TITLE: The war of the rebellion: a compilation of the official records of the Union and Confederate armies. / Series 2 - Volume 6 AUTHOR: United States. War Dept., John Sheldon Moody, Calvin Duvall Cowles, Frederick Caryton Ainsworth, Robert N. Scott, Henry Martyn Lazelle, George Breckenridge Davis, Leslie J. Perry, Joseph William Kirkley PUBLISHER: Govt. Print. Off., Washington, 1899 Page A Production Note Cornell University Library produced this volume to preserve the informational content of the deteriorated original. The best available copy of the original has been used to create this digital copy. It was scanned bitonally at 600 dots per inch resolution and compressed prior to storage using ITU Group 4 compression. Conversion of this material to digital files was supported by the Andrew W. Mellon Foundation. Digital file copyright by Cornell University Library 1995. This volume has been scanned as part of The Making of America Project, a cooperative endeavor undertaken to preserve and enhance access to historical material from the nineteenth century. Page B :%-4 Z v.4 / THE GiFT OF FRAGILEDO ciRCiiU~ ~Lv6cf Title Page Page R001 THE WAR OF THE REBELLION: A COMPILATION OF THE OFFICIAL RECORDS OF THE UNION AND CONFEDERATE ARMIES. PUBLISHED UNDER THE DIRECtiON OF The Hon. RUSSELL A. ALGER, Secretary of War, BY BRIG. GEN. FRED C. AINSWORTII, CHIEF OF THE RECORD AND PENSION OFFICE, WAR DEPARTMENT, AND MR. JOSEPH W. KIRKLEY. SERIES IlVOLUME VI. WASHINGTON: GOVERNMENT PRINTING OFFICE. 1899 Page R002 A Page R003 PRE FACE. The work of preparing the records of the war for public use was begun, under the resolution of Congress of May 19, 1864, by Col. E. D. Townsend, assistant adjutant-general, U. S. Army (then in charge of the Adjutant-Generals Office, and subsequently the Adjutant-General), who caused copies to be made of reports of battles on file in his office and steps to be taken to collect missing records. Under the provisions of joint resolution of July 27, 1866, Hon. Peter TI. Watson was appointed to supervise the preparation of the records and to formulate a plan for their publication, but he performed no service nnder this appointment, which expired July 27, 1868, by limi- tation. This resolution having also repealed the former one, the project was suspended for the time being. The first decisive step taken was the act of June 23, 1874, providing the necessary means to enable the Secretary of War to begin the publication of the Official Records of the War of the Rebellion, both of the Union and Confederate Armies, and directing him to have copied for the Public Printer all reports, letters, telegrams, and gen- eral orders, not heretofore copied or printed, and properly arranged in chronological order. Appropriations have been made from time to time for continuing such preparation. Under this act the preliminary work was resumed by General Townsend. Subsequently, under meager appropriations, it was prosecuted in a somewhat desultory manner by various subordinates of the War De- partment until December 14, 1877, when the Secretary of War, per. ceiving that the undertaking needed the undivided attention of a single head, detailed Capt. Robert N. Scott, Third U. S. Artillery (subse- quently major and lieutenant-colonel same regiment), to take charge of the office. The act of June 23, 1874, enlarged upon the first scheme of publica- tion. On this more comprehensive basis it was determined that the volumes should include not only the battle reports, correspondence, etc., in possession of the War Department, but also all official docu- ments that can be obtained by the compiler, and that appear to be of any historical value. Colonel Scott systematized the work and, upon his recommendation, the Secretary of War approved the following order of publication~: The first series will embrace the formal reports, both Union and Confederate, of the first seizures of United States property in the Southern States, and of all military operations in the field, with the correspondence, orders, and returns relating specially thereto, and, as propo8ed, is to be accompanied by an Atlas. II Page R004 Iv PREFACE. In this series the reports will be arranged according to the campaigns and several theaters of operations (in the chronological order of events), and the Union reports of any event will, as a rule, be immediately followed by the Confederate accounts. The correspondence, etc., not embraced in the reports proper will follow (first Union and next Confederate) in chronological order. The second series will contain the correspondence, orders, reports,, and returns, Union and Confederate, relating to prisoners of war, and (so far as the military authorities were concerned) to state or political prisoners. The third series will contain the correspondence, orders, reports, and returns of the Union authorities (embracing their correspondence with the Confederate offi- cials) not relating specially to the subjects of the first and second series. It will set forth the annual and special reports of the Secretary of War, of the General- in-Chief, and of the chiefs of the several staff corps and departments; the calls for troops, and the correspondence between the National and the several State authorities. The fourth series will exhibit the correspondence, orders, reports, and returns of the Confederate authorities, similar to that indicated for the Union officials, as of the third series, bnt excluding the correspondence between the iTnion and Confederate authorities given in that series. The first volume of the records was issued in the early fall of 1880. The act approved June 16, 1880, provided for the printing and bind- ing, under direction of the Secretary of War, of 10,000 copies of a com- pilation of the Official Records (Union and Confederate) of the War of the Rebellion, so far as the same may be ready for publication, during the fiscal year; and that of said number 7,000 copies shall be for the use of the House of Representatives, 2,000 copies for the use of the Senate, and 1,000 copies for the use of the Executive Departments. Under this act Colonel Scott proceeded to publish the first five volumes of the records: ~All subsequent volumes have been distributed under the act approved August 7, 1882, which provides that: The volumes of the Official Records of the Wa~r of the Rebellion shall be dis- tribnted as follows: One thousand copies to the Executive Departments, as now provided by law. One thousand copies for distribution by the Secretary of War among officers of the Army and contributors to the work. Eight thousand three hundred copies shall be sent by the Secretary of War to such libraries, organiza- tions, and individuals as may be designated by the Senators, Representatives, and Delegates of the Forty-seventh Congress. Each Senator shall designate not exceed- ing twenty-six, and each Representative and Delegate not exceeding twenty-one, of such addresses, and the volumes shall be sent thereto from time to time as they are published, until the publication is completed. Senators, Representatives, and Dele- gates shall inform the Secretary of War in each case how many volumes of those heretofore published they have forwarded to such addresses. The remaining copies of the eleven thousand to be published, and all sets that may not be ordered to be distributed as provided herein, shall be sold by the Secretary of War for cost of publication with ten per cent. added thereto, and the proceeds of such sale shall be covered into the Treasury. If two or more sets of said volumes are ordered to the same address, the Secretary of War shall inform the Senators, Representatives, or Delegates who have designated the same, who thereupon may designate other libraries, organizations, or individuals. The Secretary of War shall report to the first session of the Forty-eighth Congress what volumes of the series heretofore published have ~~ot been fornished to such libraries, organizations, nd individuals. He shall also inform distributees at whose instance the volumes are sent Page R005 PREFACE. V Colonel Scott died March 5, 1887. At his death some twenty-six books only had been issued, but lie had coml)iled a large amount of matter for forthcoming volumes; consequently his name as compiler was retained in all the books up to and including Vol. XXXVI, although his successors had added largely to his compilations from new material found after his demise. The Secretary of War, May 7, 1887, assigned Lient. Col. H. M. Lazelle, Twenty-third U. S. Infantry, to daty as the successor of Colonel Scott. He had continued in charge about two years, when, in the act approved March 2, 1889, it was I)rovided That hereafter the I)reparation and l)ublication of said records shall be conducted, under the Secretary of War, by a board of three persons, oie of whom shall be an officer of the Army, and two civilian experts, to be appointed by the Secretary of War, the compe risation of said civilian experts to be fixed by the Secretary of War. The Secretary of War appointed Maj. George B. Davis, judge-advo- cate, U. S. Army, as the military member, and Leslie J. Perry, of Kan- sas, and Joseph W. Kirkley, of Maryland, as the civilian expert mem- bers of said board. The board assumed direction of the publication at the commencement of the fiscal year 1889, its first work begiiining with Serial No. 36 of Vol. XXIV. July 1, 1895, by direction of the Secretary of War, Maj. George W. Davis, Eleventh U. S. Infantry (subsequently lieutenant-colonel, Four- teenth IT. S. Infantry), relieved Maj. George B. Davis as the military member and president of the Board of Publication. Subsequently CoL Fred C. Ainsworth, Chief of the Record and Pension Office, War Department, was appointed the military member and president of the board, relieving Lient. Col. George W. Davis June 1, 1898. December 1, 1898, under the provision of the sundry civil act of July 1, 1898, relative to the War Records Office, the Board of Publica- tion was dissolved, whereupon, by direction of the Secretary of War, the continuance of the work, beginning with Vol. VI, Series II, devolved on Colonel (now Brigadier-General) Ainsworth. Each volume includes a copious index, and for the further couven- ience of investigators there will be, in addition, a separate general index to the entire set. Nothing is printed in these volumes except duly authenticated con- temporaneous records of the war. The scope of the compilers work is to decide npon and arrange the matter to be published; to correct and verify the orthography of the papers used, and, wherever deemed neces- sary, to add a foot-note of explanation Page R006 Table of Contents Page R007 CONTENTS. Page. Correspondence, Orders, etc., from June 11, 1863, to March 31,1864 11130 V Page R008 I z ~ -~ -]OC3O~ ~n nun nnL~v n~i~~ ~ -~inC~ nut ~ ~~--~ , ~ , ~ ~ ~ ~ Wednesday. nnu~uut~uu~ t~-inu .-inuo~ n~t~ un-is n~-isi n~~ unut~v~ut~uui Thursday. uniIS .~mnunnCinnt~ ~iiniif niifi mci nnuCl~ nt~v~~l inc ~ t-it~u ~ ____ ___~~~ Saturday. K C ~ i-si-i . nni . ut-si--- . si~i- . nt-sl- . unIi--~ . ~-s~--i-~ . nnu -i--~ tst-sn tsni- . i-siu nutIS-- inun nunuts- ciint-5- ns-i -isin -- nut-si- unvui5.--inu -inun- us-iSi I--is-mu- nii-- nt-si i-i-ni--u nun . i-mi i-si-u . i-si-si- . ut-ti-- n-i--u . i-Si-si- Ii-5i-5i-- 5-Si-S- liSt-si i-51l-4 i-~t-~i-. Cit t-3i- liSt-I . i-St-SI ut-si-u nun - -mnun- unnul-- nut-is-- nun- nunulis- nut-Sn- u-is--i ~I~.-iCuIZIut-5i- ui.Snui-- unuts - - - tun i-st--si-- - ni-si-- - t-.su - s-st--si-- Wednesda~. ist-Sn - ut-sn t-.si-~-- ni-Sn - ut-sun - isi-sn niI-is--i- nunuts- nuisci utis-i t-.is-mnu- mnun- ut-ss.cui- cut- snun nunut--S ~--nu- uinun - - - nnn - - uunut-s- ~ i-~t-5n - i-~~i-i- - t-~i-i-- . si-s~ Thursday. ni-Si.Iuu isnu- inun- ui-Si-u1- nuiis-- cuil--i- nunsIc li-i liI...inu- i-niis-- ut-ifi unu - - - - - - t-Si-~ - - Friday. - nun - nun - nut-- - nnl- nunun- nut--is-- ni--isi- nunun- nut-Sn- unvci-~i-- if--mi-- mnunut-Si-ut- nunis-- nut.5Vc uisnut i-sun - us-u - uni-- - uun nut- uun - ni-n- - nut- - uun ~ ~~- unnut-. isinn: nun- nuncsu nuins-- uc..is-mnunuu nut--sn- mnun- nunun Saturday. Sunday. Monday. Tuesday Additions and Corrections Page A001 THE WAR OF THE REBELLION: A COMPILATION OY THE OFFICIAL IRECORDS OF THE UNION AND CONFEDERATE ARMIES. ADDITIONS AND CORRECTIONS TO SERIES IlVOLUME VI. (To he ji-iserted h-i the volume. For explanation see G-euera~ Index volume, Serial iNo. 130, page XXVIII.) PUBLISHED UNDER THE DIRECTION OF The Hon. ELIHU ROOT, Secretary of War, BY BRIG. GEN. FRED C. AINSWORTH, CHIEF OF THE RECORD, AND PENSION OFFICE, WAR DEPARTMENT, AND MR. JOSEPH W. KIRKLEY. Mr. JOHN S. MOOBEY, Indexer~ WASHINGTON: GOVERNMENT PRINTING OFFICE. 1902 Page A002 ADDITIONS AND CORRECTIONS. TEXT. Page 930. Eighteenth line, bottom, for Barringer read Barriger. Page 1091. Hoffman to Thomas, date line, for ~ read 24. INDEX. Insert all words and figures in italics and strike out all in [brackets]. Beciziol [Beebtal], Aaron. Bennett, Jacob C., 667 [Bennett, J. C., 667]. Bickham, F. H. Y. [Veatman]. Bolin, John F. Brosaaham [Brosenham], John. Clark, Edward [Mr.], 133. Forrester, XVilliam. Statement, case of S. McKee, 752 [753]. Goodmaa [Goodwin], Charles. Hoffman, William. Correspondence: Plisbury [Pillsbury], A. Joice [Joyce], Michael. Marshall, Humphrey, [Mr.], i~, 431 [Marshall, Humphrey, Brig. Gen., 19, 431]. Moore, John C., A. A. G., 73. Moore, John C., Brig. Gen., [i7~]. Myrtle Street Prison, Mo. Trade with sutlers, 1014, 1015. Nace, Robed F., [1014, ioi~]. Parker, William H. Pilsizury [Pillsbury], Amos. Remey [Remer], George C. Sanderlin, Willis B. Segar, Joseph [El. Stamps, Isaac [J.] D. Stockton, Richard [Mr.]. Subsistence Department, C. S. A. Iavest~gatioa offood supply, prisoners of war, 751, 821, Sss, 950952, 964, 1020. United States Regulars. CavalryRegiments: [15th, 6S9.] Infant ryRegizacats: z~th, 689. Wild, Edward A. Correspondence: Sanderlin, XV. B. Yazoo City [Riven, Miss. Page 1 SEIIRIES 11.VOLUME VI. CORRESPONDENCE, ORDERS, ETC., RELATING TO PRISON ERS OF WAR AND STATE FROM JUNE 11, 1863, TO MARCH 31, 1864. UNION AND CONFEDERATE CORRESPONDENCE, ETC. WAu DEPARTMENT, Washington, June 11, 1863. Hon. EDWARD BATES, Attorney- General, Washington, D. 0.: SIR: I have the honor to transmit herewith papers* concerning Capt. William Gramm and Lient. Isaac A. Wade, Eighth Virginia Volunteers, who are confined in the Richmond penitentiary as hostages for Daniel Dusky and Jacob Varner, who were tried by a U. S. court in Western Virginia and sentenced to imprisonment for robbing a post-office, and to request that you will submit the cases of these last-named men to the President with a view to their being pardoned by him as a necessary preliminary to their being exchanged for Captain Gramm and Lieutenant Wade. Very respectfully, sir, your obedient servant, EDWIN M. STANTON, Secretary of War. JIJDOE-ADYOCATE-GENERALS OFFICE Washington, June 11, 1863. Hon. E. M. STANTON, Secretary of War: SIR: In the matter of the request made through Robert Ould, Con- federate agent for exchange of prisoners, to have sundry parties (now treated as felons by the State of Indiana) regarded and exchanged as prisoners of war, I have the honor to report as follows, ii~ compliance with your indorsement of reference of the 16th ultimo: The parties in question are two lieutenants and thirteen privates, & c., in the company of one Captain Hall, of Col. Adam Johnsons regiment of partisan rangers. They constitnted part of a force which crossed the river from Kentucky into Indiana about November 1 last, for the pur- pose, as is alleged, of securing a hostage for a rebel surgeon who had been previously captured or detained by our forces. During this expedition a number of horses were taken. Shortly afterward the men iu question were captured by our forces or by an organized party from Indiana and lodged in prison and placed under indictment for horse stealing. It is now urged on the part of the rebel authorities that these men should be exchanged as prisoners of war and released from their confinement as ~ Probably Ludlow to Hoffman May 14, 1863, with indorsements, Vol. Y, this series, p. 610. (1) 1 R RSERIES II, VOL V Page 2 2 PRISONERS OF WAR AND STATE, ETC. criminals. In answer to this demand it is to be said in the first place that it is by no means clearly made out that these parties are officers and men of the rebel army and therefore proper subjects for exchange. It is not shown under what command this regiment was, in what brigade, division, or part of the rebel army, nor whether it has been stationed for any purpose in the part of Kentucky where its operations were carried on. The enemy has no post or garrison in that region and no regular force. The party which crossed into Indiana seems to have been acting independently, carrying on a border warfare or making a raid as fron- tiersmen. The very name of the regiment to which the company in question is alleged to have belonged, Colonel Johnsons partisan rangers, discloses the probable character of these troops and seems to fix their character as guerrillas or bushwhackers. Jt does not appear that these n,en were regularly mustered into the service of the enemy (as supposed by Colonel Ludlow), but only that they had been sworn in. But whether this formality was anything more than the administering of an oath or pledge to them as guerrillas or independent partisans is not made evident. Whether these men therefore should be regarded as en gaged in regular warfare as officers and soldiers of the enemys army is extremely ques- tionable. Moreover it is not deemed advisable that the jurisdiction which the State of Indiana has assumed to exercise over these parties should be interfered with under the circumstances. The authorities of that State have had the best opportunity to determine the character of these men and their purposes, both of which were probably notorious along the border. They have known them as citizens of a loyal State, yet as operating themselves in the rebel interest or more probably as taking advantage of the existing hostilities to engage in raids on their own account and independently of any organized army in the field. With this knowledge the authorities of Indiana, who must also be pre. sumed to have arrested these men with good grounds for believing that they had committed the crime in question, have confined and indicted the parties as felons. This action has been with them a measure of police regulation as well as a proceeding under laxv and statute, and it should not be interfered with except upon the strongest grounds of public or military policy. If the State of Indiana had been invaded by a regularly constituted army of the enemy, and afterward during the war her civil authorities had succeeded in arresting any rebel soldiers known to have taken and converted private property during the inva- sion, and had proceeded against them as for a felony, their acts would doubtless have been sanctioned by the non-interference of military authority. But in the present case the reasons for such non-interference are still more grave and cogent. If the parties in 4uestion can prove by legal testimony that they are officers or soldiers of the Confederate army and that the acts for which they are indicted were committed under the orders or sanction of superior officers of that army, such proof will operate as a good defense upon their trial and the validity of such a defense can be determined far more satisfactorily in the neighborhood where the offense was committed and by testimony given under oath before a formal tribunal, than upon the loose and irresponsible state- ments of enemies, which now constitute the only data in the case. Respectfully submitted. HOLT, judgeAdvocate- Generat. List of prisoners referred to.* Omitte4 Page 3 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 3 INDIANAPoLiS, June 11, 1863. Colonel HOFFMAN, Commissary- General of Prisoners: Considering the state of things in Indiana and the small force at this place being required at other points, together with some signs of an attempted co-operation with traitors outside, it is highly impolitic that the rebel prisoners should remain here. Where shall I scud them l 0. 13. WILLUOX, Brigadier- General. OFFICE COMMISSARY-GENERAL OF PRISONERS, Brig. Gen. 0. B. WILLCOX, Washington, D. C., Jane 11, 1~SG3. Commanding, Indianapolis, md.: GENERAL: I have this moment received your telegram of this date requesting that the rebel prisoners might be remove(l from Camp Mor- ton and I have replied to send them to Fort Delaware; but if General Grant is as successful as we hope he will belt will probably be neces- sary again to send his prisoners to Camp Morton, and I hope you will be able in the meantime to make such arrangements for their security as will enable you to hold them without inconvenience. The accommo- dations for prisoners at Camp Morton are not good so far as their safe- keeping is concerned, but they are about as good as at other camps, and as altogether they will not hold more thaii 12,000 to 15,000, it will hardly be possible to dispense with Camp Morton. The men of Streights brigade are exchanged, partly with a view to furnish guards for prisoners. Very respectfully, your obedient servant HOFFMAN, Colonel Third infantry and Commissary- General of Prisoners. INDIANAPOLIS, June 11, 1868. Col. W. HOFFMAN: Prisoners had been started for Camp Chase before the receipt of your dispatch, but I have telegraphed General Mason to forward theiii to Fort Delaware. The rolls will be sent direct to Fort Delaware and one copy to you. Respectfully, Q 13. WILLCOX. OFFICE COMMISSARY-GENERAL OF PRISONERS, Brig. Gen. ~. A. HAMMOND, - Washington, D. C., June 11, 1863. Surgeon- General U. S. Army, Washington, D. C.: GENERAL: I have the honor to inform you that the Quartermaster- General has to-day given instructions for the erection at Fort Columbus of a hospital for the use of prisoners of war, calculated to accommodate as many sick as will probably be found among 8,00P to 10 000 prisoners. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. Dispateli omitted Page 4 4 PRISONERS OF WAR AND STATE, ETC. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., June 11, 1863. Capt. JOSEPTI A. POTTER, Assistant Quartermaster, Chicago, Ill.: CAPTAIN: The Quartermaster-General has directed the system of sewerage recommended for Camp Douglas last year to be constructed and you have probably already received his instructions. The plan referred to is one prepared by one of the city engineers and submitted to me. You no doubt remember the gentlemans name, but perhaps you have some record of his claim for making the plan which was not allowed. I recall these items to your mind to assist if possible in recovering the paper, as I have been urging for some time past that something should be done to improve the sanitary condition of the camp, and this system of sewerage is the only one that can be adopted with any hope of success. I am, very truly, ~. HOFFMAN, Colonel Third Jnfawtry and Commissary- General of Prisoners. EXECUTIVE MANSION, Washington, June 12, 1863. Hon. ERASTUS CORNING, and others: GENTLEMEN: Your letter of May 19,* inclosing the resolutions of a public meeting held at Albany, N. Y., on the 16th of the same month, was received several days ago. The resolutions as I understand them are resolvable into two propo- sitionsfirst, the expression of a purpose to sustain the cause of the Union, to secure peace through victory, and to support the Administra- tion in every constitutional and lawful measure to suppress the rebel- lion; and secondly, a declaration of censure upon the Administration for supposed unconstitutional action, such as the making of military arrests. And from the two propositions a third ls deduced, which is that the gen- tlemen composing the meeting are resolved on doing their part to maintain our common Government and country despite the folly or wickedness, as they may conceive, of any Administration. This position is eminently patriotic, and as such II thank the meeting and congratulate the nation for it. My own purpose is the same; so that the meeting and myself have a common object, and can have no difference except in the choice of means or measures for effecting that object. And here I ought to close this paper and would close it if there was no apprehension that more injurious consequences than any merely personal to myself might follow the censures systematically cast upon me for doing what in my view of duty I could not forbear. The reso- lutions promise to support me in every constitutional and lawful meas- ure to suppress the rebellion, and I have not knowingly employed nor shall I knowingly employ any other. But the meeting by their resolu- tions assert and argue that certain military arrests and proceedings fol- lowing them for which I am ultimately responsible are unconstitutional. I think they are not. The resolutions quote from the Constitution the definition of treason, and also the limiting safeguards and guarantees therein provided for the citizen on trials of treason, and on his being held to answer for capital or otherwise infamous crimes, and in criminal prose- cutions his right to a speedy and public trial by an impartial jury. ~ See Vol. V, this series, p. 654 Page 5 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 5 They proceed to resolve that these safeguards of the rights of the citizen against the pretensions of arbitrary power were intended more especially for his protection in times of civil commotion. And appar- ently to demonstrate the proposition the resolutions proceed: They were secured substantially to the English people after years of protracted civil war, and were adopted into onr Constitution at the close of the Revolution. Would not the demonstration have been better if it could have been truly said that these safeguards had been adopted and applied during the civil wars and during our Revolution instead of after the one and at the close of the other0? I, too, am devotedly for them after civil war and before civil war and at all times, except when in cases of rebellion or invasiou the public safety may require their suspension. The resolutions proceed to tell us that these safeguards have stood the test of seventy-six years of trial under our republican system under circumstances which show that while they constitute the foundation of all free government they are the elements of the enduring stability of the Republic. No one denies that they have so stood the test up to the beginning of the present rebellion if we except a certain occurrence at New Orleans, nor does any one question that they will stand the same test much longer after the rebellion closes. But these provisions of the Constitution have no application to the case we have in hand, because the arrests complained of were not made for treasonthat is, not for the treason defined in the Constitution, and upon the conviction of which the punishment is deathnor yet were they made to hold per- sons to answer for any capital or otherwise infamous crimes, nor were the proceedings following in any constitutional or legal sense crimi- nal prosecutions. The arrests were made on totally different grounds and the proceedings following accorded with the grounds of the arrests. Let us consider the real case with which we are dealing and apply it to the parts of the Constitution plainly made for such cases. Prior to my installation here it had been inculcated that any State had a lawful right to secede from the National Union, and that it would be expedient to exercise the right whenever the devotees of the doctrine should fail to elect a President to their own liking. I was elected con- trary to their liking, and accordingly so far as it was legally possible they had taken seven States out of the Union, had seized many of the U. S. forts, and had fired upon the U. S. flag, all before I was inaugu- rated, and of course before I had done any official act whatever. The rebellion thus begun soon ran into the present civil war, and in certain respects it began on very unequal terms between the parties. The insurgents had been preparing for it for more than thirtyyears, while the Government had taken no steps to resist them. The former had carefully considered all the means which could be turned to their account. It undoubtedly was a well-pondered reliance with them that in their own unrestricted efforts to destroy Union, Constitution, and law all together the Government would in great degree be restrained by the same Constitution and law from arresting their progress. Their sympathizers pervaded all departments of the Government and nearly all communities of the people. From this material, under cover of liberty of speech, liberty of the press and habeas corpus, they hoped to keep on foot amongst ns a most efficient corps of spies, informers, suppliers, and aiders and abettors of their cause in a thou- sand ways. They knew that in times such as they were inaugurating by the Constitution itself the habeas corpus might be suspended, but they also knew that they had friends who would make a question as to who was to suspend it, meanwhile their spies and others might remai Page 6 6 PRISONERS OF WAR AND STATE, ETC. at large to help on their cause. Or if as has happened the Executive should suspend the writ without ruinous waste of time instances of arresting innocent persons might occur, as are always likely to occur in such cases, and then a clamor could be raised in regard to this which might be at least of some service to the insurgent cause. It needed no very keen perception to discover this part of the ene- mys programme so soon as by open hostilities their machinery was fairly put in motion. Yet thoroughly imbued with a reverence for the guaranteed rights of individuals I was slow to adopt the strong incas- nres which by degrees I have been forced to regard as bein-g within the exceptions of the Constitution and as indispensable to the public safety. Nothing is better known to history than that courts of justice are utterly incompetent to such cases. Civil courts are organized chiefly for the trials of individuals, or at most a few iudividuals acting in concert, and this in quiet times and on charges of crimes well defined in the law. Even in times of peace bands of horse-thieves and robbers frequently grow too numerous and powerful for ordinary courts of justice. But what comparison in numbers have such bands ever borne to the insurgent sympathizers even in many of the loyal States l Again a jury frequently has at least one member iiiore ready to hang the panel than to hang the traitor. And yet again he who dissuades one man from volunteering or induces one soldier to desert weakens the Union cause as much as he who kills a Union soldier in battle. Yet this dissuasion or inducement may be so conducted as to bo no defined crime of which any civil court would take cognizance. Ours is a case of rebellionso-called by the resolutions before me; in fact a clear, flagrant, and gigantic case of rebellion; and th epro- vision of the Constitution that the privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it is the provision which specially applies to our present case. This provision plainly attests the understanding of those who made the Constitution that ordinary courts ofjustice are inadequate to cases of rebellionattests their purpose that in such cases men may be held in custody whom the courts acting under ordinary rules would discharge. habeas corpus does not discharge men who are proved to be guility of defined crime, and its suspension is allowed by the Constitution on purpose that men may be arrested and held who cannot be proved to be guilty of defined crime, when in cases of rebellion or invasion the public safety may require it. This is precisely our present casea case of rebellion, wherein the public safety does require the suspension. Indeed arrests by process of courts and arrests in cases of rebellion do not proceed altogether npon the same basis. The former is directed at the small percentage of ordinary and continuous perpetration of crime, while the latter is directed at sudden and extensive uprisings against the Govern- ment, which at most will succeed or fail in no great length of time. In the latter case arrests are made not so much for what has been done as for what probably would be done. The latter is more for the pre- ventive and less for the vindictive than the former. In such cases the purposes of men are much more easily understood than in cases of ordinary crime. The man who stands by and says nothing when the peril of his Government is discussed cannot be misunderstood. If not hindered he is sure to help the enemy; much more, if lie talks ambig- nonslytaiks for his country with buts and ifs and ~ Of how little value the constitutional provisions I have quoted will be rendered if arrests shall never be made until defined crimes shal Page 7 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 7 have been committed may be illustrated by a few notable examples. General John C. Breckinridge, General Robert B. Lee, General Joseph B. Johnston, General John B. Magruder, General William Preston, General Simon B. Buckner, and Commodore Franklin Buchanan, now occupying the very highest places in the rebel war service, were all within the power of the Government since the rebellion began and were nearly as well known to be traitors then as now. Unquestionably if we had seized and held them the insurgent cause would be much weaker. But no one of them had then committed any crime defined in the law. Every one of them if arrested would have beeii discharged on habeas corpus were the writ allowed to operate. In view of these and similar cases I think the time not unlikely to come when I shall be blamed for having made too few arrests rather than too many. By the third resolution the meeting indicates their opinion that military arrests may be constitutional in localities where rebellion actually exists, but that such arrests are unconstitutional iii localities where rebellion or insurrection does not actually exist. They insist that such arrests shall not be made outside of the lines of necessary military occupation and the scenes of insurrection. Inasmuch, how- ever, as the Constitution itself makes no such distinction I am unable to believe that there is any such constitutional distinction. I concede that the class of arrests complained of can be constitutional only when in cases of rebellion or invasion the public safety may require them, and I insist that in such cases they are constitutional wherever the public safety requires them, as well in places to which they may pre- vent the rebellion extending as in those where it may be already pre- vailing; as well where they may restrain mischievous interference with the raising and snpplying of armies to suppress the rebellion as where the rebellion may actually be; as well where they may restrain the enticing men out of the army as where they would prevent mutiny in the army; equally constitutional at all places where they will con- duce to the public safety as against the dangers of rebellion or invasion. Take the peculiar case mentioned by the meeting. It is asserted in substance that Mr. Yallandigham was by a military commander seized and tried for no other reason than words addressed to a public meet- ing in criticism of the course of the Administration and in condemnation of the military orders of the general. Now if there be no mistake about this, if this assertion is the truth and the whole truth, if there was no other reason for the arrest, then I concede that the arrest was wrong. But the arrest as I understand was made for a very different reason. Mr. Vallandigham avows his hostility to the, war on the part of the Union, and his arrest was made becatise he was laboring with some effect to prevent the raising of troops, to encourage deser- tions from the army, and to leave the rebellion without an adequate military force to suppress it. He was not arrested because he was damaging the political prospects of the Administration or the personal interests of the commanding general, but because he was damaging the army upon the existence and vigor of which the life of the nation depends. He was warring upon the military and this gave the military constitutional jurisdiction to lay hands upon him. If Mr. Yallaiudig- ham was not damaging the military power of the country then his arrest was made on mistake of fact which I would be glad to correct on reasonably satisfactory evidence. I understand the meeting whose resolutions I am considering to be in favor of suppressing the rebellion by military forceby armies. Long experience has shown that armies cannot be maintained unles Page 8 8 PRISONERS OF WAR AND STATE, ETC. desertion shall be punished by the severe penalty of death. The case requires an(I the law and the Constitution sanction this punishment. Must I shoot a simple-minded soldier boy who deserts while I must not touch a hair of a wily agitator who induces him to desert l This is none the less injurious when effected by getting a father or brother or friend into a public meeting and there working npon his feelings till he is persuaded to write to the soldier boy that he is fighting in a bad cause, for the wicked Administration of a contemptible Government, too weak to arrest and punish him if he shall desert. I think that in such a case to silence the agitator and save the boy is not only consti- tutional but withal a great mercy. If I be wrong on this question of constitutional power my error lies in believing that certain proceedings are constitutional when in cases of rebellion or invasion the public safety requires them, which would not be constitutional when in the absence of rebellion or invasion the public safety does not require them; in other words, that the Constitu- tion is not in its application in all respects the same in cases of rebellion or invasion involving the public safety, as it is in times of profound peace and public security. The Constitution itself makes the distinc- tion, and I can no more be persuaded that the Government can consti- tutionally take no strong measures in time of rebellion because it can be shown that the same could not be lawfully taken in time of peace than I can be persuaded that a particular drug is not a good medicine for a sick man because it can be shown to not be goad food for a well one. Nor am I able to appreciate the danger apprehended by the meeting that the American people will by means of military arrests during the rebellion lose the right of public discussion, the liberty of speech and the press, the law of evidence, trial by jury, and habeas corpus through- out the indefinite peaceful future which I trust lies before them any more than I am able to believe that a man could contract so strong an appetite for emetics during temporary illness as to persist in feeding upon them during the remainder of his healthful life. In giving the resolutions that earnest consideration which you request of me I cannot overlook the fact that the meeting speaks as Demo- crats. Nor can I with full respect for their known intelligence and the fairly presumed deliberation with which they prepared their resolu. tions be permitted to suppose that this occurred by accident, or in any way other than that they preferred to designate themselves Demo. crats rather than American citizens. In this time of national peril I would have preferred to meet you on a level, one step higher than any party platform, because I am sure that from sWch more elevated position we could do better battle for the country we all love than we possibly can from those lower ones where, from the force of habit, the prejudices of the past, and selfish hopes of the future we are sure to expend much of our ingenuity and strength in finding fault with and aiming blows at each other. But since you have denied me this I will yet be thankful for the country~s sake that not all Democrats have done so. He on whose discretionary judgment Mr. Yallandigham was arrested and tried is a Democrat having no old party affinity with me; and the judge who rejected the constitutional views expressed in these resolu- tions by refusing to discharge Mr. Yallandigham on habeas corpus is a Democrat of better days than these, having received his judicial mantle at the hands of President Jackson. And still more, of all these Demo- crats who are nobly exposing their lives and shedding their blood on the battle-field I have learned that many approve the course taken with Mr. Yallandigham, while I have not heard of a single one condemning it. I cannot assert that there are none such Page 9 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 9 And the name of President Jackson recalls an instance of pertinent history. After the battle of New Orleans and while the fact that the treaty of peace had been concluded was well known in the city, but before official knowledge of it had arrived, General Jackson still main- tained martial or military law. Now that it could be said the war was over the clamor against martial law which had existed from the very first grew more furious. Among other things a Mr. Lonaillier published a denunciatory newspaper article. General Jackson arrested him. A lawyer by the name of Morel procured the U. S. judge (Hall) to order a writ of habeas corpus to relieve Mr. Louaillier. General Jackson arrested both the lawyer and the judge. A Mr. Hollander ventured to say of some part of the matter that it was a dirty trick. General Jackson arrested him. When the officer undertook to serve the writ of habeas corpus General Jackson took it from him and sent him away with a copy. Holding the judge in custody a few days the general sent him beyond the limits of his encampment and set him at liberty with an order to remain till the ratification of peace should be regu- larly announced or until the British should have left the southern coast. A day or two more elapsed, the ratification of the treaty of peace was regularly announced, and the judge and the others were fully liberated. A few days more and the judge called General Jackson into court and fined him $1,000 for having arrested him and the others named. The general paid the fine, and there the matter rested for nearly thirty years, when Congress refunded principal and interest. The late Senator Douglas, then in the House of iRepresentatives, took a leading part in the debates in which the constitutional question was much discussed. I am not prepared to show who the journals would show voted for the measure. It may be remarked: First, that we had the same Constitution then as now; secondly, that we then had a case of invasion, and now we have a case of rebellion~ and, thirdly, that the permanent right of the people to public discussioii, the liberty of speech and of the press, the trial by jury, the law of evidence and the habeas corpus suffered no detriment whatever by that conduct of General Jackson or its subse- quent approval by the American Congress. And yet let me say that in my own discretion I do not know whether I would have ordered the arrest of Mr. Yallandigham. While I cannot shift the responsibility from myself I hold that as a general rule the commander in the field is the better judge of the necessity in any par. ticular case. Of course I must practice a general directory and revisory power in the matter. One of the resolutions expressed the opinion of the ~meeting that arbitrary arrests will have the effect to divide and distract those who should be united in suppressing the rebellion and I am specifically called on to discharge Mr. Vallandigham. I regard this as at least a fair appeal to me on the expediency of exercising a constitutional power which I think exists. In response to such appeal I have to say it gave me pain when I learned that Mr. Yallandigham had been arrestedthat is, I was pained that there should have seemed to be a necessity for arresting himand that it will afford me great pleasure to discharge him as soon as I can by any means believe the public safety will not suffer by it. I further say that as the war progresses it appears to me opinion and action which were in great confusion at first take shape and fall into more regular channels so that the necessity for strong dealing with them gradually decreases. I have every reason to desire that it should cease altogether, and far from the least is my regard for th Page 10 10 PRISONERS OF WAR AND STATE, ETC. opinions and wishes of those who, like the meeting at Albany, declare their purpose to sustain the Government in every constitutional and lawful measure to suppress the rebellion. Still I rnnst continue to do so much as may seem to be required by the public safety. A. LINCOLN. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., June 12, 1863. NATHANIEL WILSON, Esq., Assistant District Attorney, Washington, D. C.: SIR: I am informed through the Navy Department that $175 in gold, U. S. notes, and Southelil money taken from the Rev. J. P. B. Wilmer at the time of his arrest was placed in your hands by Commodore liar- wood, U. S. Navy. You are aware that Reverend Mr. Wilmer was recently released and sent to Richmond. He now asks for the return of this money to him as his private property, and if it is consistent with what is proper in such cases to grant his request I respectfully desire that you will inclose the money to me to be forwarded through Lieuten- ant-Colonel Ludlow, a gent for exchange of prisoners. It is usual to take from all prisoners any money in their possession at the time of their being placed in confinement and to return it to them when released, unless the amount is such as to show that it was intended for other than private uses. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary-General of Prisoners. HEADQUARTERS MILITARY COMMANDER, Wheeling, W. Va., June 12, 1863. Hon. F. H. PEIRPOINT, Governor of Virginia: SIR: During the excitement attending the late raid I shipped all the prisoners then in the Atheneum to Camp Chase. Among them were the hostages for Trahern, from Barbour County. They petition to be returned to Wheeling as their health is not so good at Camp Chase, one of the number, Samuel Elliott, having lately died. Shall I send for them~ Very respectfully, JOS. DARR, JR., Major and Military Commander. [Indorsemeut.] I have no objection. There are two or three of them that may go home now; we have better hostages. Dont tell them this until I see who they are. F.H.P. OFFICE COMMISSARY.GENERAL OF PRISONERS, Washington, D. C., June 12, 1863. Lient. Col. W. H. LUDLOW, Agent for Exchange of Prisoners, Port Monroe, Va.: COLONEL: Your letter of the 10th is received.* Of course we are bound only by what you agree to, and that is why I wish to receive * See Vol. V, this series, p. 771 Page 11 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 11 Mr. Oulds declaration with your comments on it that I may know what prisoners 1)aroled or held by us have been exchanged. if the Conthd- erate War Department has published a false declaration, one which is not in accordance with your understanding with Mr. Ould, it is a breach of the cartel which I think requires your immediate iiotice. The declaration which I saw was in the hands of Mr. Burgett, who claimed that by it he was exchanged. As I remember its bearings it assumes what they have so long been striving to accomplish, viz, that the Gov- ernment recognizes that citizens may renounce their allegiance to the United States and transfer it to the rebel Confederacy, and if their position is not contradicted they will assert that our silence gives authority to their assumption. Please send me a copy of Mr. Oulds declaration with your corrections. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. RICHMOND, VA., June 12, 1863. Lient. Col. W. II. LUDLOW, Agent of Exchange: SIR: 1 inclose to you the resolution of Congress in relation to retalia- tion.* I thought you had seen it in the papers transmitted to you otherwise I would have sent it. I take it for granted that the Coiffed- erate authorities propose to carry out a resolution solemnly passed by them. I have not asked them whether they intend to do so and I do not think I will ever be so inconsiderate as to make any such inquiry. I have thus frankly given my view as to this matter, and I beg leave to ask you in return whether it is the purpose of your Government to execute its conscription act, and further how many men will be raised under its provisions~ I feel so deep a personal interest in that subject that I hope I have not transgressed any propriety in propounding the inquiry after the example you have set me. Respectfully, your obedient servant, RO. OULD, Agent for Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., June 12, 1863. Lient. Col. WILLIAM II. LUDLOW, Agent of Exchange: SIR: You are mistaken in supposing that my proposition to have the releases from paroles and oaths cover other than parties delivered at City Point was made after I had published Notice No. 5. It was made before that date (May 11) and after a full and deliberate discus- sion between us. You hesitated at first, but when I assured you it only extended to cases of parties who were allowed to leave your territory and come to us whether by City Point or otherwise, you assented to it in distinct and unequivocal terms. The same provision in principle was incorporated in Exchange Notice No. 4, January 13, 18G3. You recognized the same principle in numerous exchanges made after that date and before May 11, 1863. I have now given the notice in good faith. You can stop its appli- cation after May 6 if you choose to do so. I cannot agree that you shall nullify the notice already given. All persons embraced in it are See Vol. V, this series, p. 940 Page 12 12 PRISONERS OF WAR AND STATE, ETC. entirely free from any obligations made by them. It was so distinctly agreed npon between us that there can be no mistake about it. Noth- ing will make me consent that such men shall be put under any ban or disability by reason of any action of theirs performed on the faith of this notice. You can have your veto as to the fnture but not as to the p~tst. If any penalties are visited upon them it becomes the solemn duty of the Confederate Government to throw every protection in its power around them. I am sure it will do so. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENTq Richmond, Va., June 12, 1863. Lient. Col. WILLIAM H. LUDLOW, Agent of Exchange: SIR: I herewith inclose to you a copy of General Orders, No. 11, in the case of Captain Webster.* It is true it is not printed, but yet it is of equal value with your General Orders, No. 54.t The printed copies have become exhausted save one which is now kept in the proper department. As you only send me a copy of your general order when I asked for the record I take it for granted you mean the general order when you demand the record. I do not know, how ever, that it was necessary for you to send the record, as the general order confirms everything in relation to the charge against the unfortunate man, which I have heretofore stated in my communications to you. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. RICHMOND, VA., June 12, 1863 Lient. Col. WILLIAM II. LUDLOW, Agent of Exchange: SIR: I will make every endeavor to have full and accurate lists made of your dead. I hope to send such lists to you in a short time. I am obliged to you for the lists you have sent me. It enables me to answer many mournful inquiries. Respectfully, your obedient servant, HO. OULD, Agent of Exchange. RICHMOND, VA., June 12, 1863. Lient. Col. WILLIAM II. LUDLOW, Agent of Exchange: SIR: I~ will be very much obliged to you if you will look over my letters of the 5th instantj and answer the inquiries made therein. I believe you have answered only onethat in relation to the delivery of exchanged officers. There are others of equal import to which I would like to have your response. Respectfully, your obedient servant, HO. OULD, Agent of Exchange. * Not found. t Of the Department of the Ohio. Embodied in War Department, A. G. 0., G. 0., No. 114, Vol. V, this series, p. 556. ~ See Vol. V, this series, p. 744 Page 13 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 13 CONFEDERATE STATES OF AMERIcA, WAR DEPARTMENT, Richmond, 17a., June 12, 1863. Lieut. Col. WILLIAM II. LUDLOW, Agent of Exchange: SIR: Doctor Rucker is prosecuted by the State of Virginia for offenses against her laws for which he had no warrant in your own military law to commit. If you have any officer of the Confederate States in any such position, even though he may have been declared exchanged by our general agreements, I cannot complain of his retention. With this proper limitation extending to only one case I am ready at any moment to deliver you every officer or man whom we have declared exchanged. I do not believe there are any such in our prisons. Ii have, however, caused diligent search to be made, and if any such are discovered they will be promptly delivered to you. I hope, therefore, you will have all our exchanged officers and men sent to City Point immediately. You will find there any of the same class whom I can discover. I will be thankful to you for any names which you may be able to furnish. Spencer Kelloggs case is already under inquiry. With the limitation as to Doctor IRucker I am entirely agreed to release unconditionally all surgeons. I agree with you that the cause of humanity demands it unless, indeed, it is shown that the surgeon has committed offenses which prove him to be a savage and a beast. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. GENERAL ORDERS, HDQRS. DEPARTMENT OF THE OHIO, No. 99. Cincinnati, Ohio, June 12, 1863. I. In accordance with instructions from the War Department all rebel officers prisoners in this department will be sent immediately under proper guard by the commanding officer having them in charge to Johnsons Island, near Sandusky, Ohio, where they will be strictly confined. The quartermasters department will provide the necessary transportation, including transportation for returu of guard. * * * * * * * By command of Major-General Burnside: LEWIS RICHMOND, Assistant Adjutant- General. SPRINGFIELD, ILL., June 13, 1863. A. LINCOLN, President: Stand firm in the Yallandigham case. The country will sustain you. WM. BUTLER. RICHD. YATES. 0. M. HATCH. JESSE K. DUBOIS. HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, June 13, 1863. Col. W. HOFFMAN, Commissary- General of Prisoners: COLONEL: I have the honor to acknowledge the receipt of your com- munication of the 9th instant,* and beg leave to reply that the order See Vol. V, this series, p. 766 Page 14 14 PRISONERS OF WAR AND STATE, ETC. spoken of was issued without a knowledge of the circular from your office and has since been rescinded. Very respectfully, your obedient servant, J. M. SCHOFIELD, Major- General. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. 0., June 13, 1863. Hon. EDWIN M. STANTON, Secretary of War: SIR: I have the honor to inclose herewith a list* of prisoners of war at the Old Capitol who are desirous of being released on taking the oath of allegiance. Many of these men had expressed the desire to take the oath of allegiance before the recent order prohibiting the discharge of prisoners on such terms, and as it appears by this means brought upon themselves the enmity of other rebel prisoners which would per- haps jeopardize their lives if they should now be delivered for exchange with those prisoners. Under the circumstances I would respectfully recommend that they be sent to Philadelphia to be released on taking the oath of allegiance, with the further condition that they will not return south of Philadelphia during the war unless in the service of the United States. Very respectfully, yonr obedient servant, W. HOFFMAN, Colonel Third Thfantry and Commissary. General of Prisoners. [Indorsement.] WAR DEPARTMENT, June 18, 1863. Approved. By order of the Secretary of War: ED. H. S. CAINBY, Brigadier- General. INSPECTOR-GENERALS OFFICE, June 13, 1863. Lient. Col. ALFRED ROMAN, Inspector-General: COLONEL: In accordance with your instructions I yesterday visited the jail. I made examination into the condition of the prisoners, and as usual received from many of them the most urgent appeals to lay their cases before the higher authorities. Before efltering into these particulars I deem it my duty to make some general remarks in regard to the administration of this establishment. It appears to me that the organization is defective; that there is a lack of discipline and of regu- larity, and that altogether the jail is not well conducted. This is doubtless partly owing to the small staff of jail officers. Mr. Milligan, the jailor, informs me that he is the only white person there, and it strikes me that it is impossible for one man to look properly after 100 prisoners. I believe this Mr. Milligan to be a kind man toward the prisoners, but with the best intentions I do not see how he can do justice to all. I notice that there is 110 division among the different classes of pris- oners, except a few under sentence of death, who are separately con- fined. Confederates and Federals associate and converse promiscuously * Omitted Page 15 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 15 together in the wards. The villain and perhaps the merely misguided are thins thrown in contact and freely interchange ideas and sentiments, which cannot result in good. The cooking seems to be carried on in the worst possible manner. Odd pots and pans belonging to prisoners or lent by friends from out- side seem to be the principal culinary ntensils. You have already reported this matter, aiid I have also done so. Again, on entering the wards one is surrounded by a clamorous, half- clothed, motley crew, all anxious to solicit ones attention for a moment. If reliance can be placed on some of their statementsand I see no reason why there should notsome of them are certainly unfairly treated. I record the names of some of these, and would suggest that stel)s be taken iii the matter. MeDonel, a Federal prisoner, captured on Folly Island by Colonel Dargans command on or about the 11th of April, is still in jail. This man was taken in arms when a picket and in an affair of outposts. I cannot perceive the justice that retains this man in jail. Two Federal deserters, William May and William Robinson, whose cases were examined into and reported on by our department so far back as the 19th of May, are still in the jail. G. W. Tripp and G. Williams, two Federal paroled deserters, for- warded here under passes from Brigadier-General Slaughter, whose cases were also examined into and reported on the 23d of May, are still in the jail. This department recommended that they should be kept in jail and forwarded by first opportunity to Nassau, but several steamers have left since then. John Cahill, a Federal prisoner, captured at Georgetown, is also in the jail. James Parton, a man who deserted from the First South Carolina Infantry, at Fort iNloultrie, about a fortnight ago, is in confinement. He tells me he left his clothes at Battery Bee; he is now nearly ragged. He is one of many cases in which company commanders seem to forget the prisoners absent from their regiments. An extract from your report on the same subject, dated April 24, 1863, concisely lays down what I wish to report and recommend: Many of the prisoners have no blankets, no clothing, no shoes. They seem to be entirely forgotten by their company commanders; so much so that some of them have been confined for months without trial. I would suggest as a rule hereafter that no private be sent to jail by the provost-marshal without having been first provided with his bedding and clothes. Company commanders must see to that. They must not forget their men because they are prisoners, and they should net delay the forwarding of their charges. For instance, B. Donelly, of Fergusons battery, is destitute of cloth- ing. William Kenny says he has plenty of clothes on board the Pal- metto State; is in the same position. I could enumerate many more cases of hardship if it were necessary, but I think this will be sufficient. I would snggest that this matter be looked into; that regular discipline be enforced; that the arrange- ments for cooking be placed on a different method; that rules and regulations be laid down for the reception and dismissal of prisoners, and that the administration of justice be conducted on more speedy methods than apparently now exist. Respectfully, your obedieiit servant, H. WEMYSS FEILDEN, Captain and A ssistant Inspector- General Page 16 16 PRISONERS OF WAR AND STATE, ETC. COLUMBUS, OHIO, June 14, 1863. The PRESIDENT OF TIlE UNITED STATES: Allow me to express the hope that you will treat the Yallandigham committee about to call upon you with the contempt they richly merit. The Vallandigham faction will be annihilated at our coming election. DAVID TOD, Governor. HEADQUARTERS DEPARTMENT OF VIRGINIA, Port ]Jfonroe, June 14, 1863. Col. WILLIAM HOFFMAN, Commissary- General of Prisoners: COLONEL: I inclose to you for your information a copy of letter to Mr. Ould; also one of his notices.* It only remains for us to abide by the clear construction as given in my letter and to treat prisoners in accordance with it. I am, very respectfully, your obedient servant, WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners. [Indorsement.] JUNE 16,1863. Paragraph 8 should be confined to civilians delivered at City Point or otherwise specially declared exchanged or released and delivered at other points across the lines. H. W. HALLECK, General-in- Chief. [Inclosure.] HEADQUARTERS DEPARTMENT OF VIRGINIA, Port Monroe, June 10, 1863. Hon. ROBERT OULD, Agent for Exchange of Prisoners: SIR: Section No. 8 in your declarations of exchanges dated Rich- mond, May 11, 1863, and marked Exchange Notice No. 5, should be confined to civilians delivered at City Point or otherwise specially declared exchanged. Your proposition (made after you had published your notice) to have the releases from paroles and oaths cover other than parties delivered at City Point has been submitted to our authorities and has been (leclilled. I am, very respectfully, & c., WM. H. LUDLOW, Lieutenant- Colonel and Agent for Exchange of Prisoners. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Mionroe, June 14, 1863. Col. WILLIAM HOFFMAN, Commissary- General of Prisoners: COLONEL: Since writing to you this morning 1 have received a com- munication from Mr. Ould in reference to my protest against the sec- tion 8, of his Exchange Notice No. 5, in which he says that it was only See Exchange Notice No.5, Vol. Y, this series, p.949 Page 17 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 17 intended to apply to cases of parties who had been allowed to pass through our lines whether by City Point or otherwise.* Please ask the General-in-Chief whether it will be proper to permit and accede to this interpretation of the notice. If so, I will compel Mr. Ould to so publish it in the Confederate papers in correction or explanation of his notice. There are many cases of our own citizens who have been captured and compelled to give some parole to the Confederates, and who have since giving it been sent through into our lines at other places than City Point, and who hold themselves obligated by it. I have several such cases before me now. There seems to be no princi- ple involved in it liable to objection on our part and perhaps the num- ber of cases on each side are about equal. Yours, very respectfully, WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort ]Ifonroe, June 14, 1863. Hon. ROBERT OULD, Agent for Exchange of Prisoners: SIR: I assure you that you have not transgressed any propriety in your questions as to the purpose of the United States Government to execute its conscription act and as to the number of men who will be raised under its provisions. I have the honor to inform you in reply that the conscription act is now being executed and that a sufficient number of men will be raised under its provisions to bring this war to a speedy and successful conclusion. My object in requesting from you a copy of the act of the Confederate Congress and information as to intentions to execute it was to know officially what disposition under the act was proposed to be made of officers and men captured in arms and who had been duly mastered into the service of the United States, and also that the issues thereby presented could be fully understood and promptly met. Sections 4, 5, 6, and 7 of this act propose a gross and inexcusable breach of the cartel both in letter and spirit. Upon reference to the cartel you will find no mention whatever of what was to be the color of prisoners of war. It was unnecessary to make any such mention, for before the establishment of this cartel and before one single negro or mulatto was mustered into the U. S. service you had them organized in arms in Louisiana. You had Indians and half breed negroes and Indians organized in arms under Albert Pike, in Arkansas. Sub- sequently negroes were captured on the battle-field at Antietam and delivered as prisoners of war at Aikens Landing to the Confederate authorities, and receipted for and counted in exchange. And more recently the Confederate legislature of Tennessee have passed an act forcing into their military service (I quote literally) all male free persons of color between the ages of fifteen and fifty, or such number as may be necessary, who may be sound in body and capable of actual service; and they further enacted that in the event a sufficient number of free persons of color to meet the wants of the State shall not tender their services, then the Governor is empowered through the sheriffs of differ- ent counties to impress such persons until the required number is obtained. * See June 12, beginning You are mistaken, p. 11. 2 R R5ERIES II, VOL V Page 18 18 PRISONERS OF WAR AND STATE, ETC. But it is needless to argue the question. You have not a foot of ground to stand upon in making the proposed discrimination among our captured officers and men. I protest against it as a violatiou of the cartel, of the laws and usages of war, and of your own practices under them. Passing events will clearly show the impracticability in executing the act referred to. In case, however, the attempt be made to execute it I now give you formal notice that the United States Government will throw its protection around all its officers and men without regard tocolor~andwillpromptlyretaliateforallcasesviolatingthecartelor the laws and usages of war. I am, very respectfully, your obedient servant, WM. II. LUDLOW, Lieutenant- Colonel and Agent for Exchange of Prisoners. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, June 14, 1863. Hon. ROBERT OULD, Agent for Exchange of Prisoners SIR: General Orders, No. 100, is considered as having gone into effect from the date of its communication to you on the 23d of May last, and is of course mutually binding. I am, very respectfully, your obedient servant, WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, June 14, 1863. Hon. ROBERT OULD, Agent for Exchange: SIR: Doctor Green will be retained as a hostage for Doctor iRucker. All other surgeons in our custody (three or four now being here) will be released and delivered to you on the release and delivery to me of all you hold, except Doctor iRucker. Do you agree to this, with the additional understanding that the detentions of surgeons shall be confined to these two ~ Please inform me when Spencer Kellogg and other of our officers declared exchanged will be delivered at City Point, in order that arrangements may be made for sending up such of your exchanged officers as are at Fort Norfolk awaiting delivery. I am, very respectfully, your obedient servant WM. H. LUDLOW, Lieutenant- Colonel and Agent for Exchange of Prisoners. ABINGDON, VA., June 11, 1863. Hon. JAMES A. SEDDON, Secretary of War: DEAR SIR: I beg the favor of your attention for a moment. In the Richmond Enquirer of the 11th instant I noticed a statement of the arrest of Dr. John A. Hannah, L. Dudley Wilson, and PresleyA. Howard, citizens of Montgomery County, Ky., on the charge of using treasonable language, & c. Hoping it might all be a mistake, as I was certain the charge must be, but fearful of the truth of the arrest, I am prompted by feelings of disinterested friendship to bear my testimony as a Page 19 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 19 acquaintance of those gentlemen to their staunch devotion to our cause, known and read of all Kentuckians as ultra and uncompromising rebels. While our armies occupied Kentucky last fall no man was more active or zealous in our cause than Doctor Hannah. General Marshall and staff dined with him while stationed at Mount Sterling. Mr. Howard is personally known to a great number of Kentuckians here in this brigade and has perhaps (lone as much or more for us than any man in Mont- gomery County, Ky. With Mr. Wilsons politics I am not so well acquainted, but he has always been looked upon as our friend and his association with those other gentlemen I consider good evidence of it. With the mission of these gentlemen to the South I have no synipa. thy, as I understand they come to intercede (either from motives of friendship or interest) iu behalf of Capt. Samuel McKee, U. S. Army, who is understood to be under sentence of death at Richmond. How- ever, this does not alter the politics of these gentlemen who are known to be true to us and whose misfortune we all regret. Judge Moore, Member of Congress from Kentucky, I know is intimately acquainted with them, a resident of Mount Sterling himself, and I suppose that Governor Hawes and Colonel Simms and others of the Kentuckians of prominence and undoubted loyalty are also acquainted with one or more of the parties. I know that General Marshall is acquainted with Doctor Hannah and Mr. Howard, and I should not think it necessary to say a word but from the fact that Congress has adjourned and that none of the gentlemen above named I suppose are in Richmond. From this (General Prestons) brigade any amount of testimony I doubt not could be produced as to the fidelity of these gentlemen to our cause. If any suspicion has ever been cast upomi it I am ignorant thereof. As to my own right to speak in their behalf I have nothing to recommend inc but my own devotion to our great and good cause, in whose service I have been humbly laboring for sixteen months, first as a private, recently as assistant adjutant-general to Brig. Gen. H. Marshall. Hoping that no difficulty may be experienced by those gentlemen in clearing themselves from all suspicion, I have the honor to be, with great respect, your most obedient servant, EDW. 0. GUERBANT. P. S.I resided, when at home, at Sharpsburg, Ky., in twelve miles of Mount Sterling, Ky., the place of Doctor Hannah and Mr. Wilsons residence. They will remember me as a sou of Doctor Guerrant. E.0.G. [Indorsement.] They have beeu discharged. HEADQUARTERS DISTRICT OF INDIANA AND MICHIGAN, Col. W. HOFFMAN, Indianapolis, June 15, 1863. Gommissary- General of Prisoners, Washington, D. C.: COLONEL: Your favor of the 11th instant is at hand. The trouble about Camp Morton as a depot for rebel prisoners is twofold. In the first place the situation of affairs in this State is such that all the troops may be required any day, as part are all the time, in various localities to put down resistance of men organized and armed against the con. scription. In the second place, should there be an extensive insurrec- tion the insurrectionists would seek to free and arm the rebel prisoners Page 20 20 PRISONERS OF WAR AND STATE, ETC. This I hardly anticipate, but the presence of any considerable number of prisoners causes uneasiness in the public mind if it does not actually give a sense of strength to the possibilities of insurrection. Before Ii sent away the last lot a number of suspicions individuals were trying to communicate with them and Governor Morton coiisidered their fur- ther detention here as unsafe. If the necessity arises for sending more to this place of course you may rely upon my taking care of them, but it is due to myself and to the interests of the service thar I should inform you of the state of things. I have the honor to remain, colonel, your obedient servant, 0. B. WILLOOX, Brigadier- General, Commanding. HEADQUARTERS FORT DELAWARE, June 15, 1863. Brig. Gen. WILLIAM A. IIAMMOND, Surgeon-General: Four thousand rebel prisoners here. Too many sick for two acting assistant surgeons. Please send one or two more. A. SCIIOEPF, Brigadier- General, Commanding. Extracts from a report of inspection of Fort Yorfolk, Va., June 15, 1863, by Lieut. Col. J. K. Barnes, medical inspector, U. S. Army. Clothing of prisoners dirty and worn. * * * The overcrowding of the prison cannot be controlled by the immediate commander. If a number of prisoners arrive it must hold them, whether 100 or 500, and the risk of thus developing a contagious epidemic proportionably increases with the advance of the season. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., June 15, 1863. Capt. N. W. EDWARDS, Assistant Commissary of Subsistence, Springfteld, Ill.: CAPTAIN: I am directed by the commissary-general of prisoners to say in reply to your communication of June 8, 1863,* that the scale of rations giving five pounds of green or four pounds of ground coffee to 100 rations was intended for the prisoners of war. A subsequent schedule was made for paroled troops of our own army, giving them nine pounds of green or seven pounds of ground to the 100 rations, which scales will be adhered to unless the commanding officer should find that the allowance is not sufficient, in which case he should report the fact to this office. Not having to make any returns of the prison fund to the U. S. Treasury, and the disbursing of it being entirely under his discretion, the extra-service pay will be allowed as hereto- fore. Inclosed please find extract from act of Congress returned as requested. Yery respectfully, your obedient servant, W. T. HARTZ, Captain and Assistant Adjutant- General. * See Vol. V, this series, p. 762 Page 21 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 21 OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. 0., June 16, 1863. Maj. Gen. DAVID HUNTER, Commanding Department of the South, Hilton Head, S. (2: GENERAL: The following are extracts from a letter some days since addressed to Lieutenant-Colonel Ludlow, agent for exchange of prison- ers, in relation to paroling of prisoners of war, to be laid before the Confederate commissioner as the rule which will govern the U. S. armies in the field: I inclose herewith General Orders, Nos. 49 and 100, current series, announcing regulations and instructions for the government of the U. S. forces in the field in the matter ofparoles. These, together with the stipulations of the cartel, will govern our army. By the cartel all prisoners of war are to be delivered at certain named places, there to be exchanged or paroled, and all paroles exacted or accepted by the enemy from our troops in violation of its stipulations, except in the case provided br by the cartel, are null and void, and troops so paroled will be ordered to duty as if no parole haff been given. Officers or soldiers who give paroles in violation of General Orders, No. 49, commit an offense for which they are liable to trial by a court-martial; but the enemy have, nevertheless, no right to claim that the parole is binding. ~ Orders will be immediately issued from commanders to permit no paroles to be taken from the enemy except as provided for by the cartel, and all paroles now in force not so taken will be declared of no effect. Paroles given before the publication to the army of General Orders, No. 49, though deliveries were not made as required by the cartel, will, nuder the usage prevailing at the time, be considered as valid. There may be cases of a subsequent date where, from peculiar cir- cum stances, it would be advisable to recognize irregular paroles, but in all such cases a special report, with full rolls of the parties, should be forwarded to this office as early as practicable. Yery respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. (Same to Maj. Gen. J. G. Foster, commanding Department of North Carolina, New Berne, N. C., and Maj. Gen. John E. Wool, commanding Department of the East, New York City, N. Y.) HEADQUARTERS DEPARTMENT TRANS-MISSISSIPPI, Shreveport, La., June 16, 1863. General S. COOPER, Adjutant and Inspector General, Richmond, Pa.: GENERAL: I have the honor to inclose you two letters, addressed to Major-General Taylor, in regard to the disposition to be made of negroes and their officers captured in arms. Unfortunately such.captures were made by some of Major-General Taylors subordinates. I have heard unofficially that the last Congress did not adopt any retaliatory legislation on the subject of armed negroes and their officers, but left the President to dispose of this delicate and important question. In the absence of any legislation and of any orders except those referred to in the inclosed letters, I saw no other proper and legal course for me to pursue except the one which I adopted. I have the honor to be, general, your obedient servant, E. KIRBY SMITH. [Inclosure No. 1.1 HEADQUARTERS DEPARTMENT TRANS-MISSJSSIPPI, Shreveport, La., June 13, 1863. Maj. Gen. IR. TAYLOR, Commanding District of Louisiana: GENERAL: I have been unofficially informed that some of your troops have captured negroes in arms. I hope this may not be so, and tha Page 22 22 PRISONERS OF WAR AND STATE, ETC. your subordinates who may have been in command of capturing parties may have recognized the propriety of giving no quarter to armed iiegroes and their officers. In this way we may be relieved from a disagreeable dilemma. If they are taken, however, you will turn them over to the State authorities to be tried for crimes against the State, and you will afford such facilities in obtaining witnesses as the interests of the pub- lic service will permit. I am told that negroes found in a state of insurrection may be tried by a court of the parish in which the crime is committed, composed of two justices of the peace and a certain num- ber of slave-holders. Governor Moore has called on me and stated that if the report is true that any armed negroes have been captured he will send the attorney-general to conduct the prosecntion as soon as you notify him of the capture. I have the honor to be, general, your obedient servant, E. KIRBY SMITH, Lieutenant- General, Commanding. [Inclosure No. 2.] HEADQUARTERS DEPARTMENT TRANS-MISSISSIPPI, ~S1hreveport, La., June 13, 1363. Maj. Gen. H. TAYLOR Commanding District of Louisiana: GENERAL: In answer to the communication of Brigadier-General H~bert, of the 6th instant, asking what disposition should be made of negro slaves taken in arms, I am directed by Lieutenant-General Smith to say no quarter should be shown them. If taken prisoners, however, they should be turned over to the executive authorities of the States in which they may be captured, in obedience to the proclamation of the President of the Confederate States, sections 3 and 4, published to the Army in General Orders, No. 111, Adjutant and Inspector Generals Office, series of 1862. Should negroes thus taken be executed by the military authorities capturing them it would certainly provoke retalia- tion. By turning them over to the civil authorities to be tried by the laws of the State no exception can be taken. I am, general, very respectfully, your obedient servant, S. S. ANDERSON, Assistant Adjutant- General. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington D C Lieut. Col. W. H. LUDLOW, . .7~June 17, 1863. Agent for Exchange of Prisoners, Port Monroe, Va.: COLONEL: In reply to your letter of the 14th instant I am directed by the General-in-Chief to say that section 8 of Mr. Oulds declaration of exchange should be confined to civilians delivered at City Point or otherwise specially declared exchanged or released, and delivered at other points across the lines. I use his own words: Section 5 of your declaration is not quite so comprehensive as this. Will it not be necessary to give another notice0? Besides the prisoners now at Fort Delaware, some 2,500 left Camp Morton for that fort on the 11th instant, and they will be ready for exchange as soon as the rolls are prepared. The prisoners from Alton should have been at Baltimore on Sunday last, and I did not know until yesterday after I telegraphed to you that they had not arrived Page 23 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 23 They must have been (lelayed by some interruptions of the railroad communications. Captain Mulford reported to me, and I directed him to ask Colonel Donaldson to inquire for the whereabouts of the pris- oners. I inclose a letter containing a small amount of Confederate money belonging to a rebel soldier who died at Pittsburg for you to return through Mr. Ould, if you think proper. I send by this mail roll of paroled troops at Benton Barracks whose names have not yet been rel)orted. \Tery respectfully, your obedient servant, W. HOFFMAN, Colonel Third Ii~fantry and Commissary- General of Prisoners. CINCINNATI, June 18, 1863. SECRETARY OF WAR: Can I have authority to arrest Judge Trimble, of Kentucky, candi- date for Congress ~ Declares himself opposed to the war, and if elected will oppose furnishing supplies of any kind. A. E. BURNSJDE. WAR DEPARTMENT, Washington City, June 18, 1863. Major-General BURNSIDE, C~ineinnati: The President, to whom your telegram has been submitted, directs me to say that if Mr. Trimble is found encouraging desertion from your army or in any way interfering with or endangering your military operations you will be authorized to place him in arrest; but the mere declaration of his opposition to the war or that if elected he will oppose furnishing supplies of any kind is a good reason why loyal men should not vote for him but is not sufficient ground for military arrest. EDWIN M. STANTON, Secretary of War. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, June 18, 1863. Hon. GIDEON WELLES, Secretary of the Navy, Washington, D. C.: SIR: I have the honor to acknowledge the receipt of your letter of the 17th instant, accompanying a descriptive roll of 113 soldiers of the rebel army captured and paroled at the Yazoo hospital on the 21st May last. I have the honor to inclose herewith General Orders, No. 49~* of the 28th February, and No. 100 * of the 24th April, 1863, from the War Department, establishing rules for the government of the armies of the United States under which paroles are to be given or received, and I have also the honor to submit extracts from a letter which, by author- ity of the General-in-Chief, I addressed to Lieutenant-Colonel Ludlow, agent for the exchange of prisoners of war, instrncting him how said orders are to be put in force.t It is now understood by Colonel Ludlow and the agent for the rebel Government that with the exceptions provided for in the foregoing See Vol. V, this series, pp. 306 and 671, for these orders. tFor full text of letter, see ibid., p.670 Page 24 24 PRISONERS OF WAR AND STATE, ETC. instructions and in some few cases when from I)ecllliar circumstances commanders of departments were permitted to recognize paroles given by our men after the publication of General Orders, No. 49, no paroles are considered as binding but those given preparatory to delivery at the places agreed upon under the provisions of the cartel. It doesnot appear by the descriptive rolls of the prisoners paroled at the Yazoo hospital that they were delivered at either of the designated places or that there was any exchange of authenticated rolls giving names, & c., and without these formalities the paroles cannot be held as valid, nor can an exchange for the parties be demanded. I respectfully submit the matter for your consideration. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. OFFICE COMMISSARY-GENERAL OF PRiSONERS, Maj. Gen. E. A. HITCHCOCK, Washington, D. C., June 18, 1863. Commissioner for Exchange of Prisoners, Baltimore, Md.: GENERAL: I forward the inclosed letter from Colonel Chandler to you in order that he may be the more satisfactorily informed of the cause of his detention at the Old Capitol Prison. I have in my pos- session an official paper from Mr. Ould stating that no such person as D. T. Chandler holds a commission in the Army of the Confederate States of America, and they are therefore not likely to hold an officer as a hostage for him. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. Colonel HOFFMAN: I return Colonel Chandlers letter with a note, which if you think proper you may informally send him. Yours2 E. A. HITCHCOCK. [Inclosure.] OLD CAPiTOL PRISON, June 14 1863. Maj. Gen. E. A. HITCHCOCK, U. S. Army, Commissioner for Exchange, Washington, D. C.; GENERAL: I have the honor to invite your attention to the follow- ing statement: I was arrested in the Lower Potomac and within the jurisdiction of the State of Maryland on the 9th of February last, in company with three other civilians and brought to the Washington Jail, where after a short sojourn I was transferred to this prison. About the 15th of March last, there being no charges against me, I was sent with 305 other civilians (including those arrested in company with me) to Fortress Monroe en route to City Point to be exchanged as required by the agreement entered into between the Government of the United States and that of the Confederate States. On arriving at the former place I was informed that an order had been received from Colonel Hoffman, Commissary-General of Prisoners, directing me to be brought back to this place, which was done, and I have since been kept continuously in confinement, in this prison. No reason has ever been assigned to me for my prolonged detention, and in reply t Page 25 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 25 my frequent inquiries I have been told that there is not and never has been any charge against me. Colonel Hoffman has steadily and persist- ently refused to allow me to be sent off when parties of prisoners, both of war and state, were being forwarded hence to City Point, striking my name from every list that is made out, and in consequence I have for a long time been the oldest inmate of this place. From long con- finement, restricted to unaccustomed food and deprived of the exercise necessary to me, my health has become seriously impaired, and I fear that I shall again be compelled to subject myself to the surgeons knife. 1~Iy case has been examined by Captain Parker, assistant adju tant-general to the military governor of this city, and no grounds for detention found by him. You will find on inquiry that the Confederate Government has made an offer to exchange me, and is keeping a Fed- eral officer as a hostage for me, and I cannot see why I should be debarred from the privilege of exchange accorded to all others. Colonel Hoffman has not condescended to inform me or any of my friends his reason for detaining me, and I am at a loss to know what consideration of a public nature can actuate his conduct. I am there- fore induced to make this appeal to you. I was appointed in the army from Louisiana, of which State I had been a resident for several years, and have never forfeited any right as a citizen of that State. As such I claim to be exchanged in conformity with the agreement entered into respecting all persons who have been in confinement over ten days without charges being preferred against them. I beg respectfully to ask your early attention to this matter, and am, sir, your obedient servant, B. T. CHANDLER. BALTIMORE, June 21, 1863. Col. W. HOFFMAN, & c., Washington: Mv DEAR COLONEL: I have received Colonel Chandlers letter of the 14th instant, and hardly know what to say about it or about him. He was once, as you know, one of the officers of the old Third, for all of whom I always had a special regard, and I particularly valued him in early life, for he was young when with me and was a promising officer. It is now many years since I have seen him except at a glance, and I find him among the enemies of the Government that nourished and fostered him. As commissioner for the exchange of prisoners I have in reality nothing to do with him, confined as he was for attempting to run the blockade. He is not a prisoner in such a sense as brings him as such under my notice. He claims, I see, to be a Lonisianian, having been appointed from there, but 1 had supposed he looked upon Maryland as his State. In either case his position is a bad one. As the latter, he was taken attempting to go Southattempting to communicate with the enemy. As the former it might be considered as still worse, for what has a Lonisi- aiian to do in Maryland at this time, and after observing everythiiig attempt a return to Louisiana, if that was his destination ~ Tlie cartel does not apply to him in any event, for he was not arrested within the limits of what the South claims; was not in the army, and if claimed by the South as a Lonisianian he might be considered iii a most dangerous position here. Besides, for a long time the commissioner from Rich- mond has refused to pay any attention to the cartel except as it suited his own convenience, and has declared even that he will pay no atten- tion to it until the North agrees to terms which, if accepted, would b Page 26 26 PRiSONERS OF WAR AND STATE, ETC. equivalent to a full acknowledgment of the freedom of all those engaged in the rebellionfreedom from all liability to the law of the common country. This is an artful attempt on the part of the South, on pre- text of dealing equally, to exempt themselves from all liability for trea- son. This has been a darling purpose with them, and they have tried every means in their power to accomplish it. They know that they cannot try a Northern citizen for treason under any law whatever, but citizens of the South are liable for that crime under the law of the country as it stands on the statute books of the nation. This is what in the South they wish to set aside under the pretext of a cartel or an agreement not to arrest citizens, but there is no equality in the cases. There is no agreement now requiring the exchange of Colonel Chand- ler. If a Southerner found within our lines, he would be liable under a formidable charge. As a Northerner attempting to make his way South, he would also be liable, and in either case independently of the South as such. As he was in the North and not in the South, though taken in an attempt to go South, I am of the opinion that he ought not to be treated as a Southerner, but as a disaffected Northeriier; and I am so far from thinking that he ought to be sent South that, on the contrary, I think that he ought not be allowed to go there with the knowledge he acquired while remaining apparently for a time quiescent in the North. If there was a way by which he could be put under bonds not to go South or attempt to communicate with the South during the war, I should think he might be relieved from confinement, considering his confinement up to the present time a necessary consequence of his attempting to elude the blockade laws. But this is a matter with which I have nothing to do, for in no view of the case, as I view the question, is he a subject for exchange with which my duties connect me. As you sent me Colonel Chandlers letter, I return it with these remarks for such consideration as you may think them worth, though I should be glad if he could be released, provided it can be done with a due regard to the public interest. Very truly, yours, E. A. HITCHCOCK. [First indorsement.] OFFICE COMMISSARY-GENERAL OF PRISONERS, June 22, 1863. Colonel Hoffman refers these letters to Colonel Chandler for his perusal, with the request that he return them by the bearer. [Second indorseinentI OFFICE COMMISSARY-GENERAL OF PRISONERS, June 23, 1863. Read and returned by the bearer. D. T. CHANDLER. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, June 18, 1863. Hon. ROBERT OULD, A gent for Exchange of Prisoners: SIR: I send to you Colonel Morehead and Captain Flint, who have been declared exchanged. Also all the surgeons we have here, except- ing Doctor Green. Captain Mulford is instructed to bring back Colonel Morehead unless Spencer Kellogg, declared exchanged, be delivered, if in Richmond, or if he be not, unless you give an agreement that Kellogg shall be deliv- ered at City Point within two weeks Page 27 CORRESPONDENCE, ETC.UNJON AND CONFEDERATE. 27 Captain Mulford is also instructed to bring back the surgeons unless he receives all our surgeons now confined in IRiclimond, except Doctor Bucker, whom you retain nuder charges, and for whom Doctor Green is held as a hostage. I am, very respectfully, your obedient servant, WM. H. LUDLOW, Lieutenant- Colonel and Agent for Exchange of Prisoners. GUARD-HOUSE, Port Monroe, June 19, 1863. Major-General Dix, Commanding Department: GENERAL: We, the undersigned prisoners from the neighborhood above Williamsburg, have the honor to solicit your intercession in our behalf. We were arrested as soon as your army reached our neighbor- hood, not because of any charge, but as a military necessity, as we supposed, for the time being. When arrested we were at our homes some of us not even aware that your forces were on the march. The provost-marshal at Yorktown states that no charges were preferred against us, and that it was his duty to send us here to be paroled. The circumstances of our families at home and our condition here render us most wretched indeed, and have induced us to appeal to your generosity for our release. Some of us have children without any one to care for them. At the rate everything was being swept away when we left, we are apprehen sive that our families are reduced to famine by this time, and are anxious to be at liberty to make some arrangement to save them from starvation. For Gods sake, general, let us have your sympathy. For the sake of humanity, relieve us from this distressing situation. We have the honor to be, general, very respectfully, yours, E. B. CHALLENNER. B. B. JONES. WM. MiNOR. WM. I. TIIMBERLAKE. MARSHALL M. MARTIN. II. B. MORRIS. [First indorsernent.] HEADQUARTERS FORT MONROE, June 21, 1863. Respectfully forwarded to department headquarters. J. ROB~RTS, Colonel Third Pennsylvania Artillery, Commanding Post. [Second indorsernent.] JUNE 21, 1863. Captain BLAKE: Parole these men and send them home to-morrow by way of Yorktown. JOHN A. DIX, Major. Ueneral. [Third indorsement.l PROVOST-MARSHALS OFFICE, June 26, 1863. The within-named citizens were this day paroled and sent to their homes via Yorktown, Va. W. E. BLAKE, Captain and Aide-de-Camp, Provost-Marshal Page 28 28 PRISONERS OF WAR AND STATE, ETC. CiNCINNATI, June 19, 1863. Colonel HOFFMAN, Commissary- General of Prisoners, Washington, D. C.: The following dispatch just received from Carter, who is in command of all the East Tennessee troops in our front. I fully concur with him and think it would be very cruel and unjust to force these loyal East Ten- nessee conscripts back into the rebel ranks by exchange, and would be glad to have some arrangement made by which they could be released on taking the oath, or allowed to enlist in these East Tennessee regi- ments. SOMERSET, June 19, 1863. Major-General BURNSIDE: I understand that several hundred East Tennessee conscripts were recently sent from Indianapolis to Fort Delaware. I learn that they are Union men from counties adjoining lily own. I respectfully request that you will communicate with the Com- missary-General of Prisoners, prevent the exchange of loyal East Tennessecans as prisoners of war, which exchange will he most cruel and unjust. Most of them, I presume, will gladly volunteer in loyal East Tennessee regiments. I will gladly take any interference on your part in their behalf as a special personal favor. S. P. CARTER. A. E. BUENSIDE, iJiojor- General. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, June 19, 1863. Col. WILLIAM HOFFMAN, Commissary- General of Prisoners: COLONEL: I have requested Mr. Ould to modify his notice so as to conform with the construction as directed by the General-in-Chief. I do not think that an additional notice need be published on our part now. Other declarations of exchange will soon be made and then it can be done. No exchanges of civilians can be made at present, but the Confederates will doubtless receive all their friends who may be sent to them and keep all of ours. One of the objects of the present raid into Maryland and Pennsyl- vania is to capture citizens and take or send them as prisoners to Rich- inond in retaliation, as the rebels say, for our arrests of non-combatants and then after collecting a very large number they hope to dictate terms which we now deem absurd and inadmissible. I am, very respectfully, your obedient servant, WM. H.~LUDLOW, Lieutenant- Colonel and Agent for Exchange of Prisoners. WAR DEPARTMENT, Richmond, Va., June 19, 1863. Lient. Col. W. H. LUDLOW, Agent of Exchange: SIR: On the 9th of February last I informed you that in consequence of the regulations which had been established by you in relation to persons coming to and going from City Point in the flag-of truce boats, no citizens will be allowed to land without having the previous permis- sion of the Confederate authorities. On the II 0th instant you transmitted to me a notice signed by L. C. Turner, judge-advocate, concerning ladies who proposed to come South. I now inform you that I will exercise my discretion as to what ladies shall be permitted to land at City Point, and will have no hesitation i Page 29 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 29 refusing to receive such as I deem objectionable. Of course 1 will receive all for whom I have made application; also the wives and chil- dren of officers and soldiers in our service. As to all others I will pursue such a course as I think proper under the circumstances of each particular case. My original proposition as to all such persons I am still ready to adopt; that was that all persons whose means, friends, and connections were at the North or South should have the privilege of going or coming with the distinct understanding, however, that the movement in each particular case was to be final. I proposed this as a mutual advantage and charity, not to be coupled with any oath of allegiance. Will you agree to this proposal now? Very respectfully, your obedient servant, RO. OULD, Agent of Exchange. WAR DEPARTMENT, Richmond, Va., June 19, 1863. Lieut. Col. WILLIAM II. LUDLOW, A gent of Exchange: SIR: On the 5th day of June, 1863, I requested you to inform me when Geiieral Orders, No. 100, was to be considered as going into effect. To that you have returned no answer. Its date is April 24, 1863. You delivered it to me on the 23d of May, 1863. I perceive by a General Order, No. 15,~ iXiarch 9 [8], 1863, issued by General Schenek, that all officers and men who had been captured in his department, and particularly in the Shenandoah Valley, and released on parole, and not regularly exchanged should return to duty and serv- ice, on penalty of being considered deserters. When you delivered General Orders, No. 100, to me I inquired of you as to the date when it went into effect. I understood you to say the date of its delivery. You may, therefore, well imagine my surprise wheu I perceive that by the general order of one of your own departmental commanders, the new provisions as to paroles are not only to have effect from and after March 9, 1863, but are made to apply to all cases previous to that date, without any limitation as to time. This is not only contrary to your own declarations to me, but to our common practice up to May 23, 1863. You have charged against me and received credit for several captures made by General Stonemans command in his recent raid. Is it pretended that you are to have credit for captures made by your com- mands, while none is to be given to us, under precisely the same cir- cumstances? Is this fair, or just, or right? Respectfully, your obedient servant, RO. OULD, Agent of Exchange. RICHMOND, VA., June 19, 1863. Lient. Col. WILLIAM H. LUDLOW, Agent of Exchange: SIR: Spencer Kellogg was sent to you on the 13th of this month. He was received here on the 6th instant. He was captured on the 5th of March, and never was in the Jackson penitentiary. He was in hospi- tal; his sickness was alone the cause of his detention. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. - * 8eo Vol. V, this series, p. 339 Page 30 30 PRISONERS OF WAR AND STATE, ETC. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, June 19, 18G3. M. J. SAFFOLD, Esq., Commissioner, & c., Montgomery, Ala.: SIR: Your letter of the 12th instaut* covering reports of examina- tion of prisoners at Pollard, Greenville, and Montgomery, Ala., up to the 1st instant, has been received. Your action in the premises meets the full approval of the Department. With regard to the two cases respect- ing which you ask instructions you can discharge Appleyard upon his parole not to be guilty of future violations of military and civil law, and an admonition that a breach of it may be attended with serious conse- qnences. The disposition of Welch must be referred to your discretioii. The Department does not desire to initiate prosecutions for political offenses and is satisfied, as a general rule, to restrain the capacity for mischief of disloyal citizens. If nothing better can be done, they must be confined, but a far preferable disposition, whemi it can be made, is to place them in a sitnation to render service to the country by useful labor, under the eye of some officer of the Government who can guard against commnnication with the enemy. Admiral Buchanan, at Mobile, might perhaps give employment to such persons. Disloyalty is doubt- less often feigned by persons of conscript age to avoid military duty. It is not desirable to encumber the army with snch men, as they may perhaps abnse their opportunities to acquire information to the injury of the Government. The concession of privilege to volunteer in com- mands for service in specified districts, such as General Cobbs or Gen- eral Clautons, may in some instances reconcile the parties to the service and may at your discretion be granted. These general views are thrown out merely as suggestions, the value of which you can weigh in connec- tion with the circumstances of each individual case. When you desire to consult the Department before disposing of any case, it is requested that you submit some recommendation. Respectfully, JOHN A. CAMPBELL, Assistant Secretary of War. JUDGE-ADVOCATE-GENERALS OFFICE, June 20, 1863. Hon. E. M. STANTON, Secretary of War: SIR: In a letter under date of the 13th instant, addressed by Lient. Col. William H. Ludlow, commissioner for exchange of prisoners, to Col. William Hoffman, and which has been referred to this office, I find the following passage in reference to the proceedings of a court-martial held in the Department of the Cumberland, and which terminated in the conviction of David Banner and Jacob Fitzpatrick, citizens of Kentucky: I return to you for the examination of the Judge-Advocate-General the papers in the cases of Banner and Fitzpatrick. The proceedings seem to me to be null and void and had better not be submitted to the inspection of the Confederate authorities. From the language it is fairly if not necessarily inferable that Lieutenant-Colonel Ludlow has felt himself authorized in his official intercourse with the rebels to submit to them for examination and review the records of our military courts in cases in which such inspec- tion has been claimed. My view of what should be the action of the Government of the United States under such circumstances has been just the opposite of that apparently entertained by Lieutenant-Colonel Omitted Page 31 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 31 Ludlow. On the 16th of May, in commenting on a letter from this officer which had been referred to me for a compliance with its request, I addressed to the Secretary of War the following language: The demand made by the rebel authorities for information in reference to the proceedings of our courts-martial which resulted in the conviction of certain spies and traitors, emissaries in Kentucky, is deemed impertinent, and the information son glit will not be communicated unless specially directed by the Secretary. This Government is in no degree responsible to rebels in arms for the action of its own military courts, and it seems to me that it would utterly degrade itself by recogniz- ing auy such responsibility. Any such recognition would involve an ignoring of the great truth that this is a war on crime and criminals, which cannot ha lost sight of without incurring the risk of becoming, in the judgment of the world, criminals ourselves. I am without advice as to whether the views thus expressed have been acted on by the Secretary of War. Feeling, therefore, some embarrassment as to the proper reply to be made to the communication now under consideration, the whole subject is respectfully referred to the Secretary for his instructions. Very respectfully, your obedient servant, J. HOLT, Judge-Advocate. General. OFFICE COlVI1VIISSARY-GENERAI. OF PRISONERS, Washington, D. C., June 20, 1863. Maj. Gen. A. E. BURNSIDE, Commanding Department of the Ohio, Cincinnati, Ohio: GENERAL: The propriety of releasing enlisted prisoners of war and permitting them to enter our service has been laid before the Secretary of War, who directs that, when it can be reliably shown that the appli- cant was impressed into the rebel service and that he now wishes in good faith to join our army, he may be permitted to do so on his taking the oath. of allegiance. It is left for the examining officer to satisfy himself of the reliability of prisoners statements by such inquiries as he may be able to make. Very respectfully, your obedient servant~~~ HOFFMAN, Colonel Third Infantry and Commissary.General of Prisoncr8. CINCINNATI, June 20, 1863. General CARTER, Somerset, Ky.: Dispatch received from Commissary-General of Prisoners at Wash- ington that East Tennesseeans will not be compelled to be exchanged if they wish to remain with us. A. E. BUENSIDE, Major- General, Commanding. OFFICE COI~MISSARY-GENERAL OF PRISONERS, - ., e 21, 1863. Maj. Gen. ~. M. SCHOFIELD, Washington, D C Jun Commanding Department of the ]Jlis8ouri, Saint Louis, Mo.: Section 8 of the within declaration* is much too comprehensive; it should be confined to civilians who have been delivered through our See Exchange Notice No. 5, Vol. V, this series, p.949 Page 32 32 PRISONERS OF WAR AND STATE, ETC. lines to City Point or at other places, and it will be so corrected. Sec- tion 9 requires the delivery of all exchanged persons, which we are bound to do without any such notice; and if there are any such, including officers at Saint Louis, I have respectfully to request you will order them to be delivered to Lieutenant-Colonel Ludlow, agent for exchange of prisoners, at Fort Monroe. Respectfully returned to Major-General Schofield. W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. HEADQUARTERS DEPARTMENT OF TEE TENNESSEE, Near Vieksburg, June 22, 1863. Brig. Gen. L. THOMAS, Adjutant-General of the Army: GENERAL: Inclosed herewith please find copy of letter from Admiral Porter to me and one sent by me to General Taylor, of the Confederate Army. As soon as reply is received I will send that also to Headquar- ters of the Army.* Very respectfully, your obedient servant, U. S. GRANT, Major- General. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., June 22, 1863. Lient. Col. W. H. LUDLOW, A gent for Exchange of Prisoners, Fort Monroe, Va.: COLONEL: I have sent you to-day by express a roll of paroled pris- oners yet to be exchanged. They have been made up in this office by selecting from various rolls such names as have not been covered by exchanges already announced. Your letter of 19th instant is received. Any further notice in regard to civilians may be postponed till tile next declaration, as you suggest. I will be much obliged to you if you can give me some information about the prospect of an exchange of civilians, so that I may answer the many inquiries that are made. What is the obstacle and is there any hope of it being removed ~ There are some citizen prisoners just arrived from Fort Lafayette, captured by the Navy Department, who are now [herel for exchange; I shall send them by the next steamer. I will send no more citizens to you till you call for them. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, June 22, 1863. Hon. E. M. STANTON, Secretary of War : SIR: I have the honor to inclose copies of correspondence between Mr. Ould and myself and which I hope will meet your approval.t ~ These iiwlosures and subsequent correspondence printed in Series I, Vol. XXIV, Part III, pp. 425, 443, 469. Inclosures no~ identified Page 33 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 33 I have reason to believe that Mr. Ould avoided compliance with my demand for copy of an act of the rebel Congress for other reasons than the one stated by him. The retention of Colonel Streights officers under this act, the mus- tering into the U. S. service of negroes and officers in command of them, and the pledge thereby implied of protection seemed to make it necessary and desirable that the issue should be promptly met. I notice strong indications that this subject of so called retaliation is getting unl)opular among the Confederates. I desire to effect exchanges of officers in ac6ordance with the cartel and geiieral principles, and not by special or individual arrangements, and I do not think that the public service will be benefited by making the latter. I have the honor also to inclose a copy of a communication* from Mr. Ould on the subject of parties going to the South and to which I have made no response. I am, very respectfully, your obedieiit servant, WM. H. LUDLOW, Lieutenant- Colonel and Agent for Exchange of Prisoners. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, June 22, 1863. Col. WILLIAM HOFFMAN, Commissary- General of Prisoners: COLONEL: I inclose to you a letter left with me by the officer in charge of Daniel Dusky. Can you furnish me other evidence that Jacob Varner is not now in their lines l Please do so if possible. Gen- eral Orders, No. 100, was served upon Mr. Ould On the 23d of May last, and takes effect after that date. The service was accompanied with the notice, a copy of which 1 have before given you, that all captures must be reduced to possession and delivered at certaiti points agreed upon. If you have any paroles taken before that date, please send them and I can use them. The General Orders, No 15, Mar ch7[8], 1863, of Major. General Schenek is null and void, and subjects the parties interested in it to harsh treatment in the case of capture. If they gave their parole in violation of orders they should be punished, not debarred exchange.- I am, very respectfully, your obedient servant, WM. II. LUDLOW, Lieutenant- Colonel and Agent for Exchange of Prisoners. P. S.The letter containing the ~100, and addressed to Lient. J. II. Walker, has been received and will be forwarded to Mr. Ould. W. H. L. [Inclosure.] PENITENTIARY, SUPERINTENDENTS OFFICE, Albany, N. IL, June 17, 1863. Col. W. HOFFMAN: SIR: In accordance with your request I have this day delivered Daniel Dusky into the custody of Lieutenant Hosea. Jacob Varner ~ See June 19, p. 28. 3 R R5ERIE5 II, VOL V Page 34 34 PRISONERS OF WAR AND STATE, ETC. was discharged from here June 4, 1863, in accordance with an order of W. II. Lamon, esq., U. S. marshal for the District of Columbia, he hav- ing received a pardon for said Yarner from the President, dated June 1, 1863. Very respectftilly, your obedient servant, AMOS PILLSBURY, & ~jwrintendent. HEADQUARTERS SIXTEENTH ARMY CORPS, Memphis, Ienn., June 23, 1863. Col. W. HOFFMAN, Commissary- General of Prisoners, Washington, D. C.: SIR: I have the honor to acknowledge receipt of communication * (herewith returned) of J. Hoey, lieutenant, Company A, Seventeenth Arkansas, C. S. Army, in relation to the killing of Lieutenant-Colonel Woods by Lieutenant Lewis, U. S. Army, and present the following report: By order of Maj. Gen. C. S. Hamilton, then temporarily in command of Sixteenth Army Corps, a military commission convened at Memphis, Tenn., of which Col. Marshall S. Howe, Third U. S. Cavalry, was pres- ident; Capt. George A. Williams, First U. S. Infantry, judge-advocate, for the trial of Second Lient. Charles Lewis, Second U. S. Cavalry, charged with the murder of Lieutenant-Colonel Woods, of the rebel army. Special Orders, No. 11, headquarters District of West Tennessee, 7th of February, 1863. On 24th of February, 1863, the record was received at these head- quarters, the sentence being duly recorded: The prisoner to be dis- honorably dismissed the service of the United States and then to be hung by the neck until he is dead, at such time and place as may be ordered by the President of the United States. Upon the same day the record was duly forwarded to headquarters of department, with the following indorsement: HEADQUARTERS Si XTEENTII ARMY CoRPs, Memphis, Tenn., February 24, 1863. Finding and sentence approved. Respectfully forwarded. S. A. HURLBUT, Major-General. Upon the same day the following special order was issued: SPECIAL ORDERS, HEADQUARTERS SIXTEENTH ARMY CORPS, No. 17. Memphis, Tenn., February 24, 1863. I. Second Lieut. Charles Lewis, U. S. cavalry, having been tried by a military commission and the proceedings forwarded to the President of the United States, will be committed to strict confinement at the Alton prison, Illinois, until the decision of the President shall be made known. Col. M. S. Howe, Third U. S. Cavalry, will detail a sergeant and three men as a guard to convey the prisoner to Alton. The department quartermaster will furnish transportation. * * * * * * * Upon the 26th February Col. M. S. Howe, Third U. S. Cavalry, offi- cially notified these headquarters that Lewis, who had been held in close confinement and ironed in the military prison daring his trial and since, had escaped. Whereupon the following notice was extensively See Vol. V, this series, p. 945, for this correspondence and its reference to Huribut Page 35 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 35 and immediately circulated by being published in the journals of the city and by being trausmitted to neighboring stations so far up as Saint Louis, Mo.: Escaped from the Irving Block, Charles Lewis, second lieutenant, Second U. S. Cavalry, lately tried for murder of Lieutenant-Colonel Woods, a prisoner of war. Two hundred dollars will be paid for his arrest and delivery to Col. D. C. Anthony, provost-marshal. If he resists arrest all persons, civil or military, are hereby author- ized to shoot him upon the spot. All officers, soldiers, and citizens are required and authorized to arrest said Lewis. By order of Maj. Gen. S. A. Huribut: HENRY BINMORE, Assistaat Adjutant-General. The fact of the escape was upoii the same day telegraphed to the Adjutant-General U. S. Army at Washington, D. C. The next heard of him showed him to have hastened to Richmond, Va., where he tendered his services to the rebel authorities and was commissioned as a lieutenant in some rebel organization of the cavalry arm. It is since reported that for gallantry in fighting against his country he was promoted to a colonelcy, vice the colonel of the regiment in which he was then serving, to fill a vacancy by reason of the death of the latter from wounds received at Fredericksburg. I have the honor to be, sir, very respectfully, your obedient servant, S. A. HURLEUT, [First indorsement.] ]Jiiajor- General. FORT MONROE, July 4, 1863. Respectfully forwarded to Hon. Robert Ould, agent for exchange of prisoners. The form of report of General Hurlbut was evidently not intended for reference to Confederate authorities, but as it embodies important statements it is forwarded as received by Colonel Hoffman. WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange. [Second indorsemeut.] JULY 10, 1863. Respectfully referred to the Secretary of War. The circumstances narrated in the two papers are very singular. I have made particular inquiries for any such officer in our service as Charles Lewis and can find none such. If he has joined our service he has changed his name. RO. O~ULD, Agent of Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, June 23, 1863. Lieut. Col. WILLIAM H. LUDLOW, Agent of Exchange: SIR: The grounds upon which Doctor Rucker has been retained have already been fully communicated. He has been indicted by the Commonwealth of Virginia for offenses committed within her limits which are not sanctioned by any civilized military code. He was not under the protection of a soldier when he committed the felonies charged against him. The State is now prosecuting him for those crimes and his trial has been delayed for two terms of the court, at his own instance, as I am informed Page 36 36 PRISONERS OF WAR AND STATE, ETC. You have said to me that the principles announced in General Orders, No. 100, are to apply against you as well as for you. In that order you distinctly recognize the right of an invaded State to punish all wanton violence committed against its citizens as well as all destruc- tion of property not commanded by the authorized officer. I refer to paragraphs 44, 47, and especially 59. If I had the framing of a pro- vision to meet Doctor Rackers case and to justify his detention I could not use apter terms than those employed in paragraph 59. Moreover, you have claimed and exercised the right of holding many of our officers and soldiers on mere suspicion for months without trial or proceedings of any sort against them. You have such in confine- ment now. For them we have selected noiie of your officers or soldiers in retaliation; yet when we retain the first of yours un(ler indictment preferred by a grand jury, you immediately select one of ours in retalia- tion. If we had applied any such rule to you since the beginning of the war, ho~ many of your officers and soldiers would be now in our prisons ~ I lament with you the detention of surgeons. I am willing to do any- thing consistent with honor and justice to promote their discharge. But we cannot surrender a clear right. Doctor Ruckers detention is justified by your own principles and practice. I have already admitted your right to detain any one of our officers under similar circumstances. If we are justified by the rules of war in detaining for trial Doctor Rucker, what right have you to hold Doctor Green in retaliation ~ Your request for the discharge of all surgeons except Doctors Rucker and Green is simply asking me to admit that the former is unjustly detained and the latter rightly held in retaliation. I deny both and al)peal to your own military laws. As Doctor Rucker has asked to have his trial postponed, let his case remain as it is and let us uncon- ditionally release all other surgeons on both sides. If any grand jury of yours indicts any surgeon or other officer of ours for such offenses as are charged against Doctor Rucker, and lie is detained for trial, I am sure I will not complain. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. Memorandum. [ABOUT JUNE 23, 1863.] Col. D. T. Chandler, committed by Captain Todd.--Charge, violating blockade. Major and brevet lieutenant-coloiiel of the old army in the Fifth Infantry. Is forty-three years old. Retired as disabled from disease and injuries contracted in line of duty. Resignation was accepted by the President to take effect in December last. He was born in the District and resided in Louisiana. Was in lower Maryland, Saint Marys County, in February last. Attempted to go over to Westmoreland, which was in Federal occupation, to see some friends. Was arrested in going on the night of the 9th of February in row-boat with some three other persons who have been sent South since. He was sent South to be exchanged March 15 with the rest. Mr. Wood had previously made every inquiry concerning him at l)rovost-marshals, and was informed that no reason existed at their office why he should not be exchanged. upon arriving at Fortress Monroe a telegram was received from Colonel Hoffma Page 37 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 37 ordering Colonel Chandler to be returned. He claims that he like the rest should be either exchanged or discharged. His baggage was searched and nothing contraband was found, and it was all returned to him by the commodore. His little pocket money, $150 in gold and $52.30 in U. S. notes, was taken and was forwarded by the district attorney to be retnrned to him, but was not. It must be in the hands of District Attorney Carrington or prize commissioner. The boat was a small row-boat. Each person had his own baggage, and the district attorney said the concern was not worth libeling. Colonel Chandler alleges personal feeling on the part of Colonel Hoffman as the cause of his protracted detention. He desires to be sent to General Schenck, and to be sent thence South. [First indorsement.] Captain PARKER: What has become of the case of Col. D. T. Chandler? J. H. MARTJNDALE, Brigadier- General and Military Governor. [Second indorsemeut.] I respectfully report that George Taylor was discharged June 13. Colonel Chandler is still in prison. EDWARD G. PARKER, Captain and Assistant Adjutant- General. [Third indorsement.] iRes~)ectfully referred to Colonel Hoffman. Is there any reason why the exchaiige of Colonel Chandler was interrupted which should be taken into consideration in deciding whether he should be discharged? Is there any intention of holding him for exchange? Respectfully, & c., J. H. MAPTINDALE, Brigadier- General and Military Governor. OFFICE EXCHANGE OF PRISONERS, Maj. Gen. ~. ~. GRANT, Vicks burg, Miss., June 23, 1863. Commanding U. S. Forces near Vicksbnrg, Miss.: GENERAL: I this day send across the river to you four men, viz, James E. Gaddy, Company E, Sixth Illinois Cavalry; Bernard Collins, Company E, Thirty~ninth Ohio Infantry; A. M. Shipman, company D, Forty-third Ohio Infantry; Nicholas Hoit, Company C, Seventh Iowa Infantry, who have been held as hostages since December, 1862, for the acts of some of your soldiers in Paiiola County, Miss. I hand inclosed copy of a letter from Capt. J. B. Sample, U. S. Army, and my reply. Captain Sample detained four Confederate prisoners, viz, James McFall, Company A, Tenth Kentucky Regiment; William Leton, Com- pany K, Twentieth Tennessee; E. W. Brown, Thirty-seventh Missis- sippi; W. H. Tomlin, Sixth Florida, under your instructions, as hostages for the four Federal prisoners. He and I agreed that the Confederate prisoners should be detained in Memphis, Tenn., and be sent to me as soon as the Federal prisoners were released. I ask of you, general, a fulfillment of this promise. I am, general, very respectfully, your obedient servant, N. G. WATTS, Major and Agent Page 38 38 PRISONERS OF WAR AND STATE, ETC. [Inclosure No. 1.] U. S. STEAMER EMERALD, Near Vicksburg, Miss., November 1, 1862. Maj. N. G. WATTS, Agent for Exchange of Prisoners: SIR: I am informed by the Federal prisoners whom you have just delivered to me that four others of their fellow-prisoners were detained in close confinement by your order. I have the honor to request in behalf of my Government that you state your reasons for so detaining them. I will await your pleasure. Yery respectiully, your obedient servant, J. B. SAMPLE, Capt. and A.A. G., U.S. Vols., Agent for Exchange of Prisoners. [Inclosure No. 2.] OFFICE EXCHANGE OF PRISONERS, Vicksburg, Miss., November 2, 1862. Capt. J. B. SAMPLE, On Board Steamer Emerald, near Vicksburg, Miss.: CAPTAIN: Your letter to hand. The prisoners mentioned in your favor are detained as hostages by order of my Government, and your Government officially informed of the fact. I am, captain, most respectfully, your obedient servant, N. G. WATTS, Major, C. S. Army, and Agent for Exchange of Prisoners of War. JUDGE-ADVOCATE-GENERALS OFFICE, Washington, June 24, 1863. Brig. Gen. J. II. MARTINDALE Commanding Military District of Washington: GENERAL: Upon the case of Claggett Fitzhugh, subi~nitted to me by you, I have the honor to reply that I have examined the within papers and that my views thereon are as follows: Said Fitzhugh is now held in the Old Capitol Prison as a citizen and political prisoner, having been arrested in September, 18(42, for aiding arid abetting the enemy, acting as guide to the rebel General Longstreet, & c. He, however, claims to be treated as a prisoner of war, asserts that when captured he had been regularly enlisted in the rebel service, and as such must have been included in the exchange of prisoners here- tofore carried out between the two armies. It is admitted that if he was an enlisted man at the time of his capture he has been exchanged and should be set ~t liberty. There is no evidence whatever in the case, beyond his own assertion, that Fitzhngh was ever enlisted in the rebel service as a soldier or otherwise. On the contrary the circumstances detailed in the l)apers all go to show that he was, when arrested, acting in the character of a traitorous and disloyal citizen, and as sach giving aid and comfort to the enemy. It appears that he resided at Mont Alto, Franklin County, Pa., and had held for years a reponsible position as clerk and deputy manager of the iron-works at that place; that he had made himself thoroughly acquainted in the course of his business with the roads in Western Maryland and on the frontier of Pennsylvania; that he joined the enemy upon their invasion of the latter State 01 the I 2th of Sep- tember, and was captured the next day; that when captured he wa Page 39 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 39 mounted and armed, and acting not in the capacity of a soldier, but as guide to the ammunition train of General Longstreets command. It is not probable that an old resident of that region occupying a respect- able and responsible position in society would leave his home and his business for the purpose of enlisting as a rebel soldier. It is much more probable that he joined the enemy for the purpose of assisting them with the knowledge and information which he possessed as a citizen and as a man of intelligence and influence in the neighborhood, and the occupation in which he was engaged when captured was precisely such as his previous residence and local knowledge had best fitted him for. It appears that his loyalty had been long suspected among his fellow. citizens. Under the circumstances it is not deemed that the prisoners own statement should be held sufficient to settle his status, and in accordance with the suggestions in the within letters* it is recommended that the prisoner be returned to the authorities of Franklin County to be prosecuted under the act of Congress of July 17,1862, Chapter CXCV, or such other act as the evidence available in the case may indicate as more directly applicable to his offense. In view of the known disloyalty of Fitzhugh and his efficiency as a guide it is for the President to deter- mine whether, in case he be remanded to the civil authority during the present invasion of Pennsylvania by the rebels, it will not be expedient to mspend in his case the privilege of the writ of habeas corpus. Respectfully submitted. J. HOLT, Judge-Advocate- General. OFFICE COMMiSSARY-GENERAL OF PRISONERS, Washington, D. 0., June 24, 1863. Lieut. Col. W. II. LUDLOW, Agent for Exchange, Fort Monroe, Va.: COLONEL: A steamer will leave to-morrow with some 400 prisoners of war for delivery at City Point. I send with them a surgeon and chaplain to be delivered or not as you may think proper under the sus- pension existing of some of the provisions of the cartel. No transpor- tatioi~ conld be furnished at Philadelphia, and I have therefore sent from here the only available steamers in port to take the prisoners of war from Fort Delaware to City Point. They will be obliged to make two trips. Before the arrival of paroled prisoners from City Point I will be able to tell you how many should be delivered here. I doubt if they have as many as they represent, for nearly all the missing of Mil- roys command have come in. I send you by the captain o~the steamer another package of rolls of paroled men at Camp Chase who are to be exchanged. They are from many different regiments, and I dont see how you can classify them except by saying officers and enlisted men at Camp Chase on rolls presented. Surgeon Barnes, medical inspector, informs me that there are fre- quently more prisoners confined at Fort Norfolk than the place will accommodate without producing much sickness, and as, if I understand rightly, prisoners of war are held there only temporarily while waiting delivery at City Point under your direction, I request you will avoid crowding the fort by returning to Fort Delaware as many as it will not conveniently accommodate. If prisoners of war are held there who have been captured in that department, I should have rolls and returns Omitted Page 40 40 PRISONERS OF WAR AND STATE, ETC. of them. I am unable to say oii what terms Varner was released, nor can I say whether he has gone beyond our lines. I will inquire. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. FORT MONROE, VA., June 24, 1863. Colonel HOFFMAN, Commissary- General of Prisoners: Please delay until I again telegraph you sending the prisoners of war here from Fort Delaware. Military movement here makes this delay necessary. WM. H. LUDLOW Lieutenant- Golonel, die. HEADQIIARTEns I)EPARTMENT OF VIRGINIA, Port Monroe, June 24, 1863. Col. WILLIAM HOFFMAN, Commisscry-General of Prisoners: COLONEL: I respectfully request that lists of all prisoners and other persons sent from Washington on a flag-of-truce boat to be delivered at City Point be inspected by you, and I will instruct the officer in charge of such boat to receive no one whose name has not been ap- proved by you. An infamous outrage unknown to you was committed by sending on the last llag-oftruce boat, under the charge of Major Mulford, Third Regiment New York Volunteers, a woman, who was l)laced on board by l)etective Baker or Superintendent Wood, or both, to be sent to Rich- mond and who is a detective in their employ. I have called for a report in the case, and when made by Major Mul- ford I will forward it to the Secretary of War and will furnish you with a copy. I am, very respectfully, your obedient servant, WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners. The name of the woman as given on the roll is Ann Waters, Warrenton, Fauquier County, rebel in all carrier and contrabandist. HEADQUARTEuS DEPARTMENT OF VIRGINIA, Port Monroe, June 24, 1863. Col. WILLIAM HOFFMAN, Corn missary- General of Prisoners: COLONEL: I inclose to you for your information copies of corre- spondence* in relation to exchange of citizen prisoners and which some time ago were submitted to the Secretary of War, and has his approval. You will see how impracticable at present exchanges of citizens are and how little hope there is of any speedy removal of obstacles. The only prospect I can now see of such removal is a pressure upon the Confederate authorities by the friends of the citizen prisoners we hold. * See Ould to Ludlow, May 22, and Ludlow to Ould, May 25, Vol. Y, this series, pp. 691 and 703, respectively Page 41 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 41 It required six months hard labor for me to succeed in effecting the prisoners exchanges or releases of onr citizens held by the Confed- erates. I would recommend that you send here no more Confederate citizens until I can inform you of some prospect of obtaining equivalents for them. I am, very respectfnlly, your obedient servant, WM. II. LUDLOW, Lieutenant-Colonel and Agent for Exchange. P. S.I send also copies of correspondence* in relation to threatened retaliation on officers, which has also received the approval of the Sec- retary of War. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., June 24, 1863. Hon. ROBERT OULD, Agent of Exchange: SIR: Jn considering the Order No. 100, of 1863, U. S .War Depart- ment, entitled Instructions for the government of armies in the field, the inquiry is suggested whether it was communicated to you with any purpose of obtaining a reply from you as to the merits of the order or your assent to its provisions. It sometimes happens with nations engaged in war that besides the usual agreements relative to the exchange of prisoners, flags of truce, passports, and intercourse between armies in the field, general conventions are made for regulating the principles on which the war is to be conducted; the treatmei~tthatper- sons and property found in the territory which is the seat of the war shall experience, and how the evils of the war may be mitigated by the adoption of a positive code. The writers on international law mention such conventions as entirely legitimate; but this order seems to repudiate such a purpose by assert- ing that no conventional restriction of the modes adopted to injure the enemy is any longer admitted. Order INo. 100 is a confused, unassorted, and undiscriminating compilation from the opinion of the publicists of the last two centuries, some of which are obsolete, others repudiated; and a military commander under this code may pursue a line of conduct in accordance with principles of justice, faith, and honor, or he may justify conduct correspondent with the warfare of the bar- barous hordes who overran the Roman Empire, or who, in the Middle Ages, devastated the continent of Asia and menaced the civilization of Enrope. There is no course left us but to designate theklass of primin- ciples that meet our approbation and to distinguish those that will pro- voke retaliation. The Confederate States agree that it is incumbent npon all who are in situations to administer martial law that they should be strictly guided by the principles of justice, honor, and humanity virtues adorning a soldier even more than other men, for the very reason that he possesses the power of his arms against the unarmed and that the law of war disclaims all cruelty and bad faith concerning engagements concluded with the enemy during the war, all extortions, all transactions for individual gain, all acts of private revenge, or con- nivance at such ~ They agree that as civilization has advanced so has likewise steadily advanced, especially in war on land, the dis- tinction between the private individual belonging to a hostile country See Ould to Ludlow, May 22, and Ludlow to Ould, May 25, Vol. V, this series, pp. 690 and 702, respectively Page 42 42 PRISONERS OF WAR AND STATE, ETC. and the hostile country itself with its men in arms. The principle has been more and more acknowledged that the unarmed citizen is to be spared in person, property, and honor as much as the exigencies of war will admit. They agree that it is a violation of the laws of war and the principles of humanity to murder, enslave, or carry off to distant parts private citizens, and that the inoffensive individual should be as little disturbed in his private relations as the commander of the hostile troops can afford to grant in the overruling exigencies of a vigorous war. They agree that it was in remote times, and continues to be with vindictive, malignant, and savage armies at the present time, the rule that the private individual of the hostile country is destined to suffer every privation of liberty and protection and every disruptioii of family ties, and that in modern regular wars of the Europeans aiid portions of their descendants in other portions of the globecandor will not allow us to say all of their descendants protection of the inoffensive citizen of the hostile country is the rule, and privation and disturbance of private relations is the exception.~~ They acknowledge that when men take up arms against one another in a public war they do not cease on this account to be moral beings, responsible to one anotber and to God. These principles condemn the murder of non-combatants; the pillage of the farms and houses of persons who are not engaged in the war; the destruction of implements of husbandry, growing crops, mills, houses, fruit trees, and the filling up and destruction of ports and harbors of refuge; the expulsion of old men, women, and children, with limited supplies of money and clothing from their homes; the violation of car- tels relative to the exchange of prisoners; the detention of 1)risoners for weeks and months, and even years, after their exchange, and the incit- ing of slaves to insurrection. Had no other articles upon the mode of prosecuting the war than those been published by the Government of the United States, Order No. 100 would have been regarded as a solemn.rebuke by the compilers of its code to those military authorities by whom and to whom it is addressed of their conduct and practices during this war. The asser- tion of dogmas of another class become, therefore, necessary to afford some sort of an apology for this conduct and these practices. I proceed to state these, that the two contradictory and opposed sys- tems of what are designated as instructions, and what are selected as established rules and usages of war, may be confronted. Military necessity, says Order No. 100, admits of all direct destruction of life and limb of armed enemies, and of other persons whose destruction is incidentally unavoidable in the armed contests of th~ war; it allows of the capturing of every armed enemy, and every enemy of importance to the hostile Government, or of peculiar danger to the captor; it allows of all destruction of property, and obstruction of the ways and channels of traffic, travel, or communication, and of all withholding of sustenance or means of life from the enemy; of appropriation of whatever an enemys country affords for the subsistence and safety of the army, and of such deception as does not involve the breaking of good fhith, positively pledged, regarding agreements entered into during the war, or supposed by the modern law of war to ~ War is not carried on by arms alone. It is lawful to starve the hostile belligerents, armed or unarmed so that it leads to the speedier subjection of the enemy. Command- ers, whenever admissible, intbrm the eimemy of their intention to bom- bard a place so that non-combatants, and especially the women and children, may be removed before the bombardment commences; but i Page 43 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 43 is no infraction of the law of war to omit thus to inform the enemy. Surprise may be a necessity. These selections from the code will sufficiently discriminate the two classes of doctriiie and the opposing systems that our enemies have presented in the same instructions. The war that the United States is carrying on against the Confederate States is a war opposed to the fun- damental principle of their own Constitution. The overthrow of the principle of self-government, as recognized in the Declaration of Inde- pendence, and as embodied in the State and Federal Constitutiou of the States composing the Federal Union, which existed until 1860, is the principle which lies at the foundation of the military operations of the Federal Government. The subjugation of the Confederate States is the illegitimate object they propose to accomplish by the war. To accomplish it they have established a military despotism upon the ruins of the Constitution of the United States and have a(lopted a barbarous system of warfare on the pretext of a military necessity. It is in this code of military necessity that the acts of atrocity and vio- lence which have been committed by the officers of the United States and have shocked the moral sense of civilized nations are to find an apology and defense. The history of this war exhibits frequently the murder in cold blood of unarmed and unresisting citizens; the destruction of small towns and villages as a pastime; the removal to distant places of a large number of citizens who at~no time have been engaged with the army; the spolia- tion of farm-houses of their food, furniture, libraries, pictures, and family apparel by soldiers and in some cases by officers highest in command in the department. Men, women, and children have been expelled from their homes in the inclement weather of winter or in the darkness of night. it is shockingly true that onr enemy does not carry on war alone by arms. It is not true that any military necessity excuses system. atic and habitual departure from the laws of war first enunciated and justifies the adoption of rules contrary to them to regulate military oper- ations. Military necessity as a legislator has a supreme authority; but the range of its jurisdiction is limited. The necessity must be present, urgent, and overruling, and the acts done under it mnst afford probable means of escape from an impending danger. In such a case ordinary rules are snspended and what is fairly and reasonably done is sanctioned. Even justice and right in such cases withdraw their censorship and sway and submit temporarily to this more iml)erious authority; but no country, no government, is justified in deducing a r-ule of practice from rare and extreme instances of inex- orable or unreasoning necessity. The judgment ~nd conscience are alike perplexed in forming conclusions when measures of violence under such prompting are prescribed for their consideration, amid the historian and publicist content themselves with narrating the facts and suggesting the extenuating circumstances in such occurrences without venturing to afford them countenance or approval. The rulers or commanders who use them as l)recedents and indicate to their subordinates that there is some law of military necessity which it is competent for them to adopt as an habitual standard of conduct become particeps criminis in the atrocities that may follow and are worthy of the same degree of infamy and punishment. They cannot frame mischief into a code or make an instituted system of rules embodying the spirit of mischief under the name of a military necessity. The country that adopts as allies murder, rapine, cruelty, incendiarism, and revenge is condemned by the voice of the civilized world Page 44 44 PRISONERS OF WAR AND STATE, ETC. The war that needs such auxiliaries carries infallible marks to dis~ tinguish it as an unholy and unchristian war. The answer to these doctrines of military necessity is to be found in that title of the same code which relates to the subject of retaliation. It is not at all surprising that those who would make a law-giver of military necessity should desire the abduction or dethronement of the rule of military retaliation, and so in this code retaliation is deprecated. A malignant, unscrupulous, revengeful enemy leaves to his opponent no other means of securing himself against the repetition of barbarous outrage than is afforded by retaliation. The Confederacy acknowl- edges the obligation to employ retaliation carefully arid with circum- spectidri. The infliction of merited punishment upon notorious offenders against law and humanity should always be characterized by a judicial moderation and temperance. It should not be employed as an instru- ment of cruelty or revenge, and should not be carried any further than to produce a thorough reformation of the offending nation. To this extent the Confederate States have asserted their determina- tion to resort to it. In the military orders of this Department, bearing date August 1, 1862, the military orders of General Pope, commanding the Army of the United States in Northern Virginia, were reviewed, and the mode and measure of redress, which practices of a similar nature would provoke, plainly declared. Again, on December 24, 1862, the President of the Confederate States published his proclamation in reference to the military administration of Maj. Gen. B. F. Butler. These public and authoritative expositions by the Confederate States of the laws and usages of war may be referred to as indicative of their temper and disposition that any prac- tice on these institutes concerning necessity will iucite. The authorities who have issued Order No. 100 affect to be gov- erned in the prosecution of this war by laws not prescribed by them- selves, nor the offspring of their interest or passions, but which are derived from the usages of civilized nations, and have the sanction of the judgments of enlightened publicists. Nor do they openly contest the claim of the Confederate States to the full benefit of those laws. The employment of a servile insurrection as an instrument of war is contrary to the nsages of civilized nations, and the United States, under the counsel that prevailed in the better days of the Republic, would have regarded an attempt of the kind as dishonoring to the State or people who might be guilty of adopting it. Since the existence of American Independence every one of its States recognized negro slavery as a legal relation within its limits, and its commercial population participated in the profits of the Africaii slave-trade under the laws of the Union after the~commeucement of the present century. The ratio upon which representation in one of the branches of their Congress, and their direct taxes are apportioned, is settled with reference to the existence of a population of bondsmen within the limits of the Union. The highest judicial tribunal has determined that slavery and the slave-trade are not contrary to the law of nations, and that the volun- tary removal of slaves to a State where slavery does not exist does not prevent the renewal of the relation of master and slave on their return to the State of their domicile. The diplomatic correspondence, the solemn treaties of the United States, show reclamations for the value of escaping slaves and of slaves abducted by a military force in time of war, and the recognition of that claim by the foreign nation. At this moment the Constitution an Page 45 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 45 laws of the United States contain provisions for the return of fugitive slaves from one State to another. The principle of postliminium does not rest upon any fiction, nor is it any exceptional rule existing in the international law. The municipal laws of one State have no more authority or recognition within the limits of another than it is con- sistent with the law or policy of the latter to permit. In those States in which slavery is prohibited the claim of the for- eign master for the services or the custody of his slave whom he has imported is not recognized or enforced during his sojourn, and the slave may appeal to the civil tribunals for protection in case the attempt to maintain it is made; but the law of the State of the temporary domicile or sojourn is not recognized or enforced in the State to which the master and slave belong and the claim of the master will be upheld on his return. This proposition is exceedingly clear, and the most eminent jurists of the United States and Great Britain have sanctioned it and the texts of the Roman Pandects are consonant to it: ~~AS1j vero servus transfugerit ad hostes; quoniarn et curn casu captus e8t, dominus in co postliminium habet. The articles of the code on this subject are a specimen of pedantic impertinence without a parallel. The enlistment of negro slaves as a part of the Army of the United States cannot be regarded as having any object but one. It is a part of the system of the United States Government to subvert by violence the social system and domestic relations of the negro slaves in the Confederacy and to add to the calamities of the war a servile insurrection. The savage passions and brutal appetites of a barbarous race are to be stimulated into fierce activity. Such a war involves necessarily the abandonment of all rules, con- ventions, mitigating influences, and humanizing usages. The enemy who adopts such auxiliaries proclaims in advance his desire as well as design that the war shall be one for mutual extermination. The Con- gress of the Confederate States at their last session adopted resolutions which have the force of laws in the Confederate States. They are the only reply that the Department has to make to the articles of the code and the practice of the United States on this subject. The articles of Military Order No. 100 upon the sul~ject of the exchange or parole of prisoners require a passing notice. The persons to be considered as prisoners of war, those to be released as non-com~ batants, and the terms on which the former should be exchanged, may be regulated by cartels agreed upon by the belligerents, or in the absence of such agreements on the usages of war and the particular instructions given to the commander of the capturing force by his government. The law of nations authorize the dis~iiissaFof prisoners on their parole under promise not to carry arms for a certain time or during the continuance of the war. They affirm that a commander may make engagements with the enemy to this effect; but such engage- ments have their limits; the limits suggested are that he cannot under- take that his troops shall never bear arms again against the enemy, though he may engage that they shall not do so during the existing war, because the enemy may so long detain them in captivity. It is obviously proper that the possession of the prisoner should be com- plete, jure victoriw, by the conqueror and the spes recuperandi frus- trated. Hence the paroling of prisoners on the battlefield before the contest is ended is inoperative and void. But this Department does not consent to the claim of the United States to determine when or under what circumstances the parole of a prisoner may take place. They may punish their soldiers for giving a parole or accepting Page 46 46 PRISONERS OF WAR AND STATE, ETC. release contrary to or in the absence of their regulations; bnt the con- tract of parole being recognized as one lawful between the captor and the prisoner by the law of war, the goverum& nt of the prisoner is bound to respect a fair and reasonable contract nnder which the pris- oner has been released. In the Regulations of the Army of the United States, revised by Gen- eral Scott in 1825, the following institutes on that subject will be fonnd: (Extract from General Regulations for the Army of the United States, revised by Major-General Scott, 1825. ~ Paragraph 715, page 144. The officers among the prisoners will not, in general, be confined with the other prisoners. The general-hi-chief, or the commander of a department, may, according to instructions and the deportment of the officers, give them permission to repair, without escort, to such places and by such routes as may be designated, taking from each his parole in writing, binding him to act accordingly. Paragraph 716, page 141. Every such officer who violates his parole, by depart- ing from the route prescribed or the limits assigned him, or who, being permitted to return to his own country, shall serve against the United States or their allies, before exehaimged, or in violation of his parole given, every such officer being retaken shall, at least, be put and kept in irons, and may be otherwise punished, according to the particular circumstances of the case, the instructions of the Government, and the usages of war. N. B.General Scott in Mexico, especially at Puebla, paroled large numbers of Mexican soldiers without cartel or concert with the enemy. * * * The fact is stated in the title of Military Order No. 100 that it was proposed by a German professor, an alien by nativity to the Con- stitution, laws, and institutions of the United States. The intrinsic evidence furnished by the order itself shows that it is the handicraft of one much more familiar with the decrees of the imperial despotisms of the continent of Europe than with Magna Charta, the Petition of Right, the Bill of Right, the Declaration of Independence, and the Constitu- tion of the United States. The words war-traitor, war.rebel, are not words of an American vocabulary. Treason is defined in the Constitution of the United States; the evidence by which it is to be proved is described, and the judicial tribunals for the arraignment and trial of the traitor are estab- lished and determined by that instrument in words so plain that he that runs may read. The Constitution of the Confederate States con- tains the same provisions. It is exceedingly clear that martial law and military commissions can have no jurisdiction over one from whom allegiance is claimed because he is a traitor to the obligations that relation imposes. Imperial or military despots on the continent of Europe have employed commissions composed of military subordinates to accomplish their State policy, or gratify their revenge, but the faith- ffil historian has recorded the reproving judgment of mankind upon the injustice of the procedure. The Confederate States will perform another duty to the cause of American liberty by resisting to a bloody issue the employment of any such methods by our enemies in the course of this war in respect to any citizen of the Confederate States, either within or without the lines of the enemy, as a war-rebel or war-traitor, as defined by this order. The most prominent of the matters treated of in Order No. 100 have been noticed. There are other articles that are objectionable, and that disclose the unrelenting and vindictive spirit with which our enemies prosecute the odious purpose which they have proposed to themselves to accomplish. The accomplishment of that purpose would be th Page 47 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 47 overthrow of their own institutions, as well as of our own. The events of the war have sufficiently shown that our object has beeu to bring it to a conclusion, without impairing or weakening the institutions or principles that have come to us from our ancestors. We have not prosecuted war as an instrument of massacre or confusion, but in the maintenance of rights which were achieved for us by the expenditure of blood and treasure, and for which our fathers endured suffering and privations. We have always been ready to frame conventions to mitigate its calamities, and to render a speedy and permanent peace attainable. We shall not depart from this course unless fairly justified by the great law of self preservation, pro(luced by a fatal necessity, created by the odious measures of our adversary. JAMES A. SEDDO~, Secretary of War. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, June 24, 1863. Hon. JAMES A. SEDDON, Secretary of War: SIR: I have the honor to inclose to you three papers,* marked A, B, and C, respectively. Paper A is the Federal agents inquiry respecting the recent law in relation to negro troops and their white officers. Paper marked B is my reply and C is his rejoinder. One of the alleged facts stated in the rejoinder is positively false. I refer to the statement that negroes were delivered as prisoners of war at Aikens Landing and receipted for and counted in exchange. It is within my own knowledge that the averment is untrue. Some body servants of officers were received there but not as prisoners of war. They were not counted in exchange. The Federal agent did not at that time even ask that they should be received as prisoners of war or connted in exchange. I am not fully informed as to the other allegations made by the Federal agent. I will be happy to receive any instructions from you in relation to the whole subject-mat- ter before I answer the communication. Respectfully, your obedient servant, HO. OULD, Agent of Exchange. HEADQUARTERS DEPARTMENT OF THE CUMBE~AND, Big Spring Branch, June 25, 1863. Brig. Gen. H. S. - GRAN~ER, Nashville, Tenn.: GENERAL: The general commanding directs me in reply to your letter in reference to Major Jones, C. S. Army, to say that permission was given him to go South on his parole of hoiior with a view to effecting his exchange on account of reports which have reached the general commanding of his humanity to our wounded prisoners after the affair of Thompsons Station. Since this permission was granted general orders have beeu issued from the War Department prohibiting ex- changes of officers on account of a similar measure adopted by the Confederate authorities denying exchanges to officers in their hands. ~ See Ludlow to Ould, June 3, Vol. V, this series, p.737; Ould to Ludlow, June 12, and Ludlow to Ould, June 14, pp. 11, 17, ante Page 48 48 PRISONERS OF WAR AND STATE, ETC. The general commanding is therefore obliged to revoke the permission given Major Jones, and directs you to consider him a prisoner of war and to furnish him a copy of this letter. Very respectfully, your obedient servant, C. GODDARD, Lieutenant- Colonel and Assistant Adjutant- General. WASIIINGToN, June ~G, 1863. His Excellency the PRESIDENT OF THE UNITED STATES: The undersigned, havingbeen appointed a committee nuder the author- ity of the resolutions of the State convention held at the city of Colum- bus, Ohio, on the 11th instant, to communicate with you on the subject of the arrest and banishment of Clement L. Yallandigham, most respect- fully submit the following as the resolutions of the convention bearing upon the subject of this communication, and ask of Your Excellency their earnest consideration. And they deem it proper to state that the convention was one in which all parts of the State were represented, one of the most respectable as to numbers and character and one of the most earnest and sincere in support of the Constitution and the Union ever held in this State: Resolved, That the will of the people is the fonudation of all free government; that to give effect to this free will, free thought, free speech, and a free press are absolutely judispensable. Without free discussion there is no certainty of sound judgment; without sonud judgment there can be no wise government. 2. That it is an inherent and constitutional right of the people to discuss all incas ures of the Government, and to approve or disapprove as to their best judgment seems right. That they have a like right to propose and advocate that policy which in their judgment is best, and to argue and vote against whatever policy seems to them to violate the Constitution, to impair their liberties, or to be detrimental to their welfare. 3. That these and all other rights guaranteed to them by their constitutions are their rights in time of war as well us in time of peace, and. of far more value and necessity in war than in peace, for in peace liberty, security, and property are seldom endangered. In war they are ever in peril. 4. Tliat we now say to all whom it may concern, not by way of a threat, but calmly and firmly, that we will not surremler these rights nor submit to their forcible vio- lation. We will obey the laws ourselves and all others must obey them. 11. That Ohio will adhere to the Constitution and the Union as the bestit may be the lasthope of popular freedom, and for all wrongs which may have been com- nutted or evils which may exist will seek redress under the Constitution and within the Union by the peaceful but powerful agency of the suifrages of a free people. 14. That we will earnestly ~upport every constitutional measure tending to pre- serve the union of the States. No men have a greater interest in its preservation than we have; none desire it more; there are none who will make greater sacrifices or will endure more than we will to accomplish that end. e are as we have ever been the devoted friends of the Constitution and the Union and we have no sympathy with the enemies of either. 15. That the arrest, imprisonment, pretended trial, and actual l)anisbment of Clement L. Yallandigham, a citizen of the State of Ohio, not belonging to the land or naval forces of the United States nor to the militia in actual service, by alleged military authority, for no other pretended crime than that of uttering words of legitimate criticism upon the conduct of the Administration in power and of appeal- ing to the ballot box for a change of policysaid arrest and military trial taking place where the courts of law are open and unobstructed, and for no act done within the sphere of active military operations in carrying on the warwe regard as a pal- pable violation of the following provisions of the Constitution of the United States: 1. Congress shall make no law abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. 2. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and partica- larly describing the place to be searched and the persons or things to be seized Page 49 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 49 3. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger. 4. In all criminal proseentions, the acensed shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law. And we furthermore denounce said arrest, trial, and banishment as a direct insult offered to the sovereignty of the State of Ohio, by whose organic law it is declared that no person shall be transported out of the State for any offense committed within the same. 16. That Clement L. Vallandigham was at the time of his arrest a prominent can- didate for nomination by the Democratic party of Ohio for the office of Governor of the State; that the Democratic party was fully competent to decide whether he is a fit man for that nomination, and that the attempt to deprive them of that right by his arrest and banishment was an unmerited imputation upon their intelligence and loyalty, as well as a violation of the Constitution. 17. That we respectfully, but most earnestly, call npon the President of the United States to restore Clement L. Vallandighain to his home in Ohio, and that a committee of one from each Congressional district of the State, to be selected by the presiding officer of this convention, is hereby appointed to present this application to the President. The undersigned, in the discharge of the duty assigned them, do not think it necessary to reiterate the facts connected with the arrest, trial, and banishment of Mr. Vallandighamthey are well-known to the Presi- dent and are of public historynor to enlarge upon the positions taken by the convention, nor to recapitulate the constitutional provisions which it is believed have been contravened; they have been stated at length and with clearness in the resolutions which have beeii recited. The undersigned content themselves with brief reference to the other suggestions pertinent to the subject. They do not call upon Your Excellency as suppliants, praying the revocation of the order banishing Mr. Yallandighain as a favor, but, by the authority of a convention representing a majority of the citi- zens of the State of Ohio, they respectfully ask it as a right due to an American citizen, in whose personal injury the sovereignty and dignity of the people of Ohio as a free State have been offended. And this duty they perform more cordially from the consideration that at a time of great national emergency, pregnant with danger to our Federal Union, it is all important that the friends of the Constitution and the Union, however they may differ as to the mode of administering the Govern- ment and the measures most likely to be snccessful in the maintenance of the Constitution and the restoration of the Union, should not be thrown into conflict with each other. The arrest, unusual trial, and banishment of Mr. Yallan~ighamu have created widespread and alarming disaffection among the people of the State, not only endangering the harmony of the friends of the Consti- tution and the Union and tending to disturb the peace and tranquillity of the State, but also impairing that confidence in the fidelity of your Administration to the great landmarks of free government essential to a peaceful and successful enforcement of the laws in Ohio. You are reported to have used, in a public communication on this subject, the following language: It gave me pain when I learned that Mr. Vallandigham had been arrested; that is, I was pained that there should have seemed to be a necessity for arresting him, and that it will afford me great pleasure to discharge him ~o soon as I can by any means believe the public safety will not suffer. The undersigned assure Your Excellency from our own personal knowledge of the feelings of the people of Ohio that the public safety 4 R RSERlES II, VOL V Page 50 50 PRISONERS OF WAR AND STATE, ETC. will be far more endangered by continuing Mr. Vallandigham in exile than by releasing him. It may be true that persons differing from him in political views may be found in Ohio and elsewhere who will express a different opinion. But they are certainly mistaken. Mr. Vallandig- ham may differ with the President, and even with some of his own polit- ical party, as to the true and most effectual means of maintaining the Constitution and restoring the Union, but this difference of opinion does not prove him to be unfaithful to his duties as an American citizen. If a man, devotedly attached to the Constitution and the Union, con- scientiously believes that from the inherent nature of the Federal com- pact the war in the present condition of things in this country cannot be used ~is a means of restoring the Union, or that a war to subjugate a part of the States, or a war to revolutionize the social system in a part of the States could not restore but would inevitably result iii the final destruction of both the Constitution and the Union, is he not to be allowed the right of an American citizen to appeal to the judgment of the people for a change of policy by the constitutional remedy of the ballot box? During the war with Mexico many of the political opponents of the Administration then in power thought it their duty to oppose and denounce the war and to urge before the people of the country that it was nnjust and prosecuted for unholy purposes. With equal reason it might have been said of them that their discussious before the people were calculated to discourage enlistments, to prevent the raising of troops, and to induce desertions from the Army and to leave the Gov- ernment without an adequate military force to carry on the war. If the freedom of speech and of the press are to be suspended in time of war, then the essential element.of popular government to effect a change of policy in the constitutional mode is at an end. The freedom of speech and of the press is indispensable and necessarily incident to the nature of popular government itself. If any inconvenience or evils arise from its exercise they are unavoidable. On this subject you are reported to have said further: It is asserted, in substance, that Mr. Yallandigham was by a military commander seized and tried for no other reasons than words addressed to a public meeting in criticism of the course of the Administration and in condemnation of the military order of the general. Now, if there be no mistake about this, if there was no other reason for the arrest, then I concede that the arrest was wrong; but the arrest, I understand, was made for a very different reason. Mr. Yallandigham avows his hos- tility to the war on the part of the Union, an4 his arrest was made because he was laboring with some effect to prevent the raising of troops, to encourage desertions from the Army, and to leave the rebellion withon t an adequate military force to suppress it. He was not arrested because he was damaging. the political prospects of the Administration or the personal interests of the, commanding general, but because he was damaging the Army, upon the existence and vigor of which the life of the nation depends. He was warring upon the military, and this gave the mili- tary constitutional jurisdiction to lay hands upon him. If Mr. Yallandigham was not damaging the military power of the country, then his arrest was made on mis- take of facts, which I would be glad to correct on reasonable satisfactory evidence. In answer to this, permit us to say, first, that neither the charge nor the specifications in support of the charge on which Mr. Yallandighain was tried impute to him the act of either laboring to prevent the rais- ing of troops or to encourage desertions from the Army; secondly, no evidence on the trial was offered with a view to support any such charge. In what instance and by what act did he either discourage enlistments or encourage desertions in the Army? Who was the man who was discouraged from enlisting and who encouraged to desert by any act of Mr. Vallaudigham? If it be assumed that perchance som Page 51 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 51 person might have been discouraged from enlisting, or that some person might have been encouraged to desert on account of hearing Mr. Yal- landigharns views as to the policy of the war as a means of restoring the Union, wonid that have laid the foundation for his conviction and banishment l If so, upon the same gronnds every political opponent of the Mexican war might have been convicted and banished from the conntry. When gentlemen of high standing and extensive influence, including Your Excellency, opposed in the discussions before the ])eople the policy of the Mexican war, were they warring upon the military, and did this give the military constitutional jurisdiction to lay hands upon theml And, finally, the charge in the specifications upon which Mr. Yallandigham was tried entitled him to a trial hefore the civil tribunals, according to the express provisions of the late acts of Congress, approved by yourself July 17, 1862, and March 3, 1863, which were manifestly designed to supersede all necessity or pretext for arbitrary military arrests. The undersigned are unable to agree with you in the opinion you have expressed that the Constitution is different in time of insurrection or invasion from what it is in time of peace and public security. The Constitution provides for no limitation upon or exceptions to the guar- antees of personal liberty, except as to the writ of habeas corpus. Has the President at the time of invasion or insurrection the right to ingraft limitations or exceptions upon these constitutional guarantees whenever, in his judgment, the public safety requires itl True it is, the article of the Constitution which defines the various powers delegated to Congress declares that the privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebel- lion or invasion the publie safety requires it. But this qualification or limitation upon this restriction upon the powers of Congress has no reference to or connection with the other constitutional guarantees of personal liberty. Expunge from the Constitution this limitation upon the power of Congress to suspend the writ of habeas corpus, and yet the other guarantees of personal liberty would remain unchanged. Although a man might not have a constitutional right to have an immediate investigation made as to the legality of his arrest upon habeas corpus, yet his right to a speedy and public trial by an impar- tial jury of the State and district wherein the crime shall have been committed will not be altered; neither will his right to the exemption from cruel and unusual punishment;~~ nor his right to be secure in his person, houses, papers, and effects against unreasonable seizures and searches; nor his right not to be deprived of life, lib~rty, or prop- erty without due process of law; nor his right not to be held to answer for a capital or otherwise infamous offense unless on presentment or indictment of a grand jury, be in an~wise changed. And certainly the restriction upon the power of Congress to suspend the writ of habeas corpus in time of insurrection or invasion could not affect the guarantee that the freedom of speech and of the press shall be abridged. It is sometimes urged that the proceedings in the civil tribunals are too tardy and ineffective for cases arising in times of insurrection or invasion. It is a full reply to this to say that arrests by civil process may be equally as expeditious and effective as arrests by military orders. True, a summary trial and punishment are not allowed in the civil courts, but if the offender be under arrest and imprisoned and not entitled to a discharge on writ of habeas corpus before trial, what mor Page 52 52 PRISONERS OF WAR AND STATE, ETC. can be required for the purposes of the Government l The idea that all the constitutional guarantees of personal liberty are suspended throughout the country at a time of insurrection or invasion in any part of it places us upon a sea of uncertainty, and subjects the life, liberty, and property of every citizen to the mere will of a military commander or what he may say that he considers the public safety requires. Does Your Excellency wish to have it understood that you hold that the rights of every man throughout this vast country are sub- ject to be annulled whenever you may say that you consider the public safety requires it, in time of invasion or insurrection l You are further reported as having said that the constitutional guarantees of personal liberty have No application to the present case we have in hand, because the arrests complained of were not made for treasonthat is, not for the treason defined in the Constitution, and up on the conviction of which the punishment is deathnor yet were they made to hold persons to answer for capital or otherwise infamous crimesnor wero the proceedings following in any constitutional or legal sense criminal prosecutions. The arrests were made on totally different grounds and the proceedings following accorded with the grounds of the arrests, & c. The conclusion to be drawn from this position of Your Excellency is that where a man is liable to a criminal prosecution or is charged with a crime known to the laws of the land he is clothed with all the constitutional guarantees for his safety and security from wrong and injustice, but that where he is not liable to a criminal prosecut1on~~ or charged with any crime known to the laws if the President or any mili- tary commander shall say that he considers that the public safety requires it this man may be put outside of the pale of the constitutional guarantees and arrested without charge of crime, imprisoned without knowing what for and any length of time, or be tried before a court- martial and sentenced to any kind of punishment unknown to the laws of the land which the President or the military commander may see proper to impose. Did the Constitution intend to throw The shield of its securities around the man liable to be charged with treason as defined by it and yet leave the man not liable to any such charge unprotected by the safeguards of personal liberty and personal security ~ Can a man not in the military or naval service nor within the field of the operations of the army be arrested and imprisoned without any law of the land to authorize itl Can a man thus in civil life be punished without any law defining the offense and describing the punishment ~ If the President or a court-martial may prescribe one kind of punishment unauthorized by law, why not any other kind l Banishment is an unusual punishment and unknown to our laws. If, the President has the right to prescribe the punishment of banishment, why not that of death and confiscation of propertyl If the President has the right to change the punishment prescribed by the court-martial from imprisen. ment to banishment, why not from imprisonment to torture upon the rack or execution upon the gibbet l If an indefinable kind of constructive treason is to be introduced and ingrafted upon the Constitution unknown to the laws of the land and subject to the will of the President whenever an insurrection or an invasion shall occur in any part of this vast country, what safety or security will be left for the liberties of the people l The constructive treasons that gave the friends of freedom so many years of toil and trouble in England were inconsiderable compared to this. The precedents which you make will become a part of the Con- stitution for your successors if sanctioned and acquiesced in by the people now Page 53 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 53 The people of Ohio are willing to co-operate zealously with you in every effort warranted by the Constitution to restore the union of the States but they cannot consent to abandon those fundamental principles of civil liberty which are essential to their existence as a free people. In their name we ask that by a revocation of the order of his ban- ishinent Mr. Vallandigham may be restored to the enjoyment of those rights of which they believe he has been unconstitutionally deprived. We have the honor to be respectfully, yours, & c., M. BJIRCHARD, Chairman, 19th Dist. DAVID A. HOUK, secretary, 3d Dist. GEO. BLISS, 14th Dist. T. W. BARTLEY, 8th Dist. W. J. GORDON, 18th Dist. JOHN ONEILL, 13th Dist. C. A. WHITE, 6th Dist. W. E. FINCK, 12th Dist. ALEXANDER LONG, 2d Dist. J. W. WHITE, 16th Dist. JAS. R. MORRIS, 15th Dist. GEO. L. CONVERSE, 7th Dist. WARREN P. NOBLE, 9th Dist. GEO. H. PEINDLETON, 1st Dist. W. A. HUTCHINS, 11th Dist. ABNER L. BACKUS, 10th Dist. J. F. MoKINNEY, 4th Dist. F. C. LE BLOND, 5th Dist. LOUIS SHAEFER, 17th Dist. HEADQUARTERS DEPARTMENT OF VIRCINIA, Fort Monroe, June 26, 1863. Col. WILLIAM HOFFMAN, Commissary- (leneral of Prisoners: COLONEL: I have just received yours of the 24th instant. The rolls of paroled men at Camp Chase cannot be used iu exchange in the way you propose. They may, however, be otherwise of service. The best mode of correcting the evil of occasionally overerowdino- F with prisoners of war, who have been detained here for b ort Norfolk want of trans- portation to City Point. is to have orders issued not to send any pris- oners of war here for exchange, from Baltimore or other places, without previous notice having been given, and an opportunity afforded of stopping their.coming, unless the prisoners come on transports, which can proceed directly to City Point. To send to Fort Delaware, as you propose, any occasional excess would require the same amount of trans- portation which would take them to City Point. We have no proper place to confine prisoners of war, in any large number, in this depart- ment. I am, very respectfully, your obedient servant, WM. II. LUDLOW, Lieutenant-Colonel and Agent for Exchange. CAMP GROCE, TEXAS, June 26, 1863. Licut. Col. RICHARD B. IRWIN, Asst. Adjt. (len., Department of the (lulf, New Orleans, La.: SIR: I have the honor herewith to transmit the names and rank of the officers, non-commissioned officers, and privates held as prisoners o Page 54 54 PRISONERS OF WAR AND STATE, ETC. war in the State of Texas.* Many of them have been prisoners since the 1st day of January last, taken at the fall of Galveston, and they fear that they have been overlooked, possibly forgotten by the Govern- ment, as they have seen many Confederate officers and soldiers that have been either paroled or exchanged, returned to their homes, but as yet no intimation has been received here as to the action the United States Government has taken, if any, in reference to the prisoners of war confined in this State. We respectfully request your kind inter- ference, that we may be liberated at as early a date as possible. It may be improper to address this communication to you, sir, but we are certain that you will interest yourself in this matter and call the attention of the proper officers to the fact that a number of your officers and soldiers are prisoners in this State and anxious to be exchanged and returned to their respective commands. In the list I place Surg. A. J. Cummings name, but he is not held as prisoner of war, yet he is with us at present very unwelJ and not able to travel, but will probably start for our lines as soou as he recovers his health. I am, sir, very respectfully, your obedient servant, JOHN ROBERTS, First Lieutenant, One hundred and seventy-fifth New York Vols. [First indorsement.l HEADQUARTERS DEPARTMENT OF THE GuLF, T7ermillion, La., October 11, 1863. Respectfully referred to the War Department with an earnest request that immediate attention may be given to the exchange of these men, who are suffering greatly. N ~. BANKS, Major- General, Commanding. [Second indorsernent. 1 NOVEMBER 2, 1863. One of the first steps in the embarrassments coimnected with the sub- ject of exchange occurred at or near Galveston, to wit, the sale by the rebels of two colored lads taken prisoners with Massachusetts troops. The effect of that step on the part of the rebels has extended every- where equally, not particularly to the prisoners in Texas, who have not been overlooked. The prisoners in Texas probably suffer less than those in Richmond, both on account of the mildness of the climate and greater abundance of provisions. B. A. H~~TCIICOCK, Major- General ITols., Commissioner for Exchange of Prisoners. WAR DEPARTMENT, ADJUTANT-GENERALS OFFICE, Washington, D. C., June ~27, 1863. Maj. Gen. S. P. IIEI~TZELMAN Commanding Department of Washington: SIR: Referring to the communication of Brigadier-General Slough respecting the disposition of disloyal residents of Alexandria, the Sec- retary of War directs that you cause the persons named in the list presented by Rri~adier-General Slough (adding to this list any others of the same character who may have beemi omitted) to be sent by boat List (here omitted) contains the names of 29 officers, 17 soldiers, and 86 sailors Page 55 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 55 to Old Point Comfort to be turned over to Major-General Dix for deliv- cry at City Point. the individuals sent having the privilege of taking their families with them, with a reasonable amount of baggage. In carrying out these instructions be pleased to furnish General Dix with a list of the persons and their families. I am, sir, very respectfully, your obedient servant, B. D. TOWNSEND, Assistant Adjutant- (Jeneral. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., June 27, 1863. Lieut. Col. WILLIAM II. LUDLOW, Age~~t of Exchange: SIR: The Confederate authorities have been informed that Maj. John P. Thompson, duly authorized by the Secretary of War of the Confed- erate States to raise a battalion in the State of Kentucky, has been arrested in Owensborough, Ky., and sentenced to be shot. Will you please make the proper inquiries and ascertain if such information is correct, and also what has been done with Major Thompson? In connection with his case I again call your attention to the remon- strances I have already addressed to you in relation to the condemna- tion and execution of our officers and soldiers upon the charge of recruiting within what you call your lines or upon the pretense of their being spies. I have already communicated to you the purpose of the Confederate Government respecting such cases. Our authorities are so fully satisfied of the justice of the positions taken by them in this matter that in no instance will they swerve from them. Respectfully, your obedient servant, 110. OULD, Agent of Exchange. [JUNE 27, 1863.For the Confederate naval descent on the coast. of Maine and the capture of the party which had taken and burned the U. S. revenue cutter Caleb Cushing in Portland Harbor, see Series I, Vol. XXVII, Part II, PP. 801803, and Part 111, same volume, pp. 368, 369.1 [Ji; NE 28, 1863.For Dix to Halleck, reporting capture of General W. H. F. Lee, see Series I, Vol. XXVII, Part II, p. 794.]~ FORT MONROE, June 28, 1863. Lieutenant-Colonel SIBLEY, Deputy Quartermaster- & eneral: A large numberi of prisoners of war for delivery at City Point have been here for a week awaiting transportation. The regular flag-of- truce boat New York, which should be here, by some mist ake was ordered from Baitlinore to Annapolis. The steamer Monitor loaded with prisoners of war for City Point is in this harbor broken down. Can you not order the New York here, or Georgiana from Baltimore? There is not a steamer here to use for this service. WM. H. LUDLOW, Lieutenant. Colonel, ~c Page 56 56 PRISONERS OF WAR AND STATE, ETC. WASHINGTON, June 29, 1863. Messrs. M. BIRCHARD [arid others] : * GENTLEMEN: The resolutions of the Ohio Democratic State conven- tion which you present me together with your introductory and closing remarks, being in position and argument mainly the same as the resolu- tions of the Democratic meeting at Albany, N. Y., I refer you to my response t to the latter as meeting most of the points in the former. This i-espouse you evidently used in preparing your remarks and I desire no more than that it be used with accuracy. In a single reading of your remarks I only discovered one inaccuracy in matter which I suppose you took from that paper. It is where you say the undersigned are unable to agree with you in the opinion you have expressed that the Constitution is different iu time of insurrection or invasion from what it is in time of peace and public security. A recurrence to the paper will show you that I have not expressed the opinion you suppose. I expressed the opinion that the Constitution is different in its application in cases of rebellion or invasion involving the public safety from what it is in times of profound peace and public security; and this opinion I adhere to simply because by the Constitu- tion itself things may be done in the one case which may not be done in the other. I dislike to waste a word on a mere personal point, bat I must respectfully assure you that you will find yourselves at fault should you ever seek for evidence to prove your assumption that I opposed in discussions before the people the policy of the Mexican war. You say, Expunge from the Constitution this limitation upon the power of Congress to suspend the writ of habeas corpus and yet the other guarantees of personal liberty would remain unchanged. Doubt less if this clause of the Constitution, improperly called, as I think, a limitation upon the power of Congress, were expunged, the other guar- antees would remain the same; but the question is not how those guarantees would stand with that clause out of the Constitution, but how they stand with that clause remaining in it in case of rebellion or invasion involving the public safety. If the liberty could be indulged of expunging that clanse, letter and spirit, I really think the constitu- tional argument would be with you. My general view of this question was stated in the Albany response, and hence I do not state it now. I only add that, it seems to me, the benefit of the writ of habeas corpus is the great means through which the guarantees of personal liberty are conserved and made available in the last resort; and corroborative of this view is the fact that Mr. Yallandigham, in the very case in question, under the advice of able lawyers, saw not where else to go but to the habeas corpus. But by the Constitution the benefit of the writ of habeas corpus itself may be suspended when, in case of rebellion or invasion, the public safety may require it. You ask, in substance, whether I really claim that I may override all the guaranteed rights of individuals, on the plea of conserving the pub- lic safety, when I may choose to say the public safety requires it ~ This question, divested of the phraseology calculated to represent me as struggling for an arbitrary personal prerogative, is either simply a ques- tion who shall decide or an affirmation that nobody shall decide what the public safety does require in cases of rebellion or invasion. The See signatures to the letter of the 26th to the President, p. 48. Those names were all included in this address. I For Lincoln to Corning and others see p. 4 Page 57 CORRESPONDENCE, ETC. UNION AND CONFEDERATE. 57 Constitution contemplates the question as likely to occur for decision, but it does not expressly declare who is to decide it. By necessary implication, when rebellion or invasion comes, the decision is to be made from time to time; I think the man whom for the time the people have under the Constitution made the Commander-in-Chief of the Army and Navy is the man who holds the power and bears the responsibility of making it. If he uses the power justly, the same people will probably justify him; if he abuses it, he is in their hands to be dealt with by all the modes they have reserved to themselves in the Constitution. The earnestness with which you insist that persons can only in times of rebellion be lawfully dealt with in accordance with the rules for criminal trials and punishments in times of peace induces me to add a word to what I said on that point in the Albany response. You claim that men may, if they choose, embarrass those whose duty it is to combat a gigantic rebellion, and then be dealt with only iii turn as if there were no rebellion. The Constitution itself rejects this view. The military arrests and detentions which have been made, including those of Mr. Vallandigham, which are not different in principle from the other, have been for prevention and not for punishment as injunction to stay injury, as proceedings to keep the peace; and hence like proceedings in such cases, and for like reasons, they have not been accompanied with indictments or trials by juries, nor in a single case by any punishment whatever beyond what is purely incidental to the prevention. The original sentence of imprisonment in Mr. Yallandighams case was to prevent injury to the military service only, and the modification of it was made as a less disagreeable mode to him of securing the same prevention. I am unable to perceive an insult to Ohio in the case of Mr. Yallan- digham. Quite surely nothing of this sort was or is intended. I was wholly unaware that Mr. Yallandigham was at the time of his arrest a candidate for the Democratic nomination for governor until so informed by your reading to me the resolutions of time czmvention. I am grateful to the State of Ohio for many things, especially for the brave soldiers and officers she has given in the presemit national trial to the armies of the Union. You claim, as I understand, that according to my own position in the Albany response, MIr.V aflandigham should be released, and this because, as you claim, he has not damaged the military service by discouraging enlistments, encouraging desertions, or otherwise, and that if he had he should be turned over to the civil authorities under the recent acts of Congress. I certainly do not know that Mr. Yallandigham has spe- cifically and by dire& t language advised against enlistm~ents and in favor of desertion and resistance to drafting. We all know that coni- binations (armed in some instances) to resist the arrest of deserters began several months ago; that more recently the like has appeared in resistance to the enrollment preparatory to a draft, and that quite a number of assassinations have occurred from the same animus. These had to be met by military force, and this again has led to bloodshed and death. And now, under a sense of responsibility more weighty and endnring than any which is merely official, I solemnly declare my belief that this hindrance of the military, including maiming and mur- der, is dne to the course in which Mr. Yallandigham has been engaged in a greater degree than to any other cause, an~1 it is due to him personally in a greater degree than to any other man. These things have been notorious, knewn to all, and of course known to Mr. Yallandigham. Perhaps I would not be wrong to say that the Page 58 58 PRISONERS OF WAR AND STATE, ETC. originated with his especial friends and adherents. With perfect knowledge of them he has frequently, if not constantly, made speecbes in Congress and before popular assemblies, and if it can be shown that, with these things staring him in the face, he has ever uttered a word of rebuke or counsel against them, it will be a fact greatly in his favor with mc, and one of which as yet J am totally ignorant. When it is known that time whole burden of his speeches has been to stir up men against the prosecution of the war, and that in the midst of resist- aimce to it lie has not been known in any instance to counsel against such resistance, it is next to impossible to repel the inference that he has counseled directly in favor of it. With all this before their eyes, the convention you represent have nominated Mr. \fallandigham for governor of Ohio, and both they and you have declared the purpose to sustain the National Union by all constitutional means. But of course they and you in common reserve to yourselves to decide what are constitutional means, and, unlike the Albany meeting, yon omit to state or intimate that in your opinion an army is a constitutional means of saving the Union against a rebellion, or evemi to intimate that you are conscious of an existing rebellion being in progress with the avowed object of destroying that very Union. At the same time your nominee for governor, in whose behalf you appeal, is known to you and to the world to declare against the use of an army to suppress the rebellion. Your own attitude, therefore, encourages desertion, resistance to the draft, and the like, because it teaches those who are inclined to desert and to escape the draft to believe it is your purpose to protect them an(l to hope you will become strong enough to do so. After a short personal intercourse with you, gentlemen of the com- mittee, I cannot think you desire this elkct to follow your attitude, but 1 assure you that both friends and enemies of the Union look upomi it in this light. It is a substantial hope, and by consequence a real strength to the enemy. it is a false hope, and one which you would willingly dispel. I will make the way exceedingly easy. I send you duplicates of this letter, in order that you or a majority may if you choose indorse your names upon one of them and return it thus indorsed to me, with the understanding that those signing are hereby committed to the following propositions and to nothing else: 1. That there is now a rebellion in the United States, the object and tendency of which is to destroy the National Union, and that in your opinion an army and navy are a constitutional means for suppressing the rebellion. 2. That no one of you will do anything which in ~is own judgment will tend to hinder the increase or favor the (lecrease or lessen the efficiency of the Army and Navy while engaged in the effort to suppress the rebellion~ and ~3. That each of you will, in his sphere, do all he can to have the officers, soldiers, and seamen of the Army and Navy, while engaged in the effort to suppress the rebellion, paid, fed, and clad and otherwise well provided for and supported. And with the further understanding that upon receiving the letter and names thus indorsed I will cause them to be published, which publication shall be within itself a revocation of the order in relation to Mr. Yallandigharn. It will not escape observation that I consent to the release of Mr. Yallandigham upon terms not ~tubracing any pledge from him or from others as to what lie will or will not (10. 1 do this because lie is not present to speak for himself or to authorize others to speak for him; an Page 59 CORRESPONDENCE, ETCUNION AND CONFEDERATE. 59 hence I shall expect that on returning he will not put himself practi- cally in antagonism with his friends. Bnt I do it chiefly because I thereby prevail on other influential gentlemen of Ohio to so define their position as to be of immense value to the Armythus more than com- pensating for the con sequences of any mistake in allowing Mr. Vallan- digham to return, so that on the whole the public safety will not have suffered by it. Still, in regard to Mr. Yallandigham and all others, I must hereafter as heretofore do so much as the public service may seem to require. I have the honor to be, respectfully, yours, & c., A. LINCOLN. WAR DEPARTMENT, Washington, June 29, 1863. Colonel LUDLOW, Commissioner of Exchange, Fortress Monroe: You will exert yourself to procure the release of Richardson and Browne, Tribune reporters, captured at Vicksburg. Brownes health is sai(l to be failing. If they are held as hostages or for any special reason, ascertain and report it. EDWIN M. STANTON. HEADQITARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, June 29, 1863. Hon. E. M. STANTON, Secretary of War, Washington, D. C.: I am making every effort for release of Richardson and Browne. My first application was refused peremptorily. I have made another, the result of which I shall know and report to you on the return of the flag-of-truce boat from City Point on Thursday. They are held in retali- ation for citizens arrested and held by us. This is the assigned reason. The real reason I believe to be that they are connected with the Tribune and are held to annoy. WM. II. LUDLOW, Lieutenant- Colonel and Agent. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., June 29, 1863. Lient. Cob W. H. LUDLOW, A gent for Exchange of Prisoners ,Fort Monroe, Va.: COLONEL: Your letters of the 26th and 27th instant ard~ received. I have not heretofore understood the manner of transferring prisoners of war from Fort Monroe to City Point, and 1 have been under the impres- sion that the steamers which received them at Baltimore or this place took them directly to City I~oint after reporting to you. I believe in no case have I ordered transportation to be furnished only to Fort Monroe, and if it has been done the responsibility is on the quarter- master. I will hereafter direct that transportation be furnished to City Point, unless discharged at Fort Monroe by your order. I requested that l)risoners at Fort Norfolk be sent back to Fort Delaware, suppos- ing that the delay of delivering them grew out of other sources than a want of transportation. The steamers provided to take prisoners from Fort Delaware are to take them through to City Point. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary-General of Prisoners Page 60 60 PRISONERS OF WAR AND STATE, ETC. WAR DEPARTMENT, Washington, June 29, 1863. Colonel DIMICK, Fort Warren, Boston: If the rebel pirates taken at Portland should be sent to you for safe- keeping you will take them in charge aiid have them securely kept until farther orders. EDWIN M. STANTON, Secretary of War. BALTIMORE, June 29, 1863. Maj. Gen. H. W. HALLECK, General-jn- Chief: Three hundred and eighty men captured by Stuart have arrived at the Relay House, paroled on the river. Are such paroles regarded as binding flOW~ I have seen a newspaper statement that the commission- ers have agreed that there must be actual personal delivery by the captors at points indicated. I wait to know if I shall send these men to Annapolis. ROBERT C. SCIIENCK, Major- General. OFFICE COMMISSARY-GENERAL OF PRISONERS, lVashington, D. C., June 29, 1863. Maj. Gen. A. E. BURNSIDE, Commanding Department of the Ohio, Cincinnati, Ohio: GENERAL: It is diflicult to keep a record of prisoners of war unless they are assembled at the camps or stations appropriated to them, and I have therefore the honor to request that all prisoners of war in your department may be assembled at Louisville, Camp Morton, Camp But- ler, Camp Chase, or the Sandusky Depot, as may be found most conven- ient. Only officers and citizens, however, should be sent to Sandusky. It is not contemplated to detain them long at any place, and when the communication is not telegraphed enlisted men will be ordered from this office to be sent forward for delivery from time to time, as may be found advisable. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. HEADQUARTERS PROVOST-MARSHAL-GENERAL, DEFENSES SOUTH OF THE POTOMAC, Alexandria, Va., June 29,1863 In pursuance of an order of the War Department, you are hereby notified to appear at this office forthwith and make satisfactory proof of your loyalty to the Government of the United States of America, and failing to make such proof within forty-eight hours after receiving this notice you will be sent outside of our lines. Persons so removed will be sent by boat to City Point. Heads of families will be allowed to take their families with them, together with a reasonable amount of personal baggage, not exceeding 100 pounds, including the trunk or package, to each grown person, amid the neces- sary wearing apparel of the children accompanying them. They wil Page 61 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 61 not be allowed to take any supplies, stores, or medicines, nor any letters, correspondence, or writings of any kind whatever. All such persons to whom this notice is sent will without further order deliver their baggage at the dock, foot of Prince street, at 9 oclock Monday morning, July 6,1863, with a complete inventory of the same. All such baggage will be examined, and if contraband articles are found the entire baggage of the persou attempting to take such articles out will be confiscated, and no goods will be allowed to pass unless so delivered, examined, inventoried, and approved. They will also at or before that time send to this office a list of the members of their families who are to accompany them, with the full name and age of each person. The parties, and the members of their families accompanying them, will report at the foot of Prince street, on Tuesday morning, July 7, at 9 oclock. No person will be allowed to go on board excepting those so to be sent South. By order. H. 11. WELLS, Lieut. Got. and Prov. Mar. Gen. Defenses South of Potomac. (Copy of the above served upon all disloyal persons in Alexandria and vicinity.) OFFICE COMMISSARY-GENERAL ou PRISONERS, Surg. G. ~. PALMER, Washington, 1). C., June 29, 1863. U. S. Vols., Lincoln General Hospital, Washington, D. C.: SIR: Please hand the accompaimying package to Sister Helen Ryan, one of the Sisters of Charity at your hospital, and say to her that it has not been thought proper by the War Department to permit money of the kind inclosed to be forwarded. I regret very much the necessity for disappointin~ her very charitable and praiseworthy efforts to alle- viate to some extent the sufferings of our unfortunate friends who are lying sick and wounded in rebel hospitals, but an unavoidable State policy must be allowed to set aside the promptings of kind hearts. Please say to her that I will be very glad to forward her letters if she will omit the part in relation to the money. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third infantry and Commissary- General of Prisoners. MILITARY PRlSON, June 29, 1863. PROVOST-MARSHAL-GENERAL, DEPT. OF THE MISSOURI, Saint Louis, Mo.: SIR: I have to report that the smallpox still prevails to a consider- able extent in this prison, and will I fear comitinue to do so so long as it can have fresh subjects to operate upon. I have to request, theretore, as a matter of precaution, that no more prisoners be sent here for a few weeks, so that we may have an opportunity to rid the prison of this most loathsome disease. I am, sir, with much respect, your most obedient servant T. HENDRICKSON Major Third infantry, U. S. Army, Commanding the Prison Page 62 62 PRISONERS OF WAR AND STATE, ETC. OFFICE FOR EXCHANGE OF PRISONERS, Richmond, Va., June 29, 18G3 Respectfully returned to Lient. Col. William H. Ludlow, agent of exchange. The inclosed list* of Federal prisoners was sent to Richmond May 25, 1863, from Raleigh, N. C., charged with murder, with a request from Governor Vance of that State that they be retained in prison until the matter could be investigated and specific charges and a fall report forwarded to this office. Should this grave charge prove to be groundless these men will nevertheless be held until the large number of our own men of the same grade now in your prisons, many of whom have been declared exchanged, are delivered to us. Among this number are William H. Scott, chief engineer; Edward L. Platt, masters mate, and Capt. A. S. Parker, in prison at Fort Lafay- ette; Capt. Henry Floyd and the other officers and crew of the ferry- boat Dc Soto, in prison at Saint Louis, Mo.; Captain Cladding, at Ilil- ton Head; Pilot John M. Murray, Capt. S. Adkins and many others to whom I have more than once called your attention. HO. OULD, Agent of Exchange. WAR DEPARTMENT, Washington, June 30, 1863. Colonel LUDLOW, Fortress Monroe: The Richmond Dispatch of the 26th (Friday) of June states that eleven Yankee ladies captured at Winchester have been taken to Rich- mond and imprisoned in Castle Thunder. Please ascertain immedi- diately from the authorities at Richmond whether this statement be true. This Government has just made arrangement for sending some hundreds of rebel ladies to their homes at their own request and the wives of rebel officers have lived among us without molestation. If the statement of the Dispatch be true the Govermuent must hold rebel ladies as hostages for the Yankee ladies. Please answer early as the boat was to start from Annapolis to-ujorrow. EDWIN M. STANTON. FORT MONROE, June 30, 1863. Hon. E. M. STANTON: I will immediately ascertain from the Richmond authorities whether our women captured at Winchester have been inlirisoned in Castle Thunder. An answer cannot be obtained before the 3d or 4th of July, as three days are always required for communications to and replies from Richmond by flag-of-truce boat. WM. H. LUDLOW, Lieutenant- Colonel and Agent for Exchange of Prisoners. WAR DEPARTMENT, Washington, June 30, 1863. Major TURNER, Annapolis: For reasons that have just been brought to the notice of this Depart- ment you will not leave Annapolis until further order and will keep Omitted Page 63 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 63 the boat until you hear from me to-morrow. Acknowledge the receipt of this telegram. I have just learned that the rebels have taken some loyal women to Richmond and imprisoned them in Castle Thunder. It may become necessary to take hostages for their sath return. EDWIN M. STANTON, & cretary of War. HEADQUARTERS OF THE ARMY, Washington, D. C., June 30, 1863. Major-General SCIIENOK, Baltimore: if paroles have been given in accordance with the cartel and general orders, they are valid if not, not valid. I cannot act upon aiiy single case until I know precisely what it is. A court is investigating the cases of paroled officers who came in here. You have all the orders and instructions in relation to paroles. H. W. HALLECK, General-in- Chief HEADQUARTERS OF THE ARMY, Washington, ft C., June 30, 1863. Colonel LUDLOW, Fort Monroe: The Secretary of War directs that officers captured by General Dix be not exchanged till further orders. It is reported that rebel officers in the West have disregarded the cartel. H. W. TIALLECK, General-in- Chief. (Copy to Colonel hoffman, Commissary-General of Prisoners.) CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., Jane 30, 1863. Lient. Col. WILLIAM H. LUDLOW, Agent of Exchange: SIR: The last boat which reached City Point brought up ColoneJ Morehead but left Lieut. James Baker still at Fort Norfolk. They were captured at the same time and were both long since declared exchanged by our agreement. What is the reason for the (listinction ~ Why keep an officer whom you have declared exchanged in captivity almost within sound of your voice ~ Frequent complaints have been made to me by our returned officers as to the treatment they received whilst confined in Fort Norfolk. As many as eighteen have been huddled together in an apartment fifteen feet sqnare, with but little ventilation. They have bee ii compelled to obey the calls of nature in that same room, and the excrement was only allowed to be removed once in twenty-four hours. I have been told that you are personally cognizant of the facts. Some of the officers have informed me that they saw yon at the fort and that you were made aware of this inhuman treatment. I cannot but believe that now after you have seen these things for yourself you will take prompt steps iii the way of reform. Respectfully, your obedient servant, HO. OULD, Agent of Exchange Page 64 64 PRISONERS OF WAR AND STATE, ETC. WASHINGTON, July 1, 1863. To His Excellency the PRESIDENT OF THE UNiTED STATES: SIR: Your answer to the application of the undersigned for a revo- cation of the order of banishment of Clement L. \~~dlandigham requires a reply, which they proceed with as little delay as possible to make. They are not able to appreciate the force of the distinction you make betweeii the Constitution and the application of the Constitution whereby you assume that powers are delegated to the President at the time of invasion or insurrection in derogation to the plain language of the Constitution. The inherent provisions of the Constitution remain- ing the same in time of insurrection or invasion as in time of peace the President can have no more right to disregard their positive and imper- ative requirements at the former time than at the latter. Because some things may be done by the terms of the Constitution at the time of invasion or insurrection which would not be required by the occasion in time of peace, you assume that anything whatever, even though not expressed by the Constitution, may be done on the occasion of insur- rection or invasion which the President may choose to say is required by the public safety. In plainer terms, because the writ of habeas cor- pus may be suspended at time of invasion or insurrection, you infer that all other provisions of the Constitution having in view the protec- tion of the life, liberty, and property of the citizen may be in like man- ner suspended. The provision relating to the writ of habeas corpus being contained in the first part of the Constitution, the purpose of which is to define the powers delegated to Congress, has no connection in language with the declaration of rights as guarantees of personal liberty contained in the additional and atnendatory articles, and inasmuch as the provision relating to the habeas corpus expressly provides for its suspension and the other provisions alluded to do not provide for any such thing the legal conclusion is that the suspensionof the latter is unauthorized. The provision of the writ of habeas corpus is merely intended to fur- nish a summary remedy and not the means whereby personal security is conserved in the final resort, while the other provisions are guaran- tees of personal rights the suspension of which puts an end to all pre- tense of free government. It is true Mr. Yallandigham applied for a writ of habeas corpus as a summary remedy against oppression. But the denial of this did not take away his right to a speedy public trial by an impartial jury or deprive him of his other rights as an American citizen. Your assumption of the right to suspend all the constitutional guarantees of personal liberty, and even of the freedom of speech and of the press, because the summary remedy of habeas corpus may be suspended is at once startling and alarming to all persons desirous of preserving free government in this country. The inquiry of the undersigned whether you hold the rights of every man throughout this vast country in time of invasion or insur- rection are subject to be annulled whenever you may say that you con- sider the public safet~~ requires it a? was a plain question, undisguised by circumlocution, and intended simply to elicit information. Your affirmative answer to this question throws a shade upon the fondest anticipations of the framers of the Constitution, who flattered them- selves that they had provided safeguards against the dangers which have ever beset and overthrown free government in other ages and countries. Your answer is not to be disguised by the phraseology that the question is simply a question who shall decide, or an affirmation that nobody shall decide, what the public safety does require in cas Page 65 CORRESPONDENCE, ETC.UNJON AND CONFEDERATE. 65 of rebellion or invasion. Our Government was designed to he a gov- ernment of law, settled and defined, and not of the arbitrary will of a single man. As a safeguard the powers were delegated to the legisla- tive, execntive, and judicial branches of the Government, and each made co-ordinate with the other and supreme within its sphere, and thus a mutual check upon each other in case of abuse of power. it has been the boast of the American people that they had a writ- ten Constitution not only expressly defining, but also limitingthe powers of the Government, and providing effectual safeguards for personal liberty, security, and property. And to make the matter more positive and explicit, it was provided by the amendatory articles, IX and X, that the enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people, and that the powers not delegated to the United States by the Constitution nor prohibited by it to the State are reserved to the States respectively or to the people. With this care and forethought on the part of our forefathers who framed our institutions it was not to be expected that at so early a day as this a claim of the President to arbitrary power, limited only by his conception of the requirements of the public safety, would have been asserted. In derogati6n of the constitutional provis- ions making the President strictly an executive officer and vesting all the delegated legislative powers in Congress your position as we understand it would make your will the rule of action, and your dec- laration of the requirements of the public safety the law of the land. Our inquiry was not therefore simply a question who shall decide, or the affirmation that nobody shall decide, what the public safety requires. Our Government is a government of law and it is the law. making power which ascertaiiis what the public safety requires and prescribes the rule of action, and the duty of the President is simply to execute the laws thus enacted, and not to make or annul laws. If any exigency shall arise the President has the power to convene Con- gress at any time to provide for it, so that the plea of necessity fur- nishes no reasonable pretext for any assumption of legislative power. For a moment contemplate the consequences of such a claim to power. Not only would the dominion of the President be absolute over the rights of individuals, but equally so over the other departments of the Government. If he should claim that the public safety required it, he could arrest and imprison a judge for the conscientious discharge of his duties, paralyze the judicial power or supersede it by the substitution of courts-martial, subject to his own will, throughout the whole country. If any one of the States even far removed from the rebellion, should. not sustain his plan for prosecuting the war, lie could on the plea of public safety annul and set at defiance the State laws and authorities, arrest and imprison the Governor of the State or the members of the Legisla- ture while in the faithful discharge of their duties, or he could abso- lutely control the action either of Congress or the Supreme Court by arresting and imprisoning its members, and upon the same ground lie could suspend the elective franchise, postpone the elections, and declare the perpetuity of his high prerogative. And neither the power of impeachment nor the elections of the people could be made available against such concentration of power. Surely it is not necessary to subvert free government in this country in order to put down the rebellion, and it cannot be done under the pretense of putting down the rebellion. Indeed it is plain that your Administration has been weakened, and greatly weakened, by 1~ assumption of power not delegated in the Constitution. 5 R RSERIES IJ, VOL V Page 66 66 PRISONERS OF WAR AND STATE, ETC. In your answer you say to us: You claim that men may, if they choose, embarrass those whose duty it is to combat a giant rebellion and then be dealt with in terms as if there were no rebellion. You will find yourself in fault if you will search our communication to you for any such idea. The nudersigned believe that the Constitution and laws of the land properly administered furnish ample power to put down an insurrection without the assumption of powers not granted. And if existing legislation be inadequate it is the duty of Congress to consider what further legislation is necessary and to make suitable provision by law. You claim that the military arrests made by your Administration are merely preventive remedies, as injunctions to stay injury, or pro- ceedings to keep the peace, and not for punishment. The ordinary preventive remedies alluded to are authorized by established law, but the preventive proceedings you institute have their authority merely in the will of the Executive or that of officers subordinate to his author- ity. And iu this proceeding a discretion seems to be exercised as to whether the prisoner shall be allowed a trial or even be permitted to know the nature of the complaint alleged against him or the name of his accuser. If the proceedings be merely preventive, why not allow the prisoner the benefit of a bond to keep the peace l But if no offense has been committed, why was Mr. Yallandigham tried, convicted, and sentenced by a court-martiall And why the actual punishment by imprisonment or banishment without the opportunity of obtaining his liberty in the mode usual in preventive remedies, and yet say it is not for punishment~ N ou still place Mr. Yallandighams conviction and banishment upon the ground that he had damaged the military service by discouraging enlistments and encouraging desertions, & c., and yet you have not even pretended to controvert our position that he was not charged with, tried, or convicted for any such offense before the court-martial. In answer to our position that Mr. Yallaudigham was entitled to a trial in the civil tribunals by virtue of the late acts of Congress you say: I certainly do not know that Mr. Yallandigham has specifically and by direct language advised against enlistments and in favor of desertions and resistance to drafting, & c., and yet in a subsequent part of your answer, after speaking of certain disturbances which are alleged to have occurred in the resistance of the arrest of deserters and of the enrollment preparatory to the draft, and which you attribute mainly to the course Mr. Yallandighain has pursued, you say that he has made speeches against the war in the midst of resistance to it; that he has never been known in any instance to c6unsel against such resistance, and that it is next to impossible to repel the inference that he has counseled directly in favor of it. Permit us to say that your information is most grievously at fault. The undersigned have been in the habit of hearing Mr. Yallandig~ ham speak before popular assemblages, and they appeal with confidence to every truthful person who has ever heard him for the accuracy of the declaration that he has never made a speech before the people of Ohio in which he has not counseled submission and obedience to the laws and the Constitution, and advised the peaceful remedies of the judicial tribunes and of the ballot box for the redress of grievances and for the evils which afflict our bleeding, suffering country. And were it not foreign to the purposes of this communication we would undertake to establish to the satisfaction of any candid person that the disturbances among the people to which you allude in opposition to the arrest of deserters and the draft have been occasioned mainly b Page 67 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 67 the measures, policy, and conduct of your Administration and the course of its political friends. But if the circumstantial evidence exists to which you allude which makes it next to impossible to repel the inference that Mr. Yallandigham has counseled directly in favor of this resistaiice and that the same has been mainly attributable to his conduct, why was he not turned over to the civil authorities to be tried under the late acts of Congress ~ If there be any foundation in fact for your statements implicating him in resistance to the constituted authorities, he is liable to such prosecution. And we now demand as a mere act of justice to him an investigation of this matter before a jury of his countrymen; and respectfully insist that fairness requires either that you retract these charges which you make against him, or that you revoke your order of banishment and allow him the opportunity of an investigation before an impartial jury. The committee do not deem it necessary to repel at length the impu- tation that the attitude of themselves or of the Democratic party in Ohio encouraged desertion, resistance to the draft, and the like. Sug- gestions of that kind are not unusual weapons in onr ordinary political contests. They rise readily in the minds of politicians heated with the excitement of partisan strife. During the two years in which the Dem- ocratic party of Ohio has been constrained to oppose the policy of the Administration and to stand up in defense of the Constitution and of personal rights this charge has been repeatedly made. It has fallen harmless, however, at the feet of those whom it was intended to injure. The committee believe it will do so again. If it were proper to do so in this paper they might suggest that the measures of the Administra- tion and its changes of policy in the prosecution of the war have been the fruitful sources of discouraging enlistments and inducing desertion, and fhrnish a reason for the undeniable fact that the first call for volun- teers was answered by very many more than were demandcd, and that the next call for soldiers will probably be responded to by drafted men alone. The observation of the President in this connection that neither the convention in its resolutions nor the committee in its commnnication intimate that they are conscious of an existing rebellion being in progress with the avowed object of destroying the Union, needs per- haps no reply. The Democratic party of Ohio has felt so keenly the condition of the country and been so stricken to the heart by the mis- fortunes and sorrows which have befallen it that they hardly deemed it necessary by solemn resolution when their very State exhibited every- where the sad evidences of war to remind the President that they were aware of its existence. In the conclusion of your communication you propose that if a majority of the committee shall affix their signatures to a duplicate copy of it which you have furnished they shall stand committed to three propositions therein at length set forth, that he will publish the names thus signed and that this publication shall operate as a revocation of the order of banishment. The committee cannot refrain from the expression of their surprise that the President should make the fate of Mr. Vallandigham depend upon the opinion of this committee upon these propositions. If the arrest and banishment were legal and were deserved; if the President exercised a power clearly delegated under circumstances which warranted its exercise, the order ought not to be revoked merely because the committee hold or express opinions accord- ant with those of the President. If the arrest and banishment were not legal or were not deserved by Mr. Vallandigham, then surely he is entitled to an immediate and unconditional discharge. Page 68 68 PRISONERS OF WAR ANI) STATE, ETC. The people of Ohio were not so deeply moved by the action of the President merely because they were concerned for the personal safety and convenience of Mr. Yallandigham, but because they saw in his arrest and banishment an attack upon their own personal rights; and they attach value to his discharge chiefly as it will indicate an aban- donment of the claim to the power of such arrest and banishment. However just the undersigned might regard the principles contained in the several propositions submitted by the President, or how much soever they might, nuder other circumstances, feel inclined to indorse the sentiments contained therein, yet they assure him that they have not been authorized to enter into any bargains, terms, contracts, or condi- tions with the President of the United States to procure the release of Mr. Yallandigham. The opinion of the undersigned touching the questions involved in these propositions are well known, have been many times publicly expressed, and are sufficiently manifested in the resolutions of the convention which they represent, and they cannot suppose that the President expects that they will seek the discharge of Mr. Vallandigham by a pledge implying not only an imputation upon their own sincerity and fidelity as citizens of the United States, and also carrying with it by implication a concession of the legality of his arrest, trial, and banishment against which they and the convention they represent have solemnly protested. And while they have asked the revocation of the order of banishment, not as a favor, but as a right due to the people of Ohio, and with a view to avoid the possibility of conflict or disturbance of the public tranquillity, they do not do this, nor does Mr. Vallandigham desire it, at any sacrifice of their dignity and self-respect. The idea that such a pledge as that asked from the undersigned would secure the public safety sufficiently to compensate for any mis- take of the President in discharging Mr. Vallandigham is in their opinion a mere evasion of the grave question involved in this discus- sion and of a direct answer to their demand. And this is made espe- cially apparent by the fact that this pledge is asked in a communication which concludes with an intimation of a disposition on the part of the President to repeat the acts complained of. The undersigned therefore having fully discharged the duty enjoined upon them leave the responsibility with the President. M. BIRCHARD, 19th Dist., Chairman. DAVID A. HOUK, Secretary, 3d Dist. GEG. BLISS, 14th Dist. T. W. BARTLEY 8th Dist. W. J. GORDON, 18t1 Dist. JOHN ONEILL, 13th J)ist. C. A. WHITE, 6th Dist. W. E. F1NCK, 12th Dist. ALEXANDER LONG, 2d Dist. JAS. R. MORRlS, 15th Dist. GEG. L. CONVERSE, 7th Dist. GEG. II. PENDLETON, 1st Dist. W. A. HUTCHINS, 11th Dist. A. L. BACKUS, 10th Dist. J. F. M~KINNEY, 4th Dist. J. W. WHITE, 16th Dist. F. C. LE BLOND, 5th Dist. LOUIS SLIAEFER, 17th Dist. WARREN P. INOBLE, 9th Dist Page 69 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 69 Hon. E. M. STANTON: BALTIMORE, July 1, 1863. I understand that you suppose Mrs. Milroy to have been taken at Winchester and carried to Richmond. It is a mistake. She left Win- chester with her children early iii May and went home to Rensselaer, md. I saw her on her way and knew her before. She is a very good woman. The general received a letter from her yesterday. But there were five or six officers wives left at Winchester, among them the wife of Washburn, of Ohio. We have no knowledge of their being taken as prisoners or treated with any indignity. ROBT. C. SCHENCK, ]lfajor- General. WAR DEPARTMENT, Washington, July 1, 1863. Major-General SCHENOK, Baltimore: I knew that Mrs. Milroy was not taken prisoner. But the Richmond Dispatch of Friday states that eleven Yankee ladies wei~e taken from Winchester to Richmond and that they are imprisoned in Castle Thun- der. I have called for au explanation from the Richmond authorities. Whoever they are it is the design of the Government to protect them. EDWIN M. STANTON, Secretary of War. HEADQUARTERS, Fort Monroe, July 1, 1863. Col. J. C. KELTON, Asst. Adjt. Gen., Headquarters Army: I have the honor to acknowledge the receipt of the telegram of the General-in-Chief directing that the officers captured by Major-General Dix be not exchanged. No exchanges of Confederate officers have been made since the order of the 25th of May last forbidding paroling or exchanging such officers. Brig. Gen. W. II. Fitzhugh Lee, wounded, is in hospital here on the certificate of the medical director that he required hospital treatment. General Lee has given his parole to confine himself to the hospital and make no attempt to escape. As soon as he can be moved he will be sent to Fort Delaware, as we have no place of confinement here. His retention settles all questions about hanging our officers. In order to obviate all misunderstandings in regard to paroles I gave Mr. Ould on the 23d of May the notice, a copy of which is inclosed.* Under its operation we shall derive great advantages, as#very capture must be reduced to possession except in cases where commanders of opposing armies under the authority of article 7 of the cartel otherwise arrange. It had been the practice, especially in Kentucky and Tennessee, of the Confederate forces to parole our captured officers and men where they were unable to bring them away, and thus preserve their own force unimpaired to make more captures. If this rule of reducing cap- tures to possession be not fully understood I would respectfully suggest that it be announced in general oraers. May I ask what rebel officers in the West are reported as having disregarded the cartel, and under what circumstances~ Various other questions connecte(I with exchanges have been sub- jects of correspondence between Mr. Ould and myself. I have endeav- ored to dispose of them to the best of my judgment and ability, and I See Vol. V, this series, p. 696 Page 70 70 PRISONERS OF WAR AND STATE, ETC. have forborne to press them upon the already crowded attention of the General in-Chief. If he so desires I will forward copies. For the preseiit exchanges of officers and citizens are not made. Those of enlisted men continue. I am, very respectfully, your obedient servant, WM. H. LUDLOW, Lieutenant- Colonel and Agent for Exchange of Prisoners. MILITARY PRISON, Alton, Ill., July 1, 18G3. Col. W. HOFFMAN, Commissary- General of Prisoners, Washington, D. C.: COLONEL: I regret that I am obliged to report that the smallpox still prevails to a considerable extent in this prison, and will I fear continue to do so so long as new subjects for it to work upon are sent here for confinement. The usual preventive against the spreading of this diseasevacci- nationhas beeii extensively resorted to by the prison physician, but without the effect thus far to rid this prison entirely of this disease. There is but one way which at this time presents itself to me by which we can hope to be rid of this loathsome disease soon, and that is by not sending here any more prisoners for a mouth or so, by which time we will perhaps have gotten entirely rid of it. I have the honor to be, sir, with much respect, your most obedient servant, T. HENDRICKSON, Major Third Infantry, Commanding the Prison. [First indorsement.] Referred to the Surgeon-General for suggestions July 8, 1863. [5eeond indorsement.] Respectfully returned. I recommend that this communication be referred to the assistant surgeon-general at Saint Louis with the request that he cause the proper steps to be taken to put a stop to this disease in the AEon prison by vaccination, cleanliness, isolation, and such other means as his imme- diate presence or vicinity may suggest. I am of the impression that isolation may be accomplished without necessarily ceasing to send inmates. In any event, the assistant surgeon-general would be able to act more understandingly in the matter as to details to be pursued than any one at a distance. If the Commissary-General of Prisoners should desire it, orders in the case will be issued from this office. JOS. R. SMITH, A eting surgeon- General. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, July 1, 1863. Lient. Col. WILLIAM H. LUDLOW, Agent of Exchange: SIR: Not one of the twenty-four officers whose names have been sent to me participated in the seizure of the U: S. transport Maple Leaf.# For report of capture, see Series I, Vol. XXVII, Part II, p. 786 Page 71 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 71 The officers of the transport will say the same thing. I say further, what is not material to the matter, that no one of them knew any such thing was contemplated. I prefer, however, to adjust this whole matter when we meet. If I cannot satisfy you that these twenty-four men were justified in escap- ing without violence J will give you equivalents. What do you mean by putting officers on parole 0? Is a parole not a contract0? Is it not an obligation on one part that no act of hostility will be committed, and on the other that confinement shall cease 0? Can parole and imprisonment go together 0? When you imprison do you not revoke paroles 0? Most of these twenty-four men were told by the paroling officers that the paroles would be at an end when they reached Fortress Monroe, and that the only reason why they were asked to give a parole was that they might go without guard to that point. If I understand the matter a parole is an obligation not to bear arms if released. It is a contract. A prisoner has the right to reject it. If your doctrine is true all ought to reject it. What equivalent did you give to these officers for that parole after they reached Fortress Monroe 0? Up to that time they had little or no guard. Their imprisonment was nominal. When they reached Fortress Monroe you made it actual. You put them in places well deserving the name of dungeons, eighteen in a room fifteen feet square, with an armed sentinel always at the door. I again ask you what equivalent did you give them for their parole 0? Did you not absolve them by your own act0? Webster when he was paroled was released; he had an equivalent for his obligation. I am, however, so anxious to do justice according to your own ideas in this matter that I am disposed to abandon~my own views if you do not concur in them. Yet if you (lemand an equivalent for these officers and receive it 1 must insist that you shall state in writing what you mean by a parole and what is its force. I deem it but fair that such a statement shall be made as will show that these men were not justified in availing themselves of an opportunity to escape from your confinement when it could be done, especially without violence, actual or implied, on their part. Respectfully, your obedient servant, ItO. OULD, Agent of Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, July 1, 1863. Lient. Col. WILLIAM II. LUDLOW, Agent of Exchange: SIR: The clear understanding between us as to civiliamis was that all who had been paroled or put under any bonds or who had taken any oath of allegiance were released from condition of parole bond and oath where such civilians were delivered to their own people. It was confined to such as were released and delivered. Such is the fair and proper interpretation of paragraph 8 of notice 5. It would perhaps have been better for me to have added the word delivered after released. I did not do so because persons who were sent into our lines might not consider themselves as being deliv- ered. I have, however, assured all persons that it only embraces such persons as were delivered to me or my agents, or such as were sent into our lines. If you continue to take exception to the phraseology I will correct it in my next notice. Respectfully, your obedient servant. ItO. OULD, Agent of Exchange Page 72 72 PRISONERS OF WAR AND STATE, ETC. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, July 1, 1863. Lient. Col. WILLIAM H. LUDLOW, Agent of Exchange: SIR: In answer to your personal appeal I send to you Abram Hough- taling. If my desire to gratify you had not been very great lie would have been very differeutly dealt with. He has recently twice tried to bribe the under officers of the Libby. I think he will admit the charge. Moreover, I am very sure he is nothing but a civilian of the money- making sort. In spite of all this I send him to you. Pardon me if I cannot comply with your request as to the correspondents. Why cannot you agree to my propositions as to civilians and save heart- breaks on both sides of the linel Respectfully, your obedient servant, RO. OULD, Agent of Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, July 1, 1863. Lieut. Col. WILLIAM H. LUDLOW, Agent of Exchange: SIR: I think the captain of the John Rice misapprehended Cap- tam Thompson. The latter did not intend to be understood as threatening to detain the boat. If he did, any such act would have been entirely unauthorized and would be appropriately punished. I cannot pretend to offer any excuse for any such conduct. Everybody on board your boat is entirely under your control until delivered. Respectfully, & c., RO. OULD, Agent of Exchange. FORT MoNROE, July 2, 1863. Hon. E. M. STANTON: Forty-seven of our women and children, being all that were captured at Winchester, have just arrived here from Richmond via City Point and go to Annapolis to-night. The rebels say that they did not intend to retain them, but did not wish to send them through our lines at any other point. Abram Houghtaling, captured on the Mississippi, whose release you desired me to obtain, has been sent to me The release of Richardson and Browne is again refused on the ground of retaliation. Three thousand five hundred men and 108 officers of Milroys command have been taken to Richmond. One thousand of these were delivered at City Point and go to Annapolis to-night. Files of Richmond papers from the 23d of June to this date just received. Will be forwarded to you by the first mail. The rebels declare themselves fully prepared to meet our forces operating from the White House and to defend Richmond, and apprehend we will under- take to march by Gordonsville and Culpeper to the Potomac River, destroying their railroads and bridges after us. Extracts from Rich- mond papers of July 1 have just been sent to you. WM.H. LUDLOW, Lieutenant- Golonel and Agent for the Exchange of Prisoners Page 73 CORRESPONDENCE, ETC.IJNION AND CONFEDERATE. 73 HEADQUARTERS OF THE ARMY, Washington, July 2, 1863. Col. WILLIAM II. LUDLOW, Agent for Exchange of Prisoners, Port Monroe: COLONEL: Your dispatch of the 1st instant is received. It is stated that some of the officers and men of the colored regiments captured west of the Mississippi River have been hung by order of General Taylor, and that others (colored) have been sold into slavery nuder some pretended State authority. It is understood that General Grant has made a formal demand on General Taylor to know if these state- ments are true, and also that all such prisoners be treated in accordance with the stipulations of the cartel and the rules of civilized war.* It is also stated that a portion of Colonel Streights command captured have been refused the. right of exchange under the cartel and are improperly retained by the enemy. It is the duty of the United States to afford protection to all persons duly received into the military service, and if the enemy should violate the cartel and laws of war in the treatment of prisoners our Govern- ment will be reluctantly compelled to resort to retaliation. While we shall ask for nothing to which we are not entitled by well established laws, we cannot permit a deliberate and systematic violation of the usages of civilized warfare to pass unpunished. However much we may wish to avoid any act by which the innocent may suffer for the crimes of the guilty, there are occasions where summary retaliation must be resorted to. I am fully aware that violations of law, both civil and military, will sometimes occur under any Government or organization, and complaints are not made where the proper authorities employ all legitimate means to rebuke and punish the offenders. It is hoped that the statements I have alluded to may be incorrect or mere exaggerations, as is not unusually the case on both sides, and that the matter may be properly and satisfactorily arranged. In connection with this matter I inclose herewith a copy of a reportt of General Itosecrans upon General Braggs letter in regard to his stripping Coburns brigade of their blankets, clothing, & c. You will please again call Mr. Oulds attention to General Braggs conduct as admitted by himself. Instead of depriving prisoners of war of their clothing we have issued to them large quantities of blankets to make them comfortable amid have generally exchanged them in better condi- tion than when captured. The enemy, on the contrary, has frequently treated our troops with great inhumanity and sent them back in a con- dition utterly disgraceful to the captors. It is hoped that this matter will be properly investigated and the abuse corrected. Very respectfully, your obedient servant, H. W. HALLECK, ()eneral-in- Chief. ANNAPOLIS, July 2, 1863. Hon. E. M. STANTON, ASeeretary of War: SIR: I have the honor to report that I am here waiting orders, with 300 women amid children. I received your dispatch Tuesday evening. Answered as directed, and have received no orders since. This is sent * See Series I, Vol. XXIV, Part III, pp. 425, 443, 469. t See Vol. V, this series, p. 769 Page 74 74 PRISONJIRS 01? WAR AN1~ STATE, ETC. because the telegraph is unreliable and you may have sent orders that have not been received. Please acknowlege receipt of this. I have the honor to be, very respectfully, your obedient servant, L. C. TURNER, Judge-Advocate. WAR DEPARTMENT, Washington, July 2, 1863. Major TURNER, J~~dge-Advocate, Annapolis: Your telegram of this date received. No order has yet been sent you because I am waiting and expect to hear to-day from Richmond respect- ing the female prisoners held in Castle Thunder. The action of this Government in respect to the persons you have in charge may be influ- enced by the answer from Richmond. I sent you this morning a tele- gram respecting contraband baggage. You will remain with your boat at Annapolis until further orders. EDWIN M. STANTON. WAR DEPARTMENT, Washington, July 2, 1863. Major TURNER, Judge-Advocate, Annapolis: Colonel Ludlow reports that the Union women and children, forty- seven in number, taken to Richmond as prisoners have been released. You may therefore proceed to your destination without further delay. EDWIN M. STANTON, Secretary of War. RICHMOND, July 2, 1863. Hon. ALEXANDER H. STEPHENS, Richmond, Va.: SIR: Having accepted your patriotic offer to proceed as a military commissioner under flag of truce to Washington, you will receive here. with your letters of authority to the Commander-in-Chief of the Army and Navy of the United States. This letter is signed by me as Com- mander-in-Chief of the Confederate land and naval forces. You will perceive from the terms of the letter that it is so worded as to avoid any political difficulties in its reception. Intended exclusively as one of those communications between belligerents which J)ublic law recognizes as necessary and proper between hostile forces, care has been taken to give no pretext for refusing to receive it ~n the ground that it would involve a tacit recognition of the independence of the Confed- eracy. Your mission is simply one of humanity and has no political aspect. If objection is made to receiving your letter on the ground that it is not addressed to Abraham Lincoln as President, instead of Com- mander-in-Chief, & c., then you will present the duplicate letter, which is addressed to him as President and signed by me as President. To this latter objection may be made on the ground that I am not recog- nized to be President of the Confederacy. In this event you will decline any further attempt to confer on the subject of your mission, as such conference is admissible only on the footing of perfect equality. My recent interviews with you have put you so fully in possession of my views that it is scarcely necessary to give you any detailed instruc- tions, even were I at this time well enough to attempt it. My whole purpose is in one wordto place this war on the footing of such as ar Page 75 CORRESPONDENCE, ETC.UNION AND CONPEDERATE. 75 waged by civilized people in modern times, and to divest it of the sav- age character which has been impressed on it by onr enemies in spite of all our efforts and protests. War is full enongh of unavoidable hor- rors under all its aspects to justify and even to demand of any Christian rulers who may be unhappily engaged in carrying it on to seek to restrict its calamities and to divest it of all unnecessary seventies. You will endeavor to establish the cartel for the exchange of prisoners on such a basis as to avoid the constant difficulties and complaints which arise, and to prevent for the future what we deem the unfair condnct of onr enemies iii evading the delivery of prisoners who fall into their hands; in retarding it by sending them on circuitous routes, and by detaining them sometimes for months in camps and prisons, and in persisting in taking captives non-combatants. Your attention is also called to the unheard-of conduct of Federal officers in driving from their homes entire communities of women and children, as well as men, whom they find in districts occupied by their troops, for no other reason than because these unfortunates are faithful to the allegiance due to their States and refuse to take an oath of fidel- ity to their enemies. The putting to death of unarmed prisoners has been a ground of just complaint in more than one instance, and the recent execution of officers of our army in Kentucky for the sole cause that they were engaged on recruiting service in a State which is claimed as still one of the United States, but is also claimed by us as one of the Confederate States, must be repressed by retaliation if not uncon- ditionally abandoned, because it would justify the like execution in every other State of the Confederacy; and the practice is barbarous, uselessly cruel, and can only lead to the slaughter of prisoners on both sidesa result too horrible to contemplate without making every effort to avoid it. On these and all kindred subjects you will consider your authority full and ample to make such arrangements as will temper the present cruel character of the contest, and full confidence is placed in your judg- ment, patriotism, and discretion that while carrying out the objects of your mission you will take care that the equal rights of the Confed- eracy be always preserved. Very respectfully, JEFFERSON DAVIS. [Juclosure.] ABRAHAM LINCOLN, Commander-in- Chief of the Land and Naval Forces of the United States of America: SIR: As Commander-in-Chief of the land and naval forces now waging war against the United States I have the honor to address this comn- munication to you as Commander-in-Chief of the land and naval forces. Numerous difficulties and disputes have arisen in relation to the execution of the cartel of exchange heretofore agreed on by the bellig- erents, and the commissioners of the exchange of prisoners have been unable to adjust their differences. Their action on the subject of those differences is delayed and embarrassed by the necessity of referring each subject as it arises to superior authority for decision. I believe that I have just ground of complaint against the officers and forces under your command for breach of trust of the cartel, and being myself ready to execute it at all times in good faith I am not justified in doubt- ing the existence of the same disposition on your part. In addition to thi~ matter I have to complain of the conduct of your officers an Page 76 76 PRISONERS OF WAR AND STATE, ETC. troops in many parts of the country who violate all the rules of war by carrying on hostilities not only against armed foes but against non- combatants, aged men, women and children, while others not only seize such property as is required for the use of your troops but destroy all private property within their reach, even agricultural implements, and openly avow the purpose of seeking to subdue the population of the districts where they are operating by the starvation that must result from the destruction of standing crops and agricultural tools. Still again others of your officers in different districts have recently taken the lives of prisoners who fell into their power and justify their act by asserting a right to treat as spies the military officers and enlisted men nuder my command who may penetrate into States recog- nized by us as our allies in the warfare now waged against the United States, but claimed by the latter as having refused to engage in such warfare. I have heretofore on different occasions been forced to make com- plaints of these outrages, and to ask from you that you should either avow or disclaim having authorized them, and have failed to obtain such answer as the usages of civilized warfare require to be given in such cases. These usages justify and indeed require redress by retali- ation as the proper means of repressing such cruelties as are not per- mitted in warfare between Christian peoples. I have notwithstanding refrained from the exercise of such retaliation because of its obvious tendency to lead to war of indiscriminate massacre on both sides, which would be a spectacle so shocking to humanity and so disgraceful to the age in which we live and the religion we profess that I cannot contem- plate it without a feeling of horror that I am disinclined to doubt you would share. With the view, then, of making one last solemn attempt to avert such calamities and to attest my earnest desire to prevent them if it be pos- sible, I have selected the bearer of this letter, the Hon. Alexander II. Stephens, as a military commissioner to proceed to your headquarters under flag of truce, there to confer and agree on the subjects above men- tioned; and I do hereby authorize the said Alexander II. Stephens to arrange and settle all differences and disputes which may have arisen or may arise in the execution of the cartel for exchange of prisoners of war heretofore agreed on between our respective land and naval forces; also to prevent further misunderstandings as to the terms of said cartel, and finally to enter into such arrangement or understanding about the mode of carrying on hostilities between the belligerents as shall confine the seventies of the war within such limits as are right- fully imposed, not only by modern civilization, but by our common Christianity. IL am, very respectfully, your obedient servant JEFFERSON DAVIS, Commander-in-Chief of the Land and Naval Forces of the Confederate States of America. WASHINGTON, D. C., July 3, 1863. Lieutenant-Colonel WELLS, Provost-Marshal, Alexandria, Va.: Please report yourself to this Department on Monday at 11 a. m. with the list of disloyal persons proposed to be sent from Alexandria, sus- pending any action on the matter until further orders. EDWIN M. STANTON, Secretary of War Page 77 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 77 NAVY DEPARTMENT, Washington, July 3, 1863. Hon. E. M. STANTON, Secretary of War: SIR: I have the honor to inclose herewith a copy of a communication, dated the 29th ultimo, received from Commander W. A. Webb, late of the steamer Atlanta, relative to the quarters which have been assigned him and others, late of that vessel, and the manner in which they are treated. In reply to this communication I informed him that he with the others had been turned over to the military authorities as prisoners of war, and that this Department has not control over the police arrange- ments of Fort Lafayette. Very respectfully, GIDEON WELLES, Secretary of the Navy. [Inclosure.] FORT LAFAYETTE, N. Y. Harbor, June 29, 1863. Hon. GIDEON WELLES, Secretary of the Navy, Washington, D. C.: SIR: Myself and the rest of the officers of the C. S. S. Atlanta, lately fallen prisoners of war to the U. S. Navy under Commander Rodgers in Warsaw Sound, do most respectfully enter this our protest against our confinement in this fortress in common consort with those with whom we would not associate in civil life. We are not treated as prisoners of war. We are restricted to the coarsest fare, and are required to per- form menial offices for others as well as ourselves, which are highly repugnant to our feelings. We therefore ask that we be confined in quarters by ourselves, where we may be able to form our messes apart from the promiscuous inmates of a military prison. Respectfully, & c., W. A. WEBB, Commander, C. S. Navy, Comdg. Squadron, Savannah River. HEADQUARTERS OF THE ARMY, Washington, July 3, 1863. Major.General SCHENOK, Baltimore: GENERAL: The court of inquiry ordered by the President to report upon the validity of paroles given by certain officers captared in Mary- land last Sunday have reported that paroles so given are not binding. Their report is approved. I inclose herewith an extract~of the report for your government in like cases. A general order will be issued to-day on this subject. Very respectfully, your obedient servant, H. W. HALLECK, General-in- Chief. [InolosureExtract.] * * * * * * * 3. That inasmuch as Major was not paroled by the authorized agent or the officer in command of the opposing army and was released from captivity for the convenience of the captor and was not taken for exchange to the places and in the manner specified in article 7 of the cartel as announced in General Orders, No. 142, dated September 25, 1862, and now in force, his parole was not in compliance with general orders Page 78 78 PRISONERS OF WAR AND STATE, ETC. 4. Major s parole is not binding so as to require an exchange for the reasons given above in answer to the third point of inquiry. 5. Major. s parole not being binding and the rebel authorities having been duly notified on or about the 25th of May, 1863, through their authorized agent for the exchange of prisoners of war, that there- after no paroles would be recognized except such as were strictly in accordance with article 7 of the cartel above referred to, the Govern- ment is free to place him on duty without exchange. * * * * * * * GEO. W. CULLUM, Lieutenant. Colonel, Engineers, and Brigadier- General, President. ROBERT N. SCOTT, Captain, Fourth U. ~. Infantry, Judge-Advocate. HEADQUARTERS SIXTEENTH ARMY CORPS, Memphis, Teun., July 3, 1863. Brig. Gen. J. 11. CHALMERS, Commanding, & e.: Your note* of 30th ~ultimo1 is this day received. In reply I would state that Captain Burrow, late of Richardsons command, has escaped. He was held for murder, of which I am now satisfied he was not guilty. If CushmaiL belongs to the Confederate service, his friends will do him a favor by furnishing evidence of that fact, as he is now under sentence of death as a robber and murderer. The resignation of Joseph Carter is received and will be respected. If the Confederate Government would uniform and commission its officers much ill-feeling would be avoided. As it is every robber cap- tured in the very act of plunder claims to be a prisoner of war, and his claim is not respected, nor can it be unless he has some evidence from competent authority that he is legitimately in the service of the enemy. This evidence should be a commission for officers. As long as your forces attempt to hold and draw supplies from Panola you must expect those supplies to be destroyed. You can remedy this by leaving the country. Scattering men of all armies commit depredations, unauthorized and irregular, for which the individuals are held responsible. Your obedient servant, S. A. HUELBUT, Major- General, U. ~. Volunteers. GENERAL ORDERS, WAR DEPT., ADJT. GENERALS OFFICE, No. 207. 