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 Research US War Dept. Official Records HTML Ser. II, Vol. 3–Confederate Correspondence.

THE
WAR OF THE REBELLION:
A COMPILATION OF THE
OFFICIAL RECORDS
OF THE
UNION AND CONFEDERATE ARMIES.

SERIES II.-VOLUME III.
CORRESPONDENCE, ORDERS, ETC.,
RELATING TO PRISONERS OF WAR AND STATE
FROM FEBRUARY 19, 1861, TO JUNE 12, 1862.

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CONFEDERATE CORRESPONDENCE, ETC.

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Resolution adopted by the Confederate Congress February 20, 1861.

Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of appointing at the earliest practicable period a competent officer to proceed to the State of Texas to receive and accept the services of such volunteers as may be desirous of entering the Army of this Confederacy in said State; also into the propriety of conferring rank and pay upon all officers and privates now in the service of the United States within the State of Texas who may resign and join the Army of this Confederacy, and the time when such pay shall commence.

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GENERAL ORDERS, No. 4.}

WAR DEPARTMENT, ADJUTANT AND INSPECTOR GENERAL’S OFFICE, Montgomery, April 15, 1861.

Lieutenant Worden, U. S. Navy, having been detected in conveying secret communications of a hostile character against the Confederate States to the fleet of war vessels of the United States off the harbor of Pensacola, he will be imprisoned and held as a prisoner of war until further orders.

By command of the Secretary of War:

S. COOPER, Adjutant and Inspector General.

{p.680}

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An act of the Confederate Congress concerning letters of marque, prizes, &c., approved May 6, 1861.

The Congress of the Confederate States of America do enact:

...

SEC. 8. That all persons found on board any captured vessels or on board any recaptured vessel shall be reported to the collector of the port in the Confederate States in which they shall first arrive, and shall be delivered into the custody of the marshal of the district or some court or military officer of the Confederate States or of any State in or near such port, who shall take charge of their safe-keeping and support at the expense of the Confederate States.

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To ALL WHO SHALL SEE THESE PRESENTS, GREETING:

Know ye, that by virtue of the power vested in me by law I have commissioned and do hereby commission, have authorized and do hereby authorize the schooner or vessel called the Savannah (more particularly described in the schedule hereunto annexed), whereof T. Harrison Baker is commander, to act as a private armed vessel in the service of the Confederate States on the high seas against the United States of America, their ships, vessels, goods and effects and those of their citizens during the pendency of the war now existing between the said Confederate States and the said United States.

This commission to continue in force until revoked by the President of the Confederate States for the time being.

Given under my hand and seal of the Confederate States at Montgomery this 18th day of May, A. D. 1861.

JEFFERSON DAVIS.

By the President:

R. TOOMBS, Secretary of State.

[Inclosure.]

Schedule of description of the vessel.

Name: Schooner Savannah.

Tonnage: Fifty-three and forty-one ninety-fifth tons.

Armament: One large pivot gun and small arms.

Number of crew: Thirty.

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An act relative to prisoners of war approved May 21, 1861.

The Congress of the Confederate States of America do enact, That all prisoners of war taken whether on land or at sea during the pending hostilities with the United States shall be transferred by the captors from time to time and as often as convenient to the Department of War; and it shall be the duty of the Secretary of War with the approval of the President to issue such instructions to the Quartermaster-General and his subordinates as shall provide for the safe custody and sustenance of prisoners of war; and the rations furnished prisoners of war shall be the same in quantity and quality as those furnished to enlisted men in the Army of the Confederacy.

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SEC. 2. That the eighth section of the act entitled “An act recognizing the existence of war between the United States and the Confederate States, and concerning letters of marque, prizes and prize goods,” shall not be so construed as to authorize the holding as prisoners of war the officers or crew of any unarmed vessel, nor any passengers on such vessel, unless such passengers be persons employed in the public service of the enemy.

SEC. 3. That the tenth section of the above-recited act shall not be so construed as to allow a bounty for prisoners captured on vessels of the enemy and brought into port unless such prisoners were captured on board of an armed ship or vessel of the enemy of equal or superior force to that of the private armed vessel making the capture.

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MANASSAS JUNCTION, VA., Camp Pickens, May 28. 1861.

Lieut. Col. THOMAS JORDAN, Assistant Adjutant-General.

SIR: In obedience to instructions from headquarters of this day’s date in regard to the capture of Captain Ball and his troop I have to report that on the morning of the 24th instant about 1.30 a.m. Captain Ball came to my quarters and reported that one of the vedettes stationed at the Chain Bridge, about three miles west of Georgetown, D. C., had informed him that a squadron of cavalry had crossed over to the Virginia shore. I immediately ordered my command under arms to await further orders. About 5.30 a.m. an officer was sent from the steamer Pawnee, Northern Navy, to inform me that an overwhelming force was about entering the city of Alexandria and it would be madness to resist and that I could have until 9 a.m. to evacuate or surrender. I then ordered the troops under my command to assemble at the place designated by me on assuming command in Alexandria that I might either resist or fall back as circumstances might require. As soon as the troops were formed which was promptly done I repaired to the command, and then ascertaining that the enemy were entering the city by Washington street and that several steamers had been placed so that their guns could command many of the principal streets I ordered the command to march and proceeded out of the city by Duke street. Captain Ball accompanied me as far as his quarters, a little west of the railroad depot where he halted, and I proceeded to the cars which were about half a mile from the depot, where I had ordered them to be stopped, and from orders given before marching out of the city the cavalry was to follow in my rear for the purpose of giving me information in regard to the movements of the enemy. Captain Powell followed my instructions and why Captain Ball did not I am unable to report.

Respectfully, colonel, your obedient servant,

GEO. H. TERRETT, Colonel, Commanding Alexandria.

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WAR DEPARTMENT, Richmond, June 8, 1861.

His Excellency Governor ELLIS, Raleigh, N. C.

SIR: At the request of the President I write to inquire whether the State of North Carolina could not furnish a suitable place for the safekeeping of our prisoners of war. It has been suggested by the honorable Mr. Winslow that such a place might be found at Allemance, {p.682} between Hillsborough and Greensborough, where large buildings have been located and where the prisoners might be supported at moderate cost. Provided such an arrangement can be made it is also desirable to know of Your Excellency whether North Carolina can furnish, at the cost of the Confederate States, a sufficient and reliable guard for the prisoners.

Very respectfully,

L. P. WALKER, Secretary of War.

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EXECUTIVE DEPARTMENT Raleigh, June 10, 1861.

Hon. L. P. WALKER, Secretary of War.

SIR: Your communication of the 8th was laid before me to-day addressed to the late Governor Ellis. Mr. Winslow informs me that after his conversation with the President he made on his return home particular inquiries as to the proper place for the proposed depot of prisoners. Neither at Hillsborough nor at Greensborough are there any buildings of capacity suitable. Upon application at Allemance, which in every way is a proper place, he found that the proprietor objected to it and declined to permit the buildings to be used. He ascertained that at Salisbury, to which place there are railroad communications north, south, and west and where supplies are cheap, a very large and commodious building could be purchased at $15,000. It was constructed for a cotton factory, can be made secure and comfortable for about 1,500 to 2,000 [prisoners] and would probably sell for $30,000 to $50,000 when the war is over. We will furnish the proper troops to guard. Should this be decided upon it had better be withheld from the public until the purchase be made.

Our Sixth Regiment of State troops for the war, Colonel Fisher, reached here on Monday en route for Richmond, but was detained for the purpose of paying the proper tribute of respect to the memory of Governor Ellis. It will leave to-morrow and will be subject to your orders and is now formally tendered. The Eleventh [Twenty-first] Volunteers accepted by the President is now in Danville, armed and equipped, Colonel Kirkland commanding, and awaits your orders to move. In the survey of the gun-boats belonging to North Carolina the Secretary of the Navy agrees to take all but one, the Albemarle, which he says will be proper for the quartermaster’s department of the Army. I refer to him for description. Will you please advise whether you will purchase her Upon hearing from you I will forward statement of her cost.

I am, sir, very respectfully,

HENRY T. CLARK, Governor ex officio.

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HEADQUARTERS, York town, Va., June 12, 1861.

General S. COOPER, Adjutant and Inspector General, Richmond, Va.

SIR: I have the honor to inclose a note* from Major-General Butler proposing an exchange of prisoners. As he has but one of mine whom I recognize as a prisoner of war I acceded to his proposition only as {p.683} to him. The citizens are men of doubtful truth at any rate. I inclose copy of my reply.**

I am, sir, respectfully, your obedient servant,

J. BANKHEAD MAGRUDER, Colonel, Commanding.

I think the correspondence had better be published as I am sure Butler has some sinister political object in view; at least he has recognized us as entitled to all the usages of civilized war.

J. B. M.

* Omitted here; Butler to “Officer commanding the forces at County Bridge,” June 11, p. 3.

** Omitted here; Magruder to Butler, June 12, p. 3. For Butler to Magruder, June 13, and Magruder in answer, June 15, see Series I, Vol. II, pp. 681 and 686, respectively.

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SPECIAL ORDERS, No. 78.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, June 22, 1861.

...

VIII. Brig. Gen. John H. Winder, Provisional Army, is assigned to duty as inspector-general of the several camps near this city and will enter upon duty without delay.

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By command of the Secretary of War:

JNO. WITHERS, Assistant Adjutant-General.

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NAVY-YARD, Gosport, June 25, 1861.

Commodore F. FORREST, Commanding Navy-Yard, Gosport.

SIR: I respectfully report my return from Old Point Comfort under your order of the 14th instant. I was received and treated with all respect by Commodore Stringham, of the late U. S. Navy, but feel called upon to report The fact that whilst I was awaiting a reply to my message to General Butler (to whom I was accredited and by his own request) that officer was at the Rip Raps firing on our own flag, and while the flag of truce was displayed between that place and Old Point, in total disregard of every international courtesy and usage. I was requested by an officer of the fortress to call at the Rip Raps to communicate with General Butler but persistently refused to do so, feeling indignant at his conduct. A boat was offered me by Commodore Stringham to visit General Butler in the fort, but in the absence of an invitation from that officer I declined doing so and I left my dispatches in the hands of the commodore.

I am, sir, respectfully, your obedient servant,

THOS. F. HUNTER, Commander.

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FAIRFAX COURT-HOUSE, June 28, 1861.

His Excellency PRESIDENT DAVIS, Richmond, Va.

SIR: I beg you to find time and read the inclosed card which fully explains my case and if your business will allow it consider it at an early moment. We have almost enough prisoners to exchange rank {p.684} for rank for myself and men. We are perfectly familiar with all the country around here and to Arlington and might be very serviceable at this time. We are willing to serve now with what arms we can get privately till we can be supplied. We are well drilled and the men very good soldiers. We most earnestly desire to be at once admitted again to the service of our country and sincerely trust something may be speedily done for us. I am satisfied we can be exchanged at once if it is insisted, and can promise that with our present experience we will be no mean fighters.

With the highest respect, I am, your most obedient servant,

M. DULANY BALL, Captain Fairfax Cavalry.

[Indorsement.]

If he has taken oath not to bear arms against the United States there is no way in which this department could properly consider him a prisoner of war, having been discharged upon that oath by the United States Government.

[Inclosure.]

FAIRFAX COURT-HOUSE, June 25, 1861.

To MY FELLOW-SOLDIERS: Having attempted without success the last act but one necessary to the vindication of a position to which I have been brought by the utter falsehood of my country’s foes and the somewhat coldness of my friends the time has come when the following statement may appear.

To those who know me I need not say how galling it has been to my personal pride and love of country to hear of the motives that have been ascribed to my conduct, and that the misfortune which I have the most bitterly felt has been attributed to the want of those very qualities of love and faith to our cause in which to be distinguished was my highest ammunition. That those who know me may see my position fairly and know that it is not due to cowardice or perfidy, not boastfully but in sorrow I make public the following facts:

When the ordinance of secession was passed by the Virginia convention I hurried home from Richmond and in four days by strong exertions completed the equipment of my company, then hardly begun. It is well known by my men that I purchased cloth in Baltimore for uniforming them at my own expense, and that not suiting them it was left upon my hands. They know too that I spent largely for pistols and ammunition and for their comfort in many respects and paid their servants in Alexandria out of my own pocket. I refer to Mr. Taylor’s certificate hereto appended for one item. To Messrs. Witmer & Bro., of Alexandria I became responsible for material for jackets for the men. Had I been so base as to sell my honor for the tyrant’s gold I should at least have been more chary of my own.

To my service in Alexandria and certificates appended referring to it I can refer with pride. I know that I tried to do my duty. When the sudden move to Warrenton was ordered on that terrible night, though the last to be informed we were the first company ready and saved all our baggage, arms and ammunition. My company was noted for its promptness, reliability and good conduct. The duty of guarding at the Long Bridge and giving notice of an attack from Washington was intrusted entirely to me. I could at any time have permitted the whole force in Alexandria to be surrounded and captured. On the 24th of {p.685} May I myself informed the officer commanding of the approach of the troops. I was ready to march at 2 o’clock. I stayed behind in obedience to orders (not because I “was asleep or to drink a cup of coffee”), was captured two hours before the time allowed us to leave had expired and while protesting against the violation of the flag.

Now as regards the terms of my release. While prisoners we were exposed to constant insults; to my earnest appeals and those of friends, influential when worth and honor had influence in Washington, pleading in the name of humanity and justice for a parole or an audience no word of reply was deigned; we had good reason to fear removal far from Washington to prison quarters or the attempt to force us into the U. S. service, or even a harsher fate; we were assured the Federal forces were in possession of our homes and our families had been driven out; we could hear nothing from our friends; no effort had been made by them for the vindication of the sanctity of the flag of truce by our release, and we were secretly advised by friends from Maryland to escape on any terms. We were distinctly told that no parole would be granted, that no circumstances would cause them to exchange and that there was but one condition on which we could be released, namely, that of taking an oath of allegiance.

The oath read “to bear true allegiance to the Constitution of the United states,” &c. I believe that the truest allegiance would be to resist its arch violator. But not to quibble at its construction I felt that taken in violation of a flag of truce, denied virtually the right of habeas corpus which they elsewhere openly and shamelessly despised, in the hands of a military usurpation totally lost to honor and justice, offered this as positively the only condition of release it would be utterly powerless to bind us, whatever its pledge. In my judgment, in my conscience before my God I felt this. I thought, however, that its violation would do discredit to our cause, but that it would be virtually a parole. But to prevent misconstruction of my motives I determined to return and recant it after placing my family in safety which I could only effect by taking it.

I took that oath and escaped. When assured of the safety of my family I attempted to return to Washington to recant. I was recognized and refused permission to go, and not only so but was detained for some hours under the evident suspicion of being a spy. I was advised by a personal friend in Lincoln’s service not to trust myself within their lines. Many things convince me that it would be hazardous and I shall attempt no more.

I insert here the certificates.

MANASSAS, June 22, 1861.

I take great pleasure in stating that I believe Capt. M. D. Ball to be as true and loyal a gentleman to the cause of Southern rights as any one, and that while under my command in Alexandria he was a diligent, active officer, and the whole duty of giving information of the advance of the enemy from the Long Bridge was intrusted to him.

M. D. CORSE, Colonel, Commanding Seventeenth Regiment Virginia Volunteers.

MANASSAS, June 22, 1861.

This is to certify that while I was in command at Alexandria the duty of guarding the Long Bridge and giving information of any advance of the enemy in that direction was intrusted entirely to Capt. M. D. Ball; that he performed that duty to my entire satisfaction; that he was the first to inform me of their advance on the 24th of May; that he was aware that till 5 o’clock had been given to evacuate or surrender, and was ordered to keep in rear of the infantry and give information of the whereabouts of the enemy or their advance upon me.

GEO. H. TERRETT, Colonel, Provisional Army.

{p.686}

FAIRFAX Court-House, June 24, 1861.

I certify that when getting his company ready to march to Alexandria Capt. M. D. Ball purchased of me on his private account the material for saddle-cloths for his men.

J. R. TAYLOR.

I could adduce proof of every assertion I have made were it necessary. If I have seemed to be boastful it is because the circumstances of my situation required the mention of all these things.

I ask that my men may not be blamed. Except perhaps two they are as good men and true as the South holds within her borders. I alone am responsible or blamable for their act. They took the oath relying on my example and with the intention of keeping it merely as a parole. They would resist to the death any attempt practically to enforce it. They eagerly desire the opportunity of serving again. One attempted to return with me to Washington; more were ready to follow; nearly all would have done so. Two of them-privates, too-have been tempted with great offers if they would remain in Washington, which they indignantly refused, though the refusal placed them in danger.

For myself besides the publication or notice of this statement by the papers which have noticed me disparagingly I have nothing to ask but immediate restoration to service. I will make the rest. I might ask also a public refutation of the falsehoods which have found their way into print in regard to me, but they have been too utterly base for the credit of any one who ever knew me and I have no fear of their general belief. My superior officers can effect my exchange I know. I feel that they will soon do so in kindness and in justice to me and give me the opportunity I so much desire.

Thousands now in arms against the usurper have taken this identical oath without the compulsion I had. The United States has not released them from its obligation. The convention has absolved all Virginians from it, but many of them were in arms prior to the passage of the act, which was really ex post facto in its nature. Could it have released any man whose conscience did not absolve him? Assuredly not. It was the usurpation of the tyrant not the legislative enactment that lifted the obligation from their consciences. Mine needs no ex post facto act to free it. The opposition of cunning to treachery, resisting lawless might by craft, I never thought wrong. Expediency not honor is what binds me. Why should I be thought less true than any man who has taken this oath? God is my witness how ardently I had hoped to serve my country. If in my desire to prove a good soldier-obeying orders, trusting to honor where there was none, I have been thrown out of her service; if in the midst of insulting foes denied my rights, almost maddened by false and cruel assertions and fears for my family, offered only one alternative of imprisonment, and satisfied that it could not bind I have been forced to adopt it, I know my generous countrymen will pity my misfortune and excuse my act. Every interest and hope I have is with my native South. My case is so far exactly that of her protomartyr Hayne. I am ready to complete the resemblance if necessary, but I rely on her brave rulers to rebuke in the might they have already acquired the corruption that sits in the high places of her foes and restore me by authority to her service.

I have lost much of heart and hope, but I have yet to give her the service of one who will little reck to what it may lead and a life that I will cheerfully lay down so that I may leave for my family a memory they can cherish with pride and for myself a name among the martyred defenders of liberty and right.

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To my friends who have so kindly and bravely sustained me I am most heartily grateful; to those who, too cowardly to serve their country though knowing I could not be false, have yet affected to think so, I have nothing now to say.

M. DULANY BALL, Captain Fairfax Cavalry.

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WAR DEPARTMENT, Richmond, July 1, 1861.

Mr. CHARLES GREEN, Savannah, Ga.

SIR: You are hereby associated with Captain Huse and Major Anderson, now in London, in the purchase of arms and munitions of war for this Government. On your arrival in London you will exhibit this communication to them, as it is necessary that they should know this fact without delay to secure co-operation. By recent dispatches they have been directed to purchase 100,000 muskets or rifles, and it is of the utmost importance that speedy shipments be made. To this point some one of you should devote special attention.

In this connection it is proper to remark that Captain North, of the C. S. Navy, is now in Europe to purchase vessels for this Government, and it is probable that being a British subject you might secure the shipment under British colors.

In securing arms it is not the purpose of the Department to restrict you to any particular locality but to urge the commission to proceed wherever there is any probability-of success. The necessities of the Government are such as to require the utmost expedition and industry on the part of its agents.

Special directions in the nature of instructions are purposely avoided, as the Department has confidence in the discretion of its agents and must leave them free to exercise their discretion under the necessities of their position.*

Very respectfully,

L. P. WALKER, Secretary of War.

* For arrest of Green, see Vol. II, this Series, p. 1032.

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SPECIAL ORDERS, No. 85.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, July 1, 1861.

I. Capt. Theodore O’Hara and First Lieut. David H. Todd, infantry, and First Lieut. John Mullins, cavalry, will report for duty to General [John H.] Winder, in this city.

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By command of the Secretary of War:

JNO. WITHERS, Assistant Adjutant-General.

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EXECUTIVE DEPARTMENT, Richmond, July 2, 1861.

Hon. ROBERT TOOMBS, Secretary of State.

SIR: By direction of the Governor I inclose herein a copy of a letter written by me in answer to one from Frederick J. Cridland, esq., Her Britannic Majesty’s acting consul at this place, relative to the supposed {p.688} compulsory enlistment of Her Majesty’s subjects in military bodies in this State. This letter explains itself. It is inclosed to you that you may be put in possession of the action of the executive upon the question raised by the letter of the consul.

Very respectfully,

GEORGE W. MUNFORD, Secretary of the Commonwealth.

[Inclosure.]

EXECUTIVE DEPARTMENT, Richmond, June 29, 1861.

FREDERICK J. CRIDLAND, Esq., Her Britannic Majesty’s Acting Consul.

SIR: Your letter to Governor Letcher of the 28th instant has been received. In it you inclosed the copy of a dispatch received by you from Lord Lyons, the minister at Washington of Her Britannic Majesty, under date of the 15th instant, and also copies of five affidavits which accompanied said dispatch relative to the supposed compulsory enlistment of Her Majesty’s subjects in military bodies in this State, and urging that an investigation may be made into the cases submitted.

It affords me pleasure to inform you by direction of the Governor that the Commonwealth of Virginia has every disposition to cultivate the most friendly relations with the Government of Great Britain and that no subject of Her Britannic Majesty would be mustered into and retained in the service of this State by compulsion if the fact were made to appear. In the first place the law of the State only requires “able bodied male citizens between the ages of eighteen and forty-five, resident within the State,” to perform military duty. None others are subject to draft. In the next place in the conflict pending between this State and the Government of the United States no troops have been called out except volunteers and no man can be enlisted into a volunteer company unless it be by his own choice and free will; and when he voluntarily enters into obligations imposed upon such companies it seems but proper that he should be required to fulfill his contract. If any person has been forced into service against his will the law of the State gives him the right to a writ of habeas corpus which will enable him to bring up the question of his illegal detention before the civil authority and any judge would have the right to discharge him. This writ has not been suspended and until it shall be by competent authority no military commander would have the right to hold him against such discharge.

This being the law of this Commonwealth it is respectfully submitted to you and through you to His Excellency Lord Lyons whether it is not proper to remit the parties in whose favor affidavits have been presented to their legal rights and civil remedies. Besides these suggestions it is a well-settled principle of national law that a subject of a foreign power may be enlisted in the defense of the country wherein he may be resident when that country is not at war with the nation to which he belongs. The right to demand service of one who receives protection in defending the country which gives it is not only based upon rational principles but is I believe undisputed. The only question would be whether an alien could be called upon by the country wherein he is resident to take up arms against that which claims his allegiance. That question is not here presented. There has not only been no necessity to maintain this right but there is no occasion “for compulsory enlistments in military bodies in this country.” The difficulty {p.689} has been to restrain the number of volunteers, and if there be any cases of involuntary enlistment they must have occurred under misapprehension of the facts.

It has been deemed proper to make these suggestions from a disposition to exhibit the most friendly relations with Great Britain and because it is necessary to state that all the troops of the State of Virginia having been transferred to the Government of the Confederate States under a convention between the two governments the State has no control over the cases referred to in your letter. It is therefore respectfully suggested that these cases be referred to the Government of the Confederate States for consideration and action.

Very respectfully,

GEORGE W. MUNFORD, Secretary of the Commonwealth.

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RICHMOND, July 4, 1861.

Brigadier-General WINDER.

SIR: I have the honor to report that in pursuance to an order sent me by the Secretary of the Navy I delivered to a police officer the bodies of the twenty white and black sailors captured* by Captain Hollins on the 29th of June in Chesapeake Bay. I have now ten prisoners of war.

Very respectfully, your obedient servant,

W. S. ARCHER, Lieutenant, C. S. Army.

* See case of Zarvona, Vol. II, this Series, p. 379 et seq.

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WAR DEPARTMENT, Richmond, July 5, 1861.

Capt. M. D. BALL, Fairfax Court-House, Va.

SIR: In reply to your letter of the 28th of June the Secretary of War directs me to say if it be true that you have taken an oath not to bear arms against the United States there is no way in which this Department can properly consider you a prisoner of war, having been discharged upon that oath by the United States Government.

Respectfully,

A. T. BLEDSOE, Chief of Bureau of War.

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HEADQUARTERS, Richmond, Va., July 5, 1861.

Brig. Gen. J. H. WINDER, Acting Inspector-General, C. S. Army, Richmond, Va.

GENERAL: The President has learned that the crew of the privateer Savannah has been indicted by the grand jury of New York for treason and piracy, which he views as indicating an intention of not considering them as prisoners of war. I have consequently been directed to recall the paroles granted to Lieutenant-Colonel Bowman and Captains Kellogg and Chase, belonging to the Army of the United States Government, and to place them with the rest of the prisoners of war in close confinement. You are therefore instructed to demand the written paroles given to the officers named, and to express to them the regret felt at depriving them of privileges which it would have been {p.690} the pleasure of the President to have continued until they were regularly exchanged but for the necessity he is under of awarding to them the same treatment extended the prisoners of the Confederate States.

You will therefore take measures strictly to guard all the prisoners of war under your charge, granting to them every kindness and attention in your power compatible with their safe-keeping. You are also at liberty to explain to the prisoners the reason for the change in their treatment.

Respectfully, &c.,

R. E. LEE, General, Commanding.

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FAIRFAX COURT-HOUSE, July 5, 1861.

Maj. Gen. R. E. LEE, Commanding at Richmond, Va.

GENERAL: I thank you heartily for your kind reply* to my former* letter. I have no doubt that the U. S. officials will at first demur to any proposition to exchange, especially for my command, but if our Government insist and urge the violation of the flag of truce, to which entirely my capture was due, the refusal to grant me a hearing even and the force used to compel us to our last course I am sure they must yield. Indeed I always believed this subterfuge was used to relieve themselves of us and virtually to grant us a parole while seeming to refuse to recognize our organization. I hope it may help our case to know that when restored to service it will be with a determination never to be taken again and to win a name for devotion and daring wherever the way may lie. We need only to be assumed that we cannot be exchanged to take arms again as best we may, but in kindness to our families, in pity of our misfortune and in justice to our cause we beg the efforts of our officers in our behalf. Will you do me the additional kindness to lay this also before the honorable Secretary of War?

Hoping you will excuse the trouble I have to cause you, I am, with great respect, your obedient servant,

M. DULANY BALL, Captain Fairfax Cavalry.

* Not found.

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WAR DEPARTMENT, Richmond, July -, 1861.

M. DULANY BALL, Esq., Fairfax Court-House, Va.

SIR: Your letter of the 13th instant has been received. The answer has been delayed by the press of business upon this Department and by the desire to do full justice to your communication. The painful nature of your present situation is fully appreciated by this Department and the Secretary of War cannot be insensible to the wrongs which you have suffered or the appeals which you urge. This Department, however, must be bound by law and be guided by a supreme regard to the public faith and the public interests in all its decisions, and no consideration of a personal character can be permitted to interfere with this rule. It has already been declared in a former letter that this Department cannot consider you a prisoner of war. It must be now equally manifest to you that this Government can afford you no protection in any effort to reach Washington for the purpose of recanting your oath. The Government has no power to afford such {p.691} protection if it desired to do so. Neither can this Government recognize you in connection with any military organization in the Confederate service, while it could not receive you as a deserter because you have never been a member of the U. S. Army and cannot therefore have deserted from it. The militia laws are not under the control of this Government and that question cannot therefore be answered here.

However great may have been the wrongs practiced or threatened upon you, however delusive the hopes with which you may have been cheated, flow ever perfidious may have been the conduct of those whom you arraign, that could not justify this Government in retaliating by perfidy or in authorizing you on its part to violate an oath solemnly entered into, or in receiving you into its service while still under the obligation of this oath; and however painful in the present case may be the consequences it is clear that for the maintenance of the public honor, which is beyond all consequences important, this principle must be observed.

With regard to the private wrongs which you have suffered or with which you may be threatened and the purposes which you may entertain in such contingencies this Government can have no control. If your home, your life and the lives and honor of those dear to you should be threatened or outraged this Department can have no control over the measures which you as a man may feel it necessary to take to protect or to avenge them. It would sympathize with your feelings and efforts, but it could lend no authority to your action in the name of the Confederate States.

This Department deplores equally with yourself the fatal error of judgment into which you have fallen, and the Secretary of War is willing to believe that no intention of dishonor was purposed by you or by those who acted with you. The reproach which may have been cast upon your name he trusts you may yet be enabled to remove by honorable deeds, but whatever may be his sympathies the public honor of this Government cannot be compromised in behalf of any personal consideration whatsoever.

Very respectfully,

L. P. WALKER, Secretary of War.

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Extract from Confederate Army Regulations, 1861-Prisoners of war.

...

726. Prisoners of war will be disarmed and sent to the rear and reported as soon as practicable to the headquarters. The return of prisoners from the headquarters of the army to the War Department will specify the number, rank and corps.

727. The private property of prisoners will be duly respected and each shall be treated with the regard due to his rank. They are to obey the necessary orders given them. They receive for subsistence one ration each without regard to rank, and the wounded are to be treated with the same care as the wounded of the Army. Other allowances to them will depend on conventions with the enemy. Prisoners’ horses will be taken for the Army.

728. Exchanges of prisoners and release of officers on parole depend on the orders of the general commanding in chief under the instructions of Government.

...

{p.692}

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Extract from the message of President Davis to the Confederate Congress July 20, 1861.

To the Congress of the Confederate States of America.

GENTLEMEN: ... But there are other savage practices which have been resorted to by the Government of the United States which do admit of repression by retaliation. I have been driven to the necessity of enforcing this repression. The prisoners of war taken by the enemy on board the armed schooner Savannah, sailing under our commission, were as I was credibly advised treated like common felons, put in irons, confined in a jail usually appropriated to criminals of the worst dye and threatened with punishment as such. I had made an application for the exchange of these prisoners to the commanding officer of the enemy’s squadron off Charleston Harbor, but that officer had already sent the prisoners to New York when the application was made.

I therefore deemed it my duty to renew the proposal for the exchange to the constitutional Commander-in-Chief of the Army and Navy of the United States, the only officer having control of the prisoners. To this end I dispatched an officer to him under a flag of truce, and in making the proposal I informed President Lincoln of my resolute purpose to check all barbarities on prisoners of war by such severity of retaliation on the prisoners held by us as should secure the abandonment of the practice. This communication was received and read by the officer in command of the Army of the United States and a message was brought from him by the bearer of my communication that a reply would be returned by President Lincoln as soon as possible.

I earnestly hope that this promised reply which has not yet been received will convey the assurance that prisoners of war will be treated in this unhappy contest with that regard to humanity which has made such conspicuous progress in the conduct of modern warfare. As a measure of precaution, however, and until the promised reply is received I still retain in close custody some officers captured from the enemy* whom it had been my pleasure previously to enlarge on parole and whose fate must necessarily depend on that of the prisoners held by the enemy.

I append a copy of my communication to the President and Commander-in-Chief of the Army and Navy of the United States** and of the report*** of the officer charged to deliver it, marked Document A.

...

JEFFERSON DAVIS.

* There is no record of officers specially retained as hostages at this date. The fourteen officers selected as hostages for the privateersmen were drawn by lot November 10, 1861. See Confederate correspondence, p. 738, for Secretary Benjamin’s order of November 9 to Winder, and Winder’s report of November 11, p. 739.

** Omitted here; Davis to Lincoln July 6, p. 5.

*** Not found.

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WAR DEPARTMENT, Richmond, July 26, 1861.

Capt. PRIDE JONES, Fort Macon, N. C.

SIR: In reply to your letter of the 19th instant I am instructed by the Secretary of War to say it is supposed the Government has by this time secured buildings for prisoners at Salisbury, N. C. If this should be so you will send them thither; if not retain them for orders. They will be removed as soon as possible.

Respectfully,

A. T. BLEDSOE, Chief of Bureau of War.

{p.693}

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EXECUTIVE DEPARTMENT, Raleigh, N. C., July 27, 1861.

Hon. L. P. WALKER, Secretary of War.

SIR: I have the honor to inclose you the report of Colonel Johnston, who was sent by me agreeably to your request to examine the Salisbury factory as a suitable depot for the prisoners of war and the terms on which it could be had. You can remit it by the year or purchase it. In either event an expenditure will be required to fit it for the purpose-such as bars to the windows, a protecting inclosure of high palings around all or a part of the grounds.

I shall meet with great difficulty in providing a suitable guard, as volunteers for the war entertain the greatest repugnance to such a confinement themselves, and it would be very difficult to enlist persons for the specific duty, and if other arrangements could be made it would relieve me of an unpleasant because a very difficult duty. I regret there should be any difficulty in effecting exchanges which would prove mutually beneficial.

I must respectfully ask that no more prisoners be sent here unless I am notified in advance, that preparation can be made. The prisoners brought here by Lieutenant Todd are most inconveniently situated to me having no suitable place for them and being unapprised of their coming till they were present.

Most respectfully,

HENRY T. CLARK.

[Inclosure.]

RALEIGH, July 25, 1861.

His Excellency Governor CLARK.

DEAR SIR: By your directions I proceeded to Salisbury to obtain the necessary information in relation to the Chambers factory and appurtenances proposed to be purchased for the use of the Confederate States as a prisoners’ depot. The lot comprises sixteen acres within and contiguous to the corporate limits of the town of Salisbury, and contains the principal factory building, about ninety by fifty feet, three stories high, with an engine house at one end about sixteen by eighty feet, constructed of good brick; also six brick tenements with four rooms each, and a larger superintendent’s house of framed materials, with smith shop and two or three inferior buildings. The property was originally used as a cotton manufacturing establishment and was devised by Maxwell Chambers to D. A. Davis, executor, to be sold for the benefit of three several parties, all of whom have authorized the executor to sell the entire property at $15,000. Mr. Davis believes that all the parties will take the bonds of the Confederate States in payment. This fact he hopes to communicate in a few days, as soon as they can be seen. Without making any accurate calculations as to the cost of repairs for the purposes intended I should think $2,000 would be amply sufficient. Personal property, principally of manufacturing machinery, supposed to be worth $500, is included in the $15,000, the proceeds of which would partially pay for the repairs.

The location of the property is very eligible, shaded by a beautiful grove of oaks and well supplied with good water. The buildings and ground probably cost originally three times the price now asked. Mr. Davis proposes also to lease the property to the Government at $1,000 per annum, or longer at same rate, the lessee paying for all repairs. The Government is authorized to occupy the building immediately as {p.694} a lessee, with the full belief by Mr. Davis that all parties will give it the election of buying with bonds or leasing.

I have the honor to be, very respectfully, yours,

WM. JOHNSTON.

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WAR DEPARTMENT, Richmond, July 29, 1861.

Hon. R. E. SCOTT, Richmond, Va.

SIR: In reply to your letter of the 27th instant with information that Dr. Alfred Powell, taken prisoner at Manassas, is the son-in-law of Col. R. G. Ward, of Culpeper County, a citizen well known to you, and intimating that permission is desired to furnish clothing and other necessaries to the prisoner I have no hesitation in saying that upon application being made at this Department the permission will be granted. You are doubtless aware, however, that our laws entitle prisoners of war to the same rations, clothing, &c., received by our own soldiers. The only restrictions imposed on them are those necessary for the prevention of their escape. Such is the practice of our Government, inspired by the feelings of humanity which ought to govern the conduct of civilized nations, and it is to be regretted that our enemies are not influenced by these considerations and that our citizens who have fallen into their hands are subject to the rigors characteristic of savage barbarity. Nevertheless, from high respect of your character and position I repeat the permission asked for will be granted whenever the application is made.

Very respectfully, yours, &c.,

L. P. WALKER, Secretary of War.

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RICHMOND, July 29, 1861.

Brigadier-General COOPER, Adjutant and Inspector General.

SIR: The duties of my position are very heavy both indoors and out, and they are rendered still more so by the frequent changes made in the officers detailed to assist me. There have been already six officers detailed for duty with me (not including those at the prison). Of the six only one remains. These officers do not remain long enough to acquire sufficient knowledge of the details to assist me much. When it is remembered that I am charged with the inspection and control of the various camps around the city, with discharges involving all the necessary papers, with equipping the troops for the field, with the charge of all prisoners of war and other prisoners, including the reception and distributing of their wounded, besides distributing orders night and day, all of which involves a great deal of office as well as outdoor labor, it will be seen from this how necessary it is that my assistants should be permanent. I would respectfully ask that as the communication between myself and those who assist me is so intimate I may be permitted to select two or three young, active men at such compensation as the Secretary of War may designate. The writing connected with the prisoners of war is enough to occupy one person. This arrangement would have two good results-first, it would relieve officers of the Army for other duties, and would enable me to give my attention to duties which I now find it difficult to do.

Respectfully, your obedient servant,

JNO. H. WINDER, Brigadier-General and Inspector-General of Camps.

{p.695}

[Indorsement.]

JULY 29, 1861.

Respectfully submitted to the Secretary of War with the recommendation that General Winder be authorized to employ two or three civilians to assist him, with such compensation as the Secretary of War may determine. The great demand for commissioned officers elsewhere renders it impossible to retain them on duty here.

S. COOPER, Adjutant and Inspector General.

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ADJUTANT AND INSPECTOR GENERAL’S OFFICE, Richmond, Va., July 29, 1861.

General J. E. JOHNSTON, Commanding Army of the Potomac, Manassas, Va.

SIR: Your letter of the 27th instant* inclosing one of the 26th from General Bonham reporting the hanging of two sentinels of the South Carolina troops who were captured on the 17th instant by the enemy near Centerville has been received and submitted to the President, who instructs me to state that you will send a flag to the general commanding the forces of the enemy in front of you, report to him the case and require that he deliver to you as criminals the persons who perpetrated the offense or avow his responsibility for the act, and in the latter case that you will retaliate, retaining in your possession for that purpose of the enemy twice the number of those of our troops that were thus ignominiously executed.

Very respectfully, your obedient servant,

S. COOPER, Adjutant and Inspector General.

* Not found, but see Johnston to McDowell, July 31, p. 23.

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EXECUTIVE OFFICE, Raleigh, N. C., July 29, 1861.

Hon. L. P. WALKER:

I beg leave most respectfully to inquire in what manner I shall treat the prisoners of war* sent on here by Lieutenant Todd a week since. They were sent on here without any previous notice. I had no quarters for them and no instructions from you how I should treat them. Rather than embarrass you I received them from Lieutenant Todd and have had them shut up in a house ever since with a full company of our volunteers guarding. The officers on their parole are walking about the streets. They are without money and have applied to me for what may be necessary to meet their demands (daily), and I am provided with no funds for them but have ordered each of them served with soldier’s rations. The men are guarded in a house by a company of volunteers greatly to their annoyance. They have been furnished with food and with clothes.

They were sent here without notice or preparation, but I received them rather than return them, and I have received no instructions as to how or in what manner they should be treated. I am not familiar with the mode of treating prisoners, but I ordered them food and clothing without any instructions to do so from the Confederate States or legal authority from my own State.

They are odious to our people and the guarding of them is regarded as degrading among our volunteers. But for these considerations I {p.696} would most cheerfully relieve the Confederate Government of one of their perplexities by taking and keeping them. Under these circumstances I would most respectfully ask not to be encumbered with more, and suggest that perhaps some state further south might better do it, but make some provision for those already sent.

If the United States refuse to recognize the war or the captives as prisoners we must make some provision for prisoners fighting against us without the sanction and pale of a lawful war. The doctrine of pirates and rebels applying to those engaged in unlawful warfare might include the Northern as well as Southern States.

Very respectfully,

HENRY T. CLARK.

* See also Clark to Walker, August 6, Vol. II, this Series, p. 1367.

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WAR DEPARTMENT, Richmond, July 30, 1861.

His Excellency HENRY T. CLARK, Governor of North Carolina.

SIR: Your letter of the 27th July has been received. The report of Colonel Johnston accompanying your letter has been received and is regarded as very satisfactory. It is preferred by the Department that the building at Salisbury should be purchased for the Government at the price named, and the Department is gratified to learn that the owners will probably consent to take Confederate bonds in payment. You are therefore authorized and requested to have the purchase consummated at an early day and to make arrangements for the necessary repairs and additions so that the building may be ready for early occupation.

It is hoped that the difficulties of which you speak in procuring volunteers to act as a guard for the building may soon cease to exist. Should it continue, however, you are requested to notify this Department, as some arrangements must at once be made for this necessary service.

In conformity with your request you shall be duly notified in future of the intention of the Department to forward prisoners to your capital should that be again necessary in order that you may have time to make arrangements for their reception.

Very respectfully,

L. P. WALKER, Secretary of War.

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EXECUTIVE DEPARTMENT, Raleigh, July 30, 1861.

Hon. L. P. WALKER, Secretary of War.

SIR: I have the honor to transmit herewith a copy of a communication this day made to me by a portion of the prisoners sent here under the charge of Lieutenant Todd. To this I have made no reply, not knowing what may be the determination of the Government in such cases. It seems to me proper, however, that I should transmit this application and await instructions if any are deemed necessary.

I have the honor to be, very respectfully,

HENRY T. CLARK, Governor ex officio.

[Inclosure.]

RALEIGH, N. C., Monday, July 29, 1861.

His Excellency Governor CLARK, North Carolina.

DEAR SIR: We the undersigned three-months’ volunteers in the service of the United States whose terms of service have expired during {p.697} our confinement here as prisoners of war, being extremely desirous of returning to our homes and families, would beg that if it meets the approval of Your Excellency that you will cause to be administered to us an oath to the effect that we will not again bear arms against the Southern Confederacy and upon the administration of such oath allow us to return.

Hoping that the above may meet with the approval and indorsement of Your Excellency, we remain, your obedient humble servants,

Henry M. Johnson, First New Hampshire Regiment, Nashua, N. H.; Oliver M. Sawyer, First New Hampshire Regiment, Nashua, N. H.; Manuel C. Causten, M. D., President’s Military Guard, of Washington, D. C.; Llewellyn C. Parker, First New Hampshire Regiment, Nashua, N. H.; C. H. Ripley, First New Hampshire Regiment, Nashua, N. H.; Chas. E. Hawkshurst, Second Connecticut Regiment, Derby, Conn.; Henry T. Pease, First New Hampshire Regiment, Nashua, N. H.; Austin G. Monroe, Second Connecticut Regiment, Norwich, Conn. [And many others.]

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WAR DEPARTMENT, Richmond, July 31, 1861.

Hon. J. P. BENJAMIN, Attorney-General, C. S. A.

SIR: The law of the Congress of the United States of March 18, 1814, paragraph XIV, contains the following provision:

Every non-commissioned officer and private of the Army, or officer or non-commissioned officer and private of any militia or volunteer corps in the service of the United (Confederate) States who has been or who may be captured by the enemy, shall be entitled to receive during his captivity, notwithstanding the expiration of his term of service, the same pay, subsistence and allowance to which he may be entitled whilst in the actual service of the United (Confederate) States: Provided, That nothing herein contained shall be construed to entitle any prisoner of war of the militia to the pay and compensation herein provided after the date of his parole other than the traveling expenses allowed by law.

The Quartermaster-General has presented to this Department the case of officers and soldiers of the First Regiment of Georgia Volunteers called into service by the requisition of the President who are now here on parole claiming pay and transportation, and desires to be informed “to which class of troops the Georgia regiment belongs and to what allowances they may be entitled” under the act above quoted. Your attention is respectfully called to this question and an early reply is solicited.

Very respectfully,

L. P. WALKER, Secretary of War.

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HEADQUARTERS OF THE FORCES, Norfolk, August 1, 1861.

Brig. Gen. S. COOPER, Adjutant and Inspector General.

SIR: I have had daily applications from persons desirous of going North for permission to go to Fortress Monroe and thence to Baltimore. I have allowed no flag of truce to go for the last month. The captain of an English ship, the Glory, wrecked some time since on Currituck Beach, and some of the crew are here. The captain says the business of his owners requires him to go North, and he and his crew have no {p.698} means of living here. The objection of my sending them to Old Point with a flag of truce is that hundreds of others are desirous of going. I have refused all, and shall continue to refuse every one until I receive instructions from the War Department.

Very respectfully, your obedient servant,

BENJ. HUGER, Brigadier-General, Commanding.

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SURGEON-GENERAL’S OFFICE, Richmond, Va., August 1, 1861.

Hon. L. POPE WALKER, Secretary of War.

SIR: I visited the buildings occupied by the prisoners yesterday afternoon. The upper building has on first floor fifty-two officers, including five surgeons; the latter are assisting the medical officer in his attendance on sick prisoners. The second and third floors contain 261 men. In the lower building are 551 prisoners. The police of these buildings is very bad, especially the lower one. The yard of the upper building requires much policing. From the crowded state of these buildings it is feared that a pestilence may make its appearance, and if it should the city would be the sufferer. It is therefore recommended that an additional building be had so as to make a more proper distribution for these men. I have urged upon Brigadier-General Winder the necessity of attending to the police, and I shall visit the buildings at various times to see that everything is in proper order.

Very respectfully, your obedient servant,

S. P. MOORE, Acting Surgeon-General, C. S. Army.

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HEADQUARTERS FIRST CORPS, ARMY OF THE POTOMAC, Manassas, August 2, 1861.

The parole of these doctors was taken to prevent the necessity of guarding them whilst they were attending to the enemy’s wounded, with the understanding it was to be continued by the War Department after leaving here, and that they were permitted to return to their homes when their services would be no longer required on the ground that they were non-combatants and might have got off if they had imitated their fellow officers.

G. T. BEAUREGARD, General, Commanding.

We the undersigned officers of the U. S. Army, prisoners of war, do make our unqualified parole of honor that we will not by arms, information or otherwise during existing hostilities between the United States and the Confederate States of America aid or abet the enemies of said Confederate States or any of them in any manner or form whatever until released from this parole by the Confederate States or until we are duly exchanged.

This the copy of the copy of the parole signed by the medical officers hereinafter maned: Alfred Powell, surgeon Second New York; Andrew McLetchie, assistant surgeon Seventy-ninth New York; Wm. H. Wilson, volunteer assistant surgeon Second New York; Washington A. Connolly, volunteer assistant surgeon Second New York; C. W. Le Boutillier, assistant surgeon First Minnesota; James Harris, assistant surgeon Second Rhode Island; R. A. Goodenough, jr., volunteer surgeon Fourteenth Brooklyn.

{p.699}

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DEPARTMENT OF JUSTICE, C. S. A., Richmond, August 3, 1861.

Hon. WILLIAM M. BROWNE, Assistant Secretary of State.

SIR: In reference to the subject-matter of your letter of this morning* I beg to say that I would cheerfully give any aid in my power to the counsel charged with the defense of the captain and crew of the Savannah but I am totally at a loss to see what can be done here.

The counsel desires parol proof of the action of this Government. We can send no witnesses to New York. We can furnish no such proof in time of war. The question appears to me to be much more of a political than of a legal character. If the United States refuse to consider this Government as even belligerent I do not see what effect the offer of parol proof could have. If we be recognized as belligerents the action of the public authorities of a belligerent nation can in no manner be authenticated so conclusively as by its seal. If the signatures of our public men are to be proved hundreds of persons in New York can prove them.

However all this may be it is certain that we have no means that I am aware of by which we can furnish parol proof as desired by Mr. Sullivan in his letter,** which I return.

Yours, respectfully,

J. P. BENJAMIN.

* Not fouud.

** Sullivan to Tucker, July 19, p. 11.

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RALEIGH, N. C., August 3, 1861.

General S. COOPER, C. S. Army, Adjutant and Inspector General, Richmond, Va.

GENERAL: Since my arrival in the State I have made diligent inquiry as to the best disposition that could be made of the prisoners captured from the enemy. I found upon reaching this city that steps had already been taken in the matter by direction of the Governor and the result communicated by him to the Secretary of War. I am convinced that the plan suggested in that communication is the best that can be made. In fact it was the almost unanimous recommendation of the persons to whom I mentioned the matter. Salisbury is located in the most productive region of the State. I have no doubt that if Colonel Johnston, our Commissary-General of Subsistence, were authorized to do so he could make a contract for subsisting the prisoners at a much less cost than to issue to them the usual army ration. Fruits, vegetables (garden) and fresh meats are produced in great abundance with a very limited market for them. That county has furnished nearly 1,000 men for the war, which of course increases the usual surplus productions in that proportion. I am creditably informed that more wheat has been raised in that part of the State than can be stored away in the usual granaries. I respectfully refer you to the Hon. Burton Craige, Member of Congress, who resides in that town and can give you all the information on that subject you will want.

I have the honor to be, very respectfully, your obedient servant,

R. H. RIDDICK, Lieut. Col. and Assistant Adjutant-General, Worth Carolina.

{p.700}

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SPECIAL ORDERS, No. 242.}

HEADQUARTERS OF THE FORCES, Richmond, August 5, 1861.

I. The Madison Infantry and Ouachita Blues, from Louisiana, are constituted a guard for the prisoners of war in this city, and the captains will report with their companies immediately to Brigadier-General Winder.

...

By order of the Secretary of War:

GEO. DEAS, Assistant Adjutant-General.

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HEADQUARTERS OF THE FORCES, Norfolk, August 8, 1861.

General S. COOPER, Adjutant and Inspector General.

SIR: I received yesterday your letter of the 6th instant in which you state:

It will become desirable soon to send prisoners of war on parole from this city by the Norfolk route to Fort Monroe, and you are requested therefore to make arrangements for this purpose.

I beg that I may receive notice by mail or telegraph forty-eight hours in advance of any number of such prisoners being sent. The train reaches here before 12 m. and if I have this notice will be prepared to transport them the same day to Fort Monroe.

Very respectfully, your obedient servant,

BENJ. HUGER, Brigadier-General, Commanding.

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WAR DEPARTMENT, Richmond, August 8, 1861.

Brigadier-General WINDER.

SIR: A letter has been received at this Department from Dr. S. P. Moore, Acting Surgeon-General, C. S. Army, calling the attention of the Department to the crowded condition of the Confederate prisons in this city, and requesting that more room be at once provided for the prisoners and a more efficient police adopted for the buildings and the adjacent premises.

Your immediate attention is directed to this subject, and you are authorized to cause such arrangements to be adopted as may be necessary to meet the evils complained of by the Surgeon-General and to provide more ample room for the accommodation of prisoners in future. The sanitary condition of the prisons should also receive immediate and constant attention.

Letters have also been received from Governor Clark, of North Carolina, requesting that no more prisoners be sent to North Carolina without due notice in order that time may be given to prepare for their reception. You are directed to observe this request and to send no more prisoners until further orders to North Carolina without having given due notice to Governor Clark and obtained his consent.

Very respectfully,

L. P. WALKER, Secretary of War.

{p.701}

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RICHMOND, VA., August 8, 1861.

Hon. L. P. WALKER, Secretary of War.

SIR: I have had the honor to receive your letter informing me that the Surgeon-General had called the attention of the Department to the crowded condition of the prisoners. In answer I have the honor to state that the crowded state of the prisoners arises entirely from the fact that one of the buildings occupied by prisoners was vacated at the request of the Surgeon-General himself to be used as a hospital. As this evacuation was done at a few moments’ notice another house could not be procured as readily as the other was vacated, but I immediately set to work to procure a house and I shall occupy it to-day. I think the complaint of the Surgeon-General was premature.

As to the police of the prisoners the crowded condition complained of was brought about by crowding the prisoners from three buildings into two for the purpose of accommodating the Surgeon-General. I have endeavored at all times to keep the prisoners in good condition and have always taken the responsibility to procure all that was necessary to accomplish it. I have been very much hampered for want of proper officers, finding it very difficult to procure them. I never send prisoners out of town without express orders to that effect.

I respectfully think the complaint of the Surgeon-General was to say the least premature.

Respectfully, your obedient servant,

JNO. H. WINDER, Brigadier-General, in Charge of Prisoners.

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WAR DEPARTMENT, Richmond, August 9, 1861.

His Excellency HENRY T. CLARK, Raleigh, N. C.

SIR: Your letter of late date, inclosing report of John D. Whitfield of ordnance stores necessary for the defense of North Carolina, has been received. This report has been referred to the Ordnance Department, and will receive due attention. Travis Southall, of Williamsburg, Va., having been arrested as a spy, was sent to Raleigh for confinement. There appearing no evidence to justify his detention you will please order his immediate release.

Your Excellency’s letter of August 6, relative to the prisoners now in confinement at Raleigh, has been also received. This Department cannot authorize the release of any of the prisoners mentioned upon their oath not to serve against the Confederate States, nor could the foreigners among them whom you mention be admitted to join our volunteer ranks. Rossvally and Widgen, having been arrested not as prisoners of war, are certainly entitled to the writ of habeas corpus, but this Department takes the liberty of reminding Your Excellency that it has been the uniform practice of the courts in similar cases not to grant discharges except by the authority of the Government, or after full legal process.

With regard to the sailing master who was captured by the authorities of North Carolina before that State became a member of the Confederacy, this Department does not assume to exercise control.

The Department begs leave, however, to suggest to Your Excellency a doubt as to the policy of discharging the prisoner unless the evidence {p.702} in his favor is entirely convincing. It is desirable, so far as possible, that the Confederate and the State authorities should in similar cases be guided by like principle of action in this regard.

Very respectfully,

L. P. WALKER, Secretary of War

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WAR DEPARTMENT, Richmond, August 9, 1861.

His Excellency Governor H. T. CLARK, Raleigh, N. C.

SIR: The constant arrival of additional prisoners of war in this city renders it necessary that provision shall at once be made for the accommodation of a portion of them elsewhere. You are therefore respectfully requested to hasten the preparations necessary for the Confederate prison at Salisbury to the extent of your ability, and to cause this Department to be informed at the earliest day when it may be ready for occupation.

Very respectfully,

L. P. WALKER, Secretary of War.

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WASHINGTON, N. C., August 9, 1861.

H. T. PAIRO, Esq.

DEAR SIR: I have just received a letter from a friend of mine in New York, Mr. Thomas A. DeMill, who is a Southern man, having moved from here fourteen years since, and has ever since last November as well as before been doing all he could to aid our cause and is now preparing to move back South. He writes in behalf of a Colonel Wood, of the Fourteenth [Brooklyn] New York Regiment, who was wounded at the battle of Bull Run and taken prisoner, and from my knowledge of Mr. DeMill’s devotion to the Southern cause I am sure he would not take the pains to write thus if he were not sure that Colonel Wood was worthy of favorable consideration. He says:

I write to enlist your influence in his behalf, to have good care taken of him by our Southern people and if possible released on parole. He is a fine man and it would do good to your cause to have particular attention paid to him (even by the ladies). His wife has gone out to him with a friend of ours, Mr. Angus. Colonel Wood is a particular friend of ours, an influential man and popular with the public and from having been a militiaman for years was drawn into the popular current when our people were run mad. His heart was not in the cause and he was drawn where he did not wish to go, being compelled as a military man to yield to the current or be branded a coward. If you can do anything for him do so at once and it will benefit your cause ultimately. Let him have particular attention for he deserves it. I would not speak thus for any other of the many acquaintances I have in the Federal Army.

If Colonel Wood is in Richmond a prisoner will you please seek him out and use your influence to mitigate his condition as much as propriety will permit? The Mr. Angus who has gone out with Mrs. Wood I saw in New York in June last and know that he openly espoused our cause warmly, at the risk of being mobbed and furnished with a coat of tar and feathers. I commend him to the kindest treatment from your citizens and if you see him give him my respects with thanks for his efforts in our behalf. I address myself to you in this cause from having seen while in your office evidences of your taking au active part in endeavoring to alleviate the sufferings of humanity, and am,

Very respectfully, yours,

JAS. E. HOYT.

{p.703}

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RICHMOND, August 12, 1861.

Hon. L. P. WALKER, Secretary of War.

DEAR SIR: In a conversation held with you a day or two since I had the honor of representing to you the condition of the prisoners taken in the Thompson and the propriety of moving them from their present location, Beaufort, S. C. You requested me to address you in writing. Some time in May last the ship Thompson was captured by the Lady Davis and brought with her crew of twenty-five men into the harbor of Port Royal and up to the town of Beaufort. The vessel has been declared a prize and the crew prisoners of war by the Confederate court. The vessel by an act of Congress has been ordered to be sold for a distribution of its proceeds. The crew heretofore confined at serious inconvenience by a detachment aboard the ship must now be removed from her. When I state that the removal of troops from the town to the harbor has left about fifty men upon our militia roll, and recall to your mind the very exposed situation of the town, you will I think perceive the propriety of (I may also say necessity for) an early removal of these prisoners to some more secure position. I earnestly request your early attention to this matter and an order for the removal of the prisoners.

Very respectfully, your obedient servant,

R. W. BARNWELL.

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SPECIAL ORDERS, No. 248.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, August 12, 1861.

I. The Tiger Bayou Rifles, Louisiana volunteers, are detailed as a guard to the prison and will report without delay to Brig. Gen. J. H. Winder.

...

By order:

GEO. DEAS, Assistant Adjutant-General.

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NAVY DEPARTMENT, Richmond, Va., August 15, 1861.

Brig. Gen. JOHN H. WINDER, C. S. Army, Richmond, Va.

SIR: Midshipman Albert G. Hudgins, of the Navy of the Confederate States, and one of the officers of the sloop of war Sumter, was recently captured at sea while acting as prize master and conveyed to New York, and reliable information has been laid before me that he is being treated by the authorities of the United States not as a prisoner of war but as a criminal, and that since the 21st of July last he has been held in solitary confinement in a cell in the Tombs.

Painful as it is to resort to retaliatory measures the barbarity of the enemy leaves no alternative but to treat prisoners in our hands precisely as he treats our fellow-citizens, his prisoners of war, his refusal to provide for an exchange of prisoners and failure even to respond to a communication made under a flag for that purpose having closed against us the usual resort of civilized nations in like cases.

You will therefore be pleased to provide two cells as nearly the size of that in which Mr. Hudgins is confined as practicable and place in them Lieut. George L. Selden and Master Albert Kautz, officers of the {p.704} U. S. Navy. The health of the prisoners will be duly provided for and they may be informed that the cruel treatment of Mr. Hudgins has constrained us to subject them to this severity.

I am, very respectfully, your obedient servant,

S. R. MALLORY, Secretary of the Navy.

By order of the President.

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General COOPER:

Albert G. Hudgins, midshipman-William A. Hicks, midshipman. The above young officers were taken prisoners by the enemy whilst in charge of prizes captured by the sloop Sumter, to which they were attached, and are now in prison in New York. They should be included in any arrangements made for exchange or release of prisoners.

Respectfully,

ED. TIDBALL.

[Indorsement.]

General Cooper will please have the above officers placed on the list furnished him so that they may be included in any arrangement for exchange.

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UNION MILLS, August 15, 1861.

Hon. L. P. WALKER, Secretary of War.

SIR: On the morning of the 17th ultimo when ordered to retreat from Fairfax Station my brother was taken prisoner. At the same time my servant, a colored boy, was taken by one Colonel Willcox, of Michigan. I have made application to you through Colonel Seibels for the exchange of my brother as soon as possible. Since then I learn from respectable gentlemen that my negro boy was seen at the quarters of said Colonel Willcox on Thursday, Friday and Saturday before the battle. I see now that said Willcox has moved and is now in Richmond. I have also learned that some negroes were taken prisoners. Will I be allowed to examine those negro prisoners and see if my boy is among them? If this be allowed where will I find them?

With high regards,

T. A. DAVIS, Captain Autauga Rifles, Sixth Regiment Alabama Volunteers.

[Indorsement.]

Affirmative answer.

SPECIAL ORDERS, No. 251.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, Va., August 15, 1861.

...

IV. Col. Charles Dimmock will detail a company from his command to report to Brigadier-General Winder as additional guard to the prisoners of war.

...

By order:

GEO. DEAS, Assistant Adjutant-General.

{p.705}

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OFFICE OF THE SECRETARY OF THE CONGRESS, August 17, 1861.

His Excellency JEFFERSON DAVIS.

SIR: The resolutions which I have the honor to submit below were adopted by the Congress yesterday, the 16th August, instant:

Resolved, That the President be requested if in his opinion not incompatible with the public interests to communicate to the Congress any information he may possess as to the hanging of captives in the late battle of Manassas.

Resolved, That the President be also requested to communicate to this Congress any information he may possess as to the cruelties practiced by the authorities of the United States against persons taken as prisoners.

Respectfully, your obedient servant,

J. J. HOOPER, Secretary of the Congress.

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SPECIAL ORDERS, No. 255.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, Va., August 19, 1861.

...

VII. Col. Charles Dimmock will direct four companies to report without delay to Brig. Gen. J. H. Winder as an additional guard for the prisoners of war.

...

By order:

GEO. DEAS, Assistant Adjutant-General.

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FAIRFAX, VA., August 19, 1861.

Hon. L. P. WALKER, Secretary of War, Richmond.

SIR: Will you let me trouble you for the last time? I thank you for the consideration you gave my last letter and the kind tone of your reply. I acknowledge the justice of your conclusion, still I believe the United States when compelled to exchange at all would do so for us if you required it, since you have the advantage of them and could not prevent our entering the service against them under assumed names, and indeed I always thought they would do so in the case mentioned. The mistake as they mildly term it by which we were captured would afford a consideration for the proposal from you.

There is now but one thing for me to do. You do not look upon us as worth the trouble; I therefore state these facts: Our services in Alexandria were important, trying, valuable and well performed. We have rendered services since our liberation too. I myself have lost my all by devotion to the cause. My property is destroyed; my family were driven out of home by armed ruffians and they were seeking me to murder me (having found out my position here) and would have succeeded, but I had acted on my resolution of never being caught again and left with the army. In the retreat from Fairfax Court-House I was among the last and am happy to be able to prove that I was of service in it. I was useful in both battles near Manassas, though I did not use any weapon, not having received your letter then and still being hopeful of exchange. Whatever happens I shall still do all I can for our cause. My assertions here I can prove and among my witnesses are Generals Bonham and Ewell, and Colonels Terrett, Taylor, Corse and (especially) Kershaw, and many other officers.

{p.706}

I am certainly a wiser man now than I was two months ago, and if allowed to do so whether exchanged or not could soon bring to the field a company of eager youths whose bitter experience would make them dangerous to the foe. I desire exchange for my own credit, but if it cannot be effected I should hope our services might still be received, as our obligation would be but a personal thing between us and the United States Government and something into which you are not bound to inquire. Of course if you still think differently we must submit. There is only one way for us then. If I return to prison (of course at my own risk) will you then exchange for me and give me my rank? I will serve for a private’s pay and indeed as a private. I trust, sir, you may afford me some relief, as you express the hope that I may wipe out the stain on our arms by noble deeds and yet leave me no way of performing those deeds except a suicidal one.

I must find something to do as I really have no way of providing for my family, our income having failed, nor will I be content but in active service. I am sorry to trouble you, but I cannot resist the inclination when I find they are crying for exchange. I shall toil for my country as long as a foot of her soil is held by the base oppressor, but I will never cease to strive for my own vindication till the cruel arts they practiced, the violation of that flag and the youth and inexperience of myself and men have cleared us in the good opinion of the world. When all is known it will be done. Virginia has not recalled from me the commission I hold under her authority. I do not know why you refuse me the title it conveys. It cannot be recalled except by sentence of a court-martial, and Heaven knows I would rejoice to have to incur that danger.

I am, therefore, with high respect, your obedient servant,

M. DULANY BALL, Captain Fairfax Cavalry.

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WAR DEPARTMENT, Richmond, August 20, 1861.

To Dr. S. Hagadorn,* Clark Rodman, William Stewart and Orderly Sergeant John Hoskins, for and on behalf of fifty others, prisoners of war taken in arms against the Confederate States of America:

Your various communications addressed to the President of the Confederate States of America and to this Department praying for your discharge on parole, or for an agreement with the Government at Washington by which you may be exchanged for C. S. prisoners held by that Government, have been duly read and considered.

It does not comport with the policy of this Government to discharge any more of its prisoners upon parole, in view of the fact that proceedings are even now being instituted in the courts of New York through which a large number of persons so discharged are sought to be furnished with a subterfuge under which they may again enlist and enter the field against our peace and safety; but not only have the petitions which some of your fellow-prisoners addressed to the Government at Washington praying to be exchanged been forwarded to that Government, but the President of the Confederate States of America has also addressed to that Government a communication proposing an exchange of prisoners in accordance with the uniform and universal rule of civilized warfare.

The Government at Washington have not thought proper to respond either to the one or the other. That Government has so far ignored {p.707} your existence. If this Government have chosen to pursue toward you within the limits of a proper regard for their own security the course of civilization and common humanity it is because our people have been taught from infancy to practice kindness and generosity toward a disarmed or fallen adversary and would not countenance in their Government a departure from these Christian teachings. It is grateful to this Government to be able to meet the sentiments of its citizens. We must, however, under these circumstances retain you as hostages. This is required by the inexorable necessities forced upon the Government of the Confederate States of America by the Government of the United States, and to satisfy that fixed sense of justice acknowledged by all mankind.

You must therefore direct your appeals to the Government at Washington, under the assurance that the Government of the Confederate States of America having due sympathy for your situation holds itself open to a proposition for an exchange of prisoners according to the custom of Christian nations and the usages of civilized warfare.

L. P. WALKER, Secretary of War.

* See case of Hagadorn, Vol. II, this Series, p. 1501 et seq.

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ADJUTANT AND INSPECTOR GENERAL’S OFFICE, Richmond, August 20, 1861.

General B. HUGER, Commanding, Norfolk, Va.:

Your letter* inclosing list of prisoners brought in by the York has been submitted to the President, who directs that you be advised that the course pursued by you is correct and that you notify the prisoners why such rigors are imposed upon them, authorizing them to write to their Government stating these decisions.

I am, general, respectfully, your obedient servant,

R. H. CHILTON, Assistant Adjutant-General.

* Not found.

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WAR DEPARTMENT, Richmond, August 21, 1861.

The PRESIDENT:

SIR: In answer to the resolution of Congress* calling upon Your Excellency for any information you may possess as to the hanging of captives in the late battle of Manassas and as to any cruelties practiced by the authorities of the United States against persons taken as prisoners, I have the honor to inclose** such information upon the first resolution as exists upon file in the Adjutant-General’s Office, no other official correspondence upon either subject of inquiry being in this Department.

Very respectfully, your obedient servant,

L. P. WALKER, Secretary of War.

* Reference is to resolution of August 16, p. 705.

** Not found.

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SAVANNAH, GA., August 21, 1861.

His Excellency JEFFERSON DAVIS, President, &c.

DEAR SIR: As I may be unknown to you and as my communication is of a delicate and important character I refer you to Vice-President Stephens and Mr. Memminger.

{p.708}

I have received a letter from a gentleman in Philadelphia whose address shall accompany this letter. He is a man of education and character and asks the utmost privacy and caution in any steps that you may take. He writes me that the prisoners taken from the Petrel are destitute of clothes and comforts, imprisoned as pirates and heavily ironed going to and returning from the court-room. He is about engaging the services of William B. Reed, esq., and is willing to act as the agent of our Government in procuring counsel, clothes, &c., for our prisoners free of all charge. He desires privacy, not because he fears responsibility but because publicity would destroy his usefulness. If therefore consistent with your line of policy I suggest that either through me or any friend you may have in Philadelphia you authorize the gentleman who has written to me to employ counsel and furnish clothes for our suffering fellow-citizens.

If you deem it unadvisable to pursue the above course then may I take the liberty to suggest the propriety of your consigning (as an act of justifiable retaliation) a portion of the prisoners now in Richmond to the jails of Charleston. Savannah. Mobile and New Orleans? The malignity of our enemies and the character of their uncivilized warfare seem to justify any harshness on our part.

With sentiments of high respect for you and gratitude for your services to our country,

I am, dear sir, yours, truly,

SOLOMON COHEN.

P. S.-The address of the gentleman referred to is B. Phillips, care Phillips & Allen, Philadelphia.

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WASHINGTON, N. C., August 21, 1861.

Hon. L. P. WALKER.

SIR: I have a letter from my father in New York City concerning case of Colonel Wood, a prisoner from the Fourteenth Regiment, of Brooklyn. My father resided in this place over forty years and his feelings are entirely with the South. He has been engaged with my brother, also a resident of that city, in aiding our cause to whatever extent they could both before and since the war. The within pamphlet was written by my brother. From peculiar circumstances they are both kept for the present North. I mention these facts that it may lend whatever aid toward the object of this letter, and refer you for myself to the honorable Messrs. Branch and Ruffin.

Since Colonel Wood’s imprisonment my father has become impressed conscientiously with the idea that little attentions to Colonel Wood by way of not confining him with common soldiers and even extending some liberties will be of much benefit to our cause, and he has in frequent letters to me urged that whatever of influence could be used in Colonel Wood’s case be extended. I know not the peculiar circumstances whereby he claims for him any exemption from others myself, as he does not state them to me only in general terms, but I am satisfied that my father’s large acquaintance in the cities of New York and Brooklyn enables him to know and therefore to speak.

Simultaneous with the receipt of my father’s first letter I received a copy of the Richmond Dispatch of August 7 and clipped therefrom an article (marked) from a London correspondent, which I inclose and in {p.709} which I notice that Colonel Wood has received possibly those attentions which my father would ask for him. I write therefore to say that if so my letter will add assurances that those attentions have not been unworthily bestowed, otherwise that you will permit it in the case of Colonel Wood for whatever right it may possess.

I am, sir, with great respect, your obedient servant,

W. E. DEMILL.

[Inclosure.]

Extract from the special correspondent of the London Morning Herald appearing in the Daily Dispatch, Richmond, Va., August 7, 1861.

...

Subsequently Colonel Withers accompanied me to his marquee, where I was introduced to a wounded Federal officer, Colonel Wood, of a Brooklyn regiment, to whom the utmost attention and kindness had been exhibited. That very morning, fully three days after the battle, the unfortunate sufferer was discovered in a neighboring thicket, whither he had crawled after being disabled. I am informed that a couple of his men remained with him, attended to his wounds and brought him water, the only refreshment they could procure. This is a deed of heroism worthy of being recorded; for why should we not recognize the virtues even of an enemy?

I had some desultory conversation with the wounded colonel, who appeared so gentlemanly and amiable that I am not astonished that he should have been a great favorite with his command. “How much better,” I observed, “that the unfortunate contest which now wages between both sections of this country had been averted by mutual concessions-by anything in fact short of bloodshed?” “Indeed, yes, sir,” he rejoined in a weak, tremulous voice, “seeing that the same results must ultimately ensue, then how much more politic to have realized them without war than with it.” Colonel Wood seemed overpowered by the kindness and hospitality shown to him by an enemy, from whose hands he was led to expect no favor and from whose heart no compassion. I am credibly informed that the wounded Federalists in our hospitals frequently weep owing to the uniformly kind manner in which they are treated. It seems I fear a prevalent idea with the enemy that Southern soldiers are destitute of the common feelings and amenities of humanity, and that no quarter need be expected should the fortunes of war place them at their mercy. “Kill me, if you like,” observed a wounded man to one of our soldiers who approached him as he was lying helpless on the field; “kill me, if you like. I am a true citizen and Southerner, but was forced into the thing. Kill me, if you like.”

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Resolution adopted by the Confederate Congress August 22, 1861.

Resolved, That the President be requested if in his opinion not incompatible with the public interests to communicate to Congress the letter* from General Bonham, dated the 26th, reporting the hanging of two sentinels of the South Carolina troops who were captured on the l7th of July by the enemy near Centerville, and also any information he may possess relative to the facts asserted therein.

{p.710}

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WAR DEPARTMENT, Richmond, August 23, 1861.

The PRESIDENT.

SIR: In reply to the resolution of Congress of the 22d instant calling upon Your Excellency for the letter of General Bonham, dated 26th of July, reporting the hanging of two sentinels of the South Carolina troops who were captured on the l7th July by the enemy near Centerville, and any information you may possess relative to the facts stated therein, I have the honor to state that I communicated to Your Excellency on the 21st August all information in this Department bearing on the subject of the inquiry made by Congress as contained in the correspondence of General Cooper, the Adjutant [and Inspector] General of the Army, and General Johnston, commanding the South Carolina forces under General Bonham. The letter of General Bonham of the 26th of July was not transmitted to this Department and is presumed to be in possession of General Johnston to whom it seems to have been originally addressed.

Very respectfully, your obedient servant,

L. P. WALKER, Secretary of War.

* Not found.

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Resolution adopted by the Confederate Congress August 23, 1861.

Whereas, it is known the officers and crews of the Confederate States privateers Sumter and Petrel and other privateers captured by the authorities of the United States have been placed in irons, incarcerated in dungeons and otherwise treated as pirates instead of prisoners of war; and

Whereas, there are not an equal number of prisoners taken at sea in the possession of the Confederate States on whom to inflict a just and equal retaliation: Therefore,

Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of selecting from the prisoners of war now in possession of the Confederate States a sufficient number on whom to inflict retaliation for the outrages upon the officers and crews of the privateers or national ships of the Confederate States captured by the enemy.

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WAR DEPARTMENT, Richmond, August 26, 1861.

Col. L. B. NORTHROP, Commissary-General.

SIR: I inclose copy of a letter just received at this Department and respectfully call your immediate attention to its contents:

RICHMOND, August 23, 1861.

General COOPER, Adjutant and Inspector General.

SIR: I respectfully beg leave to again call attention to the report of the Subsistence Department declining to pay the bills connected with the prisoners. The bill to C. H. Powell for the board of five of the prisoners who were sent away has been returned to me with the report from Mr. Powell that he had presented the bill and had been told that they had nothing to do with it. This bill has been indorsed by yourself, “Allowed, and to be paid. By order of the Secretary of War.” The bill for the board of the prisoners in the county jail has been refused by the same department. It is very annoying and mortifying to have these bills returned in this way, and if continued the business of the prisons cannot be carried on.

Respectfully, &c.,

JOHN H. WINDER, Brigadier-General.

{p.711}

It is the duty of the Government to subsist the prisoners, and as there is no doubt some honest misapprehension between General Winder and some of your subordinates I hope you will make inquiry and thus prevent a recurrence of like delays.

Very respectfully,

L. P. WALKER, Secretary of War.

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SPECIAL ORDERS, No. 134.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, August 26, 1861.

...

V. Private Henry Wirz, of the Madison Infantry, Louisiana volunteers, will report for duty to General J. H. Winder, in this city.

...

By command of the Secretary of War:

JNO. WITHERS, Assistant Adjutant-General.

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CONFEDERATE STATES, August 26, 1861.

The Honorable SECRETARY OF WAR, Richmond.

SIR: I have the honor to address you under the impression that you have more prisoners of war than you or the Confederacy care to maintain. Knowing the character of the foreign Catholics, particularly the Irish, you can rest assured that if you make them take an oath administered by a priest or a chaplain before an altar in a Roman Catholic church that there is no danger of their taking up arms against us afterwards. By releasing them it may put a stop to Doctor Lincoln’s obtaining any others when they hear from these how they have been treated.

All which is respectfully submitted.

BY A CITIZEN AND CATHOLIC.

P. S.-Let none have this privilege who have not confessed and communed to a priest for they cannot be trusted.

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RICHMOND, August 27, 1861.

Hon. L. P. WALKER, Secretary of War.

SIR: I have been subsisting prisoners and prefer continuing to do so because I do not want any competition in the purchase of supplies. I expect the cost will be reimbursed to this department by the Quartermaster’s Department. The bills referred to in Captain Williams’ letter were treated as therein described. Certainly nothing offensive was said to the parties. I know it was explained to them. Another came in this morning and I directed Captain Williams to take it down to the quartermaster’s office and refer to the law on which the bill was ordered to be paid. If General W[inder] will refer to the law he will find the place to which these bills should be presented.

I have the honor to be, sir, very respectfully, your obedient servant,

L. B. NORTHROP, Commissary-General of Subsistence.

{p.712}

[Inclosure.]

OFFICE OF COMMISSARY OF SUBSISTENCE, Richmond, Va., August 26, 1861.

Col. L. B. NORTHROP, Commissary-General of Subsistence, Richmond, Va.

COLONEL: In compliance with instructions from you to report the circumstances concerning the presentation of certain bills connected with the prisoners of war and the refusal of the Subsistence Department to pay the bills I have the honor to state that not long since, the exact date not remembered, two parties presented bills for committing, releasing and boarding certain prisoners of war. By your direction I took the accounts to Mr. Bledsoe and understood from him that such accounts would be paid from out of the contingent fund of the War Department and that the accounts or bills should be first approved by the Secretary of War. I accordingly told the parties what Mr. Bledsoe said and heard nothing more of them. I beg leave further to say that the Subsistence Department could have nothing to do with such bills, as by act No. 181 of the second session of the Provisional Congress, section 1, approved May 21, 1861, all such expenditures should be made by the Quartermaster’s Department.

Very respectfully, your obedient servant,

R. WILLIAMS, Captain and Commissary of Subsistence.

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RICHMOND, August 27, 1861.

Capt. GEO. H. SMITH, Heck’s Virginia Regiment, Culpeper Court-House, Va.

CAPTAIN: Efforts have been made to obtain exchange of prisoners from the United States Government but no response has been received, and until arrangements are made and communicated you must remain as you are.

I am, sir, &c.,

R. H. CHILTON, Assistant Adjutant-General.

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ABERDEEN, MISS., August 28, 1861.

Hon. JEFFERSON DAVIS, Richmond.

Pardon a private suggestion. It can do no harm. What disposition is to be made of our prisoners is a prominent theme of discussion among the people. The United States refuse to exchange or to recognize the principle. They have but few prisoners in comparison with the number in our possession even if they would. They also refuse to permit their soldiers taken by us to observe the honorable obligation of a parole. Are we then to cut their throats or to discharge them under threat and with the probability of having them again sent against us? We would not do the first, neither will our safety permit nor the civilized world require that we adopt the latter alternative. Are we then compelled to feed, clothe and exhaust our scanty stock of medicines in supporting and nursing them? I think not.

There is a medium policy. Let these prisoners be confined in a place or places most eligible in reference to such a policy and then give notice to the United States Government that after a certain day no more food, clothing or medicine will be furnished said prisoners by the Confederate {p.713} States. Let such notice be accompanied by an assurance that any provisions, &c., furnished by the United States shall be applied to their comfort and support, and also a request that they be furnished. Should the United States recognize their obligation to do so or accede to our request the details can then be arranged. Should they refuse then let them starve. “We have delivered our souls.” The world will justify the stern resolve and sheer justice to our own country demands it. I conceive that this or some similar policy is most important in its effect upon the future action of the Northern States. Treated as our prisoners now are captivity has neither sacrifice nor suffering to a large proportion of them. They are as well or better fed and cared for generally than if they were in their own ranks or even in their own homes. I am prepared to believe that the greater portion of the Army of our enemy are men who fare better as soldiers than as citizens and who enter the ranks for that reason. If so the increasing distress and starvation of the lower classes of the Northern population will continue to swell their ranks unless some counter policy on our part can evade its influence. Under our present policy such men have everything to gain and nothing to lose. If they enlist against us and defeat us it is well. If taken captive by us well also. In either event they escape privation and want and obtain comfort and abundance, either in our parlors or our prisons.

Our present policy is a temptation to invade us. But let this be changed. Adopt the policy suggested and the invasion of our soil becomes a very serious matter. The line of argument will be this: If taken prisoner will my Government exchange for me? No. If it is proposed to discharge me on parole will my Government consent to it? No. Will the Confederate States feed and clothe me? No. Will my own Government do so if consented to by the Confederate States? No. Will the Confederate States then discharge me unconditionally? Never. Then of course if captured I must starve? Certainly. That such a state of affairs would tend to cripple if not crush all attempts at recruiting I cannot doubt. Men would not serve a Government that would wantonly let them starve in a prison with the power and permission to save them. But I have said enough to explain my idea..

With respect, your friend,

JAMES PHELAN.

[Indorsement.]

Secretary of War, in connection with prisoners of war.

J. D.

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RICHMOND, August 29, 1861.

The Honorable SECRETARY OF WAR:

DEAR SIR: Happening a few days since to mention the matter of the scarcity of shoes to J. Randolph Tucker, esq. (our State attorney), and asking him of the chances or probability of being able through the authorities to obtain the services of such of the prisoners now confined here, he referred me to the quartermaster, Confederate forces. On seeing him he referred me to General Winder. He, acknowledging his willingness to the plan I proposed, referred me to Your Excellency before deciding for your opinion on the matter. The plan I propose or the terms on which I apply for their services is to ascertain how many of them would voluntarily agree to work in prison at such prices as would enable me to reserve to the Confederacy such sum as would feed them during their confinement or give them the full benefit of their labor, as the decision of officials might be. This would I have no doubt {p.714} be an agreeable relief to them, might be of some little revenue to the Confederacy and fill up to some extent at least a much-needed supply of an article indispensable to the comfort of our troops, many of whom are even now but poorly supplied with suitable shoes from the fact that they cannot be obtained. It may not be known to Your Excellency that this great scarcity of shoes does exist, but with this matter I am familiar, having been for many years engaged in the manufacturing and dealing in shoes in this city. The impossibility of obtaining the services of shoemakers who are amongst us and of us arises from the fact that every man or boy who can make or thread is now and has been for several months engaged in military work at such advanced prices and wages that none can be induced to work on shoes. This scarcity of hands is still further increased from the second fact that about one-half of those formerly employed in that way were Northern men who caught the Bull Run fever and left us for homes more congenial to their feelings. Should this matter be or seem to Your Excellency one which might be carried through on the terms I propose without detriment in any sense I would be pleased to receive a permit (after satisfying you who and what I am) to visit the prisons and see what I might do or what might be done in this way. In the meantime should you chance to see or meet with James Lyons, esq., at Jos. Mayo’s, esq., city mayor, they can inform you of my character with regard to the propriety of my visiting your prisons.

Very respectfully, your obedient servant,

PETER TINSLEY.

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An act of the Confederate Congress authorizing the President to retaliate upon prisoners, approved August 30, 1861.

Whereas, the Government of the United States has placed in irons and lodged in dungeons citizens of the Confederate States acting under the authority of letters of marque, issued in accordance with the laws of the Confederate States by the President thereof and have otherwise maltreated the same, and have seized and confined sundry other citizens of the said Confederate States in violation of all principles of humane and civilized warfare: Therefore,

Be it enacted by the Congress of the Confederate States of America, That the President be and he is hereby authorized to select such prisoners taken from the United States and in such numbers as he may deem expedient upon the persons of whom he may inflict such retaliation in such measure and kind as may seem to him just and proper.

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WAR DEPARTMENT, Richmond, September 2, 1861.

Col. EPPA HUNTON, Comdg. 8th Regt. Va. Vols., Camp Johnston, near Leesburg, Va.

SIR: Your letter of August 28 proposing exchange of Arthur Dawson, of the Loudoun Cavalry, now a prisoner in the hands of the enemy, for one Henry Johnson, of New Hampshire, now a prisoner of war in Richmond, and stating considerations in favor thereof, has been received. The attention of this Department had been already called to this case and in reply to the same proposal the answer has been returned that it would be both inconsistent with the dignity and self-respect of this {p.715} Government and unjust toward the body of our own soldiers to ask for or to grant exceptions to a policy imposed upon us by our enemies, equally in derogation of this Government and inconsistent with the instincts of humanity and the known usages of civilized warfare. For the sake of the young man himself and his widowed mother I deeply regret the necessity of this reply. Where the “blame of it” lies history and humanity will not permit Colonel Geary to be the judge.

I have the honor to be, respectfully,

L. P. WALKER, Secretary of War.

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FORT SULLIVAN, TEX., September 2, 1861.

His Excellency President DAVIS.

HONORED SIR: You will please pardon the liberty I take in addressing you and offering a suggestion with regard to the prisoners which we have taken. Learning from the papers that the Federal Government will not exchange, and they consuming our sustenance in the meantime, and knowing that your mind is ever filled with pressing and important business is the cause of my writing and calling your attention to the importance of having a railroad connecting this State with Louisiana for military, mail and other purposes, and suggesting the propriety of having those prisoners accomplish the work. They might as well work, as they have to be fed.

Trusting, sir, that you will not deem this presumption on my part, I remain, yours, most respectfully,

W. A. WILSON.

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UNIVERSITY OF VIRGINIA, September 5, 1861.

Hon. L. P. WALKER, Secretary of War.

SIR: It is perhaps due to the writer of the inclosed letter that I should bear testimony to the truth of its statements in so far as the facts have come under my observation. I know nothing of the incidents on the field after the battle as cited in the letter, but I am cognizant of the facts which relate to Doctor Homiston’s attentions to some of our wounded men during a short time when the attending surgeon was indisposed. Doctor H[omiston] came to this place in company with a Colonel Wood, of a Brooklyn regiment, who was very severely wounded. This officer I have learned made a very favorable impression upon Colonel Withers and others who had the custody of him for one or two weeks after the battle, when he was sent to a private house in Charlottesville. I further learn that his medical attendant, Doctor Homiston, has behaved in a manner to win the commendation of observers, although it is apparent that he is not a person of any considerable refinement or of large professional attainments.

I am, very respectfully, your obedient servant,

J. L. CABELL.

[Inclosure.]

RICHMOND, September 3, 1861.

Doctor CABELL.

DEAR SIR: I have left Charlottesville without anything to show as to who I am or without any one to say one word in my behalf. I know it is asking a great favor of you, but unless there is some one to speak {p.716} for me the Secretary will take no notice, whereas a few words from you will start me for home. If you will send me a letter to give to the Secretary making some statement in regard to my case it will be the only way in which I can get a hearing. Please state that I came voluntarily to your lines and requested permission to attend to the wounded which was granted and attended not only many of our own but many of the Confederate soldiers, of some of whom I have the names. At Mr. Wertenbaker’s I always dressed the wounded in the absence of the attending surgeon. Anything further which you wish to learn of me Colonel Wood will inform you. Please state that I have a family in Brooklyn, and as I am no longer in the service and do not intend to be it would be extending me a great favor to allow me to go to my family. A few words from you to the Secretary will decide my fate. Write as soon as possible.

Respectfully, yours,

J. M. HOMISTON.

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COTTON PLANT, ARK., September S. 1861.

Hon. L. P. WALKER, Secretary of War, Richmond, Va.

RESPECTED SIR: I would call your attention, and through you that of President Davis, to the complaint of the people in these parts at the disparity of treatment toward prisoners on the part of the United States Government and that of the Southern Confederacy, and while we much regret the necessity of retaliation yet we see no alternative left our Government but to do so, and Lincoln and his partisans think we are afraid. We would respectfully suggest a demonstration after the following manner: That all that you have of the Lincoln party be handcuffed and sent to Fort Sumter, there to be placed upon bread and water; and further that Generals Pillow, Hardee and McCulloch be instructed to break the left leg of all that they now or hereafter may have in their possession and then turn them loose, and that this plan be pursued until the Lincoln Government agree to exchange prisoners.

Sir, this is with every respect, and I am your friend,

TAZEWELL W. TRICE.

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RICHMOND, VA., September 6, 1861.

His Excellency JEFFERSON DAVIS, President of the Confederate States of America.

HONORED SIR: The undersigned, a surgeon in the Fourteenth New York State Militia, who voluntarily surrendered himself at Manassas rather than abandon his wounded colonel, begs leave to make a statement of facts and then request permission to return to his family. He respectfully but earnestly calls your attention to the following points:

He did not volunteer in this war as his commission now in his possession will demonstrate, but being surgeon to a militia regiment at the time of its occurrence he was ordered out and was consequently forced to take the field. After the battle of Manassas he willingly and to the extent of his capacity assisted in the treatment of a number of Confederate soldiers whose names, regiments, &c., he can readily furnish, and in proof of which fact he begs leave to refer Your Excellency to the following persons: Doctor Darby, of South Carolina, surgeon, Provisional Army, C. S.; Doctor Taylor, assistant surgeon, Provisional {p.717} Army, C. S.; Doctor Boswell, a resident of this city, and Prof. J. B. McCaw, of the Medical College of Virginia. Since his capture he has remained at Charlottesville, Va., in attendance upon Colonel Wood, of New York, and has so conducted himself as to secure the good will of the surgeons at that post. For proof of this he would ask you to call upon Dr. J. L. Cabell, surgeon, Provisional Army, C. S.; Dr. Edward Warren, surgeon, Provisional Army, C. S.; Dr. Alex. Rives, assistant surgeon, Provisional Army, C. S., and in fact all persons connected with the post. Whilst in Charlottesville he assisted the surgeons of the Confederate Army in attending the sick and wounded to the entire satisfaction of all parties. He has been so circumstanced since his capture as to remain entirely ignorant of the military plans and operations of the Confederacy and he pledges his honor as a gentleman and an officer that he has no intelligence to communicate or desire to act the part of an informer. And he is a man of family having a wife and child from whom he is separated to his infinite sorrow and toward whom his heart yearns with the most fervent affection. In view of all these facts he most earnestly entreats Your Excellency to discharge him on his parole, promising that he will use his best endeavors to secure the release of some officer in his place and pledging to give the Southern people his eternal gratitude.

Respectfully submitted.

J. M. HOMISTON, M. D., Surgeon Fourteenth Regiment New York Militia.

[Indorsement.]

If he can procure the certificate of some of the surgeons of our Army referred to by him to sustain his statements he will be released on the same terms as the other surgeons already released.

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WHITE SULPHUR SPRINGS, [VA.,] September 6, 1861.

His Excellency President DAVIS.

SIR: We, the undersigned prisoners of war from the Ohio volunteers of the U. S. Army in the Kanawha Valley, most respectfully beg Your Excellency to lend a favorable ear to our joint petition for liberation.

We have been taken prisoners on the 18th and 20th of August, and it has been our good fortune to fall in the hands of such gentlemen as convinced us by their gentlemanly treatment and many kindnesses that it would be the height of ingratitude and quite incompatible with our sense of honor any more to appear in arms against such. It is therefore we are all willing to take an oath not to take up arms again while the present much to be deplored war lasts. We ask this great favor at the hands of Your Excellency to escape the necessity of sooner or later proving ourselves ungrateful though unwillingly so, because an exchange of prisoners would surely force us to again appear in a hostile attitude toward a people which has our full esteem and gratitude.

Furthermore, sir, we beg leave to make an appeal to your clemency on account of the majority of us being married men to grant us the happiness of being restored to our families, and thus quiet the fears and anxiety they necessarily must feel, as any communication whatever from us to them has so far been impossible; besides this they will by this time having been deprived of their support greatly need our assistance in these now so depressed times.

{p.718}

We are at present at the White Sulphur Springs in custody and charge of Captain Adams, commanding a company of artillery named Gauley Artillery, who has by his gentlemanly deportment and many kindnesses alleviated the evils incident to being a prisoner.

Hoping, sir, that this appeal to your clemency under the condition mentioned will find an advocate within your own generous and chivalric bosom, we beg leave, sir, to sign ourselves, most respectfully,

Your obedient servants,

EDWARD H. BOHM, Sergeant, GEORGE WEISSENBACH, Of Company K, Seventh Regiment Ohio Volunteers. HANSOM M. WOLLAM, EDWARD P. TUTTLE, EPHRAIM HANKS, Of Company B, Twenty-sixth Regiment Ohio Volunteers. VALENTINE SHULTZ, CONRAD SHULER, Of Company B, Eleventh Regiment Ohio Volunteers.

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C. S. PRISON, Richmond, September 7, 1861.

Brig. Gen. J. H. WINDER, C. S. Army, Richmond.

GENERAL: I am obliged to report to you the escape of eleven prisoners, one of whom was recaptured: Capt. J. R. Hurd, Lieut. C. J. Murphy, Lieut. W. H. Raynor, Privates G. W. Ward, T. J. Linigan, A. Bryant, F. Brown, J. A. French, Charles Lincoln, J. Tompkins (recaptured), Citizen W. Smith. Notwithstanding the utmost vigilance on the part of all the officers attached to this command it is impossible to keep liquor away from the guard unless the grog-shops in the neighborhood of these prisons are closed. I can account for the escape of prisoners only by supposing that some particular sentry was drunk on post. I regret too to say that it is my duty almost every day to report such cases to Colonel Ward. Can I take no steps to close the grog-shops complained of? Every building is so crowded with prisoners that I have no suitable room in which to place the large guard when off post and hence the ease with which they can fill their canteens with whisky at the shops. In accordance with your order I intend to place recaptured prisoners in irons, but as handcuffs require to be frequently removed can I not obtain ball and chain?

Very respectfully, your obedient servant,

GEO. C. GIBBS, Captain, Commanding Prison Guard.

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NASHVILLE, TENN., September 8, 1861.

Mr. JAMES LYONS.

SIR: The morning before I left Philadelphia, Pa., which was last Wednesday, Mr. N. Harrison* called to see me and requested me as soon as I had reached the Southern Confederacy to write to you for him, as it is impossible for him to write to you, and beg of you to call on either President Davis or Mr. Memminger and ask of them to send him, Mr. Harrison, as early as possible copies of the letters of marque {p.719} and reprisal given by the Confederate Government to the captains of the privateers Jeff. Davis and Petrel. The prisoners, four in number, of the Jeff. Davis were taken in the Enchantress.

Mr. Harrison is counsel for all the prisoners of the privateers in Philadelphia, forty in number. He requested me to say that he was using every effort for their defense and was very hopeful of success. He also said he had written some weeks since at the request of these prisoners to Mr. James L. Pettigru and Mr. William Grayson, of Charleston, S. C., asking aid for these prisoners, who are sadly in want of clothing and other comforts. He had also sent a letter inclosed with the letters to these gentlemen to Mr. Memminger on the same subject, but had received neither funds nor answer to the letters. Please say to President Davis that these prisoners are much in need of funds to supply them with necessary comforts. Any letters or funds sent to Mr. Harrison must be directed to N. Harrison, No. 202 Washington Square, Philadelphia, Pa., or to New York, but he did not give me his address in New York.

Mr. Harrison also requested me to say that at the solicitation of one of the prisoners, Daniel Mullings, he had written to his brother, Henry Mullings, Charleston, S. C., to ask aid of the people of Charleston. I must beg the favor of you to let me know if you receive this letter as I will feel anxious until I hear. Mr. Harrison requested me to send a copy of this letter to Mr. Grayson.

Respectfully,

VIRGINIA MCNEILL.

Direct to Mrs. Virginia McNeill, Lanier House, Macon, Ga.

* See Harrison to Davis, November 20, p. 143.

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WAR DEPARTMENT, Richmond, September 10, 1861.

His Honor the MAYOR OF RICHMOND.

SIR: Your attention is most respectfully invited to the fact that the escape of several prisoners from the custody of the officers having charge of the C. S. prisons in this city is by them attributed to the existence of numerous shops in the immediate vicinity where intoxicating liquors are sold to the guard. You will render a service to the Government and the country if you will be pleased to exert whatever authority you may possess for the suppression of the evil.

I have the honor to be, very respectfully, your obedient servant,

JOHN TYLER, JR., Major and Acting Chief of Bureau of War.

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HEADQUARTERS OF THE FORCES, Norfolk, September 13, 1861.

Lieut. Col. GEORGE DEAS, Assistant Adjutant-General.

SIR: A flag of truce from Fort Monroe to Craney Island yesterday brought up the following prisoners: W. J. Ellis, P. D. McLaughlin, L. L. Henderson, prisoners released on parole. These men report themselves as part of Colonel Pegram’s command. I have directed them to be passed on to Richmond and report to you. The following persons also came here by this opportunity: Mrs. Eliza M. Keene and daughter from Georgia, Mrs. Benthall. These two ladies had a pass from General Scott to General Wool. Mrs. and Miss Phillips, Mrs. Levy and {p.720} two sons, Mrs. Dennis, sent up by General Wool. A large number of letters, principally from our and to their prisoners were received by me and forwarded through the post-office.

Very respectfully, your obedient servant,

BENJ. HUGER, Brigadier-General, Commanding Forces.

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[SEPTEMBER 14, 1861.-For Lee to Cooper, with inclosures, relating to retaliation for citizens of Virginia supposed to be executed by Union military authorities of Western Virginia, see Volume II, this Series, pp. 1379, 1380.]

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EXECUTIVE DEPARTMENT. Raleigh, September 14, 1861.

His Excellency President DAVIS.

SIR: I have the honor to transmit herewith copies of two communications from Her Britannic Majesty’s consul at Charleston, S. C., on the subject of the detention by the committee of safety of Wilmington, N. C., of the schooner Carrie Sandford at that port. You will perceive that the subject involves, the consideration of grave questions which concern as well the Confederate Government as that of this State. Under all the circumstances, and as I deem it very important that the two governments should be of accord in their decisions of the questions arising in the case, I submit them for the consideration of your Government and desire an early reply with which to furnish the British consul at Charleston. The committee of safety referred to is a self-constituted and unauthorized body of patriotic citizens of Wilmington, sanctioned by the public will of that community, who allege that the Carrie Sandford is not a British vessel but is carrying on an illicit commerce under a false flag, and that she is an American vessel owned at the North and commanded by a Northern master. If she were really a British vessel engaged in lawful trade under the British flag it would seem there could be no objection to her release. The committee of safety at Wilmington was established there by the people for the public security.

I have the honor to be, with high consideration, your obedient servant,

HENRY T. CLARK.

[Inclosure No. 1.]

BRITISH CONSULATE FOR NORTH AND SOUTH CAROLINA, Charleston, August 29, 1861.

Hon. HENRY T. CLARK, Governor, &c.

SIR: I have the honor to call the attention of Your Excellency to the following circumstances and to solicit your prompt action upon them: It appears from a report which has just been made to me by Mr. Vice-Consul McRae that the British schooner Carrie Sandford, Daggett, master, has arrived at Wilmington from Havana in ballast, intending to take freight or purchase a cargo for some foreign port, whichsoever might appear to be the more profitable. Upon attempting to carry out these intentions the master has been informed by the chairman of a self-constituted body calling itself the “safety committee” that he would not be allowed to do so, as the committee in question had passed an ordinance to the effect that no vessel would be permitted to enter {p.721} Wilmington in ballast and carry away a cargo. It is also stated that the commandant of the forts at the mouth of the Cape Fear River would not allow any vessel to pass without the sanction of this safety committee. Such is the case which I beg leave to submit to your consideration. I am quite confident that the intended wrong to a British vessel will be promptly and efficaciously redressed by Your Excellency. It is manifestly impossible that a self-constituted body shall be permitted to assume the functions of regulating foreign commerce which are delegated to the Congress of the Confederate States and it is needless to observe that no law has been passed by that Congress which would be violated with the departure with a cargo of this British vessel. I have therefore to request that orders may be transmitted to Wilmington that the lawful trade of the Carrie Sandford be not interfered with.

I have the honor to be, sir, Your Excellency’s faithful and obedient servant,

ROBERT BUNCH, Her Majesty’s Consul.

[Inclosure No. 2.]

BRITISH CONSULATE FOR NORTH AND SOUTH CAROLINA, Charleston. September 11, 1861.

Hon. HENRY T. CLARK, Governor, &c.

SIR: I did myself the honor to address Your Excellency on the 29th ultimo with reference to the alleged refusal on the part of a so-called committee of safety at Wilmington of permission of a British vessel, the schooner Carrie Sandford, to take in a cargo and proceed to a neutral port. In my letter I pointed out the extreme irregularity of the proceedings of this committee and requested you interpose your authority without delay that the vessel should suffer no wrong at the hands of citizens of North Carolina. A fortnight has elapsed without any reply from Your Excellency, and as time is of the greatest consequence to the interest involved in this question I take leave to call your attention to it and to solicit your speedy action upon it. Other British vessels have as I am informed arrived at Wilmington since the Carrie Sandford, and it is absolutely necessary that I should be informed of the course which Your Excellency intends to adopt. If you propose to sanction the proceedings of the self constituted authorities of Wilmington I should at least wish to be acquainted with the fact. If as I cannot doubt you shall see fit to reprobate them it is only fair that the masters of the vessels should not be unnecessarily delayed. The blockade of the port of Wilmington is and has been totally ineffective from its commencement. Of this the best proof is furnished by the numerous arrivals and departures of vessels. It can surely not be in the interests of North Carolina to put in the way of neutral trade those obstacles which the Government of the United States fails to create. Besides which North Carolina has not the right to do that. She can only carry out such a pretension by incurring a heavy responsibility toward those with whose lawful commerce she interferes. Your Excellency is doubtless aware that the Congress of the Confederate States has opened all the ports along the coast to neutral vessels, thus inviting the very trade which the citizens of Wilmington seem disposed to reject.

I have the honor to be, sir, Your Excellency’s obedient, humble Servant,

ROBERT BUNCH, Consul.

{p.722}

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HEADQUARTERS FORCES AT STAUNTON, VA., September 14, 1861.

Hon. L. P. WALKER, Secretary of War.

SIR: By order of General Loring four prisoners of war were sent to this post to be placed in the Staunton jail. Upon inquiry I found the jail so munch crowded with prisoners of war and others as to make it advisable especially in view of our limited ground not to add to their number. I therefore found it in my opinion best to take the responsibility of sending them on to Richmond to be disposed of under your own order, and to that end have this day sent them under charge of Captain Otey, who has two artillery companies started thence through Richmond to Yorktown under orders.

Hoping that my disposition of them may meet with your approbation,

I remain, with much consideration, your obedient servant,

M. G. HARMAN, Major, Commanding.

Captain Otey will hand you or send to your office the names and descriptions of the prisoners.

M. G. H.

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WILLIAMSTON, N. C., September 15, 1861.

Hon. J. P. BENJAMIN, Attorney-General, Richmond, Va.

DEAR SIR: In that sad affair, the fall of Hatteras on 29th ultimo, a son of mine, Lieut. William Biggs, not quite nineteen years of age, was taken prisoner, and you will I am sure fully appreciate the feeling that urges me to request that the administration will seek every proper opportunity to press an exchange of prisoners. The prisoners taken at Hatteras and now confined as we hear at Governor’s Island, N. Y., were composed of the very best of our population in this section of the State. Now that the enemy acknowledges us as a belligerent I can see no plausible reason for a delay of an exchange of prisoners. I do not know but this request may imply a doubt of the solicitude of the administration on the subject, but I assure you I feel no doubt but what you will do all you can to relieve our people, and I hope you will pardon the intrusion of this letter and excuse it in consequence of the deep solicitude we feel on the subject.

I have the honor to be, very respectfully, your obedient servant,

ASA BIGGS.

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WAR DEPARTMENT, Richmond, September 17, 1861.

W. H. S. TAYLOR, Esq., Second Auditor.

SIR: I acknowledge the receipt of the letter* of Hon. Lewis Cruger to you of September 17, referred by you to this Department, in relation to the claim of the deputy marshal of the District of Florida for the expenses of prisoners captured by privateers, &c. It is the opinion of this Department that that claim, if sustained by fact and accompanied by proper vouchers, of which you will judge, ought to be allowed and referred for payment to the Department of Justice. The eighth section of the act of 6th of May, 1861 (No. 106), provides that prisoners of war taken on board any captured vessel, &c., shall be delivered into the {p.723} custody of the marshal of the district, &c., who shall take charge of their safe-keeping and support at the expense of the Confederate States. On the 12th of July the undersigned as Attorney-General issued a circular of instruction to marshals in relation to prisoners of war and persons captured at sea, in the sixth section of which it is declared that-

The expense of maintaining and transporting captives taken at sea in accordance with these instructions (referred to) will be paid by this Department (viz, Department of Justice) on the rendition of proper vouchers, &c.

These instructions, of which copy is inclosed, were approved by the President and are therefore the law for your guidance in this case.

Very respectfully,

J. P. BENJAMIN, Acting Secretary of War.

* Not found.

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ADJUTANT AND INSPECTOR GENERAL’S OFFICE, Richmond, September 17, 1861.

General BENJAMIN HUGER, Commanding, Norfolk, Va.

SIR: I am instructed to state in reply to your inquiry of the 14th instant that the prepayment of letters from Lincolnite prisoners is unnecessary as this responsibility will rest upon the authorities at Fort Monroe. With regard to Southern prisoners our postage law approved July 29, 1861, appears to cover the case. That law provides that-

Letters ... transmitted through the mails written or sent by any officer, musician or private of the Army engaged in the actual service of the Confederate States may be transmitted through the mails to any other place in the Confederate States without prepayment of postage, but leaving such postage to be collected upon delivery, &c.

This law also contains a proviso requiring all letters so sent to be indorsed with the name, and that they shall be on account of the individual sending them. Such indorsements must also contain a description of the party sending the same by stating his military title if an officer, or if a private or musician, his company and regiment. The letters you have received are probably unsealed and the requirements of this proviso may be supplied under your direction.

Very respectfully, your obedient servant,

R. H. CHILTON, Assistant Adjutant-General.

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SPECIAL ORDERS, No. 157.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, September 19, 1861.

...

IV. Second Lieut. T. T. Grayson, C. S. Infantry, will report for duty to General J. H. Winder for the purpose of accompanying a detachment of prisoners from this city to New Orleans, La.

...

By command of the Secretary of War:

JNO. WITHERS, Assistant Adjutant-General.

{p.724}

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WAR DEPARTMENT, Richmond, September 21, 1861.

Hon. ASA BIGGS, Williamston, N. C.

SIR: I am directed by the Secretary of War to say in reply to your letter of the 15th instant that the Government has in vain exhausted all means compatible with its self-respect to effect an exchange of prisoners. He sincerely regrets that such is the fact and fully appreciates the feelings of a father which prompted the appeal in behalf of your son.

Respectfully,

A. T. BLEDSOE, Chief of Bureau of War.

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WAR DEPARTMENT, Richmond, September 24, 1861.

Capt. S. C. FAULKNER, Military Storekeeper, Little Rock, Ark.

SIR: I am directed by the Secretary of War to say, in reply to your letter of the 12th instant, that instructions have already been sent you by the Ordnance Bureau to take charge of the arsenal and $10,000 to pay for necessary labor. As to the prisoners can you not procure a comfortable room in the county jail or some other place in which to confine them?

Respectfully,

A. T. BLEDSOE, Chief of Bureau of War.

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RICHMOND, September 24, 1861.

General J. G. MARTIN, Adjutant-General North Carolina Troops, Raleigh.

SIR: In answer to your inquiry of the 19th instant you are respectfully informed that the Government has as yet made no provision for clothing to prisoners of war or for money allowance to them. Your letter has been submitted to the Secretary of War.

Very respectfully, &c.,

R. H. CHILTON, Assistant Adjutant-General.

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GENERAL HOSPITAL, Charlottesville, September 30, 1861.

At the request of Col. A. M. Wood, of the Fourteenth Regiment of New York State Militia, who was severely wounded and taken prisoner at the battle of Manassas, I certify that his wound was of such a character that though it is now healed it will yet unfit him for active service as a soldier for many months, a minie ball having passed through the pelvis in close proximity to the rectum and bladder. It is doubtful whether he will be able to mount a horse for a year or longer.

J. L. CABELL, Surgeon, Provisional Army, C. S.

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RICHMOND, VA., October 2, 1861.

Hon. J. P. BENJAMIN, [Acting] Secretary of War.

SIR: Stretched on a bed of pain I have neglected to report my escape and return. Having with Col. R. Thomas Zarvona* captured {p.725} the Saint Nicholas I again accompanied him on a second expedition. I was captured by Governor Hicks and the Dorchester Guards at Cambridge, Md., confined with Colonel Z. in Fort McHenry about seventy days, when I effected an escape. Springing from the ramparts I sprained my ankle. I am nearly convalescent. When fit for duty I will report in person.

I am, respectfully, your obedient servant,

G. W. ALEXANDER, First Lieutenant, Provisional Army, C. S.

* See Vol. II, this Series, p. 379 et seq. for case of Zarvona.

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WAR DEPARTMENT, Richmond, October 4, 1861.

Lieut. G. W. ALEXANDER, Richmond, Va.

SIR: In reply to your letter of the 2d instant I am directed by the Secretary of War to say that he is happy to hear of your escape from Fort McHenry and trusts you will soon recover from the injury received in leaping from the wall.

Respectfully,

A. T. BLEDSOE, Chief of Bureau of War.

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BOWLING GREEN, Ky., October 4, 1861.

Hon. W. L. UNDERWOOD.

SIR: I write this note at the instance of Governor J. L. Helm, who tells me that you desire an assurance that your civil rights and personal liberty shall be guaranteed from any interference of troops under my command. Such a guaranty is not necessary, because I have heretofore had the pleasure of assuring you that you should suffer no molestation from the troops under my command and because it is not the policy of the Confederate Government to imitate the acts of inhumanity so uniformly practiced by the authorities of the United States Government. Since, however, you desire some further assurance I now have the pleasure of saying to you that as far as my authority can be exercised you will be protected by the Confederate forces in all the rights of any other freeman as long as you choose to remain at home on terms analogous to those on which Governor Helm is permitted to return to his home.

I am, sir, very respectfully, your obedient servant,

S. B. BUCKNER, Brigadier-General, Commanding.

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QUARTERMASTER-GENERAL’S DEPARTMENT, Richmond, Va., October 4, 1861.

Hon. J. P. BENJAMIN, Acting Secretary of War.

SIR: In reply to the letter of General Winder of 3d instant to you and sent to me by you for report I have to say that materials can be furnished for comforts at less than the current price of blankets. I respectfully suggest that the superintendent of the prison be authorized to receive the materials and that the prisoners be required to make comforts for themselves.

Your obedient servant,

A. C. MYERS, Quartermaster-General.

{p.726}

[Indorsement.]

Order that prisoners be supplied with comforts ready made and not required to make for themselves.

J. P. B.

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NORFOLK, VA., October 5, 1861.

General S. COOPER, Adjutant and Inspector General:

Colonel Wright, from Roanoke Island, reports that on the 1st October he and Captain Lynch with three steamers and 150 men, Third Georgia Regiment, fell in with and captured the Lincoln steamer Fanny, 2 officers and 48 men, loaded with quartermaster’s and commissary stores and ammunition. What disposition shall I make of the prisoners?

BENJ. HUGER, Brigadier-General.

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GREEN SPRING DEPOT, October 5, 1861.

Mrs. CRAIGEN.

MADAM: The treachery of your husband to his native State has caused all his real and personal estate to be forfeited and none of either now within Virginia can ever be claimed by him. What was of perishable nature and convenient to remove has this morning been taken away for the use of the Confederate States under a law passed by that Government which it was my duty to execute. Respect for your sex, madam, prevents me from putting you to the inconvenience of being suddenly deprived of your household goods, but it is my duty to notify you that you must immediately quit the land which now belongs to the Confederate States. If you fail at once to avail yourself of timely observance of this notice it will be my duty to enforce the laws against you and your family as soon as my other duties will give me leisure so to do. As it would be painful to me to deal harshly even under the mandate of the law with a lady and her children I hope you will at once respect this notice.

Respectfully, madam, your obedient servant,

ANGUS W. MCDONALD, Colonel, C. S. Army, Commanding, &c.

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RICHMOND, VA., October 6, 1861.

General B. HUGER, Norfolk:

If you have any means of providing for the prisoners taken by Captain Lynch you are desired to do so. We are too much crowded here already.

S. COOPER, Adjutant and Inspector General.

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HEADQUARTERS, Romney, Va., October 6, 1861.

Messrs. THRASHER, EASTMAN AND OTHER CITIZENS OF OLD TOWN:

The temper and policy of the State of Virginia and of the troops within her borders has heretofore been to forbear from hostile invasion of the soil of Maryland. As the commandant of the C. S. forces at this point I have endeavored faithfully to square my conduct with this policy. In one instance have the forces under my command seized a {p.727} citizen of Maryland upon Maryland soil. This was done under an impression (which subsequent events have tended to show was erroneous) that he was the leader of a company banded together for purposes hostile to the State of Virginia. With this exception I have regarded the soil of Maryland as sacred and shall so continue unless the action of her own citizens or of those whom she tolerates within her own limits should reluctantly impel me to a different course. It is a notorious fact upon this border that the loyal son of a loyal and good citizen has been brutally shot and murdered by a band of ruffians led by the outlaw and traitor, Jacob Israel Craigen, upon Virginia soil, and while engaged peacefully upon his own farm; that this same gang attacked ten of my own command, killing one, wounding another, jeopardizing the lives of the others and of the citizens of Springfield and carrying off all of their horses; that these things were done while they were bringing some salt from Green Spring Depot to this place. The safety of our own citizens from further outrages requires that these acts should be followed by the punishment which their authors so richly deserve.

The property of Craigen, the chief of the band and as a traitor to the Commonwealth, by our laws has been confiscated. As an officer I have felt it my duty to assist in the execution of a law made for the protection of our citizens by taking possession of his property. This has been the authority for the act. If Craigen shows himself not a traitor his property (an inventory of which has been carefully taken) will be returned to him. I now repeat that, representing the policy of Virginia and of the Confederate States, my purpose toward Maryland is peaceful. I shall be exceedingly pained and reluctant to continue a system of border and retaliatory warfare commenced by armed bands issuing from the Maryland shore in raids upon ours. Let us alone and we will let you alone, but if these acts of which I complain shall be repeated my duty requires that I shall do what is in my power for the protection of our citizens, and if with this end in view it should be required of me to enter with my command upon the soil of Maryland I shall not hesitate to do so and retaliate in such manner as I may think will best promote the peace and safety of those whom I am bound to protect, even to the destruction of a shelter in which they may be gathered and quartered.

Very respectfully,

ANGUS W. MCDONALD, Colonel, Commanding Brigade at Romney.

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WAR DEPARTMENT, Richmond, October 7, 1861.

Lieut. Col. A. C. MYERS, Quartermaster-General.

SIR: The Secretary of War directs that the prisoners of war be supplied with comforts already made up and that they be not required to make them for themselves.

Respectfully,

A. T. BLEDSOE, Chief of Bureau of War.

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WAR DEPARTMENT, Richmond, October 8, 1861.

Brig. Gen. B. HUGER, Commanding at Norfolk, Ira.

SIR: Your letter of the 5th instant announcing the capture of the Federal steamer Fanny has been referred to the secretary of War, who {p.728} directs me to acknowledge its receipt and to inform you that the prisoners captured may be sent to Richmond if you cannot keep them conveniently in Norfolk.

Respectfully,

A. T. BLEDSOE, Chief of Bureau of War.

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CHARLOTTESVILLE, October 8, 1861.

Hon. J. P. BENJAMIN, [Acting] Secretary of War.

DEAR SIR: I most respectfully petition to be paroled home. I have been for several years colonel of the Fourteenth Regiment New York State Militia and as such was compelled to accompany it to the city of Washington or suffer in my reputation as a man of courage. I preferred the former and led the regiment not only to Washington but to the field of Manassas, where I was wounded and taken prisoner.

While in the Confederate camp and at this place I have learned what I did not believe before that the people of the South were united and that the war will have to be a war of subjugation (if that were possible), and as such I am opposed to its continuance, and would labor for a peaceful settlement and an early recognition of the Confederate States as belligerents.

I am, with sentiments of respect, yours truly,

A. M. WOOD, Colonel Fourteenth Regiment New York State Militia.

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UNIVERSITY OF VIRGINIA, October 9, 1861.

MY DEAR SIR: I understand that Colonel Wood, the Federal prisoner whom you saw on the occasion of your last visit to your family, will petition the Secretary of War for his release on parole with permission to return to his home.

I have a strong impression that it would be good policy to grant his petition, as I believe him to be fully satisfied that the attempt on the part of his section to subjugate the South is both unrighteous and impracticable. There is also reason to believe, as is expressly alleged by apparently competent witnesses, that Colonel Wood is a man of considerable political influence with a party already somewhat disposed to utter a protest against the continuance of the unholy war.

It does not, however, become me to urge these considerations upon the attention of the authorities in the War Department. My object is simply to bear testimony to the fact that Colonel Wood, after a sojourn among us of two months, has made the most favorable impression among all who have seen him and has convinced us that he is not only sincerely grateful for the kindness shown him in the period of his bodily suffering but that he will remain in future a constant friend to the South.

I am, most respectfully and truly, yours,

J. L. CABELL.

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HEADQUARTERS DEPARTMENT OF NORFOLK, October 14, 1861.

General S. COOPER, Adjutant and Inspector General.

SIR: I inclose* herewith a letter dated 10th instant received from Flag Officer L. M. Goldsborough. I observe he states “he has no {p.729} specific authority on the subject of exchanging prisoners.” As I have none I send you his letter for such information as it may give.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

* Omitted here; Goldsborough to Huger, October 10, p. 50.

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WYTHE COUNTY, VA., October 14, 1861.

Hon. JEFFERSON DAVIS.

DEAR SIR: I take the privilege of addressing a few lines to you. Although a private soldier in the Army of the Confederate States and of Floyd’s brigade I have had the misfortune of falling into the hands of the Union men and Yankees of Western Virginia. On the 4th day of October, near our lines in Greenbrier County, Va., I was taken while out in search of something to eat and was taken near Raleigh, and there I had the privilege of getting away by swearing that I would not take up arms against the Northern Army, and also the privilege of coming home if I would take the oath that I would not go to the Army any more and would come straight home. I being a man of family thought it was the best to get off and come to them than to stay with the Yankees till this war is over, so I came home without any pass from my officers but with one from my captors and the oath that I took also; but the people here are divided as to the rights of my taking that oath and some would take me up while others would not. I determined to write to you and get a discharge if I have the right to swear out of prison, and if not I hope you will write to me as soon as this comes to hand and let me know what I must do, as I consider my oath binding. I will stay at home till I hear from you. I was one of the first to join Floyd’s army and would have been one of the last to have left had not I had bad luck. I have not written to him, as I thought you had the right to make me fight or discharge me. My present necessity caused me to write to you, otherwise I would not have done it. Direct to Max Meadows, Wythe County, and write as soon as this comes to hand.

So nothing more, but remain,

Your obedient servant,

ISAAC N. REESE.

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NORFOLK, October 15, 1861.

General S. COOPER:

I reported on the 10th instant the arrival of seventy-three prisoners from Roanoke Island. I recommended the privates be released on parole. No answer has been received. If none comes to-morrow I will forward them to Richmond next day, Thursday, 17th instant.

BENJ. HUGER, Major. General.

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WAR DEPARTMENT, Richmond, October 16, 1861.

Maj. Gen. B. HUGER, Norfolk, Va.

SIR: Your letter of the 14th-instant with its inclosure has been submitted to me by the Adjutant-General. In reply I have to say that this Government has on all occasions been ready to exchange prisoners on fair terms according to the usages of civilized nations and that it {p.730} welcomes any proposition to mitigate the horrors of war that is compatible with its own dignity. You are therefore instructed so to inform Flag-Officer Goldsborough, and further to say to him that his proposal for an exchange of Lieutenant Sharp for Lieutenant Worden is accepted. Upon your informing me of the terms of your cartel for the exchange I will order Lieutenant Worden to be transferred to your custody at the time agreed upon for the exchange.

Your obedient servant,

J. P. BENJAMIN, Acting Secretary of War.

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RICHMOND, VA., October 16, 1861.

Maj. Gen. B. HUGER, Norfolk:

Send the prisoners here; parole not authorized.

S. COOPER, Adjutant and Inspector General.

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RICHMOND, October 23, 1861.

Governor MOORE, Montgomery, Ala.:

Can you procure for us some large and safe building in the interior of your State where we could hold securely a few hundred prisoners? The number in Richmond is inconveniently large. We will pay a fair rent for the property.

J. P. BENJAMIN, Acting Secretary of War.

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RICHMOND, October 23, 1861.

Governor JOSEPH E. BROWN, Atlanta, Ga.:

Can you find me some secure place in your State where I could hold safely a few hundred prisoners? Will pay a fair rent for the property.

J. P. BENJAMIN, Acting Secretary of War.

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MILLEDGEVILLE, October 23, 1861.

Hon. J. P. BENJAMIN, [Acting] Secretary of War:

Your dispatch to Atlanta just received. Headquarters here now. Have no safe place here to keep prisoners. Will inquire and inform you if I can get a place in the State.

JOS. E. BROWN.

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RICHMOND, October 23, 1861.

Governor F. W. PICKENS, Columbia, S. C.:

I have no news of any arrival of arms and know nothing on the subject. Can you not procure me some safe place in the interior of your State where I could hold a few hundred prisoners safely? Will pay a fair rent.

J. P. BENJAMIN, Acting Secretary of War.

{p.731}

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CHARLESTON, October 24, 1861.

C. G. MEMMINGER, Esq.

MY DEAR SIR: I have been requested to do what I am sure is hardly necessary, and that is to recommend to your attention B. F. Evans in case there is any exchange of prisoners. He has great claims on the Government as a useful and enterprising citizen, and one who has adventured a good deal for the public service. I am gratified to find bow general and strong is the popular confidence in the Government and its administration, notwithstanding the fault-finding of certain correspondents and newspapers. You may depend upon it the heart of our people is all right in that regard.

Very truly, yours,

W. D. PORTER.

[Indorsement.]

This letter is from the President of our Senate, a gentleman well acquainted with public opinion.

[C. G. MEMMINGER,] Secretary of the Treasury.

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EXECUTIVE DEPARTMENT, Milledgeville, Ga., October 24, 1861.

Hon. J. P. BENJAMIN, Acting Secretary of War, Richmond, Va.

SIR: When His Excellency received your telegram the other day in reference to obtaining a suitable place to confine or keep 200 or 300 Federal prisoners in this State Capt. T. W. Brantley (a copy of whose letter I herewith send you) was in this office, and I now send you by direction of His Excellency the copy of his letter that you may correspond with the parties named by him on the subject.

Very respectfully, your obedient servant,

H. H. WATERS, Sec. Ex. Department.

[Inclosure.]

MACON, GA., October 24, 1861.

His Excellency JOSEPH E. BROWN.

SIR: I made inquiries to-day concerning a secure place for the confinement or retention of prisoners. I found one place large enough for the accommodation of 200, and it is the only one that can be procured in this place I think. For particulars more minute apply to Messrs. Adams & Reynolds, of this city. I leave for Camp Harrison to-night.

Your humble servant,

T. W. BRANTLEY.

P. S.-The place referred to is at present occupied by Davis Smith as a negro mart.

T. W. B.

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MONTGOMERY, ALA., October 25, 1861.

J. P. BENJAMIN, [Acting] Secretary of War:

On inquiry have not been able to find a building suitable for the prisoners. Will continue my inquiries and should I find any which will answer shall advise you.

A. B. MOORE.

{p.732}

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RICHMOND, October 25, 1861.

Governor A. B. MOORE, Montgomery, Ala.:

Your dispatch received. I am told you have at Tuscaloosa, the former capital, not only legislative buildings but an insane asylum and a military institute-all unoccupied. We are greatly embarrassed by our prisoners, as all accommodations here are required for our sick and wounded. It would be a great public service if you can find a place for some if not all of our prisoners. We have now over 2,000 here.

J. P. BENJAMIN, Acting Secretary of War.

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EXECUTIVE DEPARTMENT, Raleigh, N. C., October 25, 1861.

Hon. J. P. BENJAMIN, Acting Secretary of War.

SIR: I had the honor of some correspondence with your predecessor, the Hon. L. P. Walker, about the purchase of a prison depot in this State. The site selected was a factory house and grounds in the suburbs of Salisbury which the proprietors agreed to sell to the Government for $15,000, payable in Confederate bonds. There was some difficulty about the immediate possession of one of the houses. A high plank inclosure will have to be erected around it and some preparation for the guards or servants which may cost some $2,000 or $3,000 more, and will then I suppose provide for 400 or 500 prisoners, but outside of the factory houses accommodation could be made for as many more, depending upon the extent of ground inclosed and the height and security of the inclosure (the ground is estimated at seven acres). The amount of land privilege (seven acres) Would enable you to make the most extensive accommodations.

I had no State troops to appropriate for a guard and no provision was made to enable me to keep up such an establishment, and upon notifying Mr. Walker of it the further negotiation of it ceased. The increase of your prisoners of war may render a renewal of this negotiation desirable. If so I tender you my assistance or refer you immediately to Col. William Johnston, of Charlotte, who conducted the negotiation before.

I have some forty prisoners here that were sent me by your predecessor who gave me no notice whatever until they were brought here and no further preparation has been made for them than guarding them in the Fair Grounds, which requires all the time of a full company of volunteers to be detailed for that duty and they have been fed and clothed. If there is no prospect of their exchange or discharge by parole I must ask for some winter quarters for them.

Very respectfully,

HENRY T. CLARK.

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RICHMOND, October 25, 1861.

Hon. J. P. BENJAMIN, Acting Secretary of War.

DEAR SIR: I had this morning a personal interview with His Excellency President Davis in relation to the discharge home of Colonel Wood with whose position and views you have been made acquainted. The President referred me to you on the subject. At what time to-morrow will it be agreeable to you to see me at your Department? I refer you to Hon. James Lyons, Mr. Bledsoe or any prominent citizen as to myself.

{p.733}

From my knowledge of the views, sentiments and feelings of Colonel Wood I am assured in my own judgment that it will be sound state policy to send him home, where he will be an efficient advocate in detail management for the speedy recognition of the independence of the Confederate States. Of his determination and ability to do this I am thoroughly convinced. It may be proper for me to assure you that I am not in this matter acting either as the personal friend or a retained counsel of Colonel Wood, but purely from my convictions of what will benefit our cause at home and in the North.

Respectfully,

J. H. GILMER.

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COLUMBIA, S. C., October 26, 1861.

Hon. Mr. BENJAMIN, [Acting] Secretary of War:

The mayor of this city informs me we can take not more than 200 prisoners in the city jail, and after we remove two regiments from here to the seacoast in a few days 200 of the better class can be accommodated at the fair grounds provided a sufficient guard be stationed. Of course you will inform me in advance so the jailer can provide rations for them. Let me know. Please do not forget the furloughs promised our members of the Legislature by the President.

F. W. PICKENS.

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RICHMOND, VA., October 26, 1861.

Governor F. W. PICKENS, Columbia, S. C.:

Very glad you can help us so much with our prisoners. Please send me the name of some good person to appoint as commissary to supply rations to the prisoners. You are also authorized to enlist into our service a company of volunteers not exceeding eighty men for special service as guard for the prisoners under the act to provide for local defense and special service, at page 31 of Laws of Third Session. I beg you to see that the company elect good and steady men for officers. I will send 200 men on Monday or Tuesday and the remainder to be held at the Fair Grounds as soon as you give me notice. General orders have been issued to give furloughs to members of Legislature.

J. P. BENJAMIN, Acting Secretary of War.

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WAR DEPARTMENT, Richmond, October 27, 1861.

His Excellency HENRY T. CLARK, Governor of North Carolina.

SIR: I have the honor to acknowledge receipt of your favor of 25th instant, which greatly relieves this Department from serious embarrassment in relation to prisoners. I inclose you a letter for Col. William Johnston, of Charlotte, containing my instructions to him. As soon as you are assured that Colonel Johnston has purchased the property I beg you will enlist a company of from 80 to 100 volunteers under the act of Congress, No. 229, of third session, “to provide for local defense and special service,” for special service as a guard for the prisoners. I will when I send the prisoners have them under guard till they are delivered up to the special-service guard and will send with them an assistant commissary in order to furnish supplies, and will thus relieve {p.734} you of all care of the prisoners now at the Fair Grounds who will be removed to Salisbury with the others. I am much indebted for the interest you have taken in the matter and will thank you for any further suggestions that may occur to you on the subject.

