military authority," over 
 the people of the whole of the said district; which orders were there- 
 
■upon carried into effect, and his will became the law, and all vestiges of 
 the constitutional government of the State disappeared, and the privi- 
 lege of the writ of habeas corpus was everywhere suspended ; and cer- 
 tain persons styled by him Provost Marshals were authorized to as- 
 sume, and were invested with dangerous and unconstitutional powers, 
 legislative, judicial and executive, in derogation of the rights of the 
 citizens, and in violation of the constitution of the Confederate States 
 and of that of the State of Arkansas : all of which was done and 
 acted and ordered by liim without authority from the President of the 
 Confederate States. This it Little Rock, in the State of Arkansas, 
 on the ninth and thirtieth days of June, A. D., one thousand eight 
 hundred and sixty-two. 
 
 Second. That by the said special orders No. 13, issued and pro- 
 mulgated on the ninth day of June aforesaid, he, the said Major 
 General Thomas C. Hindman, did constitute and- appoint one Benja- 
 min F. Danley to be commander of the post of Little Iloek aforesaid, 
 and Provost Marshal of the county of Pulaski in the State of Ar- 
 kansas ; and did thereby charge and authorize that person, among 
 other things, to suppress vice, disorder and immorality within that 
 county, have full control of police regulations throughout it, and il pre- 
 scibt: and inflict penalties" for all offences coming within his jurisdic- 
 tion ; and he also thereby authorized the said person to '-establish 
 such regulations in regard to trade and traffic" and the punishment 
 for violations of orders in respe*ot thereof, as he might deem proper. 
 And on the tenth day of June aforesaid, by his general orders No. 
 13 of that date, issued and promulgated from the same headquarters, 
 the same person was, by the said Major General Thomas 0. Hind- 
 man, assigned to duty as Chief Provost Marshal of the whole of the 
 said district, and the said Major General Thomas C ITindman did 
 thereby authorize and empower his said. Chief Provost Marsha! "and 
 those under him," "under such regulations as he^might adopt," to 
 arrest and punish certain "offenders" therein specified, whether their 
 offences should be committed within the limits over which martial law 
 might be in force, or not; among which 'offenders" were enumerated 
 the following, that is to say: 
 
 All persons who should refuse to receive Confederate notes as cur- 
 rency, at par, in business transactions. 
 
 All persons who should ask or receive, for any produce, wares or 
 merchandise, drug or commodity, any higher price than such as 
 should be fixed by the Chief Provost Marshal, who was thereby em- 
 powered to regulate prices from time to time, at his discretion ; which 
 power the Chief Provost Marshal at once proceeded, with the appro- 
 val of the said Major General Thomas C Hindman, to exercise, and 
 by his General Order, No. 1, dated the eleventh day of June, afore- 
 said, and promulgated at Little Rock, to establish "a tariff of prices" 
 for the sale of all goods, wares, merchandise, &c, specified therein ; 
 to require all merchants within the district of Arkansas to keep open 
 their stores from half after six o'clock, A. M., to half after seven 
 o'clock, P. M., of each day, Sundays excepted, and to receive in pay- 
 ment for their wares, Confederate paper, if tendered. And he an- 
 
 

 nounccd that all violations of this order would u be met with punish- 
 ment commensurate with the ofFenc •." 
 
 All persons who should violate the orders from the headquarters 
 aforesaid, in regard to cotton, were, by the same General Orders, to 
 be arrested and punished by each Provost Marshal within his jurisdic- 
 tion ; all gamblers, and other ragrants, and all persons guilty of any 
 disorder y or immoral conduct. 
 
 And that, by his General Orders, No. 18, issued and promulgated 
 from his headquarters at Little Rock, aforesaid, on the 30th day of 
 June, lsiii, he, the said Major General Thomas C. Hindman, ap- 
 pointed a Provost Marshal General for the whole of the said district, 
 and three Provost Marshals of divisions of the State of Arkansas, 
 who should appoint a Provost Marshal in each county; and these 
 should have command of the Independent Military Companies of such 
 counties; and it was ordered that they should arrest all st-wigtrs an 1 
 suspected person*, ami hold them in custody, until a satisfactory account 
 should be ohtained as to their loyalty ; by which means they became in- 
 vested with an arbitrary and odious power, that might be used for the 
 most infamous purposes, and which placed the liberty of every citizen 
 at their mercy. 
 