5 Washington, July 3, 1863. I. The attention of all persons in the military service of the United States is called to article 7 of the cartel agreed upon on the 22d of July, 1862, and published in General Orders, No. 142, September 25, 1862. According to the terms of this cartel all captures must be reduced to actual possession and all prisoners of war must be delivered at the places designated, there to be exchanged, or paroled until exchange can be effected. The only exception allowed is the case of commanders of two opposing armies, who are authorized to exchange prisoners or to release them on parole at other points mutually agreed upon by said commanders. * Not found Page 79 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 79 II. It is understood that captured officers and men have been paroled and released in the field by others than commanders of opposing armies, and that the sick and wonnded in hospitals have been so paroled and released in order to avoid guarding and removing them, which in many cases would have been impossible. Such paroles are in violation of general orders ~and the stipulations of the cartel and are null and void. They are not regarded by the enemy and will not be respected in the armies of the United States. Any officer or sol- dier who gives such parole will be returned to duty without exchange, and moreover will be punished for disobedience of orders. It is the duty of the captor to guard his prisoners, and if throngh necessity or choice he fails to do this it is the duty of the prisoner to return to the service of his Government. He cannot avoid this duty by giving an nnauthorized military parole. III. A military parole not to serve until exchanged must not be con- founded with a parole of honor to do or not to do a particular thing not inconsistent with the duty of a soldier. Thus, a prisoner of war actually held by the enemy may, in order to obtain exemption from a close guard or confinement, pledge his parole of honor that he will make no attempt to escape. Such pledges are binding upon the indi- viduals giving them; but they should seldom be given or received, for it is the duty of a prisoner to escape if able to do so. Any pledge or parole of honor extorted from a prisoner by ill-usage or cruelty is not binding. IV. The obligations imposed by the general laws and usages of war upon the non-combatant inhabitants of a section of country passed over by an invading army cease when the military occupation ceases, and any pledge or parole given by such persons in regard to future service is null and of no effect. By order of the Secretary of War: E. D. TOWNSEND, Assistant Adjutant- General. [JULY 4, 1863.For correspondence, orders, & c., relating to prisoners of war captured at Vicksburg, Miss., not found herein, see Series I, Vol. XXIV, Parts I, II, and III.] [JULY 4, 1863.For correspondence between Meade and Lee in rela- tion to the exchange of prisoners captured at Gettysburg, Pa., see Series I, Vol. XXVII, Part III, p. 514.] U. S. STEAMER MINNESOTA, Hampton Roads, July 4, 1863. Hon. GIDEON WELLES, Secretary of the Navy: The following communication is just received from Mr. Stephens, who is on the flag-of-truce boat, anchored above. I shall inform Mr. Stephens that I await your instructions before giving him an answer. C. S. STEAMER TORPEDO, On James River, July 4, 1863. Rear-Admiral S. P. LEE, U. S. Flag-ship Minnesota: SIR: As military commissioner I am the bearer of a communication in writing from Jefferson Davis, Commander-in-Chief of the land and naval forces of the Con- federate States, to Abraham Lincoln, Commander-in-Chief of the land and naval forces of the United Statesi~ Hon. Robert Ould, Confederate States agent of See July 2, p. 75 Page 80 80 PRISONERS OF WAR AND STATE, ETC. exchange, accompanies me as secretary. For the purpose of delivering the commu- nication in person and conferring upon the snbjects to which it relates I desire to proceed directly to Washington City in the steamer Torpedo, commanded by Lient. Hunter Davidson, of the C. S. Navy, no person being on board but the Hon. Mr. Ould, myself, and the boats officers and crew. Yours, most respectfully, ALEXANDER H. STEPHENS. S. P. LEE, Acting Rear-Admiral. U. S. FLAG-SHIP MiNNESOTA, Off Newport News, Va., July 4, 1863. Hon. ALEXANDER H. STEPHENS, Military Commissioner: SIR: Your communication of this date is received. I will report by telegraph your arrival and object and inform you of the result without delay. Very respectfully, yours, S. P. LEE, Actg. Rear-Admiral, Comdg. North Atlantic Blockading Squadron. FORT MONROE, VA., July 4, 1863. Hon. EDWIN M. STANTON, Secretary of War: I have just received a communication directed to the officer in com- mand of the U. S. forces here from Alexander H. Stephens, a duplicate of which was sent to Rear-Admiral Lee, and is now going over the wires to the Secretary of the Navy. In the absence of General Dix at White House I will execute any order you may give me in relation to the communication. If the per- mission asked for is given I will, with your consent, offer the services of my dispatch-boat and accompany them to Washington. The boat they came in is a small tug. WM. II. LUDLOW, Lieutenant- Colonel, d~c. WASHINGTON, July 4, 1863. Colonel LUDLOW: You will, if it has not already been done, forward to Major-General Dix by express the copy of Jeff. Davis dispatch sent~him to-day; * also my telegram of this evening,t and until you receive the Presidents instructions hold no communication with Mr. Stephens or Mr. Ould, nor permit either of them to come within our lines. Our victory is complete. Lee in full retreat. EDWIN M. STANTON, Secretary of War. BALTIMORE, July 4, 1863. Doctor HAMMOND, Surgeon- General, Washington: Mv DEAR SIR: A friend writes me that the crowded state of the prisoners at Fort Delaware and the brackishness of the drinking water is proving very fatal to the occupants. He says they are dying at the See Stanton to Dix, S a. in., Series I, Vol. XXVII, Part III, p. 529. See Stanton to Dix, 5 p, lxi., ibid., p. 529 Page 81 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 81 rate of from ten to fifteen a day. Can this be so? J advise you of it that if you find it true you may direct the means of arresting it. If suffered it will be a libel on our good name. I do not know if the matter falls within your province, but if not, I am sure you will let those who should attend to it know what is said. Let me hear from you as soon as you can conveniently. Yours, truly, ItEVEBDY JOHNSON. [Tndorsement.] SURGEON-GENERALS OFFICE, July 6, 1863. A true copy respectfully forwarded for the information of Col. W. Hoffman, Commissary-General of Prisoners. Medical Inspector Cuyler has been in structed to inspect Fort Delaware and report fully the truth of these statements. By order of the Surgeon-General: JOS. li. SMITH, & trgeon, U. S. Army. FORT MONROE, July 4, 1863. Col. WILLIAM HOFFMAN, Commissary- General of Prisoners: COLONEL: I herewith inclose to you a copy of letter just received which I desire shall be submitted to the General~in~Chief.* Please send me if possible by return mail his decision whether the proposition of Mr. Ould shall be accepted. That proposition is thus stated: As Doctor Rucker has asked to have his trial postponed, let his case remain as it is and let ns unconditionally release all other surgeons on both sides. As Doctor Ruckers trial has been postponed at his own request and it is by no means certain when he will have it, the equities of the case seem rather to favor the discharge of Dr. Green held as his hostage. There are now confined in Fort Norfolk six surgeons and in Richmond eleven surgeons awaiting a decision of this question. I am, very respectfully, your obedient servant, WM. H. LUDLOW, Lieutenant- Colonel and Agent for Exchange. [First indorsement.] JULY 6, 1863. Respectfully referred to the General-in-Chief. W. HOFFMAN. [5econd indorsement.] Were not the offenses alleged against Dr. Rucker committed in West Virginia, and therefore in territory in the military occupation of the United States ~ Colonel Hoffman will report what these alleged offenses are and where committed. II. W. HALLECK. BRIGADE HEADQUARTERS Jul Maj. Gen. N. P. BANKs, , y 4, 1863. Commanding Department of the Gulf: GENERAL: I have been informed that you have refused to recognize paroles given prisoners captured from your command. I wish to know 6 R RSERIES II, VOL VI * See June 23, p. 35. Another copy of the letter is dated July 1 Page 82 82 PRISONERS OF WAR AND STATE, ETC. if such is the case, so that I may know in future how to act when I cap- ture prisoners. I have also learned upon authority worthy of ~otice that you have threatened to have Capt. James It. Chambers, General Beaus staff; who was a prisoner in your hands and made his escape, shot if recaptured. Is this to be your policy in regard to prisoners who make their escape~i It is certainly not in accordance with military usage or civilized war- fare. I am loth to believe that you have inaugurated such policy, yet the information comes so direct and from such authority that I am, in justice to Captain Chambers and others, compelled to make this com- munication. Ii am, general, very respectfully, your most obedient servant, JNO. L. LOGAN, Colonel, Commanding Brigade, C. ~3. Troops. SPECIAL ORDERS, IIDQRS. DEPARTMENT OF HENRICO, No. 160. Richmond, July 4, 1863. * * * * * * * Vii. Capt. T. P. Turner, commanding C. S. prison, is hereby directed to select by lot from among the Federal captains now in his custody two of that number for execution. JOUN II. WINDER, Brigadier- General. LIBBY PRIsoN, July 4, 1863. Brigadier-General WINDER, C. S. Army: GENERAL: Since I saw you J have received your communication of the 11th ultimo, in which you inform me that, notwithstanding the articles of capitulation between General Forrest and myself which guaranteed the protection of private property, my money would be seized and turned over to your Governmeiit. It is not my intention at this time to call in question the justice or injustice of your decision. I only desire to call your attention again to the fact that $850 taken from me here was money which I purchased of General Forrest while a pris- oner of war, which purchase was made with money which General Forrests quartermaster had paid to my surgeons for horses. I paid $20 per hundred to the surgeons for the money. Thus you will see that of the ~850 only $170 of the amount was in my possession at the time of my capture. Certainly there can be no claim of a right to take from a prisoner of war the profits (be they great or small) of a legitimate business trans- action with his captor. I should have written you before, but as you agreed when I saw you to write General Forrest in relation to the matter, I have delayed until now, hoping you would have the necessary evidence in the case to enable you to decide understandingly. In order to avoid the necessity of troubling you again, I wish, in case you decide to retain all my money, you would state what amount, if any, of said funds you will allow me for expenses while a prisoner, as I am now much rn need of money and wish to make arrangements to replenish my purse from other sources in case you will not refund the necessary amount. Very respectfully, A. ~. STREIGHT, Colonel, U. & Army Page 83 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 83 FORT MONROE, July 5, 1863. Hon. E. M. STANTON: SIR: I have the honor to report that I delivered to the rebels at City Point Saturday p. m. and this a. m. 322 women and children; that I have here with me 191 women and children, of whom 101 are foreigners, mostly English and German. Shall I reqnire the adult foreigners to make oath that they will give no aid or comfort to the rebels ~ All citizens, of course, are required to take an oath of allegiance. No acci- dent has occurred, and thus far all is right and the imews from Pennsyl- vania joyous. I have the honor to be, very respectfully, your obedient servant, L. C. TURNER, Judge-Advocate. FORT MONROE, VA., July 5, 1863. Hon. E. M. STANTON: Your order of last evening has been executed, and the Confederate steamer is at anchor eight miles above Newport News. WM. II. LUDLOW, Lieutenant- Colonel, f~c. FORT MONROE, VA., July 5, 1863. Hon. EDWIN M. STANTON, Secretary of War: The Confederate tug Torpedo left her anchorage at 1.30 p. m. this afternoon and proceeded np the James River. Three flag-of truce boats with 1,800 Confederate prisoners of war went to City Point this morn- ing with rigid orders to have no communication on their way up with any vessel except our guard-ship and to answer no hail. WM. H. LUDLOW, Lieutenant- Colonel. WASHINGTON, D. C., July 6, 1863. Colonel ANDREWS, Commanding Fort Preble, Portland, Me.: You will please detain in your custody the rebel prisoners until fur- ther orders, for the purpose of affording an opportunity to~dentify some of them. EDWIN M. STANTON, Secretary of War. WASHINGTON, D. C., July 6, 1863. Major TURNER, Fortress Monroe: I am surprised and chagrined that you received any foreign women. You had no authority or instructions to justify it; but having received them you cannot impose the oath of allegiance. EDWIN M. STANTON, Secretary of War Page 84 84 PRISONERS OF WAR AND STATE, ETC. C. S. STEAMER ToRPEDO, Off Newport News, Va., July 6, 1863. Acting Rear-Admiral S. P. LEE SIR: Will Admiral Lee inform me, if he can, how long it will prob- ably be before an answer will be made to my note of the 4th instant? Will he please also forward the accompanying letter~ from Hon. Mr. Onid, Confederate agent of exchange, to Lient. Col. William II. Ludlow, U. S. agent of exchange? Most respectfully, ALEXANDER H. STEPHENS. NAVY DEPARTMENT, Washington, July 6, 1863. The request of Alexander II. Stephens is inadmissible. The custom- ary agents and channels are adequate for all needful military cominu- nication and conference between the [I. S. forces and the insurgents. GIDEON WELLES, Secretary of the Navy. Acting Rear-Admiral S. P. LEE, Hampton Roads: Above you have the reply of this Department to the request of A. H. Stephens. Your coursein not permitting the Torpedo to pass is approved. GIDEON WELLES, Secretary of the Navy. U. S. FLAG-SnIP MINNESOTA, Off Newport News, Va., July 6, 1863. Hon. ALEXANDER H. STEPHENS: SIR: The request contained in your communication of the 4th instant is considered inadmissible. The customary agents and channels are adequate for all needful military communications and conference between the U. S. forces and the insurgents. Very respectfully, yours, S. ~. LEE, Actg. Rear-Admiral, Gomdg. North Atlantic Blockading Squadron. HEADQUARTERS DEPARTMENT OF VIRGINIA, Port Monroe, July 6, 1863. Hon. ALEXANDER H. STEPHENS: SIR: In the temporary absence of Maj. Gen. John A. Dix, command- ing this department, I have the honor to acknowledge the receipt of your communication of the 4th instant, addressed to the officer com- manding U. S. forces, Fort Monroe, and in the execution of instructions from the Secretary of War to inform you that the request therein con- tained is deemed inadmissible. The customary agents and channels are considered adequate for all needful military communications and conferences. I am, very respectfnlly, your obedient servant WM. II. LUDLOW, Lieut. Gol. and Asst. Insp. Gen., Seventh Army Corps, Agent for Exchange of Prisoners. *Seep. 87 Page 85 CORRESPONDENCE, ETCUNION AND CONFEDERATE. 85 WAR DEPARTMENT, Washington, July 6, 1863. Col. W. II. LUDLOW, Fort ~lionroe, Va.: I inclose herewith a copy of General Orders, No. 207, current series, which you will communicate to Mr. Ould, Confederate agent for exchange of prisoners.* You will also notify Mr. Ould that it is under- stood that officers of the United States and Confederate officers have at various times and places paroled avid released prisoners of war not in conformity with the cartel, and that the Government of the United States will not recognize and will not expect the Confederate authori- ties to recognize such unauthorized paroles. Prisoners released on parole not authorized by the cartel after your notice of May 22 will not be regarded as prisoners of war and will not be exchanged. Where officers of either belligerent have released prisoners of war without the delivery specified in the cartel, either for convenience because they could not guard them, or for any other reasons, since the 22d of May, such release will be regarded as unconditional and the party released as subject to the orders of his Government without exchange the same as if he had never been captured. Very respectfully, your obedient servant, II. W. HALLECK, General-in- Chief. FORT MONROE, July 6, 1863. Col. WILLIAM HOFFMAN: Mr. Ould informs me that the charges against Doctor Rucker were horse stealing, murder, and actiug as a guide for bodies of armed men. I have had no official copy of charges. Please inform me of the decision in his case. Please answer my inquiry about delivery of Con- federate prisoners of war at Baltimore. WM. II. LUDLOW, Lieutenant- Colonel, & c. HEADQUARTERS, Baltimore, Md., July 6, 1863. Maj. Gem II. W. HALLECK, General-in-Chief: Will it be against any adopted policy of treatment for me to employ some of these rebel prisoners in work on the fortifications here instead of the negroes? So far as their learning the character of pur works no military objection exists now on that score. It. C. SCIIENCK, Major- General. WAR DEPARTMENT, Washington, July 6, 1863. Major-General SCHENCK, Baltimore, Md.: I know of no instance in which the enemy has compelled prisoners of war to work on fortifications. General KeLeys command has received their orders from these headquarters. Telegraph the entire force left at Baltimore and vicinity, including railroad guards. H. W. HALLECK, General-in- Chief *See p.78 Page 86 86 PRISONERS OF WAR AND STATE, ETC. HEADQUARTERS FIFTH MILITARY DIsTRICT, July 6, 1863. Maj. Gen. S. A. IIuRLBIJT, Commanding Sixteenth Army Corps, Memphis, Tenn.: GENERAL: Your communication of 3d instant has just been received. I forward to you the best evidence now in my possession that Captain Cushman is a Confederate officer, and will endeavor to obtain a copy of the authority granted to him by General Beauregard as soon as practicable. If my Government chooses to look to the muster-rolls and not to commissions for the rank of its officers, and they in default of better clothing choose to fight in coarse jackets, I cannot see what right your Government has to complain, provided we are ready to exchange for them at their proper rank when captured. While it is true that scattering men of all armies commit depreda- tions, I have satisfactory evidence that the depredations committed by the troops nuder Colonel Hatch were by his orders, and that greater outrages would have been committed by him in Hernando but for the intervention of the officer in command of a flag of truce there at the time, and further that he has threatened our people to treat them worse in every succeeding raid. The uniform courtesy of your notes gives evidence that these acts do not meet your approbation, and I shall expect to hear that Colonel Hatch has been held to a proper accountability; if not, he has been warned what to expect when he comes again. Your invitation to me to leave the country is very polite, but cannot be complied with at present. I must say, however, that it is an extraordinary confession on your part that you feel compelled to make war on non-combatants and destroy the subsistence of the country as a means of military defense. You will find sir that this mode of warfare will not succeed in any- thing but the bringing your Government into contempt with the civil- ized world. Southern men will subsist on acorns in defense of liberty, and every man that you burn out adds another soldier to my command. I am, general, your obedient servant, JAS. H. CHALMERS, Brigadier- General, Commanding. - HEADQUARTERS PAROLED PRISONERS, Near Annapolis, Md., July 6, 1863. Col. WILLIAM HOFFMAN, Commissary- General of Prisoners, Washington, D. C.: COLONEL: I have the honor to inclose you a list of three paroled officers which arrived here from Richmond, Va., July 3, 1863. Capt. William Gramm and Lient. Isaac A. Wade, of the Eighth Virginia Infan- try Volunteers, were taken prisoners near Guyandotte River, W. Va., by General Floyd November 25, 1862, sent to Richmond and confined as hostages in the State penitentiary from the 30th of December until 1st July, 1863; were hostages for Captain Dusky and Lieutenant Barnes [Varneri, bushwhackers or mail robbers in the Confederate service. They signed a parole July 1 and arrived at Annapolis July 3, 1863. The health of these officers is much impaired by long and close con- finement. Applications for leaves of absence will be forwarded to-day. I would respectfully recommend that they be granted. I am, colonel, very respectfully, your obedient servant, GEG. SANGSTER, Lieutenant- Colonel, Commanding Paroled Prisoners Page 87 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 87 JAMES RIVER, Flag-of-truce Boat Torpedo, July 6, 1863. Lieut. Col. WILLIAM II. LUDLOW, Agent of Exchange: SIR: I have declared exchanged all the non-commissioned officers and privates who have been delivered at City Point up to July 2 1863. I do not think you will find the total much in excess of the declara- tions you have made. At least my account makes it so. Whatever may be the excess, you can bring the exchanges to an equilibrium by a declaration on your side. Of course my declaration does not include those sent up to yesterday. Respectfully, your obedient servant, & c., HO. OULD, Agent of Exchange. 0. 5. PRISON Richmond J Brig. Gen. J. II. WINDER, , , uly 6, 1863. Commanding Department of flenrico: GENERAL: In accordance with instructions contained in Special Orders, No. 160, I have selected by lot from the entire number of Fed- eral captains confined in this prison (not including two in hospital under medical treatment) two for execution, viz, Capt. Henry Washington Sawyer, Company K, First New Jersey Cavalry; Capt. John M. Fliun, Company F, Fifty-first Indiana Infantry. I have the honor to be, general, your obedient servant, TH. P. TURNER, Captain, Commanding. [Indorsement.] JULY 7, 1863. Respectfully referred to the Secretary of War and ask instructions as to time of execution. JNO. II. WINDER, Brigadier- General. HEADQUARTERS DEPARTMENT OF THE GULF, Before Port Hudson, July 7, 1863. Maj. Gen. RICHARD TAYLOR, Commanding C. S. Forces South of Red River: SIR: I am informed that you have, under a misapprehension of the course pursued by me in similar cases, decided [to] treat certain sur- geons belonging to the forces under my command who have fallen into the hands of the forces under your command as prisoners of war. I have the honor to state that medical officers have in no instance been regarded by me, or to my knowledge, as prisoners of war, but have invariably been returned to the lines of their own forces as soon as was consistent with safety. They have in some instances been detained from that cause, but the detention has continued no longer than was warranted by the exigencies of the case. If any officer of my command has assumed to administer a parole to medical officers other than the ordinary parole not to give information, you can disregard the paroles and release the surgeons from them. In that event I respectfully request that you will inform me of your action aiid furnish me with copies of the paroles, that I may take steps to prevent a repetition of the occurrence Page 88 88 PRISONERS OF WAR AND STATE, ETC. I shall retain Assistant Surgeon Throop, One hundred and seventy~ sixth New York, and release him from his parole, unless other[wise] desired by you. Very respectfully, your obedient servant, N. P. BANKS, Major- General, Commanding. HEADQUARTERS FORT DELAWARE, July 7, 1863. Brig. Gen. M. C. MEIGs, Quartermaster-General U. ~. Army: GENERAL: I have the honor to report that I was called upon for the first time yesterday to use the new barracks lately erected at this post for prisoners 01 war. The barracks were built strictly according to contract, and as far as workmanship and material are concerned well built. Owing to the spongy nature of the soil and the rains combined, the foundation props commenced sinking as soon as I put the prisoners into them. In some places they have sunk nearly a foot, consequently the building has sunk also, thereby weakening it very materially. I am ordered to be ready to receive some 8,000 prisoners, and as soon as they are put into the building I am fearful that the building will settle so much that it will fall over, and the loss of life in all probability will be great. The new hospital ordered to be built here in all probability is to be built on the same principle, and if it is so built it will also sink. I respectfully suggest that Colonel Crosman be directed to send down an architect to examine and report as to the best possible means of secur- ing the barracks from destruction, and to put in a secure foundation to the hospital. 1 am, general, very respectftilly, your obedient servant, A. SCIIOEPF, Brigadier- General, Comrnandi~g. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., July 7, 1863. Col. J. C. KELTON, Assistant Adjutant- General, Washington, D. C.: COLONEL: Please submit the following to the General-in-Chief to show the circumstances of Doctor Ruckers arrest: He states that he was ~aptured at Summersville, Nicholas County, W. Va., on the 25th July, 1862. When that place was Ptkeu by the rebels some time previous he had, by order of Colonel Crook, guided a cavalry command from Jacksonville Depot, ou Central Railroad, to Cow Pasture bridge, which was burned. For this act he is to be tiled. General INIilroy states that in the early part of 1862, at Covington, Alleghany County, W. Va., where he then resided, he was required repeatedly to take the oath of allegiance to the rebel Government, which he always refused to do. At length a brutal quartermaster swore he should take the oath or he would kill him, and went to the doctors house and ordered him to go to his office for this purpose, and on his refusing to do so he used very insulting language toward him and struck him a violent blow with a club. On this the doctor drew a bowie knife and killed him, and immediately gave himself up to the civil authorities for trial. It appears that he was acquitted and his arrest at Summersville was subsequent to this trial Page 89 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 89 Colonel Ludlow informs me that Doctor IRucker is charged with horse stealing, murder, and acting as guide for bodies of armed men, but he does not give the time or place. Very respectfully, your obedient servant, WM. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. OFFICE COMMISSARY-GENERAL OF PRISONERS, Capt. E. M. CAMP, Washington, D. C., July 7, 1863. Assistant Quartermaster, Washington, D. C.: CAPTAiN: The Secretary of War directs that the female prisoners recently arrived from Richmond, who are now at the United States Hotel, in this city, be at once discharged, and you will therefore please notify them of this order, that they may take the necessary steps to provide for themselves. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. FORT MONROE, July 7, 1863. Col. J. C. KELTON: I respectfully ask the instruction of the General-in-Chief as to what shall be done with the many cases of prisoners of war who desire to take the oath of allegiance to the United States; also, deserters who express same desire? W. II. LUDLOW, Lieutenant- Colonel and Agent for Exchange of Prisoners. HEADQUARTERS DEPARTMENT OF VIRcUNIA, Fort Monroe, July 7, 1863. Col. J. C. KELTON, Assistant Adjutant-General: COLONEL: I have the honor to acknowledge the receipt of the com- munication of the General-in-Chief of the 2d instant, and inclosing a copy of report of General Rosecrans upon General Braggs letter.* I have before, in accordance with instructions, called the attention of the Confederate authorities to the outrages complained of, bat have not yet received from them the promised. reply. I will renew my demand. I have also demanded the release of the officers of Colonel Streights command, as per correspondence inclosedt I have also met the issue as presented by the act of the Confederate Congress, as per correspond- ence also inclosed, copies of which were furnished to the Secretary of War. 1 am informed, unofficially, that the charges against the officers of Colonel Streights command are unfounded. The Confederate authori- ties are evidently very much embarrassed as to what course to take to extricate themselves from the dilelama imposed by the passage of their act of Congress above referred to. The first sections of this act, you may recollect, nullified in express terms the proclamation of Jefferson Davis, and the subsequent sections, apparently designed as a tub to See Vol. V, this series, p. 769. I Ibid., pp. 737, 745 Page 90 90 PRISONERS OF WAR AND STATE, ETC. the whale of what they considered their popular sentiment, has com- plicated matters in relatioti to their own officers worse than before. After the escape, through the criminal negligence of the officer in charge, of the paroled Confederate officers from the steamer Maple Leaf; II gave notice to Mr. Ould that if ever recaptured, without exchange, they would be hung. In reply, he expresses a desire to settle the matter by giving their equivalents. I am, very respectfully, your obedient servant, WILLIAM II. LUDLOW, Lieutenant- Colonel and Agent for Exchange of Prisoners. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, July 7, 1863. Col. J. C. KELTON, Assistant Adjutant-General, Headquarters of the Army: COLONEL: I have the honor to acknowledge the receipt of the tele- gram of the 6th instant of the General-in-Chief directing certain com- munications to be made to Mr. Ould, agent for the exchange of prisoners, and to inform you that the instructions have been obeyed. I am, very respectfully, your obedient servant, WILLIAM II. LUDLOW, Lieutenant- Colonel and Agent Jbr Exchange of Prisoners. P. S.I have the honor also to state that since the 22d of May last it has been distinctly understood between Mr. Ould and myself that all captures must be reduced to possession and that all paroles are to be disregarded unless taken under the special arrangement of commanding officers of armies in the field as prescribed in section 7 of the cartel. WILLIAM II. LUDLOW, Lieutenant- Colonel, & e. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, July 7, 1863. Hon. ROBERT OULD, Agent for Exchange of Prisoners: SIR: I herewith inclose to you a copy of General Orders, No. 207,* - which contains some additional provisions to those mentioned in my communication to you of the 22d May last. It is understood that officers of the United States and Confederate officers have at various times and places paroled and released prisoners of war not in accord- ance with the cartel. The Government of the United States will not recognize and will not expect the Confederate authorities to recognize such unauthorized paroles. Prisoners released on parole not authorized by the cartel after my notice to you of the 22d of May will not be regarded as pris- oners of war and will not be exchanged. When prisoners of war have been released without the delivery specified in the cartel since the 22d of May last, such release will be regarded as unconditional and the prisoners released as subject to orders without exchange the same as if they had never been captured. I am, very respectfully, your obedient servant, WILLIAM II. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners. ~Seop. 78 Page 91 CORRESPONDENCE, ETC .tTNION AND CONFEDERATE. 91 FORT PREBLE, Portland, Me., July 7, 1863. Hon. E. M. STANTON: [caii guard the rebel prisoners securely. The accommodations for so many are too small. Three are now sick with typhoid fever and others threatened. GEG. L. ANDEEWS, Major kSeventeenth infantry, Commanding Post. HEADQUARTERS DEPARTMENT OF HENRICO, Richmond, July 7, 1863. Capt. CALEB SMITH, Conmdg. Exchanged and Paroled Prisoners, Petersburg, Va.: CAPTAIN: I am directed by the general commanding the department to give the following instructions for guidance: First. The duties of the commissioners of exchange are confined entirely to the exchanging and paroling of prisoners. Immediately upon the landing of prisoners they are under your control. Second. The inspection of all passes to go by flag-of-truce boat will be under your direction, and no one will be permitted to go on the flag-of truce boat, or to visit City Point for that purpose, without a pass from these headquarters or from the Secretary of War. Third. All letters going by flag of truce will pass through your hands and be closely inspected by you, and none allowed to pass except such [as] are [on] strictly private affairs. Very respectfully, your obedient servant, J. W. PEGRAM, Assistant Adjutant- General. P. S.You will see that no person be allowed to land from the flag- of-truce boat at City Point unless you are perfectly satisfied that they are all right. J. W. PEGRAM, Assistant Adjutant- General. Approved. JAMES A. SEDDON, Secretary of War. [JULY 8, 1863.For articles covering the capitulation of Port flud- son, La., and reports, correspondence, & c., relating to that event, see Series I, Vol. XXVI, Part I, p. 41 et seq. WASHINGTON, D. C., July 8, 1863. Col. W. H. LUDLOW, Fort Monroe: The Secretary of War directs that you permit such (leserters and prisoners of war as you deem it safe and proper to trust to take the oath of allegiance and go North. H. W. HALLECK, General-in- Chief. (Copy to Colonel Hoffman July 10, 1SGLI. Page 92 92 PRISONERS OF WAR AND STATE, ETC. WAR DEPARTMENT, Washington, July 8, 1863. Major-General SCHENCK, Commanding, & c.: General Schoepf telegraphs that you have ordered him to send no more prisoners to City Point. The Secretary of War desires to know why you issued this order. ED. IL S. CANBY, Brigadier. General and Assistant Adjutant- General. BALTIMORE, July 8, 1863. Brig. Gen. E. R. S. CANBY, War Department: When two or three days ago I directed General Schoepf to suspend sending prisoners of war to City Point it was because I had assurance that they would immediately on arrival be employed for defense of Richmond. I supposed this also to be the idea at the War Department when I was instructed to have accommodation for 6,000 at Fort Dela- ware. Shall I order General Schoepf to send now to City Point those he has? ROBT. C. SCHENCK, Major- General. WAR DEPARTMENT, Washington, July 8, 1863. Major-General SCHENCK, Baltimore: Your action in stopping the forwarding of prisoners to City Point is approved for the reasons mentioned by you, and your order should be continued in force under present circumstances. EDWIN M. STANTON, Secretary of War. BALTIMORE, July 8, 1863. General CANnY: I have now over 1,100 rebel prisoners. Shall I send them to Fort Delaware, or is it the policy Qf the War Department to send them at this time to City Point? IL C. SCIIENCK, Major- General. WASHINGTON, D. C., July 8, 1863. Maj. Gen. 11. C. SCHENOK, Baltimore, Md.: The Secretary of War directs that the rebel prisoners referred to in your telegram be sent to Fort Delaware. ED. R. S. CANBY, Brigadier- General. HEADQUARTERS OF THE ARMY, Washington, D. C., July 8, 1863. Major-General GRANT, Vicksburg: I fear your paroling the garrison at Yicksburg without actual deliv- ery to a proper agent, as required by the seventh article of the cartel Page 93 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 93 may be construed into an absolute release, and that these men will be immediately placed in the ranks of the enemy. Such has beeu the case elsewhere. If these prisoners have not been allowed to depart you will retain them till further orders. II. W. HALLECK, General.in- Chief. WASHINGTON, July 8, 1863. Lieut. Col. WILLIAM II. LUDLOW, Fort Monroe: COLONEL: Your letter of July 4, inclosing copy of letter of R. Ould, agent of exchange, dated July 1, in regard to the case of Doctor iRucker, is received.* As understood here, Doctor iRuckers alleged offenses were committed in West Virginia, within the territory militarily occupied at the time by the troops of the United States. If so, by the laws and usages of war the authorities at Richmond have no jurisdiction in his case. If Mr. Ould will release all our medical officers except Doctor Rucker, you will reciprocate by releasing all theirs except one to be retained as a hostage for Doctor iRucker, or if Doctor Rucker is released you will release the hostage. If it should be found that Doctor iRucker is properly retained under the cartel or found guilty and punished accord- ing to the laws and usages of war,the hostage will be given up. But if improperly retained and punished retaliation must be resorted to. Very respectfully, your obedient servant, II. W. HALLECK, General-in. Chief. WAR DEPARTMENT, Washington, July 8, 1863. Col. WILLIAM HOFFMAN, Commissary- General of Prisoners, Washington, D. C.: COLONEL: The Secretary of War instructs me to say that until further orders no Confederate prisoners of war will be sent from Fort Delaware to City Point. Very respectfully, your obedient servant, ED. iR. S. CANBY, Brigadier- General. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., July 8, 1863. Brig. Gen. JOHN S. MASON, Co~nmanding, Columbus, ohio: GENERAL: It is possible that for some time the depot at Johnsons Island will be required for officers, and perhaps some few citizens, and I therefore request you will send there from Camp Chase only rebel officers. Please notify me of the prison being crowded, that arrange- ments may be made for delivering them for exchange. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. * Two copies of Oulds letter are on the files of the War Department, one dated June 23, 1863, and the other Jnly 1, 1863. Excepting the date, they are identical Page 94 94 PRISONERS OF WAR AND STATE, ETC. FORT HAMILTON, July 8, 1863. Hon. E. M. STANTON: The attachment just issued against me has reference to the old case of the Baltimore police commissioners. It seems that the former attachment in the same casc was returned to the sheriff of the county for want of the necessary force to enable [him] to execute it; hence the present attachment, which is now in the hands of the sherilL I have to request of the Hon. E. M. Stanton, Secretary of War, that he would order Marshal Murray to arrest the lawyer that had a hand in this business and send him immediately to Fort Lafayette. MARTIN BURKE, Lieutenant- Colonel Third Artillery. RICHMOND, July 8,1863. His Excellency JEFFERSON DAVIS: SIR: Under the authority and instructions of your letter to me of the 2d instant, I proceeded on the mission therein assigned without delay. The steamer To~pedo, commanded by Lieut. Hunter Davidson, of the Navy, was put in readiness as soon as possible by order of the Secretary of the Navy and tendered for the service. At noon on the 3d she started down the James River, hoisting and bearing a flag of truce after passing City Point. The next day (the 4th) at about 1 p. in., when within a few miles of Newport News, we were met by a small boat of the enemy carrying two guns, which also raised a white flag before approaching us. The officer in command informed Lieutenant Davidson that he had orders from Admiral Lee on board the IT. S. flag-ship Minnesota, lying below and then in view, not to allow any boat or vessel to pass the point near which he was stationed without his permission. By this officer I sent to Admiral Lee a note stating my ob.jects and wishes, a copy of which is hereto annexed, marked A.* I also sent to the admiral to be forwarded another note in the same language addressed to the officer in command of the U. S. forces at Fort Monroe. The gun- boat proceeded immediately to the Minnesota with these dispatches, while the Torpedo remained at anchor. Between 3 and 4 p. m. another boat came up to us bearing the admirals answer, which is hereto annexed, marked B. t We remained at or about this point in the river until the 6th instant, when, having heard nothing further from the admiral, at 12 m. on that day I directed Lieutenant Davidson again to speak the gnn-boat on guard and to hand to the officer in command another note to the admi- ral. This was done. A copy of this note is appended, marked C. ~ At 2.30 l~ m. two boats approached us from below, one bearing an answer from the admiral to my note to him on the 4th. This answer is annexed, marked D. The other boat bore the answer of Lient. Col. W. H. Lud- low to my note of the 4th, addressed to the officer in command at Fort Monroe. A copy of this is annexed, marked E. II Lieutenant-Colonel Ludlow also came up in person in the boat that brought his answer to me and conferred with Colonel Ould on board the Torpedo upon some matters he desired to see him about in connection with the exchange of prisoners. * See Stephens to Lee, July 4, p. 79. t Lee to Stephens, July 4, p. 80. ~ Stephens to Lee, July 6, p. 84. ~ Lee to Stephens, July 6, p. 84. II Ludlow to Stephens, July 6, p. 84 Page 95 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 95 From the papers appended, embracing the correspondence referred to, it will be seen that the mission failed from the refusal of the enemy to receive or entertain it, holding the proposition for such a conference inadmissible. The influences and views that led to this determina- tion after so long a consideration of the subject must be left to con- jecture. The reason assigned for the refusal by the United States Secretary of War, to wit, that the customary agents and channels are considered adequate for all needful military communications and con- ferences, to one acquainted with the facts seems not only unsatisfactory, but very singular and unaccountable, for it is certainly known to him that the very agents to whom he evidently alludes heretofore agreed upon in former conference in reference to the exchange of prisoners (one of the subjects embraced in your letter to me), are now and have been for some time distinctly at issue on several important points. The existing cartel owing to these disagreements is virtually suspended so far as the exchange of officers on either side is concerned. Notices of retaliation have been given on both sides. The effort, therefore, for the very many and cogent reasons set forth in your letter of instructions to me to see if these differences could not be removed and if a clearer understanding between the parties as to the general conduct of the war could not be arrived at before this extreme measure should be resorted to by either party, was no less in accordance with the dictates of human- ity than in strict conformity with the usages of belligerents in modern times. Deeply impressed as I was with these views and feelings in undertaking the mission and asking the conference, I can but express my profound regret at the result of the effort made to obtain it, and I can but entertain the belief that if the conference sought had been granted mutual good could have been effected by it, and if this war, so unnatural, so unjust, so unchristian, and so inconsistent with every fun- damental princil)le of American constitutional liberty must needs continue to be waged against us, that at least some of its severer horrors, which now so eminently threaten, might have been avoided. Very respectfully, ALEXANDER H. STEPHENS. SPECIAL ORDERS, HEADQUARTERS, No. 125. Jackson, Miss., July 8, 1863. * * * * * * XIII. The general commanding has just learned that a detachment of exchanged prisoners sent to this department by Captain Grant have been induced by the misrepresentations of some designi.ig person or persons to doubt the validity of their exchange. There is no reason whatever for doing this, and the detachment is hereby directed to remain here until they can be sent in safety to the departments to which they belong. The presence and aid of such a body of men is very wel- come at such a juncture. Captain Grant will report with his command to Major-General Breckinridge for temporary duty with his division. By command of General Johnston: BEN. S. EWELL, Assistant Adjutant- General. HEADQUARTERS OF THE ARMY, Washington, D. C., July 9, 18639.40 a. m. Major-General MEADE, Army of the Potomac: If no arrangement was made between you and General Lee for the exchange and parole of prisoners of war by designating places o Page 96 96 PRISONERS OF WAR AND STATE, ETC. delivery, as provided in seventh article of cartel, no parole given by the troops of either army is valid. Please answer if any such agree- ment was made. II. W. HALLECK, General.in-Chief HEADQuARTERS ARMY OF THE POTOMAC, July 9, 1863. General H. W. HALLECK: In answer to your dispatch of 9.40 I have to state that General Lee made a proposition to me for an exchange of prisoners on the field of Gettysburg, which I declined accepting.* GEO. G. MEADE, Major- General. ALEXANDRIA, July 9, 1863. Hon. E. M. STANTON, Secretary of War: SIR: I have the honor to acknowledge the receipt of yonr telegraphic order countermanding former order upon subject of sending disloyal persons from Alexandria. Respectfully, JNO. P. SLOUGH, Brigadier- General. MILITARY PRIsON, Alton, Ill., July 9, 1863. Col. W. HOFFMAN, Commissary- General of Prisoners: - COLONEL: I beg leave respectfully to report among the recent acces- sions to this prison of 164 prisoners of war from the district provost- marshal, Memphis, Tenn., and 725 from. Helena, Ark., captured by Major-General Prentiss on the 4th instant. The first-named detachment reached here on the 7th, the latter this morning. Incomplete rolls accompanied the former; with the Helena prisoners no rolls were sent, and the officer in charge, although ordered to prepare rolls on the trip, alleges he was unable to do so by the crowded condition of the vessel. I will cause complete rolls to be immediately prepared and forwarded. I desire to direct the attention of the Commissary-General of Prisoners to a matter of much ilnl)ortance connected with the sanitary condition of the prison. Smallpox has become an almost established disease in the prison. It first appeared in December last, since which time the prison has scarcely been free from it. Three cases were reported on the evening previous to my departure for Washington. I recommended to Colonel Hildebrand the importance of having the cases at once removed to a suitable place outside of the city limits. The recoin- inendation was not acted upon (the then prison surgeon believing lie could confine the disease to the hospital), and the consequence was the malady spread with alarming rapidity. It assumed a malignant type and the mortality during the months of January, February, and part of March was fearful. The guard necessarily became affected, and the whole city was more or less affected by the contagion. Every new accession of prisoners only furnished new victims for the disease. As illustrative of its ravages, I may mention that no less than 220 cases developed themselves in the last detachment of prisoners sent to City Point, Va. * See Series I, Vol. XXVII, Part III, p. 514 Page 97 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 97 I adopted the precaution to cause every man to be vaccinated this morning as he entered the prison, but it is fair to estimate that a considerable percentage will escape its influence. Under these circumstances I deem it my duty to renew the recom- mendation and trust the Commissary-General of Prisoners will see the importance of adopting some measure to stay this fearful malady. There are at present in the prison hospital fifteen cases. I have the honor to be, very respectfully, your obedient servant, W. DE HASS, Licat. (Jot. Seventy-seventh Ohio Vol. lufty., Comdg. Mu. Prison. HEADQUARTERS OF THE ARMY, Washington, D. C., July 10, 1863. Major-General GRANT, Vieksburg: On a full examination of the question it is decided that you, as the commander of an army, were authorized to agree upon the parole and release of the garrison of Vicksburg with the general commanding the place. II. W. HALLECK, General-in- Ghief. WASHINGTON, I). C., July 10, 1863. Major-Geiieral MEADE, Army of the Potomac, Major-General SCHENOX, Baltimore, Md., Brig. Gen. L. THOMAS, Harrisburg, Pa.: It has been understood an(l agreed between Colonel Ludlow and Mr. Ould, agents for exchange of prisoners, that paroles not given as pre- scribed in section 7 of the cartel, after May 22, are to be considered as null and void, and that the officers and men of the respective parties paroled not in accordance with that section of the cartel will be returned to duty without exchange. They will be so returned to duty. H. W. HALLECK, General-in- Chi/ (Same to Colonel Hoffman July 12, aimd by Hoffman to Generals Grant and Schofield July 19, 18G3.) HEADQUARTER8 DISTRICT OF WESTERN LOUISIANA, Thibodeaux, July 10, 1863. Maj. Gen. N. P. BANKs, U. S. Army, Commanding Department of the Gulf: SIR: I have the honor to acknowledge the receipt of your communi- cation, per flag of truce, dated 7th instant. Three surgeons of my command (Messrs. Taylor, Farmer, and Jones) were held in New Orleans as prisoners of war and paroled as such. I will forward to you copies of the paroles as soon as I can obtain them. I am glad to perceive from your communication that it was not with your knowledge or approval. Assistant Surgeon Throop, if desired by you, can be retained and released from his parole. The other medical officers of your command 7 R RSERIES II, VOL V Page 98 98 PRISONERS OF WAR AND STATE, ETC. who are 110W attending your sick who are prisoners within my lines will be informed that they are released from their l)arole and will be sent into your lines. Very respectfully, your obedient servant, 11. TAYLOR, Major- General, (Jonnnanding. GENERAL ORDERS, QUARTERMASTER-GENERALS OFFICE, ~o. 11. Washington City, July 10, 1863. * * * * * * * Issues of clothing to prisoners of war by the quartermaster at sta- tions where they are confined will be made with the assistance and under the supervision of au officer detailed for the purpose, whose cer- tificate that the issue was made in his presence will be the quarter- masters voucher for the clothing issued. From the 30th of April to the 1st of October neither drawers nor socks will be issued to prisoners of war, except to the sick. (C eneral Orders, War Department, June 17, 1862. and circular of Commissary-General of Prisoners, July 7,1862.) Issues of clothing to prisoners of war will be made only at stations where such prisoners are held, unless specially ordered by the general commanding an army in the field, in which case the provisions of the foregoing paragraph must be complied with. * * * * * * * M. C. MEIGS, Quartermaster- General. SURGEoN-GENERALS OFFICE, Washington, 1). C., July 10, 1863. Hon. F. M. STANTON, Secretary of War, Washington, D. C.: SIR: I have the honor to acknowledge the receipt of your order to keep separate as far as possible the rebel wounded from those of our army and directing that the former be sent, when proper, to Point Lookout. The following action had already been taken in the case. After con- sultation with the Commissary-General of Prisoners I yesterday tele- graphed to the medical director at New York City to prepare the hos- pital at Davids Island for exclusive use as a rebel hospital. I also telegraphed the officer at Gettysburg in charge of transporta- tion to send rebel wounded to that hospital. The medical director at Philadelphia was ordered~at the same time by telegraph to prepare the hospital at Chester, Pa., for the exclusive use of the rebel wounded. The hospital at Point Lookout contains 1,400 beds, and the number of rebel wounded at Gettysburg alone is now reported by Medical Inspector Vollam to be from 8,000 to 10,000. Under these circumstances does the Secretary desire that I counter- mand the previous orders given and send rebel wounded to Point Lookout~ I am, sir, your obedient servant, JOS. It. SMITH, Aetin~g Surgeon- General. [First indorsomentI WAR DEPARTMENT, July 11, 1863. The order to send the rebel wounded to Hammond Hospital was made upon the recommendation of Major-General Schenek, but as the repor Page 99 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 99 of the Acting Surgeon-General presents facts both as to the number of the wounded and the accommodation at the hospital, not known when the order was given, the Secretary of War directs that this copy of Sur- geon Smiths communication be referred to General Schenek for rcport. The answer to the question will be reserved until thc report is received. Very respectfully, ED. B. S. CANBY, Brigadier- General and Assistant Adjutant- General. [Second ildor~ement.] IIEADQUARTERS EIGHTH ARMY CORPS, Baltimore, fitly 12, 1863. Respectfully referred to Surg. J. Simpson, medical director Eighth Army Corps, for his views, reference being also had tQ the inclosed copies of telegrams received and sent before this copy of communica- tion of Surgeon-General was received. By order of Major-General Schenek: N. L. JEPPRIES, Assistant Adjutant- General. [Third indor~eiuoiit.] MEDICAL DIRECTORS OFFICE, EIGHTH ARMY CORPS, July 12, 1863. Respectfully returned. The Hammond Hospital was recommended when it was unknown other arrangements were to be made and when the actual presence of some and anticipated arrival of many calls for l)rovision for obvious reasons outside of this city. The hospital accommodation of this department does not now exceed what may be demanded of it for our own troops. The suggestions of the Acting Surgeon-General seem to cover every indication. J. SIMPSON, Surgeon, U. S. Army, Medical Director. [Fourth indor~emcnt.] HEADQUARTERS MIDDLE DEPARTMENT, Baltimore, July 13, 1863. Respectfully returned to the Secretary of War, with information con- tained in indorsement of Surgeon Simpson, medical director. Perhaps for the reasons given by him it will be better to abandon the idea of establishing Point Lookout as a hospital for rebels. If ~o more sick and wounded rebels are to be sent here at present, we will collect and keep those that we receive in one of the hospitals in or near this city. ROI3T. C. SCIIENCK, Major- General, Commanding. WASHINGTON, ID. C., July 10, 1863. Licut. Col. MARTIN BURKE, Fort hamilton, N. Y. Harbor: SIR: Your dispatch of yesterday is received and referred to me. Allow no arrests to be made within Fort Hamilton. Have you received my letter of yesterday relating to your previous dispatch ~ Report the facts fully and names of all parties concerned. WILLIAM WHITING, Solicaor of the War De~partment Page 100 100 PRISONERS OF WAR AND STATE, ETC. FORT LAFAYETTE, N. Y. Harbor, July 10, 1863. WILLIAM WHITING, Esq., Solicitor of the War Department, Washington, D. C.: SIR: Your letter of the 9th instant and telegraph of this date have been received, and in reply I would respectfully say that the ease for which the attachment has been issued against me is that of the Balti- more police commissioners, which was before the courts nearly two years ago. It has been revived by Algernon li. Wood, Gideon J. Tucker, and J. C. Van Loon, lawyers of Brooklyn. F. J. Dallon, also a lawyer of Brooklyn, accompanied the sheriff of Kings County when he came to Fort Hamilton to arrest me on yesterday. I inclose a slip cut from the Herald and one from the Brooklyn Eagle which will bring the case before you. Mr. Wood has been very officious and troublesome in this matter, therefore I would most respectfully request the President to cause the arrest of these parties and send them to Key West. Very respectfully, your obedient servant, MARTIN BURKE, Commanding Fort. [Thelosure No. 1.Extract from Brooklyn Eagle, Friday evening, July 10.] TEE BALTIMORE POLICE COMMISSIONERS CASECOLONEL BURKE REFUSES TO COME INTO COURTCONFLICT BETWEEN THE STATE AND FEDERAL AUTHORITIES. It will be remembered that two years ago Colonel Burke, at present commandant at Fort Hamilton, was instructed by the authorities at Washington to resist the execution of a writ of habeas corpus issued out by the county court of Kings County on behalf of the Baltimore police commissioners, who were then confined in Fort Lafayette by order of the Government. At that time the military power of the State was wielded by the Republican party, who took no steps to have the legal ~iuthority of the State respected by the General Government, and there the matter was allowed to rest nntil the counsel in the case made appli- cation to the county court a short time ago for an alias attachment to compel the appearance in said court of Colonel Burke to show cause why he set the laws of the sovereign State of New York at defiance. Judge Garrison, after a careful examination of the points involved in the case, issued, on the 7th instant, the following, and placed it in the hands of the sheriff for execution: The People of the State of Yew York to the Sheriff of the County of Kings: We command you, as we before commanded you, forthwith to apprehend and attach Col. Martin Burke, of Port Hamilton, in the said county of Kings, and to bring him immediately before our county judge of the said county, at the chambers of the said county court, in the city hail, in the city of Brooklyn, to answer for his contempt in not obeying a certain writ of habeas corpus to him directed and on him (lilly served on the relation of Algernon R. Wood, and have you then there this writ of attachment. Witness the Hon. Samuel Garrison, county judge of our snid county of Kings, at the city hail, in the said city of Brooklyn, this 7th day of July, 1863. SAMUEL GARRISON, County Judge. J. N. STEARNS, Clerk. JOHN C. VAN LooN, Attorney for Relator. To the above writ the following return was made by the sheriff yes- terday afternoon: BROOKLYN, July 9, 1863. I return to the within writ of attachment thnt I am unable to arrest the within Col. Martin Burke, as within, commandant of Fort Lafayette and Fort Hamilton. Page 101 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 101 have endeavored to obtain entrance and aCcess to Fort Hamilton, which is held and garrisoned by armed troops of the United States, well armed and provisioned, and cannot be taken or an entrance effected without the ai(I of a large force of troops with artillery. I further return that 1 have been formally notified by the officer of the day in command of Fort Hamilton that they were prepared to resist any attack upon the fort or any attempt upon my part to arrest the body of Colonel Burke, within named, who is commandant of the fort. And I further return that the whole militia force of Kings County, except the Seventieth Regiment, is now in the service of the United States in the State of Pennsylvania and out of the county of Kings; and that the said Seventieth Regiment, as I am informed by Colonel Cropsey, in command of the same, is now nnder marching orders and not subject to my control, and I have no force or arms within or under my control sufficient for the purpose of executing the within writ. ANTHONY F. CAMPBELL, Sherifl~ of Kings County. It is rumored in connection with the above that the Seventieth iRegi- ment has been ordered by the Federal authorities to proceed to Fort Hamilton to aid in resisting any farther attempt at enforcing the legal process of the court. Governor Seymour will be called upon by the counsel in the case to vindicate the sovereignty of the State. [Inclosure No. 2.Extract from New York Ilerald.l FORT LAFAYETTEIS CIVIL OR MILITARY LAW TO PREVAIL ~ Two years ago a writ of habeas corpus was issucd by ~Tudge Garri- son, of Kings County, issued and directed to Col. Martin Burke, coin- mandant at Fort Lafayette, to bring up the bodies of the four Baltimore police commissioners confined at the fort. The colonel refused to make return. An attachment was issued and put in the hands of the sheriff, which, not having been executed, an alias is now issued, which is as follows * This raises an important issue between the military and civil tri- bunals, and the public will await with the greatest anxiety to see which of the two will prevail. Counsel for relator, Hoi~. Gideon J. Tucker and Mr. J. C. Van Loon. WAR DEPARTMENT, July ii, 1863. Major-General SCHENCK: How many rebel prisoners capturc(l within Maryland and Pennsyl- vania have reached Baltimore within this month of July ~ A. LINCOLN, President of the United States. BALTIMORE, MD., July 11, 1863. His Excellency A. LINCOLN, President: Have received in this month of July at Fort Mdllenry 6,142 prisoners oC war, captured in Maryland and Pennsylvania. 11. C. SCHENCK, Major- general. ABRAHAM LINCOLN, BALTIMORE, July 11, 1863. President of the United States, Washington: Add to the number of prisoners I reported in former telegram as captured in Pennsylvania and Maryland, and received in this month at ~ See inclosure No. 1 Page 102 102 PRISONERS OF WAR AND STATE, ETC. Fort Mdllenry, 653. More received at Fort Delaware by way of Phila- delphia. Those in hospitals here are not included. IIOBT. C. SCHEINCK, Major- General. WAR DEPARTMENT, July 11, 1863. Major-General SCITENOK: The Surgeon-General reports that there are only 1,400 beds at Point Lookout, and Medical Inspector Vollum that there are 8,000 to 10,000 wounded rebels at Gettysburg. The case has been referred to you, but if auy wounded rebels have been sent in arid there is a necessity for immediate action, please report by telegraph. By order of the Secretary of War: ED. It. S. CANBY, Brigadier- General. HEADQITARTERS MIDDLE DEPARTMENT, Baltimore, Md., July 11, 1863. Brigadier-General CANnY, War Department, Washington: Surgeon Simpson, medical director of this corps, is having conva- lesceuts brought from Point Lookout, so that we may have more room there, he says, for a greater number of rebel wounded than the Surgeon- General supposed. I beg leave to make two suggestions, one that it might be best to send the rebels as far as practicable to hospitals north of this point, unless it is thought that Northern copperheads will sym- pathize with and pet them too much; the other that rebel officers have a bad influence on their men, many of the latter of whom are penitent when they are permitted to be, and they ought therefore to be separated 1)0th in prisons and hospitals. It. C. SCIIENCK, Major- General, Commanding. [JuLY 11, 1863.For Cameron to Lincoln, protesting against the sending of General Trimble, a Confederate prisoner of war, to Balti- more, and assigning reasons therefor, see Series I, Vol. XXVII, Part III, p. 646.] WTAsnrN~TON, D. C., July 11, 1863. Major-General SCIIENCI(, Baltimore: It is reported to this Department that Provost.Marshal-General Pat- rick has ordered the Confederate prisoner General Triinble to be for- warded to l3altimore and there paroled. That Trimble is a dangerous man, raised in Maryland, has resided in Baltimore, was engaged iu destroying the bridges when the war broke out, and ought not to be permitted to go at large or be visited. If he comes to Baltimore you will see that he is not allowed to be paroled nor to hold communication with any one until he is exchanged. EDWIN M. STANTON, Secretary of War Page 103 CORRESPONDENCE, ETCUNION AND CONFEDERATE. 103 HEADQUARTERS, Baltimore, AId., July 11, 1863. Hon. B. M. STANTON, Secretary of War: 1 will look out for the rebel General Trimble, as you direct. He is notorious here as a bridge-burner and 19th-of-April leader. He has not appeared yet himself, but two days ago his assistant adjutant-general, Major Hall, came here on parole from Gettysburg to prepare accommo- dations for his chief I revoked the parole and put the major in Fort Mcllenry. Last night I got another of Trimbles staffan aide-dc- camp, who had slipped down here without guard or papers of any kind. ROBT. C. SCUENCK, Major- General. BALTIMORE, July 11, 1863. PROVOST-MARSHAL, Gettysburg, Pa.: Can you tell me wher& the rebel Maj. Gen. I. 11. Trimble is~ I have already had to complain that you sent two days ago one of his staff Major Hall, his assistant adjutant-general, under parole to this city. I of course revoked the parole. Last night two other rebel officers and a rebel soldier, one of the officers being also of the staff of General Trimble, came down in a car mixed up with our own wounded soldiers. The staff officer of General Trimble was disguised in the greatcoat of a Union soldier. None of them had any papers. They were of course arrested. I call your attention to these abuses. BOBT. C. SCHENCK, Major- General. HEADQUARTERS, Baltimore, July 11, 1863. Hon. B. M. STANTON, Secretary of War: I dont know who is in command at Gettysburg, but there is some- thing loose or wrong there. We 1)ick up rebel officeis and men here, unwounded as well as wounded, coining down without guard, l)apers, or orders, au(l some officers parole(l. 1~OBERT C. SCHEKCK, Major- General. WAR 1)EPARTMENT, July 11, 1863. Major-General SCHENCK: The Secretary of War has directed that unless specially authorized no Confederate prisoner of war be released on taking the oath of allegiance. W. hOFFMAN, Commissary- General of Prisoners. BALTIMORE, July 11, 1863. Brig. Gen. W. W. MORRIS, Fort Meflenry: The Secretary of War has directed that unless specially authorized no rebel prisoner of war be released on taking the oath of allegiance. But I am not yet instructed who is to give this special authority. ROBT. C. SCIIENCK, Major- General, Commanding Page 104 104: PRISONERS OF WAR AND STATE, ETC. INDIANAPOLIS, July 11, 1863. Hon. E. M. STANTON, Secretary of War: It is stated in dispatches that Capt. John M. Flinu, of the Fifty-first Regiment Indiana Volunteers, a prisoner at Richmond, is to be exe- cuted in retaliation for a spy tried and executed by General Buruside. It would be deliberate murder if this threat is carried out, and I trust your Department will notify the rebel Government that if it is done strong retaliatory measures will be adopted. 0. P. MORTON, Gorernor of lindiana. PORT HUDSON, LA., July 11, 1863. Maj. Gen. N. P. BANKS, Commanding U. S. Forces, Port fludson, La.: GENERAL: I respectfully request to be informed whether the portion of the C. S. troops who reside in New Orleans, and also those who reside within the U. S. lines in this vicinity, after having been paroled, will be permitted to go to their homes, to remain until exchang.A; and also whether such troops will be permitted to pass beyond the U. S. lines when they shall have been regularly exchanged Ji* I have the honor to be, very respectfully, your obedient servant, FRANK GARDNER, Major- General, C. S. Army. QUARTERMASTER-GENERALS OFFICE, Washington, July 11, 1863. Col. G. H. CROSMAN, Assistant Quartermaster. General, Philadelphia: COLONEL: The following is a copy of a telegram this day sent you, viz: Send a steam water-boat to Fort Delaware for service while so many prisoners are confined there. It is reported that the water is not good, and that there is much sickness attributed to the nse of water, producing diarrhea. Take prompt measures to remove all ground of complaint. M. C. MEIGS, Quartermaster- General. SUR~EON-GENERAIJS OFFICE, Washington, July 11, 1863. Col. R. C. WooD, Assistant Surgeon. General, U. S. Army, Saint Louis, Mo.: SIR: It is reported to the Commissary-General of Prisoners by Major Hendrickson, commanding, that the military prison at Alton, Ill., is infected with smallpox, from which the most faithful effort will not free it. You will please instruct a medical inspector to examine into the circumstances attending upon the existence, and more especially the persistence, of the disease in this prison, and to recommend to Major Hendrickson such means of disinfection, police, isolation, and vaccina- tion as may be proper in the peculiar circumstances. It is not believed that it will be necessary to even temporarily close this prison, but should it prove so, the proper recommendations will be made by you in For reply, see Series I, Vol. XXVI, Part I, p. 63 Page 105 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 105 the case. The Commissary-General will be requested to order Major Hendrickson to cordially second your views and efforts. Very respectfully, your obedient servant, JOS. IR. SMITH, A eting Surgeon- General. [Indorsement.] SURGEON-GENERALS OFFICE, July 11, 1863. iRespectfully famished for the information of Col. William Hoffman, U. S. Army, Commissary-General of 1~risoners, who is requested to instruct Major Hendrickson to co-operate with the medical authorities as within suggested. JOS. 11. SMITh, Acting Surgeon- General. OFFIcE COMMISSARY-GENERAL OF PRISOKNERS, Washington, D. C., July 11, 1863. Maj. Gen. A. E. BUENSIPE, Commanding Department of the Ohio, Cincinnati, Ohio: GENERAL: I have the honor to inclose herewith a roll of 124 paroled men now at Camp Chase, who were paroled (hiring the month of May, singly or in small parties, without the necessary formality and deliv- ering required by the seventh section of the cartel. Uiider recent orders and instructions, all paroles so given are null and void and the men so paroled should be ordered to their regiments without exchange. A number of them were paroled at Yicksbi~rg, but if they were not delivered to a person authorized to receive them after due notice the paroles are not binding. For a time after the publication of General Orders, iNo. 49, irregular paroles were recognized, though forbidden by that order, and I have iiicluded in this list only those paroled after the 1st of May. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., July 11, 1863. Maj. T. HENDRICKSON, Commanding Military Prison, Aiton, Ill.: MAJOR: The Surgeon-General has to-day instructed ~eneral Wood at Saint Louis to order a careful examination of the prison to be made by a medical inspector, with a view to determine the best measures to eradicate from the prison the infection of smallpox which has so long prevailed there. Please afford the inspector every facility in your i~ower to insnre a thorough investigation of the subject. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and 6~ommissary- General of Prisoners. WASHINGTON, D. C., July 11, 1863. Brig. Gen. A. SCHOEPF, Commanding Fort Delaware: GENERAL: You are respectfully informed that Colonel Crosman, assistant quartermaster- general, Philadelphia, has been directe(l t Page 106 106 PRISONERS OF WAR AND STATE, ETC. correct the defect in the construction of the barracks lately erected at Fort Delaware, to which you call attention in your letter of the 7th instant. E. S. SIBLEY, Brevet Colonel, U. S. Army, Deputy Quartermaster-General. NORFOLK, VA., July 11, 1863. Major-General Dix: Lieutenant Sanborn, of the colored regiment, was shot at the head of his company in Main street this p. m. by Doctor Wright and died iimne- diately. Doctor Wright is in jail heavily ironed. A. E. BOVAY, Major and Provost-Marshal. GENERAL ORDERS, ~ HEADQUARTERS MIDDLE DEPARTMENT, No. 42. Baltimore, Md., July 11, 1863. Suitable and comfortable hospital accommodations will be provided for sick and wounded prisoners of war, the same as for soldiers of the Union. On the arrival of wonnded or sick rebel officers or soldiers in Balti- more, whose injuries or condition are snch that in the opinion of the proper medical authority they should not be confined or sent for exchange with other prisoners, they will be immediately assigned and conveyed to the hospitals designated for them, there to remain on parole nutil they are sufliciently recovered to be removed for imprisonment or exchange. No other paroles of prisoners of war will be taken or recognized. No rebel officer or soldier can be received or entertained in any private house or in any place other than the hospital to which he is regularly assio-ned by proper medical authority. Separate hospitals for prisoners of war will be established. No person not thoroughly loyal will be permitted nnder any circum- stances to visit or have access to any military hospital. If any person or persons within this department be found harboring, entertaining, or concealing any rebel officer or soldier in his or her honse, or on his or her premises, or in any place after twenty-four hours from the publication of this order, the person so offending will be at once sent beyond the Union lines into the rebel States, or otherwise punished, at the discretion of the military authority. The medical director of the Middle Department and provost-marshal of the Eighth Army Corps are charged to see that this order is strictly executed. By command of Major-General Schenek: WM. II. CHESEBROUGH, Lieutenant- Colonel and Assistant Adjutant. General. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, July ii, 1863. Brig. Gen. JOHN H. WINDER: GE1~ERAL: The Government does not desire to detain the crew of the Arabian with any view of inflicting punishment. Their evidence, how- ever, is very important in libeling the vessel, and they cannot be se Page 107 CORRESPONDENCE, ETC.IJNION AND CONFEDERATE. 107 at large until that is taken. Instructions have been sent to North Carolina to initiate the proceedings, and as soon as practicable the crew will be examined. In the meantime yon mnst retain them, but the Department desires that they may be afforded all conveniences and privileges consistent with their safe-keeping. By order of the Secretary of War: J. A. CAMPBELL, Assistant Secretary of War. C. S. MILITARY PRISON, Richmond, Va., July 11, 1863. General J. II. WINDER, Commandant of Richmond: GENERAL: We have the honor to address yon a brief note in refer- ence to a matter to us of great interest. You are aware in obedience to your order we were by lot selected from among the Federal captains for execution. No crime is charged against us, nor have we been guilty of any. It seems our lives are demanded as a measure of retaliation on our Government for the execution of two persons in Burusides department of our army. Of these persons we know nothing, nor of the circumstances attending them. We never had any connection with that part of the army. We submit that under no circumstances should we be held to punishment for the alleged offenses of any other depart- inent of the army than that in which we served. Your authorities now hold in close confinement at Atlanta, Ga., two Federal officers, as follows: Capt. N. T. Kendrick, Third West Tennessee Cavalry, and Capt. ID. E. Boharnace, for recruiting in Tennessee. These men were arrested and held, we understand, for the same persons we are held for. In addition to these you already hold other officers of like rank from Burusides department. Innocent a~ we are of any offense against the rules of war, in the name of humanity we ask you if our lives are to b~exacted for the alleged offense of other men in other departments of the army than that in which we served0? We ask you to consider well our reqnest. We are, respectfully, your most obedient servants, H. W. SAWYER, Captain, First New Jersey Cavalry. JOHN M. FLINN, Captain, F~fty;flrst Indiana Volunteers. BALTIMORE, MD., July 12, 18(~.311 a. m. Hon. E. M. STANTON, Secretary of War: The following telegram came from Gettysburg last night: GETTYSBURG, July 11, 1863. Major-General ScnmmNcx: GENERAL: Major Hall, of General Trimbles staff, was sent to Baltimore on the following order GETTYSBURG, July 8, 1863. Major-General Trimble, Lieutenant Granger, Major I-[all, and Private Champion, all of the C. S. Army, and prisoners of war, have permission to go to Baltimore, to report to medical director at that place. hENRY JAMES, Surgeon. in Charge of Hospitals About Gettysburg. Major.General Trimble and others were not prepared to go on that day. On the following day Hon. Simon Cameron and General Moorhead called on me and remon- strated against sending them. They telegraphed the President and lion. Mr. Stan- ton, representing that it was dangero~is tosend them to Baltimore, and asked tha Page 108 108 PRISONERS OF WAR AND STATE, ETC. they be sent to Harrisburg or Pittsburg. Having but one squadrou of cavalry here, and not being able to send them under guard, I rofusel to issue a pass, and waited the arrival of some officer to assume command. I have the honor to be, your obedient servant, W. WILLARD SMITH, Captain and Aide-dc-Camp. I do not know why Messrs. Cameron and Moorhead think it danger- ous for Trimble to be brought here. The distance is less than to either Philadelphia or Pittsburg, and as to any just exasperation of loyal Baltimore citizens, he need have no fear that lie will not be protected even at the scene of his traitorous and scoundrel acts. The fact is he intended, and it was arranged at Gettysburg, that he should come here until it was found that lie would have to fare like other prisoners, and not be treated with special consideration. Gettys- burg is not in my department. IROBT. C. SCHENCK, Mcgor- General. WAR DEPARTMENT, July 12, 186312.30 p. m. Major-General SCHENUK: You seem to misunderstand the nature of the objection to General Trimbles going to Baltimore. his going there is opposed to prevent his meeting his traitorous associates there. A. LINCOLN, President. HEADQUARTERS DEPARTMENT OF THE TENNESSEE, Vicksburg, Miss., July 12, 1863. Maj. N. G. WATTS, Commissioner for Exchange of Prisoners: MAJOR: The acceptance by Lieutenant-General Pemberton of the terms proposed to him for the surrender of this city on the 4th instant, making every person in the city connected with the Confederate Army as prisoners of war, and desiring as an act of courtesy to relieve you from the obligation of abstaining from further duty until properly exchanged, I wish now to release you unconditionally from such obli- gation. You may then, major, regard yourself and the two gentlemen now serving as assistants as freely and unconditionally released from the time you pass outside of our lines. I have the honor to be, your obedient servant, U. S. GRANT, Major- General. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, July 12, 1863. Col. J. C. KELTON, Assistant Adjutant-General: COLONEL: I am informed that Capt. H. W. Sawyer, First New Jersey Cavalry, and Capt. John M. Fliun, Fifty-first Regiment Indiana Volun- teers, have been selected by lot and reserved for execution in retaliation for the execution of Captains Corbin and McGraw, as spies, by the order of Major-General Burnside Page 109 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 109 I have the honor to inclose to you copies of correspondence with Mr. Oulci on this subject in May last, when he informed me that two of our officers had then been selected for execution.* It now seems that other two have been selected. I respectfully and earnestly recommend that two Confederate officers now in oar hands be immediately selected for execution in retaliation for the threatened one of Sawyer and Fliun, and that I be authorized to communicate their names to the Confederate authorities, with the proper notice. I am, very respectfully, your obedient servant, WM. H. LUDLOW, Lieutenant- Colonel and Agent for Exchange of Prisoners. HEADQUARTERS DEPARTMENT OF VIRGINIA, Port ]Jfonroe, July 12, 1863. Col. J. C. KELTON, Assistant Adjutant- General: COLO~EL: I have the honor to acknowledge the receipt of the instruc tions of the General-in-Chief t in reference to the case of Doctor Rucker. I am, very respectfully, your obedient servant, WILLIAM H. LUDLOW, Lieutenant- Colonel and Agent for Exchange of Prisoners. ALEXANDRIA, fitly 12, 1863. Hon. E. M. STANTON, & eretary of War: SIR: I have completed the list of disloyal persons to be sent out of Alexandria, Va., and send this notification, as ordered by you yes- terday4 Respectfully, H. H. WELLS, Lieutenant- Colonel and Pro cost-Marshal- General. HEADQUARTERS DEPARTMENT OF VIRGINIA, Port Monroe, July 12, 1563. flon. ROBERT OuLD, Agent for Exchange of Prisoners: SIR: As understood by me, Doctor iRuckers alleged offenses were committed in West Virginia, within the territory militarily occupied at the time by the troops of the United States. If so, by the laws and usages of war your authorities have no jurisdiction in his case. If you will release all our medical officers except Doctor iRu& er I will send to you all we hold except one to be retained as a hostage for Doctor Itucker, who will be released when Doctor liucker is released. If it should be found that Doctor liucker is properly retaiued under the cartel or found guilty and punished according to the laws and usages of war, the hostage will be given up. But if improperly * See Ould to Ludlow, May 22, beginning I perceive, Vol. Y, this series, p. 691, and Ludlow to Ould, May 25, beginning Captains McGraw and Corbin, ibid.1 p. 702. Of the 8th, p. 93. Probably an oral order, as no record of it can be found Page 110 110 PRISONERS OF WAR AND STATE, ETC. retained and punished retaliation will be resorted to. You have some chaplains in your hands. Will you deliver them ~ Please send replies to the above by this flag of truce. I am, very respectfully, your obedient servant, WM. II. LUDLOW, Lieutenant- Colonel and Agent for Exchange of Prisoners. SAINT Louis, July 13, 1863. Hon. E. M. STANTON: Mr. McKee, of the Democrat, a paper that has done more good for the Union and Government in Missouri and Illinois than any other in the land, has beeii arrested by Schofield for publishing President Lincolns letter to General Schofield, which he obtained fairly. This arrest has aroused the indignation of the uncorrupted loyalists of this city, and is regarded as unkind and unjust and against the Presidents instructions in this same letter, an insult to true Union men and a special catering to a mongrel party of pestilent factionists.* HENBY T. BLOW. MEDiCAL DIRECTORS OFFICE, MIDDLE I)EPARTMENT, Baltimore, Md., July 13, 1863. Lient. Col. DONN PIATT, Chief of Staff, & e.: COLONEL: I have the honor to acknowledge your communication of this date,t calling attention to the condition of the rebel wounded lately arrived in this city. I beg leave to represent I was first apprised of its approach when the train was in the immediate neighborhood of this city. Permanent and sufficient arrangements have been made upon Canal street for the care and distribution of arriving wounded, and the Northern Central Railroad is under positive and standing orders from the quartermaster to move the cars to that point. The Federal wounded were immedi- ately sent there, and attended to by the surgeon in waiting. Medical Inspector W. H. Mussey, U. S. Army, who is charged by the Surgeon- General with the special dnty of superintending the transportation of the wounded, visited at the time the upper depot and was informed, owing to many not being paroled, they would all be obliged to be sent to Fort Mdllenry. The assistant provost-marshal afterward called at this office, and, upon consultation with Doctor Mussey, it was decided to send the severely wounded to Wests Hospital, and Captain French promised to order the cars to be sent there without delay, while the medical officers were notified from this office to receive them. 1~ersons on this train expected another to follow, but no official announcement was made. This morning about 6 oclock the surgeon in charge of the distribution repor*d the rebels had not arrived. It was themi presumed they had all been taken to Fort Mcllenry. About 9 a. in. the assistant provost- marshal reported the cars had remained in North street all night, owing to the inability or neglect of the railroad company to remove them as ordered. He was requested to compel the company to convey them immediately to their destination. The railroad made no report what- ever of their presence during the night. At the same time Captain * For other correspondence relating to arrest of William McKee, see Series I, Vol. XXII, Part II, pp. 366, 373375, 333. tNot ibund Page 111 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 111 French reported another train had just arrived, containing well and wounded prisoners, paroled and non-paroled together, of whom it was necessary to send all who could travel to Fort Mdllenry. A medical officer was immediately sent to make the selections, which duty is not yet completed. The difficulty lies, first, in sending mixed parties of prisoners without notification (which is beyond the control of this office), and, secondly, the thilure of the railroad company to transfer the men to their proper des- tination, which this office can only remedy by the continuance of repre- sentations similar to those it has repeatedly made already. For those wounded who are now in Fort Mdllenry it will require, I presume, the authority of the commanding general for their transfer to Wests l7lospital. I have the honor to be, colonel, very respectfully, your obedient servant, J. SiMPSON, ~Surgeon, U. & ~ Medical Director. OFFICE COMMISSARY-GENERAL OF PRiSONERS, Washington, D. C., July 13, 1863. Lieut. Col. GEORGE SANGSTER, Commanding Camp Parole, Annapolis, Md.: COLONEL: If any paroled men have reported to you whose p~mroles are dated since the 22d of May last, their paroles are not valid and you will immediately send them, under the charge of a suitable officer and guard, to report to the provost-marshal-general, Army of the Potomac. Send the usual rolls and papers with them, and a copy of the roll to this office. If there are no men at the camp paroled since the 22d of May report the fact. Yery respectfully, your obedient servant, HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. P. S.Men not belonging to the Army of the Potomac will be sent to the armies to which they belong. ~. H. FORT MONROE, Jd7y 13, 1863. Col. J. C. KELTON, Assistant Adjutant- General: Did General Grant parole the officers at Yicksburg, and what is the whole number of officers and men captured ~ WM. H. LUDLOW, Lieutenant Colonel. WAsHINGTON, July 13, 1863. Lieutenant-Colonel LUDLOW, Port Monroe: The officers and men captured at Yicksburg are being paroled. The number has not yet been reported by General Grant. J. C. KELTON, Assistant Adjutant- General Page 112 112 PRISONERS OF WAR AND STATE, ETC. WASHINIiToN, July 13, 1863. Lieut. Col. W. H. LUDLOW: The Secretary of War has directed that no more prisoners of war be forwarded to City Poilit till further orders. W. HOFFMAN, Commissary- General of Prisoners. HEADQUARTERS DEPARTMENT OF VIRGINiA, Port Monroe, July 13, 1863. Col. WILLIAM HOFFMAN, Commissary- General of Prisoners: COLONEL: Will you please send to me the paroles referred to in the inclosed communication* of Mr. Fox, and return to me the communica- tion itself. Paroles taken and given prior to the 22d day of May last, if properly autheiiticated, will be counted in exchange, that date being after serving of the same upon Mr. Ould. Have you not also some paroles, taken by Stoneman and Kilpatrick in Virginia, and by Grier- son in Mississippi, previous to the 22d of May6? Please send to me all such, and I will endeavor to arrange them. I wish in my next inter- view with Mr. Ould in a few days to close up this whole matter of paroles. I telegraphed you yesterday for information concerning CTrants cap- tures. Did he parole both officers and men 6? What was the whole number of each 6? The steamers have not arrived with prisoners of war from Fort Delaware. I mean the second detachment, & c., estimated at 1,800. They returned from City Point last Monday and proceeded to Fort Delaware, intending to return immediately. I am going North iii a few days and desire to close up, as far as possible, exchanges before I leave. If I had information about the paroles made at Yicksburg, Miss., I would offset against them immediately the deliveries made at City Point, and thus clean out Camp Parole. Can you not hasten the matter 6? Please reply by return mail. I am, very respectfully, your obedient servant, WM. H. LUDLOW, Lieutenant- Colonel and Agent for Exchange of Prisoners, HEADQUARTERS DEPARTMENT OF VIRGINiA, Port Monroe July 13, 1863. Col. WILLIAM HOFFMAN, Commissary- General of Prisoners: COLONEL: I have found here the list of Yazoo City captures about which I wrote to you this morning. I think I can use them in exchange. Yours, respectfully, WM. H. LUI)LOW, Lieutenant- Colonel and Agent for Exchange of Prisoners. MILITARY PRISON, Alton, ill., July 13, 1863. Col. W. HOFFMAN, Commissary- General of Prisoners: COLONEL: I have the honor to report that seventy-nine prisonersof war, including four commissioned officers, were received here yesterday * Not found Page 113 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 113 from Memphis, Teun. Rolls of these men will be forwarded as soon as they can be prepared. We have 110W in this prison about 1,500 prisoners, a number far too great for comfortable accommodation during the warm weather. In reference to this subject the following is an extract from the report of the medical inspector who inspected this prison on the 29th of May last: That the capacity of the prison be considered as not greater than 1,000 and that not more than that nnniber be confined at one time. I have the honor to be, sir, with much respect, your most obedient servant, T. HENDRICKSON, Major Third Infantry, Commandant of Prison. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, July 13, 18G3. Lient. Col. WILLIAM II. LUDLOW, A gent of Exchange: SIR: I have declared exchanged Lieutenant-General Pemberton; Major-Generals Forney, M. L. Smith, and Bowen; Brigadier-Generals Barton, Lee, Cnmming, Moore, H~bert, Baldwin, Vaughn, and Shoup; Colonels Reynolds, Waul, and Cockrell, and Brigadier-General Harris, of the Missouri militia, all of whom were recently captured and paroled at Vicksburg. You cafi take the equivalents out of the officers cap- tured and paroled by us at Chancellorsville, or from privates, as you prefer. Respectfully, yonr obedient servant, RO. OULD, Agent of Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, July 13, 18G3. Lient. Col. WILLIAM H. LUDLOW, A gent of Exchange: SIR: Your communication of the 7th instant in relatiou to stripping prisoners of their blankets, clothing, & c., has been appropriately referred. When the report is made I will furnish you with it. In the meantime allow me to say that the complaint comes with very poor grace from yonr side. Confederate soldiers, East and West, have not only been stripped~ of their clothing, but have been robbed of the articles which they were invited to purchase. As to the first point, see the correspondence betwe~eu General Churchill and Colonel Hoffman; and as to the latter, ask any honest official around you who may be familiar with the doings of your pro- vost guard at Fortress Monroe. Your people do worse than rob Confederate soldiers of their needful clothing. You take away their health and strength. You yourself see the living wrecks that come from Fort Delawaremen who went into that cruel keep, hale and robust, men inured to almost every form of hardship and proof against everything except the regimen of that hor- rible prison. General Bragg has already responded to the charges against him. You certainly must have forgotten his answer to the very complaint you now make. He stated that his course was in retaliation for the course pursued by your troops and people in forcibly taking away from Confederate 8 R RSERIES II, VOL V Page 114 114 PRISONERS OF WAR AND STATE, ETC. soldiers not only necessary articles of clothing, but little tokens of affection of no value to any person except the party who was robbed. I commend his report to your attention. In reference to your vague generalities against General Bragg, I can only say if you will give time, place, and circumstance you shall have full explanation. Colonel Kilpatrick sallies from Fortress Monroe, the headquarters of General Dix and staff, with orders to destroy the farm- ing utensils of our people, that they may be reduced to starvation, and you, writing from the same place, complain that blankets, medicines, and pocket money~~ were taken from your soldiers at ilarpeth Shoals! Under the circumstances, the climax of pocket money is refreshing. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPART1~IENT, Richmond, July 13, 1863. Lieut. Col. WILLIAM II. LUDLOW, Agent of Exchange SIR: I will furnish you a list of all officers now held by us when you forward me one containing the names of our officers confined in your prisons. I have been asking you for such a list, as well as one of the political prisoners, for six months. As yet I have seen neither. At one time I furnished you a list of all officers whom we held in confinement. Brigadier-General Graham is not here. None of the Gettysburg prisoners have arrived. Will you please explain the extraordinary delay in sending the Fort Delaware prisoners to us? They have been promised time and again, and yet are drinking the poisonous water that has sent so many of their fellows to the grave. In the name of that common humanity to which we all, though enemies, belong, I beseech you to use every power of influence you have to change the place of confinement of our soldiers. If it must be that they are to be kept in Fort Delaware, my next earnest entreaty is that they shall be speedily delivered to us. What possible excuse can there be for keep- ing the men who were captured at Bakers Creek such a length of time? Even with our limited means of transportation we always have your soldiers ready for delivery at an early day. Respectfully, your obedient servant, RO. GULP, Agent of Exchange. CONFEDERATE STATES OF AMERICA, WAR D~ARTMENT, Richmond, July 13, 1863. Lieut. Col. WILLIAM II. LUDLOW, Agent of Exchange: SIR: In answer to your communication of the 12th instant, I inform you that Capt. ilenry IW.1 Sawyer, First New Jersey Cavalry, and Capt. John N. Flinn, Fifty-first Indiana Volunteers, are the officers who have been selected by lot in pursuance of the notice given to you in my letters of the 22d and 28th of May, 1863. As yet no day has been designated for their execution. By the next flag of truce I expect to send you a communication Inore fully setting forth the views of the Confederate authorities in relation to the unjust and barbarous execution of Captains Corbin and McGraw and the measures of retaliation they have initiated. Respectfully, your obedient servant, RO. OULD, Agent of Exchange Page 115 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 115 WAR. DEPARTMENT, ADJUTANT. AND INSPECTOR-GENERALS OFFICE, Richmomd, Va., July 13, 1863. Lieut. Gen. B. K. SMITH, Commanding, die.: GENERAL: Your communication of the 16th nltimo, inclosing copies of two letters dated 13th ultimo, addressed by you to Maj. Gen. II. Taylor, in regard to the disposition to be made of negroes and their officers captured in arms, has been received and submitted to the Sec- retary of War, by whom I am directed to say that a diiThrent policy than that suggested by you is recommended. Considering the negroes as deluded victims, they should be received and treated with mercy and returned to their owners. A few examples might perhaps be made, but to refuse them quarter would only make them, against their tendencies, fight desperately. I am, general, very respectfully, your obedient servant, H. L. CLAY, Assistant Adjutant- General. SAINT Louis, Mo., July 14, 1863. A. LINCOLN, President of the United States: Be assured that, whatever you may have heard, the arrest of McKee had nothing whatever to do with his political position. This can be fully and satisfactorily explained.* J. 0. BROADHEAD. QUARTERMASTER-GENERALS OFFICE, Capt. CHARLES A. REYNOLDS, Washington, July 14, 1863. Assistant Quartermaster, U. S. Army, Washington: CAPTAIN: You will please proceed at once to Rock Island, Ill., and take charge of the construction of a depot for prisoners of war which it is proposed to establish there. The working plans of the buildings which it is proposed to erect you will obtain at the Quartermaster- Generals Office. The plans give merely the dimensions of the buildings with a general arrangement of the whole work, to be modified, however, as the char- acter of the ground shall render necessary. A fence to surround the prisoners barracks, as shown in the plan, will be constrncted twelve feet high, with a sentinels walk all around on the outside four feet below the top. If it is found inipracticable to dig wells on account of the rock sub- struction of the island, an arrangement to procure water from the river by force-pumps and pipes will have to be made. Iii that event which should be determined at once, a report and an estimate of the probable cost should be immediately forwarded to this office. Iu having mechanics and laborers, and in purchasing the materials for the construction of this depot, you will be governed by the strictest economy consistent with the completion of the depot at the earliest practicable period. M. C. MEIGS, ________________________________ Quartermaster- General. For reply, see Series I, Vol.. XXII, Part II, p. 375 Page 116 116 PRISONERS OF WAR AND STATE, ETC. BALTIMORE, July 14, 1863. Colonel HOFFMAN, Commissary- General of Prisoners: General Schoepf telegraphs me that he has now 9,040 prisoners of war at Fort Delaware, and cannot receive any more. ROBT. C. SCIIENCK, Major- General. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, July 14, 1863. Hon. ROBERT OuLD, Agent for Exchange of Prisoners: SIR: I decline to unite with you in your declaration of the exchange of the officers named by you in your communication of the 13th instant, just received, and who form a part of those captured at Vicksburg. In violation of the cartel you now hold in close confinement many of our officers, though their release was long ago demanded and their equivalents tendered to yon. You even permitted these equivalents to be sent back to Fort Monroe from City Point. In this position of affairs and being in entire ignorance of what you propose to do with our officers now in your hands, I must decline any special arrangements until we meet. This meeting, with yonr consent, will take place as soon as I shall have received the paroles of the Vicksburg captures. Please, therefore, notify the officers named by you that their exchange cannot be recognized by our authorities until the declarations be united in by me. In making arrangements with you for exchanges of paroles of officers I shall expect to exhaust equivalents of equal rank before we take up those of higher rank. To settle all difficulties connected with exchanges of officers I again invite you to a return to the cartel, and if you refuse I again ask you why such refusal l I am, very respectfully, your obedient servant, WILLIAM H. LUDLOW, Lieutenant- Coonei and Agent for Exchange of Prisoners. P. S.The declaration of exchange made by you on the 2d instant leaves you in debt to me between SQO and 900 men. Please make no more declarations until we meet. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., July 14, 18G3. Maj. I. H. CARRINGTON: SIR: You are hereby appointed a commissioner and directed to report to General Winder, and under his supervision to proceed to examine such persons as are held in custody in the city of Richmond on charges affecting their loyalty to the Confederate States, making report thereon through General Winder to this Department. Your obedient servant, JAMES A. SEDDON, Secretary of War. HEADQUARTERS DEPARTMENT OF EAST TENNESSEE Knoxville, July 14, 1863. General S. COOPER, Adjutant and Inspector General, Richmond, Va.: GENERAL: I have the honor to inform you that there are some Fed- eral prisoners in this department whose cases present some importan Page 117 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 117 questions of military law on which I beg to ask that you will do me the favor to give me such instructions as you may deem proper. Some of the prisoners are officers in the Federal army, caught within the lines of this department attempting to enlist recruits. Others are enlisted men secretly visiting their homes. All were at the time they entered the Federal service citizens of Tennessee, which State was then a member of the Southern Confederacy. The first question which suggests itself is, are they traitors ~ I have gathered from the practice of both Governments during the war that they recognized the right of citizens of each to leave their country and take service under the other belligerent, provided this was done before there were laws of conscription or others of like character creating present military obligations. The act of departure and the tak- ing of arms seem to have been considered as an initiatory step of expa- triation, giving the person a character somewhat similar to that of a foreigner who has made an official declaration of an intention to become a citizen. The examples of this are to be found in the case of citizens of Maryland and Delaware in the Confederate service, and of citizens of many of the Southern States now in the Federal Army. How far the doctrine intimated in some of the books on public law, that in civil wars time is given to all citizens to choose the flag they will support, has any bearing on the case, is a question I merely suggest without meaning to express an opinion. If the prisoners are not traitors, are they spies l As a general rule, the armed citizens of one belligerent can offer no excuse or justification for being within the territory of the other except for battle. If caught it seems that they are liable to other treatment than that which is extended to prisoners of war taken on the field. General Burnside, commanding the Department of the Northwest, has declared that by the laws of nations they are spies, and I have reason to believe that he has lately caused two such persons to be hanged. It is suggested by some that a soldier cannot be deemed a spy without he be captured within the actual lines of the army. By others it is main- tained that this view is too narrow, and that a soldier caught within the territory occupied and held by the enemy cannot defend against the charge of being a spy, except by showing that he was there for the pur- pose of giving battle. It is said that an exploration of the territory of an enemy is as criminal in point of military law as an entry within the camp lines of an army, and stamps the offenders with a similar character. Section 2 of the 101st Article of War designates those persons not citizens of the Confederacy who shall be found lurking in and about the fortifications and encampment of the Confederate Army as spies. From this it might be inferred that Congress did not deem those persons spies who entered our territory without they should be found in proximity to our armies. It seems also to affirm that a citizen cannot be a spy, the lesser military crime being merged into the graver one of treason. The same article of war is to be round in the Federal code, yet judging from the order of General Buruside lie seems to have a different view from that suggested above of what by military law constitutes a spy. If the prisoners be considered spies, by what tribunal are they to be tried ~ I presume it may be stated as a general rule, applicable to public as well as to domestic criminal law, that there cannot be two different tribunals or courts having concurrent jurisdiction of the same offense. General Bragg has ordered spies to be tried by a court-martial. General IRosecrans ordered Maj. Orton Williams to be tried by a Page 118 118 PRISONERS OF WAR AND STATE, ETC. drumliead court-martial, and by that anomalous tribunal the prisoner was hanged. There are instances familiar to you in military history in which spies have been tried by a special commission ordered by the commander of an army. But it is said that even if such a conrt as a special commission be recognized by the usage of war it can only sit in a foreign country occupied by an army. This proceeds npon the assumption that at home there can be no adjudication except by the legally established tribnnals of the land. The article of war above referred to confers jurisdiction npon courts- martial to try a certain class of spies, that is, those persons of foreign birth or service found lurking in and about the fortifications or encampments of the Confederate Army. The words according to the law and usage of nations seem to r6fer to the kind of punish- ment to be inflicted and not to the tribunal to try. Express delegation of power to try only one class or kind has suggested a doubt whether courts-martial which have no implied power, and derive their existence in this country at least entirely from the letter of the law creating them, have any jurisdiction over other classes of spies in the absence of direct authority~ You will allow me to recapitulate the questions: First. Are the prisoners either traitors or spies ~ Second. If spies, by what court are they to be tried? Third. If neither, what disposition shall I make of them0 I have taken the liberty of snggesting at sonic length the doubts in my mind, so that by perceiving the points on which I need instruction you can easily see the character of the informatioii to be given. Trusting that the anxiety I exhibit to act advisedly and in a manner consistent with the dignity and honor of my Government in a matter affecting its relations with the enemy will be received by you as an apology for the comrnnnication I have written, I remain, general, with great respect, your obedient servant, S. B. BUCKNEIR Major- General, Commanding. WASIIINGTON, Jnly 15, 1863. Colonel LUDLOW, Agent for Exchange of Prisoners of War: The President directs that you immediately place General W. II. F. Lee and another officer selected by you not below the rank of captain, prisoners of war, in close confinement and under strong guard, and that you notify Mr. It. Ould, Confederate agent forexchange of pris- oners of war, that if Capt. II. W. Sawyer, First New Jersey Volunteer Cavalry, and Capt. John M. Flinn, Fifty-first Indiana Volunteers, or any other officers or men in the service of the United States not guilty of crimes punishable with death by the laws of war, shall be executed by the enemy, the aforementioned prisoners will be immediately hung in retaliation. lt is also directed that immediately on receiving official or other authentic information of the execution of Captain Sawyer and Captain Fliun, you will proceed to hang General Lee and the other rebel officer designated as hereinabove directed, and that you notify Robert Ould, esq., of- said proceeding, and assure him that the Govern- ment of the United States will proceed to retaliate for every similar barbarous violation of the laws of civilized war. H. W. ITALLECK ~ienerat-in. Chie Page 119 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 119 OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., July 15, 1863. Brig. Geii. A. SCHOEFF, Commanding Fort Delaware, Del.: GENERAL: By direction of the Secretary of War, you will please order to the depot on Johnsons Island, near Sandusky, Ohio, under a suitable guard, the rebel officers now held at Fort Delaware as prison- ers of war. A roll of them has just been received at this office, and it will only be necessary to report here the names of those who are not sent, or may have been otherwise disposed of. Please notify the commanding officer at Johnsons Island of the day of their departure. You will also please order the sick and wounded who cannot be con- veniently provided for in your hospital to the general hospital at Chester, Pa., which has been designated by the Surgeon-General for their reception. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., July 1~, 1863. Brig. Gen. W. A. HAMMOND, Surgeon- General, U. S. Army, Washington, D. C.: GENERAL: The Secretary of War directs that until the hospital for prisoners of war is erected at Fort Delaware the sick and wounded who are now there and cannot be conveniently provided for be transferred to the nearest hospital where they can be received. Will you please designate the hospital to which they may be sent and give the necessary instructions for their reception ~ Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. OFFICE COMMISSARY-GENERAL OF PRISONERS, Lient. Col. x~. H. LUDLOW, Washington, D. C., July 15, 1863. Agent for Exchange of Prisoners, Fort Monroe, Va.: COLONEL: Your letter of the 13th instant is just received, and in part I have replied to it by telegram. The roll of paroled prisoners to which iMr. Fox refers as having been sent to me was forwarded to you in my letter of the 26th ultimo. Before delivering you my letter of the 20th May, inclosing orders on the subject of paroles, I consulted the General. in-Chief as to the application of these orders, and he decided that paroles then existing given since the publication of General Orders, No. 49, in violation of its provisions, should not be recognized except under some peculiar circumstances. (See my letter of the 9th of June.) I inclose herewith the list of men captured and paroled by General Stonemans command, referred to in that letter. I understand your letter to cover a little wider ground; that is, all paroles taken or given before the 22d May, properly authenticated, will be recognized for exchange. The roll of paroled rebels received from the Navy Department and that from General Stoneman are the only rolls of the kind I have received Page 120 120 PRISONERS OF WAR AND STATE, ETC. 1 forward by this mail three lists of Federal troops captured and paroled in March and April. As soon as General Grants report is received at the War Department I will give you the particulars as to numbers, & c. The prisoners of war are still held at Fort Delaware by order of the Secretary of War. We have, I think, only 12,000 to 15,000 men to be exchanged and we hold near 50,000 of the enemy. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third hifantry and Commissary- General of Prisoners. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort ]Jitonroe, July 15, 1863. Hon. E. M. STANTON, $ecretary of War: SIR: I have the honor to inclose to you a copy of letter to Mr. Ould. As the correspondence between Davis and Stephens, published in the inclosed* paper, contains gross misstatements, would it not be well to have my letter to Mr. Ould published as a corrective ~ A copy of the communication and protest of the 14th June referred to was sent to you. I am, very respectfully, your obedient servant, WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners. I inclosure.] HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, July 15, 1863. Hon. ROBERT OULD, Agent for Exchange of Prisoners: SIR: In the letter of July 8 of the Hon. Alexander H. Stephens to Hon. Jefferson Davis, giving a report of his mission, appears the fol- lowing statement: The reasons assigned for the refusal by the United States Secretary of War, to wit, that the customary agents and channels are considered adequate for all need- ful military communication and conferences, to one acquainted with the facts, seems not only unsatisfactory, but very singular and unaccountable; for it is cer- tainly known to him that these very agents to whom he evidently alludes, heretofore agreed upon in a former conference in reference to the exchange of prisoners (one of the subjects embraced in your letter to me), are now and have been for some time distinctly at issue on several important points. The existing cartel, owing to these disagreements, is virtually suspended so far as the exchange~of officers on either side is concerned. As in this statement Mr. Stephens appears to be unacquainted with the facts, may I ask you will inform him that exchanges of prisoners of war and the settlement of the intricate and troublesome questions connected therewith were being proceeded with successfully by ns until the issue of the proclamation of the Hon. Jefferson Davis on the 23d of December last, which, in gross violation of the cartel, reserved for execution certain of our captured officers and men. Will you also please inform Mr. Stephens that in your and my anxious desire to alleviate the horrors of war, the proclamation after a little delay was ignored and exchanges of officers were resumed? * Paper not found, but see Davis to Stephens, July 2, and Stephens to Davis, July 8, pp. 74, 94 Page 121 CORRESPONDENCE, ETC.UNJON AND CONFEDERATE. 121 That the exchanges were again interrupted in May last by the opera- tion of an act of the Confederate Congress, which was another gross violation of the cartel and the laws and nsages of war, and which con- signed to execution and other punishments certain of onr captnred officers and men. Will you please furnish Mr. Stephens with a copy of my communication to you and protest of 14th of June last on this sub- ject, and also inform him that under that act of Confederate Congress your authorities now retain in close confinement large numbers of our officers, though their release has been demanded and equivalents in your officers tendered, which equivalents have been sent back to Fort Monroe from City Point~ Please also inform him that I have again and again invited your authorities to a return to the cartel in exchange of officers, and that such invitation has not been responded to. I cannot but believe that with a statement of these plain facts so well known to you and to me, Mr. Stephens will readily see that your authorities are alone at fault, and that lie will in the humane spirit with which he entered on his mission earnestly recommend the ignor- ing or repeal of the act of your Congress, which is such a clear viola- tion of the cartel, and a fruitfulI may say onlysource of the practical difficulties now surrounding the exchange of officers. I have indulged the hope that the magnanimous treatment of your officers captured at Vicksburg, aud their release upon parole, would have prompted the immediate release on parole of all our officers held by you. That hope I have not abandoned. I am, very respectfully, your obedient servant, WM. H. LUDLOW, Lieutenant- Colonel and Agent for E change of Prisoners. HEADQUARTERS DEPARTMENT OF VIRGINIA, Port Monroe, July 15, 1863. Col. WILLIAM HOFFMAN, Commissary- General of Prisoners: COLONEL: I herewith inclose to you a receipt. My instructions to Captain Fillebrown, assistant adjutant-general, who came on in charge of prisoners of war from the West, were to distribute the money and valuables to the prisoners themselves, taking their receipt therefor, before delivering them at City Point. I see a statement in the Richmond parers that these ~aekages con- tained counterfeit Confederate money instead of the real money which was taken from the prisoners at Alton. The matter has not yet been brought officially to my notice, though I suppose it soon will be. I am, very respectfully, your obedient servant, WM. H. LUDLOW, Lieutenant- Colonel and Agent for Exchange of Prisoners. [Inclosure.] CITY POINT, VA., June 8, 1863. Received of Capt. II. C. Fihlebrown, assistant adjutant-general, U. S. Volunteers, forty-nine packages containing money and valuables. J. H. THOMPSON, Captain, Commanding at City Point Page 122 122 PRISONERS OF WAR AND STATE, ETC. CLEVELAND, Onio, J2dy 15, 1863. Hon. E. M. STANTON, Secretary of War: Vallandigham arrived at the Clifton House to-day. He issued ait address to Democracy of Ohio. Attempt was made to telegraph it to Chicago Times, but I thought proper to refuse it. The address commences as follows: Arrested and confined, for three weeks in United States as a prisoner of state; banished thence to the Confederate States, and thence held as an alien enemy and prisoner of war on parole, fairly and honorably dealt with and given leave to depart an act possible only by running the blockadeI found myself first a free man when ou British soil, and to-day under protection of the British flag. I am here to enjoy, and in heart to exercise, the privileges and rights which usurpers insolently deny me at home. The shallow contrivance of the weak despots at Washington and their advisers have been defeated. Nay, it has been turned against them, and I, who for two years was maligned as in secret league with the Confederates, having refused when in their midst, under circumstances the most favorable, either to identify my- self with their cause, or even so much as to remain, preferring rather exile in a foreign land, & c. A. STAGER. [JULY 15, 1863.For Davis to Johnston, stating purpose to insist on immediate discharge of Vicksburg paroled prisoners and their return to duty, see Series I, Vol. XXIV, Part I, p. 202.] OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., July 16, 1863. Col. J. C. KELTON, Asst. Adjt. Gen., Hdqrs. of the Army, Washington: COLONEL: I have the honor to report that, pursuant to the instruc- tions of the General-in-Chief, I have selected by lot one of the captains held as prisoners of war in the Old Capitol Prison to be placed in close confinement. The lot fell upon Capt. R. H. Tyler, Eighth Virginia Infantry, and I have commnnicated to General Martindale the generals orders to place him in close confinement. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary-General of Prisoners. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, P. C., July 16, 1863. Brig. Gen. 0. B. WILLOOX, Commanding, Indianapolis, md.: GENERAL: I have the honor to inclose an extract* from a report by a medical inspector on the condition of the hospital at Camp Morton, and I respectfully request you will give such orders as will insure a better condition of the hospital and camp, so far as any improvement is practicable. When Camp Morton was first occupied by prisoners of war an extension to the city hospital was constructed for their benefit capable of receiving 300 patients, and as nothing is said about it in this report I am led to believe that it has been appropriated to other uses. Will you please inform me on this point; and unless there is * Not found Page 123 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 123 some sufficient obstacle in the way, have the building used for the purpose for which it was erected. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., July 16, 1863. Maj. T. HENDRICKSON, Commanding Military Prison, Alton, Ill.: MAJOR: Your two letters of the 11th instant have been received. The citizen prisoners captured iii Tensas Parish, La., referred to in one of these letters, will be placed on the lists for exchange, and the pur- chase of clothing for the destitute female prisoners mentioned in the other letter will be paid for out of the prison fund. All expenditures for such articles as may be necessary for prisoners and not otherwise provided for will be Purchased and paid for out of that fund. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. HEADQUARTERS DISTRICT OF NORTH ALABAMA, July 16, 1863. Brig. Gen. G. M. DODGE, Commanding District of Corinth: GENERAL: I am instructed by Colonel Roddey to inform you that he is now prepared to exchange for the men of Colonel Forrests regiment captured by your forces a few days ago. Captain Spencer thought there were about forty. If you are willing to make the exchange please send list of prisoners you have on hand and suggest the time and place of meeting, so that the time is not less than five days from this date. The colonel is very anxious that men of his command be retained by you for exchange, so as to save the traveling so far around, especially those who are feeble and unable to travel. He furthermore is willing to return the favor whenever practicable. I am, general, very respectfully, your obedient servant, F. M. WINDES, Captain and Assistant Adjutant- General. SECESSIONVILLE, July 16, 1863. Captain NANCE: ThirteenprisonersFifty-fourthMassachusetts,black.Whatshalll do with theml They say that there are eight regiments on the lower l)art of Legar& s plantation, six white, two black. The black regiments are Fifty-fourth Massachusetts and Second South Carolina. Mont- gomery commands on James Island. Gillmores headquarters are at Campbells house on Folly Island. He has promised his troops to be in Charleston on Sunday next. There are 15,000 troops in his com- mand, of which two regiments are left at Beaufort, the balance before Charleston. Two of the prisoners are refugee slaves, the balance free. JOHNSON HAGOOD, Brigadier- General, Com~na~ ding Page 124 124 PRISONERS OF WAR AND STATE, ETC. [Indorsement.] HDQRS. FIRST MIL. DIST. OF S. C., GA., AND FLA., Respectfully forwarded. Chcrleston, July 16, 1863. The negroes have beeu ordered sent to the city to-morrow under a strong guard, without their uniform. In the absence and by command of Brigadier-General Ripley: WM. F. NAXCE, Assistant Adjutant- General. CHARLESTON, S. C., July 16, 1863. General THoMAs JORDAN, Chief of Staff: GENERAL: It has been suggested by my brother, Mr. D. W. Branch, that the difficulty of holding that portion of Morris Island now in the possession of the enemy (after we shall have retaken it) might be gotten over by establishing a camp there for holding under heavy guard all Yankee prisoners, officers and privates, until it can be strongly fortified. These prisoners to be exposed during our operations. Very respectfully, & c., JOHN L. BRANCH. SURGEON-GENERALS OFFICE, Washington, July 17. 1863. Col. WILLIAM HOFFMAN, Cornmissary- General of Prisoners: SIR: Tlie Secretary of War has approved of a suggestion made by the Surgeon-General that such of the rebel wounded as are able to travel be sent as soon as practicable to the rebel States, and has directed the Surgeon-General to consult with you on the subject. You are respectfully requested to give your views and suggestions on this subject. By order of the Surgeon-General: Very respectfully, your obedient servant, JOS. H. SMITH, Surgeon, U. S. Army. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. CI., July 17, 1863. Brig. Gen. W. A. HAMMOND, Surgeon- General U. S. Army, Washington, D. C.: GENERAL: In reply to your letter of this morning in reference to sending wounded rebel prisoners to the rebel States, I have the honor to advise you that at this time, by direction of the Secretary of War, no prisoners of war are being delivered, and when deliveries are made it must be done at the places named in the cartel. I will inform you when the delivering of prisoners is resumed, and from that time it will prob- ably be most convenient for the convalescents to be sent from hos- pitals from time to time to Fort Delaware, to be for warded by the first opportunity. Very respectfully, your obedient servant, W. HOFFMAN, ~Jolonel Third Infantry and Gommissary- General of Prisoners Page 125 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 125 CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., July 17, 1863. Lieut. Col. WILLIAM II. LUDLOW, A gent of Exchange: SIR: In my communication to you of the 13th instant, declaring the exchange of certain officers who had been captured and paroled at Vicksburg, I only did what you yourself have frequently done. On at least one occasion you went further than I presumed to go. You declared your men exchanged when you had no equivalents to offer. You say in your letter of the 14th instant that you decline to unite with me in my declaration, and request me to notify the officers that their exchange cannot be recognized. I call your attention to the fifth article of the cartel, which provides that each party, upon the dis- charge of prisoners of the other party, is authorized to discharge an equal number of their own cificers or men from parole. I have exer- cised a clear right under the cartelone that you have exercised over and over again. I have already delivered to you the equivalents of these officers, which equivalents you may declare exchanged. My right to declare these officers exchanged does not depend upon your assent. After I have given you equivalents their exchange is per- fected by my declaration, whether you decline to unite with me or not. I shall not, therefore, give the notice which you request. The officers referred to are already rightfully and properly exchanged. The right to declare officers and men exchanged, where equivalents have been delivered, is one that I cannot yield, and I am unwilling to bind myself by an agreement not to exercise that right until we meet. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. CHARLESTON, S. C., July 17, 18636 v. m. S. COOPER, Adjutant and Inspector General, Richmond, Va.: Enemy still actively constructing batteries on Morris Island. Since our reconnaissance of yesterday he has evacuated James Island, con- centrating his forces on Little Folly and Morris Islands. His loss yes. terday was about forty negroes killed and fourteen prisoners; several of latter claim to be free, from Massachusetts. Shall they be turned over to State authorities with the other negroes l G. T. BEAUREGARD. HEADQUARTERS DEPARTMENT OF THE TENNESSEE, Vicics burg, Miss., July 18, 1863. Maj. Gen. J. B. MCPHERSON, Commanding Seventeenth Army Corps: GENERAL: You will take immediate charge of transporting to the steamer and embarking of the Confederate sick and wounded for New Orleans or other points to which they are to be transported by water. Make requisitions on Lieutenant-Colonel Bingham, chief quarter. master, for river transportation and for snch land transportation, ambulances, & c., as you may require, and for medical and commissary supplies on the medical director and chief commissary of the depart- ment. You will see that this order is promptly executed. By order of Maj. Gen. U. S. Grant: JNO. A. IIAWLIKS, Assistant Adjutant- General Page 126 126 PRISONERS OF WAR AND STATE, ETC. BALTIMORE, July 18, 1863. Col. WILLIAM HOFFMAN, Commissary- General of Prisoners: COLONEL: Will you please ascertain the decision of the Secretary of War about the delivery of Confederate prisoners of war at City Point0? I have no reason to believe that any such prisoners are put in the field without having been properly exchanged, and I fear that unless deliver- ies continue no more of oar men will be delivered. If it is intended to go on with deliveries please direct Lieutenant- Colonel Pelouze, assist ant adjutant-general, Seventh Army Corps, at Fort Monroe, to send Major Mulford with the flag-of-truce boat New York to Fort Delaware for the prisoners. Please notify me by telegram directed to me at 20 Amity place, New York, what the decision of the Secretary of War is. All communications so directed will reach me at the above-named address until the 25th instant. After that date I shall be at West Point. Please keep me informed of matters relating to prisoners by telegraph or letter. If I am needed at Fort Monroe I will at any time immediately proceed there to attend to the business requiring my atten- tion, without any reference to my leave of absence. Please answer the receipt of this. I go to New York to-day. I am, very respectfully, WM. H. LUDLOW, Lieutenant- Colonel and Agent for Exchange of Prisoners. P. S.lf objections be made to sending the fresh captures the old ones already enrolled and waiting transportation might be sent. There are about 1,800 of them. W. H. L. WAR DEPARTMENT, Washington, July 18, t5~63. Hon. EDWiN M. STANTON, Secretary of War: SIR; In obedience to your order of this date I proceeded to the prison ship off Alexandria and examined the prisoners therein as directed, and have the honizw to report as follows: I examined fully seven of the prisoners, who were the petitioners or leaders, separate and apart, and twenty-seven others en masse. The seven leaders swore that they were from Loudoun County, Va., taken about the 21st of June, ultimo, and carried to Generals Meades and Pleasontons headquarters; thence to the prison ship, as they supposed, by order of General Patrick. They severally swore that they had never given any aid or information to the rebels, but had fed them just as they had fed the Union soldiers. They also swore emphatically that they would not take the oath of allegiance to the United States because they were citizens of Virginia and owed their allegiance to that State, and that they sympathized with the South, but if Virginia went back into the Union then they would willingly take the oath of allegiance to the United States. They all swore that they would willingly give their parole under oath not to aid, comfort, orgive information to the rebels. These seven leading men swore substan- tially the same, evidently by consent, and they said the other twenty- seven men, all from Loudoun County, Va., and vicinity, and taken at the same time, would swear the same. I then examined the twenty-seven other men en masse, but interrogated each separately, each saying he had never given aid to the rebels, each positively refusing to take the oath of allegiance, arid each willing to give his sworn parole not to aid, comfort, or give information to the rebels unless conscripted into th Page 127 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 127 rebel army. The seven leaders are intelligent, educated menthree physicians and one teacher, the others their blind followers. Two men, John Dunlane and Richard Wilson, said they would heartily take the oath of allegiance, and had never aided the rebellion, but both were arrested as spies. Three men, Patrick Wallace, John NI cGrane, and Frank Barry, were British subjects, and are willing to swear not to aid the rebellion, and that they never have. The prison ship has been ordered by General Patrick to Washington to-morrow, and at 10 oclock to deliver the prisOners to Captain Todd, and I await your orders to execute at that hour, when the ship arrives at Sixth Street Wharf. I discharged no prisoners, as your orders could better be executed here to-morrow a. m. than at Alexandria at 8 p. m. this day. I have the names of all the prisoners. Respectfully submitted. L. C. TURNER, Judge-Advocate. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, July 18, 1863. Lient. Col. WILLIAM II. LUDLOW, Agent of Exchange: SIR: I return the inclosed unsigned communication,* not knowing whether it was written by you or intended to represent your views. I am sustained in that doubt, not only by the fact that the paper is with- out your signature, but by the extraordinary nature of some of the paragraphs. If it really does embody your views you can send it to me with your signature. Respectfully, your obedient servant, IRO. OULD, Agent of Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, July 18, 1863. Lieut. Col. WILLIAM H. LUDLOW, Agent of Exchange: SIR: Some months ago I called your attention to the case of Capt. Robert W. Baylor, who was captured last year in Virginia and who was held upon some charges. I have understood that after many delays a court was convened in his case, but that he was not allowed to choose his own counsel or introduce any witness in his behalf who would not take the Federal oath of allegiance. Can you inform me what was the finding of the court in the case or whether there was any finding, and if there was no finding what is pro- posed to be done with Captain Baylor ~ His case is certainly a very hard one. He is entirely innocent of the charges preferred against him. He has been a prisoner for more than five months and has been very roughly treated. Even now he has no bed and not a seat to sit upon. How do these things happen0? I hope this communication will meet a different fate from most of the others wherein I have ventured to make specific inquiries or bring par- ticular cases to your notice. I trust I shall at least receive some answer. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. * Not found Page 128 128 PRISONERS OF WAR AND STATE, ETC. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, July 18, 1863. Lieut. Col. WILLIAM II. LUDLOW, Agent of Exchange: Sin: I have learned from a reliable source that Maj. C. B. Owsley has been tried at Bowling Green, Ky., as a spy or for recruiting in Kentucky. Major Owsley was acting under orders from Major-General Wheeler. Will you please inform me as to the fact and what has been the resuld I am credibly informed that there are quite a number of our soldiers captured early in last year who are now held at Ship Island. Your notification to General Banks seems to have worked no results. Of the First Louisiana Regiment there are Privates McLane, Kane, Doyle, Smith, Stanley, and others captured in May, 1862, and now at Ship Island. Also Capt. William McLane, Capt. F. Taylor, Licut. Ulysses M. Wattigny, of the Thirtieth Louisiana Regiment; William Gant and John flow, of the Stuart Cavalry; and citizens J. G. Browne and Mar. shall. These officers and soldiers have all been declared exchanged, and yet in violation of our agreements are still held in confinement. In one of my former communications I asked you why you held on to Lieutenant Baker, who was captured with Colonel Morehead. Lieu- tenant Bal~er was and probably is at Fortress Monroe. You have not responded. I wished to know what was the ground of distinction between Colonel Morehead and Lieutenant Baker. Lieutenant Baker is exchanged by our agreements. Will you please answer ~ Respectfully, your obedient servant, IRO. OULD, Agent of Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, July 18, 1863. Lient. Col. WILLIAM II. LUDLOW, Agent of Exchange: Sin: Can you inform me where Lee A. Dunn, a member of the King William Home Guard, who was captured in the vicinity of iNelsons Bridge a short time ago, is ~ The officer in command of the Federal forces threatened to hang every man of the Home Guard who was cap- tured. It is represented to me that Captain Compton is confined in a dark cell, 4 by 10 feet, and manacled, and that his health is becoming so much affected by his confinement that a few weeks more will suffice to cause his death. Will you inform me whether this is so, and also what it is proposed to do with him ~ I also learn that Major Armesy (or Ormesby) and tientenant Davis are to be tried on the charge of recruiting within your lines. 1 under- stand they are confined~in a cell. I am also informed that Capt. Wil- 11am F. Gordon is in close coiifinement, and that he either has been or is to be tried upon some charge. I also learn that Captain Camp has been put in solitary confinement. I will thank you to inform me what are the charges respectively against these officers and what has been done with them, and especi- ally whether the representations herein made are true. They are all confined at Fort Mcllenry. I will also bO obliged to you if you will inform me whether it is the intention of your Government to contimmue to try our officers on the charge of recruiting within your lines, amid on conviction visit them with the death penalty. Respectfully, your obedient servant, HO. OULD, Agent of Exchange Page 129 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 129 HEADQUARTERS, Charleston, ~. C., July 18, 1863. Col. J. L. BRANCH, Charleston, ASH. C.: COLONEL: I have to acknowledge the receipt of your communica- tion of the 16th instant proposing that the portion of Morris Island now occupied by the enemy after it shall have been retaken might be held and fortified by exposing our prisoners to the enemys fire. In reply the commanding general directs me to say that it is not considered in accordance with the usages of war to use our prisoners as a means of defense or protection. Respectfully, your obedient servant, THOMAS JORDAN, Chief of Stafl~. OFFICE COMMISSARY-GENERAL 0 PRISONERS, Washington, July 19, 1863. Lieut. Col. WILLIAM H. LUDLOW, Agent for Exchange of Prisoners, New York City: COLONEL: Your letter of yesterday is just received. I am informed by General Hitchcock that there will be no more deliveries of prisoners of war until there is better understanding in relation to the cartel and a more rigid adherence to its stipulations on the part of the rebel authorities. Preparations are to be made at once for the establishment of a camp where prisoners of war who cannot be held at places now appropriated to them may be held until the matter of exchanges is satisthctorily arranged. It is desirable that our paroled prisoners, about 10,000 I think, should be exchanged for as many of the rebels pareled by Grant as will bal- ance the account, but this can only be doiie after we receive the rolls of his captures from which to select the regiments making up the requisite number to be exchanged. I will be obliged to you if you can direct that rolls of any prisoners received at Fort Monroe from the South be sent to me as early as practicable. It is necessary that I should have rolls of all prisoners of war cap- tured to enter in our books, and when rolls of exchanged prisoners are received the books are made to correspond. If I wait to get these rolls until the exchange is made,it is attended with much inconvenience in making the records, and, besides, in the meantime I do not know what prisoners we have. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third infantry and Commissary- General of Prisoners. 20 AMITY PLACE, New York, July 19, 1863. Col. WILLIAM HOFFMAN, Commissary- General of Prisoners: COLONEL: If it has been decided not to send the prisoners of war from Fort Delaware to City Point, would it hot be best to be sending the Confederate wounded there~ The steamer New York, under charge of Major Mulford, can be used, as she is well calculated to carry sick and wounded. If you so desire you can telegraph Lieutenant-Colonel 9 R RSEEIES II, VOL V Page 130 130 PRISONERS OF WAR AND STATE, ETC. Pelouze, assistant adjutant-general at Fort Monroe, wh~ will comniuni- cate the order to Major Mulford. I am, very respectfully, WM. II. LUDLOW, Lieutenant- Colonel and Agent for Exchange of Prisoners. P. S.Please inform me of arrangements, & c. I shall be here until the 24th; after that date at West Point. W. ii. L. CITY POiNT, July 19, 1dGJ. Lient. Col. WILLIN3I II. LUDLOW, Agent of Exchange: Sin: One of the political l)riso1~eIs sent by the New York on her present trip, Mr. John Glenn, I have refused to receive. In an inter- view with him he declares that he is a citizen of Maryland; that he owcs allegiance to the United States; that he owes none to the Confederate States, and will refuse to take any oath of allegiance to the same. I shall continue to refuse any person who holds the same doctrine, it is therefore useless for you to send such. Respectfully, 110. OULD, Agent ~f Exchange. MILITARY PRISON, Alton, Ill., July 19, 1863. Col. W. B. MASON, Seventy-seventh Ohio Volunteers, A lton, Ill.: COLONEL: I have iniformation from a reliable source that the Con- federate prisoners confined in this prison have it in contemplation upon the first favorable opportunity some dark night to attempt their escape by overpowering the guard or by some other means which may appear to them most feasible. To guard against the possible success of any such scheme on the part of the prisoners, I have to suggest that the prison guard may be increased by the addition of one subaltern and twenty-five men, to report to the officer of the day at sundown this evening, and that this increase to the guard may be continued so long as the prison is full, as it is at present. I am, sir, with much respect, your most obedient servant, T. HENDRICKSON, Major, U. S. Aimy, Commanding the Prrson. JOHNSONS ISLAND, July 19, 1863. Major PIERSON, Commanding Post: MAJOR: We, the undersigned, desire to make the following state- ment of facts and call your attention to the same: April 26, 1863, General Marmaduke, of the Confederate Army, attacked the post of Cape Girardean, Mo., then held by General John McNeil, as commander and ranking officer of the U. S. forces there. We, with a Captain Woodsmall and First Licut. William H. Ferrill, were wounded and left in General McNeils hands as prisoners, thus making one major, two lieutenants, and one captain held by General McNeil. General Marmaduke in retreating captured one major and three cap. tains, which in the course of a week he sent to Cape Girardeau under a flag of truce, and proffered to exchange them for his wounded officers Page 131 CORRESPONDENCE, ETC.UNJON AND CONFEDERATE. 131 General McNeil, through his assistant adjutant-general, Lient. F. L. Cramer, negotiated this exchange. General Marmaduke then released the said Federal officers in his possession, General McNeil giving him an official written obligation that as soon as General Marmadukes officers were sufficiently able to travel he would send them to his lines, and Lient. William II. Ferrill, less badly wonnded than the rest, did return to his lines with the escort that came with the Federal officers. We remained in the hospital seven weeks and then applied for a pass and escort through the Federal lines. It was not given for some reason unknown to us, but during this time General McNeil was wounded and went away; Adjutant Cramer went to his regiment at Pilot Knob, Mo., and General Davidson, who commanded the district, ordered us to Myrtle Street prison, Saint Louis, where we remained three weeks, and from thence to this place. The Federal officers who were given for us are now at liberty, and we are not oimly prisoners, but are held just as all other officers, and may perhaps remaiim in prison ami indefinite time, and that, too, when General McNeil pledged his official word we should be sent to our lines when able to be moved, and upon such positive assurance did General Mar- maduke release the Federal officers. To prove that the agreement was perfectly understood Lieutenant Ferrill was sent through, he being well enough to ride. We write you this, major, to know whether we cannot be sent through to onr lines, hoping you will have the matter investigated. For the truth of every assertion we have made we will refer you to General McNeil, F. L. Cramer, his then adjutant, but now adjutant of the First Nebraska Infantry, and to Adjutant Poole, of the post of Cape Girar- (lean. These gentlemen know all the facts of the case and know it to be as we represent it. We are satisfied there is a misunderstanding somewhere, and believe any one having the authority would send us to our lines. hoping you will attend to this for us, major, we are, very respectfully, your obedient servants, Y. II. BLACKWELL, Major. J. N. EDWARDS, A~0utant. Captain Woodsmall is still in prison in Saint Louis. [First indorseruent.] OFFICE COMMISSARY-GENERAL OF PRISONERS, July 27, 1863. Respectfully referred to Major-General Schofield, commanding Depart- ment of the Missouri, with the request that he will cause the facts of time within matter to be reported. W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. [5econd indorsement.] INSPECTOR-GENERALS OFFICE Saint Louis, Mo., August 1, 1863. Respectfully returned to the major-general commanding. The case of these officems was examined and reported upon by the undersigned July 9, 1863, and it was recommemided that they should be regularly paroled and sent within the rebel lines for the reasons there stated. JAS. TOTTEN, Brigadier- General and Inspector- General of De~artmcnt Page 132 132 PRISONERS OF WAR AND STATE, ETC. [Third indorsernc1~t.I HEADQUARTERS DEPARTMENT OF THE MISSOURI, AS1aint Louis, August 3, 1863. Respectfully returned to Colonel Hoffman with information that after full investigation of the cases of Major Blackwell and Adjutant Edwards I had decided that their exchange, though not entirely regu- lar, should be approved and carried out, it having been carried out in apparent good faith by the Confederates. Hence, on the 20th of July last I ordered that the above-named Confederate officers be sent to the enemys lines. This order was not carried out because before it was received by the provost-marshal-general of the department the pris- oners bad been sent to Johnsons Island. I respectfully request that they be returned without delay to Saint Louis, to be sent to the enemys lines and declared duly exchanged. J. M. SCHOFIELD, Major- General. CASTLE PlNCKNEY, July 19, 1863. Capt. W. F. NANCE, Assistant Adjutant- General: Negro prisoners are willing to submit to the State laws; they are willing to go to Battery Bee and work. W. II. PERONINEAU, Captain, Commanding. QuARTERMASTER-GENERALS OFFICE, Washington, July 20, 1863. General D. II. IRUCKER, Chi~f Quartermaster, U. S. Army, Washington: GENERAL: lt is proposed, as I am informed, by the General-iu-Chief to establish a depot for prisoners of war at Point Lookout. The officer to command has not yet been (lesignated, but it is proper to make provision in advance. The depot will probably ultimately be constructed for 10,000 prisoners; for the present for 5,000. Old tents should be sent from those in depot and necessary camp and garrison equipage, lumber to erect kitchens and store-houses, and large cast-iron boilers for cooking. The labor will be performed by the prisoners themselves, but preliminary arrangements should be made by this department. Have you an officer disposable for it to send there to establish the depot ~? If not, Captain Edwards, post quartermaster, should be called upon to receive the property. Lumber should be obtained by requisition from Baltimore. Colonel Donaldson will fill your requisition. M. C. MUGS, Quartermaster- General. QUARTERMASTER-GENERALS OFFICE, Washington, July 20, 1863. Brig. Gen. D. H. HUCKER, Chief Quartermaster: In order to secure discretion and economy in the arrangement of kitchens and other necessary buildings at the prisoners depot at Point Lookout, I think that the general plans should be prepared by a person of experience, and 1 know none who has had more in such construction Page 133 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 133 than Mr. Clark. He has been at the place. I advise that the estimates and plans be prepared by him iLmile(liately. The slightest sketch will enable us to begin the work on a system and increase it as may be necessary. M. C. MEIGS, Quarterm aster- General. OFFICE COMMISSARY-GENERAL OF PRISONERS, Ma~. Gen. U. ~. GRANT, Washington, July 20, 1863. Commanding Department of the Tennessee, Memphis, Tenn.: GENERAL: I have the honor to iiiclose herewith a list* of rebel i)ris- oners of war captured by the forces nuder Major- General Sherman and paroled by his order at Jackson, Miss. Rolls of paroled prisoners of war cannot be used in making exchanges unless there is on them the receipt of the authorized agent or officer who receives them, and as there is nothing oii these rolls to show that the rebel authorities had any knowledge of the transaction they are of no value. General Orders, No. 49, of February 28, and the subsequent order (No. 100) prescribe the mode of paroling, which does not seem to have been followed in this case. Paragraph 2, General Orders, No. 207, applies particularly to cases of this kind. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third infantry and Commissary- General of Prisoners. - OFFICE COMMISSARY-GENERAL OF PRISONERS, Wasluncton Brig. Gen. W. A. HAMMOND, , D. C., July 20, 1863. Surgeon- General U. S. Army, Washington, D. C.: GENERAL: It will probably be necessary at the hospitals designated for rebel prisoners of war to issue clothing to them, and to prOvi(ie for such a case I have the honor to request you will instruct the surgeon in charge to be governed by the accompanying regulations in rnakiiig their estimates for clothing and in their issues.t The estimates may be made by telegram if necessary. Allow mc to request also you will direct that so far as they are apl)licable the other 1)aragraphs of these regulations be put in force. I will forward to the two hospitals blank rolls and returns. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third infantry and Commissary- General of Prisoners. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, July 20, 18634 Maj. JOHN B. MIJLFORD, Assistant Agent of Exchange: SIR: I will thank you to inform me it Capt. B. G. Dc Jarnette is held in any other condition than as a prisoner of war. He is regularly in the Confederate service amid was on duty in his uniform when cap- tured. He was acting in obedience to orders from his superior officer. * Omitted. t See Vol. IV, this series, p. 152. Void; see Vol. VII, this series, p. 477 Page 134 134 PRISONERS OF WAR AND STATE, ETC. Such being the case, if any unusual proceeding is instituted against Captain Dc Jarnette, or if he is treated in any manner other than as a prisoner of war, we will be reluctantly compelled to adopt retaliatory measures. Respectfully, your obedient servant, 110. OULD, Agent of Exchange. SPECIAL ORDERS, HEADQUARTERS OF TIlE ARMY, ADJUTANT-GENERALS OFFICE, No. 322. ) Washington, July 20, 1863. 1. Colonel Root, Ninety-fourth New York Volunteers, will 1)roceed to Annapolis, Md., and relieve Colonel Sangstcr in the command of Camp Parole, at that place. * * * * * * * By command of Major-General Halleck: E. D. TOWNSEND, Assistant Adjutant (Jeneral. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, July 20, 1863. General S. B. BUCKNER, Knoxville, Tenn.: Keep securely guarded the Federal officers taken recruiting in Ten- nessee and furnish the evidence of their action. JAMES A. SEDDON, Secretary of War. HEADQUARTERS DEPARTMENT OF THE SOUTH, Morris Island, S. C., July 21, 1863. Brig. Gen. JOHNSON HAGOOD, Commanding Confederate Forces, Morris Island, S. C.: SIR: Your proposition for a mutual parole of wounded prisoners is acceded to, the paroled men to be exchanged at once. The Confederate wounded being at Hilton head, I propose that the exchange take place from steamers meeting somewhere in the harbor where the water is still. Very respectfully, your obedient servant, Q. A. ~4ILLMORE, Brigadier- (Jeneral, Commanding. [JULY 21, 1863.For Jones to Seddon, recommending rigid treat- ment of Col. William H. Powell, U. S. Army, for alleged violations of the rules and usages of civilized warfare, see Series I, Vol. XXVII, Part Ill, p. 1034.1 CHARLESTON, July 21, 1863. General S. COOPER: Tis very important not to exchange prisoners for one month sent from here. What shall be done with the negro prisoners who say they are free ~ Please answer. G. T. BEAUREGARD Page 135 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 135 In(lorsernent.] Respectfully submitted to the Secrctary of War. JNO. WITHERS, Assistant Adjutant- General. DEFENSES OF BALTIMORE, Fort McHenry, lId., July 22, 1863. Brig. Gen. L. THOMAS, Adjutant-General U. ki. Army: GENERAL: I have the honor to inform you that iii consequence of the want of accommodations a large portiou of the prisoners of war received at this post are while here entirely without shelter. Upon many of the sick and wounded these exposures operate with great severity. I would respectfully recommend, therefore, the erection of cheap buildings or sheds of capacity to accommodate 1,000 persons, together with suitable hospital accommodations. I am, general, with great respect, your obedient servant, XV. W. MORRIS, Brevet Brigadier- General, Commanding. NEW YoRK, July 22, 1863. Col. WILLIAM HOFFMAN, Commissary- General of Prisoners: COLONEL: Yours of the 19th instant is received. I have no roll of any prisoners not recorded by you except the one of those brought by the Cahawba. This will be sent to you on my return to Fort Monroe. The Secretary of War mentioned to me about sending ihe wounded rebels to City Point to be taken care of by their own friends. Please ascertain if he so desires and inform me by telegraph. In such case you cnn have the use of the steamer New York. I leave for West Point to-morrow. I am, very respectfully, your obedient servant, WiXL II. LUI)LOW, Lieutenant- Colonel and Agent for Exchange of Prisoners. NEW YORK, July 22, 1863. Col. WILLIAM HOFFMAN, Commissary- General of Prisoners: COLONEL: Can you inform me how stand the cases of Captain Baylor, Captain Compton, Major Arinesy (or Ormesb~), Lieutenant Davis, Capt. William F. Gordon, and Captain Camp, all said to be cou- fined at Fort Mdllenry and reported to the Confederates as harshiy treated? This of course is not so, and I would like to reccive from you a statement of their true condition, status, and treatment. Can you give me any information about James W. Foster, of Mosbys command, captured seven or eight weeks ago in the town of Middleburg, Va.? Also of Lee A. Dunn, one of the King William Home Guard, captured a short time ago in the vicinity of Nelsons Bridge? Where is Col. Andrew Talcott (arrested in New York), now confined, and what are the charges against him? Can you also give me any information of Maj. C. B. Owsley, said to have been tried at Bowling Green, Ky., as a spy? Please give me replies to the above inquiries at your earliest convenience. I am, very respectfully, your obedient servant, WM. H. LUDLOW, Lieutenant- Colonel and Agent for Exchange of Prisoners Page 136 136 PRISONERS OF WAR AND STATE, ETC. NEW YORK, July 22, 1863. Col. WM. hOFFMAN, (Jommis8ary- General of Pri8oners: COLONEL: I in close to you a copy of communication just received by me.* Political prisoneis have been almost daily received at Fort Monroe who have been sent there by order of General Schetick to be sent through the lines. Mr. John Glenn, the party named, is one of these. I am, very respectfully, your obedient servant, Wid. II. LIJDLOW, Lieutenant- Colonel and Agent for Exchange of Prisoners. N~w YORK, July 22, 1863. Hon. ROBERT OULD, A gent for Exchange of Prisoners: Sn~: Your communication of the 17th instant has been forwarded to me here. There is no authority in the cartel for your proposed declaration of exchange of your officers captured at Yicksburg in the manner you indicate. The cartel provides for exchanges of equal rank until such are exhausted and then for equivalents. In consequence of the very much larger number of your officers and men we hold on parole and in con- finement you can give no equivalents for the general officers you desire to have exchanged. You cannot for a moment assume that you can select a general officer and declare his equivalents in those of inferior rank when we hold the paroles of your officers of the same rank as the latter. But even supposing this arrangement was permitted by the cartel I do not see how you could avail yourself of it at this time. You will recollect that since the proclamation of the Hon. Jefferson Davis of December last, and more especially since the passage of the act of your Congress in reference to our captured officers, both of which were in violation of the cartel, and have caused in the one case a temporary and in the other a continued suspension of exchanges of officers under the cartel, that all such exchanges have been subjects of special agreement between us. To avoid the complications and annoyances of these special agree- ments I have again and again urged you to a return to the cartel, but up to the present moment in vain. On the contrary, you retain in close confinement large numbers of our officers foi whom I have made a demand and tendered equivalents. Until you consent to a return to the terms prescribed by the cartel for exchanges of officers I shall not consent to any exchanges of them, except on special agreements. I repeat to you that I decline to unite in your proposed declaration of exchange of officers captured at Vicks burg, and if recaptured they will be dealt with as violators of their paroles. Ought you not, in justice to these officers, to notify them of the exact condition of their cases and thus enable them to avoid being placed in a false position? if you are authorized to deliver our officers now held in close con- finement, and to a return to the cartel in exchanges of all officers and men, all the complicated questions which have arisen within the last few months can be promptly disposed of. To such a return, in the name of humanity, I again invite you. I am now only waiting the See Ould to Ludlow, July 19, P. 130 Page 137 CORRESPONDENCE, ETC.IJNION AND CONFEDERATE. 137 receipt of papers connected with the Yicksburg capture before going to City Point. I am, very respectfully, your obedient servant, WM. II. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, July 22, 1863. Lieut. Col. WILLIAM H. LUDLOW, Agent of Exchange: SIR: I respectfully call to your attention the case of Mayor Monroe, of New Orleans. He has now been in prison for more thati fourteen months. lie was placed there for his remonstrance against General Butlers order in reference to the ladies of New Orleans. Js not an imprisonment for fourteen months a sufficient punishment lhr such an offense l His family is in a most wretched and poverty-stricken condition, sufficiently so, certainly, to excite the sympathy of even an enemy. Will you not make diligent inquiry into his case and use every endeavor to secure his release and his return to his family ~ Respectfully, your obedient servaub HO. OULD, Agent of Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, July 22, 1863. Lient. Col. WILLIAM II. LUDLOW, Agent of Exchange: SIR: I call your special attention to the inclosed list of person s~ captured in Louisiana in May last. They have all been sent to the prison at Alton, Ill. Is it the purpose of your Government to keep these persons in con- finement. If so, how long and for what reason ~ Respectfully, your obedient servant, HO. OULD, Agent of Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, S ely 22, 1863. Capt. JOHN B. MULFORD: SIR: We have several thousands of your prisoners still ~in Richmond ready for delivery. Mrs. Sawyer and Mr. W. Whilden cannot be per- mitted to land at City Point. I am sorry they have been put to the trouble of coming. I have certainly at no time hinted that they would be permitted to land. If any person has stated to them that they could, it has been done without proper authority. In view of the course which has been pursued by the U. S. authorities in reference to corn- munication between the Confederate States and the United States, I do not see how any person could suppose that Mrs. Sawyer and her rela- tive would be allowed to come to Richmond. With reference to Messrs. Stewart and McKenzie, I have given to Captain - Hatch the proper instructions. Respectfully, your obedient servant, HO. OULD, Agent of Exchange. Oiiiitted Page 138 188 PRISONERS OF WAR AND STATE, ETC. SPECIAL ORDERS, HEADQUARTERS MIDDLE DEPARTMENT, No. 197. Baltimore, Md., July 22, 1863. I. The following regulations for providing more fully for the wants of prisoners of war are adopted, and the provost-marshal, Eighth Army Corps, is charged with the duty of securing their observance: II. Such articles of food may be admitted into the jail for the sick as may be recommended by the surgeon in charge, to be used under his direction. III. The surgeon in charge will be careful to report to the medical director for transfer to the general hospital any case among the sick requiring more careful treatment than can be given at the jail. IV. Prisoners to be organized into squads of convenient size to be under the charge of one of their number, through whom they will com- municate their wants, and will have charge of the police. V. Prisoners may write letters totheir friends on domestic matters; the letters to be open. VT. Such articles of underclothing, shirts, drawers, and socks, to be allowed to the prisoners as may be necessary to insnre cleanliness. By command of Major-General Schenck: W. II. CHESEBIROUGH, A ssistant Adjutant- General. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, July 22, 1863. Lieut. Gen. J. C. PEMBERTON, Enterprise, Miss.: GENERAL: The within papers are communicated to you, and through you to the other officers con ceined, that they may see exactly the grounds on which the unwarrantable objection taken by the Federal coinmis- sioner to the terms of their exchange is rested. I have only to add that in the judgment of the President the exchange has been right. hilly ciTheted according to the true construction of the cartel, and the officers are discharged from the obligation of their parole. Your obedient servant, JAMES A. SEDDON, Secretary of War. ]1remorandi~ .Contents of papers in closed. Eu-st. Declaration by Mr. Ould, commissioner for exchange of prison- ers, July 13, 1863.* Second. Communication on the subject from Mr. Oi~ld to Colonel Lud- low, Federal agent and commissioner, July 13, 1863.1 Third. Reply of Colonel Ludlow to Colonel Ould, July 14, 1863.1 Fourth. Response of Mr. Ould to Ludlow, July 17, 1863.t CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, July 22, 1863. Major-General BUCKNER, Commanding: GENERAL: Your letter of the 14th instant has been received. This Government cannot hold any opinion in reference to citizens of Ten- nessee who enlist in the service of the United States, or who give them aid or comfort in their war upon the Confederate States, but that they Not found. t See pp. 113, 116, 125 Page 139 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 139 are guilty of treasoi. Their entry within the lines of the Confederate Army, while their relations are those of enmity to the Confederate States, as members of the Army of the United States, subjects them to the law and usages of war as applicable to such cases. These conclusions may be fairly implied from the decision of the President in the case of Harris, who was tried at Knoxville by a court-mar- tial. He had from the beginning of the difficulties selected the party of the United States as his own. tie protested against being enrolled as a conscript and announced his determination to resist conscription. He was sentenced as a deserter for leaving Tennessee and joining tjhe Federal Army it is not, however, desirable to prosecute many of these cases. The United States, from their occupancy of so much of our territory and from the facility with which they can seize prominent cit- izens, have a great advantage over us. They can retaliate to a mis- chievous extent and inflict far more of evil upon us than we can upon them by adopting extreme measures of severity. The Department has not prosecnted for treasoiu any of the various offenders who have been charged in the States of Yirginia and North Carolina, and have treated as prisoners of war or held as disloyal persons, to be kept as hostages, the persons coming under the classifications you have mentioned. Yery respectfully, your obedient servaht, JAMES A. SEDDON, Secretary of War. 1tWIIMOND, July 22, 18G3. General G. T. BEAUREGARD, Charleston, S. C.: GENERAL: The joint resolutions of the last Congress control the disposition of all negroes taken in arms. They are to be handed over to the authorities of th~ State where captured to be dealt with accord- ing to the laws thereof. JAMES A. SEDDON, Secretary of War. STATE OF SOUTH CAROLINA EXECUTiVE DEPARTMENT, Charleston, July 22, 18G3. General G. T. BEAUREGARD, Commantling Department: SIR: I am informed that on the 11th instant, on James Island, certain negro slaves of different Confederate States were captured in arms in insurrection against the lawful authority of the State of South Caro- lina, and associated with them were a number of armed free negroes from the Federal State of Massachusetts; and that on the night of the 18th instant there were captured in arms on Morris Jsland certain other negro slaves of different Confederate States, as also certain other armed free negroes of Federal States, and also certain commissioned officers of the United States found serving in company with armed slaves in insurrection against the authority of South Carolina. By proclamation of the President of the 23d of December, 1862, among other things it was ordered that all negro slaves captured in arms be at once delivered over to the executive authorities of the respective States to which they belong to be dealt with according to the laws of said States. Also that the like orders be executed in all cases with respect to all commissioned officers of the United States when found serving in company with armed slaves in insurrection against the authorities of the different States of this Confederacy. The observ- ance and enforcement of the above orders by the officers of the C. S Page 140 140 PRISONERS OF WAR AND STATE, ETC. Army is required by an order from the office of the Adjutaiit and Inspector Genera] of the 24th of December, 1862. No action having been as yet taken on your part, so far as I am informed, to carry into effect the above orders, I deeni it my duty to the State to call yonr attention to the matter and ask that you will turn over to me the said commissioned officers and slaves to be dealt with according to the laws of this State. The expression in the order as to turning over slaves in arms, namely, to the executive authorities of the respective States to which they belong, was used by the President under the supposition, I presume, that the slaves would be found in insurrection in the States to which they belong and that he could but mean that they are to be turned over to the executive authorities of those States iu which the offense might be committed. But if you should differ from me in this opinion I then request that you will retain them here till the question shall be (lecided by the President and till my demand for their delivery to inc can be made according to law on the Governors of the States to which they respectively belong. The point as to free negroes is for the present reserved till I can cor- respond directly with the War Department as to their disposition, and I request that they also be retained. I am, sir, very respectfully, your ob& dient servant, M. L. BONEJAM. [First indorsernent.] CHARLESTON, S. C., July 23, 1863. Respectfully referred for the consideration and instructions of War Department. G. T. BEAUREGARD, General, Commanding. [Second indorsement.] JULY 27, 1863. Respectfully submitted to Secretary of War. S. COOPER. Adjutant and Inspector General. [Third indorsemerit. I SECRETARY OF WAR: The question presented ill this file of papers is whether persons of color belonging to the Army of the United States and captured by the Confederate troops are to be surrendered to the State authorities of the State in which the capture is made when there is no testimony to show that these persons had been slaves in that Stat~. The ground on which the claim of the State rests is not apprehended. J. A. CAMPBELL, Assistant Secretary of War. GENERAL ORDERS, WAR DEPT., ADJT. GENERALS OEFJCE, No. 226. Washington, July 23, 1863. The county of Saint Marys, Md., is detached from the Middle Department and will form a 8eparate military district. Brig. Gen. G. Marston is assigned to the command of Saint Marys District, head- quarters at Point Lookout. By order of the Secretary of War: E. D. TOWNSEND, Assistant Adjutant- General Page 141 CORRESPONDENCE. ETC.UNJON AND CONFEDERATE. 141 GENERAL ORDERS, ~ WAis~ DEPT., ADJT. GENERALS OFFICE, No. 227. Washington, July 23, 1863. Brig. Gen. S. A. Meredith will repair to Fort Monroe and relieve Lieutenant-Colorel Ludlow of the duties of agent for exchange of pris- oiiers. After turning over to General Meredith all papers connected with his office Lieutenant-Colonel Ludlow will report to the Adjutant- General of the Army. By order of the Secretary of War: E. D. TOWNSEND, Assistant Adjutant- General. GENERAL ORDERS, ~ WAR DEPT., ADJT. GENERALS OFFICE, No. 228. Washington, July 23, 1863. In the ease of James Clark Lisle, tried at Cincinnati, Ohio, by gen- eral court-martial on the charge of being found and arrested within the lines of the U. S. forces as a spy, convicted and sentenced by General Orders, No. 106, Department of the Ohio, June 19, 1863, to be punished with death by hanging by the neck, at such time and place as the commanding general shall direct, strong additional testimony having been produced by which it is clearly shown he was a member of Colonel Clukes regiment, of General Morgans command of rebel troops, and not a spy, the sentence in his case is remitted by the Presi- dent, with directions that he be held and treated as a prisoner of war. By order of the Secretary of War: E. D. TOWNSEND, Assistant Adjutant- General. WAR DEPARTMENT, Washington, July 23, 1863. Maj. JOHN E. MIJLFORD, Commanding Flag-of- Truce Boat, Fortress Monroe, Va.: MAJOR: You will report for duty to Brig. Geii. S. A. Meredith as commissioner of exchanges, assigned to relieve Lieutenant-Colonel Ludlow. Very respectfully, your obedient servant, EDWIN M. STANTON, Secretary of War. WASHINGTON, 1). C., July 23, 1863. Brig. Gen. G. MARSTON: GENERAL: You will immediately proceed to the Army of the Poto- mac and report to General Meade for a guard of about 300 men for the prison camp to be established at Point Lookout. Probably the Second, Fifth, and Twelfth New Hampshire Volunteers can be assigned to you for this purpose. With this guard and such prisoners of war as may be placed in your charge you will return to Washington and apply to the quartermaster for transportation to Point Lookout, where you will establIsh a camp for prisoners of war. Tents, lumber for kitchens, cooking apparatus, & c., have already been ordered to that place by the quartermasters department. The camp should be so laid out that it can be extended sufficiently to accommodate about 10,000 prisoners. You will make requisition on the quartermasters depart- ment for twenty horses and equipments for mounting that number of your men for patrols and scouts Page 142 142 PRISONERS OF WAR AND STATE, ETC. The strictest guard must be kept over the prisoners and also order, discipline, and cleanliness in their camp. As soon as your men are mounted you will relieve the company of Maryland cavalry at that post and direct it to report for orders to the commanding general of the Middle Department. You will report directly to the Adjutant- General of the Army. You will show these instructions to Major- General Meade, commanding. Very respectfully, your obedient servant, II. W. HALLECK, (Jeneral-in- Chief OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., July 23, 1863. Hon. E. M. STANTON, Secretary oJ iVar, Washington, D. C.: SIR: I have the honor to submit the following report of my exami- nation into the condition of the Confederate nrisoners in the West IJos- pital and other hospitals in Baltimore, made pursuant to your instLuc- tions of the 21st instant: I left the city by the first train after receiving your order, and imme- diately on my arrival at Baltimore called on the medical director, Surgeon Simpson, who accompanied me to the West Hospital, where I found nineteen sick and wounded rebel prisoners occupying two hos- pital tents pitched adjacent to the hospital. All were provided with bedsteads and sufficient bedding and had received proper medical treatment, but they were iiot as comfortable as they would be in the hospital, and I directed that they should be removed to one of the wards where sufficient room could be made to receive theni. The change had not been made when I returned to the hospital yesterday through the neglect of the surgeon in charge, but Surgeon Simpson reiterated his orders and assured me the change should take place without further delay. These men were attended by four rebel prisoners, but as they could be under no restraint and took little interest in their duties I advised that when the sick were moved into the hospital they should have the attention of the regular nurses, and this arrangement will be made. The wards of the West Hospital are very spacious, well ventilated, and in excellent police, but the mess-room and grounds about the door were in very bad police, which the surgeon in charge endeavored to excuse by the plea that an unusual number of sick had been fed there within the last ten days, but this excuse did not cover the neglect as two or three days had elapsed since they were so crowded. Yesterday morning I visited Fort Mdllenry, where I found that nearly all the prisoners of war had been removed to Fort Delaware. There were twelve officers sick at the post hospital, where everything was in excellent condition an(l the patients received the kindest treatment. There are three other officersone sick and two woundedwho are in the building in which the prisoners at the post are confined, where they are not properly provided for, but a tent is to be immediately prepared for them near the hospital, where they will be made very comfortable. There are very limited accommodations for prisoners at Fort McHenry, and the commanding officer will recommend that two rough buildings, to quarter a thousand men, with a hospital sufficient for fifty to one hundred patients, be erected near the building now used for that pur- pose, and I shall concur in his recommendatio Page 143 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 143 After returllil)g to the city I visited the jail, where there are about 700 prisoners of war. They occupy one-half the building, which is light and airy and well ventilated, and the prisoners are very com- fortable without being crowded. The police is excellent. They are furnished with the hire of the prison, which is beef or bean soup, bread, and coffee. Among these prisoners there are about seventy-five cases of diarrhea who require only a change of diet. A few of these cases who need more special care are l)rovidcd for in a room in the jail, where they are attended by their fellow-prisoners. Offers of various articles of food suitable for the sick have been ten- dered by the Ladies Association of Baltimore, and I directed that such articles as were al)proved by the surgeon in charge should be received and used under his supervision and control. I directed also that when any of these prisoners became so ill as to require more careful treat- ment than could be given to them at the prison the fact should be reported to the medical director in order that ihe patient might be removed to a hospital. To insure cleanliness among these l)risoners I directed that they might be permitted to receive from the contributions that were offered a sufficient supply of underclothingshirts, drawers, and socksto be distributed by an officer designated by the provost-marshal to such men as were in actual want. I then visited the only other hospital containing rebel prisoners and there was but one there. lie was in the last stage of typhoid fever and it was not expected lie would live through the (lay. Attendants were with him and he was receiving all the care which his casedemanded. Between the 13th and 19th of July about 900 (892) sick and wounded rebel l)risoners were received in Baltimore and traiisferred to the hos- pital on Davids Island, N. V., and 875 were received and transferred to the hospital at Chester, Pa, In almost every instance these mcii arrived in Baltimore at night, and it could not be otherwise than that there must be some cases of exposure and suffering, though as fir as possible every preparation was made in anticipation of their arrival, and the same thing necessarily occurred with our own sick and wounded arriving from Gettysburg. A detailed report of the whole matter, of the reception aimd disposal of the sick and wounded, will be made to the Surgeon-General immedi- ately by Medical Inspector W. H. Mussey. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantr~, and Commissary- General of 1~risoners. OFFICE COMMISSARY-GENERAL OF PRISONERS, C Jul Washington, ii). ., y 23, 1863. Brig. Gen. 0. B. WILLCOX, Commanding, Indianapolis, md.: GENERAL: I have received a telegram from 1-us Excellency Governor Morton, in which lie informs me that the 800 exchanged men of Streights brigade, at Camp Morton, are becoming demoralized for want of officers, and if their services are not required to guard prison- ers it would be well to order them for duty elsewhere. On the 9th of June General IRosecrans asked for the men of Streights brigade, and General Burn side was directed to send him all who could be spared. When these men were exchanged there were iio other paroled men so classified that they could be exchanged, the rolls being made up o Page 144 144 PRISONERS OF WAR AND STATE, ETC. small parties captured at different times in different places, and Streights brigade was exchanged for the purpose of being used as guards for prisoners of war until their officers could be exchanged, and my impression is that they are indispensable for that purpose. The prospect is that we will have a large body of prisoners on our hands, and Camp Morton will have its full share. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. OFFICE COMMiSSARY-GENERAL OF PRISONERS, Washington, D. C., July 23, 1863. QUARTERMASTER-GENERAL: I am satisfied from a personal visit to Fort Mdllenry that the build- ings recommended by General Morris* are much needed, and I respect- fully urge that they be ordered. Respectfully referred to the Quartermaster-General. W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., July 23, 1863. Surg. J. SDIONS, General Hospital, Darids Island, N. Y.: SIR: By direction of the Secretary of War all the sick and wounded enlisted rebel prisoners of war in your charge who are in a sufficiently convalescent condition will be delivered at City Point, Va., with as little delay as practicable. Duplicate parole-rolls will be sent with the party and a roll without paroles will be sent to this office. The names should be arranged on the rolls alphabetically by regiments. Please call on the general commanding iii New York for a suitable guard and on the quartermaster for transportation, which will be engaged to deliver the prisoners at Fort Monroe or City Point, as the agent for exchange of prisoners at the former place may direct, to whom the commanding officer of the guard should be directed to report on his arrival. A medical officer with a sufficient number of attendants should accompany the prisoners. Please inform me by telegram of the number and the probable time of their departure. Very respectfully, your obedient servant, W. HOFFMAN. Colonel Third Infantry and Commissary- General of Prisoners. (Same to Surg. E. Swift, General Hospital, Chester, Pa.) OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., July 23, 1863. Lient. Col. J. L. DONALDSON, Assistant Quartermaster, U. AS~. Army, Baltimore, Mid.: COLONEL: Your letter of the 21st is received, and in reply I have to say that the arrangement for the prisoners of xvar at the jail is very ~ in letter of 224 to Adjutant-Cencral Thomas, p. 135 Page 145 CORRESPONDENCE, ETC.UNJON AND CONFEDERATE. 145 satisfactory. After a personal visit there yesterday I authorized the distribution of underclothing to such of them as required it. I under- stood that as much clothing as was necessary had been offered as con- tributions, but if there is any deficiency it may be made up in the manner you propose. I inclose herewith regulations issued by author- ity of the War Department, which prescribe the mode of issuing cloth- ing to prisoners of war.* If you have any blankets on hand which are untit for issue I wish you would furnish one to each prisoner who is without bedding. They should be returned to your department when the prisoners leave the jail, to be used again on similar occasions. Will you please mention the matter to the provost-marshal, who is in immediate charge of the prisoners ~ Prisoners of war can be permitted to take the oath of allegiance only on a special report of the case and by authority of the Secretary of War. The prisoners from Sandusky, about whom I telegraphed to you to-day, should not have been sent on, and I wish them to remain at Fort Mdllenry or in the jail, whichever may be the most convenient, till others are to be delivered at City Point. Very respectfully, your obedient servant,~~~ HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. CHARLESTON, S. C., July 23, 1863. J. A. SEDDON, Secretary of War, Richmond, Va.: I know of no joint resolution about disposition of captured negroes. Hon. W. P. Miles informed me it failed to pass. G. T. BEAUREGARD. SAMUEL COOPER, CHARLESTON, S. C., July 23, 1863. Adjutant and Inspector General, Richmond, Va.: Enemy has not carried out carte] iii connection with prisoners of this command, who have been retained for months at Hilton Head. G. T. BEAUREGARD.. STATE OF SOUTH CAROLINA, EXECUTIVE DEPARTMENT, Charleston, July 23, 1863. Hon. JAMES A. SEDDON, Secretary of War, Richmond: SIR: Inclosed I have the honor to submit to you a copy of my demand, under General Orders, No. 3, dated December 24, 1862, containing the proclamation of President Davis, upon General Beauregard for certain negro slaves and commissioned officers in company with them captured in arms on James and Morris Islands on the 11th and 18th instant.t I now beg leave to call your attention to the free negroes who were captured at the same time. By an act of our assembly of 1805 (5 Stat., 503) it is enacted that Every person or persons who shall or may be, either directly or indirectly, con- cerned or connected with any slave or slaves in a state of actual insurrection within this State, or who shall in any manner or to any extent excite, counsel, advise, induce, * See Vol. IV, this series, p. 152. See Bonbaai to Beauregard, July 22, p. 139. 10 R RSERIES II, VOL V Page 146 146 PRISONERS OF WAR AND STATE, ETC. aid, comfort, or assist any slave or slaves to raise or to attempt to raise an insurrec- tion within this State by furnishing them with any written or other passport, with arms or ammunition, or munitions of war, or knowing of thei assembling for any purpose tending to treason or insurrection, shall afford to them shelter or protection, or shall permit his, her, or their house or houses to be resorted to by any slave or slaves for any purpose tending to treason or insurrection as aforesaid, shall, on con- viction thereof in any court having jurisdiction thereof, by confession in open eonrt or by the testimony of his witnesses, be adjudged guilty of treason against the State and suffer death. You will perceive by my letter to General Beauregard that there were slaves in insurrection and that the free negroes were concerned and connected with those slaves in a state of iusiiurection, and are therefore amenable to this law. I cannot suppose the mere fact that these free negroes were under the flag and clothed in the uniform of the United States will protect them from the operation of the State laws on the subject of insurrection. 1 therefore respectfully request that these free negroes be turned over to me to be dealt with under the laws of this State. I have the honor to remain, your obedient servant, M. L. BONHAM. HEADQUARTERS DEPARTMENT o~ S. C., GA., AND FLA., Charleston, S. C., July 23, 1863. Surgeon CROWELL, Medical Director of Hospitals: SIR: Lieutenant Kearny informs me that you called to see me this evening for some explanations as to the precise wishes of the command- ing general relative to the wonn(le(l prisoners which I had sought to express in my previous letter of this date. It appears that you are in doubt whether or not it was designed that the wounded negroes should be sent. Assumedly not, as the authorities of the Confederate States have uniformly declared that the introduction in this war of negro troops would not be permitted. I learn that certain of the prisoners are without clothing, and that you are in doubt as to what should be done with them. Of course, they must be clad as far as decency demands by the quartermasters department, and this I think was cov- ered by so much of my communication as prescribed that there should be due attention paid to the comfort of these men. Respectfully, your obedient servant, T. JORDAN, Chief of Staff. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., July 24, 1863. Maj. Gen. H. C. SCHENOK, Commanding ilfiddle Department, Baltimore, Aid.: GENERAL: I am informed by Lieutenant-Colonel Ludlow, agent for exchange of prisoners, that Mr. Ould, Confederate agent, declines to receive Mr. John Glenn, a political prisoner who was forwarded from Baltimore to City Point recently, on the ground that he claims to be a citizen of Maryland; that he owes allegiance to the United States and not to the Confederate States, and that he will refuse to take any oath of allegiance to said States. Mr. Ould also announces that he will continue to refuse any person who holds to the same sentiments. Very respectfully, your obedient servant, W. HOFFMAN, Qolonel Third Infantry and Commissary- General of Prisoners Page 147 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 147 OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. 0., July -21, 1863. Lient. Col. W. II. LUDLOW, Agent Jor Exchange of Prisoners, West Point, N. 117.: COLONEL: I have received this morning your three letters of the 22d instant. I have also been furnished this morning with a copy of the order of the Secretary of War which directs Brigadier-General Meredith to relieve you ill the duties of agent for exchange of pris- oiiers of war, which makes it unnecessary that I should trouble you with anything relating to the status iu which we have been heretofore associated. Permit me to express here my sincere regret that our offi- cial relations, which have been so agreeable, are now to be terminated. Very resl)ectfthily, your obedient servant W. HOFFMAN, Colonel Third I4antry and Commissary- General of Prisoners. CHARLESTON, S. C., July 24, 1863. SAMUEL COOPER, Adjutant and inspector General, Richmond, Va,: I sent prisoners captured 18th instant to Columbia to be kept there. General Winder orders Colonel Preston to send them to Richmond. I wish particularly to keep them subject to my orders. G. T. BEAUREGARD. HEADQUARTERS OF THE ARMY, Washington, July 25, 1863. Major-General BANKS, New Orleans: GENERAL: Your communication of the 10th instant is received.* It is very much to be regretted that the prisoners taken at Port Hudson were paroled. It is feared that the enemy will not regard such paroles, on the ground that they were not in accordance with the cartel. They gave notice in May last that prisoners of war must be delivered and paroled as provided in the seventh article of the cartel, and that any parole given iii violation of those provisions would be considered as null and void. Should these prisomiers be returned to the ranks with- out exchange, would we be justified in punishing them for violation of parole ? I fear not, for an illegal parole is null and void. All prisoners captured from Lees army amid improperly paroled were immediately returned to duty and we could make 110 complaints. Your 1)articular attention is called to the cartel, which, being a special agreement between the belligerents, must be strictly observed by both parties. It will be sceit that prisoners are not to be paroled until delivered at the points specified in the cartel or agreed upon by the comumandiug gen- erals of the opposing armies. Had you ma(le an agreement with Gen- eral Gardner before his surrender in regard to the delivery and paroling it would have come within the conditions of the cartel. But a prisoner of war cannot enter into any agreement with his cal)tor wimich will bind his Governnment. I do not un(lerstand, however, that there was any agreement of this kind with General Gardner either before or after his See Series I, Vol. XXVI, Part I, p. 55 Page 148 148 PRISONERS OF WAR AND STATE, ETC. surrender. I take it that the release and paroling of the soldiers was a voluntary act on your part and therefore not covered by the cartel. Yery respectfully, your obedient servant, H. W. HALL FlCK, aeneral-in- Chief SPRINGFIELD, Mo., July 25, 18G3. Major-General SCHOFIELD: On Wednesday night Colonel Johnson, commanding at Cassville, notified me that a flag of truce was at his outer pickets with an order from the commandant at Fort Smith to proceed to Springfield. I answered: Give them a tent and place a strong guard over them outside your outer pickets, allowing no communication with them except through the officer in charge. Let the officer in charge of the party state the object of the flag of truce. I received the following answer: CASSYILLE, July 24, 1863. General MCNEIL: Some of the party under flag of truce had concealed private letters containing valuable information. I will send them through by mail. J. M. JOHNSON, Colonel, Commanding. The letters have just arrived here and are unimportant, except one ordering a variety of drugs, & c. But I consider the covert conveyance of any communication by a flag of truce as a violation of that military concession. I have ordered the parties guilty of conveying these papers to be held as spies. The balance of the party will be dismissed, with your approval, notifying General Cabell that the flag had been used for improper purposes. I also would refer to his threat of retaliation as useless, stating that retaliation is a game each of us can play at, and if he sets the lesson I shall try to better the instruction. JOHN McNEIL, Brigadier- General. [Inclosure.] HEADQUARTERS NORTHWEST ARKANSAS, In the Field, July 16, 1863. Brig. Gen. JOHN MCNEIL, Commanding U. S. Forces, Springfield, Mo.: SIR: I have the honor to inclose* for your consideration a letter from Captain Gilstrap, First Arkansas Federal Cavalry. Thorn this letter you will see that this officer or the military at the post at which he is serv- ing has two citizens of the Confederate States in confinement; this, too, in violation of the order issued on the 11th of May, 1863, directing the exchange df all prisoners, both civil and military, that were arrested prior to the 1st of April and 16th of May, respectively. I therefore, as the commander of this military (listrict, demand the release of those two citizens, and I request that the men may be ordered to report to me. Should these citizens continue in confinement by the U. S. authorities I shall lay the matter before the commissioners of exchange appointed by the two Governments, and hold two citizens of the United States until they are released. W. L. CAI3ELL, Brigadier- General, Commanding. Not fouimd. Page 149 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 149 OFFICE COM1XIJSSARY-GENERAL OF PRISONERS, Washington, D. C., July 25, 1863. Surg. J. Sniows, In Charge U. S. Hospital, Davids Island, N. Y.: SIR: The clothing called for by your requisition for sick and wounded rebel prisoners will be furnished immediately. I think it proper to remind you that only such as is absolutely necessary will be issued. Men iu hospital at this season of the year require two shirts, two drawers, and, if not in bed, one pair of pants. Shoes and socks may be necessary in some cases, but generally they must be dispensed with. Caps are hot issued, and but few, if any, require coats. If any are issued the skirt should be cut very short and the buttons taken oft to distinguish them from our own men. As they are not to be furnished with an undershirt, I would suggest that you issue the cotton shirt in place of the kind of shirt estimated for. When the prisoiiers are for- warded for delivery all articles issued to them not in use will be taken from them, to be again used for a similar purpose. On board ship they do not need shoes, stockings, or caps. Very respectfully, your obedient servant~~~ HOFFMAN, Colonel Third Infintry and Commissary- General of Prisoners. MILITARY PRISON, Altom, Ill., July 25, 1863. PROvOST-MARSHAL- GENERAL, Saint Lonis, Mo.: SIR: 1 have the honor to request that no more prisoners be sent here until we have room to accoiiimnodate them. We have now over 1,400 prisoners confined in this prison, ~ number munch greater than can be accommodated with anything like comfort. I have the honor to be, sir, with much respect, your most obedient servant, T. HEND1IICKSOK Major, U. S. Army, Commanding the Prison. MILITARY PRISON, Alton Jill J 1863. ., uly 25, Col. W. HOFFMAN, Commissary- General of Prisoners, Washington, I). C.: COLONEL: At the urgent request of Mrs. Judd, one of the female prisoners confined in this prison, I forward herewith for your consid- ciation the inclosed papers in relation to her case.* With regard to this woman I am of the opinion that if she should be released on l)arOle to go to the State of Minnesota, where I understand she has friends and connections, she would remain there and give no further trouble. I have the honor to be, sir, with much respect, your most obedient servant, T. HENDIRICKSON, Major Third Infantry, Commanding the Prison. Ta view of the final action of the Secretary of War, the inclosed statements are omitted. See also Vol. Y, this series, pp. 619624 Page 150 150 PRISONERS OP WAR AND STATE, ETC. [First indorsoinent.] OFFICE COMMISSARY-GENERAL OF PRISONERS, August 3, 1863. Respectfully referred to the Secretary of War. The release of Mrs. Judd is not recommended. W. HOFFMAN, Colonel Third Ii~fantry and Commissary- General of Prisoners. [Second iiidorsement.] Referring to the opinion of the provost-judge (Fitch); to that of the commanding officer of the prison (Major Hendrickson); the proba- ble state of health of Mrs. Judd, as certified by the physician; the length of time she has been in the prison; the position of General Rosecrans and his duties (not enabling him to examine personally into the matter), I am of the opinion that Mrs. Judd may with ~)ropriety be discharged, and I accordingly recommend it. E. A. HITCHCOCK, Major- General, & c. [Third indorsernent.] WAR DEPARTMENT, August 6, 1863. The recommendation of General Hitchcock is approved. Respect- fully returned to the Commissary-General of Prisoners. By order of the Secretary of War: JAS. A. HARDIE, Assistant Adjutant- General. Extract from report of inspection of the Gratiot Street Prison Hospital, at Saint Lonis, Mo., dated July 25, 1863, by John L. Le Conte, surgeon of volunteers, acting medical inspector, U. S. Army. The prison (the McDowell Medical College Building) is in very nearly the same condition as when last inspected. It is still under the charge of W. J. Masterson, of the provost-marshals department. There are now but 249 prisoners. The rooms are in as good a state of police as is practicable with dilapidated floors and ceilings. When scrubbing is done the water leaks through from one story to another. The cooking is done with care by prisoners, and, with much other work of a labo- rious nature; [they~ receive no compensation. The diet is not composed of a sufficient variety of vegetable food. As in Myrtle Street Prison, the prison fund has gone on steadily accumnlating aid now amounts to something near 4000. Many of the window sills are dilapidated and should be protected with slabs either of wood, stone, or iron. A moderate number of windows are without bars. These defects invite attempts on the part of the prisoners to escape, and thereby expose not only themselves but the employ~s of the prison to the shots of the guard. The replacing of four or five wooden doors by movable grat- ings would enable the prison to be better guarded besides improving greatly the ventilation. The leakage froni the officers privy through a badly built wall into a large octagonal basement room, used as a recre- ating room during the day, is productive of inconvenience. I respect- fully recommend that such repairs and improvements as are pointed out in the foregoing paragraphs be made, so as to fit this building properly for prison purposes, and that means be taken to supply a reasonable variety of fresh vegetables. The improvements suggested last month for a laundry aimd bathing room have been in part made an Page 151 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 151 the remainder will soon be completed. It seems somewhat unjust that severe labor without compensation should be obtained from a portion of the prisoners, while others remain in idleness; though I am not sufli- ciently acquainted with prison discipline to propose any measure unless it be to give a small compensation to the laborers )ut of the prison fund. [JULY 25, 1863.For Vohlum to Hammond, in relation to transporta- tion of wounded Confederate prisoners from the battle-field of Gettys- burg, & c., see 8eries I, Vol. XXVII, Part I, p. 25.] [JULY 26, 1863.For correspondence, & c., not found herein, relating to Brig. Gen. John II. Morgans raid into Indiana and Ohio and capture, see Series I, Vol. XXIII, Part I, p. 632 et seq.j SAINT Louis. July 26, 1863. Brigadier-General MCNEIL, Springfield: Inform the bearer of flag of truce that the exchange notice pub- lished in Richmond and which he quotes is decided by our authorities too general in its terms, and is now under revision by the commissioners for exchange. The prisoners will be disposed of according to the final agreement of the commissioners if it is found to apply to their cases. A lso please report to me the cases in question in order that I may (letermilie whether they come under existing rules. Dismiss the flag with warning of the consequences of the unjustifiable retaliation the enemy proposes. You are right in detaining the bearers of concealed letters. J. M. SCHOFIELD, -Major- General. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, July 26, 1863. Col. W. II. LUDLOW, Agent of Exchange: Sin: Your communication of the 22d contests my declaration of exchanges of officers made on the 17th instant. You say the cartel provides for the exchanges of equal rank until such are exhausted and then for equivalents. If you had been at Fortress Monroe, where you could have seen the cartel, instead of New York, from which your letter is dated, you would have written no such paragraph. There is noth- ing in the cartel which contains any such doctrine, or which favors it. Every provision is against it. Your own and my practice has been opposed to it. I again say to you what I have already stated in my communication of the 17th instant, that your assent is not needed to the declared exchange, and I shall not notify the officers whom I have declared exchanged, as you request. I have allowed you to declare exchanges when the number of prisoners in our hands has been the greater. This has been the case from the (lay when we first met, in the fall of last year, to the capture of Vicksburg. Now, when you have scarcely received official advices of your superiority in prisoners, you boast of the fact, and declare that I cannot give an equivalent for the general officers I have declared exchanged. The point you make is worth nothing, even as you have stated it. You know we have no lieutenant-generals or major-generals of yours in our han(ls. For tha Page 152 152 PRISONERS OF WAR AND STATE, ETC. reason I have declared them exchanged in privates or inferior officers, at your election. I had the right, under the cartel, to make the choice myself; but I preferred that you should do it, and therefore I gave you the notification which I did. If at any time you preseut officers for exchange who have been paroled, and we have no officers of similar rank on parole, you can declare their exchanges in privates. If at this time you have any officers of the rank I have declared exchanged, or of any other rank, or if you have any particular organization of privates or non-commissioned officers whom you wish exchanged, you have only to state such fact and your selection will be approved. If you hold the paroles of our officers of any rank, as you state, you have only to pre- sent them, and whatever is in our hands, whether on parole or in cap- tivity, will be freely given in exchange for them. You say you have again and again invited inc to a return to the cartel. Now that our official connection is being terminated, I say to you in the fear of God, and I appeal to Him for the truth of the declaration, that there has been no single moment, from the time when we were first brought together in connection with the matter of exchange to the present hour, during which there has not been an open and notorious violation of the cartel by your authorities. Officers and men, nuinberi ng over hundreds, have been, during your whole connection with the cartel, kept in cruel confinement, sometimes in irons or doomed to cells, without charges or trial. They are in prison now, unless God in His mercy has released them. In our parting moments let me do you the justice to say that I do not believe it is so much your fault as that of your authorities. Nay, more; I believe your removal from your position has been owing to the personal efforts you have made for a faithful observance not only of the cartel but of humanity in the conduct of the war. Again and again have I importuned you to tell me of one officer or man now held in confinement by us who was declared exchanged. You have to those appeals furnished oneSpencer Kellogg. For him I have searched in vain. On the other hand, I appeal to your own records for the cases where your reports have showmi that our officers and men have been held for long months and even years in violation of the cartel and our agreements. The last phase of the enormity, however, exceeds all others. Although you have many thousands of our soldiers now in con- finement in your prisons, and especially in that horrible hold of death Fort Delawareyou have not for several weeks sent us any prisoners. During those weeks you have dispatched Captain Mulford with the steamer New York to City Point three or four times without any pris- oners. For the first two or three times some sort~of an excuse was attempted. None is given at this present arrival. I do not mean to be offensive when I say that effrontery could not give one. I ask you with no purpose of disrespect what can you think of this covert attempt to secure the delivery of all your prisoners in our hands without the release of those of ours, who are languishing in hopeless misery in your prisons and dungeons l Respectfully, your obedient servant, ItO. OULD, Agent of Exchange. MILITARY PRISON, Alton, Ill., July 26, 1863. Col. W. HOFFMAN, Commissary- General ~f Prisoners: COLONEL: I have the honor to report that 7C8 Confederate prisoners of war from Yicksburg and points above arrived here this morning, bu Page 153 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 153 on account of the crowded state of the prison at this time we coul(l not receive them. They were sent to Saint Louis to be provided for by the provost-marshal-general of Missouri at that city. The number of prisoners confined here is over 1,400. Two of the female prisoners, Mrs. Nicholson and Mrs. Hyde, were released to-day, the former by an order from Brigadier-General Hurlbut, Commanding at Memphis, Tenn., remitting unexpired sentence, and the latter by parole to Nash- ville, Tenn., by order of General Ilosecrans. I have the honor to be, sir, with much respect, your most obedient servant, T. IIENDIIJCKSON, Major, U. ~. Army, Commandant of Prison. hEADQUARTERS OF THE ARMY Washington, D. C., July 27, 1863. Brig. Gen. S. A. MEREDiTH, Fort Moftroe: GENERAL: You will please inform Mr. Ould, agent for exchange of prisoners, that General John II. Morgan and his officers will be placed in close confinement and held as hostages for the members of Colonel Streights command who have not been delivered in compliance with the conditions of the cartel. Very respectfully, your obedient servant, H. W. ITALLECK, General-in- Chief. CINCINNATI, July 27, 1863. Governor TOD: General Ilalleck wants all Morgans officers put in the penitentiary of your State. What is your opinion, and have you room ~ A. B. BUI4NS1DE, Major- General. CoLuMBuS, July 27, 1863. Major-General BURNSIDE, Cincinnati, Ohio: I approve of General ilallecks suggestion to confine Morgan and his principal officers in the Ohio penitentiary. We have,room for about thirty. DAVID TOD, Governor. WELLSYILLE, OHIO, July 27, 1863. Capt. F. W. HUIDEKOPER: You will take charge of all the prisoners (of Morgans command) captured yesterday and convey them to Columbus. There deliver them to the commanding officer of Camp Cha~e, taking a receipt from him for them. You will then return to Pittsbnrg and rejoin your command. By command of Major-General Brooks: WM. 11. HOWE, Captain and Assistant Adjutant- General Page 154 154 PRISONERS OF WAR AND STATE, ETC. [JULY 27, 1863.For Cuyler to hammond, in relation to con dition of Confederate prisoners (wounded) after battle of Gettysburg and their transportation to other points, & c., see Series I, Vol. XXVII, Part I, p. 24.] IIDQR~. DISTRICT OF SOUTHWESTERN MISSOURI, Springfield, July 27, 1863. Col. J. M. JOHNSON, Commanding at Cassville: COLONEL: I send by your messenger answer to General Cabell to be sent to him by flag of truce. The flag of truce will be dismissed on delivery of the inclosure for General Cabell excepting the party or parties detected in attempting to pass letters into our lines, lie or they will be sent under guard to this 1)ost with the witnesses in the ease. You will provide for the wants of Captain Palmer and party on their return, and admonish the captain that the next flag-of-truce party similarly implicated will be held as spies, one and all. I have the honor to be, your obedient servant, J. MCNEIL, Brigadier- General, Commanding. [Inclosure.] IIDQRS. DISTRICT OF SOUTHWESTERN MISSOURI, Brig. Gen. W. L. CABELL, S1)ii1l~tifteld, Jib., July 27, 1863. Commanding Northwestern Arkansas, in the Field: SR: I have the honor to acknowledge your communication of June 3Q* demanding the release of two prisoners named Dotson and Spencer; also copy of an exchange notice published at lilehinond, Va., under date of May 11, 1863. Not having any orders that agreed with time above-named notice, I referred the whole matter to the commnammding general of this mnilitary department, who in reply says: The exchange notice published in Richmond is (lecided by our authorities too gen- eral in its terms, and is now under revision by the commissioners for exchange. The prisouers will be disposed of according to the final agreement of the commissioners if it is found to apply to their cases. I am also directed to report the cases in question that he may deter- mine whether they comne under existing rules. You will tlmus see that there is every disposition to give the parties in whose behalf you have interested yonrself the full benefit of any agreemnent there now exists or may exist between the Government of time United States and time military authorities of the revolting States. I would respectfully state Co you in this connection that your threat of unjustifiable retaliation can Imave imo effect on the determination of this case. Justice will be done and duty I)erforlne(l without regard to consequences. You need not be reminded, general, that retaliation is a game that two can play at, and I sincerely hope you may not set me any lessons that will compel me to better the instructions. I regret to have to state that I have notice (by telegraph) from the commandant at Cassville that some person or persons connected with your flag of truce have been guilty of an attempt to convey written Not found Page 155 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 155 communications within our lines, anti men were detected in attempting to deliver them. One of these letters is an order for a large quantity of drugs and other contraband articles. As 1 am not inclined to charge any one other than the party impli- cated by the discovery with this gross violation of the obligations of a flag of truce, I answer you as though this had not happened; but I shall detain the guilty party for trial. This disposition of the guilty })arty is one that you as a soldier, versed in the laws and usages of war, must approve. The obligations of military honor should never be trifled with with impunity. I have the honor to be, your o1)edieut servant, J. McNEIL, Brigadier- General, Commanding. HEADQUARTERS TRANs-MIsSISsIPPI 1)EPARTMENT, AS1hreveport, La., July 27, 1862. General S. COOPER, Adit. and Tnsp. Gen. C. S. Army, Richmond, Va.: GENERAL: I have gathered from the papers, but have had no official information, that the exchange of commissioiied officeis has been resumed. I write to request that if the exchange mentioned has been resumed an official notification to that effect be sent me. There are now here quite a number of commissioned officers captured by Major-General Taylors forces in Lower Louisiana who should be exchanged if this exchange has been resumed. There are also many paroled prisoners from Yicksburg an(l Port Hudson passing through the country. I would respectfully request that a special messenger be t~ermt to notify me of the time of their exchange. I have the honor to remain, general, very respectfully, your obedient servant, E. KIRBY SMITH, Lieutenant General, Commanding. [First indorsement.j OCTOBER 12, 1863. Respectfully returned to the Secretary of War. I hope Lieutenant-General Smith will speedily be informed that the exchange of officers has not been resumed, and I, trust he will keel) all his prisoners (officers and men) in custody. Would it not be well to send by certain conveyance to him my declaration of the exchange of th~ Yicksburg prisoners? I have dispatched Major Szymanski west of the Mississippi to inform our commanders there of all essential inforiria- tion as to the present position of all matters connected with exchanges and paroles. - RO. OULD, Agent of Exchange. [Second indorsement.] OCTOBER 14, 1863. Inform General Smith of the substance of Mr. Oulds indorsement, also that on the reassembling of two-thirds of any of the regiments of paroled prisoners ordered to rendezvous west of the Mississippi, and information thereof, they will be immediately declared exchanged. W Page 156 156 PRISONERS OF WAR AND STATE, ETC. have not enough of I)aroled or imprisoned captives to exchange all the captives paroled or held by the enemy, and hence until reassembled we do not wish to exhaust our privilege of declaring exchanges. J. A. SEDDON, & cretar,y. BALTIMORE, July 28, 1863. Col. E. P. TOWNSEND: Your telegram communicating the peremptory order of the President for the immediate release of John Glenn is received. I had already released him and he is at home omi parole to appear omi the 17th August, to answer to charges sustained by affidavits; but if the President directs it I will send for him and make his release absolute. I cannot report to the judge-advocate the formal charges and proof iu ftiIl nutil the return of Colonel Fish, provost-marshal, on the 12th of August, lie being absent now on sick-leave. I will state, however, that Glenn was arrested by Colonel Fish for the use of violent, disloyal, and mischiev- ous language, such as declarations that the throats of all the damned Yankees ought to be cut. He obstinately refused and still refuses to take the oath of allegiance or give parole for his good behavior as a good citizen. He was sent South to be put through the lines after all reason- ing, argument, and kindness had been exhausted on him, and he was still unyieldingly perverse; but owing to some misunderstanding or blunder at Fort Monroe he was sent to City Point among prisoners for exchange and then returned here, not taking the oath of allegiance to the Confederate States. Will you communicate this to the President and to the judge-advocate and let me know if any other report is required of me now ~ Please let me know also if I am to consider it the policy of the Government and of the President that hereafter I am not to arrest those in this commu- nity who nse disloyal and mischievons language and declarations, and punish them or put them under some security for their good behavior. Instruct me also if Glenn is to be released from his parole to appear again 1iOBT. C. SCIIENCK, Major- General. FORT DELAWARE, July 28, 1863. Col. W. HoFFMAN, Commissary- General of Prisoner~: Eighteen rebel surgeons here. Two of the chaplains were sent to Johnsons Island for having tampered with my command, inducing them to desert. I have steamers Empire City and l)anicl Webster here by your order. (See telegram July 9.) Sick will be sent as ordered. Several prisoners made an attempt last night to escape. One was shot dead by the guard and the rest returned to the barracks. A. SCIIOEPF Brigadier- General, Commanding. WASHINGTON, July 28, 1863. Maj. Gen. A. E. BURNSIDE: The General-in.Chmief directs that General Morgan and the officers ~ captured with his command be sent to the Columbus penitentiary. I Page 157 CORRESPONDENCE, ETC.UNlON AND CONFEDERATE. 157 it cannot receive them all, send the excess to the most convenient pen- itentiary in Ohio. W. HOFFMAN, Commissary- General of Prisoners. NORFOLK, VA., July 28, 18G3. His Excellency ABRAHAM LINCOLN, President United AS1tates: The undersigned respectfully request that Dr. D. M. Wright, of this city, charged with the murder of Lieutenant Sanborn, be restored to his home and family or be delivered over to the civil authorities or some other tribunal where he can have the privilege of a fair and impartial trial, which right belongs to every human being. Very respectfully, JOHN S. MJLLSON. [And ninety-four other citizens.] [JULY 28, 1863.For Pembertons circular, assuming command of all paroled prisoners at Demopolis, Ala., see Series I, Vol. XXIV, Part III, p. 1034.] HEADQUARTERS DEPARTMENT OF THE MissouRI, Saint Louis, July 29, 1863. Col. E. D. TOWNSEND, Assistant Adjutant. General, Washington, 1). C.: COLONEL: I respectfully request to be informed whether prisoners of war who have been conscripted or otherwise forced into the rebel serv- ice may be released upon taking the oath of allegiance, or whether the cartel requires that all prisoners of war shall be delivered at the points designated for parole or exchange. Very respectfully, your obedient servant, J. N. SCHOFIELD, Major- General. WASHINGTON, July 29, 1863. Maj. Gen. J. N. SCHOFIELD: The surgeon recommends that no more than 1,000 l)riso~ers be held at Aiton prison at one time. Prisoners of war are not to be forwarded to City Point without order from the War 1)epartmeut. W. HOFFMAN, Commissary- General of Prisoners. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., July 29, 1863. Maj. Gen. J. N. SCHOFIELD, Commanding Department of the Missouri, Saint Louis, Mo.: The General-in-Chief has directed that all rebel officers prisoners of war be confined at the depot on Johnsons island, near Sandusky, and I have the honor to request that you will or(ler to that point any now at or who may arrive at Saint Louis or Alton, provided it can be don Page 158 158 PRISONERS OF WAR AND STATE, ETC. without danger of carrying the smallpox with them. Under existing orders medical officers and chaplains are to be sent beyond our lines and unconditionally released, but at this time the order is suspended, and I have therefore to request you will detain until farther orders at Saint Louis or Alton any who may now be held at either of those places. Very respectfully, your obedient servant, W. IIOFFMA~, Colonel Third I~frntry and Commissary- General of Prisoners. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, I). C., July 29, 1863. Brig. Gen. W. W. MORRIS, Commanding Fort ilifcHenry, Baltimore ,Md.: GENERAL: I am happy to inform you that your recommendation for the erection of barracks for prisoners of war at Fort Mcllenry has been al)proved and the necessary orders will be given. I presume the hospital will also be ordered. I forgot to mention to you that I have found the Farmer boiler the most economical and convenient for cook- ing for prisoners, and I advise yoa to use them instead of camp-kettles. Those in which the boiler sits iiiside an outer case are much better than the kind where the boiler is placed on top of the furnace. A boiler of forty gallons and one of fifteen gallons will readily cook for 120 men. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third INfantry and Commissary- General of Prisoners. OFFICE COMMISSARY-GENERAL O~ PRISONERS, Washington, D. C., Jaly 29, 1863. Surg. J. SIMONS, Dc Camp General Hospital, Davids Island, N. Y.: SIR: I have returned to Captain Morgan, assistant quartermaster, your estimate for clothing for prisoners of war in your hospital, approved with some exceptions. Your estimate calls for full suits of clothing for 1,000 men, and as it is not intended to issue more clothing than is absolutely necessary, I have stricken oil the caps, coats, one- half the shoes, and three-fourths of the stockings. They all have outer garments, such as their own War Department furii~hes them, and that must be made to answer them by washing and mending. Your estimate of the 23d was for a large quantity of these articlesquite, I think, enough to supply their reasonable wants. Please accompany your estimates with explanations, that the necessity may be understood. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. HEADQUARTERS DEPARTMENT OF THE OHIO, Cincinnati, Ohio, July 29, 1863. General MORGAN, City Prison: By direction of the general commanding I am desired to say that no privileges will be granted to your command until oflicial intelligenc Page 159 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 1~9 is received of the release of Colonel Streights men, now in confinement at Richmond. Ample rations will be provided. This is written to prevent all unnecessary applications for favors. After the release of the officers at Richmond the same favors that have always been shown to the prisoners taken by the general corn- izianding will be shown yen. Respectfully, D. B. LARL4ED, (Japtan. and Aedetmst A4jntmnt.GeneraL HEADQUARTns DEiAETnNT OP S. C., GA. AND FLA., Charleston, 8. (1, Juig *9, 186& His Excellency the GovERNoR oi TER STArs or S. Cnoun: Sm: I have just been furnished with an official copy of the joint resolution of Congress on the subject of retaliation (No. 74), section 7 of which reads as follows: AU negroes or mulattoes who shall be In war or be taken in arms against the C~~enteSt.~ or who shall give dor comfort to the enemies of the Con. federate States shaU, when captured in the Confederate States, be delivered to the authorities of ihe State or States in which they shall be captured, to be dealt wit according to the present or future laws of such State or States. In accordance with this act I am now prepared to turn over to you or to such authorized agent as you may appoint, the negroes and mulattoes recently taken in arms a~nst the Confede~~ States on James and Morris Islands, to be dealt with according to the laws of the State of South Carolina. Very respectfully, your obedient servant, G. T. BEAUREGARD, (*eaerai, Cosmading. OmnCu ConIssIonR POE EXCHANGE, Fort Monroe, JT, July 80,1868. Hon. B. OuLD, Agent for .& uehange, & e.: Sm: On July [June] 10, 1863,. the bark Teciana, bond from New York to New Orleans, was captured and burned by one James Duke and some fifteen others who were on board the steamer Boston, which steamer they had taken possession of the night bqfore. .8~he pilot of the Texana was permitted to land7 but the captain and crew were taken to Mobile, and from thenco to Richmond, where ever since they have been cenfined in the Libby Prison. This case appears to me to be hard in all Its bearings, and I cannot think that the authorities at Richmond would sanction such irregular proceedings or establish such a~ inhuman precedent were they fully cognizant of the facts in the case. With this is a list of these prison- ers, and I hope you will use your best endeavors for their immediate release. Respectfully, your obedient 1 ~ A. MEREDflH, BrigadAer4evwrai Qommftaiouer for Buehaesge Page 160 160 PRISONERS OF WAR AND STATE, ETC. OFFICE COMMISSIONER FOR EXCHANGE, Port Monroe, July 30, 1863. Hon. ROBERT OULD, Commissioner for Exchange, & c., Richmond, Va.: SIR: This will inform you, and through you the authorities under whom you act, that General John H. Morgan and his officers will be l)laced in close confinement and held as hostages for the members of Colonel Streights command who have not beei~ delivered in compliance with the conditions of the cartel agreed to by Major-General Dix and Major-General Hill. Respectfnlly, your obedient servant, S. A. MEREDITH, Brigadier- General, U. S. Vols., and Commissioner for Exchange. MILITARY PRISON, Alton, Ill., July 30, 1863. Col. W. HOFFMAN, Commissary- General of Prisoners, Washington, D. C.: COLONEL: Doctor Keeuey, surgeon, U. S. Army, who inspected this prison and the prison hospital some days ago, a copy of whose report has I presume been sent you, recommended that a building for small- pox hospital should be procured immediately outside the prison walls. To procure a building suitable for the purpose is, I find, a difficult matter, for after a thorough search for several days, both in the city and out, I have found no building which can be had that is at all suitable for a hospital. Doctor Williams, of this city, whom I have employed as an assistant in the prison hospital, in compliance with the recommendation of Surgeon Keeney, suggests that a temporary building of plank could be erected upoim some vacant lot near the city for smallpox patients. This I suppose can be done at a comparatively small expense, and should the proposition be entertained, I will be obliged if you will advise me whether the cost of such a building can be defrayed from the prison fund, or must the quartermasters department pay the expense of its erection~ The Seventy-seventh Ohio Volunteers, which has been posted at this place for the past twelve months, was relieved to-day, by order of the commander of the Department of the Missouri, by the Thirty-seventh Iou a, generally called the Silver Grays, it being composed entirely of old men. I have the honor to be, sir, with much respect, your most obedient servant, T. HENDRICKSON, Major Third Infttntry, Commanding the Prison. JUDGE-ADVOCATE-GENERALS OFFICE, July 31, 1863. The SECRETARY OF WAR: The prisoner, George W. Thompson, appears to have been arrested by the provost-marshal of Western Virginia, or by soldiers acting under his direction. It does not, how ever, appear on what grounds or for what purpose the arrest was made, though from the returns of the jailer it would seem that he claimed to hold him as a hostage by order of the Governor as constitutional commander-in-chief of Virgini Page 161 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 161 militia. The provost-marshal should be required to report at once for what offense and by what authority the prisoner was arrested, and the report when received will probably enable the Secretary to dispose of the case. This course is the more obviously proper since there is reason to apprehend that this arrest was made in violation of the declared purpose of the Department in reference to the prisoner. Major Turner, in speaking for the Secretary, stated to the provost-marshal that in case the prisoner had done nothing disloyal since his return he was not to be molested for anything that had occurred prior to his exchange, and Judge Jackson alleges in his opinion that the prisoner has not been charged as guilty of any disloyal practices since the time named. The seizing and holding of hostages in reprisal for captures made by the enemy is certainly an exercise of the war-making power, belou ing exclusively to the General Government, and which cannot be shared by the Governor of the States without leading to deplorable complications. J. HOLT, Judge-Advocate- General. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., July 31, 18G3. Maj. W. S. PIERSON, Commanding Depot Prisoners of War, Sandusley, Ohio: MAJOR: You will hereafter permit no purchases of clothing by rebel officers prisoners of war, except such as are absolutely necessary. One suit of outer garments and a change of underclothes is all they require, and if they have this they will not be permitted to purchase anything more. If they buy either coats or pants, they must be of gray cloth, such as they wear, with plain buttons, without trimmings. They will not be permitted to buy boots of any kind, and only shoes of poor quality. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- (I en~ra l of Prisoners. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, July 31, 18G3. Lieut. Col. WILLIAM II. LUDLOW, Agent of Exchange: SIR: I have found out that Spencer Kellogg at last. He is now in Castle Thunder and has been there perhaps two months. Military prisoners are not confined there as a general rule, and for that reason no inquiry was made in that quarter. He is charged with being a spy and deserter. The specification states that about the latter part of January, 1862, he appeared in front of Columbus, Ky., on the Missis- sippi, in a small boat, representing himself as a deserter from the Fed- eral service and as desirous of joining the Confederate Army; that he was placed first on the floating battery and afterward transferred to the gun-boat General Polk, and then again at his own request transferred to the engineer corps on duty at Island No. 10; that whilst at the latter place he made sketches and drawings of the fortifications and defenses; that he was arrested and made his escape to the Federal authorities, 11 R RSER1ES Ii, VOL V Page 162 162 PRISONERS OF WAR AND STATE, ETC. by whom he was promoted to the post of master, and while in that capacity was captured on board the Federal gun-boat Essex. The specification alleges that he made the drafts and sketches for the pur- pose of furnishing them as information to the Federal authorities. These are very grave charges. If they were less so I would send Kellogg to you. I have sent for the witnesses whose names are appended to the specification. They are in the Southwest. Kellogg shall have the speediest possible trial, and if the allegations of the specification are not sustained he will be delivered to you. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. INDIANAPOLIS, IND., July 31, 1863. Col. WILLIAM HOFFMAN, Commissary- General of Prisoners: SIR: I am a loyal nian and love my country and her free institutions and cannot consent to see such favors extended to rebels as are con- stantly done at Camp Morton and remain silent. I understand you have entire control of all matters pertaining to prisoners of war and for that reason address you. A short time since John H. Morgan, of the rebel army, made a raid through this State and Ohio and at last was captured with most of his men. About 1,000 of his men were sent to Camp Morton. Hardly had they reached there until their friends crowded to see them, furnishing them with money and clothing and various articles of food, treating and talking to them as martyrs and heroes, and confirming them in their rebel sentiments. Such things are occurring at Camp Morton every day, and any one who will take the trouble to visit headquarters at Camp Morton between 10 and 12 a. m. and 3 to 4 p. m. of every day can see from three to six rebels conversing with their friends, laughing and enjoying themselves and sneering at the Yankees, and boasting of their rebel raid and of what they will do when exchanged. When I remem- ber the cruel treatment our own brave soldiers have always received from the rebels when so unfortunate as to fall into their hands as pris- oners I confess it makes my blood boil to see the extreme privileges granted to Morgans thieves. I cannot say where the fault is, but I am informed that the permission to visit these rebels comes from General Burnside and General Willcox, and you can see at the Bates House in this city ladies and gentlemen from Kentucky flourishing their permits and boasting of the prowess of their relatives in the t~onfederate Army. And in an hour or two you can see the same parties at Camp Morton enjoying the society of their rebel friends, condoling with them in their misfortune in being captured, and at the same time see them waited on by our own soldiers who have been prisoners to the rebels and who com- plain bitterly of the treatment awarded to these lawless desperadoes. These are facts, colonel, as you can ascertain by examination person- ally or by writing to this place. Captain Hamilton, commanding the camp, Lieutenant Uobinson, commissary of prisoners, dare not deny the truth of the statement. As far as Camp Morton is concerned they are both at the post and know that such things are occurring there daily. I could give you my name, but do not care to be mixed up in this affair; but I trust that you will investigate this matter even though this letter is ANONYMOUS Page 163 CORRESPONDENCE, ETC.UNJON AND CONFEDERATE. 163 [First indorsement.] OFFICE COMMISSARY-GENERAL OF Washington, D. C., August 4, 1863. Respectfully referred to the Secretary of War. The within charges are of a grave character, and though they are presented in a question- able shape, it is respectfully recommended that an investigation be in ade. W. HOFFMAN, Colonel Third Infanti~y and Commissary- General of Prisoners. [Second indorsement.] Laid before the Secretary of War, who sent dispatches to General Wilicox, General Burnside, and Governor Morton, directing the proper steps to correct the evils reported. W. H. GENERAL ORDERS WAR DEPT ADJT. GENERALS OFFICE, No. 252. Washington, July 31, 1863. The following order of the President is published for the information and government of all concerned: EXECUTIVE MANSION, Washington, July 30, 1863. It is the duty of every Government to give protection to its citizens, of whatsoever class, color, or condition, and especially to those who are duly organized as soldiers in the pnblic service. The law of nations and the usages and customs of war, as carrie(l on by civilized powers, permit no distinction as to color in the treatment of prisoners of war as public enemies. To sell or enslave any captured person on account of his color and for no offense against the laws of war is a relapse into barbarism and a crime against the civilization of the age. The Government of the United States will give the same protection to all its sol- diers; and if the enemy shall sell or enslave any one because of his color, the offense shall be punished by retaliation upon the enemys prisoners in our possession. It is therefore ordered that for every soldier of the United States killed in viola- tion of the laws of war a rebel soldier shall be executed, and for every one enslaved by the eneuiy or sold into slavery a rebel soldier shall be placed at hard labor on the public works and continued at such labor until the other shall be released and receive the treatment due to a prisoner of war. ABRAHAM LINCOLN. By order of the Secretary of War: E. D. TOWNSEND, Assistant Adjutant- General. [AUGUST 1,1863.For reports of Cols. John Coburn aiid William L. Utley of their capture at Thompsons Station, Tenn., March 5, 1863, and subsequent treatment as prisoners of war, see Series I, Vol. XXIII, Part I, p. 85 et seq.] HEADQUARTERS OF THE ARMY, Washington, D. C., August 1, 1863. Major-General ROSECRANS, Nashville: A Major Jones, Twenty-eighth Mississippi, has presented himself with authority by you to go South on parole. Such authority is in violation of the orders of the War Department and the parole null and void. H. W. HALLECK, General.in- Chief. (Copy furnished Colonel HoITh~an. Page 164 164 PRISONERS OF WAR AND STATE, ETC. WINCHESTER, TENN., August 1, 1863. Major-General HALLECK: The case of Major Jones was peculiar. He had promise from General Granger before the publication of that order; wounds prevented him from availing himself of it until lately. An urgent appeal from him and Grangers recommendation induced me to regard Grangers promise as a sort of contract. I leave the matter in your hands. W. S. ROSECRAKS, Major- General. OFFICE COMMISSARY-GENERAL OF PRIsoNERs, Washington, D. 0., August 1, 1863. Brig. Gen. S. A. MEREDITH, Agent for Exchange of Prisoners, Fort Monroe, Va.: GENERAL: I inclose herewith papers which were referred to me by Colonel Ludlow for information. Should Mr. Ould express a desire to release a Mr. J. Harvey Sherman, who is now held a prisoner at Rich- mond, in exchange for Henry A. Williams, now at the Old Capitol, such a proposition will be received and considered. A proposition for the exchange cannot be made by us. In a letter addressed to me by Col- onel Ludlow on the 22d ultimo, he inquires about a number of rebel officers held by us as prisoners of war. Capt. F. W. Baylor, held at Fort MeHenry, has been tried and is awaiting the decision of the court- martial. Captain Compton, captured in Virginia with letters and papers from the Southern Confederacy, tried as a spy and sentenced to be hung, reprieved by the President, in confinement at Fort McHenry. Major Arinesy, or Orinsley, sent within our lines to recruit for the rebel service, confined at Fort McHenry. Lieutenant Davis, sent within our lines to recruit for the rebel service, confined at Fort Meflenry. Capt. W. F. Gordon, sent from Fort McHenry to Fort Delaware temporarily, has to return to Fort MeHenry for trial. Captain Camp; have no record of him. James W. Foster; have no record of bun. Lee A. Dunn; have no record of him. Col. A. Talcott, citizen of Mexico, captured in New York City, March 27, 1863, and now at Fort Warren. Maj. C. B. Owsley; have no record of him. All these prisoners are treated with as much attention and kindness as is consistent with their posi- tion, and no harsh treatment is permitted. I have made several appli- cations for the names of prisoners who have died in Richmond and elsewhere, and I will be obliged to you if you will endeavor to obtain such rolls from Mr. Ould. We have furnished very full rolls of rebel prisoners who have died in our hospitals. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. OFFICE CoMMISSARY.GENERAL OF PRISONERS, Washington, D. C., August 1, 1863. Brig. Gen. S. A. MEREDITH, Commissioner for Exchange of Prisoners, Fort Monroe, Va.: GENERAL: I have the honor to inclose herewith letters~ in behalf of Surgeon Whitney, Thirteenth Massachusetts \folunteers, and Chaplain J. Harvey, One hundred and tenth Ohio Volunteers, both of whom are * Not found Page 165 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 165 now held as prisoners of war at Richmond, and it is desired that all proper steps be taken to secure their release. It is not known why Surgeon Whitney is held in prison, but it appears by the accompany- ing letter that Chaplain Harvey is held because his wife is charged with taking a negro girl with her from Winchester, Va., to Ohio. The pre- cise facts of this case are not known. It is nnderstood that the chap- lains wife has alleged that she had permission to take a colored girl to attend her. It is not believed that the chaplain himself had anything to do in the matter, and you will please urge this reasonable view on Mr. Ould. I am not informed whether there is any reasonable objection to the unconditional release of medical officers and chaplains without exchange as heretofore, exceptiiig the three or four medical officers who are held by both parties as hostages; on our side for Doctor Bucker, a citizen of Virginia, held by the Richmond authorities, and on the rebel side for Snrgeon Green, oU the Confederate Army, held at Fort Monroe for Doctor Rucker. 1f with the above exceptions, the Confederates release our medical officers and chaplains, I will continue to forward all such officers who may be in our hands for delivery at City Point. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. WAR DEPARTMENT, Washington, Augnst 1, 1863. Maj. Gen. H. W. HALLECK, General-in-Chief, U. ~ Army: I have the honor to report upon the note and accompaniment of the Secretary of State of the 1st instant relative to Captains Phillips and Wynne, of the British military forces in Canada, charged with violating the U. S. military regulations by evading the military lines and joining the insurgents at Fredericksburg. That on the 20th and 22d of January last* I reported to the Secretary of State all the facts and circumstances in my piVssession touching Captain Wynnes evading the military lines of the (Juited States, joining the insnrgents in Richmond and Freder- icksburg, his arrest and commitment to the Old Capitol Prison, & c. In regard to Captain Phillips, he evaded arrest while going and returning through the U. S. military lines, and the only evidence against him is to be found in the verified statement of Captain Wynne and in the papers found on the person of Captain Wynne. The examination of Captain Wynne and the papers found in his possession established the following facts: That Captains Wynne and Phillips came to Baltimore from Canada with the intention of visiting the insurgent army; that they affiliated and counseled with the rebel sympathizers in Baltimore as to the time and place of evading the U. S. military lines; that letters were taken by them from persons in Baltimore, because a rebel officer wrote a letter certifying that Captains Phillips and Wynne came highly accredited from Baltimore, and this letter was found on Captain Wynnes person. That Captains Wynne and Phillips did, after affilia- ting and counseling with disaffected persons in Baltimore, and receiving letters of credit, clandestinely evade the U. S. military lines and join the insurgents, and that they made no application to the U. S. authori- ties for a permit to pass the lines; that Captain Wynne upon his exam- ination and under oath frankly and earnestly stated that his sympathies *See Vol. V, this series, pp. 196, 201 Page 166 166 PRISONERS OF WAR AND STATE, ETC. were with the rebels. The oniy fact additional to what has been here- tofore communicated is this: That Captain Wynne made his escape from the Old Capitol Prison by cutting through a door, and reached Canada via Baltimore, in which city he was concealed and aided by disloyalists. II have the honor to be, general, very respectfully, your obedient servant, L. C. TURNER, Judge-Advocate. CONFEDERATE STATES OF AMERIcA, WAR DEPARTMENT, Richmond, August 1, 1863. Brigadier-General MEREDITH, Agent of Exchange: SIR: I am in receipt of your communication of the 30th ultimo inform- ing me that General John II. Morgan and his officers will be placed in close confinement and held as hostages for the members of Colonel Streights command. I beg leave respectfully to ask what you mean by close confinement i In what respect will that close confinement differ from the confinement of other prisoners, officers and men~ Colonel Streights command is treated exactly as are the other officers held in captivity by us. What that treatment is you can find from any conscientious officer who has lately been confined in the Libby. You will hear no complaint from me or from the Confederate authorities so long as our officers receive the treatment which yours do here. You further say that Colonel Streights command have not been delivered in compliance with the conditions of the cartel agreed to by Major-General Dix and Major-General Hill. In retaining Colonel Streight and his command, the Confederate authorities have not gone as far as those of the United States have claimed for themselves the right to go ever since the establishment of the cartel. You have claimed and exercised the right to retain officers and men indefinitely, not only upon charges actually preferred, but upon mere suspicion. You have now in custody officers who were in confinement when the cartel was framed and who have since been declared exchanged. Some of them have been tried, but most of them have languished in prison all the weary time without trial or charges. I stand prepared to prove these assertions. This course was pursued, too, in the face not only of notice, but of protest. Do you deny to us the right to detain officers and men for trial upon grave charges while you claim the right to keep in confinement any who may be the objects of your suspicion or special enmity ~ Respectfully, your obedient servant, kG. OULD, Agent of Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, A ugust 1, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: Your communication respecting Messrs. Brengle and Brink and the members of the Sanitary Commission has been received. I will make due inquiry into the alleged facts and hereafter inform you of my conclusions. In the meantime allow me to say that it appears by your own communication that Mr. Brengle had just bee Page 167 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 167 engaged in performing service for one of your garrisons in response to a pressing demand from one of your own officers. For the purpose of showing to you the position of the Confederate Government in relation to the imprisonment of non-combatants, I now renew to you the proposal which I have frequently tendered to your predecessor. I propose that all the non-combatants now held in I)rison on either side be immediately and unconditionally released, and further, that both Governments agree that no captures of non-combat- ants shall hereafter be made. If the latter branch of this proposition is too broad I will thank yon to suggest any proper modifications. Respectfully, yonr obedient servant, 110. OULD, Agent of Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, August 1, 18G3. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: In my communication to Lieutenant-Colonel Ludlow of the 26th of July, 1863, the following paragraph occurs, to wit: If you hold the paroles of our officers of any rank, as you state, you have only to present them, and whatever is in our hands, whether on parole or in captivity, will be freely given in exchange for them. As the language of the paragraph might anthorize a conclnsiou which was not intended by me, I will explain what I meant. Of course I did not mean I would release your officers who were in confinement for those of ours who were on parole so long as any of our officers were kept in prison by yonr authorities. I simply meant to reiterate the proposition which was very distinctly and more fully announced by me in a former correspondence with Lieutepant-Colonel Ludlow in relation to the Federal officers who were l)aroLed early in this year in Kentucky and Tennessee. I intended to say that if at any time we had an excess of officers in confinement and you had an excess of paroles, after the officers in confinement on both sides were set off against each other, I would exchange the surplus in prison for officers on parole. Respectfully, your obedient servant, 110. OULD, Agent of Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, August 1, 18G3. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: In the Army and Navy Official Gazette of the date of July 14, 1863, I find a letter of Lient. Col. William II. Ludlow, of the date of July 7, 1863, addressed to Col. J. C. Kelton. In it is the following paragraph, to wit: I have the honor also to state that since the 22d of May last it has been distinctly understood between Mr. Ould and myself that all captures must be reduced to pos- session and that all paroles are to be disregarded unless taken under the special arrangement of commanding officers of armies in the field as prescribed in section 7 of the cartel. If Lieutenant-Colonel Ludlow means that he had declared to me that snch was the rule which had been adopted by the United States i Page 168 168 PRISONERS OF WAR AND STATE, ETC. relation to captures and paroles to go into effect from and after May 23, 1863 ,he is entirely right. If he means that I at any time consented to adopt or acquiesce in any such rule, he is entirely wrong. All that passed between us on that subject is ill writing. The correspondence will interpret itself. Respectfully, your obedient servant, IRO. OJLD, Agent of Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, August 1, 1863. Brig. Gen. S. A. MEREDITH, A gent of Exchange: SIR: I have declared exchanged all Confederate soldiers who have been delivered at City Point up to July 20, 1863. The equivalents I have already sent to you by the same route. You can release an equal number of your own men. Respe~tfnlly, your obedient servant, RO. OULD, Agent of Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, A ugust 1, 1863. Brig. Gen. S. A. MEREDITH, Agent qt~ Exchange: SiR: I have received your communication in reference to the captain and crew of the bark Texana. lii it you speak of irregular proce- dures and inhuman precedents. If you had been acquainted with the action of your own authorities iii similar cases you would hardly have used such language. I refer you to the several communications of mine to Lieutenant- Colonel Ludlow in reference to the detention of the masters and pilots of Confederate steamers, amid especially to my indorsement dated June 29 upon his application for the release of the officers and crew of the steamer Emily. The irregular procedures and inhuman precedents are not to be found in the action of the Confederate authorities. The slightest search will disclose them elsewhere, however. You have now in your prisons the following: Captain Floyd and the other officers and crew of the ferry-boat De Soto. They are in prison in Saint Louis, Mo., ankl have been since January last. The officers and crew of the schooner Belle, cal)tured last February oft Charleston. Some of the officers are now at Fort Lafayette. The officers and crew of the steamer Cuba, captured off Mobile last May. The captain is at Key West in prison. The officers and crew of the steamer Emma Bett, captured in June last in the Sunflower River, Miss. They are said to be in Camp Chase. They are certainly in captivity. The officers and crew of the steamer Britannia, captured off Charles- ton in July, 1863. The officers and crew of the steamer Glide. The captain (Perry) is at Fort Lafayette. To convince you more fully that the Confederate authorities have no desire to initiate irregular procedures or establish inhuman prece- dents in the direction you indicate, I propos& that the officers an Page 169 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 169 crews of all vessels who are now held in confinement by either the United States or the Confederate States be immediately released, equivalents from the army to be given to the party which has the excess. This proposition practically tests who favors the irregular procedures and inhuman precedents. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. Col. JOSEPH HOLT, NORFOLK, VA., August 1, 1863. Judge-Adrocate- General, Washington: COLONEL: I am directed to transmit the proceedings* in the trial of Dr. D. M. Wright, with the approval of Brig. Gen. Henry M. Naglee thereon. Very respectfully, your obedient servant, GEORGE H. JOHNSTON, Assistant Adjutant- General. CONFEDERATE STATES OF AMERiCA, WAR DEPARTMENT, Richmond, August 1, 1863. His Excellency N. L. BONJIAM, Gorernor of South Carolina, Charleston, S. C.: SIR: I have the honor to acknowledge the receipt of your letter demanding the delivery to you of negroes captured in arms in the recent engagements in your State. I have no hesitation in complying, since the explicit terms of the joint resolution passed at the last session of Congress on the subject of retaliation require that all negroes and mulattoes who shall be engaged in war, or be taken in arms against the Confederate States, or shall give aid or comfort to the enemies of the Confederate States, shall, when captured in the Confederate States, be delivered to the authorities of the State or States in which they shall be captured, to be dealt with according to the present or future laws of such State or States. Previous to the receipt of your letter, in answer to the inquiries of the general commanding the department embracing your State, I had informed him of the provisions of these resolutions, and by telegraph directed the delivery of the captured negroes to the authorities of South Carolina. Such delivery, I presume, has been made in pursuance of these instructions; but if not, explicit and more formal orders will be sent for their delivery to you. With high esteem, most respectfully, yours, JAMES A. SEDDON, Secretary of War. OFFICE COMMISSIONER FOR EXCHANGE, Fort Monroe, August 2, 1863. Hon. E. N. STANTON, Secretary of War, Washington, D. C.: SIR: I have the honor to forward latest Southern papers. I left City Point, Va., at 12 oclock to-day with 760 Federal prisoners of war, twenty women, and some twenty citizen prisoners (boys, ten to fourteen years of age), picked up at and about Winchester. I was * Not found, but see bit to the President, August 19, p. 216 Page 170 170 PRISONERS OP WAR AND STATE, ETC. informed by Captain Hatch, assistant agent for exchange, that there were now (August 2) in Richmond about 6,000 Federal prisoners of war, besides some 600 officers. They seemed much elated over Charleston affairs and the reported successes of Dick Taylor. I have the honor to remain, sir, your humble servant, JNO. E. MULFORD, Major Third Infantry New Yovk Volunteers. HDQRS. PAROLED AND EXCHANGED PRISONERS, Demojyolis, August 2, 1863. Col. B. S. EWELL, Assistant Adjutant- General, Morton, Miss.: COLONEL: I beg leave to haud you inclosed herewith copies of instructions received from Richmond relative to men captured and paroled on the battle-field. From said instructions I have forwarded to your headquarters some 100 and odd men whose paroles were illegal, as decided by the Secretary of War. In regard to the Port Hudson prisoners I have in consultation with Lieutenant-General Peinberton, General Stevenson, and Commissioner Watts decided their paroles to be illegal, as they were not properly paroled. I have in camp soum 500 of said prisoners, the balance being scattered all over the country, having been furloughed by different offi- cers. I therefore ask your instructions in regard to them, whether I should recall them or not. Lieutenant-General Pemberton has taken charge of all the Vicksburg prisoners and has furloughed the most of them. I have in charge all the Port Hudson prisoners and others, and therefore ask your instructions whether I should furlough them. They claim that they are entitled to the same privilege as the Yicksburg prisoners. Hoping to have instructions from you at your earliest convenience, 1 remain, colonel, respectfully, your most obedient servant, HENRY C. DAVIS, Major, Commanding. EXECUTIVE MANSION, Washington, August 3, 1863. Major-General FOSTER (or whoever may be in command of the military department, with headquarters at Fort Monroe, Va.): If Doctor Wright, on trial at Norfolk, has been or sl~iall be convicted, send me a transcript of his trial and conviction, and do not let execu- tion be done upon him until my further order. A. LINCOLN. FORT MONROE, August 3, 1863. His Excellency A. LINCOLN, Preside~~t of the United States: Your telegram of this (late I have the honor to acknowledge. Your orders will be strictly obeyed. The trial is concluded. General Naglee informs me that the proceedings, findings, and sentence have been for- warded to you for your revision and approval. J. C-. FOSTER, Major- General, Commanding Page 171 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 171 NAVY DEPARTMENT, Washington, August 3, 1863. Hon. E. M. STANTON, Secretary of War: Sin: I transmit herewith and earnestly invite your attention to the pressing appeal of three prisoners captured on board the gun-boat Isaac Smith, and who at the last accounts were closely confined in Charleston jail. The application comes to me through the American vice-consul at Nassau, to whom they found means to convey their com- munication. These three prisoners are colored men who were regu- larly shipped in New York and have, as Lieutenant-Colonel Ludlow informed the Assistant Secretary of the Navy, been declared exchanged with the rest of the crew of the Isaac Smith, but it has been hitherto averred they could not be found. From the walls of their prison they make themselves heard, and you will excuse me for inviting your spe- cial attention to their case after the long and rigorons confinement they have endured under the extraordinary circnmstances mentioned. I have the honor to be, & c., GIDEON WELLES, Secretary of the Navy. [First indorsement.] Referred to Major-General Hitchcock. E.M.S. [Second indorsement.] There have been other cases like this iii which the undersigned has been compelled to report his opinion that they can only be effectually reached by a successful prosecution of the war. As a matter of fact the rebellion exists on a question connected with the right or power of the South to hold the colored race in slavery; and the South will only yield this right nnder military compulsion. The facts complained of in this paper appeal in the strongest manner to the loyal people of the United States to prosecute this war with all the energy that God has given them. E. A. HITCHCOCK, ]ifcijor- General of T~ols., Commissioner for Exchange of Prisoners. [Inclosure.] U. S. CONSUL, Nassau: CHARLESTON JAIL, June 30, 1863. RESPECTED Sin: There are three of ns colored men that shipped in New York on the 26th of September, 186~, on board the tT. S. gun-boat Isaac Smith. We were waiting on officers on board of her. She was captnred in Stono River near Charleston on the 31st of January, 1863, and ever since then we have been confined in Charlestoii jail. We are locked np all the time in close confinement in a very small cell, aud we are almost dead. We are not allowed to make any complaints. We do not get anything to eat but a little corn bread and water, and not half enough of that. We have not got any money or clothes and our suffer- ings are unspeakable. All the officers and men of our boat have gone home. They sent them on right away, but they kept us here. We were born in New York and shipped from there. We have done no crime, and, in the name of God, are we to be protected and aided or are we to be left here to die? They threaten us with all kinds of punish- ment and grant ns no favors whatever. Are we to be exchanged or are we to be left here to perish? Do, for Gods sake, do something in ou Page 172 172 PRISONERS OF WAR AND STATE, ETC. behalf. We have been here a long time and we see no prospect of get- ting home, and we suppose the Government has forgotten us altogether, as it does not seem to do anything for us. We belong to the United States Navy and we ask for aid and protection. This is very likely the last opportunity we shall have of writing to you or any one else, and if you do not sympathize with ns God knows what will become of us. We were wounded in the engagement of the Smith and lost all onr clothes and were very destitute. I wish you would please send us some money as we stand in need of some very much. We would like to get home very much as we are very uneasy concerning our families in New York, who are depending on us for support; and it will be a great source of comfort to us if you wonid write us a small note stating that you had received this letter, also what was to be done with us. We feel very uneasy to know when we are going North. I do not think they will send us on unless the Government does something for us. They have had plenty of opportunities to send us on but they have not done so. They say they will keep ns till the war is over. We are sick all the time. Being shut up so close all the time we are in a very bad situation, indeed. Please to do something in our behalf. Yours, with respect, GRIN H. BROWN, WILLIAM H. JOHNSON, WILLIAM WILSON, Froiu New York City. WASHINGTON, D. C., August 3, 1863. Major-General FOSTER, Fortress Monroe: Edward Warren, surgeon-general of North Carolina, desires permis- sion to come within our lines to examine the condition of the wounded North Carolina prisoners. What do you think of it? Should he have the leave, and what sort of a man is he0? I have been waiting your return to write to you, and may perhaps visit you in a few days if you remain au Fortress Monroe. EDWIN M. STANTON. FORT MONROE, YA., August 3, 1863. Hon. E. M. STANTON, Secretary of War: I know of no particular reason why Surg. Gen. Edward Warren, of North Carolina, should be admitted within our lines, but would recom- mend his admission for the purpose you named. I think many leading men of North Carolina are conservative and many certainly are antag- onistic to the Southern Confederacy. Doctor Warrens admission show- ing a partiality and preference for North Carolina may widen a little the breach. I propose to make a reconnaissance within the enemys lines to-mor- row morning, lasting three days, from which I hope to obtain important information. At the end of that time if you would make your visit, I will be able to lay before you some important facts. lf you will tele- graph me when you will come a boat can meet you wherever you may designate. I shall be pleased to see you at any time, but more particu- larly at this time, as a consultation between us might determine our future policy and movements in my department. J. G. FOSTER, Major- General Page 173 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 173 HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, ]JJio., August 3, 1863. Brig. Gen. J. S. MARMADUKE, Commanding Confederate Forces: GENERAL: In reply to your communication dated July 20, and received on the 1st instant from Capt. John C. Moore, bearer of flag of truce, I have the honor to inform you that the case of exchange you refer to having been submitted to me on the 20th of July last, I ordered the agreement to be carried out, and that Major Blackwell, Captain Woodsmall, and Adjutant Edwards be sent to your lines without delay. The agreement was disapproved by General Davidson because it was not in accordance with the terms of the cartel and in violation of existing orders of the United States Government. Being satisfied, how- ever, that the agreement was made in good faith by both parties, and had been carried out by the Confederate authorities, I ordered it to be carried out on our part. Necessary delay has arisen from the fact that two of the officers, Major Blackwell and Adjutant Edwards, had been sent to a distant depot, and the other, Captain Woodsmall, was sick. The last named is sent with your present flag, and the others will be sent upon their return to Saint Louis, which has been requested of the Commissary- General of Prisoners. Permit me, general, to correct a very singular delusion which you seem to be laboring under concerning a certain agreement entered into between General Blunt and General Hiudman. General Blunt was not in command of this department, and could not make an agreement with the enemy which should be binding beyond the limits of the small force there under his command. Indeed, it is absurd to suppose that either General Blunt or General Hiudman intended to make any such general rule. To prevent any such misapprehension in future, I inclose here- with for your information copies of orders from the General-in-Chief of the United States Army, which, together with the cartel, will hereafter be the rule of action throughout this department. I have the honor to be, your obedient servant, J. M. SCHOFIELD, Major- General. HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, Mo., August 3, 1863. Brig. Gen. JOHN S. MARMADUKE, Commanding Coi~federate Forces: GENERAL: Your letter of July 20 relative to the case of Lieut. C. D. Burbridge, C. S. Army, is received. In it you say Lieutenant-General Holmes will mete out full retaliation if execution follows conviction in his case. I am informed that Lieutenant Burbridge passed through Saint Louis disguised as a citizen and was arrested north of the Mis- souri River in the same disguise. flis case has not yet been decided. Whatever facts may appear on trial of the case, the finding and sentence will doubtless be in accordance therewith, and whatever the sentence may be, if approved by the President, to whom it imist be referred, it will undoubtedly be executed without reference to any threat of retalia- tion on the part of Lieutenant-General Holmes. General Holmes can- not be ignorant of the simple rules of war in such cases; indeed, I am fully informed of their application in several instances by him and his subordinates Page 174 174 PRISONERS OF WAR AND STATE, ETC. General Holmes may be assured that if he adopts the barbarous system he suggests I shall not hesitate to meet him in the mode univer- sally recognized among civilized nations. I have the honor to be, your obedient servant, J. M. SCHOFIELD, iliiiajor- General. AUGUST 3, 1863. General MASON, Camp Chase, Columbus: I do not think it advisable, against their own will, to trim the hair or shave the beard of the officers who arrived from Johnsons Island to be confined in the Ohio penitentiary. A. E. BUIRNSIDE, Major- General. HEADQUARTERS U. S. FORCES, Columbus, Ohio, August 3, 1863.