WAR DEPARTMENT,
ADJUTANT GENERAL'S OFFICE,
Washington, May 1, 1866.
General Orders No. 26:
Whereas some military commanders are embarrassed by doubts as to the operation of the proclamation of the President, dated the 2d day of April, 1866, upon trials by military courtsmartial and military offenses, to remove such doubts, it is ordered by the President that—
Hereafter, whenever offenses committed by civilians are to be tried where civil tribunals are in existence which can try them, their cases are not authorized to be, and will not be, brought before military courts-martial or commissions, but will be committed to the proper civil authorities. This order is not applicable to camp followers, as provided for under the 60th Article of War, or to contractors and others specified in section 16, act of July 17, 1862, and sections 1 and 2, act of March 2,1863. Persons and offenses cognizable by the Rules and Articles of War, and by the acts of Congress above cited, will continue to be tried and punished by military tribunals as prescribed by the Rules and Articles of War and acts of Congress, hereinafter cited, to wit;
Sixtieth of the Rules and Articles of War. All sutlers and retainers to the camp, and all persons whatsoever serving with the armies of the United States in the field, though not enlisted soldiers, are to be subject to orders according to the rules and discipline of war.
By order of the Secretary of War:
E. D. TOWNSEND,
Assistant Adjutant General.