 And that, on the 7th day of July, A. D. 1862, the said Major Gen- 
 eral Thomas C. Hindman approved ami put in force certain " Regu- 
 lations"' established by the said Provost Marshal General for the whole 
 of said district; by which provisions were made for the trial, by the 
 Provost Marshals, and the final trial, by the Provost Marshal General, 
 of all persons suspected of or charged with an oiTence against the gov- 
 ernment ; among which offences were enumerated " the depreciation' 
 of Confederate money, evasion of or resistance to the conscript act, 
 and any nth r evidence of disloyalty; the " spreading discontent or dis- 
 affection" being specially designated; by which enactments the" reign 
 of terror" was revived; to be "suspected" or the object of private 
 hatied. was made a crime ; and free thought and free speech were pro- 
 scribed. 
 
 And by the same approved regulations, the functions of the civil 
 courts were transferred to the local Provost Marshals, and tiny were 
 authorized to arrest all persons guilty of " offences again t the com- 
 munity," to hear the facts, and administer justice, avoid ng mire tech- 
 nicalivies, and to inflict punishment "sufficient to secure order and 
 quiet in the community." Among which "offences against the com- 
 munity " were enumer ted " theft, disturbance of the peact, extortion or 
 viola ti< n of private, rights;" by which provision the wh<de jurisdiction 
 of the criminal courts was divested from them, and vested in the persons 
 selected as Provost Marshals ; an outrage which created a hideous 
 despotism on the ruins of a free State 
 
 Third. That the said Major General Thomas C. Hindman, while in 
 command of the State of Arkansas, as part of the Trans-Mississippi 
 district, from the first day of June or thereabouts, to the twelfth day 
 of August, or thereabouts, by hid special and general orders, issued 
 and promulgated in that behalf, conferred upon the Provost Marshals 
 created by him throughout the State, the power to arrest, try and punish 
 
persons committing offences against the criminal laws of the State of 
 Arkansas, thereby divesting the courts of justice of their functions, 
 destroying the right of trial by jury, and making the petty Provost 
 Marshals of counties to be both the judges and executioners of free 
 citizens. 
 
 Fourth. That the said Major General Thomas C. Hindman, while 
 in command as aforesaid, empowered the Provost Marshal of the 
 county of Pulaski, the Chief Provost Marshal and the Provost Mar- 
 shal General, to define and create offences against order, morality and 
 general orders, to fix and prescribe the punishment, ''commensurate 
 with the offence ; " to try the party accused, and carry the sentence into 
 execution ; whereby the last vestige of liberty and free government 
 disappeared, and the Constitutions of the Confederate Mate! and of 
 the State of Arkansas became impotent to protect the citizen. 
 
 Fiftn. That the said Major General Thomas C. Hindman, while so 
 in command of the said district and on the seventh day of July, A. 
 D., 1862, and afterwards, required his Provost Marshals to arrest all 
 strangers and suspected persons; by which the liberties and even the 
 lives of men were put in jeopardy, and the worst outrages of the worst 
 times were encouraged. 
 
 CHARGE SECOND. 
 
 Invasion of the rights of private property and unnecessary, wanton 
 and inexcusable outrages on private rights, under color and by abuse 
 of military authority. 
 
 SPECIFICATIONS OF THE 8FCOND CHARGE. 
 
 First. That the said Major General Thomas C. Hindman, while in 
 command as afore.-aid, by his general orders, dated the third day of 
 June, A. D., I8G2, issued and promulgated from his headquarters, at 
 Little Rock, aforesaid, declared that all cotton within the said district, 
 except only in the Choctaw Nation, was "seized," for and on account 
 of the Confederate States, and placed under the control of a private 
 person therein named, by which order he attempted to d^est, at once, 
 the title to private property of immense value, without authority of 
 law or a;;y sufficient order from any superior officer, and in opon defi- 
 ance of the Constitution of the Confederate States. 
 