Your obedient servant,

J. P. BENJAMIN, Acting Secretary of War.

[Inclosure.]

WAR DEPARTMENT, Richmond, October 27. 1861.

Col. WILLIAM JOHNSTON, Charlotte, N. C.

SIR: The Governor of North Carolina assures me you will be good enough to serve the Government in relation to the purchase of the property at Salisbury recommended as suitable for holding our prisoners of war. I therefore take the liberty of sending you the following instructions:

First. Purchase the factory with its grounds, stated to be about seven acres, for the price of $15,000 proposed, payable in Confederate bonds, first assuring yourself that the titles are indisputable.

Second. Arrange by contract at once for putting the buildings into condition for receiving as many prisoners as can fairly be lodged in it, as well as for reasonable winter quarters for a company of 80 or 100 men to be enlisted as a special guard.

Third. Inform me by telegraph the instant you complete the purchase and I will send an officer of the Government to examine and report what further inclosures, buildings, &c., can be advantageously erected, with the view if possible of making the depot sufficient for the reception of some 2,000 prisoners.

Please answer if you will do this service for the Government and oblige,

Your obedient servant,

J. P. BENJAMIN, Acting Secretary of War.

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COLUMBIA, S. C., October 27, 1861.

Hon. Mr. BENJAMIN, [Acting] Secretary of War:

On looking at the jail I think 150 prisoners as many as ought to be in it for the present. There are two rooms that could be used for four officers. I therefore hope you may not send more at present.

F. W. PICKENS.

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RICHMOND, VA., October 28, 1861.

Maj. J. L. CALHOUN, Montgomery, Ala.

SIR: See Governor Moore and arrange for having the accommodations for prisoners at Tuscaloosa he telegraphed* the Secretary of War about. Secure at the same time quarters for 80 or 100 men as guard to the prisoners. Telegraph me the moment you have all things ready so that the prisoners may be sent off from here to Tuscaloosa.

A. C. MYERS, Acting Quartermaster-General.

* Not found.

{p.735}

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HEADQUARTERS DEPARTMENT OF NORFOLK, October 28, 1861.

General S. COOPER, Adjutant and inspector General, Richmond, Va.

SIR: I inclose a copy of a letter received from Commodore Forrest and beg you to lay it before the Secretary of War that he may if he pleases give me instructions what to do with such persons. There will be many of them here. I will not let these men go by a flag of truce, and General Wool saves me the trouble of prohibiting them at present by refusing to receive a flag. The law of Congress and the proclamation of the President gave a certain time for all who desire to do so to leave; that time has elapsed. Who is to determine who are our enemies amongst us, and who is to arrest them and how are they to be punished? My time is fully occupied attending to our enemies elsewhere, and I see no one who has or takes any authority to carry out the law above referred to.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

[Indorsement.]

OCTOBER 30 1861.

Respectfully submitted to Secretary of War.

S. COOPER, Adjutant and Inspector General.

Answer that as whereas enemies have had ample time to leave we now put them all in prison as prisoners of war and to send the men here as such. Write to same effect to passport clerk. Show me the letters.

J. P. B.

[Inclosure.]

FLAG-OFFICER’S OFFICE, DOCK YARD, Gosport, Va., October 26, 1861.

Major-General HUGER, Commanding Forces, Norfolk.

SIR: I herewith send you the names of some of the men desiring to leave this place for the North, and who have been employed in this yard since April 21, 1861, with rates of pay, &c., and respectfully recommend that they be prohibited from leaving by the next flag of truce:

James Hayes, laborer, $1.25; John Fletcher, carpenter, $2.50; Medad Rodgers, carpenter, $2.50; William Stewart, caulker, $2.50; John Bourke, laborer, $1.25; Daniel O’Brien, laborer, $1.25; Francis Martin, laborer, $1.25; Owen Riley, laborer, $1.25; Michael Badger, laborer, $1.25; John Guildray, laborer, $1.25; John Riley, laborer, *1.25; Joseph Maskell, laborer, $1.25; Jesse Browne, laborer, $1.25; John Smith, laborer, $1.25; Charles Moody, boiler maker, $2.25; George Bailey, caulker, $2.50; George Butt, carpenter, $2.50; John Harris, laborer, $1.25; John Flemming, laborer, $1.25; Terence Butler, f. sols., $1.50; William Free, laborer, $1.25; William Coleman, blacksmith; $2.50; James Ross, laborer, $1.25; Vincent Palen, joiner, $2; Richard Johnson, laborer, $1.25; Patrick Henry, laborer, $1.25; Philip Bly, laborer, $1.25.

I am, sir, respectfully, your obedient servant,

F. FORREST, Flag-Officer, &c.

P. S.-I would also say that a man named Edgar on your published list is a notorious character, adverse to Southern interests, and holds Black Republican meetings at his house.

F. F.

{p.736}

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COLUMBIA, November 1, 1861.

Hon. Mr. BENJAMIN, [Acting] Secretary of War:

I telegraphed at your request the name of Jerome M. Miller as commissary for prisoners and guard and Doctor Boatwright as surgeon. I have never received a reply. Please let me know, as they wait.

F. W. PICKENS.

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EXECUTIVE DEPARTMENT, Raleigh, N. C., November 2, 1861.

Hon. J. P. BENJAMIN, Acting Secretary of War, &c.

SIR: I inclose herewith a communication from Colonel Johnston from which it will be seen that the property at Salisbury has been purchased for the Confederate Government. You can at once send on an agent with the purchase money, take charge of the property and begin to put [it] in condition for the reception of prisoners.

I have the honor to be, respectfully, &c.,

HENRY T. CLARK.

[Inclosure.]

RALEIGH, November 2, 1861.

Hon. J. P. BENJAMIN, Acting Secretary of War.

DEAR SIR: On yesterday I received through the Governor of this State your communication in relation to the purchase of the Chambers Factory property in the town of Salisbury. I have just had an interview with the proprietors of the property, and the contract for the purchase is made upon the terms mentioned in your letter, viz, $15,000, payable in Confederate bonds. The parties are now preparing the deed, but as Davidson College is a joint owner of one-third of the property the seal cannot be affixed before Thursday next for its final execution. The Government is, however, invited to take immediate possession of the property and make such repairs as may be necessary for the reception of the prisoners. It might be satisfactory to the owners to send the bonds with the agent sent to Salisbury to make the repairs to whom the deed can be delivered. In the meantime such engagements as you advise will be made for material for inclosing the ground. D. A. Davis, esq., cashier of the Bank of Cape Fear, at Salisbury, and agent of Davidson College, has kindly offered to render any assistance to the Government or its agent in the premises. He is a good business min and entirely reliable and rarely absent from the town. I mention this for the convenience of the Government, as my residence is Charlotte, forty miles southwest of Salisbury. Shall be pleased to serve the Government further in any matter.

I am, with high regard, your obedient servant,

WM. JOHNSTON.

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CHARLOTTESVILLE, November 2, 1861.

Colonel MEMMINGER, Secretary, &c.

DEAR SIR: I heard some time since the Government was negotiating for the factory buildings at Salisbury with the view of keeping prisoners, but from some cause was broken off. From what I hear from a gentleman at Salisbury the property may be bought for $12,500 and securely inclosed so as to cost less than $15,000. If so the Government {p.737} would do well to purchase as I am certain the expenses there would be 25 per cent. less than at Richmond, Raleigh or Columbia. If the Government should feel disposed to purchase I would suggest the appointment of Col. William Johnston, of this place, as our agent to make the arrangements. He is very much a man of business. He is president of the Charlotte and Columbia road. I doubt not if the Government should conclude to engage his services and he would undertake them they would find him faithful. I find our people more disposed to subscribe in money than in produce. Our farmers make only cotton and tobacco. Would I be justifiable in taking subscriptions, payable when produce is sold, from responsible persons? Shall be here for ten days at court.

Very respectfully,

R. M. SAUNDERS.

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RICHMOND, November 2, 1861.

Governor F. W. PICKENS, Columbia, S. C.

I find on examination that the law requires the Quartermaster’s Department to take charge of prisoners. I have appointed J. S. Coles a captain in Quartermaster’s Department and posted him at Columbia, and have appointed J. H. Boatwright assistant surgeon. When can I send the remaining prisoners who are to occupy the Fair Grounds?

J. P. BENJAMIN, Acting Secretary of War.

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COLUMBIA, S. C., November 3, 1861.

Hon. Mr. BENJAMIN, [Acting] Secretary of War:

Prisoners at Fair Grounds would require too many men to guard them, unless they are officers to be trusted, but I send to three neighboring villages with good jails to get them to take them. Will let you know if they do.

F. W. PICKENS.

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RICHMOND November 4, 1861.

Governor F. W. PICKENS, Columbia, S. C.:

The law does not permit the appointment of a commissary for prisoners of war, and I cannot appoint two officers to do duty at Columbia when one alone will suffice. My first dispatch to you was written under the impression that the law committed the charge of providing sustenance for prisoners of war to the Commissary Department, but I discovered my error before making the appointment.

J. P. BENJAMIN, Acting Secretary of War.

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RICHMOND, November 4, 1861.

Governor H. T. CLARK, Raleigh, N. C.:

Your letter with inclosure of Colonel Johnston received. Much obliged for the trouble taken about the property at Salisbury. Will send an officer with the price who will take charge of the property. How many prisoners could be sent immediately with safety? Please answer.

J. P. BENJAMIN, Acting Secretary of War.

{p.738}

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EXECUTIVE DEPARTMENT, Raleigh, N. C., November 4, 1861.

Hon. J. P. BENJAMIN, Acting Secretary of War.

SIR: I have the honor to inform you that in pursuance of your directions Col. William Johnston has contracted for the purchase of the factory near Salisbury for a prison depot, and you may forthwith close the contract by sending on the purchase money, with the necessary directions for its immediate preparation for the purposes you intended.

D. A. Davis, esq. (now cashier of the Salisbury Bank), would be a suitable person to act as temporary agent in buying lumber, putting up palings and repairing generally. A commissary is immediately wanted, for provisions are scarce, and a temporary guard must be supplied till I can enlist one or more companies under the law for “local defense and special,” as you direct. I may find some difficulty as the guarding of prisoners is an unpopular service.

The recent gale struck the enemy’s fleet off Cape Fear and the steamer Union was beached ten miles south of Fort Macon. At present I have DO particulars, except a dispatch saying that seventy-three persons from her wreck are on their way to this place as prisoners. I have nowhere to keep them, but will guard them in an inclosed yard till they can be sent up to Salisbury. So there exists immediate necessity for occupying the Salisbury depot.

Four of our prisoners escaped from our inclosure last night, but they can’t get out of the country. Our present location is a very insecure one.

Very respectfully,

HENRY T. CLARK.

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BRIGADE HEADQUARTERS, Cumberland Gap, November 6, 1861.

Lieutenant-Colonel MACKALL, Assistant Adjutant-General, Bowling Green, Ky.

SIR: Inclosed you will find a list* of the prisoners we still have under our charge and the circumstances under which they were taken as well as we can learn. Twenty-five of them are citizens of the State of Kentucky, six citizens of the State of Tennessee, and one a slave taken with his master at Wild Cat. All of them so far as we can ascertain were either taken in arms against the Confederate States or giving aid and comfort to our enemies. The Kentuckians we of course regard as prisoners of war but can the Tennesseeans be looked upon in the same light? The general commanding desires to be informed as to the disposition he shall make of both classes of these prisoners.

Very respectfully,

POLLOK B. LEE, Assistant Adjutant-General.

* Not found.

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WAR DEPARTMENT, Richmond, November 9, 1861.

Brig. Gen. JOHN H. WINDER, Richmond, Va.

SIR: You are hereby instructed to choose by lot from among the prisoners of war of highest rank one who is to be confined in a cell appropriated to convicted felons and who is to be treated in all respects as if such convict, and to be held for execution in the same manner as {p.739} may be adopted by the enemy for the execution of the prisoner of war, Smith,* recently condemned to death in Philadelphia.

You will also select thirteen other prisoners of war, the highest in rank of those captured by our forces to be confined in the cells reserved for prisoners accused of infamous crimes, and will treat them as such so long as the enemy shall continue so to treat the like number of prisoners of war captured by them at sea, and now held for trial in New York as pirates.

As these measures are intended to repress the infamous attempt now made by the enemy to commit judicial murder on prisoners of war you will execute them strictly as the mode best calculated to prevent the commission of so heinous a crime.

Your obedient servant,

J. P. BENJAMIN, Acting Secretary of War.

* For trial of William Smith, the prize master of the schooner Enchantress, see P. 58 et seq.

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HEADQUARTERS DEPARTMENT OF HENRICO, Richmond, Va., November 11, 1861.

Hon. J. P. BENJAMIN, [Acting] Secretary of War.

SIR: In obedience to instructions contained in your letter of the 9th instant one prisoner of war of the highest rank in our possession was chosen by lot to be held for execution in the same manner as may be adopted by the enemy for the execution of Smith, recently condemned to death in Philadelphia. The names of the six colonels were placed in a can. The first name drawn was that of Col. M. Corcoran, Sixty-ninth Regiment New York State Militia, who is the hostage chosen to answer for Smith.

In choosing the thirteen from the highest rank to be held to answer for a like number of prisoners of war captured by the enemy at sea, there being only ten field officers it was necessary to draw by lot three captains. The first names drawn were Capts. J. B. Ricketts, H. McQuaide and G. W. Rockwood.

The list of thirteen will therefore stand-Colonels Lee, Cogswell, Willcox, Woodruff and Wood; Lieutenant-Colonels Bowman and Neff; Majors Potter, Revere and Vogdes; Captains Ricketts, McQuaide and Rockwood.

Respectfully, your obedient servant,

JNO. H. WINDER, Brigadier-General.

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NORFOLK, November 12, 1861.

Hon. J. P. BENJAMIN, Acting Secretary of War:

Please send Lieutenant Worden to my care for the purpose indicated in your letter of the 16th October.

BENJ. HUGER, Major-General, Commanding.

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RICHMOND, VA., November 12, 1861.

Major CALHOUN, Montgomery, Ala.:

Send Lieutenant Worden on his parole to report to the Adjutant-General here. The enemy has agreed to exchange Lieutenant Sharp for him and he is to go home via Norfolk.

J. P. BENJAMIN, Acting Secretary of War.

{p.740}

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HEADQUARTERS DEPARTMENT OF HENRICO, Richmond Va., November 12, 1861.

Hon. J. P. BENJAMIN, [Acting] Secretary of War, Richmond, Va.

SIR: In obedience to your instructions* all the wounded officers have been exempted as hostages to await the result of the trial of prisoners captured by the enemy at sea. I have therefore made selection by lot of Capts. H. Bowman and F. J. Keffer to replace Captains Ricketts and McQuaide, wounded.

The list of thirteen will now stand-Colonels Lee, Cogswell, Willcox, Woodruff and Wood; Lieutenant-Colonels Bowman and Neff; Majors Potter, Revere and Vogdes; Captains Rockwood, Bowman and Keffer.

Respectfully, your obedient servant,

JNO. H. WINDER, Brigadier-General..

* Not found.

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WAR DEPARTMENT, Richmond November 13, 1861.

D. A. DAVIS, Esq., Salisbury, N. C.

SIN: I have had the honor to receive your favor of the 8th instant. I beg to return thanks to yourself and Colonel Johnston for your trouble and your kind offer of further services in connection with the purchase of the prison depot at Salisbury. In a few days an agent will leave with the bonds who will be authorized to receive the title deeds.

Respectfully,

J. P. BENJAMIN, Acting Secretary of War.

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MONTGOMERY, November 13, 1861.

Hon. J. P. BENJAMIN, Acting Secretary of War:

In obedience to your order received by telegraph Lieut. John L. Worden has been released on parole to report to the Adjutant-General C. S. Army at Richmond, Va.

J. L. CALHOUN, Assistant Quartermaster.

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RICHMOND, VA., November 14, 1861.

Capt. H. MCCOY, Assistant Quartermaster, Richmond.

SIR: You will proceed without delay to Salisbury, N. C., and take charge of the buildings and grounds purchased by the Confederate Government at that place for the accommodation of prisoners of war. Fifteen thousand dollars in Confederate bonds will be placed in your hands for payment for the property under the arrangements made by the Secretary of War for this purpose.

You will confer with Col. William Johnston, of Charlotte, N. C., who was requested by the Secretary of War to complete the purchase. Colonel Johnston was instructed to assure himself that the title to the property was indisputable, and also to arrange by contract for putting the buildings into condition for receiving prisoners of war as well as {p.741} to furnish quarters for a company of 80 or 100 men as a special guard. If the title deeds are good and the papers are all properly executed for the transfer of the property you will receive them from Colonel Johnston and have them placed upon record.

You will further proceed at once to do whatever may not have been done by Colonel Johnston under the instruction to him above recited, viz, to arrange by contract for putting the buildings into condition for the reception of prisoners of war and accommodation of the guard. You will also examine and report what further inclosures, buildings, &c., can be advantageously erected with the view of making the depot sufficient for the reception of about 10,000 prisoners.

The first section of the act of Congress, No. 181, provides that the Quartermaster’s Department shall provide for the safe custody and sustenance of prisoners of war, and the rations to be furnished them shall be the same in quantity and quality as those supplied to enlisted men in the Army of the Confederate States. Five thousand dollars will be furnished for disbursement on this account.

Copies of the Regulations for the Quartermaster’s and Commissary Departments are herewith given you as guides in the discharge of your duties.

A. C. MYERS, Acting Quartermaster-General.

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RICHMOND, November 14, 1861.

A. T. BLEDSOE, Esq.

My DEAR SIR: I desire to know whether it is allowable for me to see Colonel Wood, now as you know in confinement, my purpose being simply to see him and, as far as is consistent with the public policy, to contribute to his personal comforts. I am in no way acting as his advisor or counsel, but merely desire to see him as one gentleman can properly see another situated as he is. If allowable to see him please send me permit.

Very respectfully,

J. H. GILMER.

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HEADQUARTERS DEPARTMENT OF NORFOLK, November 14, 1861.

General S. COOPER, Adjutant and Inspector General.

SIR: Referring to my letter of yesterday inclosing correspondence with Flag-Officer Goldsborough concerning the exchange of prisoners I now send you a copy of his letter* of yesterday in reply; also a copy of my answer dispatched to him this morning. The correspondence explains itself, and I hope my answer meets the approval of the Secretary as my intention was to follow exactly the instructions contained in his letter to me of the 16th of October-nothing more or less.

Respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

* Omitted here; Goldsborough to Huger, November 13, p. 134, and Huger’s reply November 14, p. 135.

{p.742}

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WAR DEPARTMENT, Richmond, November 15, 1861.

Maj. Gen. BENJAMIN HUGER, Norfolk, Va.

SIR: Your letter of the 13th* instant to the Adjutant-General has been referred to me.

First. Lieutenant Worden is now on his way here on his parole to report to the Adjutant-General. As soon as he arrives he will be forwarded to Norfolk to be restored to Commodore Goldsborough “without any exactions or conditions whatever,” as stipulated by you.

Second. The proposal to exchange Lieut. Henry K. Stevens, of South Carolina, for Lieutenant Kautz is certainly not in accordance with that honorable sense of equality and fair-dealing that ought to characterize such propositions between belligerent powers. In saying this I entirely acquit Commodore Goldsborough of any imputation his language would seem to convey. I refer solely to the action of his Government. They seize upon Southern citizens as prisoners of state and then tender them in exchange for prisoners of war. We are not so obtuse as to be blind to the unfair advantage they thus seek to obtain. Humanity and regard for our unfortunate citizens thus reduced to captivity are, how ever, stronger motives of action than the just indignation inspired by such a course of conduct on the part of our enemies. Besides we can well afford to spare a few prisoners of war, having a number so largely in excess of theirs. The President has therefore determined to consent to the exchange of Lieutenant Stevens for Lieutenant Kautz, and to tender the further exchange which seems to be invited by the letter of Commodore Goldsborough by offering to restore to them Lieutenant Selden for Lieut. Benjamin P. Loyall, of Virginia, the exchange to be unconditional.

In the course of a day or two I hope to suggest other names as exchanges for the other two officers, Butt and Dalton. In making these exchanges the President desires that you intimate to Commodore Goldsborough that in consenting to them “you protest in the name of your Government against a system unknown in the rules and usages of warfare by which unarmed men taken captive as political prisoners or prisoners of state are held by the Government of the United States to be tendered in exchange for its officers captured in battle, and that in consenting to such exchanges this Government is moved by a sense of humanity and concern for its captive citizens, and is not to be understood as conceding that the exchange is a fair and equal one.”**

...

I am, your obedient servant,

J. P. BENJAMIN, Acting Secretary of War.

* Not found.

** For part omitted, see Vol. I, this Series, p. 94.

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CENTERVILLE November 15, 1861.

General G. T. BEAUREGARD, Commanding First Corps, Army of the Potomac.

SIR: I have the honor to report that I was made a prisoner at the battle of Ball’s Bluff Monday, October 21, 1861. I was immediately carried to the river shore guarded by six men and was ferried across in a flat-boat to Harrison’s Island, the boat being crowded with the enemy’s wounded and men who had run away from the battle-field. After stopping on the island fifteen minutes or more I was ferried in {p.743} another boat to the Maryland shore. Up to the time of my going down the bank to the island to cross to Maryland I had scarcely attracted any attention, but at this point when about to enter the boat a captain, who seemed to be superintending the embarkation of the wounded, when being told that I was a prisoner, exclaimed, “Hang him.” Being told again that I was a prisoner he repeated the exclamation. This appeal was not seconded by any voice that I heard. From the Maryland shore I was conducted to the camp of the California Regiment and placed near a fire. Shortly after I was handcuffed and taken to a small tent, when the handcuffs were removed. At daylight on the following Tuesday morning the men of the brigade in large numbers assembled around my tent and for three hours abused me with the vilest imprecations. Some of the brigade officers visited me afterwards, when there was a partial cessation of the abuse. In the afternoon near sundown a captain of cavalry and a lieutenant came to me and said that I was to be taken to Poolesville and that in obedience to orders they would be compelled to pinion my arms. I replied that I had seen a number of their officers prisoners in our camps and never saw one of them offered such an indignity and that I protested against the treatment. My elbows were then pinioned together and under guard of a lieutenant and four men I was conducted to Lieutenant-Colonel Wistar, on the road to Poolesville. I called his attention to my arms being pinioned. He said that if I would promise not to attempt an escape my arms should be loosed. I gave the promise and my arms were untied. Arriving at Poolesville I was taken to the camp of the Massachusetts Fifteenth. The next morning, Wednesday, for a few hours I was insulted both by officers and men. After breakfast I was sent in a wagon down to General Stone on the river. He asked me what treatment I had received, and upon being informed expressed regret. After remaining here a few hours I was sent back to the Massachusetts Fifteenth and during the remainder of my stay in their camp had no cause to complain of my treatment, owing I suppose to General Stone’s orders. General Stone afterwards visited me, making inquiries concerning my comfort which he seemed desirous to promote. The next Monday I was sent under a strong escort to Washington and there imprisoned in the Old Capitol building. I effected my escape from that prison Tuesday, November 5, arriving here yesterday. I have made this detailed statement, my treatment being in the cases I have stated so much at variance with what I had expected with usage and our treatment of their prisoners. I beg leave to remark that both the political and military prisoners in the Old Capitol Prison by their intelligence and dignified deportment reflect honor upon our country and our cause.

I am, sir, with great respect, your obedient servant,

J. OWENS BERRY, First Lieutenant, Eighth Virginia Volunteer Regiment.

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FAYETTEVILLE, N. C., November 16, 1861.

JEFFERSON DAVIS, President Confederate States of America, Richmond, Va.

SIR: The European Governments generally have by proclamation forewarned their respective subjects from participating in the war now in progress between the Confederate States of America and the United {p.744} States, informing them if they do so it will be at their own peril and their Government will consider all such subjects out of their protection, &c., and liable to such punishment as may be inflicted upon them by those against whom they take up arms. Now, sir, as the Army of the United States is being recruited and is already to a great extent composed of citizens of other Governments (not having been in the country long enough to be naturalized) I respectfully suggest to Your Excellency that an effectual way to stop this augmentation and prevent those Germans and other foreigners from aiding our enemies is to declare by proclamation that all foreign-born persons not legally naturalized in the United States found in arms aiding the said United States in the present war against the Confederate States will be considered as interlopers, and if taken will not be treated as legitimate prisoners of war but be subject to such punishment as the Congress of the Confederate Government may prescribe, which should be death.

These suggestions are made and Your Excellency’s better judgment can determine the policy of adopting them or no.

Very respectfully, your obedient servant,

D. G. MCRAE.

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HEADQUARTERS, Memphis, Tenn., November 20, 1861.

Col. W. W. MACKALL, C. S. Army, Assistant Adjutant-General.

COLONEL: As I stated in my letter of the 17th instant I was obliged to move the prisoners from the first place I had them put on account of the person who owned the building objecting so violently to having his house used for that purpose. The house where I now have them is the only suitable one in the city and the quartermaster pays $30 per day for the use of it. Would it not be best to send them to Baton Rouge, as they would be much more secure and less expensive?

I am, colonel, very respectfully,

JOHN ADAMS, Captain of Cavalry, C. S. Army, Commanding Post.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., November 21, 1861.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: Lieutenant Worden reported on the 18th. I dispatched him under a flag of truce on the 19th to Flag-Officer Goldsborough, with a letter saying he would be considered released from his parole on Lieutenant Sharp being sent to me on the 20th. On the 20th Lieutenant Sharp was sent up by Commodore Goldsborough.

I addressed a letter to Commodore Goldsborough embodying your instructions to me concerning the exchange of Lieutenant Kautz for Mr. Stevens, of South Carolina, and others, prisoners of state, and forwarded it to him on the 19th instant. I inclose you a copy of his reply* dated 20th instant with which he returned my letter of 16th. As he states the proposition to exchange Mr. Stevens for Lieutenant Kautz was made on his own responsibility and without even the knowledge of his Government I could not accuse that Government of acts which its representative assures me they were not aware of. I therefore addressed him the letter dated 2lst,* copy inclosed.

{p.745}

Should he make any further propositions I will submit them to you before replying. I did not like to break off all communication and leave no opportunity of effecting the release of our unfortunate country-men, but it is difficult to deal with one who asserts he acts on his own responsibility and offers to release prisoners on his own terms without even the knowledge of his Government.

I am, sir, very respectfully, your most obedient servant,

BENJ. HUGER, Major-General, Commanding.

* Omitted here; Goldsborough to Huger, November 20, p. 139, and Huger’s reply, November 21, p. 139.

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RICHMOND, VA., November 21, 1861.

Capt. E. GRISWOLD, Assistant Quartermaster, Richmond.

SIR: The Secretary of War having appointed you an assistant quartermaster and designated you for duty with the prisoners of war at Tuscaloosa, Ala., you will proceed without delay to that place via Montgomery, Ala., and enter upon your duties. You will report at Montgomery to Maj. J. L. Calhoun, assistant quartermaster, who has made all necessary arrangements preliminary to the arrival of the prisoners at Tuscaloosa. You will obtain such information from him as will enable you to perform any duty in connection with this subject which may not have been already completed under Major Calhoun.

To defray the expense to be incurred in providing quarters and subsistence for the prisoners you will make out requisitions for funds and transmit them to this office. You will forward the reports and returns by the Regulations of the Department to this office at the period prescribed. The act of Congress, No. 181, provides that the safe custody and subsistence of prisoners of war shall be provided for by the Quartermaster’s Department, and directs that the rations furnished shall be the same in quantity and quality as those furnished to enlisted men in the Army of the Confederacy. Five thousand dollars is placed in your hands for the performance of your duties in this connection.

A. C. MYERS, Acting Quartermaster. General.

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HEADQUARTERS DEPARTMENT OF NORFOLK, November 23, 1861.

Honorable SECRETARY OF WAR.

SIR: On the 22d (yesterday) a flag of truce was received by which came to me Messrs. Stevens, of South Carolina, and Loyall, of Virginia, lately lieutenants in the U. S. Navy. I inclose herewith a copy of the letter* of Commodore Goldsborough which came up with them, which is his reply to mine of the 21st instant, a copy of which has been sent to you.

Unless instructed otherwise I will under your former instructions release Lieutenant Kautz, U. S. Navy, from his parole in place of Mr. Stevens, and if you place Lieutenant Selden at my disposal I will release him in place of Mr. Loyall. Two officers of the Navy were sent to Richmond from here, Lieutenant Peacock (Volunteer Navy, I believe) and Master’s Mate Abbott, who might be exchanged in place of Messrs. Butt and Dalton.

Respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

* Omitted here; Goldsborough to Huger, November 22, p. 140.

{p.746}

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MEMPHIS, TENN., November 23, 1861.

General POLK:

How will it do to put to work in our shops any of our prisoners who may be gunsmiths or machinists? Shall I seize all guns that are being carried off by parties who procured them at Belmont?

W. R. HUNT.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., November 25, 1861.

Honorable SECRETARY OF WAR, Richmond, Va.

SIR: I transmit herewith a copy of a letter* received on 23d instant from Commodore Goldsborough proposing to exchange W. R. Butt for Captain Ricketts, of the U. S. Army. To this letter I shall make no reply.

In my letter to you of the 23d I mentioned the names of Lieutenant Peacock (Volunteer U. S. Navy), captured on the steamer Fanny, and Master’s Mate Abbott, captured on a prize, as suitable exchanges for Messrs. Butt and Dalton.

I should feel disposed to meet this proposition of Commodore Goldsborough by a counter proposition to exchange Captain Ricketts for Capt. J. A. de Lagnel, and mention this for your consideration.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

* Omitted here; Goldsborough to Huger, November 23, p. 140.

[Indorsement.]

NOVEMBER 26, 1861.

Respectfully submitted to the Secretary of War. Mr. Butt I understand is quite a youth, and if a lieutenant in the U. S. Navy must have been made so very recently.

Captain De Lagnel, of C. S. Army, now a prisoner in United States and who was badly wounded at Cheat Mountain under General Garnett, would be a suitable exchange for Captain Ricketts.

S. COOPER, Adjutant and Inspector General.

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WAR DEPARTMENT, Richmond, November 25, 1861.

Maj. Gen. B. HUGER, Norfolk, Va.

SIR: Your several letters inclosing your correspondence with Commodore Goldsborough have been received and your action in relation to the subject is entirely approved. The puerility and tergiversation that mark the whole conduct of the enemy on this subject merit contempt, and it is scarcely consistent with self-respect to continue any intercourse with them in relation to exchange of prisoners until some semblance of regard for civilized usages is displayed by them.*

...

I am, respectfully, your obedient servant,

J. P. BENJAMIN.

* Part omitted has no reference to prisoners.

{p.747}

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HEADQUARTERS, Memphis, Tenn., November 26, 1861.

Capt. E. D. BLAKE, C. S. Army, Acting Assistant Adjutant-General.

CAPTAIN: I have the honor to forward to you the inclosed letter from Capt. B. Crabb, Company H, Seventh Regiment Iowa Volunteers, now confined at this place as a prisoner of war.

The prisoners have up to this time been very well satisfied and have given very little trouble, but the expense of keeping them is very great. As I sent you a statement a short time ago of what had to be paid monthly for the use of the building they are confined in, if some arrangement could be made as spoken of in Captain Crabb’s letter it would save munch trouble and expense. If deemed necessary I hope you will forward letters to General A. S. Johnston.

I am, captain, very respectfully,

JOHN ADAMS, Captain of Cavalry, C. S. Army, Commanding Post.

[Inclosure.]

MEMPHIS, November 26, 1861.

Captain ADAMS.

SIR: I am authorized and requested by the officers and privates now prisoners of war under your charge to apply to you and through you to the proper military authorities for a release with the privilege of returning to our homes, the privates to make oath not to take up arms against the South until exchanged or otherwise discharged from said obligation, the officers on their parole of honor according to the usual form subject to exchange. Your early attention and favorable consideration is requested by,

Your most obedient servant,

B. CRABB, Captain Company H, Seventh Regiment Iowa Volunteers.

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HEADQUARTERS C. S. MARINE CORPS, Richmond, Va., November 26, 1861.

Maj. Gen. B. HUGER, Norfolk.

GENERAL: The Secretary of the Navy being exceedingly anxious for the release of the officers named below from the confinement in which they are held by the United States Government would be glad if you would make a proposition to that effect whenever an opportunity offers of communicating with the commander of Fort Monroe. On the release of these officers a like number of U. S. officers of corresponding grade will be released by the Confederate States Government: Capt. Robert Tansill, Capt. John R. F. Tattnall, Second Lieut. T. S. Wilson, late U. S. Marine Corps.

Very respectfully, your obedient servant,

LLOYD J. BEALL, Colonel, C. S. Marines.

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WAR DEPARTMENT, Richmond, November 27, 1861.

Maj. Gen. BENJ. HUGER, Norfolk.

SIR: I have the honor to acknowledge the receipt of your two letters of 23d and 25th instant. I have caused Lieutenant Selden to be released {p.748} on parole and ordered to report to you that you may send him to Commodore Goldsborough in exchange for Lieutenant Loyall. Mr. Abbott will also report to you with a view to having him exchanged for Mr. Butt or Mr. Dalton. Mr. Peacock has been sent South, but you may use his name in exchange also and I will telegraph to have him sent here if accepted. I entirely concur with you that the exchange of Butt for Captain Ricketts would be unequal. You are authorized to offer Ricketts for De Lagnel as you suggest. The position of these two officers is precisely the same as I am informed, both of equal rank, both severely wounded and their exchange would be entirely equal.

I am, your obedient servant,

J. P. BENJAMIN, Secretary of War.

P. S.-I inclose a letter* to be forwarded by flag of truce.

* Not found.

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RICHMOND, VA., November 27, 1861.

Hon. J. P. BENJAMIN, Secretary of War.

DEAR SIR: When in your office this morning I omitted to mention to you that before I left home (Salisbury, N. C.) I saw Captain McCoy, who was sent out to examine and prepare the old factory for a prison. It is much out of repair and will not be fit for the safe-keeping of prisoners for a long time. I see from the morning papers that some prisoners are to leave here to-day for that place. If such an order was issued it ought to be countermanded for the place is wholly unfit for their safe-keeping.

Very truly, &c.,

BURTON CRAIGE.

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HEADQUARTERS DEPARTMENT OF HENRICO, Richmond, Va., November 27, 1861.

General B. HUGER, Commanding at Norfolk, Va.

SIR: I am directed by the Secretary of War to send to you Lieutenant Selden and Master’s Mate Abbott, both U. S. Navy. I send them under parole, which you can relieve if you think proper.

Respectfully, your obedient servant,

JNO. H. WINDER, Brigadier-General.

[Inclosure.]

RICHMOND, VA., November 27, 1861.

We, the undersigned officers of the U. S. Navy, prisoners of war, pledge our word and honor that we will not by arms, information or otherwise during the existing hostilities between the United States and the Confederate States of America aid or abet the enemies of the Confederate States or any of them in any form or manner whatsoever until released or exchanged.

GEO. L. SELDEN, Lieutenant, U. S. Navy. WILLIAM A. ABBOTT, U. S. Navy.

{p.749}

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HEADQUARTERS DEPARTMENT OF NORFOLK, November 30, 1861.

General S. COOPER, Adjutant and Inspector General.

SIR: I send inclosed copy of a note* received last evening from General Wool’s headquarters. I felt authorized to inform General Wool my Government would allow clothing, blankets, &c., necessary comforts for their prisoners to be sent to them. As to the luxuries of tea, coffee, &c., I am not prepared to answer and refer his letter to the Secretary of War for instructions.

Respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

* Omitted here; Whipple to Huger, November 29, p. 149.

[Indorsement.]

Reply to General Huger that he can communicate to General Wool that prisoners are supplied with good and substantial food, but no objection will be made to the United States supplying them with the articles suggested. This permission will not apply to the prisoners kept in cells as hostages for our privateers. Inclose the two letters within to be forwarded by the flag of truce.

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WAR DEPARTMENT, Richmond, December 3, 1861.

Maj. Gen. BENJAMIN HUGER, Commanding Department of Norfolk.

SIR: I have had the honor to receive your letter of the 30th ultimo, inclosing a copy of letter from Asst. Adjt. Gen. William D. Whipple, Fortress Monroe, inquiring whether certain articles would be allowed to be furnished by the United States to the prisoners of war in Richmond. You are authorized to reply to the major-general commanding at Fortress Monroe that all our prisoners are regularly supplied with a sufficiency of good and substantial food but that no objection will be made to the request that the articles suggested may be forwarded to them from the United States under flag of truce and upon the conditions previously stipulated by you. This permission, however, will not apply to those who are held confined in cells as hostages for our privateers captured by the enemy. You are respectfully requested to forward the within letters* by the first flag of truce.

Respectfully, your obedient servant,

J. P. BENJAMIN, Secretary of War.

* Not found.

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QUARTERMASTER-GENERAL’S DEPARTMENT, Richmond, December 5, 1861.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: I beg leave to submit for your consideration that the obligation imposed upon this department to provide for the sustenance of prisoners of war is embarrassing in its practical operations and produces in some instances a direct conflict with the Commissary Department to which that duty would seem to more properly belong. An example is presented in the fact that this department in providing supplies for {p.750} prisoners of war does not draw them from the commissary stores but is compelled to purchase them in the market and thus is brought into competition with the Commissary Department. I submit that as the duty of providing the sustenance of prisoners is more germane to that department and could be more conveniently and legitimately performed by it, the necessary alteration in the law should be recommended to Congress to authorize the transfer of this duty to the Commissary Department. (Act of Congress, No. 181.)

I am, sir, very respectfully, your obedient servant,

A. C. MYERS, Acting Quartermaster-General.

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GENERAL ORDERS, No. 38.}

BRIGADE HEADQUARTERS, Mill Springs, Ky., December 7, 1861.

The commanding officers of the several corps and detachments infantry, cavalry and artillery in this command will report immediately the number and names of the prisoners of war they may now hold under guard, reporting at the same time in writing whatever evidence there may be against said prisoners and the circumstances under which they were captured.

F. K. ZOLLICOFFER, Brigadier-General.

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Joint Resolution of the Texas Legislature approved December 9, 1861.

Resolved, That we highly approve of the promptness with which the President of the Confederate States has made preparation to retaliate in the event that the Lincoln Government should execute as pirates any or all of the crew of the privateer Savannah, and we express the decided opinion that retaliation should be strictly and rigidly practiced by our Government in all such cases.

Resolved, That the Governor of the State transmit a copy of this resolution to our members in the Confederate Congress and that they lay it before President Davis.

N. H. DARNELL, Speaker of the House of Representatives. JOHN M. CROCKETT, President of the Senate.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., December 9, 1861.

Honorable SECRETARY OF WAR.

SIR: I inclose herewith: first, copy of letter* received from Commodore Goldsborough dated December 7, 1861; second, copy of my answer* to the same; third, copy of a letter** dated 26th of November from Col. Lloyd J. Beall to me; all relating to the exchange of prisoners.

Awaiting your instructions, I remain, very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

{p.751}

[Indorsement.]

[To General Winder] for suggestion as to the prisoners we can offer in exchange for these naval gentlemen.

J. P. B.

* Omitted here; Goldsborough to Huger, December 7, p. 155, and Huger’s answer, December 9, p. 156.

** Beall to Huger, p. 747.

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RICHMOND, December 10, 1861.

General S. G. FRENCH, Evansport, Va.:

Send your prisoners to this place to report to General Winder.

S. COOPER, Adjutant and Inspector General.

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RICHMOND, VA., December 10, 1861.

Maj. J. L. CALHOUN, Assistant Quartermaster, Montgomery, Ala.

SIR: Captain Griswold, assistant quartermaster, who has been placed in charge of the prison depot at Tuscaloosa has made a report to Brigadier-General Winder which has been submitted to this office. From it it appears that the paper-mill which was rented by the agent appointed by you as a suitable place for the custody and accommodation of the prisoners of war sent to Tuscaloosa is in every respect unsuitable for that purpose. It is represented that this building is utterly untenable; that there is no flooring in the first story and in a large room in the rear no sills upon which flooring can be laid; that the grounds are low and damp, the walls moldy; that there are no windows and that there are large apertures in the brick-work. It is also represented that there is no water conveniently near; that there are no chimneys and no appointments for heating the building or cooking the food of the prisoners. In short, it appears that with reference to the number of prisoners to be accommodated the necessary arrangements for their custody and reasonable comfort, and the degree of expenditure necessary and essential to render this building even approximately suitable for the purpose for which it was designed the conduct of the agent has been such as to merit the severest animadversion. The contract which he has made therefore is not approved, and the Department disclaims any responsibility on the part of the Government arising out of it. Your agent therefore will take measures to have the contract which he has made abrogated, or if that cannot be done he must meet the responsibility it entails personally. The Government will not recognize or be bound by it.

A. C. MYERS, Quartermaster-General.

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RICHMOND, VA., December 10, 1861.

Capt. ELIAS GRISWOLD Assistant Quartermaster, Tuscaloosa, Ala.

SIR: Your report of the 4th instant to Brigadier-General Winder in regard to your action at Tuscaloosa in procuring a proper depot for the prisoners of war who have been assigned to that place has been submitted to me and I desire to express my full approval of the course you have pursued. You will engage the Lunatic Asylum at a fair rent for a prison depot if it can be obtained, and you will complete the contract {p.752} for the occupancy of the hotel buildings for that purpose, and also have the necessary additional building referred to in your report erected upon as reasonable terms as may be possible. Both buildings will be needed as the number of prisoners to be sent to Tuscaloosa will be increased if the asylum be rented. Your report to this Department has not yet been received. If it should demand further instructions they will be given. Report the number of prisoners the asylum will contain.

A. C. MYERS, Quartermaster-General.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., December 13, 1861.

General S. COOPER, Adjutant and Inspector General C. S. Army.

SIR: I send inclosed a letter* received last evening from General J. E. Wool with extract from the letter of the Adjutant-General of the U. S. Army to Colonel Dimick, commanding Fort Warren, ordering the release on parole of Captain De Lagnel, C. S. Army, in exchange for Capt. J. B. Ricketts, U. S. Army. I request that Captain De Lagnel on being released may be assigned to duty in this command. As he has had experience in artillery service I want him particularly and desire to put him in command at Craney Island, Col. F. H. Smith, colonel Ninth Regiment Virginia Volunteers, is to be detached to resume charge of the military institute at Lexington. Colonel Smith is at present in command at Craney Island. The lieutenant-colonel has been relieved some time since. On Colonel Smith’s leaving the command devolves upon a very young though quite an intelligent officer, Major Hardin. I want a commander for this post and request that Captain De Lagnel may be made colonel or lieutenant-colonel of the Ninth Regiment Virginia Volunteers. If the appointment is made by the Governor of Virginia I request that this letter may be referred to him.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

* Omitted here; Wool to Huger, December 12, p. 158.

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WAR DEPARTMENT, Richmond, December 13, 1861.

Maj. Gen. BENJAMIN HUGER, Norfolk, Va.

SIR: Your letter of the 9th instant with its inclosures has been received.

We have no naval officers to tender in exchange for the officers mentioned in the letter of Commodore Goldsborough. We have as prisoners a number of common seamen and an abundance of army officers. If Commodore Goldsborough means, and his letter appears to bear that construction, to take common seamen in exchange for the officers you may make the best terms you can. I suppose we have between twenty and thirty seamen. If, however, he requires officers we can give the following exchange, viz: For Captain Tansill, Capt. W. L. Bowers, First Rhode Island Regiment; for Lieutenant Tattnall, First Lieut. William Dickinson, Third Infantry; for Lieutenant Wilson, First {p.753} Lieut. T. B. Glover, Company C, Fourth Maine; for Midshipman Claiborne, First Lieut. Walter B. Ives, Company I, Seventy-ninth New York; for Midshipman Cenas, First Lieut. S. R. Knight, Company D, First Rhode Island; for Midshipman Wharton, Second Lieut. M. A. Parks, First Michigan; for Surg, W. M. Page, Surg, W. H. Allen, Second Maine, and for Assistant Surgeon Lindsay, Asst. Surg. W. Fletcher, Sixth Indiana. I suppose Butt and Dalton would also be exchanged against army officers, and if so try to get them and we will send equivalents. I thought, however, that one of them was to be released in exchange for Abbott.

I trust you will spare no effort to get back our officers.

Your obedient servant,

J. P. BENJAMIN, Secretary of War.

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C. S. PRISONS, Richmond, December 13, 1861.

Brig. Gen. J. H. WINDER, Commanding Department of Henrico, Richmond.

GENERAL: In exchange for eight of our officers now in possession of the enemy (as per list before me) I would select the following, and from my personal knowledge of all the prisoners I think those named are those least likely to be efficient for harm to the Confederacy in the event, not probable, that they again enter the service of the United States: For Robert Tansill, captain, Marine Corps, send W. L. Bowers, captain and quartermaster First Rhode Island, at Tuscaloosa; for J. R. F. Tattnall, first lieutenant, Marine Corps, William Dickinson, first lieutenant, Third Infantry; for T. S. Wilson, first lieutenant, Marine Corps, T. B. Glover, first lieutenant Company C, Fourth Maine; for H. B. Claiborne, midshipman, Walter B. Ives, first lieutenant Company D, Seventy-ninth New York; for Hilary Cenas, midshipman, S. R. Knight, first lieutenant Company D, First Rhode Island, Tuscaloosa; for A. D. Wharton, midshipman, M. A. Parks, second lieutenant Company H, First Michigan; for W. M. Page, surgeon, W. H. Allen (parole), Second Regiment Maine Volunteers; for James E. Lindsay, assistant surgeon, W. Fletcher, assistant surgeon Sixth Indiana.

Very respectfully, your obedient servant,

GEORGE C. GIBBS, Captain, Commanding at Prisons.

I concur entirely with Captain Gibbs in the above selection.

JOHN H. WINDER, Brigadier. General.

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BRIGADE HEADQUARTERS, Beech Grove, Ky., December 13, 1861.

Lieutenant-Colonel MACKALL, Assistant Adjutant-General, Bowling Green, Ky.

SIR: It being difficult for me to take proper care of prisoners here I avail myself of the steamboat to arrive at Gainsborough on the 18th instant to send thirty-three prisoners of war under the care of Theodore Cortes, provost-marshal, directly to Nashville to be disposed of as General Johnston may order. They are as follows, to wit: Major Helveti, major in the First Cavalry Kentucky Volunteers; Capt. F. E. {p.754} Prime, of Engineer Corps, General Buell’s staff; W. A. Hudson, corporal, in Colonel Hoskins’ Kentucky regiment, all captured on the 5th instant by Captain Bledsoe with ten of his cavalry company, accompanied by Col. S. S. Stanton. George W. Proutt, A. C. Keck, J. M. Higgins, John O. Hawkins, Mathias Henry, James Blair, George Barber, Andrew J. White, William Halliman, John H. Bowman, C. W. Crane, William G. Gibson, William S. Keys, Thomas Halloway, all of the Thirty-fifth Ohio Regiment, and N. Buchanan, of Wolford’s Kentucky cavalry, all captured on the 8th instant near Somerset by a cavalry detachment headed by Colonel Stanton and Lieutenant-Colonel McClellan. L. Zimmerman, of Colonel Hoskins’ regiment, captured a few days ago by an infantry picket. Van Buren Hopkins, taken with a Federal musket in his hands, on a visit home to his family near Monticello from Columbia. He denies that he belongs to any organized regiment but is said to be a bad man. E. McFall (captain), Isaac Dickens, James Dickens, John Dickens, Jonathan Williams, J. L. Stockton, Jacob Shoot, Thomas J. Dickson, N. W. Croselins (all of a home guard at Louisville), Mancil Garrard (of Wolford’s cavalry regiment) and Ephraim Walker (East Tennessee Lincolnite), all captured at Louisville on the 11th instant by a cavalry detachment commanded by Maj. W. F. Brantly. These prisoners and others were stationed at Louisville; had their breast-works and flags flying and daily fired on our cavalry picketing across the river at Rowena. Lafayette Brown, captured by Captain Rowan in Bledsoe County. He confesses that he would join the Lincoln forces if they invade East Tennessee and is charged by citizens there with threats to kill persons of Southern sentiments. Jasper Lee, captured near Crossville, E. Tenn., by Captain Rowan. He is a member of Captain Sullivan’s Tory Company and was armed when discovered.

Very respectfully,

F. K. ZOLLICOFFER, Brigadier-General.

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SPECIAL ORDERS, No. 23.}

HDQRS. DEPT. OF ALA. AND WEST FLORIDA, Near Pensacola, Fla., December 14, 1861.

The prisoners of war now confined at Montgomery, Ala. (except Major Vogdes), will be immediately transferred to the prison depot at Tuscaloosa, Ala., and the guard now stationed at Montgomery will be mustered out of service.

By command of Major-General Bragg:

GEO. G. GARNER, Assistant Adjutant-General.

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WAR DEPARTMENT, Richmond, December 16, 1861.

Maj. Gen. BENJAMIN HUGER, Norfolk, Va.

SIR: Your letters of the lOth* and 13th instant have been submitted to me by the Adjutant-General.

...

3. No objection will be made to your granting the favor asked by Doctor King and his wife. I agree with you that a contest of cruelty {p.755} is one in which our enemies would be certainly victorious. Let us adhere to all the usages of civilized warfare in spite of all provocations, except so far as may be absolutely necessary, by way of retaliation, in order to protect our own people.

4. I understand from General Cooper (but he has omitted to send me the papers, and his office is now closed for the night) that the enemy will exchange De Lagnel for Ricketts. I will look into the matter in the morning and order Ricketts sent down to you.

Your obedient servant,

J. P. BENJAMIN, Secretary of War.

P. S.-Since writing the foregoing I have seen your letter of the 13th and will send down Captain Ricketts at once. The Governor of Virginia writes me he will appoint Captain De Lagnel lieutenant-colonel, so that he may take command at Craney Island as you desire.

J. P. BENJAMIN, Secretary of War.

* Not found; the paragraphs omitted have no reference to prisoners of war.

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[RICHMOND], December 16, 1861.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: I respectfully ask your attention to the following case and its favorable consideration: Some time in August last, I believe, a young man in the Loudoun Cavalry, Arthur Dawson, was with five others surrounded and captured by the enemy. The tender years and estimable character of this young man induced many persons at the time to interest themselves to procure his exchange. He was one of three sons of a widow lady (all of whom were in our service), and his mother who resided immediately between the lines of the two armies near Leesburg excited by her bereaved and distressed condition the sympathy of the officers of both. Colonel Geary, commanding a Pennsylvania regiment opposite Leesburg, had been in former years when an officer on the Baltimore and Ohio Railroad a guest at the house of this lady and seemed to retain some recollection of her former kindness to him. He offered at the time to secure the exchange of young Dawson for one Henry Johnson, of New Hampshire, a prisoner of Bull Run. On the other hand Colonel Hunton, of the Eighth Virginia Regiment (near Leesburg), endeavored to obtain the consent of this Department to the exchange. The letter* of Colonel Hunton (on file) and another* from Lieutenant Pearce on the same subject are herein inclosed. The answers to the same are on our letter books.

The application was then refused on grounds stated in the reply, as the United States Government had not then recognized any exchanges. Since, however, exchanges have been of late effected in many instances by mutual consent. I lately wrote to the mother, Mrs. Dawson, who is a cousin of my date) father and said that if Colonel Geary would renew his proposition I hoped there might now be a better chance of success. I have just received her reply, from which I append an extract:

I am delighted to inform you that Colonel Geary is not only willing but anxious to make the exchange. He says if assurances will be sent to him from the proper authorities in Richmond that such can be done he will have Arthur brought to him at the Point of Rocks (Potomac, Loudoun County) in exchange for his man Pratt, {p.756} who was taken prisoner by Colonel Ashby at Harper’s Ferry on the 16th of October. He belongs to Company A, Twenty-eighth Regiment Pennsylvania Volunteers-that he must be brought up to Leesburg and the exchange made opposite the Point of Rocks, where Arthur was captured.

Arthur Dawson (at first confined in Fort McHenry) is now confined in Fort Warren, near Boston, Pratt was recently and is yet I suppose a prisoner in Richmond. May I venture to-hope that the honorable Secretary of War will give a favorable consideration to this application in behalf of this young soldier and his widowed mother, and will permit me to return her an answer of promise that her request shall be granted as soon as the necessary arrangements can be made?

Very respectfully,

EDWARD S. JOYNES.

NOTE.-Prepare letter to Mrs. Dawson informing her that as soon as Colonel Geary has her son in his possession I will send Pratt to Point of Rocks for exchange for young Dawson.

[J. P. BENJAMIN.]

* Not found.

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HEADQUARTERS DEPARTMENT OF HENRICO, Richmond, Va., December 17, 1861.

General B. HUGER, Commanding at Norfolk, Va.

GENERAL: I am directed by the Secretary of War to send Captain Ricketts to you for exchange with Captain De Lagnel. I inclose a copy of the letter* of the Secretary of War. Mrs. Ricketts accompanies the captain. I send also two boys, Thomas Wilkinson and Charles Smith, sons of officers of General Sickles’ army. They are sent to you to be returned to their parents unconditionally. The Rev. Mr. Mines goes on parole until the 1st of February, then to return unless exchanged. Send Michael Fenessy, one of the crew of the brig Betsy Ames left here sick. He goes on parole not to serve until exchanged. I send the letters in two packages, one from prisoners and one from other persons the latter for your decision as to the propriety of sending them.

Respectfully, your obedient servant,

JNO. H. WINDER, Brigadier-General.

* Not found, but see Benjamin to Huger, December 16, p. 754.

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RICHMOND, VA., December 17, 1861.

Hon. J. P. BENJAMIN, Secretary of War:

The undersigned begs to represent that on the 24th of October last his tobacco warehouse on Cary, near Twenty-fifth street, in this city was taken by General Winder as a prison for the use of the Government. Upon application to General Winder he has been referred to yourself for compensation for the use of said property and he now respectfully requests your attention to the case.

Your obedient servant,

W. H. GWATHMEY.

[Indorsement.]

Write him to present his account.

J. P. B.

{p.757}

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WAR DEPARTMENT, Richmond, December 17, 1861.

His Excellency JOHN LETCHER, Governor of Virginia.

SIR: In reply to your letter of yesterday I am happy to be able to inform you that Captain Ricketts has been exchanged for Captain De Lagnel. The very courteous intimation of your letter is highly appreciated, but there is no other officer whom I desire to suggest for the place you design for Captain De Lagnel. He is perhaps the very best officer that could be selected for the important position at Craney Island, which has been left vacant by Colonel Preston.

Very respectfully,

J. P. BENJAMIN, Secretary of War.

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MONTGOMERY, December 19, 1861.

Hon. J. P. BENJAMIN, Secretary of War:

Better send no more prisoners to Tuscaloosa. Accommodations exhausted. Lunatic Asylum will not be leased. To seize it would disorganize the institution and arouse the indignation of a loyal and Christian people.

JOHN GILL SHORTER, Governor of Alabama.

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HUMBOLDT, December 19, 1861.

Maj. Gen. LEONIDAS POLK.

SIR: I am directed by General Tilghman to state to you most respectfully that he omitted to inform you that eight men of the Kentucky company of cavalry stationed at Fort Henry were captured (with their horses) and taken to Paducah. Captain Bolen who permitted his men to be taken by a smaller number than his own and without resistance is strongly suspected of treason and is under arrest in the fort.

General Tilghman believing it necessary to have these men as witnesses is desirous to have them returned. He asks the major-general’s permission to send a deputation under a flag of truce to Paducah for that purpose, and would be pleased if the general could furnish him with a corresponding number of prisoners for exchange.

Very respectfully, your obedient servant,

A. HEIMAN, Colonel, Commanding Fort Henry.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., December 20, 1861.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: I inclose a letter* received last evening from Major-General Wool with copy of my answer* annexed. I felt authorized to express the views of my Government in this case and hope you will be able to carry them out, Capt. J. A. de Lagnel was sent to me yesterday. As General Wool has acknowledged the arrival of Capt. J. B. Ricketts I {p.758} have released Captain De Lagnel from his parole and notified General Wool that Captain Ricketts was released by the exchange.

Very respectfully, your obedient servant,

BENJ. HUGER, Major. General, Commanding.

* Omitted here; Wool to Huger, December 19, p. 165, and Huger’s answer, December 20, p. 165.

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HEADQUARTERS, Salisbury, N. C., December 20, 1861.

Honorable SECRETARY OF WAR.

SIR: As I am commander of this post by appointment of the Governor of this State I hope you will do me the favor to answer the following points: First. Am I to report to you in reference to the prisoners and other matters connected with the post? Second. Am I to be recognized by you as commander of the post? If so am I to continue as captain or will you give me a higher grade? I think if a higher officer is to be appointed my position, age and experience would give me some consideration. The Governor of this State does not know your intentions on this subject. Third. As commander of the post I have two companies. Will you pay a chaplain a small salary? We have a man every way suitable if you grant the privilege. I have organized the post (command) and am ready to receive a large number of prisoners, but the building is not ready. We have received 119 from Raleigh. Answers to the above would enable me to act definitely.

I have the honor to be, very respectfully, your obedient servant,

B. CRAVEN, Captain, Commanding.

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RICHMOND, December 20, 1861.

Governor J. G. SHORTER, Montgomery, Ala.:

I shall send no more prisoners to Tuscaloosa. Never thought of seizing asylum.

J. P. BENJAMIN, Secretary of War.

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EXECUTIVE DEPARTMENT, Montgomery, Ala., December 21, 1861.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: I have your dispatch of yesterday, in which you say: “I shall send no more prisoners to Tuscaloosa. Never thought of seizing asylum.”

In explanation of my dispatch of the 19th I beg to say that on that day I received a letter from Dr. P. Bryce, medical superintendent of the insane hospital at Tuscaloosa, dated the 16th instant, in which he wrote among other things the following sentence:

Dr. Searcy, the president of our board of trustees, told me this morning that the officer commanding the guard stated to him that he had received a dispatch authorizing him to seize any and every available house for the purposes of the prisoners, and if necessary occupy the insane hospital.

I did not believe that such a dispatch had been issued by your direction, but I could not doubt the verity of the statement made to me or that such a dispatch had been received by your officer who affirmed that he had received it.

{p.759}

I am pleased to know that no other prisoners are to be forwarded to Tuscaloosa. It cannot accommodate more than are already there.

With high regards, I am, respectfully, yours,

JOHN GILL SHORTER.

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NAVY DEPARTMENT, Richmond, Va., December 23, 1861.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: I have the honor to transmit herewith copy of a letter from Col. Lloyd J. Beall, C. S. Marine Corps, and to request that measures be taken to effect the release or exchange of Lieutenant Sayre.

I am, respectfully, your obedient servant,

S. R. MALLORY, Secretary of the Navy.

[Indorsement.]

I respectfully recommend First Lieut. William Dickinson, Third Regiment U. S. Infantry, to be exchanged for Lieutenant Sayre, Marine Corps.

JNO. H. WINDER, Brigadier-General.

[Inclosure.]

HEADQUARTERS C. S. MARINE CORPS, Richmond, Va., December 21, 1861.

Hon. S. R. MALLORY, Secretary of the Nary.

SIR: I beg leave to bring to your notice the case of First. Lieut. C. L. Sayre, of the Marine Corps, who whilst gallantly fighting in an engagement with the enemy on Santa Rosa Island, Fla., was severely wounded and taken prisoner. He is now at Montgomery, Ala., on parole, the condition of which is that he is to return to Fort Pickens as a prisoner of war as soon as his wound will permit him to do so unless exchanged for an officer of like grade. As I am informed that his wound is rapidly improving I respectfully request that measures may be taken to relieve Lieutenant Sayre from the necessity of going back into the hands of the enemy.

Your obedient servant,

LLOYD J. BEALL, Colonel, C. S. Marine Corps.

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FORT WARREN, December 23, 1861.

Hon. W. N. H. SMITH.

MY VERY DEAR SIR: I heard from you a few days ago through Lieutenant Wise and was exceedingly glad to hear from you. Colonel Martin has left us with 250 officers and men on parole, their parole to be discharged when a similar number of Federal prisoners shall be released by our Government. I know you ardently desire to see me and to gratify that wish you will urge the release of the requisite number to keep this exchange going, for upon the discharge of such number we shall all receive sailing orders.

Our men have suffered greatly from disease. They have encountered measles, typhoid pneumonia, bilious fever, mumps and finally smallpox, of which latter plague twenty have been the victims. The sick, old and infirm have, how ever, been sent home and we now have near 400 men. The fall has been unusually mild and not much uncomfortable {p.760} until within a few days. It is now snowing and sleeting and promises to settle with us for past favors. The papers are intensely interesting to us at all times, but especially so now.

Cannot Congressman Ely be exchanged for Commodore Barron? I trust so. The honorable gentleman will approve the project at least. Your very ardent friend Captain Lamb, of Martin, sends his special regards. Our hopes [are] for a speedy release, and they are strongly based upon the discharge of the equivalent of our companions who have gone home. Sharp, Wise and Jul. Moore are very well. I shall be very glad to hear from you if we do not leave very soon. My regards to my old friends Davis and Dortch; tender to them my congratulations.

Most truly,

H. A. GILLIAM.

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NASHVILLE, TENN., December 23, 1861.

Col. W. W. MACKALL, Assistant Adjutant-General.

COLONEL: I have the honor to report that thirty-three prisoners of war arrived here yesterday from General Zollicoffer’s command. Among the prisoners Major Helveti and Captain Prime, of the U. S. Engineer Corps.

Respectfully, your obedient servant,

A. J. LINDSAY, Captain, Commanding Post.

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WAR DEPARTMENT, Richmond, December 24, 1861.

Capt. B. CRAVEN, Salisbury, N. C.

SIR: Your letter of 20th instant has been received. The Governor of North Carolina at request of this Department was kind enough to undertake the raising of a certain number of volunteers for special service under the act of Congress for that purpose. (See act No. 229, third session, 21st August, 1861.) The volunteers so raised are to form companies to be mustered into the service of the Confederate States. The first thing to be done is to send to this Department the muster-rolls, showing that your company has been mustered into service according to the law above cited.

If the troops at Salisbury have not yet been mustered into service you will please request Captain McCoy, our assistant quartermaster there, to muster you all into service and send the muster-rolls here, specifying the service for which you enlist, viz: “To guard the prisoners of war that may be sent to the depot at Salisbury.” The term of your enlistment must also be specified, viz: “The war or three years.” As soon as this is done I will proceed to organize the command and send proper instructions. If the Governor deems you the best person to assume command send me his recommendation to that effect and it will have respectful consideration. In the meantime you are authorized to act under the Governor’s appointment, but your authority does not extend over the quartermaster we have sent there until otherwise ordered by this Department.

Your obedient servant,

J. P. BENJAMIN, Secretary of War.

P. S.-I am willing to appoint a suitable chaplain for the post.

J. P. B.

{p.761}

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WAR DEPARTMENT, Richmond, December 2-1, 1861.

Brig. Gen. JOHN H. WINDER, Richmond.

SIR: If you have not yet received any information in relation to the nineteen prisoners brought here from the Army of the Potomac nor of the reasons why they were sent here from the general guard-house you are instructed to return them. The headquarters at Richmond cannot be converted into a receptacle for the prisoners in the guard-houses of the Army.

Your obedient servant,

J. P. BENJAMIN, Secretary of War.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., December 24, 1861.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: I transmit inclosed a copy of a letter* received this day from Commodore Goldsborough. Although I am authorized by your letter of the 13th to conclude the exchanges with Commodore Goldsborough, yet as I am ignorant of the number of seamen now prisoners and of their location and also as he names an officer, Lieut. William G. Jones, as the exchange of Lieutenant Tattnall, and places the value of seamen at the rate of 30 for a captain in the army, 20 for a lieutenant and 10 for a midshipman, I consider it best to refer his letter to you for further instructions, Lieutenant-Colonel Tyler has arrived here on parole and proceeds to Richmond. He wishes to be exchanged for Lieutenant-Colonel Reeve, now on his parole. I have no doubt he could get this effected through General Wool.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

* Omitted here; Goldsborough to Huger, December 23, p. 168.

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WILLIAMSTON, N. C., December 26, 1861.

Hon. J. P. BENJAMIN, Secretary of War, Richmond, Va.

MY DEAR SIR: Two hundred and fifty of the Hatteras prisoners have been released as I am informed upon parole not to fight against the United States until an equal number of Yankee prisoners are released by our Government. Some of the prisoners reached here to-day and we are greatly rejoiced at their return. Many of them look as if they had fared quite roughly, but our general information is that they have been treated as well as could be expected under the circumstances.

They feel confident if our Government sends an equal number of Yankee prisoners that the residue of our prisoners at Fort Warren, as prisoners of war, will be released. Several of our single young men after being selected for release voluntarily consented to remain in the place of married men, thus manifesting a self-sacrifice highly commendable. You will recollect that soon after their capture I wrote to you a request if it was at all practicable to effect an exchange. I am sure now the President will not stand upon a punctilio in regard to the form of exchange, although the conduct of the United States Government {p.762} is certainly very objectionable and censurable, yet I know you will pardon the solicitude I feel for my son who still remains at Fort Warren with a determination on his part to stay with his men until the last one is released, as he writes me. He is a second lieutenant and he and his captain are the only officers of his company who were captured. They anticipate much suffering at Fort Warren from the rigors of a northern climate. My son’s company has already been unfortunate in the loss of eight of their men since they were captured.

I understand we have now at Fort Warren about 400 Hatteras prisoners and may I suggest that in case the President determines to exchange whether we had not better at once send 650 or enough for all the Hatteras prisoners (of which you are no doubt well advised) and thereby insure the more speedy release of our prisoners. I hope you will excuse this letter and suggestion to the paternal anxiety of a fond father. We are gratified to know that the spirits of our boys have not been broken, but they are now as anxious as ever to meet the enemy again when they can honorably do so.

I have the honor to be, very truly and respectfully, your obedient servant,

ASA BIGGS.

[Indorsement.]

Write Judge Biggs a friendly letter. I would rejoice to help him exchange his son and would have no objection whatever to take the first step the way he mentions, but I believe this would defeat his object. The enemy will do nothing that we show any anxiety to effect. I am sure if we do nothing they will soon send the rest.

J. P. B.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., December 27, 1861.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: A flag of truce was sent up yesterday from Fort Monroe and brought Dr. James W. Herty, late of the U. S. Navy. He was sent to me by Flag-Officer Goldsborough with a letter* (copy inclosed) and the pledge of Doctor Herty not to serve, &c., and he is to return within fifty days if not sooner exchanged. May I beg the favor of you to notify the Secretary of the Navy?

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

* See Goldsborough to Huger and inclosure, p. 170.

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RICHMOND, December 27, 1861.

Honorable SECRETARY OF WAR.

SIR: As desired by you I reduce to writing some promises that I made while a prisoner at Fort Warren, Mass., and which I agreed to call to your attention.

Doctor Peters, the surgeon of the post, desired me to procure the release for one of my men a man named Gorham Noble, of the Seventy-first New York State Militia. Doctor Peters was very kind and attentive to my officers and men and the request is for his personal gratification.

{p.763}

There are a good many seamen confined at Fort Warren taken from merchant vessels attempting to run the blockade. I inclose the list made by one of them for me:

Drs. Jeffery, Page and Lindsay, late navy surgeons of the U. S. Navy, desire to be released upon some terms; prefer to be exchanged, as they are anxious to go into service; were confined for refusing to take the oath to the United States Government. Captain Tansill, Captain Tattnall and Lieutenant Wilson, late of the Marine Corps of the United States, are also confined at Fort Warren for refusing to take the oath. They desire to be exchanged and go into service. Lieutenants Forrest, De Bree, Glassell, Myers and Ward and Midshipmen Claiborne and Wharton, late of the U. S. Navy, are also confined for refusing the oath. They desire to be exchanged and to go into service.

I was desired by all these gentlemen to call their cases to the attention of the War Department and ask your exertion to get them out of prison. They are gallant men and deserve attention.

I promised also to inform the Department of the acts of kindness of some of the citizens of Boston to my men. When we first got to Fort Warren no preparation was made for us. I had many sick among the men. The citizens of Boston or some of them furnished the hospital with everything required for comfort, and in addition about $800 worth of clothing, most of which was given to my men. A friend of Mr. S. Teackle Wallis, of Baltimore, a resident of Boston, sent to him some thousand dollars’ worth of clothing, which he distributed among the sailors and my men.

Through the members of the Maryland Legislature confined at Fort Warren I received from the citizens of Baltimore for my men very large contributions of clothing and hospital delicacies.

I am, sir, yours, &c.,

WM. F. MARTIN, Col. 7th Regt. N. C. Vols., late Prisoner of War at Fort Warren, Mass.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., December 27, 1861.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: I took the liberty of proposing to Major-General Wool, presuming it would meet your approval, to exchange Lieut. G. W. Grimes, Seventh North Carolina Regiment, now a prisoner of war at Fort Warren, for Lieut. I. W. Hart, Twentieth Indiana Regiment, now a prisoner of war at Richmond. I have just received a letter from General Wool in reply acknowledging the receipt of my proposal; that he had forwarded it to Washington and he presumed that a favorable answer will be returned.

I ask in this case your approval of my proceedings, and remain,

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

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RICHMOND, December 28, 1861.

General H. H. SIBLEY, (Care Quartermaster, San Antonio, Tex.)

SIR: No list of the officers or men belonging to the U. S. Army who were captured by Colonel Baylor in New Mexico, and who it is understood were released on their parole, has been received at this office. {p.764} I am therefore desired by the Secretary of War to request that you will cause a proper list of both officers and men referred to, stating the time and place of their capture and the date of their release, to be made out and forwarded here as soon as practicable.

Very respectfully, your obedient servant,

R. H. CHILTON, Assistant Adjutant-General.

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COLUMBUS, KY., December 28, 1861.

Hon. J. P. BENJAMIN:

I have still on hand about ninety prisoners at Memphis. It is very expensive keeping them there and I am not sure they are as secure as they should be. Can they not be sent to some other point farther south-Jackson, Miss., or Tuscaloosa, Ala., or elsewhere?

L. POLK.

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WAR DEPARTMENT, Richmond, December 29, 1861.

Maj. Gem BENJAMIN HUGER, Norfolk, Va.

SIR: Your several letters of the 20th and 24th and 27th instant, relative to exchange of prisoners, have been received and occupied the attention of the Department.

1. I will send to you Capt. John W. Sprague, Company E, Seventh Regiment Ohio Volunteers, and request that you ask in exchange for him Capt. Lucius J. Johnson, of North Carolina volunteers, taken at Hatteras and now in Fort Warren.

2. In exchange for Lieutenants Butt and Dalton, of the Navy, I send you Captain Shillinglaw, Company I, Seventy-ninth Regiment New York Volunteers; Capt. William Manson, Company A, Seventy-ninth Regiment New York Volunteers. We have not seamen enough to exchange for these officers on the scale proposed by Commodore Goldsborough, and we have been guided in the choice of the captains to be tendered in exchange by the inclosed petitions * of the prisoners themselves, which you are at liberty to inclose to Commodore Goldsborough.

3. In exchange for Dr. James W. Herty, assistant surgeon, C. S. Navy, you are requested to send a release of the parole heretofore given to Dr. R. D. Lynde, assistant surgeon, U. S. Army.

4. Your proposal for exchange of Lieutenant Grimes for Lieutenant Hart is approved.

5. The exchange of the 240 privates released from Fort Warren is already ordered and they will proceed by flag of truce immediately, as advised by telegram from General Winder to you.

6. I will send you in another letter the names of the officers exchanged for the nine who accompanied the above-named privates.

7. First Lieutenant Sayre, of the Marine Corps, C. S. Navy, captured wounded at Santa Rosa, was paroled to return to Fort Pickens as soon as his wound permit unless exchanged for an officer of like grade. I tender in exchange First Lieut. William Dickinson, Third Regiment U. S. Infantry, and beg that Commodore Goldsborough be informed of the fact in order that Lieutenant Sayre be relieved of his parole.

I am, very respectfully, your obedient servant,

J. P. BENJAMIN, Secretary of War.

* Not found.

{p.765}

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WAR DEPARTMENT, Richmond, December 29, 1861.

Maj. Gen. BENJAMIN HUGER, Norfolk, Va.

SIR: All the officers of the North Carolina volunteers captured at Hatteras are believed to have been released on parole by the enemy or exchanged except the following: (1) Adjt. John W. Poole, (2) Lieut. James T. Lasselle, (3) Lieutenant Allen.

Will you be good enough to inquire of General Wool if this exception is intentional, or if not whether he is willing to exchange them for officers of like grade?

Your obedient servant,

J. P. BENJAMIN, Secretary of War.

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RICHMOND, VA., December 30, 1861.

General POLK, Columbus:

You can send your prisoners to the prison depot at Salisbury, N. C.

J. P. BENJAMIN, Secretary of War.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., December 30, 1861.

General S. COOPER, Adjutant and Inspector General.

SIR: General Wool sent up yesterday Thomas B. Griffin, of the Seventh [Seventeenth] Regiment North Carolina Volunteers, a prisoner captured at Fort Hatteras and released on parole on condition that if a Federal prisoner of equal rank be released Mr. Griffin will be released from his parole.

This list of exchange is getting very long and complicated. I do not know if I am correct in reporting to you concerning it, or if I should report to General Winder. I should be glad to be relieved from attending to it.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

[Indorsements.]

ADJUTANT AND INSPECTOR GENERAL’S OFFICE, January 6, 1862.

Thomas B. Griffin was appointed second lieutenant May 10, 1861, in the Seventh North Carolina Volunteers, now Seventeenth Regiment. No muster-rolls since.

Respectfully returned to the Secretary of War:

R. H. CHILTON, Assistant Adjutant-General.

JANUARY 13, 1862.

I respectfully offer the name of M. A. Parks, second lieutenant, First Regiment Michigan Volunteers.

JNO. H. WINDER, Brigadier-General.

{p.766}

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MERCER COURT-HOUSE, VA., January 3, 1862.

Mr. WM. H. HOWE.

DEAR SIR: I am a citizen of the county of Raleigh, residing near the court-house, and have been driven from home with a good many other citizens of the county. Having just arrived here from that county the citizens of this village think it proper that the fact of the invasion of that county by the Federal troops should be made known so that the citizens of the counties between that place and the railroad may adopt some policy to repel their intended raid upon the Virginia and Tennessee Railroad. Hence I am troubling you with this note that the people may have time to organize for their own protection.

After repeated visits by the enemy in small forces, and committing depredations wherever they went by stealing property (cattle, horses, &c.) and arresting citizens pursuing their usual avocations, forcing them to take the oath, or taking them to Fayetteville and holding them in confinement, on last Monday, the 30th day of December last, our village was taken possession of by at least 1,000 Federal troops, arresting the citizens that were remaining and compelling them to take the oath or holding them prisoners. They are robbing the citizens of all their property, grain, provender, &c., leaving the families of those that have had to flee from their persecutions entirely dependent and helpless. Holding a commission as lieutenant colonel of the militia (the colonel being a prisoner in their hands) I have issued orders to call out the militia of Raleigh County to meet to-morrow in edge of this county; but the principal portion of the county being in possession of the Federals the number to assemble is very small, but we will assist with all our power in resisting any further advances of the enemy, hoping to have the aid of the counties interested with ourselves, and perhaps if the facts were properly represented to our authorities that they would dispatch a regiment of volunteer forces to our assistance, for they openly avow that their destination is ultimately the railroad.

Asking pardon for troubling you (being a stranger) and hoping that you will use your influence in procuring aid,

I am, very respectfully,

JOSEPH CALDWELL, Lieutenant-Colonel of the 184th Regiment.

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HEADQUARTERS POST, Salisbury, January 7, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: At the request of the prisoners at this post I write in reference to them. First. Some forty of them were the first taken. They hope in the event of any exchanges they may betaken at an early day, especially Dr. [M. C.] Causten, of Washington, D. C. Second. John Bion, a prisoner, is manifestly insane. He requires the same attention as a child. Third. It appears that some clothing has come through to Richmond for some prisoners here. They are needed very much. Fourth. We have 295 prisoners securely guarded and doing well.

I have the honor to be, very respectfully, &c.,

B. CRAVEN, Commandant.

{p.767}

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SPECIAL ORDERS, No. 7.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, January 9, 1862.

I. Surg, Edward G. Higginbotham, with the concurrence of Brigadier-General Winder, commanding Department of Henrico, will resume his duties at the prison hospital in this city.

...

By command of the Secretary of War:

JNO. WITHERS, Assistant Adjutant-General.

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EXECUTIVE DEPARTMENT, Raleigh, January 9, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: When it was first proposed to establish a prison depot in North Carolina there was such a local prejudice against such an establishment that I hesitated to give any aid or sanction to it; but since it has been established I am informed that the prejudice has been entirely removed. I do not know how many prisoners we may be blessed with, but if it is desirable to remove all of them from Richmond I am informed that the prison depot at Salisbury will only accommodate a part, about 800 or 900, without building extensive outhouses for them. The grounds in Salisbury are sufficiently large (sixteen acres) for any buildings temporary or otherwise that would be needed; but should it become necessary for more extensive accommodations, and as building and improving are always expensive, particularly now for the want of materials, I would suggest the purchase of Olin College, in the adjoining county of Iredell. Whenever such a purchase or any similar arrangement should be desirable I tender you my services to procure you any information relative to the same which may aid you in such a selection. Mr. Robert Love, of Salisbury, the bearer of this, is a gentleman of the highest respectability; has taken an interest in this matter and will give you much information on the subject should it be desirable at the present time to institute any inquiry on it. Mr. Love informs me that Captain McCoy, quartermaster at the post, is now in Richmond, and will recommend some more extensive preparations for the prisoners and some such purchase as this, and hence this suggestion as to the purchase of the Olin College in Iredell.

Most respectfully, yours,

HENRY T. CLARK.

JANUARY 11, 1862.

I take pleasure in saying that I fully unite in what Governor Clark has said as to Mr. Love. Olin College is some thirty-five miles northwest of Salisbury, twelve miles from the railroad leading west from Salisbury. I am well acquainted with the section of the country and the locality named. It is healthy and in a cheap and highly productive country.

THS. BRAGG.

Olin Academy, Iredell County, N. C.

Locality.-Thirty-five miles northwest from Salisbury, twelve miles from Statesville, nearest point to North Carolina Railroad; healthy, abundant and fertile country.

{p.768}

Building.-Brick, 80 by 100 feet, three and a half stories high; basement, four rooms and a chapel; rooms, 25 by 30 feet; passage, 20 feet; chapel, 50 by 80. See plat.

Second floor same, except a gallery running around the chapel; third floor in two rooms for the school-rooms, with seats and desks for 250 pupils, entered by two flights of stairs from opposite side of the building from the passage; the whole building well lighted with large windows and heated by thirteen stoves, with pipes running through, at a prime cost of $500, the whole in a state of good repair.

Land.-Ten acres, two large two-story dwelling houses, eight rooms in each; excellent well; firewood abundant and cheap, say from 75 cents to $1 per cord.

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OFFICE OF SUBSISTENCE DEPARTMENT, New Orleans, January 10, 1862.

Col. L. B. NORTHROP, Commissary-General, Richmond.

SIR: I have the honor to ask to be informed whether a soldier taken prisoner by the enemy and released on parole not to be in arms until exchanged is entitled to draw subsistence, whether in kind or by commutation, when near a station other than where his company is.

Respectfully, your obedient servant,

W. L. LANIER, Major and Assistant Commissary of Subsistence.

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RICHMOND, January 10, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: I have the honor to inclose papers* relating to the cases of Captain Drew and Surgeon McGregor, now confined in Columbia, S. C. These papers were forwarded to me by the surgeon in attendance on the prisoners. I will take the liberty to say that Captain Drew was quite sick when he arrived and continued so for a long time, and that his health was feeble when he left here.

Respectfully, your obedient servant,

JNO. H. WINDER, Brigadier-General.

* Paper in regard to Surgeon McGregor not found.

[Inclosure.]

COLUMBIA, S. C., January 6, 1862.

General WINDER.

DEAR SIR: You will probably remember me as the captain you carried from the cars to the Richmond House on the arrival of the prisoners from Manassas after the battle. Your kindness to me during the long, painful sickness that followed will ever be remembered and is {p.769} the reason of my presuming to ask a favor of you now. I have waited patiently for my Government to exchange me, but growing impatient and sick I wish to try for myself. You can materially aid me by conveying the inclosed letter to the Secretary of War and second my request. As I shall return to my college it may be arranged by one of the professors (also a captain) who was paroled by McClellan in Western Virginia being released from it. Whatever you can do for me will not be forgotten by,

Your humble servant,

J. T. DREW, Captain Company G, Second Vermont.

[Sub-inclosure.]

COLUMBIA, S. C., January 6, 1862.

Hon. SECRETARY OF WAR OF THE CONFEDERATE STATES:

I wish to take my parole of honor not to say or do anything to injure the Confederate States until I am honorably relieved from it by exchange. I will also pledge my word as an officer and a man that if I do not procure the release of a Confederate officer of equal rank to return in my place South within thirty days after my arrival at our lines I will return and surrender myself again a prisoner of war. My reason for this course is that as my health has been so much impaired I shall not be able to do duty and so desire to return to my studies in college. But I do not wish to do so until I am exchanged and if I can be in Washington a few days I can accomplish it.

Very respectfully, yours,

JOHN T. DREW, Captain Company G, Second Vermont.

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PORTSMOUTH, VA., January 10, 1862.

Major-General HUGER.

SIR: I received a letter from President Davis through his aide, Colonel Lee, informing me to have an interview with yourself respecting the exchange of my husband, Dulany A. Forrest, late lieutenant U. S. Navy, now prisoner at Fort Warren. Colonel Lee says: “If the Federals will consent the President will be willing to offer prisoners taken on the battle-field in exchange for our officers,” and says you will please notify this to General Wool and offer a captain of the Federal Army for Lieutenant Forrest. You will therefore greatly oblige me by attending to this immediately and thus have my husband released from prison. Please let me hear from you in a day or two as to the result.

Very respectfully,

S. B. FORREST.

[First indorsement.]

HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, January 11, 1862.

Respectfully referred to Brigadier-General Winder with the request that he will name a captain to be offered in exchange for Mr. Dulany A. Forrest, late lieutenant U. S. Navy.

By order of General Huger:

BENJ. HUGER, JR., First Lieutenant and Aide-de-Camp.

{p.770}

[Second indorsement.]

JANUARY 14, 1862.

The name of Capt. J. T. Drew, Company G, Second Regiment Vermont, for Dulany A. Forrest, late lieutenant U. S. Navy.

Respectfully,

JNO. H. WINDER, Brigadier-General.

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RICHMOND, January 11, 1862.

Maj. GEORGE C. GIBBS.

SIR: You will proceed to Salisbury, N. C., to take the command and direction of the prisoners of war at that place and such as may be sent there. Major Gibbs is authorized to raise three or four companies to the extent of 300 officers and men organized into companies under the act for local defense and special service; these companies to be organized according to law with not less than sixty-four privates in a company besides commissioned and non-commissioned officers, and regularly mustered into service. On assuming command at Salisbury Major Gibbs will order Capt. A. C. Godwin, now there, to return to this city and report to Brig. Gen. J. H. Winder. Such troops as are now at Salisbury and do not wish to be mustered into the service as indicated will immediately be discharged.

Very respectfully, &c.,

S. COOPER, Adjutant and Inspector General.

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FLAG-OFFICER’S OFFICE, DOCK YARD, Gosport, Va., January 11, 1862.

Hon. J. P. BENJAMIN, Secretary of War, Richmond.

SIR: I have the honor to state for the information of the War Department that Lieut. Dulany A. Forrest, late of the U. S. Navy, has written to inform me that he is now a prisoner at Fort Warren. He lately returned from an extended cruise to the Pacific in the Dacotah and upon his arrival at Wilmington, Del., resigned his commission to join the navy of the Southern Confederacy. He now awaits the action of this Government in his behalf. He is a young officer whose character and qualifications recommend him to its consideration. He is a nephew of mine. I beg leave to solicit your interposition in obtaining his immediate release by exchange with an officer of assimilated rank among the Federal prisoners.

I have the honor to be, respectfully, your obedient servant,

F. FORREST, Flag-Officer, &c.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., January 11, 1862.

General S. COOPER, Adjutant and Inspector General.

SIR: I send copy of a letter* received from Major-General Wool in reply to letters I have been directed to address him concerning the exchange of prisoners. By direction of the Secretary of War I have {p.771} already offered Lieut. William G. Jones, Tenth Infantry, to Flag-Officer Goldsborough for Lieutenant Sayre, of the Marine Corps, now on parole. General Wool also agrees to receive 147 wounded prisoners via James River at such time as may be agreed upon. I notify General Winder.

Respectfully, your obedient servant,

[BENJ. HUGER,] Major-General, Commanding.

* Omitted here; Wool to Huger, January 10, p. 188.

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Resolution adopted by the Confederate Congress January 13, 1862.

Resolved, That the President be requested to communicate to Congress by what authority and under what law citizens of Tennessee are imprisoned at Tuscaloosa or other points in the State of Alabama, and whether said prisoners or any portion of them have been transported beyond the limits of their own State without a trial, and whether in any instance the writ of habeas corpus has been suspended.

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HEADQUARTERS WESTERN DEPARTMENT, Bowling Green, January 13, 1862.

General S. COOPER, Adjutant and Inspector General C. S. Army.

SIR: I have in the jail at Nashville, Tenn., seventy-five persons confined as prisoners of war. The jail at that place has not capacity to hold any more prisoners. Under the act of Congress approved May 21, 1861, it is my duty to report them and ask what disposition the Department of War will have made of them. The enemy immediately in my front have made no decided forward movement as yet. I am informed through my cavalry in the direction of Columbia that the column of the enemy at that place have moved in the direction of Burkesville, and the enemy’s force at Somerset have gone forward in the direction of some point on the Cumberland River above General Zollicoffer’s command.

With great respect, your obedient servant,

A. S. JOHNSTON, General, C. S. Army.

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[RICHMOND], January 13, 1862.

[Hon. J. P. BENJAMIN, Secretary of War:]

The honorable Secretary of War will perhaps remember the letter which I recently addressed to him in behalf of the exchange of young Arthur Dawson, of Loudoun County, Va., then a prisoner at Fort Warren. I communicated the reply to the mother of the young man and in reply she incloses me the within letter from Colonel Geary,* the officer by whose regiment stationed near her house her son was captured. The other Confederate soldiers mentioned were I believe taken at the same time with Arthur Dawson.

As I am still sick in bed, scarcely able to write legibly, and may not be able to be at the War Department for a day or two yet, and as this proposition requires I suppose immediate action, I send it at once for the consideration of the Secretary of War. Mrs. Dawson informs me {p.772} in her private letter that Colonel Geary has these Confederate soldiers already at Frederick, Md., awaiting the answer of the Confederate Government.

Respectfully,

EDWARD S. JOYNES.

* Omitted here; see Geary to Mrs. Dawson, January 5, p. 183.

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CAMP CAMDEN, Near Centerville, January 14, 1862.

JEFFERSON DAVIS, President of the Confederate States of America.

DEAR SIR: Soon after the battle of Port Royal my brother, Edward B. Cuthbert, esq., was taken prisoner by a party of Yankees who surprised him at his plantation on Ladies Island, near Beaufort. He was immediately sent to Fort Lafayette where he has since been confined. I write now, sir, for the purpose of requesting you that if any arrangements are being made for an early exchange of prisoners his name be placed upon the list. I have just received a letter from my brother in which he states that he was taken as a prisoner of war. Hoping that this matter may meet with favorable consideration and that my brother may be restored shortly to that liberty which he so ardently longs for,

I remain, your obedient servant,

G. B. CUTHBERT, Captain Palmetto Guard, Second Regiment South Carolina Vols.

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HEADQUARTERS, Memphis, January 15, 1862.

Col. W. W. MACKALL, Assistant Adjutant-General.

COLONEL: I have the honor to report that I have secured the building on Beal street formerly occupied as a botanico-medical college at a rent of $100 per month and converted the same into a prison for the Belmont Federal prisoners confined at this post. I have had the prisoners moved to the above location where they are guarded by Capt. C. Sherwin’s detachment recruits, aggregate forty men. I have the honor also to report that the prisoner Owens and one other escaped from the former prison. They were soon afterwards captured and for their attempted escape have been since kept in irons.

I am, colonel, very respectfully, your obedient servant,

JOHN ADAMS, Captain, C. S. Army, Commanding.

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HEADQUARTERS DEPARTMENT No. 1, New Orleans, La., January 16, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: ... We have here about 500 prisoners of war who are a serious nuisance. Is there a prospect of exchanging them?

Respectfully, sir, your obedient servant,

M. LOVELL, Major-General, Commanding.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., January 17, 1862.

General S. COOPER, Adjutant and Inspector General.

SIR: Major-General Wool having acknowledged the receipt of 250 prisoners (10 officers and 240 men) in exchange for the like number of {p.773} our men released from Fort Warren on parole I am authorized to notify them that they are released from their parole.

Respectfully, your obedient servant,

BENJ. HUGER, Major-General.

A late letter* from General Wool states he had requested that Colonel Hoffman should be given for Colonel Bradford, of North Carolina, whereas we have offered Brevet Colonel Chandler, Third Infantry. What reply shall I give?

B. H.

* Wool to Huger, January 16, p. 195.

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HALL OF REPRESENTATIVES, January 17, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: A large number of Hatteras prisoners belonging to the Seventh (and afterwards numbered Seventeenth) Regiment North Carolina Volunteers, Colonel Martin, released on parole are now at their respective homes and in doubt as to their position. Some of them returned the last of October or soon after and as was generally believed in consequence of the discharge by our Government of a like number of U. S. prisoners wounded and disabled. Another and larger portion were discharged in the month of December. These men enlisted for twelve months and their time of service has not expired and they desire while fully meeting the obligations of their parole to re-enter the service when they can safely and honorably do so. One of those first discharged who resides in my own (Hertford) county, J. D. Barnes, has today called on me and I have been with him to the Adjutant-General’s and to General Winder’s office to make inquiries in regard to the matter. May I ask of the Department information on the following points:

1. Are the prisoners, some sixty in number I understand, still under their engagement not to take up arms against the United States during the present war until exchanged or released, or has that obligation been removed?

2. Does the similar obligation taken by the prisoners released from confinement at Fort Warren remain or has it been discharged?

3. What steps will be taken if any to advise them of their release from parole so that they may again enter the service and if taken be entitled to claim the rights of prisoners of war?

I will be obliged by a brief note giving such information in regard to the condition of the prisoners as the convenience of the Department will permit it to give and to enable them to act properly.

I am, very respectfully, your obedient servant,

W. N. H. SMITH.

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WAR DEPARTMENT, Richmond, January 18, 1862.

Mrs. SARAH A. DAWSON, Goresville, Loudoun County, Va.

MADAM: I have received the letter of Col. J. W. Geary, Twenty-eighth Pennsylvania Regiment, in regard to the exchange of certain prisoners. I do not recognize Colonel Geary as proper authority to negotiate with this Government for the exchange of prisoners and cannot therefore enter into arrangements with him upon this subject {p.774} in the wholesale manner proposed in his letter. I had agreed only at your solicitation to exchange Beriah Pratt for your son, Arthur Dawson. I still profess my willingness to make this exchange if it should be acceptable to the U. S. authorities, but beyond this I can enter into no exchange with Colonel Geary.

Respectfully, your obedient servant,

J. P. BENJAMIN, Secretary of War.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., January 18, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: I send inclosed a copy of a letter* from Maj. Gen. J. E. Wool, dated January 17, received last evening by flag of truce, bringing the released prisoners named. I also inclose copy* of my answer to him of this date which I hope meets your approval. The other exchanges proposed by General Wool I hereby refer to you. I must repeat my request to be relieved from the immediate duty of attending to this business of exchanges. It must be reduced to some system. There will be much confusion. I cannot devote my time to it.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

* Omitted here; Wool to Huger, January 17, p. 195, and Huger’s answer, January 15, p. 197.

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SPECIAL ORDERS, No. 15.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, January 18, 1862.

...

XIV. The 250 C. S. troops (10 officers, 240 privates and non-commissioned officers) who were captured by the U. S. troops at Hatteras, N. C., subsequently released from Fort Warren, Boston Harbor, and released on parole by General Wool, U. S. Army, are hereby released from said parole and will immediately report for duty with their respective companies, General Wool having acknowledged in exchange the receipt of a like number of U. S. prisoners sent to Fortress Monroe, Va., by the Confederate States Government.

By command of the Secretary of War:

JNO. WITHERS, Assistant Adjutant-General.

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HEADQUARTERS DEPARTMENT OF NORFOLK, January 20, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: I send inclosed copies of letters* received from Major-General Wool dated 18th and 19th instant. The prisoners released by him and named in these letters have all arrived. I beg to call particular attention to the last paragraph in his letter of the 18th instant. The proposition is a complete giving away of the principle heretofore asserted by them. It appears to me they should go a step further and make it general.

{p.775}

You will observe Lieut. William Dickinson has been exchanged for Lieutenant Tattnall. I made this offer before I got instructions to offer him for Lieutenant Sayre, on parole, and request another lieutenant may be approved for Lieutenant Sayre.

Very respectfully, your obedient servant,

BENJ. HUGER, Major. General.

* Omitted here; Wool to Huger, January 18, p. 196, and January 19, p. 198.

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RICHMOND, VA., January 21, 1862.

Hon. J. P. BENJAMIN, Secretary of War, Confederate States of America.

SIR: I would respectfully state that I was released on a parole of thirty days from Fort Warren for the purpose of effecting if possible an exchange with Doctor Fletcher, a prisoner of war in this city. No other name than that of Doctor Fletcher was mentioned in the paper which I signed and which is retained at Fort Warren. I therefore feel it my duty to request that the gentleman named be exchanged for me, otherwise I will be obliged by the parole given to return into custody at Fort Warren which it need not be said would be to me a source of great inconvenience and regret.

I have the honor to be, your most obedient servant,

R. W. JEFFERY, Late Surgeon, U. S. Navy.

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NAVY DEPARTMENT, Richmond, January 22, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: I have the honor to inclose herewith a letter from General Huger relative to the exchange of Flag-Officer Barron, of the Navy, whose case I have verbally presented.

With much respect, your obedient servant,

S. R. MALLORY, Secretary of the Navy.

Inform honorable Secretary that I have offered a colonel in exchange.

[J. P. B.]

[Inclosure.]

HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., January 17, 1862.

Captain BUCHANAN:

I have seen an open letter from Commodore Barron to Commodore Lynch in which he says:

See Huger and ask him to send me an assurance that the U. S. prisoners now confined in Texas will be released in exchange for the Hatteras prisoners here and I can arrange the affair with Colonel Dimick. Has any system been agreed on between Huger and General Wool or Commodore Goldsborough by which I can be exchanged for two or more officers of inferior rank? Ask Huger to write me or you do so on this subject particularly.

If you will suggest the names of suitable officers I will propose to Commodore Goldsborough to exchange Captain Barron.

Very respectfully, your obedient servant,

BENJ. HUGER.

{p.776}

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., January 22, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: I inclose herewith copy of a letter* received from Maj. Gen. John E. Wool on the evening of January 20.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

* Omitted here; Wool to Huger, January 19, p. 198.

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WAR DEPARTMENT, Richmond, January 23, 1862.

Maj. Gen. BENJAMIN HUGER, Norfolk.

SIR: I have your several letters of 11th, 18th, 20th and 22d on subject of exchange of prisoners.

1. By your letter of 11th instant you informed me that you had offered to Commodore Goldsborough Lieut. William G. Jones for Lieutenant Sayre, of Marine Corps. By your letter of 20th instant you state that you offered Lieutenant Dickinson for Tattnall before getting instructions to offer him for Sayre. By my two letters of 29th December you were requested to offer Dickinson for Sayre, Jones for Tattnall. I do not see who has been given to us for Jones and yet you ask for another lieutenant to be given for Sayre. Please explain.

2. Lieutenant-Colonel Pegram, for whom Colonel Willcox is demanded in exchange by General Wool, informs me that he notified General McClellan that no such exchange was to be hoped for and received for reply from the Adjutant-General the statement that Lieutenant-Colonel Bomford would be taken in exchange for him. I shall send Lieutenant-Colonel Bomford in exchange for Lieutenant-Colonel Pegram as soon as he can arrive from Texas.

3. I consent to the following exchanges proposed in General Wool’s letter of l7th: We give Captain Withington, First Michigan, for Captain Sutton, North Carolina. We give First Lieutenant Preston, of Fourth Michigan, for First Lieutenant Bell, North Carolina. We give Adjutant Peirson, Twentieth Massachusetts, for Adjutant Poole, North Carolina. We give First Lieutenant Parks, First Michigan, for First Lieutenant Lasselle, North Carolina. We give Dr. William Fletcher for Dr. R. W. Jeffery. We give Dr. C. S. De Graw for Dr. Lindsay. We give Doctor Connolly for Doctor Page. We give First Lieut. R. T. Frank for First Lieut. Thomas H. Allen. We give Second Lieut. William Booth, of Second Wisconsin, for Second Lieut. Julian G. Moore, North Carolina. We give Second Lieut. Edmund Connolly, of Sixty-ninth New York, for Second Lieut. N. H. Hughes, North Carolina. We give Second Lieut. Charles M. Hooper, California Regiment, for Second Lieut. J. W. Hoy, North Carolina.

4. On further examination I see that General Wool in his letter of 19th proposes to give T. S. Wilson for First Lieut. W. G. Jones. I decline the proposal and adhere to the offer of Jones for Sayre, as you have given Dickinson for Tattnall.

5. I decline the exchanges for Lieut. W. D. Farley and F. de Caradene, proposed in the letter of General Wool of the 20th instant. The former officer is only a lieutenant and not a captain as supposed by General Wool. Both the officers are in the volunteer service and will be received in exchange for like officers, not for regulars.

{p.777}

6. I decline taking into consideration any proposition for exchange of our privateers taken in our service on the high seas until there is an absolute unconditional abandonment of the pretext that they are pirates, and until they are released from the position of felons and placed in the same condition as other prisoners of war. And I decline receiving any proposals in relation to the hostages whom we are forced unwillingly to treat as felons as long as our fellow-citizens are so treated by the enemy.

7. There are a number of naval officers still confined at Fort Warren for whom I would be willing to give army officers of assimilated grade. For Captain Barron I would give Colonel Hoffman, of Eighth Regiment U. S. Infantry. For Lieuts. Julian Myers, Alexander M. De Bree, Dulany A. Forrest and William T. Glassell I would give captains, and for Midshipmen Henry B. Claiborne and Arthur D. Wharton I would give first lieutenants; also for Midshipmen A. G. Hudgins and William A. Hicks. Please tender this.

Your obedient servant,

J. P. BENJAMIN, Secretary of War.

P. S.-As a number of the officers above offered are at a distance it will take some weeks to get them all to Norfolk.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., January 23, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: General Wool sent a letter yesterday offering to exchange Lieutenant Hurt, of the Virginia Pittsylvania Cavalry, in exchange fir Lieut. D. S. Gordon, Second Cavalry, U. S. Army. Lieutenant Hurt arrived by the flag of truce.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General.

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WAR DEPARTMENT, Richmond, January 24, 1862.

Hon. S. R. MALLORY, Secretary of the Navy.

SIR: In reply to your letter of the 22d instant the Secretary of War directs me to say that he has offered a colonel in exchange for Flag-Officer Barron, C. S. Navy.

Very respectfully, your obedient servant,

A. T. BLEDSOE, Chief of Bureau of War.

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WAR DEPARTMENT, Richmond, January 24, 1862.

Brig. Gen. JOHN H. WINDER, Richmond.

SIR: The following-named prisoners of war have been given in exchange by my orders and you are instructed to have them sent to Norfolk to be forwarded by General Huger to Fortress Monroe:

1. Lieutenant-Colonel Bomford, Eighth U. S. Infantry, exchanged for Lieutenant-Colonel Pegram.

{p.778}

2. Captain Withington, First Michigan, for Captain Sutton, North Carolina.

3. Lieutenant Preston, Fourth Michigan, for Lieutenant Bell, North Carolina.

4. Adjutant Peirson, Twentieth Massachusetts, for Adjutant Poole, North Carolina.

S. Lieutenant Parks, First Michigan, for Lieutenant Lasselle, North Carolina.

G. Dr. William Fletcher for Dr. R. W. Jeffery, Navy.

7, Dr. C. S. De Graw (now at the North) for Doctor Lindsay, Navy.

8. Doctor Connolly for Doctor Page, Navy.

9. First Lieut. R. T. Frank, U. S. Army, for First Lieut. Thomas H. Allen, North Carolina.

10. Second Lieut. William Booth, Second Wisconsin, for Second Lieut. J. G. Moore, North Carolina.

11. Second Lieut. Edmund Connolly, Sixty-ninth New York, for Second Lieut. N. H. Hughes, North Carolina.

12. Second. Lieut. Charles M. Hooper, California Regiment, for Second Lieut. J. W. Hoy, North Carolina.

I am, your obedient servant,

J. P. BENJAMIN, Secretary of War.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., January 24, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: I inclose herewith letters* from Major-General Wool received last evening by flag of truce.

Very respectfully, your obedient servant,

BEN. HUGER, Major-General.

* Omitted here; Wool to Huger, January 23, p. 75, Vol. I, this Series, and Wool to Huger, January 23, p. 365, Vol. II, this Series.

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WAR DEPARTMENT, Richmond, Va., January 26, 1862.

General JOSEPH E. JOHNSTON, Centerville, Va.

SIR: For two months past the enemy without changing professedly the views formerly announced have practically organized a system of partial exchanges of prisoners, which to a certain extent relieves the war of its most repulsive aspect and brings it within the rules established by civilized nations. It is impossible, however, for us to continue these exchanges on the plan introduced by the enemy. I am hourly assailed by propositions from different quarters for partial and individual exchanges.

General Wool has opened a correspondence with General Huger. Commodore Goldsborough has done the same. I have received through General Huger within thirty days no less probably than twenty propositions, sometimes for individuals sometimes for numbers of prisoners. Each proposition involves a correspondence.

The last case before me is that of Lieut. John L. Hurt, who comes on parole with condition that he shall return to prison if not exchanged for an officer of equal rank in the cavalry service of the U. S. Army.

{p.779}

I cannot give up a regular for a volunteer officer. Lieutenant Hurt brings me the inclosed list * of prisoners held by the enemy at Columbus, Ohio, with a verbal statement from General Rosecrans that if we will send a like number of officers and men captured from his command he will give up the prisoners on the list in exchange. Lieutenant Hurt’s parole is from General McClellan through his Adjutant-General, Thomas. A number of other exchanged prisoners came to us on like parole.

I put you in possession of these facts as a preface to a request that you send an officer with a flag of truce to General McClellan proposing to him to establish some general system of exchange by which details equally annoying to him and to us will be avoided. We cannot consent to continue a system so partial in its operation, so cumbersome in detail and so difficult of execution; nor do we see any just ground for distinguishing between prisoners taken at different points or belonging to different commands. This is one general war between the two opposing forces and as its fortunes vary prisoners are taken by each side in different localities.

The usages of civilized warfare require that the commanding generals on each side should agree on a cartel of exchange. General McClellan is commander-in-chief of all the armies of the United States, but we have no such officer in our service. As you, however, are of the highest grade known to us I now intrust you with the power of entering into negotiations with General McClellan by flag of truce for a general exchange for our whole forces. You are therefore requested to send to him the proposition to enter into arrangements for a general exchange of prisoners on fair terms and on some definite basis to be agreed on, and to inform him that if the proposition be unacceptable we regret to be forced to decline making any further exchanges on the anomalous system which now exists and which experience has satisfied us must prove impracticable.

You may at the same time ask if he is willing to deliver up the prisoners on the inclosed list in exchange for an equal number of like grade without reference to the army from which they were captured or the place of capture.

Please report your proceedings under these instructions as promptly as possible.

Your obedient servant,

J. P. BENJAMIN, Secretary of War.

* Not found.

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WAR DEPARTMENT, Richmond, January 26, 1862.

Maj. Gen. BENJAMIN HUGER, Norfolk, Va.

SIR: I. In response to yours of 23d instant inclosing offer of General Wool for exchange of Messrs. Claiborne and Forrest for Maj. James V. Bomford, Sixth Infantry, I remark that Major Bomford has already been tendered for Pegram. I now offer for these two naval officers Maj. D. H. Vinton, U. S. Army. I learn from what seems good authority that Major Vinton, released on parole in Texas, has been and is now in service of the United States at West Point, thus relieving other officers for active service and violating his parole. I hope this statement is not true, but it will be not inopportune to report the matter to General {p.780} Wool and make inquiry into the truth of a report so derogatory to the reputation of Major Vinton.

2. Mr. Edward Taylor, of Cincinnati, will be sent you in exchange for Mr. E. S. Ruggles.

3. I decline the exchange of Lieut. D. S. Gordon, U. S. Cavalry, for Lieut. John L. Hurt, a volunteer officer. Lieutenant Hurt will return to his captors unless a volunteer officer of equal rank is received in exchange.

4. I inclose an open letter to be forwarded to an old friend of mine in New York, counsel for our privateers, in answer to one received from him by flag of truce in relation to the treatment of prisoners. It may be well to peruse it for information before forwarding it.

I am, your obedient servant,

J. P. BENJAMIN, Secretary of War.

[Inclosure.]

WAR DEPARTMENT, Richmond, Va., January 26, 1862.

SAMUEL L. M. BARLOW, Esq., Merchants’ Exchange, New York.

DEAR SIR: Your letter* of the 16th ultimo in relation to the treatment of prisoners reached me on the 18th instant. I had noticed and appreciated the generous spirit with which your firm as well as other members of the New York bar had volunteered their services in defense of the prisoners taken by your Government from the privateer Savannah, but my intimate acquaintance with yourself and partners had led me to expect such action on your part and it excited no surprise. It only served to add to the esteem in which I had always held you. I accept at once as unquestionably true all that you say on the subject of the treatment of our officers and seamen captured on the Savannah, yet you do not because you cannot deny that they are in jail as felons, that men captured at sea in time of open war with national commissions in their possession are on trial for life as pirates.

I may add that I am assured on what seems the best authority that a midshipman of our Navy, either Hudgins or Hicks, perhaps both, is in a felon’s cell and has been put in irons. The officer so treated was captured as prize-master on board of a vessel taken at sea by our national war steamer Sumter, which is habitually designated as a pirate by all your newspapers and is now awaiting his trial too as a felon. In this state of facts you make to me an appeal in behalf of Colonels Lee and Cogswell and other prisoners in our hands and friends of yours.

You know me too well not to be entirely persuaded how abhorrent to my feelings is a contest of cruelty and how joyfully I would extend to these unfortunate gentlemen every kindness and courtesy which could be deemed compatible with our mutual positions. In proof of this I need only point to the fact that the U. S. officers captured in Texas were released on parole and sent home before your Government had shocked and outraged our sense of justice and humanity by its treatment of the prisoners of war taken on the Savannah.

The question, permit me to say, is not whether felons are well or ill-treated in New York or Richmond, in Boston or Charleston. It is whether prisoners of war are to be treated as felons at all. It is whether this war is to be conducted as between civilized nations or savages. God knows how infinitely I would prefer the former and how {p.781} gladly I would hail the news that your Government by abandoning its pretensions that prisoners of war are pirates left me at liberty to loosen the bonds of your friends and to accord to them all the indulgences consistent with their condition as prisoners of war. Until this is done I cannot in the interest of humanity ask of the President to change his policy. In the meantime not even the horrors of this sanguinary conflict can weaken my affection and regard for yourself and family.

Yours, very truly,

J. P. BENJAMIN, Secretary of War.

* See p. 162.

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WAR DEPARTMENT, Richmond, Va., January 27, 1862.

Maj. Gen. M. LOVELL, New Orleans, La.

SIR: The overwhelming pressure of business in this Department causes some unavoidable delay in correspondence. I now acknowledge the receipt of your letters of 13th, 15th, 16th and 17th instant.

...

5. If you arrest a Federal officer as a spy he is to be put to death without the slightest hesitation in accordance with the Articles of War. Tyler’s case to which you refer was not that of a spy; he did not go to a city threatened with attack nor for any hostile purpose; he went simply to see and bring away his wife, and it would have been a barbarous outrage to have considered or treated him as a spy.

6. I have instructed General Joseph E. Johnston to open negotiations with McClellan by flag of truce for a general exchange of prisoners. As soon as I know the result I will try to relieve you of your prisoners.

...

I am, your obedient servant,

J. P. BENJAMIN, Secretary of War.

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BOWLING GREEN, [KY.,] January 27, 1862.

Governor HARRIS, Nashville:

The wounded in the hands of the enemy are prisoners of war. I cannot ask for them except in exchange, and this I am not prepared to do.

A. S. JOHNSTON.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., January 27, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: I inclose herewith copies of letters* from General Wool dated 24th and 25th of January.

A. D. Wharton was a midshipman, U. S. Navy, who had been more than four years in the service; H. A. Gilliam is a major of North Carolina volunteers; William Biggs is a second lieutenant North Carolina volunteers; Second Lieut. J. J. Whitehurst is an officer of North {p.782} Carolina State troops enlisted for the war; W. H. Ward was a lieutenant in the U. S. Navy. In your letter of the 23d you decline to give regulars for volunteers. I therefore will refuse the propositions in regard to Major Gilliam and Lieutenant Biggs. Capt. J. T. Drew has already been offered for Lieutenant Ward and I will decline to offer Captain Prime for him. I will await your decision in regard to Messrs. Wharton and Whitehurst.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

* Omitted here; Wool to Huger, January 24, p. 212, and January 25, p. 214.

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HEADQUARTERS DEPARTMENT OF WESTERN VIRGINIA Wheeling, Va., January 27, 1862.

I, Milton J. Ferguson, on being released by Brig. Gen. W. S. Rosecrans, commanding Department of Western Virginia, do solemnly pledge my honor that I will procure the release of Lieutenant-Colonel Neff, now a prisoner in the hands of the C. S. authorities, or on failing to do so will deliver myself into the custody of General Rosecrans, and will not meanwhile, until the exchange is effected or I return, do any act hostile to the Government of the United States nor give aid or information to its enemies.

MILTON J. FERGUSON.

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VIRGINIA, January 27, 1862.

I, Milton J. Ferguson, a military prisoner, subject as such to the order of General William S. Rosecrans and also a prisoner of the District Court of the United States for the Western District of Virginia, holding at Wheeling, being desirous to effect an exchange between myself and Lieutenant-Colonel Neff (of a regiment of Kentucky volunteers), being taken prisoner by the Confederate Army at Scary, on the Kanawha River, and now a prisoner of the Confederate Army, and the said General Rosecrans proposing to allow the said Ferguson to make the trial to obtain such exchange provided said court will release said Ferguson on his parole, and the said court, through the district attorney, has assented to the same: Now, therefore, I, Milton J. Ferguson, do hereby pledge my parole of honor that in the event I fail to obtain such exchange and to procure the release of said Colonel Neff within sixty days from the date hereof I will surrender myself a prisoner to the jailer of Ohio County, in the town of Wheeling, there to be kept as a prisoner of the said court until discharged by a due course of law.

Given under my hand the day and year above written

MILTON J. FERGUSON.

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WAR DEPARTMENT, Richmond, January 28, 1862.

Maj. Gen. BENJAMIN HUGER, Norfolk, Va.

SIR: I have your letter of the 27th instant in relation to exchanges proposed by Maj. Gen. John E. Wool in his letters to you of the 24th and 25th instant. 1 will give Lieutenant Van Horn, of Eighth U. S. Infantry, in exchange for Midshipman Wharton. Lieutenant Van Horn has been ordered here from Texas and will be sent you on his arrival.

{p.783}

I decline all the other exchanges proposed by General Wool as unequal. I will return to him volunteer officers of equal grades with those sent us in exchange. If he declines this our officers will be returned to him.

Your obedient servant,

J. P. BENJAMIN, Secretary of War.

[Indorsement.]

General Wool notified January 30.

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RICHMOND, January 28, 1862.

Col. JOHN S. PRESTON, Columbia, S. C.:

You are ordered to assume command of the prisoners and special guard at Columbia.

J. P. BENJAMIN, Secretary of War

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RICHMOND, VA., January 28, 1862.

ADJUTANT AND INSPECTOR GENERAL C. S. ARMY, Richmond, Va.

SIR: I have the honor to request that First Lieut. Robert Campbell, Seventy-ninth New York Regiment, be granted a leave of twenty days, within which time he shall obtain the release from his parole of First Lieut. A. R. H. Ranson, adjutant Twentieth Virginia Volunteers, or failing to do this return to this city. The name of Lieutenant Campbell is suggested by Brigadier-General Winder, and my knowledge of the efficiency of Lieutenant Ranson makes me thus urgent in his behalf.

I am, sir, very respectfully, your obedient servant,

JNO. PEGRAM, Lieutenant-Colonel, Provisional Army, Confederate States.

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NORFOLK, January 30, 1862.

General S. COOPER:

Colonel Dimick informs me that fifteen officers and 380 [privates] will be released from prison at Fort Warren and sail for this place on the 3d February. The merchant seamen are also to be released.

BENJ. HUGER, Major. General.

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WAR DEPARTMENT, Richmond, Va., January 31, 1862.

Maj. Gen. B. HUGER, Norfolk, Va.

SIR: The newspapers announce the early arrival of two gentlemen from the United States, Messrs. Hamilton Fish and Bishop Ames, charged by the enemy with some mission the exact nature of which we do not fully comprehend in relation to the prisoners of war held by us. As these gentlemen will probably present themselves under a flag of truce within your command I deem it prudent to inform you in advance of the views of the Government. You are therefore instructed if these {p.784} gentlemen present themselves to direct the officer of your boat to inform them that he will cheerfully take charge of any communication they may have addressed to you or any other public officer and that an answer will be sent them at Fort Monroe. If they ask to have an interview with you the officer will inform them that he will communicate to you their desire for an interview and will send them an answer at Fort Monroe whether you can receive their visit and will ask them to give him a written request addressed to you soliciting an interview and explaining the object for which they seek it.

You are requested to communicate to the Department whatever may occur between your officer and these visitors before sending them an answer, and not to permit them to come to Norfolk until you receive special instructions to that effect.

Your obedient servant,

J. P. BENJAMIN, Secretary of War.

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CENTERVILLE, February 1, 1862.

Hon. J. P. BENJAMIN:

Are naval prisoners and privateersmen to be included in arrangement for exchange?

J. E. JOHNSTON.

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RICHMOND, February 1, 1862.

General JOSEPH E. JOHNSON, Centerville:

Endeavor by all means to include naval men and privateersmen in arrangements for exchange.

J. P. BENJAMIN, Secretary of War.

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WAR DEPARTMENT, Richmond, February 2, 1862.

Maj. Gen. BENJAMIN HUGER, Norfolk, Va.

SIR: Your proposition of the 30th ultimo* relative to the exchange of Capt. M. Berry, late of the New York and Charleston line of steamers and now confined in Fort Warren, for Capt. J. T. Morrill, late master of the steam transport Osceola, is approved. You will please take the proper measures to have the exchange effected.

Your obedient servant,

J. P. BENJAMIN, Secretary of War.

P. S.-Captain Morrill will be sent to you immediately.

J. P. B.

* Not found.

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HEADQUARTERS WESTERN DEPARTMENT, Bowling Green, February 2, 1862.

Captain LINDSAY, Nashville:

Did you get my order to send the prisoners to North Carolina?

W. W. MACKALL, Assistant Adjutant-General.

{p.785}

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., February 2, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: I had observed the announcement in the Northern papers of a mission to be sent to us and had given my instructions to the aide-de-camp in charge of flag of truce (Lieut. J. Preston) how to act in case these gentlemen presented themselves. On receiving your letter of the 31st ultimo giving me your directions on this subject I was gratified to find that I had anticipated them in almost every particular, the course I proposed to pursue being identical with that prescribed by you. I have no further accounts of these gentlemen as yet.

I remain, very respectfully, your obedient servant,

BENJ. HUGER, Major-General.

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WAR DEPARTMENT, Richmond, Va., February 3, 1862.

General JOSEPH E. JOHNSTON, Winchester, Va.

SIR: I responded to your telegram last evening about the exchange of prisoners. I take it for granted that McClellan’s first step (if he accedes to anything at all) will be to arrange for a meeting of commissioners to be sent by both of you to some common point to agree on some terms of exchange. If so it is most desirable that all questions of exchange should be closed. I would not, however, refuse to exchange army prisoners simply on the ground of their refusing to exchange the naval and privateersmen. We can force them on that point by retaining the hostages and refusing to exchange them. General Wool had the hardihood to propose to exchange the privateer Smith, condemned to death, for Colonel Corcoran. So impudent and unblushing an attempt was of course treated with contempt. Smith was a seaman and Corcoran a colonel. We keep their field officers in close confinement as hostages, but we have of course not the remotest idea of exchanging except for equal numbers of equal grade.*

...

Your obedient servant,

J. P. BENJAMIN, Secretary of War.

* Omitted portion pertains to army matters.

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RICHMOND, VA., February 3, 1862.

Hon. J. P. BENJAMIN, Secretary of War of the Confederate States of America.

SIR: I have the honor to inform you that I was taken prisoner by the forces of the United States Government at the surrender of Fort Hatteras on the 29th of August last and have since then until the 21st ultimo been held as prisoner in the Northern forts. On that day, 21st of January, 1862, I was released upon my parole to return and surrender myself to the commanding-officer at Fort Warren, Boston Harbor, at the expiration of thirty days unless within that time I. V. D. Reeve, major, U. S. Army, shall be unconditionally released from his parole of honor, and if Major Reeve is already released then I am to effect the unconditional release of Maj. C. C. Sibley, U. S. Army, from his parole {p.786} of honor. I respectfully ask that Major Reeve may be released from his parole by your order that I may be set at liberty and return to duty with my regiment.

I have the honor to be, very respectfully,

H. A. GILLIAM, Major Seventeenth Regiment infantry, North Carolina Volunteers.

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WAR DEPARTMENT, Richmond, February 3, 1862.

Hon. A. BIGGS, Williamston, N. C.

SIR: Your letter of January 28 has been received. The proposed exchange of your son, Lieut. W. Biggs, and B. R. Holt for Lieut. W. E. Merrill, of the U. S. Engineer Corps, cannot be made as it is unequal and unfair; but I have authorized General Huger to make a fair and equal exchange and hope to get it for your son.

Respectfully,

J. P. BENJAMIN, Secretary of War.

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HDQRS. ADVANCE GUARD, CENTRAL ARMY OF KENTUCKY, Bell’s Tavern, February 3, 1862.

Capt. W. D. PICKETT, Assistant Adjutant-General.

SIR: I forward herewith reports* of Capt. John H. Morgan and Lieut. B. W. Duke of expeditions lately made by them by my orders. I also send by train the prisoners taken by the former. A man named Reed, of Captain McNeill’s company, First Arkansas Cavalry Battalion, who was taken sick in Monroe County on a scout made by Captain Newton, was made prisoner by the Federals and taken to Columbia.

I propose to send a flag of truce to Columbia offering to exchange one of the soldiers taken by Captain Morgan for Reed. Information might be gained in that quarter.

General R. W. Johnson expressed a desire to exchange the prisoners taken at Fishing Creek for Willich’s men captured at Woodsonville, and to exchange Surgeon Cliffe for Captain Prime.

Please advise me on the subject.

Very respectfully,

T. C. HINDMAN, Brigadier-General, Commanding.

* Omitted.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., February 4, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: I transmit inclosed General Wool’s letter* to me and the instructions* of the Secretary of War to Rev. Mr. Ames and Hamilton Fish, esq. I will write a note to General Wool acknowledging the {p.787} receipt of these documents and inform him I had forwarded them to my Government for instructions and will communicate with him as soon as I have received their reply.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

* Omitted here; Wool to Huger, February 4, p. 235; Stanton to Ames and Fish, January 30, p. 222.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va. February 4, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: I transmit you herewith copy of letter* dated January 31 from Col. J. Dimick, commanding Fort Warren. These 400 prisoners are I presume all that remain of those captured at Fort Hatteras. I will request General Wool to allow the transport to run up the Roads under the white flag, and I will send a steamer alongside and take the men off. I have informed the authorities at Raleigh of the intended release of these men, and suppose I had best hurry them off to their homes on parole or furlough as I have no accommodations for them here.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, C. S. Army.

P. S.-I telegraphed to this effect last night.

* Omitted here; inclosed by Wool to Huger, February 3, p. 233.

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OFFICE OF COMMISSARY OF SUBSISTENCE AND QUARTERMASTER CAVALRY BRIGADE, Gainesville, Prince William County, Va., February 5, 1862.

His Excellency JEFFERSON DAVIS, President of the Confederate States.

SIR: I hope you will pardon this intrusion. A sense of duty alone impels me to write to you, and if you will not consider it presumption, utter a word of warning. I see that Rev. Bishop Ames, of the Methodist Episcopal Church in the United States, has accepted the appointment as one of the proposed visitors and inspectors of Richmond prisoners of war and their prisons. I know not whether they will be allowed to enter our lines and prosecute their mission or not. I do, however, know Bishop Ames. He has been for many years a shrewd and potent politician. I am myself a Methodist preacher and have been for nineteen years. I have been a member of the Baltimore Conference, stationed for some years past in Baltimore and Washington cities. I was in charge of a congregation in Baltimore when our present troubles burst forth upon us. I resigned my congregation in June and came to my native Virginia to do whatever I might for her and the South. I was immediately called into the activities of the present struggle-first as a lieutenant in a company of mounted riflemen, then through Col. J. E. B. Stuart’s solicitations and recommendation you gave me the appointment of chaplain to the First Virginia Cavalry, and subsequently my present position upon General J. E. B. Stuart’s staff as major and chief of staff to his brigade. Excuse this apparent {p.788} announcement of myself rather than another, about whom I proposed writing. I hope it will enable you the better to appreciate the feeble monitions I desire to express and the motives that prompt it.

For many years the Methodist Episcopal Church, of which I am an humble minister, has been fearfully agitated and cursed by the same class of fanatics that have now brought this terrible disaster upon the nation. It was in vain that we of the border strove to stem this maddened current. It swept onward and onward despite all varieties of pleadings and remonstrances, bearing down one safeguard after another, till it reached its culmination in the legislation of our late general conference, held in Buffalo last May one year. Subsequently the ministers and the laity of our conference voted themselves from under the jurisdiction of the said general conference. In all this protracted controversy Bishop Ames’ sympathies, and indeed most of our bishops, were with the North. I know Bishop Ames to be an uncompromising anti-slavery man not to say abolitionist. He with other members of the bench of bishops sought to impress upon the present President of the United States and his Cabinet upon their accession to power the fact that the Methodist Church, very numerous in the North and West, had peculiar claims upon the Government for a liberal share of the spoils of office, as they had so largely contributed to Mr. Lincoln’s election, at the same time disavowing any particular claim upon the outgoing Administration. I might detail many facts to corroborate this representation of the dangerous and corrupt antecedents of this high church dignitary but I fear it might weary you. Suffice it to say that I am positively certain from personal knowledge that Bishop Ames, with many others whom I might name of high position in our church in the North, have aided most fearfully by the influence of their position and their known sentiments to augment the power of the abolition party in the North, and to precipitate the horrid and unnatural alienation and bloody war in which we are now engaged. We are now forced to the terrible necessity in the vindication and defense of our most sacred and cherished rights to sacrifice many of the best and noblest of our brothers upon freedom’s altars; but let us meanwhile beware of those who have forced us into this attitude of defense against the most iniquitous and oppressive tyranny ever attempted to be imposed upon an enlightened people.

Allow me in conclusion, Mr. President, to warn you against this astute politician, who in the garb of a Christian minister and with the specious plea of “humanity” upon his lips, would insinuate himself into the very heart of that Government whose very foundation he would most gladly sap and destroy. You can make any use of this letter your judgment dictates, and if you deem it unworthy of attention you will pardon the liberty I have taken in view of the patriotic motives which have prompted it. I respectfully refer you to Wyndham Robertson, esq., of your city, if you deem it necessary to know me further before considering the information I have communicated.

Most respectfully, your obedient servant,

DABNEY BALL.

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WAR DEPARTMENT, Richmond, February 6, 1862.

Hons. JAMES A. SEDDON and CHAS. M. CONRAD.

GENTLEMEN: I have received through General Huger (to whom communication was made by General Wool, the enemy’s commander at {p.789} Fortress Monroe) the inclosed copy of a letter* addressed by the Hon. Edwin M. Stanton, Secretary of War of the United States, to the Rev. Bishop Ames and the Hon. Hamilton Fish.

From this letter you will perceive that the Government of the United States has appointed the two last-named gentlemen commissioners charged with the duty of visiting and providing for the comfort of the prisoners of war taken by us from the enemy, as well as obtaining “all particulars useful” to be known by this Government (the Government of the United States) “for the purpose of effecting their exchange or release.”

I cordially welcome this proposition which as you are aware is in entire accordance with the views always entertained by this Government, and desire to meet the proposal of the Secretary of War of the United States more than halfway. I propose to render unnecessary that part of the mission intrusted by him to the commissioners he has selected which relates to supplying the wants and providing for the comfort of the prisoners of war by exchanging them all, man for man and grade for grade, on equal terms, and thus restoring them to their country and their homes.

With this view you have been selected as commissioners to meet the two commissioners sent by the enemy. Having been assured in advance of your willingness to accept this honorable and humane mission I now communicate for your guidance the following instructions:

1. You will proceed to Norfolk and communicate with General Benjamin Huger, commanding there, who is instructed to take such measures as may be right and proper to procure you a safeguard and passage to Fortress Monroe, where Messrs. Ames and Fish are now awaiting an answer to their communication, with the view of acceding at once to the proposition of exchange and of release of prisoners of war on equal terms, thus sparing those gentlemen the necessity of further travel in the accomplishment of their humane purpose.

2. If it shall be for any reason unacceptable to the enemy that you should hold your interview with Messrs. Ames and Fish at Fortress Monroe your communication with them may take place on board of a cartel vessel between the strongholds of the two nations, as is usual in such cases between belligerent powers.

3. You are empowered to agree with Messrs. Ames and Fish for a general exchange of prisoners of war on equal terms, man for man and officer for officer of equal grade, assimilating the grades of officers of the army and navy in accordance with established usage where necessary, and agreeing upon equitable terms for the number of men or officers of inferior grade to be exchanged for any officer of higher grade when the occasion shall arise for such an exchange.

4. If upon the conclusion of such exchange either party shall remain possessed of prisoners of war for whom the other can offer no exchange the party remaining in possession of prisoners shall grant to the other the permission to keep and maintain a commissary-general of prisoners within the country where the prisoners are kept, in accordance with the laws of war and international usage in modern times.

5. Or you may go even further and agree-inasmuch as it is believed that we possess more prisoners of war than the enemy-that we will release all the surplus prisoners on parole, with the agreement that any prisoners of war taken from us by the enemy shall be restored to us in exchange as fast as captured, and that this system shall be {p.790} continued through the war, so that on all occasions either party holding prisoners shall so hold them only on parole till exchanged, the prisoners being allowed to remain in their own country till the exchange is effected.

The foregoing instructions will fully satisfy you that we do not intend to allow the enemy to go further than we are ready to go in the honorable effort to change the past system on which this war has been conducted, and that we earnestly desire to mitigate its severity to the utmost extent compatible with our safety and the maintenance of our rights.

I have said nothing on the subject of our privateers recently treated as felons because I have been gratified to find from the statements of the public journals that these captives are henceforth to be treated as prisoners of war. It is, however, so extremely unsafe to rely on newspaper statements that it will be well for you to request an official assurance of this fact from Messrs. Ames and Fish, in order that the prisoners held by us as hostages be at once relieved from their exceptional condition and comprehended in the general exchange.

Your obedient servant,

J. P. BENJAMIN, Secretary of War.

* Omitted here; see p. 222.

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WAR DEPARTMENT, Richmond, Va., February 6, 1862.

Major-General HUGER, Norfolk, Va.

SIR: I have received your letter of the 4th instant with its inclosures relative to the mission of Messrs. Ames and Fish. The matter has been considered in Cabinet meeting, and I send you the result in the form of a letter to be addressed by you to General Wool. If our proposal is accepted please telegraph to me immediately to send Messrs. Seddon and Conrad and they will proceed at once to Norfolk. It is not thought necessary that they go now as it may be that some days will elapse before you get an answer, or our proposal may be declined altogether.

Your obedient servant,

J. P. BENJAMIN, Secretary of War.

[Inclosure.]

Form of letter to be written to General Wool.

GENERAL: I have communicated to my Government as announced in my letter of the 4th instant your letter to me of that date, with the copy of the instructions of the Secretary of War of the United States addressed to the Rev. Bishop Ames and Hon. Hamilton Fish.

I am happy to inform you that the proposition contained in the letter of instructions is cordially welcomed, and that in order to more effectually accomplish the humane purpose so justly lauded by you the Secretary of War of the Confederate States has appointed the Hon. James A. Seddon and Hon. Charles M. Conrad commissioners to meet and confer with Messrs. Ames and Fish with instructions, a copy* of which is herewith inclosed.

These honorable gentlemen, commissioners, propose to spare Messrs. Ames and Fish the necessity of travel to Richmond and other places in the South by agreeing at once to the restoration of all the prisoners to {p.791} their homes at once on terms of equal exchange, and with that view to confer with Messrs. Ames and Fish at Fort Monroe, anticipating that you will previously transmit to me such safeguard as will secure their protection. If this, however, should not be acceptable to you I will accede to any arrangement you may desire for the meeting of these four gentlemen on a cartel vessel as is usual between belligerent powers on such occasions.

I am, very respectfully, your obedient servant,

* See p. 785, ante.

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HEADQUARTERS DEPARTMENT No. 1, New Orleans, La., February 6, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: ...

3. The Federal prisoners, 493 in number, will leave to-day for Salisbury, N. C., pursuant to telegraphic order from General Cooper. ...

Respectfully, your obedient servant,

M. LOVELL, Major-General, Commanding.

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HEADQUARTERS WESTERN DEPARTMENT, Bowling Green, Ky., February 6, 1862.

Brig. Gen. T. C. HINDMAN, Commanding Advance Guard, Central Army of Kentucky.

GENERAL: I inclose to you copies of a letter from Brig. Gen. D. C. Buell, U. S. Army, to General Johnston, and the reply of the latter.* General Johnston directs that the letter to General Buell be sent under a flag to the outposts of the U. S. Army and that when you are notified that an officer of corresponding rank is ready to meet you you proceed to such place as you may mutually agree upon and draw up a convention for a general exchange of prisoners on the basis offered by General Buell and accepted by General Johnston. The proposition of General Johnston to remove the medical officers of the Army from the list of prisoners of war commends itself so clearly on the grounds of humanity that he does not doubt that it will be acceded to with such proper restrictions as may be agreed upon by the commission.

Very respectfully, your obedient servant,

W. W. MACKALL, Assistant Adjutant-General.

* Both omitted here; see Union Correspondence, pp. 231, 243.

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HEADQUARTERS WESTERN DEPARTMENT, Bowling Green, February 6, 1862.

Captain LINDSAY, C. S. Army, Commanding at Nashville.

CAPTAIN: You will release Captain Prime, U. S. Army, and Major Helveti, Kentucky cavalry. You will send them with an officer to act as an escort to be reported at these headquarters, provided these gentlemen are sufficiently recovered from their wounds to travel. If not you will inform them that they have been exchanged and will be at {p.792} liberty, and will be expected to avail themselves of the liberty to return home at the earliest period permitted by their wounds.

I am, sir, very respectfully, your obedient servant,

W. W. MACKALL, Assistant Adjutant-General.

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WAR DEPARTMENT, Richmond, February 7, 1862.

Lieut. JOHN L. HURT, Pittsylvania Court-House, Va.

SIR: On the 24th ultimo I received a letter from Major-General Huger informing me that General Wool had offered you in exchange for Lieut. D. S. Gordon, Second Cavalry, U. S. Army. Viewing this proposal as unequal I declined it, expressing at the same time my willingness to exchange a volunteer officer of equal rank for you. I have received no other offer for you except Lieut. D. S. Gordon and whenever an equal one is tendered I will cheerfully accept it. I expect soon to succeed.

Your obedient servant,

J. P. BENJAMIN, Secretary of War.

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HEADQUARTERS DEPARTMENT OF NORTHERN VIRGINIA, Centerville, February 7, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: I had the honor to receive your letter of the 3d instant by the last mail. On the 2d instant I sent Lieutenant-Colonel Harrison, Virginia cavalry, with a proposition to Major-General McClellan for an exchange of prisoners of war. That officer was stopped by the enemy’s pickets near Falls Church and his dispatches carried to Brigadier-General Wadsworth at Arlington. That officer informed Lieutenant. Colonel Harrison that they were promptly forwarded to General McClellan. He waited for the answer till yesterday, when being informed by Brigadier-General Wadsworth that he could form no opinion as to the time when it might be expected he returned.

...

Most respectfully, your obedient servant,

J. E. JOHNSTON, General.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., February 8, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: I inclose herewith copies of letters* received from General Wool yesterday afternoon.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

* Omitted here; Wool to Huger, February 7, three letters, p. 244.

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HALL OF CONGRESS, February 8, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

DEAR SIR: I beg to call your attention to a fact that has recently been brought to my notice by a returned Hatteras prisoner. It is this: While our Government transports at its own expense and without {p.793} charge all released prisoners from the place of their confinement to the point at which they are transferred the United States Government except in cases where a conveyance by ship has been resorted to leaves our own men when discharged to find their way to Fortress Monroe at their own expense exclusively. This is very unequal and would have proved a source of great inconvenience to our officers and men but that they were able to borrow funds to meet their expenses of friends in the Northern cities. If the practice is persisted in at the North it may occasion no inconsiderable trouble hereafter should other of our soldiers be captured and carried to distant places.

Very respectfully, &c., your obedient servant,

W. N. H. SMITH.

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HEADQUARTERS WESTERN DEPARTMENT, Bowling Green, February 9, 1862.

Captain PRIME, U. S. Army:

General Johnston in making your exchange and permitting you to rejoin your army by the most convenient line expects that no information you have gained by intercourse permitted with friends in Nashville or observations made in your journey will be used by you to the prejudice of this army. Be pleased to communicate this to Major Helveti.

Respectfully, your obedient servant,

W. W. MACKALL, Assistant Adjutant-General.

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HEADQUARTERS DEPARTMENT OF HENRICO, Richmond, Va., February 10, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: Col. W. J. Willey, Thirty-first Militia Virginia Volunteers; Col. M. J. Ferguson, One hundred and sixty-seventh Regiment Virginia Militia: Lieut. William B. Compton, on General Garnett’s staff, and Private Hurston Spurlock, have just arrived from prison at Wheeling. The proposition is to exchange Colonel Willey for Colonel Woodruff; Colonel Ferguson for Lieutenant-Colonel Neff; Lieutenant Compton for Lieutenant Comly, Ohio, and Private Hurston Spurlock for some private. Paroled for sixty days to endeavor to effect the exchange.

Respectfully submitted.

Your obedient servant,

JNO. H. WINDER, Brigadier-General.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., February 10, 1862.

Brig. Gen. J. H. WINDER, Commanding Department of Henrico.

SIR: General Martin has written me a letter in reference to the exchange of Lieut. Thomas H. Allen which I herewith inclose. I find that we offer Lieutenant Frank, U. S. Army, for Lieutenant Allen and have written to General Martin that Lieutenant Frank has been sent {p.794} for. The exchanges proposed by the enemy for Maj. H. A. Gilliam and Lieut. J. J. Whitehurst, North Carolina volunteers, have both been declined by Secretary of War, on the ground that he will not give regulars for volunteers. As these gentlemen must return to Fort Warren on the 21st instant unless exchanged please authorize me to name officers who will be sent for them.

By command of Major-General Huger:

BENJ. HUGER, JR., Captain and Assistant Adjutant-General.

[First indorsement.]

FEBRUARY 12, 1862.

Respectfully referred to the Secretary of War.

JNO. H. WINDER.

[Second indorsement.]

Shall any one be sent for Major Gilliam and Lieutenant Whitehurst, and if so whom shall I send?

[J. P. B.]

* Not found.

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HDQRS. DEPARTMENT OF NORTHERN VIRGINIA, Centerville, February 11, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: On the morning of the 2d instant I dispatched to Major-General McClellan a proposition for the general exchange of prisoners of war according to modern usage. He was informed that the proposition was made under authority received from you. According to some of the Northern newspapers this letter was the subject of a Cabinet council at which General McClellan assisted. No answer has been received and it is now reasonable to suppose that none is intended. Under such circumstances permit me to suggest the propriety of at least suspending the unprecedented mode of exchange now practiced.

Most respectfully, your obedient servant,

J. E. JOHNSTON, General.

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KEY WEST, FLA., February 11, 1862.

Hon. J. P. BENJAMIN, Secretary of War of the Confederate States of America.

HONORABLE SIR: On the 5th of last November myself and twenty-six others left the city of Charleston, S. C., on the schooner Beauregard for the purpose of privateering and destroying the vessels of our Northern enemies under a commission of our honored President, and on the 12th of November we were captured by a Northern bark called the William G. Anderson, commanded by one William C. Rogers, and were brought to this place, and on the 20th of November put into the county jail where we have been closely confined ever since.

Our situation since our capture has been truly a deplorable one and we have suffered under almost every privation, such as the want of necessary food, of good water, want of necessary exercise, together with every indignity while on the bark, such as the most scurrilous language from the officers and commander, and fed for nine days {p.795} on ship biscuit and water only. At this place our fare is but little better, being one of the coarsest kind and as filthy as it is possible to imagine. My object in this instance is to call upon you and the proper authorities to see if you cannot do something to relieve us from our sufferings. All of us are ready and willing at any moment to do all that lies in our power to assist our country in defending its rights to the fullest extent of our ability. The people of this Island are at least two-thirds in favor of the South, but they have been compelled to take the oath of allegiance to the Northern Government and are continually watched with the strictest vigilance. There are now 3,500 Northern troops on the Island and many more expected daily. Anarchy reigns rampant on this Island.

Very respectfully, your obedient servant,

A. LILLY.

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HDQRS. DEPT. OF ALABAMA AND WEST FLORIDA, Mobile, Ala., February 12, 1862.

Hon. J. P. BENJAMIN, Secretary of War, Richmond, Va.

SIR: Upon the receipt of Lieutenant-Colonel Blount’s report (with your indorsement) of a threatened conspiracy in Winston County, Ala., I dispatched an intelligent officer to Montgomery to confer with the Governor of the State, and from there to proceed to Tuscaloosa to investigate the condition of the prisoners and inspect them and their place of confinement. He returned last night and makes me a very satisfactory report, Lieutenant-Colonel Blount had previously made similar reports to myself and Governor Shorter, which upon investigation early in January proved to have little or no foundation. I inclose you a copy of my instructions and the reply of the commanding officer of the guard at Tuscaloosa made at that time. He considers himself and command, as well as the prisoners, independent or my authority, as they were ordered there by General Winder and were not reported to me. But I shall assume such jurisdiction as may be necessary for the security of the place. The guard is in very bad health, resulting mostly from measles, but the citizens are aiding and I do not deem any addition necessary, especially as the prisoners cannot escape from the country even if they do from the prison. Two recently tried it and had to surrender in a starving condition. It is not inappropriate for me to remark that I had no knowledge of Lieutenant-Colonel Blount’s command being in the Confederate service, and have now directed him to make all reports and returns to and through my headquarters so as to save you from these matters of detail.

I am, sir, very respectfully, your obedient servant,

BRAXTON BRAGG, Major-General, Commanding.

[Inclosure No. 1.]

HDQRS. DEPT. OF ALABAMA AND WEST FLORIDA, Near Pensacola, Fla., January 4, 1862.

Capt. E. GRISWOLD, Commanding Prison, Tuscaloosa, Ala.

SIR: I have the honor to acknowledge the receipt of your communication of the 23d ultimo, inclosing a list of prisoners sent from Montgomery and Pensacola. The general commanding wishes you to furnish {p.796} these headquarters with a complete list of the prisoners confined at Tuscaloosa, and also to make a monthly report of the guard, its strength, condition, &c.

...

Very respectfully, &c.,

GEO. G. GARNER, Assistant Adjutant-General..

[Inclosure No. 2.]

HDQRS. DEPT. OF ALABAMA AND WEST FLORIDA, Near Pensacola, Fla., February 1, 1862.

Capt. E. GRISWOLD, Commanding Prison, Tuscaloosa, Ala.

CAPTAIN: I am directed by the general commanding to call your attention to a letter addressed to you on the 4th ultimo requiring a report to be made this office of the number of prisoners confined at Tuscaloosa, and the strength of the guard. Together with a list of the prisoners you will send a monthly report of the guard, and continue to do the same as called for in my letter.

I am, sir, very respectfully, your obedient servant,

GEO. G. GARNER, Assistant Adjutant-General.

[Enclosure No. 3.]

C. S. MILITARY PRISON, Tuscaloosa, February 5, 1862.

Maj. GEORGE G. GARNER, Assistant Adjutant-General.

SIR: Yours of the 1st of February, 1862, calling my attention to a communication addressed me by you on the 4th of January last, and inclosing copy of a Special Order, No. 41, issued by Major-General Bragg, is received. The delay in answering yours of the 4th of January arose from the difficulty in finding a proper agent under General Bragg’s instructions to proceed to the reported disaffected district to obtain the information he requires. It was necessary to procure an intelligent and reliable man acquainted with the habits of that people. There are, I find, but few such men here who have often visited and are familiar with the people in that neighborhood. After considerable necessary delay I found that a Mr. John Winston, of Eutaw, represented as a reliable and competent person, was going to that vicinity on business. As directed by General Bragg I gave him verbal instructions to ascertain if the rumored encampment existed, its extent and purpose, and the general sentiment of the people in that part of the country, and particularly whether any open or latent hostile views likely to do injury to our cause existed there. Immediately after his return and report, I was obliged to go to Montgomery to raise money upon a sanctioned estimate to procure supplies for the prisoners, it being impossible to procure funds here. The report of this agent was of such a nature that I did not deem it important to require them to put it in writing. He reports that there had been a gathering in a camp professedly for hunting; that none now existed; that while a large number of the people are Union men everything was quiet and no hostile sentiment likely to be injurious existed. In regard to that portion of your communication of the 4th ultimo instructing me to make a monthly report, &c., I referred {p.797} it to headquarters at Richmond, and have as yet received no reply. General Bragg will do me the justice to believe that my sole ambition in the service is to do my duty, and that I recognize the highest duty of a soldier to be to obey orders, and I should feel it an honor to serve under his orders, at the same time I would most respectfully submit to him the consideration that I was sent here by order of Brigadier-General Winder, commanding prisoners of war, and without any instructions to report to the commandant of this military district. I have been acting under General Winder’s orders and it is possible that from want of concert I might receive contradictory or inconsistent orders from Richmond and the headquarters of this military department. This would place me, without any fault of mine, in a most embarrassing situation. For these reasons I referred that portion of your communication to Richmond, and not from want of respect to Major-General Bragg or want of disposition to obey his orders. In the meantime that I may be entirely right I inclose a return* of all prisoners confined under my charge, and monthly report* of the guard, &c.

Trusting that this will meet the approval of General Bragg, I am, sir, very respectfully, your obedient servant,

E. GRISWOLD, Captain.

* Not found.

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WAR DEPARTMENT, Richmond, February 13, 1862.

Midshipman A. D. WHARTON, Nashville, Tenn.

SIR: On the 13th of December last Lieut. M. A. Parks was tendered in exchange for you and General Huger was instructed to make the offer. This it appears was not accepted. On the 24th of January, 1862, General Wool tendered you in exchange for Lieutenant Van Horn. On the 28th of the same month the Secretary of War accepted the offer and tendered Lieutenant Van Horn in exchange for yourself.

Your obedient servant,

ROBT. OULD, Assistant Secretary of War.

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WAR DEPARTMENT, Richmond, February 14, 1862.

Maj. Gen. BENJAMIN HUGER, Norfolk, Va.

SIR: On the 23d ultimo I wrote to you as follows:

By your letter of 11th instant you informed me that you had offered to Commodore Goldsborough Lieut. William G. Jones for Lieutenant Sayre, of Marine Corps. By your letter of 20th instant you state that you offered Lieutenant Dickinson for Tattnall before getting instructions to offer him for Sayre. By my two letters of the 29th of December you are instructed to offer Dickinson for Sayre and Jones for Tattnall. I do not see who has been given to us for Jonas and yet you ask for another lieutenant to be given for Sayre. Please explain.

Lieutenant Sayre is now here, and as the time named in his parole is about to expire feels very anxious about his exchange. I have already notified you that I had ordered Lieutenant Jones to be sent to you. I understand also that Lieutenant Dickinson has been sent North. {p.798} Was he exchanged for Tattnall and is it understood that Lieutenant Jones is to be exchanged for Sayre? I again call your attention to this matter and request that you will make an early reply.

Your obedient servant,

J. P. BENJAMIN, Secretary of War.

P. S.-By the terms of Lieutenant Sayre’s parole he was to be exchanged for Dickinson and it may be well to inform the enemy that that exchange is considered as already made and that Jones is now sent for Tattnall.

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RICHMOND, February 14, 1862.

Brig. Gen. J. H. WINDER, Richmond, Va.

SIR: The bearer of this, W. M. T. Thompson, was a private in the Second Mississippi Regiment and was taken prisoner at the battle of Manassas. He was subsequently released on his parole. Please give a prisoner for him and thus relieve him from his parole.

Your obedient servant,

ROBT. OULD, Assistant Secretary of War.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., February 14, 1862.

General S. COOPER, Adjutant and Inspector General.

SIR: A small steamer that went to Roanoke Island with a flag of truce arrived this morning with the bodies of Capts. O. J. Wise and Coles and Lieut. W. B. Selden. It brings me a letter from General Burnside* stating that he took over 2,500 officers and men and proposes to release them at once on parole until exchanged. I have accepted his proposal. I also have a dispatch from Brigadier-General Wise. He had abandoned the position at Currituck Bridge and fallen back to Currituck Court-House. I understand he will further fall back to Great Bridge. In another letter he speaks of moving across toward Elizabeth City. I have no news of any movements of the enemy on the Chowan.

I have the honor to be, with great respect, your obedient servant,

BENJ. HUGER, Major. General.

P. S.-I also send copy of a letter** received from Major-General Wool yesterday on the subject of exchanges.

B. H.

* Burnside to Huger, February 12, p. 256.

** Omitted here; Wool to Huger, February 13, p. 259.

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HEADQUARTERS DEPARTMENT No. 1, New Orleans, La., February 15, 1862.

Hon. J. P. BENJAMIN, Secretary of War, Richmond, Va.

SIR: ...

There are 500 blankets remaining here which were not issued to the prisoners of war when the other articles sent by the United States Government were distributed. I had ordered a supply of blankets, {p.799} comforts, &c., to be given the prisoners before the receipt of the clothing from the North and therefore withheld the issue of these blankets. I have now to request that you will instruct me whether I shall turn these blankets in to the quartermaster to replace those I ordered to be issued or forward them to Salisbury, N. C., whither the prisoners have been removed.*

...

Very respectfully, your obedient servant,

M. LOVELL, Major-General, Commanding.

* Parts omitted have no reference to prisoners.

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WAR DEPARTMENT. Richmond, February 16, 1862.

Maj. Gen. B. HUGER, Norfolk.

SIR: This letter will be handed you by Maj. H. A. Gilliam sent here on parole for exchange with Major Reeve, U. S. Army, or Major Sibley, U. S. Army.

I have already informed you that I decline to exchange regulars for volunteers. I also decline to allow the enemy to choose their exchanges, picking out the officers on both sides.

Major Gilliam therefore returns to the enemy. If a parole is granted him until exchanged for an officer of equal grade such exchange will be accepted, and we will send an officer of equal grade, and I beg that you will give him a letter to that effect.

I beg you also to inform General Wool that we prefer he should send no more prisoners to us on parole for a special exchange designated by him as no such exchange will be made.

I beg further that you inform General Wool that nothing in any paper sent by him to you affords any satisfactory assurance that our private armed seamen captured by the enemy are no longer to be treated as felons. An explicit assurance to that effect or an exchange of our privateersmen as prisoners of war can alone justify this Government in relieving the hostages held by it and giving them up in exchange for others of equal grade.

Your obedient servant,

J. P. BENJAMIN, Secretary of War.

–––

DOVER, TENN., February 16, 1862.

Brig. Gen. S. B. BUCKNER.

GENERAL: I understand from Major Casseday that by the terms of capitulation the officers were to be permitted to retain their side-arms, but the U. S. officer in charge of officers and men has determined that they should be delivered to him, agreeing, however, that the arms should remain in my custody until to-morrow morning. My officers and men have been brought from their camp at the fort to this place to-night; much of their clothing and baggage has been left behind, and the side-arms of officers are all at the fort. The men will to-night be placed on a transport and their property may be lost. Will you have this corrected.

Your obedient servant,

J. E. BAILEY, Colonel, Commanding Forty-ninth Regiment Tennessee Vols.

{p.800}

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HDQRS. DEPARTMENT OF SOUTH CAROLINA, &C., Savannah, February 17, 1862.

Lieut. Col. JOHN S. PRESTON, Assistant Adjutant-General, &c., Columbia.

COLONEL: I am directed by the commanding general to acknowledge the receipt of your letter of the 11th instant. As regards that portion wherein you state that the prison now occupied by the prisoners of war “is totally unfitted for their safe-keeping, health or comfort,” he desires to be informed if you can suggest any means by which their security and comfort can be improved where they now are, or whether there is any place where better arrangements can be had than in Columbia. The causes stated by you as impairing the efficiency of the guard now on duty at the jail might be overcome by organizing another company at some point removed from Columbia for this service, and let it take the place of Captain Shiver’s, which could then be disbanded. He desires to know if this cannot be done.

General Ripley has been written to in reference to the conduct of quartermaster’s and commissary departments at Columbia and desired to remedy the existing difficulties as far as practicable.

I am, &c.,

[T. A. WASHINGTON, Assistant Adjutant-General.]

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WAR DEPARTMENT, Richmond, Va., February 18, 1862.

Brig. Gen. HOWELL COBB.

SIR: You have been selected to perform the duty of arranging with General Wool the details necessary for carrying out an exchange of prisoners with the enemy. For your full comprehension of the matters intrusted to you I inclose herewith the following papers:

1. Copy of a letter addressed by me to Messrs. James A. Seddon and Charles M. Conrad under date of the 6th instant, of which letter a copy was forwarded to General Wool through General Huger, now commanding at Norfolk.

2. A copy of the letter of General Wool to General Huger under date of the 13th instant, informing the latter that General Wool was alone “clothed with full power for the purpose of arranging for the exchange of prisoners.” In this letter you will perceive that General Wool accepts substantially and indeed almost in words the propositions submitted by me in the nature of instructions to Messrs. Seddon and Conrad, and declares “that he is ready to confer with them or any other person appearing for that purpose.” As there remain to be arranged only the necessary military details for executing the purpose common to both parties it has been deemed necessary to send commissioners, and you are as a brigadier-general in our service authorized and instructed to proceed via Norfolk and to confer with General Wool on the subject, and to enter into written stipulations with him for carrying out the proposed exchange on the principles involved in our proposals and the acceptance of them by the enemy.

For your guidance in the matter I give the following instructions:

1. That all prisoners delivered up on parole by either party shall be so delivered on the frontier at the expense of the captors, the prisoners to pay no part of the cost of their delivery.

2. Each party to have the right of selecting such of its own paroled citizens as it chooses to have released against an equal number of {p.801} equal grade. Thus for example if the enemy having 1,000 of his citizens under parole at home should have sent to us only 500 of our citizens released on parole the enemy would have the right to select which of his own citizens he preferred to release against the 500 sent us of equal grades, and so if the numbers were reversed we would have the like right.

3. I know of no rule generally established for equalizing exchanges where the prisoners are of unequal grades or for assimilating rank between officers of the army and navy. Perhaps as fair a guide as any other is the relative pay allowed by each service to its own officers and men. Thus for example in our service the pay of a lieutenant-colonel of infantry is $170 a month, that of a first lieutenant $90 and that of a second lieutenant $80. If then we desired to get back a lieutenant-colonel and had no officer of like grade to offer we would under the proposed rule be compelled to give a first and second lieutenant. This rule is merely suggested. It would work equally whether a good rule or not, but any other fair and equal rule would be acceptable. I furnish you a table of the rates of pay in our service for your guide in case this rule should be accepted by the enemy. In giving you these instructions it is by no means my intention to confine you to a strict adoption of them. They are an indication simply of what seems to be fair and equal. Any fair and equal rule will be satisfactory, provided you can see your way clear as regards its practical working. I desire only to impress on you the necessity of extreme caution in avoiding any rule or any arrangement which could possibly give rise to dispute or controversy in its practical operation. Let the arrangement be equal and let it be simple, plain and clear; all else is left to your discretion.

In conclusion I desire to say that the assurance contained in the letter of General Wool that our privateers captured on the high seas will in die future be considered in the same light as prisoners taken in arms on land and will be consequently exchanged like other prisoners is entirely satisfactory, and you are requested to inform General Wool that as soon as this assurance was received orders were issued placing the officers hitherto held as hostages for these privateers on the same footing as all other prisoners and they will at once be sent home on parole under the proposed arrangements for exchange.

Your obedient servant,

J. P. BENJAMIN, Secretary of War.

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HEADQUARTERS DEPARTMENT. OF NORFOLK, Norfolk, February 18, 1862.

General S. COOPER, Adjutant and Inspector General.

SIR: I have to report that I last evening received a letter from General Burnside dated Roanoke Island, February 16,* informing me he would proceed to embark the prisoners for Elizabeth City, to which place he had sent Lieutenant-Colonel Osborn, “who is authorized to give my consent to any proposition he may think just.” I have sent Maj. Benjamin Allston to meet Lieutenant-Colonel Osborn with similar powers. I have directed Major Allston to send the sick and wounded to the hospital here and to send all others to their homes to await their {p.802} exchange. I informed General Burnside that General Wool had proposed commissioners from the two Governments should meet and make all arrangements for exchange; that I expected an immediate answer from my Government, to whom General Wool’s proposal had been referred, and “I therefore propose to avoid confusion that the equivalent of rank agreed upon by the regularly appointed commission be adopted by us in the present exchange.”

I am, very respectfully, your obedient servant,

BENJ. HUGER, Major-General.

* See p. 266.

–––

RICHMOND, VA., February 19, 1862.

Major-General HUGER, Norfolk:

General Howell Cobb will be with you to-morrow on his way to Fortress Monroe to settle with General Wool the exchange of prisoners. Inform General Wool so that General Cobb be not delayed.

J. P. BENJAMIN, Secretary of War.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., February 19, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: In reply to your letter of February 14 received yesterday I have to say that Lieutenant Dickinson, U. S. Army, was exchanged for Lieutenant Tattnall, and General Wool informed that Lieutenant Jones would be sent for Lieutenant Sayre. As soon therefore as Lieutenant Jones is sent to Fort Monroe Lieutenant Sayre will be released from his parole. In regard to your letter of the 23d ultimo I was mistaken as to the exchanges made and asked for one lieutenant too many, who, however, was not sent.

I am, very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

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HEADQUARTERS DEPARTMENT OF NORFOLK, February 20, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: First Lieut. T. M. R. Talcott, senior engineer officer in this department, was captured at Roanoke Island. As he is in the Confederate Army I proposed to General Wool to exchange him for First Lieut. William E. Merrill, U. S. Engineer Corps. I have General Wool’s reply agreeing to the exchange, and I beg that Lieutenant Merrill may be forwarded to General Wool for this purpose.

Very respectfully, your obedient servant,

BENJ. HUGER, Major. General.

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SHELBYVILLE, February 20, 1862.

Col. W. W. MACKALL:

Considerable many of the Fort Donelson soldiers who have escaped are passing through here all going to their native places. Most of them have arms. They act as though they were deserting.

M. J. WALDRON.

{p.803}

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HEADQUARTERS, Memphis, February 20, 1862.

Col. W. W. MACKALL, Assistant Adjutant-General.

COLONEL: I have the honor to report the arrival of 118 Federal prisoners captured at Fort Donelson. They are turned over by Captain Buckner, aide-de-camp, in accordance with instructions from General A. S. Johnston, commanding Western Department. They are at present confined in the Exchange Building. Have rented a house fronting the river and am having them fed by contract at 40 cents a day. As they need some blankets I have ordered some to be furnished. Would respectfully ask for further instructions concerning them. There are at present 225 Federal prisoners confined here. Would it not be advisable under existing circumstances to move them to some point in the interior?

I am, major, very respectfully, your obedient servant,

JOHN ADAMS, Captain, C. S. Army, Commanding.

–––

WAR DEPARTMENT, Richmond, Va., February 23, 1862.

Maj. Gen. B. HUGER, Norfolk, Va.

SIR: ...

4. I enter into no details on the subject of the exchange of prisoners as I hope all these questions will be definitely settled between General Cobb and General Wool.

I am, your obedient servant,

J. P. BENJAMIN, Secretary of War.

–––

NORFOLK, February 23, 1862.

Hon. J. P. BENJAMIN, Secretary of War:

I had my first interview to-day with General Wool. We have agreed upon every point in conformity to your instructions except one, and that is the delivery of prisoners on frontier at the expense of the capturing Government. General Wool agrees to it, but has no authority and applies to his Government for authority. Remain in Richmond. Telegraph me any news of importance.

HOWELL COBB.

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HEADQUARTERS DEPARTMENT OF NORFOLK, February 24, 1862.

General S. COOPER, Adjutant and Inspector General.

SIR: Maj. Ben. Allston who was sent by me to receive the prisoners captured at Roanoke Island reports that on the 22d instant he received at Elizabeth City, N. C., a total of 2,458 prisoners on parole, to be exchanged for a like number of the enemy, the terms of exchange to be settled by the commissioners who are now in consultation on the subject. Major Allston has conducted this very troublesome business with much credit to himself. The prisoners will be forwarded to their different rendezvous at their homes, where I hope they may be reorganized soon. The full list of names, rank, &c., will be furnished as soon as possible. Shall I remit them to your office or to General Winder?

Respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

{p.804}

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HEADQUARTERS DEPARTMENT OF HENRICO, February 24, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: I have the honor to report that according to your instructions I sent on the 19th instant under charge of Lieut. Col. Nat. Tyler to Fort Monroe the following prisoners of war for exchange against those sent from Fort Warren, viz, 15 officers, 1 non-commissioned staff, 379 rank and file, 4 negro servants.

In addition to these Beriah Pratt was sent in exchange for Arthur Dawson, as agreed with Colonel Geary, and W. Diggerman for William M. T. Thompson. The officer authorized to receive these prisoners has receipted for the same, which seems to complete the exchange.

Lieut. Samuel Irwin, Second New York State Militia, offered in exchange for Lieut. William Shaw, is now on his way from Tuscaloosa, Ala.

Respectfully, your obedient servant,

JNO. H. WINDER, Brigadier-General.

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PECAN GROVE, CARROLL PARK, LA., February 24, 1862.

Hon. J. P. BENJAMIN, Secretary of War, Richmond, Va.

DEAR SIR: By order of General A. S. Johnston I have placed under the citizens’ guard at Memphis the prisoners captured at the late battle, Fort Donelson. They were transported by boat to Nashville and thence by rail to Memphis. Besides those slightly wounded (about 100 in number) left in Nashville for hospital care, I landed in Memphis with 118, of whom 7 were commissioned officers, 1 major, 2 lieutenants and 4 captains.

Very truly and respectfully,

D. P. BUCKNER, Acting Aide-de-Camp to General S. B. Buckner.

P. S.-I shall rejoin in a few days our much disorganized and scattered army at Murfreesborough, Tenn.

[D. P. B.]

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C. S. STEAMER SUMTER, Bay of Gibraltar, February 24, 1862.

Hon. S. R. MALLORY, Secretary of the Navy, Richmond, Va.

SIR: ... On the 8th of February I sent the paymaster on shore to purchase a supply of coal. Very much to his surprise as to my own he found the market closed against him by a combination of merchants brought about by the U. S. consul ... With this view, on the 19th instant I dispatched [the] paymaster of this ship for Cadiz. Mr. T. T. Tunstall, a citizen of the Confederate States and who had been several years previous to the war U. S. consul in Cadiz, being in Gibraltar volunteered to accompany Mr. Myers. They took a French passenger steamer, and the steamer having stopped on her way at Tangier, in the Empire of Morocco, for a few hours they went on shore for a walk and as they were returning to the mole to re-embark they were suddenly seized by Moorish soldiery and marched to the U. S. consular residence, where they were heavily ironed and imprisoned.

As soon as I heard of this outrage I addressed a letter to the Governor of Gibraltar asking his friendly interposition (copy annexed), and {p.805} on the next day I dispatched a demand for the release of the prisoners to the Governor of Tangier, through Mr. Hay, the British chargé resident at that place (copy annexed). I am in hourly expectation of receiving a reply from the Governor of Morocco. ...

I have the honor to be, very respectfully, &c.,

[R. SEMMES, Commander, C. S. Navy.]

[Inclosure No. 1.]

C. S. STEAMER SUMTER, Bay of Gibraltar, February 22, 1862.

Capt. S. FREELING, Colonial Secretary.

SIR: I have the honor to ask the good offices of His Excellency the Governor of Gibraltar in a matter purely my own. On Wednesday last I dispatched from this port in a French passenger steamer for Cadiz, on business connected with this ship, my paymaster, Mr. Henry Myers, and Mr. T. T. Tunstall, a citizen of the Confederate States and ex-U. S. consul at Cadiz. The steamer having stopped on her way at Tangier and these gentlemen having gone on shore for a walk during her temporary delay there they were seized by the authorities at the instigation of the U. S. consul and imprisoned. A note from Paymaster Myers informs me they are both heavily ironed and otherwise treated in a barbarous manner.

I learn further that the pretence upon which the unlawful proceeding was had is that it is authorized by treaty stipulation with the United States. Unfortunately I have not a copy of this treaty in my possession but I presume it provides in the usual form for the extradition of criminals and nothing more. I need not say to His Excellency that treaties of this description are never applied to political offenders, which I presume is the only category in which the U. S. consul pretends to place these two gentlemen. An occurrence of this kind could not have happened of course in a civilized community. The political ignorance of the Moorish Government has been shamefully practiced upon by the unscrupulous consul.

I understand that the British Government has a diplomatic agent resident at Tangier, and a word from that gentleman would no doubt set the matter right and insure the release of the unfortunate prisoners. And it is to interest this gentleman in this humane task that I address myself to His Excellency. May I not ask the favor of His Excellency under the peculiar circumstances of the case to address Mr. Hay a note on the subject explaining to him the facts and requesting his interposition? If any official scruples present themselves the thing might be done in his character as a private gentleman. The Moorish Government would not hesitate a moment if it understood correctly the facts and principles of the case, to wit, that the principal powers of Europe have recognized the Confederate States as belligerents in their war against the United States and that consequently the act of making war against these States by the citizens of the Confederate States is not an offense, political or otherwise, of which a neutral can take cognizance, and even if it were the former no extradition treaty is ever meant to apply to such a case.

I have the honor, &c.,

[R. SEMMES, Commander, C. S. Navy.]

{p.806}

[Enclosure No. 2.]

C. S. STEAMER SUMTER, Bay of Gibraltar, February 23, 1862.

His Excellency the GOVERNOR OF TANGIER, Morocco.

SIR: I have the honor to inform Your Excellency that intelligence has reached me of the imprisonment by the Moorish Government at Tangier of Mr. Henry Myers, the paymaster of this ship, and Mr. T. T. Tunstall, a citizen of the Confederate States and late U. S. consul at Cadiz. I learn further that these gentlemen are heavily ironed and otherwise treated with inhumanity. I am utterly at a loss to conceive on what grounds this illegal imprisonment can have taken place, though I learn that the U. S. consul demanded it under some claim of extradition treaty stipulation.

A word or two will suffice to set this matter right. It must of course be known to Your Excellency that the Confederate States have been acknowledged by the principal powers of Europe as belligerents in the war in which they are engaged with the United States, and that consequently the paymaster of this ship in any act of war in which he may have participated can have been guilty of no offense, political or otherwise, of which any neutral power can take cognizance. Indeed as before stated the neutral powers of Europe have expressly recognized the right of the Confederate States to make war against the United States. No extradition treaty therefore can apply to Paymaster Myers.

Mr. Tunstall not being in the military or naval service of the Confederate States can no more be brought within the terms of any such treaty than Paymaster Myers. I have therefore respectfully to demand in the name of my Government and in accordance with the laws and practice of nations that these two citizens of the Confederate States be set at liberty.

I have the honor, &c.,

[R. SEMMES, Commander, C. S. Navy.]

–––

WAR DEPARTMENT, Richmond, February 26, 1862.

Maj. Gen. M. LOVELL, Commanding at New Orleans, La.

SIR: Your letter of the 15th instant has been received. The blankets remaining on hand which were sent by the United States Government and were not issued to the prisoners of war should be turned over to the quartermaster at New Orleans.

Respectfully,

J. P. BENJAMIN, Secretary of War.

–––

NORFOLK, February 26, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: I regret my prolonged detention here as the business ought to have been concluded in an hour. As mentioned in my telegraph General Wool insisted on consulting his Government on the point of each party transporting its prisoners to the frontier free of expense. Upon all other points we agreed promptly.

It may be that he has consulted his Government on other points and in that event new difficulties may arise at our next meeting. I would {p.807} therefore suggest that the hostages held for our privateers should not be sent forward until the negotiation is concluded.

On yesterday evening General Wool informed me that owing to the interruption of telegraphic communication with Washington he had not heard from his Government but would inform me as soon as he should hear. How long shall I wait upon him?

I am, very respectfully, your obedient servant,

HOWELL COBB.

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C. S. STEAMER SUMTER, February 26, 1862.

Hon. J. M. MASON, Commissioner Confederate States, London.

SIR: I have the honor to inform you that since the date of my last letter to you the facts in the case of the arrest of Paymaster Myers have assumed a more definite shape. They are briefly as follows:

Upon returning to the French packet steamer lying in the bay of Tangier he was arrested by Moorish soldiers upon the requisition of the U. S. consul, who claimed jurisdiction over him as a citizen of the United States under a treaty with Morocco. In my letter to you of the 24th instant I inclosed copies of letters which I had addressed to the Governors of Tangier and Gibraltar on the subject. I now send you annexed copies of letters* which have since passed between Mr. Hay, the British chargé resident at Tangier, and myself.

These letters together with those already sent will put you in possession of all the facts of the case, prominent among which is the apparent apathy and indifference of the diplomatic officers whose mediation had been asked in the absence of the recognition of our Government and of an agent of our own. Notwithstanding the strong precedent established by all Europe in the Trent affair as to the legality and propriety of friendly interference between a neutral and a belligerent to preserve the peace Mr. Hay has deemed it his duty not only to preserve silence but to take especial pains to make his silence known to the Government of Morocco.

I have the honor, &c.,

R. SEMMES, Commander, C. S. Navy.

* Omitted here; they appear as inclosures Nos. 1 and 2, in Semmes to Mallory, March 3, PP 809,810.

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MONTGOMERY, February 26, 1862.

General L. POLK, Columbus:

Large number of prisoners at Tuscaloosa recently. Have no notice of removal. If removed could accommodate number mentioned, not otherwise.

JOHN GILL SHORTER.

–––

RICHMOND, February 27, 1862.

Maj. Gen. BENJAMIN HUGER, Norfolk:

Please send me as promptly as possible another copy of General J. E. Wool’s letter* inclosed in your letter of the 14th instant, accepting my proposal for exchange of prisoners.

J. P. BENJAMIN, Secretary of War.

* Wool to Huger, February 13, p. 259.

{p.808}

–––

RICHMOND, February 27, 1862.

Mr. Secretary BENJAMIN.

DEAR SIR: May I respectfully ask your attention to the within letter? The writer is the bearer of dispatches of whom I spoke to you. Is it not practicable to release some civilian from Western Virginia and thereby relieve Mr. Evans? It seems to me that as he was a civilian they exacted no parole of him but that it is substantially to be understood. I think too that as he suffered in our service we are bound to relieve him. You may remember that he had dispatches concealed in a peculiar hat made for the purpose.

Very truly, yours,

C. G. MEMMINGER.

[Inclosure.]

CHARLESTON, February 22, 1862.

Hon. C. G. MEMMINGER, Richmond, Va.

MY DEAR SIR: When I had the pleasure of seeing you a few days since in Richmond you were so kind as to promise to use your influence to have me exchanged. I now beg to write such particulars as may be necessary in effecting this object. I was arrested by U. S. troops under the command of General Robert Anderson in the upper part of Kentucky on the 23d of September, 1861, and from thence I was carried to Louisville where I was released on signing a paper not to take up arms against the United States of America or the Commonwealth of Kentucky. I was refused a pass through their lines, but afterwards in the presence of Hon. W. S. Bodley, of Louisville, I was informed that I could go home if I could get there. I on this tried to get through their lines but could not do so and then went to England, from whence I have returned home via Mexico.

I most earnestly wish to do my duty in defending my country in her hour of danger, and if after a fair offer for exchange the enemy still refuse I will break the parole and take my place amongst the ranks of our people. You will confer a great favor on me, my dear sir, if you will procure my exchange as I have been offered the command of a fine squadron of mounted men if I can get off. I am very sorry to trouble you with this my own private affair but with the exception of the Hon. William Porcher Miles I have no other friends in the city.

I am, dear sir, with much respect, yours, very truly,

BENJAMIN F. EVANS.

–––

HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., February 28, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: In the absence of General Huger I send as directed by your telegram of yesterday a copy of letter from General Wool concerning the exchange of prisoners.

Very respectfully, your obedient servant,

BENJ. HUGER, JR., Captain and Assistant Adjutant-General.

{p.809}

–––

NORFOLK, February 28, 1862.

Hon. J. P. BENJAMIN:

I tried but failed to meet General Wool to-day. I will meet him to-morrow. Hold on to your hostages as I believe they intend to back out from their own proposition.

HOWELL COBB, Brigadier-General.

–––

NORFOLK, March 1, 1862.

Hon. J. P. BENJAMIN, Secretary of War:

I met General Wool to-day. As I expected they have backed down from their own proposition. I shall be in Richmond as soon as I can [get] there.

HOWELL COBB, Brigadier-General.

–––

C. S. STEAMER SUMTER, Bay of Gibraltar, March 3, 1862.

Hon. S. R. MALLORY, Secretary of the Navy, Richmond, Va.

SIR: Since I had the honor of addressing you on the 24th ultimo other letters (copies annexed) have passed between Mr. Hay, the British chargé at Tangier, Morocco, and myself on the subject of the imprisonment of Paymaster Myers by the Moorish authorities at that place. These letters together with those already sent will put you in possession of all the facts connected with that great outrage. I have further to report that on the 26th ultimo Paymaster Myers and Mr. Tunstall were delivered by the U. S. consul, aided by the Moorish authorities, to the commander of the U. S. sloop of war Ino, and that they are now prisoners on board that ship. There was considerable indignation expressed by the European residents in Tangier at this high-handed proceeding. They gathered in crowds in the streets and it is said would have made an effort to rescue the prisoners had not their agitation been calmed by the advice of their respective consuls and by an address of Mr. Hay, who advised them that the affair was one exclusively between the parties concerned in it.

I have the honor to be, very respectfully, &c.,

[R. SEMMES, Commander, C. S. Navy.]

P. S.– ... I have up to this date received no reply from the Moorish Government and I presume from the long delay that they do not intend to send any.

R. SEMMES.

[Inclosure No. 1.]

C. S. STEAMER SUMTER, Bay of Gibraltar, February 23, 1862.

JOHN HAY DRUMMOND-HAY, C. B., Her Majesty’s Chargé d’Affaires, Tangier, Morocco.

SIR: May I ask of you the favor to act unofficially for me in a matter of humanity by handing to the proper officer the inclosed communication demanding the release from imprisonment in Tangier of the {p.810} paymaster of this ship and of Mr. T. T. Tunstall, a citizen of the Confederate States. The Moorish authorities have evidently been imposed upon by false representations as to the character and status of these gentlemen. I hear that the U. S. consul demanded their imprisonment under some extradition treaty. The absurdity of such a claim will of course be apparent to you. We are recognized belligerents. Our acts of war are legal therefore so far as all neutrals are concerned, and it cannot be pretended that any officer of this ship can have committed any offense in any act of war in which he may have participated against the United States which Morocco can take cognizance of or bring under the terms of any extradition treaty.

I have the honor to be, very respectfully, &c.,

[R. SEMMES, Commander, C. S. Navy.]

[Inclosure No. 2.]

C. S. STEAMER SUMTER, Bay of Gibraltar, February 25, 1862.

J. H. DRUMMOND-HAY, C. B., Her Majesty’s Chargé d’Affaires, Tangier, Morocco.

SIR: I have had the honor to receive your letter of yesterday’s date in reply to mine of the 23d informing me that-

You (I) must be aware that Her Britannic Majesty’s Government have decided on observing a strict neutrality in the present conflict between the Northern and Southern States. It is therefore incumbent on Her Majesty’s officers to avoid anything like undue interference in any questions affecting the interests of either party which do not concern the British Government; and though I do not refuse to accede to your request to deliver the letter to the Moorish authorities I think it my duty to signify distinctly to the latter my intention to abstain from expressing an opinion regarding the course to be pursued by Morocco on the subject-matter of your letter.

While I thank you for the courtesy of delivering my letter as requested I must be permitted to express to you my disappointment at the course which you have prescribed to yourself of refraining from expressing any opinion to the Moorish Government of the legality or illegality of its act. The Confederate States having ample ability to maintain themselves in the war in which they are engaged with the United States do not request or expect neutral powers to interfere in their behalf-nor can I conceive how your compliance with my request would have compromised you or your Government.

I had supposed that the Trent affair of so recent occurrence had settled not only the right but the duty of the civilized nations of the earth to “interfere” in a friendly manner to prevent wars between nations. It cannot escape your observation that the course pursued by Europe in that affair is precisely analogous to that which I have requested of you. In that affair a quarrel arose between the United States, one of the belligerents in the existing war, and Great Britain, a neutral in that war, and instead of refraining from offering advice all Europe made haste to volunteer it to both parties. The United States were told by France, by Russia, by Spain that their act was illegal and that they could without a sacrifice of honor grant the reparation demanded by Great Britain. Neither the nation giving the advice nor the nation advised supposed for a moment that there was any breach of neutrality in this proceeding; on the contrary it was the general verdict of mankind that the course was not only legal but eminently humane and proper as tending to allay excitement and prevent the effusion of blood.

If you will run a parallel between the Trent case and the case in hand you will find it difficult I think to sustain the reasons you have {p.811} assigned for your forbearance. In that case the quarrel arose between a neutral and a belligerent; so in this case. In that case citizens of a belligerent State were unlawfully arrested on the high seas in a neutral ship by the opposite belligerent and imprisoned. In this case citizens of a belligerent State have been unlawfully arrested by a neutral in neutral territory and imprisoned. Does the fact that the offense was committed in the former case by a belligerent against a neutral and in the latter case by a neutral against a belligerent make any difference in the application of the principle we are considering? And if so in what does the difference consist? If A strikes B is it lawful to interfere to prevent a battle? And if B strikes A is it unlawful to interfere for the same purpose? Can the circumstance that the prisoners seized by one belligerent in the Trent affair were citizens of the other belligerent alter the application of the principle? The difference if any is in favor of the present case, for whilst the belligerent in the former case was compelled to release its enemies whom under proper conditions it would have had the right to capture, in the latter case a neutral is to be advised to release prisoners who are not its enemies and whom it would have no right to capture under any circumstances.

Upon further inquiry I learn that my first supposition that the two gentlemen in question had been arrested under some claim of extradition (unfortunately I have not a copy of the treaty between Morocco and the United States) was not exactly correct. It seems that they were arrested by Moorish soldiers upon the requisition of the U. S. consul, who claimed to exercise jurisdiction over them as citizens of the United States under a provision of a treaty common between what are called the non-civilized and the civilized nations. This state of facts does not alter in any degree the reasoning applicable to the case. If Morocco adopts the status given the Confederate States by Europe she must remain neutral between the two belligerents, not undertaking to judge of the nationality of the citizens of either of the belligerents, or to decide any other question growing out of the war which does not concern her own interests. She has no right therefore to adjudge a citizen of the Confederate States to be a citizen of the United States, and not having this right herself she cannot transfer it by treaty to the U. S. consul.

I trust you will not understand that I have written in a tone of remonstrance or complaint. I have no ground on which to demand anything of you. The friendly offices of nations like those of individuals must be spontaneous; and if in the present instance you have not deemed yourself at liberty to offer a word of friendly advice to a barbarian government which has evidently erred through ignorance of its rights and duties in favor of unfortunate citizens of a friendly Government connected with the Government which you represent by many ties of consanguinity and interest, I have no word of remonstrance to offer. You are the best judge of your own actions.

I have the honor, &c.,

[R. SEMMES.]

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RICHMOND, VA., March 4, 1862.

Major General HUGER, Norfolk:

Make no exchanges with General Wool. Say you are instructed to await answer to General Cobb’s letter. Congress is very impatient for official report of capture of Roanoke Island. General Wise reports that he made an official report.

J. P. BENJAMIN, Secretary of War.

{p.812}

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RICHMOND, March 4, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: In compliance with your letter of instructions of the 18th of February I proceeded immediately to Norfolk to meet and confer with Major-General Wool, of the U. S. Army, on the subject of the exchange of prisoners of war. On the 23d of February I had my first interview with him and was gratified to find that there was no serious difference of opinion between us. I submitted to General Wool a memorandum as a basis for a cartel. A copy of that memorandum is inclosed* marked A. General Wool promptly agreed to all of the propositions except two. In lieu of the compensation basis of equivalents contained in the fourth item of the memorandum he proposed the cartel* of equivalents adopted by Great Britain and the United States in the war of 1812 and I accepted it. He also objected to the provision in the fifth item which required each party to pay the expense of transporting their prisoners to the frontier of the country of the prisoners. The provision met his entire approval but he did not feel authorized by his instructions to incorporate it into the proposed cartel and therefore desired time to consult his Government on the subject.

The interview closed with the promise from General Wool that he would notify me as soon as he could hear from his Government on that point. On the 27th of February I received from him his letter of that date, a copy of which I inclose** marked B, and on the next day endeavored to meet him again but failed to do so. Anticipating from the language of his letter of the 27th that his Government had under the altered condition of things changed their instructions I determined to put in writing our future negotiation, and with that view prepared my letter to him of the 28th, a copy of which is inclosed*** marked C.

On the 1st of March I held my second interview with him in which I proposed to enter into a cartel containing the stipulation set forth in my letter to him of the 28th of February. He informed me that his Government would not agree to the proposition that each party should pay the expense of transporting their prisoners to the frontier and I promptly waived it, thus leaving the cartel free from all his objections and just what General Wool had himself proposed in his letter of 13th of February to General Huger. He then informed me that his Government had changed his instructions and he was only authorized to negotiate for the exchange of prisoners to the extent of exhausting the number of the party holding the smallest number, and leaving the surplus to be provided for by future negotiation I frankly stated to him that I could not consent to such an arrangement.

To enable him to place before his Government the proposition which I had submitted to him, and with a view of putting on record the action of the two Governments on the subject I delivered to General Wool my letter to him of February 28, to which I had received no reply at the time of leaving Norfolk on the 3d. The whole negotiation may be stated in a single paragraph. At the time it was believed that our Government held the largest number of prisoners the United States proposed to exchange all prisoners and to place on parole in their own country the surplus held by either party, and our Government agreed to the proposition. Before the agreement could be reduced to writing and signed by the parties the casualties of war reversed this state of {p.813} things and gave to the United States the largest number of prisoners. With this change of things the United States changed their policy and deliberately abandoned their own proposition.

I am, very respectfully, your obedient servant,

HOWELL COBB, Brigadier-General, C. S. Army.

* Both these documents omitted; see p. 302 et seq.

** Omitted here; Wool to Cobb, February 27, p. 333.

*** Omitted here; Cobb to Wool, February 25, p. 338.

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RICHMOND, VA., March 5, 1862.

Hon. J. P. BENJAMIN.

DEAR SIR: I was appointed by the Executive of Virginia a colonel of volunteers on the 9th of May last and ordered by General Lee to report to Col. George A. Porterfield at Grafton, Va., for duty. I was assigned to the command of the Thirty-first Militia Regiment on the 28th of May. I was taken sick of typhoid fever at Philippi and in that condition I was captured on the 3d of June last. I was then taken from Philippi to Grafton by the enemy and placed under medical treatment.

On the 10th of September I was turned over to the civil authority and sent to Wheeling to await the action of the grand jury of the Federal court then in session at that place. The jury found an indictment against me for treason, but the court declined trying me at that term and I remained in jail until the 27th of January, when I proposed to the civil and military authorities of the district that if they would release me from prison for sixty days and give me safe conduct through their lines I would give them my parole of honor that I would proceed to Richmond and procure the release of Colonel Woodruff; of the Second Kentucky Regiment, who was captured at the battle of Scary and was then confined as a prisoner of war in the Southern Confederacy, in exchange for myself, and in the event I failed I would return and deliver myself into the custody of the jailer of Ohio County within sixty days.

I then supposed that the Confederate Government would not hesitate to make the exchange agreed upon, as it has done in the Hon. Charles James Faulkner’s case, and as it has since done in Colonel Pegram’s case. I have made the above statement of the facts in my case hoping they will enable you to make the exchange so much desired by me.

W. J. WILLEY.

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HEADQUARTERS C. S. FORCES, Corinth, Miss., March 5, 1862.

[Col. T. JORDAN, Assistant Adjutant-General.]

SIR: I have the honor to forward for the information of the commanding general a proposition from Commander Gwin, of the Federal gun boats on the Tennessee River, for an exchange of prisoners. A copy of the reply I have dispatched is herewith transmitted. I am impressed with the belief that the prisoners noticed in Commander Gwin’s communication have been picked up by him along the river in a clandestine or piratical way and are not bona fide prisoners of war, and that in that event they are not entitled to consideration. As a matter of expediency I hold the question open for your instructions.

Very respectfully, your obedient servant,

DANIEL RUGGLES, Brigadier-General, C. S. Army, Commanding.

{p.814}

[Inclosure No. 1.]

U. S. GUN-BOAT TYLER, Tennessee River, March 4, 1862.

COMMANDING OFFICER, Pittsburg, Tenn.

SIR: Learning that three men who are missing from the U. S. gunboat Lexington are now prisoners in your hands I propose to exchange for them Col. J. Kendrick, of Tennessee militia, who is also a private of Captain Fitzgerald’s company of Tennessee volunteers, and Clay Kendrick, private of same company, captured by me night before last.

Respectfully,

WM. GWIN, Commanding Division of Gun-boats on Tennessee River.

P. S.-My aide, Acting Paymaster W. B. Coleman, will make all necessary arrangements should the preposition be accepted.

W. G.

[Inclosure No. 2.]

ASSISTANT ADJUTANT-GENERAL’S OFFICE, C. S. Forces, Corinth, Miss., March 5, 1862.

Col. ALFRED MOUTON, Comdg. Eighteenth Regt. Louisiana Vols., Corinth, Miss.

COLONEL: The general commanding directs that you inform Captain Gwin that the proposition for the exchange of prisoners has been received and referred to the chief in command for instructions in the case and that the decision when received will be promptly communicated.

Very respectfully, your obedient servant,

R. MASON HOOE, Captain and Assistant Adjutant-General.

[First indorsement.]

HEADQUARTERS SECOND GRAND DIVISION, Jackson, March 9, 1862.

Respectfully referred with inclosure to the commanding general.

BRAXTON BRAGG, Major-General.

[Second indorsement.]

It must be first ascertained if the persons referred to by the enemy were in the military service of the Confederacy. General Ruggles ought to be extremely careful not to allow the enemy to use the flag of truce as a pretext for making reconnaissance, a fixed point down the river being fixed upon for exchange of flags.

G. T. BEAUREGARD, General, Commanding.

–––

GENERAL ORDERS, No. 2.}

HDQRS. SECOND GRAND DIVISION, ARMY OF THE MISSISSIPPI, Jackson, Tenn., March 5, 1862.

...

VII. The prisoners of war at Memphis will be transferred to Mobile under a guard of fifty men to be detailed by Brigadier-General Ruggles from his command at Corinth. The commanding officer at Mobile will forward them under a proper guard to Tuscaloosa, Ala., for confinement.

By command of Major-General Bragg:

H. W. WALTER, Acting Assistant Adjutant-General.

{p.815}

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HEADQUARTERS, Memphis, March 6, 1862.

Col. T. JORDAN, Assistant Adjutant-General.

COLONEL: I have the honor to inform you that through the inefficiency and neglect of the guard fourteen Federal prisoners escaped from the prison last night. Two were apprehended and brought back this morning. Twelve are still at large. I have telegraphed to Paris, Humboldt, Brownsville, Tenn., and Corinth, Miss., and hope to get them all back before they cross the lines. To guard against future escapes I have increased the guard and issued more stringent regulations to insure their safe-keeping, to keep up which I require additional men.

I have the honor to be, colonel, very respectfully, your obedient servant,

JOHN ADAMS, Captain, C. S. Army, Commanding.

–––

RICHMOND, March 7, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: May I ask you to have the inclosed letter in reference to Messrs. Washington and Cooke filed in the appropriate bureau of your Department, so that their names may not be forgotten when there shall be another exchange of prisoners. R. Washington is the brother of the late John Augustine Washington (formerly of Mount Vernon), who fell in Western Virginia and was one of the best soldiers in Jackson’s brigade.

I am, very respectfully, your obedient servant,

A. R. BOTELER.

[Inclosure.]

WINCHESTER, March 3, 1862.

Hon. A. R. BOTELER.

DEAR SIR: I sit down to address you as the Representative of our district in the C. S. Congress in behalf of my cousin, Mr. Richard B. Washington, and also of Mr. Bushrod W. Cooke, son of Mr. Ed. S. Cooke, of Jefferson. These gentlemen happened unfortunately on Thursday to be below Charlestown at the residence of the late Dr. William F. Alexander. On attempting to return to Charlestown, unconscious doubtless of the presence of the enemy, they were met by a party of Yankee cavalry which was returning from Charlestown to Harper’s Ferry and were made prisoners. I appeal to you, sir, to apply to the Secretary of War to have their names mentioned in the first exchange of prisoners between the Governments. You are acquainted with both gentlemen and their antecedents. Uncle Dick (so I have been accustomed to call him) entered the army in April and served faithfully in the ranks till October, when on account of erysipelas he was discharged, but I have heard him lately express his determination to re-enlist as soon as the spring opened, although he has now the care of three families upon him, most of them females. He has lately invested to a considerable amount in Confederate bonds and has always shown himself a staunch, loyal, gallant Southern gentleman. If then he is not sooner put upon parole I beg you to apply to have his and Mr. Cooke’s name mentioned in the earliest exchange. At this time when clouds of trial seem to be casting their shadows over the bright prospect of our young Confederacy and public patriotism (I sorrow to record it) seems to be upon the ebb we can ill spare to lose such men as these, {p.816} whose lives and hopes are founded upon and pledged to support Southern rights and independence.

Hoping then, for the sake of the country and also of the anxious females and children who look up to him as a father and guardian that I may soon hear of Uncle Dick’s release,

I am, sir, most respectfully,

GEORGE WASHINGTON, Of Thomas.

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HEADQUARTERS, Memphis, March 8, 1862.

Colonel JORDAN, Assistant Adjutant-General.

COLONEL: I have the honor to inform you that five more of the escaped prisoners (Federal) have been apprehended and brought back.

I am, colonel, very respectfully, your obedient servant,

JOHN ADAMS, Captain, C. S. Army, Commanding.

–––

HEADQUARTERS, Memphis, March 9, 1862.

Col. T. JORDAN, Assistant Adjutant-General.

COLONEL: I have the honor to inform you that in obedience to instructions in General Orders No. 2, from Headquarters Second Grand Division, Army of Mississippi Valley, I sent off for Tuscaloosa, Ala., 214 Federal prisoners under guard of a company of sixty men sent here for the purpose by Brigadier-General Ruggles. Since their departure three of the escaped prisoners have been apprehended and brought back. There are here two of the Belmont and eight of the Fort Donelson prisoners sick and unable to travel. There are also in confinement here sixteen political prisoners, whom under instructions from headquarters Second Grand Division, Army of Mississippi Valley, through Col. J. E. Slaughter, inspector-general (now here), I shall send with the remaining prisoners of war to Columbus, Miss.

I am, colonel, very respectfully, your obedient servant,

JOHN ADAMS, Captain, C. S. Army, Commanding.

–––

WAR DEPARTMENT, Richmond, March 10, 1862.

Capt. J. TAYLOR, Commanding Post of Charlottesville, Va.

SIR: In reply to your letter of the 4th instant you are informed that prisoners on parole are entitled to subsistence and pay.

Respectfully,

J. P. BENJAMIN, Secretary of War.

–––

HOUSE OF REPRESENTATIVES, March 11, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: I desire to call your attention to the subject of the condition of our troops who were captured at Fort Donelson and who are now doubtless in a very destitute condition in Northern prisons, having but little {p.817} or no clothing, many of them exhausted and frost-bitten when captured. Surely this is a subject which should demand the prompt consideration of the Government. I beg of you to do something for them if possible, and may I ask an answer to this note informing me whether or not anything has or can he done in their behalf to relieve to some extent the horrors and sufferings of their condition?

Respectfully,

G. W. JONES, of Tennessee.

–––

RICHMOND, March 12, 1862.

General B. HUGER, Norfolk, Va.

SIR: The Secretary of War decides that no more prisoners be permitted to pass to Fortress Monroe until otherwise ordered here, and that this decision be published as suggested in your letter of the 12th instant.

I am, very respectfully, &c.,

R. H. CHILTON, Assistant Adjutant-General.

–––

SUFFOLK, March 12, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: I inclose to you a communication just received from General Huger covering a letter from General Wool in reply to my letter* to him of the 28th ultimo. I shall make no reply to General Wool’s letter, and as my report of the 3d instant covers the whole ground I submit no comment upon it.

I am, very respectfully, yours, &c.,

HOWELL COBB, Brigadier-General.

* Cobb to Wool, February 28, p. 338.

[Inclosure.]

HEADQUARTERS DEPARTMENT OF NORFOLK, March 11, 1862.

Brig. Gen. HOWELL COBB, Suffolk, Va.

GENERAL: I have just received dispatches* from General Wool covering the inclosed letter** to yourself. I send it out by my aide-de-camp, Lieutenant Sloan, who will bring back any answer you may desire to send to General Wool. In his letter to me he desires “to know if any more exchanges of prisoners as heretofore between you and myself are to take place.” I shall notify him that on your being deputed to arrange terms for a general exchange I was instructed to make no more special exchanges. I had proposed going to Suffolk this evening to pay you a visit, but will postpone it for a day or two and until I hear from you.

With much regard, yours, very respectfully,

BENJ. HUGER, Major-General.

* Not found.

** Omitted here; Wool to Cobb, March 5, p. 347.

{p.818}

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CLERK’S OFFICE, HOUSE OF REPRESENTATIVES, March 13, 1862.

His Excellency JEFFERSON DAVIS.

SIR: I have the honor to inform you that the House of Representatives this day adopted the following resolution, to wit:

Resolved, That the President be requested, if compatible in his opinion with the public interest, to communicate to the House all correspondence, papers and information in his possession respecting a recent arrangement or negotiation with the enemy for an exchange of prisoners and the results thereof.

I am, sir, very respectfully, your obedient servant,

ROBERT E. DIXON, Clerk.

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SENATE CHAMBER, Richmond, March 14, 1862.

Hon. J. P. BENJAMIN, Secretary of War:

Permit me to ask your favorable consideration of the inclosed petition addressed to you by Henry L. Allen, of Galveston, Tex. Personally I am unacquainted with the young man. I therefore refer you to the accompanying letter of the Hon. L. A. Thompson, formerly one of the judges of the supreme court of Florida, at present a citizen of Texas and a gentleman of high character as any in the State.

I am, respectfully, your obedient servant,

W. S. OLDHAM.

[Inclosure.]

HOUSTON, February 21, 1862.

Hon. W. S. OLDHAM, Senator C. S. A., Richmond, Va.

MY DEAR SIR: The inclosed note to the honorable the Secretary of War is from a young friend of mine, a resident of the city of Galveston, now temporarily residing here. I am personally acquainted with his participation in the capture of the Star of the West and with his subsequent capture while a passenger on the pilot-boat schooner Dart, and the unmanly and ungenerous conduct of Captain Alden in extorting from him alone, because of his martial bearing and military cap, the oath of which he speaks. His father and mother reside in Galveston and I have the gratification to know that they are in the ranks of my personal friends. Many persons in Galveston have endeavored to cast obloquy upon him because he did not prefer a captivity in some Northern bastile, but knowing well the motives which actuated him I approved of his course then and now. If you can succeed in getting him exchanged so that he can enter the service which he is most anxious to do I will esteem it a personal favor.

Very truly, your friend,

L. A. THOMPSON.

[Sub-inclosure.]

HOUSTON, TEX., February 21, 1862.

J. P. BENJAMIN, Secretary of War.

DEAR SIR: I was engaged in the capture of the Star of the West under Colonel (now General) Van Dorn, April 17, 1861. After arriving in New Orleans with the prize, April 20, I found no means of returning home (Galveston). I left New Orleans for Memphis, Tenn., on the 25th. In May I joined the Memphis Southern Guards, the first company {p.819} organized for the war in Tennessee, under Colonel McCown and Brigadier-General Pillow. The last of June I procured an honorable discharge to return to Texas, my home, to enlist under her banners and drive the hirelings from her coast and border. I left New Orleans on the 2d of July for Berwick, where on arriving I with others took passage in the pilot-boat Dart for Galveston. On the evening of July 4 we were brought to some fifteen miles from Galveston by a 24-pounder shot from the U. S. war (and blockading) steamer South Carolina, Captain Alden. On the 5th I was compelled to take the oath not to bear arms against the United States in this war until regularly exchanged. My reasons for taking the oath were many, my principal reason being to secure certain papers (held by him in my knapsack) pertaining to the forces and fortifications on the Mississippi River, Randolph principally, and letters from Galveston. I applied to General Van Dorn, General Hébert and Governor Clark. The two former said they had no power to exchange and the latter neglected from the press of duties to attend to it. I am anxious to join the army and would have been in the field long since if the exchange had been made. My object in addressing you is to ask you as a subject of the Confederate States and a citizen of the State of Texas to present my name for an exchange. My circle of acquaintances and friends is large. They can be found in Maryland, Tennessee, Louisiana and all over this State. If necessary I can give their names. As to my character, several affairs I have been in for the South since the war.

Hoping I may soon hear from you in relation to my case, I remain, dear sir, yours, very truly,

HENRY LOWNES ALLEN.

–––

CAMP HILL, Gordonsville, Va., March 14, 1862.

Mr. PRESIDENT:

We beg leave to petition you to effect the exchange of Second Lieut. Joseph H. Stewart, Company F, First Maryland Regiment, as soon as may be conveniently practicable. Our reasons for presenting this petition are that he is an officer of unsurpassed bravery and more than ordinary capacity, in whom we have every confidence on the field. We respect and love him as an officer and admire him as a man and we do so earnestly long for his restoration to us. It may be well to state the circumstances of his capture. On the morning of Sunday, the 9th instant, the memorable day of our retreat, a battalion of the Maryland regiment was sent on picket under Lieutenant-Colonel Johnson. We arrived at the post about midday, and scarcely were the men posted when the enemy appeared in large force of infantry and cavalry. As soon as apprised of the enemy’s presence Colonel Johnson ordered us to fall back and dispatched a courier to order up the reserve company to cover our retreat, but the courier carrying the wrong order we were left to make our retreat unprotected. The enemy charged with his cavalry as we were crossing a field. We did our best to reach a fence (we have no bayonets) behind which to make a stand and were consequently much scattered. The enemy, at a distance of twenty paces, ordered us to throw down our arms, whereupon we turned and delivered a desultory fire, killing from 6 to 10 men and 4 horses. They were now in the midst of us cutting in every direction, our men kneeling and firing, taking their chances of escape. Three of the cavalry were {p.820} around Lieutenant Stewart striking at him, but with admirable coolness and dexterity he warded their blows with a gun, and when an officer rode up and ordered him to surrender, with a characteristic reply, “Never, while I can kill a hireling,” he fired shooting the officer through the head; then throwing his gun down surrendered. Such, sir, is a faithful statement which we make, knowing you cannot but admire his conduct.

W. D. HOUGH, Lieutenant, Commanding Company F. [And thirty-nine others.]

–––

CIRCULAR.]

HEADQUARTERS TRANS-MISSISSIPPI DISTRICT, Van Buren, March 17, 1862.

Dr. E. McD. Coffey, surgeon First Cavalry, First Brigade, Missouri volunteers, and Rev. G. W. Rogers, chaplain Second Regiment Infantry, are prisoners of war on parole for the purpose of procuring clothing for our wounded now in the vicinity of Elk Horn. Commanders of brigades, regiments, &c., will have immediate steps taken for placing such clothing as can be sent for their wounded at the office of the provost-marshal, subject to the order of the above-named gentlemen.

By order of Maj. Gen. Earl Van Dorn:

DABNEY H. MAURY, Assistant Adjutant-General.

–––

WAR DEPARTMENT, March 17, 1862.

The PRESIDENT:

In the report made to you at the commencement of the present session the following passage was contained:

Negotiations with the enemy have recently been in progress for the exchange of prisoners They are not yet entirely completed and to avoid further delay in submitting this report they will be presented in a separate communication.

The negotiations have now been concluded in a manner little to be expected and I present a narrative of the action of this Department on the subject.

When Congress first determined to use private armed vessels for the public defense the President of the United States declared his purpose to treat our seamen on such vessels as pirates. No apprehension was entertained of any attempt to put this menace in execution. The putting to death of prisoners of war is regarded as murder by all civilized nations, and it was considered certain that the judgment of mankind would suffice to deter the enemy from the commission of such a crime. When, however, some of our fellow-citizens were captured on privateers they were treated as felons, confined in the jails appropriated to criminals and one of them was capitally convicted for no other crime than fighting at sea in the defense of his country. Under these circumstances the following order was issued by the Department:

RICHMOND, November 9, 1861.

Brig. Gen. JOHN H. WINDER, Richmond.

SIR: You are hereby instructed to choose by lot from among the prisoners of war of highest rank one who is to be confined in a cell appropriated to convicted felons, and who is to be treated in all respects as if such convict, and to be held for execution in the same manner as may be adopted by the enemy for the execution of the prisoner of war, Smith, recently condemned to death in Philadelphia.

{p.821}

You will also select thirteen other prisoners of war, the highest in rank of those captured by our forces, to be confined in the cells reserved for prisoners accused of infamous crimes and will treat them as such so long as the enemy shall continue so to treat the like number of prisoners of war captured by them at sea and now held for trial in New York as pirates.

As these measures are intended to repress the infamous attempt now made by the enemy to commit judicial murder on prisoners of war you will execute them strictly as the mode best calculated to prevent the commission of so heinous a crime.

Your obedient servant,

J. P. BENJAMIN, Acting Secretary of War.

This prompt and necessary measure of retaliation produced the desired effect. After some hesitancy the enemy released the privateersmen from confinement as felons, the convict was liberated from his cell and all the prisoners were placed professedly on the same footing as other prisoners of war.

At the same time the new Secretary of War of the United States made to this Government the novel proposal that two of our enemies should be permitted to travel at pleasure through our country, visiting the prisoners of war held by us and ministering to their supposed wants. As it was not deemed probable that this proposal was made with any expectation of its acceptance the purpose really entertained by the enemy was sought for and from certain expressions contained in the letter the conclusion was reached that an exchange of prisoners was intended. The letter of the U. S. Secretary of War was accordingly treated as a proposition for exchange and answered as such.

In this answer the enemy was informed that his proposition was “cordially welcomed” as being “in entire accord with the views always entertained by this Government.” My communication stated in precise language the basis of the agreement for the exchange-

Man for man and officer for officer of equal grade, assimilating the grades of the officers of the army and navy in accordance with established usage when necessary and agreeing upon equitable terms for the number of men or officers of inferior grade to be exchanged for any officer of higher grade, when the occasion shall arise for such an exchange.

Additional proposals were contained in the same letter and for a thorough understanding of all that occurred I have the honor to annex copies of the correspondence as follows:*

A. Letter of Hon. Edwin M. Stanton, Secretary of War of the United States, dated January 30, 1862, addressed to Messrs. Ames and Fish, with instructions as to their proposed mission.

B. Letter of February 4, 1862, from Major-General Wool, commanding at Fortress Monroe, to Major-General Huger, commanding at Norfolk, inclosing copy of the instructions above mentioned, asking for a safe-conduct for the two commissioners and tendering reciprocal right of visit to us.

C. Letter of February 6, 1862, from the undersigned, Secretary of War, addressed to Messrs. James A. Seddon and Charles M. Conrad, commissioners selected in behalf of this Government, giving them instructions to meet Messrs. Ames and Fish and negotiate a general exchange of prisoners with specific details of the basis for exchange. In closing this letter the following remarks were made:

I have said nothing on the subject of our privateers recently treated as felons because I have been gratified to find from the statements of the public journals that these captives are henceforth to be treated as prisoners of war. It is however, so extremely unsafe to rely on newspaper statements that it will be well for you to {p.822} request an official assurance of this fact from Messrs. Ames and Fish, in order that the prisoners held by us as hostages be at once relieved from their exceptional condition and comprehended in the general exchange.

D. Form of a letter sent to General Huger to be by him addressed to General Wool, and which was dated at Norfolk on the 9th of February and forwarded to its address.

E. The answer of General Wool to General Huger, dated at Fort Monroe on the 13th of February, stating that he alone was clothed with full powers for the exchange of prisoners, ... that he was “prepared to arrange for the restoration of all the prisoners to their homes on fair terms of exchange, man for man and officer for officer of equal grade, assimilating the grade of officers of the army and navy when necessary, and agreeing upon equitable terms for the number of men or officers of inferior grade to be exchanged for any of higher grade when the occasion shall arise.” Also “that all the surplus prisoners on either side be discharged on parole, with the agreement that any prisoners of war taken by the other party shall be returned in exchange as fast as captured, and this system to be continued while hostilities continue.” General Wool further gave assurance “that the prisoners taken on board of vessels or otherwise in maritime conflict by the forces of the United States have been put and are now held only in military custody and on the same footing as other prisoners taken in arms.” Finally General Wool declared himself ready to confer for the purpose of arranging the exchange either with General Huger or with Messrs. Seddon and Conrad, or any other person appearing for that purpose.

Before proceeding with my narrative I beg to call your special attention to the fact that the letter of instruction to Messrs. Seddon and Conrad, a copy of which was inclosed to General Wool, contained the identical propositions just quoted from his letter; that our proposal to the enemy was thus accepted in the fullest and most explicit manner, and I place prominently in view the further fact that at the time when the proposal was made by this Government that all surplus prisoners held by either party should be delivered up and allowed to go home till exchanged, and that this system should continue in force during the war, the Confederate States held in their possession a large surplus of prisoners who were to be restored to the enemy under this stipulation.

The principles and terms for a general exchange of prisoners having been thus finally agreed on there remained nothing to be done but to settle the details of the time, place and manner of its execution. For this purpose civil commissioners were not necessary; a military officer had been properly selected by the enemy for executing mere military details, and in accordance with their example Brig. Gen. Howell Cobb was selected to meet General Wool and execute the contract.

F. Letter of instructions dated February 18 to General Cobb suggesting details of execution deemed fair and equal but adding:

Any fair and equal rule will be satisfactory, provided you can see your way clear as regards its practical working. I desire only to impress on you the necessity of extreme caution in avoiding any rule or any arrangement which could possibly give rise to dispute or controversy in its practical operation. Let the arrangement be equal and let it be simple, plain and clear. All else is left to your discretion.

In the same letter General Cobb was told-

That the assurance contained in the letter of General Wool that our privateers captured on the high seas will in the future be considered in the same light as prisoners taken in arms on land and will be consequently exchanged like other prisoners is entirely satisfactory, and you are requested to inform General Wool that as soon as this assurance was received orders were issued placing the officers hitherto held {p.823} as hostages for these privateers on the same footing as all other prisoners, and they will at once be sent home on parole under the proposed arrangements for exchange.

General Cobb proceeded on his mission and arranged with General Wool all the details of the exchange on the basis of the agreement above stated. Two of the details suggested in the instructions of this Department to General Cobb were not accepted by General Wool. For one of the two he proposed a substitute which was promptly accepted. For the other, admitted by him to be worthy of approval, he offered no substitute but asked time to obtain authority from his Government, as he declared himself to be without instructions. This authority was not granted to him, whereupon General Cobb waived his proposition, thus leaving complete and perfect all the details requisite for the execution of the previous contract.

But pending these arrangements our arms had been unfortunate; the enemy had captured a number of prisoners at Roanoke Island and Fort Donelson; the condition of the parties was reversed; the United States now held a surplus of prisoners, and the execution of the agreement was for the moment disadvantageous to them. Under these circumstances the Government of the United States did not hesitate to violate an engagement universally considered to be one of peculiar sanctity. General Wool after writing on February 13 that he had “full powers,” and after agreeing “that all surplus prisoners on either side be discharged on parole, with the agreement that any prisoners of war taken by the other party shall be returned in exchange as fast as captured, and this system to be continued while hostilities continue,” was compelled by his Government to write on the 27th of the same month that “it is proper to say that my powers are exclusively limited to the exchange of prisoners as presented to Major-General Huger on the 13th of February, 1862,” and then propose certain special exchanges of individual officers.

In the meantime not distrusting for a moment that an engagement of so sacred a character would be executed with fidelity the prisoners held by us as hostages for the safety and proper treatment of the privateers were discharged from close confinement and ordered to be sent home. Colonels Lee, Cogswell and Wood and Major Revere were sent to their own country; the remaining hostages were brought on parole from distant points to Richmond on their way to be delivered up at the expense of this Government, and their surrender was only suspended on receipt of intelligence from General Cobb that he saw reason to suspect bad faith on the part of the enemy.

While this prompt and loyal execution of the agreement was in progress on the part of this Government the enemy was conveying the prisoners captured at Fort Donelson to Chicago and other points most distant from their homes, and was parading the officers who fell into their power through the entire breadth of the land, from Western Tennessee to Fort Warren, in Boston-Harbor, where they are now incarcerated, and up to the present moment not a single officer taken at Fort Donelson nor a single captive privateer has been restored to his home while the United States have kept possession of the hostages given up in reliance on their honor.

The document G, herewith submitted, is the report of General Cobb containing a statement of his proceedings and copies of his correspondence with General Wool, and the document H contains the letter of General Wool dated the 5th of the current month, from which it is apparent that the Government of the United States adheres to the refusal to perform its agreement.

{p.824}

I make no comment on these proceedings further than to remark that it seems scarcely possible that there should be any further exchange of prisoners during the war. We can parole no prisoners with any expectation of reciprocity, and can have no reliance on any promises that may be made. I submit, however, that it is but bare justice to ourselves to declare discharged such of our own citizens as are now subject to parole and so to inform the enemy, and thereafter to entertain no propositions on the subject of exchange of prisoners except on delivery of those held by the enemy and proposed for exchange.

I am, your obedient servant,

J. P. BENJAMIN, Secretary of War.

* Copies omitted here; see ante.

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RICHMOND, VA., March 18, 1862.

His Excellency the PRESIDENT.

DEAR SIR: I send you the certificates of Colonels Willey and Ferguson in regard to the conduct of Colonel Norton, who was to have been exchanged for Colonel Patton. It really seems to me that Colonel Patton should not hesitate to resume his command in his regiment upon this statement of facts. I present them for your consideration.

I am, truly,

JOHN LETCHER.

[Inclosure.]

RICHMOND, VA., March 18, 1862.

I was made a prisoner by the Federal troops on the 26th of July last, a few days after the capture of Col. Jesse S. Norton, of the Twenty-first Ohio Regiment of Federal troops. I was present when Colonel Norton was captured and aided in bearing him from the field in a wounded condition. Shortly after my confinement at Camp Chase, Ohio, I learned through the public prints that Colonel Norton had been removed to his home at Perrysburg, Ohio, and that he proposed to reorganize his regiment. Immediately upon his recovery his regiment was reorganized near Cincinnati, Ohio, and entered the service in Kentucky. I learned through the press and from officers in Camp Chase that Colonel Norton was in the service and in command of an expedition from Paris through Eastern Kentucky, and I saw public notices of his movements frequently. At one time I learned through the steward of our prison that the active service of Colonel Norton had affected his wound before its entire recovery and it was at one time reported that he had died from its effects. I have heard from other sources that I deem reliable of Colonel Norton’s conduct at the battle of Ivy Mountain. After the 13th of December last (the date of my removal to Wheeling) I heard through like sources of the removal of Colonel Norton and his regiment from Eastern Kentucky to Bowling Green, in the brigade of General Nelson.

MILTON J. FERGUSON.

I have heard the foregoing statement made by Colonel Ferguson read and I believe it agrees with my information obtained while at Wheeling in every particular.

W. J. WILLEY

{p.825}

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C. S. COMMISSION, London, March 18, 1862.

Honorable SECRETARY OF STATE OF THE CONFEDERATE STATES OF AMERICA.

SIR: Delay in the departure of the steamer Pacific enables me to send a further dispatch. I transmit with this reports from Captain Semmes,* of the Sumter, at Gibraltar to the Secretary of the Navy. They were sent to me open for perusal and contain (inter alia) details of the late arrest and imprisonment of Paymaster Myers of that ship and of Mr. Tunstall, a citizen of the Confederate States who was with him, by the U. S. consul at Tangier with the aid of the Moorish authorities, and of the final delivery of these gentlemen as prisoners on board of the U. S. sloop of war Ino. I had all the papers relating to their arrest copied and sent them to Earl Russell with a note stating that I did so after observing that this transaction had been made the subject of inquiry in the House of Commons. In my note to Earl Russell I did not ask for any action of or intervention by this Government.

I inclose also with this a slip** from the London Herald of this morning, containing a like inquiry by a question put last night in the House of Commons to Mr. Layard, one of the under secretaries, with his answer. The subject was dropped after the answer of Mr. Layard, who as will be observed did not respond to the query in the closing paragraph of the question.

In a late note to Mr. Slidell I suggested that these gentlemen being passengers on board a French packet steamer and having landed only for a walk on shore (animo revertendi) while the ship remained at Tangier might be considered as remaining under the protection of the French flag, and thus the Emperor be disposed to take up the quarrel. A letter from him which crossed mine en route showed that he had anticipated the view I suggested, but did not say whether he would present it to Mr. Thouvenel. It is certainly a gross outrage on the feebleness of the Moorish Government, and although neither England nor France may interfere yet it brings the Government of the United States under the grave condemnation of all Europe. I should have stated above that soon after the occurrence was known here a question was put by a member of the House of Commons to the under Secretary of State inquiring whether the Government had any information concerning it, when the reply briefly was that the Government had been informed by telegraph but accompanied by a statement that the prisoners had been subsequently released.

I have the honor to be, &c.,

J. M. MASON.

* See Semmes to Mallory March 3, in its inclosures, p. 809 et seq.

** Not found.

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HEADQUARTERS, Memphis, March 18, 1862.

Col. THOMAS JORDAN, Assistant Adjutant-General.

COLONEL: In reply to your letter of the 17th instant instructing me to exchange a Federal surgeon for Surgeon Vanderville I have the honor to say that in compliance with instructions in General Orders, No. 2, from headquarters Second Grand Division, Army of the Mississippi, I sent all the Federal prisoners (sick excepted) to Tuscaloosa, Ala., on the 9th instant and advised you by mail. I have sent a copy of your letter to Tuscaloosa. Upon their arrival I shall comply with your instructions.

I am, colonel, very respectfully, your obedient servant,

JOHN ADAMS, Captain, C. S. Army, Commanding.

{p.826}

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HOUSE OF REPRESENTATIVES, Richmond. March 19, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: I have been requested to make several inquiries at your Department which I will make in writing: First. Is there any arrangement existing at present by which our prisoners can be exchanged? Second. Can passports be obtained by persons of Maryland to return from the States of the Confederacy home, on showing their loyalty to the Confederate States or rather the South? Third. Are letters to foreign parts (say Europe) permitted to pass from Norfolk to Fortress Monroe at present? Fourth. Have you decided upon the application of J. C. Stewart to be discharged from the service as a private which I sent you some days since? The application was indorsed by Governor Clark, of North Carolina.

I have the honor to be, your obedient servant,

B. S. GAITHER.

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HDQRS. DEPT. OF SOUTH CAROLINA AND FLORIDA, Pocotaligo, March 19, 1862.

General S. COOPER, Adjutant and Inspector General.

GENERAL: I am informed that nineteen prisoners of war taken on board the U. S. transport steamer Osceola near Georgetown, S. C., have been in confinement in the prison at Marion Court-House since 22d of November, 1861. These prisoners are represented by the sheriff of Marion District to be in a suffering condition for want of clothing and I am requested to have them removed or that measures be taken for their exchange.

The subject is respectfully referred to the War Department.

Very respectfully,

J. C. PEMBERTON, Major-General, Commanding.

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C. S. STEAMER SUMTER,* Bay of Gibraltar, March 19, 1862.

Hon. JOHN SLIDELL, Commissioner, &c., Paris.

SIR: I have had the honor to receive your note of the 8th instant informing me that you had referred the subject of the capture of Paymaster Myers and Mr. Tunstall to Mr. Thouvenel, the French Minister for Foreign Affairs, but that the impression prevailed in Paris that those gentlemen had been liberated. With regard to the latter fact you have of course been undeceived before this.

The enemy’s sloop of war Ino came into the Spanish port of this bay (Algeciras) with the prisoners on board on the 28th of February and sailed again on the next day. On the 6th of March she appeared off Cadiz, and after having communicated with the U. S. consul at that port transferred the prisoners (six miles outside of Cadiz Light) to the U. S. merchant ship Harvest Home, bound for Boston, so that probably by the time this reaches you the gentlemen will be in Fort Warren. The French-consul-general at Tangier must have kept his Government badly informed on the subject, since the latter supposed as late as the 8th instant that the prisoners had been liberated.

{p.827}

I trust that you will be able to make something out of the case. It is one in which all the Christian powers it seems to me are interested. If this precedent is to stand a French or an English subject may be seized to-morrow upon the simple requisition of a consul and handed over to his enemy. And then as I remarked to you in my first letter is not the honor of the French flag involved? It is admitted that as between civilized States this question of the flag would not arise-the parties having disembarked though only for a time-but a different set of rules has been applied in the dealings of Christian powers with the non-Christian or non-civilized powers, as is shown by this very arrest under a claim of jurisdiction by a consul.

A Frenchman in Morocco is by treaty under the protection of the French consular flag. If he commits an offense he is tried and punished by his consul regardless of the fact that he is literally within the jurisdiction of Morocco; and these concessions have been demanded by the Christian nations for the security of their subjects. Should a French citizen visiting Morocco, having landed only in itinere, be the less entitled to the protection of his flag because his flag flies from the masthead of his ship instead of from the consular residence, supposing the consul to be temporarily absent? And if a Frenchman would be protected under these circumstances our citizens embarked under the French flag are entitled to similar protection.

But what appears to me most extraordinary in this case is the apathy, or rather the fear of their own Governments manifested by the representatives of the Christian powers present. A friend of mine, the captain of an English frigate here, visited Tangier soon after the occurrence and he informs me that the Moorish authorities were sorely perplexed during the pendency of the affair and that they implored advice from the Christians present but that no one diplomatic or consular officer would volunteer a word. As you have already been informed, Mr. Drummond Hay, the British chargé, to whom I made a special appeal not only preserved a dignified reticence but took pains to inform the Government that he did not mean to give them any advice.

To add to the embarrassment of the ignorant Moors the truculent Yankee consul threatened to haul down his flag and leave the country if his demand was not complied with. And to give force to this threat the Ino which had come to receive the prisoners landed forty of her crew well armed. My informant further states that the Moors are in great trouble at what they have done and would give anything to undo it if it were possible.

I have read the accounts of our recent defeats in the West with much anxiety, not of course as to the ultimate results but I fear the successes of the enemy will encourage him to prolong the war, notwithstanding the Sumter has “carried the war into Africa.” Do you see no gleam of daylight in Paris? For I am convinced the light must come from that quarter. The English people notwithstanding the Trent** affair have been so thoroughly bullied by the Yankees that it is not to be hoped they will regain their courage during the war. Lord Russell’s conduct reminds me of that of a cowardly fellow who under pressure has sent a challenge which he secretly hopes will not be accepted, and having gotten well out of the scrape is profuse of affection for his late adversary. I think England, however, will timidly follow the lead of Louis Napoleon if he will take the initiative. And if England and France will act {p.828} in concert they need not either of them fear a war with the Yankees. They will come down as tamely as they did in the Trent affair.

Do me the honor to present me kindly to Mrs. Slidell and the young ladies.

I am, very respectfully, &c.,

R. SEMMES.

* Letter of Semmes to Mason of this date omitted, being substantially same as this to Slidell.

** See Vol. II, this series, p. 1076 et seq., for case of Mason and Slidell.

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HEADQUARTERS PROVISIONAL FORCES, DISTRICT OF MIDDLE AND EAST FLORIDA, Tallahassee, March 19, 1862.

Maj. T. A. WASHINGTON, Assistant Adjutant-General, Pocotaligo, S. C.

MAJOR: I have the honor to report for the information of the major-general commanding that Lieutenant Colonel Holland, First Florida Battalion, and the six privates captured with him by the enemy under the French flag off Amelia Island just previous to their occupation of that island, have been released and Lieutenant-Colonel Holland has reported at these headquarters. The illegality of the capture was promptly acknowledged by the flag-officer of the enemy’s squadron as soon as the attending circumstances were made known to him and the release of the prisoners forthwith ordered.

I am, major, very respectfully, your obedient servant,

J. H. TRAPIER, Brigadier-General, Commanding.

[Indorsement.]

HDQRS. DEPT. OF SOUTH CAROLINA AND FLORIDA, Pocotaligo, March 26, 1862.

Having been relieved from the command of the Department of East and Middle Florida, I respectfully refer this communication from Brigadier-General Trapier to the War Department.

J. C. PEMBERTON, Major-General, Commanding.

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Resolution adopted by the Confederate Senate March 20, 1862.

Resolved, That the President be requested to transmit to our commissioners in Europe copies of the supplemental report of the Secretary of War with accompanying documents of March 17, relative to an exchange of prisoners with the Federal authorities.

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TREASURY DEPARTMENT, SECOND AUDITOR’S OFFICE, March 21, 1862.

Hon. J. P. BENJAMIN, Secretary of War:

SIR: It appears necessary that there should be a decision by you as to the amount per day that may be allowed for the board of prisoners of war, including lodging and attendance. Not being aware of any law or regulation prescribing or limiting the same several accounts of county jailers and others for boarding and lodging prisoners at varying prices (deemed reasonable) have been reported by me to the comptroller for payment and have been allowed by him. But in several {p.829} instances where the rate allowed exceeded 22 cents per day payment thereof has been arrested by the Secretary of the Treasury on the ground that under the law the rations furnished prisoners of war shall be the same in quantity and quality as those furnished to men enlisted in the army, and that as the ration of the soldier may be commuted when necessary at a rate to be fixed by regulations of the War Department that rate so fixed should be the limit of allowance for boarding prisoners, and that he (the Secretary of the Treasury) has been informed by the Commissary-General that the rate so fixed was 22 cents. It a uniform rate for the value of the ration (as commuted) had been established by the Department I do not think it would properly be the standard of allowance for the expense of taking care of prisoners, requiring to be housed, lodged and guarded as well as fed. But I am not aware that any such rate has been established.

With regard to the 22 cents cited by the Secretary there is a statement in this office from the Commissary-General as follows:

When troops were hurried to Virginia from all parts of the country last spring the actual cost of a ration, irrespective of cooking, was about 18 1/2 cents. The troops bad no camp equipage, and to obviate the charging of bills on the railroad houses the Commissary-General arranged with the Adjutant-General to direct each officer commanding detachments to have prepared by their men cold victuals for the trip, to be commuted at 22 cents. This was a specialty, saving thousands.

From which it appears that this was a specialty to suit a peculiar emergency a year ago and not the establishment of a fixed commutation value for the ration generally. The first case stopped by the Secretary of the Treasury was that of George D. Pleasants, sheriff of Henrico County, Va., for board and lodging of prisoners in the jail at 50 cents per day. Another was the claim of J. C. Huff, jailer of Roanoke County, for “furnishing and dieting” prisoners at 35 cents per day, which claim had your approval indorsed upon it. On 30th of October I referred for your decision several vouchers in the account of Capt. J. F. Minter, assistant commissary of subsistence, being payments for “boarding and lodging of prisoners of war” at $1 per day-in one instance as high as $1.30 per day. These prisoners were represented to be officers of the U. S. Army. You approved the vouchers and the amount was passed to the credit of the officer.

The cases referred to as stopped at the Treasury Department remain unpaid and others of like character are pending in this office for settlement. I have respectfully to request your decision whether 22 cents is the value of the ration as fixed by the Department, and whether the allowance for board and lodging of prisoners is limited to that or any other specific sum per day. I inclose a copy of a letter addressed by me to the Secretary of the Treasury on this subject on the 13th of September, 1861, in which my views are very decidedly set forth and which I have not since seen any reason to change or modify. On the contrary daily experience is proving their correctness.

I have the honor to be, very respectfully, &c.,

W. H. S. TAYLOR, Auditor.

[Inclosure.]

TREASURY DEPARTMENT, SECOND AUDITOR’S OFFICE, September 13, 1861.

Hon. C. G. MEMMINGER, Secretary of the Treasury.

SIR: I had the honor to receive your communication of the 2d instant, and being desirous to make the reply myself a great pressure of business has prevented my doing so until now. You state that “by the {p.830} act relative to prisoners of war it is provided that the rations furnished prisoners of war shall be the same in quantity and quality as those furnished enlisted men in the Army of the Confederacy,” and you ask: “By what law or for what reason in settling the bill for boarding of prisoners by George D. Pleasants is the commutation value of said rations placed at 50 cents, being much higher than the same allowed to enlisted men of the Confederacy?” In reply I have the honor to state that according to my understanding of the law you refer to, it has no reference to commutation whatever, and that by directing that rations furnished prisoners of war shall be the same in quantity and quality as furnished to enlisted men it means issues in kind according to regulations and therefore cannot apply to commutation on the cost of rations. By the twenty-fourth section of the act (No. 52) “for the establishment and organization of the Army of the Confederate States of America,” approved March 6, 1861, it is provided that “each enlisted man of the Army of the Confederate States shall receive one ration per day,” and the twenty-fifth section of the same act declares that “rations shall generally be issued, but under circumstances rendering commutation necessary, the commutation value of the rations shall be fixed by the Secretary of War to be approved by the President.” Again, by a law of the United States approved March 13, 1836, the commutation value of rations for troops is fixed at 14 cents, and by the act of June 18, 1846, the commutation value of a day’s subsistence was placed at 50 cents for volunteers when traveling to rendezvous and places of discharge to their homes. So much for the law which directs issues in kind, but at the same time authorizes commutation in certain cases such as the present by regulations of the War Department. In the regulations of the War Department relative to subsistence of the army will be found the following authority for commutation: Paragraph 1091: “When a soldier is detached on duty and it is impracticable to carry his subsistence with him it will be commuted at 75 cents per day.” Paragraph 1092: “The expenses of a soldier placed temporarily in a private hospital will be paid not to exceed 75 cents per day.” Paragraph 1093: “The ration of a soldier stationed in a city with no opportunity of messing will be commuted at 40 cents.” The last it should be borne in mind is exclusive of quarters and fuel which the soldier is equally entitled to, the cost of which if added to the commutation will carry the maintenance of the soldier up to and in many cases greatly beyond 50 cents per day. Other authority for commutation at 75 cents a day might be cited, but I deem it unnecessary as I think I have established beyond a doubt that commutation of rations has the clearest warrant both of law and regulations. The reason for reporting for payment the account of George D. Pleasants at 50 cents per day I hope to show as equally satisfactorily that I had the warrant of law for so doing. If the Government owned in the city a building suitable for the safe-keeping of these prisoners of war, and also had a commissary charged with the duty of subsisting them then this issue to them in kind would have been in quantity and quality as the law directs and no such account for board as that of Mr. Pleasants would have been contracted or presented. Such, however, not being the case the Confederate authorities have thought proper to seek of Mr. Pleasants, who is the sheriff or Henrico County, the accommodations of his prison, officers and guards for their safe-keeping and maintenance. For this he has charged the Government 50 cents a day each, which includes quarters, fuel, sleeping convenience and guard, which in my judgment was abundantly reasonable at any time and particularly cheap at this, when the cost of bacon, coffee, sugar and other component parts of the {p.831} ration is doubled and quadrupled. I therefore promptly reported the account for payment and respectfully submit that for so doing I had warrant of law, regulations and common justice.

Respectfully,

W. H. S. TAYLOR, Auditor.

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GENERAL ORDERS, No. 9.}

HDQRS. TRANS-MISS. DIST., DEPT. No. 2, Van Buren, Ark., March 21, 1862.

I. Hereafter when medical officers are captured with other prisoners of war they will be retained to take charge of their own sick and wounded so long as their services may be required, after which time or when the particular command with which they were captured is exchanged or released they will be returned to their own lines under a flag of truce without parole or exchange. In the meantime they will be subject to exchange according to assimilated rank. While employed in care of the sick or wounded prisoners of war they will be allowed all proper facilities and indulgences for the discharge of that duty. When released on parole the performance of medical duties in the field or hospital will not be construed as a violation of parole.

...

By order of Maj. Gen. Earl Van Dorn:

DABNEY H. MAURY, Assistant Adjutant-General.

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NEW ORLEANS, LA, March 25, 1862.

President DAVIS:

To make martial law operative Saint Tammany, Saint Charles, Livingston and Saint John Baptist Parishes should be included. AH on the lake.

M. LOVELL.

[Answer.]

Secretary of War has written you on the subject of application for martial law over adjacent country.

J. D.

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Joint resolution adopted by the Confederate Congress, approved March 25, 1862.

Resolved by the Congress of the Confederate States of America, That the Secretary of War be authorized to apply out of the contingent fund of the War Department such sums of money from time to time as in his judgment may be necessary for the aid of prisoners of war in the hands of the enemy, provided that all sums paid any prisoner or expended for him shall be charged to his account.

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HEADQUARTERS DEPARTMENT OF NORFOLK, March 2d, 1862.

General S. COOPER, Adjutant and Inspector General.

SIR: I send herewith for the information of the Secretary of War a copy of a letter* received yesterday from Major-General Wool.

{p.832}

I shall decline making any arrangements with him, and only remark I see no objection to my receiving and forwarding any proposition he may have to make.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding Department of Norfolk.

* Omitted here; Wool to Huger, March 24, p. 402.

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GENERAL ORDERS, No. 11.}

HDQRS. TRANS-MISSISSIPPI DISTRICT, Little Rock, Ark., March 25, 1862.

When prisoners are made and the officer capturing them finds it necessary to transfer them he will send with them an accurate statement of the circumstances and date of their capture, and will furnish a list giving their names, rank and corps in full.

In case of arrest of others than prisoners of war a careful statement of the date and cause of arrest will accompany the prisoners, setting forth explicitly the charges and stating the witnesses and testimony against the prisoner, with the residences or post-offices of the witnesses.

By order of Maj. Gen. Earl Van Dorn:

DABNEY H. MAURY, Assistant Adjutant-General.

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BOSTON HARBOR, Fort Warren, March 26, 1862.

Hon. O. R. SINGLETON.

DEAR SIR: A few days since I had the honor to address a brief note advising you of my confinement here as a prisoner of war and invoking your assistance to procure me some pecuniary aid from the proper Department. Whether the note reached you or not is uncertain. I now write you to call your attention and ask your assistance to aid me in effecting my exchange. I do not know what settled rule has been adopted on the subject of exchanges of officers, but no doubt to effect this the ratification of the respective authorities must be had. Nor do I know what the chances are at this time for an exchange, but I am quite certain that when an opportunity offers you can assist me in this respect. I invoke your prompt and early attention to this subject.

Your friend and obedient servant,

JOSEPH DRAKE, Colonel Fourth Regiment Mississippi Volunteers, C. S. Army.

[Indorsement.]

General Huger and General Wool are trying to effect a general exchange of prisoners. Colonel Drake’s name and the names of others submitted by you will be furnished to General Wool in case an exchange can be effected. No other step can be taken at present.

[GEO. W. RANDOLPH.]

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WAR DEPARTMENT, Richmond, Va., March 28, 1862.

Maj. Gen. BENJAMIN HUGER, Commanding Department of Norfolk.

GENERAL: Congress has passed a joint resolution authorizing the Secretary of War “to apply out of the contingent fund of the War {p.833} Department such sums of money from time to time as in his judgment may be necessary for the aid of prisoners of war in the hands of the enemy.”

Desiring to carry out the act of Congress and to facilitate the transmission of pecuniary aid from private sources to our prisoners of war I must request that you will propose to General Wool the appointment of a commissary-general of prisoners upon the part of each of the belligerents whose duty it shall be to receive and transmit remittances to prisoners of war, and to have such supervision of their comfort as is usually allowed among civilized nations.

You are fully empowered to make the necessary arrangements for effecting this purpose; but if any difficult point should arise it would be well to notify us before its final determination.

Respectfully,

GEO. W. RANDOLPH, Secretary of War.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., March 28, 1862.

General S. COOPER, Adjutant and Inspector General.

SIR: I send inclosed copies of two letters* received on the 27th instant from Major-General Wool. I was authorized some months since to offer to exchange Colonel Hoffman, now on parole, for Captain Barron, C. S. Navy. No answer has been given me until to day.

I also inclose copy of a letter received from Major-General Wool dated February 13 giving Colonel Pegram authority to remain in Richmond until Colonel Bomford should arrive. As I am informed Colonel Bomford has arrived I beg to inquire if he should not be sent forward or Colonel Pegram returned as their prisoner.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

* Omitted here; Wool to Huger, March 27, p. 407.

[Inclosure.]

HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., February 13, 1862.

Maj. Gen. B. HUGER, Commanding at Norfolk.

SIR: Col. John Pegram who was released on his parole on condition of returning to Fort Monroe by the 15th of February if he did not procure the release of Colonel Willcox or Lieutenant-Colonel Bomford informs me that Lieutenant-Colonel Bomford has been sent for and will be released in exchange for Colonel Pegram when he arrives. You will please send Colonel Pegram authority to remain at Richmond until Colonel Bomford arrives.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

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WAR DEPARTMENT, Richmond, March 31, 1862.

General A. W. G. DAVIS, Richmond.

SIR: Your letter of the 29th instant to the President having been referred to me I deem it proper to inform you that your brother’s case {p.834} and that of other paroled prisoners was disposed of on Saturday after an interview with the President. The determination was to decline granting passports for the prisoners within the lines of the enemy, but to relieve them from the suspicion of having violated their parole by notifying General Wool of their compulsory detention. If you will favor me with your brother’s address I will furnish him official evidence of his detention. With reference to your report of our conversation I beg leave to say that my recollection of its purport differs somewhat from your own, but as it was very brief and in a crowd I may not remember it accurately. It is only necessary for me to assure you that you are mistaken in supposing that I entertained any feeling whatever in the matter.

Very respectfully, your obedient servant,

GEO. W. RANDOLPH, Secretary of War.

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WAR DEPARTMENT, Richmond, March 31, 1862.

Col. M. J. FERGUSON, 167th Regiment Virginia Militia, Present.

SIR: I have received your letter in which you ask either for a certificate of exchange or for passport to return to your captors in conformity with the terms of your parole. The President will not consent to your return to captivity until the enemy sends back to us an equal number in exchange for prisoners already released and sent to them for whom no return has been received. General Wool will be informed immediately of your desire to return to fulfill your parole and of the reasons of your compulsory detention.

Very respectfully,

GEO. W. RANDOLPH, Secretary of War.

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RICHMOND, VA., March 31, 1862.

General R. E. LEE, Commanding C. S. Army, Richmond, Va.

SIR: We have the honor to state that a communication was forwarded by us a day or two since to the Secretary of War of the Confederate States relating to our exchange or general parole for the purpose of effecting an advantageous change of our present condition. Since that time we are informed that Colonel Bomford has received permission to proceed to the United States by virtue of his exchange (for Colonel Pegram). Believing our cases to be similar to that of Colonel Bomford’s; having been made prisoners with him; having taken the same parole and having proceeded to Richmond under the same order, &c., we respectfully request the same favorable consideration for an exchange between ourselves and the Confederate officers now in or near this city who came here as we have been informed for that purpose, or that we may be permitted to accompany him to the North on parole.

We can state in addition that we are now the only officers of the whole number of those belonging to Colonel Reeve’s command who have not been exchanged or received paroles to go to the United States.

We are, sir, very respectfully, your most obedient servants,

Z. R. BLISS, Lieutenant, U. S. Army. J. J. VAN HORN, Lieutenant, Eighth Infantry, U. S. Army.

–––

{p.835}

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[RICHMOND,] March 31, 1862.

Report of S. S. Baxter of prisoners examined by him.

I have examined a number of persons, fugitives from Rockingham and Augusta Counties, who were arrested at Petersburg, in Hardy County. These men are all regular members in good standing in the Tunker [Dunkard] and Mennonite Churches. One of the tenets of those churches is that the law of God forbids shedding human blood in battle and this doctrine is uniformly taught to all their people. As all these persons are members in good standing in these churches and bear good characters as citizens and Christians I cannot doubt the sincerity of their declaration that they left home to avoid the draft of the militia and under the belief that by the draft they would be placed in a situation in which they would be compelled to violate their consciences. They all declare they had no intention to go to the enemy or remain with them. They all intended to return home as soon as the draft was over. Some of them had made exertions to procure substitutes. One man had sent the money to Richmond to hire a substitute. Others had done much to support the families of volunteers. Some had furnished horses to the cavalry. All of them are friendly to the South and they express a willingness to contribute all their property if necessary to establish our liberties. I am informed a law will probably pass exempting these persons from military duty on payment of a pecuniary compensation. These parties assure me all who are able will cheerfully pay this compensation. Those who are unable to make the payment will cheerfully go into service as teamsters or in any employment in which they are not required to shed blood. I recommend all the persons in the annexed list* be discharged on taking the oath of allegiance and agreeing to submit to the laws of Virginia and the Confederate States in all things except taking arms in war.

S. S. BAXTER.

In addition to these cases I report the case of Peter L. Goode, a broken-legged-man, whom I believe to be incapable of military duty, and of John Sanger, a youth of sixteen years. Both these persons were arrested. They seem to have partaken in the Tunker [Dunkard] panic and fled with the others. I believe both of them are faithful and loyal to Virginia and the Confederate States. I recommend they also be discharged from prison here on taking the oath of allegiance and reporting themselves to the proper officer of the regiment of Virginia militia to have their claims to exemption acted on.

S. S. BAXTER.

* Nominal list (omitted) shows forty-five persons.

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WAR DEPARTMENT, Richmond, April 1, 1862.

Maj. Gen. B. HUGER, Norfolk, Va.

SIR: Col. M. J. Ferguson, of the One hundred and sixty-seventh Regiment Virginia Militia; Col. J. W. Davis, of the Virginia cavalry battalion; Private H. Spurlock, Eighth Virginia Regiment of Cavalry, and Private William B. Compton, Thirty-first Virginia Militia Regiment, have applied to this Department for passports to return to Wheeling in order to surrender themselves in conformity with the terms of their parole as prisoners of war. The Department has refused to grant the passports {p.836} and these persons are detained within our lines until the enemy shall have returned to us an equal number of our prisoners in exchange for prisoners released and sent to them for whom no return has been received. You will inform Major-General Wool of this fact, stating the names of these persons, that his Government may be informed of the application and of the reasons of their detention.

Your obedient servant,

GEO. W. RANDOLPH, Secretary of War.

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WILLIAMSTON, N. C., April 1, 1862.

Hon. W. N. H. SMITH.

MY DEAR SIR: Soon after the fall of Roanoke Island I moved my family, furniture and negroes from Plymouth supposing that I should be soon exchanged and should again go directly into the army, and as the length of my absence from home would be uncertain I was unwilling to leave my wife and boy in my town, which could be at any time occupied by the enemy. I write to ask if you can ascertain if there is any hope that I shall be released from my parole. Many other officers who were confined with me and who were released on parole after I was and upon the same terms have been exchanged and are at liberty to give their services to the cause. Why Lieut. S. L. Johnston, Biggs and myself are to be alone left in constraint I cannot understand. Surely the opinion cannot be that we are of least value. If I am to be shelved for the war please learn the fact that I may return home where I can live more cheaply. I beg you will support the recommendation of President Davis declaring all men in the army between the ages of eighteen and thirty-five and please provide that the holding of a commission in the militia shall not exempt. A bad feeling exists all over this part of the State. In one precinct in my county there are young men enough to form a company and Governor Clark has encouraged these scamps in staying at home by saying he should not call the militia from my county into service. Littlejohn, the colonel of our county, is acting badly, repressing volunteering as far as he can. The President’s proposition will give us all the men we want. There have been no gunboats on the Albemarle above the Scuppernong since the little spat at Winston. The Yankees behaved very badly at Columbia. The officers went to the negro huts and openly invited negro women to take their children on board their boats. They took off fifty negro men with them. The negroes who have fled to them at Roanoke Island are greatly dissatisfied. Ten days ago two were shot attempting to escape, and later eighteen had gotten a boat and were making off when they fired a shell into it and killed sixteen. The others continued their flight and took the sixteen dead to Hyde County. I have lost two men; my boy David has gone off to them. I wrote two letters to Bridgers to which he has not replied. Ask him if he received them.

Most truly,

H. A. GILLIAM.

Inform Major Gilliam that Major Revere, the only officer of equal rank paroled by us, has been exchanged. That passports to return are refused to our paroled prisoners and General Wool is notified of the fact.

{p.837}

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SPECIAL ORDERS, No. 3.}

HDQRS. ARMY OF THE MISSISSIPPI, Corinth, Miss., April 1, 1862.

...

V. Any prisoners of war now in confinement at Jackson, Tenn., will be transferred by railroad in proper custody to Columbus, Miss. The provost-marshal at Jackson will call on the quartermaster’s department there for clothing that may be necessary for the health and decent appearance of these men, it being represented that they are in great need of garments. An account will be transmitted with the men of the cost of the articles supplied to each of them.

...

By command of General A. S. Johnston:

THOMAS JORDAN, Assistant Adjutant-General.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., April 2, 1862.

General R. E. LEE, Commanding, &c.

SIR: I have the honor to inclose herewith a copy of a letter* received yesterday from Major-General Wool refusing to exchange Captain Barron, C. S. Navy, for Colonel Hoffman, U. S. Army.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

* Omitted here; Wool to Huger, April 1, p. 414.

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APRIL 2, 1862.

Supplemental report on the case of the Tunkers [Dunkards] and Mennonites.

Since my last report I have seen the copy of the law passed by the Legislature of Virginia on the 29th of March, 1862. It exempts from military duty persons prevented from bearing arms by the tenets of the church to which they belong on condition of paying $500 and 2 per cent. on the assessed value of their taxable property, taking an oath to sustain the Confederate Government and not in any way to give aid or comfort to the enemies of the Confederate Government, with the proviso that if the person exempted is not able to pay the tax he shall be employed as teamster or in some character which will not require the actual bearing [of] arms, and surrender any arms they possess for public use. I renew my recommendation that these persons be discharged on taking the oath of allegiance and an obligation to conform to the laws of Virginia,

S. S. BAXTER.

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FORT WARREN, Boston Harbor, April 4, 1862.

His Excellency JEFFERSON DAVIS, President, &c.

The undersigned, field officers of the Confederate Army captured at Fort Donelson, would represent to Your Excellency that all the victims of that unfortunate disaster are measurably destitute of funds and {p.838} have several months of pay due them from the Government. If some portion of this in current funds could be sent them it would add to their comfort.

Respectfully,

J. C. BROWN, Colonel Third Tennessee Regiment [And Forty seven others.]

[Indorsement.]

SECRETARY OF WAR:

If no arrangement can be made for exchange we must endeavor to supply the wants of the prisoners by the within or other means.

J. D[AVIS].

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WAR DEPARTMENT, Richmond, April 4, 1862.

Hon. A. R. BOTELER, House of Representatives.

SIR: In reply to your letter of the 5th instant I have the honor to inform you that we are trying to effect a general exchange of prisoners and fear that an offer to exchange individuals may defeat the great object we are striving to accomplish.

Very respectfully,

GEO. W. RANDOLPH, Secretary of War.

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WAR DEPARTMENT, Richmond, April 4, 1862.

Hon. O. R. SINGLETON, Bouse of Representatives.

SIR: I have received the letter of Col. Joseph Drake submitted by you. In reply I have the honor to inform you that General Huger and General Wool are now negotiating for an exchange of prisoners of war. The names of Colonel Drake and the other parties furnished by you will be forwarded to General Wool in the event that an exchange can be effected. No other steps can be taken at present.

Very respectfully, your obedient servant,

GEO. W. RANDOLPH, Secretary of War.

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WAR DEPARTMENT, Richmond, April 5, 1862.

Honorable SECRETARY OF WAR.

SIR: General Holmes directed me to call upon you and inform you that I was taken a prisoner of war by the forces of General Burnside, am upon parole, and having been detained in New Berne for three weeks know something of the strength of his command and the disposition of the same. General Holmes desires that I should at once be exchanged in order that I may communicate what I know to him. I am also directed to make known to you by the Surgeon-General the fact that one of the brigade surgeons of General Burnside’s division would like to resign his commission in the Federal Army for a similar position in ours. He is an Englishman and a man of more than ordinary intelligence.

Respectfully, your obedient servant,

G. S. WEST, Surgeon, C. S. Army.

{p.839}

[Indorsement.]

SURGEON-GENERAL’S OFFICE, April 8, 1862.

The exchange with one of General Burnside’s surgeons is not approved. Recommended that Surgeon West be regularly exchanged as soon as possible.

S. P. MOORE, Surgeon-General.

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HEADQUARTERS, Goldsborough, April 6, 1862.

General R. E. LEE, Commanding Armies Confederate States of America.

GENERAL: ...

P. S.-I received a letter from General Burnside saying that he had released on parole our sick and wounded and requested me to release certain of his prisoners. As the United States Government acted in bad faith with us in reference to an exchange of prisoners I did not answer his letter or take other action on it than to send to Washington [N. C.] for the released sick.

TH. H. HOLMES, Major-General.

–––

General S. Price having proposed to General Curtis a certain tariff for exchange of prisoners, the following indorsement is made:

HEADQUARTERS TRANS-MISSISSIPPI DISTRICT, Des Arc, Ark., April 7, 1862.

General Orders, No. 51, Headquarters Department of the Missouri, March 3, 1862, announces by direction of General McClellan a very different tariff of exchange from this. The attention of General Price is respectfully called to it.

By order of Maj. Gen. Earl Van Dorn:

DABNEY H. MAURY, Assistant Adjutant-General.

–––

HARRISONBURG, April 7, 1862.

Honorable SECRETARY OF WAR:

There are now here some men upon parole of honor who were taken by McClellan upon Rich Mountain, and from some neglect, by whom I know not, they have never been exchanged. They are very anxious to enter service again. Is it compatible with the interest of the Confederate States for them to enter service again under these circumstances? There are about forty of them in this county. They were under General Garnett.

Respectfully,

M. M. SIBERT, Captain, Commandant of Post and Provost-Marshal.

–––

RICHMOND, April 9, 1862.

Maj. Gen. BENJAMIN HUGER, Norfolk:

Has General J. E. Wool responded to the proposition to appoint a commissary of prisoners?

G. W. RANDOLPH, Secretary of War.

{p.840}

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HEADQUARTERS, Richmond, Va., April 9, 1862.

Maj. Gen. T. H. HOLMES, Commanding, &c., Goldsborough, N. C.

GENERAL: ... With reference to the exchange of prisoners I would state that while I believe the enemy have acted in bad faith in the matter it is not desirable to follow a bad example. If you have any sick or wounded prisoners of the enemy I would advise their release in return for the release of ours by General Burnside.*

I am, general, very respectfully, your obedient servant,

R. E. LEE, General, Commanding.

* For this letter entire see Series I, Vol. IX, p. 457.

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WAR DEPARTMENT, Richmond, April 10, 1862.

Maj. Gen. B. HUGER, Commanding, &c., Norfolk, Va.

SIR: You will inform General Wool that this Department agrees to the following exchanges of prisoners proposed by the Secretary of War of the United States, viz: (1) Col. William R. Lee, Twentieth Massachusetts Regiment, for Col. Robert F. Baldwin, Twenty-first Virginia [Thirty-first Militia] Regiment; (2) Maj. P. J. Revere, Twentieth Massachusetts Regiment, for Maj. E. W. McAlexander, Twenty-seventh Alabama Regiment; (3) Dr. E. H. R. Revere, Twentieth Massachusetts Regiment, for Maj. W. N. Brown, Twentieth Mississippi Regiment.*

Very respectfully,

GEO. W. RANDOLPH, Secretary of War.

* See indorsement on letter from Thomas to Dimick, April 1, p. 414.

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RICHMOND, VA., April 10, 1862.

Honorable SECRETARY OF WAR, Richmond.

SIR: I respectfully request that I may be exchanged for Lieutenant-Colonel Neff who was captured by me at the battle of Scary in July last. I am a prisoner on parole. Was captured in the defense of Roanoke Island. I think it but fair I should be heard. Two officers out of three captured by me are here, Lieutenant-Colonel Neff and Colonel Woodruff, Colonel De Villiers having escaped. I pray my request may be granted so I can take my position in the field where my services are needed.

Very respectfully, your obedient servant,

FRANK P. ANDERSON, Lieutenant-Colonel Fifty-ninth Regiment Virginia Volunteers.

[Indorsement.]

The Department is about making another effort to procure an exchange of prisoners and hopes soon to be able to relieve Colonel Anderson. If this trial should be unsuccessful his case will be again submitted to the President.

G. W. R.

{p.841}

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RICHMOND, April 11, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

DEAR SIR: During my interview with you this morning you requested me to prepare a written application for exchange and hand it in to you. I propose now to comply with your request. I was taken prisoner of war on Roanoke Island on Saturday, the 8th of February last. On the 21st the same month I was released upon my parole of honor not to take up arms again until honorably exchanged. During the time that has elapsed since my capture I have used every effort in my power to get exchanged so that I might again enter the service of my country. One great reason why I am anxious to get exchanged as speedily as possible is that I have an opportunity of raising a respectable force to conduct a guerrilla warfare in that portion of North Carolina lying upon Albemarle and Pamlico Sounds. Time and again have I been approached by those who are anxious to enter this branch of the service soliciting me to raise companies for that purpose, but the terms of my parole would not permit me to give them any encouragement. I have no hesitancy in saying that if released I could in a short while raise from 300 to 500 troops, who when properly organized would prove a terror to the base miscreants who are now committing depredations in that section of my native State. It may not be amiss for me to state that my thorough acquaintance with the geography of that whole country would afford me peculiar advantages in prosecuting that mode of warfare. Added to this the fact that my family have been driven from their home and my property destroyed would I trust inspire me with unusual zeal in my efforts to drive the merciless invader from the land of my birth. I hope, sir, that you will second my efforts to effect an exchange so that I may again enter the service of my country.

Very respectfully, your obedient servant,

J. W. HINTON, Captain Company A, Eighth Regiment North Carolina Troops.

[Inclosure.]

RICHMOND, April 10, 1862.

I agree to accept a parole of fifteen or twenty days, and enter into a solemn obligation to return as a prisoner of war to the Confederate Government at Richmond at the end of my parole should I fail to effect an exchange with the Government of the United States of Capt. J. W. Hinton, of the Eighth Regiment North Carolina Troops, for myself.

JOHN DOWNEY, Captain Company D, Eleventh New York Volunteers.

–––

RICHMOND, VA., April 11, 1862.

Hon. GEORGE W. RANDOLPH, Secretary of War.

DEAR SIR: I have been acquainted with Capt. James W. Hinton, of the Eighth Regiment of North Carolina Volunteers, Colonel Shaw, taken prisoner at the battle of Roanoke Island. He resides at Elizabeth City, in my district. Captain Hinton is a gentleman of large popularity and influence; is earnestly embarked in the cause of Southern independence, and is capable if freed from his parole of rendering most efficient service in the locality of his residence by organizing and {p.842} directing detached military movements. His own residence has been consumed by the flames at the time of the bombardment of his town. He is a man of energy and spirit, and I beg earnestly to ask if it be practicable that he may be exchanged and released from his parole at the earliest moment.

Very respectfully, &c., your obedient servant,

W. N. H. SMITH.

We concur in the request contained in the foregoing letter.

R. R. BRIDGERS. THOS. H. ASHE. J. R. MCLEAN. A. T. DAVIDSON. T. D. MCDOWELL. A. H. ARRINGTON. GEO. DAVIS. W. T. DORTCH.

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WAR DEPARTMENT, Richmond, April 12, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: I respectfully ask if compatible with the public interests a parole of thirty days for the following prisoners now confined in this city, to allow them to obtain exchanges for themselves from prisoners in the hands of the United States Government, they pledging themselves to return if unsuccessful: Reverend Mr. Eddy, chaplain; Reverend Mr. Dodge, chaplain; Lieutenant Gordon, of the Dragoons; Major Vogdes, I know not what department. If the last three cannot be granted at least I would urge the first.

Very respectfully, yours,

T. V. MOORE.

[Indorsement.]

Inform Reverend Mr. Moore that the President has determined for the present not to permit individual exchanges. We desire to effect a general exchange.

G. W. RANDOLPH.

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HDQRS. DEPARTMENT OF ALABAMA AND WEST FLORIDA, Mobile, April 13, 1862.

Brigadier-General PRENTISS, U. S. Army.

GENERAL: I am directed by the general commanding to say that upon the verbal explanation given to me this morning in relation to the official note addressed to the commanding officer at Tuscaloosa by General Beauregard’s assistant adjutant-general assuring me that you had been paroled to go to Tuscaloosa you are hereby released from confinement under guard, and have the same liberty granted to Captain McMichael and Robert Potter and Ed Jones. If you desire it you can change the place of your destination to Talladega to be with the rest of your officers. Will report to the commanding officer at that point. Of course the three persons you take with you under this authority give the same parole as you have already given.

Your obedient servant,

CHAS. S. STRINGFELLOW, Assistant Adjutant-General.

{p.843}

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HEADQUARTERS, Memphis, April 13, 1862.

Col. T. JORDAN, Assistant Adjutant-General, C. S. Army.

COLONEL: In compliance with instructions from General Beauregard, commanding, Surgeon Gordon and Assistant Surgeon Whitnell, U. S. Army, prisoners of war captured at Belmont, arrived here from Tuscaloosa, Ala., the one to be exchanged for Surgeon Vanderville, C. S. Army, captured at Fort Donelson, the other to be released on parole. As there was a boat about starting for Fort Pillow I ordered them on board to report to commanding officer of Fort Pillow thence to be taken by the senior naval officer of that station under flag of truce to the Federal lines, but owing to a transfer and retransfer of troops by order of General Price the boat was detained some twenty-four hours. In this time some officer or officers of General Price’s command disclosed to these Federal officers all he knew with reference to General Van Dorn’s command, its number, its destination, &c.; also the armament at Fort Pillow and so on. I have, therefore, detained these surgeons here on parole until further instructions. Should an oath be administered to them not to disclose or divulge anything relating to the military operations, and they then be sent forward, or not?

I am, colonel, very respectfully, yours,

JOHN ADAMS, Captain, C. S. Army, Commanding.

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RICHMOND, VA., April 14, 1862.

Hon. GEORGE W. RANDOLPH, Secretary of War.

SIR: I beg leave to urge upon your consideration the speedy exchange of the officers and men captured at Roanoke Island. The corps captured were as follows: Six companies of the Forty-sixth Regiment Virginia Volunteers, part of the First Regiment of the infantry of my legion, eight companies of the Fifty-ninth Regiment Virginia Volunteers, part of the Second Regiment of the infantry of my legion, five companies of the battalion of my legion under Lieutenant-Colonel Green, three companies of the Seventeenth Regiment of North Carolina Volunteers, the Eighth Regiment of North Carolina Volunteers under Colonel Shaw, the Thirty-first Regiment of North Carolina Volunteers under Colonel Jordan. The first fourteen companies of my legion are all seasoned soldiers who have been repeatedly under fire for nearly twelve months. The other five companies are prime troops who have been drilled for some six months and are far superior to new recruits. Of the North Carolina volunteers many are fine troops and have seen some service. It is very desirable to have these officers and men all back again in the service. The nineteen companies of my legion would largely contribute to make up my new brigade and they are anxious to return to service. I know of no obstruction to their exchange. General Burnside proposed terms which were perfectly fair and liberal. Our men were paroled at once on but two conditions: first, they were not to serve until regularly exchanged; second, they are to be exchanged for prisoners of the enemy who have been longest captured. These terms were accepted promptly and unconditionally before any misunderstanding about negotiations between Generals Wool and Cobb, and are wholly independent of any other arrangements whatever. I earnestly ask that the equivalent number of officers and men may be at once {p.844} exchanged for these of ours on parole and that the latter of my legion may be ordered as soon as exchanged to report to me.

I am, very respectfully, your obedient servant,

HENRY A. WISE, Brigadier-General.

[Indorsement.]

We are very desirous of effecting a general exchange but the enemy after agreeing to it refused to execute the agreement.

G. W. R.

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FORT WARREN, Boston Harbor, April 15, 1862.

Hon. Secretary BENJAMIN:

I am one of the number surrendered at Fort Donelson on the 16th day of February, 1862, by superior officers without my consent or knowledge and now a prisoner of war at Fort Warren and will there remain one until I can be exchanged. I do not claim any exclusive privileges but wish to be remembered by you when an opportunity is offered for exchanging. I do this as I have no acquaintances in your councils to represent me. The principal part of my regiment was sick with measles and sent to Florence, Ala., at the time of the fight at Donelson. Only had 279 men, including officers, surrendered. I am informed that my regiment is reorganized. My time will not expire until the 28th of June next. If the war is kept up will not then. I will not further tax your patience. You know what I want.

I have the honor of being, your obedient servant,

A. A. HUGHES, Colonel Twenty-seventh Regiment of Alabama Volunteers.

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HEADQUARTERS ARMY OF THE MISSISSIPPI, Corinth, Miss., April 16, 1862.

OFFICER COMMANDING C. S. FORCES AT MICKEY’S.

SIR: With this you will find a letter* to the commanding general of the Federal forces which please transmit to his lines with a flag of truce. At the same time you may send in one of the enemy’s surgeons now in the hospital near Mickey’s. The letter is sent open so that you may read it. Exchanges of prisoners of equal rank only are spoken of in the communication, but of course it is not intended to confine exchanges to that, and if there are any of our wounded officers, Capt. M. T. Polk for example, who can be removed the general of course would desire their exchange according to ratio made and published in orders by the Federal commander.

Respectfully, your obedient servant,

THOMAS JORDAN, Assistant Adjutant-General.

* Omitted here; Beauregard to Buell April 15, p. 456.

–––

SELMA, ALA., April 16, 1862.

General BEAUREGARD:

I am unable to decide whether or not what I am about to communicate is a matter of any importance. This you can better determine. A {p.845} portion of the Federal officers recently captured and among them General Prentiss went up from this place by railroad on yesterday to Talladega. I went a part of the way and was present during a conversation between General Prentiss and one of our citizens. The general was quite talkative and spoke freely and apparently very frankly in relation to the battle in which he was taken and of the plans and resources of the Federals. He says he was surprised, which seems evident enough. He says they, the Federals, have greatly the advantage in strength and numbers, and it is not their policy to incur risks by attacking you where you are strong, but to go around you and attack where formidable resistance cannot be made. He says General Buell has a reserve of 75,000 and that the North has 250,000 men in camps of instruction; that all opposition would soon be overcome; that the Federals would in a short time have Memphis and very soon thereafter New Orleans. I give the substance of his statements, without undertaking to state the exact words. He was quite civil and polite, but spoke in a confident and rather boastful air, predicting that the South would be overrun in ninety days. I believe he stated that Decatur was one of the points they designed to attack. If you find anything of importance or value in the above I shall be repaid for the little trouble I have had in writing it; otherwise your loss will be the little time required to read this.

Most respectfully, yours,

J. W. LAPSLEY.

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HEADQUARTERS, Richmond, April 16, 1862.

General G. T. BEAUREGARD, Corinth, Miss.

GENERAL: I have the honor to propose to you if circumstances permit that General Prentiss be offered in exchange for General Buckner. If you think it advisable General Prentiss could be released on parole for a limited period with the understanding that General Buckner be returned within our lines at its expiration, or that he should return himself.

Very respectfully, your obedient servant,

R. E. LEE, General.

[Indorsement.]

Approved.

G. T. BEAUREGARD, General, Commanding.

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HDQRS. TWENTIETH REGIMENT TENNESSEE VOLS., Camp near Corinth, Miss., April 16, 1862.

Col. W. S. STATHAM, Commanding Third Brigade, Reserve Corps:

You are already aware that Col. Joel A. Battle, commanding this regiment, was captured by the enemy on the battle-field of Shiloh and is now a prisoner. My great anxiety together with that of the officers and men of the regiment for his exchange and return to his command induces me to ask of you the favor to forward this request in proper form to General Beauregard. I also respectfully ask the privilege of passing the lines with a small escort for the purpose of effecting the {p.846} exchange. The gallant services of Colonel Battle on the field having come under your own observation you are well aware of the value of his presence and example to the army.

I have the honor to be, &c.,

PATRICK DUFFY, Major, Commanding Twentieth Regiment Tennessee Volunteers.

[First indorsement.]

Approved and respectfully forwarded to headquarters Reserve Corps, with the hope that the exchange may be effected as speedily as possible.

W. S. STATHAM, Colonel, Commanding Third Brigade, Reserve Corps.

[Second indorsement.]

Cordially approved and respectfully forwarded.

JOHN C. BRECKINRIDGE, Major-General, Commanding.

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HEADQUARTERS DEPARTMENT OF NORFOLK, April 17, 1862.

Hon. G. W. RANDOLPH, Secretary, of War.

SIR: I send herewith a copy of a letter* on the subject of a commissary for prisoners of war received yesterday from General Wool.

I am, very respectfully, your obedient servant,

BENJ. HUGER, Commanding, &c.

* Omitted here; Wool to Huger, April 16, p. 456.

[Indorsement.]

Can you suggest any mode of remitting money to our prisoners at the North? You are authorized to enter into arrangements for a fair and honorable exchange of prisoners, and may inquire in your own name whether we are considered as having violated any engagement about the exchange of prisoners, and if so in what particular. We are exceedingly desirous to effect a general exchange if it can be done on equal terms.

G. W. R.

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RICHMOND, April 18, 1862.

Governor J. G. SHORTER, Montgomery:

You are authorized and requested to take any steps you may think proper to secure the prisoners if action be necessary before the Government can effect it.

G. W. RANDOLPH, Secretary of War.

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C. S. FLAG-SHIP VIRGINIA, April 18, 1862.

Hon. S. R. MALLORY, Secretary of the Navy.

SIR: I have the honor to forward herewith for your consideration copies of a letter from Major-General Huger to myself, of one* to {p.847} Major-General Huger from Flag-Officer L. M. Goldsborough, commanding the enemy’s forces on the Chesapeake (transferred to me), and of my reply** to Flag-Officer Goldsborough.

I am, sir, with great respect, your obedient servant,

JOSIAH TATTNALL, Flag-Officer, Commanding, &c.

* Omitted here; Goldsborough to Huger, April 15, p. 452.

** Omitted here; Tattnall to Goldsborough, April 17, with Mallory’s indorsement, p. 459.

[Inclosure.]

HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., April 17, 1862.

Flag-Officer J. TATTNALL, Commanding, &c.

SIR: I received the inclosed letter yesterday. As the prisoners captured on the U. S. frigate Congress were in charge of the Navy Department and not under my control I beg to refer this letter to you and will inform Commodore Goldsborough I have given it this direction.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, April 18, 1862.

General S. COOPER, Adjutant and Inspector General, Richmond, Va.:

A body of 700 Union men en route for Kentucky were attacked to-day by Captain Ashby above Fincastle. After a short battle 400 were taken prisoners, whom I will send South to-morrow. Where shall they go? General Carter claims by a flag of truce a like party captured some weeks since to be Federal troops.

E. KIRBY SMITH, Major-General, Commanding.

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HEADQUARTERS, Memphis, April 18, 1862.

Col. T. JORDAN, Assistant Adjutant-General.

COLONEL: In reply to dispatch from General Beauregard inquiring if any prisoners escaped I have the honor to say that the train conveying the prisoners arrived here about 6 p.m. It was impracticable to transfer the same train to the Mississippi and Tennessee Railroad, and before the prisoners could be transferred from the train to the depots provided for their safe-keeping a heavy storm occurred. In the rain and darkness, although there were about 400 men on duty as a guard, it was impossible to thoroughly and efficiently guard the prisoners. Besides the guard labored under the disadvantage of having a large crowd of citizens pressing on them. The guard that came here with the prisoners had no roll of them and the officer in charge did not know how many prisoners he had. Under these circumstances it was impossible to ascertain if any prisoners escaped. I have since ascertained that one did escape, and I found this out by his being apprehended and brought back. I do not think any others got away, nor do I think there was any culpability on the part of the guard. While the prisoners were en route from this place for Jackson, Miss., the train started {p.848} off from a station where it had stopped and left one prisoner behind. He was apprehended and sent on to Mobile where they were all turned over to the military authority there.

I am, general, very respectfully, your obedient servant,

JOHN ADAMS, Captain, C. S. Army, Commanding.

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CORINTH, April 18, 1862.

Maj. GEORGE G. GARNER, Assistant Adjutant-General:

Upon the morning of the 17th instant I was detailed as a bearer of a flag of truce to the enemy by order of Lieutenant-Colonel Marrast, commanding First Brigade, General Withers’ division. According to instructions I reported immediately to Colonel Marrast at the hospital known as Mickey’s and there received dispatches from General Beauregard to General Buell. A Federal surgeon, Doctor Rumbaugh, of the Twenty-fifth Missouri Regiment, accompanied me by Colonel Marrast’s order. I found the line of the enemy’s pickets to run not parallel with but at right angles to ours about half a mile northeast from the neutral hospital. As I approached the lines my escort was halted and I rode to the pickets. Lieutenant Wickliffe, Second Kentucky Cavalry, was present. He asked me for my dispatches and I replied that my orders were to deliver them either to General Buell or to one of his staff. Upon that be took an officer in fatigue uniform aside and conferred with him about five minutes, when he returned and said that he would send for General Buell and dispatched a sergeant within the lines. In about half an hour the messenger returned with General McCook and staff who asked for the dispatches. I told him my orders, when he told me that no flag of truce could be admitted within the lines, but said that he would send them to General Buell I then asked who was the ranking officer present and was informed that General McCook was and I placed the package in his hands. He sent it in immediately by a sergeant of his escort, remarking that if I had been there a little sooner I could have seen General Buell himself.

During the absence of the messenger much conversation was held between the various officers present and myself, the main points of which I will detail. General McCook asked me if we had possession of the body of General A. S. Johnston. I told him we certainly had. He then said that an officer was found dead on the field who was said by many to be General Johnston. He knew said officer to have been of high rank because he had a star on the collar of his coat. I reassured him that we certainly had the body of General Johnston, but did not correct his mistake in regard to the insignia of rank of the officer found except so far as to assure him that the body of no officer of even considerable rank in our army had been left in their possession. He seemed satisfied with the candor of my replies. He then asked me where and how was General Prentiss and remarked with much profanity that he hoped we would keep him and his brigade, and that they had many generals of the same kind whom he wished we had. He expressed great surprise at the manner in which our army was armed, saying that he expected to meet flint-lock muskets and found instead the finest minie rifles and European Enfield rifles with far finer ordnance than they had. Upon his suggestion that the Nashville had brought these in I replied that the Nashville had not, but that many other vessels had. He asked where the Nashville was now. I replied {p.849} that I did not know. He then said that a large portion of the army of Manassas must have been present at the battle of Shiloh. Upon my assuring him that none of it was there he wished to know where “under heaven” our troops that were in the battle of Shiloh had been drilled, remarking that the attack on Sunday, the 6th, was most brilliantly planned and splendidly executed and that we came near gaining a complete victory. He was exceedingly severe in his remarks upon many Ohio and Iowa regiments, remarking to me that he supposed we considered them the greatest cowards in the world.

He spoke in the highest terms of our officers and said that our Government had made its appointments much more discreetly than his. He asked me how far it was to Corinth. I told him I did not know. He said that they would be down in a few days and ought to have been there before this. I told him I thought his delay a wise one as if he came he would certainly have to travel the road twice and that it was improving daily.

During the whole conversation I was treated pleasantly and courteously. A Virginian, captain of artillery (Federal), Terrill by name, expressed a desire to see General Bragg to get his opinion as to how his battery was served during the recent fight. He also wished to send two bottles of brandy by me to General Hardee whom he knew at West Point, but which I refused to take. General McCook expressed surprise as to why General Beauregard had addressed his dispatches to General Buell instead of General Grant, saying that General Grant was in command.

About a half hour after the messenger had been sent to General Buell he returned. I was then informed by General McCook that General Buell was absent from his headquarters just then but that an answer would be sent to our lines under a flag of truce that evening or the next morning. I was then dismissed and rode away. General McCook said that during the recent fight our army was so well supplied with ambulances and assistants that nearly all our wounded were removed by ourselves. He learned the purport of the dispatches I brought from Doctor Rumbaugh and told me he did not doubt that an exchange of wounded prisoners would be agreed to, but that they had sent almost all our wounded to Saint Louis or Paducah or Cincinnati to be better cared for.

I remember nothing else that is of enough moment to relate. The Federal surgeon returned to our lines with me. I reported to Colonel Marrast upon my return who immediately began dispatches to General Bragg, detailing me to bring them. Meanwhile information was brought that a flag of truce from the enemy was at our lines and Lieutenant Reese, First Regiment Alabama Cavalry, was sent to receive it. He came back and in my presence reported the following which Colonel Smith and Colonel Marrast instructed me to communicate verbally to General Bragg: He said that he found the flag to protect a Federal surgeon and another officer, having with them an ambulance of medical stores for our wounded at the Mickey Hospital. He was refused admission upon the ground that we had enough of our own.

After they had gone one of our pickets told him that before he came and while the other picket had been sent in the officer under the flag endeavored to induce him to desert, pointing out the difference between his clothing and that of the escort. The picket replied with proper spirit and indignation. These last facts are given as I heard them. I was then ordered to bring dispatches immediately from Colonel Marrast to General Bragg and arrived at his headquarters about 11 last {p.850} night, when I delivered them to Maj. G. G. Garner to whom they were addressed. I was by Major Garner instructed to report to General Bragg this morning and at the order of General Bragg I have prepared this report.

Respectfully,

SAM. S. HARRIS, Lieutenant, Company F, First Regiment Alabama Cavalry.

[Indorsement.]

Respectfully forwarded to the commanding general. It will be seen the report of an attempt to seduce our picket to desert rests on hearsay.

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WAR DEPARTMENT, Richmond, April 19, 1862.

JOHN H. WHEELER, Esq., Garysburg, N. C.

SIR: Your letter of the 10th instant has been received. I regret to inform you that for the present individual exchanges have been suspended with the hope of effecting thereby a general exchange of prisoners.

Respectfully,

GEO. W. RANDOLPH, Secretary of War.

(Same to Rev, T. V. Moore, Richmond, Va., and Lieut. A. E. Welch, prisoner of war, Company F, First Minnesota Regiment, Salisbury, N. C.)

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HEADQUARTERS DEPARTMENT OF INDIAN TERRITORY, Fort McCulloch, April 19, 1862.

The SECRETARY OF WAR.

SIR: I inclose you a letter from Col. John Drew, commanding regiment of Cherokee Mounted Rifles, in regard to Capt. Richard Fields, Surg. James P. Evans and Private Walter N. Evans, of his regiment. They were all taken prisoners by the U. S. troops in the actions at Elkhorn and are still held as such. I have information of the fact as to all of them. I also know that seven prisoners were taken by Colonel Drew’s command at Smith’s Mills, put in the hands of the provost-marshal-general of General Price’s army and taken South with the other prisoners. I trust that steps will be taken to procure the exchange of these officers and Private Evans, and as it is understood that perhaps it is intended to treat them with unusual severity in consequence of their being members of the Indian Brigade I hope that it will be made known to the authorities of the United States that in case any outrage upon them is committed ample reprisals will be made.

I am, very respectfully, your obedient servant,

ALBERT PIKE, Brigadier-General, Commanding Department of Indian Territory.

[Inclosure.]

WEBBER’S FALLS, C. N., March 27, 1862.

Brig. Gen. A. PIKE, Commanding Department of Indian Territory.

SIR: Among the members of this regiment who have not joined it since the battle of Pea Vine Ridge on the 7th and 8th instant are Captain Fields, of Company F, and the surgeon, Dr. James P. Evans, and {p.851} his son, Walter, a member of Company H, commanded by Capt. E. R. Hicks. No information has been had of Captain Fields and it is not known whether he was killed in the engagement or captured by the Federal troops. Doctor Evans with his son is said to have been made prisoner, and it is reported is held in consequence of being attached to an Indian regiment for the supposed purpose of trial under the late law regulating trade and intercourse between the United States and the Indians.

The object of this letter is to solicit your interest in behalf of the officers named and of any other members of this regiment who may have been made prisoners by the U. S. forces. If Surgeon Evans has been captured while in the discharge of his professional duties on the battle-field and is held contrary to the usages of war it is important that the fact should be known and understood. Surgeon Evans is a member of the Cherokee Nation by marriage. His services are greatly needed by this regiment.

It may be proper to remark here that seven Federal troops surrendered to this regiment near Smith’s Mills on the 6th and were delivered to the Confederate authorities. In any exchange of prisoners that may be made between the United States and Confederate States Governments this regiment should be entitled to any benefits resulting from that fact.

I have the honor to be, sir, very respectfully, your obedient servant,

JOHN DREW, Colonel, Commanding Regiment Cherokee Mounted Rifles.

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MEMPHIS, April 19, 1862.

Brig. Gen. JAMES E. SLAUGHTER, Assistant Inspector-General, C. S. Army, Corinth, Miss.

GENERAL: In reply to yours* of the 13th instant in regard to the attention paid Brigadier-General Prentiss, his conduct in Memphis, &c., I have the honor to report thus: I had previous to the reception of your letter commenced an investigation of the matter and had discovered that rumor had very much exaggerated what I of course would not have permitted had I not been out of the city that night. I have since caused the parties implicated to file a written statement of the facts over their own signatures in this office. With this and other evidence corroborating the statements of my officers having the prisoner in charge the facts are briefly as follows: On the arrival of the train at the depot General Prentiss was put in a carriage in charge of the assistant provost-marshal of Colonel Monsarrat, of the C. S. artillery, and one or two others, private citizens. On their arrival at the Exchange Building General Prentiss complained very much of hunger; that he had had nothing to eat for forty-eight hours, &c., and read a letter to the gentlemen present purporting to be from General Beauregard or some of his staff officers asking for General Prentiss’ kind treatment from our authorities and citizens; that some of the party procured for him a ham and some crackers. A bottle of wine was brought in, but none of it drunk by General Prentiss, and was taken out as soon as discovered by the assistant provost-marshal-general.

General Prentiss attempted or essayed to make a speech or speeches to his own men, but was invariably checked in this as in everything {p.852} else improper at once. I regret having to add, however, that his conduct and bearing here was anything but gentlemanly under the circumstances and impressed our people almost universally with the idea that he was a disgrace if possible even to his position in the Lincoln army.

Very respectfully, your obedient servant, &c.,

L. D. McKISSICK, Civil Governor and Provost-Marshal.

* Not found.

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CORINTH, April 19, 1862.

Col. THOMAS JORDAN, Assistant Adjutant-General.

SIR: I write to inform you that Surgeon Gordon, U. S. Army, ordered to be exchanged for myself and Assistant Surgeon Whitnell (ibid.), ordered to be put on parole, are detained in Memphis by order of Capt. John Adams, commanding post, in consequence of disclosures having been made to them by commissioned officers in the Confederate service relative to the position of our army, forts, &c. Captain Adams deemed it his duty to detain them and has communicated the facts to you (as he informed me) and awaits your orders. Those surgeons requested me to inform you that they would take an oath of secrecy if you would permit them to pass. So far as myself is concerned, general, all I wish is that I may be exchanged for Surgeon Gordon as per your order when you deem it prudent to order the thing done.

Your obedient servant,

T. J. VANDERVILLE, Surgeon Fifty-first Regiment Tennessee Volunteers.

–––

HDQRS. RESERVE CORPS, ARMY OF THE MISSISSIPPI, April 20, 1862.

Brig. Gen. THOMAS JORDAN, Assistant Adjutant-General.

SIR: Inclosed is an agreement* for exchange of wounded prisoners agreed upon by the medical director of my command and a medical officer of the Federal Army. The accompanying slip exhibits a list of 1 captain, 5 sergeants and 2 corporals to be regarded in this exchange; the remainder, 55 in number, are all privates.

All of which is respectfully referred.

JOHN C. BRECKINRIDGE, Maj. Gen., Comdg. Reserve Corps, Army of the Mississippi.

* Omitted here; see Rumbaugh to General -, April 13, with its inclosure, p. 450.

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HEADQUARTERS ARMY OF THE MISSISSIPPI, Corinth, Miss., April 20, 1862.

General BRAXTON BRAGG, C. S. Army, Commanding Second Corps.

GENERAL: Chaplain Pace, of the Federal Army, with some eleven of the wounded prisoners of the enemy has been brought from the hospital at the Mickey house into this place by order the general is informed, of Colonel Smith, commanding at Monterey. These men were the subject of the agreement made by General Breckinridge with a Federal surgeon, and the general does not exactly understand the {p.853} reasons which have led to their removal here, especially of the chaplain. He has therefore instructed me to refer the matter to you to ascertain why Colonel Smith sent him and the wounded away.

Respectfully, your obedient servant,

THOMAS JORDAN, Assistant Adjutant-General.

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HERNANDO, DE SOTO COUNTY, MISS., April 20, 1862.

Hon. JEFFERSON DAVIS.

DEAR SIR: I would not presume to address you if I did not hope and believe you will grant the dearest desire of my heart. My husband, Dr. Lemuel H. Hall, surgeon of First Regiment of Mississippi Volunteers, and one brother are among the noble ones captured at Fort Donelson. I have two other brothers in the army. I earnestly prayed that we might take prisoners to get them back. We have taken them, thank God, but I am sadly disappointed. I saw in yesterday’s Memphis Appeal that General Beauregard has proposed to exchange those captured at Shiloh for ours taken at No. 10. As there is no general left to propose an exchange for the poor deserted ones of Donelson, we depend entirely upon our kind President to rescue them from the hands of the enemy. There will be a good many Lincolnites left in our hands after we get the No. 10 prisoners back. God grant that they may go for some of ours. My dear husband supported his wife and the little children by his practice before he left. He gave up all for his country. He sent me regularly a part of his wages, but alas with him went our all. I have got one short note from him. He said he could have escaped but would not leave the wounded boys. Will you, dear President, try as soon as possible to restore him to his family? You have a wife and little ones. You can, better appreciate my feelings than one that has never had a dear companion.

Hoping and praying that my beloved husband and dear brother (W. T. Sanders) may soon be safely returned to their families,

I am, yours, in great distress,

HELEN M. HALL.

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WAR DEPARTMENT, Richmond, April 21, 1862.

Brig. Gen. H. A. WISE, Richmond, Va.

SIR: Your letter of the 14th instant has been received. We are very desirous of effecting a general exchange of prisoners, but the enemy after agreeing to exchange refused to execute the agreement.

Your obedient servant,

GEO. W. RANDOLPH, Secretary of War.

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MONTGOMERY, April 21, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: ... Prisoners at Talladega will reach Selma to-day. Near 1,000 prisoners there without blankets, almost without clothing. Can get bagging for them if authorized. Do State authorities enroll under conscript act?

JNO. GILL SHORTER, Governor.

{p.854}

[First indorsement.]

Forward the blankets as soon as possible.

G. W. R[ANDOLPH].

[Second indorsement.]

QUARTERMASTER-GENERAL’S OFFICE, April 25, 1862.

Major Calhoun, quartermaster at Montgomery, ordered to procure bagging for the prisoners. Major Lee, Charleston, ordered to send 5,000 blankets for issue to the Alabama regiments-new troops.

A. C. MYERS, Quartermaster-General.

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STEAMER PLANET, Fort Donelson, April 21, 1862.

General JOHN C. BRECKINRIDGE.

SIR: You no doubt learned before this time of my bad fortune in being captured by the enemy on Monday, the 7th instant, about 1 p.m. I had previously had two horses shot under me and was so much injured by falling from them that I was unable to walk and consequently captured. On the following Wednesday I saw General Grant, then commanding the Federal forces at Pittsburg, and he readily consented to exchange me for an officer of equal rank or officers of inferior rank, in accordance with an arrangement entered into by the contending parties, captured by our forces during the engagement. I immediately addressed a note to General A. S. Johnston which he, General Grant, promised to send to our lines under a flag of truce, allowing me to remain on board this boat on parole until the arrangement could be consummated.

Allow me to say that I cannot doubt that my friends will consent to the exchange. I feel assured if they could appreciate my anxiety to return to my command and place any value on my poor services I shall soon be allowed to return to my duty and to my friends. From the readiness with [which] General Grant agreed to my proposal I cannot doubt his sincerity. It may be, however, that the change which has since taken place (General Halleck having assumed command) may prevent the arrangement. I ask you and other friends to use every effort for my immediate restoration. If all fails I then submit to my late like a good soldier and wait future events. Since my captivity I have been treated by the Federal officers that I have come in contact with with courtesy and politeness. I have met a large number of them.

This will be borne by Doctor Dulaney, an exchanged prisoner (a surgeon) captured at Mill Springs, Ky. I refer you to him for further particulars.

Very respectfully,

JOEL A. BATTLE, Colonel, Commanding Twentieth Regiment Tennessee Volunteers.

[Indorsement.]

Respectfully forwarded with the earnest hope that efforts will be made for the exchange of Colonel Battle, who is one of the bravest men and best officers I have seen in the army.

JOHN C. BRECKINRIDGE, Major-General, C. S. Army.

{p.855}

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WAR DEPARTMENT, Richmond, Va., April 22, 1862.

Maj. Gen. B. HUGER, Commanding, &c., Norfolk, Va.

SIR: I have received your letter of the 17th instant inclosing a communication addressed to you by General Wool. As our proposition to appoint a commissary to attend to the wants of our men who are now held as prisoners of war has been declined I shall be gratified if you can suggest any mode of remitting money to them. You are authorized to enter into any arrangement for a fair and honorable exchange of prisoners, and may inquire in your own name whether we are considered as having violated our engagement about an exchange in any particular, and if so in what particular. We are exceedingly desirous to effect a general exchange of prisoners if it can be done on equal terms.

Very respectfully,

RANDOLPH, Secretary of War.

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EXECUTIVE DEPARTMENT, Raleigh, April 22. 1862.

Hon. GEORGE W. RANDOLPH, Secretary of War, Richmond.

SIR: There are considerations connected with the government and maintenance of the prison depot at Salisbury that are certainly worthy of attention and I respectfully ask to lay them before you. Without questioning or even knowing the policy of the Government about an exchange I must say that it is strongly recommended by the increasing difficulties in that country of providing supplies for them. There are from 1,500 to 2,000 consuming what I fear from present representations will soon become necessary for the army, and 400 guards not only to be supported but abstracting that many muskets from their proper and much needed position in the army. If Lincoln will not exchange fairly and in good faith he certainly is entitled to the credit of releasing on parole 2,000 prisoners at Roanoke. Why not imitate the example and even exceed his generosity by paroling a larger number? (We certainly might keep even.) If their parole was observed we would be great gainers. If any portion proved false we would only have to whip them again, and General Taylor said he had rather fight than feed the prisoners. It would be a great relief to be rid of them, as the blockade confines us to our own supplies and the consumers are now becoming more numerous than the producers.

It is further represented to me that the government of the prisoners and discipline of the guard are both somewhat demoralized. The guards were composed of local companies enlisted for that purpose; but Major Gibbs having received authority from Confederates to raise a regiment for the war has succeeded in enlisting his guard for his regiment and in doing so perhaps relaxed his attention and discipline. It were well that some attention should be given to safety, proper management and support of the prisoners. If you can dispose of the prisoners we can feed more men and fight more men.

Most respectfully, yours,

HENRY T. CLARK.

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MOBILE, April 22, 1862.

Hon. G. W. RANDOLPH:

I am informed that Generals Buckner and Tilghman are in solitary confinement at Fort Warren. Have you sufficiently authentic information {p.856} of that fact to justify me in pursuing the same course with Brigadier-General Prentiss, now prisoner of war at Talladega?

SAM’L JONES, Major-General.

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MEMPHIS, April 22, 1862.

General G. T. BEAUREGARD.

DEAR SIR: I trust you will not consider the application I am about to make as officious or improper. I desire to ask your early effort toward effecting an exchange for our prisoners recently captured at Island No. 10, in the Madrid Bend. My apology for the request may be found in the fact that one of the regiments, commanded by Col. John M. Clark, is composed entirely of citizens of Henry County, Tenn., the county in which I reside. I am personally acquainted with very many of them and cherish for all of them the deepest sympathy and highest regard. I do not know that my humble services could be available in any way toward the accomplishment of the desired object, but would willingly render any aid in my power. I have just returned from Richmond and beg to tender you my heartfelt thanks for your patriotic, able and chivalrous defense of our great valley. Long may you live to wear the chaplet your arms have won, and may its garlands grow greener and fresher as they grow older.

Your friend and obedient servant,

JNO. D. C. ATKINS.

[Indorsement.]

Answer: He has already sent to offer to exchange prisoners but for the present the enemy decline. He desires me to thank you for your kind wishes.

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SALISBURY, N. C., April 22, 1862.

General JOHN H. WINDER, Richmond, Va.

GENERAL: A letter from my father received on the 8th instant, in which he makes some suggestions in regard to my exchange, induces me to write to you. I was captured on the 1st day of June last and was the first prisoner taken and held by the Confederate Government. At the time of my capture I was a private soldier, but since that time have been appointed to a lieutenancy. My father after mentioning this circumstance says:

If you would apply through the chief officer having you in charge for leave to come here (to Washington) on a parole of say thirty days you could readily obtain an exchange of a prisoner of equal rank.

Therefore if there be no objection to such a parole being granted and you will select a C. S. officer now held by the United States as a prisoner of war with the same rank as myself I am confident the exchange will be arranged to the satisfaction of all parties.

Hoping to have an early reply, I remain, general, your obedient, humble servant,

MANUEL C. CAUSTEN, First Lieutenant, Nineteenth U. S. Infantry.

[Indorsement.]

The action of his Government alone has prevented a general exchange which this Government has sought. Individual exchanges are discontinued. A general exchange is desired to be effected.

{p.857}

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SOUTH MILLS, CAMDEN COUNTY, N. C., April 24, 1862.

His Excellency JEFFERSON DAVIS, President, &c.

MY DEAR SIR: I had the misfortune to be taken a prisoner of war at Roanoke Island on the 8th of February last;. Since my release upon parole I have visited Richmond three times for the purpose of endeavoring to effect an exchange between myself and a Northern prisoner of like grade. When last in Richmond the Secretary of War agreed to send a U. S. officer of my grade to Fortress Monroe with the understanding that he was to return to Richmond in a specified time in the event of a failure on his part to procure an exchange for myself. Before sending this officer, however, he referred the matter to Your Excellency, and I afterwards understood from him that you disapproved of the arrangement for the reason that negotiations were then pending between the two Governments relative to a general exchange of prisoners. In an interview which I subsequently had with Your Excellency I understood that in all probability there would be a general exchange of prisoners in a few days. Since that time I have anxiously awaited the reception of intelligence that would have more than filled my inmost soul with joy. But no such intelligence have I received. I am still bound by the conditions of my parole. I am still surrounded by the enemy on all sides without the privilege of striking a blow in defense of my home and my country. My object in writing now is to ask you if it be possible have me released from my parole at once. I will give you some of my reasons for desiring an immediate exchange: First, I am anxious to do all I can toward the achievement of Southern independence. Second, I desire temporarily at least to raise a guerrilla company to operate in this (Albemarle) region where the enemy are prowling about in small marauding parties greatly to the annoyance of the citizens of this community. I am thoroughly acquainted with the geography of this whole section of country and am perfectly familiar with the political sentiments of its citizens. I think therefore I should possess facilities not only for moving with certainty and to advantage from point to point, but for detecting and bringing to justice those of the citizens who are guilty of disloyalty. I could in comparatively a short time raise in this immediate vicinity from 200 to 300 men who are anxious for me to lead them in the guerrilla service. If it were possible to get my entire company exchanged at once I should have ninety men, all of whom have been raised in this community and are all well acquainted with the country. May I not in view of the above statement ask Your Excellency to propose to the Government of the United States an immediate exchange for myself and company? I promise if released to do service of which my country will not be ashamed. I beg leave to refer Your Excellency to letters from the members of Congress of my State left by me on file in the office of the Secretary of War. Will you be so kind as to let me hear from you at your earliest convenience?

Your humble and obedient servant,

JAMES W. HINTON, Captain Company A, Eighth Regiment North Carolina Troops.

[Indorsement.]

Secretary of War attention.

J. D.

{p.858}

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WAR DEPARTMENT, Richmond, April 24, 1862.

Hon. WILLIAM L. YANCEY, Montgomery, Ala.

SIR: Your letter of the 8th instant has been received. In reply I have the honor to inform you that we are now endeavoring to effect an exchange of prisoners.

Very respectfully, your obedient servant,

GEO. W. RANDOLPH, Secretary of War.

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RICHMOND, April 24, 1862.

Maj. Gen. S. JONES:

Our information is not sufficiently certain to justify retaliation.*

G. W. RANDOLPH, Secretary of War.

* See Jones to Randolph, p. 855.

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HEADQUARTERS DEPARTMENT OF NORFOLK, April 25, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: I am extremely desirous of having the services of Capt. John S. Taylor, who is now on parole, he having been captured at the battle of Roanoke Island. I beg you will allow me to offer to General Wool a captain in exchange for Captain Taylor.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General.

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HEADQUARTERS DEPARTMENT OF NORFOLK, April 25, 1862.

Honorable SECRETARY OF WAR, Richmond, Va.

SIR: I send you copies of two letters* received yesterday from Major-General Wool asking the exchange of Colonel Willcox and other officers. I notice several of these officers are those retained by our Government as hostages for privateersmen.

As General Wool stated in his letter of 13th of February [that] the prisoners captured on our privateers would be treated as prisoners of war and subject to exchange it appears to me that these officers might be offered for the privateersmen, they giving such number of the latter for the higher ranks as was partly agreed upon between General Wool and General Cobb. I see no objection to this exchange but serious objection to any other.

Respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

* Omitted here; Wool to Huger, April 24, see p. 476.

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HEADQUARTERS DEPARTMENT OF NORFOLK, April 25, 1862.

Brigadier-General WINDER, Comdg. Dept. of Henrico.

GENERAL: I have requested the War Department to allow me to offer a captain in exchange for Capt. John S. Taylor, who was formerly in the navy and has had charge of our land batteries, but was captured at Roanoke Island. I beg you will suggest the name of some captain, {p.859} and a second could be probably used in exchange for Lieut. B. P. Loyall, C. S. Navy, who was also captured at Roanoke Island and is now on parole.

Respectfully, your obedient servant,

BENJ. HUGER, Major-General.

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RICHMOND, April 25, 1862.

General SAM. JONES:

I am instructed by the Secretary of War to say that the prisoners from Cahaba and Montgomery may be sent to such points in Georgia as yourself and the Governor of Georgia may settle.

JNO. H. WINDER, Brigadier-General.

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MOBILE, April 25, 1862.

Governor J. E. BROWN, Milledgeville, Ga.:

Secretary of War orders me to send prisoners of war-about 1,800-to such point in Georgia as you and I can agree on. Where shall I send them?

SAM’L JONES, Major-General.

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CAMP DOUGLAS, Chicago, Ill., April 26, 1862.

Hon. REUBEN DAVIS, Richmond.

DEAR SIR: Some of my friends having interested themselves in endeavoring to bring about an exchange of prisoners for my benefit and the benefit of some of my friends now held as prisoners of war at this place I have presumed to solicit your influence in procuring our release by an exchange, as we are your constituents and believe that humanity will influence your actions in this matter. A prominent member of the Federal Congress from this State who has much influence at Washington has pledged himself that if the authorities South will pledge themselves to release the same number of his constituents of the same rank we shall be released. I refer you to General Charles Clark, Maj. W. H. Haynes, on General Clark’s staff-Hon. A. B. Dilworth, formerly secretary of state, and Col. J. M. Walker, chief of wagon-master’s department at Corinth.

I am, dear sir, with great respect, your obedient servant,

W. P. JONES, Commissary Department.

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ROCKY MOUNT, N. C., April 28, 1862.

Hon. G. W. RANDOLPH, Secretary of War, Richmond, Va.

SIR: My son, Lieut. William Biggs, of Seventeenth Regiment North Carolina Volunteers, was released as a prisoner from Fort Warren on parole with B. R. Holt to be exchanged for Lieutenant Merrill, of all which your Department is fully advised. It was thought by your predecessor that the proposed exchange was unequal and unfair and was therefore disapproved of and I wrote the Secretary that my son would immediately surrender himself again a prisoner rather than compromise the self-respect of our Government in the slightest degree. He reported himself to General Huger at Norfolk, prepared to return, but General Huger sent him home with an indefinite extension of his parole. Since {p.860} then the whole of his company have been exchanged (except himself) and have reorganized for the war, elected him first lieutenant and are now in the camp of instruction near Raleigh. He is exceedingly anxious to join his company and be of service. I was informed that General Winder had charge of all matters connected with the exchange of prisoners and therefore I wrote him on the subject. He replied that my son is not yet exchanged and “as soon as his exchange is reported at this office I will cheerfully advise you of it.” From this I infer that I was misinformed as to General Winder having the authority to make exchanges and I therefore venture to make an appeal directly to you. I certainly do not desire for my son any peculiar favor and would not ask it, but he has now been at home for three months under a special parole for thirty days. He was among the first prisoners taken in the war (August, 1861). He is the only member of his company not exchanged. He has been promoted by the election of his company for the war and unless he is soon exchanged will be entirely thrown out of his company, with which he has been identified ever since May, 1861, and it would be deeply mortifying to him. Am I therefore asking too much when I earnestly ask you if possible to have him exchanged for some Federal officer of the same grade (he was second lieutenant) immediately? I am well aware of the difficulties about exchanges and I suppose there will be objections to making special exchanges until some general plan is agreed upon, but I do respectfully submit this case is entitled to favor, particularly when so many of my son’s fellow-prisoners have been already exchanged by our Government and who were released upon special parole. Be kind enough, my dear sir, to give this matter your attention and excuse the solicitude of a father who is anxious that the hands of his son may be unfettered and he prepared to strike another blow against the infamous enemy that is polluting the soil of our State.

I have the honor to be, your obedient servant,

ASA BIGGS.

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RICHMOND, VA., April 29, 1862.

Major-General HUGER, Norfolk:

As General Wool sees no obstacle to a fair and honorable exchange of prisoners I shall initiate such an example by sending back the noncommissioned officers and privates. About them there can be no controversy. I shall send a list of the commissioned officers in our possession and on parole and request that you will obtain a list of our commissioned officers similarly situated. We shall then be enabled to make a general exchange and to avoid the inconvenience of partial exchanges.

G. W. RANDOLPH, Secretary of War.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., April 29, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: I send inclosed a copy* of a letter from General Wool concerning persons who have been tried for giving information to the United States and been condemned and sentenced.

I am, very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

* Omitted here; Wool to Huger, April 26, p. 497.

{p.861}

Whereas, at the battle of Pea Ridge, in Benton County, Ark., on the 7th and 8th of March last between the forces of the Confederate States and the United States, Capt. Richard Fields, Surg. James P. Evans, Hospital Steward W. N. Evans and Private James Pidey, members of the regiment of Cherokee Mounted Rifles, commanded by Col. John Drew, and William Reese, a member of the regiment of Cherokee Mounted Rifles, commanded by Col. Stand Watie, were taken prisoners by the United States and are still held as such; and whereas, seven U. S. soldiers were taken prisoners on the 6th of the same month near Bentonville, Ark., by the command of Col. John Drew and were delivered to the officers of the Confederate States and it is believed were subsequently exchanged: Therefore be it

Resolved, That the principal chief be requested to present these facts to the President of the Confederate States and solicit his interference and aid in obtaining the release, by exchange or otherwise, of the before-named officers and privates and any others, if there be such, belonging to said Cherokee regiments.

Resolved, That in the opinion of the National Council the war now existing between the said United States and the Confederate States and their Indian allies should be conducted on the most humane principles which govern the usages of war among civilized nations, and that it be and is earnestly recommended to the troops of this nation in the service of the Confederate States to avoid any acts toward captured or fallen foes that would be incompatible with such usages.

Tahlequah, C. N., April 30, 1862.

THOS. PEGG, President National Council. JOSHUA ROSS, Clerk National Council.

Concurred.

SPRING FROG, Speaker Council. T. B. WOLFE, Clerk Council.

Approved.

JNO. ROSS.

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EXECUTIVE DEPARTMENT, Raleigh, May 2, 1862.

Hon. GEORGE W. RANDOLPH, Secretary of War, Richmond, Va.

SIR: The garrison of prisoners at Salisbury, N. C., demands your immediate attention, as the citizens of that place have appealed to me for protection. The garrison was put in charge of Major Gibbs with four companies raised for that purpose (special). Since then the number of prisoners has been greatly increased and Major Gibbs has received authority from the late Secretary of War to raise a regiment for the war, and he forthwith proceeded to enlist his guard companies into his regiment, and I understand he is now ordered to take his regiment into camp, leaving the prison to be guarded by the portion of three artillery companies that are now being raised near that locality. These are not provided with arms and are insufficient, and under the management formerly kept over the prisoners there was much disorder and want of discipline.

Under these circumstances the citizens of Salisbury have appealed to me to send up additional forces as a guard to prisoners and a protection to them.

{p.862}

This depot of prisoners and military post are under the control and orders of the War Department. I have no jurisdiction over the matter and have no troops for it if I had. But I respectfully ask of the War Department who have charge of this matter not to allow Colonel Gibbs to remove any of the troops from the guards of this prison till others [arrive] and there is ample force and arms to guard it.

There is much apprehension and a feeling of insecurity in Salisbury on this subject which I think is entitled to consideration. In connection with this matter allow me to call your attention to my letter of April 22 on this subject. Every day’s experience strengthens the force of those suggestions.

I have the honor to be, most respectfully,

HENRY T. CLARK.

[First indorsement.]

General LEE:

Would it not be well to order some of the troops from Raleigh to Salisbury? As I can give no order without running the risk of conflict with your orders I must trouble you to answer the Governor.

G. W. RANDOLPH, Secretary of War.

[Second indorsement.]

RICHMOND, May 8, 1862.

By paragraph XXIII, Special Orders, No. 104, Adjutant and Inspector General’s Office, the three companies of Colonel Gibbs’ command are directed to remain at Salisbury.

R. E. LEE, General.

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HEADQUARTERS FIRST ARMY CORPS, MEDICAL DEPARTMENT, May 2, 1862.

Maj. GEORGE WILLIAMSON, Assistant Adjutant-General.

MAJOR: In reply to note of Colonel Jordan of yesterday I regret that it is not in my power to furnish for headquarters “a list of the wounded of our army who have been returned as prisoners by the Federals in the field hospitals.” Relying on their honor to execute in good faith a solemn compact and agreement which we fulfilled to the letter on our part, and expecting to remove our men at an early period all records were left in the hands of the surgeons on the field. I will, however, state that Surgeons Alston and Mitchell and Assistant Surgeon Gwin are now detained as prisoners in palpable violation of the agreement above referred to, and some thirty men.

Your obedient servant,

WM. D. LYLES, Medical Director.

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HEADQUARTERS FIRST ARMY CORPS, MEDICAL DEPARTMENT, May 2, 1862.

Maj. GEORGE WILLIAMSON, Assistant Adjutant-General.

MAJOR: For the information of the major-general and by his order I have the honor to submit the following statement: On Sunday, the 6th ultimo, I established a hospital in the field for the care of those of the First Army Corps who might be wounded in the then pending battle betwixt the Confederate forces and those of the Federals. To this {p.863} hospital I had removed such of the more severely wounded as were injured in the engagements of the 6th and 7th, numbering with surgeons, infirmary corps, &c., some 320 Confederates. As your medical director I felt it my duty to remain with the party on the field. In addition to our own people we had some sixty-five Federals who were prisoners, many of whom were wounded. These were attended by Federal surgeons. I extended to them every courtesy and assistance in my power and freely shared with them every comfort I could procure for our own men. On the 8th, in the afternoon, and subsequent to the skirmish with the enemy and Colonel Forrest’s cavalry, my attention was directed to a pistol-shot said to be directed at my hospital by some Federal cavalry. I went out and met the officer who had fired the shot as I then ascertained. I remonstrated against so inhuman an outrage and refused to surrender to him. He left, and in about an hour Colonel Dickey, of the Federal Army, came up with a cavalry force and demanded my surrender. I was powerless and reluctantly yielded myself and the party of unfortunate prisoners. Colonel Dickey drew up in pencil something like a parole by which we agreed to remain and report to General Grant. I expressly refused to sign the document unless it was understood that we were subject to recapture by our own forces. Colonel Dickey assured me that of course that was always understood but he would take care we were not retaken, and left us with the promise to send for us the next morning. This, however, he fortunately for us failed to do as we were rescued on the evening of the 9th by a detachment of our own cavalry.

By orders received from Brigadier-General Breckinridge many of our wounded and some few of the enemy who could be removed were forwarded to Corinth early on the morning of the 10th instant. It was here the promptings of humanity induced me to offer to the ranking surgeon in charge of the Federal wounded terms which I felt assured would be ratified by the military authorities of my Government. In the hour of triumph I felt that I could afford to be generous to a fallen and bleeding enemy. With no other motive or purpose, in good faith and with a clear conscience, I concluded with Surgeon Berghoff, of the Federal Army, the convention or agreement of which I have the honor to inclose you a copy* with indorsement of General Breckinridge. After this was done I made my way to Corinth to look after the wounded who had been sent forward from the battle-field.

The enemy in pursuance of the terms of agreement were permitted to remove their wounded from the hospital when they desired to do so. Owing to the distance and condition of the road to say nothing of the wounded it was utterly out of the question to remove our suffering soldiers immediately. I made every proper exertion to do so with all the dispatch consistent with the principles of humanity. It is to be regretted I could not move all of our men immediately, as I am now advised that I am now denied that privilege and that the surgeons, hospital attendants and patients are held by the enemy as prisoners. It is needless to make any comment on this unfortunate affair. I still entertain the hope that when it is properly understood all difficulty in regard to it will vanish. Certainly some steps should be taken for the relief of the surgeons and the few patients yet remaining on the field in hospital.

Your obedient servant,

WM. D. LYLES, Medical Director.

* Omitted here; for this agreement see p. 503.

{p.864}

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COLUMBIA, S. C., May 4, 1862.

Hon. GEORGE W. RANDOLPH, Secretary of War.

DEAR SIR: Among the prisoners taken by the enemy at Fort Donelson is Capt. (or Lieutenant) George T. Moorman, now at Camp Chase, Columbus, Ohio. He was when captured on the staff of Brig. Gen. Bushrod R. Johnson. He acted for some time as my secretary when I officially accompanied the army in Southeastern Missouri, and I take a warm personal interest in his prompt release. As I see that the system of exchanging prisoners has been renewed I will take it as a special personal favor should you procure the exchange or release on parole of the gallant young officer above named.

I remain, dear sir, with great respect, your obedient servant,

THOS. C. REYNOLDS, Lieutenant-Governor of Missouri.

[Indorsement.]

The Government has for the present ceased to grant individual exchanges hoping to effect a general exchange, and finding it impossible to conduct partial exchanges with fairness.

G. W. RANDOLPH.

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RICHMOND, May 5, 1862.

His Excellency Governor J. G. SHORTER, Montgomery:

We must rely upon the discretion of the general commanding the department to take the necessary steps for the safety of the prisoners, and will be obliged to you if you will advise and assist him. I think your suggestion a good one and will notify General J. H. Forney of it.

G. W. RANDOLPH, Secretary of War.

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RICHMOND, VA., May 5, 1862.

General JOHN H. FORNEY, Mobile:

Governor Shorter suggests that in case of an attack upon Mobile the prisoners at Montgomery should be removed to Columbus or Macon, Ga. As you may be too much occupied in case of attack to attend to their removal I have requested the Governor to advise with and assist you in the matter. You had better communicate with him.

G. W. RANDOLPH, Secretary of War.

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FORT WARREN, Boston Harbor, Mass., May 6, 1862.

Hon. E. M. BRUCE.

MY DEAR SIR: Since I had the pleasure of seeing you last in Nashville the fortune of war has sadly changed against me. I am here a prisoner of war with General Mackall who had to surrender at Island No. 10, and on whose staff I served last as engineer-in-chief. The space I am allowed to fill being limited I must be short, Capt. Alfred Gibbs, of the Third Cavalry, U. S. Army, now on parole, desires to be exchanged. I have been proposed for this exchange. General Mackall and myself have written to General S. Cooper, but as I am longing to return to the army as soon as possible I should be much obliged to you if you would please use your influence with General S. Cooper and the War Department in my behalf at the earliest practicable moment.

{p.865}

I have heard nothing about our friend Arthur M. Rutledge. Give my very kindest regards to Mrs. Bruce and believe me,

Ever, yours, very truly,

V. SHELIHA.

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RICHMOND, May 7, 1862.

General G. T. BEAUREGARD, Corinth, via Mobile:

You are authorized to parole General B. M. Prentiss for the purpose specified, but think it best that he should not go North via Richmond. He had better go back the route he came.

G. W. RANDOLPH, Secretary of War.

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HEADQUARTERS, Goldsborough, May 7, 1862.

Honorable SECRETARY OF WAR.

SIR: I have the honor very respectfully to request and if you will permit me most earnestly to urge that you will if possible cause Majs. G. H. Hill, [C. S.] artillery, and H. A. Gilliam, Seventeenth North Carolina Troops, to be exchanged. These officers are particularly necessary to me now owing to their peculiar excellence in their respective proper spheres.

I am, very respectfully, your obedient servant,

TH. H. HOLMES, Major-General, Commanding.

[Indorsement.]

Individual exchanges cannot be effected.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, May 10, 1862.

General G. T. BEAUREGARD, Corinth, Miss.:

Can send General Prentiss through Cumberland Gap to the enemy’s lines at Cumberland Ford.

E. KIRBY SMITH, Major-General, Commanding.

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HEADQUARTERS DISTRICT OF GEORGIA, Savannah, May 10, 1862.

Capt. J. R. WADDY, Assistant Adjutant-General, Charleston, S. C.

CAPTAIN: I beg leave to inclose copy* of a letter from Brigadier-General Benham sent under flag of truce and my reply* to the same. I do not think it necessary to add anything to the reasons assigned in my letter except that the course pursued in sending up the flag immediately after the attempt to use a balloon satisfied me that the object was simply to make a reconnaissance and to keep up a correspondence which would present further facilities of observation to them.

I am, captain, very respectfully, your obedient servant,

A. R. LAWTON, Brigadier-General, Commanding.

* Omitted here; for Benham to commanding officer at Savannah, May 5, and Lawton to Benham in reply, May 9, see pp. 527, 528.

{p.866}

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, May 10, 1862.

Brig. Gen. D. LEADBETTER, Commanding, &c., Chattanooga, Tenn.

GENERAL: In reply to your communication of the 8th instant respecting the arrest of Lieutenant Harrington and six men of the Federal troops and covering certain papers found in their possession, I am instructed by the major-general commanding to say that the flag of truce covers the prisoners and was entitled to respect. The mistake was in not detaining the prisoners at the lines until a decision was made in their case, or if admitted they should have been blindfolded and every precaution taken to prevent any observation on their part of our forces or the gaining of any information which might be detrimental to our interests. The prisoners should be returned with a letter stating that their detention resulted from a misapprehension of their true position. It is the intention of the commanding general to observe most scrupulously the courtesies of war in all cases within his control.

Respectfully, your obedient servant,

J. F. BELTON, Aide-de-Camp.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, May 10, 1862.

Col. A. R. CHAPIN, U. S. Army, Commanding, &c.

COLONEL: Maj. Gen. E. Kirby Smith has directed Lieutenant Harrington and six men of the Federal Army, arrested by troops of this command, to be returned to your lines. The arrests were made under a misapprehension on the part of the captors of the privileges to which the party were entitled under the flag claiming to cover them. It is the desire of the general commanding that the courtesies of war be most scrupulously observed by those under his control, and no efforts will be relaxed on his part to soften the asperities resulting therefrom.

Respectfully, your obedient servant,

J. F. BELTON, Aide-de-Camp.

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ATLANTA, GA., May 10, 1862.

Hon. GEORGE W. RANDOLPH, Secretary of War, Richmond.

SIR: Inclosed I hand you a letter from Lieutenant-Colonel Neff which explains itself. This correspondence and proposition was induced by myself after my interview with yourself and the President. While you gave no positive assurance that you would exchange Neff for Hanson you both gave me great hope, and hence I persisted, knowing as I do Hanson’s great value to us, and was confident that the differences in grade would insure your confirmation. Generals Breckinridge, Preston and all army men will rejoice at the return of Hanson, as he is the best colonel in our service and you will no doubt desire him for brigadier-general at an early day. Hence I cannot doubt that you will grant this most reasonable request, while I remain,

Your obedient servant,

E. M. BRUCE, Member of Confederate Congress, Ninth District of Kentucky.

{p.867}

[Inclosure.]

RICHMOND, May 5, 1862.

Hon. E. M. BRUCE.

SIR: In accordance with your request I wrote to my friends at Washington in regard to Colonel Hanson’s exchange for myself. I am happy to say that I have succeeded in getting my Government to agree to it. They have written to me to that effect and so instructed General Wool. I suppose according to your promise to me I will at once be released and sent home. You will oblige by bringing your influence to bear for that purpose. I have sent the letter to the Secretary of War but have received no answer as yet. I would suggest that you write to Colonel Hanson’s friends and advise them to write to the President and Secretary of War. Generals Preston, Breckinridge and Maj. R. W. Wooley, if I remember right, are personal friends of the colonel. Your immediate attention to this will place me under many obligations as well as Colonel Hanson. Hoping soon to be able to return to my family,

I remain, yours, respectfully,

GEO. W. NEFF.

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RICHMOND, May 11, 1862.

Maj. Gen. BENJAMIN HUGER, or The OFFICER IN COMMAND AT SUFFOLK:

Notify General J. E. Wool that we shall send the prisoners down James River to-morrow, and that we were prevented from sending them last Monday by the movements of the armies. This should be done immediately so that he may send steamers to receive them. There will be probably 800 sent. Ask him to what point we shall send the prisoners in North Carolina.

Take up the railroad tracks on both roads east of Suffolk as far as possible and send the iron of the Seaboard and Roanoke road to Clarksville, and that of the Norfolk and Petersburg road to the junction of the South Side and Richmond and Danville roads. When the troops return from Suffolk continue the same thing westward, letting the last train take up the iron behind it. Remove the rolling-stock of the first road to Weldon or west of it, and that of the other to Petersburg when the troops retire.

G. W. RANDOLPH, Secretary of War.

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WAR DEPARTMENT, Richmond, May 11, 1862.

Brig. Gen. JOHN H. WINDER, Commanding Department of Henrico.

GENERAL: You will prepare all the non-commissioned officers and privates among the prisoners to leave to-night and send them off in the steamers West Point and Curtis Peck, or Northampton, at 8 p.m. Notify Captain Farrand, C. S. Navy, who has charge of the obstructions that you wish the way cleared for the steamers. Send him the notice this morning and inform him of the hour at which the steamers will reach the barrier as we do not wish any detention there which will afford opportunities of observation. The steamers should proceed down the river to-night as far as Captain Farrand’s pickets extend. I {p.868} believe they are in the neighborhood of Bermuda Hundred, near City Point. This, however, you can learn from him. It would not be safe to go farther at night as they might encounter the enemy’s steamers. They will therefore wait until daylight and then proceed with flags of truce flying until they can communicate with the enemy. Should they encounter the steamers of the enemy they will inform them that the prisoners are sent in pursuance of an understanding with General Wool under which he expected us to send them down on Monday, but that we had been prevented from doing so by the movements of the armies. Send the prisoners recently captured as well as the others.

List them all and parole them not to serve until discharged. Report to me to-morrow morning what has been done and direct the officer in charge of the prisoners in the interior of North Carolina to list the non-commissioned officers and privates and prepare them to be sent off at short notice.

Very respectfully, your obedient servant,

GEO. W. RANDOLPH, Secretary of War.

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RICHMOND, May 11, 1862.

Major-General PEMBERTON:

General Lawton reports 800 prisoners having arrived from Mobile at Macon. Offer to general commanding U. S. troops in your department a general exchange of non-commissioned officers and privates, man for man, and exchange lists of commissioned officers for negotiation for future release.

Very respectfully,

R. E. LEE.

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RICHMOND May 12, 1862.

Hon. GEORGE W. RANDOLPH, Secretary of War, Richmond, Va.

SIR: The undersigned would represent that they enlisted in the service of the Confederate States on the 30th day of March, 1861, as privates and belonged to Company E, First Regiment Florida Volunteers; that on the 9th of October, 1861, in an engagement with the enemy on Santa Rosa Island, near Fort Pickens, Fla., they were captured and taken to Fort Warren, Mass.; that about the 1st of February, 1862, they were released from prison on parole with an understanding they were to be immediately exchanged; that they arrived at Norfolk, Va., about the 13th of February, 1862, and received transportation to their home (which is Marianna, Fla.). Since that time they have heard nothing from the Department in regard to their exchange. Being desirous of re-entering the service at as early a day as possible they would respectfully ask that some steps be taken to effect their exchange in order that they may be released from their parole and allowed to re-enter the service of the Confederate States.

We are, sir, very respectfully,

BENJ. F. PARKER. SAML. Y. FINLEY.

[Indorsement.]

Exchange of individuals cannot be effected. Must wait general exchange.

{p.869}

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RICHMOND, VA., May 13, 1862.

His Excellency JEFFERSON DAVIS, President, &c.

SIR: I urgently beg for the exchange of Captain Imboden. Whilst Captain McLean, of the Ben. McCulloch Rangers, was suspended by sentence of a court-martial from command, Captain Imboden acted as captain and brought that company into good repute and great efficiency. On McLean’s return to duty the command of Imboden ceased. McLean was not at Roanoke Island and Imboden was there as a volunteer without position or pay and fought gallantly, as he always did whilst under my command. He has never been commissioned, though I know none more efficient, gallant and deserving. I beg that as he has served specially he may be specially exchanged.

With great respect, your obedient servant,

HENRY A. WISE, Brigadier-General.

[Inclosure.]

STAUNTON, VA., May 8, 1862.

General H. A. WISE.

DEAR GENERAL: Inclosed I send you a letter written by my brother to the President asking my exchange if it can be effected. If you will present it to him upon some early visit and use your influence with him to effect this exchange I will be very greatly obliged to you. An exchange just now would be most gratifying to me as it would enable me to go into the service at once in the mountains. I fear the prospect for an exchange of the prisoners of your legion in a body is very poor, but the President is, I understand, granting individual exchanges in some few cases. When the rolls were made up at Roanoke I was greatly at a loss under the circumstances that found me there to know how to report myself, but was advised by Colonel Anderson and others to be enrolled as a volunteer aide, which would I think entitle me to an exchange as a private. I hope this conclusion meets with your approbation.

The rangers I think have nearly all re-enlisted or been scattered about by the fall of New Orleans, where they were quartered, so that they cannot again be organized. In the court-martial of Captain McLean I don’t think my testimony could be of any importance and telegraphed General Winder to that effect, and hope my absence will not interfere with the trial.

Hoping you will effect my release and add to the obligations imposed by many former kindnesses,

I remain, truly, your obedient servant,

F. M. IMBODEN.

[Sub-inclosure.]

STAUNTON, VA., May 8, 1862.

His Excellency JEFFERSON DAVIS, President Confederate States of America.

SIR: My brother, F. M. Imboden, was captured at Roanoke Island and paroled as a volunteer aide of General Wise and is now out of the service. As I am organizing my regiment of partisan rangers under authority of the War Department I am exceedingly anxious that he shall command one of my companies. His long service in the mountains last summer qualifies him for most important service to me and the country. As to his soldierly qualifications and character General {p.870} Wise can speak. Is it not possible to effect his exchange? Cannot some Yankee be sent away in exchange for him I There is now a prisoner in your hands, a New Yorker, named Bryson, captured by my brother in person in the mountains of Virginia in October last, unless he has been sent North, who might appropriately it seems to me be exchanged for my brother. I beg that if it be possible such an arrangement be made so that my brother can again enter the field at the head of a company.

With the highest respect, your obedient servant,

J. D. IMBODEN.

[Indorsement.]

Individuals cannot be exchanged at present.

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HEADQUARTERS, Richmond, Va., May 13, 1862.

Brig. Gen. HUMPHREY MARSHALL, Commanding, &c., Lebanon, Va.:

GENERAL: ... With regard to the prisoners they had better be exchanged with the officer commanding the Federal troops if he has any prisoners of ours in his hands, or if not they might be exchanged for paroled men of whom there are a good many in various parts of the country, and I doubt not in your section. ...

I am, general, very respectfully, your obedient servant,

R. E. LEE, General.

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CORINTH, May 13, 1862.

General S. COOPER:

I recommend that all privates and medical officers, prisoners of war, at Tuscaloosa be sent immediately beyond our lines on parole. Enemy advancing gradually but with hesitation.

G. T. BEAUREGARD.

[Indorsement.]

MAY 14, 1862.

You are authorized to cause all privates and medical officers, prisoners of war, at Tuscaloosa to be sent immediately beyond your lines on parole.

S. COOPER.

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RICHMOND, VA., May 14, 1862.

Maj. Gen. T. H. HOLMES, Goldsborough:

In pursuance of an understanding between General Wool and General Huger, the latter acting under the instructions of the Department, I have sent back on parole all the non-commissioned officers and privates among the prisoners here, retaining the commissioned officers. I wish to parole and deliver the non-commissioned officers and privates confined in North Carolina and must request you to ask General Burnside whether and where he will receive them. If he consents to take them inform me by telegraph; but to prevent delay you may proceed at once to parole and deliver them. They must be required not to serve against the Confederate States until exchanged.

G. W. RANDOLPH, Secretary of War.

{p.871}

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RICHMOND, May 14, 1862.

General ROBERT E. LEE, Commanding C. S. Army.

SIR: I very respectfully request that you will use your influence with the Government to have me exchanged before any general arrangements to exchange prisoners are perfected. I ask that a special case may be made in my favor because I belong to no regiment or company and consequently could be brought immediately into service.

I have the honor to be, your obedient servant,

JOHN S. TAYLOR, Captain, C. S. Army, on Parole.

[Indorsement.]

RICHMOND, May 14, 1862.

Respectfully referred to the honorable Secretary of War. Captain Taylor was captured at Roanoke Island and was highly commended for his conduct.

R. E. LEE, General.

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FORT WARREN, MASS., May 14, 1862.

Hon. G. W. RANDOLPH, Secretary of War:

I am one of the unfortunate captives of Fort Donelson now a prisoner of war confined in this lonely bastile, and as I have no particular friend to intercede for my exchange I ask the favor of you to please think of my case. I have a large portion of my regiment in the service that was not surrendered. My time will not expire until the 28th of January next and not then if my country needs my service. I have not heard from my family for over four months. Would feel very grateful to Your Honor if you would send a colonel over here with instructions to exchange for myself. I have been studying very hard since my confinement, hoping I would be able to get out and render some service yet in our army, which would afford me a great pleasure. I am satisfied your compliance with my request would not give you reason to regret doing so.

Most respectfully, I have the honor of being your obedient servant,

A. A. HUGHES, Colonel of Twenty-seventh Regiment Alabama Volunteers.

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WAR DEPARTMENT, Richmond, May 16, 1862.

Rev. THOMAS W. GILMER, Charlottesville, Va.

SIR: The Department in anticipation of a general exchange of prisoners is not now recommending individual exchanges, but if General Jackson should have an opportunity to effect your exchange the Department will interpose no objection. You are at liberty to present this note to General Jackson.

Respectfully,

GEO. W. RANDOLPH, Secretary of War.

{p.872}

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HEADQUARTERS WESTERN DEPARTMENT, Corinth, May 16, 1862.

Maj. Gen. L. POLK, Commanding First Corps, Army of the Mississippi.

GENERAL: Your letter of this date has been received, and in reply I am instructed by the general commanding to refer you to the inclosed letter* of General H. W. Halleck, U. S. Army, upon the subject. Surgeon Lyles was requested by letter from these headquarters, dated May 1, 1862, to send in a list of the wounded that fell into the hands of the enemy. So soon as this is done our wounded will be exchanged in regular way by the first flag of truce.

Very respectfully, your obedient servant,

CLIFTON H. SMITH, Assistant Adjutant-General.

* Omitted here; Halleck to Beauregard, May 1, p. 508.

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FORT WARREN, May 16, 1862.

Hon. GEORGE W. RANDOLPH, Secretary of War, Richmond, Va.

SIR: The Secretary of War for the United States has consented to exchange me for Capt. C. H. McNally, of the U. S. Army, now on parole at Detroit, but requires that I shall first obtain a guaranty from the proper authority at Richmond that the exchange will be ratified, to obtain which I now trouble you with this application. I was captured at Fort Donelson, from which calamity about 300 of my regiment escaped, among whom were a large number of my own company. These men (enlisted for the war) are now with the army at Corinth in General Breckinridge’s brigade, and are under the charge of I think but one officer, certainly not more than two. Basing my application upon these facts I earnestly hope that if not inconsistent with the public good to make special exchanges you will grant my request.

Hoping to be soon in service again,

I am, yours, respectfully,

S. F. CHIPLEY, Captain, Second Kentucky Regiment.

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WAR DEPARTMENT, Richmond, May 17, 1862.

Lieut. A. A. POLLOCK, Scottsville, Albemarle County, Va.:

Paroled prisoners are entitled to pay during their term of service only and cannot be regarded as included in the provision which requires that certain volunteers shall be required to remain in their companies for ninety days unless their places can be sooner supplied by other recruits, &c. The place of a paroled prisoner cannot be “supplied by another recruit,” and this rule is therefore evidently not applicable to them.

Your obedient servant,

GEO. W. RANDOLPH, Secretary of War.

{p.873}

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HDQRS. DEPT. OF SOUTH CAROLINA AND GEORGIA, Charleston, May 17, 1862.

Col. A. L. LONG, Military Secretary, Headquarters Commanding General.

COLONEL: I have the honor to transmit herewith copy* of a letter addressed by myself to Maj. Gen. D. Hunter or officer commanding U. S. troops on the coast of South Carolina and Georgia on the 12th instant, also a copy** of the reply of Brigadier-General Benham, U. S. Army, thereto. It is proper to add that I have directed Brigadier-General Lawton to return to General Benham his letters with the following indorsement, to wit:

HEADQUARTERS DISTRICT OF GEORGIA, May -, 1862.

I am directed by the major-general commanding the department to return this communication, and to say that the proposal to exchange prisoners of war was made by him (Major-General Pemberton, commanding in chief an army of the Confederate States) to Major-General Hunter in like position with reference to an army of the United States, and not to Brigadier-General Benham of that service.

Very respectfully, &c.,

J. C. PEMBERTON, Major-General, Commanding.

* Omitted here; Pemberton to Hunter, May 12, p. 531.

** Benham to Commanding Officer of Forces, Savannah, May 13, p. 531.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, May 17, 1862.

Brig. Gen. D. LEADBETTER, Commanding, &c., Chattanooga, Tenn.

GENERAL: The major-general commanding directs that you send an intelligent officer to Bellefonte for the purpose of effecting an exchange of prisoners, grade for grade. You will send with him such an escort as you deem sufficient. The prisoners paroled by Colonel Morgan will be exchanged for any prisoners the enemy may have in possession. If this should leave a balance in our favor you can exchange any prisoners you may have. You will be careful to select an officer well qualified for the duty, one who will well and faithfully look to the interests of the country and at the same time observe the utmost courtesy toward the Federal officers with whom he may deal. Inclosed is a communication* to General Mitchel, which you will forward by the officer making the exchange.

By order of Major-General Smith:

E. CUNNINGHAM, Acting Aide-de-Camp.

* Not found.

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HEADQUARTERS WESTERN DEPARTMENT, Corinth, May 17, 1862.

Brigadier-General SLAUGHTER, Assistant Inspector-General, Western Department.

GENERAL: The general commanding has been informed through Major Smith, paymaster, that Federal prisoners now at Jackson, Miss., now on parole, are allowed the liberty of the town. He wishes this {p.874} matter inquired into and stopped at once unless authorized under special reasons, in which case he desires to be informed of those reasons.

Very respectfully, your obedient servant,

A. R. C[HISOLM,] Aide-de-Camp.

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FORT WARREN, Boston Harbor, May 17, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: The undersigned has the honor to inclose a letter from Col. Justin Dimick, U. S. Army, commanding this post, and to request you most respectfully to consent to my exchange for Capt. Alfred Gibbs, Third Cavalry, U. S. Army, now on parole at Detroit. An educated officer, I have held in succession the position of engineer-in-chief on the staff of Generals Polk, Zollicoffer and Crittenden. After the engagement in Fishing Creek was charged by General A. S. Johnston with the defenses of Cumberland River just below Nashville, and afterwards appointed engineer on the staff of General Mackall when he was ordered to Island No. 10. I am most anxious to be speedily exchanged and take the field again, and have the honor to refer you to the letters written in my behalf to the War Department by Generals McCown, Pillow, Polk, Mackall, Zollicoffer and A. S. Johnston; to the generals of the Western Department; to Maj. J. F. Gilmer; also to Hons. Charles M. Conrad, D. F. Kenner, H. S. Foote, T. C. Reynolds and E. M. Bruce.

I have the honor to be, sir, most respectfully, your obedient servant,

V. SHELIHA, Captain and Staff Engineer, General Mackall.

[Inclosure.]

HEADQUARTERS, Port Warren, May 17, 1862.

Capt. V. SHELIHA, C. S. Army.

CAPTAIN: I am authorized to assure your release and being forwarded through the lines of our forces on your obtaining in writing from competent authority the release from parole of Capt. Alfred Gibbs, Third U. S. Cavalry.

I am, sir, very respectfully, your obedient servant,

J. DIMICK, Colonel First Artillery, Commanding Post.

–––

HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, May 19, 1862.

Brigadier-General FORNEY, Commanding, &c., Mobile, Ala.:

The Federal surgeons on parole can pass lines at Chattanooga.

J. F. BELTON, Acting Assistant Adjutant-General.

–––

WAR DEPARTMENT, Richmond, May 19, 1862.

Hon. THOMAS C. REYNOLDS, Lieutenant-Governor of Missouri, Columbia, S. C.

SIR: In reply to your letter of the 4th instant you are respectfully informed the Government has ceased to grant individual exchanges at {p.875} present hoping to effect a general exchange and finding it impossible to conduct partial exchanges with fairness.

Your obedient servant,

GEO. W. RANDOLPH, Secretary of War.

(Same to Brig. Gen. H. A. Wise, Richmond, Va.)

–––

HEADQUARTERS DEPARTMENT OF THE APPOMATTOX, May 20, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: I transmit copies of two letters* received this morning at City Point by flag of truce from Fort Monroe. I also inclose you my reply** to General Wool which will be dispatched this evening.

As I considered my former proposition to exchange the privateersmen approved I have made positive and definite propositions to General Wool at once without waiting further instructions, believing and hoping they correspond with your views.

The letters will explain themselves and I beg you will give all necessary instructions to carry out the agreement if General Wool performs his part.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General.

* Omitted here; Wool to Huger, two letters, May 19, p. 553.

** Omitted here; Huger to Wool, May 20, p. 556.

–––

HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, May 20, 1862.

Brig. Gen. D. LEADBETTER, Commanding, &c., Chattanooga, Tenn.

GENERAL: The following is a copy of a dispatch received at these headquarters:

MOBILE, May 19, 1862.

General E. K. SMITH:

The following dispatch was sent to-day to Governor Shorter, of Alabama:

“General Beauregard directs to have released on parole in his name not to serve during the war until regularly exchanged all surgeons and privates taken at Shiloh. Take duplicate descriptive rolls and send with these prisoners to commanding officer at Chattanooga subject to orders of General E. K. Smith; officers and non-commissioned officers to be retained as prisoners.”

J. H. FORNEY, Brigadier-General, Commanding.

The major-general commanding directs that upon the arrival at Chattanooga of the prisoners referred to in the above telegram you will send them as soon as practicable and with all proper precautions out of our lines and to those of the Federal Army commanded by General Mitchel.

Respectfully, your obedient servant,

J. F. BELTON, Acting Assistant Adjutant-General.

{p.876}

–––

HDQRS. DEPT. OF EAST TENN., OFFICE PROVOST-MARSHAL, May 21, 1862.

J. F. BELTON, Acting Assistant Adjutant-General:

Herewith I respectfully submit the organization* of the department of provost-marshal for East Tennessee. It is nearly though not entirely complete. There are some more private police needed who will be employed as the right men can be selected. The operation of the law in this department seems to be working as well as could be expected when the deep-rooted disaffection is considered. Many are returning from Kentucky and many more expected to return, arrangements having been made by their friends to bring them. By this time the fact of the suspension of the conscript bill in East Tennessee is in the camp of the enemy in readable form which must work advantageously and tend to demoralize the enemy. Inclosed is card* sent into their camp. I respectfully desire that the rank (if any) and the pay of each be fixed and also to be instructed by whom the officers, employés and expenses of the department are to be paid.

[W. M. CHURCHWELL, Colonel and Provost-Marshal.]

* Not found.

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FORT WARREN, Boston Harbor, May 21, 1862.

Hon. G. W. RANDOLPH Secretary of War Confederate States, Richmond, Va.

SIR: I have been informed that Major Vogdes, now a prisoner of war at Richmond, is desirous of being exchanged and states that he has been officially informed that such exchange would be granted by the Confederate States for any major at Fort Warren. If consistent with the views of the Confederate authorities I have the honor to request that you will send me in writing a statement of your willingness to exchange Major Vogdes for myself.

I am, sir, very respectfully, your obedient servant,

G. B. COSBY, Major, Provisional Army, C. S.

–––

HEADQUARTERS, Richmond, Va., May 22, 1862.

Brig. Gen. JOSEPH FINEGAN, Commanding, &c., Tallahassee.

GENERAL: I have received from the Adjutant and Inspector General a copy of your letter to Colonel Hopkins, with certain indorsements by you, and the letter of the commanding officer of the Seneca. Your instructions to Colonel Hopkins in relation to the proposed visit of alleged citizens of Florida and the exchange of prisoners are fully approved. You are authorized to make proper arrangements for the equal exchange of military prisoners, according to the proposition of the Federal officer, and designate such place of meeting for that purpose as you may deem proper. The subject of picket shooting is left entirely to your own discretion also. You will of course consent to no proposition which will prevent you from affording the most ample protection to property.

I am, general, very respectfully, your obedient servant,

R. E. LEE, General.

{p.877}

–––

PETERSBURG, May 22, 1862.

SECRETARY OF WAR:

General Wool writes* word he accepts the conditions of exchange as proposed by me in letter of 20th and orders have been sent to send all privateersmen at once to City Point. He asks to let the hostages meet them. Please name a day. His flag of truce is at City Point waiting my answer.

BENJ. HUGER, Major-General.

* See Stanton to Wool, May 21, p. 561, and Wool to Huger, same day, p. 561.

–––

HEADQUARTERS DEPARTMENT OF TEXAS, Houston, May 22, 1862.

Col. GEORGE FLOURNOY, Virginia Point:

Passport system not yet established. You can arrest, place in confinement or turn back any person you deem suspicious.

By order of Brig. Gen. P. O. Hébert:

GEO. R. WILSON, Aide-de-Camp.

–––

RICHMOND, May 23, 1862.

His Excellency Governor J. G. SHORTER, Montgomery:

General J. E. Wool declined to permit the appointment of a commissary of prisoners although we offered to receive one from the United States Government. He offered, however, to remit to individual prisoners what might be sent to them.

G. W. RANDOLPH, Secretary of War.

–––

RICHMOND, May 23, 1862.

Maj. Gen. BENJAMIN HUGER, Petersburg:

How many privateersmen are there? Are there any officers among them, and what is their grade? Did you propose any change in the adopted scale of equivalents?

Inform General J. E. Wool that Col. A. M. Wood, who was paroled, was intended to be exchanged for Col. George S. Patton, who was also on parole; that supposing the exchange to have been made the Department ordered Colonel Patton on duty, but finding no record of it we desire now to release Colonel Wood from his parole if it has not been done already.

G. W. RANDOLPH, Secretary of War.

–––

PETERSBURG, May 23, 1862.

SECRETARY OF WAR:

I have no answer to message of last evening. What time shall I notify General Wool that the exchanged officers for privateersmen will reach here? His letter goes to you by train.

BENJ. HUGER.

{p.878}

–––

HEADQUARTERS DEPARTMENT OF THE APPOMATTOX, Petersburg, May 23, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: I inclose herewith a letter* received from Major-General Wool last night. I telegraphed you requesting to be informed when the hostages would be sent. I also request that you will send me a copy of the cartel agreed upon between the United States and Great Britain in 1813.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

* Omitted here; Wool to Huger, May 21, p. 561.

–––

HEADQUARTERS DEPARTMENT OF THE APPOMATTOX, Petersburg, May 23, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: I waited until afternoon to-day for your answer to my message last evening. I then dispatched a flag to General Wool with the letter of which the inclosed is a copy.

I refer you to my letter of May 3* written to General Wool and stating the terms on which we could make a general exchange of all prisoners, and stipulating first that the privateers should be exchanged and on what terms. I have sent you copies of all the correspondence since. From your message just received you do not appear to have had time to read the letters.

I do not know the number of privateersmen; there are officers among them, and their rank was fixed by me-see letter of May 20,** copy sent you-and the exchange was to be made as that letter states by the cartel agreed upon between General Wool and General Cobb, being the schedule fixed by the United States and Great Britain in 1813.

I will inform General Wool by first opportunity that Colonel Wood is released from his parole.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, &c.

* See p. 514, Union Correspondence.

** See p. 556, Union Correspondence.

[Inclosure.]

HEADQUARTERS DEPARTMENT OF THE APPOMATTOX, Petersburg, May 23, 1862.

Maj. Gen. JOHN E. WOOL, Commanding Department of Virginia.

GENERAL: I have detained your boat until to-day expecting an answer from Richmond as to the time when the prisoners to be exchanged for the privateersmen could reach here. I have not yet received an answer and I am not aware of the location of these officers or when they could reach here, but I assure you I consider the War Department have fully agreed to the terms stated in my letter of the 3d instant to you and which have been accepted by yourself. I must be responsible that on the delivery of all the privateersmen all the officers retained as hostages will be released upon parole, the details of the exchanges to be arranged between us according to the cartel referred to and such of the officers as are not exchanged in this way to {p.879} remain on parole until exchanged for others. If not interrupted by movements in the field I will promise to have the officers forwarded as soon as possible, and will send notice to any of your vessels and request you may be notified to send for them.

Very respectfully, your obedient servant,

BENJAMIN HUGER, Major-General.

–––

RICHMOND, May 23, 1862.

Maj. Gen. BENJAMIN HUGER, Petersburg:

I omitted to inform you that the hostages are at Salisbury, N. C., and can be easily delivered at City Point if the exchange is agreed on. I have directed the Adjutant-General to forward the cartel mentioned in your letter, which has been received since my last telegraph.

G. W. RANDOLPH, Secretary of War.

–––

HEADQUARTERS, May 23, 1862.

Hon. GEORGE W. RANDOLPH, Secretary of War, Richmond.

SIR: I inclose a copy of correspondence* between General McDowell and myself which resulted from the instructions contained in your letter of 18th current. I inclose also a copy of a general order** inclosed to me by General McDowell some days since.

I have the honor to be, your most obedient servant,

JOSEPH R. ANDERSON, Brigadier-General, Commanding.

* Omitted here; see Anderson to McDowell, May 21, and its inclosure, p. 565, and McDowell’s answer, May 22, p. 566.

** Omitted here; see p. 545.

–––

RICHMOND, May 23, 1862.

Hon. J. P. BENJAMIN, Secretary of State (late of War).

SIR: On the 18th of March last you gave me a letter of which the following is a copy:

WAR DEPARTMENT, March 18, 1862.

Col. GEORGE S. PATRON, Richmond.

SIR: You are released from your parole and may resume service at pleasure. I will at an early day indicate to you the name of the officer for whom you are exchanged as we have the choice of several already surrendered to the enemy.

Yours, respectfully,

J. P. BENJAMIN, Secretary of War.

This letter speaking in verba de præsenti and you stating to me verbally that I was exchanged then I under orders from the Adjutant-General founded on this letter joined my regiment, went into active service, was finally wounded in action and sent home invalided. On reaching Richmond imagine my surprise at learning not only that I was not exchanged, that the U. S. authorities had not assented to it, that no Federal officer had even been designated for exchange for me, but actually that the records of the War Department did not show even your letter to me or any memorandum whatever of the transaction. {p.880} And thus, sir, I have been placed by your action in a most disagreeable and delicate position and exposed to the imputation of having violated my honor, sacred above all things to me at least, and not only that but have been also exposed to all the risks of capture and the consequent indignity to which I would have been subjected as a violator of parole. My safety as an officer has thus been jeopardized and my honor as a man seriously compromised, and you can readily understand that I must have it vindicated; and I demand therefore that you at once take measures to put me rectus in curiâ by giving me a full and complete statement of the transaction and publicly freeing me from all blame.

I have the honor to remain, yours, &c.,

GEO. S. PATTON, Colonel Twenty-second Virginia Volunteers.

–––

FORT WARREN, Boston Harbor, May 23, 1862.

Hon. G. W. RANDOLPH, Secretary of War:

I wrote to you a day or two ago in reference to exchanging Major Vogdes for myself. I now avail myself of Colonel Hanson’s going to write again to urge upon you the same thing.

Hoping that the press of public business may not prevent your doing what I ask,

I am, sir, very respectfully, your obedient servant,

G. B. COSBY, Major, Provisional Army, C. S.

[Indorsement.]

Colonel Hanson is authorized to take this letter to Fort Monroe and show it to Major-General Wool, who is requested to allow the colonel to take it to Richmond.

J. DIMICK, Colonel First Artillery, Commanding.

–––

HEADQUARTERS WESTERN DEPARTMENT, Corinth, May 23, 1862.

Maj. N. R. CHAMBLISS, Commanding Post, Grenada, Miss.

MAJOR: Your telegram of this date inquiring whether the commissary or quartermaster pays the board, expenses, &c., of prisoners has been submitted to the commander of the forces who instructs me to reply as follows by letter: Expenses incurred in subsisting prisoners of war are defrayed by the subsistence department; clothing, transportation, &c., by the quartermaster’s department.

Very respectfully, your obedient servant,

[GEORGE WM. BRENT,] Acting Chief of Staff.

–––

HEADQUARTERS WESTERN DEPARTMENT, May 23, 1862.

Col. H. B. Y. WILLIAMS, Hickory Withe Depot:

The general commanding having been informed that there are certain persons in your vicinity engaged in buying up cotton with a view of {p.881} selling or bartering the same to the enemy you are hereby authorized to arrest all such persons and place them in the custody of the nearest commandant of a post. You will also destroy all cotton bought with a view of speculation or barter with enemy, having due care, however, not to seize upon any that has been purchased for Government purposes.

Respectfully, your obedient servant,

F. H. JORDAN, Captain and Assistant Adjutant-General.

(Copy to Robert B. Bone, Hickory Withe.)

–––

HEADQUARTERS DEPARTMENT OF THE APPOMATTOX, Petersburg, May 24, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: I received on the 22d instant a long letter from Capt. William Smith, of the U. S. steamer Wachusett, complaining of the capture of several of the officers and men of his vessel who went on shore at City Point, the doctor going to visit a sick lady and the other officers accompanying him for their recreation. He alludes to white flags being shown from the houses and no Confederate flag being displayed or any signs that troops were in the neighborhood, and claims these persons should not be considered prisoners. I send you a copy of my answer* to his letter.

I received yesterday a letter from Commodore Goldsborough on the same subject, and send you herewith a copy of his letter and my reply,** all of which I hope meets your views.

Would it not be well to notify the governor of the military prison at Salisbury to send me the prisoners held as hostages for privateers when I demand them? If General Wool performs his promise as stated in his letter of the 22d instant I will telegraph for the hostages to come on and be delivered up on a day named by us.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

* Omitted here; Huger to Smith, May 24, p. 593.

** Both omitted here; Goldsborough to Huger, May 22, p. 569; Huger’s reply, May 24, p. 592.

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HEADQUARTERS WESTERN DEPARTMENT, Corinth, Miss., May 24, 1862.

[General G. T. BEAUREGARD.]

GENERAL: In compliance with your order to make an official synopsis of the accompanying papers relating to the exchange of 200 Confederate prisoners captured by the enemy at the battle of Pea Ridge I have the honor to submit the following:

On the 26th of March, 1862 (see paper* marked red ink 1), Major-General Price, of the Confederate Army, and Major-General Curtis, of the Federal Army, signed a written agreement for an exchange of prisoners. This paper stipulated that the prisoners held by General Price should be immediately escorted beyond the lines of the Confederate Army, provided with enough rations to subsist them until they reached Fayetteville, Ark.; that they were to be kept on parole until General {p.882} Curtis shall have sent an equal number of Confederate prisoners to Van Buren, or some other military post within our lines. The agreement closes with this paragraph:

If any of the prisoners held by Major-General Curtis and named in the annexed list cannot for any cause be delivered as agreed, others actually in the service-military service-of the Confederate States shall be sent in their stead without unnecessary delay.

On the 1st of May, 1862(2), General Halleck writes from Monterey to Brigadier-General Ketchum ordering him to have “the agreement between Generals Curtis and Price carried out without delay;” orders the prisoners to be conveyed by steamer down the Mississippi River and turned over to Commodore Foote, who will have them landed within [the] Confederate lines; ample subsistence being furnished. If those named on list cannot be furnished others are to be substituted.

On the 19th of May (3) Flag-Officer C. H. Davis,** U. S. Navy, writes to Brigadier-General Villepigue requesting him to remove from steamer Kennett 200 prisoners sent into the Confederate lines by order of General Halleck in obedience to an agreement entered into by Generals Price and Curtis for exchange of prisoners. Captain Davis also asks for receipt of same written on the list sent for that purpose.

General Villepigue writes Captain Davis March 20 that whilst temporarily absent from his headquarters on the 19th (4) Col. Andrew Jackson, jr., second in command, through inadvertence or carelessness, received 202 Confederate prisoners of war just from an infected prison at Alton, Ill., with two cases of smallpox among them in exchange for same number of Federal prisoners free from any contagious disease. General Villepigue demands the enemy disavow so barbarous an act by receiving them again in their own lines and caring for them until cured of smallpox.

Captain Davis replies to this letter 21st of May (5) that he has not a sufficient knowledge of all the circumstances in the case, such as the condition of the building occupied by prisoners in Alton, their health at the time released, &c., to enter into the details of the subject. But to remove ground for complaint he proposes a temporary neutral hospital be established for the use of the infected. The location he leaves to Captain Dove and General Villepigue to determine.

General Villepigue replies (6) May 21 that he construes the above letter into a refusal to take back the prisoners and declines the proposition of Captain Davis. The two prisoners already broken out with smallpox would be exposed to unnecessary risk and discomfort to be again removed.

Paper numbered 7 is a letter from General Villepigue to General Jordan stating the facts in the case and commenting severely upon the “barbarous” conduct of the enemy in the affair. He holds Captain [Flag-Officer] Davis personally blameless, as the prisoners were sent directly through from Alton, but from what he learns from the prisoners themselves he regards the transaction as a deliberate attempt of our enemies to spread the most loathsome disease among us. This he has sufficiently guarded against. Colonel Jackson is stated to have been ignorant of the prisoners’ condition when he received them.

Paper marked 8 is a letter*** from General Price, dated Van Buren, March 26, addressed to General Halleck. He calls General Halleck’s attention to the fact that after the battle of Lexington he forthwith liberated more than 3,500 prisoners whilst he holds a large number of {p.883} officers and men of the Missouri State Guard and many citizens of the State in close confinement at Saint Louis and elsewhere who are suffering greatly by such unjust imprisonment. The hope is expressed that General Halleck will imitate the example set by General Price.

This letter though not bearing immediately on the subject-matter in these papers is yet interesting as illustrating the wide difference in the bearing and action of our own and the Yankee commanding generals in the whole history of this war.

I have the honor, general, to be, your most obedient servant,

HENRY E. PEYTON, Assistant Inspector-General.

* Omitted here; see p. 405.

** Correspondence between Davis and Villepigue omitted here; see Davis to Ketchum and its inclosures, May 22, p. 571.

*** Not found.

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HEADQUARTERS DEPARTMENT OF THE APPOMATTOX, Drewry’s Farm. May 26, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: I inclose you herewith copy of my letter to General Wool of May 3* as you requested. You will see it fixes the terms upon which the privateersmen are to be exchanged, which terms have been accepted by both parties. I consider myself pledged to deliver the hostages upon the arrival of the privateersmen and I request authority to order them from Salisbury.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

* Omitted here; Huger to Wool, May 3, p. 514.

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HEADQUARTERS DEPARTMENT OF THE APPOMATTOX, Drewry’s Farm, May 26, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: I have just received the inclosed letters* brought by flag of truce to City Point. I send them up to you at once for your instructions, and as I have no time to make copies I request they may be returned to me with your instructions. I have requested your authority to order the hostages for privateersmen sent down as soon as General Wool notifies me the privateersmen would reach here on a day appointed. I am averse to exchanging any one of the hostages before this is done, but after the privateersmen are exchanged I should insist that Commodore Barron and two other naval officers still at Fort Monroe and who have been longest in confinement be first exchanged, and the exchanges should be general not of individuals. I dispatch these letters at once, and as soon as your instructions are received I will communicate with General Wool via City Point.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

* Omitted here; Wool to Huger, May 25, p. 595, and probably Milward’s dispatches; see Wool to Milward, same date, p. 595.

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HEADQUARTERS, Hanover Junction, May 26, 1862.

Hon. GEORGE W. RANDOLPH, Secretary of War, Richmond.

SIR: Evening before last at dusk, just as I was taking up my line of march for this point but before my pickets were withdrawn, I received {p.884} a communication from General McDowell, a copy of which I have the honor to inclose herewith.

I am, sir, very respectfully, your obedient servant,

JOS. R. ANDERSON, Brigadier-General, Commanding.

[Inclosure.]

HEADQUARTERS DEPARTMENT OF THE RAPPAHANNOCK, May 24, 1862.

Brig. Gen. JOSEPH R. ANDERSON, Commanding near Massaponax.

GENERAL: I have just received the following from the Secretary of War:

You may answer that Generals Buckner and Tilghman are not confined in dungeons. I have directed a specific report to be made as to how they are confined, which when received will be transmitted to you.

I have only to add that when that report shall be received I will lose no time in communicating with you again on the subject.

I have the honor to remain, very respectfully, general, your most obedient servant,

IRVIN MCDOWELL, Major-General, Commanding.

NOTE.-Being ordered from the Rappahannock I had no opportunity to receive further communications from General McDowell if he had them to make on this subject.

J. R. A.

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DREWRY’S BLUFF, May 27, 1862.

SECRETARY OF WAR:

Shall I write General Wool the answer I proposed in my letter to you of yesterday?

BENJ. HUGER, Major-General.

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RICHMOND, May 27, 1862.

Maj. Gen. BENJAMIN HUGER, Drewry’s Bluff:

I am only waiting for a list of the persons lately held as hostages to communicate with you by letter. I shall probably do so to-day. You are aware that there are no longer any hostages in our hands, the persons so treated having been considered as other prisoners of war since the privateersmen received the same consideration from the enemy. An equivalent for the privateersmen will be furnished from the persons who were hostages according to the cartel agreed on. Until you know the number and rank of the officers among the privateersmen I do not see how that equivalent can be determined.

G. W. RANDOLPH, Secretary of War.

{p.885}

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HEADQUARTERS DEPARTMENT OF THE APPOMATTOX, Drewry’s Farm, May 27, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: Please authorize me to send for the prisoners lately held as hostages for our privateersmen whenever I may need them.

I am, very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

[Note in pencil.]-A messenger goes to General Huger in the morning.

A. G. O.

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HEADQUARTERS DEPARTMENT OF HENRICO, Richmond, May 27, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: In obedience to your instructions I have the honor to inclose a report* of the officers held as hostages for the privateersmen.

Respectfully, your obedient servant,

JNO. H. WINDER, Brigadier-General.

* Not found, but see Cogswell to Thomas, November 11, 1861, p. 130, and Winder to Benjamin, November 12, 1861, p. 740, for names of hostages held for the privateersmen.

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EXECUTIVE DEPARTMENT, Richmond, Va., May 27, 1862.

Hon. GEORGE W. RANDOLPH, Secretary of War.

SIR: I see from the papers that Captains Spriggs and Triplett, regularly commissioned under the law of Virginia in the ranger service, have been captured by the enemy and it is announced in their papers that they will be hung. If they shall be executed I think retaliation should follow promptly.

The object of this communication is to bring the subject to the attention of the Confederate authorities for their consideration. These gentlemen acting under the authority of the State with commissions issued in pursuance of law and under the seal of the State are entitled to protection, and to insure that protection we must let Mr. Lincoln understand that for every man of this class who shall be executed we will execute in like manner one of corresponding grade selected from the prisoners in our custody.

I ask therefore that two Federal captains shall be designated either by lot or otherwise who shall be subjected to the same punishment that the Lincoln officers may visit upon Captains Spriggs and Triplett, the same rule also to apply to privates in the ranger companies.

I will be obliged to you for an early reply.

Respectfully,

JOHN LETCHER.

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RICHMOND, May 28, 1862.

Col. JAMES KENT, Selma:

You can parole for a limited time Col. Madison Miller, Maj. William M. Stone and Capt. Patrick Gregg for the purpose of procuring an exchange of prisoners, and to return if not successful within the time.

G. W. RANDOLPH, Secretary of War.

{p.886}

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HEADQUARTERS DEPARTMENT OF THE APPOMATTOX, Drewry’s Farm, May 28, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: I have your letter* of the 27th with list of officers formerly held as hostages for privateers. Your letter states that I would fulfill my engagement by permitting General Wool to release from parole the four officers who are now paroled but not exchanged. I would fulfill the letter but not the spirit of all my letters. I inclose you a copy of my letter** of 23d instant to General Wool in which I agree that if all the privateersmen are sent to me I will release all the persons formerly held as hostages, such as are not exchanged to be paroled. I must comply with the terms of my letter of the 23d, copy inclosed, or I shall be guilty of similar conduct to that pursued by General Wool, to which I cannot consent. I repeat my request that I have authority granted me to send for and deliver over on parole all officers once held as hostages provided General Wool delivers to me all the privateersmen.

Very respectfully, your most obedient servant,

BENJ. HUGER, Major-General, Commanding.

P. S.-Please return me the original letters of General Wool sent you on 26th.

* Not found.

** Huger to Wool, May 23, p. 586.

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FORT WARREN, May 29, 1862.

General S. COOPER, Adjutant and Inspector General C. S. Army.

GENERAL: This will be presented to you by Captain Sheliha, of my late staff, who goes to the seat of Government to effect an exchange between himself and Captain Gibbs, of the U. S. Army. May I ask your assistance in effecting it? I have seldom importuned the Department. Here I consider it my duty. It will confer a favor on one of my staff and restore an able engineer to a service in which they are much needed.

Respectfully, your obedient servant,

W. W. MACKALL, Brigadier-General.

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BATTERY No. 7, Richmond, May 29, 1862.

Honorable Mr. RANDOLPH.

DEAR SIR: This short epistle is to get information from you for the purpose of getting my discharge from the C. S. service. When the war first broke out I joined Capt. William H. Dulany’s company from Fairfax County, Va., and served up to the time that Alexandria was taken, and I was taken prisoner by the Federals who kept me one month and in prison. When Captain Ball and all his men took the oath I refused to take it, but I found out that I could not get out without taking it, and not knowing the consequences of such a thing I took it and came down in Virginia to get employment; but when the conscript bill passed they all told me it would take hold on me. I joined a volunteer company (B) of Maj. F. J. Boggs’ battalion of artillery. Now, I want to know if it is lawful for me to stay or not. Will you be {p.887} so kind as to write me a letter explaining all to me and advise me what to do, and you will confer a great favor on

Your most obedient and humble servant and soldier,

JAMES W. PEARSON.

P. S.-Direct to James W. Pearson (care of Captain Martin, Company B, Major Boggs’ battalion light artillery).

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CHAPEL HILL, N. C., May 30, 1862.

General HUGER.

SIR: Some time since I reported myself in Norfolk to your son, Captain Huger, as ready to return to Fort Warren. My thirty days had expired. I felt bound to comply with the terms of my parole. I was told by Captain Huger that none of us were to go back; that General Wool did not require it. I asked for a certificate of the fact and was told that it was not necessary. I now find myself in very embarrassing circumstances, for the enemy are arresting all of the paroled prisoners that they can lay hands on and are even trying some of them for their lives, Maj. H. A. Gilliam has been arrested and carried North and I have been driven for safety from home. My escape from them so exasperated them that they have offered a reward of $2,000 in gold. Please get the certificate for me from your son, for the Yankees have threatened to hang me. It is evident the Government does not intend to exchange me, and I am tired of running from a danger that I have had no hand in bringing about. It is due to me that I should either be exchanged or secured in some way from a danger that threatens me through the act of the Government.

I am, sir, very respectfully,

S. L. JOHNSTON.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, June 1, 1862.

Brig. Gen. D. LEADBETTER, Chattanooga, Tenn.:

Upon what ground does General Mitchel refuse to receive the 550 prisoners?

H. L. CLAY, Assistant Adjutant-General.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, June 1, 1862.

General G. T. BEAUREGARD, Corinth, Miss.:

General Mitchel refuses to receive prisoners sent to him from Macon, Ga., because (he says) he received no notice of their being sent forward.

E. KIRBY SMITH, Major-General, Commanding.

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PETERSBURG, June 2, 1862.

SECRETARY OF WAR:

General Wool, U. S. Army, has sent 85 prisoners of war, privateersmen, to City Point to be exchanged for Colonels Corcoran, Willcox and others who were held as hostages for the safety of our men. What reply must I make?

R. RANSOM, [JR.,] Brigadier-General.

{p.888}

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BENTIVOGLIO, ALBEMARLE COUNTY, June 2, 1862.

Capt. R. G. H. KEAN, Chief of Bureau of War, Richmond.

SIR: I have not yet received from the Department any official notification of the arrangement of my exchange and of the unfortunate mistake in relation to it. Be kind enough to send me at once the official papers including General Wool’s answer, as having recovered from my wound I am very anxious to rejoin my regiment.

I have the honor to remain, yours, respectfully,

GEO. S. PATTON, Colonel Twenty-second Virginia Regiment.

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JONESBOROUGH, TENN., June 2, 1862.

Maj. Gen. E. KIRBY SMITH.

DEAR SIR: As sheriff of this county (Washington) I wish to know of you if the provost-marshal at this place has any right to interfere in criminal or State matters when men are confined in jail as to having them released though they may volunteer. He has already had one man and woman released who were confined for an offense against the State laws. As there are now some others confined who are trying to get him to release them if they will volunteer, and as I do not wish to act in any way against the martial order, nor do I wish to act contrary to the State laws, only to do my duty to both, you will greatly oblige by giving me any instructions that you may think necessary in this matter. By compliance you will oblige,

Very respectfully, yours, &c.,

S. T. SHIPLEY, Sheriff.

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HEADQUARTERS DISTRICT OF THE APPOMATTOX, Petersburg, Va., June 3, 1862.

General S. COOPER, Adjutant and Inspector General C. S. Army, Richmond, Va.

SIR: I have the honor herewith to forward certain papers* received from General Wool and Lieutenant-Colonel Whipple. Will you please send me instructions relative to them by Lieutenant Henry, who will return this evening.

Very respectfully, your obedient servant,

ROBERT RANSOM, JR., Brigadier-General.

* Omitted here; Wool to Huger, June 1, p. 618, and Whipple to Huger, June 2, p. 632.

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JACKSON, MISS., June 4, 1862.

JEFFERSON DAVIS, President, Richmond, Va.:

Van Benthuysen’s letter received. Butler has put prominent citizens of New Orleans at labor with ball and chain. Shall he be notified that lex talionis will be applied to such cases?

M. LOVELL.

{p.889}

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, June 4, 1862.

Brig. Gen. D. LEADBETTER, Chattanooga, Tenn.:

Parole the Federal prisoners if not received by Mitchel and send them across the lines. When in your opinion there is necessity for re-enforcements because of advance of enemy upon Chattanooga telegraph and a regiment will be sent to you.

H. L. CLAY, Assistant Adjutant-General.

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RICHMOND, VA., June 5, 1862.

Major-General LOVELL, Jackson, Miss.:

You will send a flag of truce* to General Butler and inform him that you have heard that he has put prominent citizens of New Orleans to labor with ball and chain. Say to him that we shall retaliate if such be the fact, but will wait for a contradiction if he thinks fit to make it.

G. W. RANDOLPH, Secretary of War.

* See Lovell to Butler, June 5. p. 652, and Butler’s answer, June 6, p. 656.

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CAMP JACKSON, NEAR SAINT MARK’S LIGHT-HOUSE, June 5, 1862.

Brig. Gen. JOSEPH FINEGAN.

SIR: I have the honor to report to you that a small boat came into the Saint Mark’s Light-House under a flag of truce from the blockade bark Kingfisher at about 4 o’clock p.m. on the 5th instant, bearing a written dispatch directed to the commanding officer at Saint Mark’s, or in his absence Lieut. Commander C. P. McGary, C. S. Navy, the bearer of which stated that they would call on the present instant at 10 o’clock a.m. for a reply. The dispatch was signed by Jos. P. Couthouy, acting lieutenant commander U. S. bark Kingfisher, in which was expressed an opinion that Acting Master Samuel Curtis with the survivors of the watering party were captured in the Aucilla River on the 2d instant, &c., and that the prisoners taken by our troops on the 2d would receive such treatment as humanity and the civilization of the age claim for persons in their situation, and a request that he be permitted to send them their clothing, and also a request that he be furnished with a pass for a burying party to go down with a flag of truce and place the remains of his late shipmates in security, &c.; also contains other requests all of which will be found in said dispatch, a copy of which together with the original letter mentioned in said dispatch I inclose* herewith.

I replied promptly to the dispatch, informing Lieutenant Couthouy that Mr. Curtis with the survivors of his party were captured by our troops and were held prisoners of war, and assured him that as long as our countrymen who have been so unfortunate as to fall into his hands should be treated with humanity and kindness his should fare equally well in our custody. I also authorized him to deliver such clothing and other articles as he desired to be sent to Mr. Curtis for the use of himself and party to Lieutenant Maxwell at Saint Mark’s {p.890} Light-House, and assured him that I would have them safely conveyed to the commander of the Confederate forces at Tallahassee, who would I had no doubt dispose of them as he requested.

I also informed him that only two of his men were killed in the skirmish, and that our troops not having the proper appliances at hand intrusted their burial to some citizens in the vicinity. I also authorized him to send down a boat crew under a flag of truce to have the remains of his shipmates more securely interred, giving him a pass to that effect, and calling on all good and loyal citizens of the Confederate States to respect said flag and permit the party to pass to the place of burial unmolested during Friday and Saturday, the 6th and 7th instant. I also informed him that two of his men were slightly wounded, and that they were placed in the hospital at Tallahassee, where they have the best medical and other attention.

I also informed him that all other matters mentioned in his communication would be referred to the commanding officer at Tallahassee and that he should receive a reply at an early day.

All of which is respectfully submitted.

Very respectfully, &c.,

D. W. GWYNN, Lieutenant, Commanding Detachment Tallahassee Guards.

* Omitted here; Couthouy to McGary, and inclosure, June 5, p. 648.

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SPECIAL ORDERS, No. 129.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, June 5, 1862.

...

XX. By direction of the President the writ of habeas corpus is suspended in the city of Salisbury, N. C., and throughout the surrounding country to the extent of one mile. Capt. A. C. Godwin, in charge of the prisoners at Salisbury, will deliver no prisoners to the civil authorities.

...

By command of the Secretary of War:

JNO. WITHERS, Assistant Adjutant-General.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, June 6, 1862.

Brig. Gen. D. LEADBETTER, Chattanooga, Tenn.:

Send the prisoners south if transportation can be had-if not to be had then send them in this direction. Remove all the stores to Atlanta and Marietta. Make your preparations to destroy whatever cannot be removed in the event the evacuation of Chattanooga becomes necessary. But hold the place as long as possible. Reynolds’ brigade has been ordered to re-enforce you and should reach you Sunday. If Chattanooga cannot be held because of great superiority of enemy have your transportation ready to retreat to Cleveland and destroy the road behind you and toward Dalton after supplies have been removed.

H. L. CLAY, Assistant Adjutant-General.

{p.891}

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HEADQUARTERS HUGER’S DIVISION, June 6, 1862.

General R. E. LEE, Commanding Army of Northern Virginia.

GENERAL: As authorized by you I sent a flag of truce to the enemy’s lines last evening requesting permission to recover the bodies of several of our officers supposed to have been killed in the late actions. I received a reply from Brigadier-General Hooker stating my letter had to be referred to the commanding general and he would give an answer at 10 a.m. to-day.* On sending at that hour I received a letter signed by Brigadier-General Sickles, marked A. This afternoon I received a second letter from General Sickles (copy sent marked B). You will perceive some of the officers supposed to be killed are wounded and prisoners. I have now dispatched another flag stating the limits I wish to examine, and hope to recover the bodies of those still missing. I could only ask to examine the position on the Williamsburg road, as I did not know the other positions.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding Division.

* General Hooker’s letter not found.

[Inclosure A.]

HDQRS. ADVANCE, ON THE OLD STAGE ROAD, June 6, 1862-11.40 a.m.

Maj. Gen. B. HUGER, Commanding, &c.

GENERAL: I am directed to inform you that General Pettigrew, although severely wounded, is alive and doing well and is not deemed to be in any danger. Colonel Lightfoot and Lieutenant-Colonel Long are prisoners and well. And I am instructed to add that you will be permitted to send a party to search for the bodies referred to in your communication of yesterday. If you will acquaint me with the limits within which you desire to have the search made the time will be indicated when the party may come within the Union lines. The commanding general has several letters for General Lee, General Johnston and others, and these will be sent to the front in the course of the day.

I am, general, very respectfully, your most obedient servant,

D. E. SICKLES, Brigadier-General, Commanding.

[Inclosure B.]

HDQRS. ADVANCE, ON THE OLD STAGE ROAD, June 6, 1862-12.40 p.m.

Maj. Gen. B. HUGER, Commanding, &c.

GENERAL: I am directed to inform you that the commanding general will send under flag of truce by way of Mechanicsville the letters addressed to General Lee and General Johnston, referred to in my communication to you dated 11.40 a.m. to-day; and I have the pleasure to add that Colonel Bratton, one of the officers alluded to in your communication of yesterday, was not killed in the recent battles. He was wounded, but it is believed not dangerously, and is a prisoner in our hands. The fate of Colonel Davis has not yet been ascertained.

I am, general, very respectfully, your most obedient servant,

D. E. SICKLES, Brigadier-General, Commanding.

{p.892}

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C. S. MILITARY PRISONS, Salisbury, N. C., June 6, 1862.

Brig. Gen. JOHN H. WINDER, Commanding Department of Henrico, Richmond Va.

GENERAL: I have the honor to report that your order directing me to select by lot two captains from the Federal officers of that rank in confinement here to be held as hostages for two of our captains now in the hands of the enemy has been carried into effect. The names of the officers thus selected are Capt. George Austin, Company B, Second Kentucky Regiment Infantry, and Capt. Timothy O’Meara, Company E, Tammany Regiment, New York State Volunteers.

I am, very respectfully, your obedient servant,

A. C. GODWIN, Major, Commanding.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, June 7, 1862.

Col. JAMES K. SIMPSON, Deputy Provost-Marshal.

SIR: Yours of the 5th instant, together with the papers relative to prisoners, was handed in by W. V. Sevier, esq. In reply I can only say that no more of the prisoners who have already taken the oath of allegiance will be released.

Respectfully,

W. M. CHURCHWELL, Colonel and Provost-Marshal. By R. F. FULKERSON, Assistant Provost-Marshal.

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HEADQUARTERS WESTERN DEPARTMENT, Tupelo, June 8, 1862.

Brig. Gen. D. W. ADAMS, Columbus.

GENERAL: The general commanding directs that you will forthwith convene at Columbus a military commission to examine into the charges against political prisoners. All will be discharged against whom no charges are preferred or substantiated. Many have been confined on grounds that they were suspicious persons. Such if they reside within the present lines of the enemy can be released. The proceedings of the commission will be reported with as little delay as practicable to these headquarters.

I am, general, very respectfully, your obedient servant,

GEORGE WM. BRENT, Acting Chief of Staff.

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SPECIAL ORDERS, No. 75.}

HEADQUARTERS WESTERN DEPARTMENT Tupelo, Miss., June 8, 1862.

I. A military commission consisting of three commissioned officers will convene at Columbus, Miss., on the 12th day of June, 1862, at 10 a.m., or as soon thereafter as practicable, for the trial of certain political prisoners and others as may be legally brought before it. The commanding officer at Columbus will cause the members of the commission {p.893} to be detailed from the commissioned officers of his command, appointing also a suitable officer as judge-advocate.

...

By command of General Beauregard:

[GEORGE WM. BRENT,] Acting Chief of Staff.

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HDQRS. DEPARTMENT OF NORTHERN VIRGINIA, June 9, 1862.

Honorable SECRETARY OF WAR, Richmond, Va.

SIR: I have the honor to forward to the Department a letter* from Major-General McClellan, commanding U. S. forces near Richmond. With reference to that part of the communication of General McClellan which refers to the exchange of prisoners I respectfully recommend that the necessary steps be taken to effect it. Should the Department approve of the proposition I respectfully suggest that the previous experience of General H. Cobb makes him a suitable person to be selected to arrange the terms of a general exchange on our part, or should it be deemed proper to leave the details of exchange to myself I will gladly undertake to arrange the proper conditions of an exchange which I regard as in every way desirable. So far as the letter of General McClellan refers to furnishing medical supplies for his wounded in our hands I respectfully advise a release on parole of such of the wounded on each side us are in condition to be removed. Of course the proposition to supply the enemy’s wounded in our hands with medical stores cannot be entertained.

I have the honor to be, very respectfully, your obedient servant,

R. E. LEE, General, Commanding.

* Omitted here; McClellan to Commanding General Army of Northern Virginia, June 5, p. 663.

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ATLANTA, GA., June 9, 1862.

Honorable SECRETARY OF WAR, Richmond.

SIR: Senator Burnett informed me that when he left Richmond some ten days since Colonel Hanson was at City Point awaiting your assent to the exchange of Lieutenant-Colonel Neff. Not having heard from you I am very apprehensive that you declined the exchange, thereby sending Colonel Hanson back to prison which all his friends would deplore, as you will see by dispatch inclosed from General Breckinridge. I also inclose letter from Neff; with copy of one from S. P. Chase, Secretary of the Treasury, showing that all that is necessary now is your consent and the release of Neff. Hanson is my constituent, friend and neighbor, and I hope you will regard this appeal for his release, while I remain, with great respect,

Very truly, your obedient servant,

E. M. BRUCE.

[Inclosure No. 1.]

CORINTH, May 11, 1862.

Hon. E. M. BRUCE:

in answer to your dispatch I regard Colonel Hanson a most valuable officer and his exchange most desirable.

JNO. C. BRECKINRIDGE.

{p.894}

[Inclosure No. 2.]

SALISBURY, June 2, 1862.

Hon. E. M. BRUCE.

DEAR SIR: Your letter of 27th May has been duly received; also $20 handed me by Captain Godwin, commander of this post, for which please accept my thanks; also for the efforts you have made for my release. I see by the papers there is a prospect of a general exchange which I hope may take place, but everything of this kind seems to be very uncertain. I hope your efforts may prove effective and that I may soon be permitted to return home. You say it may be the influence of my family in procuring a general exchange is the cause of my not having been released. I assure you I could do ten times more in this way by being home or in Washington than by being here. I inclose you a due bill for $20.

I remain, yours, very respectfully,

G. W. NEFF, Lieutenant-Colonel Second Kentucky Infantry.

P. S.-Since writing the above I have received the following letter from Mr. Chase, Secretary of the Treasury, showing that there is no doubt about my being exchanged provided I am released:

TREASURY DEPARTMENT, May 8, 1862.

Lieut. Col. GEORGE W. NEFF.

DEAR SIR: The Secretary of War informed me a day or two since that he had telegraphed General Wool to effect your exchange for Colonel Hanson. I hope therefore soon to see you.

Yours, truly,

S. P. CHASE.

[G. W. N.]

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COYNER’S SPRINGS, [NEAR] BONSACK’S, VA., June 9, 1862.

Hon. GEORGE W. RANDOLPH, Secretary of War.

SIR: Although your memorandum of papers with my address was handed to Mr. Joynes and although more than a week since I wrote urgently to the chief of bureau I have not yet received any communication from the Department notifying the completion of my exchange nor even the courtesy of a reply. I most earnestly beg you to cause me to be informed on the subject so that at least I may know my position. I have been placed by the Department in a most disagreeable position-officially informed by it of an exchange and ordered to duty. I was left subjected to imputations, and supposing myself to be a free man and so supposed by the officers of my regiment I was re-elected unanimously colonel. If my exchange is not soon completed I shall be compelled in justice to myself to resign the commission I hold, as it was given me under false impressions. Had I been supposed to be a prisoner I have no idea I would have been re-elected. Under these circumstances, sir, I think I have a right at least to know what answer has been received from General Wool and whether he has accepted the proposed exchange for Colonel Wood or not, and I am sure that you will inform me on the subject.

I have the honor to remain, yours, very respectfully,

GEO. S. PATTON, Colonel Twenty-second Virginia Regiment.

{p.895}

[Indorsement.]

No answer has been received from General Wool. The Department having notified General Wool of the release of Colonel Wood considers the exchange effected.

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HEADQUARTERS WESTERN DEPARTMENT, Tupelo, June 9, 1862.

COMMANDING OFFICER, Atlanta, Ga.

SIR: The general commanding requests that you will inform this department of the number and rank of the Federal prisoners at your place, and especially whether the U. S. officers and privates named in the inclosed list* are amongst them. They have been regularly exchanged and should be forthwith sent by the nearest practicable route to the enemy’s lines.

I am, sir, with much respect, your obedient servant,

GEORGE WM. BRENT, Acting Chief of Staff.

* Not found.

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C. S. MILITARY PRISONS, Salisbury, N. C., June 9, 1862.

Hon. A. T. BLEDSOE, Assistant Secretary of War, Richmond.

SIR: Your letter of June 6 calling my attention to an inclosed statement from Mrs. Wardwell in relation to the treatment of her husband and other political prisoners in confinement at this place has been received. I have the honor respectfully to report that for a few days after the arrival at this place of a large number of Union men, bridge-burners, spies, and domestic traitors who had been forwarded here from Richmond for safe-keeping, it was in my opinion expedient and necessary to separate them from some 1,500 Federal prisoners who were shortly to be paroled and sent home in order that there might be no communication between them. To do this (the accommodations of the place being limited) I was compelled for a short time to confine the political prisoners in rather contracted apartments. Since the departure of the prisoners of war much more comfortable quarters have been assigned them with a large area for fresh air and exercise.

Trusting that this explanation may prove satisfactory, I remain, very respectfully, your obedient servant,

A. C. GODWIN, Major, Commanding.

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HEADQUARTERS LIGHT DIVISION, June 9, 1862.

Col. R. H. CHILTON, Assistant Adjutant-General.

COLONEL: I have the honor to inclose herewith the reply* of Major-General McClellan to the communication addressed him on the 8th as also a copy of my letter** to him and his original letter*** to General Johnston.

Very respectfully,

A. P. HILL, Major-General.

Please acknowledge receipt.

* See p. 663.

** See p. 662.

*** See p. 644.

{p.896}

–––

HEADQUARTERS, Dobb’s House, June 10, 1862.

Hon. GEORGE W. RANDOLPH, Secretary of War, Richmond.

SIR: I have the honor to request that you will send me the letter from Major-General McClellan which I forwarded to you on yesterday relative to a general exchange of prisoners, &c.

I am, most respectfully, your obedient servant,

R. E. LEE, General.

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RICHMOND, June 10, 1862.

Hon. GEORGE W. RANDOLPH, Secretary of War:

I have the honor to submit briefly for your consideration the facts in reference to the treatment by the enemy of certain prisoners of war captured in the State of Missouri. My informant (whom I consider in every respect reliable and whose communication is herewith inclosed) advises me that Asst. Surgs. Thomas S. Foster and Newton Vowles, of the Second Division, Missouri State Guard (recently under my command), whilst returning to visit their families residing in the county of Marion, State of Missouri, were captured by the enemy, placed in irons and imprisoned in the penitentiary at Alton, in the State of Illinois. Doctor Foster* has been sentenced to death, which sentence has been approved by Major-General Halleck, commanding U. S. forces in that department, under the pretense that he was concerned in destroying the bridges and telegraphic lines of the enemy in Missouri.

When prisoners captured by the Confederate Army are allowed all the indulgences and courtesies of parole, even to the extent of frequenting our most fashionable hotels, subject only to restraints which might reasonably be mistaken for polite attentions, the barbarous treatment of the loyal citizens of Missouri captured by the enemy stands forth in bold reproof.

The inexcusable cruelty exercised by the enemy toward the two gentlemen named as well as to many other loyal citizens of Missouri induces me to bring the subject to your special attention in the hope that through your timely interposition you may be enabled to accomplish something for humanity by the institution of such retaliatory measures as may influence the enemy to mitigate those barbarities now so shamefully practiced through consideration for his soldiers whom the fortunes of war have placed within our power.

I have the honor to be, very respectfully, your obedient servant,

THOS. A. HARRIS.

* See Vol. I, this Series, p. 389 et seq., for Foster’s trial and sentence.

[First indorsement.]

Hon. T. A. HARRIS:

Will order lots to be drawn for two prisoners of equal rank as hostages, and notify General McClellan.

[Second indorsement.]

General Winder will immediately cause lots to be cast for two hostages of equal rank to Assistant Surgeons Foster and Vowles and inform Secretary immediately, as he wishes to communicate to General McClellan.

{p.897}

[Inclosure.]

HDQRS. 3D BRIG., 1ST DIV., ARMY OF THE WEST, Camp Corinth, Miss., May 20, 1862.

General THOMAS A. HARRIS.

DEAR GENERAL: I wrote you some days since and sent it to Mobile to be mailed. I did not in it communicate to you fully the progress of affairs here and cannot do so now as I write you in a hurry, as we have just returned from the field where we have been in line of battle for three days. The Yankees are evidently afraid to attack us; in other words, they show timidity.

Old Captain Robards, from Hannibal, reached our camp yesterday direct from his home. He came by water to Saint Louis, from there to Nashville, thence to Chattanooga and here. He says my brother, the old doctor, was sent to Alton in irons. He was chained very heavily, as they thought him very vicious, says the captain, Robards.

Doctor Foster is there (in Alton) in advance of my brother and condemned to be shot. The sentence has been approved by General Halleck. The charge was bridge burning and railroad tearing up. I wish you would take some action or have some action taken to mitigate this penalty of our old friend Foster.

The boys are bushwhacking in Northeast Missouri. There are no troops there now except the Gamble militia or home guards. He reports the boys are taking small parties of Feds every day in that region; they take no prisoners. No quarter is shown by either side. Gilchrist Porter is on the bench. They are making an effort to collect tax in that region, with what difficulty and success you may well judge. Men are determined to resist. General Rains, General McBride, Governor Jackson, Colonel Coffee, Colonel Clarkson, Colonel O’Kane have gone back to bushwhack. They are now in Arkansas preparing to go up. General Curtis in Arkansas with 10,000 men. Why is General Pike in command yet?

I write you in haste and will do so again soon and more fully. I should like to hear from you.

Address me in care of Brigadier-General Green.

Your friend,

D. W. VOWLES.

P. S.-Our pickets have been fighting with Federals for eight days. We came near bagging 6,000 a few days ago. We get water from the same spring.

I should like to get a permanent position if possible soon as I can. Barney King was killed in the battle [of] Shiloh. Old Moore, from Northeast Missouri, had his leg shot off by a cannon ball. The Federals confess a loss of 28,000. Our loss was 9,000.

Your friend,

D. W. VOWLES.

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ORDERS, NO. 651.

HEADQUARTERS LOUISIANA MILITIA, ADJUTANT-GENERAL’S OFFICE, Opelousas, June 10, 1862.

I. Capt. S. M. Todd will proceed with his detachment to Prescott’s Springs, near Bayou Chicot, in the parish of Saint Landry, and will arrest a Mr. Harris, whose Christian name is unknown, but who is said {p.898} to be a commission merchant from New Orleans, and will forward him forthwith under guard to these headquarters to answer the charge of giving aid and comfort to the enemy.

II. Captain Todd will after arresting Mr. Harris proceed to Evergreen town and there make diligent search and inquiry for a large amount of specie said to belong to the banks of New Orleans or to residents of New Orleans and secreted at the house of a Mr. Bassett in Evergreen or in some other place or in the neighborhood, to be shipped to New Orleans, and when said specie is found Captain Todd will take charge of said specie and consult with Mr. Alanson Pearce, of Evergreen, as to the best place of security to put said specie or will bring the same to Opelousas.

III. Captain Todd will arrest Mr. Bassett if the specie is found on his place or under his charge and care, or he will arrest the person or persons on whose place or in whose custody and charge the said specie may be and bring them to these headquarters to answer the charge of aiding and comforting the enemy.

IV. Captain Todd will consult with Mr. A. Pearce and obtain his aid and assistance to effect the search for this money and he will report his action in executing these orders to these headquarters.

By order of Thomas O. Moore, Governor and commander-in-chief:

M. GRIVOT, Adjutant and Inspector General.

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CHARLESTON, [S. C.,] June 11, 1862.

His Excellency the PRESIDENT.

SIR: It is currently reported here (upon the authority of a circumstantial statement in the New York Herald) that the enemy have organized a regiment of negroes at Port Royal officered by white men, and that this regiment is now probably in the vicinity of the city. As these negroes are slaves in open insurrection they are liable by the laws of the State to be hung whenever taken. Some of our citizens seem to apprehend the possibility of their being treated as prisoners of war and are much excited at the mere thought of such a course. I have assured them that I do not contemplate for a moment any such proceeding on the part of the Government. But to satisfy these gentlemen I have promised to write to you on the subject. It has been suggested whether it might not be expedient to warn the enemy that slaves taken in arms would be summarily dealt with, as well as all whites aiding and abetting them in open insurrection. It does not seem to me necessary to make any such proclamation in advance, but military commanders might be instructed how to proceed in the cases of such captured negroes. As our people have naturally much feeling on this subject I trust it may be my excuse for troubling you with this letter.

Very respectfully, yours,

WM. PORCHER MILES.

[First Indorsement.]

Secretary of War for attention and reply.

JEFFERSON DAVIS.

{p.899}

[Second indorsement.]

Inform Mr. Miles that negroes will not be treated as prisoners of war subject to exchange, but will be confined until Congress passes an act with regard to them.

G. W. RANDOLPH.

–––

EXECUTIVE OFFICE, Opelousas, La., June 12, 1862.

President DAVIS.

SIR: The New Orleans Delta, now published under Federal auspices, of the 7th instant announces that William B. Mumford has been condemned to be hung for tearing down the U. S. flag from the Mint on its first display on that building, and that the sentence was to be executed on that day in the streets of New Orleans near the Mint. If I am correctly informed the act was committed on the first landing of the Federal navy officers who hoisted their flag or had it hoisted by a detachment of marines a day or two after their arrival before the city and before its occupation by General Butler.

I do not doubt the sentence was executed. We have four prisoners in this town (two lieutenants and two privates) captured by Captain Fuller, of the militia, in his gallant expedition on the Opelousas Railroad in which he succeeded in burning the bridges of that road and capturing three trains, with their locomotives, cars, &c. One of these lieutenants, [James W.] Connelly by name, has been conspicuous in burning the property of our citizens in Terre Bonne Parish, and has exhibited a fiendish alacrity in executing the atrocious orders of Butler and his subordinate officers. In retaliating for this brutal murder of Mumford which I take for granted will be done it occurs to me that no more propitiatory sacrifice to his memory can be made than the condemnation of Connelly to the same death. Among the first orders to be executed by the new general whom you will send to us will I hope be this necessary severity.

...

Very truly, &c.,

[THO. O. MOORE, Governor, &c.]

–––

OFFICE OF COMMANDANT OF POST, Charlottesville, June 12, 1862.

General RANDOLPH, Secretary of War.

GENERAL: Perhaps you will not consider it impertinent in me to call your attention to the fact that the officers lately captured by General Jackson in the Valley passed by this town and were detained nearly twenty-four hours. They walked about the town and found out that a large quantity of arms were here and they were already acquainted with the fact that a very large amount of army stores were at Mechum’s River, twelve miles above this town. Therefore these fellows if exchanged shortly will at once make known to the Federal Army of the Valley how easy it would be for a few companies of cavalry to make a dart here or at Mechum’s River and to burn all these arms and stores. Their officers were generally an undignified, low, ill-bred, impudent set of fellows, and inferring from their conversation I believe think it brave and glorious to disregard pledges or paroles to rebels.

{p.900}

It is almost a necessity General Randolph, that the sale of ardent spirits be prohibited here, for this town has become a very public place, and the cases of drunkenness and fights are of such frequent occurrence that ladies are afraid to go into the streets. The most injurious and poisoned whisky is sold to the thoughtless soldier and shortly he becomes a madman. The people in this town are constantly begging me to declare martial law so far as selling liquor is involved but I am powerless. General, I dislike to trouble you again on this subject but the matter is of great importance to the army now so near us. The desertions from the army are numerous and a small troop of cavalry here would be of great service in arresting them. There are several thousand stand of arms here.

With great respect, I am, your obedient servant,

JOHN TAYLOR, Captain and Commandant of Post.

[Indorsement.]

Inform Captain Taylor that as commandant of the post it was his duty to see that the prisoners did not walk about the town; that if he had not the guard necessary to keep them in he should have applied to the officer commanding to assist, and if he declined to furnish it he should have telegraphed immediately to the Secretary; that the mischief is now done and, cannot be remedied; that if he as post commander cannot now confine prisoners the declaration of martial law would not help him. It would throw upon him a vast amount of civil and political business now attended to by other people without increasing his power to do all that is required to be done; that if arrests cannot be made the writ of habeas corpus may be suspended but that martial law for so small a town will be an intolerable burden and would do no good.

Library Reference Information

Type of Material: Book (Book, Microform, Electronic, etc.)
Corporate Name: United States. War Dept.
Main Title: The War of the Rebellion:
a compilation of the official records of the
Union and Confederate armies.
Prepared under the direction of the Secretary of War
by Robert N. Scott.
Washington, Govt. Print. Off., 1880-1900.
Published/Created: Washington : Government Pub. Off., 1880-1901 (70 v. in 128).
Description: 70 v. in 128. 24 cm.
Subjects: United States. Army--History--Civil War, 1861-1865--Sources.
Confederate States of America. Army--History--Sources.
United States--History--Civil War, 1861-1865--Regimental histories.
LC Classification: E464 .U6