* Maj. Gen. A. E. BURNSJDE, Commanding Department of the Ohio: GENERAL: I have j ust received your telegram with reference to the prisoners from Johnsons Island, and regret that it was too late, as they arrived at 3.30 p. m. Saturday and were taken at once to the penitentiary. The prisoners were turned over to the warden upon their arrival, and when taken into the prison were bathed, their hair cut, and beards shaved. The cells to be occupied by them were new, sweet, and clean. The warden was desirous of keeping them so. Some of the first arrivals were covered with vermin, which particular ones I know not, and if an error has been committed by the warden it was an unintentional one. He treats them all with kindness. The question did not occur either to the Governor or myself until after the greater portion of them had entered the prison. I had seen a copy of Governor Tods instructions to the warden, and supposed I had done all that was required in delivering the prisoners and seeing the number on the rolls verified. In future I will act on your suggestions fully, and regret that I did not receive it earlier. Your obedient servant, ~. S. MASON, Brigadier- General of Volunteers. GLEN CovE, LONG ISLATqD, N. Y., August 4, 1863. Major-General HALLECK: GENERAL: Permit me to again draw your attention to the case of Mr. Spencer Kellogg, fourth master of the Essex, who was taken pris- oner at Port Hudson. Mr. Kelloggs father called on me at this place and showed me a letter dated at Jackson, Miss., from Mr. Kellogg to his wife, stating that he was condemned to be shot by sentence of court- martial. Since then (May) the prisoners of Jackson have been removed to Richmond, and this officer may possibly be among them. I respect- fully request that nuder the proclamation of the President of July 30 * See also Mason to Buruside, August 2, Series I, Vol. XXIII, Part I, p. 815 Page 175 CORRESPONDENCE, ETCUNION AND CONFEDERATE. 175 an officer of the rel)el army be selected and confined as a hostage for the safety of Mr. Kellogg. This officer at a former period performed valuable services for the Government of a character which it would not be proper for me to state in a written communication, but they were of a character which could only be intrusted to a brave and faithful officer. I have the honor to be, general, your most obedient servant, W. D. PORTER, Commodore, U. ~. Navy. OFFICE COMMISSIONER FOR EXCHANGE Fort Monroe, Va., August 4, 1863. Col. WILLIAM HOFFMAN Commissary- General of Prisoners, Washington, D. C.: COLONEL: Mr. Ould has declared exchanged all Confederate soldiers who have been delivered at City Point up to July 20, 1863, which makes a balance in our favor of 3 35 apl)lied , 0. Where do you wish the balance Very respectfully, your obedient servant, S. A. MEREDITH, Brigadier- General and Commissioner for Exchange. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., August 4, 1863. Brig. Gen. A. SCHOEPF, Commanding Fort Delaware, Del.: GENERAL: Applications for release on taking the oath of allegiance by prisoners of war or citizens are not entertained unless some good reason is urged for granting this indulgence. It must be shown to the satisfaction of the examining officer that the applicant was forced into the rebel service against his will aiid has taken advantage of the first opportunity to free himself from it; or it may be granted as a favor to his family or friends, they being all loyal people and vouching for his sincerity in desiring to take the oath of allegiance; or it may be granted on account of the youth of the applicant, it being shown that he was led away by the influence of vicious companions, his Union friends guaranteeing his future loyal conduct. Unless the cases are presented substantially after this manner, with your recomixienda~on, it is not worth while to forward them. I respectfully return herewith several applications for such further information of a commendatory character as you may be able to give. The citizen prisoners who were sent to Fort Delaware from Camp Chase had an opportunity while at that camp to establish their claim to be released, and as they were sent forward for exchange it is prob- able little can be said in their favor. There is a commissioner at the camp to examine all doubtful cases. It must be understood wheu a discharge is granted that under no circumstances does it carry with it exemption from any of the duties as a citizen. Very respectfully, your obedient servant, W. HOFFMAN, Golonel Third infantry and Commissary- General of Prisoners Page 176 176 PRISONERS OF WAR AND STATE, ETC. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, August 4, 18G3. W. D. HENNEN, Esq.: SIR: You have been selected by this Department, and are hereby commissioned, to make a full examination into the cases of all the pris- oners not connected with the Confederate Army held in confinement by the military authorities of the Confederate States of America at any military post or prison in the Department of East Tennessee. You will communicate this appointment to the military commander in the said department and inquire where such prisoners are confined, and with as little delay as practicable will repair to the respective posts or prisons and enter upon the discharge of the duties assigned. You are authorized to require the production of all documentary tes- timony and military orders respecting such prisoners, may examine any witnesses who can be produced for or against them, and may hear any statements which the prisoners desire or are willing to make. You are authorized to discharge, either absolutely or upon such oath or parole as you may think proper, all prisoners against whom no well- founded suspicion of having violated any law of the Confederate States may exist, or where longer detention you may think not demanded by the public interest, and to transfer to the civil authorities of the State or Confederacy such prisoners as you may think answerable to their juris(lictiOfl. Orders will be issued to the commanding officer of the Department of East Tennessee to render you every facility in the dis- charge of your duties and to obey your instructions in regard to the prisoners yoa may examine. A full report of your proceedings under this commission and your opinion in regard to each prisoner examined will be made by you as promptly as 1)racticable. The commanding officer of the Department of East Tennessee will be instructed to advise with you upon any questions arising in his juris- diction which may require the aid of legal counsel and to retain you to appear in behalf of the Government in any judicial investigation in which he may judge it necessary for the interests of the Government to be protected by counsel. You will notify the Department on receipt of this communication whether you will accept the position assigned you, and when it will com- port with your convenience to enter upon the discharge of the duties. By way of compensation for your services you will be allowed the sum of $150 per month, to be paid on the order of the commanding officer of the Departtnent of East Tennessee by any quartermaster of the Confed- erate States, and transportation will be furnished you for all iiecessary travel by the commandants of the several posts. Tke rate of compen- sation above named is not designed to preclude your right to demand and receive additional compensation for services in court. Very respectfully, your obedient servant, J. A. CAMPBELL, Assistant Secretary of War. [Intiorsernent.] AUGUST 7, 1863. ADJUTANT-GENERAL: Send this copy of letter to W. D. ilennen, esq., to Major-General Bnckner, commanding Department of East Tennessee, an(l instruct him to issue all orders necessary to enable Mr. ilennen to discharge the duties and exercise the powers herein prescribed and delegated. By order Secretary of War: J. A. CAMPBELL, Assistant Secretary of War Page 177 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 177 [AUc~UST 4, 1863~~For Special Orders, No. 184, Adjutant and Inspector Generals Office, Richmond, ~)rovid]ng for a military court* to inquire into the surrender of Yicksburg and Port Hudson, see Series I,Vol. XXIV, Part III, p. 1045, and for correspondence on same sub- ject see pp. 1034, 1057, and 1058, ibid.] Hon. E. M. STANTON: CINCINNATI, August 5, 1863. I deem it of the greatest importance that some discretion be allowed me in releasing prisoners of war from Kentucky upon their taking the oath of allegiance and giving heavy bonds for future good behavior and loyalty. Much good can be accomplished by the proper use of this discretion, and harm, I think, is resulting from the present stringent orders. A. E. BURNSIDE, Major. General. WASHINGTON, August 5, 18G3. General BURNSIDE: You are authorized to release on parole and bonds such prisoners of war as do not wish to be exchanged and who on full examination are deemed to be sincere in their intention in taking oath of allegiance to the United States. H. W. JIALLECK, General-in- Chief. HEADQUARTERS U. S. FORCES, Port Hudson, La., August 5, 1863. Brig. Gen. J. L. LOGAN, or COMDG. OFFICER CONFEDERATE FORCES AT OR NEAR JACKSON, LA.: SiR: I have been informed by several eye-witnesses that two of the colored soldiers of this command have been recently hanged at or near Jackson, La., by the men of your command. I am also further informed that some of the colored soldiers of this command were, while prisoners of war, badly beaten and otherwise ill-treated. I cannot doubt that these outrages were committed without your authority, but it is my duty to call upon you to disavow these acts and, to puThsh the per- petrators thereof. I would also suggest the expediency of reminding the men of your command, that while it may be difficult to discover and bring to justice those concerned in such crimes, particularly when, as it is certainly probable, they are at least not repressed by some of your junior officers as they might be, it is not at all difficult to retali- ate severely upon the prisoners in our hands and upon those that may be taken hereafter. The severest measures of retaliation will There is no record of any proceedings of this court. September 5, 1863, by direction of the Secretary of War, the following order was issued from the office of the Adjutant and Inspector General: The court of inquiry appointed in Special Orders, No. 184, Paragraph XX, cur- rent series, will suspend its sessions until further orders from this office. The officers will return to their proper stations. 12 R RSERIES H, VOL V Page 178 178 PRISONERS OF WAR AND STATE, ETC. certainly be adopted on my part if such outrages should be again com- mitted, or if those herein mentioned are not disavowed arid the per- petrators properly dealt with. I am, general, respectfully, your obedient servant, GEO. L. ANDREWS, Brigadier- General of Volunteers, Commanding. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., August 5, 1863. Maj. Gen. J. M. SCHOFIELD, Commanding Department of the Missouri, Saint Louis, Mo.: GENERAL: Your letter of the 29th July, addressed to the Adjutant- General, in relation to the release of prisoners of war, has been referred to this office,and by direction of the Secretary of War I have the honor to inform you that prisoners of war who have been impressed into the rebel service and wish to enter our Army may be permitted to do so when the examining officer is satisfied of the applicants good faith and that the facts of the case are as represented. Prisoners of war are not permitted to take the oath of allegiance and be discharged unless some sufficient reason is urged for granting this indulgence. It must be shown to the satisfaction of the examining officer who reports the case that the applicant was forced into the rebel service against his will and has taken advantage of the first opportunity to endeavor to free himself from it; or it may be granted as a favor to his family or friends, they being all loyal people and vouching for his sincerity in desiring to become a loyal citizen; or it may be granted on account of the youth of the applicant, it being shown that he was led away by the influence of vicious companions, his Union friends guaranteeing his future good conduct. Cases must be presented substantially after this manner, with all the papers, through this office, for the approval of the Secretary of War, on whose order alone the discharge can be granted. The oath of allegiance must be without qualification, and it must be understood that nuder no circumstances does the discharge carry with it an exemption from any of the duties of a citizen. When prisoners of war are discharged on taking the oath of allegiance an ordinary descrip- tive roll should be furnished to this office, giving in the column of remarks the history of each case. I will send you blanks for this purpose as soon as they can be printed. Very respectfully, your obedient servant, W. ~LOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. OFFICE COMMISSARY-GENERAL OF PRISO]~ERS, Washington, D. C., August 5, 1863. Brig. Gen. S. A. MEREDITH, C~ommissioner for Exchange of Prisoners, Fort Monroe, 17a.: GENERAL: I have the honor to inclose herewith a list* of Federal troops delivered and paroled at City Point and other places up to 31st ultimo, and also an abstract of Confederate prisoners of war delivered and paroled at City Point, Vicksburg, and other places. I presume you have received from Colonel Ludlow rolls of all prisoners received * Omitted Page 179 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 179 and delivered by him at City Point, and also the rolls which were fur- nished to him from this office of prisoners received and delivered in the West. The number of Confederate prisoners now on parole and subject to exchange will be made up of the delivered at City Point and some few at other places, of which you have rolls, added to those paroled by General Grant, as shown by the abstract. The Federal troops have been in great part delivered at City Point, and so far there will be no diffienlty in arranging an exchange; but there are many in the West captured in small parties whom it will be difficult to classify, and it will perhaps be necessary in the declaration to designate them by giving the number of each regiment and the time and place of cap- ture, unless you can cover them, as in former declarations, by a general phrase, including all captures in certain States up to a certain time. There are a number of women in the abstract, but they, I presume, are not to be exchanged. Mr. Ould is doubtless provided with a roll of General Grants captures, but to place the whole matter in your hands I send you a duplicate roll. OH the 19th ultimo I requested Colonel Ludlow to furnish me a roll of prisoners received at Fort Monroe from the Southern coast. Will you please send me such a roll as early as practicable l It is very desirable that an exchange of all Federal officers and men now on parole be effected as early as practicable, and the papers I send you will doubtless lead to its speedy accomplishment. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. MILITARY PRISON, Alton, Ill., August 5, 1863. DOCTOR: In reply to yours of the 4th, requesting me to inform you what progress has been made in isolating the cases of smallpox from this prison, I have to report that nothing as yet has been done in the matter. The principal difficulty is to find a place within a reasonable distance of the prison, suitable in all respects to locate a smallpox hospital. I was out with Doctor Williams yesterday in search of a place for that purpose, but failed to find one. The doctor is out again this morning looking for a location. Should he fail to find a suitable I)lace we may have to take to a small island in the Mississippi, opposite the town, in which case we shall require a boat or two, in order to communicate with the island. The people who own property in the vicinity of the city are averse to having a smallpox hospital placed on or near their grounds. I have the honor to be, sir, with much respect, your most obedient servant, T. HENDRICKSON, Major Third Infantry, Commanding the Prison. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, If ichmond, August 5, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: On the 7th day of July last Lieut. Col. William H. Ludlow wrote to me that a certain General Order, No. 207, had been issued in relation to paroles. On the 23d of May, 1863, he gave me notice that General Orders, No. 100, was to be in force Page 180 180 PRISONERS OF WAR AND STATE, ETC. In that last general order, in paragraph 131, it was stated that if the Government does not approve of the parole the paroled officer must return into captivity, & c. I take it that General Orders, No. 100, so far as your authorities are concerned, continued in force at least until it was superseded by subsequent general orders. Before the 3d of July, 1863, a large number of your officers and men were captured and paroled by our forces in Maryland and elsewhere. Many of the paroles on their face state that the parties were informed of the position which your Government had taken with respect to paroles, and that they entered into the parole knowing that fact and pledging themselves to deliver themselves into our custody if the parole should be refused or ignored by your Government. Others stated that they entered into the parole because they were wounded, knowing if they did not do so they would be carried within our lines to the imminent risk of their lives. I shall insist that these paroles shall be respected and equivalents given for the officers and men named therein, or that the parties giving them shall be delivered in person at City Point. In doing so I only carry out your own general order in force at the time. If you object to this it is only another reason why we should meet at an early date to adjust the matters of difference between us. Respectfully, your obedient servant, 110. OULD, Agent of Exchange. [Indorsement.] OFFICE COMMISSIONER FOR EXCHANGE, Fort Monroe, August 7, 1863. Respectfully referred to Maj. Gen. E. A. Hitchcock. S. A. MEREDITH, Brigadier- General and Commissioner for Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, August 5, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: On the 18th of July last I addressed two communications to Lient. Col. William H. Ludlow in relation to Capt. 11. W. Baylor, Lee A. Dunn, Captain Compton, Major Armesy, Lieutenant Davis, Capt. William F. Gordon, and Captain Camp. I have received your letter of the 4th instant to those communications. May I ~equest of you the favor to read over those communications and ask yourself whether the reply is a frank one. Has one substantial inquiry that I made been answered l I have had occasion frequently heretofore to complain that no notice was taken of my inquiries. This sort of notice, however, is little better than silence. If your inquiries of me and mine of you are not fully and frankly answered it is useless for us to write. If a response cannot be given to the inquiry why cannot at least that be said. I again request that an answer be given to my inquiries of the 18th ultimo. You have given no reply to my communication of the 1st instant in relation to the confinement of General John H. Morgan and his officers; none respecting my proposition of the same date concerning the officers and crews of vessels who are held in confinement, and none to my letter about the immediate and unconditional release of non-combatants Page 181 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 181 Will you do me the favor to reply to them l They were written in answer to your own inquiries, and respecting subjects brought into dis- cussion by yourself. I did not thrust them upon you. Will you answer them or give me some reason why you will not I Respectfully, your obedient servant, HO. GULl), Agent of Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, August 5, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: I beg leave to call your special attention to the two inclosed eommunications* from our Surgeou-General. Will you be so kind as to returu me a speedy answer to the letter of the 28th ultimo, addressed to mel The other is no less worthy of your notice. Can nothing be done to stop the fearful mortality at Fort Delaware I Is it intended to fill our land with mourning by such means of subjngation I Respectfully, your obedient servant, IRO. OULD, Agent of Exchange. [Inclosure.] SURGEON-GENERALS OFFICE, Richmond, July 30, 1863. Hon. JAMES A. SEDDON, Secretary of War, Richmond, Va.: SIR: In view of the vast amount of sickness among our prisoners of war confined by the Federal authorities in Fort Delaware, as reported to me in person by a reliable soldier of our Army, a prisoner in the fortress and lately exchanged, I feel it my duty to make this communi- cation in hope that some amelioration of their condition may result. The large and enormous increase of mortality at this fortress is attrib- uted to the present excessive numbers of our soldiers confined there, which are still being consigned to its already overcrowded and pesti- lential cells and to their being subjected to the use of its unwholesome food and bad water. I respectfully submit the question, if some representation cannot be made to the United States G-overnmeut concerning this seemingly unworthy attempt to subdue or destroy our soldiers by pestilence and disease. Surely the want of room in which to confine prisoners %curely, with at least some reasonable regard for the laws of health, cannot be pleaded by the U. S. authorities as a reason for this unmerciful and unjust conduct on their part. In a scientific view of this subject alone the policy of the humane treatment of prisoners of war and a proper effort to prevent the gener- ation and dissemination of disease is clearly apparent and is alike profitable to both combatants, and how much more does the propriety of this course become evident on appeal to the code of civilization and to the dictates of Christianity. Very respectfully, your obedient servant, S. P. MOORE, Surgeon- General, 0. 5- Army. ~0niy one found Page 182 182 PRISONERS OF WAR AND STATE, ETC. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, August 5, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: I will thank you to inform me whether it is the purpose of your authorities to deliver to us the non-commissioned officers and privates now in your custody. Recent movements have beeu so mysterious that I am justified in asking thus distinctly what is your intention ~ I trust you will inform me in your next communication. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, August 5, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: Neither this office nor any department of the Confederate Gov- ernment has any advices or information as to the hanging of two officers commanding negro troops. If upon inquiry it turns out that such has been the case you will be duly informed. In the meantime permit me to suggest that no very implicit reliance should be placed upon newspaper statements. If they had been only half true no correspondence would be taking place between us at this time. Respectfully, RO. OULD, Agent of Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, August 5, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: I see no reason for the appearance of your flag-of-truce boats daily or every other day in order that prisoners may receive their correspondence with some sort of reguiarity.~~ It is of far more impor- tance that the thousands of prisoners who are languishing in your prisons should be sent. The best and most satisfactory message from them will be communicated with their own lips. If you intend to keep them in your horrible prisons it will be but a poor satisfaction that they have the privilege of telling their loved ones the story of their anguish. The flag-of-truce boats are not so much intended for correspondence as the delivery of prisoners. The former is merely incidental. Every flag-of-truce boat that arrives at City Point without the number of prisoners it can accommodate, while you have thousands in your p05- session, is a purposed breach of cartel. Your flags of truce, of course, are sacred in the river, unless you make them a glaring abuse. The beginning of that abuse is to send them with letters instead of prison- ers. I trust, therefore, that no boats with correspondence and news- papers and without prisoners will make their appearance at City Point. Our people have had enough of that already. At the instance of your predecessor, we made an arrangement by which two copies of each of our five daily papers in Richmond were to be exchanged for an equal number of your papers. lf you feel dispose Page 183 CORRESPONDENCE, ETC.UNION AND CONPEDERATE. 183 to contiiiue that arrangement, it is entirely agreeable to me. The papers which he was in the habit of sending are satisfactory. If you prefer to make a change I have no objection. I continue to send our files to you, although you have not done so. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., August 6, 1863. Brig. Gen. J. II. MARTINDALE, Military Gorernor, Washington, D. C.: GENERAL: I have just learned that General Marston is prepared to receive prisoners of war at the camp just established at Point Lookout and I have therefore to request that instead of sending 300 enlisted prisoners of war from the Old Capitol to Fort Mdflenry, as requested in my letter of yesterday, you will send 500 to Point Lookout. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third infantry and Commissary- General of Prisoners. CINCINNATI GAZETTE RooMs, IVashingtou, August 6, 1863. Colonel HOFFMAN, Commissary-General of Prisoners: SiR: On the evening of the 3d of May, 1863, three newspaper corre- spondents, Messrs. A. D. Richardson and Junius II. Browne of the New York Tribune, and Richard T. Colburn of the New York World, were taken prisoners at Yicksburg while attempting to run the blockade on a small tug-boat to join our forces below. They were taken to Rich- mond and thrown into Libby Prison. In a few days Mr. Colburn was released, while Messrs. Richardson and Browne were retained and have ever since been kept confined notwithstanding all efforts to secure their release or exchange. Late letters represent Mr. Browne (whose health has always been precarious) as being very ill and not likely to survive a much longer confinement. Both the gentlemen were formerly citizens of Cincinnati (and Mr. Browne still is) and a special interest is there- fore felt in having every means possible exhausted to procure their release. Cannot some specific retaliatory measure be adopted under the Presidents recent proclamation to secure the exchange or release of these gentlemen, or if that be deemed inexpedient is there not some further step in their behalf the Government can take ~ I have the honor, colonel, to remain, very respectfully, your obedient servant, N\THITELAW REID. [First indorsemeut.] Colonel HOFFMAN, Commissary- General of Prisoners: DEAR COLONEL: I desire to join in Mr. Reids request and earnestly hope you may be able to make an early exchange of his friends, Rich- ardson and Browne. Truly, yours, W. DENMAN Page 184 184 PRISONERS OF WAR AND STATE, ETC. [Second indorsement.j OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., August 10, 18G3. Respectfully referred to the Secretary of War. As the Confederate commissioner for exchange of prisoners has refused to entertain a prop- osition for the exchange of Civilians except on terms which cannot be acceded to, there seems to be no way of s~cnring the release of these gentlemen, but by resorting to retaliatory measures. W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. [Third indorsement.] I respectfully recommend that two rebel prisoners of war of the rank of captain be placed iii solitary confinement and so kept until the two (Richardson and Browne) shall be released by the rebel authorities, notice of the fact being sent through Mr. Ould. If this does not effect the purpose, more severe measures may be resorted to E. A. HITCHCOCK, Major- General. [Fourth ~ndorsement.] WAR DEPARTMENT, August 14, 18G3. Respectfnlly referred to the General-in-Chief for remarks. By order of the Secretary of War: JAS. A. HARDIE, Assistant Adjutant- General. [Fifth indorsement.] AUGUST 15, 1863. Approved. H. W. HALLECK, General-in- Chief. DEPOT PRISONERS OF WAR, Near & tndusky, Ohio, August G, 18G3. Col. WILLIAM HOFFMAN, Commissary- General of Prisoners, Washington, D. C.: COLONEL: I am in receipt of your letter of the 30th [31st] ultimo respecting the purchase of clothing by the prisoners. A copy has been furnished the sutler, and also put up on the store inside. Many boxes of clothing come here for prisoners from friends. They also write to friends for clothing and boots, & c. (and they are sent as-presents), some- times sending measnres. Thus far such clothing has been delivered, except uniforms. Many of the prisoners now here have flue clothing which they brought with them. Shall I allow such clothing and boots to be delivered when sent by friends, and shall I allow prisoners to write to friends for clothing without giving description of what is allowed l Very respectfully, your obedient servant, WILLIAM S. PIERSON, Major Hoffmans Battalion, Commanding. HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, August 7, 18G3. Major-General HALLECK, Commander-in- Chief, ct~e.: GENERAL: Your dispatch of the 25th July I have rei~eived. It gives me plea snre to say, in reply, that the parole of the prisoners capture Page 185 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 185 at Port Hudson was strictly in accordance with the cartel. The arrangement was made with General Gardner, one of the opposing generals, and the place of delivery of the prisoners, the manner of their departure, and the conditions, were all agreed to by him and attested with his signature, otherwise not one of the men would have been paroled. I have the honor to forward herewith copies of the papers, which I think will answer all the conditions of the cartel. The pris- oners insisted npon having each a copy of his parole, that they might not be compelled to enter service again until they were exchanged. It was almost a matter of necessity that we should parole them. Twenty-two nine-months regiments were about leaving; there were 12,000 to 15,000 of the enemy on the Mississippi between Port Hudson and New Orleans, against whom it was necessary to move our whole force, and we had neither men to guard nor transports to move them to a place of safety. I am sure, however, that the proceedings were in accordance with the conditions of the cartel, and that the men can be punished if found in arms against the Government before being regu- larly exchanged. I have the honor to be, with in uch respect, your obedient servant, N. P. BANKS, Major- General, Commanding. OFFICE COMMISSIONER FOR EXCHANGE, Fort Monroe, l~a., August 7, 1863. Maj. Gen. E. A~ HITCHCOCK, Washington, D. C.: GENERAL: I have the honor to inform you that by to-days boat I have received a most earnest and pressing request from Mr. Ould to grant him a meeting as early as possible. I have not yet sought an interview with him, for the reason that Colonel Ludlow has been quite reticent in regard to matters connected with his late business, nor did I wish to see Mr. Ould until I had some specific instructions from the War Department. From what I can gather in Colonel Ludlows letter books I suppose the following are points to be insisted upon: First. The immediate exchange of Colonel Streight and his comn~and. Second. An agreement that Doctor Green shall be held by the United States Government as a hostage for Doctor liucker; other surgeons to be exchanged. Third. That all officers commanding negro troops, and negro troops themselves, shall be treated as other prisoners of war, and exchanged in the same way. I feel constrained, however, for reasons stated above, to ask for full instrnctions as soon as possible. You may rest assured that I shall enter into no unauthorized agreement with Mr. Ould, nor shall I dis- cuss with him any point on which I am not fully instructed. I have the honor, also, to forward you the inclosed from Mr. Ould, upon which I should like to have your views before seeing him.* I am, general, very respectfully, your obedient servant, S. A. MEREDITH, Brigadier- General and Commissioner for Exchange. * See August 5, beginning on the 7th day of July, p. 179 Page 186 186 PRISONERS OF WAR AND STATE, ETC. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., August 7, 1863. Maj. Gen. W. S. IROSECRANS, Commanding, ]i1iu~freesborough, Tenn.: GENERAL: I have the honor to inftrm you that the following instruc- tions have been given by the Secretary of War in relation to the dis- charge of prisoners of war: Prisoners of war who have been impressed into the rebel service and who wish to take the oath of allegiance and join oar Army may be per- mitted to do so when the examining officer is satisfied of the applicants good faith and that the facts of his case are as he represents them. Prisoners of war are not permitted to take the oath of allegiance and be discharged unless some sufficient reason is urged for granting this indulgence. It must be shown to the satisfaction of the officer who presents the case that the applicant was forced into the rebel service against his will and has taken advantage of the first opportunity to endeavor to free himself from it; or it may be granted as a favor to his family or friends, they being all loyal people and vouching for his sin- cerity in desiring to become a loyal citizen; or it may be granted on account of the youth of the applicant, it being shown that he was led away by vicious companions, his Union friends guaranteeing his future good conduct. Cases must be presented substantially after this manner, with all the papers, through this office, for the approval of the Secre- tary of War, on whose order alone the discharge can be granted. The oath of allegiance must be without qualification, and it must be under- stood that under no circumstances does the discharge carry with it an exemption from any of the duties of a citizen. When prisoners of war are discharged on taking the oath of allegiance an ordinary descriptive roll should be furnished to this office, giving in the column of remarks the history of each case. I will furnish blanks for this purpose as soon as they can be printed. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. (Same to Maj. Gen. John A. Dix, commanding Department of the East, iNew York; Ma Gen. N. P. Banks, commanding Department of the Gulf; New Orleans, La; Maj. Gen. Q. A. Gilimore, commanding Department of the South, Hilt on Head, S. C.; Maj. Gen. U. S. Grant, commanding Department of the Tennessee, Memphis, Tenn.; Maj. Gen. A. E. Burnside, commanding Department of the Ohio, Cincinnati, Ohio; Maj. Gen. J. G. Foster, commanding Department [of virginia and North Carolina], Fort Monroe, Va.) OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., August 7, 1863. Brig. Gen. S. A. MEREDITH, Commissioner for Exchange of Prisoners, Port Monroe, Va.: GENERAL: Yours of the 4th instant is received, and I have the honor to reply that I have in preparation rolls and abstracts of prisoners of war paroled by both parties which will enable you to make a declara- tion covering the exchange of all Federal troops now omi parole. I send you by this mail a letter, with abstracts, which I have been holding back for rolls, which are in preparation, of paroled Federal troops in the West not heretofore forwarded, the number, however, being on the abstracts. I will forward the rolls as soon as completed. It would b Page 187 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 187 difficult to make up the equivalents for the Confederates declared exchanged by Mr. Ould, and you will find it most convenient to make a declaration covering all our paroled troops up to some time in July. Very respectfully, your obedient servant, W. IIOFFMA~ Colonel Third h~fantry and Commissary- General of Prisoners. XORFOLK, VA., August 7, 18G3. To the PRESIDENT OF THE UNITED STATES: SIR: I most respectfully request that so soon as the record in the case of Dr. I). M. Wright, charged with the murder of Lieutenant Sanborn, shall be laid before you, you will telegraph the Hon. L. II. Chandler and myself, fixing some day when we may appear before you and present the mass of testimony which has been taken to prove the insanity of Doctor Wright, and also to present such statements in regard to the manner of conducting his trial, and to the facilities afforded him for making anything like a fair defense, as the facts of the case will justify. I am, with the highest respect, LEMUEL J. BOWDEX. INSPECTOR-GENERALS OFFICE Charleston, S. C.. August 7, 1863. Brig. Gen. THOMAS JORDAN, Chief of Staff: GENERAL: I visited this morning the prisoners hospital in Queen street, opened exclusively for the wounded Federals captured on Morris Island on the 11th and 18th of July last. The hospital is in charge of Surg. J. L. Dawson, with the following attendants: Assistant Surgeons Ancrum; J. B. Mood; W. W. Andrews, ward- master; James Spencer, f. m. c. steward; Mrs. C. ID. Webb, matron; Dulin, Powell, Finigan, Maloy, nurses, two of whom are employed during the day and two at night; two washers; two cooks. The number of wounded prisoners actually in hospital is as follows: One commissioned officer, Captain Payne; two sergeants, one of whom is a negro; one corporal; thirty-five privates, twenty-five of whom are negroes and ten only white, the whole making ~n aggregate of thirty-nine wounded prisoners. The hospital is apparently well managed, the rooms being kept as clean as can be expected nuder present circumstances. The beds and bedding are of a rough, but good material. The patients, white and black, appear to be well cared for and treated with due kindness and humanity. Mosquito nets are needed. Assistant Surgeon Ancrum informs me that from forty-five to fifty would be required for the present. A negro by the name of Charles Stanton, wounded when taken to hospital, but now well, is doing duty as nurse for the wounded negroes. I suggest that it would be proper to dispose of him as was done with the other negro prisoners captured on Morris Island; that is, transfer him at once to the State authorities. I met with no visitors at the hospital. Assistant Surgeon Ancrum says that the prisoners are not interfered with as they formerly were Page 188 188 PRISONERS OP WAR AND STATE, ETC. the sentinel at the entrance of the hospital having strict orders to allow no one in without a pass. ALFD. ROMAN, Respectfully, Lieutenant- Colonel and Inspector- General. EDENTON, N. C., August 7, 1863 President DAVIS: My uncle, Dr. David Minton Wright, one of the oldest and first phy- sicians in Norfolk, is sentenced by the Federal authorities to be hanged, but is granted a new trial, which is to take place in Washington. As soon as J heard the report of the affair I endeavored to learn the par- ticulars, but the blockade has been so rigid that no one could get in. The blockade has been raised for a few days and to-day two ladies from Edenton arrived, bringing the following intelligence: A few weeks since a negro regiment, commanded by a Yankee, marched through the streets of Norfolk. Doctor Wright was standing on the street, and as the regiment passed remarked: My God, did ever I expect my country to come to this l Did ever I expect to see snch a regiment on the streets of the city of Norfolk l The officer hearing the remark stepped before 1)octor Wright with his sword uplifted and attempted to slap him on the cheek with his sword. The doctor drew his pistol and shot him dead. The doctor is in close confinement with fetters; was tried last week, condemned, and sentenced to be hanged. Is allowed a new trial, which is to take place in Washington City. Doctor Wright has a son in the Fifty-seventh North Carolina Regiment, a worthy representative of his noble father. If anything can be done by our Government for Doctor Wright I know it only needs to be made known, and thus my letter. Very respectfully, Mus. STARK A. W. PEIGHTON. [Indorsemeuti Deep sympathy is felt in this case, and both the natural indignation of Doctor Wright at the shameful spectacle and his prompt vindica- tion of his honor against the indignity offered him are honored, but it unfortunately is not seen how the Department can aid his cause, and, indeed, it is believed interference on the part of this Government would probably prejudice it with our brutal foes. J. A. SEDDON, ASecretary. WAR DEPARTMENT, Washington, August 8, 1863. Maj. Gen. E. A. H1TCIICoCK, Commissioner for Exchange of Prisoners, Washington, D. C.: GENERAL: You will select three rebel prisoners of South Carolina, if there be any such in onr possession, and if not, three others, and have them kept in close custody as hostages for three colored men, named Orin H. Brown, William II. Johnson, and William Wilson, cap- tured on the gun-boat Isaac Smith and held in close confinement in the jail of Charleston, S. C. Make report to this Department of the persons who are thus selected as hostages and of the place of their confinement, and communicate the fact through the usual channels to the rebel authorities at Richmond. Very respectfully, your obedient servant, E. M. STANTON, $ecretary of War Page 189 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 189 WASHINGTON, D. C., August 8, 1863. Governor JOHN A. ANDREW, Boston, Mass.: If you have a list of the colored prisoners held in Charleston, and any details in regard to their mode of treatment, showing whether or not they are kept in close confinement, please communicate the same to this Department, in order that such measnres as are justified by the laws of war may be taken for their protection. No official report has been received by this Department upon the subject. EDWIN M. STANTON, Secretary of War. BOSTON, August 8, 1863. Hon. EDWIN A. STANTON, Secretary of War: No list of prisoners in Charleston or details of treatment yet received by the Governor. II. WAItE, Acting Military Secretary. HEADQUARTERS C. S. CAVALRY, August 8, 1863. Brig. Gen. GEORGE L. ANDREWS, Commanding U. S. Forces, Port Hudson, La.: SIR: Your communication of the 5th instant per flag of truce is at hand, and in reply I will state that if any negroes in arms have been hung by troops of this command it was done without my knowledge, or by some one, if at all, without authority from me. The report that negroes, after capture, were beaten is false. Should you exercise cruel or unkind treatment toward any officer or soldier captured by your forces belonging to this command I shall most certainly use the severest means of retaliation upon all negroes or white men protected by the U. S. flag now in or those that may hereafter fall into my hands. The officers and soldiers of your command captured by my forces at Jackson and other places will be placed in close confinement until your policy toward officers and soldiers captured from this command is made known to me. I am, & c., JNO. L. LOGAN, Colonel, Commanding Brigade. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., August 8, 1863. Maj. Gen. It. C. SCHENOK, Commanding Middle Department, Baltimore, Md.: GENERAL: General Meredith, commissioner for exchange of pris- oners, informs me that he is constantly receiving prisoners of war, line officers and chaplains, from Baltimore, whom he is obliged to send to Fort Norfolk, where there is no room for them. By direction of the Sec- retary of War I have to request that prisoners of war may not be for- warded to Fort Monroe except by orders through this office. Line officers should be sent to the depot on Johnsons Island, and if medica Page 190 190 PRISONERS OF WAR AND STATE, ETC. officers and chaplains cannot be conveniently provided for at Fort Mdllenry they also should be sent to Johnsons Island. I learn accident- ally that there are prisoners of war at Fort Muffin. If such is the case I have the honor to request that the commanding officer may be directed to make the necessary rolls, returns, & c., to this office. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. GENERAL ORDERS, HDQRS. DEPARTMENT OF THE Onio, No. 126. Cincinnati, Ohio, August 8, 1863. I. In consequence of the large number of applications in this depart- ment from prisoners of war to take the oath of allegiance, Brig. Gen. N. C. McLean, provost-marshal-general, will, by authority of the Sec- retary of War, examine such cases, and when satisfied of the honesty of their intentions will release the applicants on their taking the oath and furnishing sufficient bonds. II. All communications for prisoners of war must pass through the office of Brig. Gen. N. C. McLean, provost-marshal-general of the department. By command of Major-General Burnside: LEWIS IRICHMOND, Assistant Adjutant- General. STATE OF SOUTH CAROLINA, EXECUTIVE DEPARTMENT, Charleston, August 8, 1863. Hon. JAMES A. SEDDON, Secretary of War, Richmond, Va.: SIR: On the 23d of July last I had the honor to submit to you a copy of a demand made upon General Beauregard for certain negro slaves and commissioned officers captured in arms on James and Mor- ris Islands on the 11th and 18th of the same month. In the same letter also called your attention to the question of delivering to me the free negroes captured at the same time. In reply to my demand on General Beauregard he says in a letter of 23d of July last: I have to acquaint you that in view of the grave international questions which may be involved I have felt it my duty to submit your letter for the consideration and for the orders of the Government. Ii have now the honor to acknowledge the receipt of your letter of the 1st instant, in which you inform me that you have directed the delivery of the captured negroes to the authorities of South Carolina, but you say nothing as to the commissioned officers captured in company with the slaves in arms on Morris Island, referred to in my demand upon General Beauregard. I now respectfully call your attention again to that matter and request that the commissioned officers, in accordance with the Presi- dents proclamation announced in General Orders, No. 111, of the 24th of December, 1862, fourth section, may also be delivered to the State authorities to be dealt with according to the laws of the State. I have been notified by the commanding general that he is ready to deliver the slaves and free negroes whenever I am ready to receive them. Very respectfully, your obedient servant, M. L. BONHAM Page 191 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 191 [First indorsement.J SECRETARY OF WAR: The papers relative to this subject were submitted some time ago. None of the negroes captured were of South Carolina, nor were there any ~f them slaves at the commencement of the war. J. A. C. [Second indorsernent.] AUGUST 14, 1803. The resolutions of Congress are explicit that negroes captured in arms shall be surrendered to the authorities of the States in which they are taken. J. A. SEDDON, Secretary of War. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, August 9, 1863. Hon. R. OULD, Agent of Exchange, Richmond, Va.: SIR: I return you a communication* purporting to have been writ- ten by one S. P. Moore, Surgeon-General, & c. No paper containing a word disrespectful to the Government under which I have the honor to serve will be forwarded. Yours of the 5th ultimo inclosing the above, coming under the same category, is also returned. Respectfully, your obedient servant, S. A. MEREDITH, Brigadier- General and Commissioner for Exchange. [Indorsement.] Notwithstanding the objectionable language in the complaint of the rebel surgeon I recommend that these papers be transmitted fo the commanding officer at Fort Delaware for a report. E. A. HITCHCOCK, Maj. Gen. of Vols. and Commissioner for Exchange of Prisoners. MILITARY PRISON, Alton, Iii., August 9, 1863. Col. W. HOFFMAN, Commissary- General of Prisoners: COLONEL: I received your telegraphic dispatch of the 6th in rela- tion to cost of building and lease of lot for smallpox hospital at this place in due time, and would have replied to it sooner only that it was not known till yesterday whether we could get a place within a rea- sonable distance of the prison to locate the establishment. I have not made an estimate of the cost of the building like that suggested by me for the reason that it has been decided by the Surgeon-General of the Army, who has sent instructions to that effect to the officers of his (lepartment at Saint Louis, that hospital tents shall be used for the pur- pose of a smallpox hospital at this place. Requisitions have been already sent to the quartermasters department for these tents and so soon as received they will be put up on the ground selected, and the hospital put into operation as soon after as po8sible. We have had great difficulty in getting a place within a reasonable (listance of the prison and suitable in all respects to locate the hospital. Persons owning land and living in the vicinity of Alton are strongly opposed to having an establishment of the kind on or near their premises, hence See Ouki to Meredith, August 5, with inelosure, p. 181 Page 192 192 PRISONERS OF WAR AND STATE, ETC. our delay in a great measure in getting the hospital established. A position has, however, been selected in a wood near a good spring of water, about two miles from town, to which place I hope to have all the smallpox cases removed in the course of the present week. I have made contracts for medical attendance on the sick of the prison with two physicians of Alton, in compliance with Doctor Keeneys recoin- mendation. I have the honor to be, sir, with much respect, your most obedient servant, T. HENDRICKSON, Major Third infantry, Commanding the Prison. WASHINGTON, D. C., August 10, 18G3. ABRAHAM LINCOLN, President of the United States: The undersigned citizens of the State of Maine, resident in this city, would respectfully represent to Your Excellency that General Neal Dow, of Portland, in said State, was seriously wounded in one of the assaults made on the batteries at Port Hudson and sent into hospital for treatment of his wounds. While there he was made a prisoner by the rebels and taken to Richmond, Va. It is now reported that Jeff. Davis has given him into the hands of the Governor of Alabama, on a requisition from that functionary, to be put on his trial under the laws of that State on the charge, it is understood, of stealing negroes, the penalty for which is death. The result of such a trial in such a place and under existing circunistances no one need be told who knows the animus of that people. It will only prove a cloak to cover up a deliberate and malicious murder. Your petitioners, therefore, most respectfully and earnestly ask that Your Excellency will order that Jeff. Davis and the Governor of Alabama both be notified that General Dow must be in all respects treated as a prisoner of war; that any other treatment of him will be retaliated on rebel officers in your hands in full measure, and that you forthwith make public proclamation of such purpose in this case. As in duty bound will ever pray. E. B. FRENCH. [And thirtyone others.] [First indorsement] AUGUST 12, 1863. Submitted to the Secretary of War and General-in-Chief. A. LINCOLN. [Second indorsement.] WAR DEPARTMENT, August 17, 1863. Referred to General Hitchcock, commissioner of exchange. By order of the Secretary of War: JAS. A. HARDIE, Assistant Adjutant- General. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, P. C., August 10, 1863. Maj. W. S. PIERSON, Commanding Depot Prisoners of War, Sandusicy, Ohio: MAJOR: In reply to your letter of the 6th instant I have to inform you that you will not permit the prisoners in your charge to make an Page 193 CORRESPONDENCE, ETC.TJNION AND CONFEDERATE. 193 addition whatever to the stock of clothing they brought with them, except such articles as are absolutely necessary, and they must be of the description heretofore prescribed. One suit of outer clothing and a change of underclothing is all that is necessary. They are not per- mitted to receive clothing from their friends, nor are they permitted to scud for it except so far as may be requisite to supply their absolute wants, and the boxes of clothing you speak of will be returned to the persons who sent them. That ordered must be countermanded. Under no circumstances can boots be allowed. This order will be carried out strictly. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. STATE OF SOUTH CAROLINA, Headquarters, Charleston, August 10, 1863. Hon. JAMES A. SEDDON, Secretary of War, Richmond, Va.: Sm: My attention has just been called to the first of the joint reso- lutions 6f Congress, approved May 1, 1863, in which it is resolved: That, iii the opinion of Congress, the commissioned officers of the enemy ought not to be delivered to the authorities of the respective States as suggested in the said (Presidents) message. I therefore beg leave to withdraw so much of my communication of the 8th instant as demands of the Confederate Government the surrender of the commis- sioned officers to me, waiving, for the present, the question in reference to them. But I deem it proper to call the attention, of yourself and the Presi- dent to the facts that the free negroes will be punishable by the laws of South Carolina with death, the Governor having the power under the constitution to commute the punishment, and under the sixth of the joint resolutions above referred to the same penalty is imposed upon the commissioned officers, and the same power of commuting said punishment is vested in the President. It may seem to yourselves advisable that the same degrhe of punishment should be meted to both classes if convicted and that there should be accord of action between the two authorities. I will immediately order the trial of the slaves and any free negroes of the Southern States that may be among them, but I will delay action for the present with regard to the free negroes from the Northern States, hoping soon to hear from you on the subject. I am, sir, very respectfully, your obedient servant, M. L. BONHAM. [First ii~dorsement.j AUGUST 14, 1863. Respectfully submitted to the President for consideration and instruc- tions to me. J. A. SEDDON, Secretary of War. [Seeond indorsernent.] The views of the Secretary of War are invited. J. D. 13 R RSERIES II, VOL V Page 194 194 PRISONERS OF WAR AND STATE, ETC. [Third indorsement.] AUcfUST 23, 1863. Respectfully resubmitted to the President. Under present circum- stances the free negroes should be either promptly executed or the determination arrived at and announced not to execute them during the war. I do not think they should be regarded as regular prisoners of war, but dealt with in some exceptional way to mark our stern reprobation of the barbarous employment of such inciters to insurrec- tion with all its attendant horrors in our slave-holding States. This might perhaps be effectually done both to deter and to meet the require. ments of our own people by holding them to hard labor during the war. I incline to advise the latter course. JAS. A. SEDDOX, Secretary of War. [Fourth indorsement.] AUGUST 25, 1863. The law of the Confederate States gives no discretion to the Executive so far as the captured negroes are concerned, but iiidicates, by expressly giving power to commute penalty in the case of white men serving with negroes, a purpose to make discriminations, perhaps to avoid the danger of sinking the spirit in the letter of the law. The Governor appears to desire a snggestion which may serve to fix the Confederate and State governments in the same line of action, but as each case must depend upon its circumstances, and as the two gov- erninents will have different classes to deal with, it is not seen how a definite answer can be given unless, as you intimate, it be not to bring any case to trial. I do not know how far the power of the Governor extends in that regard. .IEFFN DAVIS. HEADQUARTERS DEPARTMENT OF THE TENNESSEE, Vicksburg, August 11, 18G3. Col. WILLIAM HOFFMAN, Commissary- General of Prisoners, Washington, D. C.: Among the prisoners of war sent from this department there was a Maj. M. Semmes, registered or enrolled as a staff officer of Brig. 0-en. P. 0. H& bert, C. S. Army. Major Semmes was captured near Natchez and sent North during the latter part of July. General ll~bert has conditionally released one o~ the Government lessees of Louisiana plantations who had been captured by Confederate cavalry and asks the release of Major Semmes in exchange. He states that Major Semmes is a citizen and not an officer of the Confederate Army. The conscript act is so rigidly enforced in the South that every one to be secure must enroll themselves in some capacity. Many whose interests and inclinations incline them to remain at home enroll them- selves as volunteer aides on the staff of some general, and this I under- stand to be the case with Major Semmes. I would respectfully ask that Maior Semmes be released and retnrned to his home, in exchange for Judge L. Dent, who has been released by General H& ~bert and allowed to return to his plantation. U. S. 0-RANT, Major- General Page 195 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 195 MILITARY PRISON, Aiton, Iii., August 11, 1863. Col. W. HOFFMAN, Commissary- General of Prisoners, Washington: COLONEL: I have the honor to report that in compliance with orders from the commanding general of the Department of the Missouri, received here yesterday, I have this day relinquished the command of this prison to (Jol. G. W. Kincaid, of the Thirty-seventh Iowa Volun- teers, which regiment is on duty here as guard to the prison. I have the honor to be, sir, with much respect, your most obedient servant, T. flENDRICKSON, Major Third Infantry. OFFICE ASSISTANT COMMISSARY OF PRiSONERS, Camp Morton, August 11, 1863. Col. W. HOFFMAN, Cominissary-Gefteral ~f Prisoners: SIR: At last I have succeeded in getting my report of prisoners for the month of July ready. When I reportcd for duty at this camp oi~ the 8th of July 1 found 111 prisoners here, but no rolls or books, awl everything in confusion in all matters pertaining to prisoners of war and the camp in general. Near the close of the month the prisoners of Morgans command were sent in, without rolls, and scarcely had they arrived until many of their friends came with pern~its from Major- General Burnside to see their relatives, and many more came with cloth- ing, & c., and, taking all together, we were waiting on them all day and compelled to get up oar office work at night. I am happy to say that this state of things is now past, as no more permits to see prisoners are granted and Brigadier-General Wilicox has made arrangements to have letters and packages examined by an officer at his headquarters in the city. I will forward rolls in a few days of those joined in this month up to the present time. Please send me blank monthly returns, as I have not one in this office. Very respectfully, your obedient servant, EDWAIID J. IROBINSON, Lieutenant and Assistant Commissary of Prisoners. HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, August 11, 1863. General S. COOPER, Adjutant and Inspector General, Richmond, Va.: GENERAL: I had the honor recently to suggest, in a communication to you, the expediency of assembling near the North Carolina moun- tains a number of regiments of paroled prisoners. Amongst others I would suggest that the brigade of Actg. Brig. Gen. Alex. W. 1~ey- nolds be so employed. Whatever disposition may be ultimately made of them, these regiments can certainly be assembled more readily in East Tennessee or Western North Carolina than at the general rendez- vous at IDemopolis. Their presence in the vicinity of the mountain districts would overawe tIme bushwhackers, and they could be advan- tageously and, I think, properly employed in sustaining the civil authorities when they could not be ordered to field duty. Respectfully, your obedient servant, ~. B. BUCKNER, iJiajor- General, Commanding Page 196 196 PRISONERS OF WAR AND STATE, ETC. IZAUGUST 12, 1863.For Halleck to Grant, in relation to the treat- ment of colored troops and of white officers of such troops, see Series I, Vol. XXIV, Part III, p. ~89.] [AUGUST 12, 1863.For Schofield to Blunt and other district com- manders in the Department of the Missouri, in relation to treatment of Confederate prisoners of war, see Series I, Vol. XXII, Part II, p. 447.] QUARTERMASTER-GENERALS OFFICE, Washington, August 12, 18G3. Lieut. Col. C. A. REYNOLDS, Assistant Quartermaster, Rock Island, Ill.: The barracks for prisoners at Rock Island should be put up in the roughest and cheapest mannermere shanties, with no fine work about them, and the work should, if possible, be done by contract and in the shortest possible time. Have you made contracts~? The fewer superin- tendeiits the better. Report by telegraph. MI. C. MEWS, Quartermaster- General. OFFIcE COMMISSARY-GENERAL OF PRISONERS, Washington, I). (J., August 12, 1863. Commodore W. D. PORTER, U. S. navy, Glen Cove, Long Island: SIR: Your letter of the 4th instant, addressed to General Halleck, calling attention to the case of Mr. S. Kellogg, fourth master of the Essex, a I)risoner at Richmond, has been referred to this office, and 1 have the honor to inform you that he is confined in Castle Thunder nn(ler charges of being a spy and a (leserter. Assurances are given that lie shall have the speediest possible trial, and if the charges are not sustained he will be delivered up. He has already been exchanged. I am, very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary-General of Prisoners. MEDICAL l)iRECToR~ OFlICE, Fort Monroe A 1863. ugust 12, Brig. (ten. H. M. NAGLEE, Commanding Seventh Army Corps: Sin: I have the honor to report that I have carefully inspected the jail at Norfolk and the prison at Fort Norfolk in accordance with your oider. In order to pnt the jail in a sanitary coiidition arid keep it so it will be necessary to have it thoroughly cleaned and whitewashed and more frequently and thoroughly policed. Although tIme condition of the prison at Fort Norfolk has been improved of late, yet it is highly important that the policing be more effectually and frequently done. In both instances the necessary improvements were pointed out to the officer in charge. I would also respectfully call your attention to the necessity for more thorough policing of the cities of Norfolk and Ports- month. The streets of these cities are far from being in a healthy coii- dition, and in my opinion the prevalence of the diseases peculiar t Page 197 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 197 the locality can only be prevented by the cities before named being immediately put in a sanitary condition. I am, very respectfully, your obedieiit servant, H. II. GILBERT, Surgeon and Medical 1)irector. HEADQUARTERS DISTRICT OF KENTUCKY, Lonisviil~, August 12, 1863. Brigadier-General MCLEAN, Provost-Marshal-General: I have the honor to report to you that there are in the military prison here about 250 rebel prisoners claiming to be deserters, and to ask what disposition shall be made of them. Many of them have been personally examined by a commission of three officers at the military prison and their release recommended. Large numbers of deserters are sent from the Department of the Cumberland with instructions to be released in Louisville. Ft is believed by the general commanding the District of Kentucky that the release of such large numbers of this class in this State would be dangerous to its peace, as many bad men would inevitably be turned loose, it being in most cases impossible to procure any other evidence of the good character and honest inten- tions of the men than their own statement. If it is too dangerous to the interests of the service to release men of this class in the Depart- ment of the Cumberland, it would be equally so in the State of Ken- Picky, situated in so many respects similarly to that of Tennessee. General Boyle directs me to suggest that some arrangement be made with General Rosecrans by which deserters may be examined at Nash- ville, where something may be learned of the character of the l)arties, and that the worthy may be released there and the unworthy be held till the close of the war. Among the prisoners claiming to be deserters are a number of Kentuckians, principally Morgans men. The Ken- tuckians who went into the rebel service were principally men bank- rupt in fortune and reputation before the rebellion broke out, and they eagerly embraced a cause promising to disrupt the established com- mercial and social status of the country, having in any change hope of possible advantage and fear of nothing worse than their then present position. With these went out many hot-headed, unreasoning young men, who have been fearfully corrupted and demoralized by association with the former. None of these can plead, as the citizens of States farther south, that force, moral or physical, pressed them into the rebel service. For this reason it is believed less consideration is due tlmeni than the others. A protest comes to General Boyle from all sections of the State against the turning loose of these men in it again under any circumstances. Petitiomis cnn be gotten up for almost any one, and in this way it is represented that some of the worst mnen who have cursed the State have recently gotten discharged from Camp Chase. Although I had recently addressed you a communication upon this subject, General Boyle instructed me, as I had received no reply, to write you again at length requesting you to give the subject your mature consideration and me full instructions. Begging an early reply, I have the honor to be, very respectfully, your obedient servant, STEPHEN E. JONES, Captain and Aide.de-Camp Page 198 198 PRISONERS OF WAR AND STATE, ETC. [First indorsement.] HEADQUARTERS PROVOST-MARSHAL-GENERAL, Cincinnati, Ohio, August 29, 1863. Respectfully returned with reference to General Orders, No. 286, War iDepartmen t.~ By order of Brigadier-General McLean: OSCA]~ MINOR, Assistant Adjutant- ()eneral. - [Second indorsernent.] HEADQUARTERS DISTRICT OF KENTUCKY, Louisville, August 31, 1863. Respectfully forwarded to Colonel Hoffman, Commissary-General of Prisoners, with the request to be furnished with instructions for the disposition of the prisoners. If they are to be held until application can be made for their release to the Secretary of War it is requested that some depot of prisoners be indicated to which they may be for- warded, there not being sufficient room in the prison here, which was designed merely as one of transfer. By order of Brigadier-General Boyle: STEPHEN E. JONES, Captain and Aide-de-Camp. [AUGUST 12, 1863.For Seddon to Smith, on the subject of retalia- tion, see Series I, Vol. XXII, Part II, p. 964.j GAINESVILLE, August 12, 1863. JEFFERSON DAVIS, Richmond: Please inform me if. it would be violating parole to arm men for pur- pose of drill ~ Discipline cannot be preserved without it. Troops are coming rapidly in. J. C. PEMBEIITON, Lieutenant- General. WASHINGTON, August 13, 1863. General S. A. MEREDITH, & C.: SIR: In answer to yonr communication of the 7th instant, covering the letter of Mr. Ould of the 5th instant, 1 have to rnciose for yonr guidance a memorandum from Major-General Halleck, approved by the Secretary of War, containing the decision upon the letter referred to, upon which you can confer with Mr. Ould upon your next interview with him, presenting the proposition as a definite one without argument oti your part. Should the proposal be accepted with authority you will only need to make the declaration it contemplates. If it should not be accepted, you will please merely transmit any observations which Mr. Ould may desire to present for such action as may be determined upon at general headquarters. Very respectfully, your obedient servant, E. A. HITCHCOCK, lila]. Gen. of ITols. and Commissi~ner for Exchange of Prisoners. * See August 17, p. 212 Page 199 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 199 [Inclosure.] HEADQUARTERS OF THE ARMY, Washington, August 12, 18G3. ililiemorand am for Major- General Hitchcock. IRobert Ould, agent for exchange of prisoners, in his letter of Angust 5 to Brig. Gen. S. A. Meredith, claims that the prisoners captured and paroled by the enemys forces in Maryland and elsewhere prior to the 3d of July should either be regarded as legally paroled or returned to the enemy as prisoners of war. It will be observed that General Orders, No. 100, current series, simply announces general principles, which apply only in the absence of special agreements. So far from changing in any way the cartel, Lieuteiiant-Colonel Ludlow notified Mr. Ould at the time of giving him this order that our Government would regard no parole as binding which was not given in conformity with the provisions of the cartel. This was not only fully understood at the time, but it is alleged and believed has been carried out by the enemy whenever it suited his convenience. It is understood that rebel prisoners illegally paroled by our officers have been returned to the ranks without exchange. In regard to the prisoners paroled iu Maryland and Pennsylvania by General Lee and his officers, it is stated by General Meade that General Lee re(luested him to appoint a place of exchange in accordance with the provisions of the cartel and that he (General Meade) declined the proposition. Nevertheless, in order to disembarrass himself from the care of these prisoners, General Lee proceeded to parole them. General Lees officers in receiving these paroles, and our officers and men in giving them, knew, or ought to have known, that they were utterly null and void. And now, after having released our men on illegal paroles, in order to avoid guarding and feeding them when his army was hard pressed and retreating before General Meade, General Lee, or rather his agent, Mr. Ould, insists that the United States Government shall either respect these illegal paroles or deliver the persons so paroled to the Confederate authorities at City Point. This is certainly a mo~t extraordinary demand and cannot be acceded to. In order, however, to avoid any difficulties on this point General Meredith will be authorized to agree with Mr. Ould that all paroles given by officers and men on either side between the 23d of May and the 3d of July not in conformity with the stipulations of the cartel be regarded as null and void, a declaration to that effect being published to the armies of both belligerents. The other three points mentioned in General Merediths later of the 7th instant seem to be fully understood by him. The Government of the United States will under no circumstances yield either of these l)oints. The foregoing memorandum has been examined and approved by the Secretary of War. H. W. HALLECK, General-in- Chief. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washinyton, 17). C., August 13, 18(13. Lieut. Col. J. 0. BROADHEAD, Provost-Marshal, Saint Louis, Mo.: COLONEL: The report of Medical Inspector John L. Le Conte, sur- geon, lIT. S. Volunteers, to the Surgeon-General states that there is not a sufficient variety of vegetable food l)rovided for the prisoners at Oratiot Street Prison Hospital at Saint Louis~ and that repairs an Page 200 200 PRIS& NI~liS OF WAR AND STATE, ETC. improvements are required to put the hospital ill a satisfactory condi- tion. Please examine into this matter aiid cause the fund to be used to purchase such articles as are recommended by the surgeon in charge, or as may be necessary, and use the fund also to put the hospital in a healthful and safe condition. Expensive repairs should not be paid out of the fund, but such as are suggested I think may well be, viz: New window sills of plank, bars inside of the windows, substitute gratings for wooden doors to increase the ventilation, stop the leakage of officers privy into recreation room, & c. When a few prisoners are employed at hard labor for the benefit of the others, particularly mechanics, it would seem to be right that they should receive a small compensation out of the fund when it is sufficiently large to admit of it. They should not receive over 25 cents per day where the circum- stances, in your judgment, justify it. If the amount is over a dollar or two it should be placed to the mans credit. The foregoing may perhaps apply e(lualiy to the Myrtle Street prison. Please report. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. CHICAGO, August 11, 1863. Colonel HOFFMAN: Camp Douglas iii good condition to accommodate 8,000 prisoners. I have 125 guards. J. S. PUTNAM, Captain, Commanding Post. JOHNSONS ISLAND, Near Sandusky, Ohio, U. 5., August 13, 1863. Hon. JAMES A. SEDDON, Secretary of War, Richmond: DEAR SIR: There are about Confederate officers confined here as prisoners of war. About were captured at Gettysburg, and the balance belong mostly to our Western army. This is the general depot for all Confederate officers, except those who belong to General Morgans command. There are but few men in the crowd who have a change of clothing, and as our money is worthless here there are but few who have the means to purchase what they so much need. I would respect- fully suggest to you the propriety of sending to eaclk,offlcer here (if in your power to do so) one months pay in U. S. money. It would enable each officer to l)urchase a supl)ly of comfortable clothing for the cold season, which in this section is close upon us. It would also be the means of preventing a large amount of suffering, sickness, and death. In thus addressing you I am not actuated by any personal motive. I have friends and relatives in the United States who cheerfully supply all my needs. I write in behalf of mybrother officers who are in need and must suffer unless something is done to relieve them. I neither ask nor desire anything for myself. Our treatment here is kind and humane. Our rations are good both in quantity and quality, and all we need to make us comfortable is a supply of clothing. Hoping that this matter will receive your attention, I am, yours, respectfully, J. R. BItEAHE, Lieutenant, Fifteenth Alabama Regiment, Prisoner of War, Johnsons island, Sandusky, Ohio, U. S Page 201 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 201 [First indorsemeut.] SEPTEMBER 1, 1863. QUARTERMASTER~GENERAL: Could this request be complied with ~ Has any Federal money been lately captured or otherwise come tinder the control of the Bepartment ~ J. A. SEDDOX, & cretary of War. [Second iedorsement.1 - QUARTERMASTEThGENERALS OFFICE, & ptember 4, 18G3. Respectfully returned to the Secretary of War. Captain Morfit, assistant quartermaster, on duty with Brig. Geti. John fl. Winder in this city, has in his possession ~3,400 captured from Colonel Streight by General Morgan, and about 10,000 taken from offi- cers and men of U. S. Army, held captive at this point. As to the pro- priety of using this money it is for the War I)epartmnent to determine. I think it questionable whether it could be safely conveyed to our offi- ceis held as prisoners of war at Johnsons Islmd, and suggest a refer- ence of the question to Colonel Ould for o1)inion. A. 11. LAWTON, Quartermaster-General. HDQRS. HOFFMANS BATT., DEPOT PRISONERS OF WAR, Near Sandusky, Ohio, Au gust 14, 1863. Col. WILLIAM HOFFMAN, Commissary- General of Prisoners, iVashinqton, D. C.: COLONEL: I inclose you letter to J. A. Seddon, Secretary of War.* Ott my return from the East, on seeing your first letter respecting cloth- ing I directed all orders for clothing to be stopped. Probably but little will arrive which would conflict with your orders and require to be sent back. I have furnished copy of your letter to the officer charged with examination of packages. Unless these prisoners receive clothing from some quarter many will soon be without change of underclothing and many nearly naked. Sometimes a box of clothing comes that has been made up in a neighborhood and designed for manygenerally cheap clothing and sometimes second-hand. Under your present order it would prevent its delivery without it is gray. By the orders I have issued the prisoners have become afraid to buy nice clothing even if they could, for fear it will be taken from them, and I Ihink it would in the end save the Government furnishing clothing in extreme destitute cases if common clothing was delivered without regard to color. I call your attention to this view of the matter. I also have to report that boxes of clothing come here, including different description front what you allow, with a permit from General Buruside, viz, including boots. Very respectfully, your obedient servant, WM. S. PIERSON, Major Jfofbn ans Battalion, Commanding. [AUGUST 14, 1863.For Burusides General Field Orders, No. 2, in relation to the treatment of Confederate prisoners of war, see Series I, Vol. XXX, Part III, p. 30.] *See next, anle, without indorsenients Page 202 202 PRISONERS OF WAR AND STATE, ETC. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, August 14, 1863. Hon. ROBERT OuLD, Commissioner for Exchange, Richmond, Va.: SIR: Mr. Daniel Gerhart, an old and wealthy citizen of Ohio, was taken prisoner at Winchester, \Ta., while attending a son dangerously ill, and is now confined at Richmond. Can nothing be done to expedite the release of this gentleman~? Respectfully, your obedient servant, S. A. MEREDITH, Brigadier- General and Commissioner for Exchange~ CONFEDERATE STATES OF AMERiCA, WAR DEPARTMENT, Richmond, August 14, 1863. His Excellency M. L. BONHAM, Governor of Soath Carolina, Charleston, S. C.: SIR: I have the honor to acknowledge your letter of the 8th instant renewing the request that the commissioned officers taken in command of negroes within yonr State be, in accordance with the Presidents proclamation announced in General Orders, No. 111, of December 24, 1862, delivered to the authorities of your State to be dealt with accord- ing to its laws. Subsequent to that proclamation and the issue of the general orders in pursuance thereof, the Congress of the Confederate States, by joint resolutions approved May 1,1863, provided in effect that such officers shall during the present war be tried before the military court attached to the army or corps by the troops of which they shall have been captured, and by such other military court as the President shall direct, and in such manner and under such regulations as the President shall prescribe, and after conviction the President may com- mute the punishment in such manner and on such terms as he may deem proper. These resolutions have been annulled and substituted by the orders to which you refer, and in consequence the officers demanded by you cannot be delivered, but must be tried in the manner prescribed by said resolutions. Instructions to observe the provision of the reso- lutions, together with a copy thereof; have been forwarded to the com- manding general of the department embracing your State, and it is not doubted that under such instructions appropriate proceedings will be instituted and severe punishment inflicted upon the officers taken in the unworthy and criminal service of commanding negroes, thereby inciting to servile insurrection and all its attendant horrors within your State. Assurance of this course of proceeding by the command- ing general is afforded by the promptness with which he has complied with the instructions to surrender, in pursuance of the same resolutions, the negroes captured in arms. Thns it is hoped full satisfaction on both points will be afforded to the outraged feelings of Your Excel- Jency and the people of your State. With high regard and respect, your obedient servant, JAMES A. SEDDOK, Secretary of War. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, August 14, 1863. General BRAXTON BRAGc~, Commanding Department of Tennessee: GENERAL: A letter of D. M. Wisdom a(ldressed to Colonel Roddey, of the 23d ultimo, was referred from your headquarters to this Depart Page 203 CORRESPONDENCE, ETC.UNIoN AND CONFEDERATE. 203 ment and has been submitted to the President. The letter contained a narrative of the capture of Captain Wharton and a portion of his men by Colonel Hurst, of the U. S. Army, and the murder of the captured party on the road from Purdy to Pocahontas. The President directs that you will inquire into the accuracy of the statement of Mr. Wisdom, and that when you are satisfied on that subject you will adopt such retaliatory measures as are authorized by the usages of war, without awaiting spe- cific instructions or making any reference to this Department. And this course will be adopted not only in this case, but whenever such instances of enormity and wickedness in violation of the laws of war shall come to your knowledge. The subject is placed under your control as a mili- tary commander, and you are expected to exercise a wise discretion in reference to it. The enemy have, in their Military Order, No. 100, declar- ing the laws and usages of war, allowed to their subordinate command- ers every latitude for crnelty and injustice that they can desire, and we hear from every quarter that they are not slow in using and abus- ing the authority given. To repress this abuse a corresponding power must sometimes be exerted by our own officers. Very respectfully, JAMES A. SEDDOK, Secretary of War. SPECIAL ORDERS, ADJT. AND INSP. GENERALS OFFiCE, iNo. 193. 5 Richmond, August 14, 18G3. * * * * * * * XXII. H. A. M. Henderson is appointed assistant commissioner with the pay and allowances of a captain in the Adjutant-Generals Depart- ment, to carry out the cartel for the exchange of prisoners, and will report to Col. Robert Ould, agent, & c., for duty at Demopolis, Ala. By command of the Secretary of War: JNO. WITHERS, Assistant Adjutant- General. HEADQUARTERS DEPARTMENT TRANS-MjSSjssippj, General ~. COOPER, Shreveport, La., August 14, 1868. Adjutant and Inspector General, Richmond: GENERAL: I have the honor to call the attention of the War Depart- ment toau announcement in the New Orleans Era of the 6th instant that the soldiers belonging to the Twenty-third, Twenty-fourth, and Twenty- fifth Connecticut Volunteers, who were recently captured and paroled at Brashear City, have been ordered to report for duty, as their paroles are signed by an aide-de-camp, C. S. Army, whose authority is not recognized by our Government. This announcement derives peculiar significance from its being made in the official abolition paper of ~ew Orleans. It is an act of bad faith on the part of our enemies, in keep. ing with their treacherous policy, and demands the prompt action of the Government. The prisoners who were paroled at Vicksburg, and who yielded to the desire to visit their homes in this department (as they uniformly state), were offered every facility by the enemy to pass through their lines and cross the Mississippi River. By this means hundreds of these paroled men, who, by the stipulation of the surren- der of the garrison, were to be sent to a paroled camp east of th Page 204 204 PRISONERS OF WAR AND STATE, ETC. Mississippi, have been scattered far and wide over this department. This was also an act of bad faith to which I respectfully call the attention of the War Department. I have the honor to inclose you a copy of an order for all officers and soldiers paroled upon the surrender of the garrisons at Yicksburg and Port Hudson in the department, whether on furlough or otherwise, to rel)ort at the various camps of instruction by the 15th proximo. If by that time I ascertain from the military anthorities of the enemy that the announcemeut above (1ioted is true, and no instructious are received from the Secretary of War, I shall release the paroled officers and sol- diers of the garrisons of Vicksburg and Port hudson from the obliga- tions of their paroles and order them on duty. I have the houor to be, general, your obedient servant, E. KIRBY SMITH, Lieutenant- (9~c1U3r(( 1, Commanding. ~Juclosure.] HDQUs. DEPT. TRANS-MISSISSIPPI, GENERAL ORJIERS, Shrereport, La., August 14, 1863. No. 36. * * * * * * * II. All officers and soldiers belonging to the garrisons of Yicksbnrg and Port Hudson previous to the surrender of those places who may be within the Department of Trans-Mississippi, either by furlough or otherwise, will report by the 15th day of September next, or at the expiration of their furlough, at one of the following-named places, viz: Those from Arkansas, at the camp of instruction at Washington, Ark.; from Missouri, at Little Rock, Ark.; from Louisiana, at the camp of instruction near Shreveport, La.; from Texas, at the places directed by Major-General Magruder. TI ie quartermasters dci )artment will furnish necessary transportation to officers and men reporting in compliance with this order. By command of Lieut. Gen. E. Kirby Smith: S. S. ANDERSON, Assistant Adjutant- General. HEADQUARTERS TRANS-MISSISSIPPI DEPARTMENT, AS~hreveport, La., August 14, 1863. Maj. Gen. R. TAYLOR, Alexandria, La.: GENERAL: I am instructed by the lieutenant-g~neraI commanding to inclose* you the accompanying copy of a letter addressed this (lay to General Cooper. He also directs me to say that he wishes you to open a correspondence with the commanding officer of the Yankee forces near you for the purpose of ascertaining definitely whether the announce- ment in the Era of the 6th instant in regard to the release of Brashear City prisoners is true, and if said prisoners have been released to learn as ~)recisely as possible the reasons for this action of the Yankee authorities. I have the honor to be, general, your obedient servant, GEO. WILLIAMSON, Assistant Adjutant- General. * Sec next, ante Page 205 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 205 LIBBY PRISON CELL, General ~. H. WINDER, Richmond, Va., August 14, 18G3. Provost-Marshal- General, Richmond, Va.: SIR: I have the honor to ask your indulgence and pardon ,sir, for trespassing upon your patience in giving me your attention for a moment to the reading of the following: General, I learn, sir, that I am placed in close and solitary confine- ment to await my trial for murder and robbery, with which I have been charged. The facts, sir, in the case of the former are as follows: In the month of January, 1862, the Second Regiment Virginia Vol- unteer Cavalry, U. S. Army, commanded by Col. W. M. Bolles, was ordered to re-enforce General Garfield, then iii Northeastern Kentucky, where said regiment arrived on the 7th of January. On reaching General Garfields forces said regiment was ordered to the front. Some two miles and a half above Paintsville Colonel Bolles discovered the enemy and ordered the writer to pursue and charge upon him, which was done, putting the enemy to flight. During the chase one of the enemy was discovered attempting to make his escape on foot, was halted several times and refused to do so, was fired upon and killed, having a musket iii his hand at the time. Some time afterward it was reported that he was shot after having surrendered. I imme- diately demanded an investigation, whereupon General Rosecrans, then in command of that department, ordered an investigation and in case any evidence could be had to sustain a charge to have charges preferred at once. An examination was had; the evidence was not sufficient to sustain a charge, but, to the contrary, evidence was had proving that the man had not surrendered and that lie was killed with musket in hand attempting to make his escape, and would not stoJ) after being commanded to halt several times, whereupon the case was dismissed and the writer exonerated from all blame in the case. Sir, so far as the latter charge is concerned, I aiim totally in the dark, unless the taking of stock, i. e., horses and cattle, by orders from the commanding officers is so construed. If so, I am guilty of robbery; if not, I am innocent of the charge, for I do assure you, gemmeral, that I have never done anything of the kind myself or allowed time men under my immediate command to do anything of the kind. Having operated against time Eighth Regiment Virginia Volunteer Cavalry, C. S. Army, commanded by Col. James M. Corns, my almost entire time in theservice I respectfully refer to him and to Captains henry C. Everett and C. irvine Lewis, of said regiment, for my character as an offi~er and gemi- tl~man; also to Capt. William A. Lackey, of the Fourteenth Virginia Cavalry, C. S. Army, whomo, together with some 116 of his men, I cap- tnre(l near Lewisburg last november; also Dr. S. C. Gleaves, of Wvtheville, Va. General, the object in giving you these facts is, sim-, to respectfully ask your clemency, sir, to the extent that I may be permitted to be taken from my cell and put with mny fellow-officers until the time of my trial. The raid on Wytheville was headed by Col. J. T. Toland, acuing brigadier-general, who was killed there, and not by me. I am, general, your obedient servant, W. II. POWELL, Qotonet & cond Virginia Volunteer Gavairy, U. S. Army Page 206 206 PRISONERS OP WAR AND STATE, ETC. AuGUSTA, August 15, 1863. President LINCOLN, Washington: DEAR SIR: We are greatly alarmed for the safety of General Dow, whom the rebels have taken to Mobile on a charge of stealing negroes. You have been advised of the facts in his case. Is it not possible in some way, by proclamation or otherwise, to admonish them of the dan- gers they will encounter by dealing thus with an officer of the 15. S. Army~ Very respectfully, your obedient servant, LOT N. MOIIIIILL. WAR DEPARTMENT, Washington, D. C., August 15, 1863. Major-General BuRNSIDE, Cincinnati, Ohio: SIR: The Secretary of War has in preparation an order on the sub- ject of the discharge of prisoners, and he desires that no discharges shall be made under yonr orders (No. 126) of the 8th iustant.* You will soon receive a War Department order on the subject. E. A. HITCHCOCK, Maj. Gen. of Vols. and Commissioner for Exchange of Prisoners. HEADQUARTERS DISTRICT OF SAINT MARYS, Point Lookout, August 15, 1863. Col. W. HOFFMAN, Commissary- General of Prisoners: COLONEL: On or about the 10th instant I wrote you that I shOnl(l be ready to receive 1,000 prisoners as soon as you could send them. None have since arrived. All the arrangements of mess-houses, & c., have not been completed, but nevertheless prisoners can be taken care of here with perfect ease and safety. If the Government chooses to send them here I am ready to receive them. I am, very respectfully, your obedicnt servant, GILMAN MARSTON, Brigadier- General. CHIcAGO, August 15, 1863. Col. WILLIAM HOFFMAN: I have just learned that you have been told that Camp Douglas would accommodate 8,000. This is an error. Six thousand, including guard, is the utmost limit, and then they will be crowded. Please have a commandant sent; also a good officer. J. A. POTTER, Assistant Quartermaster. GAINESVILLE, August 15, 1863. Major.General STEVENSON, Demojpo us, Ala.: The following just received from the President: RICHMONn, August 14, 1863. General J. C. PEMBERTON, Gainesville, Miss.: To use arms for the purposes of instruction and to maintain discipline in camp of paroled men does not come within any restriction of cartel. The terms of your capitulation must be referred to to find whether there be other objection. JEFFERSON DAVIS. I see nothing in the terms of capitulation to prohibit this. J. C. PEMBElITON, Lieutenant- General. * See p. 190 Page 207 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 207 SPECIAL ORDERS, ADJT. AND JNSP. GENERALS OFFICE, No. 194. * Richmond, August 15, 1863. * * * * * * XX. The officers and men of Maj. Gen. C. L. Stevensons division, paroled at Vicksbnrg, will on the expiration of the furloughs granted to them be reassembled at Chattanooga, Tenn., for assignment to the army of General Bragg. * * * * * * * By command of the Secretary of War: JNO. WITHERS, Assistant Adjutant- General. HEADQUARTERS IiEPARTMENT OF THE CUMBERLAND, Col. W. HOFFMAN, Winchester, August 16, 1863. Gommissary- General of Prisoners, Washington, D. C.: COLONEL: I have the honor to acknowledge the receipt of your com- munication of the 7th instant in regard to prisoners of war who (lesire to take the oath of allegiance and become once more law-abiding citi- zens. I had previous to the receipt of your letter adopted the policy of paroling such men aud permitting them to return to their homes, there to remain as long as they conduct themselves in accordance with the terms of their oaths, obliging them in all cases to give satisfactory security by bond that they will strictly observe their paroles. After the retreat of Braggs army from this State large uumbers of deserters from Keutucky and Tennessee rebel troops were found in the country and concealed in the woods and hills, who were afraid to give them- selves up to our forces for fear of being sent for exchange, and who preferred to live as outlaws rather than risk the chance of being returned to the rebel army. The imminent danger that these men would of necessity become guerrillas and give infinite trouble not only to us, but to the inhabitants of the country, induced me to issue the or(lers, copies of which are herewith inclosed.* I transmit also herewith a copy of the parole t which is administered in these cases, and desire to be informed if my course in this matter meets the approval of the Sec- retary of War. I would propose that I be permitted to continue to allow these men to return to their homes upon giving their paroles with satisfactory security, and then, if necessary, to forward their cases to the Secretary of War for his final action. You will observe that in paroling them I reserve the right to exchange them at some future time if their conduct is such as to make it necessary. The necessity Thr immediate action in these cases makes this course seem to me the best that can be pursned. When their cases are decided upon by the Secretary of War they can be finally discharged or sent for exchange, as he may deem proper. I am, sir, very respectfully, your obedient servant, W. S. ROSECRANS, Major- General, Commanding. [Indorsement.] WAR DEPARTMENT, August 29, 1863. I respectfully recommend that deserters from the rebel army be dis- posed of primarily by the department commanders in whose depart- ments they may be found. The course of General Rosecrans seems * See General Orders, No. 175, Series I, Vol. XXIII, Part II, p. 184. t Omitted Page 208 208 PRISONERS OF WAR AND STATE, ETC. judicious, except that it ought not to be extended to prisoners of war after being reported to the Commissary-General of Prisoners. E. A. ilITOilCOCK, lJiiaj. Geui. of Vois. and Commissioner for Exchange of Prisoners. Submitted to the Secretary of War and approved August 29, 1863. WAR DEPARTMENT, Washington, August 16, 1863. ROBERT GULP: In relation to Doctor IRucker and the exchange of medical officers, there is reason to suppose that Doctor iRucker has from the first been confined on various pretenses, but in reality because of his strong attachment to the Union. He has been twice tried and acquitted by Virginia courts, and is now held upon some third accusation, the nature of which is unknown to the undersigned. E. A. HITCHCOCK, Commissioner for Exchange of Prisoners. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Augnst 16, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: I respectfully call your attentioli to the correspondence between Lieutenant-Colonel Ludlow and myself in relation to 1)octor IRucker and the detention of surgeons, and especially to my communication of the 23d June last. Lieutenant-Colonel Ludlow in his reply bearing date 12th July, 1863, says: As uud.erstood. by me Doctor Ruckers allege4 offenses were committed. in West Virginia, within the territory militarily occupied. at the time l)y the troops of the United. States. If so, by the laws and. usages of war your authorities have no juris- diction in his case. Paragraph 59 of your General Orders, No. 100, does not make the distinction of military occupation suggested by Lieutenant-Colonel Ludlow. It says: A prisoner of war remaiis answerable for his crimes committed. against his cap- tors, army, or people, committed. l)efore the 1)risoner was captured. and. ibr which he has not been punished. by his own authorities. Any construction which would not include such crimes as are com- mitted within the territory militarily occupied by4he army to ~vhmch the offender belongs would leave the provision almost without any meaning. In Doctor Ituckers ca5e, however, the distinction is without avail. I have delayed thus long in answering Lieutenant-Colonel Lud- lows comumunication of the 12th ijiltimo in order that I might obtaiu accurate information as to the facts in the case. He is indicted for murder committed on the 23d of July, 1861, npon a citizen of Virginia in Covington, Alleghany County, Va. At that time no Federal force was there or ever had been. The U. S. forces (lid not invade that county or region of country until May, 1862. He is also indicted for stealing a horse in January, 1862. He is, moreover, charged with other offenses committed while the Federal forces were in the country. Whatever, therefore, niay be the construction l)laced upon the general orders, so far as military occupation is concerned, Doctor Ituckers case is certainly embraced within the provisions of paragraph 59. I a Page 209 CORRESPONDENCE, ETCUNION AND CONFEDERATE. 209 also reliably informed that at the time of at least some of the offenses charged against him Doctor Rucker had no connection with your Army. It will hardly be contended, I suppose, that immunity for crimes already committed can be purchased by joining the forces of an invading army. The correspondence between Lieutenant-Colonel Ludlow auff myself seems to indicate that the only hindrance to the immediate and uncon- ditional release of all surgeons is to be found in the detention of Doctor iRucker, and further, if such detention could find its justifica- tion in your general orders, even that hindrance would be removed. I therefore bring to your attention the foregoing facts, drawn from the indictments against Doctor Hucker, by which it very clearly appears that he is rightfully held, and therefore Doctor Green wrongfully detained in retaliation. I accordingly renew to you the proposition heretofore made by me that all siuirgeons now held on both sides, with the excep- tion of Doctor Rucker, be released without delay. I have no objection to extend the proposition to nurses and members of sanitary commis- sions. I would, however, much prefer that it should embrace all non- combatants. I will be much obliged to you if you give an early specific reply to the propositions herein contained. Respectfully, your obedient servant, HO. OULD, Agent of Exchange. [AUGuST 17, 1863.For Banks to Halleck, in relation to parole ot Confederate prisoners surrendered at Port Hudson, see Series I, Vol. XXVI, Part I, p. 55.] HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, August 17, 1863. Maj. Gen. H. TAYLOR, Commanding Confederate Forces South of Red River: GENERAL: I have the honor to inform you that I have directed the immediate return to duty of all prisoners paroled by you during your recent occupation of the La Fourche country. My reasons for so doing are that the paroles were in violation of the cartel of exchange and were not authorized by agreement between the commanders of the opposing armies. I am likewise prohibited from recognizing their validity by orders from the Geimeral-in-Chief of the Army of the United States, which are founded on and agree with the orders issued from Hichmond. Very respectfully, your obedient servant, N. P. BANKS, Major- General, Commanding. JUDGE-ADVOCATE-GENERALS OFFICE, August 17, 1863. lIon. B. 1\I. STANTON, Secretary of War: SIR: The letter of Maj. Gen. J. M. Schofield, addressed to yourself under date of 17th of July* and referred to this office, has been care- frilly considered. The object of the communication is to ask from thc * Omitted, a summary of its contents being given in this communication. 14 R RSERIRS II, VOL V Page 210 210 PRISONERS OF WAR AND STATE, ETC. Secretary of War instructions as to the line of conduct to be pursued by the military authorities in Missouri in reference to the population of African descent found in that State, which, being loyal, was not embraced in the Presidents proclamation of the 1st of January, 1863. The points to which the inquiries and suggestions of General Scho- field are mainly directed may be resolved into three, viz: The status, first, of the persons held to service or labor in Missouri, as growing out of the fourth section of the act to confiscate property used for insur- rectionary purposes, approved 6th of August, 1861; second, of those enumerated in the ninth sectioii of the act to suppress insurrection, to punish treason and rebellion, & c., approved 17th of July, 1862; and, thirdly, those referred to in the tenth section of the last-mentioned act, together with the rights and duties of the military authorities in regard to persons belonging to each of these classes. The emancipation of the persons held to service or labor named in the first class, viz, such as have been required or permitted by those to whom such labor or service is due to take np arms against the United States or to work or be em~)loyed in or upon any fort, navy-yard, dock, armory, ship, intrenchment, or in any naval or military service whatsoever against the Government of the United States, results, ipso facto, from the per- formance of the acts mentioned, and, should thereafter any attempt be made to enforce such claim to labor or service against the person thus manumitted, it is declared by the act of Congress that it shall be a full and sufficient answer to such claim that the person whose service or labor is claimed had been employed in hostile service against the Government of the United States. The statute evidently contem- plates that this defense or assertion of a right to freedom shall be made before the courts, and I am not aware of any ground on which the military authorities in the State of Missouri, where the courts are open, can intervene in the settlement of any questions arising under this act. Should the party claimed to be held to service be seized for the purpose of enforcing the claim he would only have to sue out a writ of habeas corpus and make proof of the facts to secure his dis- charge. The persons described in the second class stand upon an entirely different footing. The language of the act in reference to them is as follows: And let it be further enacted, that all slaves of ~CV5OflS who shall hereafter be engaged in rebellion against the Government of the United States or who shall in any way give aid or comfort thereto, escaping from such persons and taking refuge within the lines of the army, and all slaves captured from such persons or deserted by them and coming under the control of the Gox-eruinent of the United States, and all slaves of such persons found or being within places occnp~d by rebel forces and afterward occupied by the forces of the Uuited States, shall l)e (leenied captives of war and shall be forever free of their servitude and not again held as slaves. The slaves thus enumerated, being made and declared to be captives of war as well as freedmen, are necessarily under the niilitary control of the Government of the United States. This protection should, in good faith, be fully extended to them against all efforts made to re-en- slave them or to deprive them of the freedom which this act bestows upon them. That their condition and the rights belonging to it may be known and respected, it is recommended that, through the depart- mental or other military commanders, certificates shall, upon a proper ascertainment of the facts, be issued to these persons, defining dis- tinctly their status and declaring them to be, as captives of war, under the military protection of the Government. These certificates should state, briefly but distinctly, the facts on which the partys right to free- dom rests, in order that it may appear the legal conclusion reached i Page 211 CORRESPONDENCE, ETC.UNJON AND CONFEDERATE. 211 warranted by the law as cited. The tenth section relates to fagitive slaves of loyal masters, and they constitute the third class. The section is in these words: And be it further enacted, that no slaves escapilig into any State, Territory, or the District of Columbia from any other State shall be (lelivered up, or in any way inhl)eded or hindered of his lil)erty, except for (rime or some offense aminst the laws nnless the person saving sai(l fugitive shall tirst make oath that the person to whom the lahor or service of such fugitive is alleged to he due is his lawfnl owner and has not borne arms against the United States in the present rebellion nor in any way given aid and comfort thereto, and no person engaged in the military or naval service of the IJuited States shall, under any pretense whatever, assume to decide on the validity of the claim of any person to the service or labor of any other person or sur- render np any such person to the claimant, on pain of l~eing dismissed from the service. The duty of the military authorities in reference to this class of fa gi- tives from labor is that of absolute non-intervention. This follows alike from the prohibition to surrender the fugitives and from the prohibition to decide on the validity of the claim made to his service. As the mil- itary cannot primarily exert any power in behalf of the claimant, neither can it be done in a secondary or subordinate capacity as a posse comitatus to the civil authorities or otherwise. If therefore a loyal claimant or his agent, acting in person or through a civil officem, shall attempt to arrest one of these fugitives from labor in the presence of the military authorities he must do so on his own responsibility and cannot claim from such authorities, nor can they extend to him any support or protection whatever. It is believed that these suggestions meet all the points presented by the letter of Major-General Schofield. Very respectfully, your obedient servant, J. HOLT, Judge-Advocate- General. WASHINGTON, D. C., Au gust 17, 1863. His Excellency ABRAHAM LINCOLN, President of the United States: HONORED SIR: On the 12th instant I was at the Executive Mansion with a l)etition to Your Excellency from citizens of Maine residing in this city in behalf of General Neal Dow, of Portland, in our State. On account of the great delay I found inevitable in reachin~ your presence to discharge my duty and the pressing nature of my official (luties I sent the paper to Your Excellency by your messenger instead of pre- senting it in person. My official engagements still forbi& the expendi- ture of the time I find requisite to secure a personal interview. I write this therefore to say in a few words what 1 am charged with saying to you in this case by my fellow-citizens. We are fully aware that your recent general order covers the case of General Dow and with reference to ordinary men it would be deemed sufficient, but General Dow, from his position in the Army of the United States, among his fellow-citizens at home, and his relations to the civ- ilization of this age, is an exception to ordinary men, and therefore his case, we deem, should be made an exceptional one and demands the special attention and intervention of the Government. General Dow is one of the leaders in the temperance reform and one of the champions of human rights, whose fearless activity and zeal has provoked the special hatred of traitors North and the rebels South, whose strongholds and centers of influence are in the grogshops and purhiens of vice. He is, in consequence, the especial object of the hatred and malice of thes Page 212 212 PRISONERS OF WAR AND STATE, ETC. vampires in all parts of the country and particularly in the South. Therefore we think he deserves and ought to receive the special efforts of his friends and our Government for his protection in his present imminent peril. General Dow is one of the representative men, one of the prophets of this age, and as such is of special worth to his country and the human race. He is known and honored as such, especially among the friends of temperance and virtue, in all parts of the civilized world. Such being his special and exceptional character, it seems to us that his case should be made a special and exceptional one by the Govern- ment. It is for these, among other reasons, that we ask your special action for his protection from the outrages and wrongs with which he is threatened by his and our countrys enemies. We trust our prayer will not be in vain nor your action without effect. An early decisiou is most respectfully and earnestly solicited. Please communicate the result of your deliberations to, Your obedient servant, DARIUS FORBES. GENERAL ORDER8, WAR 1)EPT., ADJT. GENERALS OFFICE, No. 2843. Washington, August 17, 1863. Irregularities having occurred in the discharge of prisoners of war, through the exercise of discretionary power by some of the department and other commanders, it has become necessary to order: 1. No prisoner of war, after having been reported to the Commissary- General of Prisoners, will be discharged except upon an order from the commissioner for the exchange of prisoners, who will act under instruc- tions from this Department. 2. All applications and recommendations for discharge will be for- warded to the Commissary-General of Prisoners, who will indorse on each application such facts bearing on the case as may be matter of record in his office, when the application will be submitted for the decision of the Department through the commissioner for the exchange of prisoners. 3. In general, the mere desire to be discharged upon taking the oath of allegiance will furnish no sufficient ground for such discharge; but cases where it can be shown that the prisoner was impressed into the rebel service, or which can plead in palliation extreme youth, followed by open and declared repentance, with other reasons, whatever they may be, may be specially reported. 4. In all cases a descriptive list of those discharged will be furnished by the officer making the discharge for file in the office of the Commis- sary-General of Prisoners. ~. The oath of alle~iance when administered must be taken without qualification, and can in no case carry with it an exemption from any of the duties of a citizen. By order of the Secretary of War: E. I). TOWNSEND, Assistant A~jutant- 6~eneral. HEADQUARTERS PAROLED AND EXCHANc~ED PRISONERS, Deniopolis, Ala., August 17, 1863. Col. B. S. EWELL, Assistant Adjutant-General, Morton, Miss.: COLONEL: I have the honor to inclose herewith copy of a dispatch received from Colonel Ould, agent of exchange, Richmond, Va., whic Page 213 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 213 states that all men delivered at City Point, Va., to July 20, 1863, aic exchanged. It is very important that this should be made public and the men be notified where to report; and I would beg to call your atten- tion to my letter of the 14th setting forth the reasons for removing our camp to Cahaba, Ala., and in case that you decide on its beino more beneficial to remove it 1 trust you will give inc orders to do so as soon as practicable. If this change of location is decided upon please iiotify me by dispatch, as very nearly 3,000 men have started from Camp Lee, Va., within the last three weeks, most of whom will be exchanged according to this telegram from Colonel Ould, and as they are scat- tered through the country I would like to see every exertion to make them report for duty. I am, colonel, very respectfully, your obedient servant, HENRY C. l)AVIS, Major. [Inclosure.1 RICHMOND, VA., August 15, 18G8. Maj. HENRY C. DAVIS, Deinopolis, Ala.: All Confederate officers and men delivered at City Point, Va., ~)rior to July 20 are dnly exchanged. H. OULD, Agent. [AuGusT 18, 1863.For Beauregard to Gilhnore, in relatiou to the exchange of prisoners of war, & c., see Series I, Vol. XXVIII, Part II, p. 43.] HEADQUARTERS I )EPARTMENT OF THE GULF, Yew Orleans, August 18, 18G3. MaJ. Gen. H. TAYLOR, Commanding Confederate Forces South of Red River, La.: GENERAL: It has been reported to me, and in such a manner that I am not at liberty to discredit the truth of the statement, that Ca1)t. Albert Allen, Sixth Regiment, Corps dAfrique, and Lieutenant Page, Ninth Regiment, Corps dAfrique, formerly known as the First and Fourth Regiments, U. S. Volunteers, are held prisoners and in close confinement and in irons at Shreveport, La. I respectfully request that you will inform me whether this statement is in accordance with the facts, and if so upon what ground this extraordinary procednre is founded. Should this report be confirmed it will become my duty to treat iii the same manner the Confederate prisoners of war now held in this department. I have the honor to be, with respect, your obedient servant, N. P. RANKS, Major- General, Commanding. General S. A. MEREDITH, WASHINGTON, August 18, 18G3. Commissioner for Exchange of Prisoners: SIR: You will take the first occasion of an interview with Mr. Ould, or other agent in his stead, to inquire into the case of General Neal Dow, who was taken prisoner near Port Hudson, and, according to information received here, not yet authenticated, and therefore it i Page 214 214 PRISONERS OF WAR AND STATE, ETC. hoped not well founded, has been delivered to the Governor of Alabama for trial under the State laws for some alleged offense against said laws. You will notify the agent for the information of his Government that General Neal Dow is an officer of the U. S. Army, acting prior to his capture under the orders of his Government, and any treatment of him (liUerin~ in anyrespect fromthat dne to a prisoner of war will be regarded as a violation of the laws of war and will be dealt with accordingly. Submitted to and approved by the Secretary of War and the General- in-Chief. Very respectfrdly, your obedient servant, B. A. HITCHCOCK. WASHINGTON, August 18, 1863. General MEREDITH: Exchange grade for grade, or condition for like condition; that is, captains for captains, surgeons for surgeons, & c. E. A. HITCHCOCK, Major- General. OFFICE COMMISSARY-GENERAL OF PRISONERS, - Washington, D. C., Aug~~st 18, 1863. Brig. Gen. G. MARSTON, Commanding Point Lookout, Md.: GENERAL: Your letter of the 10th instant was duly received and that of the 15th is now before me. On the 12th instant I requested General Scheuck to order some 800 prisoners from Baltimore to Point Lookout, and I have supposed they had arrived there long since. I will repeat the order to-day, and I will also order some 400 or 500 from this city. Please keep me advised of your readiness to receive pris oners so that I may know when to send them. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third infantry and Commissary- General of Prisoners. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, I). C., A ugnst 18, 1863. Maj. W. S. PIERSON, Commanding Depot Prisoners of War, AS1andusky, Ohio: MAJOR: Your letter of the 14th instant, relating to clothing for prisoners, is received, and in reply to that part of it in which you anticipate the coming destitution of some of them I would refer you to paragraph No. 4 of the regulations,* which provide for obtaining and issuing as much clothing as may be necessary. In my instructions rela- tive to the color of th.e clothing which may be furnished to them by their friends, my design was to l)revent them being so dressed as to facilitate their escape in a crowd, and having this in view I leave it to your dis- cretion to decide how far you may deviate from the prescribed color. It is not a matter of so much consequence with pants as with coats. The quality of the clothing, as I have prescribed it, will not be deviated from. Contributions of the clothing, if of the proper character, may be retained for distribution till needed. Allow no clothing of a dilThrcnt See Vol. IV, of this series, p. 152 Page 215 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 215 character to what I prescribe to be delivered on the permit of General Burnside without first reporting to me. It is expected that the regula- tions in regard to visitors will be closely adhered to. You will regard no permit not granted by the authority of the War Department or this office, except granted by General l}nrnside. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry an(i Commissary- General of Prisoners. WASHINGTON, D. C., August 19, 1863. General Monnis, Commanding at Baltimore: The order releasing Mr. Glenn was designed to be absolute. EDWIN M. STANTON, Seeretctry o War. FORT DELAWARE, DEL., August 19, 1863. Hon. EDWIN M. STANTON, Secretary of War: SIR: In compliance with orders of the 17th instant I have the honor to inclose a report from Asst. Surg. H. H. Silliinan, U. S. Army; also one from the surgeons of the rebel army attending voluntarily to their sick at this post.* From my own observation I consider the prisoners of war at this post in as good condition as it would be possible to keep them at any other place. The mortality is less at the present time, considering the number of prisoners (about 10,000), than in any city of the same population, taking the fact into consideration that the months of ~Jnly and August are most fatal to exhausted men as from Vicksbnrg. was the case especially with those In regard to water, I would state that the steam water-tank employed here is supplying a sufficient quantity of good, fresh water from a creek in the neighborhood noted for its pure water. This water is pumped by a steam pump into tanks in close proximity to the barracks, and is used for cooking and drinking by the soldiers of the garrison as well as the prisoners. The rations are the same as those furnished our own men. Fresh beef is issued four tiwes per week, and fresh vegetables are given them when they can be obtained. - I have the honor to be, very respectfully, your obedient servant, A. SCIIOEPF, Brigadier- General, Commanding Post. [Inclosiire.] FORT DELAWARE, August 19, 1863. Having been prisoners at this fort nearly one month, and being in at tendance upon the sick Confederate prisoners every morning, thereby enabled to judge upon their situation, we, the u ndcrsignecl, surgeons of the C. S. Army, would respectfully ask to make the following state- ment in regard to the health of the prison of this place: On careful examination of official lists of deaths we find from July 1,1863, to August 19, 1863, 180 deaths, making an average of less Only one inclosure found Page 216 2W PRISONERS OF WAR AND STATE, ETC. than four per day, which, taking into consideration the large amount of prisoners confined here, there being nearly 10,000, is exceedingly small. In justice to the officer commanding this post we would beg leave to state that everything in his power to add to the comfort of these pris- oners is being done. The sick are cared for as well as possible an(l new hospitals Fare being] built for the accommodation of more. They are not compelled to drink water from the ditches, as reported; but water sufficient to supply the island is brought here by the boat twice daily from a distance, besides the supply of rain water constantly on hand. The barracks are being kept as comfortable as can be expected under the circumstances. It. iR. GOODE, & ~rgeon and Medical Director. E. HOLT JONES, Medical inspector. THOS. W. FOSTER, & rgcon. W. W. CLEAVES, surgeon. JUDGE-ADVOCATE-GENERALS OFFICE, Washington, August 19, 1863. His Excellency the PRESIDENT: I have the honor to transmit herewith the record * in the case of Dr. D. M. Wright, tried in Norfolk in July last for the murder of Second Lient. A. L. Sauborn, First U. S. Colored Volunteer~. Doctor Wright was tried by a military commission convened by Major-General Dix, and of which Brig. Gen. It. S. Foster was president, and was convicted and sentenced to be hung at such time and place as might be appointed by the major-general commanding the department or by the President. The proceedings of the commission were regular and the findings and sentence were in conformity with the facts in the case as proved on the trial. The testimony is brief and direct, and in substance as follows: The deceased was marching his company of colored troops along the sidewalk of the main street of Norfolk. As they approached, the accused, who was standing in front of a store, is stated by one of the witnesses to have addressed a remark to the deceased in which the word cowardly was audible. Other witnesses heard this word, but could not swear that it was spoken by the accused. The deceased is testified to have thereupon halted his company and sent off two of his. meim in the direction of the provost-marshal for a piovost guard. The accused and the deceased then exchanged a few words, which were inaudible to any witness, whereupon the former produced a pistol and fired one shot at the deceased, closely following it with a second. The two then engaged in a brief struggle, apparently for the possession of the pistol, and were borne into the store, where the deceased presently fell and died from the effect of his wounds. No provocation for the act of the accused is shown in the testimony, unless it bo found in the sup- position that the deceased designed and was about to effect the arrest of the accused, or merely in the fact of the appearance of the colored U. S. treops in the public streets of Norfolk. Upon the trial the accused was well provided with counsel, but no defense was in terms set up to the crime as proved. That a defense was intended to be * Not found Page 217 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 217 made, or was believed to exist, may possibly be inferred from the fact that the counsel attempted to introduce certain evidence which may have had a bearing upon the sanity of the accused at the time of the commission of the offense. Upon the examination of the provost- marshal of Norfolk it was asked by the counsel of the accused, as fol- lows: Please describe the conduct and manner of the accused on the occasion of his examination before you in the evening of the day of the murder. This question was ol~jected to by the judge-advocate and ruled out by the court, who decided to admit no evidence as to the con- duct of the accused after the crime had been committed and the accused arrested and carried before the J)rovost-marshal. After this ruling no other testimony whatever was attempted to be introduced on the part of the accused, and no other suggestion of a defense appears through- out the record. It is undoubtedly the law that where the specific defense of insanity is set up it is competent to introduce testimony as to the condition of the prisoners mind after as well as before the offense was committed, in order to ascertain the state of his mind at the time of its commission (Bishop on Criminal Law, section 293; Grant versus Thompson, 4 Con- necticut, 203; Kinne versus Kinne, 9 Connecticut, 102). In the present case, therefore, if the counsel had sought to introduce the testimony in question as evidence of insanity the court would have erred in rejecting it. But the purpose of the proposed testimony is in fact nowhere explained and is left quite obscure upon the record. It is nowhere indicated that a defense of insanity was intended to be presented, and in the absence of such in(Iication it is impossible to determine whether the offer of the accused was a bona fide attempt to enter npon a sub- stantial defense or an attempt to im~)roperly influence the judgment of the court by bringing incompetent testimony into the recordtesti- mony, for instance, of the declarations or statements of the accused made subsequent to the crime and in explanation of it, which have invariably been held inadmissible and not as part of the legitimate yes yestw. Further, it is to be remarked that the tenor of the address to the court, offered by the accused at the close of the proceedings, directly repels the idea that a defense on the ground of insanity was seriously proposed. The address commenced with this language: Although I do not intend to make a formal address, I can yet see how the evidence could be so explained as to show a case of self defense, instead of what now seems the act of a madmam He then goes on to say, after a review of the testimony: Upon the evidence now in, the act proved looks like the act of a madman. Here is an m~ct see~iingly without motive. The most malignant secessionist, unless insane, would not commit an act so seemingly without a motive. lie then proceeds to intimate what his motive really was, and finds it in his determination not to be arrested and marched off under a guard of negroesan indignity which he represents as having becim threatened by the deceased (in the conversatiomi which was inaudible to the witnesses), and which, he asserts, he would not submit to. He further alleges a provocation for his act in the presence of the colored troops, whom he deems to have been brought into Norfolk to provoke and insult the inhabitants. in connection with this plea of self defense he also claims that the evidence shows not an intent to kill but merely to wound the deceased. it is also to be noticed that nowhere in his address does he make any allusion to the offer of his counsel to prove his conduct and manner, or to the ruling of the court upon the question proposed to b Page 218 218 PRISONERS OF WAR AND STATE, ETC. asked by them. It will be seen, thererore, by this examination of his address that the accused himself not only disclaims the plea of insanity as an answer to his crime, but actually sets up another, that of self- defense. It only remains to add, in this connection, that the style of the ad(lress, its careful review of the testimony, and its ingenious exhibi- tion of motive go far to repel the supposition that the accused was wanting in mental capacity. No insane person at a period subse- quent to his crime could so recall the details of the occurrence or dilate so intelligently upon the motives of his actions. If th~ Presi- dent shall be of the opinion that the court did not err in rejecting the testimony above alluded to, offered as it was without any indication of its purpose, and apparently justified, as its exclusion was, by the declaration of the accused himself in his address and by his own treat- ment of his case and his defense, it then only remains for His Excel- lency to pass upon the sentence in view of the simple testimony in relation to the crime. The crime then stands in the record as a homi. cide committed without just cause or provocation, as an undefended assas- sination, and therefore fully meriting the sentence imposed by the court. Respectfully submitted. J. HOLT, Judge-Advocate- General. OFFICE COMMISSARY-GENERAL OF PRISONERS, IVashington, 1). C., August 19, 1863. Snrg. J. SniONS, De Camp General Hospital, Davids island, N. Y. Harbor: SIR: In my letters of the 25th and 29th ultimo I instructed you as to the amount of clothing to be issued to rebel prisoners of war in your charge, and the quality was fixed with a view not only to save expense to the Government but also that these prisoners might not be returned to the rebel army in better condition for service than when they were captured. By a notice in the New York Herald of yesterday it appears that the Rev. Mr. Goss is acting in concert with the authorities in pro curing such necessary articles as the Government refuses to furnish. Please inform me if there is any authority for this notice, and what articles are to be furnished through the agency of Mr. Goss. No contributions of clothing for prisoners of war will be received other than the prescribed articles, except by authority from this office, and such clothing will be issued with the limitations given in my letters above referred to. When there is cause for deviatingA~rom the instruc- tions please report the facts. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. SPECIAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 197. 5 Richmond, August 19, 1863. * * * * * * * VIII. The troops paroled at Vicksbnrg and Port Hudson and sub. sequently furloughed will at the expiration of furlough be assembled as follows: Those from Tennessee will be assembled at Chattanooga, Teun., under the direction of General Bragg, with the exception o Page 219 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 219 Vaughns brigade, which has already been (lirecte(l to assemble in East Tennessee at such point as Major-General Buckner shall direct; those from Georgia will be assembled at Atlanta, Ga., under the supervision of Brigadier-General Cumming; those from Alabama will be assembled at Dernopolis, Ala., under the supervision of Brig. Gen. W. M. Gardner, and those from Mississippi and Louisiana will be assembled under the supervision of Lieutenant-General ilardee at Morton, Miss., or at such other place as Lieutenant-General Hardee shall direct. The troops thus ordered to assemble will be formed and organized, as far as practicable, into their former regiments and battalions and will be reported without delay to this office. * * * * * * * By command of the Secretary of War: JXO. WITHERS, Assistant Adjutant- aeneral. HEADQUARTERS DEPARTMENT OF THE EAST New York City, August 20, 186w. Hon. E. M. STANTON, Secretary of War: SIR: I have the honor to inclose to you a copy of letter* to Mr. Ould in reply to one from him expressing an intention to declare exchanged Lieutenant-General Pemberton and certain other general officers cap- tured at Vicksburg, and writing me to take their equivalents in our officers captured and paroled at Chancellorsville. This inadmissible proposition is another evidence of the desperate condition of the rebels and their pressing need of general officers. This letter was forwarded by me to Mr. Ould before I received notice of my being relieved, and I send it to you to show the exact position of Pemberton and the other rebel officers interested. General Meredith has been furnished with a copy to enter upon the agency letter book. I am satisfied, as I have been from the first, that Sawyer and Fliun will not be executed. This was settled by the prompt and significant selections of Lee and Winder. I am, very respectfully, your obedient servant, WM. H. LUDLOW. RICHMOND, August 20, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: On the 7th of July last Lieutenant-Colonel Ludlow addressed me a communication in relation to certain alleged outrages allowed by General Bragg to be perpetrated upon Federal soldiers. On the 13th of the same month I replied informing the agent of exchange that the paper had been appropriately referred. I now send to you a copy of General Braggs reply,t which I hope is satisfactory. If not, he very clearly points out how any further or fuller information may be obtained. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. tNot found. See Ludlow to Onid, July 22, p. 136 Page 220 220 PRISONERS OF WAR AND STATE, ETC. ThornuoND, August 20, 1863. Brig. Gen. S. A. MEIIEPITH, Agent of Exchange: Sin: Your communication of the 14th instant respecting Mr. Daniel Gerhart has been received. You say he was taken prisoner at Win- chester while attending a son dangerously ill and inquire whether any- thing can be done to expedite his release. Undoubtedly something can be (lone. Release our non-combatants whom you have in prison and Mr. 0-erhart is instantly free. I hope there is enough strength in Mr. Gerharts case, he being a wealthy citizen of Ohio, to accomplish what justice and mercy have asked in vain for more than a year. Respectfully, your obedient servant, 140. OULD, Agent of Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, August 20, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: Sin: The request of Mrs. C. Wilson cannot be granted. The courier who brought your letter asking that the lady should be allowed to have an interview with a traitor and a spy also brought the refusal of your authorities to permit the bereaved widow of a gallant officer to visit the North for the purpose of recovering his remains. How can you ask the one and deny the other~ I assure you again that there is no fair and reciprocal rule which may be proposed for mitigating the horrors of this war or for alleviating the distresses that grow out of it that will not be cheerfully adopted by the Confederate authorities. Such regulations, however, must be recip- rocal. I beg leave, therefore, respectfully, in the beginning to state what may save us some correspondence: It is utterly useless for you to make a request as to any matters which you are not willing to grant in similar circumstances. Respectiully, your obedient servant, RO. OULD, Agent of Exchange. RICHMOND, August 20, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: I inclose to you a statement* made by a trntl~ul and honorable gentleman, whose name, for reasons which will suggest themselves to you, I withhold. It contains a narrative of such brutality that I am forced to bring it to your attention in order that due inquiry may be made, and those who have so outraged humanity, even where it pre- sents itself in the form of an enemy, may be brought to justice. This is no statement of deeds done in the wildwoods, away from civili- zation, but a carefully detailed narrative of the horrible practices per- petrated upon the persons of our poor soldiers in the neighborhood of your capital and at your known camps and })laces of confinement. I am sure if any statement of similar atrocities, coming from anything like so respectable a source, were made to inc I would use every effort to bring it to the test of truth. In the name, therefore, of a common Not found Page 221 CORRESPONDENCE, ETC.UNION AND CONFEDERATE 221 humanity, I appeal to you to look into this matter and inform me what are the flicts in the case and what your authorities propose to (10. Respectfully, your obedient servant, 110. OULI), Agent oJ Exchange. HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, August 21, 1868. Col. WILLIAM HOFFMAN, Gonunissary- General of Prisoners, Washington, D. C.: COLONEL: A few days ago I learned that Colonel Kiimcaid, who suc- ceeded Major Hendrickson in command of time Alton prison, was releas- 11mg considerable numbers of prisoners of war on their taking the oath and giving bond. I at once telegraphed him to stop it and to report by what authority it was done. I inclose for your information a copy of his reply received yesterday. No authority for this action of Major Hendrickson can be found among the papers left at the prison nor at these headquarters. I have sent an officer to make a thorough inspec- tion of the Alton prison and will send you a copy of his rel)ort when made. I think it important that a competent and reliable officer be assigned as permanent commander of that prison as soon as prac- ticable. I am, colonel, very respectfully, your obedient servant, J. M. SCHOFIELD, JIbJor- General. [Inciosure.] MILITARY PRISON, Alton, Ill., August 19, 1868. Major-General SCHOFIELD, Commanding Department of the ]lliissouri: GENERAL: In answer to your telegram of the 15th instant, inquiring by what authority I was discharging prisoners of war, I have to reply that I was governed wholly by the instructions of my predecessor (Major Hendrickson). He informed inc that there was an order to that effect, and he also turned over to me a large number of blanks l)repared, all(l also a list of over 100 names of persons who had applied to take the oath. He also advised me to receive no more applications until Ii had disposed of the list referred to. I find also by the books and papers in this office that my predecessor had discharged in the month of May last sixty persons on oath. In the month of June sixty-two were discharged. In the month of July 120, and from the 1st to the 9th of August fifteen were discharged. From the 9th to the 15th, the day I received your telegram, I had discharged about thirty-five per sons, some of which were by order of the Secretary of War. Supposing that Major Hendrickson was acting agreeably to orders and seeing no orders to the contrary, I, in accordance with Major Hendricksons instructions, proceeded to discharge those and those only who in my npinion were sincere in taking the oath. I am, general, very respectfully, your obedient servant, G. W. KINCAIL), Commanding Military Prison, Alton, Ill. Alexander McDonald forwards by request a statement of the time and mode of capture of the members of the Sanitary Commission Page 222 222 PRISONERS OF WAR AND STATE, ETC. [Indorsement.] AUGUST 21, 1863. ~Respectful1y referred to Brigadier-General Winder. It does not appear from the within statement that these parties had been or were rendering any service to our sick and wounded. If that fact could be shown it might alter their case. Cannot a fuller statement be obtained l What have the other parties to say~ The writer seems to be nwue anxious about property than anything else. IRO. (JULD, Agent of Exchange. HEADQUARTERS DISTRiCT OF ARKANSAS, Little Rock, August 21, 1863. Brigadier-General SALOMON, Commanding U. S. Forces, Helena: GENERAL: I have the honor to acknowledge the receipt of your com- munication of August 6, instant, in reply to mine of July 31, and to say that, relying upon the faith of your statement that you will act in the matter of the exchange of prisoners as soon as instructioiis can be obtained from the proper authorities, I have ordered all the Federal prisoners at this post, both officers and men (except a few who are too ill to be moved), to be paroled preparatory to being sent within the lines of the armies of the United States by a boat which leaves this city to-morrow morning for the specific purpose of transporting them to the month of the Arkansas River, or to such other point of delivery as may be found more convenient. The accompanying list~ will show the number of officers and men to be delivered up within your lines 5 officers and 154 men. I am, general, very respectfully, your obedient servant, STERLING PRICE, Major- General, Commanding District of Arkansas. [First inclorsement.] HEADQUARTERS DISTRICT OF EASTERN ARKANSAS, Helena, Ark., August 26, 1863. Respectfully referred to Major-General llnrlbu t, commanding Six- teenth Army Corps. The letter of General Price, C. S. Army, referred to within, also Gen- eral Salomons answer and an application for instructions, have been forwarded to your headquarters, on August 7, and n6 answer received. The prisoners (list of whom is hereby inclosed) are forwarded with this boat for proper disposition. M. MONTGOMERY, Col. 25th Wisconsin Infty., Comdg. Dist. of Eastern Arkansas. [Second indorsement.] HEADQUARTERS SIXTEENTH ARMY CORPS, Memphis, Tenn., September 9, 1863. Respectfully forwarded to Col. William Hoffman, Commissary-Gen- eral of Prisoners. The letters referred to were not received at these headquarters, but it is evident an agreement was made which it is recommended be ~Omitted Page 223 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 223 carried out by the speedy exchange of an equal number of rebel prison- ers. The men herein named have been forwarded to Saint Louis, Mo., and rolls promptly transmitted. S. A. HUItLBUT, Major- General. [Third indorsernent.] OFFICE COMMISSARY-GENERAL OF PRI SONERS, Norember 27, 1RGS. Respectfully referred to Brig. Gen. S. A. Meredith, commissioner for exchange of prisoners, Fort Monroe, Va. W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. DE CAMP GENERAL HOSPITAL, Davids Island AT j~ H Col. W. HOFFMAN, , . . a~-bor, August 22, 1863. Commissary- General of Prisoners, Washington, D. C.: COLONEL: I have the honor to acknowledge the receipt of your letter of the 19th instant in regard to clothing issued to wounded prisoners of war, and also inquiring if there is any anthority for a notice in the New York Herald signed by the Rev. Mr. Goss. I have issued, as directed by you, underclothing, pants and shoes to about 800 men, who are in tents and who are marched to the mess-sheds for meals. No coats, hats, or stockings have been issued to these men. To those in the pavilions I have issued nothing as yet. In regard to the notice in the New York Herald signed by Mr. Goss I know nothing. That gen- tleman visited the islan(I and called on me to ascertaimi what articles of clothing the Government furnished. I do not know if he was actuated by charitable motives or a desire for notoriety. I have received noth- ing from or heard of him since his visit. Some charitable gentlemen have sent here several hundred hats, shoes, and a few coarse overshirts. A part of these were issued to the prisoners by the Rev. Mr. Dillon, but upon receiving the orders of General Canby I directed the issue of these articles to be discontinued. I regret that the issne of these articles has caused the most extrava- gant reports to be made by mischievous, untruthful, and designing parties. Your orders shall be carried out to the best of my ability as long as I remain in charge of this hospital. I would mention here that the clothing and hats of the wounded prisoners were saturated with blood and filled with maggots and vermin, and though an attempt was made to preserve the clothing I was compelled to have the greater portion of it burned. If it is your desire that the hats and shoes sent here by charitable persons should be distributed please inform me. I think the hats would add to the health of the prisoners, and the shoes might save those issued by Goverriniment. I am, colonel, very respectfully, your obedient servant, J. SIMONS, Surgeon, U~ S. Army. HEADQUARTERS DISTRICT OF WESTERN LOUISIANA, August 23, 1863. Maj. Gen. N. P. BANKS, 6~ommanding U. S. Forces in Louisiana: GENERAL: I have received your communication of the 17th instant notifying me that you have directed the immediate return to duty of al Page 224 221 PRISONEUS OF WAR AND STATE, ETC. prisoners paroled by me during my recent occupation of the La Fourche country. You state generally that the paroles were in violation of the cartel of exchange. In the absence of any more specific statement from you I am at a loss to imagine in what particular the cartel of exchange has been vio- lated by restoring these prisoners to their liberty upon the usual obli- gation not to bear arms against the Confederate States until regularly exchanged, after a careful observance of the forms requisite to give efficacy to the parole and in accordance with the practice repeatedly sanctioned and acted upon by both belligerents iii this department. If under such circumstances your Government thinks proper to disapprove of the engagement thus solemnly made by these men, the common law and usages of war, as recognized by the Government of the United States in the rules in regard to paroles published by authority of its War Department, require their return and surrender as prisoners of war. I shall expect, then, the return to me of all the captured men whose engagement has been disowned by the United States Government. Should this not be done, and the order you announce to me be persisted in, 1 have the honor to inform you that all the prisoners taken and paroled at Vicksburg and Port Hudson and now within the limits of my military district will be released from their paroles and ordered to duty. Respectfully, your obedient servant, R. TAYLOR, ill ajor- General. GAINESViLLE, ALA., August 21. 1863 JAMES A. SEPPON: Paroled prisoners are determined to believe they cannot be held to service until exchanged. Many prominent persons of the country encourage them. Unless there is prospect of immediate exchange I recommend that each regiment be ordered to rendezvous at given l)oints in its own State, and a brigade camp should also be established in the State where the command may be ordered armed and disci- plined. General Stevenson asks authority to reorganize his brigades in West Georgia and East A1 bama. The men are coming in, but will not stay in paroled camp at Demopolis. Has Reynolds brigade been ordered to rendezvous in Tennessee? Please answer immediately. Will forward my report of Ymcksbnrg to-morrow. J. C. PEM~ERTON, Lieutenant- General. hEADQUARTERS CAVALRY I3RL~ADE, ()koloua, Miss., August 24, 1863. Col. BENJAMIN S. EWELL, Assistant A~jutaat-General: COLONEL: I have the honor to report that I was lately detached from my command to operate along the line of Memphis and Charles- ton Railroad. I proceeded to the scene of my operations, and learning that there was a Yankee forage train near Alexander bridge, on the Pocahontas and Ripley road, I made the necessary arrangements and attacked it. In this fight two men, Private John Carraway, Captain Whites company, C. S. Army, Private Moses Crisp, my company, State troops, were captured by time enemy, taken to time bridge referre Page 225 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 225 to, and deliberately shot. I call the attention of the general corn mand- ing to this murder, to the end that steps may be taken to prevent its recurrence and retaliate upon the enemy if necessary. I have the honor, colonel, to be, very respectfully, your obedient servant, SOL. G. SThEET., Capt. Gompany A, Lowrys Reyt. AS~tate Troops, #S~eeond Mississippi. [First indorsemont.] HEADQUARTERS CAVALRY BRIAI~ADE, Okolona, August 24, 1863. Respectfully forwarded and attention particularly called to the case presented. S. W. FERGUSON, Brigadier- General, Commanding. [Second indorsement.] HEADQUARTERS FIRST DISTRICT, DEPT. OF MISSISSIPPI AND EAST LOUISIANA, Columbus, Miss., August 26, 1863. The atrocious murder committed by the enemy on the two volunteers, John Carraway and Moses Crisp, in an organized company of State troops in the defense of the soil of their State against the invader, apparently demands prompt and vigorous measures of retaliation. I respectfully suggest that the enemy whenever and wherever captured while engaged in acts of robbery and incendiarism, or belonging to bodies committing those criminal acts in violation of the usages of war, be tried on the spot by a drumhead court-martial, and when pro- nounced guilty then and there executed and the record forwarded, duly signed by every officer on the court-martial. The company of State troops have received orders from time to time from Confederate commanders and co-operated with Confederate troops in the defense of the border. The two Federal prisoners, W. P. Monterey and W. H. Beasley, have been retained in prison as proper subjects for measures of retaliation. On so grave a question, so comprehensive in its bear- ing, I have deemed it expedient to await specific instructions from department headquarters. DANIEL ItUGGLES, Brigadier- General, Commanding District. HEADQUARTERS DEPARTMENT OF YIR~INIA, Fortress Monroe, August 25, 1863. Maj. Gen. E. A. HITCHCOCK, Commissioner for Exchange of Prisoners, Washington City, D. C.: GENERAL: I have just returned from a meeting with the rebel agent of exchange at City Point, and I have the honor to report to you that, in reply to his letter to me, dated August 5, 1863, wherein he claims that the prisoners captured and paroled by the rebel forces in Mary- land and elsewhere prior to the 3d of July should either be regarded as legally paroled or returned as prisoners of war, I made the following proposition, as directed in the letter of the General-in-Chief to you of August 12, 1863: CITY POINT, VA., August 24, 1863. I propose, on behalf of the Government of the United States, that all paroles given by officers and men between the 23d day of May, 1863, and the 3d day of July, 15 R RSERIES II, VOL V Page 226 226 PRISONERS OF WAR AND STATE, ETC. 1863, not in conformity with the stipulations of the cartel, shall be regarded as null and void, a declaration to this effect to be published to both armies. S. A. MEREDITH, Brigadier-General and Commissioner for Exchange. This was declined, and the following was offered by Mr. Ould: CITY Poinx, YA., August 24, 1863. I propose that all paroles on both sides heretofore given shall be determined by the general orders issued by the War Department of the United States, to wit, No. 49, No. 100, and No. 207 of this year, according to their respective dates, and in conformity with paragraph 131 of General Orders, No. 100, so long as said paragraph was in force. If this proposition is not acceptable I propose that the practice here- tofore adopted respecting paroles and exchanges be continued. In other words, I propose that the whole question of paroles be determined by the general orders of the United States, according to their dates, or that it be decided by former practice. HO. OULD, Agent of Exchange. In reply to my demand for the release of Colonel Streight and his command I was informed that they were in Richmond held as other prisoners of war, and will be exchanged when exchanges of officers are resumed. In relation to Doctor Hucker, Mr. Ould referred me to his letter of August 16, which I have the honor to forward herewith.* To my demand that all officers commanding negro troops, and negro troops themselves, should be treated as other prisoners of wai, and be exchanged as such, Mr. Ould declined acceding, remarking that they (the rebels) would die in the last ditch before giving up the right to send slaves back to slavery as property recaptured, but that they were willing to make exceptions in the case of free blacks. He could not exactly tell me how his authorities intended to distin- guish between the two (free and slave), but presumed that evidence as to the fact of freedom would be taken into consideration. As their laws pat slave and free upon the same footing no comment is necessary. An informal proposition was made to the following effect: To exchange officer for officer of the same grade, except such as are in command of negro troops; which was declined. Mr. Ould expresses a willingness to release all chaplains, provided that one Septimus Cameron, who, he stated, had been in prison for a year, should be released, or indicted for any offense he may have com- mitted. On my inquiring about and urging the release of the mem- bers of the Sanitary Commission, I was inforn~ed that they would be set free on making a statement in writing that they had at any time been of assistance to rebel soldiers. General Neal Dow has been handed over to the Governor of Alabama. Lieutenant-Colonel Powell is in Libby Prison, Richmond. I have notified the rebel authorities in rela- tion to the two above-named officers, as directed in yours of the 18th ultimo [instanti. The rebel authorities wish to continue exchanging non-commissioned officers and privates as usual, returning as many as we send. I have given you, I believe, the substance of all that took place, according to your suggestion. I avoided much discussion. No agree- ment as to exchanges was arrived at. I am, general, very respectfully, your obedient servant, S. A. MEREDITH, Brigadier-General and Commissioner for Exchange. ~Seep. 208 Page 227 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 227 HEADQUARTERS DEPARTMENT OF VIRGINIA, Fortress Monroe, August 26, 1863. Hon. ROBERT OULD, Agent of Exchange, Richmond, Va.: SIR: Your communicatiou of the 20th instant, in answer to mine of the 19th in relation to Mr. Daniel Gerhart, is received. No case is known of the detention in the North of a non-combatant which assim- ilates to that of Mr. Gerhart in the South. In all cases of the arrest of non-combatants it has been upon some special causes making it neces- sary and proper. If there was a disposition North to arrest citizens of the South, merely as such, the positions of the U. S. forces would show every one that such arrests could be made almost without limit. If you will state a case parallel to that of Mr. Gerhart, I will refer it at once to the proper authority, and it will no doubt be considered with every disposition to afford relief. Respectfully, your obedient servant, S. A. MEREDITH, Brigadier- General and Agent of Exchange. QUARTERMASTER-GENERALS OFFICE, Washington, August 26, 1863. Hon. E. M. STANTON, AS~ecretary of War: SIR: I have examined the plan and estimate submitted to you by His Excellency the Governor of Ohio for the removal of Camp Chase and the erection of a new camp and depot for prisoners of war. I think the estimate less thaii the probable cost, and the plan or map received with the papers does not designate the location or give information needed for a proper decision. From information received verbally I am of opinion that the question of removing Camp Chase to a new location deserves careful consider- ation, and I recommend that the Commissary-General of Prisoners be instructed to visit the camp, examine the neighborhood, and confer with the Governor, and report fully upon the subject, with l)lans and esti- mates. If this be approved, I propose to send with him an experienced builder to assist in preparing plans and estimates. The papers are respectfully returned. I am, very respectfully, your obedient servant, M. C. MEIGS, Quartermaster- General. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. (1., August 26, 1863. Hon. E. M. STANTON, & cretary of War, Washington, D. C.: SIR: I have the honor to submit for your consideration the inclosed letter* from Major-General Rosecrans, commanding Department of the Cumberland, reporting the course he has deemed it best to pursue to- ward deserters from the rebel army, and also a lettert from Lient. Col. J. F. Roy, provost-marshal of Department of West Virginia, reporting the disposition made of rebel deserters in that department by order of General Kelley, commanding. See Rosecrans to Hoffman, Auguat 16, p. 207. tNot found Page 228 228 PRISONERS OF WAR AND STATE, ETC. I would respectfully request that a uniform system be prescribed by the War Department for the treatment of deserters. Jn the West and Southwest, where their numbers are very large, it would be attended with much inconvenience and expense to hold them as prisoners of war until an inquiry could be made in each case and a report sub- mitted before ordering a discharge, and to parole them places them in a very doubtful position, iu which they certainly are not for us and may be against us. rfhey have decided advantage over their loyal neighbors, inasmuch as they take no part in support of the Union and are not called upon to risk their lives in defense of their own homes. It would seem, therefore, advisable that under the special instruc- tions of department commanders, based on detailed reports, deserters from the rebel army should be required to take the oath of allegiance and with it all the responsibilities of a loyal citizen. The military history of each casethat is, his rank, regiment, company, and the circumstances of his desertion, with his descriptive listshould be sub- mitted by the department commander for the information of the War Department through the Commissary-General of Prisoners. Where a number are discharged at the same time a list in alphabetical order should be furnished. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry c(nd Commissary- General of Prisoners. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., August 2G, 1863. Surg. CHARLES H. CRANE, U. S. Army, Washington, D. C.: SIR: You will proceed without delay to make an inspection of the hospitals at Davids Island, N. Y., Chester, Pa., Fort Delaware, Gettys- burg, Pa., and the West Hospital, Baltimore, all occupied by rebel prisoners of war. Besides examining into the present condition of the sick and wounded you will please inquire how far the regulations for the government of officers in charge of prisoners of war are carried out. It is expected that the regulations, a copy of which are inclosed herewith, will be closely adhered to, and you will call the particular attention of medical officers in charge of hospitals to them. On com- pleting this service you will present a written report of the result of your inspection at this office. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. HEADQUARTERS CAvALRY BRIGADE, Okolona, August 26, 1863. Capt. L. D. SANDIDGE, Acting Assistant Adjutant- General: CAPTAIN: I telegraphed the brigadier-general commanding, request- ing the detention of two Federal prisoners I had forwarded, for this reason: Captain Street, of the State troops, reported to me the barba- rous murder a few days since of two soldiers under his command cap- tured in a fight by the enemy, and by them tied to trees near the spot where captured and shot to death. He addressed a communication on the subject direct to General Johnston, which I forwarded for him Page 229 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 229 and I thought it advisable to have the two raiders recently captured by my men held until the action of General Johnston COnl(1 be known. I forward to-day a Yankee officer who escaped from his cal)tors, some of General Chalmers men, I believe, and was recaptured by some of Colonel Inges men. Very respectfully, your obedient servant, S. W. FERGUSON, Brigadier- General. SPECIAL ORDERS, ~ HEADQUARTERS, No. 168. ~ Morton, Miss., August 26, 1863. * * * * * * * II. Brigadier-General Harris will have the State troops captured at Yicksburg forthwith assembled at Columbus, Miss., to be there paid to the time of their paroles and mustered out of service. * * * * * * * By command of General Johnston: BENJ. S. EWELL, Assistant Adjutant- General. WAR DEPARTMENT, Washington, August 27, 1863. Maj. Gen. E. A. HITCHCOCK, Commissioner for Exchange, & e.: GENERAL: Information having reached this Department that Brig. Gen. Neal Dow, an officer in the service of the United States, who was captured by the enemy in the Department of the Gult has been turned over to the authorities of the State of Alabama, and is now held by them in violation of the cartel and the nsages of war, it is ordered that you select from the rebel prisoners held by the United States an officer of the same rank, and put him in close custody to be held as a hostage for the proper treatment and release of Brig. Gen. iNeal Dow, and that you communicate a copy of this order to the rebel authorities. Very respectfully, your obedient servant, EDWIN M. STANTON, & cretary of War. HEADQUARTERS OF THE ARMY, Washington, August ~7, 1863. Major-General HITCHCOCK, Present: GENERAL: The Secretary of War directs that General John H. Mor- gan be held in close confinement for the release of General Neal Dow, and Mr. Ould be notified of this selection. Yours, & c., H. W. HALLECK, General-in- Chief. [Indorsement.] WASHINGTON, August 27, 1863. Referred to Colonel Hoffman, Commissary-General of Prisoners, with instructions to give the necessary orders to carry out the within order, in conformity with that of the Secretary of War of this date. E. A. HITCHCOCK, Maj. Gen. of Yois. and Commissioner for Exchange of Prisoners Page 230 230 PRISONERS OF WAR AND STATE, ETC. WASHINGTON, D. C., August 27, 1863. Maj. Gen. H. W. HALLECK, General-in-Chief, dxx: SIR: The proposal of the 12th instant, on the subject of paroles, directed by you with the approval of the Honorable Secretary of War, was presented to Mr. Robert Ould by General Meredith on the 24th instant, and was declined; and Mr. Ould submits the following pro- posal: that All paroles on both sides heretofore given shall be determined by the general orders issned by tbe War Department of the United States, to wit: No. 49, No. 100, and No 207 of this year, according to their respective dates, and in conformity with paragraph 131 of General Orders, No. 100, 50 long as said paragraph was in force. If this proposition is not accepted I propose that the practice heretofore adopted respecting paroles and exchanges be continued. In other words, I propose that the whole question of paroles be determined by the general orders of the United States, according to their dates, or that it he decided by former practice. This proposal bears date the 24th of August, at City Point. The questions connected with this matter are respectfully submitted. 1 have the honor to be, respectfully, your obedient servant, E. A. HITCHCOCK, 4faj. Gen. of Vats. and Commissioner for Exchange of Prisoners. WASHrNGTON, D. C., August 27, 1863. Maj. Gen. H. W. HALLECK, General-in-Chief, & c.: SIR: The following passage occurs in a communication of the 25th instant from General Meredith, reporting the results of his recent interview with Mr. Robert Ould, at City Point, to wit :* Communicated for the information of the General-in-Chief. Very respectfully, your obedient servant, B. A. HITCHCOCK, Miaj. Gen. of Vols. and Commissioner for Exchange of Prisoners. WASHINGTON, D. C., August 27, 1863. Maj. Gen. H. W. JIALLECK, General-in- Chief: SIR: General Meredith reports by letter of the 25th instant that in his late interview with Mr. Ould the latter proposed to exchange officer for officer of the same grade, except such as are in command of negro troops, which General Meredith (very properly) declined. Communicated for the information of the Gener~l-in-Chiet. Very respectfully, your obedient servant, B. A. HITCHCOCK, ]Iliaj. Gen. of Vols. and Commissioner for Exchange of Prisoners. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., August 27, 1863. Brig. Gen. J. N. SCHOFIELD, Commanding Department of the Missouri, Saint Louis, Mo.: GENERAL: I have the honor to acknowledge the receipt of your letter of the 21st instant relative to the discharge of prisoners of war at the * See Meredith to Hitchcock, August 25, paragraph beginning To my demand, and ending no comment is necessary, p. 226 Page 231 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 231 Alton prison.. On examining the records of this office I find that instructions were given in February last to release prisoners of war on their taking the oath of allegiance in good faith. These instructions were countermanded in May, but I do not find anything to show that the countermanding order was sent to your headquarters or to Alton, and it is probable that through an oversight it was never forwarded. This will account for the action of Major Hendrickson in this matter. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. DETROIT, MICH., August 27, 1863. General JAMES B. FRY: C. L. Yallandigham is at Windsor, opposite this place. There is an impression that he intends crossing into Michigan. If so shall he be arrested and whether by provost-marshal or military commander; and if arrested where shall he be sentl Give instructions if he should go to Cleveland, Ohio. Please answer at once. B. H. HILL, Lieut. Col. Fifth Artillery, Aetg. Asst. Provost-Marshal- General. PROYOST.MARSHAL-GENERALS OFFICE, Washington, D. C., August 27, 1863. Col. B. H. HILL, , iIIich.: Get all the information you can about Vallandighams movements and commnnicate it to General Buruside. JAMES B. FRY, Provost-Marshal- General. HEADQUARTERS, Cincinnati, August 27, 1863. Brig. Gen. L. THOMAs: The following has just been received: DETROIT, Aug~~st 27, 1863. Major-General BURNSIDE, Commanding Department of the Ohio: C. L. Vallandigham is at Windsor, opposite this place. The impression is that he will cross into Michigan. If so, shall he be arrested and where sent? J. R.~SMITH, Military Commander. In the absence of General Burnside and not being able to communi- cate to him by telegraph I have ordered that if Yallandigham crosses the river he be arrested and at once sent under a strong guard to Fort Warren. W. P. ANDERSON, Assistant Adjutant- General. iNDIANAPOLIS, August 27, 1863. Col. J. R. SMITH, Detroit: C. L. Yallandigham must not be allowed to cross into Michigan. Should he offer to cross, notify him that it will be your duty to arres Page 232 232 PRISONERS OF WAR AND STATE, ETC. him if he crosses. Let him be arrested and sent by steam-boat to John- sons Island, Sandusky. Is the U. S. steamer Michigan in port0? If so, apply to the commanding officer for co-operation. 0. B. WILLCOX, Brigadier- General. HEADQUARTERS DEPARTMENT OF VIRGINIA, Port Monroe, August 27, 1863. Lion. ROBERT OULD, Agent of Exchange, Richmond, Va.: SIR: I would again earnestly call your attention to the case of Messrs. Richardson and Browne, correspondents of the New York Tn- bnne. In yours of August 20 you state that there is no fair and reciprocal rule which may be proposed for mitigating the horrors of this war that will not be cheerfully adopted by the Confederate authorities. Now, sir, I think that the Confederate authorities could not have a better opportunity for reciprocating than in the case of the two gentle- men above named, for when Yicksbnrg was captured the editors of the Whig and Citizen fell into onr hands and were immediately paroled and sent away. If you are sincere, then,in your offers, I call upon you to give me evidence thereof by immediately releasing Messrs. Richard- son and Browne. Respectfully, your obedient servant, S. A. MEREDITH, Brigadier- General and Commissioner for Exchange. DEMOPOLIS, ALA., August 27, 1863. General S. COOPER, Adjutant and Inspector General: Am I relieved from command of paroled prisoners ~ The following telegram was received this morning: CHATTANOOGA, August 17. Major-General STEVENSON: You will reassemble your commau4 at Atlanta. By comman4 of General Bragg: GEO. W. BRENT, Assistant Adjutant-General. General ilardee informs me that he is in command of all paroled prisoners in Mississippi and Trans-Mississippi Department. J. C. PEMBERTON, Liet~tenant- General. HEADQUARTERS, Demopolis, Ala., August 27, 1863. SOLDIERS: By direction of the President of the Confederate States I assume command of the paroled prisoners of Mississippi, Arkansas, Missouri, Texas, and Louisiana, recently forming a part of the garri- sons of Yicksburg and Port Hudson. I could desire no greater honor than the command of troops whose sufferings and achievements have added to the renown of their country and compelled the admiration even of their enemies. In anticipation that you will sdon be exchanged, the work of reorgani- zation must proceed with energy. The place of rendezvous is changed from Demopolis, Ala., to Enterprise, Miss. All officers and men must be at their posts. They should be there now. To those present at roll- calls no word is needed. Your daily answers are uttered in the manl Page 233 CORRESPONDENCE, ETC.IJNION AND CONFEDERATE. 233 tones of duty and honor. Many are absent. You must repair at once to the post of duty. The appeals that meet you on every side are the strongest that in any age have stirred the human heart. Soldiers, look at your conutry! The earth ravaged, property carried away or disappearing in flames and ashes, the people murdered, the negroes arrayed against the whites, cruel indignities inflicted upon women and children. Destruction marks the path of our invaders. Their motto is Woe to the conquered. He who falters in this hour of his countrys peril is a wretch who would compound for the mere boon of life robbed of all that makes life tolerable. Fellow soldiers! There is but one path to follow; it leads to the camp. Come to your colors and stand beside your comrades, who with heroic constancy are confronting the enemy. Choose now between the glory of successfully defending all that entitles you to the name of men and the infamy of creeping abjectly to the feet of a foe who will spurn your submission and despise your cowardice. W. J. HARDEE, Lieutenant- General. WAR DEPARTMENT, II ashinaton, August 28, 1863. Major-General FOSTER, Fort Monroe, Va.: Please notify, if you can, Senator Bowden, Mr. Segar, and Mr. Chandler, all, or any of them, that I now have the record in Doctor Wrights case, and am ready to hear them. When you shall have got the notice to them, please let me know. A. LINCOLN. WASHJN~TON, August 28, 1863 Major-General BANKS, New Orleans: GENERAL: Your letter of August 17 transmitting copies of forms of paroles taken at Port Hudson is just received. I perceive from the Richmond newspapers that the enemy is making the very point to which I called your attention, viz, that the paroling and delivering of these prisoners not being in accordance with the terms of the cartel, the parole is not binding, and the men can be returned to the ranks - without exchange. This will seriously increase existing difficulties iu regard to exchanges. I do not find in these newspapers any specifica- tion wherein the cartel was violated in this case, but I presume the ground will be taken that there was no binding agreement ~between the commanding officers in the field. As General Gardner after becoming a prisoner of war did not command in the field, he was no longer a commanding officer and could not bind his Government. Had the agreement been made by him before his unconditional surrender, it would have clearly been within the terms of the cartel. Very respectfully, your obedient servant, H. W. HALLECK, General-in- Chief HEADQUARTERS FIFTEENTH ARMY CORPS, August 28, 1863. General GRANT, Vielcsburg: In drawing up my letter for the flag of truce to-morrow, I was led to examine more critically the Dix-Hill cartel, General Orders, No. 142, o Page 234 234 PRISONERS OF WAR AND STATE, ETC. 1862. By article 5 each of the contending parties has the right to release from their parole any of their exchanged prisoners, simply furnishing to the adverse party a list of the names of the persons so released. It does not appear that we must have notice of such release. Lee may simply answer that he has notice from Richmond, and dont care whether we have notice or not. If you say so, I will prepare a letter and telegraph it to you for approval before dispatching it. I dont want those fellows to get an advantage of ns on paper, as they are great braggarts and would make the most of it.* W. T. SHERMAN, Major- General. [AuGUST 28, 1863.For Sherman to Rawlins,in relation to return to duty of General S. D. Lee and other Confederates paroled at Vicksburg, see Series I, Vol. XXX, Part III, p. 197.] HEADQUARTERS FIFTEENTH ARMY CORPS, Camp on Big Black, Miss., August 28, 18G3. General W. II. JACKSON, Commanding Division of Cavalry, C. ~. Army, Canton: GENERAL: I had the honor to receive on the 24th instant at the hands of Captain Moorman your letter of the 23d. The lady, Mrs. Cotton, was sent to Vicksburg by cars. I also according to the request of Captain Moorman communicated to Mrs. General Tilghman, at Clarksville, Tenn., the sad news of the death of her son Lloyd. I have noticed by your newspapers that General Stephen D. Lee has been assigned to command the cavalry forces in the State of Missis. sippi, and that he entered on his duties about the 20th instant. Our official advices from Washington come down to a much later period, and we have no notice that the Yicksburg prisoners or any of them have been exchanged. Such a notice is universally required in war, and is specifically required by the Dix-Hill cartel, article S. If General Lee is in command I request this letter be considered as addressed to him, and that he communicate to me the simple fact that he has received notice of his exchange from the proper quarters in Richmond, and if possible the name of the officer or officers taken as his equivalent. This information will enable me and General Grant to repress a growing belief that your authorities design to disregard the Yicksburg paroles, which I cannot suppose. I send this communication by the hands of my aide, Captain Dayton, and escort of twenty-five men, accompanied by Colonel Coolbaugh, who is well acquainted with many of your officers, and I authorize them to carry along a budget of newspapers, full of the current gossip of the u orld, in which I know you feel more interest than you would have us outside barbarians believe.t With great respect, your obedient servant, W. T. SHERMAN Major- General, Comman~iling. * For reply, see Series I, Vol. XXX, Part III, p. 197. t Ibid., p. 228 Page 235 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 235 MEDICAL INSPECTOR-GENERALS OFFICE, Washington, D. C., August 28, 1863. Brig. Gen. W. A. HAMMOND, Surgeon- General U. S. Army: GENERAL: Medical-Inspector Unyler reports numerous cases of low form of disease among the prisoners at Fort Delaware, attributable in part to the crowded condition of the prison, and indicates the following sanitary measures as necessary: Improving ventilation by making openings flush with the floor of barracks at inter- vals of fifteen feet; additional windows at ends of buildings; reducing the number of hunks by removing one tier; constructing wooden troughs, in or near the build- ings for washing faces - and hands; urinals at convenient distances, with movable soil tubs or latrines, for use of sick in quarters at night, the distance to the sinks being considerable; (litches and drains to be kept free, and the interior of barracks whitewashed at least every six weeks. The prisoners have no bedding, and so little clothing that it is almost impossible to enforce cleanliness of person. These recommendations could be carried out at small expense of material by the prisoners, and are approved and respectfully referred to the Surgeon-General. I have the honor to be, very respectfully, your obedient servant, JOS. K. BARNES, Medical Inspector- General, U. S. Army. [Indorsement.] SURGEON-GENERALS OFFICE, August 29, 1863. Respectfully forwarded to the Commissary-General of Prisoners. It is recommended that the suggestions of Lieutenant-Colonel Cuyler be carried out. By order of the Surgeon-General: JOS. H. SMITH, Surgeon, U. S. Army. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, August 28, 1863. Brig. Gen. S. A. MEREDITH, Commissioner for Exchange of Prisoners, Port Monroe, Va.: GENERAL: I have the honor to inclose herewith a letter from the Secretary of War and one from the Geueral-in-Chief giving instructions in relation to the selection of a general officer to be held as a hostage for Brig. Gen. Neal Dow, of the U. S. Army, who has been turned over to the authorities of the State of Alabama.* These letters are furnished you that you may communicate to the rebel authorities the orders of the Secretary of War, as directed by him. In exchanges to be made hereafter I am instructed to say that as far as practicable prisoners of war from the States of South Carolina, Georgia, Alabama, and Mississippi shall be the last to be exchanged, those from South Carolina being reserved to the last. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. See Stanton to Hitchcock, August 27, and Halleck to Hitchcock, same day, p. 229, referred to Hoffman Page 236 236 PRISONERS OF WAR AND STATE, ETC. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., August 28, 1863. Brig. Gen. S. A. MEREDITH, Commissioner for Exchange of Prisoners, Fort ]Iilionroe, Va.: The Secretary of War directs that the instructions communicated in my letter of this date be not carried out till farther orders. Please reply. W. HOFFMAN, Commissary- General of Prisoners. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., August 28, 1863. Brig. Gen. JOHN S. MASON, Commanding, Columbus, Ohio: GENERAL: By direction of the Secretary of War you will please place Brig. Gen. John H. Morgan, of the rebel army, now in custody in the Ohio penitentiary, in close confinement, to be held as a hostage for the proper treatment and release of Brig. Gen. Neal Dow. He is to remain in the penitentiary where he now is, but is to have no com- munication with other prisoners, nor will lie be permitted to see visitors except by authority of the War Department. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. RICHMOND, August 28, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: I send to you the statement* of the treatment of Confederate prisoners, with the signature of the writer. It accorded with every representation that has heretofore been made with respect to the Fort Delaware prisoners, and therefore I forwarded it. I withheld the name of the writer because the fortunes of war might at some future time throw him into your hands. If, however, the statement is false, he deserves punishment from our own hands. I will thank you to have the proper report made on the subject. Respectfully, your obedient servant, IRO. OULD, Agent of Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, August 28, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: Col. W. H. Powell is not in a dark, damp cell, alone. His place of confinement is neither dark nor damp. He is charged with the commission of atrocities which your own general orders denounce. He is in no closer confinement than General Morgan, and has not been subjected to the felon indignities inflicted upou that officer. If you wish to know the specific charges against him I will make due inquiry ~Not found Page 237 CORRESPOKNDENCE, ETC.UNION AND CONFEDERATE. 237 and inform you. General Neal Dow has not been handed over to the Governor of Alabama, as yon allege. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. [Indorsement.] OFFICE COMMISSIONER FOR EXCHANGE, Fort Monroe, Va., September 10, 1863. Respectfully forwarded to Maj. Gen. E. A. Hitchcock, Commissioner of Exchange, Washington, D. C. S. A. MEREDITH, Brigadier- General and Commissioner for Exchange. RICHMOND, August 28, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: I confess that I was very mucli disappointed in not receiving one word from you by the present boat in relation to the proposition I made to you at our late interview, respecting paroles; nor did you say when you could be at City Point to give an answer. I received no answer to my communication in relation to the release of surgeons. I beg that you will return an answer as to these matters in yonr next communication. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. RICHMOND, VA., August 28, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: Some time ago I addressed a communication to you asking why you held General Morgan in close confinement and what was its nature. To that I have received no reply. In that I am not disappointed, as it is not the habit df the Federal agent of exchange to answer inquiries. Since then 1 have seen in yonr papers detailed accounts of the treat- ment General Morgan and his brother officers have received. What does this mean? It is alleged that this conrse is pursued in retaliation for the confinement of Colonel Streight and his officers. I have already assured you that those officers are treated exactly as all others held in confinement at the Libby. Colonel Streight has expressed to me in person his satisfaction as to the manner in which he was treated. Do you wish him shaved and put in a felons cell? If you do you are pursuing exactly the course to effect it. May I again ask why you have put General Morgan and his brother officers in a penitentiary? I have but faint hopes of getting any reply, but under the circum- stances I have ventured the question. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. RICHMOND, August 28, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: I still adhere to my declaration of the 20th instant in respect to the release of non.combatants. To that and almost every other com- muiiication involving a principle you have not replied. Fairnes Page 238 238 PRISONERS OF WAR AND STATE, ETC. requires that you should answer it in some form before you criticise it. Will you agree to the unconditional release of all non-combatants ~ Your reference to the parole of the editors of the Whig and Citizen at Vicksburg has no sort of force. They were paroled by the terms of surrender and not by any special grace of your authorities. You. could not have retained them without a breach of the terms of capitulation. Their cases are in no respect analogous to those of Richardson and Browne, except in their avocation of driving the quill. Richardson and Browne will be released just as soon as you agree to discharge non- combatants. I still say there is no fair and reciprocal rule which may be proposed for mitigating the horrors of this war that will not be cheerfully adopted by the Confederate authorities. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, August 28, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: Your extract from a letter respecting Capt. Peter Ford and crew of the steamer Emily has been received. I will adopt your rule and decline iorwarding anonymous communications. If the writer will sign his statement I will refer it for investigation immediately. In the meantime allow me to state that the statement is an infamous falsehood. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. [Inclosure returned.] BALTIMORE, August 17, 1863. Major-General FOSTER, Fortress Monroe, Va.: DEAR SIR: From a gentleman with whom I have conversed, recently released from the Libby Prison at Richmond, I understand that Capt. Peter Ford and crew of the steamer Emily, which boat was captured on or about the 15th of May last at the mouth of the Elizabeth River, are in a most deplorable condition and are not likely to survive the treatment of their incarceration for any considerable time. The object of this note is to enlist your sympathy in behalf of himself and crew (the captain being very sick at present) to the end that you may do whatever is in your power for his release. Captain Ford has been one of the most energetic gentlemen connected with the steam marine of our coast and has been of vast benefit to the Government in many ways. Anything you can do in behalf of Captain Ford and crew will be an advantage to the Government. Yours, with high respect, THOS. MCCORMICK. [First indorsement.] IIDQRS. DEPT. OF VIRGINIA AND NORTH CAROLINA, August 18, 1863. Respectfully referred to General Meredith. By order of General Foster: J. F. ANDERSON, Aide-dc- Camp Page 239 CORRESPONDENCE, ETC.UNLON AND CONFEDERATE. 239 [Second indorsement.] OFFICE COMMISSIONER FOR EXCHANGE OF PRiSONERS, Fort Monroe, Va., August 30, 1863. Respectfully returned to Major-General Foster with a reference to accompanying letter from R. Ould, rebel agent for exchange. S. A. MEREDITH, Brigadier- General and Commissioner of Exchange. RICHMOND, VA., August 28, 186~3. JOHN GRAHAM, Esq.: Mv DEAR SIR: Yours of the 21st instant has been received. Your brother is comfortable and is improving. It is not true that the Secre- tary of War has endeavored to effect his release. I am now and have been at all times ready to exchange and release him for a brigadier- general whom I may name. I have so great a desire to gratify you that I can say 1 will exchange your brother for any brigadier whom you have in confinement. I am amazed that it should be represented to you that any special effort has been made for the exchange of your brother. I have a very pleasing recollection of the time when we met. We were in contest, but it was without the horrors that attend this. I could say more, but even my privilege with the flag of truce is limited. I shall always be happy to gratify you in the line of my duty. If your brother is not released it will not be any fault on this side. Yours, truly, RO. OULD, - Agent of Exchange. RICHMOND, August 28, 1863. Lieutenant-General PEMBERTON: Since the order for the court of inquiry it was considered that your presence before the court would be necessary. Hence the paroled prisoners of your command have been ordered to assemble. Those from Tennessee at Chattanooga or Atlanta under General Bragg; those from Georgia at Atlanta under General Cumming; those from Ala- bama at Demopolis under General W. M. Gardner, and those from Mississippi and Louisiana under General Hardee at Morton. This relieves you from duty with that command and will enable you to give your attention to investigation before the court. S. COOPER, Adjutant and Inspector General. OFFICE COMMISSARY-GENERAL OF PRISONERS, Maj. Gen. ~. ~. ROSECRANS, Washington, D. C., August 29, 1863. Commanding, Murfreesborough, fieun.: GENERAL: Your letter of the 16th instant has been submitted to the Secretary of War, and I am instructed to reply as follows: Deserters from the rebel army will be disposed of permanently at the discretion of the commander of the department in which they may be found. I Page 240 240 PRISONERS OF WAR AND STATE, ETC. discharged on taking the oath of allegiance, or on any other terms, a descriptive list of each case should be preserved at the headquarters of the department and a copy transmitted to the Commissary-General of Prisoners as a means of detecting any violation of the condition of discharge. The course to be pursued for the discharge of prisoners of war is prescribed in General Orders, No. 286, a copy of which is here- with inclosed. * Yery respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., August 29, 1863. Brig. Gen. JoHN S. MASON, Commanding, Columbus, Ohio: GENERAL: I learn from letters passing through this office from rebel prisoners of war in the Ohio penitentiary that they frequently receive varieties of luxuries from their friends in Kentucky. There may be circumstances which would justify such an indulgence in a particular case, but it is expected that it will be granted only for special reasons and by your authority. It would not be safe to delegate the authority to any subordinate, because it is almost impossible for them to resist the importunities, if not temptations, which are pressed upon them to overstep the limits prescribed for them. The quantity of clothing issued to prisoners of war should be limited to what is absolutely necessary; that is, a change of underclothing and one suit of outer garments, whether issued by the Government or contributed by their friends. Will you please direct that issues at Camp Chase shall conform to the above conditioiis l Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third infantry and Commissary- General of Prisoners. MEDICAL DIRECTORS OFFICE, Baltimore, hId., August 29, 1863. Lient. Col. W. II. CHESEBROUGH, Assistant A dj~ttant- General, Middle Department: COLONEL: I have the honor to report that in my capacity of medical inspector of this department I yesterday visited the hospital at Fort Mdllenry, finding it in excellent order. I also visited the building in which rebel and other prisoners are confined, finding it filthy in the extreme, and a disgrace both to humanity and the service. I am, colonel, very respectfully, your obedient servant, GEORGE SUCKLEY, AS~urgeon, U. ~. Volunteers, Actg. ]Jliedical Director and Medical Inspector, Middle Department. [First indorsement.] HEADQUARTERS MIDDLE DEPARTMENT, Baltimore, ilId., August 31, 1863. IRespectfully~referred to the commanding officer of the Second Brigade. *Seep. 212 Page 241 CORRESPONDENCE, ETC.UNJON AND CONFEDERATE. 241 [Second indorseinent.] HEADQUARTERS DEFENSES OF BALTIMORE, Fort Mellienry, September 4, 1863. Respectfully returned to department headquarters, Eighth Army Corps, with the accompanying report of the provost-marshal of this post.* W. W. MORRIS, Brevet Brigadier- General, Commanding. AUGUST 30, 1863.For Grant to ilalleck, in reference to the parole and return to duty without exchange of General S. D. Lee, see Vol. XXX, Part III, p. 224.] [AUGUST 30, 1863.For Grant to Sherman, in regard to prisoners taken without uniform, see Series I, Vol. XXX, Part III, p. 226.] LIBBY PRIsON, Richmond, August 30, 1863. Brig. Gen. S. A. MEREDITH, U. S. Army, Commissioner for Exchange of Prisoners: SIR: I have the honor to call your attention to the inclosed copy of a communication to the Hon. James A. Seddon. I, as well as others of my fellow-prisoners, have repeatedly appealed for relief to the subordi- nate officers having us in charge, but have as often been assured that our situation as to rations, quarters, and treatment generally was much better than their officers received at the hands of our Government. It is needless to add that our treatment as officers, prisoners of war, is entirely contrary to all civilized usages, and it is my earnest hope, and, so far as I have been able to ascertain, it is the unanimous desire of the officers here that such measures be taken by our Government as will insure proper treatment to both our officers and men while prisoners of war in the hands of the enemy, no matter who that enemy may be. I have the honor, sir, to be, your most obedient servant, A. D. STREIGHT, Colonel Fifty-first Indiana Volunteers, U. S. Army. [Inelosure.] LIBBY PRISON, Richmond, August 30, 1863. Hon. JAMES A. SEDDON, Secretary of War: SIR: I take the liberty of addressing you in behalf of myself and fellow-prisoners in relation to our situation. AbouI 600 of us are con- lined here with an average space of nearly twenty-eight square feet each, which includes our room for cooking, eating, washing, bathing, and sleeping. Our rations consist, as nearly as I can judge as to quantity, of about one-fourth pound of poor fresh beef, one-half pound of bread, and one-half gill of rice or beans for each m~n per day. The above amount has been found insufficient both as to quantity and quality to - * See September 3, p. 255. 16 R RSERIES 11, VOL V Page 242 242 PRISONERS OF WAR AND STATE, ETC. sustain life and health in our close prison confinement. Scorbutic dis- eases have already appeared, proving fatal in one caseMajor Morris and impairing seriously, if not permanently, the health of others. Our sanitary condition would have been much worse than it now is but for the large purchases of vegetables and other provisions, amount- ing to nearly $1,000 per day, which we have been allowed to make, but as nearly all our money was taken from us when we entered the prison the daily expenditure of this large sum has at length about exhausted what was left us. We have also been notified that we will not be allowed to receive any portion of the money taken from us here, nor even such sums as have been sent us from home since our imprison- ment, though before writing for these moneys we were expressly assured by your officers having us in charge that we would be allowed to receive them. It will be perceived from the above statement that our immediate prospective condition is, to say the least, that of semi- starvation. r~ he rations furnished by your Government may be as good and as much as it can afford under the circumstances, but in that case it does seem that we should be allowed to purchase the necessary amount to sustain us. It cannot possibly be that it is intended to reduce to a famishing condition 600 prisoners of war. Humanity can- not contemplate such a thing without feelings of the deepest horror, saying nothing of our rights as prisoners of war. Even criminals guilty of the blackest crunes are not, among civilized people, confined for any length of time on insufficient food. I wish further to state to you that previous to my surrender I made a stipulation with General Forrest, to whom I surrendered, that all private property, including money belonging to my officers and men, should be respected. This stipulation, in the handwriting of General Forrest over his own signature, is now in the hands of General Winder, having been taken from me here. Notwithstanding this, my officers, ninety-five in number, have been notified with the balance that their money has been turned over to the Confederate authorities. For the purpose of avoiding further loss of money or misunderstand- ing and, if possible, to obtain relief from the unhappy situation in which we are placed, you are most respectfully asked to state, in your answer to this communication, the manner in which we will be allowed to obtain necessary food and clothing to render us comfortable. I have furnished Hon. Robert Ould, Confederate commissioner for exchange of prisoners, a copy of this communication, and will also send a copy, if permitted to do so, to General Meredith, the U. S. commis- sioner for exchange of prisoners, in order that the whole subject may come up for discussion at the next meeting of said ~comumissioners. I have the honor, sir, to be, your most obedient servant, A. D. STREIGHT, Colonel Fifty-first Indiana Volunteers, U. S. Army. OFFICE COMMIsSARY-GENERAL OF PRISONERS, Washington, D. C., August 30, 18G3. Maj. Gen. J. G. FOSTER, Commanding, Fort Monroe, Va.: GENERAL: I am instructed by the Secretary of War to say that here- after deserters from the rebel army will be disposed of primarily, at the discretion of the commander of the department in which they may be found. If discharged on taking the oath of allegiance, or any othe Page 243 CORRESPONDENCE, ETC.UNIoN AND CONFEDERATE. 243 terms, a descriptive list of each case will be preserved at the headquar- ters of the department, and a copy transmitted to the Commissary- General of Prisoners, as a means of detecting any violation of the con- dition of the discharge. The course to be l)ursued for the discharge of prisoners of war is prescribed in General Orders, No. 286, a copy of which is herewith inclosed.* Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary-General of Prisoners. (Same to Generals Burnside, Grant, Dix, Schofield, Banks, Gillmore, Brooks, Morris, and Kelley.) WASHINGTON, August 31, 18G3. Hon. EDWIN M. STANTON, Secretary of War: SIR: In compliance with your instructions I visited Point Lookout yesterday and have the honor to report: There are about 800 sick and wounded Union soldiers in hospital at that place; about 1,800 rebel prisoners of war encamped on the Chesapeake side near the point, and a guard of 400 Union troops encamped oii the Potomac side, opposite the camp of rebel prisoners, all under the command of General Marston. I found everything apparently in excellent order; guards well posted with every appearance of vigilance and security. General Marston thinks that with a cavalry force of 100 men he could do much toward suppressing blockade running, and in the l)reservation of order in the country where his camp is situated. If furnished with horses and cavalry equipments a sufficient number of men might be added from his infantry command to answer the pur- pose, and I respectfully recommend that this be done. There are two gun-boats at the point, one with about forty men (as I was informed), the other not half manned, and neither of them have the use of steam power; one having no engine, the other a wholly disabled engine. I saw three gun-boats between the point and Alexandria, but their condition is unknown to me. Ii have the honor to be, very~ respectfully, your obedient servant, E. A. HITCHCOCK, iitaj. Gen. of Vols. and Commissioner for Exchange of Prisoners. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., August 31, 13G3. Maj. Gen. J. M. SCHOFIELD, Commanding Department of the Missouri, Saint Louis, ]Jfo.: GENERAL: In reply to your inquiries of the 26th instant in regard to regulations which may have been heretofore issued for the disp osi- tion of the eff~cts of deceased rebel prisoners of war, I have the honor to say that such cases have not been before presented to me, as n~ reg- ulations to provide for them have as yet been issued. I shall immedi- ately notify officers in charge of prisoners of war that all money left by those who may die will be turned into the prison fund, a receipt being taken for the amount by the surgeon an(l forwarded to this *See p. 212 Page 244 244 PRISONERS OF WAR AND STATE, ETC. office. Any clothing or other articles will be taken possession of by the commanding officer to be used for the benefit of other prisoners. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. [Indorsement.] Make copies of this communication and send to the medical directors in the department, and direct that they govern themselves accord- ingly. J. TOTTEN, Brigadier- General. MORTON, August 31, 1863.* Memorandum for Major- General Lee. * * * * * * * While inspecting Colonel Logans troops, to inquire into the truth of the report that after the recent action near Jackson, La., twenty-three prisoners (one white officer and twenty-two colored and negro privates) were put to death in cold blood and without form of law, and if it is tine, to bring the culprits to trial. * * * * * * * J. B. JOHNSTON, General. Caleb Smith, major commanding Camp Lewis, wishes to know if paroled prisoners can guard Government property in transitu. [Indorsement.] AuGUST 31, 1863. Respectfully returned to General Winder. Paroled men are not to discharge any military duty. ROBERT OULD, Agent of Exchange. OFFIcE COMMISSARY-GENERAL OF PRISONERS, Washington, P. C., September 1, 18G3. Brig. Gen. A. SCHOEPF, Commanding Fort Delaware, Del.: GENERAL: I have the honor to inclose herewith a copy of a report made to the Surgeon-General by Medical Inspector Unyler on the sani- tary condition of the prisoners at Fort Delaware, in which he recom- mends several measnres to be adopted to improve the condition of the prison, barracks, and the adjacent grounds, and these recommendations are approved by the Surgeon-General. t I respectfully refer the report to you to be carried out generally as far as you think necessary. I presume the expense will not be great, and can be paid ont of the prison fund. It will not be advisable to reduce the number of bunks, because there may be times when the number of prisoners in our hands will make it necessary to fill up the barracks, even at the risk of being over- crowded. At this time the excess can be provided for by sending them For omitted portions, see Series I, Vol. XXX, Part IV, p. 573. See extract embodied in Barnes to Hammond, August 28, P. 235 Page 245 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 245 to Point Lookout, and if you will prepare rolls for 1,000 or 1,500, as you may think best, I will send the order for their transfer. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. OFFICE PROVOST-MARSHAL, DIsT. OF THE BORDER, Kansas City, September 1, 1863. Brig. Gen. T. EWING-, Comman ding District of the Border: GENERAL: I have the honor to report that up to this date there have been issued from this office orders of banishment against sixty- four persons, many of them heads of families, living in Kansas City and its vicinity and Independence and its vicinity. This list embraces a large proportion of the most dangerous. A number yet remain, a few of whom I will ask your consideration upon in a few days. I would most respectfully ask a reconsideration of the orders in the cases of iDr. B. M. Jewett, Mrs. Maria Gilliam, and Nehemiah Holmesthe two former upon my own knowledge of the parties, the latter upon the representations of loyal citizens, who think the order was intended for his brother, Hezekiah, against whom an order has this day been issued. The latter I believe to be much the most obnoxious man. A large number have been placed upon a suspected list and orders will be given the detective force to keep them nuder close surveillance until additional evidence is obtained. I am, general, very respectfully, your obedient servant, R. T. VAN HORN, Lieutenant- Colonel and Acting Provost.Marshal. RICHMOND, VA., September 1, 1863. Hon. THOMAS BRAGG-, Raleigh, N. C.: DEAR SIR: I have received your letter of the 10th ultimo relative to the unfortunate situation of Doctor Wright, of Norfolk, and would gladly do anything in my power to rescue him from an enemy regard- less alike of the laws and customs of civilized people in their dealings with us. The doctor and his friends have my deepest sympathy. The case had already received my attention before your letter reached me, but I have beeu unable to devise any method which seemed likely to render him eft~ctive service. With assurances of my friendly regard and esteem, I am, very respect- fully and truly, yours, JEFFERSON DAVIS. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, September 1, 1863. His Excellency M. L. BONHAM, Governor of South Carolina, Charleston, S. C.: SIR: Your letter of the 10th ultimo was submitted by me to the President with the following indorsement :* After due deliberation the President returned the communication with these remarks:t I submit these indorsements as expressing, more clearly than I might * See third indorsement, p. 194. t See fourth indorsement, p. 194 Page 246 246 PRISONERS OF WAR AND STATE, ETC. otherwise be enabled to present them, our views on this important sub- ject. I venture to recommend farther, that the captured negroes be not brought to trial; or, if con demned, that your powers of executive clemency be exercised to suspend their execution, to allow the possi- bility of arrangement on this question, so fraught with present diffi- culty and future danger. With high respect and regard, your obedient servant, JAMES A. SEDDON, & cretary qf War. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, & ptember 1, 18G3. His Excellency the PRESIDENT: SIR: In answer to your indorsement of the 24th ultimo directing a report upon the special case of ex-Mayor Monroe, and the general arrangements of the belligerents which bear upon it, I have the honor to submit the following report: On the 11th of May last the following agreement, being paragraph 8 of Exchange Notice No. 5, was made between the Federal agent and myself, to wit: All civilians who have been arrested at any time before the 6th of May, 1863, and released on parole are discharged from any and every obligation contained in said parole. If any such person has taken any oath of allegiance to the United States, or given any bond, or if his release was accompanied with any other condition, he is discharged from the same. Although the agreement upon ~its face refers to parties who were released on parole betbre its date, it was understood that the arrange- ment was to be a continuing one, and upon the publication of each exchange notice the same or a similar announcement would be made. Early in April last the Federal agent of exchange complained that a political prisoner named Wardener was compelled to give his parole before he was sent to City Point for delivery. In reply I wrote to him as follows: Our clear and indisputable understanding was that all civilians who should be released or had been released upon giving a parole or any obligation should be con- sidered as absolved from that parole or obligation. It made no difference where the parties were delivered, or whether they had ever been in actual confinement even. It was a necessary incident to our agreement for the release of political prisoners. I have already acted upon this, and given notice that all civilians, whenever and wherever released, were discharged from any parole, or any obligation, or any oath into which they may have entered before their release or at the time they were released. The parole and oath of Wardener only operated u~til he was delivered to you at City Point. This was written and accepted before the agreement of May 11, and serves to show the nature and meaning of the agreement made on that day. On the 12th of June, 1863, I wrote to the Federal agent of exchange substantially that if he desired to prevent the publication of paragraph 8 of Exchange Notice No. 5 to future cases he could so inform me. That he has not done or attempted to do. General Orders, No. 207, issued by the War Department at Washington, July 3, 1863, prac- tically recognizes the doctrine that released non-combatants are dis- charged from the obligations of a parole given whilst in captivity. Paragraph 4 of that order is in these words: The obligations imposed by the general laws and usages of war upon the non-com- batant inhabitants of a section of country passed over by an invading army cease when the military occupation ceases, and any pledge or parole given by such persons in regard to future service is null and of no effect Page 247 CORRESPONDENCE, ETC.UNJON AND CONFEDERATE. 247 A release is surely as operative as the retirement of an invading army. In addition to the foregoing, ex-Mayor Monroe was one of the polit- ical prisoners whom the Federal agent agreed to release unconditionally in common with all others in confinement at that time. He was the sub- ject of correspondence between us, and I more than once demanded his release in pursuance of the agreement. In accordance with these views, I have given to ex-Mayor Monroe a paper, which I have officially signed, stating that he was released from the obligations of the parole given by him on the 1st of August, 1863. Respectfully, your obedient servant. RO. OULD, Agent of Exchange. OKOLONA, Miss., September 1, 18G3. Col. B. S. EWELL, Assistant Adjutant- General: COLONEL: By request of General Ferguson I have to-day mailed you the Memphis Bulletin, giving an account of the execution of two men belonging to Captain Streets command after their capture by the enemy. The general remarked that he had written you on the subject, and wished me to forward the newspaper as an additional proof that the cold-blooded murder has actually occurred. I have the honor to be, your most obedient servant, M. MAGEYNEY, JR., Colonel, Con~manding Rendezvous. [First indorsement.] HEADQUARTERS, Morton, September 5, 1863. Respectfully referred to Major-General Lee. By command of Lieutenant-General Hardee: BENJ. S. EWELL, Assistant Adjutant- General. [Second indorsemerit.] HEADQUARTERS CAVALRY IN Mississippi, Canton, September 16, 1863. The paper alluded to never reached this office. The fact of the two men being murdered is well established and should be attended to. If the papers now in the possession of Colonel Ewell on thi~s subject be sent me, I will make it the subject of a communication to the Federal commander at Memphis, if this is considered necessary. In my opinion retaliation is necessary. S. D. LEE, Major- General. IIEADQUARTERS DEPARTMENT TRANS-MISSISSIPPI, Shreveport, La., September 1 1863. i\Iaj. Gen. li. TAYLOR, Commanding District of Louisiana, Alexandria, La.: GENERAL: In reply to your communication of the 23d ultimo, inclos- ing correspondence between yourself and Major-General Bauks of the U. S. Army, I am instructed by the lieutenant-general commandin Page 248 248 PRISONERS OF WAR AND STATE, ETC. to say he has not a copy of the cartel at hand, bat his impression is it requires prisoners should be paroled and sent to Yicksburg, or City Point for exchanges. As the commanders of two contending armies, he snggests some arrangement be entered into between General Banks and yourself by which an understanding may exist between you in regard to prisoners captured by either army. In regard to the two officers, Captain Allen and Lieutenant Page, referred to in the communication of General Banks, I have to inform you that those officers are not in irons, but are on the same footing as the other Federal officers who have been sent to Texas. I am, general, very respectfully, your obedient servant, S. S. ANDERSON, Assistant Adjutant- General. HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, September 2, 18G3. Major-General TAYLOR, Commanding Confederate Forces, Western Louisiana: GENERAL: I have the honor to acknowledge the receipt of your letter of August 23, in reference to the release of prisoners of war from the parole given by them in consequence of the violation of the cartel of exchange. In order that you may understand fully the ground of my action in this case, I inclo se to you copies of the general orders from the Adjutant-Generals Office at Washington, all my own general orders relating to this subject, and a letter from the Commissary- General of Prisoners in regard to the prisoners of war captured at Get- tysburg. These documents will explain fully the ground upon which my decision must rest. You will readily see that you cannot apply to the paroled prisoners of Yicksburg and Port Hudson the same decision upon the same grounds. The prisoners of war captured at Port iHudson are paroled upon a distinct arrangement made between Major-General Gardner and myself, and all the papers relating to the parole were agreed to and signed by the respective commanders of the two armies. To show that the Government of the United States did not expect the Confederate Government to regard a parole given in contravention of the cartel of exchange, I may say that specific inquiry was made of me whether the parole of prisoners of war was made with the consent of Major-General Gardner, upon the supposition that if it was not so made the parole would not be regarded, by the Confederate Goyernment and the prisoners would be immediately placed in the army. The prisoners of war referred to in your letter were not delivered at either of the points agreed on in the cartel of July, 1862, nor to any officer of the United States duly authorized to receive them, nor were they so delivered at a point mutually agreed npon between or by the consent, expressed or implied, of the commanders of the opposing armies. Their parole, being thus nnauthorized, was declared void, in accord- ance with instructions from the War Department; in accordance with the notice given to the authorities of the United States by the C. S. commissioner of exchange, and in accordance with the action of General Lee after the battle of Gettysburg in returning to duty, upon the same ground, prisoners paroled by General Meade in the same manner and under similar circumstances. The prisoners taken by the United States were regularly paroled in accordance with the terms of the cartel, by special and written agreements between th Page 249 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 249 generals commanding the opposing forces, viz, between Generals Grant and Pemberton at Yicksburg and between Generals Banks and Gard- ner at Port Hudson. Their paroles were in every respect, in form and substance, in conformity to the agreement between the belligerents by which the subject is governed, viz, the cartel of July, 1862. it is proper to say in this connection that the paroles previously given by agreement betweeu Generals Taylor and Weitzel, for example, in the case of the Diana, are regarded as valid, and that the paroles admin- istered by the provost-marshals of the United States at Franklin New Iberia, and Opelousas dnring our occupancy of the Teche conntry are, for the above reasons, to be treated as void. The United States makes, and has made, no complaints in regard to the Gettysburg prisoners, but accepts their case and the notice giveu by the Confederate Govern- ment as determining the practice in all cases and as reqniring in every instance an exact conformity to the terms of the cartel of exchange. I have the honor to be, with much respect, your obedient servant, N. P. BANKS, Major- General, Commanding. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., September 2, 1863. Rev. JOHN M. KREBS, Walden, N. Y.: SIR: Your letter of the 27th ultimo,* addressed to the Secretary of War, communicating an application from a chaplain of the rebel army to be permitted to attend the prisoners of war at the general hospital on Davids Island, has been referred to this office. It is not thought advisable to associate officers and enlisted men, prisoners of war, together, owing to the bad effect of their influence and example, and there is probably no class of officers whose influence is more powerful to keep np the spirits of the rebels than their chaplain. If they would confine themselves to their proper calling there would not be the least objection to their presence among the sick and wounded, but as this is not l)ossible it would be very injuriou.s policy to admit them in the hospitals, where they would scarcely preach that our cause is righteous or that they have engaged in the rebellion without a cause. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. RICHMOND, September 2, 1863. Brig. Gen. S. A. MEREDITH, Agent 9f Exchange: SIR: 1 send you the accompanying letter from Capt. W. C. Bird to the Confederate Secretary of War. it is one of the many confirmations I have received of the breach of the cartel by the authorities of the United States prior to the recent difficulties about that instrument. It appears that you have even now in confinement officers who were declared exchanged more than six months ago. I am very sure you cannot find a case where any such line of conduct has been pursued by the Confederate States. Will you do the tardy justice of releasing Lieutenant Blackwood and all others who have been declared exchanged l In one of your communications to me you complained that certain recruits captured by our troops were retained as prisoners. We have Omitted Page 250 250 PRISONERS OF WAR AND STATE, ETC. at least never tried such before a court-martial, or sentenced them to hard labor during the war. I am willing to regard all such as prisoners of war and subjects of exchange. Will you agree to this l Will you deliver Captain Wailer and his men, and all other recruits captured by your forces~ If so, I will be happy to deliver all of the same class in our possession, the party having excess to have credit for the same. liespectfully, your obedient servant, RO. OULD, Ageiit of Exchange. [Inclosure.] SPoTswooD lloxJsE, Richmond, August 23, 18G3. Honorable SECRETARY OF WAR: SIR: I beg leave to make the following statement of facts: That I was wounded at the battle of Perryville, Ky., and taken prisoner. I remained in Kentucky seven months; was then ordered on my parole to Fort Monroe, reporting at Cincinnati and Baltimore. On reporting at Cincinnati I was ordered by General Burnside to Camp Chase. I there made another demand to be sent forward. The commandant of the camp, Major Webber, acknowledged 1 had been exchanged but declined to take any action in the matter. I was at Camp Chase about six weeks. I was then sent to Johnsons Island. I there made a third demand, each time stating the time of my capture and claiming to have been exchanged under the cartel of December, 1862. The commandant of Johnsons Island consulted the Secretary of War at Washington, and I was sent from the Island to City Point July 23 and reached the latter place August 20. My case is one of many wounded officers and men captured at the same time I was, and others prior to that time are now at Johnsons Island and other prisons North. Lieutenant Blackwood, of an Arkansas regiment, wounded at Perry- ville, and by no means recovered, is at Johnsons Island. There are a number of others whose names I have forgotten. I would beg leave to call your attention particularly to the case of Capt. William Wailer and others. Captain Wailer, by authority from General Morgan, went into Ken- tucky to recruit a company. He with twelve or fifteen recruits were captnred at Maysville, Ky. They were court-martialed and Waller condemned to death, the recruits to hard labor during the war. The sentence of Waller was commuted and he is now at Johnsons Island in close confinement, and the recruits are there at hard labor. I would also call your attention to the fact that~all surgeons and chaplains of the Confederate States Government now in the hands of Federals are held as prisoners of war and treated as such. Sixty-five surgeons and twelve chaplains are now at Fort MclIenry and have been informed by the Federal authorities they were considered and held as prisoners of war. All of which I respectfully submit. 1N. C. BIRD, Captain Company C, First Florida Regiment. RICHMOND, & ptember 2, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: I bring to your notice the inclosed letter from a returned prisoner. You are aware that upon your request consent was given that mone Page 251 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 251 and clothing might be sent to your prisoners. They have received everything which has been forwarded to them. You, however, can hardly expect that any such rule can be observed on our part when you (10 not permit money or clothing to be sent to our prisoners. I hope there may be some mistake about this matter. Will you make inquiry into it and let me know the factsl Respectfully, your obedient servant, HO. OULD, Agent of Exchange. [Inclosure.] RICHMOND, August 28, 1863. I certify that I was taken prisoner at the battle of Gettysburg on the morning of the 3d of July last; that I was thence taken, via West- minster and Baltimore, to the military prison at Fort Delaware; that whilst there, in answer to a letter of mine requesting a small amount of money and clothing, I received a letter from my sister saying that my wants were to be supplied through Mr. N. F. Owens, a merchant of Balti- more. The next day I received a letter from Mr. Owens saying that my order had been filled and sent to Adams Express Company fortransporta- tion. When 1 inquired at the office of the sergeant or commissary of prisoners (the proper l)lace for such an inquiry) I was informed that by order of general commanding prisoners thereafter would not be per- mitted to receive clothing or money. The following day an order was published to the prisoners prohibit- ing them from writing for clothing or money, and they were frequently xv arned in my presence on depositing letters for transmission to their friends that if they contained requests for those articles they would be destroyed. This order was in force when I left, July 30. Prisoners had prior to the refusal to me received clothing and money from their friends in Baltimore and other points. The money sent me from home (~25, greenbacks) was handed me by General Schoepf a few moments before I left. H. TILLARD SMITH, Company A, First Battalion Maryland Infantry. SPECIAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 208. * Richmond, September 2, 1863. * * * * * * XVII. So much of paragraph VIII, Special Orders, No~. 197, current series, as refers to the troops to be placed under the supervision of Lieut. Gen. W. J. ilardee is amended and the paroled prisoners from Missouri, Arkansas, and Texas are hei~eby included. By command of the Secretary of War: JNO. WITHERS, Assistant Adjutant- General. STATE OF CONNECTICUT, EXECUTIVE DEPARTMENT, Norwich, Coun., September 3, 1863. Hon. E. M. STANTON, Secretary of War, Washington: DEAR SIR: With this find a statement from highly respected citi- zeus of Mystic River, Coun., respecting the capture of the bark Texan Page 252 252 PRISONERS OP WAR AND STATE, ETC. with Capt. Thomas E. Wolfe and twelve others of his crew by the piratical steamer Boston, on the 10th of June last, near the mouth of the Mississippi. Captain Wolfe and most of his crew are loyal citizens of this State and are now confined as prisoners of war in Libby Prison at Richmond, Va. T hey were engaged in a lawful business on private acconnt, and II would respectfully submit the qnestion whether they are rightly held as prisoners of war, and if they are to request you to take measures to secure their exchange as soon as may be consistent with the interests of the service, and if not to ask if you cannot adopt some efficient measures to secure their early discharge. I am, with high regard, your obedient servant, WM. A. BUCKINGHAM, Governor of Connecticut. [First indorsement.] WAR DEPARTMENT, September 9, 1863. Respectfully referred to General Hitchcock, commissioner of exchanges. By order of the Secretary of War: JAS. A. HARDIE, Assistant Adjutant- General. [Second indorsement.] General Meredith will lay this case before Mr. Ould and communi- cate the answer, returning the papers. E. A. HITCHCOCK, ilft(J. Gen. of Vols., Commissioner for Exchange of Prisoners. [Third indorsement.] OFFICE COMMISSIONER FOR EXCHANGE OF PRISONERS, Fort Monroe, 17a., September 14, 1863. Respectfully referred to Hon. R. Ould, agent of exchange. S. A. MEREDITH, Brigadier- General and Commissioner of Exchange. [Fourth indorsement.] RICHMOND, September 15, 1863. Respectfully returned to Brigadier~General Meredith, agent of ex- change. I have already replied fully to this matter in my letter to General Meredith of August 1, 1863. I respectfully suggest that a reply to the proposition therein contained should have been given before a second reference of the same matter was made. The officer and crew of the Texana can be discharged on the release of those similarly situated in Federal prisons. The intimation of insufficient and bad food is false. RO. OULD~ Agent of Exchange. [Inelosure.1 MYSTIC RIVER, CONN., August 18, 1863. His Excellency WILLIAM A. BUCKINGRAM, Governor of the State of Connecticut: DEAR SIR: We, the undersigned inhabitants of the towns of Groton and Stouingto ii, beg leave to submit and respectfully ask your attention to the following statement: On the 10th day of June last the American bark Texana, commanded by Capt. Thomas E. Wolfe, was captured, togetber with her crew, thi Page 253 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 253 teen all told, while on a voyage from New York to New Orleans, with a cargo of merchandise on private citizens account, and burned, some twenty miles from the Balize, near the month of the Mississippi River. The captor was the steamer Boston, under the command of one James Duke, assisted by fifteen others. She (the Boston) had been captnred the day before by this same crew. The pilot of the Texana was allowed to go free; but the captain and crew were sent to Mobile and thence, as it appears from a letter received from the mate, Mr. Sawyer, dated June 26, to the Libby Prison in Richmond. We would therefore respectfully ask that you would nse your influ- ence, official and personal, so far as is consistent with the public good, that these men may be paroled, exchanged, or otherwise relieved from their present confinement. CHAS. MALLORY. fjAnd nine others.] HEADQUARTERS DEPARTIIIENT OF THE GULF, New Orleans, September 3, 1863. Maj. Gen. RICHARD TAYLOR, Commanding Confederate Forces, Western Louisiana: GENERAL: I have the honor to acknowledge the receipt of your let. ter referring to the arrest of citizens between Opelousas and Alexan- dria immediately after the murder of Capt. Howard Dwight, an officer of my staff. The operations in which I was then engaged and the subsequent release of the citizens arrested under that order have occasioned delay in responding to your inquiry. 1 directed the release of the citizens arrested in pursuance of this order, first, because they had not received previous notice of my determi- nation in such cases, and second, because at the time of the release they had suffered sufficiently to make known to the people of the com- munity in which they lived the consequences of such crimes as that to which the order referred. I desire to say to you that I shall act upon the principles stated in my order, a copy of which I believe was sent to you, whenever such occurrences as that to which it relates shall be repeated. It is in accordance not only with the principles of justice, but with the usages of civilized warfare. I need not refer you to instances of this character that have occurred in the campaigns of the ablest generals of Europe. I appreciate fully, general, the justice of the sentiment you express in your note in regard to the course to be pursued in the unhappy contest in which we are engaged, but they do not apply to the case of Captain Dwight. There is nq~ officer more earnestly desirous of ameliorating the seventies of war than myself, but I believe that the recognition of just principles of punishment, in cases deserving it, and making that determination public, will be among the most effective methods of restraining men to lines of conduct which they can consistently and honorably pursue. It was for this pur- ~O5~ that my order was issued and executed. 1 respect the rights of men engaged in war, because they are responsible for their acts, and whenever any man falls in battle or is captured I am desirous of extending to him to the utmost of my power every assistance he can require. It is because as a soldier he is bound to perform the duties of a soldier, and he ought to suffer only the legitimate consequence of his acts. But men who abandon the ranks of their army, lagging behind upon plantations, in villages and towns, throwing off the equipments and customs of a soldier, have no right to the immunities of soldiers if they assume to exercise his power of wounding or killing those who Page 254 254 PRISONERS OF WAR AND STATE, ETC. they assume to be enemies. Such acts are not legitimate acts of war, and can only be considered and punished if attended with fatal conse- quences, as assassinations. On my march through the Teche country I passed hundreds of men in the different villages and towns arrayed as citizens, disclaimingto have belonged to the army, or to have arms in this contest, whom I had every reason to believe had but recently been soldiers. I allowed them to remain where I found them, upon their own protestations, enjoying undisturbed the peaceful rights of citizenssuch substan- tially was the case of the men who murdered Captain Dwight. They had abandoned the army to which they belonged, they had suffered my columns to pass them, secreting themselves in the houses or on the plantations upon the line of the road that we had passed, pro- fessing not to be soldiers, but assuming to be peaceful citizens, and receiving protection. After the army had passed, when a single officer upon the trail of his command follows his columns, these men take to their arms again and deliberately murder him. The facts in this case, I have every reason to believe, are not as they are represented to you. These three men challenged an officer unat- tended except by a body servant, both unarmed. Perceiving that his challengers were armed, he halted, both unarmed; upon their demand he surrendered. The bayou running between them made it impossible for them to capture him when so many of our troops were on the road, both in the front and rear, and to prevent his escape, whom they could not capture according to the rules of war, knowing him to be unarmed, and after his surrender to them as a prisoner of war, they deliberately mur- dered him. It is the same as if a soldier, unable to capture a wounded prisoner in order to secure possession, otherwise impossible, should murder him. In other words, being unable to execute their assumed right of capture, they committed the crime of assassination. I need not say to you, because it is no part of the case you are to consider, that Captain Dwight was one of the most upright and exemplary young men of his country. Never, in a single instance in his short but bril- liant career, had he failed to recognize what was due from a high-toned and heroic officer. On our march to Opelousas and while in occupation of that town he exerted himself to the utmost to restrain lawless men from infringement upon the personal rights or the appropriation to their own uses of the property of citizens of that town, and contrib- uted much to bring to the punishment of death men who had violated alike the laws of war and of property. His name and character were without blemish. The man does not live that can charge upon him the conminission of a dishonorable act or the omission of ~any duty imposed upon him by the laws of humanity or of honor. It is deeply to be regretted that such a man should lose his life under such circuin- stances, but it illustrated too strongly the conduct of the troops in that and other campaigns to allow it to pass without permanent correction, and if the sacrifice of his life shall result in suffering so flagrant air abuse of the rules of war and establish a different system of conduct, he will have achieved as great a good as other men accomplish in the longest life. His career will have closed with the evidence of his untiring efforts to restrain lawless men from the commission of crimes, arid the sacrifice of his life will illustrate the open and flagrant disre- gard of these principles by the men in arms against his country. I know, very well, general, as you say, that the citizens living upon the line of march cannot be said to have been active parties to this act, and are not liable to punishment as principals in the transaction; bu Page 255 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 255 it cannot be denied that the three men who committed this murder had been housed, protected, secreted, clothed, and fed during the night preceding and the day of the murder; that they had received infor- mation from the people living on the line of march ot~ the approach and passage of our troops, and, knowing that the way was clear, they stealthily appeared in arms upon the approach of a single unarmed officer. It onght to be said to these peol)le and to all people, whether in arms or not, that if they protect, secrete, encourage, assist, feed, and clothe men who abandon the army on its march for the assassination of stragglers who may fall behind the colunmns, that they must suffer the consequences of such acts. This is in accordance with the principles of justice and of war, and I need not say to you, general, that I will entorce them so far as I am connected with this service, both against the people who assume to be friends as against those who oppose the Government I serve; satisfied that this, if it can be effectually done, will put an end to one of the most infamous and barbarous practices of uncivilized war. I repeat, 1 appreciate the importance and justice of the sentiments embodied in your letter, but respectfully submit that they do not apply to the case in question. I have the honor to be, with much respect, your obedient servant, N. P. BANKS, Major-General, Go mmanding. OFFICE PROVOST-MARSHAL, Fort MeHenry, September 3, 1863. Bvt. Brig. Gen. W. W. MORRIS, U. S. Army, Fort Mclzfenry, Md.: GENERAL: In accordance with an order from headquarters Second Separate Brigade, I have the honor to report that untii I received the report of Medical Inspector George Suckley, U. S. Yolunteers,* I was wholly ignorant of any inspection having been made of the building used as a prison house at this post, as were all connected with this department. Could I have had the honor of explaining to Surgeon Suckley, I could undoubtedly have convinced him that, under the cir- cumstances, it was an utter impossibility to keep the prison in a state of cleanliness. I would most respectfully call your attention to the fact that the building referred to was formerly used as a stable; that th eoulyaltera- tions made since its use as a prison have been in throwing up some board partitions; that even the old stalls still remain, and that at the outside it ought not to receive more than 300 prisoners. ~I would also respectfully state that during my term of service I have had almost constantly o~ hand over 600 prisoners, over 500 of whom I have had to confine in this stable and the small inclosure around it, making it an impossibility, where men of all classes are thus huddled together, to keep it in a proper condition. I would also call your attention to the repairs and alterations now being made in this building through your influence, of the new barracks now being erected by order of the Commissary-General of Prisoners, showing his opinion of the necessity of better accommodation for the number of prisoners confined here. I would most respectfully call your attention to the report of Lieu- tenant-Colonel Murray, comm anding post, in h is in on thly in spection, accompanied by the post adjutant, former provost-marshal. See p. 240 Page 256 256 PRISONERS OF WAR AND STATE, ETC. Feeling, general, that J have worked faithfully and hard since my appointment to this post, and done all possible under the circumstances for the comfort and benefit of prisoners, and knowing that in a short time, with the means now at my disposal, I can place the building in such a condition as to seek myself an inspection from the medica~1 director, I have the honor to be, very respectfully, your obedient servant, E. W. ANDRE WS, JR., Lient., Fifth New York Volunteer Artillery, and Provost-Marshal. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., September 3, 1863. Maj. Gen. GEORGE G. MEADE, Commanding Army of the Potomac: GENERAL: I am instructed by the Secretary of War to say that hereafter deserters from the rebel army found within the limits of your command will be disposed of primarily at your discretion. If dis- charged on taking the oath of allegiance or on other terms a descriptive list of each case will be preserved at your headquarters and a copy transmitted to this office as a means of detecting any violation of the condition of the discharge. I am, general, very respectfully, your obedient servant, W. IIOFFivIAN, Colonel Third Infantry and Commissary- General of Prisoners. (Same to General Cadwalader, Philadelphia, with slight verbal changes; General lleintzelman, Defenses of Washington.) OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., September 3, 1863. Brig. Gen. S. A. MEREDITH, Commissioner for Exchange, Fort Monroe, Va.: GENERAL: There are a number of citizens on parole in various parts of the country whose exchange should be covered by a declaration similar to that made by Mr. Ould, section 8 of declaration No. 5, with the limitations indicated in my letter to Colonel Ludlow of June 17, 1863. Please refer to Colonel Ludlows letter to me of June 19, 1863, in which he proposes to make the necessary correction in the next declara- tion, and also to his letter of June 10. I have several applications for exchange of civilians before me, but as the above will cover all cases I do not refer to them. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. OFFICE COMMISSARY-GENERAL OF PRISONERS Washington, D. C., September 3, 1863. Lieut. Col. W. S. PIERSON, Commanding Depot Prisoners of War, Sandusky, Ohio: COLONEL: Your letter of the 26th asking for information as to the l)robable number who will be held at the depot is received. There is not at this time any prospect of any further deliveries of l)risoners o Page 257 CORRESPONDENCE, ETC.UNJON AND CONFEDERATE. 257 parole, and you may therefore expect that as many will be sent to the island as the barracks can accommodate, and you will immediately take steps to obtain such a supply of all necessary stores as will meet all demands during the winter, making due allowance for the time when the crossing may be interrupted by insecure ice. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. WAR DEPT., PROYOST-MARSHAL-GENERAL5 OFFICE, Washington, D. C., September 3, 1863. Lient. Col. JAMES GAKES, U. S. Army, Acting Assistant Provost-Miarshal- General, Springfield, Ill.. COLONEL: I am directed by the Provost.Marshal-General to acknowl- edge the receipt of your communication of the 26th ultiino, inclosing letter from C. P. Robinson asking to be detailed with 100 other paroled men from Benton Barracks, Mo., to assist in enforcing the draft in Illinois, requesting that their services be obtained, if possible. In reply I am instructed to say that the papers were referred to Col. William Hoffman, Commissary-General of Prisoners, and returned with the fol- lowing indorsement: OFFICE COMMISSARY-GENERAL OF PRISONERS, September 2, 18e3. Soldiers on parole cannot, without violating it, be employed in enforcing the draft. Respectfully returned. WILLIAM HOFFMAN, Commissary- Genes-at of Prisoners. I am, colonel, very respectfully, your obedient servant, HENRY STONE, Assistant Adjutant- General. GENERAL ORDERS, IIDQRS. DEPARTMENT OF THE OHIO, No. 144. Cincinnati, Ohio, September 3, 1863. 1. From and after this date no permits whatever will be granted to visit the prisoners confined in the various military prisons of this depart- ment, excepting from these headquarters, from Brig. Gen. N. C. McLean, provost-marshal-general, or the commanders of the different districts in which said military prisons are located; and in no case )vill such per- mits be given to any citizens without their first taking the oath of alle- giance. H. A reasonable amount of underclothing will be allowed to be sent to the prisoners by their friends; and such outside clothing (of a gray color) as in the judgment of the officer commanding the prison may be absolutely necessary. By command of Major-General Burnside: W. P. ANDERSON, Assistant Adjutant- General. [Indorsement.i HEADQUARTERS DEPARTMENT OF TILE OHIO, 6incinnati, September 26, 1863. Respectfully referred to Colonel Hofflnan, U. S. Army, Commissary- General of Prisoners, who will please indorse hereon what modifications, 17 R RSERIES II, VOL V Page 258 258 PRISONERS OF WAR AND STATE, ETC. if any, this order requires to make it conform to instructions or orders from office of the Commissary-General of Prisoners. A. E. BURNSIDE, Major- General, Commanding. By W. P. ANDERSON, Assistant Adjutant- General. HEADQUARTERS CAVALRY BRIGADE, Near Crystal Springs, September 3, 1863. Col B. S. EWELL, Assistant Adjutant- General: COLONEL: In obedience to instructions 1 submit the following report in reference to the banging and shooting of Federal prisoners and negroes in arms captured at Jackson, La., on the 3d nltiino: Several negroes were captured at that place and turned over to a guard from Colonel Griffiths Arkansas regiment mounted infantry. I was in front of the comm~ind when a report came to me that Colonels Griffith and Powers had marched the negroes forward before the com- mand left camp at Centerville, and supposing they had takeii the wrong road I sent a staff officer to turn them back, who came back to me and reported that tbey said they would join the command via near route in advance of Centerville. After some time these officers came up and brought no negroes. I immediately demanded what disposition had been made of them, when they reported in substance what is stated in their inclosed reports. Other reports came saying they had been sent to Mobile, & c. I rebuked Colonels Powers and Griffith severely for making any disposition of them without my orders. My own opinion is that the negroes were summarily disposed of, by whom I cannot say, as all deny any other statements, except the inclosed letters of Colonels Powers and Griffith. I do not know that any Fed- eral officers or soldiers were missing. The whole transaction was contrary to my wishes and against my own consent. In regard to the hanging of negroes captured after the fight, I can only submit the inclosed communication* from Brigadier-General Andrews, U. S. Army, and my reply,* which fully explains my position, and which I presume is a final terminus to the affair. I am, colonel, very respectfully, your obedient servant, JNO. L. LOGAN, Commanding Brigade. [Indorsement.] HEADQUARTERS CAVALRY IN Thssisswrn, Canton, September 17, 1863. Respectfully forwarded. Do not consider it to the interest of the service that this matter be further investigated at present, as a court of inquiry or court-martial will afford the only means of gaining correct information. 5. P. LEE, iJiajor- General, Commanding. [Inclosure No. 1.] IIEADCIJARTERS, Near Crystal Springs, Miss., September 2, 1863. Col. JOHN GRIFFITH, Commanding Regiment Arkansas infantry: COLONEL: Inclosed find an order from General Johnston, which I am directed by Colonel Logan to forward to you, it having been rumored See Andrews to Logan, August 5, p. 177, and Logan to Andrews, August 8, p. 189 Page 259 CORRESPONDENCE, ETC.UNJON AND CONFEDERATE. 259 in camps that your command captured and hung or shot certain Fed- eral l)risoners and negroes in arms at Jackson, La., on the 3d ultimo. Colonel Logan directs that you make a full report of all the facts attendant upon this matter and forward the same in writing without delay to these headquarters. I am, colonel, very respectfully, your obedient servant, NED WARHEN, Assistant Adjutant- General. (Same to Col. Frank Powers, chief of cavalry.) [Inclosure No. 2.] HEADQUARTERS CONSOLIDATED REGIMENT, September 2, 1863. Colonel LOGAN, Commanding Brigade: COLONEL: In reply to your note just received and herewith inclosed I would say that a squad of negroes was captured on or about the 3d of August at Jackson, La. When the command started back the negroes, under guard, were ordered on in advance of the command, and learning that the guard had taken the wrong road, Colonel Powers and myself rode on in advance to put them in the proper route for camp. About the time we were reaching them, or shortly before, four of the negroes attempted to escape. They were immediately fired into by the guard. This created some excitement and a general stampede among them, all attempting to effect their escape, whereupon the firing became ~e ieral upon them from the guard, and few, I think, succeeded in making good their escape. There were no Federal prisoners among them, having beemi separated the night previous. No further particu- lars remembered. I am, colonel, very respectfully, your obedient servant, JOHN GRiFFITH, Colonel, Commanding Regiment. [Inclosure No. 3.] HEADQUARTERS CAVALRY COMMAND, September 2, 1863. JOHN L. LOGAN, Colonel, Commanding: COLONEL: In compliance with the inclosed order I would say a squad of negroes (in arms) were captured at Jackson, La. The morning after the affair at Jackson, Colonel O-rifijth and myself ordered the negroes several hours in advance of the command, so as to arrive in camp at the proper time. Finding the guard took the wrong road, myself and Colonel Griffith rode in advance of the command so as to notify them of the fact and order them back. On the route back four of the negroes attempted to escape. I ordered the guard to shoot them down. In the confusion the other negroes attempted to escape likewise. 1 then ordered every one shot, and with my six-shooter assisted in the execution of the order. I believe few escaped, most of them being killed instantly. There were not ammy Federal prisoners with the negroes. I am, colonel, yours, respectfully, FRANK POWERS, Colonel and Chief of Cavalry Page 260 260 PRISONERS OF WAR AND STATE, ETC. SAINT Louis, September 4, 1863. Colonel KINCAID, Alton, Iii.: Use extra vigilance about guarding the prison at night, as we have grounds for supposing that efforts may be made from without to rescue the prisoners. 0. BIROADHEAD, Provost-Marshal- GeHeral. WASHINGTON, September 5, 1863. General MEREDITH: You are authorized to offer in exchange for General Graham any one of the brigadier-generals paroled by General Grant and now in the South. You will not offer any officer now held as a prisoner of war in the North. E. A. HITCHCOCK, Brigadier- General of Volunteers, & c. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, September 5, 1863. Col. WILLIAM HOFFMAN, Commissary- General of Prisoners, Washington, D. C.: COLONEL: Yours of tile 3d instant is received. I do not know of any special cases of exchange of civilians. I inclose for your approval a declaration of exchange in accordance with section 8 of declaration No. 5, by the rebel agent, with the limitations indicated in yours of June 17, 1863, to Lientenant-Colonel Lndlow. I shall await yonr decision on this before notifying the rebel authorities. XTery respectfully, your obedient servant, S. A. MEREDITH, Brigadier- General and Commissioner for Exchange. P. S.I have included sutlers, as the rebels have done. [Inclosure.] OFFICE COMMISSIONER FOR EXCHANGE, Fortress Jhilionroe, Va., September 5, 1863. All civilians and sutlers who have been arrested by the Confederate authorities at any time before September 1, 1863, and who have been received at City Point or at other places across our lines, are hereby discharged from any and every obligation contained in any parole they may have given to the enemy. S. A. MEREDITH, Brigadier- General and Commissioner for Exchange. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., September 5, 1863. Brig. Gen. JOHN S. MASON, Commanding, Columbus, Ohio: GENERAL: I have the honor to inclose herewith rolls* of the aroled prisoners of war recently arrived at Camp Chase, whose paroles * Omitte4 Page 261 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 261 being dated after the 22d of May, and they not having been delivered at a place designated in the cartel, are not valid, and these men should therefore, under the orders of the War Department heretofore issued, be ordered to their regiments. Those named on the rolls who were captured at Gettysburg must be deserters from their regiments, as all who were paroled at that place were soon after ordered to join their regiments, which order these men, it would appear, failed to obey. I would respectfully suggest that all soldiers reporting at Camp Chase under paroles which are not valid be not reported among the paroled troops, but ordered to duty at once, to be sent to their regiments by the first opportunity. I am, general, very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. HEADQUARTERS DEPARTMENT OF WEST VIRGINIA, Dublin, & ptember 5, 1863. Col. W. II. ~OWELL, U. S. Army: COLONEL: In reply to your coinmuiiicatiou of August 29 the major- general commanding directs me to say that you are not in close confinement by his order. Two charges alleged against you were communicated to the War Department, with the suggestion that they be investigated before you were exchanged. One of the charges was for shooting a Confederate prisoner deliberately. This charge was made by one of your own men, who was taken prisoner on the Wythe- ville raid, and who voluateered the information. He says he saw you commit the murder. The other charge was burning the houses and barns of Messrs. Handley and Feamster, near Lewisburg, on or about the night of the 9th or 10th of January last, in violation of all law, civil and military. Mr. Handleys house was set on fire when his wife and children were in bed asleep, and they just had time to escape without shoes or proper clothing, on a very cold night. If you can show that these acts were not committed by you or your authority, or ifcoinmitted by you when acting under orders, the authorities will no doubt place you on a footing with other prisoners. Any communica- tion you (lesire to make to General Scammon or other officers, to procure the necessary proof, will, if forwarded to these headquarters, be for- warded by flag of truce. Respectfully, & c., W. B. MYERS, Major and Assistant A~jntant- General. [Thdorsement.] Linn~ PRISON, Richmond, Va., & ptember 30, 1863. In answer to the within charges I respectfully reply as follows, to wit: The charge of shooting the Confederate soldier is, as I suppose, based upon the fact of my having shot a Confederate soldier in a regu- lar cavalry charge, made by me on the 7th of January, 1862, in obedi- ence to an order from Col. William M. Bolles, Second Regiment West Virginia Volunteer Cavalry, U. S. Army, who was then commanding said regiment and present at the time the charge was made arid the man shot, a written statement of which, containing the facts in the case, is now in the hands of the Secretary of War Ui America, furnished by said Col. W. M. Bolles. States o Page 262 262 PRISONERS OF WAR AND STATE, ETC. The second charge, to wit, that of burning the houses and barns of Messrs. ilandley and Feainster, was done by an order issued by Brig. Gen. George Crook, U. S. Army, to J. C. Paxton, colonel commanding Second Regiment West Virginia Volunteer Cavalry, U. S. Army, and transmitted to me by Colonel Paxton. Said property was flied by my order about the time referred to, after a notice of twenty minutes had expired, and assistance rendered to clear the house. The object in firing said property was to draw two regiments of C. S. troops, then in and near Centerville, Monroe County, W. Va., to Lewisburg, in Green- brier Connty, to clear the road for the movement of a detachment of the Second West Virginia Cavalry, under command of said Colonel Paxton, who was nnder orders to proceed to the Tennessee and Virginia Railroad to destroy the railroad bridge across New River, said detach- ment being compelled to pass through Centerville en route for said bridge, which point could not have been passed until after said demon- stration was made on Lewisburg, or in its direction, to draw said troops from said point. Yours; very respectfully, ~. ~. POWELL, Colonel Second Regi~nent West Virginia Vol. Cavalry, U. S. Army. C. S. MILITARY PRIsoN HOSPITAL, Richmond, Va., September 5, 1863. Brig. Gem J. H. WINDER, Commanding Department of Henrico: SIR: In obedience to your order I have the honor to submit the following report of the sanitary condition of the Libby Prison and hospital: The buildings used for the above purposes, situate at the corner of Cary and Twentieth streets, are admirably adapted to the purposes for which they are now used. The prevailing wind (south), unobstructed by adjacent buildings, secures thorough ventilation. The strict attention paid to cleanliness has secured an entire exemp- tion from typhus or jail fever, not a single case having occurred since I have been in charge (January 20). During the past quarter thirteen cases of scurvy have been admitted into the hospital. Of smallpox only five cases have occurred. Contrary to my advice an assistant surgeon of the I~deral Army vac- cinated a number of the officers with pus (not lymph) taken from the arm of another assistant surgeon (also a prisoner), producing a spurious form of vaccination from which a number are now sulforing. This virus had probably passed through a system affected with secondary syphilis. Typhoid fever is of rare occurrence, but two cases having been admitted during the last mouth. Dysentery and diarrhea have beemi the prevailing diseases for the last three months. The cases have been mild in character and have yielded readily to treatment. The floors of the hospital are scrubbed once daily; swept thrice and oftener if required. Strict attention is paid to the washing and ironing of clothing and ventilation of hospital. Bathrooms and water-closets are attached to each floo Page 263 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 263 The latter are on the outsidc of the building and are kept scrupulously clean. Medicines and instruments of the finest quality are furnished by the medical purveyor of the C. S. Army. l)iet abundant and usually of good quality; is well cooked and gen- erally is in excess. I purchase any delicacy for special cases that may be required. Jn my opinion fewer cases of scurvy have occurred in this prison than would have occurred among the same number of men subjected to tile privations of camp life, and I believe the disease could be entirely pre. vented by the issuing of one ration daily of fresh vegetables. Added to this report will be found a report of the number of cases treated for the last three mouths, and list of mortality. One hundred patients is rather under the average of cases treated daily in prison quarters and on Belle Isle whose names are not recorded and who do require hospital treatment. Number of cases treated iu the hospital during the month of June, 1863 ... 170 Cases of scurvy . . . 1 Deaths 14 Cases treated iii July 233 Cases of scurvy 1 Deaths 12 Cases treated in August - 247 Cases of scurvy 11 Deaths 6 Respectfully submitted. JOhN WILKINS, - Surgeon of Libby Prison Post. U. S. GENERAL HOSPITAL, Gettysburg, Pa., September 6, 1863. Col. WILLIAM lloFF~IAN, C6mmissary-Geueral of Prisoners: The prisoners of war in this hospital are those remaining wounded 1)risoners, the severity of whose wounds have prevented their removal to other hospitals. At the date of inspection 594 wounded prisoners were remaining and 109 attendants, also prisoners. Seven surgeons who were with them when captured still remain On duty and are gen- erally useful. The surgeon in charge informed me that he had use for them all, as contract physicians would have to be employed in their place. There are about the same number of U. S. soldiers in this hos- pital and the patients have been separated as far as practicable. It is a large camp hospital and the patients all fare alike aIMI are well cared for in every way. The camp is in excellent condition and kept in good l)olice; the kitchen well organized and food of excellent quality and well prepared is furnished to the patients. The professional attend- amice is ample and of good quality. The prisoners are very cheerful and well contented with their present condition. The present guard con- sists of one captain, one lieutenant, and fifty-six privates. It is very inefficient. Pants, shirts, and socks are needed. A sufficient supply of hospital clothing remains on hand. Have a sutler who is taxed for the benefit of the hospital. The general instructions furnished by the Commissary-General of Prisoners have been adhered to. In my opin- ion this hospital can be broken up in a month hence, as all the patients themi remaining will be able to be transferred by that time to perma- nent hospitals. C. II. CRANE, Surgeon, U. S. Army, late Medical Inspector Prisoners of War Page 264 264 PRISONERS OF WAR AND STATE, ETC. OFFICE PROVOST-MARSHAL-GENERAL, Saint Louis, September G, 1863. Col. WILLIAM HOFFMAN, Commissary- General of Prisoners, Washington: COLONEL: I have the honor to inform you that in obedience to youi letter of August 13, I made a personal inspection of the Gratiot and Myrtle streets prisons, also the hospitals attached, and ordered the quartermaster to make such repairs and alterations as were recoin- mended in your letter. As to the matter of providing more vegetable food for the prisoners in the hospital, I was informed by the surgeon in charge that the deficiency had already been remedied to the satisfac- tion of the medical inspector. As soon as the repairs are finished I will send you a copy of the quartermasters report. I am, colonel, very respectfully, your obedient servant, JAS. 0. BROADHEAD, Lieutenant- Colonel and Provost-Marshal- General. SPECIAL ORDERS, ~ C. S. MILITARY PRISON, No. . 5 Richmond, Septentber 6, 1863. Under no circumstances is punishment of any kind to be inflicted on prisoners of war except by express direction from the officer command- ing, and then the maimer of punishment must be prescribed by him. By order of Brigadier-General Winder: THOS. P. TURNER, Captain, Commanding, & c. HEADQUARTERS DISTRICT OF WESTERN LOUISIANA, September 7, 1863. Maj. Gen. N. P. BANKS, Commanding U. S. Forces, Southern Louisiana: GENERAL: In reply to your communication of the 18th August rela- tive to prisoners Captain Allen and Lieutenant Page, of the U. S. Army, I have the honor to inform you that the statement that these officers are held iii close confinement and in irons is incorrect and without foundation. These prisoners are no longer under my control, and although confi- dent that your information was incorrect, it was necessary to ascertain the fact definitely to communicate with the lieutenant-general com- manding the department, hence the delay which has ai~sen in replying to your communication. I have the honor to be, with great respect, & c., R. TAYLOR, Major- General, Commanding. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., September 7, 1863. Hon. DAVID TOD, Governor of Ohio, Columbus, Ohio: SIR: The attention of the rebel authorities at Richmond has been called to the case of Col. W. H. Powell, Second West Virginia Cavalry, reported to have been placed in a dark, damp cell, aloiie, & c., and I learn from General Meredith, commissioner for exchange of prisoners, that in reply the charges are pronounced to be utterly false. The abov Page 265 CORRESPONDENCE, ETC. UNION AND CONFEDERATE. 265 facts have been communicated to your military State agent, J. C. Wet- more, who has (loubtiess informed Your Excellency of them. The matter of the removal of Camp Chase to a new site was laid before the Secretary of War by the Quartermaster-General at the time I tele- graphed to you, and I have mentioned it since, bnt as yet I believe no action has been taken. I have been unable to forward the letter you inclosed to me some time since for Captain Ferguson, because it is addressed to no place, and without something more definite is given than the number of the regiment to which he belongs the post-office people will scarcely take the trouble to forward it. Very respectfully, your obedient servant, Colonel Third Infantry and Commissary- General of Prisoners. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., September 7, 1863. Lient. Col. J. 0. BROADHEAD, Provost-Marshal, Saint Louis, Mo.: COLONEL: Your letter of the 30th in relation to the disposal of pris- oners is received, and in reply I have to direct that whenever you have more prisoners to dispose of than can be provided for in Saint Louis or at Alton you will please report to me and 1 will direct to what place they shall be ordered. There should be at no time more than 1,000 prisoners at the Alton prison. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. MILITARY PRISON, Alton, Ill., September 7, 1863. Major-General SCHOFIELD, Commanding Department of the Missouri, Saint Louis: GENERAL: I would respectfully represent that there are some eight or ten rebel officers now in this prison, including Jell Thompson; that there is no way to prevent the great body of the prisoners from asso- ciating with them unless they are placed in close confinement. They have a powerful influence over the mass of rebel prisoners with whom they necessarily mix. They may make a concerted attacks on the guard muider their directions. I would respectfully suggest whether it would not be best to have them taken to Johnsons Island, as this can now be done without danger of carrying the smal1po~ with them. I am, colonel, very respectfnlly, your obedient servant, G. W. KLNCAID, Colonel, Commanding Prison. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, JLchmond, September 7, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: I confess my great astonishment in not receiving one word from you in reference to the very grave and important matters which wer Page 266 266 PRISONERS OF WAR AND STATE, ETC. the subjects of discussion between us in our interview at City Point. That interview took place two weeks ago. You stated that you were not prepared to accept or reject the proposition which I then made, but that you would immediately inform your Government of its nature and give me a speedy answer in person or by letter. Though two boats have been dispatched from Fort Monroe to City Point, and two weeks have elapsed since our meeting, no reference or allusion to the subjects of controversy has been made by you. At our interview you told me, in answer to my urgent request, that there should be no delay; that not more than a week would elapse before you would be prepared with your answer. Under these circumstances, if you were not ready, every consideration would seem to demand that some excuse should be fur- nished or the delay explained. As, however, you do not refer to the matter at all, I am left only to draw the conclusion that you do not intend to give an answer to my proposition. I therefore inform you that the Confederate authorities will consider themselves entirely at liberty to pursue any course with reference to my written proposition to you which they may deem right and proper under all the circum- stances of the case. Respectfully, your obedient s6rvant, 110. OULD, Agent of Exchange. RICHMOND, September 7, 1863. Brig. Gen. S. A. MEREDITH, A gent of Exchange: SIR: I respectfully decline your proposition to exchange Brig. Gen. Charles K. Graham for Brig. Gen. M. L. Smith. You seem to be labor- ing under some strange mistake in this matter. The last-named officer has already been exchanged and you have received the equivalents. I so notified your predecessor on the 13th of last July. The flag-of-truce boat will not be detained at City Point for General Graham. Even if Brigadier-General Smith had not been exchanged, I should not be disposed to favor the proposal of an e~chamige of an officer in captivity for one released on parole when you have several officers of the same grade in confinement. The offer is so extraordinary in all of its aspects that I hope I do not transgress the bounds of propriety in stating that you knew it would be and ought to be rejected in conse- quence of its manifest inequality. Respectfully, your obedient servant, 110. OULD, Agent q/ Exchange. CONFEDERATE STATES OF AMERICA, WAR I)EPARTMENT, Richmond, September 7, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: Will you agree to furnish a list of all the officers whom you have in confinement in your different l)risons if I do the same as to yours in confinement at the South ~ It will save us a great deal of trouble and enable us to give much satisfaction to our respective peo- ple. As it is now when any inquiry is made of either of us it has to be referred to the other. Considerable delay takes place before the itifor- mation is obtained, and when it does conic it is not always reliable. Jim two or three cases of papers received from you to-day where Colone Page 267 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 2~7 Hoffman makes the indorsement No record the friends and relatives have received letters from the parties stating where they were. Respectfully, your obedient servant, hO. OULD, Agent of Exchange. HEADQUARTERS DEPARTMENT OF HENRICO, Richmond, September 7, 1863. Col. A. D. STREIGHT, U. S. Army, Present: COLONEL: A reply to your communication of August 31, 1863, to the honorable Secretary of War, Confederate States of America, has been withheld for the remarks of Robert Ould, esq., commissioner of exchange. Your statement has been submitted to Mr. Ould, and I herewith inclose his reply. In addition to the facts stated by Mr. Ould we have official information of cruel treatment of Confederate prisoners confined at Fort 1)elaware and Point Lookout that surpasses in enormity the horrible outrages detailed by him. At the first-named post Confederate prisoners are prevented from receiving either supplies or money from their friends. At the latter place our prisoners are required to perform hard labor, and in case of refusal are tied up by the thumbs and other- wise cruelly treated. These known facts, corroborated as they are by those set forth in the inclosed l)rinted statement taken from your own printed papers, cannot fail to convince you that a system of treatment has 1)eei inaugurated by the United States Government to Confederate prisoners infinitely worse, more imihuman, uncivilized, and barbarous than any to which you and the officers confined with you have been subjected. With reference to the seizure of moneys found upon your person, per- mit me to call your attention to my letter upon that subject, bearing date June 10, 1863, wherein the following language is used: Your own Government has, in orders published to the world, declared that any unusual quantity of money found on the person of those captflre(l should be con- sidered as public property, and as such should be taken possession of for the use of the United States. This rule applies to your case, and under it the money found in your possession will be turned over to the Confederate States as public property. Your communication to General Forrest has been communi- cated to him, but no answer has been received, and I see no reason at present to change my views as above expressed. Relative to the charge contained in your comnmunication~of the rations furmiished you being in sufficient to sustain life, & c., I would state that the question is now under examination, and any misapplication of your rations or mismanagement in the manner in which they are furnished will be corrected. Very respectfully, JNO. H. WINDER, Brigadier- General. [Inclosurel RICHMOND, VA., September 3, 1863. Brig. Gen. JOHN H. WINDER: SIR: As to Colonel Streights complaint about want of room, I beg to state that full and satisfactory evidence was presented to me that as many as fifteen of our officers were confined at Fort Norfolk in a roo Page 268 268 PRISONERS OF WAR AND STATE, ETC. about fifteen feet square, with no window, but only a slinpie slit in the wall; that they were not allowed to go out of that room at all, but were compelled to perform the operations of nature there in a tub, which was only removed once in twenty-four hours. Scarcely a day~ passes that I do not receive accounts of inhumanity and barbarity prac- ticed upon our prisoners at the North, and especially at Fort Delaware and Point Lookout. At the latter place they are compelled to perform all kinds of work, and if they refuse they are mercilessly punished. I saw a man a few days ago who had received brutal punishment for refusing to work. Our officers and citizens are often compelled to do regularly the most disgusting and filthy labor, such as cleaning prison ships, 1)rivies, & c. A ball and chain for them is a common thing. I have also received many complaints as to the quantity and quality of provisions furnished to our men. It is a very common thing to take away their money and never return it; in some instances they take away good money and return counterfeit. No man is more opposed to the harsh treatment of prisoners than I am. I think it very questionable if retaliation should ever be allowed to take that form. Although our own people have been subjected to the indignities and outrages I have named, I am opposed to overcrowding or semi-starving the men who have invaded our land for the purpose of subjugation. I think that Colonel Streight must have exaggerated the matter very much. Even if he has not, we have more than a precedent in the treat- ment of our prisoners by our enemies. I have no doubt you will make due inquiry into the subject and correct any abuses which may exist. Colonel Streight can at least congratulate himself in one respect he has not been shaved and dressed in convicts clothes. The Federals have so treated General Morgan and his officers, who aie alleged to be held as hostages for Colonel Streight and his command. I have official evidence in my possession which I can furnish to Colonel Streight that General Morgan and his officers have been so treated. To what base- ness and inhumanity would not an enemy descend who could so cause- lessly inflict such an indignity upon a brave and gallant gentleman ~ Semi-starvation is nothing to it. I have been told by persons whom I know to be truthful gentlemen that they have beeii compelled to go a whole day without any food. As to the refusal to allow Colonel Streight to appropriate money for purchases, I beg leave to state that a recent order emanating from Federal authority prevents our prisoners from receiving food or clothing from their friends. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. OFFICE COMMISSARY-GENERAL OF PRISONERS, Brig. Gen. ~. A. MEREDiTH, Washington, D. C., & ~ptember 8, 1868. Commissioner for Exchange of Prisoners, Fort Monroe, Va.: GENERAL: Your letter of the 5th instant, with the accompanying declaration of exchange of civilians, is received. I would respectfully suggest that the time covered by this declaration should be limited to the date fixed in eighth section of Mr. Oulds declaration of May 11, viz, May 6, 1863, as it is intended only to supply an omission in ou Page 269 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 269 declaration of May 9, the first section of which covers only citizens delivered at City Point. Whether it will be proper to include satlers depends upon the understanding between Colonel Ludlow and Mr. Ould at the time the declaration was made. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Ii~fantry and Commissary- General of Prisoners. HEADQUARTERS DEPARTMENT OF THE GULF, iViobile, Ala., September 8, 1863. General S. COOPER, Adjutant and Inspector General, Richmond, Va.: GENERAL: I have the honor to inclose a report and the papers in the case of Brig. Gen. Neal Dow, and respectfully request further instruc- tionsin the case. Very respectfully, general, your obedient servant, DABNEY H. MAUiRY, Major- General, Commanding. [First indorsement.] SEPTEMBER 17, 1863. SECRE.TARY OF WAR: A report upon the case of Brigadier-General Dow, of the U. S. Army: The facts reported are that General Dow, while in command in Pen- sacola, 1862, had enlisted soldiers (negroes) under his command, some of whom were slaves of persons residing in Florida and that he made a speech in the presence of slaves to the effect that the masters of slaves in the South had used them cruelly and that they (the U. S. authorities) would avenge their wrongs. Also, that while in command in Louisiana he had commanded a detachment of negro troops that opened one of the parish jails and proclaimed freedom to the slaves that were in custody. The military court in Mobile hold that the resolutions of Congress of the 1st of May, 1863, do not authorize a proceeding against an officer for acts done prior to their adoption, and that the facts do not authorize charges against General Dow. Instructions are sought from the Department as to the disposition to be made of him. The communication of the judge-advocate, inclosed, presents the reasons upon which the military court have come t~ their conclusion. Respectfully submitted. J. A. CAMPBELL, Assistant Secretary of War. [Second indorsement.] SEPTEMBER 19, 1863. ADJUTANT-GENERAL: Orders should be given for the return of General 1)ow to this city, to be kept with other captured officers till exchanged. From the report of the judge-advocate it does not appear that he can be proceeded against under the joint resolutions of Congress. J. A. S Page 270 270 PRISONERS OF WAR AND STATE, ETC. [Inclosure No. 1.] MILITARY COURT, MAURYS CORPS, Mobile, Ala., August 22, 1863. Lient. Col. G. G. GARNER, Chief of Staff, Mobile, Ala.: COLONEL: I respectfully report as follows in relation to the case of General Neal Dow: Upon the receipt of the communication of V. Beand, lieutenant, C. S. Army, to the Secretary of War, referred to this court under order of the President, I immediately applied through you to Richmond for a copy of the joint resolutions of Congress, approved May 1, 1863, a copy not having been previously furnished the court. After receiving the resolutions, with as little delay as possible I saw Lieutenant Reand and the gentlemen mentioned in his communication (Messrs. Burthe, La Barre and Le Breton), and after a full interview procured from them statements of all facts in the personal knowledge of each, bear ingon the conduct of General Dow, copies of which are forwarded herewith. I also saw Messrs. Thomas B. and Henry P. Smith and Mr. Char1e~ 0. Drake, whose statements in regard to occurrences at Pensacola, Fla., are also inclosed. It will be observed that the dates of the occurrences known by Lieutenant IReand, Messrs. Smith and Drake are all anterior to that of the resolutions. Messrs. Burthe, La Barre and LeBreton know noth- ing except the fact of Dow being in command at Camp Parapet, near New Orleans, which in the absence of proof of other facts, of course, amounts to nothing. The time of this command at Camp Parapet, though not stated, was, I believe, Tebruary and May, 1863. The joint resolutions approved May 1, 1863, in the opinion of the individual members of the court, were not intended to have a retro- active effect as to cases under sections 4 and 5, and do not embrace such cases occurring previously to May 1, 1863. The terms used in these sections are, shall command, shall arm, & c., shall during the present war excite, & c. This would seem to imply an intention to confine the operations of these sections to acts subsequent to the passage of the resolutions and to conform to the constitutional pro- vision and rule of criminal jurisprudence that no ex post facto law shall be passed. This view is sustained by the circumstance that in section 3, authorizing the President to retaliate for violatioiis of th~ usages of war, the terms used are, shall be or has beeii done, & c. The resolutions do not simply provide a remedy or appoint a forum for violations of a previous law, bat create a new offense. The indi- vidual iiiembers of the court are therefore of th~ opinion that to sustain a charge before this court under sections 4 and 5 facts of a date later than May 1, 1863, should be proved. Under these circum- stances I have thought it proper to make this report and ask for instructions. Very respectfully, your obedient servant, E. J. FITZPATRICK, Judge-Advocate. [Inclosure No. 2.] I know that General Neal Dow was generally understood to be in command at Pensacola a few days before the time of its evacuation by the U. S. forces, and for some time before; that every one who went about the wharves or any of the places of business of the troops was required to have a pass from him; that I had a pass myself which 1 saw him sign in person, as the officer commandingL there; that ther Page 271 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 271 were negroes there without arms or uniform who were drilled by non- commissioned officers wearing the uniform and purporting to belong to the Seventh Vermont Regiment, the drilling being inside of the picket- lines of the enemy and sometimes iii the town of Pensacola. I knew one negro named Ben, the property of Dr. John Brosenham, who rep- resented himself as captain of a company, and whom I have seen con- ducting a company of negroes as commanding officer, or officer in charge, to the ground for drill. I heard this negro, Ben, recruiting among the slaves and trying to get them to enlist. I know that negroes who caine into Pensacola were carried into the office [of] General Dow while he was there, and, after being brought, were sent to the contraband quarters and put to work on breast-works and the Government works, and were allowed to draw rations from the military supplies there. Of these negroes I knew one named George, who beloiiged to Capt. Alex- ander Bright; one named Ca~sar, generally reported to be a slave, but whose I do not know; another named Bob, belongii~g to William H. Baker, and probably fifteen or twenty others whom I knew to be slaves, but whose names and owners names I cannot now recollect. I knew a negro named Vemp belonging to John MeCloskey, of Pemi- sacola, who was generally addressed as and understood to be a lieu- tenant. Bob Baker, mentioned above, was generally understood to be an orderly sergeant. I heard Neal Dow make a speech on a presenta- tiomi by him of a flag to a Maine regiment in which he spoke, substan- tially, among other things, as follows: Fellow-men of Maine: Just to think that these people down South have been in the habit of whipping these poor colored slaves simply because they are colored and they have been under their thumbs. The way we will revenge ourselves will be to lay the lash on them. This was said in the presence and hearing of a large number of negroes. There were no negroes there that I know of except such as had fled to Pensacola from different parts of the Confederate States. If any had been brought in there from any where else I think 1 should have known it. All negroes there were re(lnired by orders, made known by notices posted on the streets, to take the oath of allegiance to the United States. I saw numbers of them take that oath. These things were all during General Dows command at Pensacola, which began about August 1, 1862, and ended in March or April, 1863. THOMAS B. SMITH, Private, Company C, Third Florida Battalion of Cavalry. HENRY P. SMITH, Private, Company C, Third Florida Battalion. [Inelosure No. 3.1 MOBILE, August 18, 1863. Capt. E. J. FITZPATRICK, Judge-Advocate: SIR: After reading carefully the charges made against General Neal Dow, of the U. S. Army, and upon which you desire to have a state- ment from me I have to state that I do not know of my own personal knowledge any of the facts nientioned in said charges. My plantation was within short distance of Camp Parapet, where General Neal Dow had his headquarters; but I could not go through the lines for want of a pass, which was only granted to those who had taken the oath of alle- giance, and therefore I know nothing of what was going on in the camp except by hearsay. Respectfully, your obedient servant, A. L. LA BARRE Page 272 272 PRISONERS OF WAR AND STATE, ETC. I have the honor to offer the above as my report upon the charges made against General Neal Dow. My plantation was adjoining to that of Mr. La Barre, and I know nothing of my own personal knowledge. CHAS. LE BRETOK. [Inclosure No. 4.] MOBILE, August 18, 1863. Capt. E. J. FITZPATRICK, Judge-Advocate: SIR: In answer to your request that I should state what I know of the charges made against the Federal General Neal Dow, now a pris- oner iu this city, allow me to state that I know nothing of my own per- sonal knowledge to substantiate any of said charges. General Neal Dow was in command at Camp Parapet, above Carroll- ton, La.,in the spring of 1863. I had occasion to see him once at his headquarters under the following circumstances: One of my sons had been arrested under charges made against him by some of his grandfathers negroes. I applied to General Neal Dow, offering to give security for the release of my son until he could be tried. General N. Dow received me not only with courtesy, but even with marked kindness. As my son was sick he ordered every attention to be paid to him and his orders were punctually executed. The above is all I know personally of General Neal Dow. I remain, sir, your obedient servant, VICTOR BURTLIE. [Inclosure No. 5.1 When I first saw the boat on which General Neal Dow left Pointe a la ilache I was at my house, situated at about one-half a mile from the court-house of the parish of Plaquemines, from which I saw a squad of negro and white soldiers, under command of a white sergeant, enter Mr. Arroyos house, situated at about one acre from mine. The house was surrounded by four negro soldiers and two others, and the white ones entered the house, and after having remained there about one- half hour, they left for the boat, which had crossed from Mr. Laussades plantation, where it first landed, to the court-house, which is situated on the same side of the river where I land. I then proceeded to the court-house to see what was going on, and when I arrived there I saw Mr. Neal Dow in the parish jail with Mr. S. Martin, the sheriff, and heard him asking the said sheriff by what authority he kept in jail negroes that were there. The sheriff answered that they had been sent by their masters for safe-keeping. Upon hearing that the said Neal Dow ordered him to open the jail and told the negroes, Come out of there, boys, and go on board of the boat; you~are free. The above circumstances took place inside of the jail, and the negro soldiers, about twenty-five or thirty, in uniform, with muskets and bay- onets, were on the levee when the boat was at about 140 yards distant. When the negroes who were in jail for safe-keeping were turned out by order of General Neal Dow they marched on board of the boat and were there received with great joy by the negro soldiers; after which Neal Dow went himself on board of the boat, and they all left, the boat proceeding down the river in the direction of Forts Saint Philip and Jackson, at which it was generally understood that Neal Dow was in command at that time. I heard the negro soldiers on board of the boat advising the planters slaves that were standing on the levee at the time to come along with them; that they were all free. That occurre(l in the presence of Neal Dow, and close enough for him to hear what was said Page 273 CORRESPONDENCE, ETC.UNJON AND CONFEDERATE. 273 These facts are the only ones which are to my personal knowledge of those mentioned in the communication to the Secretary of War. These facts took place on or about the 3d day of September, 1862. VICTOR REAND. [Inclosure No. 6.] A statement of Charles 0. Drake in regard to the conduct of General I~ eal Dow, Pensacola: I know of my own knowledge that he took from citizens of Pensacola, Fla., their negroes and converted them to his own use withont any compensation to their owners, lie also gave the negroes to understand that they were flee, regardless of the protestations of their owners, and encouraged the negroesd3o disobey their masters and treat them as their equals. This occurred at Pensacola, Fla., in July, August, and September, 1862. One iiegro was taken from me at this time, several from Mrs. Langley, several from Mr. Brosenham. CHAS. 0. DRAKE. WASHINcfTON, D. C., September 9, 1863. Major-General GRANT, Vieksburg, Miss.: GENERAL: Your letter of August 30 is just received.* Neither General S. iD. Lee nor any other officer or man paroled by you has been exchanged. If any such are recaptured they should be immediately placed in close confinement until their cases can be determined on.t Very respectfully, your obedient servant, H. W. HALLECK, General-in- Chief HEADQUARTER8 I)EPARTMENT OF HENRICO, Richmond, September 9, 1863. Lieutenant LATOUCHE, Commanding Military Prison: SIR: You will receive the articles directed to the prisoners of war in your custody and have them delivered, taking their receipts. The prisoners must pay the charges on the articles. JOHN H. WINDER, Brigadier- General. HEADQUARTERS PAROLED PRISONERS, General S. COOPER, Demopolis, Ala., September 9, 1863. Adjutant and Inspector General, Richmond, Va.: SiR: It may not be considered improper to address the Department directly in order to give my views in regard to the paroled prisoners ordered to report here. Up to this time there has been very little dis- position evinced on the part [of] the paroled men to return to this point. I do not think they will come in in any large numbers unless some strong measures are adopted. The idea prevails, I hear, to a great *See Series I, Vol. XXX, Part III, p. 224. Remainder belongs to Series I. 18 R RSERIES II, VOL V Page 274 274 PRISONERS 01? WAR AND STATE, ETC. extent, both with soldiers and with their friends at home, that unex- changed prisoners are not liable to the authority of the Government as soldiers. In a word, that one of the consequences of a parole is to suspend for the time being the military responsibility which existed previous to capture. I am of opinion that should an order from an authoritative source on this subject be published it would have a good effect in bringing many absentees into camp. The announcement that they were exchanged would doubtless bring many back to their duty. I have not yet made a report of the command here. Before entering upon the duties assigned to me I learned that Major-General Stevenson had sent such officers of the Alabama regiments of his division as had reported upon expiration of their furloughs to the sections of coun- try where their regiments and companies had been raised, with direc- tions to get their men together and bring them here. The places of rendezvous for these troops not having been made known to me, I can communicate only by the newspapers. I have given similar instructions to officers of other Alabama regi- ments. After the 15th I hope to report some success from these steps. Yery respectftilly, your obedient servant, W. M. GARDNER, Brigadier- General, Commanding. [First indorsement-] WAR DEPARTMENT, September 21, 1863. SECRETARY OF WAR: The impression is very general among the soldiers of this army that they cannot be called into the service, and the counsel of General Gardner is worthy of consideration. See letter within. Respectfully submitted. J. A. CAMPBELL, Assistant Secretary. [Second indorsementI WAR DEPARTMENT, September 22, 1863. ADJUTANT-GENERAL: Have not these men been exchanged ~ If not, I think it would be well to issue such an order as General Gardner suggests. - J. A. SEDDON, Secretary. [Third indor8ement.] SEPTEMBER 24, 1863. General COOPER: It is the impression that the men referred to have been exchanged. Will Colonel Guld state certainly if such is the fact and return these papers? By order: C. II. LEE, Assistant Adjutant- General. [Fourth indorsement.] General Gardner has been fully informed as to who has and who has not been exchanged. S. C Page 275 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 275 CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, September 9, 1863. Hon. JAMES A. SEDDON, kS1ecrctary of War: SIR: I herewith respectfully return the indorseinent of the Quarter- master~General.* I can easily transmit any funds to our prisoners, but I most respectfully submit whether it would be proper to use the thuds which have been taken from Yankee prisoners for such a purpose. There are some methods of retaliation at which an honorable people should pause before they resort to them. It is true that our enemies have frequently taken money from our poor soldiers, but the practice is by no means invariable. The general rule is the other way. In hundreds of instances where it has been taken it has been returned through my hands. The Federal authorities, in answer to my protest against this outrage, have alleged that it was done in violation of their orders. With reference to the $3,400 taken from Colonel Streight, he asserts that it was saved to him by the express terms of his surrender. He refers to General Forrest for the truth of the statement. If this is so, ought it to be appropriated~? This is the only large sum now in our possession which has ever been captured. The Yankees in their Gen- eral Order No. 100 say large sums can be taken, but small amounts shall be left with prisoners for the supply of their wants. Respectfully, your obedient servant, ItO. OULD, Agent of Exchange. HEADQUARTERS, Charlesto~~, September. 9, 1863. Maj. STEPHEN ELLIOTT, Commanding Fort Sumter, Charleston flarbor, S. C.: MAJOR: The general commanding directs me to compliment you and your garrison on the brilliant success of this morning. He hopes that all future attempts of the enemy to take Sumter will meet with the same result. The general will endeavor to have the prisoners removed in the course of the day or to-night. Should meanwhile the enemy bombard Sumter, and you have not enough cover for your command, will expose the prisoners instead of yonr troops to the enemys fire. Very respectfully, your obedient servant, A. N. TOUTANT BEAUREGARD, Aide-dc- Camp. Inspection report concerning prisoners of war at the U. S. General Hospital, Davids Island, N Y., Aug~~st 28, 1863. WASHINGTON, D. C., September 10, 1863. Col. WILLIAM HOFFMAN, Commissary- General of Prisoners: This hospital is under the charge of Surg. James Simons, U. S. Ar my, and has recently been devoted to the care of prisoners of war exclu- sively. The total number of wounded prisoners received there between the 17th and 24th of July was 2,538. Total number remaining August 28, 1,764; transferred under orders to City Point, Va., August 24, 690; deaths, 84. See secon4 indorsement on Breare to Seddon (August 13), p. 201 Page 276 276 PRISONERS OF WAR AND STATE, ETC. There are 5,000 beds in this hospital aiid its location is very healthy and pleasant. The regulations established and ordered by the Com- missary-General of Prisoners appear to be well enforced. Patients in the hospital building are furnished with no clothing except hospital underclothing, save those. about to be exchanged, who receive one shirt, one pair of drawers, and one pair of pants each. in the tents where patients are able to go to the mess rooms, pants, drawers, shirts, aiid shoes, partially, are issued, but no hats. No clothing has been received from benevolent societies except hats (common straw), shoes, and a few coarse woolen ovei shirts. Surgeon Simons deems it essen- tial to the health of these prisoners that they be supplied with coats or woolen overshirts, as the nights are becoming cold; also with shoes and hats. I concur with him in this recommendation, lie also assures me that no rebel uniforms have been received by any of the prisoners, to his knowledge, neither did I see any in my inspection. The whole amount of everything received from charitable associations, including provisions, clothing, crutches, & c., would be about $3,000. No wants of any kind exist except for clothing, and for this they were suffering to a certain extent. The pants furnished by the Government are very inferior. This institution is well managed and admirably arranged for a hos. pital, and the prisoners seemed very well contented to remain there. C. H. CRANE, Surgeon, U. S. Army, late Medical Inspector Prisoners of W~r. HEADQUARTERS DEPARTMENT OF THE OHIO, Cincinnati, Ohio, September 10, 18G3. Brigadier-General WILLUOX, Commanding District of indiana and Michigan, Indianapolis: The Governor of Ohio and General Cox have been informed of the purport of your dispatch of last evening.* If Vallandighani crosses he is to be at once arrested and sent under a strong guard direct to Fort Warren. By command of Major-General Buruside: W. P. ANDERSON, Assistant Adjutant- General. OFFICE COMMISSIONER FOR EXCHANGE, Port Monroe, Va., Septe~nber 10, 1863. Maj. Gen. E. A. HITCHCOCK, Commissioner fti~r Exchange, Washington, D. C.: SIR: I have just received a communication from the rebel agent of exchange, in which, after expressing great astonishment at having received no reply to his proposition of August 24, 1863 (which I for- warded to you), and no explanation as to the cause of my delay in answering it, he concludes as follows: I therefore inform you that the Confederate authorities will consider themselves entirely at lil~erty to pursue any course with reference to any writteu proposition to you which they may deem right and proper under all the circumstances of the case. I am, general, very respectfully, your obedieut servant, S. A. MEREDITH, Brigadier- General and Commissioner for Exchange. * See also Cox to Buruside, Series I, Vol. XXX, Part III, p.522 Page 277 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 277 [Indorsemeut.] The inquiry was placed in the hands of the honorable Secretary of War on its receipt. ~ ow, September 12, 1863, the Secretary of War decides that he will not notice the proposition of Mr. Ould, which looks, in fact, to a corn- l)lete denial of the right of the United States Government to arrest citizens (under the title of non-combatants). E. A. HITCHCOCK. OFFICE COMMISSARY-GENERAL OF PRISONERS. Washington, D. C., September 10, 1863. Maj. Gen. C. C. AUGUR, Commanding Department of Washington, Washington, D. C.: GENERAL: In reply to your communication of yesterday in relation to the employment of prisoners of war as clerks iii the office of the commanding officer of the District of Saint Marys, at Point Lookout, I have the honor to inform you that such employment of prisoners of war is withont my knowledge and without my approbation. It often hap- pens that prisoners of war may be of great assistance in preparing rolls of prisoners received or transferred, but this would only be for the emergency and would not justify their being detailed as clerks either in the commanders office or that of the provost-marshal. I will imme- diately direct that no l)risoners of war shall be employed as clerks or in any other confidential position. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. EXECUTIVE DEPARTMENT, Wheeling, September 10, 1863. Maj.L.C.TtTmsER, Judge-Advocate: SIR: At the time of the late raid by the rebel, Morgan, the prisoners then in Camp Chase were removed to Foit Delaware for safety. Hon. Samuel Galloway, commissioner at Camp Chase, informs me that Fort Delaware is a very loathsome and unhealthy place, so much so that he could not stay there long enough to examine into the cases of the prisoners who had been sent there as above stated. Some of these prisoners, and it may be many of them, ought not to be kept confined and away from their families and their business, but justice requires that they have an investigation at the earliest momeift. This can be done with greater ease to the officers and more convenience to the parties and their friends, who have to furnish evidence in their cases, at Camp Chase than at Fort Delaware. I think it my duty, therefore, to recommend that these prisoners be returned to Camp Chase in order that their cases may l)e there examined into and disposed of. Very respectfully, & c., A. I. BOREMAN, Governor. [Indorsement.] WAR DEPARTMENT, September 14, 1863. The Commissary-General of Prisoners will return those brought to Fort Delaware from Camp Chase. E. M. STANTON, Secretary of War Page 278 278 PRISONERS OF WAR AND STATE, ETC. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, September 107 1863. Hon. JAMES A. SEDDON, Secretary of War SIR: This bureau is kept in very great ignorance as to matters con- nected with the parole and exchange of prisoners beyond the Missis- sippi. It is extremely important that certain and speedy information as to such matters should be sent to this office. I therefore respect- fully recommend that Maj. Ignatius Szymanski, of the Adjutant-Gen- erals Department, and formerly connected with the parole camp at Jackson, Miss., be assigned to discharge the following duties beyond the Mississippi River: First. To gather together as speedily as possible lists of the paroles given by Federal prisoners not heretofore received, correct the errors and imperfections therein where possible, and forward them to the agent of exchange at Richmond. Second. To ascertain the number and locality of prisoners both in camp and on parole, Federal and Confederate. Third. To communicate information to our different military corn- mandeis as to the proper methods of paroling prisoners, as to their reten- tion, and as to the places where they are to be delivered or received. Fourth. To assist in establishing one or more parole camps and col- lecting therein prisoners. Fifth. To perform any other special duty in relation to paroles and exchanges, paroled men and prisoners, which may be required of him. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. [Indorsement.] SEPTEMBER 11, 1863. ADJUTANT-GENERAL: This suggestion is approved. I have no doubt many inconveniences and even mischief may be rectified by such an inspecting tour. Give the requisite orders. J. A. SEDDON, Secretary. LIBBY PRISON, Second Officers Quarters, September 10, 1863. Capt. J. WARNER, Assistant Quartermaster, C. S. Military Prison CAPTAiN: At the request of your urbane and attentive commissary, S. Burnham, I cheerfn lly make the following statement: The number of prisoners occupying this floor is 254. There has been issued to us 127 pounds of beef and 2354 pounds of bread, which has all been weighed in my presence, being an allowance of one-half pound of beef and one pound and two ounces of bread to each man; also rations of soap, salt, vinegar, candles, rice, and beans. These articles are of good qual- ity, and to the best of my belief about the same quantity and quality as we have been receiving for the last two months. I will also here state that my knowledge of the feelings of my fellow-prisoners war- rants me in saying that a general sentiment of satisfaction is enter- tained toward all the officers connected with the prison. JAMES C. JONES, Second Lieut., 35th Ohio lufty., Actg. Commissary, Rooms 3 and 4 Page 279 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 279 LIBBY PRISON, First Officers Quarters, September 10, 1863. Capt. J. WARNER, Assistant Quartermaster, C. S. Military Prison: CAPTAIN: Having learned that a communication has been sent to the Secretary of War by Col. A. D. Streight, Fifty-first Indiana Volunteers, U. S. Army, complaining of the quantity of food furnished to the ocen- l)ants of this floor of the Libby Prison, I wish. to make the foihowing statement in pure justice to you and your commissary, S. Buruham, whose efforts in our behalf deserve our gratitude and thanks, and also to relieve any impression on your mind that I, or the mass of my fellow- prisoners, participate in the feeling of dissatisfaction and complaint evinced in the communication above alluded to, Colonel Streight being resident on this floor. For the last three days I have witnessed the weighing of 149k pounds of beef, 236 pounds of bread each day, also rations of salt, vinegar, soap, rice orbeans, and candles issued tous. Our number is 299, making the ration of beef one-half pound and bread one pound and two ounces to each man. in my knowledge about the [same] quantity and quality of food has been dispensed to us for the last two months. And, in conclusion, permit me to bear testimony of the kind and courteous treatment that we have received at the hands of all the officers connected with the prison. DAVID A. McHOLLAND, Captain and Actsng Commissary of Rooms Nos. 1 and 2. [Indorsement.] LIBBY PRISON, Richmond, September 10, 1863. We fully indorse the within, trusting it may correct a statement, which is false and unjust, emanating from one of the inmates of the prison; but in doing so we wish only to speak of ourselves individually with- out referring to the sentiments of any other officer. CHAS. W. TJLDEN, Colonel Sixteenth Maine Volunteers. JAMES M. SANDERSON, Lieutenant- Colonel and Commissary of Subsistence, First Corps. RICHMOND, September 11, 1863. Brig. Gen. S. A. MEREDiTh, Agent of Exchange: SIR: I did hope I would be able to send you some~prisoners by the boat which arrived at City Point to-day. I find it to be impossible. I will, however, at some early day send you a number corresponding to that sent by the last boat. I think I can safely promise to send them to-morrow week. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., September 11, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: On to-morrow, September 12, 1863, by virtue of the provisions of the cartel, I shall declare exchanged the following Confederate off Page 280 280 PRISONERS OF WAR AND STATE, ETC. cers and men captured at Yicksburg July 4, 1863, and since then paroled, to wit: First. The officers and men of General Stevensons division, consisting of Generals Bartons, Lees, Reynolds, and Cummings brigades. The regiments belonging to said division are the Fortieth, Forty-first, Forty-second, Forty-third, Fifty-second, Thirty-fourth, Thirty-sixth, Thirty-ninth, Fifty-sixth, and Fifty-seventh Georgia; the Twentieth, Twenty-third, Thirtieth, rhirty-first, and Forty-sixth Alabama; the Third, Thirty-first, Forty-third, and Fifty-ninth Tennessee. The following artillery also belonged to it, to wit: Botetourt Artillery, Waddells artillery, Cherokee Artil- lery, and Third Maryland Battery. Second. The officers and men of General Bowens division, consisting of Generals Cockrells and Dockery~s brigades. The regiments belonging to said division are the First, Second, Third, Fifth, and Sixth Missonri Cavalry. The following artillery also belong to it, to wit: Guibors battery, Landis battery, Wades battery, Lowes battery, and Dawsons battery. Third. The officers and men of Brigadier-General Moores brigade of General For- neys division. The regiments belonging to said brigade are the Thirty-seventh, Fortieth, and Forty-second Alabama, and the Thirty-fifth and Fortieth Mississippi. Fourth. The officers and men of the Second Texas Regiment. Fifth. The officers and men of Wauls Legion. I have in my possession more valid paroles of your officers and men than would be an equivalent for the officers and men hereiti enumerated. In addition thereto I have delivered some 10,000 or 12,000 at City Point since the last declaration of exchange. It, however, has been the prac- tice of the agents of exchange, whenever one of them declared a special exchange, to allow the other to select the equivalents. In accordance with such practice I now give you that privilege. If you do not avail yourself of it I will name the Federal officers and men who are dis- charged from their parole by reason of this present declaration of exchange. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. WAR DEPARTMENT, Washington, September 11, 1863. Major-General HALLECK, General-in- Chief: GENERAL: Had you not better telegraph to General Burn side not to parole his prisoners l Yours, truly, EI)WIN M. STANTON. HEADQUARTERS OF THE ARMY, Washington, September U, 1863. Major-General BURNSIDE, Gumberland Gap: Parole no prisoners. It is reported that the enemy is forcing into the ranks those paroled by General Grant without exchange. H. W. HALLECK, General-in. Chief WASHINGTON, September 11, 1863. General MEREDITH: You are authorized to offer General Kemper in exchange for General Graham. Very respectfully, & c., E. A. HITCHCOCK, Major- General, t~c Page 281 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 281 QUARTERMASTER-GENERALS OFFICE, Washington, September 11, 1863. Capt. C. A. REYNOLDS, Assistant Quartermaster, U. S. Army, Rock Island, ill.: CAPTAIN: Your letter of the 22d ultimo, inclosing a modified plan of the barracks for prisoners of war at Rock island, was referred to Colonel Hoffman, Commissary-General of Prisoners, and has been returned with an indorsement, of which the following is a copy, viz: OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, September 3, 1863. It was expected that the original plan might have to be modified to suit the ground, but in doing so it is not advisable, if it can be avoided, to divide the guard into two parts. It would be well to build a block-house of three-inch plank at the end of the street opposite the guard-house, outside the fence, for additional security. I would recommend coal stoves, as coal, I am told, is abundant. There should be at least six wells; nine would be better in case of fire. The pumps should be of iron, and there should be two or three force pumps, which, with hose, cost about *100 apiece. Respectfully returned to the Quartermaster-General. W. HOFFMAN. Colonel Third Infantry and Commis8ary-General of Prisoners. The modified plan is approved with the suggestions of Colonel Hoff- man as to guard-house; yet if in your opinion two guard-houses would render the place more secure you will have them built. The stoves should be for coal if it can be obtained at the cost of wood. Inasmuch as water can be obtained at abont the depth of twenty-five feet, let six wells be dug inside the fence. CHS. THOMAS, Acting Quartermaster- General. WASHINGTON, D. C., September 11, 1868. Inspection report of prisoners of war at Fort Delaware, September 3, 1863. Col. WILLIAM HOFFMAN, Commissary- General of Prisoners, Washington, D. C.: There are 8,000 prisoners of war at this point, and they have been much crowded together, sick and well, in the same barracks, which it has been impossible to keep clean. The opening of a new hospital at this post which contains 600 beds will improve the condition of affairs very much, and the separation of the sick will improve their sanitary condition immensely. The patients were being inoved-the day I was there very much to their relief. Greater facilities for cooking are needed, and rigid policing in the neighborhood of the kitchens, mess-rooms, and thronghont the barracks cannot be too strictly enforced. General Schoepf informs me that he was able to procure everything that was needed and wanted for nothing. He appears to be very zealons and attentive in the discharge of his duties and gives all his time to a per- sonal supervision of the wants of those nuder his charge and labors to improve their condition. 1 do not consider Fort Delaware a desirable location, in a sanitary point of view, for a large depot of prisoners. The ground is wet and marshy and the locality favorable for the develop- ment of malarious diseases. There have been many deaths at this place from typhoid fever, the result of their being crowded together in large numbers in a confined space. C. H. CRANE, Surgeon, U. S. Army, late Medical Inspector Prisoners of War Page 282 252 PRISONERS OF WAR AND STATE, ETC. HEADQUARTERS DEPARTMENT OF THE MISSOURI, OFFICE OF PROVOST-MARSHAL-GENERAL, A3aint Louis, Mo., & ptember 11, 1863. Col. WILLIAM HOFFMAN, U. S. Army, Commissary- General of Prisoners, Washington, D. C.: COLONEL: In answer to that portion of your favor of the 7th instant iii relation to the Alton prison, I have to say that I have not the entire control of that prison. We have no regular official information as to the number of prisoners there. At this time I have before me a copy of a report of an inspection made by an officer appointed by the commanding general of this department to make inspection of the Alton prison, and find from his report that there are now 1,316 prisoners at Alton. Unless reports from the Alton prison come through this office I cannot be informed of the number of prisoners on hand at that prisOil. 1 WO1Il(l most respectfully suggest that the Alton prison be used only as a prison for convicts for this and other departments of the Mississippi Valley, and that it be placed exclusively under the contr~A of the provost- marshal- general of this department, and that all the business of the prison pass through this office. I find that quite a number of prisoners are now in the Alton prison serving out sentence from some other department. Lately a number of these prisoners have made application to be discharged, on the ground that their term of imprisonment has expired. I can take no action in these cascs, as they never pass through this office. In this way a great many are kept in prison for a long time and neglected. I most respect- fully call your attention to the above suggestion. I have the honor, colonel, to be, very respectfully, your obedient servant, JAS. 0. BROADHEAD, Provost-Marshal- General Department of the Missours. HEADQUARTERS DISTRICT OF TEXAS, & C., Sabine Pass, September 11, 1863. J. S. BESSER, Esq., Superintendent of Penitentiary, Huntsville: SIR: Having removed the Federal prisoners from the penitentiary in accordance with your desire, I would not again make application for its use for this purpose were not the state of public affairs somewhat different. It is now not only forbidden to parol& but to exchange prisoners, hence they must accumulate on our hands as the war progresses. With a small force at my command to defend the State, every man [of] which is now extremely needed in the field, and from the disposi- tion to escape, as recently manifested by some of the Federal prisoners at Camp Groce, I find myself much embarrassed and the highest inter- est of the State involved in the safe-keeping of these prisoners. I have papers in my possession captured from the enemy a few days since going to prove that the late formidable expedition was in a great degree induced by the report to the Federal authorities of an escaped Federal prisoner. The arguments urged by some that a penitentiary is not a proper place in which to confine prisoners of war ceases to have application since the imprisonment in Northern penitentiaries not only of private Page 283 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 283 but of the gallant and devoted Morgan, whom we know to be thus con- fined and who is said to be treated as a convict. In the penitentiary these prisoners can be kept by a very small guard of the ~tate, armed with lances and a few pistols; elsewhere they would require a considerable force of well-armed and disciplined troops. I trust, therefore, that you will no longer withhold your consent to a proposition so evidently beneficial to the State, while the evils said to be apprehended are purely imaginary. I state for your information that there are about 350 prisoners in addition to those at Camp Groce. From a sense of propriety I send this letter through His Excellency the Governor of the State. I have the honor to be, sir, very respectfully, your obedient servant, J. BANKIIEAD MAGRUDER, Major- General, Commanding. OFFICE OF EXCHANGE OF PRISONERS, Mobile, Ala., & ptember 11, 1863. Capt. J. W. IDE BOTTE, Assistant Agent, Demopolis, Ala.: CAPTAIN: You will proceed to the Department of Trans-Mississippi at yonr earliest convenience and inform Lient. Gen. E. Kirby Smith no prisoners of war are to be released under any circumstances on parole until further orders. Surgeons and chaplains are now prisoners of war. In all cases prisoners must beparoled in duplicate, even when confined in l)rison. I desire you will u~e your best ability and untiring industry in procuring certified lists of all the paroled prisoners of war since the commencement of the present war. In all cases procure duplicate paroles if such were ever taken. In the lists of prisoners you will see that the proper forms are fully complied withdate of capture, date of parole, where captured, when paroled, when released, letter of company, number of regiment, and the rank of each prisoner. You will see all the generals in the department and give them copy of this letter. You - will pay particular attention to the list of prisoners of war at the sur- render of General Twiggs, in 1861, to Colonel Van Dorn, C. S. Army. I am, very respectfully, your obedient servant, N. G. WATTS, Lieutenant-Colonel and Agent for Exchange of Prisoners. HEADQUARTERS DEPARTMENT OF VIRGINIA, Port Monroe, AS~eptemier 12, 1863. Col. WILLIAM HoFFMAN Commissary- General of Prisoners, Washington, D. C.: COLONEL: Your letter of September 8 is receive(I. I send you declaration of exchange, amended as you suggest. Very respectfully, your obedient servant, S. A. MEREDITH, Brigadier- General and Commissioner for Exchange. [Inelosure.] OFFICE COMMISSIONER FOR EXCHANGE, Fort Monroe, Va., September 12, 1863. All civilians who may have been arrested by the Confederate authori- ties at any time before May 6, 1863, and who have been received at Cit Page 284 284 PRISONERS OF WAR AND STATE, ETC. Point or at other places across our lines, are hereby discharged from any and every obligation contained in any parole they may have given to the enemy. S. A. MEREDITH Brigadier- General and Commissioner for Exc~hange. OFFICE OF THE U. S. CHRISTIAN COMMISSION, Washington, D. C., September 12, 1863. Colonel HOFFMAN, Commissary- General of Prisoners: SIR: The undersigited, a committee of the U. S. Christian Commis- sion, respectfully ask permission to send some capable and judicious minister of the Gospel to labor among the prisoners at Point Lookout. Hundreds of this class at Gettysburg, to whom our commission has bronght the Gospel of Christian kindness and sympathy, have been, as we believe, fully won. I ustead of enemies they are our friends. Preju- diced against us by designing men, they have been surprised to find us neither infidel nor heathen, and when released they will go to their homes all through the South to tell of the sad delusion which has pos- sessed them. Pledging ourselves if our request be granted to send no one who would in any way embarrass the Government, we are, Most respectfully, yours, WM. BALLANTYKE. M. H. MILLER. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, September 12, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: The last flag-of-truce boat brought an application for the removal of the body of Maj. Robert Morris. You are aware that some time ago I made a similar request with respect to the body of Captain Stamps, who fell at Gettysburg. That request was declined. If you will agree that the body of Captain Stamps be transported from the field at Gettysburg at our expense, the remains of Major Morris will be brought to City Point at yours. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. CONFEDERATE ST& TES OF AMERICA, WAR DEPARTMENT, Richmond, September 12, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: I have received your proposal of the 11th instant for the exchange of Brigadier-General Kemper for Brig. Gen. Charles K. Gra- ham. I accept it. It is impossible to send Brigadier General Graham at this present time to City Point. He will, however, go with the next departure of prisoners at the end of next week. I will notify him of the fact. In the meantime I hope you will have General Kemper at Fort Monroe, to be brought to City Point in the same boat that bears General Graham to you. I will also send to you at the same time the Sanitary Commission to which you formerly referred. Will you send our nurses to us ~ Page 285 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 285 Let me also, in this moment of compliance, suggest that 1~Ir. John F. Scott, of Fredericksburg, who was captured while performing the offices of mercy to a wounded Federal officer on the battle-field of Fredericks- burg, be sent to us. If any case in this war could appeal for clemency it is his. He was arrested under the circumstances I have mentioned. He is, or was, in the Old Capitol Prison. I have not waited for your acquiescence to this request before I agreed to send the members of the Sanitary Commission to you. I send them because I am satisfied they have at one time or another done offices of mercy to our people. Respectfully, y( ur obedient servant, HO. OULD, Agent of Exchange. SPECIAL ORDERS, ~ WAR DEPT., ADJT. GENERALS OFFICE, No. 410. Washington, September 12, 1863. * * * * * * * II. Surg. Charles H. Crane, U. S. Army, having reported for duty in the Surgeon-Generals Office, in accordance with Special Orders, ~o. 398, September 4, 1863, from this office, is hereby relieved from duty connected with prisoners of war. * * * * * * By order of the Secretary of War: E. D. TOWNSEND, Assistant Adjutant- General. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, September 14, 1863. Maj. Gen. E. A. HITCHCOCK, Commissioner for Exchange, Washington, D. C.: SIR: I am informed by Mr. Ould that he accepts the exchange of Brigadier-General Graham for Brigadier-General Kemper, but that it will be impossible to send General Graham before the end of this week. I will therefore send a boat for General Graham on Saturday next, and I would respectfully suggest that General Kemper be forwarded to this point in order that he may proceed South by that conveyance. I am, genera], very respectfully, your obedient servant, S. A. MEREDITH, Brigadier- General and Commissioner for ~Exchange. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, September 14, 1863. Maj. Gen. F. A. HiTCHCOCK, Corn missioner for Exchange, Washington, D. C.: SIR: Mr. Ould informs me that on Saturday next he will release the members of the Sanitary Commission, and asks that we will reciprocate by sending them their nurses held by the U. S. authorities. I am, general, very respectfully, your obediemit servant, S. A. MEREDITH, Brigadier- General and Commissioner for Exchange Page 286 286 PRISONERS OF WAR AND STATE, ETC. HEADQUARTERS DEPARTMENT OF VIRGINIA, Port Monroe, September 14, 1863. Maj. Gen. E. A. HITCHCOCK, Commissioner for Exchange, Washington, D. C.: SIR: I have to-day received a strong appeal from the rebel agent of exchange in behalf of Mr. John F. Scott, of Fredericksburg, who, he claims, was captured while performing the office of mercy to a wounded Federal officer on the battle-field. Should this be the case, wonld it not be well to forward him in consideration of the release of the members of the Sanitary Commission ~ I am, general, very respectfully, your obedient servant, S. A. MEREDITH, Brigadier- General and Commissioner for Exchange. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, September 14, 1863. Col. WILLIAM HOFFMAN, Commissary- General of Prisoners, Washington, D. C.: SIR: I inclose herewith a copy of a declaration of exchange by Mr. Ould.* May I ask you to send me such instructions as you may deem necessary in tlic preniises ~ Very respectfully, your obedient servant, SA. MEREDITH, Brigadier- General and Commissio~der for Exchange. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, September 14, 1863. Hon. ROBERT OULD, Agent of Exchange: SIR: In your letter of September 7, declining to exchange General Graham for General Smith, you state that I appear to be laboring under some strange mistake; that General Smith has already been exchanged, and that I have received the equivalent. On July 14, 1863, my predecessor, Lieutenant-Colonel Ludlow, wrote to you, posi- tively declining to unite with you in your declaration of exchange of July 13, and requesting you to notify the officers therein named that their exchange would not be recognized by the authorities of the United States. May I ask who was the equivalent delivered for Gen- eral Smith l I now repeat to you the notification of Ilieutenant-Colouel Ludlow, and state that the authorities of the United States will not recognize the exchange of the above officers until united in by inc. Respectfully, your obedient servant, S. A. MEREDITH, Brigadier- General and Commissioner for Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, September 14, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: In your letter of the 14th instant you inquire who was the equivalent delivered for General Smith. If you will refer to my letters * See Ould to Meredith, September 11, p. 279 Page 287 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 287 of the 13th and 17th of Jilily you will find out who was the equivalent. It had been our practice, whenever a special exchange was declared by one party, to allow the other to select the equivalent from prisoners already paroled or delivered. I pursued that course iu the case of the Vicksburg general officers. The equivalent could be found in officers and men paroled at Fredericksburg, in pursuance of an agreement between Generals Lee and Hooker. If that was not satisfactory, the equivalent could easily be found in the 10,000 prisoners whom I released from captivity and sent to City Point. In that 10,000 there was an excess of more than 6,000 at least over the number you had delivered at the same place since the last general declaration of exchange. My letter of the 17th of July contains a fair statement not only of the practice of the agents of exchange, but of the grounds of my authority to declare the exchange of the Vicksburg general officers, including General M. L. Smith. The efforts to cast discredit upon the regnlar and honorable exchange of these officers is, to use a phrase of your own in one of your letters of the 14th instant, simply ridiculous. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, September 14, 1363. lou. ROBERT OULD, Agent of Exchange, Richmond, Va.: SIR: I would respectftilly ask to be informed of the status of Col. William II. Powell. Is he or is he not held and treated as a prisoner (4 war, subject to exchange like other prisoners in case exchanges should be resumed ~ Respectfully, your obedient servant, S. A. MEREDITH, Brigadier- General and Commissioner for Exchange. HEADQUARTERS DEFENSES OF BALTIMORE, Fort Mdllienry, Md., Sertember 14, 18G3.* Col. W. HOFFMAN, Commissary- General of Prisoners: COLONEL: I have the honor to acknowledge the receipt of your letter of the 12th instant,t in which you state that your Letter of instructions of the 3d instant t was intended to apply to ~ll prisoners of war, including spies under trial or sentence, whether soldier8 or citizens, and to all prisoners belonging to the rebel States; also that persons who reside in the loyal States arrested for disloyal conduct are political prisoners only, and are not classed as prisoners of war. The prisoners held at this post hitherto have been divided into three classes, as follows: - First. Soldier prisoners, or those belonging to the U. S. Army and charged with offenses punishable by military law. Second. Prisoners of war, who are subject to no punishments except that of being held in safe confinement until duly exchanged. Third. Political prisoners, or those other than the first class who are charged with offenses for which they may be tried and punished by a court- martial or military commission. This classification, so far as it relates to prisoners of war and politi :al prisoners, I have regarded as fully authorized by General Orders, No. * Should be 1864. See Vol. VII, this series, pp. 714, 811 Page 288 288 PRISONERS OF WAR AND STATE, ETC. 100, War Department, Adjutant-Generals Office, April 24, 1863. Para- graph 49, section 3, said orders, defines a prisoner of war to be a public enemy armed or attached to the hostile army for active aid who ha~ fallen into the hands of the captor, either fighting or wounded on the field, or in the hospital, by individual surrender, or by capitulation, & c. See also on the same point paragraphs 50 and 51, same section. By ~aragraph 56, same section, A prisoner of war is subject to no punish- ment for being a public enemy; and see also paragraph 75, same sec- tion. By paragraph 82, section 5 of said orders, Men who commit hostilities without being part and portion of the organized hostile army, & c., if cal)tured are not entitled to the privileges of prisoners of war, but shall be treated summarily as robbers and pirates. See also paragraphs 83, 84, and 85 of the same section, and paragraphs 88, 90, 91, 92, and 100 of section 5, said orders, in which several other classes of enemies not belonging to the hostile army are named, who, when captured, are not to be held as prisoners of war, and are made liable to punishments to which prisoners of war are iiot subject. A large portion of the prisoners held at this post and classified as political belong to these classes or some of them, and belong also to the rebel States. For example: Walter Lennox, ex-mayor of Washington, D. C.. now belonging to Richmond, Va., is a prisoner a~ this post, and held in close confinement by order of the Secretary of War. If all prisoners belonging to the rebel States are to be held as prisoners of war, aiid to be released from close confinement, then this prisoner, now held as political, must be included, and if so included, must be regarded as entitled to all the privileges of a prisoner of war, including that of exchange. If such be a correct interpretation of your letter, your directions will work an entim e revolution in the ~-ystem established at this post from the commencement of the war, both for the classification of prisoners and further treatment and government. Permit me, respectfully, to ask for further instructions. I have the honor to be, very respectfully, your obedient servant, W. W. MORRIS, Brevet Brigadier- General, Commanding. HEADQUARTERS U. S. FORCES, Port hudson, La., & ptember 14, 1863. Maj. G. N. LLEBER, Acting Assistant Adjutant-General: Sin: In reply to the communication of Septemller 9, department headquarters, just received, respecting a newspaper extract, I have the honor to inclose herewith a copy of the correspondence between myself and Colonel Logan, consisting of one communication to him and one reply, both per flag of truce.* I would further state that I have since the date of these communications been endeavoring to obtain satisfactory testimony to sustain the charge that two colored soldiers were hung as stated; but the only evidence so far is that of two colored soldiers who state they saw two colored men in uniform of U. S. soldiers hanging fromn a tree near Jackson, La., after the fight. They do not claim that they saw the act of hanging these men com- mitted. Whether some of the colored soldiers taken prisoners were hung or whether the spectacle witnessed by the two soldiers mentioned * See Andrews to Logan, August 5, p. 177, aud Logan to Andrews, August 5, p. 189 Page 289 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 289 was merely a chivalrous exhibition of the feelings of some of the rebels toward some of the colored soldiers slain in the conflict remains undetermined. It will be seen that Colonel Logan denies that any such thing was done with his knowledge or authority. The testimony of the assistant surgeon who was released by the rebels, he having been taken prisoner during the action, shows that while great contempt was manifested toward officers of colored troops and Lieutenant Orrillion was forced to march at the head of his niggers, as the rebels expressed it, there was no other violence or ill-treatment offered to the prisoners within his knowledge. No conclusive testimony can be obtained from citizens in regard to this matter. It has been stated by some of them that the wounded colored sob diers were well treated and cared for; some of them state that they have heard that some of the colored soldiers were in some underhand way sold at auction in Clinton, La.; others state that they had heard that a number of the colored soldiers taken prisoners at Jackson had been shot. But in all these points they speak from hearsay only. As to the beating of the colored soldiers I am informed that iii one or two instances they were struck several times by some of the rebels, but were not seriously injured. While I am clearly and decidedly of the opinion that colored soldiers cannot with justice be employed as such without receiving the same protection that other troops would receive under similar circumstances, and while I am entirely ready and willing to carry out with stern severity any retaliatory measures which may be deemed proper by the commanding general of the department or other competent authority which I should feel bound to consult in a matter of such importance before proceeding to execute, I am on the other hand of opiiiion that no such measures should be resorted to without clear and decisive evi- dence of the commission of acts calling for such action, and in the present case I do not consider the evidence up to this time satisfactory as to the alleged hanging of colored soldier prisoners of war. All of which is respectfully submitted. I am, sir, very respectfully, your obedient servant, GEG. L. ANDREWS, Brigadier- General of Vols., Comdg. Post and Corps dAfrique. [Indorsement.] There is no evidence upon which retaliatory measures can be properly based, and the reply of General Logan must be received as satisfactory upon the part of the alleged execution of or punishment of negroes. He is not justified, however, in placing officers and soldiers of the United States in close confinement upon the presentation of the inquiry unless accompanied by some other statememit not disclosed in the corre- spondence. This opinion should be made known to General Andrews. N. P. BANKS. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., September ii, 1863. Brig. Gen. E. li. S. CANnY, Commanding U. S. Forces City and harbor, New York: GENERAL: I have the honor to inclose herewith regulations which were established by authority of the Secretary of War for the govern- ment of officers commanding stations where prisoners of war are held~ 19 R RSERIES II, VOL V Page 290 290 PRISONERS OF WAR AND STATE, ETC. By these regulations prisoners are permitted to receive clothing and money with certain limitations. The money is to be held for their use by the commanding officer, subject to be used for the purchase of such articles as may be allowed, and any balance in his hands to be turned over to them on their delivery at City Point or elsewhere. They may receive such articles of clothing as may be necessary to make up what they are permitted to have, viz, a change of underclothing and an out- side suit. Complaints have been made by the rebel authorities that while they are willing to permit the prisoners they hold in IRichinoud to receive money and clothing, we refuse such favors to the prisoners in our hands; and though it is well known that the Union prisoners in Richmond are badly abused it is well to avoid giving them any oppor- tunity to refer to anything we do as an example or excuse. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third infantry and Commissary- General of Prisoners. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, 1). C., September 14, 1863. Brig. C-en. S. A. MEREDITH, Commissioner for Exchange of Prisoners, Fort Monroe, Va.: GENERAL: I have the honor to acknowledge the receipt of a uumber of communications from Mr. Ould, which you referred to this office ou the 10th instant. Please say to Mr. Ould that the arrangements reported by Capt. J. C. Jameison as having been entered into by Gen- erals McNeil and Marinaduke, commanding the opposing forces in Mis- souri in May last, for the exchange of officers, has not before been brought to the notice of this office, and immediate steps will be taken to have the agreement, whatever it was, fully carried out on our part. As a reply to Mr. Oulds letters of the 2d instant, I inclose herewith a copy of the regulations which have governed the management of the affairs of prisoners of war in our hands for the last two years.* It is unavoidable that in many cases these instructions are not fully carried out, which gives occasion for complaint, but generally they are closely adhered to, and we will be very glad if our people held at Richmond fare as well as prisoners who are in our hands. The proposition of Mr. Ould for an exchange of rolls of officers held as prisoners of war on either side is approved, aiid I will in a few days furnish you with a list of all belonging to the Confederate Army held by us, for which I will be glad to receive in return a list of Federal offi- cers held as prisoners of war in the Confederate St~es. In many cases prisoners give fictitious names, or mistakes are made in the initials or in the spelling, which makes it difficult or impossible to find the name of prisoners when inquired for by their proper names. Very respectfully, your obedient servant, W. flOFFMAN, Colonel Third ~fantry and Commissary- General of Prisoners. HEADQUARTERS FORT DELAWARE, DEL., September 15, 1863. Col. WILLIAM HOFFMAN, Commissary- General of Prisoners, Washington, D. C.: SIR: In reply to yours of 10th instant, I have the honor to inclose herewith Special Orders, No. 165, which is based upon, and in strict See Vol. IV, this series. P. 152 Page 291 CORRESPONDENCE, ETC .UNION AND CONFEDERATE. 291 conformity with, your 1)Liflted instructions, and the tenor of which will explain that I am not restricting the prisoners from any privilege to which they are entitled. The i)ublication of this or(ler in the Phila- delphia and I3altiin ore papers was reit d ered necessary by many persons in the two cities constantly seIl(ling large quantities of iinilbrm cloth- ing and on account of contributions, sent through improper channels, being lost, thereby causing complaint and serious annoyance to me. A~bout 800 prisoners letters are received and sent daily, many of which are miot restricted to the proper length. I respectfully renew my request that you visit this post and from your personal observatioim be convinced that everything connected with the prisoners depot is being conducted in as judicious and advantageous manner as possible. The persons enjoying the greatest privileges are usually the ones loudest, in complaint. The August report I return to you properly corrected. The prisoners named in my letter of the 5th instant must all appear on the different Baltimore and Harrisburg rolls forwarded from this office, as we now have them arrallge(l on our books according to regiments where these names appear together. I shall studiously guard against any omission or disci-epancy, and should any possibly occur on my part I will promptly make the correction. I inclose herewith a letter from the commissary in relation to the building of a store-house, which, with your approval, might be built from the prisoners fund. If there is a prospect of the prisoners being kept here during the winter, increased store-room is indispensable, bnt if they are to be sent away soon it can be dispensed with. Very respectfully, your obedient servant A. SCHOEPF, Brigadier- General. [loclositre No. 1.] SPECIAL ORDERS, HEADQUARTERS FORT DELAWARE, DEL., No. 1~5. September 8, ldGJ. I. Visiting this post out of curiosity is strictly prohibited. Relatives of prisoners seriously ill will be allowed to make them short visits on written application, accompanied with satisfactory proof of their loy- alty to the United States Government, to Brigadier-General Schoepf commanding post. Under no other circumstances will any person be allowed to visit the prisoners without special perrnis~ion from the Sec- retary of War or Commissary-General of Prisoners. II. All contributions to prisoners must be forwarded to this post by express, and ~)lainly directed, g-iving name, rank, and re~jment, in care of Capt. G. XV. Ahi, commissary of prisoners. Cbats and pants of a gray, drab, or blue color will not be given to prisoners. By order of Brig. Gen. A. Schoepf: GEO. W. AHL, Captain and Commissary of Prisoners. [Inclosure No. 2.] OFFICE OF COMMISSARY OF SUBSISTENCE, Fort Delaware, J)ei., September 15, 18G3. Brig. Gen. A. SCHOEPF, Commanding Post: SIR: Vety serious inconvenience is experienced from want of store- houses for provisions. The room inside time fort being very limited is scarcely sufficient for the garrison alone in the summer season, whe Page 292 292 PRISONERS OF WAR AND STATE, ETC. the approaches to the island are unobstructed, and consequently stores can be brought often and in small quantities. In the season now approaching, with the prospect of a large number of l)risoners remain- ing at the post, and, as is frequently the case, the possibility of the island being ice-bound for at least two months, it will be necessary that I should have stores on hand for, say, 12,000 men for that period of time. It is absolutely necessary, therefore, that store-honses should be provided immediately for a bulk of 7,000 barrels. Itespeetfuily sub- mitting the subject for your consideration, I have the honor to be, your obedient servant, G. S. CLAIIK, Captain and Commissary of Subsistence of Volunteers. OFFICE COMMISSARY-GENERAL OF PRISONERS, - Washington, D. C., September 15, 1863. Brig. Gen. A. SCHOEFF, Commanding Fort Delaware, Del.: GENERAL: By direction of the Secretary of War, you will please return to Camp Chase, near Columbus. Ohio, the political prisoners now at Fort Delaware who were sent there from Camp Chase during the month of July by order of General Buruside. You will order a suitable guard to accompany them, and special instructions should be given to the officer in charge to prevent improprieties by the way. The date of their arrival at Fort Delaware is not given on the rolls sent to this office, and I cannot designate them more clearly than the above. There were on the rolls 116 names, of whom sixteen have been dis- charged or died. Possibly more have been (lischarged not yet reported. Please report their departure by telegram to this office and to the com- manding officer at Camp Chase. Yery respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., September 15, 1863. Brig. Gen. J. II. WINDER: GENERAL: You will hand over such gold as may%e sent to the pris- oners, announcing to them that being money recognized by both Gov- ernments it is handed to them in kind, and that if at any time they wish to convert it into Confederate money it will be sold for them, on application, at the market price in this city. If the amount received be in Federal paper it cannot be handed over to them in kind, as it is not recognized as money by the Confederate Government, nor can its nse or circulation be allowed; but it will at their option be converted at current rate of exchange into Confederate notes and such notes delivered to them, or will be retained in kind for their future use. Youi- obedient servant, JAMES A. SEDDON, Secretary of War Page 293 CORRESPONDENCE, ETC.IJNION AND CONFEDERATE. 293 WASHINSfTON, September 16, 1863. General MEREDITH: General Kemper will be sent to you for exchange. We shall fully recil)rocate in the exchange of sanitary persons. Mr. J. F. Scott shall be sent South if possible, and I know of nothing to prevent it at this time. E. A. HITCHCOCK, Major- General, & c. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, September 16, 1863. Brig. Gen. S. A. MEREDITH, Commissioner for Exchange of Prisoners, Fort Monroe, Va.: GENERAL: Mr. Oulds letter of the 5th instant, with the accompany- ing letter from Capt. W. C. Bird, which you referred to Major-General Hitchcock, commissioner for exchange of prisoners, has been by him referred to this office, and in reply I have the honor to make the fol- lowing remarks: Captain Bird states that he was wouiided and taken prisoner at the battle of Perryville and remained in Kentncky some months. How much of that time he was in hospital he does not state, but probably most of it, as we have no permanent station in Kentucky for prisoners. He remained at Camp Chase, which is a permanent prison camp, six weeks. From there he was sent to Johnsons Island, where, after a short stay, he was sent to City Point. The delay was occasioned, not by a desire to detain him, but from unavoidable causes, and in part from misconceptiomi of orders. It has not been by the authority of the War Department that this officer or other officers or soldiers who have been discharged have not been promptly delivered. Repeated orders have been given that all exchanged officers and men should be sent forward for delivery with- out delay, but iii some few cases, through a misunderstanding of the orders, persons entitled to be sent beyond the lines have not becn for- warded; but in no instance where a case of this kind has been brought to the notice of this office has there been any hesitation in rectifying the error. The obstacle which for so many months interrupted the (lelivery of prisoners of war at Yicksbnrg prevemited deliveries that would other- wise have been made, and thus individual cases were lost sight of. Major-General Hitchcock has addressed you in relation to the case of Capt. William Wailer, mentioned in the letter of Captain Bird, and nothing is required from me. Medical officers and chaplains are held because officers of the same class belonging to the Federal Army are held in the prisons in Rich- mond. Mr. Ould asks for the release of Lieut. W. F. Blackwood, Fifth Arkansas Infantry, captured in Mercer County, Ky., now at Johnsons Island. I am not aware of any declaration of exchange which covers his case. The two last exchanges declared in May and June, so far as I know, exchanged only such prisoners as had already been delivered and paroled. If Mr. Ould can show that he has been exchanged, he will be at once sent to City Point. I will immediately have a careful examination of the records of our prisonsmade,andallprisonersofwar,whetherrecruitsoroldsoldiers, whose exchange has heretofore been announced will be without delay delivered beyond our lines Page 294 294 PRISONERS OP WAR AND STATE, ETC. There may be eases where prisoners of war are charged with offenses outside of their leoitiinate duties as soldiers ail(1 these may be held responsible for these acts. Recruits are not tried by court-martial, because they are recruits; but if recruiting officers come within our lines and induce mcii to enlist under them, neither they nor those whom they enlist can claim the privileges of prisoners of war. 1 ani, general, very respectfully, your obedient servant, W. HOFFMAN, (Jolonel Third Infantry and Commissary- General of Prisoners. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., September 16, 1863. Brig. (len. S. A. MEREDITH, Commissioner or Exchange of Prisoners, Fort Monroe, Va.: GENERAL: Your letter of the 12th instant, inclosing annexed decla- ration of exchange of civilians, is received, and in reply I beg to say that 1 (10 not think it yet exactly meets the case. The declaration is to cover the exchange of all civilians arrested by the Confederate authori- ties on parole at City Point or at other places across our lines on or before the 6th of May. As you word the declaration it applies to those arrested prior to time 6th of May, though released on parole at any subse- luelit time. Very respectftdly, your obedient servant, W. HOFFMAN, Colonel Th ird infantry and Commissary- General of Prisoners. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort ]llonroe, September 16, 1863. Hon. ROBERT OILn, Agent 9f Exchange, Richmond, Va.: SIR: I am in possession of reliable information which states that Andrew Johnson, confined in Castle Thunder, is subject to horrible treatment. Will you cause inquiry to be made into this case and let iue know his condition at your earliest convenience~ Very respectfully, your obedient servant, S. A. MEREDITH, Brigadier- General and Commissioner for Exchange. [First indorsernent.J OFFICE EXCHANGE OF PRISONERS, Richmond, Va., September 21, 1863. Respectlully referred to Brig. (len. John U. Winder, commanding department. RO. OULD, Agent of Exchange. Second indorsement.] HEADQUARTERS DEPARTMENT OF THE TIENRICO, Richmond, September 21, 1863. Respectfully referred to Captaimi Alexander, commanding C. S. prison. By order of General Winder: W. S. WiNDER, Assistant Adjntant- General Page 295 CORRESPONDENCE, ETC. UNION AND CONFEDERATE. 295 [Tliir1 indorsernent.] Respectfully referred to headquarters. The only complaint Johnson makes is that his diet is not as good as he desires, and says he has no other complaint to make. Respectfully, your obedient servant, G. W. ALEXANDER, Assistant Adjutant- General and Assistant Provost-Marshal. [Fourth indorsernent. OFMCE EXCHANGE OF PRISONERS, Richmond, Va., September 21, 1863. Respectfully retnrne(l to Brig. Gen. S. A. Meredith, agent for exchange of prisoners. I am perfectly satisfied, from diligent inquiry, that there is no foun- dation for the charge that Johnsoi~s treatment has been horrible, or in any manner has been different from that of other prisoners con- fined at Castle Thunder. I refer you to Rev. Mr. Scandlin for the facts in this regard, as stated by Johnson himself. RO. OULD, Agent of Exchc~nge. [Fifth in(lorsement.] OFFICE COMMISSIONER FOR EXCHANGE OF PRISONERS, Fort Monroe, Va., September 23, 1863. Respectfully returned to Col. William Hoffman, Commissary-General of Prisoners, and refer hint to above iiidorsement of R. Ould, rebel agent of exchange. S. A. MEREDITH, Brigadier- General and Commissioner for Exchange. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., September 16, 1863. Surg. EBENEZER SWIFT, U. & General Hospital, Chester, 1~a.: SIR: I am directed by the Commissary-General of Prisoners to re- quest that when prisoners are sent for delivery none will be sent who have or are about making applications to be released on taking the oath of allegiance until their cases are first submitted to him for decision. Very respectfully, your obedient servant, W. T. HARTZ, Captain and Assistant Adjnt~nt- General. (Same to Surg. J. Simons, Dc Camp General Hospital, Davids Island, N. V. Harbor, N. V.) GENERAL ORDERS, ADIT. AND lNSP. GENERALS OFFICE, No. 123. Richmond, September 16, 1863. The following order is published for the information of all concerned: Exchange Notice No. G. RICHMOND, September 1~, 1863. The following Confederate officers and men capture(l at Vicksburg, Miss., July 4, 1863, and subsequently paroled, have been duly exchanged, and are hereby so declared: 1. The officers and men of General C. L. Stevensons division. 2. The officers and men of General Bowens division Page 296 296 PRISONERS OF WAR AND STATE, ETC. 3. The officers and men of Brigadier-General Moores brigade. 4. The officers and men of the Second Texas Regiment. 5. The officers and men of Wanis Legion. 6. Also, all Confederate officers and men who have been delivered at City Point at any time previons to Jnly 25, 1863, have been duly exchanged, and are hereby so declared. RO. OULD, Agent of Exchange. By order: S. COOPEIi, Adjutant and Inspector General. HEADQUARTERS Coin , 863. Maj. C. D. MELTON: , mbia, September 16 1 DEAR SIn: I would respectfully report to you that the jail is not sufficiently large to contain the nnmber of prisoners we now have con- fined here. The dimension of the building is seventy by fifty feet. The third story is occupied by the sheriff of this district, which leaves us but the middle and lower departments. We now have 273 Federal and 27 Confederate prisoners, making an aggregate of 300. We have packed them in as best we could for the present, but to remain as they now are will, I am fully satisfied, cause much sickness, not only among the Yankees, but the guard. To this our surgeon, Dr. J. Ford Prioleau (with whom I have consulted), will bear testimony. My guard is entirely crowded out of any place for the reliefs to sleep, and are now compelled to sleep on the grouiid in front of the jail. Under these circumstances I would earnestly recommend that quarters be at once erected for the prisoners on the college green, near our camp, where we could guard them and others who might be sent to us. If this cannot be done a part of them might be sent to Itichmond or some other place. Very respectfully, H. D. SENN, Captain, Commanding Post Guard. [Indorsement.] COLUMBIA, September 16, 1863. Itespeetfully forwarded to commanding general for information and instructions. If the construction of quarters be deemed advisable the work can be done without charge to the Government beyond the cost of material. C. D. MELTON, Major, Corn.rnanding Post. [SEPTEMBER 17, 1803.For ilalleck to Grant, referring to the release from their paroles of 16,000 Confederate prisoners captured at Vicks- burg, & c., see Series I, Vol. XXX, Part Ill, p. 694.] HEADQUARTERS FIFTEENTH ARMY CORPS, Camp on Big Black, September 17, 1863. Brig. Gen. J. A. ItAWLINS, Assistant Adjutant. General, TTicksburg, Miss.: DEAR SIR: Inclosed please find the answer made by Brig. Gen. W. II. Jackson, C. S. Army, to my communication of August 30 [28], a copy of which was submitted on its day of date to General Grant.* For Jackson to Sherman, see Series I, Vol. XXX, Part III, p.228 Page 297 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 297 It is plain that General Lee was notified by the authorities at Rich- mond of his exchange, which, a~~ording to the cartel, releases him of his parole, but notice of such release should have been sent to our com- missioner at Washington. It might be well to refer this letter to the Adjutant-General with the inquiry if the notice has been received. I do think if the Dix-ilill cartel is ever remodeled it should require notice to be given the agent of the adverse party and his assent obtained before the prisoner of war is released of his parole and allowed to resume his hostile character. As the case now stands the Confederate Government can release all their prisoners of war and we could not punish them, but would merely have new cause of grievance against the Southern Confederacy. I do not presume that Davis would commit so gross a breach of honor, but I believe when we impose a parole not to serve against us until exchanged, our Government should not only have notice of the exchange, but should assent to it before it goes into effect. For, other- wise, in case of one taking a prisoner recognized as having been released on parole, how could we arraign him for a breach of his parole? What evidence should we demand that he has been exchanged? I think no evidence could be entertained except our consent by ourselves or proper agent and that we have received his equivalent. I am, & c., W. T. SHERMAN, Major- General, Commanding. WAR DEPARTMENT, Washington, September 17, 1863. Col. WILLIAM HOFFMAN, Commissary- General of Prisoners: COLONEL: The Secretary of War directs that you report without delay how many prisoners there may be in paroled camps. He further directs that such prisoners be armed and equipped immediately. I am, colonel, very respectfully, your obedient servant, JAMES A. JIARDIE, Assistant Adjutant- General. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., September 17, 1863. Hon. E. M. STANTON, Secretary of War, Washington, D. C.: SIR: Pursuant to your instructions of yesterday, I have the honor to submit the following report of the paroled prisoners of war present and absent from the several parole camps. The whole number of troops paroled and who are subject to exchange, though soiie have been mustered out of service, amounts to Officers 149 Enlisted men 19, 158 Total 19, 307 Of these there were present at the parole camps on the 1st instant Officers 90 Enlisted men 11,909 Total 11,999 There were absent in August about Officers 160 Enlisted men 1, 143 Desertions reported 2, 90 Page 298 298 PRISONERS OF WAR AND STATE, ETC. There have been mustered out of service Enlisted men 931 Total al)se1~tets 11, 951 Total in satops 11, 9~9 Total report of 16~ 953 This total deducted from the whole number leaves as absentees not yet accounted for, deserted, discharged, and dead, 2,352. Of the troops on parole after the absentees are collected in, there should be a total of 16, OOQ men available for the field. I am, very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Ii(fantry and Commissary- General of Prisoners. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, 1). C., September 17, 1863. Brig. (~Ten. S. A. MEREDITH, Commissioner for Exchange, Port Monroe, Twa.: GENERAL: You will probably find it difficult to make a declaration of exchanges covering all of our paroled men without going into an elaborate classification, and I will, therefore, venture to make the follow- ing suggestions: You have in your possession rolls of Federal prisoners of war now on parole captured prior to the 1st of September amounting in all, including 76 officers, to something over 19,000. There are of the rebel forces now on parole 15 general officers, 2,176 officers, 37, 73{ enlisted men, and 252 citizens, without taking note of the enlisted men captured at Port Hudson, though I believe most of the officers are included. Mr. Ould in his letter of the 11th instant enumerates troops amounting to over 1,600, which will cover a like number of our paroled forces, but it will be difficult to separate them from the mass, and to facilitate the arrangement I would suggest that you announce to Mr. Ould your desire to declare the exchange of the balance of those on parole captured prior to the 1st of September, giving him the number of officers and men, and request him to designate upon the rolls of the Yicksburg captures an equal number of officers and men now on parole to be declared exchanged as equivalents or you can designate them yourself. If you can effect this arrangement it will relieve you4~rom the embar- rassment of numerous details and it will leave no doubts as to who are exchanged. If possible, let the declaration include camp followers and citizens. I presume from Mr. Oulds letter that he includes as being under valid paroles the prisoners captured by the enemy at Gettysburg, though by the understanding between him and Colonel Ludlow on the 22d of May no paroles are to be considered as valid except those given on delivery as provided for in the cartel. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. P. S.The numbers I give you coiue from reports to 31st of August, ~n(I are perhaps only about the time numbers. The rolls are most reliable. w. II Page 299 CORRE8PONDENCE, ETC. UNION ~AND CONFEDERATE. 299 HEADQUARTERS CAMP OF PAROLED PRISONERS, Enterprise, Miss., September 17, 18G3. General S. COOPER, Adjutant and Inspector General, Richmond: GENERAL: I have the honor to report, for the information of the Department, that being deprived of the assistance of the officers who are, I understand, retained by the enemy as prisoners of war, I have been unable as yet to reassemble any portion of the troops recently comprising the garrison at Port hudson. Respectfully, general, your obedient servant, W. J. HARDEE, Lieutenant- General. [First ii~dor~emei~t.] SEPTEMBER 26, 1863. Respectfully snbmitted to the President. Would it not be well to order snch officers as are not on active duty, and may be commanded, to temporary commands in organizing these prisoners ~ J. A. SEDDON, Secretary of War. [Secorni indorsement.] The plan approved, with the nuderstanding that the officers so employed shall be of the same State as the troops, or of the Regular Army if the former cannot be had. J. ID. [Tbird iridorsement.] OCTOBER 1, 1863. ADJUTANT-GENERAL: Can you not suggest proper officers according to the above sugges- tion and the Presidents limitation ~ J. A. SEDDON, Secret cry. FINANCIAL AGENTS OFFICE, Huntsville, September 17, 1S63. Maj. Gen. J. B. MAGRUDER, Oontmctnding District of Texas, New Mexico, and Arizona: DEAR SIR: Your communication on the subject of receiving Federal prisoners into the penitentiary for safe-keeping, dated at Sabine Pass, September 11, mailed at Houstomi 16th instant, reached me this morn- ing. Were it my province as superintendent of the penitentiary to accede to your wishes, I would most cordially co-operate with you in carrying out your desires. But I have alone charge of the financial affairs of the institution, and have no power in the premises. It was by no act of mine the forumer prisoners were removed; it was the act of the superintendent, Thomas Carothers, and I think in accordance with suggestions from the Executive. I have handed your communication to Mr. Carothers, with a request to write you on the subject ]mme(liately. Respectfully, your obedient servant, JOHN S. BESSER, Financial Agent Penitentiary Page 300 300 PRISONERS OP WAR ANlI~ STATE, ETC. WASHINGTON, September 18, 1863. General S. A. MEREDITH, Commissioner Jor Exchanges: SIR: Your communication of the 14th instant to Colonel Hoffman, inclosing the letter of Mr. Ould of the 11th, is before me. For the purpose of guarding against a misunderstanding and an erroneous principle of action on the subject of declaring exchanges, you will inform Mr. Ould that the cx parte declaration of exchange, pro- posed in his communication to be made the next day (following the date of that communication), is deemed to be not only without authority from the cartel, but contrary to the usages of war. The fifth article of the cartel (General Orders, No. 142, 1862) would have authorized Mr. Ould to discharge prisoners of the Federal forces, furnishing a list of them, and then to discharge au equal number of his own officers and men from parole. The cartel not only contemplates a mutual exchange of lists (article 5), but expressly declares (article 4) that no exchange is to be considered complete until the officer or soldier exchanged for has been actually restored to the lines to which he belongs. In order to complete the arrangement declared by Mr. Ould it will be necessary for you to make a declaration of exchange of as many of our officers and men as have been delivered at City Point since the last declaration, provided the number does not exceed the number desig- nated in Mr. Oulds declaration. Then you can proceed further and arrange with Mr. Ould for the dis- cli arge from parole of any excess which can be balanced either way by officers or soldiers actually on parole. Prisoners of war actually in our hands are not to be exchanged at tIme present time. You will please be careful not to jeopard this point. You can receive any officers or soldiers whom Mr. Ould may offer at City Point, and arrange with him for a mutual declaration of exchange for those of his officers and men already omi parole in the South, grade for grade. Colonel Hoffmans letter of tIme 5th ultimno will give you some sug- gestions about exchanges, but it will be necessary for you to be exceed- ingly guarded in framing your declaration to confine its application to rebel prisoners already paroled, and on no account, by any accident, to use language which can give the South a claim upon prisoners now in our actual possession; not but that these will be used for exchange at the proper time, but not while the North has, already delivered and on parole, more than enough to cover all deliveries made or to be made by the South. Very respectfully, your obedient servant, E. A. HITChCOCK, Major- General of Volunteers, Commissioner of Exchange. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, September 18, 1863 Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, Washington, D. C.: COLONEL: Your letter of the 16th instant received. I send you a reamended declaration of exchange. Very respectfully, your obedient servant, S. A. MEREDITH, Brigadier- General and Commissioner for Exchange Page 301 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 301 [Inclosure.] OFFICE COMMISSIONER FOR EXCHANGE, Fortress Monroe, Va., ~~epteinber 18, 1863. All civilians who may have been arrested by the Confederate author- ities and delivered on parole at City Point or at other places across our lines on or before the 6th of May, 1863, are hereby discharged from any and every obligation contained in any parole they may have given to the enemy. S. A. MEREDITH, Brigadier- General and Commissioner for Exchange. [Indorsernent.] WAR DEPARTMENT, October 20, 1863. COLONEL: I return the inclosed as you desire. It is deemed best not to include this in the general order declaring exchange of soldiers; at any rate, just iiow. E. D. TOWNSEND. LIBBY PRISON, Richmond, September 18, 1863. Pursuant to previous notice, a meeting of the officers of the U. S. Army now confined in Libby Prison as prisoners of war was convened for the purpose of considering their condition and treatment while in such confinement and the best and proper means of improving the same. On motioii, Maj. E. N. Bates, Eightieth Regiment Illinois Volunteers, was called to preside, and Maj. Harry White, Sixty-seventh Regiment Pennsylvania Volunteers, was elected secretary of the meeting. Upon the organization the chair was called upon to state the object of the meeting. To this call he responded by stating that this meeting as he was informed was called by the officers confined in Libby Prison to con- snlt upon the best meaiis of improving our physical condition while in confinement, and to inform the United States Government of our treat- ment by the Confederate authorities, and to correct any niisrepresenta- tion or misapprehension touching the same. The meeting was attended by nearly all of the officers confined in the prison, and much feeling was manifested in the ob~ject of the meeting. On motion, a committee of three officers was appointed by the chair to report the sense of the meeting. The chair appointed on said com- mittee Lieutenant-Colonel Williams, [Twenty-fifth] Regiment Ohio Vol- nnteers; Dr. William Spencer, assistant surgeon Seventy-third Indiana Volunteers; Capt. B. F. Fisher, Signal Corps, U. S. Army. This committee withdrew a few moments and returned wWh the following report, which was read to the meeting and instantly adopted with the manifestation of much feeling and not a dissenting voice: LIBBY PRIsoN, Richmond, September 18, 1863. Maj. E. N. BATES, President of Meeting of Officers, Prisoners of War, in Libby Prison: SIR: Your committee appointed to report the sense of this meeting on the matters it was called to consider would respectfully report as follows: Whereas the officers of the U. S. Army now confined in this prison as prisoners of war have understood a communication, dated September, 1863, signed by two officers of the U. S. Army of advanced rank, confined here, represents the entire satisfaction of those two officers with the treatment received at the hands of the Confederate Government and the officials of the prison, which paper hns been given to the authori- ties now holding us, and will doubtless he forwarded through our. commissioners of exchange to our Government and he otherwise made public. While the said communication undertakes only to give the individual opinions of its signers, we yet fear by improper inference therefrom the opinions and feelings of the officers, prisoners here, may be compromised and our Government be misinformed thereby. We deem it proper and necessary to make a fair and truthful statement o Page 302 302 PRISONERS OF WAR AND STATE, ETC. our actual conditibn and treatment, that such action by our Government may be taken in the premises as may be necessary and proper to secnre us relief. We beg leave to state that many of our fellow-officers have received and are receiv- ing treatment, indignities, and punishments unauthorized by the rules of civilized warfare. Officers captured in honorable warfare have been and are often addressed without proper cause in low, abusive language unworthy the tongue of a gentleman, and fonnd only in the billingsgate of the blackguard; some have been struck with the fist and open hand, some have been confined for weeks in lonely loathsome cells on loose and unsustained charges, and others again have been confined in these cells for the most trival offense, even for spitting on the floor of the prison. In addition to these personal and individual sufferings, the general condition and situation of those confined here are unanthorized by all civilized military precedent and the dic- tates of humanity. The published accounts in our daily papers of the condition and treatment of the prisoners in our Northern military prisons contrast strongly with our present situation. Five hundred and seventy-one officers are at Present confined here in four rooms, containing by actual measurement 16,936 square feet, or twenty-nine square feet less than six feet squareto each individual. These rooms are used for sleeping, cooking, eating, and for all other purposes. From the barred windows of these rooms we can look on the world outside, but are never permitted to go into the pure air or walk upon Mother Earth. One room is furnished with bunks for some of its occupants; in the others prisoners lie huddled in groups upon the floor during the night, with the allowance of one blanket each; some have no blankets at all. No seats are provided, and any one found seated upon his blanket during the day has it rudely dragged from him; the sickness of the possessor of the blanket will not save it for him. Vermin (lice) abound in every room occupied. August 13, 1863, some thirty sur- geons confined here as prisoners of war held a meeting and gave expression of their opinions of the character and sufficiency of the rations received. They stated that in their opinion as surgeons the rations then being furnished (they remain unchanged) to the officers confined as prisoners in Libby Prison are insufficient in quality and quantity to maintain a healthy condition and prevent disease ; also that articles of vegetable diet are necessary, in addition to the rations now issued, to preserve a healthy physical condition in men thus situated, and to counteract the scorbutic tendency incident thereto. Officers have at various times fallen upon the floor in fits, occasioned, as the surgeons affirm, from want of proper food. Those having money in their own hands, save the officers of Milroys command, are per- mitted to send out and have articles purchased from the markets of the city. The large majority here, however, are without money, although they have considerable amounts in the hands of the Confederate authorities, yet they cannot obtain any for these necessary purposes. Those without money in their possession are compelled to live on the scanty rations furnished by the authorities and such contributions as they may receive from others. It is no uncommon sight in the prison to see men eagerly seek and eat what others leave. The amount of money daily sent out from the four rooms to obtain vegetables, & c., is from $800 to $1,000, from which fact the insufficiency of the food issued can be readily infe;red. This daily expenditure would be increased largely if the authori- ties here would allow us to have the use of our money they now withhold from us. It is but proper our Government should know that money sent us from our friends in the North is detained by the authorities here from us. Colonel Streight, one of the prisoners here, in a communication addressed to Hon. James A. Seddon, Secretary of War of the Confederate Government, dated August 31 [30], 1863, copies of which were sent to the several coinmi~sioners of exchange, laid these facts l)efore the Confederate authorities in an unexaggerated form. Still our condition is unremedied and the grievances therein set forth are augmented, as there is less money among ns. Believing the foregoing to be a true statement and just to all parties and adapted to deny the inference that may be drawn from the conimunication referred to at the commencement of this report, we have the honor to submit it for your action. BY THE COMMITTEE. After the reading awl adoption of the foregoing report the following resolutions were submitted to the meeting. Their reading created much enthusiasm, and, after discussion by several officers, were unani- mously adopted. On motion, the meeting then adjourned. E. N. BATES, Major Eightieth Negiment Illinois Volunteers, President. HAThRY WHITE, illiajor Sixty-.~e eenth Regiment Penusyleania Volunteers, Secretary Page 303 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 303 1. Resolved, That the written statement addressed to Capt. J. War- ner, commissary of subsistence, C. S. Army, indorsed and vouched for by Col. Charles SAT. Tilden, Sixteenth Maine Volunteers, and Lieutenant- Colonel Sanderson, commissary of subsistence First Corps, U. S. Army, in reference to the treatment and sentiments of the officers confined here, is in every particular a gross misrepresentation of facts, and in its reasonable inferences unqualifiedly false. 2. Resolved, That said statement is directly calculated to stifle the voice of onr reasonable complaint, as truthfully set ftrth in the com- munication of Col. A. ID. Streight, which they stigmatize as unjust and nntrue, to mislead and deceive our commissioner for exchange of pris- oners and our Government. 3. Resolved, That in view of the cruel and inhuman treatment of the enlisted men of our Army by the Confederate anthorities which daily comes under our notice, imot to speak of the iii dignities and deprivations to which our officers have been subjected, this action of those officers whose names are attached to the communication referred to in the first resolve meets our unqualified condemnation. 4. Resolved, That our thanks are due to Colonel Streight for his fear- less and unselfish efforts to secure for us additional accommodations from our enemies, and that an increased amount of rations are some of the fruits of his labors, and that the course he has pursued in relation to our condition meets with our hearty approval. WAsHiNGTON, ASeptember 19, 1863. Major-General GRANT, Vicksburg: GENERAL: I inclose herewith* what purpoi~ts to be an exchange of the rebel prisoners taken at Yicksburg. No such exchange has been made. The act of Commissioner Ould is entirely ex parte and in viola- tion of the cartel. Our commissioner has protested against this act of bad faith and deception on the part of the rebel authorities. Very respectfully, your obedient servant, II. W. HALLECK, General-in- Chif OFFICE CoMMIssARY- GENERAL OF PRISONERS, lVashington, P. (3., AS~evtember 19, 1863. Hon. S. COLFAX, South Bend, md.: DEAR SIR: I received to-day your favor of the 16th instant and have given it immediate attention. I have written to General Meredith, commissioner of exchange, to inquire of Mr. Ould what restrictions have been placed on the delivery of money to Union prisoners in the Pxich- mond prisons, and when I get the information in an official way then I can lay it before the Secretary for his action. Your note contains the first intimation I have received that the money found in possession of Morgans officers was taken from them by Governor Tod, and that the case may be clearly understood I shall have to get the particulars on this side of the affair also. As Mr. Ould has recently sent money through me to prisoners at Johnsons Island, I (lout think he will per- sist in withholding from our people money sent to them by their friends. There does not seem to be any immediate prospect of the release of and *See Ould to Meredith, September 11, p. 279, inclosing (icelaratiol] of exchange Page 304 304 PRISONERS OF WAR AND STATE, ETC. exchange of Streights officers, but they have recently been placed on the same footing with other prisoners of war and will be released when they are. Yours, very truly, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, P. C., September 19, 1863. Brig. Gen. S. A. MEREDITH, Commissioner for Exchange, Fort Monroe, Va.: GENERAL: Your letter of the 14th instant to Major-General Hitch- cock, commissioner for exchange, suggesting the discharge of John F. Scott, of Fredericksburg, on the appeal of Mr. Ould, has been referred to me that your suggestion might be carried out, but on examining the records I find that John F. Scott, of Fredericksburg, who was cap. tured at Spotsylvania, Va., May 2, 1863, was sent from the Old Capitol Prison to City Point May 20, 1863. Please say to Mr. Ould that if this is not the Scott referred to by him, and he gives me any information by which he can be found, he shall be immediately released. The release of the prisoners belonging to the Sanitary Commission mentioned in your letter of the 14th instant, captured by the enemy near Frederick, is foil ly appreciated, and if we hold any prisoners who may be claimed with them they will be immediately released. Mr. Ould speaks of nurses in our hands, but I can find none on the rolls except prisoners of war who are so styled on the reports from the hospitals, as I suppose from the fact only that they are so employed. If Mr. Ould can point out the cases which he refers to the matter will be attended to at once. It has been reported to me that money sent to Union officers in prison at Richmond has been retained by the authorities. Please learn from Mr. Ould if there is any foundation for this report. Large amounts of money have been sent to prisoners of war iu our hands, it being deposited with the commanding officer, subject to the order of the depositor, and we have the right to expect the same favor in return, more especially as our people are furnished with a very limited supply of food. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- Genefal of Prisoners. RICHMOND, September 19, 1863. Brig. Gen. S. A. MEREDITH, A gent of Exchange: SIR: I beg leave to call your attention to the fact that the wife, daughter, and son of four years of age of Captain MeNeill, of the Con- federate service, who have been sojourning for more than a year past with their relations at Chillicothe, Ohio, were arrested at Oakland, on the Baltimore and Ohio Railroad, about a month since and sent to Camp Chase. They left Chillicothe for the purpose of paying a visit to Hardy County, Va. Will you permit them to accomplish their visit ~ In fact~ will you release them from Camp Chase ~ How ca Page 305 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 305 you complain of the detention of such as Mr. Gerliart when helpless women and children, meditating no wrong to you, are sent to your prisons? Respectfully, your obedient servant, RO. OULD, Agent of Exchange. IIDQRS. DEPT. OF S. CAROLINA, GEORQIA, AND FLORIDA. Charleston, & ptember 19, 1863. Maj. C. B. MELTON, Commanding Post, de., Columbia, ASV. C.: MAJOR: The communication of Captain Senn, representing the crowded condition of the building containing the abolition l)risoners, has been submitted to the commanding general, who, in view of the facts therein set forth, authorizes you to send to Richmond all the non- commissioned officers and privates captured on Morris Island previous to the 20th of July, exclusive of J. Ellis, who will be sent to this city on first convenient opj)ortunity to be turned over to the State authori- ties. In connection with the offer of certain prisoners to take the oath of allegiance to secure their own release, the commanding general directs me to say that he disapproves the granting of any such privi- lege to prisoners of war. With this are transmitted letters for certain l)risoners now confined iii Columbia. Letters for the following persons contain various amounts of money, for which you will please forward a receij)t for the files of these headquarters: Lieutenant Meade, $20; Richard Tinker, $5; Licut. George C. Remer, $30; Acting Masters Mate Charles J. McCarty, $60.62; Lient. Ed. T. Broner, $100. Respectfully, your obedient servant, C. II. S[MITII], Assistant Adjutant- General. NoTE.Letter for M. L. Brayton, containing $25, was delivered to him in hospital in this city. Receipt on file here. K[EARNY]. HUNTSVILLE, & ptennber 20, 1863. Maj. Gen. J. B. MAO-RUDER: RESPECTED SIR: On yesterday I had the honor to have~handed me your esteemed favor of the 11th in relation to Federal prisoners, & c. As you have a wrong impression in regard to the part enacted by me as to said prisoners, you will pardon me for transgressing upon your valuable time by briefly stating what my position was in the premises. I never objected to receiving the prisoners. I never asked for their removal from here. The facts in the case are these: The committee appointed by the Legislature to examine into the affairs of the peni- tentiary entered their protest, and, as I understand, for warded the same to Governor Lubbock, insisting that said prisoners be not retained in the penitentiary. This, I think, influenced the Goveriior to request General Scurry to have them removed. Now, so far as I am concerned, I would; but respectfully request, if you desire me to receive what prisoners you have, that you obtain an order from the Governor to me to that efl& t. Then, if you please, direct mc as to the manner in which 20 R USERiES LI, VOL V Page 306 306 PRISONERS OF WAR AND STATE, ETC. said prisoners are to be treatedI mean as to clothing, feeding, & c. and I will cheerfully receive said prisoners and to the best of my ability carry out your instructions to the letter. I refused to General Scurry to receive the first prisoners sent here, it is true, but it was in this wise: I said, If I have charge of them, I must control and manage them in accordance with my own ideas. To this General Scurry consented, but when said prisoners were forwarded to me 1 was especially charged to remember that the prisoners must be treated as 1)risoners of war. They were officers, and this charge to me clearly implied I was to treat them as gentlemen. When I read the instructions to me sent with said officers I would have returned them from whence sent, but know- ing Governor Lubbocks aiixiety that everything should be done by his officers to forward the interests of and render all possible service to the military department occupying in Texas, I received the prisoners and discharged my duty toward them to the very best ot my ability. Under the order of the Governor I am entirely williiig to receive the prisoners you desire to send. One hundred I could take charge of forthwith. The balance I would want some little time (say two weeks) to prepare for. I would require the services of, say, eight men, and, with your consent, wonld ask for their detail from the State troops. The expense account I would ask to be settled monthly with J. S. Besser, financial agent, State penitentiary. If you can spare me as many as twenty prisoners (negroes would be preferred) to work in the factory, I will most gladly receive them, and after being placed in my charge I would relieve the military department of all expense in relation to them. I have the honor to be, most respectfully, your obedient servant, THOM. CAliOTHEIRS, Superintendent Texas Penitentiary. P. S.If you please, allow Governor Lubbock to see this, if convenient. T. 0. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., ~September 21, 1863. Hon. E. M. STANTON, SecretaryoflVar: SIR: I have the honor to inclose herewith a declaration of exchanges of rebel prisoners of war made by Mr. Ould, the agent from Richmond, which I have cut from a newspaper :* The number of officers covered by the first five sections of this decla ration is 1,208 The number of enlisted men is .... 14, 865 The number of officers covered by the sixth section is 72 The number of enlisted men is 5, 014 Making a total of officers 1,280 Making a total of enlisted men 22, 879 Aggregate 24, [59 Reduced to enlisted men 29,433 Of the Federal troops on paiole there are Officers Enlisted men 19,083 Aggregate 19, 159 Reduced to enlisted men - 19, 109 Which leaves a balance in our favor of 10,024 See Exchange Notice No. 6, p. 295 Page 307 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 307 I would therefore respectfully recommend that General Meredith be ilistructed to immediately declare the exchange of all Federal officers and enlisted men captured and paroled up to September 1, 1863. lie can then notify Mr. Ould that he has made this declaration, claim the balance that is dne us by Mr. Oulds declaration, and demand that he immediately return to their paroles all officers and men for whom they have paroled no equivalents or that they release an equal number from the prisons in Richmond. Mr. Ould has made a declaration which is wholly unwarrantable under the cartel and it might with great-pro- priety be set aside, but in the meantime, while the point is being dis- cussed, this large body of men will be arrayed in arms against us, and therefore I would respectfully urge that the counter declaration above suggested be announced in orders, by which all our paroled troops will be returned to the field and we will then have time to discuss the merit of the case and arrange the details with Mr. Ould at our leisure. I am, very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. WASHINGTON, September 21, 1SGS. General MEREDITH: The public announcement made in the Richmond Enquirer of Septem- ber 16 of a declaration of exchange by Mr. Ould, dated September 12, 1863, makes it necessary for you to declare exchanged without delay all officers and enlisted men captured and paroled up to September 1, 1863. Mr. Oulds declaration covers all being counted as enlisted men, 29,433, while yours will cover only 19,409, which will leave a balance in your favor of 10,024. Notify Mr. Ould of your declaration and claim a credit for his deficiency. Further instructions will be sent you by mail. Reply. E. A. HiTCHCOCK, Major- General of Volanteers, & e. General S. A. MEREDITH, September 21, 1863. Commissioner for Exchange of Prisoners: The communication of the 3d instant from His Excellency the Gov- ernor of Connecticut, on the subject of the crew of the bark Texana, having been returned with an indorsement from Mr. Omfld, proposing to discharoe said crew on the release of those similarly situated in Federal prisons, you are requested to say to Mr. Ould that I do not know nor can I hear of any prisoners held by us under circumstances corresponding to those of the Texana held in the South. If Mr. Ould will refer specifically to any such prisoners in our hands, they shall be releasedit being understood that the cases shall be similar. The communication from Mr. Ould of the 1st of August, referred to in the indorsement as unanswered, was handed to the Secretary of War on its receipt, who does not think proper to enter into such broad gen- eral agreements as proposed, implying so settled a state of things as does not in fact exist. Very respectfully, your obedient servant, E. A. HITCHCOCK, JJaj. Gen. of Vols., Commissioner for Exchange of Prisoners Page 308 308 PRISONERS OF WAR AND STATE, ETC. HEADQUARTERS WESTERN DISTRICT OF LOUISIANA, & ptembcr 21, 1863. Maj. Gen. N. P. BANKS, Commanding U. S. Forces in Louisiana: GENERAL: I have the honor to acknowledge the receipt of your reply to my communication respecting the release of the prisoners cap- tured by me in June last from the parole given by them. My, motive in discharging these men on their parole was the hnmane one of relieving them from the position, extremely unpleasant under the most favorable conditions, of prisoners of war nuder close guard. This release was not effected until after the lapse of many days subsequent to their capture. It was made at a distance from their own lines, and with no force threatening me so as to render it an object to be rid of the burden of guarding and maintaining them. It was done with the assent and approval of their immediate commanding officers, and in this respect the requirements of the cartel of exchange were complied with to the letter. Moreover, their release nuder parole was in accord amice with a practice which had all the force of an express agreement between the commanders of the opposing armies, and which controlled the case of the men captured on the Diana, the regularity of whose parole you recognize. The absence of all similarity between this case and the case of cap- tured officers and men paroled on the field to avoid the necessity of guarding and removing them, is too obvious to be dwelt upon. The agi-eement between the agents of exchange, a copy of which you send me, was made to prevent a repetition of the latter abuse, and although it had no application to the case of the l)1isollers released at Brashear, I had no notice of it, and conld have received none at the time I returned your captured men. I had the honor of calling your atten- tion in my first communication to the eighth rule in regard to paroles, published by the Government of the United States on the 28th of Feb- ruary last, for an official copy of which I am in(lebted to you. It is there prescribed as the proper rule of conduct for a prisoner of war whose engagement is disowned by his Government to return and sur- render himself to the capturing power. This is the case of the Bra- shear prisoners, and I claim, as I have claimed, compliance with the established usages of war, by their return to their original condition as prisoners of war. It is highly desirable that for the future all occasion for the renewal of difficulties respecting the exchange or release of prisoners of war in this military district should be removed. I assume, general, that you concur with me in ~the propriety of alleviating as far as possible the condition of those whom the fate of war may place in the power of either belligerent. If you think that a convention can be entered into by which the release of the prisoners under parole can be efi~ctcd without the neces- sity of transporting them to distant points for exchange or release, II am ready, upon my part, to concur in any arrangement which will attain this object. I have the honor to be, yours, & c., H. TAYLOR, Major- (lencral Page 309 CORRESPONDENCE, ETCUNION AND CONFEDERATE. 