 Second. That by an order issued ou the fifth day of June aforesaid, to 
 "the enrolling officers" of the several counties in the State of Ar- 
 kansas, the said Major General Thomas C. Hindman ordered that all 
 the cotton within each county should b • removed by them to places at 
 least. twenty miles from any navigable stream; to effect which, these 
 persons were authorized Jo demann the aid not onlj of the sheriffs and 
 oth^r county officers, of conscripts and volunteers, but of ci izen3. 
 
 Third. That the said Major General Thomas C. Hindman; by the 
 order last aforesaid, on the fifth day of June aforesaid, authorized 
 and ordered the said " enrolling officers " to issue to every planter, 
 out of his own cotton, for clothing for his family and hands, "ten 
 pounds to each white person and slave," and also to give away tho 
 same quantity of the same cotton to each " necessitous person " of 
 
10 
 
 the county, which order was, in many counties, carried into effect, 
 and much cotton was thus given away. 
 
 Fourth. That the said Major General Thomas C. Ilindinan, by the 
 order last aforesaid, on. the fifth day of June, aforesaid, ordered that 
 if any person should secrete his own cotton, and refuse to point it out, 
 he should be arrested and sent to headquarters for trial as guilt-j of 
 high treason, and that the cotton so secreted, if found, should be con- 
 fiscated ; and it was also thereby ordered by him. that all persons who 
 should resist the execution of that order, or should fail to give aid when 
 called upon, should be arrested as guilty of high treason : in all whereof 
 the Constitution of the Confederate States was set at nought, and 
 attempted to be annulled, and treason against these States was made to 
 consist in other things than levying war against them, or adhering to 
 their enemies, giving them aid and comfort ; and it became high treason 
 for a citizen to endeavor to save his property from wanton destruction, 
 or from distribution among the l< necessitous of the county." 
 
 Fifth. That on or about the twenty-first day of July, IK62, at Lit- 
 tle Rock aforesaid, the said Major General Thomas C. Hindman an- 
 nulled a sale of certain goods captuied from the enemy, and which 
 had been sold in the city of Little Rock, at public auction, " in con- 
 formity with the law and army regulations," and in obedience to his 
 own orders ; and ordered the same goods, which had by such sale be- 
 come private property, to be re-sold at invoice prices to the wives and 
 families of soldiers ; all which was done for the reason that at the said 
 sale at auction, wealthy persons offered and bid extravagant prices, to 
 the exclusion of the poor from all benefit in the sale. 
 
 CHARGE THIRD. 
 
 Unwarrantable usurpation of military power and authority, to-wit: 
 the power of appointment and promotion of officers, which belongs 
 only to the President of the Confederate States. 
 
 SPECIFIC ATION of the third charge. 
 
 That the said Major General Thomas C. Hindman, while so as 
 aforesaid in command of the said district, and at different times from 
 the first day of June, A. D., 1862, to the first day of August, A. D., 
 1SG2, has usurped and exercised the power of appointing one R. W. 
 Kichardson, one Thomas Elliot, one Decius McCrery and one John S. 
 Horner, all of whom were persons in private life, to bo majors of in- 
 fantry, has apppointed other persons from private life to be captains, 
 majors and colonels in the provisional army of the Confederate States, 
 and has filled with them offices created by himself and unknown to the 
 law, without any authority whatever for so doing; that he has also 
 promoted officers to higher office and rank, without authority of law, 
 given members of his staff ranks to which they were not entitled, and 
 published his list of appointments and promotions in the same style 
 as if he were the President of the Confederate States. 
 
 charge fourth. 
 
 Outrages upon the right to personal liberty of free citizens guilty 
 r>f no proven offence, and thereby the inauguration of a now reign of 
 terror. 
 
11 
 
 SPFCIFICATIONS OF THE FOURTH CHARGE. 
 
