Order Disapproving Death Sentence of Jose Maria Rivas

October 25, 1862.

Waiving the question of jurisdiction in the case, the sentence is not approved, because the accused is not shown to have been within our lines in disguise, or by false pretense, except by hearsay testimony; and because in his admission that he was a “Spy,” he may not have understood the technical term, and may have meant no more than that he was a scout of the enemy. He clearly is a prisoner of war. A. LINCOLN.

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