309 HEADQUARTERS WESTERN DISTRICT OF LOUISIANA, & pternber 21, 1863. Maj. Gen. N. P. BANKS, Commanding U. A~. Forces in Louisiana: GENERAL: I have given due consideration to the matters stated by you in your reply, under date of the 16th instant, to my comiriunicatioii to you concerning the execution of Mr. Glaisses and the arrest and deten- tion as hostages of non-combatant citizens residing on Bayou Be~uf. The killing of Captain Dwight is the act which led to, and in your view justified, these severe and exceptional measures against which it was the object of my letter to protest. We differ so widely with respect to the circumstances which attended the capture and death of Captain Dwight that continued discussion would be quite unlikely to bring us to an accord of opinion upon them. When I wrote to you I was in possession of the official statemeiit of the commander of the outposts, to whose orders the men by whose hands Captain Dwight fell were subject. They were not, as you have been erroneously informed, men who had abandoned the army, passing themselves off as peaceable citi- zens and receiving protection as such, but they were soldiers in the actual discharge of duties and occupying positions to which they had been regularly assigned by their superior officers, and they killed Cap- tain Dwight because he sought to make his escape after formally sur- rendering himself as a prisoner of war. However much the loss of an officer is to be regretted whose qualities as a gentleman and a soldier you estimate so highly, his killing was, under the circumstances, a lawful act of war. But even if it were otherwise, what I protested against, general, and what your answer has entirely failed to justify, was the execution of an innocent man against whom no charge was made or pretended of complicity in the slaying of Captain Dwight and the arrest and pun- ishinent of peaceful citizens, many of whom lived too far from the scene to be suspected even of harboring or concealing the presumed crimi- nals. These innocent men were made to suffer before any opportunity was given to the Government of the alleged offenders to investigate the case, and inflict such punishment upon them, had they been found guilty, as their crime would have merited, and as would have been sat- isfactory to your own Government. I said in my original communica- tion, and I repeat now, that the suffering of these unoffending men for the supposed guilt of others has nothing in the rules of civilized warfare to extenuate it. Our correspondence upon this subject will be laid before~my Govern- ment for such action as may be deemed proI)er. What I n6te, general, with most satisfaction in your letter, is the expression of sentiments with regard to the condnct of hostilities, in which I cordially concur, and which, if steadily observed by both belligerents, will tend greatly to mitigate the evils of this unfortunate war. I have the honor to be, yours, & c., H. TAYLOR, Major- General. OFFICE CO1VTNISSARY-GENERAL OF PRISONERS, Washington, September 21, 1863. Brig. Gen. A. SCIIOEPF, Commanding Port Delaware, Del.: GENERAL: I have the honor to acknowledge the receipt of your letter of 15th instant, inclosing a copy of your Special Order 165 and th Page 310 310 PRISONERS OF WAR AND STATE, ETC. recommendation of Captain Clark, that additional store-rooms be pro- vided to receive the winters supply of subsistence stores. The order provides very properly for all admissible communication with the prisoners and gives ample opportunity for them to receive from their friends such articles as it is proper for theiu to have. Complaints are continually made of the unkind and harsh maimer in which prison- ers are treated, but I place no confidence in them until I have proof which cannot be questioned. A few days since I received through Mr. ()uld, the rebel agent, a complaint made to their War Department by a sergeant-major who professed to have been a prisoner at Fort Dela- ware, in which lie represented that the prisoners were treated in the most shameful manner. I contradicted the whole thing as being almost wholly devoid of truth, and where there was any foundation for com- plaint it was so much exaggerated as to leave little semblance of truth. The iiame of the man could not be found on the rolls, and I even doubt if he had ever been at the fort. I know it is very difficult to get complete and perfect rolls, and when any discrepancies occur I take it for granted that it is owing to mis- statements on the part of time prisoners or some other unavoidable cause, which may be remedied by inquiry. From present prospects you may expect to have a pretty full comple- ment of prisoners at the fort during the winter and it will be necessary to put up a suitable storehouse to receive a supply of provisions, but I can scarcely think it possible that communication with the island will be cut off for two months during the winter. Whatever it may be will have to be provided for, and I think you may estimate for about 8,000 prisoners. If the fund is sufficiently large to meet the expense it will be very proper to use it in putting up a suitable store-house. It may be used also in the purchase of stoves for the use of the prisoners, or anything else that may be necessary to promote their comfortblankets, cloth- ing, & c. As the approaching cold weather will make it necessary that the prisoners should be more warmly clad I would suggest that you forward estimates for a supply of such articles as will be needed. Your note of 14th was duly received and I wanted to acknowledge it soonem, but many pressing engagements have prevented my doing so. I hope soon to have the pleasure of making you the visit I have so long had in contemplation, but just now it is quite impossible. I am, general, very respectfully, your obedient servant, W. JIOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. DEPOT OF PRISONERS, Johnsons Island, Near Sandusky, Ohio, September 21, 1863. Hon. IIOBERT GULP, Agent for Exchange of Prisoners, Richmond, Isa.: SIR: Knowing that regular communication between Ilichmond and the Trans-Mississippi l)epartment has been obstructed I have thought that it would not be improper in me to inform you that General Price proposed to the Federal commanders to exchange the prisoners then in his hands at Little Rock for their equivalent of those captured by the Federals at Helena, to be delivered in that department, and that before I left Saint Louis the prisoners that were at Little Rock had been paroled and were sent to Saint Louis to remain in a parole camp unti Page 311 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 311 they were exchanged. I was present at the coiiversation between Gen- eral Price and the Federal officers, and therefore know the proposition. I do not know the number paroled, but believe it was about 250. Yours, uiost respectfully, M. JEFF. THOMPSON, Brigadier- General, Missouri State Guard~ [Indorsemerit.1 OFFICE COMMISSARY-GENERAL OF PRISONERS, October 1, 18G3. Respectfully referred to General Schofield, commanding Department of the Missouri, who is requested to report the facts in this case. This letter to be returned. W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. WASHINGTON, AR K., September 21, 18G3. Hoii. JAMES A. SEDDON, Secretary of War, Richmond, Va.: I was requested by Brigadier-General Archer, from Maryland, now a prisoner at Johnsons Island, to forward you this communication. I have just returned from prison there, having bcen paroled, and was tol(l by him to say to you that lie would not sign his iiame to the comu- ninnication for fear of discovery in case it should be found ou my person. Very respectfully, your obedicut servant Y. H. BLACKWELL, Major, First ~Fifth] Missouri Caralry, Colonel Shelbys Regiment. [Inclosure. j We count here 1,600 prisoners, 1,200 officers. We can take the island, guarded by only one battalion, with small loss, but have no way to get off. A naval officer might procure in some way a steamer on the lake and with a few men attack the island and take us to Canada. C. C. Egerton, of Baltimore, would, I think, furnish a fitting crew to one of our naval officers who carried your indorsement to him, and would give valnable advice regarding how to get the men armed in steamer, & c. There is no truer or more dari~ig man in our service, and he has a large body of men sworn to obey him and help ns. Li~ut. George Bier or William Parker are suggested. FORT MONROE, September 22, 1863. Col. W. HOFFMAN: I have just returned from City Point. No arrangement was arrived at. Am anxious to see you. S. A. MEREDITH, Brigadier- General. HEADQUARTERS CAVALRY IN MISSISSIPPI, Canton, ]J~Jiss., September 22, 1863. Maj. Gen. S. A. HURLBIJT, Commanding U~ S. Forces, Memphis, Tenn.: GENERAL: About the 8th of .Inly Ileut. Daniel H. Jones, C. S. Army, was captured by the U. S. forces at Colhierville, while passin Page 312 312 PRISONERS OF WAR AND STATE, ETC. along the line of the Memphis and Charleston 1~ai1road from West Tennessee to Brig. Gen. J. It. Chalmers, C. S. Army, with dispatches, and I have been informed that the said Lieutenant Jones has since been tried three times as a spy, and has fimmally been convicted of that offense and sent to Memphis, Teun., to be executed as such. I desire, general, to know if such is the case, for I cannot conceive for one moment that such a violation of the rules of civilized warfare will receive your sanction, and I most earnestly hope that I will receive a disclaimer of any such action on the part of yourself or any of yonr subordinate officers, as it is my earnest desire to adhere to the rules of civilized warfare as far as practicable. I earnestly request that in case Lieutenant Jones has been convicted as a spy that you will sus- pend the execution of the sentence until further investigation is had in the case. This communication will be handed you by Capt. J. R. iRuffin, accompanied by Lieutenant Sneed and an escort of eight men. I am, general, very respectfully, your obedient servant, 5. 1). LEE, Major- General, Commanding. HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, ~September 22, 18G3. Brig. Gen. GEORGE L. ANDREWS, Commanding Corps dAfrique, Port Hudson: GENERAL: Your letter to the assistant adjutant-general of the department, dated September 14, 1863, covering correspondence between yourself and Colonel Logan on the subject of the treatment of prison- ers, has been received and laid before the major-general commanding. He directs me to inform you that the denial of Colonel Logau is deemed sufficient to prevent any act of retaliation on the part of the U. S. authorities. Colonel Logan cam hardly be justified, however, in placing officers and soldiers of the U. S. service in close confinement on the simple presem~tation of an official inquiry on your part, unless there were attending circumstances not alluded to in the correspondence. Very respectfully, I am, general, your most obedient servant, CIIAS. P. STONE, Brigadier- General and Chief of Staff. IIICILMOND, September 22, 1863. Maj. Gen. D. H. MAURY, Mobile, Ala.: SIR: The Secretary of War directs that Brig. Gen. Neal Dow, U. S. Army, referred to in your note of 8th instant, be sent to this city to await further orders in his case. Very respectfully, & c., S. COOPER, Adjutant and Inspector General. HEADQUARTERS DEPARTMENT OF VIRGINIA, Port Monroe, September 23, 1863. Maj. Gen. E. A. HITCHCOCK, Commissioner for Exchange, Washington, D. C.: SIR: I have the honor to report to you lmerewith the result of my interview with the rebel agent of exclmammge. I called his attention t Page 313 CORRESPONDENCE, ETC.tYNION AND CONFEDERATE. 313 the fact that his declaration of exchange of the 12th instant was not in accordance with the terms of the cartel. He acknowledged it to 1e the case, but stated that such had been the practice heretofore between Lieutenant-Colonel Ludlow and himself, and that when one agent had declared a special exchange the other was allowed to select the equiv- alents. This he expressed a desire that I should do. I expressed my readiness to complete the arrangement which lie had declared, but this could not be consummated in consequence of the rebel agents claiming as valid the paroles at Gettysburg and elsewhere, amounting to some 4,800. Mr. Ould made the following proposition: That all officers and men on both sides be released, unless there be actual charges against them. If officers or men are held on charges which their Goveriinent con- si(ler nujast, let one or more hostages be held for such. If there l)e charges against officers and men and they are not tried on the same within a reasonable time (to be agreed upon) they are to be discharged. I am, general, very respectfully, your obedient servant, S. A. MEREDITH, Brigadier- General and Commissioner for Exchange. FORT MONROE, September 23, 1863. Major-General HITCHCOCK: I have declared exchanged all officers and enlisted men captured aIl(l paroled up to September 1 l8~3. Will forward official papers to-morrow. S. A. MEREDITH, Brigadier- General and Commissioner for Exchange. FORT MONROE, September 23, 1863. Col. W. HOFFMAN: Will send to Baltimore for prisoners to-morrow. S. A. MEREDITH, Brigadier- General, cf~c. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washtngton, D. C., September 23, 1863. Hon. E. M. STANTON, Secretary of War: SIR: I beg leave respectfully to suggest that it would facilitate the management of the affairs of prisoners of war and lead to a more direct responsibility if the commanders of stations where prisoners are held could be placed under the immediate control of the Commissary-General of Prisoners. By the interposition of an intermediate commander the resl)onsibility is weakened and correspondence passing through him is necessarily much delayed, and through frequent change of commanders it is impossible to establish a uniform and permanent system of admin- istration. I would therefore respectfully suggest that an order of the following tenor be issued, viz: Hereafter at all stations where rebel prisoners of war are held they will be under the exelasive control of the commanding officer, who will be strictly responsible for theni to the Commissary-General of Prisoners, and, except froiti the War Department or the General-in.Chief, he wilt receive orders relative to prisoners only from o Page 314 314 PRISONERS OP WAR AND STATE, ETC. throngli the Commissary-General of Prisoners. The general commanding the depart- ment in which the station is located will, on the application of the Commissary- General of Prisoners, detail a suitable field officer to have the permanent command of each place, with a gnard, according to the necessities of the case. Commandants of departments and armies in the field will require in all cases full lists of prisoners captured, giving their places, & c., to be forwarded without delay to the Commissary- General of Prisoners, with a letter of transmittal showing the disposition made of the prisoners, and any other informatiou that may be of service. All rolls should be signed by the officer who makes them, and when prisoners are turned over by one officer to another a receipt shoimld accompany the rolls. Surgeons in charge of gen- eral hospitals where sick and wounded prisoners of war may be collected will be held responsible for them and will be governed by such instructions as he may receive from the Commissary-General of Prisoners. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. WASHINGTON; September 23, 1863. Major-General SCHOFIELD: A declaration of exchange has been made for all of our officers and men on parole prior to the 1st of September. They should be put in motion for their duty station without delay. B. A. HITCHCOCK, Major- General of Volnnteers. (Same to commanding officers of prisoners at Benton Barracks, Mo.; Camp Chase, Ohio; Camp Morton, md., and Camp Parole, near Annap- olis, Md.) OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., September 23, 1863. Col. C. THOMAS, Acting Quartermaster- General, Washington, 1). C.: COLONEL: In view of the probable uccessity for additional accommo- (lations at Camp Douglas for prisoners of war, I respectfully recommend that the buildings burned down last winter not yet rebuilt may be put np with as little tielay as possible. After the large expense recently incurred in the introductiou of water to the camp with an extensive sewerage, and the reconstruction of the fence, it is economy to prepare quarters for prisoners to the full extent of the grouwd. Yery respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. [First indorsement.] QUARTERMASTER-GENERALS OFFICE, September 23, 1863. Respectfully submitted to the honorable Secretary of War for his decision as to whether the additional buildings recommended to be erected by Col. William Hoffman, Commissary-General of Prisoners, shall be erected. CUS. ThOMAS, Acting Qnartcrmaster- General Page 315 CORRESPONDENCE, ETC.IJNION AND CONFEDEhATE. 315 [Second indorsement.] Forward an estimate of the cost of erecting the buildings. E. M. STANTON. [Third indorsement.] WAR DEPARTMENT, November 7, 1863. These papers are respectfully referred to the Commissary-General of Prisoners. The Secretary of War is not disposed at this time, in view of the treatment our prisoners of war are receiving at the hands of the enemy, to erect fine establishments for their prisoners in oar hands. Whatever is indispensable, however, to prevent suffering, whether from the effects of the weather or other causes, will be provided by com- manding officers of prison establishments if or(linary means fail, by the use of the prison fund if necessary to that end, as far as it will go, Nothing more will be authorized. By order of the Secretary of War: JAS. A. HARDIE, Assistant Adjutant- General. HEADQUARTERS DEPARTMENT OF VIRGINIA, Port Monroe, AS~eptember 24, 1863. Col. WILLIAM HOFFMAN, Commissary- General of Prisoners: COLONEL: On the 22d instant Brig. Geim. Charles K. Graham, U. ~. Yolnnteers, was exchanged for Brigadier-General Kern per. His attena. ant, N. G. Bowler, Company A, Seventh Virginia [sic]. The following named non-combatants were released from Libby Prison at the same date: Dr. Alexander McDonald, Rev. Mr. Scandlin, mem- bers of the Sanitary Commission; Leonard Brink, Henry E. Wrigley. Very respectfully, your obedient servant, S. A. MEREDITH, Brigadier- General and Commissioner for Exchange. HEADQUARTERS DEPARTMENT OF VIRGINIA, Port Monroe, September ~4, 1863. Hon. R. OULD, Agent of Exchange, Richmond, Va.: SIR: To meet your declaration of exchange of the 12th instant I inform you that I have this day announced the following: A declaration of exchange haviiig been announce4 by R. Ouhi, esq., agent for exchange, at Richmond, Va., dated September 12, 1863, to meet the same in part, os equivalents, it is hereby declared that all officers and men of the U. S. Army cnptnred and paroled at any time previous to the 1st September, 1863, are duly exchanged. S. A. MEREDITH, Brigadier-General and Commissioner for K change. The number of officers covered by the first five sections of your decla ration is 1, 208 The number of enlisted men is -. - - - 14, S6~ The number of officers covered by sixth section is -- - 72 The number of enlisted men is 8, 014 Making a total of officers - . - 1, 280 And total of enlisted men - - - 22, 879 Aggregate - 24, 15 Page 316 31(3 PRISONERS OF WAR AND STATE, ETC. Reduced to enlisted men 29, 433 Of the Federal troops on parole, there are Officers 76 Enlisted men 19, 083 Aggregate 19, 159 Reduced to enlisted men 19, 409 Which gives a balance in our favor of 10, 024 I now claim this balance which is due us, and I demand that you return to their paroles all officers and men for whom you have paroled no equivalents, or that you release an equal number from the prisons in fliclimond. Your declaration was wholly unwarranted under the cartel, and it might, with great propriety, be set aside. In it you failed to announce to me the sixth section, as published in the iticlimond Enquirer of the 10th instant, which covers 72 officers and 8,014 enlisted men. You did not, according to the terms of the cartel, furnish me with any list, or even give me the number of men, by which I could declare equiva- lents, nor did you give me any time to prepare my announcement. I here deem it incumbent upon me to state that I consider your course in this matter a deliberate breach of good faith on the part of the author- ities under whom you act. The fifth article of the cartel (General Orders, No. 142, 1862) would have authorized you to discharge prisoners of the Federal forces, furnishing a ~ of them, and then you could have discharged an equal number of your owu officers and men from parole. The cartel not only contemplates a mutual exchange of ~ (article 5), but expressly declares (article 4) that no exchange is to be considered complete until the officer or soldier exchanged for has been actually restored to the lines to which he belongs. As to the paroles given at Gettysburg and elsewhere, you made an agreement with my predecessor, Lieutenant-Colonel Ludlow, to take effect from May 22, 1863, that all paroles given not in accordance with the cartel should be considered null and void, flow, then, canyon claim as valid the Gettysburg paroles l If you have any rolls or lists of any men whom you may have paroled that I have not given you credit for, or if there should be any errors in my account, I will be happy to rectify the same. You declared exchanged, before my predec~ssor was relieved, certain officers captured at Yicksburg, in which (leclaration he refused to unite. There are but two officers, I believe (Generals Stevenson and Bowen), who are covered by your declaration of the 12th instant. If the other officers named have not been returned to their paroles, as requested by Lieutenant-Colonel Ludlow, you are indebted to us for their equiva- lents. The chief ground of the objection to that declaration is, that at that time there were iio equivalents of the same grade in our posses- sion (the only condition which would have warranted your making the declaration), and if we consented to it we would be obliged to offset them by officers of inferior rank. In making up the number of Federal troops to be exchanged I have included all those mustered out of the service, all discharged, (leserted, and deceased. Respectfully, your obedient servant, S. A. MEREDITH, Brigadier- General and Commissioner for Exchange Page 317 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 317 HEADQUARTERS ARMY OF NORTHERN VIRGINIA, Hon. ROBERT OULD, September 24, 1563. Oommissioner for Exchange of J~risoners, Richmond, Va.: SIR: I am under the impression that an agreement purporting to have been made between you and the Federal commissioner of exchange appeared in the Richmond papers last summer, the effect of which was that no paroles would be regarded as binding unless the paroled pris- oners were delivered at the established points or at some place agreed upon between commanding officers in time field. An ordcr to that effect was published by the Federal anthorities and I desire to know whether it was the result of an agreement between the commissioners. You will please inform me at your earliest conveimience what the facts are with reference io this subject. Very respectfully, your obedient scrvant, li. E. LEE, General. SALT SULPHUR SPRINGS, VA., September 24, 1863. Hon. JAMES A. SEDDON, Secretary of War: SiR: I have the honor to inclose to you a communication to the Richmond Examiner which I deem it proper in the first l)lace to sub- mit to you. If you consider it at all improper or inexpedient at this time to have it published 1 ask the favor of you to retain it in your Department, otherwise to have it sent to the Examiner for publication, whichsoever you may prefer. In either case my object will be obtained, which is in the discharge of what I conceive to be my professional duty to the defendantto have the facts of his case laid fairly before you in reference to any question which may arise as to his exchange as a prisoner of war. If I rightly construe the corresl)ondence of Mr. Ould with Lieutenant- Colonel Ludlow it seems to concede the status of Doctor Itucker as a prisoner of war but for the charges of murder aud larceny which occurred before his connection with the Northern Army and for which subsequent prosecutions are now pending. Heiice it seemed to me that any misapprehension or mistake as to the facts of those live charges ought not in justice to remain uncorrected. 1 write this without any previous consultation with my colleague, Mr. Michie, to whom I to-day inclose both my letter to you and to the Examiner with a request that if he concurs with me in recollection that he will signify that concurrence in writing at the foot Zf both these letters and then forward them at once to you. I have the honor to be, sir, with high respect, & c., N. hARRISON, Attorney for William 1~. Eneker. [Indorsern~nt.j 1 have no difficulty in saying, at the request of Mr. Harrison, that my recollection of the case of the Commonwealth v~. Rucker concurs entirely with his as stated in the accom~)anying paper, both as to the nature and state of pleadings in the cases and the circumstances under which they have been delayed on the docket. I have nothing to say about the communication of those matters to a newspaper, but think it impor- tant that time Government should be correctly informed, both on account of the rights of the prisoner and its own cause. THOS. J. MICHIE Page 318 318 PRISONERS OF WAR AND STATE, ETC. [Inclosure.1 SALT SULPHUR SPRINGS, VA., f~eptember 24, 1863. To the EDITOR OF THE RICHMOND EXAMINER: SIR: In the Richmond Sentinel of the 16th instant was published a let- ter from the lou. Robert Ould, Confederate agent for the exchange of prisoners, to Lient. Col. William H. Ludlow, the U. S. agent of exchange, dated the 23d of June, 1863, which contains a mistake as to the facts of Doctor Ruckers case, which I ask permission as one of his counsel to correct. In that letter Mr. Ould says: He (Doctor Rucker) was not under the protection of a soldier when he committed the felonies charged against him. The State is now prosecuting him for those crimes, and his trial has been delayed for two ternis of the court, at his own instance, as I am informed. The offenses here referred to by Mr. Gald must be the indictment against the defendant for the murder of Michael Joyce in Alleghany on the 23d of July, 1861, and an indictment for the larceny of a horse of Joseph A. Persinger, on the 27th of Jannary, 1-62. The remaining eight indictments against the defendant all have ref- erence to the charge of treason, which they embrace, and relate to events which occurred in Alleghany (luring his connection with the Northern Army, on the 17th, 18th, and 19th of May, 1862. Mr. Ould is mistaken in supposing that either this indictment for murder or that for larceny was ever continued at the prisoners instance. Of the charge of murder, the defendant was duly acqnitted by the county court of Alleghany on the 19th of August, 1861. Not- withstanding this acquittal he was indicted for the same offense before a special term of the circuit court of Alleghany in November, 1862. At that time a plea of former acquittal was tendered by the coun- sel for the prisoner, objected to by the Commonwealth, and the motion - to exclude the plea continued until the meeting of the circuit court of Botetourt (to which the venue was then changed) in December, 1862. The motion to exclude was then argued, upon the objection taken by the Commonwealth that an acquittal for unlawful stabbing with intent to kill did not necessarily import an acquittal of willful murder, but the objection was overruled by the court and the plea sustained. The counsel for the accused then announced their readiness to try the plea, but on the motion of the attorney-general, who asked for time to prepare a replication alleging fraud in the procuring of the acquittal before the county court of Alleghany, the case was con- tinued. At the next term of the circuit court of Botetourt, in April, 1863, at the instance of the counsel for the Commonwealth, and by a previous understanding to that effect between the counsel on both sides, all the cases against the defendant were continued. At the next and last term of the court (on the 1st instant) the defend- ant, who had been previously transferred to Danville at the instance of the Commonwealth and on account of the hostile movements then pending in the adjoining counties, was not reqnired to be removed to Fincastle, so that his cases of course by operation of law stood con- tinued until the next spring term. The indictment for larceny we were ready to try at its first calling in Fincastle, and have been ready to try ever since. We have never regarded it as anything but a frivolous prosecution against the prisoner for stealing a horse, which he fairly purchased from his debtor, at his instance, and for which he gave him credit o Page 319 CORRESPONDENCE, ETC.UNJON AND CONFEDERATE. 319 an execution which he held against him. Besides, the pending proseen- tions for both of these offenses were instituted after the defendants capture at Nicholas Court-House in July, 1862. At the December term, 1862, the indictment for treason was demurred to upon the ground that, if treason at all, it was treason against the Confederacy and not against the State of Virginia. The prisoners counsel were then anxious and the court was then ready (as it stated) to decide the demurrer but, at the instance of the counsel for the Commonwealth, that decision was deferred until the ensuing term of the court, and the demurrer is still pending. The indictment for burning the Cow Pasture bridge and the other seven iiidictments for stealing horses, grain, and other property (which we claim to have beeii impressed instead of stolen)all of these the Commonwealth was ready and proposed to try in December, 1862. To this we objected, and these cases were continued, on the motion of the counsel for the prisoner, for two reasons: First. Because, if innocent of the treason (or which is the same thing, if legally in the military service and employment of the United States) he could not be guilty of the overt acts relied upon as constituting that treason, and which would then be legitimate acts of regular war, instead of arson or larceny in a legal sense. Second. Because, if forced into a trial of these offenses we were with- ont any evidence as to the handwritii~g of Colonel Crook and other officers, in order to show the prisoners connection, either as provost- marshal or otherwise, with the Northern Army, and that in burning the bridge and impressing property he acted in a military capacity and in pursuance to the command of his superior officer. This is my recollection of the facts as they occurred in court. If I am wrong the learned counsel upon both sides or his honor (Judge Hudson) will no doubt be able to set me right. There appears to be a general misapl)rehension as to the present legal status of the defendant, which a more general acquaintance with the facts would perhaps remove. N. HA1~RJSON, Attorney for Williarn~ P. Pucker. I must throw myself on your indulgence and beg you to overlook the error of my copyist in writitig on both sides. of sheet. N. 11. [Indorsement.] OCTOBER 5, 1863. I see no benefit that could result to the Government froi~ the publica- tion of this communication. Mr. II. may be discharging only a duty to his client, but I am to consider only the effect on the Government, and in that view the publication can do no good and may prove mischievous. J. A. SEDDON, Secretary. GENERAL ORDERS, HDQRS. DEPARTMENT OF THE OHIO, No. 162. f Cincinnati, Ohio, September 25, 1868. Paragraph I, General Orders, No. 126 ~August 8j, current~ series,* from these headquarters, is revoked, to date August 17 last. The followingt in regard to the same subject is republished for the information and guidance of all. *Seep. 190. I See General Orders, No. 286, August 17, p. 212 Page 320 320 PRISONERS OF WAR AND STATE, ETC. Deserters from the rebel army will only be disposed of at the discre- tion of department commander. If discharged on taking the oath of allegiance or on other cause, a descriptive list of each case will be forwarded to department headquarters. By command of Major-General Burnside: W. P. ANDERSON, Assistant-Adjutant General. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, & jptefltber 35, 1863. Maj. I. SZYMANSKJ: SIR: You will at once proceed beyond the Mississippi River afl(1 dis- charge the following duties: First. Gather together as speedily as possible the lists of the paroles given by Federal prisoners at any time since the 1st of January last which have not heretofore beemi forwarded, correct whatever errors and imperfections may be in them, atid forward them to me. Let the lists, or paroles, if there be no lists, state upon the face when amid where the party was captured and when paroled, and whether he was detained in our hues or allowed to go or sent to the enemys lines. If the parties were sent by us to any point nuder flag of truce, let that fact be stated, when and where. If you can procure the certificate of the officer who made the capture, or in default of that of any officer who is per- sonally cognizant of the fact, let it be appen(led to the lists or paroles, as the case may be. I much prefer that lists should be sent rather thaum the paroles themselves. Second. Ascertain the number and locality of Federal prisoners who are now in actual captivity beyond the Mississippi. Inforni me what has been done with such as have been captured since January 1, 1863, and paroled. Let me know the places where and the time they were deliv- ered, as well as the time and place of capture. Let me know also what captures of Confederate prisoners have been made since said date and what has been done with them. Third. Comm unicate to the various commanders the proper method of making out lists or paroles. The lists and paroles mnust state upon the face when and where the parties have been captured and whether they were retained or released on their parole. Fourth. In the present situation of affairs paroles had better not be given. Where it is possible to keep the prisoners it must be done. If that cannot be done the prisoners should be delivered nuder a flag of truce at Vicksburg. Where there are prisoners on both sides they can be exchanged one for the other on the spot. The Federals recognize imo delivery of a paroled man except at ATicksburg or City Point, unless the comnianders of the two opposing armies otherwise agree. Fifth. Impress upon the differemit commanders the necessity of semud- ing lists of their captures (when the parties are paroled) by safe hands to me, retainiug a duplicate in event of loss. We have lost thousands by fiuilure in this respect. If captures are not reported we gain nothing by making them. Sixth. You will assist in establishimig parole camps and collecting our prisoners therein. Give to me information from time to time as to the number of prisoners therein, the organizations to which they belong, and such other matters as may be of importance. Wheneve Page 321 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 321 any future capture is made of a large number of men inform me of it and of the disposition made of them. Seventh. As to other matters exercise your own good judgment. IRO. OIJLD, Agent of Exchange. WAR DEPARTMENT, Washington, September 26, 1863. Brigadier-General MEREDITH, Fort Monroe: The following telegram has just been received by this Department. You will take immediate measures to communicate it to Mr. Ould and procure a suspension of execution until facts may be offered to show the real status of the prisoner and prevent an improper execution. There must be some mistake in the matter. Hon. EDWIN M. STANTON, Secretary of War: UTICA, September 36, 1863. Spencer Kellogg, quartermaster gun-boat Essex, condemned at Richmond as spy. His father will prove to you Monday that he should be held prisoner of war. Will yon do all in your power to save him? LEVI COZZENS. EDWIN M. STANTON, Secretary of War. WAR DEPA~RTMENT, Washington, September 26, 1863. LEVI COZZENS, Utica, IV. Y.: The Department is using every exertion to prevent the execution of Mr. Kellogg and to save him. EDWIN M. STANTON, Secretary of War. WASHINGTON, September 26, 1863. General S. A. MEREDITH, Fort Monroe: A member of the Sanitary Commission, just here from Richmond, reports a belief that Spencer Kellogg, an officer of the Essex steamer on the Mississippi, is under sentence of death at Richmond, the circum- stances being unknown. The strongest belief prevails that Kellogg is not amenable to the penalty of death under the laws of war and is entitled to the treatment due to a prisoner of war. You will lose no time in communicating with Mr. Ould on the subject, and urge him in the most earnest manner to have extrem~ proceedings against Kellogg suspended, if any are contemplated, until he can be allowed a hearing. There must be some mistake with regard to Kellogg, and it would be a cruel outrage against humanity that he should be a victim of it, to say nothing of the consequences which must follow any wrong done to him. E. A. HITCHCOCK, Major- General, & c. WASHINGTON, September 26, 1863. GENERAL MEREDITH, Fort Monroe: SIR: You can furnish Mr. Ould a copy of my telegram with regard to Spencer Kellogg. E. A. HITCHCOCK, Major- General. 21 R RSERlES II, VOL V Page 322 322 PRISONERS OF WAR AND STATE, ETC. WASHINGTON, September 26, 1863. General S. A. MEREDITH, Commissioner for the Exchange of Prisoners: SIR: The proposition submitted as from Mr. Ould, in your letter of the 22d iustant, that all officers and men on both sides be released, unless there be actual charges against them, & c., is not accepted. The effort to make a distinction between officers serving with different species of troops can receive no countenance whatever. The existing cartel is sufficient to meet all the demands of the laws of war. Very respectfully, your obedient servant, E. A. HITCflCOCK, Major- General of Volunteers, & c. HDQRS. HOFFMANS BATT., DEPOT PRISONERS OF WAR, Near Sandusky, Ohio, September 26, 1863. Col. WILLIAM HOFFMAN, Commissary- General of Prisoners, Washington, D. C.: COLONEL: Be kind enough to inform me whether the number ot prisoners will remain as large as it now is, in your judgment, any length of time, whether they will probably be increased and great whether there will be speedy exchange. Your judgment on these points will aid me in a number of matters of importance to this post. Very respectfully, your obedient servant, WM. S. PIERSON, Lieutenant- Colonel Hoffmans Battalion, Commanding Post. [Indorsement.] OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, October 3, 1863. There is no prospect at this time of any further delivery of prisoners on parole, and you should make provision for the winter for as many prisoners as the barracks will accommodate. Respectfully returned. W. HOFFMAN, Commissary- General of Prisoners. WAR DEPARTMENT, Richmond, September 26, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: I have this day declared exchanged the following officers and men of the engineer corps and sappers and miners captured and paroled at Vicksbnrg, to wit :* Respectfully, HO. OULD, Agent of Exchange. HEADQUARTERS DEPARTMENT OF HENRICO, Richmond, Va., September 26, 1863. Lient. JOHN LATOUCHE, Commanding C. S. Military Prison, Richmond, Va.: SIR: In obedience to instructions received from the Secretary of War in answer to a commnnication addressed to him September 26, * List omitted embraces riamesofl3officcrs an(1 14 men Page 323 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 323 1863, you are hereby authorized and will proceed to impress two buildings, one on the corner of Nineteenth and Franklin streets, known as Grants Factory; the other on Twenty-first street, between Main and Gary, and known as Smiths Factory. The impressment will be made without any reference to rent. Very respectfully, your obedient servant, JOHN H. WINDER, Brigadier- General. HEADQUARTERS DEPARTMENT OF TENNESSEE, Maj. Gen. W. S. iROSECRANS, September 27, 1863. Commanding U. S. Forces, Chattanooga: GENERAL: Every possible care and attention in our power have been bestowed on your wounded found on the field of battle. From the very limited supplies and attendants left with them, however, much suffering has resulted, which it was not in my power to prevent. Such as can bear transportation (to be selected by your medical offi- cers already on the field) will be paroled and sent to your lines, pro- vided you will send the necessary transportation for that purpose. The conveyances will be met by Col. J. P. Jones, of my staff, and a suffi- cient number of drivers, in front of my line, on the Lafayette road, at 8 a. m. to-morrow, and will be returned to you at the same point with their loads as soon as practicable. Any supplies you may desire to send by these conveyances will be allowed to pass. I am, sir, very respectfully, your obedient servant, BRAXTON BRAGG, General, Commanding. HEADQUARTERS, Fort ]liiionroe, September 27, 1863. His Excellency ABRAHAM LINCOLN President of the United States, Washington, D. C.: SIR: Dr. John P. Gray having accomplished the examination he was sent to make as to the sanity or insanity of Doctor Wright, of Norfolk, I deem it a proper opportunity for me to forward to you my convictions in the case and my most respectftfl suggestions. That the homicide was a deliberate and cold-blooded murder I enter- tain no manner of doubt, and looking to the nature and character of the troops of which Lieutenant Sanborn was an officer, I 4eem it essen- tial to discipline and proper feelings of pride and self-respect among the officers of colored troops that Doctor Wright should pay the penalty to which he was sentenced by court-martial. I have the honor to be, very respectfully, your obedient servant, J. G. FOSTER, Major- General, Commanding. OFFICE COMMISSIONER FOR EXCHANGE Fort Monroe, Va., September 27, 1863. Hon. ROBERT GULP, Agent of Exchange, Richmond, Va.: SIR: I have written to you twice in relation to the captain and crew of the bark Texana. You say that you will release them if we will release prisoners of yours in like circumstances. We do not know o Page 324 PRISONERS OF WAR AND. STATE, ETC. 324 any prisoners held by us under similar circumstances as the crew of the Texana. If you will refer specifically to any such in our hands they shall be released. Respectfully, your obedient servant, S. A. MEREDITH, Brigadier- General and Commissioner for Exchange. OFFICE (JO)VEMISSARY-GENERAL OF PRISONERS, Washington, D. C., & ptember 28, 1863. Maj. Gen. W. T. II. BROOI(S, Commanding Department of the Mionongahela, Pittsburg, Pa.: GENERAL: I am informed that there is much comment in Pittsburg on the many indulgences that are extended to the prisoners of war in the Allegheny Penitentiary, and that it is excused on the ground that it is done by my order. I have given no instructions in relation to the treatment of prisoners, except what are contained in my letter of the 18th of August and the regulations which accompanied. These do not authorize anything but what is necessary and proper, neither excessive clothing nor luxuries of any kind. No report has been made to me of the manner of subsisting them, but if they draw their rations the fund made from the surplus will furnish the means of procuring any vege- tables that may be required. Further than this nothing is to be pur- chased to eat, nor can they be permitted to purchase luxuries for them- selves. If there is any foundation for the reports I refer to, will you please give such instructions in relation to the treatment of the prison- ers as will put a stop to all irregularities~ I have not been informed what officer is in immediate charge of these prisoners, nor have I received any returns from him. Will you please require his immediate attention to the returns required by the regulations ~i I am, general, very respectfully, your obedient servant, W. HOFFMAN, Colonel Third infantry and Commissary- General of Prisoners. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, September 28, 1863. Brig. Gen. S. A. MEREDITh, Agent of Exchange: SIR: Until you hear to the contrary from me, any blankets or cloth- ing sent to the Federal prisoners here will be deliyered to them. In the meantime will you please answer my inquiry of the 2d instant as to any order forbidding money or clothing to be given to our prisoners now in captivity. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, September 28, 1863. Brig. Gem S. A. MEREDITH, Agent of Exchange: SIR: On the 31st of July last I wrote to Lieutenaflt.COlOnel Ludlow, informing him of the charges and specifications against Spencer Kellogg. Immediately thereafter I sent for the witnesses, and upon interro- gating them found that the charges and specifications were true. O Page 325 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 325 the 18th of this month he was brought b6fore a court-martial, and on the following day, upon the most ample evidence, convicted of being, first, a deserter from our service (which he at one time joined) to the enemy, and secondly, of having acted as a spy while in our service at Island No. 10. As yon are aware, he was captured in arms against us near Baton Rouge something more than a year ago. On the 25th of this month Spencer Kellogg was publicly executed by hanging at Camp Lee, near Richmond. Some day or two before the execution he openly confessed that he had been employed by the Fed- eral authorities as a spy and acknowledged the justice of his sentence. I am under the impression that he left letters for his relatives wherein the same admissions are made. In my next communication to you I will forward you a copy of the order in his case containing the charges and specifications. If you will reciprocate in such cases I will send you a certified copy of the record in his case. To my certain knowledge the evidence of his guilt was overwhelming, one of the witnesses being the lieutenant of engineers under whom he served while at Island No. 10. In spite of that, however, if he had not already been executed, I am sure a sus- pension of execution would have been ordered to await anything which you might have had to produce in his favor. His trial was fair and impartial. He was not tried before an improvised military commission, but before a general court-martial, convened months ago and composed of intelligent and honorable officers. A longer time elapsed from the time of his conviction to the date of his execution than is usually accorded to spies. Your Government cannot complain of the fullest notice. On the 31st of July I informed Lieutenant-Colonel Ludlow that he would be tried. When you see the charges and specifications you will see they are almost copied from my letter of that date. If there was anything to be produced in favor of Kellogg it should have been presented long ago. There must be, however, some mistake about the ability of his friends to show that he should not be treated as a deserter and a spy. The evidence and his own confessions settle those two facts beyond a doubt. I will give you further information as to this case in a subsequent communication. To-night I have not the time to procure it. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, ~ejptember 23, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: On the 1st of August last, in reply to your first communication respecting the captain and crew of the bark Texana, 1 gave you a list of six captures made by the Federal forces, some or all of which corresponded with that of the Texana. I refer you to the letter of August 1. The captures were made either at sea or in our western rivers. The parties were engaged in either exterior or interior com- merce. How they differ from the officers and crew of the Texaira I cannot conceive. I then made you a proposition in reference to the release of the officers and crews of all vessels who are now held in con- finement by either the United States or Confederate States. You have not seen fit to accept it Page 326 326 PRISONERS OF WAR AND STATE, ETO= I now mai~e another proposal, to wit: That the officers and crews of all merchant vessels who are now confined on either side be immedi- ately and unconditionally released. Either the proposal made in my letter of the 21st ultimo or in this present one will be acceptable to me. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. HEADQUARTERS DEPARTMENT OF TENNESSEE, September 28, 18G3. Maj. Gen. W. S. ROSECRANS, Commanding U. S. Forces, (ihattano oga: GENERAL: In return for the prisoners paroled and sent to your Lines I request that you will place on parole and return to me an equal num- ber, or as many as you may have able to bear transportation. In this request I beg leave specially to include Brig. Gen. ID. W. Adams, who is reported to be in Chattanooga wounded. I am, sir, very respectfully, your obedient servant, BRAXTON BRAGG, General, Commanding. HOUSE OF DELEGATES, September 28, 18G3. Hon. JAMES A. SEDDON, Secretary of War SIR: I respectfully desire to call your attention to a case of individ- ual hardship, for which there appears to be no redress unless in that final control over military matters which pertains to yoar office, a con- trol which I invoke in the interest of humanity and justice. An old, honest, and every way reputable citizen of this city, such being his char- acter as indorsed by some of the first citizens of Richmond, was in- formed about three months ago that his brother was a prisoner on Belle Isle and in a very destitute condition. He immediately applied for permission to visit his brother and supply his iieeds, but was refused. He then obtained letters representing him as a man of unexceptionable character, socially and civilly, and thus armed made a formal applica- tion to General Winder, which was as vain as the former. Another effort, more indirect in its character, was subsequently made, and still without effect. Meanwhile his brother represents himself to he shoe- less and almost naked, and the guards absolutely refuse to receive and convey to the prisoner goods furnished by his brother. Such inhumanity is, I believe, without a parallel -in the conduct of civilized belligerents, and is obnoxious to peculiar objection here, since our soldiers in Northern prisons have hardly ever been refused oppor- tunity to communicate with their friends and relatives, and even with strangers, and the amount of material aid which the Yankee Govern- ment has since the commencement of the war permitted even parties whom they consider disloyal to extend to our soldiers has been immense. With how much greater reason may a loyal citizen, honest, upright, irreproachable, ask the privilege of communicating with his impris- oned brother, from whom he has been separated for many years, and who now appeals to him for the common charities and absolute neces- saries of life. Not the least remarkable feature of this case is the pro- tracted detention of this prisoner when, as is alleged, hundreds who were incarcerated since have been exchanged. Very respectfully, A. M. KEILEY Page 327 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 327 OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., September 29, 1863. Col. J. C. KELTON, Assistant Adjutant-General: COLONEL: All troops who were paroled and within our lines up to the 1st instant have been exchanged. Deliveries since the 1st instant have not been exchanged. Very respectfully, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. HEADQUARTERS DEPARTMENT OF THE CUMBERLAND, General BRAXTON BRAGG, Chattanooga, September 29, 1863. Comdg. Confederate Forces, Bid qrs. Dept. of Tenn.: GENERAL: I am in receipt of your letter of the 28th instant request- ing me, in return for the prisoners paroled and sent to my lines by you, to parole and retnrn to you an equal number, or as many as I may have, who are able to bear transportation. The prisoners who will bear transportation, numbering between thirty and forty, will be paroled and sent to your lines to-morrow morning at 8 oclock. I inclose and forward herewith a copy of a letter* received from Brig. Gen. D. W. Adams, which will explain to you the reason for not send- ing him. I am, sir, very respectfully, W. S. ItOSECRANS, Major. General. HEADQUARTERS SEVENTEENTH ARMY CORPS, I7icksburg, Miss., September 29, 1863. Maj. Gen. JOHN A. LOGAN, Commanding Post: GENERAL: Official information having been received at these head- quarters that the Confederate authorities are returning to duty por- tions of the command captured and paroled at this place, prevkus to their being exchanged, in utter violation of their paroles and terms of capitulation, you will immediately instruct your provost-marshal to arrest and confine within the limits of the jail all persons wearing the Confederate uniform, and all persons not in uniform who are sup- posed to belong to the Confederate Army, that they may be sent North as prisoners of war. - The sick and convalescent in the Confederate hospital must be con- fined to the hospital grounds. Very respectfully, your obedient servant, JAS. B. MCPHERSON. Major- General. WASHINGTON, September 30, 1863. FRANCIS LIEBER, M. D .,New York City: MY DEAR DOCTOR: The newspapers state that Spencer Kellogg, masters mate of Mississippi gun-boat, a prisoner of war to the rebels, Not found Page 328 328 PRIS& NERS OF WAR AND STATE, ETC. was executed on Friday last. As our Government has threatened retaliation in case of such execution, if found to be unauthorized by the laws of war, it becomes necessary to examine the question with great care. Kellogg has beeu held for the past year as a spy, although not cap- tured as a spy, but as a prisoner of war. He unquestionably acted as a spy in February or March, 1862, but escaped and rejoined his ship, from which he was captured some time during the summer as an ordi- nary prisoner of war. We claim that not beiug captured while a spy, or previous to his rejoining our forces, he could not be considered or treated otherwise than as a prisoner of war. This is the doctrine of paragraph 104, General Orders, No. 100. I think I have seen the same doctrine stated elsewhere, but cannot now refer to any authority. Please give me references if you have any. I remember that the English in Major Andr6s case made a point that, even admitting he was a spy, he had, when captured, passed our lines and was on neutral grounds, and therefore no longer punish- able. A ready answer to this was that lines are movable, and extend and contract with the movements of troops. Andr6 had not reached the British lines when captured. Had he subsequently been taken as a prisoner of war his case would have been parallel to that of Kellogg. I do not now remember a case exactly parallel. Hale was captured within the enemys lines while acting as a spy. The Richmond papers add that he was executed as a spy and deserter. The latter charge I think is untrue, and is probably put in as a make-weight. I saw Kellogg myself and conversed with him immediately after his return from the rebel lines, and he never inti- mated that he had entered the military service of the enemy. It is important that we should take the right ground in this matter. I hope you will give me such information and advice as may be in your power. Yours, truly, H. W. HALLECK. HEADQUARTERS DEPARTMENT OF VIRGINiA, Fort Monroe, September 30, 1863. (Jol. WILLIAM HOFFMAN, Commissary- General of Prisoners: SIR: The rebel agent of exchange accepts my proposition to make a mutual monthly exchange of lists of persons who die in prison North and South, and says he will furnish me one in a few days. Will you have one forwarded to me for the month of September at your earliest convenience ~ Very respectfully, your obedient servant, S. A. MEREDITH, Brigadier- General and Commissioner for Exchange. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, September 30, 1863. Col. WILLIAM HOFFMAN, Commissary- General of Prisoners: SIR: The rebel agent of exchange informs me that blankets, clothing, & c., will be delivered to our prisoners confined in Richmond. Would it not be well to forward some to them ~ There are no lights in th Page 329 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 329 sashes in their prisons, and I am informed that none can be placed there. Much suffering will ensue during the approaching inclement season. I am, colonel, very respectfully, your obedient servant, S. A. MEREDITH, Brigadier- General and Commissioner for Exchange. [First indorsement.] OFFICE COMMISSARY-GENERAL OF PRISONERS, October 7, 1863. Respectfully referred to the Secretary of War, with the recommenda- tion that the Quartermaster-General be directed to forward to Rich- mond, through General Meredith, commissioner for exchange, 500 blankets of inferior quality, to be gratuitously issued to Federal prison- ers held in that city. It is further suggested that General Meredith require to be returned to him by Mr. Ould an acknowledgment of the receipt of the blankets from one of the senior Federal officers among the prisoners. If it is found practicable articles of clothing may be forwarded at an early date. W. HOFFMAN, Colonel Third infantry and Commissary- General of Prisoners. [Second indorsoment.] I concur in opinion with Colonel Hoffman. E. A. HITCHCOCK, Major- General of Volunteers. [Third indorsement.] ~TAR DEPARTMENT, October 13, 1863. Approved. By order of the Secretary of War: JAS. A. HARDIE, Assistant Adjutant- General. HEADQUARTERS, Annapolis, Md., & ptember 30, 1863. Col. W. HOFFMAN, Commissary- General of Prisoners: SIR: Nearly every boat which arrives with paroled prisoners of war brings to this place citizens who have been confined in Richmond, ga., and having been plundered of everything valuable are in~very destitute circumstances. A large portion of them have been in prison many months and many are in bad health, resulting, I do not doubt, in most cases from bad treatment and from not having had sufficient food. These persons being without the means to pay their expenses to their places of residence come to me for transportation, which, nnder present instruc- tions, I do not feel authorized to furnish. As those persons have suffered for their loyalty to the General Government and are now in distress, it appears to me that both justice and humanity require that aid should be given them to get to their friends. If these views are approved,~1 respectfully request authority to furnish them transportation to their homes. I am, sir, with respect, your obedient servant, C. A. WAITE, Colonel First Infantry, Commanding Post, Annapolis, Md Page 330 330 PRISONERS OF WAR AND STATE, ETC. [Indorsexnent.1 OFFICE COMMISSARY-GENERAL OF PRISONERS, October 5, 1863. Respectfully referred to the Secretary of War, with the recommenda- tion that the authority asked for be granted. W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., September 30, 1863. Lieut. Col. W. S. PIERSON, Commanding Depot Prisoners of War, Sandusky, Ohio: COLONEL: As the weather becomes colder the prisoners will require to be more warmly clad than heretofore, and you will therefore permit such of them as have the means, and when, in your judgment, it is abso- lutely necessary, to purchase overcoats or under-garments suitable to the season. To those who have no means of purchasing for themselves, if recommended by the medical officer, you can issue such extra cloth- ing as may be necessary. Make requisitions for such articles as you require. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary-General of Prisoners. HEADQUARTERS DEPARTMENT OF VIRGINIA, Port Monroe, September 30, 1863. Hon. ROBERT OULD, Agent of Exchange, Richmond, Va.: SIR: Had I succeeded, after waiting thirty hours, in obtaining an interview with you when I was last at City Point, I had intended to explain to you that the U. S. authorities had nothing whatever to do with the treatment that General Morgan and his command received when imprisoned at Columbus. Such treatment was wholly unauthorized. Very respectfully, your obedient servant, S. A. MEREDITH, Brigadier- General and Commissioner for Exchange. HEADQUARTERS DEPARTMENT O~ VIRGINIA, Fort Monroe, September 30, 1863. Hon. ROBERT GULP, Agent of Exchange, Richmond, Va.: SIR: In the hope that the officers of the medical departments on both sides may be mutually released who are now held as prisoners, I offer to you the following proposition: That all persons of the medical departments, distinctly known as such, held as prisoners on either side, shall be discharged, irrespective of numbers. If you will not agree to the above I propose that all shall be dis- charged, except one or more designated persons, for whom equiva- lents may be retained by the opposite party. We designate no one foxi exception. Very respectfully, your obedient servant, S. A. MEREDITH, Brigadier- General arid Commissioner Jhr Exchange Page 331 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 331 CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., September 30, 1863. A. M. KEILEY, Esq., House of Delegates: SIR: I have read with some surprise your letter of the 29th instant relative to the action of the officers in charge of the prisoners of war at Belle isle. The course pursued in the case mentioned is so dif- ferent from the general practice as known to me that I think there must be some mistake, and will be pleased if you will furnish the name of your informant that I may direct investigation. Your obedient servant, JAMES A. SEDDON, Secretary of War. RICHMOND, September 30, 1863. Hon. JAi~n~s A. SEDDON, Secretary oj War: SIR: In the matter of the accompanying letter of Hon. A. G. Brown,* I have the honor to make the following report: Governor Brown seems to have misapprehended the facts connected with the recent declaration of exchange. You are aware that I have been endeavoring for more than two months to come to some agree- ment with the Federal agent of exchange as to what paroles should be received and what rejected. You also know that in spite of my efforts no agreement has been made, and that I was compelled on my own responsibility as agent of exchange to make the declaration to which Governor Brown refers. That exchange released no one from captivity on either side. It was simply a set-off of paroles on both sides. I would very gladly have secured the release of our Gettys- burg prisoners, now in captivity at the North, by exchanging them for officers and men paroled by General Lee if it could have been done. In order to accomplish that the Federal assent was necessary, and that I could not procure. The enemy would not agree to even more favorable terms to him. Governor Brown seems to be under the impression that the Fed- erals paroled at Gettysburg have been released from their paroles. Such is not necessarily the case. I have paroles in my possession other than those given at Gettysburg, greater in number than the Yicksburg captures, which I have declared exchanged. It has been the constant practice of the agents of exchange on both sides, whenever one of them declared an exchange of paroled men, to allow the other to select the equivalents who were to be discharged from parole on his side. In no instance has ever a parol~d man been exchanged for one in captivity. Paroled men are exchanged for paroled men, and those in captivity for such as are in similar condition. You know what persistent efforts I have made to secure the release of all officers and men on both sides and how the enemy has constantly refused our fair offers. I sympathize with Governor Brown and his most excellent wife in their affliction, and I am sure when he is acquainted with all the facts he will not only acquit this office of all blame, but will be satisfied that everything whh~h honor and a proper regard for the interests of the Confederacy would permit has been done to secure the release of his son. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. Not found Page 332 332 PRISONERS OF WAR AND STATE, ETC. ~SEPTEMBER 30, 1863.For General Orders, No. 173, District of Texas, New Mexico, and Arizona, relating to disposition of prisoners paroled at Yicksburg and elsewhere, see Series I, Vol. XXVI, Part II, p. 276.] HEADQUARTERS OF THE ARMY, Washington, D. C., October 1, 1863. Hon. HORACE BINNEY, Philadelphia: My DEAR SIR: Pardon me for trespassing upon your time, and if not asking too much I will call your attention to paragraph 104, p. 18, of the accompanying General Orders, No. 100.~ One of our officers cap- tured by the rebels some nine months ago has just been tried and exe- cuted as a spy.t He entered the rebel lines in disguise as a spy about February, 1862, and escaped some time in March and returned to his duty. About January last he was captured as a prisoner of war, and has been executed as a spy within the last few days. If the doctrine laid down in paragraph 104 is correct, his execution is a violation of the laws of war and retaliation must be resorted to. It is suggested by the Secretary of War that I should ask your opinion as the very highest authority on this question. Very respectfully, your obedient servant, H. W. HALLECK, General-in- Chief WAit DEPARTMENT, Washington, October 1, 1863. Brigadier-General MASON, Columbus, Ohio: Lieutenant-Colonel Alston, a rebel prisoner, one of Morgans officers, lately in Camp Chase, made his appearance at Baltimore, pretending to have been released on parole by Major-General Hitchcock at the request of General Burnside. No such parole has been authorized by General Hitchcock or by this Department. Please explain immediately how this prisoner happens to be at large. Release no one in future without direct order from this Department. EDWIN M. STANTON, & cretary of War. OFFICE Col~Is8ARY-GENERAL OF PRISONERS, Washington, D. C., October 1, 1863. Surg. A. M. CLARK - Asst. itliedical Inspector Prisoners of War, Washington, D. C.: SIR: You will proceed without delay to make an inspection of the hospitals at the following-named places occupied by Federal paroled prisoners or by prisoners of war belonging to the rebel army, viz: Pittsburg; depot near Sandusky; Camp Chase, near Columbus, Ohio; Cincinnati; Louisville; Camp Morton, near Indianapolis; Camp Doug- las, at Chicago; Camp Butler, near Springfield, Ill.; Saint Louis and Benton Barracks, near Saint Louis. Make a close examination into the administration of the affiuirs of these hospitals in every part, and in those appropriated to rebel prisoners of war you will ascertain how far the regulations, a copy of which is herewith inclosed4 are carried out; * See Vol. V, this series, p. 671. I Spencer Kellogg. ~See Vol. IV, this series, p. 152 Page 333 CORRESPONDENCE, ETC .UNION AND CONFEDERATE. 333 what articles are purchased for the sick; how the property is accounted for, & c. Report particularly on the personal condition of the sick, whether cleanly in their persons, bedding, clothing, & c. In making your report be governed by the forms used in the medical department as far as they are applicable. Forward your reports by mail as soon as they can be made up, and having accomplished the inspection, report in person at this office. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. IIDQRS. HomIANs BATT., DEPOT PRISONERS OF WAR, Near Sandusky, Ohio, October 1, 1863. Col. WILLIAM HoFFMAN, Commissary- General of Prisoners, Washington, D. C.: There is a bad spirit among the prisoners. They have the idea that it would be a great thing for the Confederacy for them to escape, and they are talking about it being their duty to make the attempt, as they are superior in numbers to so great extent; that as all the Confederate officers are collected here, if they could get off to Canada their Govern- ment would be much relieved on the exchange of our officers who com- manded colored troops. Such things are reported to me by those who overhear. I have little doubt it will be only a question of time for them to make a revolt. If the numbers will continue as large, or larger, the force here should be immediatelyincreased at least two companies, in my judgment. It would also add much to our security if the U. S. steamer Michigan lay off here. I do not know how much it would interfere with the other purposes of the Government to have her ordered here, but she could certainly render a very important service. I need not say a word as to the importance of my charge at the present time. Very respectfully, your obedient servant, WM. S. PIERSON, Lieutenant- Colonel Hoffmans Battalion, Commanding. RICHMOND, October 1, 1863. Hon. JAMES A. SEDDON, Secretary of War: SIR: I have received the accompanying discourteous letter* from the Federal agent, which I will take occasion to answer in a few days in what I trust will be fitting terms. In the meantime pardon me for a few suggestions. General Merediths letter is filled with falsehoods. I cannot speak positively as to his first item of 1,208 officers and 14,865 men, who he says are discharged by my declaration of exchange. The lists I have received from Vicksburg are too imperfect to be fully relied upon. General Merediths computation as to the Vicksburg prisoners may therefore be true, though I doubt it. The second item of 72 officers and 8,014 men who he says were deliv- ered at City Point is grossly false. All the officers referred to were especially exchanged at the time of delivery, and therefore there is no See Meredith to Ould, September 24, p. 315 Page 334 334 PRISONERS OF WAR AND STATE, ETC. charge against us as to them. The number of privates delivered was 5,881 instead of 8,014. In paroles General Meredith gives me credit for only 19,409 men. From the time of the last declaration of exchange to September 1 1 have delivered at City Point alone 18,610 men, all of whom are on parole. I have other paroles amounting to at least 16,000. So that instead of being entitled to a credit of only 19,409,1 have due to me 34, 610. Allowing, therefore, that Merediths Yicksburg computation is correct, he would owe me upon the notice which he has published 7,500 instead of my owing him 10,024 as he claims. Meredith, not content with the falsehoods already referred to, utters several others. First. He says I did not give him notice of the sixth section of my exchange notice, which declared all persons delivered at City Point before July 25, 1863, exchanged. On the 1st day of August, 1863, I gave him notice that I had declared such an exchange and he took no exception to it. Second. He says I[ furnished him with no lists. This is also false as to the deliveries at City Point; as to the Yicksburg lists they were already in his possession and not in mine. Third. The statement about my agreement with Colonel Ludlow is false, and Meredith was so informed by me on 1st of August, 1863. I saw a similar statement in the Army and Navy Gazette and immedi- ately wrote to Meredith that the statement was untrue. You are aware that on the 23d of August last I proposed to the Fed. eral agent to arrange all our disputes about paroles on the principles of the general orders issued at Washington, or to adhere to our former practice. Neither one of these propositions has been accepted. I can neither get an acceptance nor refusal, though I have frequently pressed for one or the other. In view of that fact I published the declaration of exchange of September 12, 1863. You see what action has been taken upon that by the Federal authorities. I am entirely willing, if it meets with your approbation, to make a declaration corresponding with that of the Federal agent, exchanging all Confederate officers and men who were captured and paroled at any time previous to the 1st of September, 1863. I believe I would be justified before God and man in such a proceeding. Whilst the paroles held by them exceed ours to a considerable extent, their conduct has been so nefarious, their refusal to adjust the paroles on both sides so persistent, and their recent decla- ration so flagrantly outrageous that I believe I would be authorized to publish a declaration of exchange of all officers and men captured and paroled at any time before September 1, 1863. Such a declaration would not necessarily prevent a future adjustment oparoles. Perhaps it would facilitate it. When our indebtedness was ascertained it would establish a debt which we would honor. The Federals themselves have on more than one occasion, with no provocation, made an overdraw. If I made such a declaration I would accompany it with an expression of willingness to account for any deficiency in the number of paroles held by us when that deficiency was fairly and properly established. It might well be accompanied with a regret that their course had been such as to force the proceeding upon us. If this reconsideration does not meet your favor I propose at least that the parties captured at Port Hudson be immediately released from the obligation of their parole. The enemy has already discharged their own officers and men paroled at Gettysburg. They did it nearly two months ago. I do not think the Federal authorities recognize the Port Hudson paroles as valid. I have seen and heard enough to satisfy me that they do not so regar Page 335 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 335 them. Perhaps this discharge had better be made in general orders with the proper averments. If you think it can better be done by me as agent of exchange, I am prepared to do it. Respectfully, your obedient servant, HO. OULD, Agent of Exchange. CHICKAMAUGA, October 1, 1863. General S. COOPER, Adjutant and Inspector General: Unable to care properly for the enemys wounded, I have, by special agreement, paroled and delivered to him all fit for transportation. Medical officers, except four exchanged for that number of our own, will be sent to Atlanta, as I learil ours are held in the East. We have about fifty. B. BRAGG, General, Commanding. HEADQUARTERS, Columbus, Ohio~ October 2, 18G3. Hon. E. M. STANTON: Colonel Alston, a rebel prisoner, was released from Camp Chase and sent to Baltimore en route for Fortress Monroe on the following order from General Burnside by telegraph from Knoxville: SEPTEMBER 27, 1863. Brig. Geii. J. S. MASON: The following letter has just been received and you will immediately carry out the instructions contained therein: WASHINGTON, D. C., August. Major-General BURNSIDE, Commanding Army of the Ohio: SIR: Your communication of the 22d instant, addressed to the Secretary of War, setting forth the case of Lieut. Col. R. A. Alston, chief of staff to the rebel General John Morgan, has been handed to me by the Secretary with instructions to signify his just appreciation of the honorable conduct of Colonel Aiston. His parole will be respected and he will be sent to Fort Monroe to report to General Meredith, the commanding officer. General Meredith will he directed to include him among the first exchanges made. Very respectfully, your obedient servant, E. A. HITCHCOCK, Major-General of Volimteers and Commissioner for Exchange of Prisoners. Show this to Colonel Alston and report your action to the Commissary-General of Prisoners. A. E. BU~NSIDE, Major- General. The Governor and myself are much gratified with your order rela- tive to the release of prisoners, as it settles all (luestions ou the subject. JOHN S. MASON, Briqadier- General of Volunteers. HEADQUARTERS DEPARTMENT OF TIlE CUMBERLAND, Chattanooga, Tenn., October 2, 1863. Brig. Gen. L. THOMAS, Adjutant- General U. S. Army, Washington: GENERAL: I have the honor herewith to transmit, for the informatio!z1 and action of the Department, a copy of the parole that has been administered by the rebel authorities to the surgeons and assistan Page 336 336 PRISONERS OF WAR AND STATE, ETC. surgeons of this army lately captured at the battle of Chickamauga. From the reports of four of our medical officers exchanged yesterday, those yet remaining in their hands will, as soon as their services to the wounded can be dispensed with, -be confined and held as prisoners of war. The rebel officers, assigning as the cause, state that seventy-two of their surgeons and assistant surgeons captured at the battle of Get- tysburg in the legitimate discharge of their duties are now held by the United States Government as prisoners of war, and that the cartel has in this been violated on the part of the United States. They further state that they shall retain all U. S. medical officers captured, whether or not in the discharge of their duties as such, until the United States Government releases their medical officers captured at Gettysburg. I have the honor to remain, general, very respectfully, your obedient servant, W. S. IIOSECIRANS, Major-General of U. S. T7olunteers, Commanding Department. [Juclosure.] Copy of parole administered to surgeons and assistant surgeons of the U. S. Army captured at the battle of Chickamauga, Tenn., September, 1863. I, , of the U. S. Army, captured at the battle of Chick- amauga September, 1863, solemnly swear that 1 will not bear arms against or give any information detrimental to the Government of the Confederate States, nor in any manner assist the United States Gov- ernment in any service whatever until exchanged as a prisoner of war, and as I am only paroled to attend to the sick and wounded prisoners from the U. S. Army, as soon as I am relieved from that duty I will report to the commandant of the post at Atlanta, Ga., this to cease and be void when the cartel of exchange is fully observed toward such sur- geons and assistant surgeons as have been captured in the legitimate discharge of their duties. Subscribed and sworn to before me, Crawfish Springs, September 26, 1863. ALEX. McKINSTItY, Colonel and Provost-Marshal- General Army of Tennessee. WAR DEPARTMENT, Washington, October 2, 1863. Brig. Gen. E. B. TYLER, Commanding at Baltimore: The parole of Lieutenant-Colonel Alston is satisfactorily explained. It was by order of General Burnside, of which notice had not been given to the commissioner of exchange nor to the Department. You will release him and allow him to proceed to Fortress Monroe in accord- ance with the terms of his parole, explaining to him the cause of his detention. The honorable conduct of Colonel Alston on a former occasion induced the indulgence of parole to him as an excepted case. EDWIN M. STANTON, Secretary of War. WASHINGTON, D. C., October 2, 1863. General S. A. MEREDITH: SIR: Colonel Hoffman has just shown me another declaration of exchange, made by Mr. Ould, in which you do not appear to have been consulted Page 337 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 337 This mode of ex parte declarations is altogether inexplicable, being without warrant from any recognized authority, and may lead to unpleasant consequences to the parties declared thus exchanged if again taken prisoners, the nature of which cannot now be determined. On the subject of the crew of the Texana, please see the indorsement upon your last report on the sul~ject, forwarded by mail to-day. In your conferences with Mr. Ould on the subject you can explain that his propositions are not rejected contumaciously, but simply because there are complications in the matter which make it inexpedi- ent to make a general declarationone circumstance being that among the prisoners in our hands a considerable number seem to dread nothing so much as being sent South. In many instances they declare a Northern prison their choice in preference to being exchanged. On this account I wish you to obtain from Mr. Ould, if you can, a margin, so that we can, if we have them, make up the required number without taking active crews. It is hoped that the proposal for an exchange of medical officers and hospital attendants will lead to good results and that chaplains will also be exchanged. Mr. Oulds statement of the case of Spencer Kellogg, taking the facts to be as he states them, would appear to be satisfactory, though extremely painful, except that so far as his having been a spy before he was captured is not regarded as an offense to be punished after being captured. This principle is so laid down in the code we published a few months since. But if Kellogg was a deserter, his fate followed the offense of desertion. I wish it were possible to obtain the release of Doctor IRucker. The belief is universal on this side that he is not legitimately held. Make another trial in his behalf and that of Doctor tireen, whose fate is bound up with that of Doctor Hucker. Very respectfully, your obedient servant, E. A. HITCHCOCK, ]VIaj. Gen. of Vols. and Commissioner for Exchange of Prisoners. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, October 2, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: I most cordially concur with you in your proposal to discharge mutually all chaplains held as prisoners by either ~dde. E will send all we have by the next tiag-of truce boat. Please have those in your custody forwarded at the same time. Respectfully, your obedient servant, HO. OULD, Agent of Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, October 2, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: Your proposition of the 30th ultimo, to wit: That all persons of theinedical departments, distinctly known as such, held as prisoners on either side, shall be discharged, irrespective of numbers, is substan- tially a proposition that the Confederate authorities shall deliver to 22 R BSERIES II, VOL V Page 338 338 PRISONERS OF WAR AND STATE, ETC. you Dr. William P. Rucker, who is now in custody of the State of Vir- ginia for crimes committed before he had any connection with the Fed- eral Army. if it does not mean that I will agree to it most cheerfully. If it does, I cannot. Your alternative proposition that all shall be discharged, except one or more designated persons, for whom equivalents may be retained by the opposite party, is the old demand that we should consent to the reten- tion of Doctor Green or some other surgeon in retaliation for Dr. Wil- liam P. Racker. To that I cannot agree. We are either right or wrong in the retention of Rucker. If right, you ought not to hold au equiva- lent. If wrong, iRucker should be delivered np. In no aspect of the case should Doctor Green or any other equivalent be retained. in my communication to you of August 16 last I went fully into the case of Doctor IRucker. Can a single statement therein contained be successfully controverted? If not, upon what grounds can you deny our right to hold and try him~ I will really be obliged to you if you will show wherein I am wrong in any of the positions assumed in my conimunication of the 30th of August. When you deny our right to hold Doctor IRucker, or contend for your right to detain a hostage for him, am I to understand you as contend- ing that no officer on either side is to be held on charges preferred against him~ If you have any surgeon in confinement under charges let him be retained and tried nuder them. I will not complain, especially if they are preferred by a grand jury, as is the case with Doctor Rucker. I, however, can never agree that any surgeon shall be held as an equiva- lent or hostage for Doctor Rucker. Some doubt has been expressed as to whether IRucker was ever a surgeon regularly in your service. How is it as to that~ Respectfully, your obedient servant, BO. ()ULD, Agent of Exchange. RICHMoND, October 2, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: Sin: As you did not have the opportunity to explain to me at City Point how the U. S. authorities had nothing to do with the treatment that General Morgan and his command received when imprisoned at Columbus, will you be so kind as to do it now? I thought Morgan and his command were prisoners of war, captured by the 15. 5. forces, and therefore in their custody. You and I have talked t~vice about General Morgan, and no hint was thrown out that he was not a prisoner of the United States. So far from that, on the 30th of July last you informed me by letter that General John II. Morgan and his officers will be placed in close confinement and held as hostages for the members of Colonel Streights command. Will you please explain to me what you meant by this notice of the 30th of July if the U. S. authorities had nothing to do with the treatment that General Morgan and his corn- mand received. Nay, more, will you enlighten me as to the point why the U. S. au- thorities have allowed their prisoners and ~~hostages~~ to receive such unauthorized treatment for two months? I hope the reason is not of such a nature that it can only be communicated in a whisper. Let me have it on paper. IRe~pectfuIly, your obedient servant, 110. OULD, Agent of Exchange Page 339 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 339 RICHMOND, October 2, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: I am very glad that Lieutenants Baker, Pumplirey, Crutcher, and Thorpe have at last been released. There are many other officers yet behind precisely in their situation. I have frequently given a list of them to your predecessor. I will furnish you one if you desire it. You say the above named have been detained by some unaccounta- ble mistake. Each of their names, with the places of confinement, has been more than once presented to the Federal agent. Lieutenant Baker was at Fortress Monroe,the headquarters of the agent of exchange, for months. It is indeed unaccountable. I will make inquiry as to John W. Wolsey. Brengle did not belong to the Sanitary Commission. He was arrested upon his return from a difficult and hazardous military enterprise for which he was especially employed and paid. If you can bring him within the rule established as to members of the Sanitary Commission I will release him. Charles W. Webster is at Castle Thunder. He is a citizen abiding in captiv- ity until you release the non.combatants arrested on our soil and carried off to your prisons. I will make inquiry into the case of Henry D. Barnett. Respectfully, yonr obedient servant, RO. OULD, Agent of Exchange. RICHMOND, October 2, 1863. Brig. Gen. S. A. MEREDITH, Agent of Exchange: SIR: Your communication of the 24th ultimo, declaring that all officers and men of the U. S. Army captured and paroled at any time previous to the 1st of September, 1863, are duly exchanged, has been received. You are aware that when I met you on the 24th of August last at City Point I made to you the following proposal, to wit: I propose that all paroles on both sides heretofore given shall be determined by the general orders issued by the War Department of the United States, to wit, No. 49, No. 100, and No. 207, of this year, according to their respective dates, and in conformity with paragraph 131 of General Orders, No. 100, so long as said paragraph was in force. If this proposition is not acceptable I propose that the practice hereto- fore adopted respecting paroles and exchanges be continued. In other words, I pro- pose that the whole question of paroles be determined by the general orders of the United States, according to dates, or that it be decided by former practice. You have neither accepted nor declined either branch of that pro- posal, although I have, both in personal interview and by letter, solicited you to do one or the other. On the same day you submitted to me your proposition, which, unlike mine, was prepared beforehand, and which is as follows: I propose, on behalf of the Government of the United States, that all paroles given by officers and men between the 23d of May, 1863, and the 3d day of July, 1863, not in conformity with the stipulations of the cartel shall be regarded as null and void. A declaration to this effect to be published in both armies. That proposition I immediately declined. I then and there gave you my reasons. In the first place, I informed you that the Con- federate authorities had never at any time, and did not then, ask that paroles not in conformity with the stipulations of the cartel should be regarded as valid. I further told you that an agreement to regard as null and void paroles between certain dates, which were not i Page 340 340 PRISONERS OF WAR AND STATE, ETC. conformity with the stipulations of the cartel, was an implication that paroles liable to the same objection before the first-named date and after the last should be regarded as valid, and was therefore necessarily vicious on its very face. I also told you that another reason for declin- ing your proposition was the one which caused you to make it, to wit, that the paroles which had been given to us were between the dates embraced in your proposition, while those given to you were before and after. When I made the objection to your proposal that it intimated that paroles not in conformity with the stipulations of the cartel, before the 23d of May and after the 3d of July of this year, were to be regarded as valid, I asked you to state in writing that no such intima- tion was conveyed. This yoa declined to do, saying somewhat brusquely that you did not wish to have any discussion about the matter. Upon my pressing the subject, however, you put a memorandum at the foot of the proposition saying that the proposal was in reply to my letter of August 5, 1863, and in lieu of the proposition therein made by me. You would not, did not, disclaim the implication which your proposi- tion contained, nor have you done so since. My letter of the 5th of August only demanded, in compliance with your own General Orders, No. 100, that if you rejected the paroles the parties should be delivered to us. You informed me that you would transmit my proposition to Washington and give me a speedy answer in person or by letter. On the 7th of September 1 complained that no reply had been returned, although two weeks had elapsed and two boats had been dispatched to City Point since the date of our interview. At the same time I informed you that the Confederate authorities would consider themselves entirely at liberty to pursue any course with reference to my proposition which they might deem right and proper nuder all the circumstances of the case. Accordingly, on the 11th of September, in pursuance of this plain intimation, I notified you that on the following day (that being the time when the notice would reach you) I would declare exchanged a portion of the Yicksburg captures. I gave you the divisions, brigades, regi- ments, and batteries. I also informed you that I had in my possession more valid paroles of your officers and men than would be an equiva- lent for the exchange I then declared; that, in addition, I had deliv- ered at City Point some 10,000 or 12,000 men since the last declara- tion of exchange; that as it had been the practice, however, of the agents of exchange whenever one of them declared a special exchange to allow the other to select the equivalents, I gave you that privilege, and if you did not avail yourself of it I would name the Federal officers and men who were discharged from their parole by feasons of the dec- laration of exchange then made. This notification to you was not only in accordance with former practice, but was sanctioned, if not demanded, by the fifth article of the cartel, which, after providing for the manner in which each party~~ may discharge their~ officers and men from parole, says, thus enabling each party to relieve from parole such of their own officers and men as the party may choose.~ I have said this course was in accordance with former practice, and for proof refer you to the letters of Lieutenant-Colonel Ludlow, former agent of exchange, of the following dates of this year, to wit: April 6, 8, 13, 19, and 27; May 12,26, and 30; June 5,9, and 13, wherein he declared the exchange of Federal officers and men. In one of Lieutenant-Colonel Ludlows communications of May 30, 1863, he says: I have declared exchanged the Holly Springs capture; the Ninety-first Regiment Illinois Volunteers, captureJ at Elizabetlitown; Ky., December 27, 1862, and th Page 341 CORRESPONDENCE, ETC.IJNION AND CONFEDERATE. 341 captures at Mount Sterling on the 22d and 23d of March, 1863; also the officers and men of the Indianola. The exact numbers I have not on hand, but they foot up some hundreds less than the balance due. I will furnish you with the exact numbers as soon as received. The same boat that conveyed that communication brought another, written subsequently, but dated the same day, as follows: I have declared exchanged the Fifty-first Regiment Indiana Volunteers, Seventy- third Regiment Indiana Volunteers, and Third Regiment Ohio Volunteers. These number each less than 300 men, and compose a part of Streights brigade. I will add to the above declaration the Eightieth Regiment IllinoL Volunteers and fifty-eight men of the First Tennessee Cavalry. The enlisted men alone designated in either one of the communica- tions exceeded the balance due to Lieutenant-Colonel Ludlow. The excess in both communications was 2,290, without taking into account the captures at Mount Sterling on the 22d and 23d of March, 1863. You will observe that Lieutenant-Colonel Ludlow in these two corn- muni~ations did not furnish me with any list, or even give me the number of men, by which 1 could declare equivalents, nor did he give me any time to prepare my announcement. I quote from your letter of the 24th of September to me. Not only was that the case, but he made a wholesale exchange of the Mount Sterling capture by a simple reference to it as being made on the 22d and 23d of March, 1863, with- out any designation of corps, division, brigade, regiment, or company. Further than that I have never to this day been furnished with a list of those captured at Mount Sterling, or even with the aggregate num- ber. Such, then, were the circumstances and such the precedents under which L declared the exchanges of September 12, 1863. 1 have pur- posely gone into minute and faithful detail in consequence of the extraor- dinary character of your letter of the 24th of September. You state that you consider my course to be a deliberate breach of good faith on the part of the authorities under whom I act. In a bungling sort of way you have used language which casts an offensive aspersion both upon myself and the Government I represen t. If there had not been subjects of very grave import to both people referred to in other por- tions of your communication 1 would have treated it with the silent contempt it deserved and returned it to you without comment. For the first time in the correspondence of the agents of exchange has any such discourtesy occurred. I regret it very much. Heretofore I have had occasion to complain of the action of your Government, but it has always been done with decorum. 1 have never written a word person- ally olfonsive to the Federal agent of exchange or insulted his Govern- nient with a charge of deliberate breach of good faith. It is a matter of very little moment t& me what may be your opinion of my course. There are some people coiinected with this war who, either from ignorance or passion, seem to have no clear ideas on any subject. The opinion of such, even if uttered in the language of courtesy, is but of little avail, but if expressed with intemperance only exalts their folly. There has been no breach of faith on the part of the Confed- erate States, ~ or otherwise. You were importuned to agree to some fair principle by which paroles could be adjusted and computed. After patient waiting, after failure on your part to respond affirmatively or negatively, the Confederate Government, through its agent of exchange, did what was demanded by courtesy and justified both by former practice and the provisions of the cartel. I now proceed to notice the misstatements of your letter. I will not call them deliberate, although you had the means of correcting the Page 342 342 PRISONERS OF WAR AND STATE, ETC. at your hands, for such phraseology, so open to the imputation of dis- courtesy and coarseness, finds in such communications as the present only the precedent of your example. First. Your computation of paroles is incorrect on both sides. As to your item of 1,208 officers and 147865 men, embraced by the first five sections of my exchange notice, I have no exception to make. Some of our Yicksburg rolls were lost and I have not the means of making an accurate computation as to them. Your second item, however, of 72 officers and 8,014 men, embracing the sixth section of my exchange notice, is incorrect. In the first place, all the officers on both sides who have been delivered at City Point are exchanged. They were specially exchanged. Major Mulford knows that fact. All Confederate soldiers who were delivered at City Point up to May 23, 1863, including said date, were declared exchanged by Lieutenant-Colonel Ludlow, while the Federal troops were only exchanged up to May 6, 1863. The num- ber of Confederate soldiers reduced to privates delivered at City Point from May 23 to July 25 (the date named in my notice) is 5,881, instead of 8,014. The rolls show this very clearly. Of the Federal troops on parole you say there are 76 officers and 19,083 men. If these officers are those delivered at City Point you make an error against yourself. They have been exchanged. From the fith of May, 1863 (the time of the last exchange of Federal troops), to the 1st of September, 1863 (the time named in your notice), 1 have delivered at City Point alone, in privates, 18,610. All of these are on parole. I have other valid paroles in my possession amounting to at least 16,000 more. Allowing, there- fore, that your Yicksburg computation is correct, you owe me upon the last notice which you have published more than 7,000, instead of my owing you 10,024, as you claim. Many of the 16,000 paroles to which I have referred have been acknowledged by Lieutenant-Colonel Ludlow in his correspondence. So much as to your computation and your exchange notice based upon it. Second. You say I failed to announce to you the sixth section of my exchange notice, as published in the Richmond Enquirer of the 10th instant, which covers 72 officers and 8,014 enlisted men. This is not so. On the 1st of August last I informed you in writing that I had declared exchanged all Confederate soldiers who had been delivered at City Point up to July 20, 1863. No deliveries were made at City Point between July 20 and July 25, and therefore one announcement was the same as the other. I did not inform you of the exchange of the City Point men in my letter of the 11th of September because I had already notified you on the 1st of August. Third. You say I did not furnish you with any list, or even give the number of men, by which you could declare equivalents, nor did I give you any time to prepare your announcement. You were furnished with the lists of all paroled men delivered at City Point, numbering, up to September 1, 18,610 nien. As to other paroles held by me, you failed to accept or decline the terms upon which they were to be com- puted and adjusted and therefore it was useless to send them. You had, or ought to have had, duplicates of many of them in your posses- sion. If there was any particular capture on parole, or any special class of paroled men whom you wished to declare exchanged, you had only to announce that fact and the lists would be furnished if I had them and you had not. With what propriety could I send you lists which I believed to be in accordance with the cartel, but which you intimated you would decline to acknowledge l Moreover, according to my interpretation of the cartel, that instrument very clearly gives th Page 343 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 343 right to you to select what Federal officers and men shall be relieved from their parole whenever I discharge our officers and men from their parole. I claim the same right when you declare an exchange of your paroled men. If I had sent you lists of such of your officers and men as were relieved from their parole by my declaration of exchange, I would in effect have violated that provision of the cartel which gives the right to each party to relieve from parole such of their own officers and men as the party may choose. It was entirely unnecessary for me to give you the number of men whom my notice declared exchanged. They were all Yicksburg captures or City Point deliveries. You had the rolls of both. You had in your possession as much information as I could communicate, even if I had held the Vicksburg rolls, which I did not. I have already proved to you by the record that the former Federal agent when he declared exchanges gave neither lists nor the number of men. There is, however, a more recent case. You yourself have just declared a sweeping exchange. You have imot furnished me with any lists or designation of corps, division, bnigade, regiment, or company, notwithstanding the clamor you have raised about my omission in those particulars. Your objection as to want of time for the preparation of your announcement is a small one at best. The cartel does not make it incumbent upon me to give you time. Your predecessor did not give it to me. The correspondence, however, between us before the 12th of September was of such a nature as must have prevented a surprise. Fourth. I did not make any such agreement with your predecessor, Lieutenant-Colonel Ludlow, as you state, nor did I ever make any agreement with any one by which I renounced the right to claim the paroles given at Gettysburg. The first official letter which I ever addressed to you was in relation to this very subject. It bears date August 1, 1863, and is as follows: * The General Order No. 100 issued at Washington, which Lieutenant- Colonel Ludlow commnnicated to me on the 23d of May, 1863, in its 131st paragraph provides that if the Government does not approve of the parole the paroled officer must return into captivity, and should the enemy refuse to receive him he is free of his parole. In no com- munication, in no interview with either Lieutenant-Colonel Ludlow or yourself, where the subject was under consideration, did I ever fail to demand that if your Government rejected the paroles the parties should return into captivity. I had the warrant of your own general order for that demand, but pleaded it in vain. So far from carrying out its own general order your Government on the 30th of June last, while the order was in force and before the publication of GenerM Orders, No. 207, convened a court of inquiry, and required the court to give its opinion on the following l)oint, to wit: Whether Major Duane and Cap- tain Michler, captured and paroled on the 28th of June, 1863, should be placed on duty without exchange, or be required to return to the enemy as prisoners of war. The general order required the latter, but the court found that the Government was free to place those officers on duty without exchange. The reason given by the court was not that the Federal agent and myself had agreed to regard such paroles as invalid, but that 1 had been notified they would not be recognized. It is true that I was informed that certain paroles would nQt be consid- ered as valid, but I was also notified at the same time, by the same hand and through the same instrument, that the paroled officer must return into captivity if his parole was not approved. In other See i. 167, last communication Page 344 344 PRISONERS OF WAR AND STATE, ETC. words, on that day, May 23,1863, Lieutenant-Colonel Ludlow, with little or no comment, delivered to me General Orders, No. 100, as the rules adopted for the government of the Federal Army. I never had any intimation that all the provisions of General Orders, No. 100, did not continue in force nutil I received on the 8th of July, 1863, the fol- lowing letter from Lieutenant-Colonel Ludlow: * The notice referred to in Lieutenant-Colonel Ludlows letter was the delivery of General Orders, No. 100, with its one hundred and thirty- first paragraph. That paragraph was set aside by the provisions of Gen- eral Orders, No. 207, which bears date July 3, 1863, threedaysafterthe submission of the question of theparoles of Duane andMichler to the court of inquiry, two days after its finding, and several days after our captures in the Gettysburg campaign. On the 7th of July, 1863, Lieutenant- Colonel Ludlow substantially informs me that, although he notified me on the 22d of May that paragraph 131 of General Orders, No. 100, was to be continued in force, yet, under the circumstances of the case, and in view of what had taken place in Maryland and Pennsylvania, said paragraph was not to be considered as being in force at any time after the 22d of May, and General Orders, No. 207, although it was issued July 3, 1863, should be construed as bearing date the 22d of May pre- ceding. It will be observed that Lieutenant-Colonel Ludlow in his letter to me of the 7th of July nowhere says I had made any agreement with him, and yet it bears the same date as his letter to Colonel Kelton. It is apparent on the face of the paper that he is conveying to me cer- tain information for the first time, and that this information is the additional provisions of General Orders, No. 207, one of which set aside paragraph 131 of General Orders, No. 100. The court of inquiry in its finding (see Army and Navy Official Gazette, July 14, 1863) says I was notified,~ & c. Lieutenant-Colonel Ludlow in his letter to Colonel Kelton says it was distinctly understood between Mr. Ould and himself, & c. You in your letter of the 24th of September say I made an agreement with your predecessor. The notification first risen to an understanding, and is then elevated into an agreement. What further promotion it will receive remains to be seen. You have charged a deliberate breach of good faith upon the part of the Confederate States. Let me bring to your attention an incident connected with this matter of release from paroles: On March 9, 1863, General Schenck, of immortal memory, issued a General Order, No. 15, requiring all officers and men who had been captured and paroled in his department, and particularly in the Shenandoah Valley, but who had not been exchanged, to return to duty on penalty of being considered deserters. Your general order in force at that time No. 49, February 28, 1863in section 8, provided that if the engage- ment which a prisoner made was not approved by his Government, he was bound to return and surrender himself as a prisoner of war. The same General Orders, No. 49, in the same section 8, uses these memora- ble words, which I now set np against your present extraordinary claims, to wit: His own Government cannot at the same time disown his engagement and refuse his return as a prisoner. In spite of those honest words General Scheuck issued his order, which to this day has not been countermanded, in effect directing not only that such as were captured and paroled after March 9, 1863, should return to duty, but also all who had been captured and paroled under the cir- cumstances named since the beginning of hostilities, on penalty of being considered deserters. *Seep 90 Page 345 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 345 At that very time and afterward, even to as late as Stonemans raid, the former agent of exchange was charging against me and receiving credit for captures and paroles similar to those repudiated by Scheucks order. It is due to Lieutenant-Colonel Ludlow that I should say that when the matter was brought to his attention he declared that Scheucks action was without proper authority, and that I would have credit for such as reported for duty nnder the order. Still the order was not countermanded, but, ou the contrary, has been followed and sus- tained by General Orders, No. 207. I have received no returns of such as have reported under Schencks order aud never will. In your letter of the 24th of September, and others, you refer, in connection with our Gettysburg captures, to paroles not in accord- ance with the cartel. The phrase figures not only in your correspond- ence, but iu the findings of your courts and iu some of your general orders. Let me here in the most formal manner assure you that the Confederate Government considers the cartel to be binding and impera- tive to the fullest extent of any and all of its provisions. I have never asked you to respect a parole which is inconsistent with that instru- ment. You say the Gettysburg paroles are in contravention of the cartel. Let me give you some of themall or nearly all of them belong to one or the other class: I, the subscriber, a prisoner of war, captured near Gettysburg, Pa., do give my parole of honor not to take up arms against the Confederate States, orto do any military duty whatever, or to give any information that may be prejudicial to the interests of the same, until regularly exchanged. In the event that this parole is not recognized by the Federal authorities, I give my parole of honor to report to Richmond, Va., as a prisoner of war within thirty days. JOHN E. PARSONS, First Lieut. and Adjutant One hundred and forty-ninth Penn8ylvania Volunteer8. I, the subscril,er, a prisoner of war, captured near Gettysburg, Pa., do give my parole of honor not to take up arms against the Confederate States, or to do any military duty whatever, or to give any information that may be prejudicial to the interests of the same, until regularly exchaiiged. This parole is unconditional, and extended to a wounded officer for the sake of humanity, to save a painful and tedious journey to the rear. ROY STONE, Colonel One hundred and forty-ninth Pennsylvania Volunteers. We, the undersigned, of the company and regiment opposite our names, do solemnly swear that we will not take up arms against the Confederate States of America until regularly exchanged, in accordauce with the cartel, even if required to do so by our Government. The following-named prisoners, captured near Gettysburg, Pa., are paroled on the following conditions, namely: Not to take up arms against the CQ~federate States, or do any military duty whatever, or to give any informatioti that may be prejudicial to the same, until regularly exchanged. This parole is unconditional, and if not recognized by the authorities of the United States Government, all pledge them- selves to repair to Richmond as prisoners of war at the expiration of twenty days from this date. Does the cartel contemplate that these officers and men should be returned to duty without exchange ~ It nowhere says so npon its face. When we were without any cartel all such paroles, and in fact all mili- tary paroles, were respected. The very first act of the agents of exchange was to adjust mutual accounts as to the officers and men who had been captured and paroled before the cartel was signed. If it had been intended by the cartel to repudiate such paroles as were given at Gettysburg, or upon any battle-field, a provision to that effect in distinct terms would have been incorporated in it. That instrument was intended to apply to all prisoners of war held by either party to such as were in military depots or prisonsto suc Page 346 346 PRISONERS OF WAR AND STATE, ETC. as had been removed from the battle-field or place of capture and reduced into actual possession. It left the force and effect of military paroles and the respect which should be paid to them to be determined by the usages of civilized nations of modern times. It certainly did not purpose to prevent a wounded officer or man from entering into a stipulation not to take up arms until exchanged as the condition of his release when his life would be at the serious risk of forfeit if he did not make the contract. Nor does it anywhere deny the right of any soldier, wonuded or not, to bind his Government by his military obligation when he is in the hands of the enemy. The latter part of article 7 does not really controvert this view. That clause intended to give the commanders of two opposing ~ the power of declaring an exchange of prisoners, with the further right of parol- ing whatever surplus there might be after the exchange was arranged. Without such clause the two commanders would have no right to declare an exchange. It was therefore inserted. Until recently nobody ever pretended that the cartel forbid the giving and receiving of ordi- nary military paroles. The uniform practice under the cartel for nearly a year sanctioned them. Whatever, however, may be the determina- tion as to this matter, it is entirely clear that at the time the Gettys- burg paroles were given your own military law required that if the parole was not approved the party should return to our lines. Many of the paroles indicate on their face that the persons giving them were aware of that fact. I have therefore demanded that if you reject these paroles the parties who gave them should be returned to us. The question between us is not so much whether you will regard these paroles as valid, as whether you will comply with a rule of your own making, and which was advertised to us as being the controlling law of the case. I know not what you mean by your reference on your third page to article 4 of thu cartel. All the officers and men whom I declared exchanged were actually restored to our lines. All of the officers and men whom I requested you to select as equivalents for them in the exchange had been restored to your lines. The parties whom I have declared exchanged have not been returned to their paroles as requested by Lieutenant-Colonel Ludlow. I do not understand by what sort of reading of the exchange notice of the 12th of September you make out that only two officers (Generals Stevenson and Bowen)~~ were exchanged. My letters of July 13, September 11, and September 26 will inform you of all the Yicksburg prisoners, officers and men, whom I have declared exchanged. Your objection to the declaration of the exchange of the general officers paroled at Yicksburg, because there were no equivalents of the same grade, is exploded by the provision of the cartel which declares that men and officers of lower grades may be exchanged for officers of a higher grade. I have thus answered all the items of your letter of the 24th of Sep- tember. I regret the extreme length of the reply. I have, however, confined myself to the matter of that letter and to such subjects as were directly connected with its contents. In a future communication I will call to your attention the instances of the violation of the cartel by the Federal authorities. Notwithstanding the expression of their sudden regard for that instrument, I will show they have continued those violations from its date to the present moment. I now inform you, in view of the recent declaration of exchange made by you, coupled with your failure either to agree to or decline the proposition made t Page 347 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 347 you on the 24th of August last in relation to paroles, that the Confed- erate authorities will consider themselves entirely at liberty to pursue any course as to exchange or paroles which they may deem right and proper under all the circumstances of the case. At the same time I am directed to express their entire willingness to adopt any fair, just, and reciprocal rule in relation to those subjects without any delay. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. WAR DEPARTMENT, Washington, October 3, 1863. P. H. WATSON, Assistant Secretary of lVar: (Care Col. E. S. Sanford, New York.) You will please proceed as soon as convenient to Davids Island, N. Y., and make a thorough inspection of the rebel camp hospitals there, and correct any abuses that may exist by removing such officers or persons in any way connected with the hospitals as you may deem proper for that purpose, and establishing any regulations the service may require, reporting to this Department. EDWIN M. STANTON, Secretary of War. BALTIMORE, October 3, 1863. Hon. EDWIN M. STANTON, Secretary of War: Your order relating to Lieutenant-Colonel Mston has been executed. Will leave this evening. Rev. Mr. Baird was arrested and is now in custody of our guard. E. B. TYLER, Brigadier- General, Commanding. HEADQUARTERS DEPARTMENT OF VIRGINIA, Port Monroe, October 4, 1863. Maj. Gen. E. A. HITcHCOCK, Commissioner for Exchange, Washington, D. C.: SIR: I have the honor to inclose to you herewith copies * of two let- ters received this day from Mr. OnId. You will perceive that he declines the proposition for the exchange of surgeons unless Doctor Rucker is left to his fate. We are still holding Surg. R. J. Freeman, of the Atlanta, as a hostage for Asst. Surg. W. W. Myers, U. S. Navy. I send the steamer New York to-day to Fort McHenry for the chaplains and I will go to City Point and see Mr. Ould when she returns. Before hav- ing an interview with Mr. Ould I should be pleased to have it in my power to give him some definite information in relation to the status of General Morgan and his command. Are they still confined in the peni- tentiary ~ Colonel Streight and his commapd are now treated as other prisoners of war. When I had the pleasure of seeing Colonel Hoffman, he informed me that the U. S. authorities did not authorize the treat- ment which General Nlorgans officers received when imprisoned at Columbus. * See Ould to Meredith, p. 337, last communication, and p. 338 Page 348 348 PRISONERS 01? WAR AND STATE, ETC. I have also the honor to acknowledge the receipt of your two com- munications of October 2, which shall be attended to at my next inter- view with the rebel agent of exchange. I am, general, very respectfully, your obedient servant, S. A. MEREDITH, Brigadier- Ueneral and Commissioner for Exchange. WASHINGTON, October 5, 1863. General S. A. MEREDITH, Commissioner for Exchange of Prisoners: SIR: I inclose a communication from Mr. Wood, the snperintendent of the Old Capitol Prison, which I find upon my table this morning. I wish you to show this communication from Mr. W. to Mr. Ould, and confer with him on the subject to which it points, bearing in mind this point, that the Government will not agree to a rule, such as Mr. Ould has often proposed, by which the l)eople in rebellion could not be arrested; but, at the same time, and the practice hitherto fully bears me out in saying, that there is no disposition to harass and annoy citi- zens simply as snch. In all cases heretofore, so far as I know, whenever Southern people have been arrested it has been for special reasons, marking the individuals as separated from the mass of a community. I wish you to have a flee explanation with Mr. Ould, with a view to the release of the parties referred to by Mr. Wood, aud it will be necessary for you to say that although we have hitherto refrained from the arrest of citizens, as such, the detention of citizens in the Richmond prisons or elsewhere in the South as Union men will oblige us to resort to sim- ilar proceedings. As I recently wrote to you, I know of no case of a citizen of the South being held by us as such, and I wish you to invite Mr. Ould to name any within his knowledge, and if he can name any such we will send them home, and if we have not enough (if we have any at all) to offset those whom he may release, the number can be doubled or trebled by due order to our commanders to arrest them and send them here to be exchanged. Surely Mr. Ould will not wish to oblige us to [take] this step. Some time ago we arrested two citizens in Virginia for special cause; the Richmond authorities arrested two Union men to answer for them, without any other cause. The two men were paroled for three weeks, as I hear,and then returned to Richmond,where theynoware. If these men are not released I shall be obliged to employ the means I have just suggested. Hoping that you and Mr. Ould may together accomplish something for the relief of individual suffering, I ani, respectfully, your obedient servant, E. A. HITCHCOCK, lJliaj. Gen. of Vols., Commissioner for Exchange of Prisoners. [Inclosure.] OLD CAPITOL PRISOY, Washington, October 5, 1863. General E. A. HITCHCOCK, Commissioner for Exchange of Prisoners: SIR: I take the liberty of stating that I am in possession of recent and reliable information that a number of Pennsylvanians, who were taken prisoners in the recent raid of General Lee in that State, are now incarcerated in Castle Thunder, one of the Richmond prisons Page 349 CORRESPONDENCE, ETC.UNION AND CONFEDERATE. 349 also, three of the First Maryland Cavalry, who have been iii prison over twelve months; Virginians, North Carolinians, Tennesseeans, and others, loyal and true to the United States Government, who have endured similar imprisonment for a long time (over fifteen months). As winter is fast approaching, I deem it my imperative duty to sug- gest to you the nse of every available means to effect the release of these unfortunate fellow-beings from their destitute and deplorable condition and restore them to their respective homes. In furtherance of this object, I respectfully state that I have in my custody several disloyal or Confederate citizens, among whom are Messrs. Granville J. Kelley, A. Nichols, Gustavus B. Wallace, and S. P. Bailey, whom I believe to be men of veracity and fully competent and willing to visit iRichmond,Ya., and execute such arrangements tending to the release of any equivalent number of our people that may meet the concurrent approbation of our and their military authorities. I therefore ask that the objects of this communication may claim your early and favor. able consideration. I have the honor to be, your obedient servant~~~ WOOD, Superintendent Old Capitol Prison. Brig. Gen. S. A. MEREDITH, WASHINGTOIN, October 5, 1863. Commissioner for Exchange of Prisoners: SIR: If Colonel Streight and his command have not been released with others to make up the equivalent for paroled officers and men declared exchanged by Mr. Ould, I wish you to obtain from Mr. Ould a distinct reason why it has not been done. Inform Mr. Ould that our treatment of General Morgan~s command hangs upon his decision in this matter, and upon the disposition made in the South of officers of colored regiments and their commands. Very respectfully, your obedient servant, E. A. HITCHCOCK, Major- General of Volunteers, & c. P. S.I have not yet heard of the condition of Colonel Powell. Why is he not released? E. A. H., Major- General. WASHINGTON, D. C., October 5, 1863. Col. COLLETT LEVENTITORPE, Baltimore, Md.: (Through the Commanding General, Baltimore.) SIR: Your communication of the 24th ultimo, addressed to the Sec- retary of War, requesting to be paroled or exchanged, has been handed to me with an indorsement (by order of the Secretary) to the effect that your release will be ordered upon receipt of positive intelligence that the authorities at Richmond have released the number of officers of colored regiments constituting an equivalent to a colonel. You are at liberty to address your Government on this subject, if you desire to do so, covering yonr letter to me for examination. Respectfully, your obedient servant, E. A. HITCHCOCK, Maj. Gen. of Vols., Commissioner for Exchange of Prisoners Page 350 350 PRISONERS OF WAR AND STATE, ETC. KNOXVILLE, October 5, 1863. Colonel HoFFMAN, Commissary- General of Prisoners: The following is an extract from order of rebel General Forrest, issued on 28th of September. I desire to know if there has been any exchange of the prisoners mentioned :* Notice is given to all prisoners captured at Yieksbnrg that they have been exchanged, and are expected to rendezvous and rally again around their flag. You are released from all oaths and obligations to the Federal Government of any character and kind, and will be unmolested in returning to your respective commands. S. P. CARTEIt, Brig. Gen. and Provost-Marshal- General of East Tennessee. LOWELL, October 6, 1863. Hon. E. M. STANTON, & eretary of War: SIR: I have the honor to inclose to you a copy of a note received from Brig. Gen. M. Jeff. Thompson, whom I knew in command of the forces immediately opposed to me at Ponchatonla, on the northern side of Lake Pontchartrain, when I was in command of the Department of the Gulf. The original I have sent as requested to Captain Thornton, of Brig. Gen. George F. Shepleys staff. Captain Thornton, a most valu- able, brave, and efficient officer, was grievously wounded with at least sevenbullet holes through his clothes and various parts of his body in the attack on Ponchatoula in September of last year, under the command of the late lamented Major-General Strong, then my chief of staff. Captain Thornton was left in the hands of the enemy and received of General Thompson every care and kindness, and at my request was sent to New Orleans upon his parole. This courteous consideration on the part of General Thompson I have no doubt enabled us, with the blessing of Heaven, to save Captain Thorntons valuable life. General Thompson is now a l)riSOIler at Johnsons Island, neat San- dusky, Ohio. If not inconsistent with public service, I most earnestly ask that General Thompson may be released upon his parole. While I can testify to the uniform urbanity and courtesy with which all the operations of General Thompson were conducted, I am most decidedly of opinion that the kindness which he showed to Captain Thornton alone should entitle him to every possible consideration. That kind- ness was not alone given to the officers, but the wounded men spoke of his treatment with the utmost gratitude. I found him a troublesome enemy enough, but of his humanity, which was in contrast with the conduct of General Taylor, leads me to ask this fa~ror for him at the hands of the Government. As I am not much in the habit of asking leniency for rebels, I trust the War Department will take it as a guar- antee that this is a proper case for the extension of every indulgence. 1 am, most respectfully, your obedient servant, BENJ. F. BUTLER, Major- General of U. S. Volunteers. [First indorsement.] WASHINGTON, October 12, 1863. Within a few months past circumstances in the Sonthespecially threats against Captains Sawyer and Flinit and against officers of colored troops in the U. S. servicehave made it necessary to detain in prison such officers of the rebel service as may be taken prisoners, * For reply, see Series I, Vol. XXX, Part IV, p. 233 Page 351 CORRESPONDENCE, ETC.UNIoN AND CONFEDERATE. 351 the oniy object being to secure such treatment to our troops as may fall into rebel hands as the laws of war entitle them to. I do not recom- mend a departure from this policy until the rebel authorities change their practice, both actual and threatened. I suggest, however, in jus- tice to the honorable intervention of General Butler, that General Thompson be informed of the interest in his behalf taken by General Butler. E. A. HITCHCOCK, Major- General of Volunteers. [Second indorsernent.] Colonel HOFFMAN: The Secretary of War deems no reply necessary. [Inclosure.] DEPOT OF PRISONERS Johnsons Island, near Sandusicy, Ohio, September 28, 1863. Maj. Gen. BENJAMIN F. BUTLER, U. S. Army, Washington, D. C.: GENERAL: About this time last year the fortunes of war placed in my hands a Captain Thornton of your command, wounded and a pris- oner of war. You will remember that 1 sent Captain Thornton on parole back to New.Orleans in your yacht. I promised Captain Thorn- ton that if I was ever captnredI would notify him of my whereabouts, that he might return the favor which he thought I extended to him. I do not think that Captaiii Thornton is under any obligations to me, as I simply acted toward him as I have to all gentlemen who have been so unfortunate as to be captured by me, but in conformity with my promise I would like to let him know that I am here; and, as I do not know his address, and understanding at the time that he was a per- sonal friend of yours, I hope it will not be presr~ming to request you to forward him this letter, let me know his address, or otherwise let him know that I am at this prison, as may be most convenient or agreeable to yourself. Yours, most respectfully, M. JEFF. THOMPSON, Brigadier- Genera!. OFFICE COMMISSARY-GENERAL OF PRISONERS Washington, D. C., October 6, 1863. Brig. Gen. A. SCHOEPF, Commanding Fort Delaware, Del.: GENERAL: In many cases on application for discharge by prisoners of war the decisions have been unfavorable, but they are not to be con- sidered as final. It is-probable that when circumstances are such as to justify it, many or all of these applicants will be discharged, and if there are among the prisoners others who have made no application, but who do not wish to be sent South for exchange, preferring to take the oath of allegiance and remain North, they, too, may be discharged. In the meantime men so disposed will not be forwarded for exchange until a decision is had in their cases. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary- General of Prisoners. (Copies of the foregoing letter sent to Brigadier-General Marston, commanding depot prisoners of war, Point Lookout, Md.; Brig. Gen Page 352 352 PRISONERS OF WAR AND STATE, ETC. John S. Mason, commanding, Columbus, Ohio; Brig. (1~en. N C. McLean, provost-marshal-general Department of the Ohio, Cincinnati, Ohio; Col. J. S. Simonson, commanding District of Indiana and Mich- igan, Indianapolis, md.; Col. C. Y. De Land, commanding Camp I)onglas, Chicago, IlL; Col. P. A. Porter, commanding Fort Mdllenry, Baltimore, Md.; Capt. S. E. Jones, provost-marshal, Louisville, Ky.; Lieut. Col. W. S. Pierson, commanding depot prisoners of war, San- dusky, Oh