 First. That the said Major General Thomas C. Hindman. on the 
 6th day of August, A D., 1862, by his General Orders No. 42, of 
 that date, issued and promulgated from his headquarters at Little 
 Rock aforesaid, did order that whenever any person in the district 
 should be suspected of disloyalty, and there should appear to be reason- 
 able ground for brlieving the suspicion well founded, the officer of tho 
 Provost Marshal's department, having jurisdiction of the locality, 
 should cause the arrest of the person so suspected, and require him to 
 swear allegiance to the Confederate States, and that he would not go 
 be"\ond the limits of the county in which he might reside, without a 
 passport from the Provost Marshal thereof, during the continuance of 
 the present war, under the penalty of death ; thus imitating the most 
 infamous precedents of a bloody period, encouraging the trade of spy, 
 and delator, and catering to private revenge. 
 
 Pecond :' That on the fifteenth day of June, A. D , 1862, or there- 
 abouts, at the city of Little Rock, in the State of Arkansas, under 
 and by virtue of authority conferred by the said Major General 
 Thomas C. Hindman, and by virtue and force of his General Orders, 
 No. 13. of date the tenth day of June, A. D., 1862, and that day is- 
 sued and promulgated fiora his Headquarters at Little Rock, one Ben- 
 jamin F. Danley, being by the said Major General Thomas C Ilind- 
 man's appointment, Provost Marshal of the county of Pulaski, in the 
 said State, did, with the sanction and approval of the said Major Gen- 
 eral Thomas C. Hindman, arrest, and restrain of his liberty, and en-* 
 treat as a felon, one Joseph Fenno, a free white man and old citizen 
 of the said city, county and State, of good repute, for the cause and 
 for no other, that he refused to receive, from one J. C. Trumpler, a 
 certain sum and amount, in Treasury notesof the Confederate states, 
 at par and dollar for dollar, in payment for an old debt due him by the 
 said Trumpler : which arrest and restraint then there continued for 
 the space of three hours, or thereabouts, and until the said Joseph 
 Fenno, under such duress, consented to receive the said sum in such 
 Treasury notes, in payment of the said debt, whenever it should be 
 tendered to him. 
 
 CHARGE FIFTH. 
 
 Unjust, illegal, unconstitutional and wanton interference with the 
 business affairs and contracts of private citizens, under color and by 
 gross abuse of his military authority. 
 
 SPECIFICATION OF THE FIFTH CHARGE. 
 
 That on the ninth day of August, A. D. 1869, the said Major Gen- 
 eral Thomas C. Hindman, by his General Orders, No 9. that day is- 
 sued and promulgated from his Headquarters at Little Rock, afore- 
 said, declared that Confederate money (meaning thereby the Treasury 
 notes of the Confederate States.) was considered as of equal value with 
 any other, and should therefore be taken in all business transactions, 
 and in payment of all debts, of whatever kind and character ; and in or- 
 der to make effectual this tyrannical attempt to raise a depreciated 
 
12 
 
 paper to lip the equivalent of gold and silver coin. an<l to constitute it 
 a legal tender, ami to enable dishonest debtors to pay their just debts 
 With one t) in! their amount and value, lie the Raid Major General 
 Tb'>if;:- Q. Hindman al-o thereby declared that all pet sons who should 
 refuse 10 receive the Treasury notes of the Confederate State a in pay- 
 ment, at par. of old debts as well as new, would subject themselves to 
 the penalties theretofore prescribed in his Orders; that is to say, to 
 trial by the person called Provost Marshal General, or hy some of 
 those under him ; and to the infliction of such punishment as any such 
 person might deem " commensurate with the offence." 
 
 CHAKGE SIXTH. 
 
 The putting to death, unconstitutionally and illegally, without due 
 process of law, or legal trial, under color and by abuse of his military 
 authority, of a person charged with an offence against the criminal 
 laws of the State of Arkansas. 
 
 SPECIFICATION OF THE SIXTH CHARGE. 
 
