Background
In Missouri at the beginning of the Civil War, volunteer Unionist Home Guard regiments were formed with the blessing of Federal authorities to oppose neutralist Governor Claiborne Jackson's state militia and his intention to discourage Missouri enlistments into Federal service. Brigadier General Nathaniel Lyon was given authority by the War Department to organize the Home Guard on June 11, 1861.
By late 1861 most of the Home Guard regiments had been disbanded. They were replaced by a smaller Six-month Militia under state rather than Federal control. This too was disbanded in January 1862, to be replaced by the Missouri State Militia (almost entirely cavalry.)
Following the Battle of Pea Ridge, Arkansas and the resulting Confederate withdrawal from northern Arkansas, recruiters were dispatched throughout Missouri in an attempt to rebuild the Confederate forces. Pro-southern guerrillas aided the recruiters and often fought alongside them.
Guerrilla warfare plagued Missouri from the start of the conflict in Missouri, but intensified in early 1862 as the weather warmed. To combat the growing guerrilla menace, General Henry W. Halleck issued General Order Number 2 on March 13:
"Evidence has been received at these headquarters that Maj. Gen. Sterling Price has issued commissions or licenses to certain bandits in this State, authorizing them to raise "guerrilla forces," for the purpose of plunder and marauding. General Price ought to know that such a course is contrary to the rules of civilized warfare, and that every man who enlists in such an organization forfeits his life and becomes an outlaw. All persons are hereby warned that if they join any guerrilla band they will not, if captured, be treated as ordinary prisoners of war, but will be hung as robbers and murderers. Their lives shall atone for the barbarity of their general."
Confederate President Jefferson Davis responded on April 21, 1862 attempted to regulate guerrilla warfare by authorizing commissions for those forming bands of “partisan rangers,” who would follow the rules of war and eentually join the Confederate forces. Howeer, this was not recognized by the United States authorities. On May 29 Brigadier General John Schofield responded with General Order No. 18 to the Missouri State Militia which read in part:
"When caught in arms, engaged in their unlawful warfare, they will be shot down upon the spot."
Read more about this topic: Enrolled Missouri Militia
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