ith this condition of things from the
day he assumed command. His predecessor had struggled with it
without satisfactory results. It was, doubtless, impossible to do
more than diminish and restrain the evil, which was the most
annoying of the smaller troubles attending the anomalous
half-military and half-civil government of the department. Within
three weeks from his arrival in Cincinnati, Burnside was so
convinced of the widespread and multiform activity of the disloyal
element that he tried to subdue it by the publication of his famous
General Order No. 38. The reading of the order gives a fair idea of
the hostile influences he found at work, for of every class named by
him there were numerous examples.
[Footnote: The text of the order is as follows:

"General Orders.
No. 38.

HEADQUARTERS DEPARTMENT OF THE OHIO,
CINCINNATI, OHIO, April 13, 1863.

The commanding general publishes, for the information of all
concerned, that hereafter all persons found within our lines who
commit acts for the benefit of the enemies of our country, will be
tried as spies or traitors, and, if convicted, will suffer death.
This order includes the following classes of persons: Carriers of
secret mails; writers of letters sent by secret mails; secret
recruiting officers within the lines; persons who have entered into
an agreement to pass our lines for the purpose of joining the enemy;
persons found concealed within our lines, belonging to the service
of the enemy; and, in fact, all persons found improperly within our
lines who could give private information to the enemy; and all
persons within our lines who harbor, protect, conceal, feed, clothe,
or in any way aid the enemies of our country. The habit of declaring
sympathy for the enemy will not be allowed in this department.
Persons committing such offences will be at once arrested with a
view to being tried as above stated, or sent beyond our lines into
the lines of their friends. It must be distinctly understood that
treason, expressed or implied, will not be tolerated in this
department. All officers and soldiers are strictly charged with the
execution of this order,
By command of Major-General Burnside,
LEWIS RICHMOND,
Assistant Adjutant General."]

It was no doubt true that the Confederate authorities had constant
correspondence with people in the Northern States, and that
systematic means were used to pass information and contraband
merchandise through the lines. Quinin