 That hy virtue of the authority and power attempted to be confer- 
 red by the said Major General Thomas C. Hindman on one Benjamin 
 F. Danley, as Provost Marshal General of the Trans- Mississippi dis- 
 trict, by his General Orders, No. 13, of date the thirtieth day of June, 
 A. D. 1862, and on that day issued and promulgated from his Head- 
 quarters at Little Rock aforesaid ; and under and by virtue of the cer- 
 tain regulations, established hy th ; said Provost Marshal General, in 
 pursuance of the said General Orders, No. 13, for the trial, by tho 
 said Provost Marshal General, and the Provost Marshals under h.m, 
 •of all persons within the said T ans-Mississippi district, suspected of 
 or charged with an offense against the government, and of all persons 
 guilty of '* offences against the community;" which regulations were 
 approved and thereby put in force by the said Major General Thomas 
 <, . Hindman, on the seventh day of July, A. D. 1862, and the said 
 1 rovost Marshal General, and the several Provost Marshals under him, 
 v.ere thereby empowered to arrest all persons, guilty or suspected to 
 le guilty of such offences, " to hear the facts and administer justice, 
 chnicalities," and to inflict punishment, " sufficient to 
 
 i -voiding mere technicalities," and to inflict p 
 
 fecure order and quiet in the community ;" one Jerry, a negro man. 
 Have for life, charged with an assault with intent to commit a rape 
 at the county of Pulaski, in the State of Arkansas, contrary to th 
 Etafutesof the State of Arkansas, in that case made and provided, an 
 aganst the peace and dignity of the State of Arkansas, alone, and 
 ict contrary to the statutes or against the peace and dignity of the 
 ( oi federate States, was, on the thirtieth day of July, A. D. 1862, or 
 tl e eabouts, at the said county, arrested by the said Provo.-t Marshal 
 Ceieral, and by him tried for such offenco, convicted thereof, an 1 
 s n enced to be hung by the neck until he was dead; which se^teaie 
 b> ii g thereupon submitted to the said Major General Thomas C Hin l- 
 n an he did, on the thirty-first day of July, A. D. 1862, or there- 
 tbou s, at Little Rock afoiesaid, approve and ratify the same, and or- 
 cer it to be carried into execution ; and accordingly, by virtue and 
 
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 authority of his said General Orders, regulations, approval and order, 
 the said negro man Jerry, slave for life, was, on the first day of Au- 
 gust. A D., 1862, at the county of Pulaski aforesaid, by the'said Pro- 
 vost Marshal General, hanged by th." neck until he was dead. 
 
 CH »RGE SEVENTH. 
 
 The putting to death, without sentence of a court martial, or other 
 due process or legal trial, uiider color and by abuse of his military 
 authority, of persons charged with desertion and other offences against 
 the articles of war. 
 
 SPF.C!HCAT[ONS OF THE SEVENTH CHARGE. 
 
 First: That on the first day of August, A. D., 1862, or thereabout*, 
 at the county of Pulaski, in the State of Arkansas, the sail Major 
 General Thomas C Hindman did cause and order to be shot to death 
 an<1 killed four several white men, citzens of the State of Arkansas, 
 sol Hers in ihe service and Provisional Army of the Confederate States, 
 two of whom were named West and one Donoho, charged with deser- 
 tion : and the said four men were thereupon then and there, by his 
 older, and without trial or sentence by court martial or other compe- 
 tent tribunal, shot to death and killed, without warrant by the law of 
 the land 
 
 Second: That on the eleventh day of August, A. D, 1862, or 
 thereabouts, in the county of Pulaski, in the State of Arkansas, the 
 said Major General Thomas C Hindman did cause and order to be shot 
 to deat'i and killed, five several white men, citizens .of the State of 
 Arkansas, and ot whom four were soldiers in the service of the ('on- 
 federate States, and in the Provisional army of the same ; and the said 
 five men were thereupon, by his order, and without trial or sentence 
 by court martial or other competent tribunal, then and there, without 
 any warrflht of law, shot to death and killed. 
 
 Preferred by Albert Pike, Brigadier General of the Provisional 
 Army C S. A., the 23d day of August, 1862. 
 
 ALBERT PIKE, 
 Brigadier General, fyc. 
 
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