E.R.S. Canby to A. L. Anderson, August 8, 1861
Santa Fé, N. Mex., August 8, 1861.
The writ of habeas corpus has been suspended in order to enable every commander to guard against the treasonable designs of persons disloyal to the Government of the United States, particularly agents and spies, persons engaged in furnishing information to, or in other treasonable correspondence with, the enemy, or in inciting insurrection or . rebellion. — x
Care will be taken to guard against any abuse of this power by unauthorized arrests or by annoyances to peaceable and well-disposed citizens, and, except in the case of overt acts, arrests will only be made by – the superior commander of any district, post, or body of troops in the.
service of the United States, and only upon probable cause of suspicion of being dangerous to the publie safety. XS When arrests are made, the person arrested will immediately be examined, and if there be no ground for suspicion, will be released; if other- d wise, held in confinement until his ease is disposed of by the proper
authorities. Ifthere be evidence of treason or misprision of treason, he will be turned over to the civil courts for trial.
In the execution of these duties the troops will at all times unitewith and assist the civil authorities in maintaining order throughont the country.
By order of Col. E. R. S. Canby:
Second Lieutenant, Fifth Infantry, A. A. A. G.
. GENERAL ORDERS, i HDQRS. DEPARTMENT OF NEW MEXICO,
No. 27. Santa Fé, August 8, 1861.
include all the country south of, and including, Albuquerque—headquarters at the discretion of the commander—under the command of according to his brevet rank.
By order of Col. E. R. S. Canby : E: