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

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

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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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UNION CORRESPONDENCE, ETC.

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[FEBRUARY 19, 1861.-For correspondence, &c., relating to “The Texas Surrender,” see Vol. I, this Series, p. 1 et seq.]

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[MAY 11, 1861.-For capture, parole and final disposition of the Camp Jackson (Mo.) prisoners, see Vol. I, this Series, pp. 105-123.]

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HEADQUARTERS DEPARTMENT OF THE WEST, Saint Louis, Mo., May 18, 1861.

Col. JOHN S. BOWEN, Missouri Volunteer Militia, Saint Louis, Mo.

SIR: In reply to your letter* of the 17th instant to Brigadier-General Harney, commanding Department of the West, I am instructed to say that prisoners of war on parole are not restricted to any particular locality unless a condition to that effect is specifically set forth in the obligation they assume on giving their parole. No such condition was imposed upon the officers of General Frost’s command who gave their parole at Saint Louis Arsenal, May 11, 1861.

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

S. WILLIAMS, Assistant Adjutant-General.

* Not found.

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[JUNE 5, 1861-APRIL 9, 1862.-For various letters, orders, reports, &c., relating to special exchanges not found herein, or specifically cited, see Vol. I, this Series, pp. 61-184, inclusive.]

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U. S. S. MINNESOTA, Off Charleston Harbor, June 6, 1861.

Hon. GIDEON WELLES, Secretary of the Navy.

SIR: ... June 5, about 10 o’clock a.m., our masthead lookout made a sail which proved to be the U. S. brig Perry, Lieutenant Commanding Parrott, with a prize in company, it being a piratical schooner of about 50 tons called the Savannah hailing from Charleston, with a commission from Jefferson Davis, dated Montgomery, May 18, 1861, commanded by T. Harrison Baker and a crew of nineteen men. She {p.2} had placed some of her crew on board a prize, the brig Joseph, of Rockland, Me., from Cardenas with sugar, which she had captured on the 3d instant and ordered to Beaufort, S. C. The captain of the Joseph retained on board the schooner now goes to New York in company with the prize master. I herewith inclose a copy of Lieutenant Commanding Parrotts report.

I shall order the schooner to New York in charge of Prize Master R. S. McCook, midshipman.

I beg, leave most respectfully to remind the Department that I am very much in want of vessels.

The prisoners of the schooner Savannah, captain, lieutenant, sailing-master and purser and ten men-six having been sent away in their prize, the Joseph-are on board the Minnesota and will be sent on the first opportunity to a Northern port.

The Perry has proceeded to her station off Fernandina.

Respectfully, your obedient servant,

S. H. STRINGHAM, Flag-Officer, Atlantic Blockading Squadron.

[Inclosure.]

U. S. BRIG PERRY, At Sea, June 5, 1861.

Flag-Officer SILAS H. STRINGHAM, U. S. S. Minnesota.

SIR: I have the honor to report that on the 3d instant the privateer schooner Savannah, of Charleston, S. C., Capt. T. H. Baker, commissioned by Jefferson Davis, President of the Confederate States of America, was captured by this vessel about 60 miles east of Charleston, S. C.

The following are the particulars of the capture: She was discovered apparently following a brig, and considering her movements suspicious we gave her chase and getting nearer discovered that she carried a pivot gun. We showed our colors, which some time after she answered by hoisting a flag for a moment and hauling it down again, too soon for us to make it out. We afterwards fired a gun ahead of her but she showed no colors. At 7.50 p.m. it being quite dark and the brig which had been seen near the schooner out of sight we were within range and opened fire on the schooner which she returned, several of her shots passing over us. At 8.10 she ceased firing and we lost sight of her for a moment; it proved that she had lowered her sails to show her submission. Wore round and passed near her without firing asking if she surrendered, but could not understand her answer. Wore again and on passing her were answered that she had surrendered. A prize crew was sent on board with orders to follow us and her crew were transferred to this vessel.

She had left Charleston on the 2d instant on her first cruise. We found on board of her the master of the brig Joseph, of Rockland, Me., which was the vessel seen near her and which she had captured on the morning of the 3d instant.

As the smoke from the guns added to the difficulty of keeping the vessel in view we fired slowly and expended but a few shot upon her. Two of our shots passed through her sails and one between them and the hull.

The officers and crew seconded with great zeal my efforts to prevent the escape of the privateer. She awaits your orders.

I am, very respectfully, your obedient servant,

E. G. PARROTT, Lieutenant, Commanding.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, &C., June 11, 1861.

To THE OFFICER COMMANDING THE FORCES AT COUNTY BRIDGE.

SIR: Captain Davies and Lieutenant Potter, of the Fifth Regiment New York Volunteers, are about to proceed to the scene of the late engagement near County Bridge for the purpose of bringing away any dead or wounded that may have been left behind. I trust the courtesies of civilized warfare will be extended to these gentlemen as I have no doubt they will be.

I have some prisoners taken with arms in their hands whom you might desire or be willing to exchange for any persons that may have been so unfortunate as to have fallen into your hands. If you deem such a course desirable a flag of truce with a proper cartel might be arranged through the bearer of this note, Captain Davies.

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

BENJ. F. BUTLER, Major-General, Commanding.

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DIVISION HEADQUARTERS, Yorktown, Va., June 12, 1861.

Maj. Gen. B. F. BUTLER, Commanding, Fort Monroe.

SIR: Our people had orders to bring any communications intended for the commander of the forces at County Bridge or Bethel to this place and by a particular route, hence the delay. I understand from Captain Davies, the bearer of the flag, that you have four prisoners, to wit, one trooper and three citizens-Messrs. Carter, Whiting, Sively and Merriam (the latter being citizens of Virginia)-in your possession, and you state that you are desirous to exchange them for a corresponding number of Federal troops who are prisoners with me. I accept your offer as to the trooper who was a vedette, and will send to-morrow at 4 o’clock in the afternoon if it suit your convenience a Federal soldier in exchange for him. With respect to the wounded, my first care was to have them attended to. Medical advice and careful nursing have been provided and your dead I had buried on the field of battle, and this was done in sight of the conflagrations which were devastating the homes of our citizens.

The citizens in your possession are men who doubtless defended their homes against a foe who to their certain knowledge had with or without the authority of the Federal Government destroyed the private property of their neighbors, breaking up even the pianos of the ladies and committing depredations numberless and of every description. The Federal prisoner if it be agreeable to you will be sent to or near Hampton by a sergeant, who will receive the vedette, Carter, who was captured by your troops before the battle commenced. You have but one prisoner of mine and he was not taken in battle. I do not think a more formal proceeding is necessary. If my proposition to deliver one Federal prisoner at or near Hampton by a sergeant to be exchanged for Private Carter, the captured vedette, be accepted please inform me or the officer in command at Bethel Church and it shall be done.

It is scarcely necessary to say that the gentlemen who bear your flag have been received with every courtesy by our citizens as well as by ourselves.*

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

J. BANKHEAD MAGRUDER, Colonel, Commanding.

* Butler’s answer to this letter see Series I, Vol. II, p 681.

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STATE OF SOUTH CAROLINA, Headquarters, June 19, 1861.

COMDG. OFFICER U. S. BLOCK’G FLEET OFF CHARLESTON HARBOR.

SIR: I am instructed by the President of the Confederate States of America to make with regard to the crew of the Savannah now detained as prisoners on board one of the vessels blockading the port of Charleston a proposition for an exchange of prisoners according to number and rank.

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

S. R. GIST, Adjutant and Inspector General of South Carolina.

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U. S. STEAM FRIGATE WABASH, ATLANTIC BLOCKADING SQUADRON, Off Charleston, S. C., June 19, 1861.

S. R. GIST, Adjt. and Insp. Gen. State of South Carolina. SIB: I have the honor to acknowledge the receipt of your communication of this date. The prisoners to whom you refer are not on board of any of the vessels under my command.

I am, very respectfully, your obedient servant,

SAMUEL MERCER, Captain, U. S. Navy, Senior Officer in Command.

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OFFICE DISTRICT ATTORNEY OF THE UNITED STATES, New York, June 22, 1861.

Hon. GIDEON WELLES, Secretary of the Navy.

SIR: I respectfully inclose copies of advertisements of sale of the schooner Savannah and the ship Nightingale.

Very respectfully, your obedient servant,

E. DELAFIELD SMITH, U. S. District Attorney.

To-day’s Herald states that District Attorney Smith hastens the sale of these vessels, as Government wishes to become the purchaser.

S.

[Inclosure No. 1.]

U. S. marshal’s sale.

By virtue of a writ of venditioni exponas to me directed and delivered I will sell at public auction on the 2d day of July, 1861, at 11 a.m., on board thereof the schooner Savannah, her tackle, apparel and lading.

N. B.-The above vessel lies at Union Stores, Brooklyn. Dated 25th June, 1861.

ROBT. MURRAY, U. S. Marshal.

E. DELAFIELD SMITH, U. S. District Attorney.

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[Inclosure No. 2.]

U. S. marshal’s sale.

By virtue of a writ of venditioni exponas to me directed and delivered I will sell at public auction on the 2d day of July, 1861, at 12 in., on board thereof the ship Nightingale, her tackle, apparel and the goods and effects found on board thereof.

N. B.-The above vessel lies at Union Stores, Brooklyn. Dated 25th day of June, 1861.

ROBT. MURRAY, U. S. Marshal.

E. DELAFIELD SMITH, U. S. District Attorney.

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RICHMOND, July 6, 1861.

ABRAHAM LINCOLN, President-and Commander-in-Chief of the Army and Navy of the United States.

SIR: Having learned that the schooner Savannah, a private armed vessel in the service and sailing under a commission issued by authority of the Confederate States of America, had been captured by one of the vessels forming the blockading squadron off Charleston Harbor I directed a proposition to be made to the officer commanding that squadron for an exchange of the officers and crew of the Savannah for prisoners of war held by this Government “according to number and rank.” To this proposition made on the 19th ultimo Captain Mercer, the officer in command of the blockading squadron, made answer on the same day that “the prisoners (referred to) are not on board of any of the vessels under my command.”

It now appears by statements made without contradiction in newspapers published in New York that the prisoners above mentioned were conveyed to that city, and have there been treated not as prisoners of war but as criminals-that they have been put in irons, confined in jail, brought before the courts of justice on charges of piracy and treason, and it is even rumored that they have been actually convicted of the offenses charged-for no other reason than that they bore arms in defense of the rights of this Government and under the authority of its commission.

I could not without grave discourtesy have made the newspaper statements above referred to the subject of this communication if the threat of treating as pirates the citizens of this Confederacy armed for its service on the high seas had not been contained in your proclamation* of April last. That proclamation, however, seems to afford a sufficient justification for considering these published statements as not devoid of probability.

It is the desire of this Government so to conduct the war now existing as to mitigate its horrors as far as may be possible, and with this intent its treatment of the prisoners captured by its forces has been marked by the greatest humanity and leniency consistent with public obligation. Some have been permitted to return home on parole-others to remain at large under similar condition within this Confederacy, and all have been furnished with rations for their subsistence such as are allowed to our own troops. It is only since the news has been received

To appear in Series III. {p.6} of the treatment of the prisoners taken on the Savannah that I have been compelled to withdraw these indulgences and to hold the prisoners taken by us in strict confinement.

A just regard to humanity and to the honor of this Government now requires me to state explicitly that painful as will be the necessity this Government will deal out to the prisoners held by it the same treatment and the same fate as shall be experienced by those captured in the Savannah; and if driven to the terrible necessity of retaliation by your execution of any of the officers or crew of the Savannah that retaliation will be extended so far as shall be requisite to secure the abandonment by you of a practice unknown to the warfare of civilized man and so barbarous as to disgrace the nation which shall be guilty of inaugurating it.

With this view and because it may not have reached you I now renew the proposition made to the commander of the blockading squadron to exchange for the prisoners taken on the Savannah an equal number of those now held by us according to rank.*

I am, sir, &c,

JEFFERSON DAVIS, President and Commander-in-Chief of the Army and Navy of the Confederate States of America.

* No answer to this letter found.

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Resolution adopted by the House of Representatives July 8, 1861.

Resolved, That the Secretary of War be directed to instruct the officers of the Army of the United States taking prisoners and releasing them upon their oath of allegiance to the United States to report their name and residence to him that they may be recorded in his Department.

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FLAG-SHIP MINNESOTA, Hampton Roads, July 10, 1861.

Brig. Gen. BENJAMIN HUGER, Commanding Forces at Norfolk, Va.

SIR: Contrary to all expectations, considering the courtesy with which I have always received flags of truce and communications from yourself, after having written you and which letter I am forced to believe reached its destination, the flag of truce which I ordered to proceed to Craney Island, or farther if permitted, to bring away Miss Segar was received with such hostile demonstrations as makes it imperative upon me to ask of you whether such reception as this flag of truce met with on Saturday, July 6, is to be continued, or is it the notice that you will allow no more communications?

That there may be no misunderstanding I ask the above questions, and to convince you of their propriety I inclose for your perusal a copy of the report made to me by the officer, Commander A. Ludlow Case, U. S. N., who by my order commanded the flag of truce and carried the note which I had the honor to write you.

I am again applied to this morning to send a flag of truce to be used for the accommodation of persons who want to go to Norfolk, residents of North Carolina, and I am forced to tell them the dangers we all run {p.7} in approaching your command. Nevertheless I am induced to comply with the request made to me and shall also take advantage of this flag of truce to renew the request contained in my letters of July 5 and 6 that Miss Segar may be sent to this point.

Respectfully, your obedient servant,

S. H. STRINGHAM, Flag-Officer, Atlantic Blockading Squadron.

[Inclosure.]

U. S. FLAG-SHIP MINNESOTA, Hampton Roads, July 6, 1861.

Flag-Officer S. H. STRINGHAM, Atlantic Blockading Squadron, Hampton Roads, Va.

SIR: I have the honor to report that in obedience to your orders I hoisted a flag of truce on board the steam tug Adriatic at 1 o’clock p.m. and proceeded toward Norfolk to communicate with General Huger as directed. When about a mile below the Craney Island beacon and after having passed the batteries on Sewall’s and Bush Points a shot was fined at the tug from Craney Island. It passed diagonally across the bow and struck within twenty feet. Had not the engine been stopped at the flash and the boat’s head turned a little to starboard the shot must I think have struck her.

I immediately ordered the tug anchored and left in the barge with Midshipman McCook to communicate with the boat which I supposed would meet me from Craney Island as it did when I was up with a flag of truce in May last, but I had not got more than three or four boat’s lengths from the tug when a second shot was fired at the barge which passed directly over and struck about thirty yards from her. My first impulse was to return immediately and report the circumstances to you, but my second led me to remain and ascertain if possible if the flag of truce had been fired on by order of General Huger or the commanding officer at Craney island.

Two officers came off in a boat from Craney Island, of whom I asked the name of the commanding officer at the island and if General Huger was still at Norfolk. The senior of the two (I did not learn their names) replied: “Colonel Richardson commands at Craney Island;” but he did not know anything of General Huger.

I then stated that I was the bearer of a flag of truce to General Huger, but before I could transact any business in relation to it I must first ascertain from them if General Huger or the commanding officer had ordered the flag of truce to be fired on; if so I had no further communication to make but should return and report the facts to you. The senior officer then stated that no such order had been given; the shot striking so near was accidental; he knew the flag of truce was coming up; had reported it to the commanding officer when the order was given to fire a shot to stop her. To this I replied: “A blank cartridge would have been all that was necessary and what was customary to stop a flag of truce.” To this he said something about not knowing what was customary.

I then gave him your letter to General Huger saying I would wait for an answer, at the same time asking him to give my compliments to the commanding officer and say his men fired well; it was good target practice. He replied: “The circumstance shall be reported to the commanding officer.” I also stated to him the difference in the reception of officers coming with flags of truce to us.

{p.8}

The officer left me at about 2.45 p.m. I remained until 6.45 p.m. and then left on my return without an answer from General Huger.

Two or three steamers communicated with Craney Island and Norfolk whilst we were at anchor.

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

A. LUDLOW CASE, Commander, U. S. Navy, and Fleet Captain.

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QUARTERMASTER-GENERAL’S OFFICE, Washington, July 12, 1861.

Hon. SIMON CAMERON, Secretary of War.

SIR: As in the conflict now commenced it is to be expected that the United States will have to take care of large numbers of prisoners of war I respectfully call your attention to the propriety of making some arrangements in time. At present persons arrested on suspicion of disloyalty are kept in the common jail of Washington. I am endeavoring to procure some building here more suitable for their temporary safe-keeping. Prisoners of war are entitled to proper accommodations, to courteous and respectful treatment, to one ration a day and to consideration according to rank. Heretofore when the Government has had prisoners to care for a commissary of prisoners has been appointed. He keeps the muster-list of prisoners, negotiates exchanges according to the cartel, sends funds to the commissary of the enemy for use of our friends in their power, and should be an accomplished gentleman, as his office is of high power and importance.

General John Mason, of Virginia, father of the ex-United States Senator, was commissary of prisoners for the United States during the last war. Mr. Barclay, father of Mr. Harry Barclay, and the British consul at New York, was the British commissary of prisoners.

The provost-marshal is the chief superintending keeper of prisoners, but in rank and position the commissary of prisoners is much higher than the provost-marshal. Large sums of money may pass through the hands of the commissary of prisoners. The negotiation of exchange of prisoners is important. A lieutenant-colonel has been exchanged for a captain and ten privates; a general for a certain number of other officers. Knowledge of military law and custom is needed in order not to offend by errors of ignorance in treating these delicate questions.

I respectfully recommend that some person be designated as commissary of prisoners, and charged with the care of the prisoners now in our hands and preparations for those likely to fall into our possession. I also recommend that one of the islands off Sandusky, known as the Put-in-Bay Islands of Lake Erie, be rented as a depot and place of confinement for prisoners of war. Arrangements should be at once made for their accommodation to avoid great embarrassment when they begin to come in.

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

M. C. MEIGS, Quartermaster-General.

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Resolution adopted by the House of Representatives July 13, 1861.

Resolved That the President of the United States at the beginning of the next session of Congress or at this session if compatible with {p.9} the public service communicate to this House all correspondence with the English, French, Spanish and other Governments with reference to the right of blockade, privateering and the recognition of the so-called Confederate States.

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BEVERLY, VA., July 13, 1861.

Col. E. D. TOWNSEND:

Have received from Pegram proposition for surrender with his officers and remnant of his command, say 600 men. Have accepted surrender agreeing to treat them with the kindness due prisoners of war, but stating that it was not in my power to relieve them from any liability incurred by taking arms against the United States. They are said to be extremely penitent and determined never again to take arms against the General Government. I shall, have nearly 900 or 1,000 prisoners to take care of when Pegram comes in. The question is an embarrassing one. Please give me immediate instructions by telegraph as to the disposition to be made of officers and men taken prisoners of war. I recommend that course as in many instances calculated to produce an excellent effect upon the deluded masses of the rebels.

The latest accounts make the loss of the rebels in killed some 150.

G. B. MCCLELLAN, Major-General, U. S. Army.

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GENERAL ORDERS, No. 44.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, July 13, 1861.

I. In compliance with a resolution of the House of Representatives the Secretary of War directs that officers report to this office the names and residences of all prisoners that may be hereafter taken and released upon their oath of allegiance to the United States. In like manner officers will report the names and residences of all prisoners who have been taken and released upon their oath of allegiance to the United States previous to this date.

...

By order:

L. THOMAS, Adjutant-General.

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[JULY 13, 1861.-For reports, correspondence, &c., relating to the surrender of Lieut. Col. John Pegram at Rich Mountain, W. Va., see Series I, Vol. II, p. 193 et seq.]

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WASHINGTON, July 14, 1861.

Major-General MCCLELLAN, U. S. Army, Beverly, Va.:

You have the applause of all who are high in authority here.

Discharge all your prisoners of war under the grade of commissioned officers who shall willingly take and subscribe a general oath in these terms:

I swear (or affirm) that I will not take up arms against the United States or serve in any military capacity whatsoever against them until regularly discharged according to the usages of war from this obligation.

{p.10}

As to officers among your prisoners permit all to return to their homes who willingly sign a written general parole in these words:

We and each of us for himself severally pledge our words of honor as officers and gentlemen that we will not again take up arms against the United States nor serve in any military capacity whatsoever against them until regularly discharged according to the usages of war from this obligation.

But you will except from this privilege all officers among your prisoners who have recently been officers of the U. S. Army or Navy and who you may have reason to believe left either with the latent of bearing arms against the United States. The captured officers of this description you will send to Fort McHenry.

WINFIELD SCOTT.

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NAVY DEPARTMENT, Washington, July 15, 1861.

Lieut. E. G. PARROTT, Comdg. U. S. Brig Perry, Atlantic Blockading Squadron.

SIR: I received through Flag-Officer Stringham a copy of your report of the capture of the privateer Savannah by the U. S. Brig Perry under your command. The ability and energy displayed in overhauling under adverse circumstances and capturing the Savannah reflect credit on yourself and the officers and men under your command.

You will make known to the officers and crew of the Perry the Department’s admiration and appreciation of their services.

I am, respectfully, your obedient servant,

GIDEON WELLES, Secretary of the Navy.

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[JULY 15, 1861.-For correspondence between Maj. Gen. George B. McClellan, U. S. Army, and Bring. Gen. Henry B. Jackson, C. S. Army, regarding the disposition of Confederate prisoners in Western Virginia, &c., see Series I, Vol. 11, pp. 250-253.]

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HEADQUARTERS OF THE ARMY, Washington, July 15, 1861.

Major-General BANKS, U. S. Army, Commanding Department of Annapolis, Baltimore, Md.

SIR: The General-in-Chief directs me to say that Major-General McClellan by several recent victories has taken a large number of prisoners. He has been instructed to release the privates who will take an oath and the officers who will give a parole not to serve against the United States unless regularly released from their obligation. The officers, however, who are known or supposed to have recently resigned from the Army or Navy of the United States with the intention of entering the ranks of the rebels are to be sent prisoners to Fort McHenry.

After the arrival of these prisoners the general desires you to send then together with Marshal Kane and the police commissioners who are in arrest and such political prisoners as may not be under indictment by the civil authority to Fort Lafayette, harbor of New York, in an armed steamer and under a sufficient guard. A permanent guard will be ordered to the fort in time to receive the prisoners.

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

E. D. TOWNSEND, Assistant Adjutant-General.

{p.11}

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HEADQUARTERS, July 17, 1861.

Major-General BANKS, U. S. Army, Commanding Department of Annapolis, Baltimore, Md.

SIR: Your letter of the 13th instant* has been submitted to the General-in-Chief, who directs me to say he is of opinion that the prisoners for piracy must be tried in the district where they were first placed in confinement, and that if indicted they cannot be removed beyond Baltimore. Only those not already indicted can be sent to New York Harbor, and if any of those should be hereafter indicted they will have to be returned. ...

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

E. D. TOWNSEND, Assistant Adjutant-General.

* See Vol. I, this Series, p. 586.

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SPECIAL ORDERS, No. 107.}

HDQRS. DEPT. OF PENNSYLVANIA, Charlestown, Va., July 19, 1861.

...

III. The prisoners taken in arms against the United States and all others in charge of the provost-guard in Charlestown will be delivered to the commander of the Second Regiment Pennsylvania Volunteers, who will then turn them over to the commanding officer at Harper’s Ferry. The names and offenses of the prisoners will be sent with them.

By order of Major-General Patterson:

F. J. PORTER, Assistant Adjutant General.

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OFFICE OF ALGERNON S. SULLIVAN, ATTORNEY AT LAW, No. 59 William Street, New York, July 19, 1861.

J. B. TUCKER, Esq., [Richmond, Va.]

DEAR SIR: Your letter was duly delivered to me, In pursuance of it I appeared for Captain Baker and the other privateers, and also have associated James T. Brady with me. I must explain that this difference from my first suggestion and your suggestion also arose from the fact that Mr. O’Conor had, on account of his health and also because he felt that just now the views entertained by him might render the cause itself harm rather than benefit in court, declined to accept a retainer for the defendants. This was on application of some Southerners who reside here. It was communicated to me and under the larger discretion given by your letter I retained Mr. Brady.

He enters upon the case readily and zealously and I have no doubt his argument will prove satisfactory to us all, although none of the attorneys in the case will be prepared to take openly as I will the broad ground that Captain Baker and his crew were not citizens of the United States on the 3d of June, 1861 (the date of their alleged offense and capture), and consequently are not amenable to the Statute 1790, Chapter XXXV, Paragraph 9.

I send you a copy of the indictment. You will observe that it is framed so as to include a charge of piracy in general and also specifically in the fifth and other counts, viz, under Paragraph 9, alleging citizenship in the defendants and also in the persons who were on the bug Joseph, the prize taken by privateer. Our only difficulty at present is a practical one; the case will not be tried until September.

{p.12}

As the Confederate States of America is a Government not yet acknowledged, we must by parol evidence authenticate the letter of marque and the Government seal, and also by parol prove the acts of secession, the formation of the Confederate Government, the adherence of South Carolina to the Confederate States of America and the enactment of the law for the recognition of war and authorizing letters of marque, &c. I will have to obtain this evidence through the aid of yourself, or of some one connected with the departments at Richmond.* I think it will be desirable also in order to prove compliance with the laws of war and privateering by the defendants to show that after capture the Joseph was sent into port as a prize and regularly libeled and condemned by the admiralty court. It will be well to exclude any idea that the acts of the privateers were characterized animo furandi. We will try the case before Judge Nelson who has intimated to us that he will hold the next circuit in person. This is favorable to us.

At the moment of writing we are in painful suspense as to the situation of affairs at Manassas Gap or Junction. We have only heard that McDowell’s advance was checked at Bull Run. Before the receipt of this the battle will have been fought. I tremble with a mixture of hope and anxiety. How nobly does Mr. Toombs’ circular in reference to the treatment of prisoners of war contrast with that which is extended to the privateers!

Captain Baker forwarded to the Secretary of State his report of his cruise and capture. I assured him he need have no fear. His Government would take care of his interests because her own honor would prompt her to protect her subjects and sailors. I do not think they have any personal fear as to the final result.

The Brick Presbyterian Church here has virtually driven Reverend Mr. Hoge away from the charge because he would not preach and pray Republican politics. Mr. Hoge has behaved nobly as a Christian minister and an independent, high-minded gentleman. A large body in his church will ever regret his departure, and they approve his course throughout.

Yours, most truly,

ALGERNON S. SULLIVAN.

* See Benjamin to Browne, August 3, 1861, p 699.

[Inclosure.]

Copy of the indictment of the Confederate privateersmen.

CIRCUIT COURT OF THE UNITED STATES OF AMERICA FOR THE SOUTHERN DISTRICT OF NEW YORK, IN THE SECOND CIRCUIT.

At a stated term of the circuit court of the United States of America for the southern district of New York, in the second circuit, begun and held at the city of New York, within and for the district and circuit aforesaid, on the first Monday of April, A. D. 1861, and continued by adjournments to the 26th day of June in the year last aforesaid.

SOUTHERN DISTRICT OF NEW YORK, ss:

The jurors of the United States of America, within and for the district and circuit aforesaid, on their oath present:

That Thomas Harrison Baker, late of the city and county of New York, in the district and circuit aforesaid, mariner, and John Harleston, late of the same place, mariner, Charles Sidney Passailaigue, late of the same {p.13} place, mariner, Henry Cashman Howard, late of the same place, mariner, Joseph Cruz del Cano, late of the same place, mariner, Henry Oman, late of the same place, mariner, Patrick Daly, late of the same place, mariner, William Charles Clark, late of the same place, mariner, Albert Gallatin Ferris, late of the same place, mariner, Richard Palmer, late of the same place, mariner, John Murphy, late of the same place, mariner, Alexander Carter Coid, late of the same place, mariner, and Martin Galvin, late of the same place, mariner, on the 3d day of June, A. D. 1861, upon the high seas out of the jurisdiction of any particular State and within the admiralty and maritime jurisdiction of the said United States of America and within the jurisdiction of this court, did with force and arms piratically, feloniously and violently set upon, board, break and enter a certain vessel, to wit, a brig called the Joseph, the same being then and there owned in whole or in part by a citizen or citizens of the United States of America whose name or names are to the jurors aforesaid unknown, and did then and there in and on board of the said brig, the Joseph, in and upon one Thies N. Meyer, then and there being a mariner, and then and there one of the ship’s company of the said brig, the Joseph, and then and there master and commander thereof, and in and upon Horace W. Bridges, Albert Nash, William H. Clanning, John J. Merritt, John Quin and Joseph H. Golden, each then and there being a mariner and one of the ship’s company of the said brig, the Joseph, piratically, feloniously and violently make an assault, and them did then and there piratically, feloniously and violently put in personal fear and danger of their lives, and did then and there the brig, the said Joseph, of the value of $3,000, and the tackle, apparel and furniture thereof of the value of $500, and 250 hogsheads of sugar of the value of $100 each hogshead of the goods, chattels and personal property of certain persons whose names are to the jurors aforesaid unknown, the said 250 hogsheads of sugar being then and there in and on board of the said brig and being then and there the lading thereof, and the said brig, the tackle, apparel and furniture thereof and the said 250 hogsheads of sugar being then and there in the care, custody and possession of the said Thies N. Meyer, Horace W. Bridges, Albert Nash, William H. Clanning, John J. Merritt, John Quin and Joseph H. Golden, from the said Thies N. Meyer, Horace W. Bridges, Albert Nash, William H. Clanning, John J. Merritt, John Quin and Joseph H. Golden, and from their said possession, care and custody, and in their presence and against their will, violently, piratically and feloniously seize, rob, steal, take and carry away against the form of the statute of the said United States of America in such cane made and provided, and against the peace of the said United States and their dignity.

Second count.-And the jurors aforesaid upon their oath aforesaid do further present: That Thomas Harrison Baker, late of the city and county of New York, in the district and circuit aforesaid, mariner, and John Harleston, late of the same place, mariner, Charles Sidney Passailaigue, late of the same place, mariner, Henry Cashman Howard, late of the same place, mariner, Joseph Cruz del Cano, late of the same place, mariner, Henry Oman, late of the same place, mariner, Patrick Daly, late of the same place, mariner, William Charles Clark, late of the same place, mariner, Albert Gallatin Ferris, late of the same place, mariner, Richard Palmer, late of the same place, mariner, John Murphy, late of the same place, mariner, Alexander Carter Coid, late of the same place, mariner, and Martin Galvin, late of the same place, mariner, on the 3d day of June, A. D. 1861, upon the high seas out of the jurisdiction of any particular State and within the admiralty and {p.14} maritime jurisdiction of the said United States of America and within the jurisdiction of this court, did with force and arms piratically, feloniously and violently set upon, board, break and enter a certain American vessel, to wit, a brig called the Joseph, the same then and there being owned in part by George H. Cables, John Cables and Stephen Hatch, then citizens of the United States of America, and did then and there in and on board of the said brig, the Joseph, in and upon one Thies N. Meyer, then and there being a mariner and one of the ship’s company of the said brig, the Joseph, and master and commander thereof and in and upon divers other persons, each then and there being a mariner and one of the ship’s company of the said brig, the Joseph, whose names are to the jurors aforesaid unknown, piratically, feloniously and violently make an assault, and them did then and there piratically, feloniously and violently put in bodily fear and danger of their lives, and did then and there the said brig, the said Joseph, of the value of $3,000 and the tackle, apparel and furniture of the same of the value of $500 of the goods, chattels and personal property of George H. Cables, John Cables and Stephen Hatch, citizens of the United States of America, and 250 hogsheads of sugar of the value of $100 each hogshead, of the goods, chattels and personal property of one Morales, whose Christian name is to the jurors aforesaid unknown, the said sugar being then and there in and on board of the said brig, the Joseph, and being then and there the lading thereof, and the said brig and the tackle, apparel and furniture thereof and the said 250 hogsheads of sugar then and there being in the care, custody and possession of the said Thies N. Meyer and the said divers other persons, mariners as aforesaid and of the ship’s company of the said brig, the said Joseph, and whose names are to the jurors aforesaid unknown, from the said Thies N. Meyer and the said divers other persons, mariners aforesaid and of the ship’s company of the said brig, the Joseph, whose names are as aforesaid to the jurors aforesaid unknown, and from their care, custody and possession and in their presence and against their will piratically, feloniously and violently rob, seize, steal, take and carry away, against the form of the statute of the said United States of America in such case made and provided and against the peace of the said United States and their dignity.

Third count.-And the jurors aforesaid upon their oath aforesaid do further present: That Thomas Harrison Baker, late of the city and county of New York, in the district and circuit aforesaid, mariner, and John Harleston, late of the same place, mariner, Charles Sidney Passailaigue, late of the same place, mariner, Henry Cashman Howard, late of the same place, mariner, Joseph Cruz del Cano, late of the same place, mariner, Henry Oman, late of the same place, mariner, Patrick Daly, late of the same place, mariner, William Charles Clark, late of the same place, mariner, Albert Gallatin Ferris, late of the same place, mariner, Richard Palmer, late of the same place, mariner, John Murphy, late of the same place, mariner, Alexander Carter Coid, late of the same place, mariner, and Martin Galvin, late of the same place, mariner, on the 3d day of June, A. D. 1861, upon the high seas out of the jurisdiction of any particular State and within the admiralty and maritime jurisdiction of the said United States of America and within the jurisdiction of this court, did with force and arms piratically, feloniously and violently set upon, board, break and enter a certain vessel, to wit, a brig called the Joseph, then and there being owned by certain persons, citizens of the United States of America, to wit: George H. Cables, John Cables and Stephen Hatch, of Rockland, in the State of Maine, and in and upon certain divers persons whose names are to the {p.15} jurors aforesaid unknown, the said last-mentioned persons each being then and there a mariner and of the ship’s company of the said brig called the Joseph, and then and there being in and on board of the said brig, the Joseph, did then and there piratically, feloniously and violently make an assault, and them did then and there piratically, feloniously and violently put in bodily fear and the said brig, the Joseph, of the value of $3,000, the apparel, tackle and furniture thereof of the value of $500 of the goods and chattels and personal property of the said George H. Cables, John Cables and Stephen Hatch, and 250 hogsheads of sugar of the value of $100 each hogshead of the goods, chattels and personal property of one Thies N. Meyer, from the said divers persons, mariners as aforesaid, whose names are to the jurors aforesaid unknown, in their presence then and there and against their will did then and there piratically, feloniously and violently seize, rob, steal, take and carry away against the form of the statute of the said United States of America in such case made and provided and against the peace of the said United States and their dignity.

Fourth count.-And the jurors aforesaid upon their oath aforesaid do further present: That Thomas Harrison Baker, late of the city and county of New York, in the district and circuit aforesaid, mariner, and John Harleston, late of the same place, mariner, Charles Sidney Passailaigue, late of the same place, mariner, Henry Cashman Howard, late of the same place, mariner, Joseph Cruz del Cano, late of the same place, mariner, Henry Oman, late of the same place, mariner, Patrick Daly, late of the same place, mariner, William Charles Clark, late of the same place, mariner, Albert Gallatin Ferris, late of the same place, mariner, Richard Palmer, late of the same place, mariner, John Murphy, late of the same place, mariner, Alexander Carter Coid, late of the same place, mariner, and Martin Galvin, late of the same place, mariner, on the 3d day of June, A. D. 1861, upon the high seas out of the jurisdiction of any particular State and within the admiralty and maritime jurisdiction of the said United States of America and within the jurisdiction of this court, did with force and arms piratically, feloniously and violently set upon, board, break and enter a certain vessel then and there being, to wit, a brig called the Joseph, and in and upon one Thies N. Meyer, then and there being in and on board of the said brig and being a mariner and master and commander of the said brig, and the said Thies N. Meyer then and there being a citizen of the United States of America, did then and there piratically, feloniously and violently make an assault, and him, the said Thies N. Meyer, did then and there piratically, feloniously and violently put in great bodily fear, and the said brig, the Joseph, of the value of $3,000, and the tackle, apparel and furniture thereof of the value of $500, and 250 hogsheads of sugar of the value of $100 each hogshead, the same then and there being of the lading of the said brig, of the goods, chattels and personal property of the said Thies N. Meyer, in his presence and against his will did violently, feloniously and piratically rob, steal, seize, take and carry away against the form of the statute of the said United States of America in such case made and provided and against the peace of the said United States and their dignity.

Fifth count.-And the jurors aforesaid upon their oath aforesaid do further present: That Thomas Harrison Baker, late of the city and county of New York, in the district and circuit aforesaid, mariner, and John Harleston, late of the same place, mariner, Charles Sidney Passailaigue, late of the same place, mariner, Henry Cashman Howard, late of the same place, mariner, Joseph Cruz del Cano, late of the {p.16} same place, mariner, Henry Oman, late of the same place, mariner, Patrick Daly, late of the same place, mariner, William Charles Clark, late of the same place, mariner, Albert Gallatin Ferris, late of the same place, mariner, Richard Palmer, late of the same place, mariner, John Murphy, late of the same place, mariner, Alexander Carter Coid, late of the same place, mariner, and Martin Galvin, late of the same place, mariner, each being a citizen of the United States of America, on the 3d day of June, A. D. 1861, upon the high seas out of the jurisdiction of any particular State and within the admiralty and maritime jurisdiction of the United States of America and within the jurisdiction of this court, in and upon one Thies N. Meyer then and there being, the said Thies N. Meyer then and there being a citizen of the said United States, and he, the said Thies N. Meyer, then and there being in and on board of a certain American vessel of the United States of America, to wit, a brig called the Joseph, and the said brig then and there being on the high seas as aforesaid, did piratically, feloniously and violently make an assault and him, the said Thies N. Meyer, did piratically, feloniously and violently then and there put in bodily fear, and the said brig, the Joseph, of the value of $3,000, the tackle, apparel and furniture of the same of the value of $500, and 250 hogsheads of sugar of the value of $100 each hogshead of the goods, chattels and personal property of the said Thies N. Meyer, from the said Thies N. Meyer, and in his presence and against his will did piratically, feloniously and violently seize, rob, steal, take and carry away against the form of the statute of the said United States of America in such case made and provided and against the peace of the said United States and their dignity.

Sixth count.-And the jurors aforesaid upon their oath aforesaid do further present: That Thomas Harrison Baker, late of the city and county of New York, in the district and circuit aforesaid, mariner, and John Harleston, late of the same place, mariner, Charles Sidney Passailaigue, late of the same place, mariner, Henry Cashman Howard, late of the same place, mariner, Joseph Cruz del Cano, late of the same place, mariner, Henry Oman, late of the same place, mariner, Patrick Daly, late of the same place, mariner, William Charles Clark, late of the same place mariner, Albert Gallatin Ferris, late of the same place, mariner, Richard Palmer, late of the same place, mariner, John Murphy, late of the same place, mariner, Alexander Carter Coid, late of the same place, mariner, and Martin Galvin, late of the same place, mariner, on the 3d day of June, A. D. 1861, upon the high seas out of the jurisdiction of any particular State and within the admiralty and maritime jurisdiction of the said United States of America and within the jurisdiction of this court, each then and there being a citizen of the said United States of America, did on pretense of authority from a person, to wit, one Jefferson Davis, with force and arms piratically, feloniously and violently set upon, board, break and enter a certain vessel, to wit, a brig called the Joseph, the same being then and there owned in whole or in part by a citizen or citizens of the United States of America whose name or names are to the jurors aforesaid unknown, and did on pretense of authority from a person, to wit, one Jefferson Davis, then and there in and on board of the said brig, the Joseph, in and upon one Thies N. Meyer, then and there being a mariner and then and there one of the ship’s company of the said brig, the Joseph, and then and there master and commander thereof, and in and upon Horace W. Bridges, Albert Nash, William H. Clanning, John J. Merritt, John Quin and Joseph H. Golden, each then and there being a mariner and one of the ship’s company of the said brig, the Joseph, piratically, feloniously and violently make an assault, and them did on pretense of {p.17} authority from a person, to wit, one Jefferson Davis, then and there piratically, feloniously and violently put in personal fear and danger of their lives, and did on pretense of authority from a person, to wit, one Jefferson Davis, then and there, the brig, the said Joseph, of the value of $3,000, and the tackle, apparel and furniture thereof of the value of $500, and 250 hogsheads of sugar of the value of $100 each hogshead of the goods, chattels and personal property of certain persons whose names are to the jurors aforesaid unknown, the said 250 hogsheads of sugar being then and there in and on board of the said brig and being then and there the lading thereof; and the said brig, the tackle, apparel and furniture thereof and the said 250 hogsheads of sugar being then and there in the care, custody and possession of the said. Thies N. Meyer, Horace W. Bridges, Albert Nash, William H. Clanning, John J. Merritt, John Quin and Joseph H. Golden, from the said Thies N. Meyer, Horace W. Bridges, Albert Nash, William H. Clanning, John J. Merritt, John Quin and Joseph H. Golden and from their said possession, care and custody, and in their presence and against their will, violently, piratically and feloniously seize, rob, steal, take and carry away against the form of the statute of the said United Stated of America in such case made and provided and against the peace of the said United States and their dignity.

Seventh count.-And the jurors aforesaid, upon their oath aforesaid, do further present: That Thomas Harrison Baker, late of the city and county of New York, in the district and circuit aforesaid, mariner, and John Harleston, late of the same place, mariner, Charles Sidney Passailaigue, late of the same place, mariner, Henry Cashman Howard, late of the same place, mariner, Joseph Cruz del Cano, late of the same place, mariner, Henry Oman, late of the same place, mariner, Patrick Daly, late of the same place, mariner, William Charles Clark, late of the same place, mariner, Albert Gallatin Ferris, late of the same place, mariner, Richard Palmer, late of the same place, mariner John Murphy, late of the same place, mariner, Alexander Carter Coid, late of the same place, mariner, and Martin Galvin, late of the same place, mariner, on the 3d day of June, A. D. 1861, upon the high seas out of the jurisdiction of any particular State and within the admiralty and maritime jurisdiction of the said United States of America and within the jurisdiction of this court, each then and there being a citizen of the said United States of America, did on pretense of authority from a person, to wit, one Jefferson Davis, with force and arms piratically, feloniously and violently set upon, board, break and enter a certain American vessel, to wit, a brig called the Joseph, the same then and there being owned in part by George H. Cables, John Cables and Stephen Hatch, then citizens of the United States of America, and did on pretense of authority from a person, to wit, one Jefferson Davis, then and there in and on board of the said brig, the Joseph, in and upon one Thies N. Meyer, then and there being a mariner and one of the ship’s company of the said brig, the Joseph, and master and commander thereof, and in and upon divers other persons, each then and there being a mariner and one of the ship’s company of the said brig, the Joseph, whose names are to the jurors aforesaid unknown, piratically, feloniously and violently make an assault, and them did on pretense of authority from a person, to wit, one Jefferson Davis, then and there piratically, feloniously and violently put in bodily fear and danger of their lives, and did on pretense of authority from a person, to wit, one Jefferson Davis, then and there the said brig, the said Joseph, of the value of $3,000, and the tackle, apparel and furniture of the same {p.18} of the value of $500 of the goods, chattels and personal property of George H. Cables, John Cables and Stephen Hatch, citizens of the United States of America, and 250 hogsheads of sugar of the value of $100 each hogshead of the goods, chattels and personal property of one Morales, whose Christian name is to the jurors aforesaid unknown, the said sugar being then and there in and on board of the said brig, the Joseph, and being then and there the lading thereof, and the said brig, and the tackle, apparel and furniture thereof; and the said 250 hogsheads of sugar, then and there being in the care, custody and possession of the said Thies N. Meyer and the said divers other persons, mariners as aforesaid, and of the ship’s company of the said brig, the Joseph, and whose names are to the jurors aforesaid unknown, from the said Thies N. Meyer and the said divers other persons, mariners as aforesaid, and of the ship’s company of the said brig, the Joseph, whose names are as aforesaid to the jurors aforesaid unknown, and from their care, custody and possession and in their presence and against their will piratically, feloniously and violently rob, seize, steal, take and carry away against the form of the statute of the said United States of America in such case made and provided and against the peace of the sand United States and their dignity.

Eighth count.-And the jurors aforesaid upon their oath aforesaid do further present: That Thomas Harrison Baker, late of the city and county of New York, in the district and circuit aforesaid, mariner, and John Harleston, late of the same place, mariner, Charles Sidney Passailaigue, late of the same place, mariner, Henry Cashman Howard, late of the same place, mariner, Joseph Cruz del Cano, late of the same place, mariner, Henry Oman, late of the same place, mariner, Patrick Daly, late of the same place, mariner, William Charles Clark, late of the same place, mariner, Albert Gallatin Ferris, late of the same place, mariner, Richard Palmer, late of the same place, mariner, John Murphy, late of the same place, mariner, Alexander Carter Coid, late of the same place, mariner, and Martin Galvin; late of the same place, mariner, on the 3d day of June, A. D. 1861, upon the high seas out of the jurisdiction of any particular State and within the admiralty and maritime jurisdiction of the said United States of America and within the jurisdiction of this court, each then and there being a citizen of the said United States of America, did on pretense of authority from a person, to wit, one Jefferson Davis, with force and arms piratically, feloniously and violently set upon, board, break and enter a certain vessel, to wit, a brig called the Joseph, then and there being owned by certain persons, citizens of the United states of America, to wit, George H. Cables, John Cables and Stephen Hatch, of Rockland, in the State of Maine, and in and upon certain divers persons whose names are to the jurors aforesaid unknown, the said last-mentioned persons each being then and there a mariner and of the ship’s company of the said brig called the Joseph, and then and there being in and on board of the said brig, the Joseph, did on pretense of authority from a person, to wit, one Jefferson Davis, then and there piratically, feloniously and violently make an assault, and then did on pretense of authority from a person, to wit, one Jefferson Davis, then and there piratically, feloniously and violently put in bodily fear, and the said brig, the Joseph, of the value of $3,000, and the apparel, tackle and furniture thereof of the value of $500 of the goods, chattels and personal property of the said George H. Cables, John Cables and Stephen Hatch, and 250 hogsheads of sugar of the value of $100 each hogshead of the goods, chattels and personal property of one Thies N. Meyer, from the said divers persons, {p.19} mariners as aforesaid, whose names are to the jurors aforesaid unknown, in their presence then and there and against their will did on pretense of authority from a person, to wit, one Jefferson Davis, then and there piratically, feloniously and violently seize, rob, steal, take and carry away against the form of the statute of the said United States of America in such case made and provided and against the peace of the said United States and their dignity.

Ninth count.-And the jurors aforesaid upon their oath aforesaid do further present: That Thomas Harrison Baker, late of the city and county of New York, in the district and circuit aforesaid, mariner, and John Harleston, late of the same place, mariner, Charles Sidney Passailaigue, late of the same place, mariner, Henry Cashman Howard, late of the same place, mariner, Joseph Cruz del Cano, late of the same place, mariner, Henry Oman, late of the same place, mariner, Patrick Daly, late of the same place, mariner, William Charles Clark, late of the same place, mariner, Albert Gallatin Ferris, late of the same place, mariner, Richard Palmer, late of the same place, mariner, John Murphy, late of the same place, mariner, Alexander Carter Coid, late of the same place, mariner, and Martin Galvin, late of the same place, mariner, on the 3d day of June, A. D 1861, upon the high seas out of the jurisdiction of any particular State and within the admiralty and maritime jurisdiction of the said United States of America and within the jurisdiction of this court, each then and there being a citizen of the said United States of America, did on pretense of authority from a person, to wit, one Jefferson Davis, with force and arms piratically, feloniously and violently set upon, board, break and enter a certain vessel then and there being, to wit, a brig called the Joseph, and in and upon one Thies N. Meyer, then and there being in and on board of the said brig and being a mariner and master and commander of the said brig and the said Thies N. Meyer then and there being a citizen of the United States of America, did on pretense of authority from a person, to wit, one Jefferson Davis, then and there piratically, feloniously and violently make aim assault, and him, the said Thies N. Meyer, did on pretense of authority from a person, to wit, one Jefferson Davis, then and there piratically, feloniously and violently put in great bodily fear, and the said brig, the Joseph of the value of $3,000, and the tackle, apparel and furniture thereof of the value of $500, and 250 hogsheads of sugar of the value of $100 each hogshead, the same then and there being of the lading of the said brig of the goods, chattels and personal property of the said Thies N. Meyer, in his presence and against his will did on pretense of authority from a person, to wit, one Jefferson Davis, violently, feloniously and piratically rob, steal, seize, take and carry away against the form of the statute of the said United States of America in such case made and provided and against the peace of the said United States and their dignity.

Tenth count.-And the jurors aforesaid upon their oath aforesaid do further present: That Thomas Harrison Baker, late of the city and county of New York, in the district and circuit aforesaid, mariner, and John Harleston, late of the same place, mariner, Charles Sydney Passailaigue, late of the same place, mariner, Henry Cashman Howard, late of the same place, mariner, Joseph Cruz del Cano, late of the same place, mariner, Henry Oman, late of the same place, mariner, Patrick Daly, late of the same place, mariner, William Charles Clark, late of the same place, mariner, Albert Gallatin Ferris, late of the same place, mariner, Richard Palmer, late of the same place, mariner, John Murphy, late of the same place, mariner, Alexander Carter Coid, late of {p.20} the same place, mariner, and Martin Galvin, late of the same place, mariner, each being a citizen of the United States of America, on the 3d day of June, A. D. 1861, upon the high seas out of the jurisdiction of any particular State and within the admiralty and maritime jurisdiction of the United States of America and within the jurisdiction of this court, in and upon one Thies N. Meyer then and there being, The said Thies N. Meyer then and there being a citizen of the said United States, and he, the said Thies N. Meyer, then and there being in and on board of a certain American vessel of the United States of America, to wit, a brig called the Joseph, and the same brig then and there being on the high seas as aforesaid did on pretense of authority from a person, to wit, one Jefferson Davis, piratically, feloniously and violently make an assault, and him, the said Thies N. Meyer, did on pretense of authority from a person, to wit, one Jefferson Davis, piratically, feloniously and violently then and there put in bodily fear, and the said brig, the Joseph, of the value of $3,000, the tackle, apparel and furniture of the same of the value of $500, and 250 hogsheads of sugar of the value of $100 each hogshead of the goods, chattels and personal property of the said Thies N. Meyer, from the said Thies N. Meyer and in his presence and against his will did on pretense of authority from a person, to wit, one Jefferson Davis, piratically, feloniously and violently seize, rob, steal, take and carry away against the form of the statute of the said United States of America in such case made and provided and against the peace of the said United States and their dignity.

Eleventh and final count.-And the jurors aforesaid on their oath aforesaid do further present: That the southern district of New York in the second circuit is the district and circuit in which the said Thomas Harrison Baker, John Harleston, Charles Sidney Passailaigue, Henry Cashman Howard, Joseph Cruz del Cano, Henry Oman, Patrick Daly, William Charles Clark, Albert Gallatin Ferris, Richard Palmer, John Murphy, Alexander Carter Coid and Martin Galvin were brought and in which they were found, and is the district and circuit where they were apprehended and into which they were first brought for the said offense.*

E. DELAFIELD SMITH, Attorney of the United States for the Southern District of New York.

* The defendants were tried on this indictment at the October term of the U. S. circuit court for the southern district of New York, beginning on the 23d day of the month. After hearing the testimony, arguments of counsel and charge of the court, on the eighth day, viz, October 31, 1861, the jury came in and reported a disagreement and were discharged. Before a new trial could be had the United States Government had formally agreed with the Confederate Government to treat privateersmen as regular combatants, and these men were subsequently exchanged under the cartel.-COMPILER.

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OFFICE OF ALGERNON S. SULLIVAN, ATTORNEY AT LAW, No. 59 William Street, New York, July 22, 1861.

[J. H. TUCKER, Esq., Richmond, Va.]

DEAR SIR: I inclose another newspaper slip with news of the capture of some of the crew of the Sumter. I have appeared for them. There is a very vindictive feeling here against the privateers. The merchants are in constant alarm about their ships and cargoes and they would try rash and cruel expedients to relieve themselves from the danger. I do not think the Government would be so impolitic as to execute any of them even if they shall be convicted. Retaliation {p.21} would be so certain that they would not venture to embark on such a course. We learn from the synopsis of President Davis’ message * that he has taken steps already to bring the case of the prisoners to the notice of the United States Government. This morning the newspapers are filled with exultant accounts of the defeat of General Beauregard at Bull Run yesterday. We are yet in doubt about the correctness of the version. The truth is our newspapers do not give us reliable news when it is unfavorable to their side.

Yours, truly,

ALGERNON S. SULLIVAN.

P. S.-The news has just come that the U. S. troops were repulsed and are in retreat on Washington. Excitement immense here.

* See extract from message, p. 692.

[Inclosure.]

The privateer Sumter-Arrest of five of her crew.

This morning two of the crew of the privateer Sumter arrived at this port by the Costa Rica, Captain Peel, from Aspinwall. Their names are Henry Spencer and John Davison. The former is an Englishman aged thirty-eight years, and the latter a Scotchman aged twenty-five. They state that they embarked on board the Sumter to avoid starvation in New Orleans and that they intended to run away whenever an opportunity presented. The Sumter left New Orleans on June 30. The U. S. S. Brooklyn was heading in and gave the Sumter chase, but the latter being a very fast sailer escaped her.

The captain of the Sumter is named Semms [Semmes]; the first lieutenant Carl [Kell]. They had a crew of 120 men, a portion of whom, some fifteen or twenty in number, were Northern men who desired to escape when the chance offered. The crew was composed of all nationalities but the men were not enthusiastic in the Southern cause. The officers are desperate characters. The Sumter carried five guns, one 68-pounder and four 32-pounders, medium. She also had a large number of shells. On the 3d of July last she took her first prize, the Golden Rocket, of Bangor, which was subsequently burned. On the 4th of July she captured the brigs Machias and Cuba off Cienfuegos. A prize crew consisting of two marines and Spencer and Davison, the prisoners, were put on board, Lieutenant Hudgins acting as prize master. They had orders to lay off and on Cienfuegos while the Sumter towed the Machias. The midshipman did not seem to understand his position and the men having little heart for the work they were engaged in allowed the captain of the Cuba to recapture his vessel. While Spencer and Davison were asleep their arms were taken from them and they were placed in irons. Shortly afterwards the Cuba fell in with the Costa Rica and the captain of the former vessel not deeming it prudent to have so many of the privateersmen on board transferred Spencer and Davison to the Costa Rica and they were brought here as above stated. The midshipman and the two marines were kept on board the Cuba which was laden with a cargo of sugar and originally bound for London, but is now shaping her course for this port and is hourly expected to arrive. Spencer and Davison were brought to the U. S. marshal’s office this morning where they made statements substantially as above narrated. The necessary affidavit was made and upon application to one of the U. S. commissioners the prisoners were committed to await an examination.

{p.22}

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[JULY 27, 1861.–For reports, correspondence, &c., relating to the surrender of Union troops in New Mexico, see Vol. IV, Series I, p. 1, et seq.]

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Terms of surrender of U. S. troops to C. S. troops, July 27, 1861, San Augustine Springs, N. Mex.

The undersigned, Maj. I. Lynde, Seventh Infantry, U. S. Army, agrees to surrender his command on condition that they receive the treatment of prisoners of war, families secure from insult, private property to be respected.

Officers after giving their parole can elect which route they prefer in leaving the Department of New Mexico to go to any part of the United States.

The enlisted men of the command will be disarmed and given the liberty of the post of Fort Bliss until instructions can be received from General Van Dorn, C. S. Army, as to their future disposition.

To all which the commanding officer, J. R. Baylor, lieutenant-colonel, C. S. Army, agrees.

I. LYNDE, Major, Seventh Infantry. JOHN H. BAYLOR, Lieutenant-Colonel, Mounted Rifles, C. S. Army.

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Recapitulation of troops surrendered at San Augustine Springs, N. Mex., July 27, 1861.

Released on parole: 1 major, 2 assistant surgeons, 2 captains, 5 first lieutenants, 1 second lieutenant; total commissioned, 11: 1 sergeant-major, 1 quartermaster-sergeant, 1 principal musician, 23 sergeants, 22 corporals, 7 musicians, 344 privates; total enlisted, 399; aggregate, 410. In confinement as prisoners of war: 1 sergeant, 15 privates; total, 16. Deserted to the enemy: 1 hospital steward, 1 sergeant, 24 privates; total, 26.

Available for service not paroled: 2 sergeants, 3 corporals, 35 privates; total, 40.

J. H. POTTER, Captain, Seventh Infantry, Commanding.

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HEADQUARTERS OF CAVALRY, ARMY OF YORKTOWN, July 27, 1861.

ASST. ADJT. GEN. FOR GEN. B. F. BUTLER, Commanding Fortress Monroe.

SIR: By direction of the general commanding I send by the bearer, Captain Bryan, letters from officers of your command, prisoners of war. The object of these letters is to procure clothing and other necessaries for their comfort. If these articles are sent by Captain Bryan they will be at once forwarded to their owners. I have understood from the public prints that Lieut. Col. John Pegram, C. S. Army, was a {p.23} prisoner in confinement at Fortress Monroe. If this is true I will be much obliged if the general commanding will forward any letters Colonel Pegram may desire to send to his family in Richmond by the bearer. Captain Jenkins was considered out of danger by my surgeon when he was sent to Yorktown. Mr. Shurtleff’s wounds were very slight. I suppose it unnecessary to state that every care and attention was offered these gentlemen.

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

RO. JOHNSTON, Colonel, Commanding.

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EXECUTIVE MANSION, July 30, 1861.

To the SENATE OF THE UNITED STATES:

In answer to the resolution of the Senate* of the 23d instant requesting information concerning the imprisonment of Lieut. John J. Worden [John L. Worden], of the U. S. Navy, I transmit a report from the Secretary of the Navy.

ABRAHAM LINCOLN.

* Resolution omitted; substance stated in inclosure following. Lieutenant Worden had been detained in April. 1861, by the Confederate authorities at Montgomery on his return from Pensacola, to which point he had made a journey as a bearer of dispatches to Captain Adams, of the U. S. ship Sabine

[Inclosure.]

NAVY DEPARTMENT, July 29, 1861.

The PRESIDENT OF THE UNITED STATES:

The Secretary of the Navy, to whom was referred the resolution of the Senate of the 23d instant requesting the President of the United States to inform the Senate “under what circumstances Lieut. John J. Worden [John L. Worden], of the U. S. Navy, has been imprisoned at Montgomery, Ala.; whether he is still in prison, and whether any and if any what measures have been taken by the Government of the United States for his release,” has the honor to report that it is believed the communication of the information called for would not at this time comport with the public interest.

Respectfully submitted.

GIDEON WELLES.

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HEADQUARTERS ARMY OF THE POTOMAC, Manassas Junction, July 31, 1861.

Brig. Gen. IRVIN MCDOWELL, Commanding Department of Alexandria.

SIR: Information has been given me that two soldiers of the Army of the Confederate States whilst upon picket duty were hung near Centerville on the night of the 17th instant. The object of this communication is to ascertain the nature of the offense which required this ignominious punishment and upon what evidence the decision was based. If not done by your authority I must demand that the perpetrators of this violation of the usages of civilized warfare be delivered to me for such punishment as the nature of their offense demands, or be punished by yourself.

I have the honor to be, your obedient servant,

J. E. JOHNSTON, General, Commanding C. S. Forces.

{p.24}

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U. S. S. ALBATROSS, Hampton Roads, July 31, 1861.

Flag-Officer SILAS H. STRINGHAM, Atlantic Blockading Squadron, Hampton Roads.

SIR: I have the honor to report that in obedience to orders I proceeded on my cruise the 20th instant. ... On the 22d while off Hatteras Inlet I fell in with and recaptured the schooner Enchantress, of Newbury port, having on board a prize crew from the pirate vessel Jefferson Davis, which I have brought into port to be disposed of as you may think proper.

I am, respectfully, your obedient servant,

GEO. A. PRENTISS, Commander.

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HEADQUARTERS DEPARTMENT OF PENNSYLVANIA, Fort McHenry, Md., August 1, 1861.

Col. E. D. TOWNSEND, Assistant Adjutant-General, Headquarters of the Army.

COLONEL: Capt. Henry Wellmore, of the Confederate Army, was sent here by Major-General Banks, arriving the morning after the state prisoners were sent to Fort Lafayette. He is desirous of being released on his parole of honor not to serve against the United States during the war unless sooner exchanged. He mentioned to me in a conversation I have just had with him the reason why he did not wish to be discharged on parole while he was with General Banks He has never been in the Army of the United States and I recommend his release on the usual conditions. In that case I should be glad to receive the form of parole to be used. I find two or three here all varying from each other, and none administered to military prisoners.

I am, very respectfully, yours,

JOHN A. DIX, Major-General,. Commanding.

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HEADQUARTERS DEPARTMENT OF NORTHEAST VIRGINIA, Arlington, August 1, 1861.

General J. E. JOHNSTON, Commanding at Manassas, Va.

GENERAL: I have to acknowledge the receipt of your letter of the 31st ultimo by flag of truce. You state information has been given you that two of your soldiers whilst upon picket duty were hung near Centerville on the night of the 17th of July. This is certainly utterly without foundation, and should be classed with those rumors and accusations made against you as well as against me by people with overheated imaginations. It has as little truth as the charge generally believed here that you fired on our hospital knowing it to be such, and that your troops bayoneted all our wounded who fell into their hands, a charge I have not hesitated even against most positive direct evidence to put down as false.

I have never heard of the hanging of any man by the troops under my command and am confident not one has been hung. At the time you state, the evening of the l7th, we were not in possession of Centerville. All of your men who have fallen into my hands have been treated with every consideration of which their position admitted.

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

IRVIN MCDOWELL, Brigadier-General, Commanding.

{p.25}

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AUGUST 7 1861.

By the fifty-seventh article of the act of Congress entitled “An act for establishing rules and articles for the government of the Armies of the United States,” approved April 10, 1806-

holding correspondence with or giving intelligence to the enemy either directly or indirectly is made punishable by death or such other punishment as shall be ordered by the sentence of a court-martial. Public safety requires strict enforcement of this article.

It is therefore-

Ordered, That all correspondence and communication verbally or by writing, printing or telegraphing respecting operations of the Army or military movements on land or water or respecting the troops, camps, arsenals, intrenchments or military affairs within the several military districts, by which intelligence shall be directly or indirectly given to the enemy without the authority and sanction of the major-general in command, be and the same are absolutely prohibited, and from and after the date of this order persons violating the same will be proceeded against under the fifty-seventh article of war.

Approved:

A. LINCOLN.

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CHEAT MOUNTAIN PASS, August 7, 1861.

General ROSECRANS, Clarksburg:

This p.m. an officer bearing a flag of truce presented himself at the picket beyond Wagner’s camp. Not wishing him to come nearer than two miles even to see the valley I rode out and with several officers met him. He proved to be Major Lee and delivered the following:

HEADQUARTERS FORCES IN VIRGINlA, August 6, 1861.

GENERAL COMMANDING U. S. TROOPS, Huttonsville.

SIR: With a view of alleviating individual distress I have the honor to propose an exchange of prisoners. If you will cause to be forwarded a list of those in your hands including those placed on parole an equal number of U. S. troops, man for man of similar grade, will be sent to the point most convenient to their present abode. An exchange in this manner can be conveniently effected.

Very respectfully,

R. E. LEE, General, Commanding.

To which I replied as follows:

HEADQUARTERS NEAR HUTTONSVILLE, August 7, 1861.

Maj. Gen. R. E. LEE.

SIR: Your proposition inviting an exchange of prisoners is cheerfully acceded to.

A list of prisoners in our possession including those paroled will be delivered at the house in Tygart’s Valley where this note is written on the 9th instant.

Very respectfully,

J. J. REYNOLDS, Brigadier-General, Commanding.

And Major Lee was then conducted beyond our pickets without having been nearer our camp than two miles and a half. They propose to exchange Manassas prisoners for Rich Mountain paroled men. Now, first, is this action on my part approved; and secondly, can it be effected here? I have sent to Colonel Bosley for his list which I think is very defective. Shall our prisoners from Manassas be brought to us, {p.26} or request them sent somewhere else? General Lee seems not very far off but did not learn where. Our scouts brought in six prisoners this evening.

J. J. REYNOLDS, Brigadier-General.

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HEADQUARTERS FIRST BRIGADE, August 9, 1861.

Maj. Gen. H. E. LEE.

SIR: Our recent correspondence on the subject of an exchange of prisoners has been referred to the general commanding this department and the following are his instructions:

His proposition for exchange of prisoners appears humane, but without some limitation and qualification beyond those expressed in his note cannot be acceded to.

First. We cannot send to him prisoners taken here in exchange for prisoners taken at Manassas without giving him advantages of the local knowledge they have acquired while receiving none in return.

Second. We cannot avail ourselves of the services of the prisoners we would receive on this line while the reverse is the case with him.

You may give a list of prisoners as you propose, but will state to him the difficulties which the commanding general finds in the way of effecting this humane purpose.

The list above referred to I supposed had been retained at Beverly but I find such not to be the case, the list being of a very small portion of the paroled prisoners. I have taken steps, however, to obtain the complete list, and will have it in a few days in case any further negotiations should take place on this subject. You have in your possession two citizens who strayed from my camp and were taken by your pickets. I have some persons detained under like circumstances and would be glad to exchange them by conveying two of these persons to our outer pickets.

Very respectfully,

J. J. REYNOLDS, Brigadier-General.

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John W. Dearing, Michael Dillon, Richard M. Harvey, August Peyrusset, Henry Mills, Austin C. Williams, John M. Morgan, John Cunningham, William H. Hazelhurst, John Mark, Henry A. Run, C. H. Marriott, Richard Lewis, John H. Edwards, John G. S. Tucket, A. C. Delahay, William Perry, Charles Campbell, Robert Barret Edward Flynn, Daniel Courtney, George Hawkins, Richard R. Jeffries, George S. Harrison, Hugh Monagrow, John Mallings, George II. Roberts, Edward Murphy, Thomas Woods, George Sawden and John Cronin. The above named were of the crew of the rebel privateer Petrel, captured by the U. S. frigate Saint Lawrence and brought into the port of Philadelphia August 8, 1861. They were taken to Fort Lafayette February 5, 1862, where they were transferred to the charge of the War Department February 15, 1862.-From Record Book “Arrests for Disloyalty,” State Department.

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ALBUQUERQUE [N. MEX.], August 20, 1861.

Col. E. H. S. CANBY, Commanding Department of New Mexico, Santa Fé, N. Mex.

COLONEL: I have the honor herewith to transmit through your headquarters the paroles of honor of Lieutenants McNally and Cressey, and {p.27} of myself, of the Mounted Rifles, as given at Las Cruces, N. Mex., August 1, 1861, for forwarding to the honorable Secretary of War.

I am, very respectfully, your obedient servant,

ALFRED GIBBS, Captain Rifles, Commanding Squadron.

[First indorsement.]

Respectfully forwarded.

E H. S. CANBY, Colonel Nineteenth Infantry, Commanding.

[Inclosure.]

LAS CRUCES, TERRITORY OF ARIZONA.

I, Alfred Gibbs, captain U. S. Rifles of the Army of the United States, do hereby pledge my word of honor as an officer and gentleman that I will not bear arms or act under my commission as an officer against the Confederate States of America, or in any manner directly or indirectly against the said Confederate States in a belligerent capacity until the present war ceases and peace is concluded between the Confederate States and the Federal Government, or until I am released by the Secretary of War of the Confederate States or exchanged by said Government of the Confederate States for prisoners of rank held by the Federal Government that may be agreed upon between the Secretary of War of the Confederate States and of the Federal Government.

Given under my hand as an officer of the Federal Government, Las Cruces, this 31st day of July, A. D. 1861.

ALFRED GIBBS, Captain Rifles, U. S. Army.

Attest:

JOHN H. BAYLOR, Lieutenant-Colonel, Commanding Mounted Rifles.

[Similar paroles inclosed from Lieuts. C. H. McNally and E. P. Cressey.]

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FORT MCHENRY, August 22, 1861.

Hon. S. CAMERON, Secretary of War:

The twenty-three prisoners sent on by Governor Dennison from Columbus are here. Shall I send them this evening to Fort Monroe agreeably to your dispatch of the 18th instant to Governor Dennison? An immediate answer will be necessary if they leave this evening.

JOHN A. DIX, Major-General.

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HEADQUARTERS DEPARTMENT OF PENNSYLVANIA, Baltimore, Md., August 22, 1861.

Maj. Gen. JOHN E. WOOL.

GENERAL: I inclose a copy of a letter* addressed to me by the Governor of the State of Ohio. The twenty-three prisoners of war on parole were brought here by Captain Way who will report to you with them. I have no instructions in regard to them beyond the inclosed {p.28} copy of Governor Dennison’s letter except the following dispatch from the War Department just received in reply to an inquiry from me as to the disposition to be made of them:

WAR DEPARTMENT, August 28, 1861.

Maj. Gen. JOHN A. Dix:

Send them to Fortress Monroe as you propose.

SIMON CAMERON, Secretary of War.

I am, general, very respectfully, yours,

JOHN A. DIX, Major-General, Commanding.

* Not found.

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U. S. STEAMER MINNESOTA, Hampton Roads, August 23, 1861.

Lieut. Col. MARTIN BURKE, Commanding at Fort Hamilton, New York Harbor.

SIR: By dispatch from the Navy Department dated August 21, 1861, I am informed “the War Department has consented to take charge of prisoners coming into possession of the naval authorities” and I am directed to send any I may have to Lieut. Col. Martin Burke, commanding as above. In conformity therewith I send to New York in charge of Acting Master R. O. Patterson, U. S. Navy, nine prisoners, viz, five, George C. Gladden, John H. Marshall, J. P. M. Calvo, Charles Forrester, and John Gonzales, who belonged to the Southern pirate Dixie, and four, Patrick McCarty, John Williams, Archibald Wilson and James Riley, who belonged to the Southern pirate York. The last, J. Riley, is a deserter from the U. S. Marine Corps. He was a sergeant and deserted at Norfolk some year or so past.

Respectfully, your obedient servant,

S. H. STRINGHAM, Flag-Officer.

Lieut. Col. M. BURKE:

I have received the above-named prisoners.

CHAS. O. WOOD, Second Lieutenant, Ninth infantry, Commanding Post.

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HEADQUARTERS OF THE FORCES, Norfolk, August 27, 1861.

Maj. Gen. B. F. BUTLER, or OFFICER COMMANDING DEPARTMENT, &C.

SIR: As the steamer by which I forwarded some seamen and others to Hampton Roads last evening has not returned I fear she has broken down or some accident happened to her. I send a boat down to assist under a flag, and remain,

Very respectfully, your obedient servant,

BENJAMIN HUGER, Brigadier-General, Commanding.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, &C, Fort Monroe, Va., August 27, 1861.

Brigadier-General HUGER, Commanding, Norfolk, Va.

SIR: I send to your care by the vessel that brought from you to Commodore Stringham a flag of truce twenty-three prisoners on parole and {p.29} ten ladies, residents of Southern States. I have this moment received your communication of this date. The detention of your flag of truce was on account of the prisoners on parole, not finding it convenient to send them by boat last evening, and besides it was addressed to Commodore Stringham instead of myself, and consequently did not reach me as soon as it ought.

Very respectfully, your obedient servant,

C. C. CHURCHILL, Captain Third Artillery, Acting Assistant Adjutant-General.

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OFFICE OF ALGERNON S. SULLIVAN, ATTORNEY AT LAW, No. 59 William Street, New York, August 27, 1861.

Mr. GROVE.

DEAR SIR: May I trouble you to cause my letter* for Hon. R. M. T. Hunter to be transmitted? It relates to the case of the privateers and their trial. Also I send another letter Please tell my messenger how much money to leave with you for postage, &c.

Yours, truly,

A. S. SULLIVAN.

* This letter and its inclosures, addressed to Hunter and Benjamin by Sullivan and Larocque, were never delivered, having been seized by agents of the State Department on the premises of Grove. See case of Grove, p. 635, and case of Sullivan, p 682, Vol. II, this Series.

[Inclosure No. 1.]

OFFICE OF ALGERNON S. SULLIVAN, ATTORNEY AT LAW, No. 59 William Street, New York, August 23, 1861.

Hon. B. M. T. HUNTER, Secretary of State, Confederate States of America.

DEAR SIR: In connection with Mr. Larocque, of this city (who is counsel for Mr. Harleston, one of the captured officers of the privateer Savannah), I write with a view to obtain documents which are requisite for the defense of the captain and crew of that privateer. My correspondence heretofore has been through J. Randolph Tucker, esq., of your city, on this subject, and through him I have received the communication from Mr. Toombs.

Since the indictment of said privateers in the U. S. circuit court for this district for piracy I have written two letters to Mr. Tucker, inclosing a copy of the indictment and specifying certain documents which will be needed at the trial in order to properly raise the real questions of defense. I have received no reply which does not surprise me, for even if Mr. Tucker shall not have been absent on professional or martial affairs communication is so indirect and letters are so often seized that my or his letters may have miscarried.

The court set down the case of privateers for trial early in October next. If in the meantime the United States Government shall not have concluded to exchange prisoners and thus release the defendants here we wish to be ready for trial. Captain Baker and his co-defendants desire it. We desire to present fairly for adjudication by the court (Judge Nelson and District Judge Shipman will preside) the questions, What is the legal status of the Confederate States? Were they not a government entitled to belligerent rights? Were the defendants who were citizens of South Carolina and of the Confederate States amenable to the laws of the United States as citizens thereof &c.? with {p.30} cognate questions. You will perceive therefore that we need the papers duly certified which we specify in the inclosed memorandum. The prisoners have been made happy by the interposition already made by the Government of the Confederate States on their behalf, and they trust that you will at once cause the documents to be obtained and forwarded to me at New York so that their defense may be fully made.

There are defenses upon which we have some reliance which are other than on the legal merits above indicated, but I desire and so do my clients not to evade the high ground that the Confederate States are sovereign and that her citizens are not citizens of the United States. There are captured privateers from other vessels than the Savannah in the Tombs but the grand jury adjourned without finding an indictment against them, as I have previously informed you, I know not for what reason unless that the Government is seriously entertaining the purpose to exchange prisoners. The great injury done to the U. S. commerce by the privateers has deeply exasperated those interested in the shipping and the Government is influenced thereby.

Respectfully,

ALGERNON S. SULLIVAN.

[Sub-inclosure.]

The United States vs. Baker, Harleston, et al.

Documents wanted:

1. Certified copy of the secession ordinance of South Carolina and if possible of the other Confederate States.

2. Certified copy of the Provisional Constitution of the Confederate States of America.

3. The ratifying act of South Carolina and of the other States.

4. The permanent Constitution and ratifications.

5. The act recognizing the existence of war and authorizing letters of marque.

6. The President’s proclamation in reference thereto.

7. Evidence in your office that Baker complied with the terms and took out a letter of marque, and a copy of the same.

8. A copy of the act fixing upon the seal of Confederate States of America, and I wish some citizen of Virginia who has seen the seal used and impressed could be present at the trial to verify it.

9. The act creating the prize court which condemned the Joseph in Charleston.

10. Exemplified copy of the record of the prize court in the case of the Joseph.

[Inclosure No. 2.]

NEW YORK, August 23, 1861.

Hon. J. P. BENJAMIN.

MY DEAR SIR: In conjunction with my friend Algernon S. Sullivan, esq., I have addressed a few lines to your colleague, Mr. Hunter, urging the supplying us with documents necessary to the defense of the officers and crew of the Savannah whose trial is fixed for October next. Will you please look at Mr. Sullivan’s and my own letter to Mr. Hunter which go by the same conveyance with this and co-operate with him in taking the necessary measures to supply what we need?

Respectfully and truly, yours,

JER. LAROCQUE.

{p.31}

[Sub-inclosure.]

NEW YORK, August 23, 1861.

Hon. R. M. T. HUNTER.

SIR: I am requested by my friend Mr. Sullivan to add a few words in support of his request. In addition to the reasons which he has urged, under the laws of the United States themselves the acts charged in the indictment in my judgment are not piracy if done under a commission from one or more of the States of the Union, and the documents asked for are therefore all-important for the purpose of showing that the commission was issued by authority emanating from the State of South Carolina and other States whether in or out of the Union. I would add to Mr. Sullivan’s list of papers an exemplified copy of the record of the prize court which condemned the Joseph (the savannah’s prize) in Charleston. The State records can all be certified under the act of Congress of the United States so as to make them evidence in its courts. The acts of the Confederate States should be exemplified and compared with the original records by some one who would be prepared to come on personally as a witness under a sale conduct, and whose name should be furnished to us as soon as practicable in order that the necessary safe conduct may be procured. The record of the prize court in Charleston should be compared in the same manner, and the name of a witness from there to prove it be furnished in like manner. We should also have a copy of the act under which the prize court is organized compared and ready to be proved in the same manner. I consider all these things of the most vital importance to a successful defense.

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

JER. LAROCQUE.

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GENERAL ORDERS, No. 69.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, August 28, 1861.

...

II. All enlisted men in the volunteer service who have been taken prisoners by the enemy and released on parole will be discharged from the service.

By order:

L. THOMAS, Adjutant-General.

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HEADQUARTERS DEPARTMENT OF NEW MEXICO, Santa Fé, N. Mex., August 28, 1861.

Capt. A. GIBBS, Mounted Rifles, Commanding Detachment en route to Fort Leavenworth, Kans., and Capt. J. H. POTTER, Seventh Infantry, Commanding Detachment en route for Fort Leavenworth, Kans.

SIR: The colonel commanding directs that when the necessary arrangements are completed that you march with your command to Font Leavenworth via Forts Wise and Larned, if the circumstances of the country will permit your taking the direct route. If upon your arrival at Fort Wise you should be advised that your command would be liable to interruptions on the usual route the colonel commanding desires that you will move from Fort Wise in the direction of the Smoky Hill Fork of the Kansas and down that stream to Fort Riley; or if considered safe that you go direct to Fort Kearny, taking at Fort Wise subsistence to last your command to either of those posts.

{p.32}

The Quartermaster’s Department will be instructed to furnish you with guides who know the country beyond Fort Wise and will be able to conduct you by the route you may determine upon as most expedient. Your command will be armed for defense against the Indians, for the protection of the public property in your charge and against aggression from marauding parties of any class.

The obligations of the parole given by the officers and men of your command apply only to the Confederate States and are not imperative so far as any marauding parties or bodies of men not forming a part of the Confederate Army are concerned. The obligations of the parole are equally binding upon the parties to whom it was given, and any attempt to molest your command while on the march and conforming to the stipulations of the parole should be resisted and the assailants regarded and treated as enemies. The colonel commanding directs that the most exact discipline be observed in your command and that the non-commissioned officers and men should understand that their present condition so far from relaxing imposes upon them additional obligations of obedience, good order and discipline.

Very respectfully, sir, your obedient servant,

A. L. ANDERSON, Second Lieut., Fifth Infty., Acting Assistant Adjutant-General.

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Indorsement on letter from Governor W. Dennison, Columbus, Ohio, August 24, 1861, to Hon. S. Cameron, Secretary of War, asking instructions in relation to supplying prisoners with clothing.

AUGUST 29, 1861.

Respectfully returned. I repeat the recommendation formerly given by this office to purchase or remit one of the islands at the west end of Lake Erie for a depot of prisoners, and to appoint a commissary of prisoners to take charge of them. Paragraph 727 of the Army Regulations provides-

The private property of prisoners will be duly respected, and each shall be treated with the regard due 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.

No conventions having been made with the enemy the prisoners are entitled to no other allowances than one ration each per day. If they need clothing they should be placed where they can earn it by their labor. All this requires the care and supervision of a special officer and a proper place of detention.

M. C. MEIGS, Quartermaster-General.

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OFF HATTERAS INLET U. S. Flag-Ship Minnesota, August 29, A. D. 1861.

Articles of capitulation between Flag-Officer Stringham, commanding the Atlantic Blockading Squadron, and Benjamin F. Butler, major-general, U. S. Army, commanding, on behalf of the United States Government, and Samuel Barron, commanding the naval forces of the defense of North Carolina and Virginia, and Colonel Martin, commanding the forces, and Major Andrews, commanding the same forces, at Fort Hatteras.

It is stipulated and agreed between the contracting parties that the forces under the command of the said Barron, Martin and Andrews {p.33} and all munitions of war, arms, men and property under the command of said Barron, Martin and Andrews be unconditionally surrendered to the Government of the United States in terms of full capitulation.

And it is stipulated and agreed by the contracting parties on the part of the United States Government that the officers and men shall receive the treatment due to prisoners of war.

In witness whereof we, the said Stringham and Butler, on behalf of the United States, and the, said Barron, Martin and Andrews, representing the forces at Hatteras Inlet, hereunto interchangeably set our hands this 29th day of August, 1861, and of the Independence of the United States the eighty-fifth year.

S. H. STRINGHAM, Flag-Officer Atlantic Blockading Squadron. BENJ. F. BUTLER, Major-General, U. S. Army, Commanding. S. BARRON, Flag-Officer, C. S. Navy, Comdg. Naval Defenses Va. and N. C. WM. F. MARTIN, Colonel, Seventh Regiment Infantry, N. U. Vols. W. S. G. ANDREWS, Major, Commanding Forts Hatteras and Clark.

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[AUGUST 29, 1861.-For reports, correspondence, &c., relating to the capture of Forts Clark and Hatteras, Hatteras Inlet, N. C., see Series I, Vol. IV, p. 579 et seq.]

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[AUGUST 30, 1861.-For the Pillow-Wallace agreement to exchange prisoners, see Vol. I, this Series, pp. 504-510.]

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U. S. FLAG-SHIP MINNESOTA, New York Harbor, September 2, 1861.

Lieut. Col. MARTIN BURKE, Commanding Fort Lafayette, New York Harbor.

SIR: I have the honor to inform you that I have now on board the Minnesota about 678 prisoners, officers and men, captured in arms against the United States Government at Forts Clark and Hatteras, Hatteras Inlet, N. C., on the 29th day of August, A. D. 1861. Will you please inform me at what point I shall land them and deliver them into your charge for further safe-keeping?

Respectfully, your obedient servant,

S. H. STRINGHAM, Flag-Officer Atlantic Blockading Squadron.

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FORT UNION, N. MEX., September 2, 1861.

Reverend Doctor CRESSEY, Stapleton, Staten Island, N. Y.

DEAR FATHER: It has been a long time since I received a letter from home but the reason is I think plain. I have been on the move for the last two months. I am here on my way to the States as a prisoner of war. I have been captured by the troops from Texas. Maj. I. {p.34} Lynde, Seventh Infantry, in the most cowardly and disgraceful manner gave up his command consisting of ten companies of regular troops to less than 400 of the enemy. I suppose you must have seen in the papers an account of this. I can’t describe the whole affair to you now; I have been forced to talk so much about it that I am perfectly disgusted with everything connected with the whole affair. In all the whole affair I have come out all right. As commander of a squadron of rifles I have gained a reputation among our own officers. The affair at Mesilla which was the first thing we were engaged in was my first experience of civilized warfare. Three men were killed dead and about six wounded in their first volley. Our officer was wounded, and the command of the squadron devolved on me. I was picked out to be shot but they did not hit me. They killed a horse just behind me. I will be at Leavenworth by the middle of October. I don’t know what will be done with us. If you have any influence at Washington try and have me exchanged. I am anxious to be free and redeem myself from the disgrace thrown on us all by that infernal coward Lynde.

Your affectionate son,

EDWD. P. CRESSEY.

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FORT COLUMBUS, September 4, 1861.

ADJUTANT-GENERAL OF THE ARMY, Washington, D. C.

GENERAL: I have received the whole of the prisoners of war upon this island. The officers are quartered in Fort Columbus and the men at the Castle. Will I be justified in allowing the officers the liberty of the island upon their parole? What shall be the tenor of their confinement? I request an early answer.

Very respectfully, your obedient servant,

G. LOOMIS, Colonel Fifth Infantry, Commanding.

[Indorsement.]

Respectfully referred to the General-in-Chief. The Secretary of War is of opinion that the prisoners, officers, at Fort Columbus might have the privilege of taking exercise on Governor’s Island during the day or part of the day on giving their word of honor not to attempt to escape.

L. THOMAS, Adjutant-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., September 4, 1861.

Brig. Gen. BENJAMIN HUGER, Commanding Forces, Norfolk.

GENERAL: I received your communication of the 3d* instant by a flag of truce and acknowledged it, but the vessel which brought it left here before my letter reached her. The twenty-five prisoners and a British subject, who came not prisoner with the flag, were received and forwarded to the interior. To-day I send by a flag of truce to your courtesy the Right Reverend Catholic Bishop Verot, of Georgia, accompanied by his priest and deacon and three children and three ladies.

I am, with respectful consideration, your obedient servant,

JOHN E. WOOL, Major-General.

* Not found.

{p.35}

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HEADQUARTERS OF THE ARMY, Washington, September 9, 1861.

Col. G. LOOMIS, U. S. Army, Commanding Governor’s island, New York.

SIR: Your two letters of the 4th instant in relation to the prisoners of war in your charge have been received.

The General-in-Chief approves the liberty given the officers on their parole. He thinks well of their being permitted to receive sums of money and comforts but does not assent to their being visited by friends. Correspondence with them must be conducted through you and under your inspection.

The subject of issue of blankets to the prisoners will be referred to the Department.

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

E. D. TOWNSEND, Assistant Adjutant-General.

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SUPERINTENDENT OF THE METROPOLITAN POLICE, New York, September 10, 1861.

Hon. WILLIAM H. SEWARD.

DEAR SIR: I inclose herewith five letters found at the office of Mr. A. S. Sullivan, 59 William street, at the time of his arrest. I suppose those addressed to Charleston may possibly be important. The other two do not seem so. ...

Very truly, yours,

JOHN A. KENNEDY, Superintendent.

[Inclosure No. 1.]

TOMBS, New York, July 10, 1861.

MY DEAR TEDDY: I have written three letters home since I have been here besides this; one to you just the other day, but have not had a word from any one. I would not write so soon again but expect to have a good chance for this to go, so write fearing that the others may have been stopped. I think it strange that I can’t hear from any of you. Many people here get letters from Charleston and yet none of our party can get any. I have not heard a word about any of you or seen a Southern paper, and I am anxious and worried because I can’t hear. I hope some of you have written, and if you have not will do so soon. I will again give you the direction. Direct all letters for me to Bowdoin, Larocque & Barlow, No. 91 Merchants’ Exchange.

Yesterday we were again carried before the commissioner and our examination was again put off. The U. S. district attorney is not ready. It is put off until the l7th, so we will have been in here nearly a month without even an examination. The fact is now they have got us they don’t know what to do with us, and they want to delay everything and put things off in hopes that the war will end and they can let us go, and in the meantime they keep us locked up in this infernal place. There is no probability that we will be tried before next September so we will have to make the best of it here until this comes to an end.

Our Government might benefit us a little I think by taking the same number of prisoners as we are, sending them to Charleston and locking them up in cells as we are, making them in fact answerable for us in every way. Let their treatment be governed by ours; give them the {p.36} means of writing to their friends and let them know for what purpose they are placed in that situation and I think it will bring the people here to their senses, particularly if the prisoners to answer for us are men of standing and from New York. I think you had better get some one to see Governor P[ickens] and propose this. Our authorities may have taken some measures of this sort I write this supposing they have taken none.

I am still quite well and in good spirits. It is very hot here now. It is pretty close in our cell but not as much so as I expected for the walls are so thick the heat cant get through. We have got our cell well cleaned out now; have got rid of the vermin and are just as comfortable as we can be in here. This close confinement is bad. I am afraid when I get out (if ever I do) that I won’t be able to walk. My legs are very stiff and ache me at the knees, for we have no chance to walk here; otherwise I feel first rate. Friends send me plenty of cigars and books. Yesterday Miss Sabina W- came to see me and brought me some raspberries. She comes regularly every week. Doctor Thomas also came to see me yesterday; E. C-y comes regularly every week, sometimes twice, Mr. A. and many others. All treat me with the utmost kindness, so I have everything to keep me in good spirits and to help me to pass the time. In fact I have never felt downhearted yet, and I feel certain now that these Black Republicans can’t scare me. If I could only hear from [you] that you are all well and going on as usual I would be satisfied. I assure you I feel for you all-your anxiety about me and the reports you must have heard-much more than I do about myself.

When you write tell me when you first heard of our capture and what you did hear, and tell me all about the brig Joseph. Do tell Bancroft that I hope the private property of the captain will be taken care of so he can get it. We promised him that, and we were allowed to take all our clothes so he should be allowed but the same. All our arms were taken. Captain L’s old Toledo I threw overboard. I would not surrender it up to the lieutenant who came on board of us. The more I think of it the bigger fool I think I am for going with such a worthless set of men from first to last. We ought never to have been captured but it is too late now. If ever I get home I will speak out. Not until then. Remember me to all my friends. Tell F. D. to write to me. Give my best love to papa, mamma and all the girls. I am quite well and hope we will give the Yankees h-l yet. All of our party are quite well. I had a chance of seeing them all in court yesterday. It is a piping hot day here. Let me hear from some of you soon. I will write again next week. Tell all not to worry about me. There is no danger of their hanging us.

Remember me to all friends, and with my best love to you, I am, yours, truly,

J. H[ARLESTON].

[Inclosure No. 2.]

Letter from Captain Baker, one of the officers of the privateer Savannah, intercepted on person of A. S. Sullivan.

TOMBS, New York, July 10, 1861.

DEAR FRANK: I wrote to you some days ago and gave my letter to Reverend Doctor Cummings to post for me. I hope ere this you have received it. We have not had an examination yet. We have been up three or four times but each time the examination was postponed. To-day {p.37} week we go up again when if the prosecution are not ready my counsel will insist upon an examination or discharge. At all events the trial will not come off before the October term and the summer months will be passed within the close walls of the Tombs. It is certainly rather a dreary prospect but I can stand it. I have occasional visits from Doctor C., Father Duranquet and Father Wood, and the Sisters come twice a week. They are all very kind. To-day I expect to see one of the Sisters who is from Charleston; she sent word she would come to-day. She knows you. I have not heard her name; in fact I did not think of inquiring. John Rice called on me yesterday and handed me a few lines from Nick and Siss. They were all well. Nick has been in twice to see me. I have quite a number of friends here who visit me occasionally. I am well supplied with books and the daily papers, and with reading and writing manage to get through the long days very well. Our cell is quite small, little less than eight feet long by five and a half wide, so that we have no room at all for exercise. The only chance at all to stretch the legs is when I am called down to see my counsel which is not often. I have nothing to complain of but the close confinement, and I think after we have been here some time I can get the privilege of a little exercise in the yard of the prison. I get very good board for about $1 per day or a little over, having my meals just as I order them, and I have my own cot and bedding and have the satisfaction when I turn in of feeling that the bugs and vermin will not turn me out. When we first came here and were put into this cell the very appearance of it was enough to sicken a man, but after being annoyed by bugs, lice and roaches, &c., for five days, we obtained permission to have our own bedding brought in; so we had the place scrubbed and whitewashed, everything moved out, and procured a couple of camp cots that we can stow in a corner in daytime, a little out of our way, and now we are fixed as comfortable as can be in such a place as this. With money a person can get along pretty well. Without it it is horrible. The prison fare as I have seen it pass my cell door looks not fit to be eaten.

I expect Nick in again in a few days. I have first-rate counsel and no doubt they will do their best. I got some money from Nick when he was on. As soon as I can learn of the sale of the prize and cargo in Charleston and can form some estimate of what will be due me I will be able to arrange in some way to obtain some money here. I trust this will find you all well and in good spirits, as I am. My health is very good and I think I will be able to get through the warm weather. It is cooler in the cells than it is outside as the walls are thick and we have good ventilation.

Harleston is very well; Passailaigue also and in very good spirits. Doctor C. sees them every time he calls. He was here yesterday. I can assure you his visits are a great treat. When you write inclose your letter to J. W. Rice, 126 Chambers street, New York, post-office box 3149, and I will get it as soon as it arrives. He is very attentive, and it is a great convenience to me to be able to send and receive letters without their being handled by the persons employed about the prison.

Give my love to my dear father and all the rest, and believe me ever, Your affectionate brother,

TOM.

l2th.-Have not been able to post this as Rice has gone out of town. Nothing new; all well. I see Congress has passed the $400,000,000 appropriation bill. They will find it very difficult to raise the money. There is a strong undercurrent at work which I think will soon make {p.38} its way to the surface and rather prove a check to some of Abe’s unconstitutional moves. The war is becoming very unpopular among the people of the North. Great distress is anticipated among the laboring and poor classes the coming winter. God help them, for Abe won’t. I have just had a visit from Mr. Nivens, of N. S. & Co. He says the war has pretty nearly closed up his business. John Harleston had the pleasure of receiving a few lines from his brother, dated July 3, in Charleston. I suppose it came a roundabout way. I received a few lines from Aunt Kate dated 11th. All well.

[Inclosure No. 3.]

TOMBS, New York, July 18, 1861.

DEAR FRANK: I have been expecting to hear from you but up to the present time I have not heard anything at all from Charleston. John Rice brought me a file of Mercurys of dates from 4th June to 28, and I can assure you it was quite a treat to get them. I understand the sister of Father O’Neill and Miss M. Cunningham will leave here this week for Charleston. I may have an opportunity to write by them. We are all well here and in good spirits. I do not think if we are convicted that we will be punished otherwise than by imprisonment. The grand jury have indicted us for piracy and yesterday we were taken before the U. S. circuit court for arraignment, but as our counsel had not seen a copy of the indictment for examination they asked for time and we were remanded to be arraigned next week on Tuesday.

I have not seen Doctor Cummings for some days. I imagine he is out of town. Reverend Father Duranquet visits the prison twice a week. He is a Frenchman and very pleasant. The Sisters of Mercy visit the prisoners once a week. Yesterday I had the pleasure of seeing one of your friends from Charleston, Sister Mary Paul. She has been here three years. When she heard of my imprisonment she at first thought it was you, as she did not know any other Captain Baker in Charleston, and yet she thought it could not be, as you were too mild to engage in such warlike adventures. She is a very pleasant lady and very friendly. You can see that though closely confined I am not without friends. I feel the want of exercise very much, particularly in my legs. Apart from that my health is first rate.

We are in daily anticipation of the news of a great battle between General McDowell’s corps d’armée of 55,000 men and our gallant Beauregard with his little army of patriots. McD. yesterday was at Fairfax. I pray that God will assist our cause. I feel confident that we must triumph in the end.

There was great excitement here when the news was received of Coxetter’s being off the coast in the Jeff. Davis. Several vessels were immediately sent out in pursuit of him. I hope that he was well out of their way before they left here. The next news was of Semmes in the Sumter. The folks here were actually frightened. I should not be surprised if they blockade their own ports for fear the “bold privateers” may come in and take vessels from the wharves. The little Savannah is fitting out at the Brooklyn Navy-Yard. They are putting a new foremast in her and I believe intend her for a supply vessel or tender. I hope some of our boys may catch sight of her [in] Southern waters and take her into Charleston. I have not heard from the Philadelphia folks for some days, but expect Nick on. They were all well when last heard from. Captain Peck paid me a visit yesterday. He is a rabid Lincoln man. Give my love to all, and believe me ever,

Your affectionate brother,

TOM.

{p.39}

I inclose some newspaper slips which you may find interesting. I hope this will find you all well. Do not be anxious about me. I am as comfortable as can be, and trust that all will be well. I will write you as often as I have anything new.

[Sub-inclosure-newspaper clipping.]

THE TRIAL OF THE PRIVATEERSMEN.

At 3 o’clock yesterday the case came up again at the Tombs. The counsel for the defense and prosecution pending the opening of the case amused themselves by cracking jokes over the recent failure of the Columbia County panel of jurors and in splitting hairs over the laws of treason and piracy. After consultation the case was adjourned over to Wednesday next at 3 p.m., neither the defense nor the prosecution caring to press the matter in view of the certainty of indictment.

It is expected that the indictment will be presented by the grand jury on Monday, in which case the prisoners will be duly arraigned, held on the indictment and regularly tried. This will obviate the necessity for any more action before Commissioner Henry. The probability is expressed by the prosecution that in view of the difficulty in finding a judge and jury to try the case during the approaching hot season it will go over until September.

All the prisoners, seventeen in number, were brought into court yesterday, all except the captain and first officer being manacled.

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HEADQUARTERS FORT COLUMBUS, September 10, 1861.

Col. E. D. TOWNSEND, Assistant Adjutant-General, Washington, D. C.

COLONEL: If not prohibited I propose: First, to issue such articles of clothing to the prisoners of war as will make them comfortable; second, to restrict the officers to certain limits on their parole; third, to confine the men to Castle William, and a short limit outside the castle at certain hours of the day for exercise; fourth, to let their friends and well-wishers in New York City, &c., send them little articles for use and comfort and convenience, of course under inspection; fifth, to restrict personal intercourse with them from all except on important business, to be judged of by the commanding officer; sixth, not to allow more than $20 cash to be sent to one man (a prisoner) and all money sent to be reported to the commanding officer; seventh, to allow Mr. Kendall the sutler of this post, to supply them such little necessaries as they may desire and he to send them; eighth, to allow open letters to pass between the prisoners and their friends and those tradespeople desiring to furnish them at their (the prisoners’) expense, of course with the understanding that all such as shall contain objectionable matter are to be rejected.

Respectfully submitted.

G. LOOMIS, Colonel Fifth Infantry, Commanding.

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HEADQUARTERS, Saint Louis, September 13, 1861.

Brig. Gen. J. A. MCCLERNAND, Cairo:

I want no prisoner delivered up without special orders from me.

J. C. FRÉMONT, Major-General, Commanding.

{p.40}

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CAMP CHASE, NEAR COLUMBUS, OHIO, September 13, 1861.

Judge KEY.

DEAR SIR: The undersigned, made prisoners of war at Rich Mountain and Laurel Hill on the 11th and 12th of July last and having been by order of General Scott released after giving our parole of honor to yourself and Major Dennison, would respectfully represent that having remained in Beverly at your request and trusting in your assurance that we would be sent home as soon as the sick and wounded under our care were well enough to travel, we have been brought here and put in prison in disregard of said parole, which was faithfully observed on our part. Colonel Bosley, commanding at Beverly, and the other officers there will testify to our good behavior during the eight weeks that we remained there on parole. The sick and wounded under our care (who also gave you their parole on the 16th of July, as your books will testify) recovered sufficiently to travel and got their discharge from the hospital. Some of these left Beverly several weeks ago under the care of our surgeons and as we hear were sent home according to your promise. The rest of them whom we remained behind to nurse have also been brought here and put in prison with us. Our party left Beverly under a military guard last Sunday the 8th instant. We were all assured then by Colonel Bosley that we were to be sent home just as the party that preceded us. At Grafton we were told by General Kelley and Adjutant Hawkes that we would be sent home immediately by way of Old Point and Norfolk. We came here still on parole attended by Lieutenant Delaney without a guard, and not until yesterday morning, when we were confined in this place, did we learn that our captors were acting in bad faith toward us or else that we had been misrepresented to them.

We do not write you this to tell you of our disappointment or to make you responsible for it. Some of our sick and wounded we believe would never have recovered if this hope of being sent home had not been held out to them, and two of them seem to be sinking under their present disappointment. But we appeal to you as a man of honor to redeem your promise to us to use your influence with those in authority over us for our release from confinement and return home. We are not dangerous characters. Our conduct for the last nine weeks as well as our present circumstances will prove this. We religiously respected our parole and will do so when we get home. We will regard ourselves as prisoners there as truly as we are here.

We are fourteen in number; seven were severely wounded, four of whom are still very feeble; three are just recovering from severe spells of typhoid fever and four have been and still are nurses as above represented.

Believing that you will not suffer us to remain here long to regret that we trusted the word of Judge Key and of General McClellan, and that it is now without your knowledge or consent that we are confined here,

We remain, respectfully,

H. D. CROCKETT, Company D, Twentieth Regt. Virginia Vols., Powhatan County. AMOS CURRY, Lee Battery, Lynchburg, Va. THOS. GENTRY, Company G, Twenty-third Regt. Virginia Vols., Louisa County. DAVID COMFORT, Company G, Twentieth Regt. Virginia Vols., Charlotte County.

NOTE.-Nominal list of sick and wounded omitted.

{p.41}

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OFFICE-DISTRICT ATTORNEY OF THE UNITED STATES, New York, September 17, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: In undertaking the preparation for trial of the cases of the privateers of the Savannah and of other vessels I need in order to do justice to the public interests involved a capable, industrious associate counsel who can give for a time a large portion of his time in examining with me the authorities and in aiding me generally to present the cases fully and fairly before the court. The unprecedented demands upon the energies of this office may perhaps be properly referred to in making this application. For the work required Mr. Samuel Blatchford is peculiarly qualified. His professional experience and ability are known to you.

I respectfully request that you will authorize me to associate and employ him in the cases of the privateers of the Savannah and of other vessels upon such terms as shall be just and in accordance with the public interests.

Very respectfully, your obedient servant,

E. DELAFIELD SMITH, U. S. District Attorney

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FORT COLUMBUS, N. Y., September 18, 1861.

Colonel LOOMIS, Commanding.

SIR: I regret very much the necessity of applying to you for information as to what privileges we are allowed as prisoners of war, treatment as such having been accorded to us in the articles of capitulation agreed upon by the commanding officers in the surrender of Fort Hatteras. Since our arrival on this island and giving our parole of honor to observe certain conditions therein set forth, Colonel Bradford, myself; my flag lieutenant and now Lieutenant-Colonel Pegram have been supplied by Mr. Kendall with provisions in accordance with your knowledge and approbation, but we are unwilling longer to trespass upon the goodness of Mr. Kendall, and wish to make some suitable arrangement for our future living. We have no one appointed to attend our room-mess, or any other service that may be required of a servant. No one is allowed access to us and we have no means of getting any of the requisites for living. May I ask that you will state whether we can have our marketing made and our meals prepared by one of the women about the garrison and some one selected to attend on us in our rooms? We are perfectly willing to make proper compensation for service rendered, and have no doubt that we can procure the services of some one on the island if permission be granted. The boy whom we engaged some time since was unwilling to remain without the privilege of occasionally visiting the city, and left us when he understood from you that he was to be treated as a prisoner.

Very respectfully, your obedient servant,

S. BARRON, Flag-Officer, C. S. Navy.

[First indorsement.]

FORT COLUMBUS, N. Y., October 13, 1861.

Col. E. D. TOWNSEND, Assistant Adjutant-General.

COLONEL: I would respectfully refer this communication to headquarters. The first paragraph I cannot answer. In other respects I {p.42} have granted every indulgence that I consistently could. It will be perceived that the writer claims to be flag-officer of C. S. Navy.

G. LOOMIS, Colonel Fifth Infantry, Commanding.

[Second indorsement.]

HEADQUARTERS ARMY, October 19, 1861.

Respectfully forwarded to be submitted to the Adjutant-General to the Secretary of War.

By command of Lieutenant-General Scott:

E. D. TOWNSEND, Assistant Adjutant-General.

[Third indorsement.]

ADJUTANT-GENERAL’S OFFICE, October 19, 1861.

Respectfully forwarded to the Secretary of War.

By order:

J. P. GARESCHÉ. Assistant Adjutant-General.

[Fourth indorsement.]

WAR DEPARTMENT, November 6, 1861.

Respectfully referred to the Secretary of State.

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DEPARTMENT OF STATE, Washington, September 19, 1861.

E. DELAFIELD SMITH, Esq., U. S. Attorney for the Southern District of New York.

SIR: Your letter of the 17th instant representing the necessity for you to have assistance in preparing for trial the cases of the privateer Savannah and others and recommending Samuel Blatchford for that purpose has been received. In reply I have to acquaint you that your representation is concurred in and your selection of Mr. Blatchford approved.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

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FORT COLUMBUS, N. Y. Harbor, September 20, 1861.

General L. THOMAS, Adjutant-General, Washington, D. C.

GENERAL: In Special Orders, No. 245, it is ordered:

The remainder of the men composing the paroled companies will be transferred in like manner to the general service and sent to Fort Columbus for such duty as they can there perform without violating their parole.

I would respectfully request to know what are the conditions of the parole of these men who are to report to me for duty?

Very respectfully, your obedient servant,

G. LOOMIS, Colonel Fifth Infantry, Commanding.

{p.43}

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OFFICE DISTRICT ATTORNEY OF THE UNITED STATES, New York, September 21, 1861.

Hon. WILLIAM H. SEWARD.

SIR: I respectfully transmit herewith for the information of the Government a copy of a correspondence between the counsel of the pirates of the Savannah and myself.

With great respect, your obedient servant,

E. DELAFIELD SMITH.

[Inclosure No. 1.]

NEW YORK, September 7, 1861.

E. DELAFIELD SMITH, Esq., U. S. District Attorney for the Southern District of New York.

SIR: In the discharge of our professional duty as counsel for the prisoners taken from the Southern privateer Savannah and now awaiting trial upon an indictment for piracy at the next term of the U. S. circuit court to be held in this city in October next it is incumbent upon us to procure authenticated copies of records of several of the Southern States; of records of a tribunal claiming to be a prize court lately organized at Charleston, S. C., and of records of the so-called Confederate States now on file in Richmond, Va. They are as follows:

1. The acts or ordinances of the several States purporting to repeal and annul their adoption and ratification of the Federal Constitution and to withdraw from the Union.

2. The records of the acts or ordinances appointing delegates to the Congress held at Montgomery.

3. The record of the Provisional Constitution claimed to have been adopted by the so called Confederate States.

4. The records of the acts of the several States adopting this Provisional Constitution.

5. The record of the permanent Constitution.

6. The records of the acts of the several States adopting this permanent Constitution.

7. The record of the act of the Southern Congress recognizing the existence of war with the Federal Government and authorizing the issue of letters of marque and reprisal.

8. The record of the letter of marque granted to the Savannah.

9. The record of the regulations prescribed for vessels carrying letters of marque.

10. The record of the act of the Southern Congress purporting to establish the prize court at Charleston.

11. The record of the prize court of the condemnation of the Joseph, the vessel alleged to have been captured by the Savannah as a prize of war.

12. The record certifying the authority of Jefferson Davis to act in the name of the so-called Confederate States.

So far as the State records are concerned, they can we suppose be authenticated under the laws of the United States in such manner as to make them evidence in its courts. We should rely on such authentication on receiving your assurance that no technical objection would be made to it. As to the records from Richmond and those of the prize court, without an express waiver of all technical objections it would be necessary that a witness should be produced on the trial who would be able to testify that they are accurate copies, to give some {p.44} account of the places of deposit of the originals and to testify as to the genuineness of signatures and seals. Under these circumstances and in view of the recent prohibition of intercourse we are compelled to address ourselves to you for the purpose of requesting that you will unite with us in a proper application to the proper department of the Government that the necessary facilities may be furnished to us for communicating with Richmond in order to obtain the required documents and the necessary safe conducts for the witnesses whose names will be furnished. A consent to the reading of the documents and admitting them to be copies of the originals adopted and deposited as above set forth might obviate the necessity of oral evidence to prove them.

We are, very respectfully, your obedient servants,

DANIEL LORD, Of Counsel for J. Harleston. JER. LAROCQUE, ALGERNON S. SULLIVAN, For Capt. T. H. Baker et al. JAS. T. BRADY, Counsel for Captain Baker.

[Inclosure No. 2.]

NEW YORK, September 12, 1861.

E. DELAFIELD SMITH, Esq., U. S. District Attorney.

DEAR SIR: Permit me in behalf of my colleagues in the case of the United States v. The Officers and Crew of the Savannah and myself to request the favor of a reply to our letter to you of the 7th instant. The time of trial is rapidly approaching, and the measures which we had taken at the earliest practicable moment to procure the documents necessary for the defense have been frustrated by the channels of communication having been since closed which were open at that time. Under these circumstances we take it for granted that you will regard it both as a duty and a pleasure to unite with us in a proper application to the Government for the facilities necessary to procure the requisite testimony, and for the faithful discharge of our duty as counsel.

Respectfully, your obedient servant,

JER. LAROCQUE.

[Inclosure No. 3.]

OFFICE DISTRICT ATTORNEY OF THE UNITED STATES, New York, September 20, 1861.

Messrs. DANIEL LORD, JER. LAROCQUE, ALGERNON S. SULLIVAN and JAMES T. BRADY.

GENTLEMEN: I have considered your letter of the 7th instant and the supplementary letter of Mr. Larocque of the 12th instant in relation to the case of the officers and crew of the Savannah. An extraordinary pressure of public, business has delayed an answer. So far as relates to the manner of authenticating certain documentary proof desired by you and the admissibility or effect of any testimony which you may desire to offer in this case I am satisfied that professional and official duty requires me to leave any questions that may arise to judicial decision. If you require for the sufficient presentation of your clients’ defense aid from the Government other than is by law afforded {p.45} through the ordinary process of the court a direct application from yourselves to the appropriate department or officer will unquestionably receive just consideration. If anything were needed to gain such attention in addition to its concern with so grave a subject your own eminent personal and professional position would supply it.

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

B. DELAFIELD SMITH.

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DEPARTMENT OF STATE, Washington, September 23, 1861.

B. DELAFIELD SMITH Esq., U. S. Attorney for the Southern District of New York.

SIR: Your letter of the 21st instant inclosing correspondence between yourself and the counsel for the pirates of the Savannah has been received. The course pursued by you in these proceedings appears to be judicious and is approved.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

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[SEPTEMBER 25, 1861.-For negotiations for exchange of prisoners between Generals Grant and Polk and their subordinates, see Vol. I, this Series, pp. 511-547.]

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FORT COLUMBUS, N. Y., September 29, 1861.

Col. B. D. TOWNSEND, Asst. Adjt. Gen. Hdqrs. of the Army, Washington, D. C.

COLONEL: There have been two deaths from among the prisoners of war. Doctor Sloan speaks of the unhealthiness of Castle William; he cannot account for it but says there has always been more or less sickness when troops are quartered there. They should be removed before cold weather comes on or prepared for it by some means of warming the portion occupied as quarters, to wit, the second and third tiers.

Very respectfully, your obedient servant,

G. LOOMIS, Colonel Fifth. Infantry, Commanding.

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CASTLE WILLIAM, Governor’s Island, September 30, 1861.

Hon. SIMON CAMERON, Secretary of War of the United States:

The undersigned are orderly sergeants of the companies taken prisoners at the surrender of Fort Hatteras, on the coast of North Carolina, on the 29th ultimo. Our men are now suffering very greatly from disease. To-day 115 of the 630 are confined by disease which threatens to prostrate us all.

In this conflict now being waged between the two sections of our country prisoners have been discharged by both parties, as at Rich Mountain, Springfield and Lexington, upon their parole not to bear arms until released from their obligation. We ask for our men that they may be permitted to return to their homes upon the same pledge. We are assured that a knowledge of our condition would incline you {p.46} favorably to consider this application. The officer having the care of us, Lieutenant Casey, of this post, has been active in kindness to us, but the want of room and the presence of contagious diseases among us unused as we are to this climate defy all his efforts to protect us against its force. Four of our men have died within the past five days and many others are dangerously ill.

ANDREW NORMAN, Actg. Orderly Sergt. of Company F, Seventh Regt. Infantry, North Carolina Volunteers. [And 635 men.]

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HEADQUARTERS, Kansas City, September 30, 1861.

ASSISTANT ADJUTANT-GENERAL, Headquarters Western Department, Saint Louis, Mo.

SIR: I would respectfully ask some information in regard to the disposition to be made of prisoners released by the rebel forces. I am aware that the subject is one which has occupied the attention of the Government but am not aware that any conclusion has been arrived at in regard to their disposition. At the present time I find myself somewhat embarrassed by the great number of prisoners returning from Lexington, Mo., and especially so in regard to the officers. Two or rather one application has been made to me by General Price and one to General Lane on the subject of exchange of officers. In the case of the proposed exchange with General Lane I have referred the matter to him, but in regard to the proposed exchange for an officer of the rebel forces who is now here I have postponed any action until I will have received some information on the subject from higher authority.

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

S. D. STURGIS, Brigadier-General, Commanding.

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FORT COLUMBUS, N. Y. Harbor, October 2, 1861.

Col. C. A. FINLEY, Surgeon-General U. S. Army, Washington.

SIR: I have the honor to transmit herewith a report made by me to the commanding officer of this post relative to the condition of the prisoners from Fort Hatteras, N. C. In connection with this subject I have to report that there is a great deal of sickness among these prisoners and that my services are constantly required as their own assistant surgeon who attended them under my direction is now sick also. I feel under the necessity of asking that an assistant surgeon may be detailed for temporary duty here if one can be spared. While I feel sensibly the need of aid I must express at the same time my entire willingness to give my whole time and attention in the demands made upon me. The following is the strength of the command at this post and Fort Wood, the number of patients now under treatment being 170:

Fort Columbus-Commissioned officers, 36; troops in quarters, 330; troops in camp, 245; women and children, 125; prisoners of war, &c., 707.

Arsenal-Men, 68.

Fort Wood-Troops, 36. Total, 1,547.

Very respectfully, your obedient servant,

WM. J. SLOAN, Surgeon, U. S. Army.

{p.47}

[Inclosure.]

FORT COLUMBUS, September 30, 1861.

Col. G. LOOMIS, U. S. Army, Commanding Fort Columbus.

SIR: I have the honor to report that the condition of the Fort Hatteras prisoners in the castle at this post is such as to require the immediate attention of the Government. They are crowded into an ill-ventilated building which has always been an unhealthy one when occupied by large bodies of men. There are no conveniencies for cooking except in the open air, no means of heating the lower tier of gun rooms and no privies within the area. As the winter approaches I cannot see how these 630 men can be taken care of under the above circumstances. These men are without clothing and are not disposed to use the means prescribed by me for the prevention of disease unless compelled to do so. Everything necessary in a sanitary point of view has been urged upon them but is only carried out by the persistent efforts of the officer in charge of the castle. Under all these circumstances with the effect of change of climate and the depression resulting from their situation disease must be the result.

There are now upwards of eighty cases of measles amongst them, a number of cases of typhoid fever, pneumonia, intermittent fever, &c. I have taken the worst cases into my hospital and am preparing it with beds to its full capacity for other cases. Every building upon the island being crowded with troops, with a large number in tents, I know not how the condition of these prisoners can be improved except by a change of location to some other place for all or a portion of them, the present condition of things resulting principally from deficiency of quarters and not from causes within our control.

Very respectfully, your obedient servant,

WM. J. SLOAN, Surgeon, U. S. Army.

[Indorsement.]

Respectfully forwarded to the Headquarters of the Army. Prompt attention to the cleanliness of the castle and the prisoners is ordered. If these prisoners are to be kept on this island I would recommend that temporary barracks be erected for them upon some part of it which shall be selected.

G. LOOMIS, Colonel Fifth Infantry, Commanding.

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NAVY DEPARTMENT, Washington, October 3, 1861.

Flag-Officer L. M. GOLDSBOROUGH, Comdg. Atlantic Blockading Squadron, Hampton Roads, Va.

SIR: The Department herewith transmits a communication and a package containing $50 in gold addressed to Lieut. John L. Worden, U. S. Navy, now a prisoner at Montgomery, Ala.

The United States having permitted relief to be sent from friends of prisoners taken at Hatteras and elsewhere the Department presumes that the same facilities will be extended to those held by the South.

The Department would be gratified should an opportunity occur to forward the accompanying package and letter to that officer.

I am, respectfully, your obedient servant,

GIDEON WELLES.

{p.48}

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QUARTERMASTER-GENERAL’S OFFICE, Washington, October 3, 1861.

Hon. SIMON CAMERON, Secretary of War.

SIR: I have to acknowledge the instructions of the Department to prepare a project for establishing a depot of prisoners upon one of the islands at the west end of Lake Erie, and having consulted with yourself and the Adjutant-General I respectfully recommend that Lieut. Col. William Hoffman, of the Eighth Infantry, an officer of rank and experience whose misfortune in having been placed on parole renders it impossible for him to take the field, be appointed commissary of prisoners and charged with the details necessary for establishing the depot.

It will be necessary for the commissary of prisoners to visit the islands and quarters, and to ascertain whether any of them of suitable size and location can be obtained on reasonable terms. If disappointed in this he should examine some other site, perhaps Madison Barracks, the barracks near Buffalo and other points.

A guard which can perhaps be detached from the troops on parole with proper officers and an assistant quartermaster can be detailed after the site is fixed on definitely.

I am, very respectfully, your obedient servant,

M. C. MEIGS, Quartermaster-General.

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EXECUTIVE DEPARTMENT, Columbus, Ohio, October 3, 1861.

Hon. SIMON CAMERON, Secretary of War.

DEAR SIR: Applications are frequently being made at this department for the discharge of prisoners of war confined at Camp Chase. The Governor directs me to inquire of you whether the commandant of the department shall exercise the authority to discharge or whether applications for that purpose shall be made directly to your Department. He deems it very desirable that some arrangement should be made by which these applications can be speedily disposed of as such prisoners are accumulating very rapidly.

Very respectfully,

M. WELKER, Aide-de-Camp.

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FORT HAMILTON, October 4, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: Pursuant to your orders handed to me by the U. S. marshal of New York, I have the honor to report that the following-named persons confined at Fort Lafayette as privateersmen were turned over to the care of U. S. Marshal Murray, viz: John H. Marshall, P. McCarty, Charles Forrester, George C. Gladden, J. P. M. Calvo, John Gonzales, James Riley, John Williams, Archibald Wilson. One of the above named was left sick at the fort by Marshal Murray who promised to come down this day and remove him to the quarantine hospital.

Very respectfully, your obedient servant,

MARTIN BURKE, Lieutenant-Colonel, Commanding.

{p.49}

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WAR DEPARTMENT, Washington, October 7, 1861.

C. B. DIBBLE, Esq., New York.

SIR: Your communication of the 1st instant has been received. This Department is disposed to act toward traitors taken in arms promptly and positively so far as is consistent with the usages of civilized warfare. It can therefore find no objection to your furnishing clothing to prisoners taken at Cape Hatteras as you desire. With reference to communicating with the authorities of North Carolina in order to reimburse you for such outlay as you may make you are at liberty to confer with the general commanding at Fort Hatteras, through whom perhaps such communication may be made.

Respectfully,

SIMON CAMERON, Secretary of War.

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QUARTERMASTER-GENERAL’S OFFICE, Washington, October 7, 1861.

Lieut. Col. WILLIAM HOFFMAN, Eighth Infantry, New York.

COLONEL: Having been appointed commissary of prisoners and having reported to this office for instructions by order of the Secretary of War I have the honor to request you to proceed to the group of islands known as the Put-in-Bay, and Kelley’s Island, off Sandusky in Lake Erie, and to examine them with reference to the lease of the ground upon some of them for a depot for prisoners of war. You will report which of the islands affords on the whole the greatest advantages for the location of such a depot, the price at which a suitable tract of land can be leased during the war and such other matters as may be of importance. Should other localities in that vicinity appear to you to be better fitted for the purpose you are authorized to visit them also. You will complete this duty as soon as practicable, and returning to this city report in writing the result of your examination, making a report also upon the steps necessary to establish a depot and prepare it for the reception and safe detention of prisoners. The locality selected should not be in a higher latitude than that of the west end of Lake Erie in order to avoid too rigorous a climate.

I am, respectfully, your obedient servant,

M. C. MEIGS, Quartermaster-General.

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U. S. FLAG-SHIP MINNESOTA, Hampton Roads, October 7, 1861.

Brig. Gen. B. HUGER, Commanding Forces, Norfolk, Va.

SIR: Herewith I send a package of money said to contain $50 for Lieut. John L. Worden, U. S. Navy, now a prisoner at Montgomery, Ala., which I have to request you will have forwarded to him.

Respectfully, your obedient servant,

L. M. GOLDSBOROUGH, Flag-Officer.

* See Special Orders, No. 284, October 23, p. 121.

{p.50}

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FORT COLUMBUS, N. Y. Harbor, October 8, 1861.

Col. G. LOOMIS, U. S. Army, Commanding.

COLONEL: I have the honor to report that the condition of the sick prisoners has not improved. Deaths occur almost daily and there continues to be a large number of cases of measles, pneumonia, typhoid fever, &c. I have taken as many cases into the hospital as can be accommodated. The sickness will continue and increase so long as so large a body of men is crowded together in Castle William. If 100 are removed to Bedloe’s Island as contemplated and including a large proportion of the sick there will be better facilities for improving the condition of those remaining.

Very respectfully, yours, &c.,

WM. J. SLOAN, Surgeon, U. S. Army.

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DEPARTMENT OF STATE, Washington, October 9, 1861.

Colonel LOOMIS, Commanding at Fort Columbus, N. Y.

COLONEL: You are authorized to permit William F. Martin who was taken prisoner at Hatteras Inlet to make proper arrangements for supplying himself and his fellow-prisoners with necessary clothing and for defraying the cost of the same. It is expected, however, that any interview between Mr. Martin or other of the prisoners and the person or persons who may be employed to furnish the clothing will take place in the presence of a commissioned officer of the United States.

I am, colonel, your very obedient servant,

WILLIAM H. SEWARD.

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DEPARTMENT OF STATE, Washington, October 10, 1861.

Lieut. Gen. WINFIELD SCOTT:

The President directs that fifty-seven of the insurgent prisoners be released from confinement and set at liberty on their taking either the oath of allegiance or an obligation by oath not to engage in arms against the United States during the continuance of the present insurrection. The Lieutenant-General commanding will see to the execution of this direction.

WILLIAM H. SEWARD, Secretary of State.

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U. S. FLAG-SHIP MINNESOTA, Hampton Roads, October 10, 1861.

Brigadier-General HUGER, Commanding Forces, Norfolk, Va.

SIR: By a letter from Lieutenant Sharp (now as you are doubtless aware a prisoner at New York) to his wife, forwarded to Norfolk to-day by a flag of truce, I perceive that he is very anxious to be exchanged. Without any specific authority on the subject of exchanging prisoners I venture nevertheless to say to you that I think he may be exchanged for Lieutenant Worden, of our Navy, who I understand is still confined at Montgomery. Lieutenant Worden sailed with me some years ago and I am on terms of intimacy with his family. Hence the reason {p.51} of my feeling deeply interested in his behalf. Will you be good enough to inform me whether this suggestion be acceptable to yourselves or otherwise?

Respectfully, your obedient servant,

L. M. GOLDSBOROUGH, Flag-Officer, Commanding Atlantic Blockading Squadron.

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EXECUTIVE DEPARTMENT, Boston, Mass., October 11, 1861.

Hon. SIMON CAMERON, Secretary of War, Washington.

SIR: I am directed by His Excellency Governor Andrew to request that he may be authorized to enlist a battalion of three or four companies of infantry to be commanded by a major to be sworn into service for three years or the war to be stationed at Fort Warren in Boston Harbor as a garrison and guard to the prisoners to be sent there until required elsewhere by the War Department. The Twenty-fourth Regiment Massachusetts Volunteers which it was proposed by Governor Andrew in letter of 28th September to send to that fort will soon be ready to leave for the seat of war. It will be therefore necessary to provide another guard for the fort, and this should be undertaken at once. At the same time the Governor thinks a guard of one company as proposed by the War Department would be totally insufficient. If the enlistment of such a battalion were authorized it might be afterwards increased to a regiment and sent South when wanted.

I have the honor to remain, very respectfully, your most obedient,

HARRISON RITCHIE, Lieutenant-Colonel and Aide-de-Camp.

[Indorsement.]

HEADQUARTERS OF THE ARMY, October 17, 1861.

The General-in-Chief recommends that the battalion be raised as proposed Brevet Colonel Dimick, now at Fort Monroe, will be ordered to command at Warren.

Respectfully submitted.

E. D. TOWNSEND, Assistant Adjutant-General.

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WAR DEPARTMENT, Washington, October 12, 1861.

M. WELKER, Aide-de-Camp, Columbus, Ohio.

SIR: Your favor of the 3d instant asking for instructions relative to the discharge of prisoners of war has been received. In reply I have the honor to inform you that in order to receive the requisite authority you will please direct your application to the General-in-Chief of the Army.

Respectfully,

THOMAS A. SCOTT, Acting Secretary of War.

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SPECIAL ORDERS, No. 170.}

HEADQUARTERS OF THE ARMY, Washington, October 12, 1861.

Fifty-seven of the U. S. soldiers detained as prisoners in Richmond having been released on taking an oath not to bear arms against the {p.52} States in rebellion an equal number of the prisoners of war taken from those States now confined in Washington and in New York Harbor will be released on taking the prescribed oath of allegiance to the United States or an oath not to engage in arms against the United States.

Of these confined in this city the thirty-seven here named will be released as above.* Colonel Loomis, commanding at Fort Columbus, will in concert with Lieutenant-Colonel Burke select twenty from among the prisoners of war under their charge to make up the number indicated.

The prisoners to be released will be sent by the first opportunity to Fort Monroe and thence under a flag of truce through the U. S. lines.

The following are the forms of oath to be administered:

OATH OF ALLEGIANCE.

I do solemnly swear (or affirm) that I will support, protect and defend the Constitution and Government of the United States against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any State, convention or legislature to the contrary notwithstanding; and further, that I do this with a full determination, pledge and purpose, without any mental reservation or evasion whatsoever: So help me God.

OATH OF OBLIGATION NOT TO BEAR ARMS.

I do solemnly swear (or affirm) that I will not take up arms against the United States or serve in any military capacity whatever against them until regularly discharged according to the usages of war from this obligation.

By command of Lieutenant-General Scott:

E. D. TOWNSEND, Assistant Adjutant-General.

General WOOL, Fort Monroe.

* Nominal list omitted.

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[OCTOBER 13, 1861.-For the Frémont-Price exchange convention and agreement to discontinue arrests for political opinions, see Vol. I, this Series, pp. 548-562.]

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WAR DEPARTMENT, Washington, October 15, 1861.

Hon. GIDEON WELLES, Secretary of the Navy.

SIR: I have the honor to request that you will furnish transportation by any U. S. steamer that may be going hence to Fort Monroe for fifty-seven prisoners of war released on their parole and en route to Norfolk. Please inform this Department when such steamer will sail. The Commissary-General of Subsistence has been instructed to furnish rations for the prisoners.

I have the honor to be, very respectfully,

THOMAS A. SCOTT, Acting Secretary of War.

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HEADQUARTERS DEPARTMENT OF NORFOLK, October 15, 1861.

Flag-Officer L. M. GOLDSBOROUGH, Commanding Atlantic Blockading Squadron.

SIR: I duly received your letter of the 10th instant. As I had no instructions to act in an individual exchange of prisoners as you propose I have referred it to higher authority. The Government of the {p.53} Confederate States offers to exchange prisoners; it only remains for your Government to accede to their proposition and save much needless suffering.

I shall always be most happy to do all in my power to mitigate the rigors of war.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

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WAR DEPARTMENT, Washington, October 17, 1861.

His Excellency JOHN A. ANDREW Governor of Massachusetts, Boston.

SIR: The communication of Lieut. Col. Harrison Ritchie of the 11th instant asking authority for the enlistment of a battalion to be stationed at Fort Warren in Boston Harbor has been received.

You are hereby authorized to raise a battalion of three or four companies of infantry to be sworn into service for three years or during the war, to be stationed at the fort above named as a garrison and guard until required elsewhere by the War Department.

There will be no necessity for having a major sworn in as Brevet Colonel Dimick, now at Fort Monroe, will be ordered to command at Fort Warren.

I have the honor to be, very respectfully,

THOMAS A. SCOTT, Acting Secretary of War.

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HEADQUARTERS OF THE ARMY, Washington, October 17, 1861.

Col. A. G. BROWNE, Jr., Military Secretary, &c., Boston, Mass.:

Have just conferred with Governor Andrew. Colonel Dimick, U. S. Army, is ordered to command Fort Warren. You need not send a guard there till he arrives in Boston. The battalion of three or four companies will be accepted as a guard.

E. D. TOWNSEND, Assistant Adjutant-General.

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HEADQUARTERS DEPARTMENT OF NORFOLK, October 19, 1861.

Flag-Officer L. M. GOLDSBOROUGH, Commanding Atlantic Blockading Squadron.

SIR: Referring to my letter of the 15th instant I now have the honor to inclose you a copy of the answer* of the honorable Secretary of War to your letter of the 10th instant requesting the exchange of Lieutenant Worden for Lieutenant Sharp, C. S. Navy.

I shall be ready to meet any propositions you may make to complete the arrangements you propose.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

* Omitted here; Benjamin to Huger, October 16, p 729.

{p.54}

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WASHINGTON, October 22, 1861.

General M. C. MEIGS, Quartermaster-General U. S. Army, Washington.

GENERAL: I have the honor to report that immediately on the receipt of your instructions of the 7th instant I proceeded to the Put-in-Bay Islands, in Lake Erie, with the view of selecting one of them for a depot for prisoners of war, and the following is the result of my examination:

On the steamer Island Queen which is engaged in the trade of those islands I passed round the outer ones known as the North and Middle Bass, and passed the night at Put-in-Bay on South Bass Island.

North Bass is about a mile across in any direction; has upon it sufficient cleared ground for a depot owned by different persons who are engaged in cultivating the soil and fishing, who as I am informed would not be willing to give up their farms for any reasonable rent if at all as they have made their homes there. The boat did not stop long enough to permit me to consult them. But the position of the island is such as to preclude its occupation as a depot. It is only four to five miles from the nearest of the Canada islands, the boundary lines being midway between them, which would afford a too inviting opportunity for their friends to attempt their rescue. Besides being so remote from the mainland and being almost entirely cut off from communication with it for weeks or even months at a time during the winter, it would be necessary to confine the prisoners within secure walls or the guard would have to be confined within a very defensible work to insure that the prisoners could at no time overcome them and make their escape into Canada. Further the island is so distant from Sandusky, the nearest port, that it would not be possible before the navigation closes to erect the necessary quarters, hospital, store-houses, &c., which the depot would require.

Middle Bass which is a mile within the outer island has all the objections to it which apply to North Bass, besides having no suitable cleared land upon it. I remained at Put-in-Bay till the next morning and visited the only ground which seemed available for the purpose. On the northwest point which forms the bay there is a space which by including some timbered land about ten acres may be cut off by a fence or wall 200 to 300 yards long from the lake to a slough. The point is a cold, bleak place in winter, exposed to all the prevailing winds. On the other side of the slough is an open piece of ground, about twenty acres, but it could not readily be inclosed. The northeast point of the island could at little expense be cut off from the rest of the island, but it is occupied by a number of families who have planted vineyards which yield at the rate of $200 to $400 per acre and they could not be induced to rent their farms.

At the extreme point is a cleared space of two acres belonging to a tract of forty acres, but if it were suitable for the purpose and could be obtained the presence of the soldiers there would ruin all the vineyards on the island, there being only twenty to thirty families living there who could offer no resistance to the depredations of lawless men. Put-in-Bay is twenty-four miles from Sandusky, too far distant to afford a reasonable hope that the necessary buildings could be put up this winter when it is remembered that the navigation closes ordinarily during the first week in December. This island is also almost entirely cut off from communication with the mainland during the winter and special arrangements would have to be made to secure the guard against a sudden rising of the prisoners.

{p.55}

On the following morning I proceeded to Kelley’s Island where I remained a day. This island is the largest of the group and is extensively cultivated in grapes, being occupied by about 100 families. There are only two locations on the island which seem adapted to the purpose. One is the northeast point embracing about sixty acres. A wall of a hundred yarns in length would cut off forty acres of this, of which about thirty acres mostly covered with timber would answer pretty well for the depot. A narrow neck of land divides two tracts into two parts, and the neck being low is covered with water during the prevalence of the northeast winds to which it is completely open, and during these storms as the sea breaks with great violence on the rocky shore the spray must cover a great part of the point. The soil is shallow on a bed of rock, and when the trees are thinned out to make room for the buildings the large trees which remain would be very apt to be blown down by the high winds. I noticed many on the ground blown down in this way. This point is about three miles from the cultivated part of the island and is connected with the usual landing by an indifferent road. In moderate weather a vessel might lie at a dock on the northwest side of the point. The number of people on this island and the distance from the vineyards would afford some protection against depredations by the guard, assuming that the prisoners could be restricted to this point, but the chances are that trouble would grow out of the proximity of so great a temptation. This land can be obtained for $250 a year including the use of the wood as fuel.

There is another tract on the southwest point of the island of thirty to forty acres very suitable, except that it would have to be inclosed on three sides. A greater difficulty is that it is adjoining large vineyards and a wine and brandy establishment which I fear would be too great a temptation to the guard to be overcome by any sense of right or fear of punishment. This ground can be had for $5 per acre.

The people who live on this island are very willing to do all in their power to serve the Government at this time even at some sacrifice to themselves but I would be very reluctant to advise them to receive even well-disciplined troops on their island with such powerful and convenient inducements before them to lead them astray. This island is twelve miles from Sandusky, and though there may be enough of the season left to give time for the erection of the buildings and getting out a supply of stores for the winter it is a very doubtful matter-barely possible. During the winter months the mail is carried over generally twice a week by a man much experienced in such matters who is most of the time obliged to use a boat which he hauls over the ice when it is strong enough and in which he crosses the open places.

I cannot therefore advise that an attempt be made to establish a depot on any one of the Put-in-Bay Islands this winter, and there are serious objections to their being occupied for this purpose at any time. Kelley’s Island which may be considered one of the group is only four to five miles from the nearest British island, called the East Sister.

I examined also an island in Sandusky Bay opposite the city. It is two and three-quarters miles from the city and on the other side it is a full mile from the mainland. It contains about 300 acres, one-half of which with the privilege of using the fallen timber as fuel can be leased for $500 a year with the entire control of the remainder of the island, so that no person would be permitted to land on it except by permission. There are some forty acres of cleared land affording a good {p.56} site for the buildings fronting on the water toward the city. Its nearness to the city gives great facilities for building and furnishing supplies and it is accessible at all seasons of the year. The only objection to it is that it is too little isolated, but this may be remedied by so inclosing the ground occupied by the prisoners as to confine them there except when they go out by permission. The cost of such a work would be much less than for any similar work on any of the outer islands and is of very little greater extent. The proximity of the city would prevent any possibility of a rising upon the guard, and if any were to escape the neighborhood could be put on the lookout for them by the discharging of a cannon and their recapture would be almost certain. I recommend this island-Johnson’s Island-as decidedly the best location for a depot that I have seen.

I visited Toledo also but it offers no desirable situation, and thinking that Dearborn Arsenal might be made available for the winter I visited it also; but it is too limited in its extent and is too closely surrounded by private land to be a suitable place.

A convenient tract of land may be obtained near Cleveland at $6 per acre and the buildings can be erected at perhaps a less cost than at Sandusky, but the location is objectionable on account of being inland and too easy of access to visitors.

In order to form an estimate of the cost and time necessary to establish a depot I have assumed that one-story wooden buildings framed, covered with shingles, ceiled overhead, and for officers all round, with upright weather-boarding battened would be most suitable and economical. A building 105 feet long, 24 feet broad, with 9-foot walls, divided into three rooms, heated by two stoves in each room, would accommodate 180 men and would cost $800. A building 112 feet long, 29 feet wide, contains twelve rooms, 14 by 16, divided into groups of four rooms by halls, would quarter 48 officers and would cost $1,100. It would lessen the cost somewhat to put two or three buildings of these dimensions together and if they could be built two stories high it would still more diminish the cost. With these estimates as the guide the cost of all the buildings may be approximated. A hospital, store-houses and kitchens will be required and probably mess-rooms as there will be scant room for eating in the quarters. The vicinity to Sandusky of Johnson’s Island would render it unnecessary to have large store-houses on the island. On the outer island stores for three months would have to be kept on hand for the winter.

For a depot on Johnson’s Island I would suggest a substantial plank fence to inclose the ground on three sides, a high open picketing closing the fourth toward the water for security in winter time. A gate at one of the angles with a block-house sufficiently large for the guard. A small block-house also at the angle near the water to guard that front. Sentinels should be posted at suitable points around the inclosure on elevated platforms so that they could overlook the inside grounds. The quarters for the troops in charge should be outside.

Sandusky is a cheap and abundant market for lumber, and I have consulted with-an experienced builder there who will give any required security to put up seventeen buildings of the kind I have described by the 10th of December and at the cost I have named, adding the-cost of delivering the lumber on the island.

The guard for the depot should consist of 100 to 150 men. One officer and about thirty men would be required daily for guard service, and the duty should be performed in the strictest manner. Both blockhouses should be armed with a small howitzer on a suitable carriage {p.57} and canister ammunition. A guard-boat would be required at all times when the bay is free of ice.

The prevalence of stormy weather at this season of the year along the lake shore would greatly retard the work, and I doubt if the necessary buildings could be erected before the 1st of January. Though I propose to heat the rooms with stoves yet brick chimneys would be required for them, and brick furnaces or fireplaces would be needed in the kitchen.

I am, very respectfully, your obedient servant,

W. HOFFMAN, Lieut. Col. Eighth Infantry, Commissary-General of Prisoners.

[First indorsement.]

QUARTERMASTER-GENERAL’S OFFICE, October 23, 1861.

Respectfully referred to the Secretary of War. It is recommended that Johnson’s Island, Sandusky Bay, be rented and buildings for the accommodation of 1,000 prisoners be erected immediately, and that First Lieut. E. W. H. Read, Eighth Infantry, now on parole, be detailed as acting assistant quartermaster and commissary of subsistence for the depot.

M. C. MEIGS, Quartermaster. General.

[Second indorsement.]

ADJUTANT-GENERAL’S OFFICE, October 26, 1861.

Respectfully returned to the Quartermaster-General with information that the Secretary of War approves of the recommendations in the within report and directs him to take such measures as may be necessary for having them carried into execution.

L. THOMAS, Adjutant-General.

[Third indorsement.]

Respectfully returned to the Adjutant-General with request to order Lieutenant Read, Eighth Infantry, to report to Colonel Hoffman as acting assistant quartermaster and commissary of the depot. Colonel Hoffman is now in New York.

M. C. MEIGS, Quartermaster-General.

[Inclosure.]

Estimate for depot buildings at Johnson’s Island, Sandusky Bay.

Quarters for eight officers$1,800
5 cooking stoves for officers150
12 common stoves140
4 two-story buildings, to quarter 1,000 men (1,080 men), at $1,400 apiece, each building to accommodate 270 men with sleeping and mess-room5,600
12 cooking stoves, at $50600
36 common stoves, at $12432
Hospital1,100
1 cooking stove50
6 common stoves72 {p.58}
Quarters for guards$1,000
2 cooking stoves100
6 common stoves72
Block-house for daily guard500
Store-house1,000
Fencing400
Small block-house200
Out-houses500
Work on fencing, &c500
Miscellaneous5,000
19,216

W. HOFFMAN, Lieut. Col. Eighth Infantry, Commissary-General of Prisoners.

Add to the above-

Quarters for 200 officer prisoners$5,000
Mess-rooms and kitchens for officer prisoners1,000
10 cooking stoves300
60 common stoves750
26,266

W. H.

–––

Trial of William Smith for piracy.

In the circuit court of the United States in and for the eastern district of Pennsylvania, in the third circuit, October session, 1861.

OCTOBER 22, 1861.

Mr. ASHTON. I move, your honors, for the arraignment of William Smith who is charged in bill of indictment (circuit court, No. 88, October sessions) with the crime of piracy.

Judge GRIER. Is William Smith present?

Mr. ASHTON. Yes, Sir.

Judge GRIER. Very well. Let him be arraigned.

The prisoner stepped forward to the bar and the clerk of the court read to him the bill of indictment as follows:

In the district court of the United States in and for the eastern district of Pennsylvania, in the third circuit, of August sessions, in the year 1861.

EASTERN DISTRICT OF PENNSYLVANIA, ss:

The grand inquest of the United States of America inquiring within and for the eastern district of Pennsylvania, in the third circuit, on their oaths and affirmations respectively do present that William Smith, late of the said district, mariner, on the 6th day of July, in the year of our Lord 1861, upon the high seas out of the jurisdiction of any particular State, within the admiralty and maritime jurisdiction of the said United States of America and within the jurisdiction of this court, did with force and arms piratically, feloniously and violently set upon, board, break and enter a certain vessel, to wit, a schooner called the Enchantress, the same being then and there owned in whole or in part by a citizen or citizens of the United States of America whose name or names are to the inquest aforesaid unknown, and did then and there in and on board of the said schooner called the Enchantress, in and upon one John Devereux, then and there being a mariner and then and there being one of the ship’s company of the said schooner called the Enchantress and then and there master and commander thereof, and in and upon Charles W. Page, John Devereux, Jr., Joseph Taylor, Antoine, a Portuguese, Peter, a German, and Jacob Garrick, each {p.59} then and there being a mariner and one of the ship’s company of the said schooner called the Enchantress, piratically, feloniously and violently make an assault, and them did then and there, in and on board of the said schooner called the Enchantress upon the high seas aforesaid out of the jurisdiction of any particular State and within the jurisdiction of this court, piratically, feloniously and violently put in bodily fear and danger of their lives; and the said schooner called the Enchantress and the tackle, apparel and furniture thereof of the value of $3,000, together with 75 sacks of corn, 100 barrels of mackerel, 170 grindstones, 50 boxes of candles, 23,000 feet of white pine boards, 200 covered hams, 30 tierces of lard, 50 barrels of clear pork, 200 quarter boxes of soap, 240 half boxes of candles and one package of glassware of the value of $10,000, of the goods, chattels and personal property of certain persons whose names are to the inquest aforesaid unknown, the said last-mentioned goods, chattels and merchandise being then and there in and on board of the said schooner called the Enchantress and being then and there the lading thereof, and the said schooner called the Enchantress, and the tackle, apparel and furniture thereof, and the said goods, chattels and personal property in and on board of said schooner called the Enchantress then and there upon the high seas aforesaid out of the jurisdiction of any particular State and within the jurisdiction of this court, being under the care and custody and in the possession of the said John Devereux, Charles W. Page, John Devereux, Jr., Antoine, a Portuguese, Peter, a German, and Jacob Garrick and Joseph Taylor, the said William Smith, from the care, custody and possession of the said John Devereux, Charles W. Page, John Devereux, Jr., Joseph Taylor, Antoine, a Portuguese, Peter, a German, and Jacob Garrick then and there, to wit, upon the high seas aforesaid out of the jurisdiction of any particular State and within the jurisdiction of this court, piratically, feloniously and by force and violence and against the will of the mariners aforesaid did steal, seize, rob, take and run away with against the form of the statute of the said United States of America in such case made and provided and against the peace and dignity of the United States.

And the inquest aforesaid inquiring as aforesaid upon their respective oaths and affirmations aforesaid do further present that the said William Smith, on the 6th day of July, in the year of our Lord 1861, upon the high seas out of the jurisdiction of any particular State, within the admiralty and maritime jurisdiction of the said United States of America and within the jurisdiction of this court, did with force and arms piratically, feloniously and violently set upon, board, break and enter a certain American vessel, to wit, a schooner called the Enchantress, the same being then and there owned in part by Benjamin Davis, Jr., Richard Plummer, John T. Page, Ezekiel Evans, J. B. Creasy, J. W. Creasy and E. M. Rend, then citizens of the said United States of America, and did then and there in and on board of the said schooner called the Enchantress in and upon one John Devereux, then and there being a mariner and one of the ship’s company of the said schooner called the Enchantress, and master and commander thereof, and in and upon divers other persons whose names are to the jurors aforesaid unknown, piratically, feloniously and violently make an assault, and them did then and there in and on board of the said schooner called the Enchantress upon the high seas aforesaid out of the jurisdiction of any particular State and within the jurisdiction of this court, piratically, feloniously and violently put in bodily fear and danger of their lives; and the said schooner called the Enchantress and the tackle, apparel and furniture thereof of the value of $3,000, of the goods, chattels and personal property of Benjamin Davis, Jr., Richard Plummer, John T. Page, Ezekiel Evans, J. B. Creasy, J. W. Creasy and B. M. Read, citizens of the United States of America, and 75 sacks of corn, 100 barrels of mackerel, 170 grindstones, 50 boxes of candles, 23,000 feet of white pine boards, 200 covered hams, 30 tierces of lard, 50 barrels of clear pork, 200 quarter boxes of soap and package of glassware of the value of $5,000, of the goods, chattels and personal property of William H. Greeley, the said last-mentioned goods, chattels and merchandise being then and there on board of the said schooner called the Enchantress and being then and there the lading thereof, and the said schooner called the Enchantress and the tackle, apparel and furniture thereof, and the lading of the said schooner then and there upon the high seas aforesaid out of the jurisdiction of any particular State and within the jurisdiction of this court, being under the care and custody and in possession of the said John Devereux and the said divers other persons, mariners as aforesaid whose names are to the inquest aforesaid unknown, the said William Smith from the care, custody and possession of the said John Devereux and the said divers other persons, mariners as aforesaid, whose names are to the inquest aforesaid unknown, then and there upon the high seas aforesaid out of the jurisdiction of any particular State and within the jurisdiction of this court, piratically, feloniously and by force and violence and against the will of the said John Devereux and the said divers other persons, mariners as aforesaid, whose names are to the inquest aforesaid unknown, did steal, seize, rob, take and run away with against the form of the statute of the said United States of America in such case made and Provided and against the peace and dignity of the United States.

{p.60}

And the inquest aforesaid inquiring as aforesaid upon their respective oaths and affirmations aforesaid do further present that the said William Smith, on the 6th day of July, in the year of our Lord 1861, on the high seas out of the jurisdiction of any particular State, within the admiralty and maritime jurisdiction of the said United States of America and within the jurisdiction of this court, did with force and arms piratically, feloniously and violently set upon, board, break and enter a certain schooner called the Enchantress, the same being then and there owned by certain persons, citizens of the United States of America, to wit, Benjamin Davis, jr., Richard Plummer, John T. Page, Ezekiel Evans, J. B. Creasy, J. W. Creasy and E. M. Read, and did then and there in and upon certain divers persons whose names are to the inquest aforesaid unknown, the said last-mentioned persons each being then and there a mariner and of the ship’s company of the said schooner called the Enchantress, piratically, feloniously and violently make an assault and them did then and there in and on board of the said schooner called the Enchantress upon the high seas aforesaid, without the jurisdiction of any particular State and within the jurisdiction of this court, piratically, feloniously and violently put in bodily fear and danger of their lives; and the said schooner called the Enchantress and the tackle, apparel and furniture thereof of the value of $3,000, of the goods, chattels and personal property of the said Benjamin Davis, jr., Richard Plummer, John T. Page, Ezekiel Evans, J. B. Creasy, J. W. Creasy and E. M. Read, and 100 barrels of mackerel, 170 grindstones and 23,000 feet of white pine boards of the value of $5,000, of the goods, chattels and personal property of William H. Greeley, from the said divers persons, mariners as aforesaid, whose names are to the inquest aforesaid unknown, in their presence and against their will then and there upon the high seas aforesaid out of the jurisdiction of any particular State and within the jurisdiction of this court, piratically, feloniously and violently take, seize, rob, steal and carry away against the form of the statute of the said United States of America in such case made and provided and against the peace and dignity of the said United States.

And the inquest aforesaid inquiring as aforesaid upon their respective oaths and affirmations aforesaid do further present that the said William Smith, on the 6th day of July, in the year of our Lord 1861, upon the high seas out of the jurisdiction of any particular State, within the admiralty and maritime jurisdiction of the said United States of America and within the jurisdiction of this court, did with force and arms piratically, feloniously and violently set upon, board, break and enter a certain vessel, to wit, a schooner called the Enchantress, the same being then and there owned by certain persons, citizens of the United States of America, to wit, Benjamin Davis, jr., Richard Plummer, John T. Page, Ezekiel Evans, J. B. Creasy, J. W. Creasy and E. M. Read, and did then and there in and upon certain divers persons whose names are to the inquest aforesaid unknown, the said last-mentioned persons each being then and there a mariner and of the ship’s company of the said schooner called the Enchantress, piratically, feloniously and violently make an assault and them did then and there in and on board of the said schooner called the Enchantress upon the high seas aforesaid, without the jurisdiction of any particular State and within the jurisdiction of this court, piratically, feloniously and violently put in bodily fear and danger of their lives; and the said schooner called the Enchantress and the tackle, apparel and furniture thereof, of the value of $3,000, of the goods, chattels and personal property of the said Benjamin Davis, jr., Richard Plummer, John T. Page, Ezekiel Evans, J. B. Creasy, J. W. Creasy and B. M. Read, and 100 barrels of mackerel, 170 grindstones and 23,000 feet of white pine boards of the value of $5,000, of the goods, chattels and personal property of William II. Greeley, from the said divers persons, mariners as aforesaid, whose names are to the inquest aforesaid unknown, in their presence and against their will then and there upon the high seas aforesaid, out of the jurisdiction of any particular State and within the jurisdiction of this court, piratically, feloniously and violently take, seize, rob, steal and carry away against the form of the statute of the said United States of America in such case made and provided and against the peace and dignity of the said United States.

And the inquest aforesaid inquiring as aforesaid upon their respective oaths and affirmations aforesaid do further present that the said William Smith, on the 6th day of July, in the year of our Lord 1861, upon the high seas out of the jurisdiction of any particular State, within the admiralty and maritime jurisdiction of the said United States of America and within the jurisdiction of this court, did with force and arms piratically, feloniously and violently set upon, board, break and enter a certain vessel, to wit, a schooner called the Enchantress, and in and upon one John Devereux, then and there being in and on board of the said schooner called the Enchantress and being a mariner and master and commander of the said schooner called the Enchantress, and the said John Devereux, then and there being a citizen of the said United States of America, did then and there piratically, feloniously and violently make an assault and him, the said John Devereux, did then and there upon the {p.61} high seas aforesaid and out of the jurisdiction of any particular State and within the jurisdiction of this court, piratically, feloniously and violently put in great bodily fear and danger of his life; and the said schooner called the Enchantress, and the tackle, apparel and furniture thereof of the value of $3,000, and 75 sacks of corn, 100 barrels of mackerel, 170 grindstones, 50 boxes of candies, 23,000 feet of white pine boards, 200 covered hams, 30 tierces of lard, 50 barrels of clear pork, 200 quarter boxes of soap, 240 half boxes of candies and one package of glassware of the value of $10,000, the same being then and there of the lading of the said schooner called the Enchantress of the goods, chattels and personal property of the said John Devereux, in his presence and against his will did piratically, feloniously and violently take, seize, rob, steal and carry away, against the form of the statute of the United States of America in such case made and provided, and against the peace and dignity of the said United States.

And the inquest aforesaid inquiring as aforesaid upon their oaths and affirmations aforesaid do further present that the said William Smith, on the 6th day of July, in the year of our Lord 1861, upon the high seas out of the jurisdiction of any particular State, within the admiralty and maritime jurisdiction of the United States of America and within the jurisdiction of this court in and upon one John Devereux, then and there being a citizen of the said United States, and he, the said John Devereux, then and there being in and on board of a certain vessel of the United States of America, to wit, a schooner called the Enchantress, and the said schooner being then and there upon the high seas aforesaid, did piratically, feloniously and violently make an assault and him, the said John Devereux, did then and there upon the high seas aforesaid out of the jurisdiction of any particular State, piratically, feloniously and violently put in bodily fear and danger of his life; and the said schooner called the Enchantress, and the tackle, apparel and furniture thereof of the value of $3,000, and 75 sacks of corn, 100 barrels of mackerel, 170 grindstones, 50 boxes of candies, 23,000 feet of white pine boards, 200 covered hams, 30 tierces of lard, 50 barrels of clear pork, 200 quarter boxes of soap, 240 half boxes of candles and one package of glassware of the value of $10,000, of the goods, chattels and personal property of the said John Devereux, from the said John Devereux and in his presence and against his will then and there on the high seas aforesaid and out of the jurisdiction of any particular State and within the jurisdiction of this court did piratically, feloniously and violently seize, rob, steal, take and carry away against the form of the statute of the United States of America in such case made and provided and against the peace and dignity of the United States.

And the inquest aforesaid inquiring as aforesaid upon their respective oaths and affirmations aforesaid do further present that the said William Smith, on the 6th day of July, in the year of our Lord 1861, upon the high seas out of the jurisdiction of any particular State and within the admiralty and maritime jurisdiction of the said United States of America and within the jurisdiction of this court, did with force and arms piratically, feloniously and violently set upon, board, break and enter a certain vessel, being a schooner called the Enchantress, then being a vessel belonging to certain persons to the said inquest unknown, and then and there piratically, feloniously and violently did assault certain mariners whose name& to the said inquest are also yet unknown, in the same vessel and in the peace of the said United States then and there being, and then and there upon the high seas aforesaid, out of the jurisdiction of any particular State and within the jurisdiction of this court, piratically, feloniously and violently the said mariners, in and on board of said schooner called the Enchantress then and there being, did put in bodily fear and danger of their lives; and the said schooner called the Enchantress, and the apparel, tackle and furniture of the same of the value of $3,000, together with 75 sacks of corn, 100 barrels of mackerel and 50 boxes of candies of the value of $5,000, then being in and on board the same vessel and then and there of the lading thereof, of the goods, chattels and personal property of certain persons to this inquest unknown, and then and there upon the high seas aforesaid out of the jurisdiction of any particular State and within the jurisdiction of this court, being under the care and custody and in the possession of the mariners aforesaid, he, the said William Smith, from the care, custody and possession of the mariners aforesaid then and there, to wit, upon the high seas aforesaid out of the jurisdiction of any particular State and within the jurisdiction of this court, piratically, feloniously and by force and violence and against the will of the mariners aforesaid did steal, seize, rob, take and run away with against the form of the statute of the said United States of America in such case made and provided and against the peace and dignity of the United States.

And the inquest aforesaid inquiring as aforesaid upon their respective oaths and affirmations aforesaid do further present that the eastern district of Pennsylvania, in the third circuit is the district and circuit into which the said William Smith was first brought and in which he was first apprehended for the said offenses.

GEO. A. COFFEY, Attorney for the United States for the Eastern District of Pennsylvania.

{p.62}

[The indictment was regularly certified from the district to the circuit court.]

At the conclusion of the reading of each count of the indictment the prisoner pleaded not guilty.

The CLERK. William Smith, how will you be tried?

The PRISONER. By God and the country.

The CLERK. God send you a good deliverance.

The jurors’ names were then drawn from the box and finally a jury was obtained, composed as follows:

1. Horatio Jones, gentleman, of Reading, Berks County.

2. Lewis B. Fritz, gentleman, Hatborough, Montgomery County.

3. William Kinsey, gentleman, Bristol, Bucks County.

4. Alfred J. White, clerk, Philadelphia.

5. John Franklin, machinist, Philadelphia.

6. John R. Paul, varnisher, Philadelphia.

7. John P. Miller, gentleman, Reading, Berks County.

8. John Logan, lime dealer, Philadelphia.

9. Joseph Stoney, gentleman, Conshohocken, Montgomery County.

10. Jonathan Chapman, engineer, Philadelphia.

11. Samuel S. Tomkins, trunk maker, Philadelphia.

12. Simon Mudge, collector, Philadelphia.

The jurors having all been sworn or affirmed well and truly to try the case and a true deliverance to make according to the evidence,

Mr. Ashton opened the case for the United States. [Address omitted.]

At the request of the counsel for the defense the court ordered that during the examination of any witness the remaining witnesses should not be present in the court room. Accommodations were provided for them in the clerk’s office.

BENJAMIN DAVIS called and sworn and examined by Mr. ASHTON:

Question. Where do you reside?

Answer. In Newburyport.

Question. You are part owner of the schooner Enchantress?

Answer. I am.

Question. Where was she built?

Answer. At Newburyport.

Question. In what year?

Answer. In May, 1858.

Question. Where was she registered?

Answer. She was enrolled at Newburyport.

Question. Are all her owners citizens of the United States?

Answer. They are; and of Newburyport as far as I know.

Question. Who are the owners of the vessel?

Answer. It would be almost impossible for me to swear to it because oftentimes bills of sale of that kind of property are held by persons that we know not of. I own myself five-sixteenths of the Enchantress.

Question. Have you the evidences of your ownership?

Answer. I have.

Question. Have you got them here?

Answer. I have.

{p.63}

Question. Is Mr. Creasy one of the owners?

Answer. I presume the owners are Messrs. Richard Plummer, John T. Page, Enoch M. Read, J. B. and J. W. Creasy, J. F. and Thomas Atwood and myself.

Question. Has she always sailed under the flag of the United States?

Answer. She has as far as I know. Her papers show it so anyhow.

Question. Where is she now enrolled or registered?

Answer. She is now registered in the port of New York under a temporary register.

Question. Where was she registered on the 6th day of July, the time of her capture?

Answer. She has been under register from the port of New York I think for nearly two years past.

Question. Who was her captain upon the 6th of July?

Answer. John Devereux, of Newburyport.

Question. Who was her mate?

Answer. Charles W. Page.

Question. Who were her sailors?

Answer. I do not know.

Question. What was the value of the schooner?

Answer. Her cost at the time she was built, three years since, was about $9,000.

Question. What do you suppose her value was at the time of her capture?

Answer. She has been valued in this city since her return at some $5,000 or $6,000.

Question. On what day did she last sail from Boston?

Answer. She sailed from Boston on the 1st day of July as far as I know. I was not present at her sailing. I presume she sailed then as the captain wrote me on that day that he was about to do so.

Question. The schooner Enchantress is an American vessel?

Answer. Yes, sir.

No cross-examination.}

JOHN L. PRIEST called and sworn and examined by Mr. ASHTON:

Question. Where do you reside, Mr. Priest?

Answer. In Boston, Mass.

Question. Do you know the schooner Enchantress?

Answer. I do.

Question. How long have you known her?

Answer. Since about the 20th of June last, I think, when I chartered her for a voyage from Boston to Saint Jago de Cuba and back.

Question. Then the connection which you had with her on the 6th of July was that of her charterer?

Answer. I was her charterer and shipper of a portion of her cargo.

Question. Do you know what the cargo of the Enchantress was upon the 6th of July?

Answer. I know some of the articles. I have a general idea of the cargo; I saw part of it loaded.

{p.64}

Question. Would you recognize the bills of lading for that cargo?

Answer. Yes, sir.

Question. Do you know whether there were on board of her seventy-five sacks of corn?

Answer. Yes, sir; I shipped them.

Mr. HARRISON (to Mr. ASHTON). I would rather you should ask the witness what he knows and put the questions in a less suggestive form.

Mr. ASHTON. It is impossible for the witness to remember the contents of all the bills of lading.

Judge CADWALADER. Perhaps he may.

Mr. ASHTON (to the witness). Give us if you can the articles of the cargo.

Answer. I can speak definitely in regard to the shipment of seventy-five sacks of corn. I shipped them myself, and saw them put on board myself.

Question. What other things do you remember?

Answer. There were also about 20,000 feet of lumber put on the deck of the vessel-white pine and oak lumber in the form of boards. I saw it shipped myself.

Question. What other things do you recollect?

Answer. There were also sundry barrels of mackerel, boxes of candles and barrels of hams.

Question. Do you remember any other thing?

Answer. My recollection is more positive in regard to those.

Question. Was there any lard on board the vessel?

Answer. There was.

Question. Any pork?

Answer. There was.

Question. Was there any soap?

Answer. There was, I know. I saw most of the bills of lading when they were made out and the freight list also.

Question. Was there any glassware on board the vessel?

Answer. I think there was.

Question. Do you remember the names of the shippers of the cargo?

Answer. I do of a good portion of the cargo. Messrs. Greeley & Sons, of Boston, shipped quite a quantity of mackerel, boxes of candles and white pine boards. The firm of Jacobs & Son, of Boston, shipped a quantity of pork. The Boston Sandwich Glass Company shipped a quantity of glassware.

Question. Do you remember the names of any of the other shippers?

Answer. No, sir.

Question. Were all these persons whom you have mentioned citizens of the United States?

Answer. They were citizens of the United States; merchants doing business in Boston.

Question. About what time was that cargo shipped on board?

Answer. I think the vessel commenced loading about the 25th of June.

Question. When was her cargo taken on board entirely?

Answer. I think it was finished on Saturday evening, the 30th of June. I think she sailed from Boston on Monday, the 2d of July.

{p.65}

Question. And that cargo was on board of her so far as you know on the 6th of July?

Answer. I presume that it was. It was on board the 2d and must have been on board on the 6th.

Mr. WHARTON. Von did not go with the vessel?

The WITNESS. I did not go with the vessel. I saw the vessel partly loaded and was down on the wharf when she completed her loading.

Mr. ASHTON. Did you ever see the bills of lading for the articles on board the vessel shipped by Mr. Greeley?

Answer. I have seen most of the bills of lading, having had the freight list made out from them.

Question. Are these the bills of lading for Mr. Greeley’s articles? [Exhibiting to the witness a number of bills of lading.]

Answer. These are the bills of lading of the goods shipped by Mr. Greeley.

Mr. WHARTON. One moment about that. How do you know that, Mr. Priest?

Answer. I chartered the vessel and made out a freight list of the articles.

Mr. WHARTON. I want to know how you know these particular papers?

The WITNESS. I saw these papers originally in Boston before Captain Devereux signed them.

Mr. WHARTON. Before they were signed?

The WITNESS. I saw them before and after. I knew that such articles were to be shipped and saw them.

Mr. ASHTON. It is not important.

Mr. WHARTON. I do not know that it is important but the district attorney seemed to suppose it was important to have these particular papers identified. I do not understand that what the witness says gives any validity to the papers. All that he says is that he saw them on a prior occasion.

The WITNESS. I presume these are the same.

Judge CADWALADER. I do not see that it is very important on either side.

Mr. WHARTON. I do not know that it is. I presume the witness has not that particular knowledge which would justify those particular papers going in.

Mr. ASHTON. Mr. Priest, the articles you have mentioned, so far as you know, were on board the vessel on the 6th of July, 1861.

The WITNESS. As far as I know they were.

Question. They were on board of her when the vessel left the port?

Answer. They were on board when she left Boston.

Question. Is Mr. Greeley a resident of Boston?

Answer. Yes, sir.

Cross-examined by Mr. WHARTON:

Question. To whom was she consigned?

Answer. To the house of Masperan, Prenard & Co., of Saint Jago de Cuba.

Question. For what purpose was the cargo sent there?

Answer. For the purpose of sale.

{p.66}

Question. On your account?

Answer. Part of the goods were on my account. Some of them were sent on freight by these various Boston shippers.

Question. What was her tonnage?

Answer. I think her tonnage was about 180 tons.

Question. Where was she to go after leaving Saint Jago?

Answer. She was to procure freight or to be loaded with sugar on my account and return to Boston or some Northern port in the United States.

Question. Have you the charter with you?

Answer. I gave the charter to Mr. Woodbury, the U. S. commissioner in Boston, and I understood him to say that he had sent it on with the other papers to Philadelphia.

Mr. ASHTON. To whom?

The WITNESS. To Mr. Morton P. Henry. I asked Mr. Woodbury for it when he wished me to come on here as a witness. He told me he did not find it among his papers and he thought he had sent it on. He did not think it material.

Mr. ASHTON. I have not seen it.

Mr. WHARTON. That has nothing to do with the transaction I suppose. I presume it must have been some other affair of business; was it?

The WITNESS. I think it had something to do with the release of the vessel.

Mr. ASHTON. The question of salvage was it not?

The WITNESS. I think so.

CHARLES W. PAGE called and sworn and examined by Mr. ASHTON:

Question. Where do you reside, Mr. Page?

Answer. In Newburyport.

Question. Do you know the schooner Enchantress?

Answer. I do.

Question. What was your connection with that schooner on the 6th of July, 1861?

Answer. I was first officer of her.

Question. When did she sail from Boston on that voyage?

Answer. The 1st day of July.

Question. Who was the captain of the schooner?

Answer. Capt. John Devereux.

Question. Who were the mariners on board the schooner?

Answer. Joseph Taylor, John Devereux, Antoine, a Portuguese, I do not recollect his last name; Peter, a German, his last name I do not recollect, and Jacob Garrick, a colored man, the cook.

Question. This John Devereux whom you mention now was not the captain?

Answer. The captain’s son.

Question. Then the captain was named John Devereux and one of the mariners was John Devereux, jr.?

Answer. Yes, sir.

Question. When was her cargo taken on board?

Answer. During the last week in June.

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Question. Of what did that cargo consist?

Answer. A general cargo of provisions.

Question. Did you superintend the taking in of the cargo?

Answer. I did.

Question. Can you enumerate some of the articles that were on board of the schooner that were taken on board at the time you have mentioned?

Answer. Codfish, mackerel, ham, candies, crockery ware, hardware.

Question. Do you remember any other articles?

Answer. I think there was some soap.

Question. Were there any grindstones on board?

Answer. There were.

Question. Were there any white pine boards?

Answer. Yes, sir.

Question. Was there any lard?

Answer. There was.

Question. Was there any clear pork?

Answer. There was pork on board.

Question. Was there any glassware?

Answer. Yes, sir.

Question. Was there any corn?

Answer. Yes.

Question. In what form was that corn? How was it placed on board?

Answer. In bags; sacks.

Question. Do you recollect the precise quantities of the articles that you have mentioned?

Answer. I do not.

Question. Do you know who were the owners or shippers of this cargo?

Answer. I do not.

Question. How was this cargo laden? Was some of it on deck or all of it below?

Answer. All below but the lumber. Most of the lumber was on deck

Question. For what place did the Enchantress clear?

Answer. Saint Jago, Cuba.

Question. And on what day?

Answer. I cannot tell you the day she cleared. She sailed on the 1st of July.

Question. What happened to the vessel on the 2d of July, if anything?

Answer. There was a gale of wind on the morning of the 2d and she put back.

Question. Was any of her cargo unladen when she put back.

Answer. No, sir.

Question. When did she sail again?

Answer. On the 3d.

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Question. What was the position of the vessel upon the 6th of July at sea? What was her latitude and longitude?

Answer. On the 6th day of July at 12 o’clock her latitude was 38 degrees 52 minutes north and her longitude 69 degrees 15 minutes west.

Question. How far from shore was she?

Judge CADWALADER (to Mr. ASHTON). You can fix that by the chart if it becomes important.

Mr. ASHTON (to the witness). Do you know the chart of the Enchantress?

Answer. Yes, sir; I have seen it.

Question. To whom did the chart of the Enchantress belong?

Answer. I do not know.

Question. Is that the chart of the Enchantress? [Exhibiting it.]

Answer. Yes, sir.

Question. Now look at that chart and tell us how far this vessel was from the coast on the 6th of July at 12 o’clock.

Judge CADWALADER. There is no difficulty in supposing that the vessel was on the high seas. That is evident from what he has already sworn to.

Judge GRIER. We take it for granted that she had not run on shore.

The WITNESS (having measured the distance on the chart by the compass). She was about 250 miles from the shore.

Mr. ASHTON. On the high seas?

Answer. Yes, sir.

Question. What were the incidents of that day, the 6th of July, on board the schooner Enchantress? Be good enough if you please to give deliberately and fully to the court and jury the occurrences on board the schooner on that day.

Answer. On that day things went on as usual on board up to about 2 o’clock in the afternoon, when we descried a sail to windward: We could just make out that she was a square-rigged vessel. We kept on our course. We gradually gained upon her, and we found that she was a square-rigged brig. She was standing so as to cross our how. When within about a mile I should judge she hoisted the French flag. We hoisted the Stars and Stripes. We still kept on our way thinking she might be a French vessel that wanted to get news from the United States. When within about half a mile she altered her course and ran toward us. The vessel was hauled to the wind, her studding sails lowered and we were ordered to heave to.

Question. As a mariner, Mr. Page, state what was the object of this maneuver with the sails.

Answer. Hauling his vessel to the wind he had to lower his studding sails. To take them back would have retarded his progress.

Question. He ordered you to do what?

Answer. To heave to. Captain Devereux told him that he could not heave to in the position he was. He said: “I will cross your bow and run to windward and heave to,” We did so; went to windward of him and hove to. He immediately lowered a boat. The boat came alongside of us with an officer and some six men.

Question. How far was the Enchantress from this vessel at that time?

Answer. Perhaps some seven or eight times her length; I could not state the exact distance. It was within hailing distance. I stood in the gangway of the Enchantress. The officer when he came over the gangway said to one of his own men: “Haul down the flag in the main rigging.”

{p.69}

Question. That was your flag?

Answer. Yes, sir.

Question. Did the man obey the order?

Answer. He did.

Question. The flag was removed?

Answer. Yes, sir.

Question. Where did those men post themselves when they came on board the Enchantress?

Answer. The men went all over the vessel-anywhere they chose. The officer went aft to the captain.

Question. Did he ask you for the captain?

Answer. He asked me where the captain was. I told him he was aft.

Question. Did you hear what he said to the captain?

Answer. I did.

Mr. WHARTON. Would it not be better to let him tell his whole story himself? Oftentimes the incidents in regular order may present a different impression from the same incidents brought out by various questions not pursuing the exact order of events.

Judge GRIER. The best way is to let the witness tell his story and then ask him as to anything he has omitted.

Mr. ASHTON. That is exactly what I wanted. (To witness.) Go on with your statement.

The WITNESS. The officer asked our captain where he was from and where bound and what was his cargo. The captain told him. He then said, “I will thank you for your papers, captain; you are a prize of the Confederate brig Jeff. Davis; get ready to go on board of her.” The officer asked if I was the mate of the vessel. I told him I was. Said he: “Show me where your stores are.” I showed him. He took two of his men down into the cabin and they took out whatever stores they wanted and put them into their boat. They then took the Enchantress’ crew (with the exception of Captain Devereux, his son and myself) into the boat. The lieutenant and three men remained on board the schooner.

Judge CADWALADER. When you say lieutenant you mean the boarding officer?

The WITNESS. Yes, sir; the lieutenant of the Jeff. Davis. Three men rowed back to the privateer with all our men except Captain Devereux, his son and myself. Some half hour’s time elapsed and they came back to our vessel with the prize crew, five men. The lieutenant then gave Captain Devereux, his son and myself orders to get ready to go In the boat. We put our things in the boat and got in ourselves, and they rowed us to the brig and we went on board.

Mr. ASHTON. Now let me interrupt you at this point and ask you if the defendant, the prisoner at the bar here, was one of those five men?

Answer. He was, sir.

Judge GRIER. One of the five who were left in the possession of your vessel? Is that what you mean?

Answer. Yes, sir; they were left in possession of our vessel.

Mr. ASHTON. Let me ask you another question before you go on. Was any member of the Enchantress’ crew brought back in that boat?

Answer. Yes, sir; Jacob Garrick, the negro cook. He came back in the boat that brought the prize crew on board-The officer asked the prisoner at the bar what they brought him back for. He said the captain would not have him on board the brig and the prisoner at the bar said, “He will fetch $1,500 when we get him into Charleston.”

Question. You went on board the brig?

Answer. Yes, sir.

{p.70}

Question. In whose possession was the Enchantress at that time?

Answer. The prize crew from the brig.

Question. And there was no member of the Enchantress’ crew except Jacob Garrick on board of her then?

Answer. None.

Question. Was the cargo on board of the schooner to which you have referred in the possession of the defendant and the other four men?

Answer. It was.

Question. Was any portion of that cargo removed by you or by Captain Devereux or any of you?

Answer. There was not.

Question. What did you take with you to the brig?

Answer. We took our clothes.

Question. The clothes you had on?

Answer. All our clothes that belonged to us.

Question. Were the charts of the vessel and the instruments of navigation left on board?

Answer. They would not let us take them.

Question. Who would not let you take them?

Answer. The prize crew and the officer of the brig said we must leave everything on board in the schooner-the nautical instruments, charts, &c.

Question. When you went on board the brig Jeff. Davis what was her condition in regard to arms?

Answer. She carried five guns, two on each side, and-

Question. What was their caliber?

Answer. I could not swear in their caliber, but I heard some of them say they were two 18s, two 12-pounders and one long 18 amidships (a pivot gun).

Question. What was the number of her crew?

Answer. About 100 men and officers.

Question. Was there any cargo on board of her that you saw?

Answer. None that I saw.

Question. You have seen men-of-war, Mr. Page; was she manned and equipped as a vessel of war?

Answer. She was, to the best of my judgment.

Question. Now, to return, when the Enchantress hove to how many hundred yards was this vessel from her?

Answer. A very short distance; I cannot state exactly.

Question. Could you from the deck of the Enchantress see the brig very plainly or not?

Answer. We could.

Question. Could you see the men on her?

Answer. We saw perhaps some twelve or fifteen when she first ordered us to heave to.

Question. You say this gun amidships was a pivot gun. In what position was it?

Answer. It was pointed at us, and as we went across his how to go to windward to heave to he swiveled his gun around-kept it to balance all the time.

{p.71}

Question. Did you see the men about the gun?

Answer. I did.

Question. What did they seem to be doing?

Answer. To be ramming home a cartridge.

Question. Were there any arms on board the Enchantress?

Answer. There was one musket.

Question. Was that all?

Answer. That was all.

Question. What time did you leave the Enchantress?

Answer. As near as I could judge about 7.30 o’clock in the evening.

Question. Was it dark?

Answer. Just getting dark.

Question. How long did it take you to get to the brig?

Answer. Some fifteen or twenty minutes. It was about 5 o’clock when we got on board the brig.

Question. During the time you were on board the brig were you down in the cabin?

Answer. I was.

Question. What did you see there?

Answer. All sorts and descriptions of arms all around the cabin hung up in racks.

Question. Small-arms-pistols and things of that sort?

Answer. Pistols, cutlasses, rifles.

Question. You have spoken of the men on board her. Were there any marines on board her?

Answer. There were what they called marines.

Question. Armed with muskets or not?

Answer. Sometimes they would be allowed to have muskets and sometimes they would go without them on board the vessel.

Question. Where were those marines posted when you went on board the brig?

Answer. I could not state. It being dark I did not recognize them.

Question. You and Captain Devereux and his son were on board the Jeff. Davis. Who else?

Answer. The remainder of the Enchantress’ crew.

Question. How long did you remain on board that brig?

Answer. I was on board her from the evening of the 6th of July until the evening of the 9th.

Question. As a prisoner?

Answer. As a prisoner.

Question. How happened it that you were released from this imprisonment?

Answer. They captured a ship called the Mary Goodell on the afternoon of the 9th, and the captain of the brig told us we could get ready to go on board her as he would release us.

Question. Did the captain give any reason for that?

Answer. He said that the ship was so large that they could not do anything with her; they could not get her into any Southern port.

{p.72}

Question. How large was she?

Answer. A ship I should judge of between 800 and 900 tons. They let all our crew go except two whom they kept on board the privateer.

Question. Were any other of the prisoners on board the brig released at the same time?

Answer. They were.

Question. Who were they?

Answer. Captain Fifield, of the brig John Welsh, Thomas Ackland, his mate, and a boy that belongs in Philadelphia who was with Captain Fifield; I do not know his name.

Question. When you went on board the brig did you find these persons there?

Answer. I did.

Question. As prisoners or as mariners of the brig?

Answer. As prisoners taken that morning.

Question. During the three days you were on board the brig had you an opportunity of knowing something about her conduct?

Answer. I had.

Question. What did the captain say or anybody on board the vessel connected with her say was the object of her voyage?

Mr. WHARTON. What is that?

Mr. ASHTON. I want to know whether anything was said by the officers or persons in control of the vessel as to the object of her voyage.

Mr. WHARTON. After this man Smith was on board?

Mr. ASHTON. Either before or afterwards.

Mr. WHARTON. We object to that.

Mr. ASHTON. If your honors please we have shown the relations between this prisoner and the persons on board the vessel in the nature of a conspiracy and I take it that the words of one bind the other.

Judge GRIER. So far as they are part of the res gestæ they would, but this is a mere matter of confessions afterwards.

Judge CADWALADER This is outside of the rule.

Judge GRIER. They are found together and acting together, and so far the acts and conduct and words of each one are evidence as part of the res gestæ and they are all bound by them, but I do not see that mere confessions afterwards could affect them.

Judge CADWALADER. This was after the connection was severed.

Judge GRIER. The connection might not be severed but the position, the locus, was severed.

Mr. ASHTON. Would your honor’s ruling apply to the acts of this vessel?

Judge CADWALADER. All you can want to prove is the character of the vessel and that you show by her conduct in a specific case. I rather think you have got out all you want in that respect.

Judge GRIER. When you prove that a man knocks you down it is pretty good proof that he is not a peaceable man. Here you have proven that this brig captured a vessel. You do not want anything else. The conduct of the brig has shown what she is better than any words anybody could use about it. If the other side can show a defense or justification of it that is another matter, but you cannot make it any worse or better by any words they said afterwards.

Mr. ASHTON (to the witness). Well, Mr. Page, while the two vessels were in the position that you referred to at the time you left the {p.73} Enchantress would it have been possible for the men on board the Enchantress to have resisted?

Answer. It would not.

Question. Why not?

Answer. We were lying right under the guns of the Jeff. Davis. They were pointed at us and if there had been any resistance they would have blown the vessel out of water, I suppose, without doubt.

Question. You identify this defendant Smith as one of the men who came on board the vessel under the circumstances that you have described?

Answer. I do.

Question. Do you know the value of the cargo on board the-schooner at the time of her capture?

Answer. I do not.

(Mr. Ashton offered the chart in evidence.)

Cross-examined by Mr. WHARTON:

Question. You have spoken of a French flag that was run up. Was that flag pulled down at any time before your capture?

Answer. The French flag was pulled down and the Confederate run up when the lieutenant was coming over the gangway at the time of actual boarding.

Question. At the time of actual boarding you saw the French flag hauled down and what you call the Confederate flag run up?

Answer. They said it was the Confederate flag; I never saw it before.

Question. I never saw it and perhaps the jury never did either. Will you be kind enough to describe the flag that was run up which you call the Confederate flag?

Answer. It has eleven stars, a red stripe and a white stripe-the Stars and Bars they call it. I shall not be sure about the stripes but it has eleven stars and I think the stripes are red and white; there are two stripes.

Question. Do those bars or stripes run across or lengthwise?

Answer. I cannot say positively.

Question. Are the stars in the center or in the corner?

Answer. In one corner.

Question. Did you hear the order given to haul down one flag and run up the other?

Answer. I did not hear it from my own vessel. I was not on board the brig.

Question. Then the brig lay at some distance?

Answer. She lay within hailing distance.

Judge CADWALADER. I suppose the communications you gave us in the early part of your testimony were by the trumpet?

The WITNESS. Yes, sir.

Mr. WHARTON. Was the order to haul down one flag and hoist the other given by the boarding officer or by some one that you do not know?

Answer. Some one I do not know.

Question. It was not given by the boarding officer that came on board of your vessel?

Answer. No, sir; he ordered our flag to be hauled down.

{p.74}

Question. You have spoken of him as the lieutenant. Did he give himself that title?

Answer. He told me that he was lieutenant and gave me his name.

Question. And therefore you got his title from himself?

Answer. Yes, sir.

Question. Was that done when he first came on deck?

Answer. No, sir; afterwards; after he had got aft and took the captain’s papers.

Question. Aft on board your vessel?

Answer. Yes, sir.

Question. Did he say who his captain was; did he give the name of the captain of the brig?

Answer. He did not.

Question. You have mentioned that when you got on board the brig she was called the Jeff. Davis; was that her name?

Answer. She had no name on her; they gave her that name.

Question. You have described a good many things that you saw when you got on board-arms, &c.; did you see or did they speak of a commission which they held?

Answer. Not to my knowledge any further than when boarding the schooner the officer said, “You are a prize to the Confederate brig Jeff. Davis;” nothing further than that.

Question. You have already said that she had all the appearances of a vessel of war in her equipments, armament and everything?

Answer. She had.

Question. How many days were you on board of her?

Answer. Three days.

Question. How were you treated?

Answer. As well as could be expected under the circumstances.

Question. I do not ask what your feelings were, only the actual fact as to your treatment.

Answer. We were not ill-used after going on board.

Question. I have not heard you describe any circumstance of ill-usage in your capture. There was nothing that occurred that you have not stated, I presume. Was there no other violence used than what you have already indicated by an officer coming on board with men and directing your surrender, &c.?

Answer. None other.

Question. In regard to the Enchantress did you part company with her on the same evening? You mentioned that about 8 o’clock when it was dark you went on board the brig and then you parted with the Enchantress, and therefore you have no personal knowledge of the course she took?

Answer. No, sir.

Question. Can-you give us some general idea without reference particularly to the chart but with reference to some neighboring island or land where you were when you were captured on that occasion-whereabouts you were; in what waters?

Answer. From 200 to 250 miles southeast from Nantucket, South Shoal.

{p.75}

Question. That was the nearest land?

Answer. Yes, sir.

Question. Was that in your direct course to Saint Jago?

Answer. Yes, sir; we were steering in a direct course.

Question. You did not remain long enough upon the Enchantress at the time of her capture to know what course she was directed to take; do you know anything about that?

Answer. In the bustle of the moment I did not take any notice of it.

By Mr. HARRISON:

Question. Did you ever see the defendant Smith until you saw him on board the Enchantress on the 6th of July?

Answer. I never did.

Question. How long did you have an opportunity of seeing him on that occasion?

Answer. An hour or more.

Question. Have you seen him before to-day since he has been confined in Moyamensing Prison?

Answer. I have been there and seen him.

Question. How often have you seen him in prison?

Answer. I have been there twice, I think.

Question. Why did you go to see him?

Answer. I did not go in to see him in particular. I went in to see the prison.

Mr. HARRISON. I ask why you went to see the prisoner and by whose authority did you go?

The WITNESS. I went because I wished to go.

Mr. HARRISON. Was it a visit entirely of a friendly character that you made to Smith?

Answer. That was all.

Mr. ASHTON. Excuse me. It may be that the witness does not understand your question.

Mr. HARRISON. I will try to make him understand it.

Mr. ASHTON. He went there by my authority once or twice.

Mr. HARRISON. Then I understand you, Mr. Page, that you were sent there or were authorized by the Government officers to go to that prison?

The WITNESS. Yes, sir.

Mr. HARRISON. That brings me to the very point to which my interrogatory was addressed. Unless you had been directed to the cell where you were told Smith was, if you had met him anywhere else would you have been able to identify him?

Answer. I would.

Question. Your recollection of him was sufficient without the visit?

Answer. Yes, sir.

Question. The object of the visit then was not to enable you to identify Smith or to see whether you could identify him?

Answer. It was not.

Question. Why did you pay him a second visit?

Answer. Because I wished to go to the prison and see him and I went upon authority.

{p.76}

Question. Neither visit had any reference at all to the testimony you expected to give in this case?

Answer. None whatever.

Question. Why did you go to see Smith?

Answer. I had no particular reason but I thought I would like to see them.

Question. Did you go to see all of them?

Answer. I saw the whole of them.

Question. Do you think you would be able to recognize Lieutenant Postell?

Answer. Yes, sir; I could recognize him if I met him in the dark almost.

By a JUROR:

Question. In what relation did the defendant stand to the rest of the party that boarded the Enchantress as a prize crew? Was he an associate or the commander.

Answer. He was the prize master.

Re-examined by Mr. KELLEY:

Question. Had the marines of whom you spoke any distinctive uniform?

Answer. They had not.

Question. How did you know they were marines?

Answer. I was told so on board the vessel.

Question. Was there anything like uniformity of dress on board the vessel?

Answer. There was not, to my knowledge.

By Mr. WHARTON:

Question. You state that Smith was the prize master. Do you know whether any instructions were given to him; what was he told to do with his prize?

Answer. I do not know. If there were any instructions given to him I suppose it was on board the brig before he left it. I did not hear them.

Question. You said he was the prize master. How did you know that?

Answer. The lieutenant pointed him out to me and told me his name was Smith and that he was the prize master; and immediately when he came on deck he took charge of the vessel and ordered the crew to make sail.

Question. Did you hear all what Smith was told to do with the vessel?

Answer. I did not.

Question. You only know that he was the prize master, indicated by the lieutenant as such?

Answer. Yes, sir.

JACOB GARRICK called and sworn and examined by Mr. ASHTON:

Question. How old are you?

Answer. About twenty-five.

Question. Where were you born?

Answer. In Santa Cruz, Danish West Indies.

Question. What is your business?

Answer. I generally follow the sea as cook and steward.

{p.77}

Question. How long have you followed the sea?

Answer. About eight years and a half. I think I went to sea in 1852 or 1853.

Question. What were your duties on board the Enchantress?

Answer. I was cook and steward.

Question. When did she sail from Boston?

Answer. On the 1st of July?

Question. You were on board of her on the 6th of July?

Answer. Yes, sir.

Question. Tell us what you saw that day?

Answer. On the 6th of July about 2 or 3 o’clock we made a sail. I heard them sing out, “Sail, ho!” I looked and saw the sail myself. We were going on our course with a pretty fair breeze of wind, this sail still coming on to us. It came on pretty late; I had supper about 5.30 o’clock. When we came on deck after supper we saw the sail having the French flag flying. Some of the men said it was a French vessel. It kept coming along and got pretty near us. I was washing my dishes and I beard one of the men sing out forward, “That’s a privateer!” I looked over my galley and I saw they had the French flag set and were ramming home a cartridge. I saw the big gun amidships. She came around, hailed us and told us to heave to. The captain sung out something to her, and she kept on and came round on the stern. Then I heard them sing out for us to lower away our foresail and haul down our jib. The captain did so and hove our vessel to, and then I saw a boat come to us. Previous to that when they got on the starboard side of us they hauled down the French flag and hauled up the Confederate flag. Then they lowered the boat; the boat came alongside of us and some of the men got off and spoke to the captain. I took notice of a man with a glazed cap on and a white coat.

Question. How many men came on board?

Answer. I cannot tell how many men were in the boat. It was a boat’s crew. They rowed four oars I know.

Question. Where was the captain of the Enchantress?

Answer. Aft, on the quarter deck.

Question. Did these men speak to the captain?

Answer. Yes, sir; I saw them go and speak to the captain. I could not hear what they said because I was forward.

Question. What did the captain do if anything after they had spoken to him?

Answer. He went down into the cabin.

Question. Did he bring up anything with him?

Answer. I did not take notice whether he did or not.

Question. What did these men do to the sailors on board the Enchantress?

Answer. They said, “Men, get ready to go on board the Jeff. Davis; take all the things belonging to you.”

Question. Who said that?

Answer. I heard that man (Smith) say so

Question. Was Smith one of those men?

Answer. O, yes, sir.

Question. Did your captain go into the boat?

Answer. Not at first. They took us on board, and then the boat returned to the Enchantress with the prize crew and took off the captain and his son and the mate.

Question. Were you in that boat?

Answer. Yes, sir.

{p.78}

Question. How near to the Jeff. Davis did you go?

Answer. I was right alongside of her. Once I stood up and looked over the rail.

Question. Where did the men of the Enchantress go?

Answer. On board the Jeff. Davis.

Question. Why did you not go?

Answer. Well, I heard them say, “Take that colored individual back; you need not pass up his things.”

Question. Did they refer to you?

Answer. O, yes; I knew they referred to me then.

Question. How many men got into that boat then from the Jeff. Davis?

Answer. I do not know how many. The prize crew came in with their things and there were some few more-the steward of the Jeff. Davis and others.

Question. Was this defendant one of the men?

Answer. Yes, sir.

Question. One of those that sailed with you in this boat from the Jeff. Davis to the Enchantress?

Answer. Yes, sir.

Question. Did this defendant go on board the Enchantress when you did?

Answer. Yes, sir.

Question. When he went on board where was the captain of the Enchantress?

Answer. He was aft on the starboard side sitting down.

Question. Who was with him?

Answer. The captain’s son and mate.

Question. How long was this defendant on the Enchantress before the order was given to the captain to leave?

Answer. I suppose about ten or fifteen minutes at the longest.

Question. Who ordered the captain to leave?

Answer. The officer who came from the Jeff. Davis told the captain to stay and his son and mate. The others went on the boat to the Jeff. Davis. Then the boat returned back and took them aboard.

Question. Was the captain ordered to get into the boat then?

Answer. Yes; when they were ready.

Question. What was done?

Answer. The captain went in and took his things with him.

Question. Who went with him?

Answer. His son and the mate.

Question. Where were you then?

Answer. I was left on board the Enchantress.

Question. When the brig hove to how far was she from the Enchantress?

Answer. I suppose she was about as far as from here down to the corner there (meaning the distance diagonally across the court room from one corner to the opposite one).

Question. Did you see her plainly?

Answer. O, yes, sir.

{p.79}

Question. How long after the captain left did they make sail?

Answer. As soon as the captain left the boat returned back and brought the prize crew some tobacco from the Jeff. Davis, and in a few minutes the Enchantress set sail. It was dark.

Question. Who took command of her?

Answer. Smith. I suppose he did because he ordered me to get some supper for him.

Question. Did you get the supper?

Answer. Yes, sir; I got him some tea.

Question. During the time you were on board the Enchantress under Smith what was your position? What did you do?

Answer. I was cooking; the same as before.

Question. How long were you on board the Enchantress then?

Answer. Sixteen days from the day we were captured.

Question. When were you recaptured?

Answer. On the 22d of July.

Question. Now tell us what occurred on the 22d of July.

Answer. Soon after dinner I took my dishes to the galley and washed them. In going back to the cabin with the dishes I saw Smith have a spy-glass. I looked under the lee of the mainsail and I saw a vessel coming that I thought was a steamer. I took my dishes down and came back and took another look and I saw it was a steamer. The steamer was coming right in our direction. Smith said to the men to take the flying jib off to bend but they sang out to Smith, “You had better not bend that jib now because if they see us making sail they will think something and come at us.” He said, “Go ahead and bend it.” Then they started out to bend it and he said, “Never mind, you can let it lie.” Then I heard him say, “One of you men go up and sheer over the topsail sheet.” A man went up to do it and was there a considerable while. Then Lane said to me, “You can go in the forecastle, steward; and if they should come and overhaul us and your name is called you can answer.” I said I would rather stay in the galley. I went in the galley and watched the steamer coming. When the steamer saw us tack ship she hauled right up for us. I kept looking through one galley door to the other according as we would go about. We went about three or four times. The schooner was going pretty fast. I still kept looking to see how near the steamer was getting to us. I heard one of the men say, “She has hoisted her flag;” and they went out and hoisted our flag. The steamer hoisted the American flag and we hoisted our American flag. The steamer kept coming on. I heard them say, “It is a man-of-war.” When the steamer got pretty close to us I heard a hail, “What schooner is that?” The reply was, “The Enchantress.” “Where bound to?” “Saint Jago de Cuba.” As soon as that was said I jumped out of my galley and jumped overboard.

Question. How far was the steamer from you?

Answer. About across this room, within speaking distance.

Question. What did you do when you jumped into the water?

Answer. I sang out, “A captured vessel of the privateer Jeff. Davis and they are taking her into Charleston.” I sang it out so that they could hear me on board the steamer.

Question. How did you get out of the water?

Answer. The steamer’s boat picked me up.

Question. What was done then?

Answer. First when the boat picked me up they took me on board the schooner, and then they took the prize crew off the schooner and took me on board the steamer along with them.

Question. Did they take this defendant out of the schooner?

Answer. Yes, sir

{p.80}

Question. Where did they put him?

Answer. They took him on board and stood him up on deck and then they took him below.

Question. When the steamer was coming down to you did you hear this defendant or any of these men make arrangements about what they would do?

Answer. O, yes; they were arranging themselves to take the names of the Enchantress’ crew.

Question. How do you mean?

Answer. One was to act in place of the captain with his name; another in the place of the mate with his name, and so on through the crew.

Question. Was there not one less of these men?

Answer. Yes; they were one short.

Question. What about that?

Answer. I heard that they were to say that man was washed overboard.

Question. To whom was all that to be said?

Answer. If any of the U. S. armed vessels should speak them they were to do this of course to get clear.

Question. What was the name of this steamer?

Answer. The Albatross.

Question. Do you know her commander?

Answer. Captain Prentiss.

Question. What did they do with the schooner when they boarded her?

Answer. The first lieutenant boarded her and took the prize crew off her and made them row him to his own vessel, leaving his boat’s crew on board to take charge of the Enchantress.

Question. What did they do with the schooner?

Answer. A prize crew was put on board from the steamer, with me along as cook. Then we made sail in her and steered to Hampton Roads. The steamer came up to us threw us a hawser and towed us to Hampton Roads.

Question. How did you get to Philadelphia?

Answer. After being there seven or eight days the steamer came again took us in tow and brought us up here.

Question. And you have been here ever since?

Answer. Yes, sir.

Question. Are you a man of family?

Answer. No, sir; I have a brother in New York.

Question. What flag had the Enchantress flying when she was captured?

Answer. The American flag.

Question. What flag did she carry after she was captured?

Answer. The American flag. She had no other on board.

Question. This prisoner then kept the American flag still on the vessel?

Answer. Yes, sir; all the flags on board were American.

{p.81}

Question. Do you know where you were at the time the Albatross took you?

Answer. I heard them say we were near Cape Hatteras, on the coast of North Carolina.

Question. Who did you hear say that?

Answer. The man Bradford I think.

Question. How long after you saw the Hatteras light were you captured by the Albatross?

Answer. We saw the light-house in the morning about 6 o’clock and we were taken by the Albatross about 3 o’clock in the afternoon.

Question. Do you know in what direction the Enchantress sailed after the prize crew, the defendant and the other four men were put on board her?

Answer. I heard them say to steer the course southwest, they were going to Savannah but after they were a few days out they said they would not go to Savannah but to Charleston. By going to an inlet called Bull’s they said they could take a steam-boat and be towed up to Charleston.

Question. How long did it take you to get from the place where you were taken by the Albatross to Hampton Roads?

Answer. Soon after we were taken a gale of wind came up and it took a long time to tow us with the wind ahead. We should have been in the next day if it were not for that, but the following day we were in at Hampton Roads.

Question. Did the Albatross take you in the direction the Enchantress was sailing at that time or in the opposite direction?

Answer. She turned back.

Question. Then you went north after the recapture?

Answer. Yes, sir.

Question. You spoke of a place called Bull’s; do you know where it is?

Answer. I do not, but I heard them say it was twenty-five miles from Charleston.

Question. Who told you so?

Answer. I heard them say so on board among themselves.

Question. Did these persons keep the log after the Enchantress was taken?

Answer. No, sir; they did not keep any log.

Question. Was the log-book on board?

Answer. Yes; there were two logs.

Cross-examined by Mr. WHARTON:

Question. You were cook originally and you continued in your ordinary pursuits?

Answer. Yes, sir; I cooked for them.

Question. You held the office of cook under every change of administration?

Answer. I cooked for four captains.

Question. Did you hear the instructions that were given, or did you hear these men say where they were told to take the Enchantress?

Answer. I never heard them say where they were told to take her. I heard them say where they were going to take her.

{p.82}

Question. Where was that?

Answer. They started to take her to Savannah. After they were a few days out they altered and said they would take her to Bull’s, so as to get her up to Charleston.

Question. Then they were to take her either to Savannah or Charleston as far as you understood?

Answer. Yes, sir.

Question. You did not hear Smith or any of them say where they were told to take her by the persons who put them on board?

Answer. No, sir; but I heard from the Jeff. Davis several give messages to friends in Savannah.

Question. Who was the captain of the Jeff. Davis?

Answer. I do not know.

Question. Do you know his name?

Answer. No, sir.

Question. You think you were off Cape Hatteras when the Albatross came along?

Answer. Yes, sir.

Question. And you were steering southwest?

Answer. Steering to Charleston. I do not know the course we were steering that day.

Question. The Albatross took you in tow and brought you into Hampton Roads?

Answer. Yes, sir.

Question. Did you come to anchor in Hampton Roads?

Answer. Yes, sir.

Question. Smith was there?

Answer. He was on board the gun-boat.

By Mr. ASHTON:

Question. Did you see Smith at Hampton Roads?

Answer. No, sir; I did not see any of them at Hampton Roads.

Question. Then Smith was kept on board the Albatross and you were with the prize crew of the Albatross?

Answer. Yes, sir.

Mr. WHARTON. The Albatross towed you to Hampton Roads, and she and the Enchantress arrived there together and stayed there about a week you say?

Answer. Yes, sir.

Mr. WHARTON. Did the Albatross lay with you at Hampton Roads?

Answer. No, sir; she was out cruising around. She went to relieve a gun-boat somewhere up the river.

Mr. WHARTON. But what was done with Smith?

Answer. I do not know.

Question. Do you know what they did with Smith and the other men of the original prize crew?

Answer. I will say I did not see Smith nor any of them after they were taken on board the Albatross when they were captured until I saw them here.

{p.83}

Question. Did you not see them at all at Hampton Roads?

Answer. No, sir.

Question. I suppose the Albatross came to anchor in Hampton Roads?

Answer. Yes, sir; she lay some two days there.

Mr. HARRISON. How far from the shore?

Answer. I suppose as far as from here to the corner; I cannot tell exactly.

Mr. WHARTON. A very short distance?

Answer. Yes, sir.

Question. What was the nearest place?

Answer. We lay right abreast of Fortress Monroe.

Question. How near were you to the fort?

Answer. I suppose we were about 400 or 500 yards from Fortress Monroe.

Question. Do you know that the crew from the Albatross were sent ashore there?

Answer. I do not know any more than that I saw boats from the Albatross go ashore. Boats were going backward and forward from the vessel to the wharf.

Mr. HARRISON. For two days.

Answer. Whilst they lay there. They lay there a couple of days.

Mr. WHARTON. Then the Albatross went off on a cruise?

Answer. She went up the river.

Question. What river?

Answer. I do not know the names of the rivers there.

Mr. ASHTON. Did you see all this?

Answer. I saw when they hauled across and went up the river.

Mr. WHARTON. How long was she gone?

Answer. I cannot tell rightly now.

Mr. WHARTON. You seem to have been very accurate in your recollection of other dates-and I thought you might recollect this.

The WITNESS. Well, she was away about five days. She came up in the night.

Question. Did she take you in tow again?

Answer. She came up in the night and next day she took us in tow.

Question. And then brought you to Philadelphia?

Answer. Yes, sir.

Question. You say you did not see Smith till you arrived here?

Answer. No, sir.

Question. On board what vessel did you then see him?

Answer. I saw him here in the court.

Question. You did not see him on board the Albatross?

Answer. No, sir.

Question. Who were the persons that went from the Albatross to the fortress in boats and back again?

Answer. I do not know who they were.

The court adjourned till to-morrow.

{p.84}

WEDNESDAY, October 23, 1861.

JOHN C. FIFIELD called and sworn and examined by Mr. ASHTON:

Question. Where do you reside?

Answer. In New Jersey.

Question. What is your business?

Answer. Seafaring business.

Question. How long have you been following the sea?

Answer. About sixteen years.

Question. Where have you sailed from?

Answer. I have sailed from the port of Boston and from this port.

Question. From what port did you sail last?

Answer. Philadelphia.

Question. In what vessel?

Answer. The John Welsh.

Question. As captain of that brig?

Answer. Yes, sir.

Question. Was she a Philadelphia-built brig?

Answer. She was built in Gloucester but owned in Philadelphia.

Question. Where were you bound when you sailed from Philadelphia last in that brig?

Answer. To Trinidad de Cuba.

Question. Did you reach Trinidad de Cuba?

Answer. Yes, sir.

Question. Did you sail back from Trinidad de Cuba?

Answer. I sailed for Falmouth, England, with a cargo of sugar from Trinidad.

Mr. WHARTON. I presume the object is to bring this gentleman in some way into contact with the defendant.

Mr. ASHTON. That is all.

Mr. WHARTON. The mode of doing that I suggest is not important to us.

Mr. ASHTON (to the witness). Have you seen William Smith, the prisoner at the bar, before?

Answer. Yes, sir.

Question. Where did you see him first?

Answer. I first saw him on board the John Welsh.

Question. Where did you see him next?

Answer. On board the Jeff. Davis or what was said to be the Jeff. Davis.

Question. How did you happen to be on board the Jeff. Davis?

Answer. I was captured by her.

Question. What was the date of the capture?

Answer. The 6th of July.

Question. At what time of the day did it occur?

Answer. I should think about 9 o’clock in the morning.

Question. How did you happen to get on board the Jeff. Davis?

Answer. I was taken in their boat.

{p.85}

Question. And on board the Jeff. Davis you saw for the second time William Smith?

Answer. Yes, sir.

Question. What was his capacity on board that vessel?

Answer. I was told that he was prize master.

Question. How long were you on board the Jeff. Davis?

Answer. I was captured on Saturday about 9 o’clock and was on board until the Tuesday evening following.

Question. How many days did you see William Smith, the prisoner, on board the Jeff. Davis?

Answer. I only saw him till that Saturday afternoon. I suppose he left about 6 or 7 o’clock; I cannot state exactly when.

Question. You recognize him as the person whom you saw on board that vessel?

Answer. That is the man (pointing to the prisoner).

Question. Did you see the assault upon the schooner Enchantress?

Answer. No, sir; I was below. When the Jeff. Davis came within about three miles as I suppose of the Enchantress we were all ordered below.

Question. At what time in the day did you first see the sail of the Enchantress?

Answer. I cannot say when precisely. I saw it probably by 3 o’clock. At what time they saw her I do not know. There were some three or four sails at the time. I do not think I saw her more than two or three hours before she was brought to.

Question. How long after the chase began were you ordered below?

Answer. When we came within about three miles of her all the prisoners on board were ordered below.

Question. How long did you remain below?

Answer. Until she was boarded by the boat from the Jeff. Davis. After she was boarded we came on deck.

Question. Did you see the flag that she had flying during the chase?

Answer. Yes; we saw that out of a small window. When she came alongside she had the American flag.

Question. But I mean the flag of the Jeff. Davis?

Answer. We saw that out of the skylight. We watched when they hauled the French flag down and hoisted what I suppose is called the Confederate flag.

Question. At what time did they hoist the Confederate flag?

Answer. Not until the vessel was probably not more than a quarter of a mile off. I should think she was less than a quarter of a mile distant; she was alongside, close under the guns.

Question. Did you see William Smith leave the Jeff. Davis for the purpose of going on board the Enchantress?

Answer. Yes, sir; I saw him leave as prize master; that is what was said.

Question. Then you were on deck at that time?

Answer. Yes, sir.

Question. How many left with him?

Answer. That I could not say as there was in the boat a number of the other crew. I understood that he went as prize master to take charge of the schooner.

Question. Then you saw him go on board the Enchantress?

Answer. I saw him leave the brig. I did not notice particularly his going on board the Enchantress.

{p.86}

Question. How long after William Smith left did the Jeff. Davis make sail?

Answer. I do not think she made sail that night at all; it was dark. After he left the boat that took him and the prize crew on board the Enchantress brought to the Jeff. Davis Captain Devereux, his son and mate I think-three or four of them-and it was then dark.

Question. Did you see the Enchantress make sail?

Answer. Yes, sir; I saw her make sail and stand away; but I think the Davis lay still all that night. It was squally and rainy.

Question. William Smith did not return with the boat that brought Captain Devereux and the mate to the Jeff. Davis?

Answer. No, sir; I did not see him on board again while I was there.

Question. Did you see any preparations that were being made on the Jeff. Davis?

Answer. Yes, sir; the guns were all got ready, the ports were unlashed, the waist guns were pointed and the swivel was shotted and manned and all ready to fire into her if it was needful in order to capture her.

Question. What do you mean by the swivel?

Answer. The long gun amidships which they could turn all the way round. They brought it to bear on the Enchantress before she came within hailing distance and kept it bearing on her all the while. As soon as the vessel went around in any direction they swiveled the gun around so as to bear on the vessel.

Question. Did you see them load the gun?

Answer. No; but I think it was kept loaded all the time.

Question. How many guns did the Jeff. Davis carry?

Answer. She had four waist guns and this swivel.

Question. Do you know the caliber of the guns?

Answer. I do not.

Question. Do you know whether those guns were loaded at the time of the assault on the Enchantress?

Answer. I was told they were loaded.

Question. Told by whom?

Answer. By the purser and assistant surgeon.

Question. During the time William Smith was on board the vessel?

Answer. Yes, sir.

Question. Did you see any other arms on board that ship with the exception of those you have mentioned?

Answer. Yes, sir; I saw muskets, double-barreled guns, pistols, cutlasses, boarding pikes. I should think there were about fifty muskets with bayonets; I cannot say how many double-barreled guns but quite a number.

Question. How many cutlasses?

Answer. I cannot say?

Question. Where were they kept?

Answer. In the cabin.

Question. Were you down in the cabin often?

Answer. Yes, sir; I slept in the cabin.

Question. Do you know whether the muskets and double-barreled guns you speak of were kept loaded?

Answer. Yes, sir; they were said to be loaded.

{p.87}

Question. Who said so?

Answer. The captain of the marines. The doubled-barreled guns were loaded with buck-shot and the others with balls I was told.

Question. How many men were there on board the Jeff. Davis during this cruise; I mean of her company?

Answer. It was said there were seventy. I never had any means of ascertaining the number but I should think there were about that many; that is when I was captured. Nine were taken out and put on board my vessel; that reduced their number and made it sixty-one.

Question. Were there persons on board who were termed marines?

Answer. Yes, sir.

Question. What were their duties on board that ship?

Answer. They kept guard over the cabin at night. I cannot say what their duty was otherwise.

Question. Were they armed during the day?

Answer. No, sir; but during the night they were.

Question. What arms had they?

Answer. They had the muskets then, and the captain of marines generally had a pistol or two when he was on deck himself.

Question. Did these men wear any distinctive uniform?

Answer. No, sir; there was no particular uniform on board the vessel; they were dressed just as it happened.

Question. Was there a magazine on board the ship?

Answer. Yes, sir.

Question. Did you see any powder and balls?

Answer. I saw the powder as it was passed out of the magazine.

Question. Where was it passed?

Answer. On deck to load the guns. Before they captured the Mary Goodell preparations were made for a severe attack on her, and at that time a number of small-arms were carried on deck. That was the only time I saw the magazine opened.

Question. Did you hear any conversation between William Smith and the officers of the Jeff. Davis at the time he left for the purpose of going on board the Enchantress?

Answer. No, sir. I saw him in conversation with them but I heard nothing of what was said.

Question. You said that William Smith went on board your ship; in what capacity?

Answer. He seemed to have charge of a lot of men who came to take provisions out of the vessel.

Question. You said that you were ordered to go down below when the assault was made on the Enchantress?

Answer. We were all ordered to go below or lie down on deck except the ordinary crew of a merchant vessel, say four or five men. They were about the vessel but the rest were ordered to lie down on deck or go below.

Question. Was there any peculiarity that you noticed about the rigging of this vessel, the Jeff. Davis?

Answer. Her sails were mostly hemp sails; that was one peculiarity which led me to suppose she was a foreign vessel.

Question. Explain that.

Answer. American vessels mostly have cotton sails by which you can tell them very distinctly wherever you see them at sea; they are much whiter than hemp sails.

{p.88}

All European vessels have hemp sails, and you can usually tell whether a vessel at sea is an American or foreign vessel by the sails when you see nothing else.

Question. Then it is to some extent a badge of nationality?

Answer. You very seldom see a U. S. vessel particularly of that class with hemp sails. The Jeff. Davis had, and she was rigged very much like a foreign vessel. They asked me if the French flag and hemp sails had deceived me and I told them yes.

Question. Who asked you that?

Answer. The first lieutenant, Postell. He said they tried to get her as much like a French vessel as possible before they left for the sake of deceiving our ships.

Question. At what distance would one on the sea observe the guns of this brig?

Answer. I did not observe them until I was within half a mile of her, as they were kept covered up. Thinking she was a merchant vessel we did not suspect anything until we were right underneath her guns; and the others told me it was the same with them.

Question. How were the guns kept covered up?

Answer. They had a large canvas covering that they had painted and thrown over the long swivel gun. The waist guns were also covered up with canvas.

Question. Was the canvas painted black?

Answer. I cannot say what color it was painted.

Question. What was the color of the vessel?

Answer. She was painted black.

Question. When was this covering removed?

Answer. It was removed about the time they wanted to fire the guns.

Question. Did they fire a gun when they captured your ship?

Answer. Yes, sir.

Question. From what gun and in what direction was it fired?

Answer. From the swivel gun.

Mr. WHARTON (to the witness). Not at the ship but across the bow to bring you to I suppose.

The WITNESS. We were running to the eastward and the gun was fired so as to make the ball cross alongside of us.

Mr. ASHTON. Was it not a blank cartridge?

Answer. No, sir; a ball.

Question. Were Captain Devereux and the mate of the Enchantress released with you?

Answer. Yes, sir; on the ship Mary Goodell.

Question. What reason did the captain of the Jeff. Davis give for the release of Captain Devereux and Mr. Page and the rest of you?

Answer. He did not give me any himself; I had it from the other officers. The ship drew too much water to allow her to be got into a Southern port, and her cargo was not of much value being mostly lumber.

Question. What ship?

Answer. The Mary Goodell.

Question. Was she a large vessel?

Answer. I should think she was about 700 tons and drew eighteen feet of water. They then had twenty-one prisoners on board the Jeff. Davis, and they did not want any more then. Besides they wanted to reserve their crew for more valuable prizes.

{p.89}

Question. Did they visit the Mary Goodell?

Answer. Yes, sir.

Question. How many went on board of her?

Answer. A large boat load-I cannot say what number; some marines with cutlasses and muskets.

Mr. HARRISON. That was after the defendant had left. I do not know that that is evidence in this case.

Judge GRIER. This is only part of the history of the conduct of this vessel to show what her character was. So far as that is concerned it may properly be given in evidence.

Mr. ASHTON. Were any of the contents of the Mary Goodell removed from her?

Judge GRIER. That seems to be getting beyond the transaction.

Mr. HARRISON. I presume we are not to be affected by any unlawful acts committed by others.

Mr. ASHTON. I will not press that Mr. Fifield; how did you get into Philadelphia?

The WITNESS. The ship Mary Goodell went to Portland and from there I came to Philadelphia by the usual route.

Cross-examined by Mr. WHARTON:

Question. You have been master of a vessel and know somewhat of the usages of the sea?

Answer. Yes, sir; I have been long enough on the sea to know something of it.

Question. Firing a shot across the bow of a vessel is a sort of invitation to her to stop and not to go on; is it not ordinarily so understood?

Answer. Yes, sir; a blank cartridge is generally so understood.

Mr. WHARTON. A blank cartridge does not pass in front of the bow.

Judge CADWALADER. The witness is right; the first shot is a blank.

The WITNESS. The first is a blank cartridge; next a ball.

Mr. WHARTON. But I mean to say the firing across the bow is of course not a firing at the vessel. It is an intimation, a very distinct one, to the vessel that she is not to go ahead.

The WITNESS. That is the intimation I took. I expected that the next shot would come into me.

Mr. WHARTON. You have spoken of certain preparations made on the deck of the vessel in regard to the pivot gun which you say was turned round so as to follow the Enchantress. I understood you to say that when she was about three miles off you were ordered below?

Answer. Yes, sir.

Question. When you were below you could hardly see the preparations on deck could you?

Answer. We could see them at work on the swivel. The cabin was not very low; it was half under deck and half on deck.

Question. I wanted to understand whether you could actually see what was going on; you say you could?

Answer. Yes, sir. The cabin was half under and half on deck so that you could stand and see what was going on.

Question. You have mentioned already several officers who were on board the Jeff. Davis. Just tell us if you please who the officers were, {p.90} what were their particular ranks, how many officers there were as near as you can? Give us the arrangement of the ship’s company.

Answer. Coxetter was the commander; Postell was the first lieutenant.

Question. Did you ever hear Coxetter called captain?

Answer. I do not know that I ever did. Perhaps I did; I do not recollect. He was considered captain. Whether he was called Captain Coxetter or not I cannot now say.

Question. Give us now the other officers.

Answer. Postell was first lieutenant, and there was a man named Stuart second lieutenant. I think that was the capacity they held there. Babcock was the purser and assistant surgeon. I think that was what they called him.

Question. Did he hold both posts?

Answer. So I was told.

Question. Then there was a surgeon I take it for granted besides the assistant?

Answer. Yes, sir; but his name I do not know.

Question. Can you give us either the names or titles of any other officers on board?

Answer. I cannot.

Question. You have spoken of marines; who were their officers?

Answer. There was a captain of marines.

Question. Did they seem to be equipped differently from the rest of the ship’s company?

Answer. Only when they were on watch at night; then they stood guard over the cabin with muskets and the captain of marines had a pistol when he was on deck.

Question. Did they not seem to be a distinct body of men from the rest of the crew?

Answer. I should think probably they were. I do not know what duty the marines did outside of that. They cleaned the guns and the small-arms they had in the cabin.

Question. You have said that Smith, the prisoner, was appointed or designated as prize master. Just tell us if you please all that passed on that subject.

Answer. I know nothing of what passed except that before the papers were fixed I saw the captain and the purser in conversation with Smith. There may have been some others with them. That was a little while before he left.

Question. What papers do you refer to?

Answer. I saw a letter handed to him.

Question. By whom?

Answer. I think Doctor Babcock, the purser.

Question. A sealed letter or an open letter?

Answer. I do not know anything about that.

Question. Did you not hear any of the language used?

Answer. Nothing whatever.

Question. You said in your examination in chief that he was appointed prize master?

Answer. I was told he was appointed prize master.

{p.91}

Question. By whom were you told?

Answer. I think by the purser, Doctor Babcock.

Question. Did he tell you so after Smith had left or at the time he left?

Answer. After he left I heard different persons on board the Jeff. Davis speak about him and his feelings. They wondered how he must feel and spoke of the risks he had to run, &c.

Question. And they spoke of him on those occasions as having been designated as prize master?

Answer. Yes, sir; as having charge of the vessel.

Question. Then what you saw of the actual occurrence of his being appointed prize master was merely that he took a letter and was pointed out and took some men with him I presume?

Answer. Yes, sir.

Question. Did he select the men or were they selected for him?

Answer. I do not know who selected the men.

Question. This you also saw from the cabin?

Answer. We were on deck then.

Question. Then it was after you came up on deck and after the Enchantress was boarded?

Answer. Yes, sir; as soon as she was boarded we were allowed to go on deck.

Question. Did you hear any instructions given to him at all?

Answer. I did not.

Question. Did you know what instructions were given?

Answer. I knew nothing of them.

Question. You do not know where he was to take the Enchantress?

Answer. No, sir

Question. You do not know what he was to do with her?

Answer. No, sir; I know nothing at all about it.

Question. You say you slept in the cabin-had you as good accommodations as the vessel afforded?

Answer. I suppose about the same as any one on board. We all slept there together, and the captain of marines slept there. The captain and the purser had staterooms.

Question. But the captain of marines and yourself slept in the cabin?

Answer. We slept in berths which were put up in the cabin.

Question. What was your treatment generally?

Answer. We had all we wanted to eat, but mostly out of my own provisions.

Mr. WHARTON. But you were allowed to eat your own bread which is not the case with everybody.

The WITNESS. Yes, sir; we had all we wanted in that way.

Question. You have stated that you were ordered below when the vessel came within a few miles of the Enchantress; at other times had you not your liberty about the vessel?

Answer. We had.

{p.92}

By Mr. HARRISON:

Question. Was not the shot of which you speak as having been discharged by the Jeff. Davis discharged at such an angle as to make it impossible for it to take effect upon the John Welsh?

Answer. I cannot say at what angle the bail was shot. I heard the ball go by whizzing.

Question. How far ahead of the bow did it pass?

Answer. I did not see. I heard it but did not see it.

Question. Are you not sailor enough to know that it passed sufficiently ahead of the bow to make it impossible that it should take effect?

Answer. It might have hit the spars.

Mr. WHARTON. That was the shot at the John Welsh-not at the Enchantress.

The WITNESS. Yes, sir; I am positive no shot was fired at the Enchantress.

Re-examined by Mr. ASHTON:

Question. You have been a sailor for several years?

Answer. About sixteen years.

Question. You have come across naval vessels of the United States frequently on the sea?

Answer. Yes, sir.

Question. Did you ever know a vessel of the U. S. Navy fire first a shot to bring a vessel to?

Answer. No, sir; nor of any other navy. A blank is always fired first.

Question. Was there any cargo on board the Jeff. Davis?

Answer. None that I know of. I should think not as she was very light.

Re-cross-examined by Mr. WHARTON:

Question. Did you ever know a vessel of the United States bring a merchantman to without firing at all, ball or blank cartridge?

Answer. I do not know that I ever did.

Question. Then this was a singular instance in the case of the Enchantress of the Jeff. Davis bringing her to without any firing?

Answer. Yes, sir. It was because she hove to before there was any occasion to fire; but all the preparations were made. She was so close that it was not necessary to fire a shot to bring her to.

JOHN L. PRIEST recalled and re-examined by Mr. ASHTON:

Question. I omitted yesterday to ask you one or two questions that may or may not be important. What was the gross value of the cargo on board the Enchantress in round numbers? I do not want you to be very particular.

Answer. I could hardly make an estimate; but I should judge from the papers I have since seen about the salvage cause that the cargo cost from $7,000 to $8,000.

Question. You enumerated yesterday a number of articles that were on board; what were those seventy-five sacks of corn worth?

Answer. About $100 or a little over.

Question. What were those 23,000 feet of white pine boards worth?

Answer. About $350.

{p.93}

Question. What were those fifty boxes of candles worth?

Answer. About $6 a box.

Question. Then there were 200 covered hams; what were they worth?

Answer. I cannot say exactly but I should think about 11 cents a pound.

Judge GRIER. It is unnecessary to have the particular value of everything. No doubt they were valuable articles.

Judge CADWALADER They were articles acquired for the purpose of being sent for sale. Of course they have value.

Mr. ASHTON. I did not think this testimony was absolutely necessary, but I wished to cover the ground fully.

Judge CADWALADER. I think you have enough.

Mr. ASHTON (to the witness). William H. Greeley of whom you spoke was a member of the firm of Greeley & Son, of Boston?

The WITNESS. Yes, sir.

Question. The goods were shipped in his name?

Answer. Yes, sir.

THOMAS ACKLAND called and sworn and examined by Mr. ASHTON:

Question. Where do you live?

Answer. In Philadelphia.

Question. What is your business?

Answer. I go to sea and have followed it for twenty-one years for a living.

Question. In what vessel did you last sail?

Answer. The John Welsh.

Question. What was your capacity on board the John Welsh?

Answer. First officer.

Question. Were you on board her at the time of her capture by the Jeff. Davis?

Answer. I was.

Question. Were you taken to the Jeff. Davis?

Answer. I was.

Question. Were you on board the Jeff. Davis at the time of the assault upon the Enchantress?

Answer. I was.

Question. What time in the day were you captured?

Answer. As near as I could tell you it was between 8 and 9 o’clock in the morning.

Question. On what day and at what time of the day was the assault upon the Enchantress made?

Answer. About 7 o’clock in the evening. They got on board the brig about 7 o’clock in the evening.

Question. Then you were on board the Jeff. Davis at the time of the assault and capture of the Enchantress?

Answer. Yes, sir.

Question. Be good enough to tell us briefly and in your own way what you saw on that day, the 6th of July.

The WITNESS. What time do you wish me to commence from; the time of our capture or that of the Enchantress?

{p.94}

Mr. ASHTON. From the time you first saw the Enchantress.

Answer. The man at the masthead made a sail about 2 o’clock in the afternoon, and of course she drew nigher to her until about 4 o’clock, somewhere toward evening; I cannot state the time exactly. About 7 o’clock they got on board of us. Between these times, 2 o’clock in the afternoon and 7 o’clock in the evening, they took a boat from the Jeff. Davis which was the John Welsh’s boat and went on board the Enchantress with the first lieutenant, Mr. Postell-I believe they had arms with them.

Question. How many men?

Answer. I cannot say, but probably from eight to a dozen.

Question. How did they get the John Welsh’s boat?

Answer. They took it from the John Welsh.

Question. Was it a large boat?

Answer. A pretty good sized boat.

Question. A larger boat than any of the boats of the Jeff. Davis or smaller?

Answer. Larger.

Question. How do you know they were armed?

Answer. I believe they used to conceal the arms about them because I saw them take them from different places about them. The second lieutenant showed me where he concealed his arms underneath his stockings in his shoe. His knife was in a place made for it between his pants and drawers by the calf of his leg. I saw him take the knife from there and then he told me that was where he carried it.

Question. Where did you see that?

Answer. On board the Jeff. Davis.

Question. Prior to the capture of the Enchantress?

Answer. I cannot say as to that.

Question. At what time did Captain Devereux and the mate of the Enchantress come on board the Jeff. Davis?

Answer. Between 7 and 8 o’clock in the evening.

Question. Were you ordered below when the vessel came up?

Answer. I was.

Question. At what time were you ordered below?

Answer. Sometime before they came up to us; I should say they were four or five miles off when we were ordered below.

Question. And you were kept below until what time?

Answer. Until they had captured her. I looked up through the skylight and saw them haul down the French flag and hoist what they called the Confederate flag; I never saw that flag before in my life.

Question. And then you were allowed to go on deck after the capture? What do you mean by after the capture? After the vessel sailed?

Answer. No; after they had taken charge of her.

Question. After who had taken charge of her; the lieutenant?

Answer. Yes, sir; and his crew from the brig Jeff. Davis.

Question. Did you see the lieutenant and his crew return to the Jeff. Davis?

Answer. O, yes.

{p.95}

Question. When did they return?

Answer. They returned with Captain Devereux and Mr. Page and I think Captain Devereux’s son.

Question. In whose charge was the vessel when they returned?

Answer. In the charge of the prize crew.

Question. Did you see the prize crew leave the Jeff. Davis?

Answer. Yes, sir; I saw the second lieutenant, Mr. Stuart, make out the list; I sat by the side of him at the time on board the Jeff. Davis when he made out the list for them to go.

Question. Do you recollect the names in that list?

Answer. Yes, sir; there sits a man whose name was first on the list (pointing to the prisoner).

Question. How many men went?

Answer. Five, with himself,

Question. Did they return to the Jeff. Davis?

Answer. No, sir.

Question. What time in the evening was that?

Answer. Somewhere about 7 o’clock; it might have been before it might have been after; I cannot say exactly.

Question. Do you recognize William Smith as that man?

Answer. Yes, sir.

Question. Did you see him frequently on board the Jeff. Davis while you were there?

Answer. Of course I did; I was in his company all the time; sometimes near sometimes not; we were always as near as the business of the vessel allowed.

Question. Give us a little notion of the character of the armament of this vessel. How many guns had she?

Answer. She had an 18-pounder pivot gun that went around-worked any way-amidships, and she had four other guns, two on each side.

Question. Did you see any pistols?

Answer. She had also a rack down below in her cabin of double-barreled guns. I cannot say how many there were; there might be fifty for all I know. I should not say there were much less than fifty.

Question. The Enchantress and the Jeff. Davis parted company about 8 o’clock in the evening?

Answer. Yes, sir.

Question. That was the last you saw of the Enchantress?

Answer. Yes, sir; until she arrived in Philadelphia.

Question. How did you get to Philadelphia?

Answer. I came here in the ship Mary Goodell.

Question. With your captain?

Answer. Yes, sir; with Captain Fifield.

Question. And with Captain Devereux and Mr. Page?

Answer. Yes, sir.

Cross-examined by Mr. WHARTON:

Question. I think you said it was the second lieutenant that made out the list of the prize crew?

Answer. Yea, mix.

{p.96}

Question. He wrote their names down on a piece of paper?

Answer. Yes, sir; he wrote their names down.

Question. Did he hand that paper to Smith?

Answer. I do not know what he did with that paper; he went away from me then.

Question. With the list in his hand?

Answer. Yes, sir.

Question. Did you see Smith leave with the men under him?

Answer. Yes, sir I saw him go away.

Question. How near were you to him while he was making out this list and picking out the prize crew?

Answer. We were sitting side by side.

Question. Then you heard what he said to Smith I presume?

Answer. No; he only picked the crew out himself. I saw him pick out the crew for the other schooner also.

Question. That I am not asking about, but just this particular thing. What directions did he give Smith?

Answer. He did not give him any directions that I heard. I only saw him make out the list.

Question. Then you did not heat him or see him direct Smith to go on board?

Answer. No, sir.

Question. How long afterwards did that occur?

The WITNESS. After when?

Mr. WHARTON. After he made out the list.

The WITNESS. Before Smith went on board the vessel?

Mr. WHARTON. Yes, sir.

The WITNESS. I do not know as to that. It might be an hour or two hours.

Mr. WHARTON. I thought it occurred probably at the same moment from the manner you described it.

The WITNESS. While they were boarding he made out the list of the prize crew who were to go.

Question. Then they were selected beforehand and an hour or two afterwards they left?

Answer. Yes, sir.

Question. Then you were not with the second lieutenant when he sent them on board?

Answer. No, sir.

Question. Did you know where the Enchantress was to be taken to?

Answer. It would be impossible for me to tell where they were going to. I cannot tell you. I heard on board the vessel that they intended to take her to some Southern port-Charleston or Savannah.

Question. Do you know of any messages being sent along with them, or letters, or anything?

Answer. No, sir. I saw papers sent.

Question. What papers?

Answer. I do not know what they were.

{p.97}

Question. What do you mean by papers-newspapers?

Answer. No; not newspapers but some papers that they had-that they took with them.

Judge CADWALADER. You mean the prize crew took certain papers with them?

The WITNESS. Yes, sir.

Mr. WHARTON. From whom were those papers received by the prize crew?

Answer. I do not know. They used to handle the papers of every vessel they took from one to the other. I did not take particular notice.

Question. But you know the fact that certain papers were taken by the prize crew on board the Enchantress?

Answer. Yes, sir.

Question. Where did you sleep while you were on board the Jeff. Davis?

Answer. In various places. I slept in the cabin, I slept in the hold and I slept on deck.

Question. According to the necessities of the occasion?

Answer. No; just as I chose.

Question. Then you had an option of sleeping pretty much all about?

Answer. I had a bunk in the cabin. It was taken away from me and I was told to sleep in the hold, and one night I slept on deck.

Question. You got your meals regularly?

Answer. Yes, sir.

Question. How many days were you there?

Answer. From the 6th to the 9th of July.

Mr. ASHTON. What did you eat on board the Jeff. Davis?

The WITNESS. Our own provisions principally-the provisions that were taken from the different prizes.

Mr. WHARTON. Do you happen to know who was the captain of the Jeff. Davis?

Answer. Captain Coxetter I believe.

Question. Do you know the list of officers that she had?

Answer. I can tell you some. Postell was first lieutenant and Stuart second lieutenant.

Question. Were there any other officers that you knew of?

Answer. There was a doctor; I forgot his name.

Question. Was it Babcock?

Answer. Yes; that was it.

Question. Were there any other officers?

Answer. They used to have petty officers such as boatswain and stewards but I do not know their names.

Question. They had the usual petty officers on board a vessel?

Answer. Yes, sir; they termed them such I believe.

Question. Had they a sailing master?

Answer. I do not know.

{p.98}

Question. Who navigated the vessel?

Answer. I do not know. I used to see all hands at work in navigation.

Question. But you do not know who directed her, whether it was the captain, first lieutenant or some other officer?

Answer. I do not know.

Question. Had the marines a captain or commander?

Answer. Yes, sir; there was a captain and a lieutenant of marines on board.

Mr. HARRISON. Can you mention the names of the five persons who you stated were put along with Smith on board the Enchantress as a prize crew?

Answer. I can give you the names I think.

Mr. WHARTON. When did you happen to make that memorandum that you are looking at?

The WITNESS. I have memoranda from the time I was taken.

Mr. WHARTON. Then it is contemporaneous history-very valuable of course.

The WITNESS (after consulting a memorandum book). The prize crew consisted of Smith, Lane, Bradford or Radford (I do not know which it was) and two others whose names I do not recollect.

Mr. HARRISON. Were there five besides the defendant or five in all?

The WITNESS. There were four besides Smith; he made five.

THOMAS B. PATTERSON called and affirmed and examined by Mr. ASHTON:

Question. You are deputy marshal of this district?

Answer. Yes, sir.

Question. How long have you been deputy marshal?

Answer. Since the 1st of May I think.

Question. Do you recollect arresting Smith, the prisoner at the bar?

Answer. I do not recollect the name. I recollect arresting five prisoners. I think Smith was one of them.

Question. Upon a warrant issued by whom?

Answer. By Mr. Heazlitt, U. S. commissioner.

Question. Did you make the arrest yourself personally?

Answer. Yes, sir.

Question. Where was the arrest made?

Answer. At the navy-yard. I took them from on board a vessel.

Question. What vessel?

Answer. It was the Albatross.

Question. Where did you find the prisoners?

Answer. They were down below when I went on board the vessel and they were ordered up by the commander of the vessel.

Question. Were they in irons?

Answer. They were in irons.

Question. To whom did you show your warrant when you first went on board the vessel?

Answer. The commander. I told him I had a warrant for the prisoners.

{p.99}

Question. Who pointed them out to you as the prisoners?

Answer. They were brought up and put into carriages in irons. I did not disturb the irons.

Question. Where did you take them?

Answer. To Moyamensing Prison and lodged them there.

Question. Where was the Albatross lying at that time?

Answer. Lying atone of the wharves of the navy-yard; right alongside the wharf.

Question. Was she moored to the wharf?

Answer. Yes, sir.

Question. Had you any conversation with the captain of the Albatross in regard to them in their presence?

Answer. Not in the presence of the prisoners.

Question. Had you a conversation before they were brought before you?

Answer. No, sir.

Cross-examination by Mr. WHARTON:

Question. You say you arrested these men and they were in irons?

Answer. Yes, sir.

Question. Is that what you would say was an ordinary arrest-to take a man who was already in irons and in the custody of somebody else?

Answer. I do not know. I took them just as they were.

Question. Be kind enough to describe to the jury the character of the irons; how were they fastened?

Answer. I think they were ironed hands and feet.

Question. Describe the character of the irons or manacles or whatever you call them.

Answer. I think the irons on their wrists were the ordinary cuffs with a bar, and on their feet they had a short chain, just so that they could move about and walk.

Question. How was the chain fastened; to either or both legs?

Answer. To both legs.

Question. How fastened?

Answer. There was a band that went around the ankle and then a chain connecting the two bands.

Question. What was the weight of these irons?

Answer. They were not very heavy. I do not know what the weight was. They were light.

Question. Have you got them?

Answer. No, sir.

Question. What has become of them?

Answer. I sent them on board the vessel again.

Question. You did not preserve them?

Answer. No, sir. They belonged to the vessel.

Question. How did you know that?

Answer. The captain told me so. He asked me to send them back immediately. They were sent back.

{p.100}

Question. When you went on board the vessel these men were down in the hold?

Answer. Yes, sir.

Question. Did you go down there?

Answer. No, sir.

Question. You say they were ordered to be brought up; were they able to walk?

Answer. Yes, sir. The chain was long enough to allow them to walk. They walked from the vessel and got ashore.

Question. Do you know how long they had been confined in the hold thus ironed?

Answer. No, sir. I do not know anything about that.

Question. Where is the captain of the Albatross? Do you know?

Answer. I do not know.

Question. How long ago was this?

Answer. I cannot tell you without referring to the dates in the marshal’s office.

Mr. WHARTON. I suppose the warrant is here on file. That would give the date.

The WITNESS. The warrant would give the date, but it is not here. I believe it is down at the prison.

Question. What is the name of the captain of the Albatross?

Answer. I do not recollect his name.

Question. He is an officer of the U. S. Navy?

Answer. Yes, sir.

Mr. ASHTON. Captain Prentiss was captain of the Albatross at that time and I presume is now.

Mr. WHARTON (to the witness). Do you know where the Albatross is now?

Answer. I do not.

Question. Do you know any of the other officers of the Albatross?

Answer. No, sir.

Question. How soon after her arrival did you go on board and receive these men?

Answer. I think it was two or three days after the arrival of the vessel; I am not certain as to that.

Question. Who made the oath for the issuing of the warrant?

Answer. That I do not know. The oath though was made here.

Mr. WHARTON. It ought to be among the records here.

Mr. ASHTON. I will see where it is. I presume Mr. Heazlitt has it.

Mr. WHARTON (to the witness). Was it necessary to lift the chain to enable the men to get into the carriage?

Answer. It was necessary to lift them into the carriage but they walked freely.

Question. What was the length of the chain?

Answer. About twelve inches, perhaps a little longer. I did not take very particular notice of the length. They could move about freely, though.

Question. Do you know whether the Albatross brought along with her any papers that were taken with these men?

Answer. I do not.

{p.101}

Question. You do not know whether the captain of the Albatross had possession of papers belonging to them?

Answer. I do not know anything about that. I merely made the arrest.

CHARLES W. PAGE recalled and examined by Mr. ASHTON:

Question. Do you know where the Enchantress is at present?

Answer. I believe she is on her way from Saint Jago to some Northern port.

Question. Were you in Philadelphia when she sailed from this port?

Answer. I was.

Question. When did she sail from Philadelphia?

Answer. I think it was the 22d or 23d of August; I cannot state positively.

Question. Were you present when she sailed?

Answer. Yes, sir.

Question. Did she go down the river?

Answer. Yes, sir.

Cross-examined by Mr. WHARTON:

Question. You say the Enchantress sailed from this port on the 22d of August for some foreign place; were you here at the time?

Answer. I was.

Question. How did she get here? Was she brought up by the Albatross?

Answer. That is more than I can tell you.

Question. How long had she been here when you knew she was here?

Answer. I cannot tell.

Question. Then how do you happen to know that she sailed from here just on the 22d of August and know nothing else about her?

Answer. I was telegraphed to at the place where I belong to come on here and go in the vessel.

Question. When you came here you found her here?

Answer. Yes, sir.

Question. You do not know that she was brought here by the Albatross?

Answer. I cannot swear to that. I have read that; that is all I know about it.

Question. You had not been here at all before that?

Answer. I had not.

Mr. WHARTON. Of course that accounts for you not knowing what occurred in the interval.

Mr. ASHTON. Did you see the log of the Enchantress when she sailed?

The WITNESS. The log was on board.

Mr. ASHTON. What log?

The WITNESS. The log-book that was originally on the Enchantress.

Mr. ASHTON. I now offer in evidence the Appendix to the U. S. Statutes at Large for the Thirty-seventh Congress, first session, containing the various proclamations of the President of the United States in relation to the rebellion.

Mr. WHARTON. Certainly.

Mr. ASHTON. We rest here for the present.

{p.102}

Mr. WHARTON. I should like to have the date of the affidavit from the warrant as part of the case of the United States. A witness was on the stand who by reference to a document in court could fix the date. Mr. Patterson said he could not speak of the date without reference to the warrant.

Judge CADWALADER. Is your sole purpose to get the date?

Mr. WHARTON. Not my sole purpose. It is to get the date and also see whose affidavit it was, and perhaps it may lead to an inquiry why that person is not here. I do not know who made the affidavit.

Mr. ASHTON. Nor do I. I know that the arrest was upon an affidavit. Whose affidavit it was I do not know. Mr. Wharton can prove that as well as I can.

Judge GRIER. Can that be material in any possible point of view?

Mr. ASHTON. I do not see how it can be.

Judge GRIER. I suppose if that paper is found at any time it will be brought here and handed to the counsel.

Mr. WHARTON. That will satisfy us.

Mr. O’Neill opened the case for the defense as follows. [Address omitted.]

...

Mr. HARRISON. Before calling any witnesses we propose if your honors please to present as evidence in this case, because they are matters of public notoriety and part of the history of the country, the Constitution, proclamations and laws and various proceedings of what is called the Southern Confederacy as contained in these three volumes of a book published in the city of New York and entitled “Moore’s Rebellion Record.”

Mr. ASHTON. For what purpose?

Mr. HARRISON. To show that there was such a Constitution and that there were such laws, proclamations and proceedings as they purport to be. I do not present them as evidence of the authority of the Southern Confederacy to make or to issue any such laws, proclamations and Constitution but simply as part of the res gestæ of this case to go before the jury and before your honors so as to permit us to be heard in regard to them.

Mr. WHARTON. For the purpose of showing the existence of a government de facto claiming to be such and to administer justice and to regulate those persons actually within its jurisdiction, whether rightful or wrongful that jurisdiction happens to be.

Mr. HARRISON. And to show the quo animo with which this act was done.

Mr. WHARTON. Your honors are no doubt aware that there are consequences resulting from the facts if the evidence is admitted which it is not necessary now to discuss but which will be discussed in an after stage of the cause. We are simply stating now the points of fact that we desire to prove and the purpose of laying those facts before the court and jury.

Mr. HARRISON. I stated to your honors the day before yesterday that I had made every possible effort to obtain that evidence in an authentic shape, but owing to the extreme difficulty-indeed I may say the impossibility-of postal communication with the only source from which that information could be obtained we were compelled to resort to this as the only possible evidence of these matters within our reach.

{p.103}

Judge GRIER. Do you gentlemen representing the Government object?

Mr. ASHTON. Yes, sir; we object.

Judge GRIER. On what grounds?

Mr. ASHTON. On two grounds; first, that there is no evidence that this book contains correct copies of these documents; second, that it is not pertinent to the issue because it would not either excuse or justify the acts proved to have been done by the defendant.

Judge GRIER. Suppose it is all the excuse or justification they have got have they not a right to show it and have the court pass upon it?

Mr. ASHTON. I merely make the objection and state the grounds on which it rests and ask your honors to pass upon it.

Judge GRIER. You want us to decide what may be the grave question of the cause on a mere point as to the admission of testimony. I am inclined to admit the testimony if it is at all relevant to the defense. Whether that defense is a good one or not is to be considered afterwards.

Mr. KELLEY. May it please your honors as I understand the offer now it is to put in a certain book called the Rebellion Record which from my general recollection contains a large amount of poetry.

Judge CADWALADER. I do not understand the offer in that way, but it is to submit particular parts of the book.

Mr. WHARTON. We propose to offer specific parts. The poetry we leave to the other side.

Mr. KELLEY. We would rather go to a purer fountain even for that.

Judge GRIER. I suppose it is proposed to give historical evidence of historical facts.

Mr. WHARTON. That is it; and it happens to be found in a particular book. It may be damaged by intercourse with poetry; we do not know. We only offer what purports to be official documents, as official as anything from such a source can be. We do not offer the book in the mass but merely as containing a list of those public documents which we can best reach in this form-no better for being in the book perhaps no worse.

Mr. HARRISON. If there is any other and more authentic publication of these facts we shall accept it from the learned counsel on the other side.

Judge CADWALADER. Whatever documents are offered I think ought to be particularly indicated and read. We cannot consider such publications as this in a lump. Or if counsel do not wish the trouble of reading them aloud the page and line may be indicated so that the court may examine the various documents. We cannot understand a book of that sort to be in evidence without the parts which counsel desire to consider being particularized. It would be inconvenient to both sides.

Mr. HARRISON. I want first to present the Constitution of the Southern Confederacy and the secession ordinances of the Southern States.

Judge GRIER. The offer is to show the Constitution of the so-called Southern Confederacy and the secession acts of the different States?

Mr. HARRISON. Yes, sir.

Judge GRIER. I am disposed to admit it. You cannot get absolutely authentic copies of those documents. They are regarded as historical facts and you must take the best historical evidence you can get. Indeed, they are referred to in the President’s proclamations already produced by the prosecution. It is now proposed to offer them as historical facts. We never decide the value of evidence on such a point.

{p.104}

If it tends to prove the defense (whether that defense be good or bad) we think the testimony should be received. We should prefer to have authentic copies of these documents properly certified; but that being impossible and the facts being historically true there ought to be some way of getting at them. I do not know what effect they may have. We shall have to consider that after the documents are before us. But as the case now stands I think this offer ought to be admitted.

Mr. ASHTON. My objection did not apply to the form in which the documents are but to the documents themselves. I think if those documents themselves were here properly certified they would not be evidence to justify the crime.

Judge GRIER. That question is not decided. A man’s defense ought to be the best he can make. If the testimony tends to prove it it ought to be received, and then whether that can be a justification or not is afterwards the question of the case to be decided but you must have the case before you before you can decide it.

Mr. ASHTON. It was decided in Hutching’s case, tried in the circuit court of the United States before Chief Justice Marshall at Richmond in 1817 (1 Wheeler’s Criminal Cases, 543), that on trial for piracy a commission as a privateer from a government not recognized by the United States cannot be received in evidence as a valid commission but only as a paper found on board the vessel and cannot be received to justify piratical acts.

Judge GRIER. You can find hundreds of cases both civil and criminal where the essence of the case has been decided on the admission of testimony. I only say as a matter personal to myself that I never do it. If the testimony offered is proof of the defense urged I always admit it and decide on it when the whole case is presented. I know you will find hundreds of cases to the contrary. I do not act on authority when I so decide but on my own particular method of doing business which I think is just and right.

Mr. ASHTON. My impression was that the authorities were in a different direction; that it was first to be seen whether the defense would be a good defense before testimony would be admitted.

Mr. WHARTON. I will give your honors some documents by date and specific reference that we offer: First, the proclamation of President Lincoln of April 15, 1861, to be found on page 301 of Upton’s Maritime Warfare and Prize.

Judge CADWALADER. Excuse me for suggesting that you have that in a more authentic form.

Mr. WHARTON. I know the district attorney has offered it. I merely allude to it now in connection with other documents in the same book. We next offer the proclamation of Jefferson Davis dated April 17, 1861, which is the proclamation under which these letters of marque and reprisal were issued. That is to be found on page 302 of Upton’s work. That was followed two days afterwards by a second proclamation of the President of the United States dated April 19, 1861. Then followed the proclamation of President Lincoln of April 27 and then the proclamation of Commodore Pendergrast of April 30.

Judge CADWALADER. Notification you had better call that.

Mr. WHARTON. It is a notice of the blockade by Commodore Pendergrast on the 30th of April, referring to the President’s proclamation of the 27th, and therefore properly a notification undoubtedly. Then next in order is the proclamation of President Lincoln of the 3d of May. Next is the proclamation of Queen Victoria. We give that in evidence {p.105} to show the state of hostilities in the apprehension of the civilized powers of the world as existing between the so-called Confederate States of America and the United States of America. It is to be found on page 304 of Upton. The date is the 14th of May the district attorney tells me. Then I offer in evidence simply as proof of the facts I have just mentioned and other facts connected with the subject Twiss’ Law of Nations, the Loud on edition, published in the present year.

Judge CADWALADER. Would you not prefer reading that as authority in the course of the argument?

Mr. WHARTON. We offer it as historical evidence of a state of facts existing in this country. Your honors will see how it bears on the case as part of its general complexion showing the manner in which the state of things in this country is viewed by other nations. On pages 56 and 57 of Twiss’ work-I am now merely making an offer and describing what the offer is-will be found an historical statement of the occurrences in this country and the dates of the different secession ordinances of the States and of the Constitution of the so-called Confederate States. The provisions of these ordinances and this Constitution are historically mentioned and treated in this book and the facts alluded to as existing facts in the history of the world.

Judge GRIER. You may offer that book as the best evidence you can get of the dates of certain proclamations and certain ordinances of these men but we cannot receive as authority his opinion of the facts or the opinion of people in Europe who do not care a fig about the matter.

Mr. ASHTON. If I remember Twiss’ book aright it announces the fact that certain secession ordinances were passed at certain times.

Judge GRIER. We all know the fact that they were passed.

Mr. WHARTON. The secession ordinance of South Carolina is dated December 20, 1860. Then the Constitution of the so-called Confederate States of America for their Provisional Government is dated February 8, 1861. Then I offer this book as proof of the fact which perhaps could only be proved historically in some such way that Mr. Jefferson Davis, whose proclamation I have put in evidence, was inaugurated as President of the so-called Southern Confederacy on the 18th of February, 1861, prior to the date of the proclamation that I have given in evidence. I think the locality was Montgomery, Ala.

Mr. KELLEY. We agree that that book and the Rebellion Record may fix the date of the various secession ordinances.

Mr. HARRISON. If your honors please, there are sundry proclamations which were issued by the Southern Confederacy after its formation and some which were issued by the various States composing that Confederacy from time to time which I desire to offer. If your honors insist on our giving you a note of these documents regularly we must ask a little time in order to enable us to ransack this record and furnish the dates. It is proper for me to state that that would have been done and I would not stand here now offering this evidence in this wholesale manner but that I was under the impression that this record would be considered in evidence, to be taken up and referred to and Commented on by counsel on both sides in part or in whole as might be deemed necessary.

Judge CADWALADER. But you do not now ask to put it on that footing. You ask to put it in as evidence. It is very likely that if nothing had been said on the subject the counsel on both sides might have referred to this matter of public notoriety and conceded all that {p.106} you ask; but you desire with prudent caution to have the matter on which you rely particularly cited. It is to promote your own wishes, Mr. Harrison, that if you desire that you must make your offer particular.

Mr. KELLEY. I think that the opening of my learned brother (Mr. Ashton) exhibited just such a desire on our part and I tried to make my friend on the other side understand that such was our desire.

Judge GRIER. Counsel may refer historically to any book that shows the date when particular acts were done.

Mr. KELLEY. Originally we did not feel disposed to file an agreement that that might be done, and we do not now feel disposed to admit that that which is not legal evidence should be admitted; but we were disposed to take the great facts before the country from the best sources we could get them. I have myself relied largely upon this very Rebellion Record which is before us. Twiss’ book appears to have been compiled with great care; I mean as to its facts not as to its theories of law. As to its facts it seems to have the dates accurately.

Mr. WHARTON. I take it that when you refer in the course of a case historically to historical facts as bearing on the case you can only refer to them properly as matters of evidence bearing on the case; and as there seemed to be a little misapprehension between the other gentlemen in this case (in which I was not a partaker at all) I thought I would put our proposition in a formal shape by the offer of the evidence which has been received; and it seems to me to be enough to fill up the general outline of the case and then the other documents which are subsidiary, the acts of the different States, the warlike proclamations, &c., we may perhaps leave for reference as we go along.

Judge GRIER. They are matters of very little importance. You have the great facts.

Mr. WHARTON. We have the great fact of a government de facto in the South and especially the proclamation authorizing these letters of marque and reprisal; and as this was a charge of piracy that proclamation seemed to me to be the great document in the case.

Judge GRIER. Certainly enough to raise your defense.

Mr. WHARTON. Enough to raise the question whether this man is or is not a pirate or robber.

Mr. HARRISON. I am very sorry to be under the necessity of troubling your honors again, but I want to know and with the permission of your honors I intend to know how I shall stand when I come to sum up for the defense. I desire to know whether under the view announced by your honors now I shall be at liberty to comment on the sequestration and confiscation and militia laws of the Southern Confederacy as I shall find them laid down in this Rebellion Record. If I cannot have that permission without specially referring to them now I ask to be allowed a few moments until I can specify such portions of this book as I desire to refer to. I do not intend to be met again as I have been met to-day with objections that I did not anticipate.

Judge CADWALADER. I do not think you have met with any embarrassment.

Mr. HARRISON. Certainly not on the part of your honors.

Judge CADWALADER. Nor any from counsel that need cause you any difficulty. Although it would have been more convenient if these things had been prepared beforehand it is perfectly agreeable to the court that you should sit down now and take all the time you want to do what you suggest.

Mr. HARRISON. I will select the documents which I propose to offer.

{p.107}

Judge CADWALADER. If it is preferred the gentlemen can defer this part of the case until to-morrow morning.

Mr. HARRISON. That will be very satisfactory.

Judge CADWALADER. In the meantime you can go on with your oral testimony.

EDWARD ROCHFORD called and sworn and examined by Mr. HARRISON:

Question. Where were you born?

Answer. In England.

Question. In what State were you living when you joined the service of the Southern Confederacy?

Answer. Georgia.

Mr. ASHTON. Excuse me for interposing but it is proper for me to state to the court that this is one of the defendants who has been indicted for the same crime in another bill.

Judge CADWALADER Mr. Rochford, you will understand that you are not bound to answer any questions which may tend in any way to criminate yourself, as it is said you are also under charges. You understand that what you answer will be of your own free will and you will not injure yourself by being silent. If you choose not to answer there is no unfavorable inference against you. Do you understand me?

The WITNESS. Yes, sir.

Mr. HARRISON. I am counsel for Mr. Rochford and would therefore hardly ask him a question in this case that would embarrass his defense. I am very much obliged to the Government though for its interposition. (To the witness.) Do you know of what State defendant William Smith was a resident?

The WITNESS. He lived in Savannah, Ga.

Question. Has he or has he not been a resident of Savannah, Ga., for several years?

Answer. Yes, sir; he has been a branch pilot there. I knew him to pilot in several vessels whilst I remained there. I saw him on board vessels. I was going to Europe in the summer and coming back in the fall.

Question. He was a resident of Savannah at the time and before the commencement of the difficulties between Georgia and the Government of the United States?

Answer. Yes, sir.

Question. Do you know that fact?

Answer. Yes, sir.

Question. Are you acquainted with the prisoner’s family?

Answer. I was acquainted with both his brothers-in-law and a brother of his.

Question. Do you not know that he is a married man with a family?

Answer. Yes, sir.

Mr. KELLEY. One moment; I do not see the pertinency of this kind of examination.

Mr. HARRISON. We can argue that hereafter.

Judge GRIER. I suppose it does not make any difference whether he is married or not, but if the gentlemen think it of any importance let him ask it.

{p.108}

Mr. HARRISON. It may be important as showing that he had reasons for not desiring to submit to the confiscation or sequestration of his property. (To the witness.) Did you see Smith on board the Jeff. Davis?

The WITNESS. Yes, sir.

Question. Who was the captain of the Jeff. Davis?

Answer. Coxetter.

Question. State if you ever saw or heard the letters of marque and reprisal or what purported to be letters of marque and reprisal read to the crew of the Jeff. Davis.

Answer. Yes, sir; I saw them and heard them read by the purser, Mr. Babcock.

Question. State when that occurred and in what way it was done.

Answer. On the 12th of June Captain Coxetter called all hands aft. We were lying in the harbor of Charleston. The purser and the captain stood together and said they were letters of marque issued by President Davis, of the Southern Confederacy. He read them.

Question. Did this letter purport to give an authority to the Jeff. Davis to make war upon the Government of the United States?

Mr. ASHTON. I object.

Mr. WHARTON. Suppose he states what he heard read.

Judge CADWALADER. That would be better.

Mr. WHARTON (to the witness). Just state what you heard read.

Answer. They gave authority to the brig Jeff. Davis to wage war against the United States as near as I can explain it.

Mr. HARRISON. Was there any portion of the brig Jeff. Davis where the letters of marque or a copy thereof or a reference thereto was stuck up in a public place?

Answer. No, sir.

Question. Was it under that letter that Mr. Smith and the rest of the crew enlisted and served?

Answer. When the full number were on board that were going in the brig it was read to us.

Mr. KELLEY. State only what you know.

Mr. WHARTON. Was smith there?

The WITNESS. Yes; Captain Smith was one of the men.

Mr. HARRISON. Now tell us if you know anything about the operation of the sequestration, confiscation and militia laws of the Southern Confederacy?

Mr. ASHTON. That I object to.

Mr. HARRISON. Let me put the question in a specific form and you can make a specific objection. (To the witness.) Can you state how far the militia laws of Georgia at the time of which we are speaking compelled persons to render either military or naval duty to the State of Georgia and to the Southern Confederacy?

Mr. ASHTON. We object to that.

Judge GRIER. I do not think a person unlearned in the law can be brought here to testify to the statutes of another country.

Mr. HARRISON. Your honors will see the point to which the question is put. I am not able to offer those laws because I have been cut off from all possibility of communicating with the only source from which they could be obtained.

Judge GRIER. You may speak historically of what everybody knows. Every one knows there has been great violence used down there, men compelled to enlist, &c.

{p.109}

Judge CADWALADER. What is it proposed to prove?

Mr. HARRISON. I simply desire to prove that according to the state of things existing in Georgia at the time in question all able-bodied men over the age of sixteen and under the age of sixty were required to render military or naval duty or to leave the country. That has a bearing materially on the point of duress, which is one of the points on which we purpose to rely in this case. I think when your honors consider the peculiar condition in which we are placed and the impossibility of our being able to offer these laws in a more authentic form and the material bearing they have on the quo animo of these parties you will conclude that we ought to be permitted to offer this testimony.

Mr. WHARTON. I will merely add to what my colleague has said in order to put it in a slightly different shape without by so doing interfering at all with the form of the question as he has put it, that we propose not so much to prove a foreign law by the testimony of a witness like the one at the stand as to prove the fact that by any law or without any law (and that is unimportant as bearing on the intention of this party), by the compulsion so to speak of those who administered the Government there, he and others were compelled to render military or naval service to the existing Government, whatever it was.

Judge CADWALADER. Mr. Harrison stated it differently. He said “or to leave the country.”

Mr. WHARTON. I include that in the mode of putting it.

Judge GRIER. If you could prove that the defendant was put on board the vessel by compulsion against his own will and served there as many a man has done on a pirate vessel contrary to his own will that would be directly to the point.

Mr. WHARTON. That is a strong statement of what would be within the same principle as what we propose to prove. I do not mean to put it exactly as a matter of fact in that shape that he was carried on board by compulsion. I do not mean that the offer of evidence goes to that extent; but what I do mean to offer is (not interfering at all with the point of view in which Mr. Harrison put it which stands on its own merits) that in the state of things existing in Georgia when this man was there he was compelled by those who administered the Government to render to that Government military service, and that as the alternative of not doing it he would be compelled to quit the country. How far that would in law amount to the sort of compulsion to which his honor has referred is of course a question for argument hereafter, but the state of facts we desire to put in evidence is that, and it seems to us to bear very strongly on the intention of the party in carrying on the particular kind of warfare to which he devoted himself.

Mr. KELLEY. May it please your honors if I understand the offer at all it is to prove that there was at some time in the State of Georgia a law which all these men may have participated in making, which they themselves may have brought about, which called upon every man to serve either in a certain army or navy on the painful alternative of leaving that State. I take it that that can have no bearing on this case. If the gentlemen proposed to prove that this man Smith was impressed, forcibly seized in the streets of Savannah or elsewhere, carried on board this vessel and there detained against his will that would be perfectly competent. But suppose that there even were proof before the court that there was such a law and that these men had opposed its passage it would not exclude (nor do I understand that there is a purpose to follow it up with the exclusion of) the alternative of leaving the State, it would not show that they were in any wise impressed; that they did not voluntarily choose the position they {p.110} assumed and acted upon when they captured the schooner Enchantress. I cannot see its relevancy. Even under all the liberal offers of the Government here as to what may be deemed testimony I cannot see that it is the best which could be offered. If it were at all pertinent, relevant or in any wise conclusive we should not object.

Judge CADWALADER. The question at present is not the effect of it but its competency. Mr. Harrison says if I understand him that he desires to prove that all able-bodied men in that country were required by law to render naval or military service or leave the country. Mr. Wharton adds, “We desire to prove that this man was in fact compelled to enter into military or naval service or leave the country.”

Mr. WHARTON. As an existing state of facts there where he was.

Judge CADWALADER. That is to say the existing state of facts produced the necessity. Is that what you mean?

Mr. WHARTON. Yes, sir.

Mr. ASHTON. I should like to know which offer is before the court; that of Mr. Harrison or that of Mr. Wharton?

Mr. WHARTON. Both.

Mr. HARRISON. I thought it was agreed that this was a case in which we were not to be very particular as to form?

Judge GRIER. I think we have got very wide already but this is extravagantly wide.

Mr. HARRISON. I respectfully submit that we may be able by this testimony to show such a state of facts as if not amounting to actual, positive physical force would at least amount to that degree of moral and legal force which would constitute that kind of duress-which would be a good legal defense to the accused here. That, however, is a question for argument hereafter and I do not propose to go into it now. I did suppose that under the peculiar state of things existing here, in view of the impossibility of getting copies of these laws, we should be allowed to show by a witness who knows the fact that these laws so far as they were susceptible of producing duress were brought to bear on the prisoner at the bar, and that under their influence he was induced to take the position which he did take at the time of the commission of the alleged offense.

Judge GRIER. A sort of moral duress.

Mr. HARRISON. Something more than that. If this man’s home and property lay South he may not have been able to afford to leave them. It may have been impossible for him without an absolute sacrifice of everything to leave the country in which he lived, and to which as we shall contend before your honors he owed at least an involuntary if not a voluntary allegiance. How are we to get the benefit of this point? It is an important point in the case.

Judge GRIER. You might more justifiably I think plead the total insanity of the people in the South altogether. The question was once asked whether a nation could be insane as well as an individual. I have no doubt it can. You might as well set up national insanity. If, however, my brother Cadwalader has any doubt about it your question shall be admitted.

Mr. HARRISON. I hope your honors will give us the benefit of that doubt.

Judge GRIER. I do not know that he has any.

Judge CADWALADER. I am of opinion that this witness is not competent to testify as to the law of Georgia. When a question is put tending to prove any particular fact that occurred it will be time enough to consider its competency.

{p.111}

Mr. WHARTON. Then I will put the question in the modified shape I suggested, whether at the time in question-the defendant was not in point of fact compelled to render military service to the existing Government of the place where he was under pain of being turned out of the country if he did not.

Judge GRIER. It seems to me that that is only the previous question generalized a little so as to get clear of the particular facts on which it was rejected. It is only asking his opinion of a fact. I observe that it was very nicely put.

Mr. WHARTON. May it please your honors, it is very difficult to view broad facts such as national facts without incorporating matters of opinion into the view of those facts. It is not like the question put by my colleague which your honors overruled as to the existence of particular facts in certain figures written as a statute law. You prove the existence of a certain public statute; there is no matter of opinion or conjecture about it. But when you deal with great political facts it is different. Take for example the fact of an insurrection in the Southern country. That necessarily involves matter of opinion. Upon that state of facts we have in evidence the opinion of the President of the United States as shown in his proclamations. He has stated that a rebellion and insurrection existed within certain territorial limits. That is partly a matter of opinion; perhaps on the part of the President altogether so, because derived from the information of others. He was not there; he did not see the assembling of armed men and the commencement of belligerent operations. Those great national facts which are shown in that way are of themselves necessarily in a great measure matters of opinion or judgment. That is in the case already, and all that I propose to ask of this witness now is whether the state of things was not such that in point of fact the prisoner at the bar was compelled to render military service to the existing Government. He will tell us exactly what he knows on that subject, and what the state of public opinion and of action there was in reference to this sort of conduct. I agree that it is partly compounded of the opinion of the witness, but I respectfully submit that that does not exclude it from the character of legal testimony in the ease.

Judge GRIER. It strikes me that this is only inserting the words “in point of fact” in the previous question in order to get the opinion of the witness. If there is a great insurrection on this theory may not every fellow say, “I had to go with them; there was so much violence and excitement that I was forced to act with them,” and thus may not the whole hundred or hundred thousand escape?

Mr. WHARTON. I submit that that is the only way you can deal with communities, and it is just that concentrated action which gives character to the act; gives it publicity in fact. To refer to an analogy which was suggested by one of the judges on the bench in the ease of insanity it is very easy for a man to counterfeit or feign insanity so as to impress his neighbors and those who are conversant with him with the conviction that he is insane; but when you call a witness to testify as to the state of mind of another it is not an objection to his-testifying to the fact that it is possible the whole of it may be feigned. I respectfully submit therefore that although these questions do involve to a certain extent matter of opinion that does not deprive them of the character of legal evidence. We cannot get at the fact of an existing law in Georgia I presume by any mode known to the laws of the United States. That is one of the facts in the case which we cannot get over.

{p.112}

Mr. ASHTON. It is one of the enormities.

Mr. WHARTON. It may be one of the enormities of the conduct of others under whose enormity of conduct this defendant may be now suffering. I suggest that if a state of things existed at that time in the Southern country to induce the conduct complained of on the part of this defendant he cannot be tainted with the imputation of that general spirit of plundering all mankind which is an essential composition in the character of a pirate or sea robber. It is all as bearing on that that this testimony is offered and I respectfully submit that in that shape the question may be properly put.

Mr. HARRISON. There is, if the court please, another point of view in which this testimony it seems to me may be properly admitted. This is clearly a case where the party having shown the impossibility of obtaining that primary evidence which would alone be admissible if the circumstances of the case had allowed it, is justified in law in introducing that secondary evidence of which the case is susceptible. Have we not strictly brought ourselves within that rule of law which entitles us here to introduce before your honors and the jury as secondary evidence the only possible proof in our power of the existence and character of the statute of Georgia? We are unable to obtain a certified copy from the State of Georgia. Every effort has been made to obtain it. More than twice have I written for the purpose of getting a full and authentic copy of all these documents, and I have been disappointed in obtaining them in consequence of the impossibility of holding any postal communication with the Southern authorities or any portion of the Southern Confederacy. I submit to your honors whether upon that principle which authorizes the introduction of secondary evidence where primary evidence is unattainable we are not entitled to ask this witness whether there is not in the State of Georgia a law of the description I have indicated and whether its character is not of the purport which is embodied in the question before your honors?

Judge CADWALADER. In view of the statement of the opening counsel for the defense (Mr. O’Neill) and of the argument on the question of evidence already decided I think this question cannot be put unless it is proposed to prove some fact of actual compulsion exercised as to the defendant in particular or as to the crew of which he was one.

Judge GRIER. My colleague has correctly stated the law.

Judge CADWALADER. I desire in this stage of the cause to avoid as far as possible discussing the legal effect of these questions. I would merely remind the counsel of the decisions as to what shall constitute compulsion under such circumstances, particularly the cases of the Scotch Highlanders which were very strong cases.

Mr. HARRISON. Will your honors excuse me for putting the question in another shape?

Judge CADWALADER. That is what I rather meant to invite.

Mr. HARRISON. I will put it in this form: At the time the prisoner entered into the service of the privateer Jeff. Davis what was the law of Georgia in regard to military and naval duty to the Southern Confederacy?

Judge GRIER. That is more objectionable.

Mr. KELLEY. Allow me to suggest a question of fact that may obviate all this difficulty and that is to learn whether this man joined the ship in the State of Georgia. That has not been shown yet.

Mr. WHARTON (to the witness). Mr. Rochford, where did Smith join the Jeff. Davis?

The WITNESS. In Savannah.

{p.113}

Mr. WHARTON. You have spoken of the reading of the letters of marque in the hearing of the crew.

Answer. Yes, sir.

Question. Did you leave the port of Charleston, and Smith with you, under those letters after their reading?

Answer. We had to fit out the vessel after that time. There were some repairs to be done both aloft and below.

Question. I want to know whether those letters made the contract between the men and the commander under which they entered into service?

Answer. Yes, sir.

Question. At what time did Smith leave there?

Answer. We left Charleston on Friday evening, June 28.

Judge CADWALADER. I thought you said he joined at Savannah.

The WITNESS. We left Savannah about the 8th of June and went to Charleston.

Mr. HARRISON. Where were you taken after you were captured by the Albatross?

Answer. We were put on board the Albatross about twenty-five miles south of Hatteras Inlet, sailed to Hampton Roads, lay at anchor there and then went up as far as the Potomac.

Question. How long did you lay at anchor in Hampton Roads?

Answer. About twenty-four hours.

Mr. WHARTON. Were you taken up the Potomac, Smith with you?

Answer. Yes, sir; we were taken up the Potomac to relieve a steamer that was stationed there which had to go somewhere else. We came to anchor there and stopped forty-eight hours.

Mr. HARRISON. How far from Virginia shore at Old Point were you at anchor?

Answer. About three-quarters of a mile.

Question. When you got to the mouth of the Potomac how far from the Virginia shore were you?

Answer. As far as I can recollect about a mile and a half.

Question. Where did you go when you left the mouth of the Potomac?

Answer. We came down to Hampton Roads and came to anchor again.

Question. Then you anchored twice at Hampton Roads?

Answer. Yes, sir.

Question. How long did you remain at anchor at Hampton Roads the second time?

Answer. I should think not more than twenty-four hours. We then weighed anchor, took the schooner Enchantress in tow and came to Philadelphia.

Question. Whilst you were at anchor at Hampton Roads did the Albatross have communication with the land by boats?

Answer. They had communication with the flag-ship. I saw some vegetables coming on board.

Question. Did boats pass backward and forward from the ship the shore?

Answer. Not that I am aware of.

{p.114}

Mr. WHARTON. Will you state if you please what was done with Smith when he was first taken by the Albatross?

Answer. We were taken on board and put in double irons and put down below alongside the boilers. They call it the engine room, the passage that goes by the boilers, where the men put their hammocks in the day time.

Question. Is that a warm place?

Answer. Yes, sir; pretty warm.

Mr. EARLE. What is the relevancy of this?

Mr. WHARTON. It rather expands the evidence in regard to the arrest which was made a point by the Government.

Judge GRIER. I see nothing in it. What has it to do with the case?.

Mr. WHARTON. Perhaps I can indicate some connection.

Judge GRIER. Very well.

Mr. WHARTON. The indictment contains an averment that this defendant was first brought into this district and was apprehended here. In order to prove that averment in the indictment the Government brought up the deputy marshal to show that he took a warrant to the navy-yard and arrested him there. Our purpose is to show that he had been arrested and put in irons long theretofore. We propose to show that he was not first brought into this district but into another district.

Judge GRIER. What have the handcuffs to do with it? If he had been taken to Baltimore and landed or to any other place and landed there might be something in your point, but it is not affected by the fact that a naval officer put irons on a man charged with piracy.

Mr. WHARTON. The word is “apprehended,” not “arrested.”

Judge CADWALADER. That is the alternative, but the jurisdiction is not vested by the United States in this case on the place where the person was apprehended but on the district into which he was brought. He was on board the Albatross I suppose as a prisoner of war, and from that custody as I understand the tendency of the testimony he was handed over to the civil authorities. The question then is whether the court has jurisdiction. There are two alternatives as to the jurisdiction; one depending on the place where the man is apprehended, which we will not prejudge the point by saying does not apply to a capture of this sort but may not apply to it, and the other depending on the district into which he is first brought. Now how is either of those points affected by the manner in which he was treated while in custody?

Mr. WHARTON. The particular mode of treatment is perhaps not so important upon the legal question, but as there was some testimony from the witnesses of the Government with respect to the condition of the party this was intended to show the point of time from which that condition should date. I shall not press it.

Mr. HARRISON. I do not know how far we shall be at liberty to avail ourselves of any objection to the rulings of your honors on any point in this case, but still I respectfully ask that your honors will note our objections to the points which have been raised and overruled.

Judges GRIER and CADWALADER. Certainly.

Mr. WHARTON (to the witness). Mr. Rochford, at the time and before the period of Smith’s shipping on board the Jeff. Davis were the U. S. courts open in Savannah and Charleston?

The WITNESS. No, sir.

Mr. KELLEY. Stop. We object to that.

Judge GRIER. It is a fact that every one knows. The proclamations of the President show it.

{p.115}

Mr. WHARTON. The witness says that in point of fact the courts were not open and the U. S. officers were not performing their functions there.

Judge GRIER. The judges had resigned before that time in both South Carolina and Georgia.

Mr. WHARTON (to the witness). How long had you known Smith either personally or by reputation before you started in June on this voyage?

Answer. I have known him for four years by coming into Savannah in the fall of the year from Liverpool and going back in the spring.

Question. Did you consort with him so as to know about him.

Answer. Yes, sir. I have conversed with him many a time about seafaring business.

Question. Had he a fixed home there?

Answer. Yes, sir. He had a wife and one boy fourteen years old who went to New York some twelve months ago to get his education.

Question. You have stated that he was a pilot. Was that his regular occupation?

Answer. Yes, sir, that was his profession; a full branch pilot of the Savannah River.

Question. What was his reputation; that of an orderly, quiet, law-abiding citizen or otherwise?

Answer. He was an honest citizen of Savannah, a native of the place, as I understood.

Question. Was he a peaceable, quiet man?

Answer. Yes, sir. I had an opportunity of knowing him because I stayed there in the winter time, and worked in a cotton press and saw him pass regularly once or twice a week.

Question. You have heard others speak of him?

Answer. Yes, sir.

Question. Was that the manner in which he was held and reputed by people generally about the town?

Answer. Yes, sir. I never heard of his getting in any difficulty.

Cross-examined by Mr. ASHTON:

Question. Was Smith on board the Jeff. Davis when you went on board?

Answer. He arrived just one day before me.

Question. Do you happen to recollect what day of the month it was and in what month?

Answer. It was on the 8th of June that I arrived.

Question. In what capacity did you find Smith on board that ship?

Answer. He was acting as boatswain of the vessel.

Question. What were the duties of that office?

Answer. The occupation of a boatswain is to teach a man’s work if a man does not know how to do it as a mariner. A man cannot fulfill the duty without having some understanding of seafaring business.

Question. What day did the vessel leave Charleston Harbor?

Answer. On the 28th of June.

Question. Then from the 8th of June to the 28th of June Smith was on board that vessel in the harbor of Charleston?

Answer. Yes, sir; fitting her out for sea.

{p.116}

Question. Was William Smith in confinement on board the ship during that time?

The WITNESS. Do you mean handcuffed?

Mr. ASHTON. I mean physical restraint of any kind. Was he confined in the cabin?

Answer. No, sir; but he was confined in this respect that neither he nor any man on board the Jeff. Davis could go ashore without getting permission from the captain. There was a sentry of marines on the gangway and your business had to be known and you had to get permission from the captain to get ashore or to come aboard.

Question. Were the officers allowed to go on shore?

Answer. Not without permission from the captain.

Question. Were the ordinary sailors of the vessel allowed to go on shore?

Answer. No, sir.

Question. During the days the vessel lay as you have stated in Charleston do you or do you not know that William Smith went ashore?

Answer. Not to my recollection.

Question. Do you know that he did not go ashore?

Answer. The vessel was small and he held a situation from which a man could miss him very readily and as far as I recollect he did not go ashore.

Question. But you do not say positively that he did not go ashore?

Answer. I cannot say that, but I had a good opportunity of missing him out of the vessel. No officers went ashore while I was there except the captain; not even the first lieutenant or second lieutenant according to my recollection.

Question. Was the letter that you spoke of as having been read on board the. Jeff. Davis read in the harbor of Charleston during your stay there?

Answer. Yes, sir. Some dispute got up among the men, and Coxetter called them all out and read the letter of marque. He was by the side of Doctor Babcock.

Question. Did that proclamation or any announcement made on board the vessel during this time speak of the prize money that you were to get?

Answer. No, sir.

Question. Was there any arrangement in regard to prize money?

Answer. Well, I heard some mumbling among the men about it but not from the officers.

Question. What proportion of prize money were the men on board the Jeff. Davis to get?

Answer. I hardly recollect now. They were talking some about a quarter of a share and some half a share and so on, according to the situation each man occupied on board the vessel.

Question. Then the boatswain was to get more than the common sailor?

Answer. I never heard anything mentioned about the officers.

Question. How long were you going from Charleston to Savannah?

Answer. One day.

Question. How long did you lie in the harbor of Savannah?

Answer. I was not on board the vessel at Savannah. I came from Savannah to Charleston.

{p.117}

Question. Was that document read in Charleston or Savannah?

Answer. In Charleston Harbor.

Question. Where did you go when you left Charleston?

Answer. To sea.

Question. When did the vessel go from Savannah to Charleston?

Answer. The vessel did not go to Savannah. We joined her in Charleston Harbor.

Mr. ASHTON. I thought you said you joined her at Savannah?

The WITNESS. In Savannah we arranged to go, and joined the vessel at Charleston.

Question. You saw Smith on board the Jeff. Davis on the 8th of June; where did you see him last before you saw him then?

Answer. In Savannah.

Question. How long before?

Answer. About the 5th or 6th of June I saw him there.

Question. You were in Savannah on the 5th or 6th of June, and on the 8th you went from Savannah to Charleston?

Answer. Yes, sir; on the cars.

Question. So far as you know then William Smith went from Savannah to Charleston voluntarily?

Answer. No, sir; I will not say that. He did not go voluntarily. The laws of the Southern States-

Mr. ASHTON. Never mind about the laws.

Mr. WHARTON. The gentleman asks whether he went voluntarily. We are entitled to the answer.

Judge GRIER. The counsel has a right to put the questions as he pleases but the witness has a right to answer.

Mr. ASHTON. I withdraw the question.

Mr. HARRISON. I object to its being withdrawn after the witness has commenced to answer it.

Mr. WHARTON. It seems to me it is part of the proper answer to the question to show how he went and why he went.

Judge CADWALADER. After the full warning which the early examination gave as to the tendency of this question I think it ought to have been withdrawn before it was withdrawn or else the witness ought to be allowed to complete his answer. I suppose that in strictness the counsel for the United States can withdraw the question though it may have been partly answered. At the same time as it was put advisedly after the full nature of the subject had been developed and discussed I think it would be taking a very strict advantage of their legal right not to allow the question to be answered.

Judge GRIER (to the witness). You said he was compelled to go. Give us the full answer.

The WITNESS. I was asked whether Smith came voluntarily or not. I say every man was compelled to join the Army or Navy, and he being acquainted with sea life like every seafaring man thought it better to go in the Navy than the Army.

Mr. ASHTON. Mr. Rochford, did you see anybody take him from Savannah to Charleston?

Answer. I did not see anybody take him but I saw him in Savannah with a valise in his hand on the hotel piazza.

Judge GRIER. And from that you concluded he was compelled?

Answer. No; but by the laws of the Southern States-

Judge GRIER. Oh, never mind.

{p.118}

By Mr. KELLEY:

Question. I understood you to say that Smith joined this vessel at Savannah?

Answer. No, sir; I did not say that. The vessel could not be at Savannah and in Charleston Harbor at the same time. He joined the vessel at Savannah to go on board of her at Charleston.

Question. You mean that he shipped in Savannah?

Answer. Yes, sir.

Question. And he went to Charleston by railroad?

Answer. Yes, sir.

Question. Did the whole crew go together?

Answer. The greatest portion of them did. The remainder were in Charleston before.

Question. Are you a citizen of the United States? Have you ever been naturalized?

Answer. I never had my papers. The first time I came to the United States I was under age and I had no occasion to get papers.

DANIEL MULLINGS called and sworn and examined by Mr. HARRISON:

Question. Of what place are you a native?

Answer. Charleston, S. C.

Question. Are you acquainted with the defendant Smith?

Answer. Yes.

Question. Of what State is he a native?

Answer. I believe he is a native of South Carolina but a citizen of Savannah, Ga.

Question. How long has he been a citizen of Savannah?

Answer. I do not know. He served an apprenticeship there in a Savannah pilot-boat. He must have been there when very young.

Question. Then he has been a resident of Savannah for several years to your knowledge?

Answer. Yes, sir.

Question. Was he a resident of Georgia at the time of the passage of the secession ordinance of Georgia and the formation of the Southern Confederacy?

Answer. Yes, sir.

Question. Was he a housekeeper and the head of a family in Savannah?

Answer. Yes, sir.

Question. What was his occupation?

Answer. A full branch Savannah pilot.

By Mr. WHARTON:

Question. Does it not require previous training and education to become a full branch pilot?

Answer. Yes, sir; a servitude of years. From one grade you rise to another-from twelve to fourteen, sixteen, eighteen feet to full.

Question. According to the draft of water of the vessels you pilot?

Answer. Yes, sir. You have to serve an apprenticeship according to that, and to be a citizen.

{p.119}

Question. How far is sobriety a necessary quality?

Answer. That is required.

Question. How far is honesty requisite?

Answer. That also. He has to give security as regards conduct.

Question. You knew him in his occupation and profession as a pilot?

Answer. Yes, sir; for many years.

Question. What did people generally say of him who knew him?

Answer. I never heard anything spoken against him.

Question. How was he reputed generally; how did he stand with his neighbors, with those who knew him?

Answer. They all seemed to like him well.

Question. He was a peaceable, quiet man?

Answer. Yes, sir. He was connected with the vessels of Northern men more than those of Southern men. There are more Northern and European vessels in those waters than Southern vessels.

Question. Were you acquainted with his family in Savannah?

Answer. No, sir.

Question. Had he parents or grandparents living?

Mr. KELLEY. He had them some time no doubt.

The WITNESS. I think they lived in South Carolina.

Mr. WHARTON. I do not want to go too far, but to show that the man had connections there.

The WITNESS. I knew a Mrs. Smith, on Sullivan’s Island, S. C., who is either his aunt or his grandmother.

No cross-examination.}

Mr. HARRISON. We are through with our oral testimony, but I understood your honors to allow us until to-morrow to make a note of the various documents to be referred to.

Judge GRIER. I suppose so far as matters of history are concerned such as the dates of the various secession acts of the States you can take them from any book you please.

Mr. WHARTON. We should like to put these matters in as evidence so that the history may be fixed here.

Judge GRIER. Make a brief in writing of the documents you want in and hand it to us in the morning. Have we the case on both sides?

Judge CADWALADER. Is there any rebutting testimony for the prosecution?

Mr. ASHTON. No, sir.

The court adjourned till to-morrow.

THURSDAY, October 24, 1861.

Mr. Harrison offered the list of documents alluded to yesterday, viz: Proclamation of marque and reprisal of President Davis, of the Confederate States; the Constitution of the Confederate States; the inaugural address of President Davis; a synopsis of the C. S. Army bill; the secession ordinances of South Carolina, Alabama, Georgia, Louisiana, Florida, Mississippi, Texas, Virginia, Tennessee, Arkansas and North Carolina respectively; the act of the Confederate Congress of May 6, 1861, recognizing a state of war between the United States and the Confederate States; President Davis’ message to the Confederate Congress, April 29, 1861; instructions for privateers by order of the

{p.120}

President of the Confederate States, and the proclamations of Governor Letcher, of Virginia, and Governor Ellis, of North Carolina, as contained in Moore’s Rebellion Record.

Judge GRIER. These papers are not received as evidence of any fact except the fact of their own existence.

...

FRIDAY, October 25, 1861.

Judge Grier proceeded to charge the jury,* whereupon the jury retired and after an absence of three-quarters of an hour returned and rendered a verdict of guilty.

On the 28th of October the counsel for the prisoner moved for a new trial and in arrest of judgment and filed the following reasons therefor to be argued hereafter:

1. Because the court answered in the negative and overruled the six several points of law presented on the trial of this cause to the learned judges for their opinion and instruction thereon to the jury.

2. Because the court should have affirmed severally the said six points of law presented as aforesaid and should have charged that the same severally were correct and sound in law.

3. Because one of the learned judges charged the jury “that the existence of the present civil war for the purpose of suppressing a rebellion” was conclusive evidence that the so-called Southern Confederacy was not an existing State acknowledged by the United States, and consequently that the court could view the defendant only as a pirate and a robber.

4. Because one of the learned judges charged that in order to render the doctrine or points of law relied on by the defendant’s counsel applicable or correct it was necessary that the so-called Southern Confederacy should have been or be established and maintained in peace for a definite period subsequent to the hostile revolution in which it had originated, which the said judge charged was not the case.

5. Because the court charged that there was no evidence of any duress which in law would exonerate the defendant from the offense laid in the indictment.

6. Because any length of time longer than is actually consumed in enabling a government to exercise exclusive jurisdiction and control over the people within its territorial limits is not necessary by the law of nations to constitute the same a government de facto and that it matters not whether the establishment of such a government be brought about or maintained by force of arms or otherwise.

7. Because the commission under which the defendant acted exonerated him from the crime of piracy with which he stood charged.

8. Because the defendant was not first brought into this district but on the contrary into the eastern district of Virginia.

9. Because the defendant was not first apprehended in the eastern district of Pennsylvania.

10. Because if the defendant in doing the act-wherewith he is charged acted in good faith under a commission which he supposed to be valid he ought to have been acquitted.

11. Because the verdict is against the law.

12. Because the verdict is against the evidence.

In arrest of judgment: Because the indictment avers that the defendant was first brought into this district and was apprehended here.

{p.121}

On the 28th of October Thomas Quigley, Edward Rochford and Daniel Mullings, of the crew of the Jeff. Davis, were arraigned on the charge of piracy and pleaded “not guilty.” A jury was impaneled and the trial continued till 6 o’clock the next day when they were found guilty.

On the 29th of October the case of Eben Lane, the only remaining prisoner of the crew of the Jeff. Davis, was submitted to the jury without any evidence on the part of the Government and he was found not guilty. It was alleged that Lane who had charge of steering the Enchantress as one of the prize crew steered south in daytime and north by night when he was not observed, thereby keeping her longer on the ocean and conducing to her capture.

* Omitted.

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GENERAL ORDERS, No. 90.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, October 28, 1861.

The following plan for paying to the families of officers and soldiers in the service of the United States who are or may become prisoners of war sums due them by the Government having been approved by the President it is published for the information of all concerned:

Payment will be made to persons presenting a written authority from a prisoner to draw his pay; or without such authority to his wife, the guardian of his minor children or his widowed mother in the order named.

Application for such pay must be made to the senior paymaster of the district in which the regiment of the prisoner is serving, and must be accompanied by the certificate of a judge of a court of the United States, of a district attorney of the United States or of some other party under the seal of a court of record of the State in which the applicant is a resident setting forth that the said applicant is the wife of the prisoner, the guardian of his children or his widowed mother, and if occupying either of the last two relationships toward him that there is no one in existence who is more nearly related according to the above classification.

Payments will be made to parties thus authorized and identified on their receipts made out in the manner that would be required of the prisoner himself, at least one month’s pay being in all cases retained by the United States. The officer making the payment will see that it is entered on the last previous muster-roll for the payment of the prisoner’s company, or will report if those rolls are not in his possession to the senior paymaster of the district, who will either attend to the entry or give notice of the payment to the Paymaster-General if the rolls have been forwarded to his office.

By order:

L. THOMAS, Adjutant-General.

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SPECIAL ORDERS, No. 284.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, October 23, 1861.

...

2, Lieut. Col. William Hoffman, Eighth Infantry, is detailed for duty as Commissary-General of Prisoners, and will report to the Quartermaster-General for instructions. This detail dates from the 7th instant.

...

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

{p.122}

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HEADQUARTERS OF THE ARMY, Washington, October 23, 1861.

COMMANDING OFFICER WESTERN DEPARTMENT, Saint Louis, Mo.:

General Scott says take steps to have Maj. I. Lynde, Seventh Infantry, detained under strict arrest at Jefferson Barracks on his arrival at Fort Leavenworth and report the execution of this order to this office.

[E. D. TOWNSEND,] Assistant Adjutant-General.

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U. S. FLAG-SHIP MINNESOTA, Hampton Roads, October 23, 1861.

Maj. Gen. JOHN E. WOOL, U. S. Army, Commanding Department of Virginia, Fortress Monroe.

SIR: I beg to request that you will give a free passage to Baltimore to the following men taken from the English schooner Alert, seized for violating the blockade off Charleston, S. C., viz, James Carlin, Charles R. Carlin, Robert Roberts, Joseph Brown. Their vessel is now before the U. S. court at Baltimore and they desire to go there to attend the trial.

Respectfully, your obedient servant,

L. M. GOLDSBOROUGH, Flag-Officer.

–––

SPECIAL ORDERS, No. 288.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, October 26, 1861.

...

VI. First Lieut. E. W. H. Read, Eighth Infantry, is detailed for duty as commissary and quartermaster to the command of Lieut. Col. William Hoffman, Eighth Infantry, Commissary [-General] of Prisoners, and will immediately report to that officer in the city of New York.

...

By order:

L. THOMAS, Adjutant-General.

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HEADQUARTERS OF THE ARMY, Washington, October 26, 1861.

Col. J. DIMICK, U. S. Army, Boston, Mass.:

General Scott says take part of a regiment now forming till the guard is ready. Orders will go by mail to-day to Colonel Loomis for transfer of prisoners. Be ready to receive them. Acknowledge this by telegraph.

E. D. TOWNSEND, Assistant Adjutant-General.

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QUARTERMASTER-GENERAL’S OFFICE, Washington, October 26, 1861.

Lieut. Col. WILLIAM HOFFMAN, Eighth Regiment Infantry, U. S. Army, Washington, D. C.

SIR: You will proceed at once to establish a depot for prisoners of war on Johnson’s Island, in Sandusky Bay, according to the plans which you {p.123} have submitted. In all that is done the strictest economy consistent with security and proper welfare of the prisoners must be observed. For the present you will establish your headquarters in New York City, and you will make such visits to the different posts where prisoners are now held as may be necessary to ascertain their condition, and supply their immediate wants in such things as are indispensably necessary. As far as practicable they must be required to furnish their own clothing, and to provide themselves the means for this purpose they may be permitted to engage in any occupation which they can make profitable and which will not interfere with their safe-keeping. The regulations describe the treatment and the allowance of prisoners. For any issues not provided in the regulations the authority of the Secretary of War will be necessary. The quartermaster assigned to you will under your direction make requisitions for the necessary funds.

Trusting much to your discretion and knowledge, and believing that your appointment will alleviate the hardship of confinement to these erring men,

I remain, very respectfully, your obedient servant,

M. C. MEIGS, Quartermaster-General.

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WAR DEPARTMENT, Washington, October 29, 1861.

His Excellency Governor DENNISON, Governor of Ohio.

SIR: I have the honor to request that you will raise for the service of the United States a select company of volunteers for duty as a guard for the depot for prisoners of war about to be established near Sandusky, Ohio. Lieutenant-Colonel Hoffman, Eighth Infantry, U. S. Army, an officer of long experience, has been detailed as Commissary-General of Prisoners and will take command of the depot. It is therefore desired that you will afford Colonel Hoffman an opportunity for consultation with you in regard to the appointment of the officers and the selection of the men necessary for the execution of this important trust.

I am, sir, with very great respect,

SIMON CAMERON, Secretary of War.

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ADJUTANT-GENERAL’S OFFICE, Washington, October 29, 1861.

Lieut. Col. WILLIAM HOFFMAN, Eighth Infantry, U. S. Army, No. 30 Clinton Place, N. Y.

COLONEL: In reply to your letter of the 26th instant I am directed to say that a requisition has been made on the Governor of Ohio for a select company of volunteers for service as a guard for the depot of Prisoners of war near Sandusky and that he has been requested to confer with you in regard to the appointment of officers and the selection of men for this important trust. In accordance with your request authority is granted to you to provide such clothing and bedding as may be absolutely necessary for the comfort and health of the prisoners.

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

L. THOMAS, Adjutant-General.

{p.124}

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EXECUTIVE DEPARTMENT, Columbus, Ohio, November 1, 1861.

Hon. SIMON CAMERON, Secretary of War, Washington, D. C.

DEAR SIR: I have the honor to acknowledge the receipt of your letter of the 29th ultimo and in reply beg to say that I will cheerfully comply with your request to raise for the service of the United States a select company of volunteers for duty as a guard for the depot for prisoners of war about to be established near Sandusky, in this State. It will give me pleasure to consult with Colonel Hoffman in regard to the appointment of officers and the selection of men for the duty, and will delay all action in respect to raising the company until I may see him. How soon will he be here?

Respectfully, yours,

W. DENNISON.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., November 1, 1861.

Brig. Gen. L. THOMAS, Adjutant-General U. S. Army, Washington, D. C.

SIR: Inclosed herewith I have the honor to inclose thirteen certificates* of disability for a like number of the party of our wounded lately sent from Richmond, Va., and now in the hospital at this place. These men are now able to travel and anxious to proceed to their homes which I intend permitting them to do. All the information concerning them necessary to assist the captains of their respective companies in making out their final statements, surgeons’ certificates of nature and degree of disability is sent herewith, also the address of each. I have not ordered their discharge, leaving that to the discretion of the War Department, when their final statements can be made out.

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

[JOHN E. WOOL], Major-General.

* Not found.

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HEADQUARTERS, Fort Leavenworth, November 1, 1861.

ADJUTANT-GENERAL, HEADQUARTERS OF THE ARMY, Washington, D. C.

SIR: I have the honor to report that Maj. Isaac Lynde, Seventh Infantry, U. S. Army, has been placed in strict arrest and to inclose a report* from Capt. J. H. Potter, commanding Seventh Infantry; also a copy of my instructions* to him upon this subject. Respectfully, your obedient servant,

W. E. PRINCE, Captain, First Infantry, Commanding.

* Omitted.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, New York City, November 1, 1861.

Lieut. E. W. H. READ, Eighth Infantry, Troy, N. Y.

SIR: Having been designated as quartermaster and commissary of the depot of prisoners of war about to be established near Sandusky, {p.125} Ohio, you will proceed immediately to that city and await further orders.

Very respectfully, your obedient servant,

W. HOFFMAN, Lieut. Col. Eighth Infantry, Commissary-General of Prisoners.

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DEPARTMENT OF STATE, Washington, November 2, 1861.

Col. G. LOOMIS, Fort Columbus, N. Y.

COLONEL: Your letter without date remitting the oath of F. V. Hoskins has been received. In answer to your suggestion that permission be granted to Mr. Hoskins to return to North Carolina I have to state that no communication is permitted at the present time with the insurrectionary States.

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

F. W. SEWARD, Assistant Secretary.

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NEW YORK, November 4, 1861.

Major-General MCCLELLAN:

Ask President for leave to send officer with flag of truce across hues and get permission to supply all our officers and soldiers now prisoners with clothing and blankets.

WILLIAM H. SEWARD.

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DEPARTMENT OF STATE, Washington, November 4, 1861.

Maj. Gen. JOHN E. WOOL, Fortress Monroe, Va.

GENERAL: Your communication of the 1st instant, inclosing a letter addressed as follows: “Col. William F. Martin, Seventh [Seventeenth] Infantry, North Carolina Volunteers, prisoner of war, Governor’s Island, N. Y.,” has been duly received, and the inclosure will be transmitted to Mr. Martin. In reply to your inquiry “whether in similar cases it would be proper to send them to you (me) or direct to the prisoners,” I think it advisable that all such communications should be forwarded to this Department.

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

F. W. SEWARD, Acting Secretary.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, &C., Fort Monroe, Va., November 4, 1861.

Maj. Gen. B. HUGER, Commanding Department of Norfolk, Va.

GENERAL: I send herewith by flag of truce and commend to your courtesy and care Mrs. Mary P. Dimitry, her daughters Mary E. and Matilda, her sons Alexander, Robert, Thomas and Ernest, and a white nurse; Mrs. Mary White and five children, the oldest boy being eleven years of age; Miss Mary K. Ellis, Mr. Frederick Pinckney and his wife Sophia Pinckney. I also send under cover to you two packages, one containing three letters with $12 in gold inclosed therein and addressed {p.126} respectively to J. C. Barnes, A. F. Smith, and John R. Heywood; the other package contains letters for prisoners and others in the South.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

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WAR DEPARTMENT, Washington, November 5, 1861.

Maj. Gen. JOHN E. WOOL, Commanding, Fort Monroe.

GENERAL: You will on receipt of this letter adopt such measures as may be necessary to send a staff officer with a flag of truce across the lines to ascertain from the enemy whether they will permit supplies of clothing, blankets and other articles to be sent to our men now prisoners of war. Please report results at the earliest date practicable.

Very respectfully,

THOMAS A. SCOTT, Acting Secretary of War.

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FORT HAMILTON, November 5, 1861.

Hon. WILLIAM H. SEWARD.

SIR: Colonel Dimick, commanding Fort Warren, says the prisoners now at his post are very much in want of the furniture used by them and furnished by the Government at Fort Lafayette. Shall I send it?

MARTIN BURKE, Lieutenant-Colonel, Commanding.

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DEPARTMENT OF STATE, Washington, November 6, 1861.

Maj. L. C. TURNER, Judge-Advocate.

MAJOR: Your letter of this date in relation to the case of Washington Barrow has been duly received. In reply I have to inform you that Mr. Barrow was not arrested upon orders from this Department, and in regard to his application for a parole the Secretary of State suggests that it would be well to consult His Excellency Andrew Johnson, military governor of Tennessee, by whom it is understood the arrest was made.

I am, &c.,

F. W. SEWARD.

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CURWENSVILLE, CLEARFIELD COUNTY, PA., November 6, 1861.

Hon. SIMON CAMERON, Secretary of War, Washington, D. C.

DEAR SIR: A good deal is being said in the county in relation to the course pursued by the Government at Washington in the matter of the exchange of prisoners with the rebels or Confederates or whatever they may be called. Public opinion demands some other course and will expect some method-some plan adopted by which an exchange can be made. If you can conquer the rebels, crush the rebellion, the acknowledgment of the Confederacy so far as to get an exchange would amount to nothing; on the other hand if you cannot whip them your refusal to exchange would none the less prevent them from obtaining the end sought-their separation from the Union. Only conquer {p.127} the rebels and all these acknowledgments go for nothing. The trial in Philadelphia of these men seems like a farce. See Judge Grier in the slip inclosed.

I have a son who raised a company here and is captain of the same, now in Colonel Biddle’s regiment Pennsylvania Reserves. I have other friends and relatives in the same regiment none of [whom are] yet prisoners, or were not up to the latest dates I have. Yet I feel for those of our Army, no matter who they may be or from what State, who are now suffering in Southern prisons and who risked their lives and liberty in support of a Government that up to this time has made no effort to have them restored to their homes and friends. I do most sincerely hope that the Government will at once take the most direct course to get an exchange.

Forms, ceremonies, red tape and circumlocution amount to nothing. Whip the rebels and your exchange of prisoners will not avail them any as an acknowledgment. If you don’t whip them your refusal to exchange will in no way benefit you nor encourage the hearts or strengthen the hands of those who are now fighting the battles of the Union.

Very respectfully, yours,

WM. IRVIN.

P. S.-It is my opinion that so long as this Government will hold reunion with slavery and return slaves to bondage we cannot prosper in this war. Cut loose then from the accursed thing as soon as possible.

Yours,

W. I.

[Inclosure-Extract from the Philadelphia Bulletin.]

Mr. Ashton, assistant U. S. district attorney, called the case for trial, when Mr. Harrison, counsel or the prisoners, stated that he had understood from Mr. Ashton that the cases would not be called for trial until Monday next. On the faith of that understanding no preparation had been made for the trial. Another reason in favor of a postponement was that Mr. Wharton was engaged in the other courts and could not be present.

Mr. Ashton was disposed to press the case, whereupon Judge Grier said he did not feel inclined to consent to have the regular business of the court interrupted at this time by the trials of these prisoners when no good result could be effected. It seemed to him like a farce to try these men at this time while the country was plunged in a civil war. The dictates of humanity would counsel the Government or its representatives to treat its captives on sea the same as those taken on land. He could not understand why men taken on the sea were to be hanged while those captured on land were to be held as prisoners or released.

Let the rebellion be crushed and God grant that it may be speedily and then these men might be tried for treason or piracy and he would assist no matter how much they call him a Jeffreys or a Scroggs.

The counsel for the Government gave notice that the cases would be taken up for trial on Monday next.

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FORT WARREN, Boston Harbor, November 6, 1861.

Hon. SIMON CAMERON, Secretary of War of the United States.

DEAR SIR: I ask that you will allow me to go to my home in North Carolina upon my parole not to bear arms against the United States

{p.128}

Government until discharged by this Government from the pledge by exchange or otherwise.

I am major of the Seventh [Seventeenth] Regiment Infantry North Carolina Volunteers. The period of my enlistment was for twelve months and expires on the 3d of May next. I will undertake to procure the discharge of some prisoner of my rank now held by the Southern Government. I did not leave my own State to do military service, but was stationed at my own solicitation upon our coast. My anxious desire to be with my sorrowing wife and only infant son alone induces this application.

Most respectfully,

H. A. GILLIAM.

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[NOVEMBER 7, 1861.-For correspondence between Generals Stone and Evans relative to flag of truce for benefit of wounded Union prisoners at Leesburg, see Series I, Vol. V, pp. 305-307.]

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HDQRS. OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, November 8, 1861.

Col. J. DIMICK, U. S. Army, Commanding Fort Warren, Boston, Mass.

COLONEL: In accordance with directions from the Secretary of War the General-in-Chief desires you to forward a list of 250 names of prisoners of war now confined at Fort Warren, from which selection may be made with a view to their release on parole. The list will embrace officers as well as privates and will be made from the most feeble and infirm and from those who have families dependent upon them for support.

It will be proper not to make known the substance of this communication until final decision is made on the subject, of which you will be duly advised.

I am, colonel, &c.,

J. P. GARESCHÉ, Assistant Adjutant-General.

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HDQRS. OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, November 8, 1861.

Col. JUSTIN DIMICK, U. S. Army, Commanding Fort Warren, Boston, Mass.

COLONEL: The General-in-Chief directs that you prepare and transmit to this office a roll of the prisoners of war in your charge, giving beside the name the rank, probable age and physical condition-whether robust or otherwise-of each individual and any other facts which might influence the Department in selecting persons to be released or exchanged.

I am, &c.,

J. P. GARESCHÉ, Assistant Adjutant-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, &C., Fort Monroe, Va., November 8, 1861.

Maj. Gen. B. HUGER, Commanding at Norfolk.

SIR: It is desirable and the request of many of the friends of the prisoners of the United States at Richmond to send them clothing, blankets and other articles necessary for their comfort. Will you do {p.129} me the favor to ascertain whether your Government will allow the articles to be sent, and if permitted under what circumstances.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

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U. S. FLAG-SHIP MINNESOTA, Hampton Roads, November 8, 1861.

Maj. Gen. BENJAMIN HUGER, Commanding Department, &c., Norfolk, Va.

SIR: In reply to your note of yesterday* by flag of truce I beg to say that your favor of the 19th ultimo was received and duly referred, and also that I am not instructed or authorized by the Government to make an exchange of prisoners on any terms.

It was owing to a friendship for Lieutenant Worden and a consequent desire to procure his release (whose case is a hard one) and to a presumption of a like feeling on your part for Lieutenant Sharp that I ventured to propose a mutual release, confident that the Government would not disapprove my action and believing that these acts of kindness would lead to friendly and humane results.

As things stand I can now only say to you as between ourselves that if you will allow Lieutenant Worden to come to me I pledge myself that he shall either return to you within a fortnight or else that I will give you Lieutenant Sharp in his stead, saving the contingency of serious illness or death. In any event if Lieutenant Worden is not returned to you and Lieutenant Sharp cannot be restored agreeably to the time indicated owing to illness or death you shall have another one of the prisoners of equal rank in lieu of the latter if you wish it.

I avail of this opportunity to thank you for your kind letter with regard to Mr. Hale, and to say that of his departure and purpose I had already been fully apprised. I may add that the information he pretended to convey is of no consequence to us whatever.

Very respectfully, your obedient servant,

L. M. GOLDSBOROUGH, Flag-Officer, Commanding North Atlantic Blockading Squadron.

* Not found.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Sandusky, Ohio, November 10, 1861.

Col. J. SYMINGTON, Commanding Allegheny Arsenal, Pittsburg, Pa.

COLONEL: I am erecting as part of the depot for prisoners of war near this city two block-houses which I propose to arm with a 12-pounder howitzer each. I propose to mount the gun on a casemate carriage with chassis, or of that style such as I believe are made by the Ordnance Department, so arranged that the gun may be transferred from One port hole to another. Will you be kind enough to give me the dimensions of such a carriage with a little plan of it, if it is not too much trouble, so that I may be able to fix on the dimensions of the buildings?

I am, very respectfully, your obedient servant,

W. HOFFMAN, Lieut. Col. Eighth infantry, Commissary-General of Prisoners.

{p.130}

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NEW YORK, November 11, 1861.

Hon. WILLIAM H. SEWARD, Washington:

The U. S. ship Nightingale has arrived with a large number of prisoners. Send me an order to confine them in Lafayette otherwise I cannot hold them.

H. MURRAY, U. S. Marshal.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, &c., Fort Monroe, November 11, 1861.

Hon. THOMAS A. SCOTT, Acting Secretary of War, Washington.

SIR Herewith you will perceive that an arrangement has been made by which clothing, blankets and other articles necessary for the comfort of prisoners of war may be sent to them. This has been accomplished without compromising the Government in any respect whatever. The Government was not alluded to in my communication to Major-General Huger.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

[Inclosure.]

HEADQUARTERS DEPARTMENT OF NORFOLK, November 9, 1861.

Maj. Gen. JOHN E. WOOL, Commanding Department of Virginia.

SIR: I consider myself fully authorized to reply at once to the inquiry made in your letter of the 8th instant. My Government will allow blankets and articles of clothing necessary for the comfort of prisoners of war to be sent to them. Any such articles you may send to me will be promptly forwarded by the Southern Express Company, and money may be sent to pay the freight here or it may be paid on delivery.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding Department.

[Indorsement.]

HEADQUARTERS DEPARTMENT OF VIRGINIA, &C., Fort Monroe, November 11, 1861.

Official copy. Respectfully forwarded for the information of the Secretary of War.

JOHN B. WOOL, Major-General.

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RICHMOND PRISON, VA., November 11, 1861.

General L. THOMAS, Adjutant-General U. S. Army, Washington, D. C.

GENERAL: On Sunday the 10th instant the prison was visited by General Winder who assembled all the officers in the prison and read to them a communication from Mr. Benjamin, a copy of which I will forward to you if I can procure it.* The letter directed that a colonel {p.131} should be selected by lot and held as a hostage for one Smith convicted of piracy in Philadelphia, and that the ten remaining field officers held as prisoners here and three captains to be selected by lot from all held as prisoners should be held as hostages for thirteen men on trial for piracy in New York, and that the punishment of the officers held as hostages would be precisely the same as that of the prisoners on trial or tried in Philadelphia and New York. The name of Colonel Corcoran, of the Sixty-ninth New York Militia, was drawn and he is retained as a hostage for Smith and is to be treated as a condemned felon.

The following officers are to be retained as hostages for the thirteen prisoners in New York: Colonels Wood, Fourteenth New York; Wilcox, First Michigan; Lee, Twentieth Massachusetts; Cogswell, Tammany Regiment [Forty-second New York], and captain, Eighth Infantry; Woodruff, Second Kentucky. Lieutenant-Colonels Neff, Second Kentucky, and Bowman, Eighth Pennsylvania. Majors Revere, Twentieth Massachusetts; Potter. Thirty-eighth New York, and Vogdes, First U. S. Artillery. Captains Ricketts, First U. S. Artillery; Rockwood, Fifteenth Massachusetts, and McQuaide, Thirty-eighth New York. Captain Thomas Cox, of the First Kentucky, offered to take the place of Captain Ricketts but was refused.

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

M. COGSWELL, Colonel Tammany Regiment and Captain, Eighth infantry.

NOVEMBER 12.

P. S.-Captains Ricketts and McQuaide being wounded were withdrawn from the list by Mr. Benjamin and Captains Bowman, of the Fifteenth Massachusetts, and Keffer, of Baker’s California Regiment, were selected by lot to fill their places to-day. All on the list who are in Richmond will be sent to the county jail to-day or to-morrow.

* Not found as an inclosure, but see Benjamin to Winder, November 9, p. 738.

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RICHMOND PRISON, VA., November 11, 1861.

SIR: This lets you know that I am in as good health and spirits as could be expected under confinement so long. It is now sixteen weeks since I was taken with many more on the battlefield at Bull Run, and since that many more have been taken and brought here. They number in all who have been brought to Richmond as many as 2,600 or 2,700. Some arrived as late as last night-a few from Fairfax and Leesburg; and before over 700 from the Leesburg battle of the 21st of October, and on the north side of the Potomac, which no doubt you have got the news of. I think that through and by the same flag of truce that this comes other versions and the details of the battle will be sent by officers in full knowledge of the facts from the spot which of course you will become acquainted with.

There is one thing I wish to let you know, which is this: The general in charge of this post, Richmond, Brigadier-General Winder, with five or six other officers came into prison yesterday at 4 p.m., called us officers to order and stated that he had an order from the War Department to ballot one out of the highest rank of the six colonels now prisoners of war in their possession and the one balloted and drawn to be placed in a cell in prison similar to that in which the condemned pirate Smith, at Philadelphia, is placed and to be disposed of according to his fate. The ballots being prepared the names of the six were as follows:

1. Colonel Lee, Twentieth Regiment Massachusetts Volunteers.

2. Colonel Cogswell, Forty-second New York Zouaves.

{p.132}

3. Colonel Corcoran, Sixty-ninth New York State Militia.

4. Colonel Woodruff, Second Kentucky Regiment.

5. Colonel Willcox, First Michigan Regiment.

6. Colonel Wood, Fourteenth New York State Militia, Brooklyn.

They were placed fairly in a tin or ballot box, a cap covering it, and then well shaken. The drawer appointed by the general was the Hon. Alfred Ely, M. C., of Rochester, N. Y. It so happened that the said lot fell on Michael Corcoran, colonel of the Sixty-ninth Regiment New York State Militia, now at Castle Pinckney, near Charleston, S. C. Then the other five colonels were to stand with others next in rank to them against and in lieu of the other thirteen under trial for piracy, and also to be dealt with accordingly. The officers next in rank to make up the thirteen are:

Major Potter, Thirty-eighth Regiment New York Volunteers.

Lieutenant-Colonel Neff, Second Kentucky Volunteers.

Major Revere, Twentieth Regiment Massachusetts Volunteers.

Lieutenant-Colonel Bowman, Eighth Pennsylvania.

Major Vogdes, First U. S. Artillery.

Then out from among the captains were drawn three to make up the thirteen, the drawing done by Mr. Ely. It happened that the first three drawn from the box were these:

1. Captain McQuaide, Thirty-eighth New York Regiment-not expected to survive wounds received at the battle of Manassas.

2. Captain Rockwood, Fifteenth Massachusetts.

3. Captain Ricketts, First U. S. Artillery. He still lies in a critical condition since the 22d of July in one of the hospitals here. His wife has been his attendant ever since she could get to him.

It was emphatically stated that whatever course was taken with those thirteen pirates by our Government the same course would be followed in dealing with those selected in this way, so that we wait impatiently to know the fate of cur brother officers.

I remain, yours, most respectfully,

JOHN WHYTE, First Lieut., Seventy-ninth Regiment New York State Militia.

NOVEMBER 12-10 a.m.

P. S.-General Winder has just come to the prison and called the captains, eleven in number, and balloted two out from them in place of the two whom I have mentioned as not fit to be removed from the hospital to the prison cells. The two drawn happened to be:

1. Captain Keffer Company H, First California Regiment, Philadelphia.

2. Captain Bowman, Company E, Fifteenth Regiment Massachusetts Volunteers.

Preparations are being made to put the selected in the cells of the county prisons. We trust there will be no hanging and we are all in pretty good spirits.

W.

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U. S. FLAG-SHIP MINNESOTA, Hampton Roads, November 12, 1861.

Major-General HUGER, Commanding Department, &c., Norfolk, Va.

SIR: On the 29th ultimo Lieut. Albert Kautz, U. S. Navy, being a prisoner at Richmond, was kindly granted a parole of fifty days by the {p.133} Confederate authorities for the purpose of effecting an exchange, pledging himself to return as a prisoner if he failed to accomplish the object.

I have now under my control several individuals formerly lieutenants in the U. S. Navy,* held in custody I suppose because of their desire to join the Confederate cause, and among them is Mr. Henry K. Stevens, of South Carolina, whom you may know from the fact of his having married a daughter of General Totten. I beg to suggest to you that he may be received in place of Lieutenant Kautz. If you agree to this I will send Mr. Stevens to you forthwith. Furthermore I beg to say to you that Lieutenant Sharp, of your service, is also now under my control and at hand. If you will assure me that Lieutenant Worden shall be sent to me without delay and without exactions I will release Lieutenant Sharp unconditionally without waiting for the arrival of Lieutenant Worden and send him to you by a flag of truce.

Respectfully, your obedient servant,

L. M. GOLDSBOROUGH, Flag-Officer, Commanding North Atlantic Blockading Squadron.

* Lieut. H. K. Stevens, of South Carolina, Lieut. Benjamin P. Loyall, of Virginia, Walter R. Butt, of Virginia, H. H. Dalton, of North Carolina on frigate Congress, off Newport News.

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SPECIAL ORDERS, No. 138.}

HEADQUARTERS ARMY OF THE POTOMAC, Washington, November 12, 1861.

I. In compliance with Special Orders, No. 170, of the 12th ultimo from the Headquarters of the Army, the following-named prisoners now confined in the Old Capitol will be sent with as little delay as practicable to Fort McHenry and thence to Old Point Comfort, Va., from which place they are to be forwarded through the lines under a flag of truce. Brig. Gen. Andrew Porter, provost-marshal, will furnish a suitable guard for the prisoners to Fort McHenry, and the Quartermaster’s Department will provide the necessary transportation for the execution of this order.*

...

By command of Major-General McClellan:

S. WILLIAMS, Assistant Adjutant-General.

* Nominal list of thirty-seven names, all soldiers except one civilian, omitted.

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FORT WARREN, Boston Harbor, November 13, 1861.

General L. THOMAS, Adjutant-General U. S. Army, Washington, D. C.

SIR: In obedience to the instructions contained in yours of the 8th ultimo I have the honor to forward herewith a roll* of 250 prisoners of war. To make out this list I have with care selected the sick, feeble and infirm-secondly, the maimed, and lastly the boys or young men far under age. I have included Lieut. Col. C. H. Tyler, Confederate service. He tells me he was considered and treated as a prisoner of war until he arrived at Fort Lafayette. The list furnished me by that post does not give the reason for the confinement of the prisoners but {p.134} is merely headed as a “List of prisoners.” Accompanying this communication you will please find the certificate* of Dr. Peters stating that Colonel Tyler is in very feeble health.

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

J. DIMICK, Colonel First Artillery, Commanding Post.

* Omitted.

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HEADQUARTERS DEPARTMENT OF NORFOLK, November 13, 1861.

Flag-Officer L. M. GOLDSBOROUGH, Commanding North Atlantic Blockading Squadron.

SIR: I am in receipt of your letter of the 12th instant. As the Secretary of War has authorized me in his letter of October 16 (a copy of which has been sent you) to exchange Lieutenant Worden for Lieutenant Sharp I will send Lieutenant Worden to you as soon as he is placed at my disposal.

I telegraphed last evening to the Secretary of War requesting Lieutenant Worden might be sent to me at once, as the Secretary proposed in his letter above referred to.

If you will allow Lieutenant Sharp to come here at once as you so politely offer I will retain him here until the arrival of Lieutenant Worden and make the exchange on perfectly equal terms without any conditions or exactions whatever.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

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HEADQUARTERS DEPARTMENT OF NORFOLK, November 13, 1861..

Flag-Officer L. M. GOLDSBOROUGH, Commanding North Atlantic Blockading Squadron.

SIR: I will refer your letter of the 12th instant to my Government for instructions concerning the exchange of Lieut. Albert Kautz. As this Government has on all occasions been ready to exchange prisoners on fair terms according to the usages of civilized nations I have no doubt they will accept your proposition.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding Department.

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U. S. FLAG-SHIP MINNESOTA, Hampton Roads, November 13, 1861.

Maj. Gen. BENJAMIN HUGER, Commanding Department, &c., Norfolk, Va.

SIR: I am not instructed or authorized by my Government to make a formal exchange of prisoners on any terms. What I proposed to you in my letter of yesterday in relation to Lieutenant Sharp was that if you would assure me that Lieutenant Worden should be sent to me {p.135} without delay and without exactions I on my part would release Lieutenant Sharp unconditionally without waiting for the arrival of Lieutenant Worden and send him to you by a flag of truce.

The last paragraph of your letter of to-day wherein if I understand you aright you intimate a formal exchange induces me to suppose that possibly I may not hitherto have made myself clearly understood, and hence the reason why I now address you with the view of saying that I am not at liberty to act upon any other grounds than those above mentioned, which in effect amount to this: Give me one and I will give you the other, all formalities in the matter itself to be dispensed with and no conditions to be imposed upon either individual. If you will accept these Lieutenant Sharp shall be put at your disposal forthwith.

Respectfully, your obedient servant,

L. M. GOLDSBOROUGH, Flag-Officer, Commanding North Atlantic Blockading Squadron.

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HEADQUARTERS DEPARTMENT OF NORFOLK, November 14, 1861.

Flag-Officer L. M. GOLDSBOROUGH, Commanding North Atlantic Blockading Squadron.

SIR: I am in receipt of your letter of the 13th instant. To avoid any misunderstanding I refer you to my instructions, the letter of the Secretary of War* to me dated October 16, a copy of which has been sent to you.

In your letter of the 12th instant you say “I will release Lieutenant Sharp unconditionally,” but the previous part of the same sentence makes this condition, viz, that I shall assure you “that Lieutenant Worden shall be sent to you.” If this is not exchange what is it?

As authorized by my instructions I am ready to exchange Lieutenant Worden for Lieutenant Sharp.

I remain your obedient servant,

BENJ. HUGER, Major-General, Commanding Department

* See Benjamin to Huger, p. 729.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Sandusky, Ohio, November 15, 1861.

General M. C. MEIGS, Quartermaster-General U. S. Army, Washington, D. C.

GENERAL: I have the honor to inclose herewith the lease* for the land to be occupied on Johnson’s Island for the depot of prisoners of war; also the contract* and bond* for the erection of the buildings, all made under my direction. Some little additional expense has been put on the buildings to make them more suitable for this winter climate and I have allowed the contractors $1,500 to cover the increased expense of erecting the buildings on the island, an amount which seems to me only reasonable. The quarters for the officers who are prisoners will accommodate 256 persons, one-fourth more than on my estimate, and have four small rooms and two large ones in each building for mess-rooms and kitchens. All the quarters with the hospital, store and block-houses and the fencing which on account of the character of the {p.136} lumber will cost more than I expected will give a total cost of less than $28,000, and there can be little doubt that $30,000 will cover all contingencies. I inclose also a plan* of the arrangement of the buildings on the ground. In the two lines of buildings for prisoners there are sites for two additional buildings for officers and two for soldiers besides ground for a third line if more room should be required. A site is also selected for the commanding officer’s quarters if it should be thought advisable to order a major to command, as I think will be found to be absolutely necessary, and a site for another building if more quarters should be required for the guard. The one block to be erected for the guard will quarter two companies of eighty-four men each. The plat contains only part of the cleared ground and is less than one-third of the land leased. Much of the lumber is already on the ground and the work is progressing rapidly. The contractors are energetic, reliable men and will complete the work in the least possible time. I gave them till February 1 because circumstances might render it beyond their power to fulfill the contract in less time but I am satisfied if the weather is favorable they will do it within that time.

Very respectfully, your obedient servant,

W. HOFFMAN, Lieut. Col. Eighth Infantry, Commissary-General of Prisoners.

* Omitted.

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RICHMOND, November 15, 1861.

DEAR SIR: I would respectfully report the following names* of Company H, First California Regiment, U. S. Volunteers, Colonel Baker commanding, as having been taken prisoners at the late engagement at Ball’s Bluff, near Leesburg, on the 21st of October last, making 2 commissioned officers and 40 non-commissioned officers and privates that are here as prisoners belonging to my company.

I remain, very respectfully, your obedient servant,

FRANCIS J. KEFFER Capt., Comdg. Company H, First California Regt., U. S. Vols.

P. S.-I would state that I have been selected in connection with twelve other officers as hostages for the crew of the privateer Savannah, to be treated as persons accused of infamous crimes and to receive the same punishment they receive. We (the hostages) have been removed from the building where the prisoners of war are confined and placed in the county jail.

Very respectfully, yours,

FRANCIS J. KEFFER, Captain.

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COLUMBUS, OHIO, November 16, 1861.

General THOMAS:

General Mitchel has ordered improvements and a permanent extension to the establishment for prisoners of war at Camp Chase which must occasion considerable expenditure. The work is in progress. I report for the information of the Department.

W. HOFFMAN, Commissary-General of Prisoners.

{p.137}

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HEADQUARTERS DEPARTMENT OF NORFOLK, November 16, 1861.

Flag-Officer L. M. GOLDSBOROUGH, Commanding North Atlantic Blockading Squadron.

SIR: I have referred your letter of the 12th instant to my Government and received its views in reply.

1. Lieutenant Worden is now on his way here, and on his arrival and the release of Lieutenant Sharp I am authorized to restore Lieutenant Worden to you “without any exactions or conditions whatsoever,” as has been agreed between us.

2. I am also directed to say that your proposal to exchange Mr. H. 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 you of any imputation which my language may seem to convey. I refer solely to the action of your 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, however, stronger motives of action than the just indignation inspired by such a course of conduct on the part of our enemies.

I am therefore authorized to consent to the exchange of Mr. Stevens for Lieutenant Kautz and to tender the further exchange, which seems to be invited by your letter, by offering to restore to you Lieutenant Selden for Mr. Benjamin P. Loyall, of Virginia. In the course of a few days I hope to suggest the names of others of your officers to be offered for Messrs. Butt and Dalton.

In consenting to these exchanges I beg to protest in the name of my 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 remain, very respectfully, your obedient servant,

BENJ. HUGER, Major. General, Commanding Department.

[Indorsement.]

Returned to Major-General Huger November 20, 1861.

L. M. GOLDSBOROUGH, Flag-Officer, Commanding North Atlantic Blockading Squadron.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., November 18, 1861.

Hon. THOMAS A. SCOTT, Acting Secretary of War.

SIR: On the 11th instant I transmitted a copy of a letter from Maj. Gen. B. Huger, commanding at Norfolk, in which he said: “My Government will allow clothing, blankets and other articles necessary for the comfort of prisoners of war to be sent them.”

{p.138}

In transmitting the letter I intended to inform you that in proposing the arrangement with General Huger I made no allusion whatever to the authorities at Washington. It was simply an inquiry of my own whether clothing would be forwarded to Richmond for our prisoners. The prisoners at Richmond as it would appear from their letters to friends are suffering very much for the want of clothing and other articles necessary to their comfort.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

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HEADQUARTERS DEPARTMENT OF WESTERN VIRGINIA, Camp, Gauley Mountain, W. Va., November 19, 1861.

Maj. Gen. GEORGE B. MCCLELLAN, Commanding U. S. Army, Washington, D. C.

GENERAL: ... I have sent Capt. W. F. Raynolds with a flag of truce to Floyd proposing that he should put a stop to the abhorrent practice of kidnapping unarmed citizens, and promising on that condition to release certain hostages now in [our] possession. He will be able to report where the rebels are to be found.

...

Very truly and respectfully, your obedient servant,

W. S. ROSECRANS, Brigadier-General, U. S. Army.

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NAVY DEPARTMENT, Washington, November 19, 1861.

Flag-Officer L. M. GOLDSBOROUGH, North Atlantic Blockading Squadron, Hampton Roads, Va.

SIR: I inclose herewith copy* of the will of the late Lieut. John B. Stewart, of the Navy, together with a copy* of a letter addressed to his sister by Commodore Read, governor of the Naval Asylum, announcing his death.

He has bequeathed his property to his sister who is a resident of North Carolina, and the Department desires you to forward the inclosed by flag of truce at the first opportunity to the general in command at Norfolk, with the request that he will send them to their proper destination.

I am, respectfully, &c.,

GIDEON WELLES.

* Omitted.

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HEADQUARTERS DEPARTMENT OF NORFOLK, November 19, 1861.

Flag-Officer L. M. GOLDSBOROUGH, Comdg. North Atlantic Blockading Squadron, Hampton Roads.

SIR: This will be delivered to you by Lieutenant Worden, U. S. Navy, who is on his parole.

On your sending Lieutenant Sharp, C. S. Navy, to me my Government will consider Lieutenant Worden released from his parole.

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

BENJ. HUGER, Major-General, Commanding Department.

{p.139}

[NOVEMBER 19,1861.-For Huger to Wool relating to exchange of Surgeons De Witt C. Peters and Wyatt M. Brown, see Vol. I, this Series, p. 67.]

–––

U. S. FLAG-SHIP MINNESOTA, Hampton Roads, November 20, 1861.

Maj. Gen. BENJAMIN HUGER, Commanding Department, &c., Norfolk, Va.

SIR: I beg to acknowledge the receipt of two letters from you by the flag of truce of yesterday, one of which dated the 19th instant was handed to me in person by Lieutenant Worden, and the other dated the 16th instant came to me by one of my staff officers, to whom I understand it was given by the officer charged with your flag of truce.

With regard to the former and the first paragraph of the latter I am happy to say that I now send to you Lieutenant Sharp and place him entirely at your disposal in full accordance with what has passed between us on the subject. With regard, however, to the rest of your letter of the 16th instant there are parts of it which I regret you should have been called upon to write for instead of facilitating the object in view they must necessarily have an opposite effect. The proposition for you to receive Mr. Stevens in place of Lieutenant Kautz was made entirely on my own responsibility and without even the knowledge of my Government, and I made it (to say nothing on the score of humanity) because I considered Lieutenant Sharp as already virtually pledged for Lieutenant Worden and because I had no more suitable person under my control to offer, feeling at the time if not agreeable it might be gracefully declined.

It strikes me as not a little remarkable that while in one sentence you are called upon to express indignation at this proposition in the very next you are not only authorized to accept it but even to suggest its extension to several similar cases, and permit me to observe I am not aware that I did invite this suggestion on any occasion of our correspondence. Nevertheless I am not only willing but very anxious to give you besides Mr. Stevens for Lieutenant Kautz, Mr. Loyall for Lieutenant Selden and Messrs. Butt and Dalton for others upon whom we might agree, but it is due to frankness for me to say once for all that I can neither entertain this nor any other suggestion from you so long as it is coupled with even a rebuke much less an insult to my Government.

I therefore return you herewith your letter* in view and under the hope that upon further reflection you may be enabled to modify it so as to remove all objectionable features and thus that we may be permitted to proceed becomingly in the merciful object before us. Until then I am constrained to say things must stand as they now are.

L. M. GOLDSBOROUGH, Flag-Officer, Commanding North Atlantic Blockading Squadron.

* See Goldsborough’s indorsement on Huger’s letter of the 16th.

–––

HEADQUARTERS DEPARTMENT OF NORFOLK, November 21, 1861.

Flag-Officer L. M. GOLDSBOROUGH, Commanding North Atlantic Blockading Squadron.

SIR: Lieutenant Sharp, C. S. Navy, arrived yesterday and as stated in my letter of 19th instant his being thus liberated releases Lieutenant Worden from his parole.

{p.140}

As you state “the proposition for you to receive Mr. Stevens for Lieutenant Kautz was made entirely on my own responsibility and without even the knowledge of my Government” I cheerfully withdraw such portions of my letter as hold them responsible for it. I have acted under the express instructions of my Government and can only release their prisoners of war on such terms as they prescribe. As far as I am individually concerned I am as you express yourself “not only willing but really anxious” to release such as I have authority to dispose of.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

–––

U. S. FLAG-SHIP MINNESOTA, Hampton Roads, Va., November 22, 1861.

Maj. Gen. BENJAMIN HUGER, Commanding Department, &c., Norfolk, Va.

SIR: Agreeably to what is now fully understood between us I send you to-day by flag of truce Mr. H. K. Stevens without pledge or parole, to be received in place of Lieutenant Kautz, U. S. Navy. Will you be good enough to acknowledge this transaction in writing? Mr. B. P. Loyall having signed a written pledge to the effect that he will return to me as prisoner within fifty days unless Lieut. George L. Selden, U. S. Navy, is delivered to me in the meantime without pledge or parole I send him also to you by the same opportunity.

I am ready to meet you at your earliest convenience in the cases of Messrs. Butt and Dalton. It will afford me a pleasure when the moment arrives that I can restore them to their liberty.

Very respectfully, your obedient servant,

L. M. GOLDSBOROUGH, Flag-Officer North Atlantic Blockading Squadron.

[Inclosure.]

U. S. SHIP CUMBERLAND, Newport News, November 22, 1861.

I, B. P. Loyall, hereby pledge my sacred honor to return as a prisoner to the senior officer of the Navy of the United States commanding at Hampton Roads within fifty days from this time unless in the meanwhile Lieut. George L. Selden, U. S. Navy, is delivered up to said senior officer without pledge or parole by Maj. Gen. Benjamin Huger or some other competent authority at Norfolk, Va.

B. P. LOYALL.

[Indorsement.]

NOVEMBER 22, 1861.

I send this copy of the pledge signed by Mr. Loyall to General Huger in order that he may have a full and clear understanding of the whole matter.

Most respectfully,

L. M. GOLDSBOROUGH, Flag-Officer.

–––

U. S. FLAG-SHIP MINNESOTA, Hampton Roads, November 23, 1861.

Maj. Gen. BENJAMIN HUGER Commanding Department, &c., Norfolk, Va.

SIR: I beg to suggest to you for your consideration that Captain Ricketts, U. S. Army, now at Richmond a prisoner and as I understand {p.141} suffering seriously from a wound, may be sent to me without pledge or parole with the understanding that I will send to you in his place Mr. Walter R. Butt, late a lieutenant in the U. S. Navy. I make this proposition entirely on my own responsibility and under the belief and hope that it may be agreeable to you. If you will accept it I will place Mr. Butt at your disposal forthwith on conditions similar to those asked of Mr. Loyall yesterday, without waiting for Captain Ricketts’ appearance.

Respectfully, your obedient servant,

L. M. GOLDSBOROUGH, Flag-Officer, Commanding North Atlantic Blockading Squadron.

–––

BALTIMORE, November 25, 1861.

Col. T. A. SCOTT, Assist ant Secretary:

The Adams Express Company will convey from any of the Northern cities to Fortress Monroe free of charge any blankets or other articles intended to be sent by the Government to parties held as prisoners of war in the South. We shall be pleased to be put in communication with the proper officer on this subject.

S. M. SHOEMAKER, Superintendent Adams Express

–––

GENERAL ORDERS, No. 102.}

HEADQUARTERS OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, November 25, 1861.

...

II. The Secretary of War directs that all officers and enlisted men of the volunteer service now prisoners in the hands of the enemy or reported as missing in action, or that may be hereafter taken prisoners or reported missing in action, be transferred to skeleton regiments to be formed by the Governors of the respective States and to consist entirely of such prisoners and missing officers and men. The vacancies thus occasioned in the organized regiments will be filled by the Governors of the various States to which the regiments belong.

...

By command of Major-General McClellan:

L. THOMAS, Adjutant-General.

–––

GENERAL HOSPITAL, Richmond, Va., November 25, 1861.

ADJUTANT-GENERAL U. S. ARMY, Washington.

SIR: It has been suggested to me by persons interested in my wounded condition, and a prisoner since the 21st of July, that my release can probably be effected and that I can be permitted to return to the North should Captain de Lagnel, now a prisoner at Fort Warren, Boston, be also released, both of us being of the same rank, wounded , and of the same arm of service. May I ask your earliest consideration and reference to the proper authorities?

I am sir, very respectfully, your obedient servant,

JAMES B. RICKETTS, Captain, First Artillery, U. S. Army.

{p.142}

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FORT WARREN, Boston Harbor, November 25, 1861.

General L. THOMAS, Adjutant-General, Washington.

SIR: In obedience to the indorsement on the complaint sent to me under date of the 22d* I have to report the sick prisoners as comfortable as they could be made in any army hospital. It is true for one day after their arrival that they had not the comforts needed in consequence of the bedding not accompanying the prisoners, but the next day the mayor of Boston supplied everything necessary for their comfort until the arrival of the hospital stores from New York. Doctor Peters complained of the newspaper reports respecting the sick and wished to contradict them under his own signature but I advised him not to notice them. The prisoners of war have been well quartered from the day they landed; very soon bunks were put up in their rooms and they think that everything has been done for their comfort. I never heard a complaint from any one of them. They seem to be in better health than when they arrived owing to the pleasant weather. I must say that many of them appeared to have feeble constitutions. The bedding of the prisoners of state was retained at Fort Lafayette; this caused some inconvenience to them, but now they are supplied with everything needed for their comfort.

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

J. DIMICK, Colonel First Artillery, Commanding Post.

* Not found.

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QUARTERMASTER-GENERAL’S OFFICE, Washington, November 25, 1861.

Maj. Gen. JOHN E. WOOL, Comdg. Department Virginia, Fort Monroe, Va.

GENERAL: I have directed Colonel Vinton to send to the quartermaster at Fortress Monroe 2,000 suits of infantry clothing, including underclothing, shoes, overcoats, blankets and forage caps, for the prisoners held by the rebel Government. As many of the prisoners are represented to be in great suffering from the want of clothing please have it forwarded under cover of the first flag of truce after it comes into the hands of your quartermaster. The funds to pay the freight should also be forwarded.

Very respectfully, your obedient servant,

M. C. MEIGS, Quartermaster-General.

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

Flag-Officer L. M. GOLDSBOROUGH, Commanding North Atlantic Blockading Squadron.

SIR: I have to acknowledge the receipt of your letter of the 21st instant inclosing the will of the late Lieut. John B. Stewart, U. S. Navy. Commodore [G. C.] Read states he incloses a letter from Lieutenant Stewart to his sister. No such letter was inclosed. Will you please inquire of Commodore Read for it? The name and address of his sister are not given in any of the papers; I have written to Raleigh to inquire about her.

{p.143}

I have also received yours of the 22d at which time you sent up Mr. Stevens to be received in place of Lieutenant Kautz; also Mr. B. P. Loyall on parole to await the arrival of Lieutenant Selden. I hope to address you fully concerning them in the course of a few days and also concerning the proposition contained in your letter of the 23d instant which has been duly received and referred. If the delay of a day or two occurs please attribute it to temporary absence from the city and not to any neglect on my part.

I remain, very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding Department.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, November 27, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: Herewith I transmit for your consideration a letter dated the 22d [20th] instant addressed to the Hon. Jefferson Davis, President of the Confederate States of America, at Richmond, Va., by N. Harrison, attorney for the officers and crew of the Petrel and Enchantress, with a certified copy of docket entries in the circuit court of the United States, dated October 8, 1861, against Perry for high treason, and a printed document* of the trial of William Smith for piracy as one of the crew of the Confederate privateer Jeff. Davis, by D. F. Murphy. I also send you two letters dated November 22, one addressed to myself or Flag-Officer L. M. Goldsborough, and the other to Commodore Pendergrast, requesting that the documents might be forwarded to Jefferson Davis. Not being inclined to forward them as desired I have deemed it proper to transmit them to you for such disposition as you may direct.

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

JOHN E. WOOL, Major-General.

* Omitted here; see trial of William Smith, p 58 et seq.

[Enclosure No. 1.]

PHILADELPHIA, November 20, 1861.

Hon. JEFFERSON DAVIS, President of the Confederate States of America.

SIR: I herewith transmit to you three printed copies of the trial of William Smith (prize master of the Enchantress and one of the crew of the privateer Jeff. Davis) who was lately convicted of piracy before the circuit court of the United States for the eastern district of Pennsylvania. Smith’s real name is Walter W. Smith, but it was deemed unnecessary by his counsel to put in a plea of misnomer and to delay the trial of the case on that account. It will be seen from the last page of the pamphlet that his comrades, Daniel Mullings, Edward Rochford and Thomas Quigley were subsequently tried and convicted in the same court and for the same offense. In all these cases motions for a new trial and in arrest of judgment have been made which are still pending.

I also transmit to you a transcript from the record in the case of the United States versus William Perry and others (the officers and crew of the privateer Petrel) charged with treason before the same court, This transcript shows the number and also the shipped names of all the Petrel prisoners with the exception of the defendant, Austin C. Williams, {p.144} who says he was registered by the name of William Dyer. Frank Albor (the cabin boy) has recently died in prison of consumption, having received at the hands of Mr. Taylor, the acting superintendent of the cells at Moyamensing Prison, all the humanity and kindness in his power. The other prisoners, with the exception of Capt. William Perry and William Sharkey, are in good health. Captain Perry has suffered and is still suffering severely from rheumatic gout. Upon the application of the prisoners’ counsel the trial in the case of the Petrel has been continued until the next term of the court, which will commence on the first Monday of April, 1862.

All the aforesaid parties have been in Moyamensing Prison for more than three months under close confinement, and my object in addressing you this letter is as counsel for the accused respectfully and earnestly through you to appeal to the Government of which you are President to submit some proposition to or to enter into some negotiation or arrangement with the Government of the United States by virtue of which these prisoners, all of them (whether convicted or unconvicted), may be dealt with and exchanged for as prisoners of war and liberated as soon as possible from confinement. I shall apply to the Government of the United States for permission to transmit to you this letter and the accompanying documents for such consideration and action as may be respectively had thereupon, hoping that the result may be a speedy discharge of my clients from a long and severe imprisonment.

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

N. HARRISON, Attorney for the Officers and Crew of the Petrel and Enchantress.

[Sub-inclosure.]

In the circuit court of the United States in and for the eastern district of Pennsylvania, in the third circuit.

[No. 1. October session, 1861. Indictment, high treason. True bill.]

The United States of America versus William Perry, Richard M. Harvey, Charles Campbell, August Peyrusset, Robert Barret, Henry Mills, Edward Flynn, William Sharkey, Daniel Courtney, John M. Morgan, Frank Albor, George Hawkins, Asa Delahay, John Cunningham, Richard R. Jeffries, William H. Hazlehurst, George S. Harrison, John Mark, Hugh Monagrow, William Bryan, Michael Dillon, Henry A. Run, John Mallings, John W. Dearing, C. H. Marriott, George II. Roberts, Thomas A. Brookbanks, Richard Lewis, Edward Murphy, John H. Edwards, Thom as Woods, John G. S. Tucket, Austin C. Williams, Henry Autmans, George Sawden and John Cronin.

October 5, 1861.–Indictment remitted from the district court, act of Congress.

October 15, 1861.-Certified copy of the indictment and of the list of jurors furnished to the defendants (to each of them).

November 11, 1861.-Mr. Ashton, assistant attorney of the United States, moves for the arraignment of the prisoners William Perry, Richard M. Harvey and Charles Campbell.

George M. Wharton, N. Harrison and J. P. O’Neill, esqs., appear for the said prisoners and move for a continuance till next term. Affidavit of William Perry, Richard M. Harvey and Colin Campbell presented and read. Motion for continuance argued by Messrs. Wharton, {p.145} Harrison and O’Neill for the said prisoners and by Messrs. Ashton, Kelley and Earle for the United States.

Mr. Ashton, assistant attorney of the United States, moves for the arraignment of the prisoners Richard Lewis and Thomas A. Brookbanks. N. Harrison, esq., appears for the said prisoners, Richard Lewis and Thomas A. Brookbanks, and moves for a continuance till the next term.

November 12, 1861.-J. Hubley Ashton, esq., assistant attorney of the United States, moves for the arraignment of the prisoners. And now, to wit, November 12, 1861, the prisoners William Perry, Richard M. Harvey, August Peyrusset, Henry Mills, Edward Flynn, William Sharkey, Daniel Courtney, George Hawkins, William H. Hazlehurst, George S. Harrison, John Mallings, C. H. Marriott, George H. Roberts, Thomas A. Brookbanks, Richard Lewis, Edward Murphy, John H. Edwards, Thomas Woods, John G. S. Tucket, Austin C. Williams, George Sawden and John Cronin being arraigned, &c., and being immediately and severally asked how they will acquit themselves of the premises above laid to their charge severally do say that they are not guilty thereof, and thereof for good and for ill they put themselves upon the country. And J. Hubley Ashton, esq., assistant attorney of the United States, who prosecutes for the United States in this behalf doth the like.

And the said prisoners Charles Campbell, Robert Barrel, John M. Morgan, Asa Delahay, John Cunningham, Richard R. Jeffries, John Mark, Hugh Monagrow, William Bryan, Michael Dillon, Henry A. Run, John W. Dearing and Henry Autmans being at the same time arraigned, &c., and being immediately and severally asked how they will acquit themselves of the premises above laid to their charge, protesting severally as follows: The said Charles Campbell that his name is Colin Campbell and not Charles Campbell; the said Robert Barret that his name is Robert Barnet and not Robert Barret; the said Asa Delahay that his name is Andrew C. Delahay and not Asa Delahay; the said John M. Morgan that his name is John N. Morgan and not John M. Morgan; the said Richard R. Jeffries that his name is Richard H. Jeffers and not Richard R. Jeffries; the said John Cunningham that his name is John C. Cunningham and not John Cunningham; the said John Mark that his name is John Mack and not John Mark; the said Hugh Monagrow that his name is Hugh Monaghan and not Hugh Monagrow; the said William Bryan that his name is William Brain and not William Bryan; the said Michael Dillon that his name is Michael Dooling and not Michael Dillon; the said Henry A. Run that his name is Henry A. Rowan and not Henry A. Run; the said John W. Dearing that his name is John M. Dearing and not John W. Dearing; and the said Henry Autmans that his name is Henry Oltmans and not Henry Autmans-do severally say that they are not guilty thereof; and thereof for good and for ill they put themselves upon the country. And J. Hubley Ashton, assistant attorney of the United States, who prosecutes for the United States in this behalf; doth the like, therefore, &c.

And now the motion for a continuance made in behalf of the prisoners William Perry, Richard M. Harvey and Charles Campbell (the last named representing and declaring himself to be Colin Campbell) being before the court, and the affidavit of William Perry, Richard M. Harvey and Colin Campbell being filed, it is ordered by the court that the said motion for a continuance be granted. And now the court having granted the application for a continuance on the part of the defendants {p.146} Perry, Harvey and Campbell, upon the motion of counsel on their behalf and the counsel of the other defendants having on the same reasons moved for a continuance on behalf of the other defendants the application on their behalf is granted likewise.

Whereupon all the prisoners are remanded.

UNITED STATES OF AMERICA, Eastern District of Pennsylvania, ss:

I, Benjamin Patton, clerk of the circuit court of the United States of America for the eastern district of Pennsylvania, in the third circuit, do hereby certify the foregoing to be a true and faithful copy of the docket entries in the above case.

In testimony whereof I have hereunto subscribed my name and affixed the seal of the said circuit court at Philadelphia this 21st day of November, in the year of our Lord 1861, and of the independence of these United States the eighty-sixth.

CHAS. M. BENCHARD, Senior Clerk of Circuit Court.

[Inclosure No. 2.]

PHILADELPHIA, November 22, 1861.

General J. E. WOOL, or Flag-Officer L. M. GOLDSBOROUGH, Fort Monroe.

SIR: Through the kindness of Commodore Pendergrast I am able to forward to you an open package containing a letter and some documents for Mr. Jefferson Davis which I ask the favor of you to examine and if proper to allow to be sent over to Norfolk, and thence transmitted to Mr. Davis. It may be proper to add that before applying to Commodore Pendergrast for the favor of forwarding this to you I showed the whole matter to Mr. J. Hubley Ashton, acting district attorney for the United States in this city, from whom I received a letter for Commodore Pendergrast of which I herewith send you a copy.

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

N. HARRISON, Attorney for the Officers and Crew of the Petrel and Enchantress.

[Sub-inclosure.]

OFFICE OF U. S. ATTORNEY, 128 South Sixth Street, Philadelphia, November 22, 1861.

Commodore PENDERGRAST.

SIR: Mr. N. Harrison, who is of counsel for the parties now imprisoned here for piracy and treason, wishes to transmit a letter that he will show you to Richmond together with a printed report of the trial of certain of those parties. I can see no objection to the sending of this letter and pamphlet. I tell him that the better plan would be to send them to Fortress Monroe with a request to the commander to transmit them with the first flag of truce that may be sent to Norfolk. He desires especially to know how these documents may be sent to Fortress Monroe. Mr. Harrison will show you his letter so that you will be able to determine whether there is any impropriety in facilitating Mr. Harrison’s project.

Very truly yours,

J. HUBLEY ASHTON, Assistant U. S. Attorney.

The above is a true copy of Mr. Ashton’s letter to Commodore Pendergrast which was handed to me open by Mr. Ashton for me to read.

N. HARRISON.

{p.147}

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, November 28, 1861.

Maj. Gen. GEORGE B. MCCLELLAN, Commanding the Army.

GENERAL: Herewith you will receive a communication from J. G. Martin, adjutant-general North Carolina. In relation to so much as refers to furnishing clothing for the prisoners of the United States in North Carolina I would remark that I have already made arrangements with Major-General Huger for the transportation of clothing, and 2,000 suits have been ordered for that purpose by the Quartermaster-General and will be forwarded as soon as received.

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

JOHN E. WOOL, Major-General.

[Enclosure.]

HDQRS. NORTH CAROLINA TROOPS, ADJT. GEN.’S OFFICE, Raleigh, November 23, 1861.

Major-General MCCLELLAN, General-in-Chief U. S. Army, Washington, D. C.

GENERAL: I have under my charge about 120 prisoners belonging to your Army, part of them, about 40, taken in Virginia, the others from the steamer Union wrecked on our coast. They all want blankets and many of them clothes. I have furnished clothing to some of them but can do so no more. I write now to say that if you will furnish me with such clothing as you wish given them I will turn it over to some one of your officers for distribution among the officers and men. I will also deliver to any officer you may name such amount of money as you may think proper for the use of your officers and men in such sums as I think necessary if you will cause the same amount to be placed subject to the order of Col. William F. Martin, Seventh [Seventeenth] Regiment North Carolina Volunteers, prisoner of war taken at Hatteras, now at Fort Warren, for the use of his officers and men under such regulations as you may think necessary. Four days since it was considered necessary to confine in jail* Lieutenant-Colonel Bowman, of the Pennsylvania Volunteers. The reason for this you will probably have seen stated in the newspapers. Before that he was on parole and accorded the limits of this city as the other officers still are. This letter is written with the knowledge and sanction of the Governor.

I am, general, respectfully, your obedient servant,

J. G. MARTIN, Adjutant-General.

* As a hostage; see pp, 131,132.

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DEPARTMENT OF STATE, Washington, November 29, 1861.

Hon. EDWARD BATES, Attorney-General.

SIR: Major-General Wool has transmitted to this Department from Fortress Monroe a packet with the following address-

To the Honorable Jefferson Davis, President of the Confederate States of America, Richmond, Va.-

and accompanying papers. This packet contains a letter to the person addressed from a Mr. N. Harrison, attorney for certain persons recently tried for piracy in Philadelphia, and was forwarded to General Wool by the express sanction of J. Hubley Ashton, assistant attorney of the United States there.

{p.148}

In pursuing this course it is conceived that Mr. Ashton committed a serious indiscretion at least which deserves and I trust will receive a proper reprimand from you.

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

WILLIAM H. SEWARD.

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HDQRS. OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, November 2d, 1861.

Major-General WOOL, U. S. Army Commanding Department of Virginia, Fort Monroe, Va.

SIR: I inclose herewith Special Orders, No. 316, of this date, and a copy of a letter to Colonel Dimick, both relating to the release of certain prisoners of war who shall be sent to Fort Monroe. The General-in-Chief desires you to permit them to go through our lines to Norfolk, or if they prefer to Hatteras; also to make known to them that if any one of them shall procure the release of one of our prisoners of like grade in the hands of the enemy he may be considered as relieved from the oath not to bear arms against the United States which they all have taken.

I am, sir, &c.,

L. THOMAS, Adjutant-General.

[Enclosure No. 1.]

SPECIAL ORDERS, No. 316.}

HDQRS. ARMY, ADJT. GEN.’S OFFICE, Washington, November 29, 1861.

...

III. The following-named prisoners of war confined in this city will be sent to Fort Monroe, and thence under a flag of truce through the U. S. lines and released on taking an oath not to engage in arms against the United States.*

...

By command of Major-General McClellan:

L. THOMAS, Adjutant-General.

* List of thirty-two names omitted.

[Enclosure No. 2.]

HDQRS. OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, November 29, 1861.

Col. J. DIMICK, First Artillery, U. S. Army, Fort Warren, Boston, Mass.

SIR: The General-in-Chief directs that the 250 prisoners of war named on the list inclosed in your letter of the 13th instant be sent by sea to Fort Monroe, Va., and thence by a flag of truce to Norfolk, on condition that they take the oath not to bear arms against the United States according to the form* inclosed herewith. It may be understood that should any of our officers or men now prisoners in the hands of the enemy be set free in consequence of this action a like number and of the same grade of the prisoners herein referred to may be released from their parole.

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

L. THOMAS, Adjutant-General.

* Not found.

{p.149}

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., November 29, 1861.

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

GENERAL: This is to acknowledge the receipt of $255 for Lieut. Col. J. A. J. Bradford, prisoner of war; $20 in bills on Alexandria, Baltimore and Merchants and Mechanics’ Bank of Washington for William H. Seymour, private, North Carolina Defenders; and a letter from the adjutant-general of North Carolina addressed to Col. William F. Martin, Seventh [Seventeenth] Regiment North Carolina Volunteers, a prisoner of war, inclosing two drafts from General J. G. Martin in favor of General J. G. Martin, for $800, and in favor of James Larocque for $806.53; in all $1,606.53, which will be duly forwarded.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

–––

HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., November 29, 1861.

General BENJAMIN HUGER, Commanding Department of Norfolk, Norfolk, Va.

SIR: The major-general commanding this department wishes to know whether sugar, tea and coffee can be forwarded and be permitted to be used by our prisoners in Richmond.

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

WM. D. WHIPPLE, Assistant Adjutant-General.

–––

DEPARTMENT OF STATE, Washington, November 30, 1861.

Hon. GIDEON WELLES, Secretary of the Navy.

SIR: I have the honor to inform you that this Department has received from General Wool at Fortress Monroe a packet relative to the recent trial of pirates at Philadelphia. This packet has the following address:

To the Honorable Jefferson Davis, President of the Confederate States of America, Richmond, Va.

It appears from a copy of a letter in the packet from J. Hubley Ashton, assistant U. S. attorney at Philadelphia, to Commodore Pendergrast that the commodore was requested to transmit the packet to Fortress Monroe to be forwarded, and it is presumed that he complied with the request.

If he did in my judgment he committed an indiscretion which should receive a proper rebuke from the Navy Department.

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

WILLIAM H. SEWARD.

–––

HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., November 30, 1861.

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

GENERAL: ... I perceive that a change has been made in the disposition of the prisoners. Will it make any difference in forwarding money and clothing for them; that is will you forward to Raleigh {p.150} or any other place money and clothing? I have money on hand and more expected, but retain it until I hear from you on the subject.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

–––

OFFICE COMMISSARY-GENERAL OF PRISONERS, New York City, November 30, 1861.

General L. THOMAS, Adjutant-General U. S. Army, Washington, D. C.

GENERAL: It is necessary in order that time may not be lost that I should consult you in person in relation to matters connected with my duties as commissary-general of prisoners, and I respectfully ask to be ordered to Washington for this purpose.

I am, very respectfully, your obedient servant,

W. HOFFMAN, Lieut. Col. Eighth Infantry, Commissary-General of Prisoners.

[Indorsement.]

ADJUTANT-GENERAL’S OFFICE, December 2, 1861.

Lieutenant-Colonel Hoffman will repair to this city on duty and then return to New York.

By command:

E. D. TOWNSEND, Assistant Adjutant-General.

–––

DEPARTMENT OF STATE, Washington, December 2, 1861.

Maj. Gen. JOHN E. WOOL, Fort Monroe, Va.

GENERAL: I have received your letter of the 29th ultimo, and have forwarded to Colonel Dimick at Fort Warren, Boston, the drafts which accompanied it, the proceeds of which are intended for the benefit of North Carolina prisoners there.

I am your very obedient servant,

WILLIAM H. SEWARD.

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[DECEMBER 3-11, 1861.-For correspondence relating to Union sentiment and arrest of 134 so-called Union conspirators in Arkansas, see Series I, Vol. VIII, pp. 69,662, 699,700, 710.]

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HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, Mo., December 3, 1861.

Maj. Gen. GEORGE B. MCCLELLAN, Commander-in-Chief, Washington, D. C.

GENERAL: ... I have directed to the Adjutant-General of the Army the correspondence between General Grant and Bishop General Polk in relation to the exchange of prisoners.* After full consideration of the subject I am of the opinion that prisoners ought to be {p.151} exchanged. This exchange is a mere military convention. A prisoner exchanged under the laws of war is not thereby exempted from trial and punishment as a traitor. Treason is a state or civil offense punishable by the civil courts; the exchange of prisoners of war is only a part of the ordinary commercia belli.

Very respectfully, your obedient servant,

H. W. HALLECK, Major-General.

* For this correspondence, see Vol. I, this Series, p. 511 et eeq.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., December 3, 1861.

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

GENERAL: I send herewith by flag of truce Charles H. Pandorf and Benjamin Sutton, the latter a discharged prisoner. I also send under cover to you a package of letters addressed South.

Agreeably to your suggestion I will send on Thursday clothing, &c., for prisoners. It would be very desirable to ascertain the location of those sent from Richmond.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

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WASHINGTON, December 4, 1861.

To THE HOUSE OF REPRESENTATIVES:

I transmit herewith a report from the Secretary of State in reply to the resolution * of the House of Representatives of the 13th of July last in relation to the correspondence between this Government and foreign nations respecting the rights of blockade, privateering and the recognition of the so-called Confederate States.

ABRAHAM LINCOLN.

* See p. 8.

[Inclosure.]

DEPARTMENT OF STATE, Washington, December 4, 1861.

To the PRESIDENT:

The Secretary of State to whom was referred a resolution of the House of Representatives passed on the 13th day of July last requesting the President at the beginning of the next session of Congress if compatible with the public service to communicate to that House all correspondence with the English, French, Spanish and other governments with reference to the rights of blockade, privateering and the recognition of the so-called Confederate States, has the honor to report that the correspondence thus called for has been submitted with the President’s annual message to both Houses of Congress.

Respectfully submitted.

WILLIAM H. SEWARD.

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NAVY DEPARTMENT, Washington, December 4, 1861.

Hon. F. W. SEWARD, Assistant Secretary of State.

SIR: I have the honor to inform you in reply to your letter of the 3d* instant touching the loyalty of Mr. Griffin, late of the U. S. Navy, {p.152} that the only knowledge or information I have of him is that he is from Georgia and that he declined to accompany the steamer Star of the West when she was dispatched to provision Fort Sumter last spring when it became known that that was her destination.

I am, respectfully, your obedient servant,

G. V. FOX, Assistant Secretary.

* Not found.

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RICHMOND, VA., December 4, 1861.

Hon. B. F. GRANGER, [Representative in Congress, First District of Michigan].

DEAR SIR: I take the liberty of addressing you, the Representative of the First Congressional district, in behalf of 72 sons of Michigan, 40 of whom are from your immediate district, 14 hailing from your own county of Washtenaw. They are widely dispersed, a portion being in Charleston and others in Richmond, Columbia, New Orleans and Tuscaloosa and some will in a few days be sent to Salisbury, N. C. They are a portion of 3,000 loyal citizens of the United States now held as prisoners of war. Most of them have been in close confinement under very unfavorable circumstances over four months.

I might picture to you their present condition but deem it unnecessary. You can readily conceive how men taken (generally without money) with clothing originally of poor quality, having already had three months’ service in the field, will naturally appear after four months more have passed, in most cases without a change of any garment. Can you believe they are in a condition to stand the changes of even a Southern climate? We know they are not and unless something is done for their relief their decimated ranks next spring will tell a fearful tale.

I have just read a note from an educated young man of a Northern city who left a situation as bank clerk and enlisted as a private to serve his country. He was wounded and taken prisoner at Manassas. He says: “I have no shirt or socks and suffer much from cold and damp and at every breath it seems as if a knife were plunged into me; I cannot stand it much longer.” This is but one case of many that I might cite had I time. I have seen sights that made my heart bleed. I am convinced that many are now sustained only by the hope that it will not much longer continue thus and that a speedy exchange will restore them to their families and friends, from whence after a restoration to health they may return to the service of their country. It is said “hope deferred maketh the soul sick.” Let it be understood there is to be no exchange and many would welcome death.

Now let me ask, is all this necessary? The question naturally arises with us has not as much been conceded already as would be in a full exchange of prisoners? Flags of truce are of almost daily occurrence; prisoners have been taken in arms against the Government with stipulations, since honestly carried out, that they would be received and treated as prisoners of war; paroles have been recognized at our capital and fifty-seven of our prisoners returned to their homes and friends by order of General McClellan; prisoners have been exchanged with all the usual formalities on the Mississippi, and naval officers are even now on their way home in exchange for an equal number sent here by our Government or its agents.

Of course in our isolated position we cannot know all the different aspects in which the question will present itself; we can only judge of {p.153} acts that come under our observation and reason that the same rule that will exchange one will exchange an army. I admit that we are anxious on the subject, and we have cause to be. Humanity prompts and justice demands it.

I believe I speak the sentiments of all here when I say we do not wish to embarrass the action of our Government in the least, but we cannot understand how a full exchange will do more injury than acts already done. We believe belligerency can be recognized without involving independence. Surely the war cannot continue for years or even months longer without this question becoming so important that it must be met and an exchange effected. Then why delay what must inevitably be? We enlisted to serve our country and if necessary die for it, but we would prefer a different death than the one awaiting us here. I cannot say all I would for obvious reasons, but I can say we are suffering from neglect, so much so that it is the subject of newspaper paragraphs here and elsewhere. It makes my face burn to read them and think that over four months have passed and nothing done for our relief.

We have frequently heard that clothing was to be sent to us but winter has come and no clothing, but sickness has. It has been said that the Confederates sent the most destitute to the far South from motives of humanity. However that may be I saw some go without shirts and many without shoes or socks, and even some with drawers and no pants. I am sorry to say this and perhaps my doing so will prevent this reaching you, but I trust it will not. I may be treading on forbidden ground, but I will say that I believe this would not be if clothing could be obtained here. It could not in sufficient quantities. Southern troops are clothed by contributions from home of home-made cloth. Those that have means to purchase can find limited quantities at extravagantly high prices-beyond the means of most of us. Clothing can be sent safely. The Massachusetts men having been here but about six weeks have already been supplied with full outfits from their friends at home. Cannot Government send as well as they? The Confederates have recently furnished quilts as substitutes for blankets, which could not be obtained, and straw sacks, which is some improvement, but we still need blankets and clothing, especially pants, shirts, drawers, socks and shoes.

I am sorry to trouble you with this matter, but thinking your position would enable you to do much I venture to do so. If we are to remain here and Government does not speedily provide for our wants will you please call the attention of such citizens of Michigan as may be in Washington to this matter? I know that an appeal to the people of our State would be promptly met, and I feel assured that our necessities would have been attended to ere this had it been known that it Was required and could be done. What is done should be at once.

Very respectfully, yours,

- -.

Should there be any persons in Washington from Ypsilanti please show them this letter.

I inclose a slip cut from this morning’s [Richmond] paper:

Suffering.-The Yankee prisoners of war in this city are beginning to feel the want of proper clothing. Congressman Ely has very generously offered we learn to expend $5,000 of his private means, which are quite ample, in order to purchase them necessary clothing; but his fellow-prisoners decline to permit him to do that which their Government should long since have recognized as a binding duty.

{p.154}

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Resolution adopted by the House of Representatives December 4, 1861.

Resolved, That the Committee on Military Affairs be instructed to inquire what change if any is necessary in the law providing for the payment of soldiers who are held as prisoners of war.

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Resolution adopted by the House of Representatives December 4, 1861.

Whereas, in July, 1861, at Fort Fillmore, in New Mexico, Maj. Isaac Lynde, U. S. Army, abandoned said fort and shortly after its abandonment surrendered a largely-superior force of U. S. troops under his command to an inferior force of Texas troops without firing a gun or making any resistance whatever; and

Whereas, it is charged and believed that said surrender was the result of treason or cowardice or both, in which surrender other officers under his command were also concerned: Therefore

Resolved, That the Secretary of War be requested if not incompatible with the public interest to report to this House what measures have been or ought to be taken to expose and punish such of the officers now on parole as were guilty of treason or cowardice in that surrender and relieve from suspicion such as were free from blame.

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NAVY DEPARTMENT, Washington, December 5, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: In reply to your communication of the 30th ultimo respecting a packet received by you from General Wool addressed to the Hon. Jefferson Davis, &c., &c., and which from an inclosure appears to have been forwarded by Commodore Pendergrast, I have the honor to inform you that that officer was called upon to say if he did forward the package and why he did so. A copy of his reply is herewith inclosed in which he denies having forwarded the package, but thinks it was sent by the U. S. steamer State of Georgia without his order. The matter will be further investigated.

I am, sir, respectfully, your obedient servant,

GIDEON WELLES.

[Inclosure.]

COMMANDANT’S OFFICE, U. S. NAVY-YARD, Philadelphia, December 3, 1861.

Hon. GIDEON WELLES, Secretary of the Navy, Washington, D. C.

SIR: I have the honor to acknowledge the receipt of your letter of the 30th ultimo informing me that a package addressed to the Hon. J. Davis, president, &c., &c., at Richmond, Va., was forwarded by me to General Wool at Fortress Monroe, and I am asked to inform the Department whether or not a package so addressed was forwarded by me, and if so under what circumstances.

In reply I have to say that I forwarded no such package to General Wool, but will remark that I believe such a package may have gone from a Mr. Harrison, a lawyer in this city, who defended some prisoners and who applied to me for information as to how he should proceed in sending communications to Virginia in relation to the proceedings of {p.155} the U. S. district court. I replied to him that it could only be done by sending open or unsealed letters to the military or naval commanders at Fortress Monroe to go by a flag of truce. The package I believe was sent by the steamer State of Georgia but without my order.

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

G. J. PENDERGRAST, COMMANDANT.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., December 5, 1861.

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

GENERAL: I am at a loss to know how to address the articles of clothing designed for the Federal prisoners. Will you enlighten me? I make this request in consequence of the location of many of the prisoners having been changed. I am aware that I am giving you much trouble, yet as it is an act of mercy to the wounded, poor and needy from my former knowledge of your character I feel assured you will do whatever you can consistently with your duty to aid me in the matter.

I have received some 2,000 suits of clothing from the United States for the Federal prisoners in the South. Not being directed for any troops in particular I shall not send them forward until I learn from you if you can give me the required information as to the location of the prisoners.

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

JOHN E. WOOL, Major-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., December 5, 1861.

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

GENERAL: I forward to you by flag of truce six boxes addressed to Lieut. I. W. Hart, Twentieth Regiment Indiana Volunteers, at Norfolk, containing the following articles of clothing for prisoners of war: 53 woolen blouses, 53 caps, 53 shirts, 53 blankets, 53 pairs of trousers, 53 pairs of drawers, 53 pairs of shoes, 53 pairs of socks and 37 great-coats. Also nineteen cases addressed to First Lieut. Charles L. Peirson, Twentieth Regiment Massachusetts Volunteers, a prisoner of war in Richmond, containing the following articles for distribution to Massachusetts troops, prisoners of war: 350 blankets, 350 overcoats, 700 flannel shirts, 700 pairs of socks, 700 pairs of drawers, 350 pairs of trousers, 350 pairs of shoes, 301 towels, 170 handkerchiefs.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

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U. S. FLAG-SHIP MINNESOTA, Hampton Roads, Va., December 7, 1861.

Brig. Gen. BENJAMIN HUGER, Commanding Department, &c., Norfolk, Va.

SIR: I understand that quite a number of seamen are held as prisoners by the Confederate States. My Government is holding similarly {p.156} a number of individuals, late officers of the U. S. Navy and Marine Corps avowing secession principles, who are petitioning for their release. Their names are as follows: Robert Tansill, late captain, U. S. Marine Corps; John R. F. Tattnall, late first lieutenant, U. S. Marine Corps; T. S. Wilson, late first lieutenant, U. S. Marine Corps; H. B. Claiborne, late midshipman, U. S. Navy; Hilary Cenas, late midshipman, U. S. Navy; A. D. Wharton, late midshipman, U. S. Navy; W. M. Page, late surgeon, U. S. Navy; James E. Lindsay, late assistant surgeon, U. S. Navy.

I am willing to make an equitable arrangement with you in order that these individuals may be gratified, or in other words to send them to you provided you will send to me such number of the above-mentioned seamen as may be agreed upon between us.

I am also willing that the arrangement should be extended so as to embrace Messrs. Butt and Dalton, the latter of whom it may be as well to say was as I have ascertained from letters in my possession appointed a lieutenant in the Confederate Navy so far back as last May, and while holding a commission in the Navy of the United States.

I am, very respectfully, your obedient servant,

L. M. GOLDSBOROUGH, Commanding North Atlantic Blockading Squadron.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, New York, December 7, 1861.

General L. THOMAS, Adjutant-General U. S. Army, Washington, D. C.

GENERAL: The office and duties of commissary-general of prisoners are not familiar to the service and I therefore respectfully request in order to avoid embarrassment that those who are in charge of prisoners of war, civil or military, may be notified that I have been appointed to that office and that any directions I may give in relation to prisoners may be complied with.

Very respectfully, your obedient servant,

W. HOFFMAN, Lieut. Col. Eighth Infantry, Commissary-General of Prisoners.

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WAR DEPARTMENT, December 9, 1861.

General WADSWORTH, Arlington:

The order* has been made as desired, and I hope will result in the release of Captain Ricketts.

THOMAS A. SCOTT, Acting Secretary.

* See Thomas to Dimick, p. 158.

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

Commodore GOLDSBOROUGH, Commanding North Atlantic Blockading Squadron.

SIR: I have to acknowledge the receipt of your letter of the 7th instant. I have already been instructed to say that on the release of three of the officers named by you, viz, Robert Tansill, late captain, U. S. Marine Corps, John R. F. Tattnall, late first lieutenant, U. S. {p.157} Marine Corps and T. S. Wilson, late first lieutenant, U. S. Marine Corps, a like number of U. S. officers of corresponding grade will be released by the Confederate States Government.

I will refer your letter to the proper authority and have no doubt I will be directed to consent to your proposal as regards the rest of the persons on your list. I will communicate with you as soon as I hear further on the subject. I beg to remind you that one of the naval prisoners, Master’s Mate Abbott, has been released by me on parole, expecting that some one of our citizens is to be returned in his place.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

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Joint Resolution adopted by the House of Representatives Dec. 11, 1861.

Whereas, the exchange of prisoners in the present rebellion has already been practiced indirectly, and as such exchange would not only increase the enlistment and vigor of our Army but subserve the highest interests of humanity and such exchange does not involve a recognition of the rebels as a government; therefore

Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be requested to inaugurate systematic measures for the exchange of prisoners in the present rebellion.

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WAR DEPARTMENT, December 12, 1861.

Hon. G. A. GROW, Speaker of the House of Representatives.

SIR: In answer to the resolution of the House of Representatives of the 4th instant asking what measures have been or ought to be taken to expose and punish such of the officers now on parole as were guilty of treason or cowardice in surrendering Fort Fillmore in New Mexico to an inferior force of Texas troops I have the honor to inclose a report of the Adjutant-General, which together with a copy of General Orders, No. 102, herewith furnishes all the information in the possession of the Department.

SIMON CAMERON, Secretary of War.

[Inclosure.]

HDQRS. OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, December 11, 1861.

The Honorable SECRETARY OF WAR

SIR: I have the honor to acknowledge the reference to this office of a resolution from the honorable the House of Representatives dated December 4, 1861, asking what measures have been taken or ought to be taken “to expose and punish such of the officers now on parole as were guilty of treason or cowardice” in the surrender of a “force of United States troops” under Maj. Isaac Lynde in New Mexico in July, 1861, “to an inferior force of Texas troops,” &c.

In compliance with your instructions I have the honor to report that Major Lynde was by direction of the President of the United States dropped from the rolls of the Army November 25, 1861, for the offense alluded to in the resolution. It is believed that no other officer of the command was in any way involved in the suspicion of complicity in the {p.158} offense, and the commanding officer, Major Lynde, was the only person on whom the responsibility could rest.

The resolution is herewith respectfully returned, together with a copy of General Orders, No. 102.

Respectfully submitted.

L. THOMAS, Adjutant-General.

[Sub-inclosure.]

GENERAL ORDERS, No. 102.}

HEADQUARTERS OF THE ARMY, Washington, D. C., November 25, 1861.

I. Maj. Isaac Lynde, Seventh Infantry, for abandoning his post-Fort Fillmore, N. Mex.-on the 27th of July, 1861, and subsequently surrendering his command to an inferior force of insurgents is by direction of the President of the United States dropped from the rolls of the Army from this date.

...

By command of Major-General McClellan:

L. THOMAS, Adjutant-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., December 12, 1861.

Maj. Gen. R HUGER, Commanding at Norfolk, Va.

GENERAL: I send to your care by flag of truce a quantity of clothing, &c., intended for prisoners of war at Richmond and elsewhere.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

P. S.-I am detaining the clothing furnished by the United States* until I can ascertain the location of the Federal prisoners in the South. Can you not aid me in obtaining this information?

JOHN B. WOOL, Major-General.

* It is presumed the invoice sent above, and also the one on the 5th, were furnished by State authority.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, &C., Fort Monroe, Va., December 12, 1861.

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

GENERAL: The following extract from a letter addressed to Colonel Dimick, commanding Fort Warren, Boston Harbor, an official copy of which has been furnished me by the Adjutant-General of the Army, is sent to you for your information:

Col. J. DIMICK, Commanding Fort Warren, Boston, Mass.

SIR: The General-in-Chief desires you to release, Capt. J. A. de Lagnel, now a prisoner at Fort Warren, on his parole to report himself to Major-General Wool at Fort Monroe, Va., whence he will be forwarded to Norfolk to be exchanged for Capt. J. B. Ricketts, First U. S. Artillery.

I am, very respectfully, your obedient servant,

L. THOMAS, Adjutant-General.

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

JOHN B. WOOL, Major-General.

{p.159}

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WAR DEPARTMENT, Washington, December 13, 1861.

Hon. F. P. BLAIR, Jr., Chairman Committee on Military Affairs, House of Representatives.

SIR: In answer to your communication of the 9th instant, inclosing a resolution of the House of Representatives of the 4th instant instructing the Committee on Military Affairs to inquire what change if any is necessary in the laws providing for the payment of soldiers who are held as prisoners of war, I have the honor to inclose a report of the Paymaster-General, whose views on the subject I particularly recommend to the attention of your committee.

Very respectfully,

THOMAS A. SCOTT, Acting Secretary of War.

[Inclosure.]

PAYMASTER-GENERAL’S OFFICE, December 11, 1861.

Hon. SIMON CAMERON, Secretary of War.

SIR: I have the honor to return herewith the resolution of the House of Representatives of the Thirty-seventh Congress relative to the payment of prisoners of war, and the letter of the Hon. F. P. Blair, chairman of the Committee on Military Affairs of the House, which papers have been forwarded by you to me with directions to report on the same. In obedience to those directions I would respectfully report that great complaints having been made on the subject of the non-payment of these men a plan was proposed to allow certain persons who might be considered as immediately dependent on the soldier for support to draw his pay while he was a prisoner even without a written authority from him. This plan was submitted for the approval of the President and being sanctioned by him was published as a general order of the Army. A copy of it is herewith inclosed.* It is believed that under the circumstances this is the best mode that can be devised for making these payments. There is of course a risk to the United States of making an overpayment by reason of the uncertainty whether the prisoner is still alive up to date of payment, but it is but fair that the Government should assume such risk, and it is guarded against as far as possible by requiring that one month’s pay should always be kept in arrear.

This plan is, however, beyond the strict letter of the law which requires that the creditor of the United States should receipt for all sums paid on his account or authorize their payment in writing. I would therefore respectfully recommend that Congress be requested to legalize the provisions of General Orders, No. 90, of this year, so as to protect both the United States and the disbursing officer from all future claims when the money due a soldier has been or may be paid to his family under the provisions of the order.

Another point in connection with this subject of prisoners I would respectfully call attention to. Many men of the three-months’ volunteers have been captured and are still prisoners. Their regiments have been disbanded some time, but as these men are still held as prisoners it is but just they should be considered as in the service of the United States until discharged from prison and paid accordingly. This view of their case has been adopted by this department, but as the question {p.160} has some doubt attached to it it would be perhaps advisable that Congress should specially authorize it and allow payments to be made accordingly.

BENJ. F. LARNED, Paymaster-General.

* Omitted here; see p. 121.

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613 SPRING GARDEN STREET, PHILADELPHIA, December 13, 1861.

Hon. SIMON CAMERON, Secretary of War.

SIR: A short time ago I wrote to you concerning my husband who is a prisoner of war and now held as hostage for one of the crew of the privateer Savannah. I am sorry to trouble you. I do not know whether you received my note or not but, sir, I appeal to your sympathy in this case.

Here is my husband and a number of other brave men now confined in a damp jail. As my husband writes to me he is of the firm opinion that if something is not done soon that some of these gentlemen will not be able to bear up under their weight of trouble, not being able to enjoy even a walk when the days are so clear and lovely. And those brave-hearted men went forth with strong minds to fight for their country and then taken across the Potomac without means to enable them to retreat in safety, what else could they do-meet with a watery grave as did Adjutant Harvey and Captain Otter and many others whose families are now in the greatest sorrow? Not even can they see the dead bodies of their companions and have them buried by the side of some near and dear relative, or perhaps their own children. Then what else was to be done but to be taken prisoner?

And now would it not be best to release those men called pirates and give them a chance to be good citizens once again? Probably they never would commit another crime. They have not been forgiven ninety and nine times; no, not even once have they been forgiven, which is dreadful to think of. Their families certainly are in deep sorrow at the dreadful suspense which they are kept in; days and nights of intense anxiety must prevail among all of us unhappy wives and mothers and children of those unfortunate hostages and so-called pirates. At New York I have three children, one a girl aged nearly 14 years, a son 12 and one 4 years. The one goes to school, where of course ridicule is ever ready to wound the hearts of the sensitive, and then my child comes home and cries whenever he thinks of his kind and indulgent father whom he has not seen for five months.

He left his home July 15 as Capt. Francis J. Keffer, Company H, First California Regiment, the late Col. E. D. Baker’s brigade, and was taken prisoner at Ball’s Bluff battle, October 21. He does not complain for he knows he is not the only one who is suffering, but he wishes me to appeal to you and President Lincoln in their behalf. They are without a change of clothing or money to get any with. For the sakes of those thirteen men at New York I sent my husband $10; he received it and I expect bought clothing with it. Now I have sent him $10 more with a hope that he will get it, and if I could spare it I would send $100 to him, for while he had [money] no one with him would suffer, for he would share his last dollar with them I assure you. Will you please give an answer to this if it is only a few words that I may {p.161} know that you received this. I have written to the Fourth Auditor of the Treasury Department about his pay.

Yours with respect,

MRS. A. KEFFER.

P. S.-Mr. Cameron, please let the President read this or have it read to him, and as I cannot appear in person before Congress to plead let me beg of you or some one else to plead for me and suffering humanity in this deplorable case. Do not throw this aside as of no use, but do all that lies in your power. You can show this letter to any one you choose; print it, publish it or anything, only so justice is done to the poor prisoners everywhere through the land which gave them birth.

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FORT WARREN, Boston Harbor, December 13, 1861.

Total number of officers (commissioned and non-commissioned) and men ordered to be paroled by general orders, Headquarters of the Army, Adjutant-General’s Office, Washington, November 29, 1861:
Officers (field, staff and line)10
Independent Greys, Company B, Seventh [Seventeenth] Regiment North Carolina Volunteers29
Roanoke Guards, Company D, Seventh [Seventeenth] Regiment North Carolina Volunteers40
Morris Guards, Company E, Seventh [Seventeenth] Regiment North Carolina Volunteers37
Tar River Boys, Company G, Seventh [Seventeenth] Regiment North Carolina Volunteers20
Hamilton Guards, Company I, Seventh [Seventeenth] Regiment North Carolina Volunteers17
Hertford Light Infantry, Company K, Seventh [Seventeenth] North Carolina Volunteers22
Jonesborough Guards, North Carolina Volunteers12
Washington Greys, Second Regiment North Carolina State Troops13
Lenoir Braves, North Carolina Volunteers28
North Carolina Defenders, North Carolina Volunteers22
Total250
Capt. J. A. de Lagnel paroled to report at Fort Monroe1
249

List of prisoners, commissioned officers, ordered to be paroled by general orders, Headquarters of the Army, Adjutant-General’s Office, Washington, November 29, 1861:

J. A. J. Bradford, colonel, C. S. Army; W. S. G. Andrews, major, North Carolina State Troops; W. F. Martin, colonel Seventh [Seventeenth] Regiment North Carolina Volunteers; G. W. Johnston, lieutenant-colonel Seventh [Seventeenth] Regiment North Carolina Volunteers; J. A. de Lagnel, captain, C. S. Army; L. L. Clements, captain, Seventh [Seventeenth] Regiment North Carolina Volunteers; J. T. P. C. Cohoon, captain, Seventh [Seventeenth] Regiment North Carolina Volunteers; J. C. Shannon, lieutenant, North Carolina Volunteers; C. G. Lamb, lieutenant, North Carolina State Troops; Charles H. Tyler, lieutenant-colonel, C. S. Army.

Capt. J. A. de Lagnel paroled to report to Major-General Wool at Fort Monroe, to be exchanged for Capt. James B. Ricketts, First U. S. Artillery.

J. DIMICK, Colonel First Artillery and Brevet Colonel, Commanding Post.

{p.162}

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DEPARTMENT OF STATE, Washington, December 17, 1861.

Maj. Gen. JOHN E. WOOL, Fort Monroe, Va.

GENERAL: I inclose a letter for Mr. J. P. Benjamin at Richmond which I will thank you to cause to be forwarded and to send to this Department any answer which you may receive to the same.

I am, your obedient servant,

WILLIAM H. SEWARD.

[Inclosure.]

NEW YORK, December 16, 1861.

Hon. J. P. BENJAMIN, Richmond.

MY DEAR SIR: You are aware that my firm associated with Messrs. Lord, Brady and others acted as the counsel of the privateersmen captured on the Savannah. We have been in constant communication with these prisoners The men are all well fed and well treated. The officers have a large, well-ventilated room, with fire, books, newspapers, writing materials, &c., and have at all times been allowed to spend their own money in the purchase of luxuries. During the whole period of their confinement their friends have been permitted to [make] such addition to their table as they chose and this has constantly been done. Since their trial there has been no change in the manner of their treatment. In every respect their condition as to comfort compares most favorably with that of debtors or of witnesses in confinement.

I make this statement in order to call your attention to the condition of Colonels Cogswell, Lee and others now in strict confinement under the order of the 9th of November. Their treatment is I am informed very rigorous and they are allowed none of the privileges or comforts which are afforded to the prisoners here against whom they are held. Is it not proper for me to urge that for the present at least there should be an equality of condition? The gentlemen held under the order referred to are friends of mine-Cogswell an old and valued one. I am sure you will not hesitate to modify your order so that their confinement shall not be unnecessarily harsh. The manner of their treatment cannot possibly affect the question which gave rise to the order. Relying upon your willingness to do all in your power to aid my friends,

I am, yours, very truly,

SAM’L L. M. BARLOW.

In reference to the men I understand that they have no better fare or quarters than our ordinary prisoners. The officers naturally object to the prison fare which is healthful and abundant though not luxurious. All the men are strictly confined except Harleston who is allowed to walk daily in the corridors.

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FORT WARREN, Boston Harbor, December 17, 1861.

General L. THOMAS, Adjutant-General U. S. Army, Washington.

SIR: I have the honor to report that 9 officers and 240 men, prisoners of war, left this morning in the bark Island City for Fort Monroe. Doctor Peters’ certificate will account for Lieut. C. G. Lamb being sent, Capt. J. A. de Lagnel left on the 13th to report to Major-General Wool to been exchanged for Captain Ricketts.

There may be some difference between the list heretofore forwarded and that now sent. A portion of the original list was lost. The men {p.163} have again been examined by Doctor Peters and myself to supply that portion lost and we took those most sickly.

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

J. DIMICK, Colonel First Artillery, Commanding Post.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Columbus, Ohio, December 17, 1861.

Governor WILLIAM DENNISON, Governor of Ohio.

SIR: I am authorized by the Adjutant-General of the Army to call on you for an additional company of select men to make up the guard for the depot of prisoners of war at Sandusky. I am also authorized to ask the appointment of a major to command the guard, and to fill this position I respectfully request if it meets your approbation that Mr. William S. Pierson, of Sandusky, may be appointed. From the high regard entertained of him by gentlemen in whom I have great confidence as a gentleman of the strictest integrity, an intelligent and experienced man of business, particular in administrative affairs, and from my own observation of his gentlemanly and courteous manners I feel well assured that he will fill the station in a way to meet the best interests of the service and the satisfaction of those under his charge. Mr. Pierson has no experience in military matters, nor can we expect to find one who has possessing the other necessary qualifications who is not now engaged in duties of greater or equal importance, but he has the ability and the ammunition to fit himself for all the duties of the office and we may feel quite sure there will be nothing wanting on his part.

Very respectfully, your obedient servant,

W. HOFFMAN, Lieut. Col. Eighth Infantry, Commissary-General of Prisoners.

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GENERAL ORDERS, No. 17.}

HDQRS. DEPARTMENT OF THE OHIO, Louisville, Ky., December 17, 1861.

The following extracts from the Army Regulations concerning duties in campaign are published for the information of the troops. They will be carefully studied by every officer:

ARTICLE XXXVI.

...

745. 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.

746 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.

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

...

ARTICLE XXXVI.

...

745. 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.

746 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.

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

...

By command of Brigadier-General Buell:

JAMES B. FRY, Assistant Adjutant-General, Chief of Staff.

{p.164}

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., December 17, 1861.

Flag-Officer L. M. GOLDSBOROUGH, Commanding North Atlantic Blockading Squadron.

SIR: I have referred your letter of the 7th instant to my Government and have received instructions in reply.

You state: “I understand that quite a number of seamen are held as prisoners by the Confederate States.”

I am informed that we have a number of common seamen prisoners of war whom I am authorized to release for the individuals, late officers of the U. S. Navy and Marine Corps, mentioned in your letter. Please let me know your wishes. If you prefer it my Government will propose army officers in exchange for the prisoners named by you. If you will allow Messrs. Butt and Dalton their release upon parole I will agree to send them back unless the persons agreed upon in their places are released in a reasonable time. Mr. Butt’s family are here and Mr. Dalton’s mother has left her family in Mississippi and is here hoping to see her son. You will recollect that Master’s Mate Abbott is on parole and no substitute has yet been sent for him.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding Department.

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NEAR SHEPHERDSTOWN, December 18, 1861.

Col. W. H. LINK.

SIR: I am authorized by the authorities at Richmond to say to you that if you will release my husband, Mr. R. D. Shepherd, and such persons as he may select from among those now held by you an order will be issued by the Confederate Government releasing a corresponding number of prisoners of the same rank who are now held by it. My anxiety for my husband’s release causes me to take the active part I have in this matter, and I trust that I may be as successful with you as I have been thus far. Do me the favor to let me hear from you at your very earliest convenience.

Respectfully,

MRS. R. D. SHEPHERD.

I certify that the proper authority has been obtained for the release of the above-described prisoners now held by the Confederate Government upon the arrival of Mr. Shepherd and companions.

JOS. HENDERSON, Captain, Commanding the District.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., December 19, 1861.

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

GENERAL: If convenient I would be obliged if you will send a boat on Monday next when I will have all the clothing for prisoners of war ready and designated for the prisoners at their several places of confinement. Please answer.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

{p.165}

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HEADQUARTERS DEPARTMENT OF VIRGINlA, Port Monroe, Va., December 19, 1861.

Maj. Gen. B. HUGER, Commanding at Norfolk.

GENERAL: Some friends are anxious to have Capt. John W. Sprague, Company E, Seventh Regiment Ohio Volunteers, now a prisoner in Charleston Jail, released on parole or exchanged. Can you name any person, a prisoner of the Confederate Army, who would exchange for Captain Sprague? I would consider myself greatly obliged if such an arrangement could be made.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

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HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, December 19, 1861.

Brig. Gen. W. K. STRONG, Commanding, &c., Benton Barracks.

SIR: It appears that Article XIX, Revised Regulations, is not fully understood. Enlisted men taken prisoners by the enemy and released on parole or when unfit for military service in consequence of wounds, disease or infirmity can only be discharged from the service of the United States by the major-general commanding the department.

I am, very respectfully, your obedient servant,

J. C. KELTON, Assistant Adjutant-General.

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

Maj. Gen. JOHN E. WOOL, Commanding Department of Virginia.

SIR: I have to acknowledge the receipt of your letter of the 19th instant asking the exchange of Capt. John W. Sprague, Company E, Seventh Regiment Ohio Volunteers, prisoner of war, now at Charleston, S. C. I will forward your letter to Richmond at once and have no doubt my Government will gladly comply with your request as they have always been willing to exchange prisoners of war according to the custom of all civilized nations.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General.

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U. S. FLAG-SHIP MINNESOTA, Hampton Roads, Va., December 21, 1861.

Maj. Gen. BENJAMIN HUGER, Commanding Department, &c., Norfolk, Va.

SIR: I send you herewith Mr. Hilary Cenas, late a midshipman in the U. S. Navy, in place of Acting Master’s Mate W. A. Abbott, and I trust you will receive him accordingly. On your releasing Mr. Abbott from his parole Mr. Cenas will be released by me from the pledge he has given, a copy of which accompanies this.

Agreeably to your request it affords me pleasure to say to you that Messrs. Butt and Dalton are to-day released upon parole for fifty days {p.166} with the understanding that they are to be sent back as you state unless the persons agreed upon in their place are released before the expiration of that period. Copies of the pledge Messrs. Butt and Dalton have given will also accompany this.

With regard to what you say to me in your letter of the 17th instant about the authority you had received to release the common seamen in your possession for the individuals late officers of the U. S. Navy and Marine Corps mentioned in my letter to you of the 7th instant, &c., you shall hear from me at an early moment.

I am, very respectfully, your obedient servant,

L. M. GOLDSBOROUGH, Flag-Officer, Commanding North Atlantic Blockading Squadron.

[Inclosure.]

U. S. SHIP CUMBERLAND, Newport News, Va., December 21, 1861.

I, H. H. Dalton, regarding myself as now placed upon parole for fifty days, do hereby pledge my most sacred honor not to serve in any manner directly or indirectly against the United States of America until regularly released from this obligation by the offer and acceptance of another person in my stead; and I further pledge myself not to disclose by word or otherwise nor to use in any way to the injury of the United States of America anything I may hear or see or have heard or seen while detained as a prisoner. Also I pledge myself to return and give myself up to the commanding officer of the U. S. blockading squadron at Hampton Roads at the end of fifty days from this time unless some person be given up and accepted by the Government of the United States in my stead in the manner also stated.

H. H. DALTON.

[NOTE.-Cenas and Butt each signed a similar paper.]

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HDQRS. SOUTHERN MIL. DIST., DEPT. OF NEW MEXICO, Fort Craig, December 21, 1861.

ACTING ASSISTANT ADJUTANT-GENERAL, Santa Fé, N. Mex.

SIR: I have the honor to acknowledge the receipt of the communication of the colonel commanding the department relating to an exchange of prisoners of war with Colonel Baylor and I inclose herewith my proposition for that purpose that I send by Captain Selden, who leaves to-morrow morning at daylight for the Mesilla.

My proposition will effect a better exchange than the one suggested by Colonel Canby, and I have every reason to believe it will be accepted unless Colonel Baylor has been ordered to make no exchanges. It returns to him one officer and one soldier held by me as prisoners of war for the exchange of an officer of the same grade held by him and the discharge of one soldier from his parole given as a private in the ranks.

Lieutenant Simmons has addressed to Colonel Baylor a letter urging this exchange, a copy of which I inclose with this, and this officer is quite confident that there will be no delay in effecting the exchange.

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

B. S. ROBERTS, Lieutenant-Colonel, U. S. Army, Commanding.

{p.167}

[Inclosure.]

FORT CRAIG, N. MEX., December 21, 1861.

Col. J. R. BAYLOR, Commanding Texas Forces, Arizona.

COLONEL: I am still in confinement at this post, yet I am most kindly treated and respected as far as could be expected. We have been furnished clothing, &c., by the officers of the post which makes us quite comfortable. I have been on parole during the past two weeks; can ride to the distance of some six or eight miles from the post.

A proposition has been made to me that an exchange be made of myself and one of my men for a lieutenant now on parole and a man who is now in New Mexico. I am very desirous that this proposition be complied with as I am very anxious to join my company.

Very respectfully, your obedient servant,

WILLIAM SIMMONS.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., December 22, 1861.

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

GENERAL: I inclose herewith a roll* of 249 prisoners of war forwarded to Norfolk this day by flag of truce on parole.

Very respectfully, your obedient servant,

JOHN B. WOOL, Major-General.

* Omitted.

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HDQRS. TWENTY-EIGHTH REGT. PENNSYLVANIA VOLS., Point of Rocks, Md., December 22, 1861.

Maj. R. MORRIS COPELAND, Assistant Adjutant-General.

SIR: I herewith forward a communication from J. P. Benjamin, so-called Secretary of War of the Confederate States of America, to Mrs. Sarah A. Dawson relative to the exchange of her son Arthur for Corporal Pratt, of Company A, of my regiment, an excellent soldier. If James E. Murphy, John H. Cusick, Robert Drane, Arthur Dawson, Rev. N. G. North and J. L. Orrison are sent to me at once I can have them satisfactorily exchanged for valuable soldiers of our Army. Please give me the earliest information that I can communicate the acceptance through Mrs. Dawson. Do me the favor to return the letter of the Secretary of War, as Mrs. Dawson is desirous to have it again.

Very respectfully, your obedient servant,

JNO. W. GEARY, Col. Twenty-eighth Regt. Pennsylvania Vols., Comdg. Post.

[Inclosure.]

WAR DEPARTMENT, C. S. A., Richmond, Va., December 17, 1861.

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

MADAM: I have received application for the exchange of your son, Arthur Dawson, a prisoner of war now in Fort Warren, for one Pratt, of Company A, Twenty-eighth Regiment Pennsylvania Volunteers, {p.168} now a prisoner of war in Richmond, and I understand that this proposed exchange is approved by Colonel Geary, commanding the regiment to which Pratt belongs. This Department will consent to this exchange upon the terms proposed, that is that as soon as Colonel Geary shall have your son at the Point of Rocks I will send Pratt to that place to be exchanged for him. You will have me informed immediately of the official acceptance of this proposition on the part of Colonel Geary so that the necessary arrangements on our part may be made at once.

I am, madam, respectfully, your obedient servant,

J. P. BENJAMIN, Secretary of War.

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U. S. FLAG-SHIP MINNESOTA, Hampton Roads, Va., December 23, 1861.

Maj. Gen. BENJAMIN HUGER, Commanding Department, &c., Norfolk, Va.

SIR: In reply to the part of your letter of the 17th instant to which I alluded in mine of the 21st I beg leave to suggest to you as follows:

That if you will release without pledge or parole First Lieut. William G. Jones, of the Tenth Infantry, U. S. Army, formerly of the Eighth Infantry, U. S. Army, I will release in the same way John R. F. Tattnall, late first lieutenant, U. S. Marine Corps. It may be well to mention to you that Lieutenant Jones is not a prisoner taken in any act of war as he was seized and imprisoned in Texas (where I understand he still is) by the authorities concerned with General Twiggs, late of the U. S. Army, in the beginning of hostile movements in that State.

Also that if you will release unconditionally thirty of the common seamen of whom you speak I will release in the same way either Robert Tansill, late captain, U. S. Marine Corps, William M. Page, late surgeon, U. S. Army [Navy], Walter R. Butt, late lieutenant, U. S. Navy, or H. H. Dalton, late lieutenant, U. S. Navy, and now lieutenant in the Confederate Navy, leaving the choice with yourself. Furthermore if you will so release twenty of those seamen I will in the same manner release either T. S. Wilson, late first lieutenant, U. S. Marine Corps, or James E. Lindsay, late assistant surgeon, U. S. Navy. Or if you will release ten of those seamen I will so release either H. B. Claiborne or A. D. Wharton, both late midshipmen, U. S. Navy. In all of these instances you are desired to name the individuals you prefer to receive.

I am, very respectfully, your obedient servant,

L. M. GOLDSBOROUGH, Flag-Officer, Commanding North Atlantic Blockading Squadron.

–––

HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., December 23, 1861.

Flag-Officer L. M. GOLDSBOROUGH, Commanding North Atlantic Blockading Squadron.

SIR: On Saturday evening, 21st instant, Mr. Cenas reported to me in exchange for Master’s Mate Abbott whom I hereby release from his parole and authorize you to notify him accordingly. Messrs. Butt and Dalton were also received by me on parole for fifty days, to be returned at the expiration of that time unless previously exchanged. I shall be ready to meet any propositions you may make for the release of the persons named by you in your letter of the 7th instant and such others in similar circumstances as you may offer.

{p.169}

I beg leave to return you my thanks for your prompt compliance with my request to release Messrs. Butt and Dalton on parole, and

I remain, very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

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WAR DEPARTMENT, Washington, December 24, 1861.

Maj. Gen. JOHN E. WOOL, Commanding Department of Virginia, Fort Monroe.

DEAR SIR: The Sanitary Committee desire to send medical supplies to our prisoners at Richmond. I have said to them that articles they may forward to you with funds to pay transportation from Norfolk to destination would receive prompt attention as opportunity would offer by flag of truce.

All of which is respectfully submitted.

THOMAS A. SCOTT, Assistant Secretary of War.

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QUARTERMASTER-GENERAL’S OFFICE, Washington, December 24, 1861.

Lieut. Col. W. HOFFMAN, Commissary-General of Prisoners, Sandusky, Ohio.

COLONEL: Your letter of the 13th of November inclosing the lease for the land to be occupied on Johnson’s Island for the depot of prisoners of war, also the contracts and bond for the erection of the buildings for this purpose, have been received.

By order:

Very respectfully, your obedient servant,

E. S. SIBLEY, Lieut. Col., U. S. Army, Deputy Quartermaster. General.

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SAINT LOUIS, December 25, 1861.

Brig. Gen. L. THOMAS, Adjutant-General:

I have between 2,000 and 3,000 prisoners of war. No proper building here for keeping them. If Governor of Illinois consents to use of State Prison at Alton, now nearly unoccupied, will the General-in-Chief authorize me to fit it up and use it as a military prison?

H. W. HALLECK, Major-General, Commanding.

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U. S. FLAG-SHIP MINNESOTA, Hampton Roads, Va., December 25, 1861.

Maj. Gen. BENJAMIN HUGER, Commanding Department, &c., Norfolk, Va.

SIR: I beg leave to acknowledge the receipt of your communication of the 23d instant releasing Acting Master’s Mate Abbott from his parole. As a consequence Mr. Hilary Cenas is now similarly released and you are at full liberty to notify him accordingly.

I am, very respectfully, your obedient servant,

L. M. GOLDSBOROUGH, Flag-Officer, Commanding North Atlantic Blockading Squadron.

{p.170}

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WAR DEPARTMENT, Washington, December 26, 1861.

Maj. Gen. JOHN E. WOOL, Commanding, Fort Monroe.

GENERAL: Yours of the 24th and 25th have been duly received. The Quartermaster-General has been instructed to forward clothing to you for our prisoners of war in the Southern States and will make provision for the payment of all charges for transportation. Your purpose in relation to the pay of the negroes employed for the Government at your post meets with approval of this Department, and you will therefore take such action thereon as to you may seem just and proper. As soon as possible all such arms and equipments as you may deem necessary for the supply and defense of your department will be forwarded on your requisition made upon the proper department of the Government.

I have the honor to be, very respectfully,

THOMAS A. SCOTT, Assistant Secretary of War.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., December 26, 1861.

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

GENERAL: Your communication of the 25th * instant I received last evening in which you state that you are authorized to say that on condition that Lieut. G. W. Grimes, Seventh [Seventeenth] North Carolina Regiment, now a prisoner at Fort Warren, Boston Harbor, be released in place of Lieut. I. W. Hart, Twentieth Indiana Regiment, now a prisoner of war at Richmond, Lieutenant Hart will be sent here at once and allowed to proceed. I have forwarded your communication to Washington and presume a favorable answer will be returned. In relation to the communication of Surg. Geo. Blacknall relating to a mulatto boy I have only to remark that I have no power in the case.

Hon. Alfred Ely arrived last evening with the flag of truce.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

* Not found.

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U. S. FLAG-SHIP MINNESOTA, Hampton Roads, December 26, 1861.

Maj. Gen. BENJAMIN HUGER, Commanding Department, &c., Norfolk, Va.

SIR: James W. Herty, late assistant surgeon, U. S. Navy, is this day by a written instrument, a copy of which I herewith inclose, placed on parole by me and directed to report himself to you. Will you do me the favor to acknowledge his arrival at Norfolk and the receipt of this with its accompanying paper?

With every respect, your most obedient servant,

L. M. GOLDSBOROUGH, Flag-Officer, Commanding North Atlantic Blockading Squadron.

[Inclosure.]

U. S. FLAG-SHIP MINNESOTA, Hampton Roads, Va., December 26, 1861.

I, Dr. James W. Herty, formerly of the U. S. Navy, regarding myself as now placed upon parole for fifty days, do hereby pledge my most {p.171} sacred honor not to serve in any way directly or indirectly against the United States of America until regularly released from this obligation by the offer and acceptance of another person in my stead; and I further pledge myself not to disclose by word or otherwise, nor to use in any way to the injury of the United States of America, anything I may hear or see or have heard or seen while detained as a prisoner. Also I pledge myself to return and give myself up to the commanding officer of the U. S. blockading squadron at Hampton Roads at the end of fifty days from this time unless some person be given up and accepted by the Government of the United States in my stead in the manner above stated.

JAMES W. HERTY.

–––

OFFICE COMMISSARY-GENERAL OF PRISONERS, Sandusky, December 2d, 1861.

Maj. W. S. PIERSON, Ohio Volunteers, Sandusky, Ohio.

MAJOR: Having been commissioned by the Governor of Ohio as major of the battalion of volunteers now being raised as a guard for the depot of prisoners of war on Johnson’s Island you will on the 1st proximo assume command of the depot and take all necessary measures for the organization, discipline and instruction of the companies as the men arrive. You will also as far as practicable give such assistance to the quartermaster by men on extra or daily duty as he may require in the completion of the work now in progress, being governed by Army Regulations in making the details.

Very respectfully, your obedient servant,

W. HOFFMAN, Lieut. Col. Eighth Infantry, Commissary-General of Prisoners.

–––

HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., December 29, 1861.

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

GENERAL: I send herewith by flag of truce Thomas B. Griffin, released from confinement at Fort Warren, who is permitted to go to Norfolk, Va., on his parole of honor not to bear arms against the United States. Mr. Griffin* will in the event of his being able to obtain the discharge of a Federal prisoner of equal rank consider himself released from his parole.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

* Third lieutenant, Hamilton Guards, Seventh [Seventeenth] Regiment North Carolina Volunteers.

–––

HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., December 30, 1861.

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

GENERAL: I have received your communication of the 29th* instant in which you propose to release “some 240 Federal prisoners to come by way of James River provided I will receive them in that way” and {p.172} at what time. I will receive the prisoners coming down James River at the first light-house above Newport News at 10 a.m. on any day you will designate, giving me notice the day before. I name the day before in order to prevent delay.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

* Not found.

–––

FORT WARREN, Boston Harbor, December 30, 1861.

Maj. Gen. GEORGE B. MCCLELLAN, Commanding U. S. Army, Washington, D. C.

SIR: I have the honor to request that I may be discharged from my present imprisonment and allowed to return to Virginia on my parole of honor not to take up arms or commit any act of hostility against the United States until I be exchanged or released according to the usages of war from the obligations of my parole.

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

S. BARRON, Flag-Officer, C. S. Navy.

–––

FORT WARREN, Boston Harbor, December 30, 1861.

Maj. Gen. GEORGE B. MCCLELLAN, Commander-in-Chief U. S. Army.

GENERAL: I have the honor to request that you will permit the prisoners of war, officers and men, confined in this fort taken at Hatteras to return to North Carolina upon their parole not to bear arms against the United States nor to serve against them in any military capacity whatever until discharged according to the usages of war from the obligation.

The North Carolina troops now here are: One major, 8 captains, 5 first lieutenants, 15 second lieutenants, 1 adjutant, 350 privates. Besides these I have 13 privates at Fort Columbus, New York Harbor, 2 privates at Annapolis, 2 privates on parole in New York, and 1 private at Fortress Monroe.

I also ask that the prisoners now here taken on Santa Rosa Island (1 first lieutenant, 1 second lieutenant, 23 privates) be released upon the same parole.

With highest respect,

H. A. GILLIAM, Maj. and Senior Officer Seventh [Seventeenth] Regt. Infty., N. C. Vols.

–––

HDQRS. OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, December 31, 1861.

Col. J. DIMICK, U. S. Army, Commanding Fort Warren, Boston, Mass.

COLONEL: The General-in-Chief directs that John Pegram, held as a prisoner taken in arms against the United States, be released on the following conditions: That he give his parole not to bear arms against the United States and that he will return and surrender himself at Fort Warren by the 15th of February, 1862, unless he shall procure {p.173} the release without parole of Col. O. B. Willcox, now held a prisoner in the Southern States, when he may consider himself as discharged from his parole.

I am, colonel, &c.,

L. THOMAS, Adjutant-General.

–––

ADJUTANT-GENERAL’S OFFICE, Washington, December 31, 1861.

COMMANDING OFFICER CAMP CHASE, Ohio.

SIR: It is understood that Surg, J. W. Bouse is held as a prisoner taken in arms against the United States at Camp Chase. The General-in-Chief directs that he be released on parole with the understanding that he shall be discharged from the parole if he shall procure a like discharge for Surg, J. M. Lewis, Second Wisconsin Volunteers, now on parole at Oconomowoc, Wis.

I am, sir,

L. THOMAS, Adjutant-General.

–––

HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., December 31, 1861.

Flag-Officer L. M. GOLDSBOROUGH Commanding North Atlantic Blockading Squadron.

SIR: Four officers, prisoners of war, have just reached here from Richmond, and as I have not yet received instructions in reply to your letter of the 24th [23d] instant I have forwarded them to General Wool, proposing to exchange one as heretofore agreed upon, and for the three others (two captains and one lieutenant) I propose to receive: 1. Lieutenant Dalton, late of the U. S. Navy, now on parole; 2. Capt. Robert Tansill, late U. S. Marine Corps; 3. Lieut. J. R. F. Tattnall, late U. S. Marine Corps.

I am in daily expectation of receiving full instructions concerning all the officers named in your letter of the 24th [23d]. Why not extend it to all prisoners?

Very respectfully, your obedient servant,

BENJ. HUGER, Major. General, Commanding.

–––

U. S. FLAG-SHIP MINNESOTA, Hampton Roads, January 1, 1862.

Maj. Gen. BENJAMIN HUGER, Commanding Department, &c., Norfolk, Va.

SIR: I beg to acknowledge the receipt of your favor of yesterday, and to say that I prefer to await your authorized reply to my letter of the 24th [23d] ultimo before answering that favor. I will, however, remark here that owing to the peculiar circumstances attending the case of Lieutenant Jones about whom I wrote you it would be much more satisfactory to me to receive him for Lieutenant Tattnall than the individual you suggest, or any other person of corresponding rank. I would be glad if you would observe toward me the rule of not sending {p.174} forward persons by flag of truce to be released for other named individuals until in each instance a mutual arrangement between us concerning the parties has been distinctly made and understood.

At the request of General Burnside I inclose you herewith a letter* from him concerning the release of a favorite family servant taken prisoner at Bull Run and now at Richmond. It would afford me pleasure to do anything in my power to further the general’s wishes and to be as liberal as possible in the transaction.

In a few days I will send you a list of persons who were taken on Ship Island and placed on parole by one of our naval officers and for whom it is expected an equal number of prisoners will be released by your authorities.

I am, very respectfully, your obedient servant,

L. M. GOLDSBOROUGH, Flag-Officer, Commanding North Atlantic Blockading Squadron.

* Omitted here; Burnside to Huger, December 31, Vol. II, this Series, p. 154.

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FORT WARREN, Boston harbor, January 1, 1862.

General L. THOMAS, Adjutant-General U. S. Army, Washington, D. C.

SIR: In answer to your letter* of 26th ordering Col. J. A. J. Bradford to be paroled I have the honor to report that Colonel Bradford was one of the 250 prisoners ordered to be paroled and left here on the 17th ultimo. He is now South.

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

J. DIMICK, Colonel First Artillery and Brevet Colonel, Commanding Post.

* Thomas to Dimick, December 26, Vol. I, this Series, p. 68.

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HENRICO COUNTY JAIL, Richmond, Va., January 1, 1862.

Brig. Gen. L. THOMAS, Adjutant-General, &c., Washington, D. C.

SIR: On October 28 last I had the honor to advise you that with Maj. P. J. Revere, Adjt. C. L. Peirson, First Lieut. George B. Perry and Asst. Surg. E. H. It. Revere, of my regiment, we were in this city prisoners of war. On November 14 Major Revere and myself were transferred to a cell of this prison to be held as hostages for the lives of certain privateersmen confined in New York City charged with piracy. All the officers and men of my regiment in prison here are reported to me in good health. Major Revere was slightly wounded in the leg by a musket ball on October 21 last at Ball’s Bluff. He is entirely recovered.

Very respectfully, your obedient servant,

W. RAYMOND LEE, Colonel Twentieth Regiment Massachusetts Volunteers.

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[JANUARY 1, 1862.-For General Orders, No. 1, Department of the Missouri, relating to the custody, disposition of prisoners, &c., see Vol. I, this Series, p. 247.]

{p.175}

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DEPARTMENT OF STATE, January 2, 1862.

[MEMORANDUM.]

General McClellan, as soon as he learns satisfactorily that the 250 prisoners are exchanged (already provided for), will take measures for the release and exchange of 500 more, including all the prisoners of war taken at Hatteras.

WILLIAM H. SEWARD.

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HOUSE OF REPRESENTATIVES, Washington. January 2, 1862.

Hon. SIMON CAMERON, Secretary of War:

List of officers in the South recommended by the Hon. Alfred Ely to be released when our Government releases from our custody a corresponding number from Fort Warren or elsewhere:

Capt. William Manson, Seventy-ninth Regiment New York State Militia; Capt. John W. Sprague, Seventh Regiment Ohio Volunteers; Capt. Hugh McQuaide, Thirty-eighth Regiment New York State Volunteers; Captain Shillinglaw, Seventy-ninth Regiment New York State Militia; Capt. Mortimer Griffin, Eighth Regiment New York State Militia; Capt. Ralph Hunt; First Lieut. John W. Dempsey, Second Regiment New York State Militia; First Lieut. Thomas S. Hamblin, Thirty-eighth Regiment New York State Volunteers; First Lieut. Robert Campbell, Seventy-ninth Regiment New York State Militia; First Lieut. Simon B. Preston, Fourth Regiment Michigan Volunteers; First Lieut. Isaac W. Hart; Second Lieut. Edmund Connolly, Sixty-ninth Regiment New York State Militia; Second Lieut. William Booth, Second Regiment Wisconsin Volunteers; Private Frank W. Welch, colored servant, free, and 249 more privates.

Mr. Ely would suggest to the Department that the above officers and 250 privates be released in ten days. The officers of corresponding rank to those above named should be released on parole of twenty or thirty days upon the condition that they secured the release of the officers above designated. To do this Colonel Dimick, at Fort Warren, must be instructed accordingly. I think the Confederates will respond to this installment. Will the Adjutant-General do me the favor to place Frank W. Welch, colored servant but a free man who is above named, on the list to be returned home with the other privates? He was a servant in a Connecticut regiment.

Yours, truly,

ALFRED ELY.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., January 2, 1862.

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

GENERAL: The following-named officers arrived here on the evening of the 31st ultimo by flag of truce from Norfolk:

Lieut. I. W. Hart, Twentieth Indiana Volunteers; Captain Shillinglaw, Seventy-ninth New York Volunteers; Captain Manson, Seventy-ninth New York Volunteers; Lieut. William Dickinson, Third Regiment Infantry; also one enlisted man of the Seventy-ninth New York Volunteers.

In relation to the exchange of officers belonging to the Navy and the Marine Corps I must refer you to the flag-officer, L. M. Goldsborough.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

{p.176}

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., January 2, 1862.

Maj. Gen. J. E. WOOL, Commanding Department of Virginia.

SIR: In reply to your letter of the 20th [19th] ultimo asking the exchange of Capt. John W. Sprague, Company B, Seventh Regiment Ohio Volunteers, a prisoner of war at Charleston, S. C., I am authorized to offer Captain Sprague for Capt. Lucius J. Johnson, Seventh [Seventeenth] North Carolina Volunteers, taken at Hatteras and now at Fort Warren. Captain Sprague has been ordered to report to me and I will forward him to you when he arrives.

I am instructed to say to you that it is believed all the officers captured at Hatteras have been released upon parole or exchanged except First Lieut. John W. Poole, Second Lieut. Jas. T. Lasselle, Third Lieutenant Allen, and to inquire of you whether this exception is intentional or not and if you would be willing to exchange them for officers of like grade.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commending Department.

[Indorsement.]

HEADQUARTERS DEPARTMENT OF VIRGINIA, &C., Fort Monroe, Va., January 3, 1862.

Respectfully forwarded for the information of the War Department.

JOHN E. WOOL, Major-General.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, January 2, 1862.

Flag-Officer L. M. GOLDSBOROUGH, Commanding North Atlantic Blockading Squadron.

SIR: I have received further instructions * in reply to your letter of the 23d ultimo.

1. Lieut. William G. Jones, Tenth U. S. Infantry, is released on parole and will report as soon as practicable and I beg he may be received in place of Lieutenant Sayre, of the C. S. Marine Corps, who is now on his parole. I must remark that Lieutenant Jones was not taken prisoner previous to the declaration of war but was captured with others by General Earl Van Dorn.

2. For Dr. R. D. Lynde, assistant surgeon, U. S. Army, now on parole, whom you are hereby authorized to release on your releasing from his parole Dr. James W. Herty, late assistant surgeon, U. S. Navy, whom you sent to me some days ago.

3. Your proposition to exchange individuals late officers in the U. S. Navy and Marine Corps for seamen cannot be entertained on the scale fixed by you.

4. I am instructed to inform you that this Government has released within the last six months some 40 or 50 seamen (at least) taken on merchant vessels of the United States, considering them as non-combatants, and have sent them to the United States at the expense of this Government. I released four and sent them to Fort Monroe on the 31st {p.177} December. I wish to know if this is to be reciprocated and shall act accordingly. I inclose you a list** of seamen captured on unarmed vessels now known to be confined in Fort Warren; there may be others and I leave it to you to say if they should not be released unconditionally.

I inclose herewith the petition** of several of the prisoners asking the exchange of Captain Shillinglaw, Seventy-ninth New York Volunteers, whom I sent down on the 31st ultimo in place of Mr. Dalton, late lieutenant, U. S. Navy.

I expect soon to be authorized to name some other captain in place of Mr. Butt, late lieutenant U. S. Navy, and other officers of the Army in place of others of our citizens now held in confinement.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding Department.

* Benjamin to Huger, December 29, p. 764.

** Not found.

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HDQRS. OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, January 3, 1862.

Maj. Gen. N. P. BANKS, U. S. Army, Commanding, &c., Frederick, Md.

SIR: The General-in-Chief is much gratified at the reports of Col. John W. Geary of December 21 and 22 by which it appears that he has arranged for the exchange of several of our men held prisoners in Virginia. Orders have been sent to Colonel Dimick to forward to you J. E. Murphy, J. H. Cusick, R. Drane, A. Dawson, B. D. Shepherd and J. L. Orrison, whom you are requested to send to Colonel Geary to be exchanged as he proposes. The Rev. Mr. North has been released in exchange for one chaplain, the Rev. Mr. Mines. I return herewith as desired by Colonel Geary the letter of J. P. Benjamin that it may be sent to Mrs. Dawson again.

I am, sir, &c.,

L. THOMAS, Adjutant-General.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., January 3, 1862.

Flag-Officer L. M. GOLDSBOROUGH, Commanding North Atlantic Blockading Squadron.

SIR: I duly received your letter of the 1st instant last evening. By my letter of yesterday you will see that Lieut. W. G. Jones has been ordered on. I will with pleasure observe your request as to agreeing upon the individuals beforehand to be exchanged. The discrepancies that occurred with the last sent were owing to the failure of the mail. The passengers came and the letters did not. Four officers arrived without any instructions and I sent them off at once with my letter of the 31st ultimo. I duly received the note of General Burnside forwarded by you. I inclose a communication for him * which I leave open for your inspection, and beg the favor of you to deliver it to him.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

{p.178}

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ADJUTANT-GENERAL’S OFFICE, U. S. Army, Washington, January 4, 1862.

Maj. Gen. J. A. DIX, Commanding, &c., Baltimore, Md.:

Of the 250 released prisoners from Fort Monroe discharge all of the three-months’ men. Give orders to others to report in person to their Governors.

L. THOMAS, Adjutant-General.

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HDQRS. SOUTHERN MIL. DIST., DEPT. OF NEW MEXICO, Fort Craig, January 4, 1862.

ACTG. ASST. ADJT. GEN., DEPT. OF NEW MEXICO, Fort Craig.

SIR: I have the honor to report that on the 20th December I accredited Capt. H. R. Selden, of the Fifth Infantry, as bearer of a flag of truce to the commanding officer of the Confederate forces in the Mesilla to negotiate an exchange of prisoners of war, proposing to exchange Lieut. William Simmons, of the Confederate Army, for Lieut. Pedro Losalla, of the Second New Mexican Volunteers, and Private James Wilson, captured with Lieutenant Simmons, for the release of the parole of Private William Leamy, of Company I, Mounted Riflemen. As Lieutenant Losalla had denied his official connection with the New Mexican volunteers, joined the Texans and declined to be exchanged Lieutenant Medina, captured by the Texans with Captain Minks, was sent to me in the place of Lieutenant Losalla and the parole of Private Leamy canceled.

Inclosed herewith are copies of the correspondence.

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

B. S. ROBERTS, Colonel of Volunteers, Commanding.

[Inclosure. No. 1.]

HDQRS. SOUTHERN MIL. DIST., DEPT. OF NEW MEXICO, Fort Craig, December 20, 1861.

COMMANDING OFFICER OF THE CONFEDERATE FORCES IN THE MESILLA.

SIR: I have the honor to accredit to you Capt. H. R. Selden, of the Fifth Infantry of the U. S. Army, as the bearer of a proposition to exchange two prisoners.

I hold Lieut. William Simmons and Private James Wilson, who were captured on the Jornada by my pickets on the 5th of November, 1861. They claim to belong to your forces and I propose to exchange Lieutenant Simmons for Lieut. Pedro Losalla, who is reported to me to be held by you as a prisoner of war. They are of the same rank, Lieut. Pedro Losalla being a second lieutenant of a regularly constituted company of New Mexican volunteers in the service of the United States serving under my orders. After the surrender of Major Lynde to your forces on July 27, 1861, a private of Company I of the Mounted Riflemen was paroled by you, and I propose his exchange for Private James Wilson, captured with Lieutenant Simmons and now held by me. If you send by Captain Selden Lieut. Pedro Losalla and the release of Private William Leamy, of Company I, Mounted Riflemen, from his parole and such escort as you deem sufficient for the safe return of {p.179} Lieutenant Simmons and Private Wilson they will be returned to report to you with my safeguard for their protection. This exchange is suggested by motives of humanity toward the prisoners concerned, who have greatly suffered already from the misfortunes of this disastrous and unnatural war, and with a sincere desire on my part to abate its rigors and suffering.

When Captain Selden’s negotiation with you is completed you will be pleased to give him such safeguard under the customs of war as will return him to these headquarters without molestation from your forces.

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

B. S. ROBERTS, Colonel of Volunteers, Commanding.

[Inclosure No. 2.]

HDQRS. SECOND REGIMENT MOUNTED RIFLEMEN, Mesilla, December 25, 1861.

Lieut. Col. B. S. ROBERTS, U. S. Army, Commanding Fort Craig, N. Mex.

COLONEL: Your communication proposing an exchange of prisoners has been received and referred to Brig. Gen. H. H. Sibley, C. S. Army, who directs that the proposed exchange be made.

The lieutenant (Losalla) referred to in your communication denies all connection with the Army of the United States and declines returning with Captain Selden. Actuated by the same notions of humanity so laudably influencing yourself I propose to substitute Lieutenant Medina for Lieutenant Losalla in said exchange. As Lieutenant Medina is a first lieutenant in your Army I cannot doubt but that your humanity will induce you to agree to the proposed substitution. Lieutenant Medina will therefore accompany your flag on its return to Fort Craig.

Lieutenant Hunter who accompanies Captain Selden, the bearer of your flag, will await any communication from you at the Loaguna. Inclosed you will find a release of parole of Private Wilson, Regiment Mounted Riflemen, U. S. Army, who is now in New Mexico, as an exchange for any private of the C. S. Army taken prisoner with Lieutenant Simmons.

JNO. R. BAYLOR, Colonel Commanding Second Regiment Mounted Rifles, C. S. Army.

[Sub-inclosure.]

HDQRS. SECOND REGT. TEXAS MOUNTED RIFLEMEN, Mesilla, December 25, 1861.

Private - Wilson, Regiment Mounted Riflemen, U. S. Army, is hereby released from parole in exchange for a private of the C. S. Army who was taken prisoner with Lieutenant Simmons.

JNO. R. BAYLOR, Colonel Commanding Second Regt. Mounted Riflemen, C. S. Army.

[Inclosure No. 3.]

HDQRS. SOUTHERN MIL. DIST., DEPT. OF NEW MEXICO, Fort Craig, December 28, 1861.

COMMANDING OFFICER OF THE CONFEDERATE FORCES IN THE MESILLA.

SIR I have the honor to acknowledge the receipt of a communication from Colonel Baylor accepting under your directions my proposition for an exchange of certain prisoners of war brought to me by {p.180} Captain Selden, of the U. S. Army, and to inform you that I accept the exchange of Lieutenant Medina as proposed by you in the place of Lieutenant Losalla. Lieutenant Simmons has accordingly been sent to report to Lieutenant Hunter who will have my safeguard to pass to your lines.

By referring to my letter proposing this exchange you will see that I asked “the release of Private William Leamy, of Company I, Mounted Riflemen, from his parole” as an exchange for Private James Wilson, captured with Lieutenant Simmons and held by me as a prisoner of war. You have, however, sent to me the release from his parole of Private - Wilson, of Company I, Mounted Riflemen. Not doubting, however, that you intended in good faith to release Private Leamy in conformity with my proposition I also send Private James Wilson to report to you as an exchanged prisoner. Should the opportunity offer itself for you to send me a more formal release of Private William Leamy from his parole it will be more satisfactory and more in conformity with usage of war in exchanging prisoners and of the exact observance of the faith of negotiations under flags of truce.

Your courtesy to Captain Selden and his party calls for my acknowledgment and assures me that the comities of official intercourse will be held by you in strict and sacred regard.

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

B. S. ROBERTS, Colonel, U. S. Army, Commanding.

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U. S. FLAG-SHIP MINNESOTA, Hampton Roads, January 5, 1862.

Maj. Gen. BENJAMIN HUGER, Commanding Department, &c., Norfolk, Va.

SIR: I beg to acknowledge the receipt of your communications of the 2d and 3d instant together with papers accompanying the former.

Before replying to that of the 2d instant definitely it is necessary for me to bespeak your patience until I can consult the Navy Department at Washington. On hearing from there, however, you may be assured that I will write to you without delay.

I avail myself of the occasion nevertheless to say to you that to the extent of my authority you will ever find me willing to respond affirmatively to any feasible suggestion you may make to relieve the sufferings of prisoners or to effect their release.

I may add with perfect confidence that my Government will not permit itself to be outdone in either justice, humanity or generosity.

Your letter to General Burnside has been forwarded to him.

Very respectfully, your obedient servant,

L. M. GOLDSBOROUGH, Flag-Officer, Commanding North Atlantic Blockading Squadron.

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NEW YORK, N. Y., January 5, 1862.

ADJUTANT-GENERAL U. S. ARMY, Washington, D. C.

SIR: If as I suppose to be the case Col. O. B. Willcox is held by the Confederate Government as one of the hostages for the privateersmen {p.181} I am quite sure I shall not be able to effect his release. I write therefore to learn from General McClellan whether if I fail to obtain the release of Colonel Willcox I cannot be absolved from my parole by sending the discharge from his parole of Bvt. Lieut. Col. I. V. D. Reeve, or by obtaining the release of a number of privates U. S. Army now held prisoners of war by the Confederates. Please send me an immediate reply to Barnum’s Hotel, Baltimore.

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

JNO. PEGRAM, Lieutenant-Colonel, Provisional Army, C. S.

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SENATE, January 6, 1862.

Hon. S. CAMERON, Secretary of War.

SIR: Will you please send me the formal consent of the Department to the exchange mentioned in General Wool’s letter, or if you prefer send to General Wool direct.

Captain Sprague is a gallant officer and is worth any ten traitors in our possession.

The arrangement has the assent of the President.

With great respect,

JOHN SHERMAN.

[Inclosure.]

HEADQUARTERS DEPARTMENT OF VIRGINIA, &C., Fort Monroe, January 3, 1862.

Hon. JOHN SHERMAN, U. S. Senator, Washington, D. C.

My DEAR SIR: Herewith you will receive the copy of a letter* from Maj. Gen. B. Huger at Norfolk by which you will perceive that agreeably to your request I have effected a change of prisoners, viz: Capt. John W. Sprague for Capt. Lucius J. Johnson, Seventh [Seventeenth] North Carolina Regiment. Captain Sprague will be here in a day or two. I hope you will be able to obtain the assent of the War Department for the release of Captain Johnson, for which purpose I send you General Huger’s letter which you will please to submit accordingly.

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

JOHN E. WOOL, Major-General.

* Omitted here; Huger to Wool, January 2, ante.

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HDQRS. OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, January 6, 1862.

Col. J. DIMICK, U. S. Army, Commanding Fort Warren, Boston, Mass.

SIR: The General-in-Chief directs that you release Capt. Lucius J. Johnson, of North Carolina, held as a prisoner taken in arms against the United States, who will be exchanged for Capt. John W. Sprague, Seventh Regiment Ohio Volunteers, held a prisoner at Charleston, S. C., according to agreement with General Huger.

I am, sir, &c.,

L. THOMAS, Adjutant-General.

{p.182}

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DEPARTMENT OF STATE, Washington, January 7, 1862.

Maj. Gen. GEORGE B. MCCLELLAN, Washington.

GENERAL: I will thank you to inform me if Col. Michael Corcoran, of the Sixty-ninth Regiment of New York State Militia, who was taken prisoner at Bull Run and has ever since been held as such could if unconditionally discharged and sent to Norfolk be with propriety accepted in exchange for William Smith who has recently been convicted of piracy at Philadelphia.

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

WILLIAM H. SEWARD.

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[JANUARY 7, 1862.-For McClellan to Burnside, authorizing the latter to exchange prisoners, see Series I, Vol. IX, p. 352.]

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HDQRS. OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, January 7, 1862.

Col. J. DIMICK, U. S. Army, commanding Fort Warren, Boston, Mass.

SIR: By direction of the General-in-Chief the inclosed letter* is referred to you (which you will please return to this office) to aid you in effecting an exchange of the prisoners taken in arms against the United States now at Fort Warren for a like number of our prisoners now detained in the Southern States. You are authorized to send any who are willing to accept the terms to Fort Monroe on their parole to return within say six weeks unless they succeed in effecting an exchange; in order that a strict account may be kept let there be an understanding before they depart so far as it can be arranged for what particular person belonging to the U. S. Army. Each of the prisoners released by us will try to effect an exchange, and let them report under a flag of truce the names of our prisoners who may be exchanged for each one released by us. Of course when an exchange is effected it is understood that the persons on each side exchanged are exonerated from their parole.

The following prisoners of ours confined in the South are particularly mentioned for exchange: Captain Withington, First Michigan Volunteers; First Lieut. S. B. Preston, Fourth Michigan Volunteers; Lieut. M. A. Parks, First Michigan Volunteers. The latter is understood to have a special promise of release whenever a prisoner in our hands of like grade is given up.

I am, colonel, &c.,

[L. THOMAS,] Adjutant-General.

* Omitted here; Thomas to Halleck January 7, Vol. I, this Series, p. 69.

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COMMITTEE ON MILITARY AFFAIRS, House of Representatives, January 7, 1862.

Hon. SIMON CAMERON, Secretary of War.

DEAR SIR: A bill has been referred to this committee providing for the sending by the Government of supplies of clothing and other necessaries {p.183} to our soldiers who are now prisoners. I am instructed by the committee to ask of you what legislation if any is necessary on that subject.

Most respectfully, your obedient servant,

W. M. DUNN.

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FORT WARREN, Boston Harbor, January 7, 1862.

General L. THOMAS, U. S. Army, Adjutant-General, Washington, D. C.

SIR: I have to report that James E. Murphy, John H. Cusick, Robert Drane, Arthur Dawson and J. L. Orrison, prisoners, left yesterday in charge of Lieut. I. F. Hoyt, First Battalion Massachusetts Volunteers, for Frederick, Md., to report to Major-General Banks. R. D. Shepherd has never been at this station. I forward a list* of prisoners of war now here.

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

J. DIMICK, Colonel First Artillery and Brevet Colonel, Commanding Post.

* Omitted.

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Resolution adopted by the House of Representatives January 8, 1862.

Resolved, That the President of the United States be requested to communicate to this House what if any steps the Executive Department has taken for the systematic exchange of prisoners.

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DEPARTMENT OF STATE, Washington, January 8, 1862.

Maj. Gen. GEORGE B. MCCLELLAN, Washington.

GENERAL: Your letter of this date has been received. I will thank you to instruct General Wool to inquire of General Huger whether Colonel Corcoran will be exchanged for William Smith, convicted of piracy at Philadelphia.

I am, your obedient servant,

WILLIAM H. SEWARD.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, January 8, 1862.

Brig. Gen. L. THOMAS, Adjutant-General U. S. Army, Washington, D. C.

SIR: Inclosed herewith I have the honor to transmit a list* of Federal prisoners released from Richmond, Va., on the 4th instant and forwarded to Baltimore same date.

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

JOHN E. WOOL, Major-General.

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HDQRS. TWENTY-EIGHTH REGT. PENNSYLVANIA VOLS., January 8, 1862.

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

MADAM: I have now in my charge from Fort Warren five prisoners of war whom I am prepared to exchange at once for Corpl. Beriah {p.184} Pratt, taken at Bolivar, and Privates August Williams and Jesse K. Pryor, taken at Berlin, all of my regiment, and for any two other soldiers belonging to General Banks’ division of the U. S. Army. The names of those I propose to exchange are James E. Murphy, Arthur Dawson, John H. Cusick, Robert Drane, J. L. Orrison.

In compliance with your wish with regard to your son, Arthur Dawson, and offer to communicate with the proper officers having authority in exchange of prisoners I forward this proposition to be acted upon collectively and as soon as possible. The conditions are that the exchange will be complete without any disqualifications.

Very respectfully,

JNO. W. GEARY, Colonel Twenty-eighth Regiment Pennsylvania Volunteers.

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QUARTERMASTER-GENERAL’S OFFICE, Washington, January 9, 1862.

Hon. SECRETARY OF WAR:

Indorsement on letter of Capt. Grier Tallmadge, Fort Monroe, Va., January 5, 1862, calling attention to the enormous freights paid on clothing to our prisoners in Southern cities:

Respectfully referred to the Secretary of War. I presume that the only mode of getting the clothing to our unfortunate prisoners is to submit to this tax upon humanity. If it is known that they are to be released it will be well to retain the clothing; if not it had better go forward.

M. C. MEIGS, Quartermaster-General.

M. C. MEIGS, Quartermaster-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., January 9, 1862.

Brig. Gen. L. THOMAS, Adjutant-General U. S. Army.

GENERAL: Capt. J. W. Sprague, Seventh Ohio Volunteers, will hand you this communication. He is on parole until Capt. Lucius J. Johnson can be exchanged for him or released. This is according to the understanding between General Huger and myself. I hope therefore you will as soon as convenient release Captain Johnson which will release Captain Sprague from his parole.

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

JOHN E. WOOL, Major-General.

–––

WASHINGTON, January 9, 1862.

Major-General MCCLELLAN.

MY DEAR GENERAL: In the great pressure for engineer officers I have been and am much disturbed at the loss of the services by capture of two good officers of the corps-namely, Captain Prime and Lieutenant Merrill; the former more valuable than all from maturity of judgment and much military experience; the latter as all tell me a young man of fine endowments and with much vigor and enterprise of character. Assured of your interest in their particular branch as well as of your devotion to the welfare of the general military service I do not trouble you with this note in any fear that you do not sufficiently appreciate these men. I should now therefore as heretofore be silent {p.185} as to the matter had I not seen yesterday Captain Hunt (Kentucky Volunteers), a returned prisoner who was confined with Lieutenant Merrill at Richmond, and brought a verbal message to me that he believed the enemy would readily give him up in exchange. Having this message to communicate I take the opportunity to express the hope that you will excuse my suggesting that if exchanges are to be made all our interests seem to be concerned in getting back as soon as may be these two officers.

...

Heartily rejoiced at your recovery, and with true wishes for a long and glorious and, above all, a happy life,

I am, very respectfully and truly, yours,

J. G. TOTTEN, [Chief of Engineers.]

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ADJUTANT-GENERAL’S OFFICE, Washington, January 9, 1862.

Lieut. Col. WILLIAM HOFFMAN, Eighth Infantry, Sandusky, Ohio.

SIR: The Surgeon-General suggests that you be authorized to employ a private physician in accordance with the regulations on that subject to attend the troops and prisoners at Sandusky, Ohio. Authority is hereby given accordingly.

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

L. THOMAS, Adjutant-General.

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HDQRS. OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, January 9, 1862.

Lieut. Col. J. PEGRAM, Barnum’s Hotel, Baltimore, Md.

SIR: In reply to your letter of the 5th instant I have to say it is hoped you may effect the release of Col. O. B. Willcox. If you fail in this perhaps you may effect an exchange for Bvt. Lieut. Col. J. V. Bomford, Sixth Infantry, now in Texas.

I am, sir, &c.,

L. THOMAS, Adjutant-General.

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HEADQUARTERS SAINT LOUIS DISTRICT, Saint Louis, Mo., January 9, 1862.

Colonel TUTTLE, Commanding Second Iowa Volunteers, McDowell’s College, Corner of 8th and Gratiot Streets.

COLONEL: By direction of Major-General Halleck the whole subject of the custody of the prisoners of war and of the internal police of the place of their confinement as well as provisioning them is hereby placed under your charge. In the matter of their provisions the existing arrangements seem to be satisfactory. In regard to the police you will divide them into squads, say twenty or more, each under a chief selected from among themselves by election or of your appointment as you may deem expedient. I would recommend you would place this whole matter of police under one of your field officers, say the lieutenant-colonel. Requisitions for the necessary implements such as brooms in limited numbers should and will be approved at these headquarters. It is of Primary importance to the health of the prisoners that care should be {p.186} taken so far as circumstances permit that opportunity be offered to the prisoners to wash themselves. You will please give your attention to this. Any articles of clothing friends of prisoners may desire to furnish them will be allowed provided no mark is put upon them, and to secure this you will yourself or by some officer detailed by you for this duty cause the same to be inspected and will pass only such articles as may be in your opinion of prime necessity, excluding articles of luxury or ornament. That this may not be misunderstood I would say the prisoners could receive any article of clothing usually provided for soldiers, also combs and brushes. Should tobacco and pipes be offered it will not be conveyed to any individual but will be regarded as common stock and be divided among the prisoners generally. Should it be necessary to issue articles of clothing to the prisoners the surgeon in charge of the prisoners and the surgeon and assistant surgeon of your regiment will be constituted a board to decide what may be necessary. A list of the articles so issued will be kept, designating the parties to whom delivered, and their receipt for the same will be taken. In regard to the sick every proper facility will be afforded to the surgeon in charge in the matter of sending for necessary supplies, &c. As to their diet the same will be given to them as is given to U. S. sick in hospitals, and to this end the surgeon will make the necessary requisitions on the medical director to be approved at these headquarters for what may be necessary. If there are any dangerously ill they will if the surgeon deems it expedient be sent to the nearest general hospital designated by the medical director. In this case the prisoners will be required to give or rather sign a parole not to attempt to escape while this privilege is accorded to them under the penalty of death for its violation. Hospital attendants for the sick prisoners will be detailed from the general prisoners. A proper respect will be required from the prisoners whenever they are visited by officers charged with inspecting them. They will be informed that when the order “all attention” is given each one should stand in the position of a soldier until the inspecting officer has passed.

It is understood that a charge is made by the colored prisoners of war for washing. This they will be required to do as prisoners of war without remuneration. On the other hand there is no reason why under proper guard the white prisoners should not bring in fuel, &c. Measures will be taken as soon as practicable to provide a place in front of the prison where the prisoners may take exercise when the weather permits. No passes will be recognized not signed by Major-General Halleck or the undersigned. Any suggestion you may have to make on the subject of the care and custody of the prisoners will be gladly received. On the other hand frequent inspections will be made by the general commanding the district or by a staff officer detailed by him for the purpose to see that the spirit of these regulations are carried out.

Very respectfully, your obedient servant,

SCHUYLER HAMILTON, Brig. Gen. of Vols., U. S. Army, Comdg. Saint Louis District.

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BALTIMORE, January 9, 1862.

Adjutant-General THOMAS:

The Richmond prisoners this morning left here for Washington under charge of Lieutenant Wells with orders to report to you.

WM. H. LUDLOW, Major and Aide-de-Camp.

{p.187}

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WHEELING, January 9, [1862].

Capt. G. L. HARTSUFF, [Assistant] Adjutant-General.

SIR: I have the honor to inclose a list * of prisoners of war now at Camp Chase, Ohio, captured in arms against the United States Government and subject to exchange for those of our troops taken by the rebels in Western Virginia.

I presume that arrangements can be made by the proper Department at Washington City for the exchange, or it might be advisable to effect it through a flag of truce sent to Winchester or some other post in Virginia in possession of the rebels.

Very respectfully, your obedient servant,

JOSEPH DARR, JR., Major First [West] Virginia Cavalry, Provost-Marshal.

* Omitted.

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WHEELING, January 9, [1862].

Capt. G. L. HARTSUFF, [Assistant] Adjutant-General.

SIR: The list of prisoners for exchange comprises two first lieutenants, one second lieutenant and ninety-two privates.

Second Lieutenant Hurt, of the Pittsylvania Cavalry, informed me at Camp Chase that he felt confident his connections in Virginia had influence enough with the rebel leaders at Richmond to effect his exchange for Lieutenant Merrill, captured at Cheat Mountain.

Very respectfully, your obedient servant,

JOSEPH DARR, JR., Major First [West] Virginia Cavalry, Provost-Marshal.

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NAVY DEPARTMENT, Washington, January 10, 1862.

Col. E. D. TOWNSEND, Assistant Adjutant-General, U. S. Army:

I transmit herewith dispatch No. 124 of Flag-Officer Goldsborough with its inclosure* from General Huger and invite your attention to so much of it as relates to the release of army officers. When you return the papers will you please to inform me what answer I shall make to Flag-Officer Goldsborough in reply to his inquiry respecting Lieut. W. G. Jones and Assistant Surgeon Lynde of the Army.

I am, respectfully,

GIDEON WELLES.

* Reference to Huger to Goldsborough, January 2, p. 176.

[Inclosure.]

No. 124.]

U. S. FLAG-SHIP MINNESOTA, Hampton Roads, Va., January S. 1862.

Hon. GIDEON WELLES, Secretary of the Navy, Washington, D. C.

SIR: I have the honor to forward herewith a copy of a letter dated the 2d instant from General Huger, together with copies of the papers it contained.

As I know nothing about the case of Lieutenant Sayre, of the C. S. Marine Corps’, nor that of Dr. R. D. Lynde, assistant surgeon, U. S. Army, I beg to ask if I am at liberty to accept the propositions concerning them.

{p.188}

The propositions I made and about which I informed the Department concerning the release of officers for seamen are not it seems acceptable.

The idea suggested in the twelfth paragraph of General Huger’s letter that seamen captured on board unarmed vessels should be regarded as non-combatants and therefore should not be held as prisoners but on the contrary released at once strikes me as being just and humane and in full accord with the present demands of civilization.

It is certainly true that as he states a number of our seamen have been released, and not [to] be outdone in generosity might we not act likewise in regard to all those similarly situated belonging to the enemy?

If there be no objection on the part of the Department I will agree to receive Captain Shillinglaw for Mr. Dalton, and hereafter as mentioned by General Huger some other captain in place of Mr. Butt. Captain Shillinglaw I believe was sorely wounded at Bull Run and his health I am told is delicate. He is now on parole and passed here on his way north a few days ago.

I am, very respectfully, your obedient servant,

L. M. GOLDSBOROUGH, Flag-Officer North Atlantic Blockading Squadron.

[Pencil indorsement.]

The suggestion that seamen taken on merchant vessels for running the blockade, &c., should be released and not treated as prisoners of war is I believe the general policy.

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HDQRS. OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, January 10, 1862.

Col. J. DIMICK, U. S. Army, Commanding Fort Warren, Boston, Mass.

SIR: The following exchanges of prisoners having been proposed by General Huger are with the concurrence of the Navy Department assented to and the General-in-Chief directs that you release the prisoners named who are under your charge, sending them in the usual manner to General Wool at Fort Monroe to be forwarded to Norfolk, Va.: For lieutenant Twentieth Indiana Regiment [Isaac W. Hart], already released on parole, Lieut. G. W. Grimes, Seventh [Seventeenth] North Carolina Volunteers; for Captain Shillinglaw, Seventy-ninth New York, already released, Lieutenant Dalton, late U. S. Navy; for Captain Manson, Seventy-ninth New York, Captain Tansill, late U. S. Marine Corps; for Capt. William Dickinson, Third U. S. Infantry, already released, Lieut. J. R. F. Tatnall, late U. S. Marine Corps.

I am, sir, &c.,

L. THOMAS, Adjutant-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, January 10, 1862.

Maj. Gen. BENJAMIN HUGER, Commanding at Norfolk.

GENERAL: In reply to your letter of the 2d instant relating to Mr. Gallagher* I would remark that it is my intention to either release him {p.189} or let him pass on his parole. So much of the same communication as relates to the exchange of Capt. J. R. Laurens, of Massachusetts, and Mr. Cuthbert, of South Carolina, has been submitted to the proper authorities for their consideration. In regard to the exchange or release of the remaining officers captured at Hatteras I presume their detention is unintentional and that Adjt. John W. Poole, Lieut. James T. Lasselle and Lieutenant Allen will be exchanged for officers of like grade. I would propose for exchange the names of Maj. and Bvt. Lieut. Col. J. V. Bomford, Sixth Infantry; Capt. Z. R. Bliss, Eighth Infantry; First Lieut. W. G. Jones, Tenth Infantry; First Lieut. J. J. Van Horn, Eighth Infantry; First Lieut. R. T. Frank, Eighth Infantry, now detained as prisoners in Texas, all of whom if released on parole I have no doubt would procure the exchange of a similar number of Southern officers of like rank now in charge of the Federal Government. I would propose in the same way the exchange of the men of the Eighth Infantry now in Texas. If Lieutenant Allen, Lieutenant Lasselle and Adjutant Poole, now at Fort Warren, are of the same rank as First Lieut. W. G. Jones, First Lieut. J. J. Van Horn and First Lieut. R. T. Frank I would propose an exchange with those officers or any of them.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

* No letter found “relating to Mr. Gallagher,” but see Huger to Wool, January 2, p. 176.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, &C., Fort Monroe, Va., January 10, 1862.

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

GENERAL: I have received your communication* of the 9th instant in relation to my acceptance of “147 wounded prisoners on the same terms as heretofore.” I will receive the prisoners at the first light-house above Newport News on such day and hour as you may notify me of hereafter.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

* Not found.

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WAR DEPARTMENT, Judge-Advocate’s Office, January 10, 1862.

In the matter of Major Lynde, dismissed the service, his petition to the President that he may be restored and the matter tried by court-martial or court of inquiry, on which the President directs the Judge-Advocate to report.

The cause of Major Lynde’s dismissal stated in the War Department order in the case is abandoning his post and surrendering his command to an inferior force of insurgents. He alleges in his petition that he had authority to abandon the post, that the circumstance justified it and that he did not surrender to an inferior force and protests his loyalty. The charges against him relate only to his military conduct for retreating at Mesilla when fired on before an insurgent force he had advanced against and summoned to surrender unconditionally, and for surrendering at San Augustine Springs his entire command, 500 strong, shamefully and disgracefully to an inferior force without a blow without consulting his officers and in spite of their remonstrances.

{p.190}

These acts are at military law misbehavior before the enemy, punishable with death by sentence of a court-martial, but the War Department recommended the more lenient course of discharging Major Lynde from the military service. The Department on the official statements was satisfied as to the facts and the judgment to be formed of them. An investigation by a court of inquiry may now be ordered if the President thinks further consideration of the case necessary. Major Lynde and all parties interested may have leave to be present and offer testimony.

It is not necessary to restore Major Lynde to his rank and commission in order to make this investigation. It was decided in England (the twelve judges when consulted by the Crown having no doubt) that an officer after being dismissed the army by the King for misconduct may still be put before a court-martial for the offense and tried for his life. Attorney-General Black thought it the law here but Attorney-General Cushing doubted. There can be no doubt, however, to inquire by court of inquiry.

If by means of a court of inquiry it shall be discovered that the dismissal of Major Lynde was unjust doubtless he may be restored by a new appointment from the President with the advice and consent of the Senate when a vacancy shall happen. His place has been filled by promotion of the next officer.

But I cannot say that I discover in the matter presented in his petition reason to think that the decision heretofore made was inconsiderate and erroneous, or is it likely to be reversed by any further examination into the facts.

Respectfully submitted.

J. F. LEE, Judge-Advocate.

[Indorsement.]

ADJUTANT-GENERAL’S OFFICE, Washington, January 14, 1862.

I concur with the Judge-Advocate that Major Lynde’s case is properly settled and that neither justice nor the public interest requires it to be reopened. I cannot, however, say that there is any important objection to a court of inquiry if the President has doubt in the case. But certainly no order for the restoration of the dismissed officer ought to be made in advance of an examination by a court.

L. THOMAS, Adjutant-General.

I approve the decision of the Judge-Advocate and the Adjutant-General as above.

SIMON CAMERON, Secretary of War.

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DEPARTMENT OF STATE, Washington, January 11, 1862.

Maj. Gen. JOHN E. WOOL, Fortress Monroe, Va.

GENERAL: The accompanying letters* are mostly from privateersmen imprisoned in New York. They have all been read here and are believed to contain nothing objectionable. As they show that such prisoners are humanely treated they might tend to induce similar treatment of our own prisoners. I will consequently thank you to cause them to be forwarded.

I am, your obedient servant,

WILLIAM H. SEWARD.

* Omitted.

{p.191}

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NAVY DEPARTMENT, Washington, January 11, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: I have the honor to acknowledge the receipt of your letter of the 10th instant in reference to the prisoners that have been turned over to the U. S. marshal at Key West by naval officers. In giving instructions for the conveyance of the prisoners to New York the Department also proposes to send to the flag-officers a circular letter, a copy of which I inclose, in order that such of them as come within its provisions may be released if you acquiesce in the proposition.

I am, very respectfully, your obedient servant,

GIDEON WELLES.

[Inclosure.]

NAVY DEPARTMENT, Washington, January -, 1862.

FLAG-OFFICER -, Commanding Blockading Squadron, -.

SIR: You may release such persons from the rebel States as shall be captured within the limits of your command provided they are civilians not in the rebel service and not known to have been engaged in any act against the authority of the United States. Before their release they will be required to sign a written parole not to engage in any hostile act against the United States during the present rebellion.

I am, respectfully, &c.,

- -.

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SAINT LOUIS, January 12, 1862.

Brig. Gen. L. THOMAS, Adjutant-General of the Army, Washington.

GENERAL: ... Permit me to repeat what I wrote to General McClellan* some weeks ago. The exchange of prisoners of war is a mere military convention which by the laws of war any general commanding an army is authorized to make. An exchanged prisoner is not thereby exempted from punishment for treason or any other offense he may have committed. It is permitted by all civilized countries of the present day, and I should not have hesitated to exercise this authority if I had not been informed that our Government had refused it to other officers similarly situated.**

Very respectfully, your obedient servant,

H. W. HALLECK, Major-General.

* Halleck to McClellan, December 3, p. 150.

** For omitted portion of this letter see Vol. I, this Series, p. 71, and for Thomas’ answer, January 20, 1862, see same volume, p. 74.

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DEPARTMENT OF STATE, Washington, January 13, 1862.

Maj. Gen. GEORGE R MCCLELLAN, Washington.

GENERAL: Some time since I addressed a note to you asking that General Wool might be directed to inquire through General Huger whether Colonel Corcoran would be exchanged for William Smith, convicted of piracy at Philadelphia. The great anxiety of the friends of Colonel Corcoran upon the subject induces me to inquire if you have {p.192} received any answer upon the subject, though it might be presumed that you would not delay in apprising this Department of the decision.

I am, general, your obedient servant,

WILLIAM H. SEWARD.

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ADJUTANT-GENERAL’S OFFICE, Washington, January 13, 1862.

Hon. W. H. SEWARD, Secretary of State.

SIR: In reply to your communication of this date to Major-General McClellan I have the honor to inform you that Major-General Wool was instructed according to your desire in the matter of exchange of Colonel Corcoran but a reply has not-been received. No time will be lost sending you the reply when it is received.

I have the honor, &c.,

L. THOMAS, Adjutant-General.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, New York City, January 13, 1862.

General L. THOMAS, Adjutant-General U. S. Army, Washington, D. C.

GENERAL: There are several prisoners of war at Camp Chase, some of them quite advanced in years, whose friends in Virginia have presented petitions for their release on their taking the oath of allegiance, and if it is thought advisable to release any on those terms some of these men are good subjects for it. Generally they are civilians who have been taken upon some suspicious conduct of little consequence, but two of them are charged with having been a short time in some rebel organization though not so when captured. The petitions or other papers are authenticated by affidavits or signatures of officials.

If it is approved I will select a few, not over twelve, of the most favorable cases and direct them to be released.

Very respectfully, your obedient servant,

W. HOFFMAN, Lieut. Col. Eighth Infantry, Commissary-General of Prisoners.

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HDQRS. 3D BRIG., 1ST DIV., ARMY OF THE FRONTIER, Camp Curtis, Ark., January 13, 1862.

Maj. JOHN A. FOREMAN, Commanding Detachment Third Indian Regiment, Neosho, Mo.

SIR: ... The colonel commanding desires to call your attention to the fact that by general orders issued from the War Department no person can be put to death who has been held as prisoner under conviction of military commission or order of court-martial without the signature of the President of the United States. Prisoners when taken are under the protection of the officer in command, and no matter what their guilt must so be considered. The colonel commanding has no official knowledge that such rule has been departed from and he hopes it has not. Military executions are always dangerous and without the President’s signature positively prohibited. Any papers you may have to send forward must be sent to these headquarters.

Very respectfully,

W. A. PHILLIPS, Colonel, Commanding Third Brigade.

{p.193}

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DEPARTMENT OF STATE, Washington, January 14, 1862.

Maj. Gen. GEORGE B. MCCLELLAN, Washington.

GENERAL: I inclose for your consideration a letter of the 4th instant from W. E. Woodruff, colonel of the Second Kentucky Regiment, a prisoner of war at Columbia, S. C., addressed to the Hon. Robert Mallory, a Representative in Congress from that State, on the subject of an exchange of prisoners.

I am, your obedient servant,

WILLIAM H. SEWARD.

[Inclosure.]

COLUMBIA JAIL, S. C., January 4. 1862.

Hon. ROBERT MALLORY [Representative in Congress].

DEAR SIR: This will be handed you by Captain Sprague, of Seventh Ohio Regiment, who has been confined with us and has just been exchanged. My friends write me that they have written you in reference to my exchange, but deeming this a fitting opportunity I write you on the same subject. Myself, Lieutenant Colonel Neff and Captain Austin, Second Kentucky Regiment, were captured July 17, 1861, and are consequently the oldest prisoners and should be the first exchanged. Let me urge upon you to give this some consideration and do all you can for our release. Six months in confinement is quite enough, and as hostages for the privateers we have at least a claim upon the Government.

As the Representative from my district I claim your efforts in my behalf and shall rely upon your efforts.

Respectfully,

W. E. WOODRUFF, Colonel Second Kentucky Regiment.

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QUARTERMASTER-GENERAL’S OFFICE, Washington, January 14, 1862.

Hon. SECRETARY OF WAR.

SIR: I have the honor to return the letter of the Hon. W. M. Dunn, of the Military Committee of the House of Representatives, asking what legislation if any is necessary to provide for sending supplies of clothing to soldiers and prisoners of war. Some clothing has been sent to Norfolk to be distributed by the enemy to the prisoners of war in their hands. I think the Secretary of War has in this exercised only a discretion vested in his office by the necessity of the case. It might perhaps be well to recognize this, however, by direct legislation and I submit a draft of a bill for that purpose.

M. C. MEIGS, Quartermaster-General.

[Inclosure.]

DRAFT OF BILL.

Be it enacted, That the President of the United States be and he is hereby authorized to take such measures as in his judgment may be advisable to supply our soldiers held as prisoners by the public enemies with clothing and such other supplies as may be necessary for their health and for the alleviation of their distress.

{p.194}

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HEADQUARTERS SAINT LOUIS DISTRICT, Saint Louis, January 14, 1862.

Surg. J. J. B. WRIGHT, Medical Director:

The officer in charge of the prisoners of war at McDowell’s College represents that he is not satisfied with the attention given by the surgeon in charge of the prisoners. I inclose a pass* which will admit you whenever you desire to visit them, and beg leave to request you will do so at your earliest convenience as I deem it one of our first duties to see that every amelioration of the condition of the prisoners of war is rendered to their unhappy lot that enlightened humanity and a due regard to their safe-keeping will permit.

I remain, very respectfully, your obedient servant,

SCHUYLER HAMILTON, Brig. Gen. of Vols., U. S. Army, Comdg. Saint Louis District.

* Omitted.

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DEPARTMENT OF STATE, Washington, January 15, 1862.

Hons. JOHN LAW, D. W. VOORHEES, JAMES A. CRAVENS, R. MALLORY, J. J. CRITTENDEN, A. HARDING, G. W. DUNLAP, W. S. HOLMAN, Rouse of Representatives.

GENTLEMEN: I have had the honor to receive your letter* of the 13th instant respecting Capt. George Austin, a prisoner of war at Columbia, S. C., and have commended the case to the immediate attention of the Commander-in-Chief.

I have the honor to be, your obedient servant,

WILLIAM H. SEWARD.

* Not found.

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DEPARTMENT OF STATE, Washington, January 15, 1862.

Maj. Gen. GEORGE B. MCCLELLAN, Washington.

GENERAL: I inclose a letter to me of the 13th instant from sundry members of the House of Representatives, and commend the case of Capt. George Austin, a prisoner of war at Columbia, S. C., to which the letter relates to your early attention.

I am, general, your obedient servant,

WILLIAM H. SEWARD.

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HDQRS. OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, January 16, 1862.

Hon. GIDEON WELLES, Secretary of the Navy.

SIR: In reply to your letter of the 10th instant I have the honor to inform you that the exchange of Lieut. W. G. Jones and Assistant Surgeon Lynde, U. S. Army, will be agreeable to the War Department. With the papers inclosed in your letter herewith returned at your request I respectfully forward a copy of a letter* to Colonel Dimick of the 10th instant in relation to the exchange of Lieutenant Dalton, late U. S. Navy, and Captain Tansill and Lieutenant Tattnall, late U. S. Marine Corps.

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

L. THOMAS, Adjutant-General.

* Omitted here; Thomas to Dimick, January 10, p. 188.

{p.195}

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HEADQUARTERS DEPARTMENT OF VIRGINIA, &C., Fort Monroe, Va., January 16, 1862.

Maj. Gen. BENJAMIN HUGER, Commanding at Norfolk, Va.

GENERAL: I would inform you that the following exchanges have been ordered and the prisoners will be released and sent to my headquarters. When they arrive they will be forwarded to you by a flag of truce: For Lieut. I. W. Hart, Twentieth Indiana Regiment, already released on parole, Lieut. G. W. Grimes, Seventh [Seventeenth] North Carolina Volunteers; for Captain Shillinglaw, Seventy-ninth New York, already released, Lieutenant Dalton, late U. S. Navy; for Captain Manson, Seventy-ninth New York, Captain Tansill, late U. S. Marine Corps; for Capt. William Dickinson, Third U. S. Infantry, already released, Lieut. J. R. F. Tattnall, late U. S. Marine Corps.

I would propose if agreeable an exchange between Col. J. A. J. Bradford, of North Carolina, and Lieut. Col. William Hoffman, Eighth U. S. Infantry, so that they may be mutually released from their paroles.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

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HEADQUARTERS FORT COLUMBUS, New York Harbor, January 16, 1862.

General L. THOMAS, Adjutant-General U. S. Army, Washington, D. C.

GENERAL: I request authority to send sixteen prisoners of war to Fort Warren, Boston Harbor. These men were too sick to go with the others when they were sent, but are now well and the surgeon recommends their removal on account of the crowded state of the hospital.

May I request an early answer?

Very respectfully, your obedient servant,

G. LOOMIS, Colonel Fifth Infantry, Commanding.

[Indorsement.]

ADJUTANT-GENERAL’S OFFICE, January 31, 1862.

If these prisoners of war are yet at Fort Columbus Colonel Loomis will send them to Fort Monroe, Va., to be released on parole in exchange for others. Please report in the matter and give the names and rank of the prisoners.

By command of Major-General McClellan:

E. D. TOWNSEND, Assistant Adjutant-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, &C., Fort Monroe, January 17, 1862.

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

GENERAL: I send herewith by flag of truce the following-named prisoners of war who are permitted to return South on the conditions specified in each case: John Pegram, on the condition that he will return and surrender himself at Fort Monroe by the 15th of February, 1862, unless he shall procure the release without parole of Col. O. B. Willcox, First Michigan Regiment; Capt. William Sutton, North Carolina Volunteers, on parole for thirty days unless within that time Captain Withington, First Michigan Regiment, be unconditionally {p.196} released and put at liberty at Fort Monroe; First Lieut. A. E. Bell, North Carolina Volunteers, on parole for thirty days unless within that time First Lieut. S. B. Preston, Fourth Michigan Regiment, be unconditionally released and put at liberty at Fort Monroe, Va.; Robert Tansill, on parole for forty-five days unless within that time Capt. Zenas R. Bliss, U. S. Army, shall be unconditionally released and put at liberty at Fort Monroe, Va.; John W. Poole, on parole for thirty days unless within that time Adjutant Peirson, of the Twentieth Regiment Massachusetts Volunteers, shall be unconditionally released and put at liberty at Fort Monroe, Va.; First Lieut. James T. Lasselle, North Carolina Volunteers, on parole for thirty days unless within that time First Lieut. M. A. Parks, First Michigan Regiment Volunteers, be unconditionally released and put at liberty at Fort Monroe, Va.; R. W. Jeffery, on parole for thirty days unless Dr. William Fletcher shall before that time be unconditionally put at liberty at Fortress Monroe, Va.

On the above conditions being complied with the parties interested will consider themselves released from their parole. L. J. Johnson, captain of Seventh [Seventeenth] Regiment North Carolina Volunteers, on his arrival at Norfolk will be released from his parole. I also forward Mrs. M. C. Lowe who is desirous of proceeding South. It is to be hoped that Colonel Willcox will be released.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, New York City, January 17, 1862.

Dr. C. A. FINLEY, Surgeon-General U. S. Army, Washington, D. C.

SIR: I am authorized by the Adjutant-General to employ a private physician to attend the troops and prisoners at the depot of prisoners of war near Sandusky, and as it will take some time to find a suitable person I respectfully request in order to avoid inconvenient delay that Surg. R. S. Satterlee, medical purveyor in this city, may be directed to furnish such medicines and hospital stores for the depot as he may deem requisite for a command of 1,000 men for six months, viz, two companies of a hundred men each with nine commissioned officers and 600 to 800 prisoners. The location is healthy and I don’t apprehend much sickness.

The physician who attends the depot must live on the island and I doubt if any competent person can be found to accept the place on the compensation which the Regulations allow, $80 per month, without any other allowance whatever, not even fuel and quarters.

I am, very respectfully, your obedient servant,

W. HOFFMAN, Lieut. Col. Eighth Infantry, Commissary-General of Prisoners.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., January 18, 1862.

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

GENERAL: By the flag of truce this day you will receive the following-named persons:

1. Lieutenant Tattnall, prisoner of war, who is unconditionally released from his parole, being sent in exchange for William Dickinson who is also by you unconditionally released from his parole.

{p.197}

2. Lieut. G. W. Grimes, Seventh [Seventeenth] North Carolina Volunteers, who is also unconditionally released from his parole in exchange for Lieut. Isaac W. Hart, Twentieth Indiana Regiment, who is by you released from his parole.

...

4. Lieut. Julian G. Moore, Seventh [Seventeenth] North Carolina Volunteers, who is on parole for thirty days unless within that time Second Lieut. William Booth, Second Wisconsin Volunteers, be unconditionally released and put at liberty at Fort Monroe.

5. Second Lieut. N. H. Hughes, North Carolina Volunteers, who is on parole for thirty days unless within that time Second Lieut. Edmund Connolly, Sixty-ninth New York Militia, be unconditionally released and set at liberty at Fort Monroe.

6. Dr. J. E. Lindsay (omitted on my list yesterday but forwarded to Norfolk) is on parole for thirty days unless within that time Dr. C. S. De Graw shall be unconditionally released from his parole.

...

On all the above conditions being complied with the parties interested will consider themselves released from their parole. Your letter to L. M. Goldsborough has been forwarded to the flag-officer. So much of it, however, as relates to the exchange of Captain Tansill, Lieutenants Tattnall and Dalton for Captains Shillinglaw, Manson and Lieutenant Dickinson has been complied with in my letter of January 16.

I am requested to inquire whether Colonel Corcoran, Sixty-ninth New York State Militia, will be released in exchange for William Smith, convicted of piracy at Philadelphia.*

Very respectfully, your obedient servant,

JOHN B. WOOL, Major-General.

* Omitted paragraphs relate to officers surrendered in Texas, for which see Vol. I, this Series, p. 73.

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

Maj. Gen. J. B. WOOL, Commanding Department of Virginia.

GENERAL: I received last evening your letter of the 17th instant and the prisoners named by you also arrived here.

1. Col. O. B. Willcox has been selected by lot as a hostage to be treated exactly as your Government treats our citizens captured on the ocean. He is therefore not a subject of exchange.

2. Captain Tansill whom you offer to exchange for Capt. Z. R. Bliss, U. S. Army, has already been exchanged for Captain Manson, Seventy-ninth New York Regiment of Volunteers, and the exchange accepted by your letter of the 16th instant, an extract of which is inclosed.

I also send you an extract* of my letter to you of December 31 proposing exchanges, and the remark that Lieutenant Tattnall, late of the U. S. Marine Corps, has not yet arrived. You are authorized to release Captain Manson from his parole and I shall notify Captain Tansill that he is released from his.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General.

* Not found.

{p.198}

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HEADQUARTERS SAINT LOUIS DISTRICT, Saint Louis, Mo., January 18, 1862.

Col. J. M. TUTTLE, Commanding Second Iowa:

Certain ladies having prepared a quantity of food for the prisoners of war confined in McDowell’s College you are hereby authorized to cause the same to be distributed among them by the process in which their rations are usually distributed. I am well assured the prisoners are abundantly supplied with food but am prompted to permit this that the provisions may not be wasted.

Very respectfully, your obedient servant,

SCHUYLER HAMILTON, Brig. Gen. of Vols., U. S. Army, Comdg. Saint Louis District.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Port Monroe, Va., January 19, 1862.

Maj. Gen. BENJAMIN HUGER, Commanding at Norfolk, Va.

GENERAL: I send herewith by flag of truce the following persons: T. S. Wilson, who is on parole for forty-five days unless within that time First Lieut. W. G. Jones, Tenth U. S. Infantry, be unconditionally released and put at liberty at Fort Monroe, Va.; Second Lieut. J. W. Roy, North Carolina Volunteers, who is on parole for thirty days unless within that time Second Lieut. Charles M. Hooper, California regiment, be unconditionally released and put at liberty at Fort Monroe, Va. On the above conditions being complied with the parties interested will consider themselves released from their parole.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

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HEADQUARTERS SAINT LOUIS DISTRICT, Saint Louis, Mo., January 19, 1862.

Col. J. M. TUTTLE, Commanding Second Iowa Volunteers.

COLONEL: I inclose a requisition for clothing for prisoners of war. Inasmuch as Dr. Taft is not yet mustered into service, which did not occur to me yesterday, you will order the regimental quartermaster to draw the articles of clothing for the prisoners sick in hospital for which I signed requisition yesterday. These will be issued under the direction of the attending surgeon, Doctor Taft, in the presence of a commissioned officer, the prisoners signing a receipt roll, to be witnessed by him as heretofore directed. In cases where the sick are unable to receipt the officer witnessing the issue will state the fact on the receipt roll.

I wish you to detail two of the negroes in the employ of the quarter-master’s department now at McDowell’s College as special attendants on the sick in hospital, to be under the order of Doctor Taft. I have applied for a hospital steward for him. I wish you with your officers to endeavor to systematize matters as much as possible by fixing an hour for yourself or Lieutenant-Colonel Baker going through the general prison with the surgeon at least once every day, to the end that the sick may be removed from the prison rooms to the hospital ward. Also to have some fixed hour, the weather permitting, when the prisoners of one room at a time, or at the most two, may be allowed to exercise under guard in the street in front of the prison, at the same time taking their bedding out to hang it on the fences to air.

{p.199}

I want you to understand that everything relating to prisoners is under your charge; that you are to see when a prisoner is sick and paroled to go to general hospital that he is sent without delay. The ambulances of your regiment will be used in common with those of the general hospital department for this purpose. I trust from the improvement visible yesterday on the whole that the weather permitting matters may be put very shortly in better shape. I would suggest that you should fix a particular hour of the day during which articles sent to the prisoners from individuals will be received at your office. Having been examined I would cause them to be delivered at a particular hour the next day. If you will designate the hour for receiving them I will cause a notice to be inserted in the papers of the city to that effect. I would also fix an hour for receiving communications from the prisoners to friends outside, which could be best done by having a bag hung up for the reception of these communications, to be taken to your office for examination at a certain hour, and any communication permitted to be sent to them can be returned in the same way, thus saving much vexation and annoyance. I wish you to give special attention to having the paroled sick sent without delay to the general hospital, and if it has not already been done you will see to the case of the -.

Very respectfully, your obedient servant,

SCHUYLER HAMILTON, Brig. Gen. of Vols., U. S. Army, Comdg. Saint Louis District.

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WAR DEPARTMENT, Washington, January 20, 1862.

This Department recognizes as the first of its duties to take measures for the relief of the brave men who having imperiled their lives in the military service of the Government are now prisoners and captives; it is therefore

Ordered, That two commissioners be appointed to visit the city of Richmond, in Virginia, and wherever else prisoners belonging to the Army of the United States may be held, and there take such measures as may be needful to provide for the wants and contribute to the comfort of such prisoners at the expense of the United States, and to such extent as may be permitted by the authorities under whom such prisoners are held.

EDWIN M. STANTON, Secretary of War.

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[JANUARY 20-23, 1862.-For Wool to Huger, proposing various individual exchanges, see “The Texas Surrender,” Vol. I, this Series, pp. 74-75.]

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., January 20, 1862.

Col. J. DIMICK, Commanding at Port Warren.

SIR: Some of the released prisoners from Fort Warren stated that you had not received notice of the release of Dr. De Witt C. Peters in exchange for Dr. Wyatt M. Brown. I have sent General Wool a copy of my letter of November 19* fully releasing Doctor Peters from his {p.200} parole and requesting it might be forwarded to him. I now ask General Wool to forward the letter to you.

My Government is willing and anxious to exchange prisoners on fair terms, and as the authorities at Washington have permitted it in certain cases I beg your assistance in making it general and thus aid the cause of humanity and civilization. On the 2d of January I sent to Commodore Goldsborough a list (copy inclosed)** of seamen captured on unarmed vessels (non-combatants) and stated “that this Government has released within the last six months forty or fifty seamen at least taken on merchant vessels of the United States, considering them as non-combatants, and sent them to the United States at the expense of this Government. I released four and sent them to Fort Monroe on 31st December.”

Ought not this course to be reciprocated? If not we must retain such persons hereafter. I beg your attention to the subject. Can not you procure the release of Capt. M. Berry, who was a merchant captain? I would be willing to give any merchant captain in our hands, if any. With your assistance, colonel, I hope we can do much to relieve needless suffering to our fellow-countrymen.

With the highest respect, your obedient servant,

BENJ. HUGER, Major-General.

* 500 Vol. I, this Series, p. 67, for Huger to Wool, November 19, 1861.

** Not found.

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U. S. FLAG-SHIP PHILADELPHIA, Pamlico Sound, January 20, 1862.

Maj. Gen. BENJAMIN HUGER, Commanding Department, &c., Norfolk, Va.

SIR: Agreeably to one of the propositions contained in your letter to me of the 2d instant I hereby accept Captain Shillinglaw for Mr. Dalton; and on your releasing the former through the commanding general at Fort Monroe from his parole the latter will be at liberty to consider himself as released from the one upon which he was placed. I address you this acceptance with the understanding that Captain Shillinglaw has not already been released and that his case stands as it did when you wrote to me the above letter.

I await an offer from you of “some other captain in place of Mr. Butt.” As at present advised I am not at liberty to accede to the other proposals you have submitted.

I am, very respectfully, your obedient servant,

L. M. GOLDSBOROUGH, Flag-Officer, Commanding North Atlantic Blockading Squadron.

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U. S. STEAM FRIGATE ROANOKE, Hampton Roads, Va., January 20, 1862.

Hon. GIDEON WELLES, Secretary of the Navy, Washington, D. C.

SIR: I herewith inclose to you a communication from General Huger to Flag-Officer Goldsborough and a copy of my reply to him which I hope will meet your approbation.

Very respectfully, your obedient servant,

JOHN MARSTON, Captain and Senior Officer.

{p.201}

[Inclosure No. 1.]

HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., January 15, 1862.

Flag-Officer L. M. GOLDSBOROUGH, Commanding North Atlantic Blockading Squadron.

SIR: I send by flag of truce Capt. A. G. Kellogg, Second Connecticut Volunteers, who is released in place of Mr. Walter B. Butt, late U. S. Navy. I beg you to acknowledge his arrival and he is released from his parole on your authorizing me to release Mr. Butt from his.

I also ask the favor of you to reply to my letter of January 2 authorizing you to release Dr. B. D. Lynde from his parole for Doctor Herty, whose arrival here I have duly acknowledged.

I also wrote to you on December 31 and sent Captain Shillinglaw, Company F, Seventy-ninth New York Volunteers, Captain Manson, Company A, Seventy-ninth New York Volunteers and First Lieutenant Dickinson, Third U. S. Infantry, in place of Lieutenant Dalton, now on parole, and Captain Tansill and Lieutenant Tattnall, Marine Corps, now in Fort Warren. You have not acknowledged the receipt of these officers or authorized me to release Lieutenant Dalton from his parole, and up to this date Captain Tansill and Lieutenant Tattnall have not been released.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

[Inclosure No. 2.]

U. S. STEAM FRIGATE ROANOKE, Hampton Roads, Va., January 18, 1862.

Maj. Gen. BENJAMIN HUGER, Commanding Military Department, Norfolk, Va.

SIR: In the absence of Flag-Officer Goldsborough I beg leave to inform you of the receipt of your communication of the 15th instant which did not come to hand till late last evening. The arrival of Capt. A. G. Kellogg, Second Connecticut Volunteers, is hereby acknowledged and the parole of Mr. Butt is canceled upon the conditions you have offered; that of Captain K[ellogg] shall likewise be so. I also accept your proposal made to Flag-Officer Goldsborough that the parole of Dr. H. D. Lynde shall be released for that of Doctor Herty.

All the other officers to whom you have referred and who belong to the military department have I am informed by General Wool been released.

Very respectfully, your obedient servant,

JOHN MARSTON, Captain and Senior Officer.

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SPECIAL ORDERS, No. 20.}

HEADQUARTERS ARMY OF THE POTOMAC, Washington, January 20, 1862.

...

IV. Maj. N. H. Davis, assistant inspector general, will muster the exchanged prisoners of war who have recently arrived from Richmond, the two years’ and three-years’ men for pay only and the three-months’ men for discharge and final payment. After muster and payment those of the two-years’ and three-years’ men who are able to do so will at {p.202} once rejoin their regiments, and furloughs for thirty days may be granted by their regimental commanders to such as desire it. Those who are unable to join their regiments will be placed in the general hospitals and their commanding officers notified of the fact.

...

By command of Major-General McClellan:

S. WILLIAMS, Assistant Adjutant-General.

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HDQRS. OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, January 21, 1862.

Maj. Gen. JOHN E. WOOL, U. S. Army, Commanding, &c., Port Monroe, Va.

SIR: At the urgent instance of friends of Col. O. B. Willcox, Michigan Volunteers, Col. John Pegram was released on parole to go to Richmond for the purpose of endeavoring to effect an exchange by which Colonel Willcox should be released. On his way to Fort Monroe Colonel Pegram addressed a letter* to the Adjutant-General stating he feared he might not be able to effect an exchange for Colonel Willcox because he understood the latter was specially held as a hostage, and asking if there was no other officer for whom he might exchange. The name of Lieut. Col. J. V. Bomford was then given him, but he was desired to exert himself first in behalf of Colonel Willcox. The General-in-Chief now desires you to urge upon General Huger the release of Colonel Willcox with the least possible delay on the grounds of his ill-health. It is strongly represented that in consequence of his wound and subsequent close confinement his mind has become somewhat excited and there may be danger of its becoming unsettled. If his exchange with Colonel Pegram is not agreed upon you may offer the release of any one of the prisoners of similar rank to Colonel Willcox now in our hands.

You will please also invite an exchange of Second Lieut. Charles H. Burd, Fourth Maine Volunteers, wounded at Bull Run and now confined at Richmond, for some one of like grade. It is understood that an exchange may be effected between Capt. Ralph Hunt, First Kentucky Regiment, and Capt. George H. Smith, Twenty-fifth Virginia Regiment, who was taken at Rich Mountain and released on parole. You are authorized to procure this.

Has nothing been heard from the proposition in regard to Colonel Corcoran?

I am, sir, &c.,

L. THOMAS, Adjutant-General.

* See Pegram to Adjutant-General, January 5, p. 180.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Port Monroe, January 21, 1862.

Brig. Gen. L. THOMAS, Adjutant-General U. S. Army, Washington, D. C.

GENERAL: I herewith transmit a statement of exchanges that have been effected and of those that are now pending:

EXCHANGED.

1. Asst. Surg, De Witt C. Peters, U. S. Army, November 19, 1861, for Asst. Surg. Wyatt M. Brown.

{p.203}

2. Capt. J. B. Ricketts, U. S. Army, December 18, 1861, for Capt. J. A. de Lagnel.

3. Capt. J. W. Sprague, Seventh Ohio Volunteers, January 9, 1862, for Capt. Lucius J. Johnson.

4. Lieut. I. W. Hart, Twentieth Indiana Volunteers, December 31, 1861, for Lieut. G. W. Grimes, Seventh [Seventeenth] North Carolina Volunteers.

5. Captain Shillinglaw, Seventy-ninth New York Volunteers, December 31, 1861, for Lieutenant Dalton, late U. S. Navy.

6. Captain Manson, Seventy-ninth New York Volunteers, December 31, 1861, for Captain Tansill, [late] U. S. Marine Corps.

7. Lieut. W. Dickinson, Third U. S. Infantry, December 31, 1861, for Lieut. J. R. F. Tattnall, late U. S. Marine Corps.

8. Lieutenant Hunt. January 6, 1862. No record to show for whom exchanged.

9. Lieutenant Ives. January 6, 1862. No record to show for whom exchanged.

10. Capt. W. L. Bowers, First Rhode Island Volunteers, January 15, 1862, for Captain Clements, Seventh [Seventeenth] North Carolina Volunteers.

11. Lieut. S. B. Knight, First Rhode Island Volunteers, January 13, 1862, for Lieutenant Shannon, Seventh [Seventeenth] North Carolina Volunteers.

In all the above cases the persons interested are to consider themselves released from their parole.

The following exchanges are now pending:

1. Thomas B. Griffin, released from Fort Warren and forwarded to Norfolk December 29, 1861, on his parole not to bear arms against the United States, but to be released from his parole in the event of his obtaining the discharge of a Federal prisoner of equal rank.

2. Capt. W. Sutton, North Carolina Volunteers, forwarded to Norfolk January 1, 1862, to be exchanged for Captain Withington, First Michigan Regiment.

3. First Lieut. A. B. Bell, North Carolina Volunteers, forwarded to Norfolk January 17, 1862, to be exchanged for First Lieut. S. B. Preston, Fourth Michigan Regiment.

4. Adjt. J. W. Poole, Seventh [Seventeenth] North Carolina Volunteers, forwarded to Norfolk January 17, 1862, to be exchanged for Adjutant Peirson, Twentieth Massachusetts Volunteers.

5. First Lieut. J. T. Lasselle, North Carolina Volunteers, forwarded to Norfolk January 17, 1862, to be exchanged for First Lieut. M. A. Parks, First Michigan Volunteers.

6. [Dr.] R. W. Jeffery, forwarded to Norfolk January 17, 1862, to be exchanged for Dr. William Fletcher.

7. Lieut. T. H. Allen, North Carolina artillery, forwarded to Norfolk January 18, 1862, to be exchanged for First Lieut. R. T. Frank, Eighth U. S. Infantry.

8. Lieut. J. G. Moore, Seventh [Seventeenth] North Carolina Volunteers, forwarded to Norfolk January 18, 1862, to be exchanged for Second Lieut. W. Booth, Second Wisconsin Volunteers.

9. Lieut. N. H. Hughes, North Carolina Volunteers, forwarded to Norfolk January 18, 1862, to be exchanged for Second Lieutenant Connolly, Sixty-ninth New York Militia.

10. Dr. J. E. Lindsay, forwarded to Norfolk January 17, 1862, to be exchanged for Dr. C. S. De Graw, assistant surgeon, U. S. Army.

11. William M. Page, forwarded to Norfolk January 17, 1862, to be exchanged for Assistant Surgeon Connolly, New York Volunteers.

12. T. S. Wilson, forwarded to Norfolk January 19, 1862, to be exchanged for First Lieut. W. G. Jones, Tenth U. S. Infantry.

{p.204}

13. Second Lieut. J. W. Hoy, North Carolina Volunteers, forwarded to Norfolk January 19, 1862, to be exchanged for Second Lieut. C. M. Hooper, California regiment.

These thirteen officers, in the event of their failing to procure the exchanges specified, are to return to Fort Warren on the expiration of their respective paroles.

The exchange of Col. O. B. Willcox for Colonel Pegram is refused, “he being held as a hostage, to be treated exactly as the Federal Government treats Southern citizens captured on the ocean.”

In obedience to instructions I have proposed that the following Federal officers may be exchanged: Major and Brevet Lieutenant-Colonel Bomford, Sixth Infantry; Capt. Z. R. Bliss, Eighth Infantry; First Lieut. J. J. Van Horn, Eighth Infantry, with officers of the same rank now in our hands.

I have also proposed the exchange of Col. J. A. J. Bradford, North Carolina Volunteers, for Lieut. Col. William Hoffman, Eighth U. S. Infantry; William Smith, convicted of piracy, for Col. M. Corcoran, Sixty-ninth New York State Militia; Capt. W. D. Farley, aide-de-camp, for Capt. J. H. Potter, Seventh U. S. Infantry, and Lieut. F. de Caradene for Lieut. H. M. Lazelle, Eighth U. S. Infantry.

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

JOHN E. WOOL, Major-General.

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SURGEON-GENERAL’S OFFICE, Washington, January 21, 1862.

Lieut. Col. W. HOFFMAN, Commissary-General of Prisoners, New York City.

SIR: I am instructed to acknowledge the receipt of your communication of the l7th instant and to inform you that Surgeon Satterlee has been requested to have prepared and forwarded to the care of the attending surgeon at the depot at Sandusky the necessary medicine and hospital stores for 1,000 men for six months.

In regard to time compensation to be allowed to the private physician to be employed I am directed to say that if the Government furnishes him with fuel and quarters (as in all probability it will have to do if the island is not inhabited) it is believed that the allowance stipulated in the Regulations at $80 per month will be more than equivalent to $100 per month without these allowances. If, however, it is found necessary to give the highest compensation allowed by the Regulations, viz, $100 per month, the contract will be approved.

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

LEWIS A. EDWARDS, Surgeon, U. S. Army.

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UNITED STATES MARSHAL’S OFFICE, New York, January 21, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C.

SIR: I have the honor to inclose a letter from the physician to the Department of Public Charities and Correction stating that John O’Brien, one of the crew of the Sumter, exhibits symptoms of insanity {p.205} and suggesting his removal from the city prison to a lunatic asylum. Will you please favor me with your instructions concerning the prisoner by an early post, as the doctor’s statements are well founded.

I am, sir, your most obedient servant,

ROBERT MURRAY, U. S. Marshal.

[Inclosure.]

CITY PRISON, January 15, 1862.

S. DRAPER, Esq., President, &c.

SIR: John O’Brien, one of the crew of the Sumter, is in a very desponding state and has symptoms of permanent insanity, which calamity might perhaps be prevented if he could be removed to an asylum for such cases.

ABBOTT HODGMAN, M. D.

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MARSHAL’S OFFICE, Philadelphia, January 21, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: Please find inclosed a list* of the prisoners taken by me by order of the War Department from the gun-boat Rhode Island, and who are now on their way to Fort Lafayette. Also a statement of the deserters from the rebels, six in number, whom I would recommend released from information received of the truth of their statement.

I remain, sir, your obedient servant,

WILLIAM MILLWARD, U. S. Marshal.

* Omitted.

[Inclosure.]

PHILADELPHIA, January 20, 1861 [1862].

Hon. WILLIAM MILLWARD, U. S. Marshal.

DEAR SIR: We the subscribers, Tim. Canavan, of Massachusetts; Joseph Parker, of Wisconsin; Edward English, of Maine; Francis Colahan, of New York; Albert Johanson, of New York, and James Smith, of New York, were residents of and working in New Orleans last spring. We got out of work and out of money and although Union men were compelled of necessity and would soon have been by force to join the rebels as marines. This we did on 10th of April and were stationed at the Warrington Navy-Yard, Pensacola, Fla. We were placed on duty in charge of a battery with the rest of our company, and had no opportunity of escaping until the 21st of December. Then having a favorable opportunity of getting a boat we spiked our two guns and rowed across to Fort Pickens. As the guns in our battery had been rendered useless by us and we pulled very fast, being not over twelve minutes in crossing, we escaped being fired on except one musket shot by the sentinel, as before notice could be communicated to the other batteries we were safe. We were received by Colonel Brown and by him transferred to the Rhode Island on 2d of July and are anxious to get to our homes.

EDWARD ENGLISH. FRANCIS COLAHAN. ALBERT JOHANSON. JOSEPH PARKER. TIMOTHY CANAVAN.

{p.206}

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DEPARTMENT OF STATE, Washington, January 22, 1862.

Hon. EDWARD BATES, Attorney-General, &c.

SIR: Herewith I have the honor to inclose a letter * from Dr. Abbott Hodgman in relation to the cases of Richard Palmer and John O’Brien, two of the prisoners confined in New York on a charge of piracy, having been captured one on the privateer Savannah and the other on the Sumter.

If you concur I propose to discharge them with the hope that it may serve to procure the release of two of our prisoners who are held by the insurgents in close confinement. Will you have the kindness to return this inclosure with your reply?

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

WILLIAM H. SEWARD.

* Not found, but see Murray to Seward, with inclosure, p. 204.

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WASHINGTON, January 22, 1862.

[Hon. E. M. STANTON, Secretary of War.]

DEAR SIR: Some time last fall Lieuts. C. B. Hall and Charles Freeman, of the First West Virginia Regiment, in the service of the United States, were captured at French’s, near Romney. General Rosecrans will exchange for them two lieutenants of equal rank captured at Carnifix Ferry. Their names are J. Barrett, Hawkins County, Tenn., and T. T. Mitchel, Grayson County, Va. Our people are anxious for the return of Hall and Freeman, and I have to request of you in their name that some arrangement if possible be made by which the exchange can be had. Cannot a proposition be made through General Wool? Hall and Freeman are from Hancock County, Va., just across the river from your old home as I am informed, and their friends claim you as one of them and confidently look to you in this matter.

Very respectfully,

JOHN S. CARLILE.

P. S.-Let me hear from you at your earliest convenience.

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ADJUTANT-GENERAL’S OFFICE, Washington, January 22, 1862.

Maj. Gen. JOHN E. WOOL, U. S. Army, Fort Monroe, Va.

SIR: Hon. A. R. Boteler, of Virginia, has through a friend asked the release or exchange of his son-in-law, R. D. Shepherd, and four other persons named Abram Shepherd. George Johnston, George McGlincy and Conrad Crowl, all of whom are confined as prisoners in the Department of the Potomac. As it is understood there is a willingness to release a corresponding number of our prisoners instead of them you are desired by the General-in-Chief to propose an exchange for the following named: Leonard Clark, private of Harrison County, Va., taken prisoner in the Cheat Mountain last fall, Jonathan Morris, James B. Wood, John Alford and Thomas S. Ross, taken at Guyandotte.

I am, sir, &c.,

L. THOMAS, Adjutant-General.

{p.207}

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ADJUTANT-GENERAL’S OFFICE, Washington, January 22, 1862.

COMMANDING OFFICER CAMP CHASE, Cincinnati, Ohio.

SIR: It is understood there is an officer of artillery taken in arms against the United States now held as a prisoner at Camp Chase. The General-in-Chief directs that he be sent to report to the Adjutant-General either on his parole or under an escort as you may deem expedient preparatory to being released in exchange for First Lieut. W. B. Merrill, Corps of Engineers, now held a prisoner by the Southern people.

I am, sir, &c.,

L. THOMAS, Adjutant-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, &C., Fort Monroe, January 22, 1862.

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

GENERAL: I herewith transmit a statement of exchanges that have been effected and of those that are now pending, as I understand them:

EXCHANGED.

1. Asst. Surg, De Witt C. Peters, U. S. Army, released and forwarded to Fort Monroe, Va., November 19, 1861, in exchange for Asst. Surg, Wyatt M. Brown, who was forwarded to Norfolk, Va., November 12, 1861.

2. Capt. J. B. Ricketts, U. S. Army, released and forwarded to Fort Monroe, Va., December 13, 1861, in exchange for Capt. J. A. de Lagnel, who was forwarded to Norfolk, Va., December 19, 1861.

3. Capt. J. W. Sprague, Seventh Ohio Volunteers, released and forwarded to Fort Monroe, Va., January 9, 1862, in exchange for Capt. Lucius J. Johnson, who was forwarded to Norfolk, Va., January 17, 1862.

4, Lieut. I. W. Hart, Twentieth Indiana Volunteers, released and forwarded to Fort Monroe, Va., December 31, 1861, in exchange for Lieut. G. W. Grimes, Seventh [Seventeenth] North Carolina Volunteers, who was forwarded to Norfolk, Va., January 17, 1862.

5. Captain Shillinglaw, Seventy-ninth New York Volunteers, released and forwarded to Fort Monroe, Va., December 31, 1861, in exchange for Lieutenant Dalton, late U. S. Navy, then on parole.

6. Captain Manson, Seventy-ninth New York Volunteers, released and forwarded to Fort Monroe, Va., December 31, 1861, in exchange for Captain Tansill, late U. S. Marine Corps, who was forwarded to Norfolk, Va., January 17, 1862.

7. Lieut. W. Dickinson, Third U. S. Infantry, released and forwarded to Fort Monroe, Va., December 31, 1861, in exchange for Lieut. J. H. F. Tattnall, late U. S. Marine Corps, who was forwarded to Norfolk, Va., January 17, 1862.

8. Lieutenant Hunt, released and forwarded to Fort Monroe, Va., January 6, 1862; no record. (Captain Cohoon.)

9. Lieutenant Ives, to show for whom exchanged. (A. Lamb.)

10. Capt. W. L. Bowers, First Rhode Island Volunteers, released and forwarded to Fort Monroe, Va., January 15, 1862, in exchange for Captain Clements, Seventh [Seventeenth] North Carolina Volunteers.

{p.208}

11. Lieut. S. R. Knight, First Rhode Island Volunteers, released and forwarded to Fort Monroe, Va., January 15, 1862, in exchange for Lieutenant Shannon, Seventh [Seventeenth] North Carolina Volunteers.

In all the above cases the persons interested are to consider themselves released from their parole except perhaps Lieutenants Hunt and Ives.

The following exchanges are now pending:

1. Thomas B. Griffin, released from Fort Warren and forwarded to Norfolk December 29, 1861, on his parole not to bear arms against the United States, but to be released from his parole in the event of his obtaining the discharge of a Federal prisoner of equal rank.

2. Capt. W. Sutton, North Carolina Volunteers, forwarded to Norfolk January 17, 1862, to be exchanged for Captain Withington, First Michigan Volunteers.

3. First Lieut. A. E. Bell, North Carolina Volunteers, forwarded to Norfolk January 17, 1862, to be exchanged for First Lieut. S. B. Preston, Fourth Michigan Regiment.

4. John W. Poole, adjutant Seventh [Seventeenth] North Carolina Volunteers, forwarded to Norfolk January 17, 1862, to be exchanged for Adjutant Peirson, Twentieth Massachusetts Volunteers. Adjutant Peirson sent to Old Point January 27.

5. First Lieut. J. T. Lasselle, North Carolina Volunteers, forwarded to Norfolk January 17, 1862, to be exchanged for First Lieut. M. A. Parks, First Michigan Volunteers. Lieutenant Parks sent to Old Point January 27.

6. [Dr.] R. W. Jeffery forwarded to Norfolk January 17, 1862, to be exchanged for Dr. William Fletcher. Doctor Fletcher sent to Old Point January 27.

7. Lieut. T. H. Allen, North Carolina artillery, forwarded to Norfolk January 18, 1862, to be exchanged for First Lieut. R. T. Frank, Eighth Infantry.

8. Lieut. J. G. Moore, Seventh [Seventeenth] North Carolina Volunteers, forwarded to Norfolk January 18, 1862, to be exchanged for Second Lieut. W. Booth, Second Wisconsin Volunteers. Lieutenant Booth sent to Old Point January 27.

9. Lieut. N. H. Hughes, North Carolina Volunteers, forwarded to Norfolk January 18, 1862, to be exchanged for Second Lieut. B. Connolly, Sixty-ninth New York Militia.

10. Dr. J. B. Lindsay forwarded to Norfolk January 17, 1862, to be exchanged for Dr. C. S. De Graw, assistant surgeon, U. S. Army.

11. William M. Page forwarded to Norfolk January 17, 1862, to be exchanged for Assistant Surgeon Connolly, New York Volunteers.

12. T. S. Wilson forwarded to Norfolk January 19, 1862, to be exchanged for First Lieut. W. G. Jones, Tenth U. S. Infantry.

13. Second Lieut. J. W. Hoy, North Carolina Volunteers, forwarded to Norfolk January 19, 1862, to be exchanged for Second Lieut. C. M. Hooper, California regiment. Lieutenant Hooper sent to Old Point January 27.

The above officers in the event of their failing to procure the exchanges specified are to return to Fort Warren on the expiration of their respective paroles.

The exchange of Col. O. B. Willcox for Colonel Pegram is refused, “he being held as a hostage, to be treated exactly as the Federal Government treats Southern citizens captured on the ocean.”

In obedience to instructions I have proposed the following Federal officers may be exchanged: Major and Brevet Lieutenant-Colonel Bomford, Sixth Infantry; Capt. Z. R. Bliss, Eighth Infantry; First Lieut. {p.209} J. J. Van Horn, Eighth Infantry, with officers of the same rank now in our hands. I have also proposed the exchange of Col. J. A. J. Bradford, North Carolina Volunteers, for Lieut. Col. William Hoffman, Eighth Infantry; Wm. Smith, convicted of piracy, for Colonel Corcoran, of the Sixty-ninth New York State Militia; Capt. W. D. Farley, aide-de-camp, for Capt. J. H. Potter, Seventh U. S. Infantry, and Lieut. F. de Caradene for Lieut. H. M. Lazelle, Eighth U. S. Infantry.

Very respectfully, your obedient servant,

JOHN B. WOOL, Major-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., January 22, 1862.

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

GENERAL: I send herewith by flag of truce Lieutenant Hurt, of the Pittsylvania Cavalry of Virginia, who is Permitted to go to Norfolk on parole for the purpose of being exchanged for Lieut. D. S. Gordon, Second Cavalry, U. S. Army.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

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HEADQUARTERS SAINT LOUIS DISTRICT, Saint Louis, January 22, 1862.

Mrs. M. MCREE.

MADAM: Your note is just received. In reference to the surgeons taken prisoners of war and now confined in McDowell’s College permit me to say I unwittingly did them injustice in saying I was surprised they had not offered to attend their own sick. On inquiry I find they had done so before I was placed on duty in command of this district. Learning this fact I called upon them and arranged they should in conjunction with Doctor Marsh, surgeon of the Second Iowa Volunteers, discharge this duty. They will have every facility I can afford in the proper discharge of their duties.

I remain, very respectfully, your obedient servant,

SCHUYLER HAMILTON, Brig. Gen. of Vols., U. S. Army, Comdg. Saint Louis District.

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WAR DEPARTMENT, Washington, January 23, 1862.

Hon. JOHN S. CARLILE, U. S. Senate.

SIR: I am directed by the Secretary of War to acknowledge the receipt of your letter of the 22d instant and to state in reply that early attention will be given to the condition of the soldiers now held as prisoners by the rebels.

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

P. H. WATSON, Assistant Secretary of War.

{p.210}

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WAR DEPARTMENT, Washington, January 23, 1862.

Hon. H. G. BLAKE, House of Representatives United States.

SIR: Your letters of the 20th and 22d instant are received, and I am directed by the Secretary of War to state in reply that early attention will be given to the condition of the soldiers now held as prisoners by the rebels.

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

P. H. WATSON, Assistant Secretary of War.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., January 23, 1862.

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

GENERAL: I send herewith by flag of truce H. B. Claiborne and Dulany A. Forrest, prisoners of war, who are permitted to go South on parole for forty-five days unless within that time Maj. James V. Bomford, Sixth Infantry, U. S. Army, be unconditionally released and set at liberty at Fort Monroe, in which event the first-named officers may consider themselves discharged from their parole.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Port Monroe, Va., January 23, 1862.

Hon. ERASTUS CORNING, House of Representatives.

MY DEAR SIR: I have received your communication in relation to the exchange of Lieut. Frank B. Worcester, Company B, Seventy-first Regiment New York Volunteers. In making applications for the exchange of prisoners of war the rank should be given. In making propositions for the exchange of prisoners of war I ought to know what prisoners we have of the enemy in our possession to give in exchange. If I had a roll of these and authority to make exchanges as I might deem proper I have no doubt I could exchange most of the officers taken at Bull Run and Ball’s Bluff. You have named in your letter Lieutenant Worcester, but you do not say whether he was a first or second lieutenant. I therefore do not know what grade of lieutenant to offer in exchange.

I have several applications for exchanges but not knowing either the number of prisoners or their grades in rank to give in exchange I am somewhat at a loss to know how to present the question. For instance in presenting the name of Lieutenant Worcester I ought to know whether we have a prisoner of his rank to give in exchange. As soon as I am informed of the name of some officer who can be given in exchange for Lieutenant Worcester I have no doubt I will be able to effect the exchange you desire.

Most truly, your friend,

JOHN E. WOOL, Major-General.

{p.211}

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HEADQUARTERS DISTRICT OF CAIRO, Cairo, January 23, 1862.

General E. A. PAINE, Commanding U. S. Forces, Bird’s Point, Mo.:

All prisoners taken by my order prior to the late expedition into Kentucky and since released should have all the private property taken from them returned. I am well aware of the difficulty a commanding officer has in enforcing the rule that no property taken is to be conveyed to the use of officers or soldiers, but when cases are known the offending parties should be summarily punished. Persons from Missouri have been in Cairo to-day looking for their stock and I believe without success. I believe your notions of the impropriety of this conduct agree with mine, and I hope you will use rigorous means to break up this dangerous and disgraceful policy.

U. S. GRANT, Brigadier-General, Commanding.

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HEADQUARTERS SAINT LOUIS DISTRICT, Washington, January 23, 1862.

Brigade Surg. JOHN T. HODGEN.

SIR: The prisoners of war sick in hospital will be allowed to receive money and clothing from their friends, and the provost-marshal-general has authority from Major-General Halleck to discharge prisoners. A list of those so discharged you will please furnish to this office.

Very respectfully, your obedient servant,

SCHUYLER HAMILTON, Brig. Gen. of Vols., U. S. Army, Comdg. Saint Louis District.

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Resolutions of the Michigan Legislature presented in the U. S. Senate by Senator Howard, January 23, 1862.

Resolved, That in the present condition of the country, with no prospect of an immediate termination of the war and many of the citizens of this State in captivity as prisoners of war, it is expedient that arrangements should be made for exchange of prisoners, and that our Representatives in Congress be requested and our Senators be instructed to use their proper influence to bring about such arrangements.

Resolved, That we hold it to be a duty we owe to our fellow-countrymen engaged in the present deplorable conflict to do all in our power to mitigate the seventies and barbarism of war, and therefore deem it not only expedient but a dictate of humanity that all persons captured as privateers upon the high seas should be held and deemed to be prisoners of war to be held and treated as such during the continuance of the existing contest.

Resolved, That our Senators in Congress be instructed and our Representatives be requested to urge the adoption of measures for the exchange of Col. Orlando B. Willcox, who was wounded and taken prisoner while in command of a brigade and bravely leading the First Regiment of Michigan Infantry at the battle of Manassas, and who is now held in close confinement as a hostage in a Southern dungeon.

{p.212}

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., January 24, 1862.

Brig. Gen. L. THOMAS, Adjutant-General U. S. Army.

GENERAL: ... To this communication* I would add a suggestion from General Huger which is worthy of consideration:

As the exchange of prisoners is now established would it not save you and myself a great deal of labor and trouble if the two Governments appointed agents to attend to it? It could be done with more system and regularity, and the officers and men might be kept together. My Government is willing to make any arrangement to facilitate the exchange of prisoners and I ask your assistance to have this done under proper regulations.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

* For part omitted, see Vol. I, this Series, p. 76.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., January 24, 1862.

Brig. Gen. L. THOMAS, Adjutant-General U. S. Army, Washington, D. C.

GENERAL: I received yesterday* your communication relating to the exchange of Col. O. B. Willcox, Michigan Volunteers, for Col. John Pegram. On the 21st instant I informed you that the exchange of Colonel Willcox was refused. The reason assigned in a communication addressed to myself was that, he was “selected by lot as a hostage to be treated exactly as your (our) Government treats our (their) citizens captured on the ocean.” Major-General Huger adds:

If the privateersmen are put on the same footing as the other prisoners of war and are liable to exchange my Government will then release such officers as are now retained as hostages to be dealt with exactly as our men are treated. I count, general, on your influence to get this arrangement acceded to for the cause of humanity.

From all which you will perceive that the release of Colonel Willcox cannot be effected unless the privateersmen and hostages are placed on the same footing.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

* Reference to letter of the 21st, p. 202.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., January 24, 1862.

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

GENERAL: Herewith I return without comment a letter* addressed to Abraham Lincoln. I do so because I am not prepared to believe that you would knowingly send to me or through me such a communication.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

* Not found.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., January 24, 1862.

Major-General HUGER, Commanding at Norfolk, Va.

GENERAL: I send herewith by a flag of truce the following persons: ... William Biggs and Benjamin R. Holt, prisoners of {p.213} war, who are on parole for thirty days unless within that time Lieut. William E. Merrill, U. S. Engineers, be unconditionally released and put at liberty at Fort Monroe. On the above conditions being complied with the parties interested will consider themselves released from their parole.*

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

* For paragraph omitted, see Vol. I, this Series, p. 76.

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RICHMOND, January 24, 1862.

General J. G. TOTTEN, Chief of Engineers, U. S. Army.

SIR: I have the honor to state that yesterday afternoon I received a visit from Lieutenant Terrill of the Twenty-fifth Virginia Regiment, who was captured at Beverly, W. Va., on the 12th of July last and was paroled by General McClellan. This visit was for the purpose of effecting an exchange with me. He is a first lieutenant and was captured in the same department that I was. He thinks that if information is sent to Fort Monroe and thence to General Huger of the willingness of the Government to release him from parole on condition of my release that there will be no difficulty with the authorities here. Captain Todd, of the Lincoln Cavalry, wished me to mention that he is endeavoring to effect the same thing with Captain Smith, of the Twenty-fifth Virginia. Captain Hunt left here with the idea that he was exchanged for the latter. If so no such information has arrived here.

Respectfully,

WM. E. MERRILL, First Lieutenant, Engineers.

Copy of Lieutenant Terrill’s card:

LIEUT. PHILIP M. TERRILL,

25th Regt. Va. Vols. (Lt. Col. Heck),

captured at Rich Mountain, July 12th. 1861.

Copy of indorsement on above:

I inclose Lieutenant Terrill’s card. He is a brother of Captain Terrill, late of the artillery.

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WAR DEPARTMENT, Washington, January 25, 1862.

Ordered, That the Rev. Bishop Ames, of the Methodist Episcopal Church, and the Hon. Hamilton Fish, of New York, be and they are hereby appointed commissioners to visit the prisoners belonging to the Army of the United States now in captivity at Richmond, in Virginia, and elsewhere, and under such regulations as may be prescribed by the authorities having custody of such prisoners relieve their necessities and provide for their comfort at the expense of the United States, in pursuance of the order heretofore made on this subject, and that said commissioners be requested immediately to signify by telegram to this Department their acceptance or refusal of this appointment and report in person at Washington without delay.

EDWIN M. STANTON, Secretary of War.

{p.214}

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., January 25, 1862.

Brig. Gen. L. THOMAS, Adjutant-General U. S. Army, Washington, D. C.

GENERAL: Agreeably to your request contained in your letter of the 21st instant I have proposed to Maj. Gen. B. Huger the exchange of Second Lieut. Charles H. Burd, Fourth Maine Volunteers, wounded at Bull Run and now confined at Richmond, for some one of like rank. Capt. Ralph Hunt, First Kentucky Regiment, has been as you will perceive by my letter of the 24th instant exchanged for Captain Cohoon, North Carolina Volunteers. I have this day taken the parole of Mr. C. K. Gallagher, a prisoner who although not a soldier was engaged and taken at Hatteras Inlet, to be exchanged for Private Wheaton King, Rhode Island Volunteers. A copy* of his parole is inclosed herewith, which I hope will be approved. Mr. Gallagher has been a prisoner at this post and on the Rip Raps more than four months.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

* Not found.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., January 25, 1862.

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

GENERAL: I send herewith by flag of truce Charles K. Gallagher, who is on parole for forty five days unless within that time Private Wheaton King, of the Rhode Island Volunteers, now on parole, be unconditionally released and put at liberty, in which event Mr. Gallagher will consider himself discharged from his parole. I am desired to propose the exchange of Second Lieut. Charles H. Burd, Fourth Maine Volunteers, wounded at Bull Run and now confined at Richmond, for some one of like grade now in the possession of the Federal Government.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., January 25, 1862.

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

GENERAL: I am desired to propose the exchange of R. D. Shepherd, Abram Shepherd, George Johnston, George McGlincy and Conrad Crowl, all of whom are confined as prisoners in the Department of the Potomac, for Leonard Clark, private, of Harrison County, Va., taken prisoner in the Cheat Mountain last fall, Jonathan Morris, James E. Wood, John Alford and Thomas S. Ross, taken at Guyandotte.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., January 25, 1862.

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

GENERAL: I send herewith by flag of truce Second Lieut. J. J. Whitehurst, North Carolina Volunteers, who is on parole for thirty {p.215} days, unless within that time Second Lieut. Jacob F. Kent, Third Infantry, shall be unconditionally released and set at liberty at Fort Monroe, Va.; W. H. Ward, who is on parole for thirty days unless within that time Capt. Frederick E. Prime, U. S. Engineers, shall be unconditionally released and set at liberty at Fort Monroe, Va. On the above conditions being complied with the parties interested will consider themselves discharged from their parole.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

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FORT WARREN, Boston Harbor, January 25, 1862.

General L. THOMAS, Adjutant-General U. S. Army.

SIR: I have just received the following answer by letter from General Huger* to the message I sent him relative to exchanging the North Carolina prisoners of war for the U. S. troops in Texas:

My Government is willing and anxious to exchange prisoners on fair terms, and as the authorities at Washington have permitted it in certain cases I beg your assistance in making it general and thus aid the cause of humanity and civilization.

In another part of his letter he says:

With your assistance, colonel, I hope we can do much to relieve needless suffering to our fellow-countrymen.

Being therefore certain of a reciprocal exchange of the prisoners of war now here I shall immediately require transportation for them by sea to Fort Monroe and to be sent to Norfolk for exchange-4 captains, 2 first lieutenants, 8 second lieutenants, 2 third lieutenants and about 370 rank and file. The four colored men are very desirous of returning to their families in North Carolina. I shall therefore send them unless I receive further instructions in relation to them. Three of them are certainly free and have families South. The fourth man is believed to be a slave yet he is very anxious to go home. He has been to me often begging me to send him home on the first opportunity.

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

J. DIMICK, Colonel First Artillery, Commanding Post.

* Letter of January 20, p. 199.

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HEADQUARTERS ARMY OF THE POTOMAC, January 25, 1862.

Mrs. JEANIE DEITZ, 307 West Thirty-fourth Street, Between Eighth and Ninth Avenues, New York.

MADAM: I am directed by Major-General McClellan to acknowledge the receipt of your letter dated the 23d instant asking him to procure the liberation of Lieutenant Campbell, Seventy-ninth New York Regiment, who was taken prisoner by the rebels at the battle of Bull Run.

General McClellan is fully alive to the suffering endured both by the prisoners of war and by their families, and as you are probably aware has in view arrangements for the exchange of prisoners which are to be carried out as rapidly as circumstances will admit. It is not in his power to make selections from those who are in the hands of the rebels and therefore he can only express the hope that the measures expected {p.216} to be taken will soon secure the liberation of Lieutenant Campbell. When released he will receive a furlough for thirty days or longer if necessary to enable him to visit his wife and family.

Trusting that the fortunes of war will soon realize your wishes, I am, madam, very respectfully, your obedient servant,

[JAS. A. HARDIE], Lieutenant-Colonel and Aide-de-Camp.

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SAINT LOUIS, January 26, 1862.

Maj. R. ALLEN, Chief Quartermaster.

MAJOR: A quartermaster or agent should be sent to Alton prison to-morrow morning to provide fuel, &c., for the occupation of the place by the prisoners of war and a garrison of say four companies. Fire should be built in all the stoves for a day or two to dry the place of all dampness. The well should be cleaned and pumped out, or provisions made for a supply of water from the river; also tables and benches in eating rooms, &c.

Yours, &c.,

H. W. HALLECK, Major. General.

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INDIANAPOLIS, January 27, 1862.

Hon. B. M. STANTON:

I accept the appointment of commissioner. Will be in Washington on the 29th.

E. R. AMES.

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NEW YORK, January 27, 1862.

Hon. EDWIN M. STANTON:

I accept the appointment of commissioner to visit prisoners. Will be in Washington at the earliest moment that I can dispose of some existing engagements here, probably Wednesday morning.

HAMILTON FISH.

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HDQRS. OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, January 27, 1862.

Maj. Gen. JOHN E. WOOL, U. S. Army, Comdg. Department of Virginia, Port Monroe, Va.

SIR: The General-in-Chief desires you to propose the exchange of Lieut. Col. William A. Nichols (a major when taken) and Capt. Frederick B. Prime for some prisoners of like rank in our hands. The former officer is on parole; the latter is still a prisoner. The Rev. F. V. Hoskins who was taken prisoner at Hatteras has been informed that he may proceed to Norfolk via Fort Monroe on parole, to return within thirty days unless he shall effect the release of Rev. Hiram Eddy, chaplain of a Connecticut regiment, who was taken prisoner at the battle of Bull Run.

I am, sir, &c.,

L. THOMAS, Adjutant-General.

{p.217}

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WASHINGTON, January 27, 1862.

COMMANDING OFFICER CAMP CHASE:

Please send a correct list of all prisoners in your possession as soon as possible.

GEO. B. MCCLELLAN, Major-General.

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WASHINGTON, January 27, 1862.

General J. A. DIX, Baltimore, Md.:

Please send the following to General Wool at Fortress Monroe as soon as possible, viz:

General WOOL, Fortress Monroe:

Detain all prisoners going South at Fortress Monroe until further orders. I suppose some will soon reach Fortress Monroe from Fort Warren.

GEO. B. McCLELLAN, Major-General, Commanding.

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[JANUARY 27-29, 1862.-For Wool to Huger and Huger to Wool concerning various individual exchanges, see Vol. I, this Series, p. 78.]

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., January 27, 1862.

Maj. Gen. J. B. WOOL, Commanding Department of Virginia.

SIR: I have received instructions to decline your proposal to exchange William Smith, convicted of piracy, for Colonel Corcoran. My Government will not take 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 we decline receiving any proposal 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.

By command of Major-General Huger:

BENJ. HUGER, JR., Captain and Assistant Adjutant-General.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., January 27, 1862.

Maj. Gen. JOHN E. WOOL, Commanding Department of Virginia.

SIR: In reply to your letter of the 25th instant offering to exchange five persons confined as prisoners in the Department of the Potomac for five others I beg to decline the proposition. I hope that at some time there may be a general exchange of all such persons.

By command of Major-General Huger:

BENJ. HUGER, JR., Captain and Assistant Adjutant-General.

{p.218}

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., January 27, 1862.

Maj. Gen. J. E. WOOL, Commanding Department of Virginia.

SIR: I send herewith by flag of truce the following officers prisoners of war:

Dr. William Fletcher, exchanged for Dr. R. W. Jeffery; M. A. Parks, first lieutenant, First Michigan Volunteers, exchanged for J. T. Lasselle, North Carolina Volunteers; W. Booth, second lieutenant, Second Wisconsin Volunteers, exchanged for J. G. Moore, Seventh [Seventeenth] North Carolina Volunteers; C. M. Hooper, second lieutenant, California regiment, exchanged for J. W. Hoy, North Carolina Volunteers; Adjutant Peirson, Twentieth Massachusetts Regiment, exchanged for Adjt. J. W. Poole, North Carolina volunteers.

You are authorized to release these officers from their paroles.

By command of Major-General Huger:

BENJ. HUGER, JR., Captain and Assistant Adjutant-General.

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RICHMOND, VA., January 27, 1862.

ADJUTANT-GENERAL U. S. ARMY, Washington, D. C.

SIR: I have the honor to inform you that Bvt. Lieut. Col. J. V. Bomford has been sent for* and will when he arrives be released in exchange for myself. As I had anticipated the Confederate Government will not for a moment entertain the idea of giving up Colonel Willcox under existing circumstances. I am now under parole to report myself at Fortress Monroe by the 15th of February. Please send me authority to remain here until Colonel Bomford arrives, it being of course understood I am not to bear arms until his release.

Very respectfully,

JNO. PEGRAM, Lieutenant-Colonel, Provisional Army, C. S.

* For other correspondence relating to the exchange of Colonel Bomford, see Vol. I, this Series, p. 70 et seq.

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LOUISVILLE, KY., January 27, 1862.

Hon. B. M. STANTON.

SIR: I take the liberty of addressing you hoping you will answer me candidly, honestly, even if for the worst. My husband, Col. W. B. Woodruff, is held as a hostage for the privateers. Are they to be exchanged or not? I have had assurances time and again that he would be at home in four or five weeks but he comes not. Suspense is but a living death. Oh, sir, for the sake of humanity return him; he will do honor to his country and its flag.

Respectfully,

F. M. WOODRUFF.

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DEPARTMENT OF STATE, Washington, January 28, 1862.

Lieut. Col. W. HOFFMAN, U. S. Army, No. 30 Clinton Place, New York.

COLONEL: Your letter of the 13th instant addressed to Brig. Gen. L. Thomas, Adjutant-General, asking permission to release a number of {p.219} prisoners (names not given) at Camp Chase, Ohio, has been received. In reply I have to request you to transmit to this Department a list of the prisoners in whose behalf your application is made, with such evidence touching each case as you may be in possession of and a brief report of the facts and circumstances connected with the arrest of each prisoner.

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

WILLIAM H. SEWARD.

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EXECUTIVE DEPARTMENT, Columbus, Ohio, January 28, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: I find myself embarrassed for want of knowledge and specific instructions as to the duties expected of me in relation to the political prisoners sent to Camp Chase in this State, and as I cannot find time to call in person upon you for instructions I have requested the bearer, my friend General George W. Morgan, to do so. General M[organ] commands my fullest confidence and is worthy of yours. He is fully posted as to the condition of the prison and will be able to give you all the information you may desire. After consultation with General Morgan please define and point out my several duties and I will most cheerfully perform the trust.

Your obedient servant,

DAVID TOD.

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NEW YORK, January 28, 1862.

Hon. E. M. STANTON.

DEAR SIR: I am sure that common humanity is all that I need refer to to induce your interference and examination of the inclosed letter from two respectable medical men in relation to the crew of the Savannah. If the Government does not choose to disembarrass itself of these men entirely, which might be by bailing on their own recognizances, I suggest their transfer to Fort Lafayette or some prison where they will not be left to die from the diseases of the Black Hole. I address a corresponding letter to the Secretary of State.

I am, very respectfully, your obedient servant,

DANIEL LORD.

[Inclosure.]

BROOKLYN, N. Y., January 28, 1862.

DANIEL LORD, Esq.

DEAR SIR: Hoping to assist your efforts for the relief of the extraordinary privations and sufferings of the U. S. prisoners confined in the Tombs in the city of New York for privateering we respectfully present the following considerations: The cells of the Tombs being designed for temporary detention only were constructed without regard to an adequate supply of fresh air in case of protracted confinement. The smallest amount of air space necessary for healthy respiration with adequate provision for constant renewal is 800 cubic feet. The cells of the Tombs with inadequate provision for renewal measure only a little over 400 cubic feet, and notwithstanding this the privateersmen are confined two in a cell, thus reducing the amount of air to only one-fourth of what is necessary for the preservation of health. The dangers of their condition are still further increased by the quality of the {p.220} prison fare, there being no allowance of fresh vegetable food. Three of the prisoners thus confined since the 25th of June last, namely, Howard, Coid and Palmer (of the Savannah), are now suffering with almost necessarily fatal diseases, scurvy and pulmonary consumption, in consequence of these deprivations, and they will in our opinion soon die unless they are transferred to such quarters as will insure an adequate supply of fresh air and wholesome vegetable food. Others among these prisoners are growing more and more subject to recurring attacks of functional derangements consequent upon the same causes that will ultimately result in fatal diseases if they are not removed. Basing our conclusions on a somewhat extended experience in naval and hospital practice we scarcely deem it necessary to do more than to call the attention of the honorable authorities with whom you are about to confer to the conditions we have named in order to obtain relief, for in whatever light the offense of these prisoners may be viewed it was surely never intended that one of the conditions of their imprisonment should be the deprivation of the necessary amount of air for healthy respiration.

Very respectfully, yours,

A. N. BELL, M. D. JAMES M. MINOR, M. D.

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GENERAL ORDERS, No. 7.}

HEADQUARTERS OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, January 29, 1862.

By direction of the Secretary of War private letters received by officers of the Army for transmittal through the lines of the U. S. troops to persons living in the enemy’s country will not hereafter be forwarded but will be sent to the Dead-Letter Office in the city of Washington. Exception to this rule is made in favor of letters addressed to officers and men detained as prisoners by the insurgents.

By command of Major-General McClellan:

L. THOMAS, Adjutant-General.

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HEADQUARTERS ARMY OF THE POTOMAC, January 29, 1862.

S. S. MERRILL, Esq., Jefferson City, Mo.

SIR: In the absence of Brigadier-General Marcy I have the honor to acknowledge the receipt of your letter dated the 20th instant relative to the exchange of Lieut. W. E. Merrill, now a prisoner in the hands of the rebels in Richmond. I am instructed to reply to you that the case of Lieutenant Merrill has already been brought to the attention of the commanding general and that measures are contemplated by him which it is hoped will result in your brother’s liberation if consummated. Further than this it is impossible to say at present, but more definite intelligence can in all probability be expected before very long.

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

[A. V. COLBURN,] Assistant Adjutant-General.

{p.221}

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SAINT LOUIS, January 29, 1862.

Colonel CARLIN, Commanding, &c., Pilot Knob.

COLONEL: You are authorized to negotiate the exchange of Capt. Isaac H. Elliott and Lieutenant Nixon and the fifty-four enlisted men of the Thirty-third Illinois for an equal number of prisoners of war now held by us, grade for grade. No commissioners are necessary. If General Thompson will agree to the exchange and send his prisoners to our lines we will immediately send him an equal number.

Very respectfully, your obedient servant,

H. W. HALLECK, Major-General.

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QUARTERMASTER-GENERAL’S OFFICE, Washington, D. C., January 29, 1862.

Lieut. Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, New York.

COLONEL Inclosed herewith is a list* of articles of clothing reported by the quartermaster-general of Pennsylvania as being on hand at Harrisburg, Pa., and not up to the required standard for issue to troops. The Quartermaster-General directs that these garments shall be turned over to you for issue to prisoners of war. You are requested to indicate to this office the disposition you desire to be made of them and the necessary orders for their distribution will be given.

By order of the Quartermaster-General:

Very respectfully, your obedient servant,

ALEX. J. PERRY, Captain and Assistant Quartermaster.

* Not found.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Sandusky, Ohio, January 29, 1862.

Col. J. DIMICK, Fourth Artillery, Commanding Fort Warren, Mass.

COLONEL: Will you have the kindness to inform me if the prisoners of war, civil and military, at Fort Warren have bedding which will be sent with them when they are transferred to this depot and is it public or private property? The depot is ready for their reception but the guard will not be prepared to take charge of them before the middle of February.

I am, very respectfully, your obedient servant,

W. HOFFMAN, Lieut. Col. Eighth. Infantry, Commissary-General of Prisoners.

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HEADQUARTERS SAINT LOUIS DISTRICT, Saint Louis, Mo., January 29, 1862.

Surgeon HODGEN:

I am constrained in order to comply with the request of the bearer of this note to say that the rule is general in regard to prisoners of war sent to general hospital that the matter of allowing their friends to visit them is entirely under the control of the surgeon in charge. {p.222} General Halleck in this respect desires they should be on the same footing as our own sick, leaving the matter of permitting visits in the hands of the medical officer.

I remain, very respectfully, your obedient servant,

SCHUYLER HAMILTON, Brig. Gen. of Vols., U. S. Army, Comdg. Saint Louis District.

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WAR DEPARTMENT, Washington, January 30, 1862.

Brig. Gen. M. C. MEIGS, Quartermaster-General.

SIR: As the Government is about taking measures if possible to relieve the wants and promote the comforts of our soldiers who are held as prisoners of war at Richmond and elsewhere in the South and to that end have appointed Rev. Bishop Ames and Hon. Hamilton Fish, with authority to make requisition upon Maj. Gen. John E. Wool at Fortress Monroe for such clothing, medicines and other articles as they may deem necessary, you will therefore at once take such measures as may be necessary to establish a depot of clothing at Fortress Monroe under the charge of the assistant quartermaster at that post and supply the same with 2,000 complete suits of soldiers’ clothing, including that already forwarded for the supply of the Union prisoners in the South.

You will also furnish and deposit with the said clothing a sufficient supply of combs, brushes, soap and such other articles as may be deemed necessary to the personal cleanliness and health of the said prisoners by the said Bishop Ames and the said Hon. Hamilton Fish.

And you will instruct the assistant quartermaster at Fortress Monroe to hold the said clothing and other articles subject to the order of Maj. Gen. John E. Wool, commanding that post, and deliver the same upon his order therefor as from time to time the said Bishop Ames and the said Hon. Hamilton Fish may make requisitions upon him.

EDWIN M. STANTON, Secretary of War.

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WAR DEPARTMENT, Washington, January 30, 1862.

The Rev. Bishop AMES and Hon. HAMILTON FISH.

GENTLEMEN: Persons who have been in the military service of the United States as officers and soldiers are now held as prisoners in the city of Richmond, Va., and in other places in the South; some of them are sick, some wounded, many in a state of destitution and all are objects of public sympathy and deep solicitude to this Government. You have been appointed to the humane and Christian duty of visiting these prisoners in the places where they are confined and to relieve their necessities, supply their wants and provide for their comfort according to your discretion. You are also to make or procure a list of all the prisoners so held in captivity, designating their names, the time and place where captured, the service to which they belonged, their present state and condition, their wants and necessities and all other particulars that may be interesting and proper for their families to know or useful to be known by this Government for the purpose of effecting their exchange or release.

Your message being purely an errand of mercy this Government expects and desires that you should not seek, obtain or report information or have communication on any subject not immediately relating {p.223} to its humane and Christian object. To enable you to supply immediate relief to these prisoners the sum of dollars is placed in your hands with authority to draw at sight on the assistant treasurer of the United States at New York for the further sum of dollars, and a depot of clothing, medicines and other necessaries to be supplied upon your requisition for the use of the prisoners is established at Fortress Monroe. You will proceed directly to Fortress Monroe and communicate with General John E. Wool, commanding there, who is instructed to take such measures as may be right and proper to procure you a safeguard and passage to Richmond or other places to enable you to perform the duties of your appointment. You will conform to such police regulations as may be prescribed for your visitation and relief of the prisoners and may give assurance that on like condition prisoners held by the United States may receive visitation and relief. You will be accompanied by the prisoners now at Fortress Monroe that may have been heretofore taken and held by the military force of the United States. They will be unconditionally released and delivered up.

In case General Wool shall not be able to procure for you a satisfactory safeguard for your benevolent visitation you will return to Washington and report to this Department, and if successful full and speedy report is requested.

Very respectfully, your obedient servant,

EDWIN M. STANTON, Secretary of War.

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WAR DEPARTMENT, Washington, January 30, 1862.

General JOHN E. WOOL, Commanding, Fortress Monroe, Va.

GENERAL: The Rev. Bishop Ames and the Hon. Hamilton Fish, of New York, have been appointed visitors to visit and relieve the prisoners belonging to the Army of the United States now held as captives at Richmond and elsewhere in the South.

You are authorized and directed to take the measures that in your judgment may be deemed right and proper to procure for them a sufficient safeguard and passage to perform their humane and Christian errand, observing such caution in respect to your measures as shall not prejudice the rights or be in conflict with the dignity and authority of the Government of the United States. At the same time you will also release and deliver up unconditionally any prisoners of war that may be in your charge.

Very respectfully,

EDWIN M. STANTON, Secretary of War.

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WAR DEPARTMENT, Washington, January 30, 1862.

C. A. FINLEY, Surgeon-General.

SIR: You will please take measures to supply the senior medical officer at Fortress Monroe with a sufficient quantity of medicines of all kinds necessary for supplying the wants of the Union prisoners in the South and instruct him to hold them subject to the orders of Maj. Gen. John R. Wool, commanding that post, as made from time to time upon the requisition of Bishop Ames and Hon. Hamilton Fish.

EDWIN M. STANTON, Secretary of War.

{p.224}

[Indorsement.]

SURGEON-GENERAL’S OFFICE, February 1, 1862.

Respectfully referred to Surgeon Satterlee, who will send to Fortress Monroe medical supplies for 3,000 men to be issued there as indicated in the within instructions from the War Department.

By order:

R. C. WOOD, Surgeon, U. S. Army.

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HDQRS. OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, January 30, 1862.

Maj. Gen. JOHN E. WOOL, U. S. Army, Comdg. Department of Virginia, Fort Monroe, Va.

GENERAL: The Hon. Hamilton Fish and Rev. Bishop Ames have been appointed by the War Department to proceed to Richmond and other pints where prisoners of the United States may be confined in the South for the purpose of ministering as far as may be in their power to their comfort. The Quartermaster-General and Surgeon-General will be directed to send clothing and medical supplies to your care at Fort Monroe and the Secretary desires you to forward them at such times and to such places as the commissioners may indicate to you. There may be other articles also not usually furnished, such as combs, brushes, &c., necessary for the health and comfort of the prisoners which you will cause to be procured and forwarded on the requisition of the commissioners.

I am, sir, &c.,

L. THOMAS, Adjutant-General.

(Same to Quartermaster-General and Surgeon-General.)

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., January 30, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: Herewith I transmit for your consideration a letter* from J. P. Benjamin, Secretary of War of the rebel Government, to Samuel L. M. Barlow, Merchants’ Exchange, New York.

Mr. Barlow has been represented to me as a full-blooded secessionist. This may not be true from the fact that he has been treated as I am informed with great consideration by officers holding high positions at Washington. It is too, true, however, that we have many in and out of the Army who strongly sympathize with the rebellious South and who are treated with too much consideration by men in subordinate as well as high positions.

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

JOHN E. WOOL, Major-General.

* Omitted here; Benjamin to Barlow, January 26, p. 780.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., January 30, 1862.

Brig. Gen. L. THOMAS, Adjutant-General.

SIR: Herewith I transmit a letter of this date from Major-General Huger asking the release of Assistant Surgeon Connolly, New York {p.225} Volunteers, and Dr. C. S. De Graw from their parole in place of Dr. William M. Page and Dr. James E. Lindsay, sent to Norfolk January 17, instant.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

[Inclosure.]

HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., January 30, 1862.

Maj. Gen. JOHN E. WOOL, Commanding Department of Virginia.

SIR: I beg that you will release Assistant Surgeon Connolly, New York Volunteers, and Dr. C. S. De Graw from their parole in place of Dr. William M. Page and Dr. James E. Lindsay, sent to Norfolk on January 17.

By command of Major-General Huger:

BENJ. HUGER, JR., Captain and Assistant Adjutant-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., January 30, 1862.

Brig. Gen. L. THOMAS, Adjutant-General U. S. Army, Washington, D. C.

GENERAL: Herewith you will receive a copy of a communication to me from General Huger proposing certain exchanges. You will please to inform me if approved in whole or in part.

Captain Withington, First Michigan Regiment, has reported himself exchanged for Captain Sutton, North Carolina Volunteers; Second Lieut. Ed. Connolly, Sixty-ninth New York State Militia, for Second Lieut. N. H. Hughes, North Carolina Volunteers.

These officers have been released from parole. I also forward a copy of a communication from General Huger to me relating to a crew taken from the wreck of light-boat to which I would ask attention.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

[Inclosure No. 1.]

HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., January 29, 1862.

Maj. Gen. JOHN E. WOOL, Commanding Department of Virginia.

SIR: I am authorized to offer Lieutenant-Colonel Bomford in exchange for Lieutenant-Colonel Pegram. I have to decline the exchanges of Lieutenants Farley and de Caradene* proposed in your letter of the 20th instant. The former is only a lieutenant and not a captain as you suppose. Both the officers are in the volunteer service and will be received in exchange for like officers not for regulars. The proposal therefore to exchange Maj. H. A. Gilliam, North Carolina Volunteers, for Maj. I. V. D. Reeve, U. S. Army, or Maj. C. C. Sibley, U. S. Army, is declined, but an officer of volunteers of equal rank will be given for him. For {p.226} the same reason Lieutenant Gordon, Second U. S. Cavalry, cannot be given for Lieutenant Hurt, Virginia Cavalry. I cannot agree to the exchange of Second Lieut. William Biggs, North Carolina Volunteers, and Private Benjamin R. Holt, for First Lieut. William E. Merrill, U. S. Engineers. A second lieutenant of volunteers will be given for Lieutenant Biggs, and I must decline individual exchanges except for commissioned officers. For W. H. Ward, late lieutenant U. S. Navy, we have already offered Capt. J. T. Drew, Second Vermont Regiment, and will therefore not send Capt. Frederick E. Prime, U. S. Engineers. For Julian Myers, Alexander M. de Bree and William T. Glassell, late lieutenants U. S. Navy, we will give captains, and for Midshipmen A. G. Hudgins and W. A. Hicks we will give first lieutenants.

I will offer for Mr. Dulany A. Forrest, late U. S. Navy, and Mr. H. B. Claiborne, late midshipman, U. S. Navy, Maj. D. H. Vinton, U. S. Army. I think it due to Major Vinton to state that I am informed upon what seems to be good authority that while under the parole given in Texas he has, been and is now in the service of the United States at West Point, thus relieving other officers for active duty. I shall be glad to know that this is a mistake. Mr. Edward Taylor, of Cincinnati, will be sent to you in exchange for Mr. E. S. Ruggles. Lieut. William G. Jones, U. S. Infantry, has been ordered here from Texas and on his arrival will be offered for Lieutenant Sayre, C. S. Marines, now on parole.

By command of Major-General Huger:

BENJ. HUGER, JR., Captain and Assistant Adjutant-General.

* See Vol. I, this Series, p. 74.

[Inclosure No. 2.]

HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., January 29, 1862.

Maj. Gen. JOHN E. WOOL, Commanding Department of Virginia.

SIR: On the night of the 24th instant a light-boat was wrecked upon our shores. The crew of seven men were saved, and I should have forwarded them to you as usual, but in reference to my letters you will perceive I have called your attention to the fact of our seamen captured on unarmed vessels, and therefore non-combatants, being kept in prison by your Government, and asking you if our course of liberating such persons was to be reciprocated; if not, I should detain all such persons hereafter. I am compelled to confine these men in jail till I hear from you.

Respectfully, your obedient servant,

BENJ. HUGER, Major. General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., January 30, 1862.

Brig. Gen. L. THOMAS, Adjutant-General U. S. Army, Washington, D. C.

SIR: I received two days since the following communication from Maj. Gen. John A. Dix dated Baltimore, January 27, 1862:

I am instructed by Major-General McClellan, commanding, to communicate to you the following dispatch.

“General WOOL, Fortress Monroe:

“Detain all prisoners going South at Fort Monroe until further orders. I suppose some will soon reach Fort Monroe from Fort Warren.”

{p.227}

Since the receipt of the above the following-named prisoners of war have arrived from Fort Warren and are detained at this post (Rip Raps): Capt. William A. Duke, North Carolina Volunteers; Lieut. William Shaw, North Carolina Volunteers; Lieut. William B. Wise, North Carolina Volunteers; Lieut. George W. Daniel, North Carolina Volunteers.

I have received your communication of the 27th instant in which the General-in-Chief desires me to propose the exchange of Lieut. Col. W. A. Nichols, a major when taken, and Capt. F. E. Prime for some prisoners of like rank in our hands. The proposition will be forwarded to Major-General Huger.

I inclose for your consideration a letter from Chaplain Dodge, Eleventh Regiment New York Volunteers, addressed to Maj. Gen. B. Huger and which has been referred to me.

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

JOHN E. WOOL, Major-General.

[Inclosure.]

COLUMBIA JAIL, S. C., January 20, 1862.

General HUGER, Commanding Confederate Forces, Norfolk, Va.

DEAR SIR: I have just received a note from my wife which greatly increases my anxiety for an immediate exchange. I have received an appointment to the presidency of a college in Oregon which I propose to accept. I wish to make arrangements for as early removal thither as possible. Can you do anything toward obtaining my release? If you are unable to do anything yourself will you please communicate the facts to the authorities at Richmond and likewise at Washington? Captain Shiver will add a note to this upon the same subject.

Hoping for a favorable and speedy issue of the matter, I am, sir, very respectfully, your obedient servant,

GEO. W. DODGE, Chaplain Eleventh Regiment New York Volunteers.

[Indorsement.]

JANUARY 27, 1862.

Respectfully referred to Major-General Wool, who has been previously informed that the Government of the Confederate States is ready to exchange prisoners on the usual terms of civilized nations.

BENJ. HUGER, Major-General, Commanding.

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HEADQUARTERS, Cumberland Gap, January 30, 1862.

Col. T. T. GARRARD, Commanding Seventh Regiment Kentucky infantry.

SIR: Your polite communication of the 28th instant proposing an exchange of prisoners has been received and forwarded to General Crittenden for his orders in the premises. As soon as an answer is received from General C. I will communicate with you on the subject. I do not doubt that the proposed exchange will be mutually desirable. To expedite the exchange I respectfully suggest that if you deem it proper you may at once send the prisoners in your custody to some point near this post, and I promise on my part that on receiving them from your escort I will place in their hands an equal number of Federal {p.228} prisoners of like grade, conforming as far as practicable to your wishes as to the particular individuals to be so delivered in exchange.

I have the honor to be, with respect,

JAMES E. RAINS, Colonel, Commanding Post.

[Indorsement.]

HDQRS. FIRST DIVISION, DEPARTMENT OF THE OHIO, Somerset, Ky., February 5, 1862.

Respectfully forwarded. The above letter is in reply to Colonel Garrard’s letter regarding the exchange of Humphrey Jackson and his three sons, Stephen, Abner and Henry, captured by the secession troops in their retreat from Rock Castle Hills.

GEO. H. THOMAS, Brigadier-General, U. S. Volunteers, Commanding.

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ASSISTANT QUARTERMASTER’S OFFICE, Fort Monroe, Va., January 30, 1862.

Capt. BENJAMIN HUGER, Jr., Assistant Adjutant-General, Department of Norfolk, Va.

CAPTAIN: Some time since Major-General Huger very kindly furnished Major-General Wool a list of prisoners of war at different points, omitting, however, the Richmond list. I have yet in hand a quantity of United States Government clothing which I desire to send to the Richmond prisoners as soon as I learn their number. I will thank you to send me the number now remaining at Richmond at your earliest convenience that their necessities may be supplied.

I should prefer to have a list of them if possible, although the number alone will suffice if the list cannot be had.

I am, very respectfully, your obedient servant,

GRIER TALLMADGE, Assistant Quartermaster.

[Indorsement.]

Received Norfolk January 30. Same day wrote General Winder for list and informed Captain Tallmadge thereof.

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WHEELING, January 30, [1862].

Brig. Gen. W. S. ROSECRANS, Commanding Department of West Virginia.

SIR: In reply to the communication addressed to you by a “Follower of the Cross” respecting the condition of the prison and its inmates under my charge I have to request that you appoint some one to examine its and their condition and report to you. Changes have been daily made to improve the appearance of the prisoners, and the only obstacle I have found in the way was their own disposition to be filthy and neglect cleanliness. The prison has been completely whitewashed and every article furnished to keep it clean. The commissary department is well attended to. It is true the prisoners need clothing which Lieutenant-Colonel Hubbard was directed some time ago to furnish them, as the “Followers of the Cross” did not carry out their benevolent designs to attend to it, though repeatedly furnished with lists of what was necessary.

Very respectfully,

JOSEPH DARR, JR., Major and Provost-Marshal.

{p.229}

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NEW YORK, January 30, 1862.

Hon. W. H. SEWARD, Secretary of State, Washington, D. C.

DEAR SIR: I was mate of the brig Joseph and was captured by the privateer Savannah; was carried into Georgetown [S. C.] where I was a prisoner three months. When 1 was sent North on my way to Richmond all of my clothes were stolen. On account of my long confinement South when I got to Philadelphia I had to go into the hospital where I had to remain one month, when I started for this place, destitute, on my way home, when I was arrested by the U. S. marshal as a witness to appear against the officers and crew of the Savannah. They had their trial and the jury did not agree. Was put into the house of detention where I have been 108 days, and to-day I have been discharged without money and clothes. When I called upon the U. S. marshal and U. S. district attorney for my witness fees they said they had no money to pay me. I wanted them to give me a written order of detention so that I could use it as money. I thankfully appeal to you in my destitution, &c.

Yours, respectfully,

HORACE W. BRIDGES, Late Mate of Brig Joseph.

Please address care of Thompson D. Hunter, New York.

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DEPARTMENT OF STATE, Washington, January 31, 1862.

Maj. Gen. JOHN E. WOOL, Fortress Monroe, Va.

GENERAL: I have received your letter of yesterday, accompanied by one addressed by Mr. Benjamin to Mr. S. L. M. Barlow, of New York.

You have decided with your usual propriety in sending me Mr. Benjamin’s letter. The one, however, to which it is a reply * was written with the consent of the authorities here.

I am, general, your very obedient servant,

WILLIAM H. SEWARD.

* See Seward to Wool, December 17, p. 162, with inclosure to Benjamin.

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DEPARTMENT OF STATE, Washington, January 31, 1862.

To ROBERT MURRAY, Esq., U. S. Marshal, New York.

SIR: You will please transfer all prisoners charged with piracy to Fort Lafayette, New York Harbor, and report their names, the date of their arrest and the name of the vessel upon which they were employed to this Department. This does not include offenders against the laws for preventing the slave trade.

I am, &c.,

WILLIAM H. SEWARD.

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DEPARTMENT OF STATE, Washington, January 31, 1862.

WILLIAM MILLWARD, Esq., U. S. Marshal, Eastern District of Pennsylvania, Philadelphia.

SIR: You will please transfer all prisoners charged with piracy, including William Smith who has been convicted, to Fort Lafayette, New York Harbor, and report their names, the date of their arrest and {p.230} the name of the vessel upon which they were employed to this Department. This does not include offenders against the laws for preventing the slave trade.

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

WILLIAM H. SEWARD.

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WAR DEPARTMENT, Washington, January 31, 1862.

The Rev. Bishop EDWARD R. AMES and Hon. HAMILTON FISH.

GENTLEMEN: I have the honor to inform you that $20,000 in coin has been deposited to your credit with the assistant treasurer of the United States in New York City, subject to your draft individually or jointly.

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

EDWIN M. STANTON, Secretary of War.

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ORDERS, No. 15.}

WAR DEPARTMENT, Washington, January 31, 1862.

Ordered, That officers and soldiers of the United States who are or may be prisoners of war shall during their imprisonment be considered entitled to and receive the same pay as if they were doing active duty.

EDWIN M. STANTON, Secretary of War.

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An act of Congress to provide for furnishing prisoners of the U. S. Army in the revolted States with clothing and other necessary supplies.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be and he is hereby authorized and directed to furnish the prisoners of the U. S. Army in the revolted States with clothing and other necessary supplies so far as the same is practicable, and for this purpose he is authorized to employ such agencies as he may deem necessary.

[Became a law in January, 1862.]

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WAR DEPARTMENT, Washington, February 1, 1862.

Bishop AMES, Baltimore:

It will be necessary in order to procure list of prisoners to delay Mr. Fish here until to-morrow and possibly until Monday.

E. M. STANTON, Secretary of War.

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SURGEON-GENERAL’S OFFICE, February 1, 1862.

Brig. Gen. L. THOMAS, Adjutant-General.

SIR: In conformity with instructions from the War Department and Adjutant-General’s Office dated January 30, 1862, instructions have been given to Surg. R. S. Satterlee, medical purveyor at New York, to send to Fort Monroe medical supplies for 3,000 men (prisoners of war) and to Surg, J. M. Cuyler to receive and issue such supplies.

Very respectfully, your obedient servant,

C. A. FINLEY, Surgeon-General.

{p.231}

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QUARTERMASTER-GENERAL’S OFFICE, Washington, February 1, 1862.

Lieut. Col. WILLIAM HOFFMAN, Superintendent Prisoners’ Depot, Sandusky, Ohio.

COLONEL: Your letter of the 27th ultimo is received. Requisitions were made in your favor some time since. The delay in answering them is at the Treasury and is beyond the control of this department. The account which you give of the conduct of your contractor is very satisfactory, and I regret that the condition of the Treasury prevents the Secretary from promptly filling my requisitions and paying off these just debts.

Very respectfully, your obedient servant,

M. C. MEIGS, Quartermaster-General.

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HEADQUARTERS, Centerville, February 1, 1862.

Maj. Gen. GEORGE B. MCCLELLAN, Commanding U. S. Army.

SIR: I am instructed by the Secretary of War of the Confederate States to Propose to you to enter into arrangements for an exchange of prisoners of war on terms in accordance with the usages of civilized warfare. This proposition is intended to be general; to embrace not merely the prisoners of war taken by the armies near the Potomac but to apply to those taken by all the forces of either belligerent. The terms of exchange which seem to me appropriate are those which have been established in modern war-equal exchange of those having similar rank and equivalent values where there is not equality of rank.

In the hope that your answer will be favorable and that we may thus together take at least one step to diminish the sufferings produced by this war, I have the honor to be, your obedient servant,

J. B. JOHNSTON, General, C. S. Army.

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HEADQUARTERS DEPARTMENT OF THE OHIO, Louisville, Ky., February 2, 1862.

General A. S. JOHNSTON, Confederate Army, Commanding at Bowling Green, Ky.

SIR: Surgeon Cliffe, of your army, a prisoner of war to mine, has expressed a strong desire to be exchanged and has suggested that it could be effected with Captain Prime, U. S. Army, a prisoner of war in your hands. Accordingly at his own instance I have released him on parole to give him an opportunity to solicit the exchange, as well as that of Major Helveti, Kentucky Cavalry, for Surg. J. E. Dulaney, of your army. The conditions of Doctor Cliffe’s parole are that he will not give or convey any information that might prejudice the interests of the United States and that if he fails to accomplish his object within ten days he will at the expiration of that time consider his parole canceled and report himself in person at my headquarters in this city.

This may be a fitting occasion and I avail myself of it to propose to you a general exchange of prisoners, grade for grade. If you see fit to accede to this proposition I will at once designate an officer to confer with one of corresponding rank whom you may appoint so that the matter can be arranged without delay.

Very respectfully, your obedient servant,

D. C. BUELL, Brigadier. General, Commanding.

{p.232}

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DEPARTMENT OF STATE, Washington, February 3, 1862.

ROBERT MURRAY, Esq., U. S. Marshal, New York.

SIR: Herewith I inclose two letters* from gentlemen who have been detained for a considerable period of time as witnesses against persons charged with piracy. Their cases appear to be hard, and it seems to be but just that they should be remunerated for their time while so detained. It is hoped that some proper provision may be made for them in that respect.

I am, &c.,

WILLIAM H. SEWARD.

* Not found but see Bridges to Seward, January 30, p. 229.

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OFFICE OF THE U. S. ATTORNEY, Philadelphia, February 3, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: The marshal of the United States for this district having exhibited to me your letter of the 31st ultimo directing him to transfer to Fort Lafayette all prisoners in his custody charged with piracy, including the convict William Smith, I immediately caused a writ of habeas corpus to issue for the production in court this day of the bodies of the prisoners. At the time appointed for the return of the writ I appeared in court with the counsel of the defendants and moved on behalf of the United States that they be transferred into military custody from whence they came. The learned judge of the district court then propounded to each of the prisoners the inquiry whether they had any objection to being so transferred. The reply of each was that he had no objection, whereupon an order was made in accordance with my motion.

It is perhaps proper that I should inform you that not a few of these prisoners claim to be loyal citizens and desire to take the oath of allegiance to the Government of the United States. I desire also to state that one of the prisoners, C. H. Marriott, who was a member of the Petrel crew, is said to be a deserter from the U. S. Marine Corps. I transmit herewith three affidavits* to the effect that said Marriott deserted from the service of the United States in April of last year. He is thus an offender against the military code as well as a violator of the municipal law. I thought it well that the Department should be aware of the fact that such a charge is made against this prisoner before any arrangement is effected for the final disposition of him.

I have the honor to be, with high respect and esteem, your obedient servant,

J. HUBLEY ASHTON, Assistant U. S. Attorney.

* Omitted as irrelevant.

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HDQRS. OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, February 3, 1862.

COMMANDING GENERAL ARMY OF THE POTOMAC.

SIR: The Secretary of War directs that you cause to be sent to Fort Monroe the following-named prisoners of war confined in this city that they may be released by Major-General Wool: Frank de Caradene, lieutenant, Seventh South Carolina Volunteers; William D. Farley, captain, First South Carolina Volunteers; Fred. Hildebrand, private, {p.233} Thirtieth Virginia Volunteer Cavalry; A. M. Whitten, private, Thirtieth Virginia Volunteer Cavalry; Robert R. Moss, private, Tenth Alabama Volunteer Infantry; James Williamson, private, Tenth Alabama Volunteer Infantry; Patrick Hughes, private, First Kentucky Volunteer Infantry; F. E. Long, corporal, First Kentucky Volunteer Infantry; William Nelson, private, First Kentucky Volunteer Infantry; William Morris, private, Tenth Alabama Volunteer Infantry; Alexander Maxwell, private, Sixth Virginia Cavalry; William H. Dennis, private, Sixth Virginia Cavalry; Thomas H. Dunham, sergeant, Sixth Virginia Cavalry. Transportation will be furnished.

I am, sir, &c.,

L. THOMAS, Adjutant-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., February 3, 1862.

Maj. Gen. B. HUGER, Commanding at Norfolk.

SIR: I hasten to transmit a communication just received from Colonel Dimick addressed to you of the 31st instant in which you will perceive that 4 captains, 11 lieutenants and 380 rank and file will leave Fort Warren on the 3d instant via Fort Monroe for Norfolk.

I will thank you to inform me as soon as practicable if you will receive them as I have no accommodations for the prisoners. I should be glad to forward them as soon as they arrive.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

[Inclosure.]

FORT WARREN, Boston Harbor, January 31, 1862.

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

GENERAL: I have the pleasure to acknowledge yours of the 20th, and I have to inform you that immediately on its receipt I required transportation for 4 captains, 11 lieutenants and 380 rank and file to Fort Monroe. The transport will sail on the 3d of February. I also send 4 colored men, servants to the officers taken at Hatteras, and I have to request in exchange Frank W. Welch, a free colored man, a servant to a Connecticut volunteer officer, and also any other free colored men who may have been taken while employed as servants to officers. Much interest has been made to procure the exchange of G. W. Ward, of D Company, - Ohio Volunteers, said to be held a prisoner at Baton Rouge; if not too inconvenient I should be pleased to procure his release.

Of the list of seamen you sent me Charles Barkley* has been taken to New York; Ed. With has never been here. All the other men on that list are to be released and sent South. This I learn by a letter from the Secretary of the Navy, who wrote to me for the names of the men stating it was for that purpose. Captain Berry** is held as a prisoner of state. Should he be placed in a position to be exchanged, which I think will be done, then I will most cheerfully exchange him.

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

JUSTIN DIMICK, Colonel First Artillery, Commanding Post.

* For case of Barkley see Vol. II. this Series, p. 544 et seq.

** For case of Berry, see Vol. II, this Series, p. 933 et seq.

{p.234}

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ARLINGTON, February 3, 1862.

Major-General MCCLELLAN:

My aide-de-camp has just returned from the bearer of the flag of truce* and brings word from him as follows: That General Johnston wished him to bring back the answer himself if possible, and that if there is any chance of his being able to do so in all of to-morrow that he would stay for it; if not he would like to know in the forenoon as early as may be convenient.

IRVIN MCDOWELL, Brigadier-General.

* With Johnston’s letter to McClellan, February 1, p. 231.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., February 3, 1862.

Brig. Gen. L. THOMAS, Adjutant-General, Washington, D. C.

GENERAL: Herewith I transmit a copy of a communication from Colonel Dimick to Major-General Huger at Norfolk* by which you will perceive a large number of prisoners are to be sent South via Fort Monroe. By an order transmitted through Maj. Gen. John A. Dix dated 27th of January, 1862, all prisoners of war are to be detained at Fort Monroe until further orders. As I have no place for these prisoners of war, every building being occupied, I beg to know what shall be done with them. I have four already on the Rip Raps, having no other place to put them. Is it intended that prisoners on parole shall be confined? To be permitted to run at large appears to be highly improper. As the prisoners will leave Boston on the 3d instant I am in hopes you will be able to give me a reply by the time they arrive. To-morrow I will send Colonel Dimick’s letter to General Huger.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

* Omitted here; Dimick to Huger, January 31, p. 233.

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GENERAL ORDERS, No. 5.}

HDQRS. DEPARTMENT OF NORTH CAROLINA, Pamlico Sound, February 3, 1862.

...

Wounded soldiers will be treated with every care and attention and neither they nor prisoners must be insulted or annoyed by word or act. With the fullest confidence in the valor and character of his troops the commanding-general looks forward to a speedy and successful termination of the campaign.

By command of Brig. Gen. A. E. Burnside:

LEWIS RICHMOND, Assistant Adjutant-General.

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ATTORNEY-GENERAL’S OFFICE, February 4, 1862.

The PRESIDENT.

SIR: I have just received since nightfall your note* of this day requiring my opinion upon a question of law relating to the case of one {p.235} Gordon, lately convicted of piracy and sentenced to be hanged upon the 7th of this month, and as the time is short I proceed to answer it without delay.

The question is, can you lawfully grant to the convict a respite of his sentence without relieving him altogether of the death penalty? I have no doubt that you can. The Constitution (Article II, section 2) plainly gives you power to grant reprieves as well as pardons, and that without any exception but cases of impeachment. A reprieve does not annul the sentence as a pardon does. It only prolongs the time and fixes a day for execution different from and more distant than the day fixed by the court. You have exercised the power with my full concurrence. In the case of the three sailors sentenced to be hanged for murder on the high seas you first granted them a respite for four months and afterward commuted their sentence for a term of imprisonment.

My answer is confined to the single question of your lawful power to do the thing which is clear and plain. I say nothing about the justice or expediency of using the power because upon that branch of the subject no question is propounded to me.

I have the honor to be, with the greatest respect, your obedient servant,

EDWARD BATES.

* Not found.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fortress Monroe, Va., February 4, 1862.

Maj. Gen. BENJAMIN HUGER, Commanding at Norfolk, Va.

GENERAL: The Rev. Bishop Ames and the Hon. Hamilton Fish have been appointed visitors by the Secretary of War for the purpose of visiting and relieving the prisoners belonging to the Army of the United States now held as captives at Richmond and elsewhere in the South and for other purposes, as indicated in the instructions to the visitors, a copy* of which is herewith inclosed.

These honorable gentlemen visitors propose to enter upon their humane and merciful mission if permitted to do so as soon as some 400 prisoners arrive from Fort Warren, of which you have already received notice, under such restrictions as may not be incompatible with the execution of their mission. If the permission is granted they will accompany the prisoners to Norfolk anticipating that you will previously transmit to me such safeguards as will secure their protection and the execution of their merciful and important functions, with the assurance that whatever is granted to them will be extended to any visitors that you may think proper to send to the United States having the same objects in view.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

* Omitted here; Stanton to Fish and Ames, p. 222.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., February 4, 1862.

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

SIR: Herewith you will receive by this day’s flag of truce Capt. William D. Farley, First South Carolina Volunteers; Lieut. Frank {p.236} de Caradene, Seventh South Carolina Volunteers, to be exchanged for officers of the same rank. Also Sergeant Thomas H. Dunham, Sixth Virginia Cavalry; Corpl. F. E. Long, First Kentucky Volunteer Infantry; Private Frederick Hildebrand, Thirtieth Virginia Volunteer Cavalry; Private Robert R. Moss, Tenth Alabama Volunteer Infantry; Private James Williamson, Tenth Alabama Volunteer Infantry; Private Patrick Hughes, First Kentucky Volunteer Infantry; Private William Nelson, First Kentucky Volunteer Infantry; Private William Morris, Tenth Alabama Volunteer Infantry, to be exchanged for men of the same grade. I am desired to propose the exchange of Lieut. Col. W. A. Nichols, a major when taken, and Capt. Frederick E. Prime for some prisoners of like rank in our hands. The former officer is on parole; the latter is still a prisoner.

I have not yet been informed whether any prisoners of war are confined at Fort Delaware.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., February 4, 1862.

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

SIR: I send herewith by flag of truce the following persons: Capt. W. A. Duke, North Carolina Volunteers, a prisoner of war from Fort Warren, who is on parole for thirty days unless within that time Capt. James A. Farrish, Seventy-ninth New York Volunteers, be unconditionally released and put at liberty at Fort Monroe, but should Captain Farrish be already released then some other officer of equal rank may be unconditionally released; Second Lieut. George W. Daniel, North Carolina Volunteers, a prisoner of war who is on parole for thirty days unless within that time Second Lieut. John W. Dempsey, Second New York State Militia, be unconditionally released and set at liberty at Fort Monroe; Lieuts. William Shaw, of Washington, N. C., and William B. Wise, Murfreesborough, North Carolina Volunteers, who are on parole for thirty days unless within that time Lieut. A. J. Underhill, Eleventh New York Volunteers, and Lieut. Samuel Irwin, Second New York State Militia, be unconditionally released and put at liberty at Fort Monroe, but should either of the last-named officers be already released then some other lieutenant may be unconditionally released.

Upon the above conditions being complied with the parties interested may consider themselves released from their parole.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

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SAINT LOUIS, February 4, 1862.

Lieut. Col. S. BURBANK, Commanding at Alton, Ill.

COLONEL: You are hereby placed in charge of the prisoners of war at Alton. A list of them will be furnished you by the officer now having charge of them. You will arrange so that the officers may be confined apart from the men. The medical officer of your command will have the general charge of the sick, aided by the surgeons, prisoners of war. The sick prisoners of war will be in all respects treated as our own sick soldiers.

{p.237}

The two officers next in rank to yourself and the surgeon of your command will be constituted a board to examine and decide what articles of clothing are necessary for the health and proper cleanliness of the prisoners where not furnished by their own Government or friends, and you will make the necessary requisitions on the quartermaster’s department at Saint Louis for such articles as may be needed. The prisoners will be required to sign a receipt for any articles of clothing issued to them the same as in the case of our enlisted men, the issue in all cases to be witnessed by a commissioned officer.

The prisoners will be divided into squads for police purposes, to which squads a chief will be appointed by you or elected by themselves as you may judge best. You will cause an officer to be detailed from your command to take charge of the police of the prison who will be placed permanently upon that duty or detailed weekly or daily for that purpose as you may deem best, and who will see that the prisoners police their quarters daily in a thorough manner; those refusing to do so will be punished by confinement in the cells until they are willing to do their duty to themselves in this matter. You will see that facilities are furnished to enable the prisoners to wash their persons frequently. To this end you will make such requisitions for required articles as may be needed on the quartermaster’s department at Saint Louis. Whenever the weather permits you will cause the prisoners to exercise in the open air and also to hang out their blankets and other articles of bedding. You will furnish facilities for washing their clothes. You will see that a sufficient supply of medicines and hospital stores are provided by the medical officer of your command. The chief commissary at Saint Louis will inform you what arrangements have been made for the proper supply of provisions for the prisoners, who will be supplied the same as our own troops. You will frequently inspect their rations and see that they are properly cooked and of good quality. Their chaplains will be allowed free intercourse with the prisoners to give them religious instruction and consolation. Those who may die will be decently interred and a proper mark affixed to their place of burial, which will be within the usual grounds set apart for that purpose in the city of Alton. This you will arrange with the proper authorities. You will receive and distribute any articles of clothing or comfort which may be sent to the prisoners by their friends, and will permit them to receive from or transmit to their friends open letters to be inspected by you or by one of your officers charged with this duty which may be addressed to your care or forwarded through you.

Every measure will be adopted by you to insure their safe custody. At the same time you will exercise toward them every dictate which enlightened humanity prompts and the laws of war permit. You will cause receipts to be signed by the prisoners for all articles sent to them by friends, whether money or in kind, which receipts will be filed in your office as evidence of the delivery of the articles sent. Money will only be furnished to them in such quantities as may be necessary for their current wants. At Fort Warren it is understood the commanding officer receives funds sent to prisoners and disburses them upon their order, keeping a regular account with each. This would perhaps be the best way to proceed.

Prisoners of war holding commissions in the enemy’s service will be allowed on parole the limits of the city of Alton in the daytime or be allowed to reside in the city on parole if in your discretion you may deem proper. All such paroles will be given in writing in triplicate, one copy being given to the prisoner, one retained by you and the third sent to the adjutant-general of the department.

{p.238}

You will make monthly reports to these headquarters with full list of prisoners, noting all changes during the month, whether exchanged, released on parole, died, discharged, &c. You will distinguish in such report between those merely held in custody as prisoners of war and those under charges or sentence of court-martial or military commission.

Very respectfully, your obedient servant,

H. W. HALLECK, Major-General.

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ARLINGTON, February 4, 1862.

Brig. Gen. S. WILLIAMS:

Brigadier-General Wadsworth informs me that the bearer of the flag of truce was still waiting at the outposts. Is it possible for him to be informed early in the morning whether the answer will be sent to him in the course of the day?

IRVIN McDOWELL, Brigadier-General.

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LOUISVILLE, KY., February 4, 1862.

Maj. Gen. GEORGE B. MCCLELLAN, Washington, D. C.:

I have proposed to Johnston [A. S.]* an exchange of prisoners. I shall only include those belonging to my command and shall then have some left.

D. C. BUELL, Brigadier-General, Commanding.

* Reference to letter of February 2, p. 231.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Sandusky, Ohio, February 4, 1862.

Capt. F. MYERS, Assistant Quartermaster, Columbus, Ohio.

CAPTAIN: Can you furnish blankets for the depot of prisoners of war to be used by prisoners on my requisition?

Very respectfully, your obedient servant,

W. HOFFMAN, Lieut. Col. Eighth Infantry, Commissary-General of Prisoners.

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DEPARTMENT OF STATE, Washington, February 5, 1862.

Maj. Gen. GEORGE B. MCCLELLAN, Washington.

GENERAL: I have the honor to inclose herewith a letter* from James H. Causten, esq., of this city, relative to an exchange for his son, Manuel C. Causten, a prisoner of war now confined at Richmond, Va., and would recommend that such an exchange be made if possible.

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

F. W. SEWARD, Assistant Secretary.

* Not found, but see Vol. I, this Series, p. 595, and Vol. II, this Series, pp. 171 et seq., 277, 308, and 1401 et seq., for reference to Causten’s case.

{p.239}

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DEPARTMENT OF STATE, Washington, February 5, 1862.

ROBERT MURRAY, Esq., U. S. Marshal, New York.

SIR: I have to acknowledge the receipt of your communication* of the 4th instant reporting that you had transferred all the privateers confined in the city prisons of New York to Fort Lafayette except two, Thomas Palmer and John O’Brien, who are invalids. You further report that you delivered Mr. Palmer to the Sisters of Mercy and sent Mr. O’Brien to the lunatic asylum on Blackwell’s Island. In reply I have to inform you that your proceedings are entirely approved.

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

F. W. SEWARD, Assistant Secretary.

* Not found.

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HEADQUARTERS OF THE ARMY, February 5, 1862.

Brigadier-General MCDOWELL, Arlington:

General McClellan desires that you direct the staff officer who received the dispatch from Lieutenant-Colonel Harrison (from General J. E. Johnston) to give him a written receipt for it and inform him that it has been duly transmitted to headquarters and to state to him verbally that he need not wait for a reply.

S. WILLIAMS, Assistant Adjutant-General.

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HEADQUARTERS OF THE ARMY, February 5, 1862.

Brigadier-General BUELL, Louisville, Ky.:

General McClellan says you can make arrangements to exchange your prisoners and desires to be informed how many are left after the exchange is made.

A. V. COLBURN, Assistant Adjutant-General.

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ARLINGTON, February 5, 1862.

General WILLIAMS:

I have just received the following:

UPTON’S HILL.

Capt. S. BRECK, Assistant Adjutant-General:

I received below late last night. I sent out your telegram advising that answer could not be expected before 9 o’clock this morning.

JAMES S. WADSWORTH, Brigadier-General.

OUTPOST, McDOWELL’s DIVISION, February 5.

General WADSWORTH:

May I ask the favor of you to endeavor to procure for me from General McClellan an official acknowledgment of the receipt of the dispatches borne by me and information respecting the time when I may expect an answer or if it be necessary for me to remain longer and the means to be employed in forwarding a reply to General Johnston? As yet I am in entire suspense on these questions and am unable to determine whether to return or remain longer.

Hoping to hear from you at your earliest convenience and with thanks for your polite attention, I am, sir, very respectfully,

JULIEN HARRISON, Lieutenant-Colonel Sixth Virginia Cavalry.

{p.240}

The confidential communication from the major-general direct was acted upon immediately on its receipt and Lieutenant Drouillard communicated its purport to Lieutenant-Colonel Harrison on the evening of the 3d instant, and on his return I telegraphed the major-general that the bearer of the flag was anxious to carry the answer back himself if possible and would wait all of the 4th if there was any chance of his being able to do so, and if not he would like to know early in the forenoon-that is of yesterday. Yesterday I telegraphed you and saw you personally on the subject.

IRVIN MCDOWELL, Brigadier-General, Commanding Division.

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HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, February 5, 1862.

Brigadier-General CURTIS, Commanding Southeast District, Lebanon, Mo.:

The commanding general directs you to place in possession of this office at once your correspondence with General Price, Missouri State Guard, in relation to the exchange of prisoners of war.

Respectfully, your obedient servant,

J. C. KELTON, Assistant Adjutant-General.

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WASHINGTON, February 5, 1862.

Hon. E. M. STANTON, Secretary of War.

MY DEAR SIR: Permit me first to thank you for the beneficent change of policy in regard to the exchange of prisoners of war for which I am perfectly aware that the country is indebted to your exertions. Had Colonel Pegram waited but a few days there would have been no obstacle in the way of his effecting the exchange contemplated. It is understood, however, that he was exchanged for Lieutenant-Colonel Bomford. We have at Fort Warren a Commodore Barron. The enemy have as prisoner of war no officer of corresponding rank in Navy. Permit me to suggest the exchange of Barron for Willcox. I am perfectly content to leave this case in your charge, but take the liberty of making this suggestion as you have so many duties pressing on your attention and for the present I have nothing but this. If I seem importunate I trust the circumstances of the case will excuse it.

With great respect, your most obedient servant,

E. FARNSWORTH.

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Joint resolution of the Senate and House, approved February 6, 1862.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be authorized to procure from such officers and enlisted men of the United States Army as are now or hereafter may be held as prisoners of war in the so-called Confederate States from time to time their respective allotments of their pay to their families or friends, certified by them in writing and duly attested in pursuance of such orders as may be made for that purpose by the Secretary of War, and upon which certified {p.241} allotment the said Secretary of War shall cause drafts to be made payable in the city of New York or Boston to the order of such persons to whom said allotments were or may be made, and to remit drafts to the address of such person as may be designated in said allotment tickets.

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DEPARTMENT OF STATE, Washington, February 6. 1862.

Hon. GIDEON WELLES, Secretary of the Navy, Washington.

SIR: Herewith I have the honor to inclose a letter from Mr. P. N. Spofford, of this city, relative to the exchange of Capt. J. T. Morrill, who commanded the steamer Osceola which was attacked on the Carolina coast in the gale of October last resulting in the capture by the insurgents of Captain Morrill, his officers and crew, and would recommend that an exchange be made if possible.

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

F. W. SEWARD, Assistant Secretary.

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HEADQUARTERS DISTRICT OF CAIRO, Fort Henry, February 6, 1862.

General E. A. PAINE, Commanding, Cairo, Ill.:

You will have to make the best disposition you can of the mutinous prisoners sent from Saint Louis until I return. The prisoners of war if you have no further instructions about them will be placed in a set of the company quarters occupied by General McClernand’s command and guarded. They can have no accommodations better than soldiers, and must live upon soldiers’ rations, cooked by themselves. Officers will receive the same unless paid for by themselves. You can put ammunition in the casemate in Fort Cairo. If further facilities are still required make inquiries of Mr. Sanford, ordnance officer of the Navy, the best means to adopt, and if it conforms to your views adopt them.

U. S. GRANT, Brigadier-General, Commanding.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Sandusky, Ohio, February 6, 1862.

General M. C. MEIGS, Quartermaster-General U. S. Army, Washington.

GENERAL: I have the honor to acknowledge the receipt of your letter of the 29th ultimo in relation to clothing at Harrisburg and I desire to say in reply that all the articles will probably be required at this depot except a portion of the great-coats; of these not more than twenty-five will be required. I request that the clothing may be forwarded immediately as it will be desirable to throw away many of the filthy garments which the prisoners will have on when they arrive here.

Very respectfully, your obedient servant,

W. HOFFMAN, Lieut. Col., U. S. Army, Commissary-General of Prisoners.

{p.242}

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OFFICE ASSISTANT QUARTERMASTER, U. S. ARMY, Columbus, Ohio, February 6, 1862.

Lieut. Col. W. HOFFMAN, Eighth Infantry, U. S. Army, Sandusky, Ohio.

COLONEL: Your favor of 4th instant has been received and contents noted. In answer I have to inform you that I will issue blankets and clothing upon requisition of your quartermaster.

Very respectfully, your obedient servant,

FRED. MYERS, Captain and Assistant Quartermaster.

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COLUMBIA JAIL, S. C., February 6, 1862.

Hon. ELIJAH WARD.

MY DEAR SIR: Having been a prisoner of war nearly seven months I have thought proper to address you on behalf of my fellow-prisoners and myself.

Until recently the field officers particularly were confined in the condemned cells at Charleston jail. In the way of comfort the Tombs in New York are as a palace compared to them; our fare coarse but good. We have been thus confined on account of the privateers in retaliation for the treatment they experienced at the hands of our Government. Now I have nothing to say in regard to their reputation or conduct, but this I will say-it is the first case of the kind where colonels, lieutenant-colonels and majors have been held for common seamen.

There are a number of New York City officers, several of them resident in your district. I hope you will interest yourself in their behalf and endeavor to have them exchanged at an early day. As for the field officers who are at present confined with me-viz Col. Michael Corcoran, New York City, Colonel Woodruff, Kentucky, Lieutenant-Colonel Neff, Col. O. B. Willcox, Michigan, and myself; hailing from New York and California-we neither expect an exchange or release from our present most unpleasant position until the privateers are placed in same relation as other prisoners of war.

If the Government intends to hang them [the privateers] you will oblige by ascertaining about the time this happy event for us is to take place, for in that case we can look forward to something definite and besides I require a short time for preparation.

I have written hoping you will use your influence in behalf of the prisoners. Please co-operate with Senators Latham, McDougall and members of Congress from California. Please answer.

Yours, respectfully,

JAMES D. POTTER, Major Thirty-eighth New York Volunteers.

P. S.-Anything would be preferable to this most intolerable suspense which we have been in for the last four months. Please mention the name of Captain Fish to Senators Latham and McDougall. He hopes they will urge his exchange as several captains have been exchanged who were taken several months later than he was. You will confer a favor by joining those gentlemen in his behalf. He is a most valuable and useful officer.

Yours, truly,

J. D. P.

{p.243}

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FORT LAFAYETTE, February 6, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

DEAR SIR: I was captured on the privateer Petrel, and being a native of Western Maryland I do not desire to again go South on any condition and am willing to take the oath of allegiance in order to be released. I was in Charleston, S. C., when the war commenced and was cut off from all communication with my friends in Maryland, and the consequence was I had to do something for a living and joined the Petrel, for if I had even so much as spoken in favor of the United States Government I would have been tarred and feathered or cast into prison and otherwise been treated badly, as the feeling in the South at the time was very strong against Union men. All my relatives and friends are strong Unionists. My uncle, Col. Thomas Hammond, is a member of the Maryland Legislature at present, and ex-Governor Thomas, now a Member of Congress from the Sixth District of Maryland, is also previously acquainted with Colonel Hammond. There are also three others here that also desire to take the oath, and request me whilst writing to you to also mention their names-Richard Lewis, a native of New York, and Thomas A. Brookbanks, a native of Philadelphia. They are both from the Petrel and joined through motives similar to myself. The other is Thomas Quigley, of the Jeff. Davis, who was previously on board of her. You will oblige me much by giving the above your prompt attention as we all are anxious to leave.

I am, with great respect, yours, very respectfully,

C. H. MARRIOTT.

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HEADQUARTERS WESTERN DEPARTMENT, Bowling Green, Ky., February 6, 1862.

Brig. Gen. D. C. BUELL, U. S. Army, Commanding, Louisville, Ky.

SIR: Your letter of February 2 by Surgeon Cliffe, of this army, was handed to me this morning. I accept your offer to exchange Captain Prime, U. S. Army, for Surgeon Cliffe, and Major Helveti, Kentucky cavalry, for Surg. J. E. Dulaney, C. S. Army. These gentlemen, Captain Prime and Major Helveti, now on parole in the city of Nashville, will be sent to you as soon as the condition of their wounds permits them to make the journey. Whether such is just now their condition I am uninformed. Should they be obliged to remain here beyond the date of the expiration of Surgeon Cliffe’s parole I will assume your extension of that parole unless otherwise advised by you.

I accept your proposition for a general exchange of prisoners, grade for grade. I designate General T. C. Hindman, C. S. Army, my representative to confer with any officer of like grade from the Army of the United States that the matter may be arranged without delay. This seems to me a fitting occasion in which to propose that the surgeons and assistant surgeons of the respective armies which you and I command be not held in future as prisoners of war but be returned to their respective armies when their services are no longer required with the wounded on whom they are attending.

Very respectfully, your obedient servant,

A. S. JOHNSTON.

{p.244}

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., February 7, 1862.

General HUGER.

SIR: I send herewith by flag of truce the following-named persons:

1. Julian Myers, a prisoner from Fort Warren who is on parole for forty-five days unless within that time Capt. Zenas R. Bliss, U. S. Army, shall be unconditionally released and put at liberty at Fort Monroe.

2. Lieut. S. L. Johnston, North Carolina Volunteers, a prisoner of war from Fort Warren, who is on parole for thirty days unless within that time Second Lieut. Isaac Harris Hooper, Fifteenth Massachusetts Volunteers, be unconditionally released and set at liberty at Fort Monroe.

On the conditions above stipulated being complied with the parties interested will consider themselves released from their parole.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, February 7, 1862.

Maj. Gen. B. HUGER, Commanding at Norfolk.

SIR: I send herewith by flag of truce William J. Willey, Milton J. Ferguson, Hurston Spurlock and William B. Compton, all of whom are released on parole.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

[Indorsement.]

HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., February 7, 1862.

William J. Willey says that he was colonel of a Virginia regiment and thinks he is expected to be exchanged for Lieutenant-Colonel [Colonel] Woodruff, Second Kentucky Regiment.

Milton J. Ferguson states that he was colonel of the One hundred and sixty-seventh Virginia Militia and thinks that he is expected to procure the exchange of Lieutenant-Colonel Neff, Second Kentucky Volunteers.

Hurston Spurlock was a private Thirty-sixth Virginia Regiment, and is to procure the exchange of John Alford, supposed to be a prisoner at Richmond. W. B. Compton was a private when taken and acting as quartermaster.

BENJ. HUGER, JR., Captain and Assistant Adjutant-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., February 7, 1862.

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

SIR: I send herewith by flag of truce and commend to your courtesy and care Mrs. Myra Clark Gaines, Mrs. Rhoda Gaines Whitney accompanied {p.245} by her child and nurse, and James Cardette, all of whom are desirous of proceeding to Louisiana.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

P. S.-I also send a package of letters addressed South.

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HEADQUARTERS DISTRICT OF CAIRO, Fort Henry, February 7, 1862.

General J. A. MCCLERNAND, Commanding First Division:

You will please cause to be furnished from the rebel property captured cooking utensils for 100 men including the usual outfit of tin cups, plates, &c., necessary for a soldier for the use of prisoners taken at this point.

By order of Brig. Gen. U. S. Grant:

[JOHN A. RAWLINS,] Assistant Adjutant-General.

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HEADQUARTERS DISTRICT OF CAIRO, Fort Henry, Tenn., February 7, 1862.

Col. D. STUART, Commanding U. S. Forces, Paducah, Ky.:

Inclosed find a roll* of Confederate prisoners taken at Fort Henry and sent forward for safe-keeping until properly discharged. Security demands that the officers should not be paroled in Paducah but confined to a house (you can select the property of any notoriously disloyal person for the purpose) and not allowed to hold communication by letter or otherwise with citizens except with such restrictions as you may deem prudent. In accordance with orders from headquarters of the department officers and soldiers held as prisoners are allowed U. S. soldiers’ allowance of rations and no more and must cook or provide cooks for themselves. Any article of luxury wanted by the prisoners may be allowed them where they have the means of purchasing themselves, subject to such restrictions only as the commanding officer of the post may impose.

Respectfully, your obedient servant,

U. S. GRANT, Brigadier-General, Commanding.

* Not found.

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HEADQUARTERS SAINT LOUIS DISTRICT, Saint Louis, February 7, 1862.

Col. J. M. TUTTLE, Commanding Second Iowa Volunteers.

COLONEL: As I am informed by General Halleck a portion of General Burbank’s command will proceed to Alton to-day. The commanding officer will telegraph when everything is ready, and it is the intention of General Halleck that a guard for the prisoners to Alton should be {p.246} detailed from Colonel Shepard’s command now at Benton Barracks. Such prisoners now at the military prison and arsenal as the provost-marshal shall designate will be taken to Alton. He will call upon you for a guard to escort them from the military prison to McDowell’s College and the commanding officer at the arsenal will send those in his charge so designated to McDowell’s College under a guard detailed from his command. Those not designated he will retain at the arsenal for trial by military commission. The prisoners now in McDowell’s College the provost-marshal general may name as proper to be kept here will be sent to the military prison for confinement. You will see that transportation for the baggage of the prisoners from the college to the boat is provided. For this you will make requisition on the quartermaster’s department. Being relieved from the custody of the prisoners you will be prepared to move your regiment at a moment’s warning.

Very respectfully, your obedient servant,

SCHUYLER HAMILTON, Brig. Gen. of Vols., U. S. Army, Comdg. Saint Louis District.

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MARSHAL’S OFFICE, EASTERN DIST. OF PENNSYLVANIA, Philadelphia, February 7, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: In accordance with your request of January 31, 1862, I have transferred to Fort Lafayette, New York Harbor, the following-named prisoners with such other information as requested: William Smith, Thomas Quigley, Daniel Mullings and Edward Rochford; were taken from on board of the schooner Enchantress, they being placed on board of said schooner by the Jeff. Davis as a prize crew and afterwards captured by the U. S. steamer Albatross and brought into this port by said steamer. They were arrested by me and taken into my custody on the 2d day of August, 1861. Eben Lane, one of the number captured (there being five in all), was brought into court for trial on the 30th day of October and was acquitted. The others were convicted. William Perry, Richard M. Harvey, Colin Campbell, August Peyrusset, Robert Barnet, Henry Mills, Edward Flynn, Austin C. Williams, Henry Oltmans, Daniel Courtney, John N. Morgan, George Hawkins, A. C. Delahay, John C. Cunningham, Richard R. Jeffers, William H. Hazlehurst, George S. Harrison, John Mack, Hugh Monaghan, William Brain, Michael Dooling, Henry A. Rowan, John Mallings, John M. Dearing, C. H. Marriott, George H. Roberts, Thomas A. Brookbanks, Richard Lewis, Edward Murphy, John H. Edwards, Thomas Woods, John G. S. Tucket, George Sawden and John Cronin. The above-named prisoners are the crew of the Petrel, which was captured by the U. S. frigate Saint Lawrence and brought into this port by the U. S. steamer Flag. They were taken into my custody on the 8th day of August, 1861, with two others, one named Frank Albor, who died in prison November 9, 1861; the other, William Sharkey, who was admitted to bail and is now lying sick in the hospital. The others, thirty-eight in all, were safely landed at Fort Lafayette on the 5th instant.

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

WILLIAM MILLWARD, U. S. Marshal.

{p.247}

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DEPARTMENT OF STATE, Washington , February 8, 1862.

B. T. HALLETT, Esq., Boston.

SIR: I have received your note* of the 6th instant accompanied by a copy of a letter read in Faneuil Hall to an assemblage convened for the purpose of urging the release of hostages and the exchange of prisoners. In reply I have to inform you that measures for those objects have for some time past and still are in progress, and nothing compatible with the dignity of the Government and the public interests shall be omitted for the purpose of accomplishing them.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

* Not found.

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PADUCAH, February 8, 1862.

Major-General HALLECK.

GENERAL: Can General Tilghman and other officers be placed on parole and confined to the limits of Paducah? Answer Colonel Stuart, commanding at Paducah. I would suggest the privilege be given them.

U. S. GRANT, Brigadier-General.

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HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, February 8, 1862.

Colonel STUART, Commanding at Paducah:

They can be released as proposed.

H. W. HALLECK, Major-General.

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HEADQUARTERS SAINT LOUIS DISTRICT, Saint Louis, Mo., February 8, 1862.

Surg. J. J. B. WRIGHT, Medical Director.

DOCTOR: It is absolutely necessary some officers of your department should attend to McDowell’s College to arrange for the disposition of sick prisoners of war. Those who are too sick to be removed (the removal will take place to-morrow) will need to be removed to general hospital under the direction of a medical officer. I mention this for your information.

Very respectfully, your obedient servant,

SCHUYLER HAMILTON, Brig. Gen. of Vols., U. S. Army, Comdg. Saint Louis District.

–––

[FEBRUARY 8, 1862.-For the capture of Roanoke Island and other operations in North Carolina, including the capture of New Berne, March 14, 1862, see Series I, Vol. IX, p. 72 et seq.]

–––

[FEBRUARY 8, 1862.-For General Orders, No. 33, Department of the Missouri, relating to the release of captured medical officers, see Vol. I, this Series, p. 164.]

{p.248}

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WAR DEPARTMENT, Washington, February 9, 1862.

Maj. Gen. J. A. DIX, Baltimore:

Please be in readiness to receive into your custody a prisoner* by the early morning train, in respect to whom if arrested instructions to you will be delivered by the officer in charge. Please acknowledge the receipt of this message when received and postpone your visit to Washington until you hear again from me.

EDWIN M. STANTON, Secretary of War.

* Probably refers to Brig. Gen. Charles P. Stone.

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FORT MONROE, February 9, 1862.

Hon. EDWIN M. STANTON, Secretary of War, Washington.

SIR: We have the honor to inclose herewith a copy of a letter from General Huger to Major-General Wool in response to the letter of the latter announcing our arrival at this post and the purpose of our appointment; also a copy of the instructions referred to in General Huger’s letter as given by Mr. Benjamin to Messrs. Seddon and Conrad which have been this day received by a flag of truce from Norfolk.

As the purport of these instructions from Mr. Benjamin embraces matters not intrusted to us we take this earliest opportunity to communicate them to you and will await here your further instructions.

General Wool has not yet acknowledged the receipt of these papers.

We have the honor to be your obedient servants,

B. R. AMES. HAMILTON FISH.

[Inclosure.]

HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., February 9, 1862.

Maj. Gen. J. E. WOOL, Commanding Department of Virginia.

SIR: 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 the 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 more effectually to 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 the Hon. Charles M. Conrad commissioners to meet and confer with Messrs. Ames and Fish, with instructions,* a copy of which is herewith inclosed. The 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 their homes on fair terms of equal exchange and with this view to confer with Messrs. Ames and Fish at Fortress Monroe, anticipating that you will previously transmit to me such safeguard as will insure 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 call your attention to the last paragraph of the instructions to our commissioners {p.249} and to say if a satisfactory answer can be given at once I have no doubt that on receiving the assurance mentioned the officers now retained as hostages will at once be put on the same footing as other prisoners of war.

I am, very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

* Omitted here; Benjamin to Seddon and Conrad, February 6, p. 788.

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HEADQUARTERS DEPARTMENT OF THE OHIO, Louisville, Ky., February 9, 1862.

Brig. Gen. R. W. JOHNSON, Comdg. Brigade, Munfordville.

SIR: The general commanding desires you to effect an exchange of prisoners with the enemy in our front. To do this you will confer under flag of truce with such general officer as may be designated by the general commanding the enemy’s forces and will be governed by the rules which usually govern like cases. A list of the prisoners of war now held in this department is inclosed and they will be subject to your order for the exchange directed.

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

OLIVER D. GREENE, Assistant Adjutant-General.

P. S.-Since writing the above a letter has been received from General A. S. Johnston, a copy of which is inclosed.* From it you will learn that General Hindman has been appointed to confer with you.

OLIVER D. GREENE, Assistant Adjutant-General.

* Omitted here; Johnston to Buell, February 6, p. 243.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., February 10, 1862.

Hon. EDWIN M. STANTON, Secretary of War.

SIR: I have the honor to report that yesterday, the 9th instant, I received a dispatch herewith forwarded* from Major-General Huger, commanding at Norfolk, in reply to my letter to him of the 4th instant, a copy of which I have already transmitted to you. I also received from the general a copy** herewith inclosed of instructions from J. P. Benjamin to the Hon. James A. Seddon and Hon. C. M. Conrad.

These communications were submitted to the visitors, the Rev. Bishop Ames and the Hon. Hamilton Fish, when it was decided-they having no authority to make arrangements relating to the exchange of prisoners of war-to defer a reply to General Huger until to-day, when I informed him by flag of truce that as the visitors had no authority to make arrangements in regard to the exchange of prisoners of war the Instructions to the Hon. James A. Seddon and the Hon. C. M. Conrad had been referred to the Secretary of War, Edwin M. Stanton, and as soon as a reply was received it would be communicated to him.

Herewith you will receive a copy of my reply to General Huger.

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

JOHN B. WOOL, Major-General.

* Omitted here; Ames and Fish to Stanton, February 9, with its inclosure, p. 248.

** Omitted here; Benjamin to Seddon and Conrad, February 6, p. 788.

{p.250}

[Inclosure.]

HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., February 10, 1862.

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

GENERAL: Yesterday by flag of truce I received your communication of the 9th instant. Although probably intended as such it [is] not a reply to mine of the 4th instant. The object of the visitors, the Rev. Bishop Ames and the Hon. Hamilton Fish, is simply a humane mission having reference to the condition of the U. S. prisoners of war in the Southern States. Your reply of the 9th instant relates principally to the exchanges of prisoners. As they have no authority to make exchanges of prisoners of war I have deemed it proper to transmit your communication with the instructions to the Hon. James A. Seddon and the Hon. Charles M. Conrad to the Secretary of War. As soon as I receive a reply it will be communicated to you. In reply to so much of your communication as relates to the last paragraph of the instructions to the Hon. James A. Seddon and the Hon. Charles M. Conrad I herewith transmit copies of two letters* from Hon. William H. Seward which I presume will be satisfactory. The prisoners have been transferred to Fort Lafayette.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

* Not found. Copies of Seward’s orders to Murray and Millward, January 31, p. 229.

[Indorsement.]

Received February 10. The accompanying copies of Mr. Seward’s orders were sent to Hon. J. P. Benjamin February 11.

B. H., JR.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., February 10, 1862.

Maj. Gen. B. HUGER, Commanding at Norfolk.

SIR: I inclose herewith certified copies* of the paroles of the following-named persons who were forwarded to Norfolk by flag of truce on the 7th instant: 1. Milton J. Ferguson, who is to procure the release of Lieutenant-Colonel Neff. 2. Hurston Spurlock, who is to procure the release of John Alford or some one equal in rank to himself. 3. William J. Willey, who is to procure the release of Colonel Woodruff. 4. W. B. Compton, who is to procure the release of Lieutenant Comly, Dayton, Ohio, or some one equal in rank to himself.

On the above conditions being complied with the parties interested will consider themselves released from their paroles.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

P. S.-I was not aware that the above-named persons had paroles until the flag of truce was about to leave on the 7th, consequently I could not furnish them with copies at that time.

JOHN E. WOOL, Major-General.

* Not found.

{p.251}

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FORT MONROE, February 10, 1862.

Hon. EDWIN M. STANTON, Secretary of War, Washington, D. C.

SIR: We were barely able yesterday to forward to you by the boat for Baltimore (which General Wool detained a short time for the purpose of transmitting our letter) a copy of a letter from General Huger addressed to Major-General Wool covering a copy of instructions from Mr. J. P. Benjamin to Messrs. Seddon and Conrad, commissioners to meet and treat with us on the subject of a general exchange of prisoners. A copy of these instructions was also inclosed with our letter of yesterday.

These instructions of Mr. Benjamin to his commissioners very studiously ignore the humane and Christian objects of our appointment and the injunction contained in our instructions (of which General Huger has been furnished a copy by General Wool) that our “mission was purely an errand of mercy,” and that we were expected not to “have communication on any subject not immediately relating to its humane and Christian object,” while they attempt to give to our appointment a political significance and attribute to us a title and powers not conferred or contemplated by our instructions, but which if recognized by us might inferentially aid a cherished object on the part of those in rebellion to the Government.

Thus regarding the papers received by General Wool from General Huger as a refusal to allow us to execute our duties and as the rejection of a benevolent and humane proposition on the part of the Government of the United States to meliorate and to humanize the practices of war we should have felt it our duty to return immediately to Washington, but were restrained from so doing only by the consideration that such act on our part might be construed by Mr. Benjamin and his associates into a rejection of a proposal for a general exchange of prisoners, an object which we believe not to be contemplated with disfavor by you, and one to which we should be very unwilling by any act of ours to interpose any obstacle.

Permit us now to say what the necessary haste with which we sent our letter of yesterday did not allow us time to say that (although remaining here to await your further instructions) in the event of your deciding to enter into an agreement for a general exchange of prisoners we earnestly insist that neither our presence here nor our appointment as visitors, nor Mr. Benjamin’s unwarranted assumption that we are clothed with powers for that purpose, shall be permitted to embarrass you in the selection of suitable agents on the part of the Government. We are and ever shall be ready to make all sacrifices and to render to our Government and country every duty and every assistance within our power, but we are not ambitious or desirous of this appointment. We are fully aware that a negotiation for an exchange of prisoners of war must require a practical and technical knowledge of which we probably are not possessed.

In view of the allusion in Mr. Benjamin’s instructions and of the clause in General Huger’s letter referring to the privateersmen it has Occurred to us that the release of our gallant officers so cruelly held as hostages and treated as felons might be expedited by a communication to the rebel authorities of copies of the official orders of the State Department transferring the privateersmen to the military prisons. We have therefore furnished copies of those orders to Major-General Wool and have suggested to him the propriety of communicating them to General Huger. He assented to the propriety of so doing and, as we understand, transmits them to-day.

{p.252}

Hoping that our action in the premises will meet your approval, we have the honor to be, very respectfully, yours,

E. R. AMES. HAMILTON FISH.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., February 10, 1862.

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

GENERAL: In reply to your communication of the 8th instant I would state that it is my intention to permit Mr. Jones to proceed to Norfolk in a few days. Special reasons have prevented me from doing so sooner, but no restrictions whatever have been placed upon Mr. Jones and he has been at perfect liberty at all times to leave this post for Baltimore or elsewhere in the North. Should Mr. Ector be sent to Old Point I will permit him to proceed to Norfolk by flag of truce and if desirable you can notify his friends to this effect.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

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HEADQUARTERS DISTRICT OF CAIRO, Fort Henry, Tenn., February 10, 1862.

Capt. J. C. KELTON, Assistant Adjutant-General, Saint Louis, Mo.

CAPTAIN: After writing the dispatch to General Halleck suggesting the propriety of paroling the prisoners of war (commissioned officers) at Paducah, Ky., I received such reports of their conduct as to make me believe it was not prudent to leave them within our lines so near the enemy. Paducah being the home of General Tilghman makes it particularly objectionable, and I therefore gave orders before the receipt of Major-General Halleck’s reply for the removal of all these prisoners to Saint Louis or such other place as the department commander might direct. I hope this will meet with approval.

Respectfully, your obedient servant,

U. S. GRANT, Brigadier-General.

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HEADQUARTERS DISTRICT OF CAIRO, Fort Henry, February 10, 1862.

Col. D. STUART, Commanding U. S. Forces, Paducah, Ky.:

Inclosed you will find a roll* of prisoners of war ordered to Saint Louis, escort to report to Major-General Halleck, commanding department. The prisoners sent to your charge a few days since will also be sent. A descriptive roll such as that accompanying will be sent with the prisoners.

U. S. GRANT, Brigadier-General, Commanding.

* Omitted.

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HEADQUARTERS DISTRICT OF CAIRO, Fort Henry, February 10, 1862.

Col. D. STUART, Commanding U. S. Forces, Paducah, Ky.:

My dispatch was suggesting the propriety of paroling the officers taken prisoners at this place, confining them to the limits of the town. {p.253} It seems that General Halleck has consented to the arrangement. Since sending that dispatch, however, I have changed my views in consequence of the reported conduct of the captured officers. You will see by an order sent before this that I have directed that all the prisoners be sent to Saint Louis for disposal. I will write to General Halleck explaining my reasons.

U. S. GRANT, Brigadier-General, Commanding.

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CAMP GRIFFIN, February 10, 1862.

Lieutenant-Colonel HARDIE:

What truth is there in the article in this morning’s Republican in regard to the arrest of General Stone?

W. T. H. BROOKS, Brigadier-General.

[Indorsement.]

It is unhappily the truth that Stone has been arrested.

JAS. A. HARDIE.

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HEADQUARTERS ARMY OF THE POTOMAC, Washington, February 10, 1862.

Brigadier-General GORMAN, Poolesville:

General Stone has been arrested and was sent to Fort Lafayette yesterday. Will inform you more fully by mail.

C. H. TOMPKINS, Colonel, Rhode Island Artillery.

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POOLESVILLE, February 10, 1862.

General WILLIAMS:

I have received this moment a dispatch from Colonel Tompkins, chief of artillery in this division who is now in Washington, that General Stone has been arrested and sent to Fort Lafayette. Is this true?

Please reply.

W. A. GORMAN, Brigadier-General, Commanding.

Answer.

It is true that General Stone has been arrested and sent to Fort Lafayette.

S. WILLIAMS, Assistant Adjutant-General.

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WAR DEPARTMENT, Washington, February 11, 1862.

Hon. HAMILTON FISH and Right Rev. EDWARD R. AMES.

GENTLEMEN: Your communication of the 9th instant has been received.

Leave to pass through the opposing lines having been denied to you you will consider your mission terminated and you will return at your convenience to this city.

I am, gentlemen, your obedient servant,

EDWIN M. STANTON, Secretary of War.

{p.254}

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WAR DEPARTMENT, Washington, February 11, 1862.

Maj. Gen. JOHN E. WOOL, Fort Monroe, Va.

GENERAL: You will inform General Huger that Messrs. Ames and Fish have no authority to act in behalf of this Government in regard to the exchange of prisoners or any other purpose than the simple one of providing for the comfort of prisoners, if allowed to do so. That purpose having failed they have been directed to return to this city. You will inform General Huger that you alone are clothed with full powers for the purpose of arranging for the exchange of prisoners. You may confer with General Huger himself or with Messrs. Seddon and Conrad or any other person appearing for that purpose.

You may give such persons a safeguard to Fort Monroe for the purpose of consultation or you may hold the consultation anywhere else in your discretion. You may 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. 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 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 region till the exchange is effected.

You will further inform General Huger or Messrs. Seddon and Conrad or whoever else it may concern that all 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 the other prisoners taken in arms.

I am, your obedient servant,

EDWIN M. STANTON, Secretary of War.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, February 11, 1862.

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

GENERAL: I hasten to inform you that 399 prisoners arrived last evening in the Roads for Norfolk. They will be forwarded to the place designated by you where our flags meet, between Sewell’s Point and sunken light-boat between 10 and 11 o’clock.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

–––

HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., February 11, 1862.

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

SIR: I have not found it convenient until the present moment to acknowledge the receipt of your several letters of the 6th, 7th and 8th instant. The bill of exchange for £120 and a check for $50 were duly {p.255} forwarded to Doctor Kirkbride, Philadelphia. Your proposition to exchange Captain Prime for Captain Drew is accepted.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

–––

HOUSE OF REPRESENTATIVES, February 11, 1862.

Hon. EDWIN M. STANTON, Secretary of War.

SIR: I would respectfully beg your attention to the inclosed letter from one of my constituents, an officer now in confinement at Richmond, Va., as a prisoner of war. His friends urgently appeal to me to have his case brought to your notice. I will be much obliged by such action as the letter inclosed requests, if the same is practicable. The officer is William C. Harris, first lieutenant, Colonel Baker’s California regiment. He was taken at Ball’s Bluff. An answer to this application as soon as your convenience will allow will much oblige,

Very respectfully, your obedient servant,

CHAS. J. BIDDLE.

[Inclosure.]

RICHMOND MILITARY PRISON, January 26, 1862.

Hon. CHARLES J. BIDDLE, Washington, D. C.

DEAR SIR: I write for the purpose of soliciting your interest in my behalf with the Secretary of War to effect my release as a prisoner of war in Richmond, Confederate officers held as prisoners of war are weekly sent from Fort Warren on parole for exchange with Federal officers in Richmond. A request from our Representative in Congress made to the Secretary of War I understand is immediately granted and an officer corresponding in rank sent to Norfolk. The release of all Federal officers that have gone North I am assured has been by this method and this only. The Confederates immediately send the officer designated for exchange to Fortress Monroe but require their officers to be released from Fort Warren previous to the U. S. officer being sent from Richmond. The importance of being released from confinement can only be appreciated by those now suffering. Humanity as well as policy would require speedy action by our Government if no principle is to be sacrificed, and by the method now in practice an exchange is promptly effected without compromising my Government. If necessary for her service we are willing to remain here in filth and within prison walls until by her strong arm we are released. Your attention to this will be greatly felt by,

Your obedient servant,

WM. C. HARRIS, First Lieutenant, Colonel Baker’s California Regiment.

Residence, 717 Arch street, Philadelphia; taken prisoner of war October 21, 1861, at Ball’s Bluff Va.

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DEPARTMENT OF STATE, Washington, February 12, 1862.

Hon. ROBERT MALLORY, House of Representatives.

SIR: I have the honor to acknowledge the receipt of your note of the 10th instant relative to the exchange of Col. W. E. Woodruff and {p.256} to inform you in reply that arrangements are in progress for the exchange of all prisoners held by the insurgents. It is believed that pursuant to them the release of all the prisoners from the loyal States will soon be effected.

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

WILLIAM H. SEWARD.

–––

HDQRS. OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, February 12, 1862.

Maj. Gen. JOHN E. WOOL, U. S. Army, Comdg. Department of Virginia, Fort Monroe, Va.

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, sir, &c.,

L. THOMAS, Adjutant-General.

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U. S. FLAG-STEAMER PHILADELPHIA, Off Roanoke Island, N. C., February 12, 1862.

Maj. Gen. BENJAMIN HUGER, Commanding Department, &c., Norfolk, Va.

SIR: I have this day released on parole the undermentioned individuals* recently serving in the Confederate Navy and captured by vessels belonging to the Navy of the United States. Each has signed a paper worded as follows:

OFF ROANOKE ISLAND, NORTH CAROLINA, On board United States Vessels of War, February 15, 1865.

Belonging to the C. S. Navy and held as a prisoner of war by the authorities of the United States I, understanding that this paper is intended to release me on parole, do hereby pledge my sacred honor that until duly exchanged I will neither take up arms against the United States, serve against them in any manner or way, nor divulge to their prejudice anything I may have heard or seen during my captivity.

I take it for granted that all of the above obligations under which they have voluntarily placed themselves will be religiously observed, and that no countenance whatever will be given to them from any quarter to do otherwise.

Very respectfully, your obedient servant,

L. M. GOLDSBOROUGH, Flag-Officer, Commanding North Atlantic Blockading Squadron.

* List of thirty-three names omitted.

–––

HEADQUARTERS DEPARTMENT OF NORTH CAROLINA, Roanoke Island, February 12, 1862.

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

GENERAL: In an engagement on the island on the 8th of this month between the forces of your department and mine I took over 2,500 of {p.257} your officers and men prisoners of war. These I propose to release at once on their parole of honor not to take up arms against the United States until they are regularly exchanged and to send them to Elizabeth City upon the condition that an equal number of United States prisoners now in the hands of your Government be at once released on parole and sent to Old Point Comfort, our prisoners to be released in the order of their capture, those longest in confinement first. Upon their arrival there a formal exchange can be made on paper. The exchange to be made in accordance with the usual rules.

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

A. E. BURNSIDE, Brigadier-General, Commanding Department of North Carolina.

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QUARTERMASTER-GENERAL’S OFFICE, Washington February 12, 1862.

Lieut. Col. W. HOFFMAN, Commissary-General of Prisoners, Sandusky, Ohio.

COLONEL: Your letter of the 6th instant stating that after maturely considering the matter of a guard-boat for your depot you cannot advise the substitution of a launch or row-boat in place of a steam propeller has been received. Please look for a suitable vessel, have her examined by competent persons and report description, price and cost of manning and working such vessel.

Very respectfully, your obedient servant,

M. C. MEIGS, Quartermaster-General.

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CAVE CITY [KY.], February 12, 1862.

General R. W. Johnson, of the Federal Army, is commissioned by General Buell to confer with General T. C. Hindman for exchange of prisoners. If convenient for General Hindman, General Johnson would request him to meet him at the residence of Mr. Ritter, near Cave City, on Friday, 14th February, 1862.

General Johnson has a list of all the prisoners in possession of Federals of this department.

With kind remembrance, yours truly,

R. W. JOHNSON, Brigadier-General.

I wish, general, you would telegraph to my brother, Dr. J. M. Johnson, at Nashville, to come out with you, and greatly oblige,

R. W. J.

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HEADQUARTERS, Alton, Ill., February 12, 1862.

Lieutenant-Colonel BURBANK.

COLONEL: We received another invoice of prisoners last night. There will not be room for more if our regiment is to remain quartered inside the walls. We have rented the buildings adjacent for storehouses and quartermaster’s department. The surgeon is looking for a building suitable for a hospital but has not succeeded in procuring one as yet. I am having the prisoners police their quarters thoroughly and {p.258} will have them in good shape by to-morrow night. Mr. De Courcey has made requisitions for all needful articles. Matters are progressing smoothly. We have had no trouble thus far.

Very respectfully, your obedient servant,

CHAS. C. SMITH, Captain, Thirteenth Infantry.

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COLUMBUS, OHIO, February 12, 1862.

Hon. E. M. STANTON:

Am I at liberty to allow to any of the prisoners at Camp Chase limited leave of absence on parole, say to visit Columbus?

R. P. BUCKLAND, Colonel, Commanding Camp Chase.

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FORT LAFAYETTE, February 12, 1862.

Hon. WILLIAM H. SEWARD.

DEAR SIR: We jointly desire to take the oath of allegiance in order to be released, as we are not natives of the States now in rebellion against the Government; but as we were South at the commencement of the present difficulty and joined them more through necessity than patriotism, as all kinds of business was dull and nothing doing, therefore we had to do something of the kind or otherwise suffer for the want of food, as all communication with our friends was cut off and it was impossible to obtain relief or to get out of the States then in rebellion without great peril to our lives and persons. Therefore we hope you will at once allow us to take the oath and be released.

We remain, yours, very respectfully,

C. H. MARRIOTT, Of privateer Petrel, and a native of Frederick, Md. JOHN H. EDWARDS Of privateer Petrel, and a native of New York. THOMAS WOODS, Of privateer Petrel, native of Liverpool, England. JOSEPH CRUZ DEL CANO, Of the privateer Savannah, native of Manila, Spanish Island. (Wife is in Liverpool, England.) THOMAS QUIGLEY, Of the Jeff. Davis, native of New York. RICHARD LEWIS, Of the privateer Petrel, native of New York. THOMAS A. BROOKBANKS, Of privateer Petrel, of Philadelphia, Pa.

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ORDER No. 8.] WAR DEPARTMENT, Washington, February 13, 1862.

Ordered, First. That all applications to go South across the military lines of the United States be made to Maj. Gen. John A. Dix, commanding at Baltimore, who will grant or refuse the same at his discretion.

Second. That all prisoners of war and other persons imprisoned by authority of any department of the Government who shall be released on parole or exchange shall report themselves immediately on their {p.259} arrival at Baltimore to Major-General Dix and be subject to his direction while remaining in that city. Any failure to observe this order will be taken as a forfeiture of the parole or exchange.

The regulation heretofore existing which required passes across the military lines of the United States to be signed by the Secretary of State and countersigned by the general commanding is rescinded.*

By order of the President:

EDWIN M. STANTON, Secretary of War.

* See also Vol. II, this Series, p. 221, Executive Order, No. 1, relating to political prisoners.

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WASHINGTON, D. C., February 13, 1862.

General BUELL, Louisville, Ky.:

I have directed the regulars at Columbia to go to you. Anticipate the order if necessary. Have you arranged an exchange of prisoners? If you can exchange for Merrill you can have him too.

GEO. B. MCCLELLAN.

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HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, February 13, 1862.

Brig. Gen. GEORGE W. CULLUM, Cairo:

The commissioned officers prisoners of war at Paducah will be permitted to go to Cincinnati on parole. If they decline to do this they will be sent under guard on one of the return steamers to Alton.

H. W. HALLECK, Major-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., February 13, 1862.

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

GENERAL: In reply to your communication of the 9th instant I am instructed to inform you* that no authority was conferred on the Hon. Messrs. Ames and Fish in regard to the exchange of prisoners or for any other purpose than the simple one of providing for the comfort of prisoners if allowed to do so. This having been declined their mission has terminated.

I am, however, instructed to inform you that I am alone clothed with full powers for the purpose of arranging for the exchange of prisoners. Being thus empowered I am ready to confer with you on the subject or the Hon. Messrs. Seddon and Conrad or any other person appearing for that purpose. I am 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. 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.

{p.260}

I would further inform you or any other person selected for the purpose of making arrangements for the exchange of prisoners 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 the other prisoners taken in arms.

In conclusion I have only to remark that I am ready at any moment to enter upon, this important duty with no other view than a fair and honorable exchange of all prisoners and to subserve the interests of humanity.

I am, very respectfully, your obedient servant,

JOHN B. WOOL, Major-General.

* See Stanton to Wool, February 11, p. 254.

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CAMP WOOD, Ky., February 13, 1862.

Capt. J. B. FRY, Assistant Adjutant-General, Chief of Staff, Louisville, Ky.

CAPTAIN: Agreeable to instructions I went on the 12th under flag of truce to the enemy’s lines for the purpose of arranging in regard to exchange of prisoners.

I met a Major Harrison who agreed that General Hindman should meet me at Cave City to-morrow. Since then circumstances having been changed I will not be able to meet him. I therefore return the list* of prisoners and hope that my action will meet with the approval of the general commanding.

Cave City is now inside of our lines and of course General Hindman will not be able to meet his engagement.

I am, very respectfully, your obedient servant,

R. W. JOHNSON, Brigadier-General of Volunteers.

* The nominal list shows 4 officers and 157 soldiers.

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QUARTERMASTER GENERAL’S OFFICE, Washington, February 13, 1862.

Lieut. Col. W. HOFFMAN, Commissary-General of Prisoners, Sandusky, Ohio.

COLONEL: Your letter of the 6th instant is received and you are respectfully informed that the quartermaster-general of Pennsylvania has been requested to hand over the clothing referred to to Capt. E. C. Wilson, assistant quartermaster, who will send you the articles as soon as he receives them from General Hale.

By order of the Quartermaster-General:

Very respectfully, your obedient servant,

ALEX. J. PERRY, Captain and Assistant Quartermaster.

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WAR DEPARTMENT, Washington, February 14, 1862.

Hon. V. B. HORTON, House of Representatives.

SIR: I had the honor to receive your letter of the 10th instant inclosing a memorial of citizens of Cincinnati in behalf of Mr. George W. Ward, now a prisoner of war at Baton Rouge, and asking the favorable attention of this Department to his case so far as to effect his release.

{p.261}

In reply I have to state that no arrangement has yet been made for exchanging prisoners and it is therefore beyond the power of this Department at present to afford any relief to Mr. Ward.

Very respectfully, your obedient servant,

EDWIN M. STANTON, Secretary of War.

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GENERAL ORDERS, No. 14.}

HEADQUARTERS OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, February 14, 1862.

...

II. The Secretary of War directs that the rations of prisoners held in the rebel States shall be commuted for and during the period of their imprisonment, the commutation to be rated at cost price.

...

By command of Major-General McClellan:

L. THOMAS, Adjutant-General.

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WASHINGTON, February 14, 1862.

Hon. EDWIN M. STANTON, Secretary of War.

SIR: The humane purpose of ministering relief and comfort to the unfortunate persons formerly in the military service of the United States, now held as prisoners at various places in the South, contemplated by your wise and benevolent sympathy has failed of its object by the refusal of those in power in the rebellious States to allow the visitors appointed by you to pass their lines.

Immediately on receiving notice of your order of the 26th of January last appointing us to this duty we repaired to this city, and having in personal interviews with yourself ascertained your views and wishes, and after conference with the Adjutant-General and Quartermaster-General and other officers to whom we were referred by you on the 3d of February we received your written instructions and the funds and credits necessary for the execution of the humane and Christian objects contemplated by your practical sympathy for the unfortunate prisoners, and on the same day we took our departure for Fortress Monroe.

In the meantime orders had been given through the Adjutant-General and the Quartermaster’s and Surgeon-General’s departments and arrangements made for establishing a depot of clothing, medicines, supplies and other articles not usually furnished to the Army but deemed necessary for the comfort and health of the prisoners to be opened at Fortress Monroe, subject to our requisition.

Arriving at Fortress Monroe on the 4th instant we communicated with Major-General Wool and delivered to him your letter under date of 30th January. He entered most cordially and earnestly into the spirit of our mission and forthwith communicated to General Huger, in command of the rebel forces at Norfolk, the fact of our arrival there and the object of our visit, transmitting to him at the same time a copy of our written instructions.

While waiting at Fortress Monroe for a reply from General Huger we received all practicable assistance from Doctor Cuyler, the medical director of the Department of Virginia, and from Captain Tallmadge, assistant quartermaster, with reference to the medical supplies and the clothing and other articles that it was thought would be needed in case {p.262} permission should be granted to execute the objects of our visit, and arrangements were made to secure the prompt forwarding of these supplies as required. The ready, cheerful and intelligent advice and assistance rendered by these gentlemen afforded certain assurance of the efficient co-operation they were anxious to give to your objects.

On the 9th instant General Huger sent to Major-General Wool a letter (in reply to that of the latter) covering certain instructions from Mr. J. P. Benjamin to the Hon. James A. Seddon and Hon. Charles M. Conrad, appointing them commissioners to treat with us on the subject of a general exchange of prisoners, affecting to suppose us clothed with a power not committed to us while he ignored the Christian and humane objects of the proposed visit but dexterously sought to pervert it to a political significance. We immediately forwarded to you copies of General Huger’s letter and of Mr. Benjamin’s instructions.

Regarding these as a refusal to allow us to pass through their lines or to visit the prisoners we should have returned immediately to Washington but for reasons stated in a letter which we addressed to you on the 10th instant.

On the 13th instant we received your letter of the 11th and immediately left Fortress Monroe on our return to this place.

Prior to our departure from Washington we received from you $5,000 (one-half in gold and half in Treasury notes); also a notice of deposit of $20,000 in coin with the assistant treasurer of the United States in New York subject to draft by us, and also authority to draw at sight upon the assistant treasurer in New York for the further sum of $25,000.

The refusal of Mr. Benjamin and his associates to allow any portion of this money to be distributed among or expended for the relief of some hundreds of suffering, sick and wounded prisoners enables us to return to you untouched the entire amount thus received by us and herewith our duties close.

Permit us in conclusion to present to you our congratulations that although your tender of a mission of mercy and of charity has been refused you have secured other means which promise relief and liberation to our prisoners, and our further congratulations that while our humble agency has been refused other and potent agencies are active and efficient to dispel the various illusions prevailing in the insurgent States and to give to all good citizens the comforting assurance that their Government has other means than those of a humane and peaceful mission to extend its protection over all its citizens-to vindicate its authority and to maintain its national existence.

We have the honor to be your obedient servants,

B. R. AMES. HAMILTON FISH.

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HEADQUARTERS DEPARTMENT OF VIRGINlA, Fort Monroe, Va., February 14, 1862.

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

GENERAL: I have received your several communications of the 12th and the 13th instant. Your application in the first in behalf of Lieutenant Ward is granted. In relation to the second I would refer you to my communication of the 13th instant. If you should agree to what is therein set forth we can arrange for the release of seamen captured on board of unarmed vessels. I see not the slightest objection to the arrangement suggested by you in relation to the men taken from a {p.263} light-boat stranded on the shores of Virginia. The bill of exchange for £120 has been forwarded as desired; also a bill for £30 to M. W. Barr at Fort Warren, and $150 to Edward S. Handy at Philadelphia.

Very respectfully, your obedient servant,

JOHN B. WOOL, Major-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., February 14, 1862.

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

SIR: I send herewith by flag of truce the following-named persons: 1. Lieut. O. A. Brummel who is on parole until 19th day of February, 1862, unless he shall procure the release of First Lieut. W. B. Merrill, U. S. Engineers. 2. First Lieutenant Barnett who is permitted to go South on parole for the purpose of procuring the exchange of Second Lieut. B. F. Hancock, Nineteenth Regiment Indiana Volunteers. Should these exchanges be effected the parties interested will consider themselves released from their paroles.

Very respectfully, your obedient servant,

JOHN B. WOOL, Major-General.

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FORT WARREN, Boston Harbor, February 14, 1862.

Capt. WILLIAM D. WHIPPLE, Assistant Adjutant-General, Fort Monroe.

SIR: I have the honor to inclose a copy of Lieutenant-Colonel Pegram’s parole which requires him to report at Fort Monroe on the 15th instant unless he procures the release of Col. O. B. Willcox.

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

J. DIMICK, Colonel First Artillery, Commanding Post.

[Inclosure.]

FORT WARREN Boston Harbor, January 3, 1862.

I, John Pegram, held as a prisoner taken in arms against the United States, do pledge my word of honor that I will not bear arms against the United States and that I will return and surrender myself at Fort Monroe by the 15th of February, 1862, unless I shall procure the release without parole of Col. O. B. Willcox, now held as a prisoner in the Southern States, when I may consider myself discharged from this parole.

JNO. PEGRAM, Lieutenant-Colonel, Provisional Army, C. S.

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HEADQUARTERS DEPARTMENT OF NORFOLK, NORFOLK, Va., February 14, 1862.

Brig. Gen. A. B. BURNSIDE, Commanding Department of North Carolina.

GENERAL: I accept your proposal for exchange of prisoners as Stated in your letter of the 12th instant, just received.

I am, general, your obedient servant,

BENJ. HUGER, Major-General, Commanding Department.

{p.264}

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., February 15, 1862.

Brig. Gen. A. E. BURNSIDE, Commanding Department of North Carolina.

GENERAL: I congratulate you and Goldsborough on your glorious victory, a great one considering the difficulties you encountered before reaching the rebels. It will produce the most favorable results. It was just what the moneyed interests as well as others required at this moment.

I have received authority from the Secretary of War to make arrangements with the rebel authorities for the exchange of all prisoners. Last evening I received a communication from Major-General Huger in which he informed me that he had no doubt the arrangements as suggested by myself would be accepted. In such a case in a very few days all prisoners would be exchanged.

Under these circumstances I would recommend that you keep your prisoners for a few days when I have no doubt they will be either exchanged or paroled.

If you have 3,000 prisoners as reported we will have an excess of prisoners over the rebels, and if such should be the case they will be immediately paroled to return to their homes; that is if the rebel authorities accept of my proposed arrangement, of which I will immediately inform you.

I have deemed it proper to make the above known to you in order to save expense of sending them North.

Herewith I forward a copy* of my proposition to Maj. Gen. B. Huger.

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

JOHN E. WOOL, Major-General.

* Omitted here; Wool to Huger, February 13, p. 259.

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HEADQUARTERS DEPARTMENT OF NORTH CAROLINA, Roanoke Island February 15, 1862.

Having been taken a prisoner of war by the forces of General A. E. Burnside on Roanoke Island I do solemnly pledge my sacred word and honor that if released I will give to no one any information I may have derived or mention anything I have seen or beard since my capture that might injure the Government of the United States of America, and that I will not take up arms against the United States of America or aid their enemies by word or act until I am regularly exchanged according to the usages of war, the information to me of said exchange to be beyond the possibility of a doubt.

[Nominal list omitted. It embraced-colonels, 2; lieutenant-colonels, 4; majors, 6; captains, 34; first lieutenants, 37; second lieutenants, 64; third lieutenants, 3; quartermasters, 2; quartermaster-sergeants, 5; adjutants, 3; sergeant-majors, 3; commissary-sergeants, 2; orderly sergeants, 2; aides-de-camp, 4; captain of artillery, 1; lieutenant, of Navy, 1: engineer, 1; sergeants, 144; corporals, 126; musicians, 9; privates, 1,989; surgeons, 3; assistant surgeons, 7; company physicians, 2; hospital attendants, 5; servants, 29. Total, 2,488.]

I hereby certify the above to be a correct list of the prisoners and that they have all subscribed their names to the pledge required of them.

A. E. BURNSIDE, Brigadier-General Commanding.

{p.265}

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PADUCAH, February 15, 1862.

General HALLECK:

Arrived at Paducah. ... I think General Tilghman and prisoners had better be sent to Cairo and there offered terms. If officers elect to go on parole to Cincinnati they could go by rail.

W. T. SHERMAN, Brigadier-General.

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[FEBRUARY 16, 1862.-For Brig. Gen. A. E. Burnside’s proclamation to the people of North Carolina, see Series I, Vol. IX, p. 363.]

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NEW YORK, February 16, 1862.

Hon. Mr. STANTON:

What has the Government done toward the release of Colonel Corcoran? A meeting at Tammany Hall on Wednesday, which we have kept back. I await answer at telegraph office.

C. P. DALY, Judge.

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WAR DEPARTMENT, Washington, February 16, 1862.

Judge C. P. DALY, New York:

The Government has taken the measures they deem proper to effect the release of Colonel Corcoran and all other prisoners held in rebel States, and will disclose what they have done when proper to be disclosed. It is hoped that the rash indiscretion of persons pretending to be Colonel Corcoran’s friends may not induce the rebels to prolong his imprisonment or refuse his exchange.

EDWIN M. STANTON, Secretary of War.

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WASHINGTON, February 16, 1862.

Hon. E. M. STANTON, Secretary of War.

SIR: General Stone I rank among my friends. I believe in his integrity and fidelity. So fully do I believe that scarcely anything could shake the belief. He has served me as a friend and I want to let him know how truly I sympathize with him. I inclose an open letter* for him which I desire you to read, and unless there is something objectionable in it which I cannot see do me the favor to have it forwarded to him. If I should go to New York next week as I expect can I have a pass to visit him?

Very faithfully and truly,

JOS. H. BRADLEY.

* Omitted; not forwarded to Stone.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., February 16, 1862

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

GENERAL: I have received your several communications of the 14th and 15th instant. I accept of your proposal to exchange Lieutenant {p.266} Merrill, of the Corps of Engineers, for First Lieut. T. M. R. Talcott, of the artillery on engineer duty, captured at Roanoke Island. I also consent to the exchange proposed in the case of Lieutenant Brummel. I have been requested to inquire whether A. W. Habersham, of Georgia, late of the U. S. Navy, now confined as a prisoner in Fort McHenry, Maryland, will be accepted in exchange for Mr. Roswell M. Shurtleff, who is now a prisoner at Richmond. If the proposals which I have presented to you in regard to the exchange of prisoners be accepted I think you and myself or any one else selected for the purpose could soon dispose of all captive prisoners North and South.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

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HEADQUARTERS DEPARTMENT OF NORTH CAROLINA, Roanoke Island, February 16, 1862.

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

GENERAL: I have to acknowledge the receipt of your acceptance of my proposition for an exchange of prisoners, and we are now making out the roll for their signatures of which a correct copy will be sent to you. When I made the proposition I was not fully aware that there were no well-established usages for exchange, but feeling that you will be governed in this matter by principles of justice I shall proceed to embark the prisoners. In the meantime I have to submit the following as a basis for said exchange. Please communicate an early answer to Lieutenant-Colonel Osborn who bears this and who is authorized to give my assent to any proposition that he may think just. In case the number of prisoners released by me should exceed the number now held by your forces I take it for granted that the overplus will be passed to the credit of our forces to be used against any prisoners which may hereafter be taken by your army. In case the officers of any one rank should outnumber the officers of the corresponding rank on the other side the exchange to be continued upon the basis agreed upon until one side or the other has exhausted its prisoners.

The following is the basis I propose:

For one colonel-One lieutenant-colonel and major or three majors or seven captains.

For lieutenant-colonel-Two majors or four captains or six first lieutenants.

For major-Two captains or four first lieutenants.

For captain-Two first lieutenants or three second lieutenants.

For first lieutenant-Two second lieutenants.

For second lieutenant-Four sergeants or six corporals or ten privates, or in same proportion for other grades in the commutation.

All exchanges shall commence with the highest rank on either side; that is to say after all those of equal rank have been exchanged then those of the highest rank remaining shall be exchanged for those of the highest remaining on the other side in accordance with the above basis.

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

A. E. BURNSIDE, Brigadier-General, Commanding.

{p.267}

[FEBRUARY 16, 1862.-For reports, correspondence, &c., relating to the capture of Fort Donelson, Tenn., see Series I, Vol. VII, p. 157 et seq.]

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CAIRO, February 16, 1862.

Major-General HALLECK:

Have directed the twelve regiments to go by Cumberland. Send prisoners direct via Terre Haute and Alton Railroad to avoid changing cars. Tilghman and staff will accept parole if offered by you. Telegraph commanding officer at Alton your wishes. One gun and two mortar-boats gone up Cumberland to-day.

G. W. CULLUM.

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SPECIAL FIELD ORDERS, No. 10.}

HDQRS. DISTRICT OF CAIRO, Fort Donelson, Tenn., February 16, 1862.

...

III. All prisoners taken at the surrender of Fort Donelson will be collected as rapidly as practicable near the village of Dover, under their respective company and regimental commanders, or in such manner as may be deemed best by Brig. Gen. S. B. Buckner, and will receive two days’ rations preparatory to embarking for Cairo. Prisoners are to be allowed their clothing, blankets and such private property as may be carried about their person and commissioned officers will be allowed their side-arms.

By order of Brig. Gen. U. S. Grant:

JNO. A. RAWLINS, Assistant Adjutant-General.

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DOVER, TENN., February 16, 1862.

Brig. Gen. U. S. GRANT, U. S. Army.

GENERAL: It is with much regret that I am forced to call your attention again to the cruel situation in which my men are placed by the ignorance of some of your executive officers on guard. Thousands of these men have been standing nearly all day in the mud without food and without fire. Whenever my officers attempt to collect their men they are arrested at almost every corner of the street by some of your guards.

The arrangement suggested by me this evening to employ four or five of your officers to assist in this collection is ineffectual. Fifty messengers could not accomplish it. If you wish to give effectual relief to my men your police orders will necessarily have to undergo material modifications.

On my way from your headquarters this evening I met opposite my quarters Captain Dodge, of one of your cavalry regiments, having in charge two of my colonels who by the orders of some officer for some unknown purpose were to be marched through the mud to your headquarters, although one of the officers was paroled specially by General Smith. There seems to be no concert of action between the different departments of your army in reference to these prisoners.

As a means of remedying this and the other existing evils I suggest either that your interior guards be permitted to respect my pass, or {p.268} that you appoint a provost-marshal or other officer who shall hold his office in my headquarters, vested with authority to issue passes for all necessary purposes connected with the administrative duties of the prisoners.

Very respectfully, your obedient servant,

S. B. BUCKNER, Brigadier-General, C. S. Army.

P. S.-I will thank you to decide also the question in reference to private horses, whether or not transportation will be allowed for them. If not their private property necessarily falls into the hands of your army.

Respectfully,

S. B. BUCKNER, Brigadier-General, C. S. Army.

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GENERAL FIELD ORDERS, No. 14.}

HDQRS. ARMY IN THE FIELD, Fort Donelson, February 16, 1862.

During the detention of prisoners of war at this place and to facilitate in collecting them and supplying their wants passes signed Brigadier-General Buckner, Confederate Army, will be respected by all inside guards.

By order of Brig. Gen. U. S. Grant:

[JNO. A. RAWLINS], Assistant Adjutant-General.

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DOVER, TENN., February 16, 1862.

Brigadier-General GRANT, U. S. Army.

SIR: The medical director of my command, Surgeon Griffin, desires to confer with the medical director of your army in reference to the disposal of sick prisoners. The office of Surgeon Griffin is at the Union Inn, in this place, where any communication from your officer will reach him.

I am, sir, your most obedient servant,

S. B. BUCKNER, Brigadier. General, C. S. Army.

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CAIRO, February 16, 1862.

Brigadier-General CULLUM, Commanding, &c.

SIR: Brigadier-General Sherman, at Paducah, on yesterday informed me that on reaching this place myself and the Confederate officers with me would be sent to either Saint Louis or Cincinnati on parole. I have just learned that our destination was Alton. If not incompatible with what you deem the public interest I desire that the understanding be carried out.

Respectfully, your obedient servant,

LLOYD TILGHMAN, Brigadier-General, C. S. Army.

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FORT LAFAYETTE, N. Y. Harbor, February 16, 1862.

ROBERT MURRAY, Esq., U. S. Marshal, Southern District, New York.

SIR: Two of the privateersmen confined at this post, Capt. William Perry and Henry Mills, both of the Petrel, are quite sick and need {p.269} comforts which cannot be given them here; therefore I would respectfully ask that they be removed to some hospital.

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

CHARLES O. WOOD, First Lieutenant, Ninth Infantry, Commanding Post.

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INDIANAPOLIS, February 17, 1862.

General HALLECK:

We can take care of 300 wounded at Evansville, 300 New Albany and 300 Indianapolis. We can also take 3,000 prisoners if necessary. I start a number of physicians to the fort at once. Was any Indiana regiment engaged?

O. P. MORTON, Governor of Indiana.

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DAVENPORT, February 17, 1862.

Hon. JAMES W. GRIMES, U. S. Senate:

Three thousand prisoners can be kept here at 16 cents each per day, Government furnishing building, fuel and guards. Government has building for 1,200 men; balance be ready in one week. Answer.

H. PRICE, Adjutant-General of Iowa.

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[WAR DEPARTMENT, February 17 (?), 1862.]

[Maj. Gen. GEORGE B. MCCLELLAN.]

DEAR GENERAL: Have any instructions been given to General Buell respecting the Kentucky prisoners? Judge Wickliffe thinks they ought not on any account to be exchanged. Please order accordingly.

Yours, truly,

EDWIN M. STANTON.

They should neither be exchanged nor paroled but forwarded North.

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WASHINGTON, D. C., February 17, 1862.

Major-General HALLECK, Saint Louis:

Please send Generals A. S. [B. R.] Johnson,* Pillow* and Buckner to Fort Warren, Boston Harbor, under a strong guard at once. Give instructions to the officer in command of the guard to preserve the closest watch over them and allow them no communication with any persons on the journey. Send to same place at once all the rebel officers taken who have been heretofore in our Army, as well as all field officers taken. Let the generals go separately from the others. Upon learning exact number of officers and men taken I will send instructions as to their disposition. In the meantime get them over the Ohio River to the points where they can be most securely kept. Take any steps necessary to secure them. Telegraph how many are sent to Fort Warren under this order.

GEO. B. MCCLELLAN.

* Johnson escaped and Pillow was not captured.

{p.270}

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WASHINGTON, Monday Morning [February 17, 1862].

MY DEAR SCHUYLER: General McClellan directs me to inform you that he leaves the whole matter of admitting visitors to General Stone to the discretion of Major Burke, commandant of Fort Lafayette. If the major chooses to admit you he can do so. We are jubilant here to-day over the capture of Fort Donelson.

I am, very truly, yours,

J. J. ASTOR, JR., Colonel and Aide-de-Camp.

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INDIANAPOLIS, IND., February 17, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

I have just telegraphed General Halleck that we could take care of 3,000 prisoners at this place. I go with an extra train to Donelson with ten surgeons and a lot of nurses immediately.

O. P. MORTON, Governor of Indiana.

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HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, February 17, 1862.

Brigadier-General GRANT, Paducah:

Send 500 sick and wounded to Cincinnati consigned to Sanitary Committee, the sick and wounded of our own troops and of the enemy to be treated precisely alike. The boats which take them to Cincinnati to be fitted up as comfortable as possible for our own men and for the rebels.

H. W. HALLECK, Major-General.

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HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, February 17, 1862.

Brigadier-General SHERMAN, Paducah, Ky.:

You will send 500 of the sick and wounded to Cincinnati, our own men and the enemy to be treated precisely the same. Fit up boats and send them up. Remainder to be sent to Mound City and to Saint Louis. Inform General Grant. All sick and wounded must be withdrawn from Fort Henry and Fort Donelson.

H. W. HALLECK, Major-General.

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SAINT LOUIS, February 17, 1862.

Brigadier-General CULLUM, Cairo:

Send prisoners of war here and I will arrange to forward them to Springfield and Chicago. I am making provisions for them at those places. Give them everything necessary for their comfort. Treat them the same as our own soldiers.

H. W. HALLECK, Major-General.

{p.271}

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SAINT LOUIS, February 17, 1862.

Lieutenant-Colonel BURBANK, or COMMANDING OFFICER AT ALTON PRISON, ILLINOIS:

General Tilghman and officers will be given the limits of Alton on their arrival by giving their parole.

H. W. HALLECK, Major-General.

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SAINT LOUIS, February 17, 1862.

JOSHUA H. BATES, Cincinnati:

Five hundred sick and wounded will be sent to Cincinnati. Our own troops and enemy’s to be treated precisely alike.

H. W. HALLECK, Major-General.

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HEADQUARTERS DISTRICT OF WEST TENNESSEE, Fort Donelson, February 17, 1862.

General G. W. CULLUM, Chief of Staff, Department of the Missouri.

GENERAL: I am now forwarding prisoners of war to your care and I shall be truly glad to get clear of them. It is a much less job to take than to keep them. In the midst of confusion there has been a great deal of plundering notwithstanding all the precautions taken to prevent it. I ordered guards over all captured property before marching the troops into the works of the enemy but it seemed to do no good. All steamers leaving are searched to recover such as can be found and guards placed to prevent such property from being carried aboard. I would suggest that precautions be taken also to prevent landing any captured property except to be taken charge of by a proper officer. Several regiments of my command, General McClernand’s division, were repulsed for a time on the morning of the 15th and their blankets fell into the hands of the enemy. I am trying to have them collected and returned. All those lost I believe are gray with the letters U. S. in the center. All such found upon the prisoners I would recommend should be taken from them and returned here.

I am not in want of commissary stores nor any supplies as yet, except ammunition already written for. I would like, however, if you would urge the quartermaster to hurry up the teams left by different regiments from Cairo and Paducah. I permitted no regiment to bring over four teams on account of limited transportation, and many of the new regiments from other points have come without any. The teams captured here will I think supply all our remaining wants if those already assigned to regiments are sent.

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

U. S. GRANT, Brigadier-General.

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HEADQUARTERS DISTRICT OF WEST TENNESSEE, Fort Donelson, February 17, 1862.

General G. W. CULLUM, Chief of Staff, &c.

GENERAL: I am getting off the prisoners captured as rapidly as possible. Think the last will be off to-morrow. I fear they will prove an {p.272} elephant. I would suggest the policy of paroling all prisoners hereafter and taking a receipt for them from the commanding officer, so that exchanges may all be made on paper. Seeing the trouble I have had myself I began to pity you the moment the first cargo started.

Send me 5,000 blankets and 1,000 overcoats as soon as possible. Many were lost on the battle-field and the men are now without. We want blanks of all kinds and particularly muster-rolls for the approaching muster.

Respectfully, &c.,

U. S. GRANT.

P. S.-If everything looks favorable I will take and garrison Clarksville in a few days. At present I am not ready.

U. S. G.

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HEADQUARTERS DISTRICT OF WEST TENNESSEE, Fort Donelson, February 17, 1862.

General J. A. MCCLERNAND, Commanding First Division.

GENERAL: It appears that during the night a large number of captured animals have been run off and many prisoners escaped. As the larger portion of the cavalry force of this command is in your division I wish you would form patrols to prevent further escape, and also send a party into the country to recapture such as may be found. Direct your patrols to take all horses and other captured property found in possession of our troops and turn the same over to Capt. A. S. Baxter, assistant quartermaster. In case of officers having such property they must be arrested and the names reported to these headquarters.

Respectfully, your obedient servant,

U. S. GRANT, Brigadier-General, Commanding.

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HEADQUARTERS DISTRICT OF WEST TENNESSEE, Fort Donelson, February 17, 1862.

Colonel SWEENY, Commanding Fifty-second Illinois Volunteers:

You will take charge of the prisoners to be transported to Cairo from whence the guard will return here, furnishing the necessary number to guard each steamer not now provided for. You will provide two days’ rations for the prisoners and four days’ rations for the guards. The arms of the commissioned officers will be kept separate and returned to them at Cairo unless otherwise ordered, i.e., pistols and swords. All other arms will be turned over to the quartermaster at Cairo.

By order of Brig. Gen. U. S. Grant, commanding:

JOHN RIGGIN, JR., Aide-de-Camp.

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HEADQUARTERS DISTRICT OF WEST TENNESSEE, Fort Donelson, February 17, 1862.

General S. B. BUCKNER, C. S. Army:

At the request of Major Vanderville I am about sending a flag of truce up the river as far as Clarksville for the purpose of carrying the bodies {p.273} of two officers of your army. If you have still a desire to effect a release of a portion of the prisoners held here an opportunity presents itself of doing so. I will release just the same number of your men that you do of Federal troops,* rank for rank. Any arrangement that you may suggest as to the place of making the exchange will be agreeable to me.

U. S. GRANT, Brigadier-General, Commanding.

* See Series I, Vol. VII, p. 159.

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FORT DONELSON, February 17, 1862.

Brig. Gen. U. S. GRANT, U. S. Army, Fort Donelson.

SIR: In reply to your communication of this date I suggest that the prisoners taken by the Confederate army at this place be exchanged for an equal number of prisoners of the Second Kentucky Regiment now here and that the place of exchange be at some point on the Cumberland River, say Clarksville.

Permit me also to ask, as your flag is about to start, if I can be permitted to send a brief dispatch to General Johnston, and also if officers can send private letters (open) to their friends in the Confederate States? If your answer should be affirmative please inform me of the time of departure of your flag.

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

S. B. BUCKNER, Brigadier-General, C. S. Army.

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HEADQUARTERS DEPARTMENT OF THE OHIO Louisville, Ky., February 17, 1862.

General A. S. JOHNSTON, Commanding Confederate Army.

SIR: I have the honor to acknowledge the receipt of your communication of the 6th instant. I appointed Brigadier-General Johnson on the 9th instant to confer with Brigadier-General Hindman relative to an exchange of prisoners.

I accept your proposition in substance in regard to medical officers, and in order that the rule on that subject may be as definite as possible I propose the following for your consideration: Medical officers taken as prisoners of war while in the discharge of their professional duties either on the field of battle or elsewhere may be retained to take charge of their own sick and wounded as long as their services are required. When not required for that purpose they will be sent back to their own lines under a flag of truce without parole or exchange. While employed with their sick or wounded they will be allowed all proper facilities and indulgences necessary for that object but will be liable to the usual terms of parole for prisoners of war.

This arrangement is not to be construed as interdicting either party from the adoption of rigorous measures toward medical officers who abuse the privileges meant to be extended to them in their professional character.

Very respectfully, your obedient servant,

D. C. BUELL, Brigadier-General, Commanding.

{p.274}

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

Brigadier-General BURNSIDE, Commanding Department of North Carolina.

GENERAL: Your letter of yesterday’s date has just been sent to me and I will authorize Maj. Benj. Allston to arrange on my part terms based upon your propositions. Major Allston will proceed to meet Lieutenant-Colonel Osborn as soon as I get his instructions written. I beg leave to state to you that I have been notified by Major-General Wool that he is fully authorized to agree upon terms for a fair exchange of prisoners, and proposes to meet myself or such other commissioner as our Government may appoint to make all arrangements. This offer has been referred to my Government and I expect their answer to-morrow. I therefore propose to avoid confusion that the equivalent of rank agreed upon by this regularly appointed commission be adopted by us in the present exchange.*

I am, very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

* See Huger to Cooper, February 18, p. 801.

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SPRINGFIELD, February 17, 1862.

Major-General HALLECK:

If quarters for prisoners are wanted we have barracks here that will accommodate 3,000 to 4,000 and at Chicago for 8,000 or 9,000.

JOSEPH H. TUCKER. (For the Adjutant-General.)

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GENERAL ORDERS, No. 12.}

HDQRS. DEPT. OF WESTERN VIRGINIA, Wheeling, Va., February 17, 1862.

In consequence of the want of proper information officers and troops in capturing or using private property may injure the good name of our Army, trample on private rights and expose themselves and the Government to legal claims for damages. The following general principles are therefore laid down for the guidance of all concerned in this department:

I. All property captured from rebels in arms by our troops belongs to the United States and must be promptly turned over by the officer capturing it to the nearest regimental, brigade or post quartermaster, who must give to him duplicate receipted invoices therefor, one of which he must forward to these headquarters without delay.

II. All property in transitu between loyal and disloyal districts for trade, all that has been used to aid the rebels in arms, all that belongs to rebels in arms or in active hostility to the Government of the United States, or that is designed to be used in aid of men in rebellion is subject to prize and capture, but whoever undertakes to capture it does so at his peril, and he must bring it into the U. S. district court where the right of capture will be examined and decided.

III. Should the decision be against the captor he would become individually responsible for wrongs done to private property without authority or necessity.

IV. Absolute necessity alone will justify taking private property without the consent of the owner thereof and the officer commanding will see that proper compensation is made for the property taken, or {p.275} that duplicate invoices thereof are made and receipted, one of which goes to the owner or claimant should there be one, the other to be promptly forwarded to department headquarters, and the commanding officer will be held accountable for such property in the same way as if it had been regularly issued by the Government.

V. The ownership of all private property coming into the possession of our troops and not necessary for the service is subject to the judgment of the U. S. district court, and all officers and men are enjoined to respect the mandates of this court and yield obedience to them unless in their judgment it would be highly injurious to the public service, in which case they must return a respectful answer to that effect and report the same with reasons through the proper channel to these headquarters.

VI. Any officer failing to account for property as required by this order will be tried for disobedience of orders and conduct unbecoming an officer and a gentleman. Any officer taking private property without lawful authority will moreover be liable to be proceeded against by the owner thereof in the civil courts.

By command of Brigadier-General Rosecrans:

GEO. L. HARTSUFF, Assistant Adjutant-General.

NOTE.-Should property mentioned in paragraph II of this order be condemned by the court the law gives half the net proceeds of the sale thereof to the informant or captor.

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WASHINGTON, February 18, 1862-1.30 p.m.

Generals HALLECK, BUELL and ROSECRANS:

I am directed by the Secretary of War to instruct you that no arrangements either by equivalents or otherwise will be made for the exchange of the rebel generals Johnson, Buckner, Pillow and Tilghman, nor for that of prisoners who had served in our Regular Army, without special orders from these headquarters.

G. B. MCCLELLAN, Major-General, Commanding U. S. Army.

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WASHINGTON, p. C., February 18, 1862.

General J. A. DIX, Baltimore:

Please forward the following to General Wool, Fortress Monroe:

I am directed by the Secretary of War to instruct you that no arrangements either by equivalents or otherwise will be made for the exchange of the rebel generals Johnson,* Buckner, Pillow and Tilghman, nor for that of prisoners who had served in our Regular Army, without special orders from these headquarters.

GEO. B. McCLELLAN, Major-General, Commanding U. S. Army.

* Johnson (B. R.) escaped and Pillow was not captured.

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WASHINGTON, February 18, 1862.

Major-General HALLECK, Saint Louis, Mo.:

General McClellan directs that you send General Tilghman to Fort Warren with the other generals if you have him in charge.

A. V. COLBURN, Assistant Adjutant-General.

{p.276}

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SAINT LOUIS, February 18, 1862.

Brigadier-General CULLUM, Cairo:

Send 3,000 prisoners to Springfield, 3,000 to Indianapolis and remainder to Chicago. Officers on giving their parole in writing will be sent to Columbus, Ohio.

H. W. HALLECK, Major-General.

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SAINT LOUIS, February 18, 1862.

Major-General MCCLELLAN:

I have ordered all the men taken to be sent to Springfield, Ill., Chicago and Indianapolis, where there is plenty of barrack-room. Preparation is already being made at these places for their reception. I had directed the officers to be sent to Columbus, Ohio, on parole but will immediately countermand that. Pillow and Floyd escaped before bombardment. General A. S. Johnston was not there; it was General Bushrod R. Johnson. In consultation with Assistant Secretary Scott I have made all necessary provisions for wounded and prisoners.

H. W. HALLECK, Major-General.

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SAINT LOUIS, February 18, 1862.

Governor O. P. MORTON, Indianapolis, Ind.:

How many prisoners can you accommodate?

H. W. HALLECK, Major-General.

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INDIANAPOLIS, February 18, 1862.

General HALLECK:

Governor Morton left for Donelson on special train with surgeons and volunteer nurses to look after Indiana wounded, and is now at Cairo.

We can as he telegraphed you last night take care of 3,000.

W. R. HOLLOWAY, Private Secretary.

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HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, February 18, 1862.

Brigadier-General GRANT, In the Field:

By order of the Secretary of War no paroles will be given to Confederate officers prisoners of war. They will all be sent here under strong guards. All orders to the contrary revoked.

H. W. HALLECK, Major-General.

(Sane to Generals Sherman, Paducah, and Cullum, Cairo.)

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SAINT LOUIS, February 18, 1862.

Brigadier-General CULLUM, Cairo:

The prisoners of war will be sent to Chicago, Springfield and Indianapolis. I will soon telegraph you the proportions for each place. The {p.277} regiments that have suffered most should go as guards; 500 sick and wounded will go to Cincinnati and the remainder will come here. No discrimination will be made between our men and the enemy. Send this to Generals Sherman and Grant.

H. W. HALLECK, Major-General.

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SAINT LOUIS, February 18, 1862.

Governor R. YATES, Springfield, Ill.:

Three thousand prisoners will be sent to Springfield and 3,000 to Indianapolis and remainder to Chicago.

H. W. HALLECK, Major-General.

(Same to Governor O. P. Morton, Indiana.)

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CAIRO, February 18, 1862.

Major-General HALLECK:

We think it unsafe to send prisoners to Springfield, Ill.; there are so many secessionists at that place.

RICHARD YATES. O. M. HATCH. JESSE K. DUBOIS.

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CAIRO, February 18, 1862.

Major-General HALLECK:

White Cloud, Empress, Gladiator and D. A. January on way to Saint Louis with 4,000 to 5,000 prisoners of war. Your instructions were anticipated and orders given last night regarding their destination, treatment and comfort. Governor Morton can provide at Indianapolis, Terre Haute, Fort Wayne, Lafayette and Richmond for 3,000 prisoners, and will provide guards for them if approved. Will send direct from Fort Donelson 1,500 to be landed at Evansville and same number at New Albany.

Will send 500 wounded if necessary to Cincinnati, Hamilton will go to Grant unless you countermand. Steele and troops now at Bird’s Point. No more expected except those of Buell’s, which I understand you are to be diverted from first destination. Cumberland iron-works, not Clarksville, burned. Telegraph line to Fort Henry completed to-morrow. Will order continuance to Fort Donelson. River reconnaissance yesterday with two gun boats and steamer went within four miles of Columbus. Saw dense smoke rising over all batteries-might have been from firing. Seventeen guns heard at irregular intervals on way down. At Fort Jefferson was told that 20,000 had marched on 16th toward Milburn. Don’t believe it. Saw steamer’s lights on return following three miles behind.

GEO. W. CULLUM, Brigadier-General.

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CHICAGO, February 18, 1862.

Major-General HALLECK:

The State has a lease of the camp-grounds here until the 1st of May free of charge. Shall I renew it on same terms and prepare it immediately for prisoners? And if so when will it be wanted? It will {p.278} accommodate 7,000. I can get the balance of the troops away this week. Answer me at Chicago this evening as I leave for Springfield at midnight.

ALLEN C. FULLER, Adjutant-General.

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SAINT LOUIS, February 18, 1862.

ALLEN C. FULLER, Springfield:

Guards will be sent with prisoners of war. Can’t say when they will reach you. Army officers will issue supplies to them.

H. W. HALLECK, Major-General.

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INDIANAPOLIS, February 18, 1862.

QUARTERMASTER-GENERAL:

General Halleck has ordered 3,000 prisoners of war to this place. Am preparing barracks at small expense. What supplies shall be furnished them?

JAS. A. EKIN, Assistant Quartermaster.

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CAIRO, February 18, 1862.

Major-General HALLECK:

There are 11,000 prisoners here now. Shall I send some to Indianapolis, say 3,000? Governor Morton is here and says they can be guarded. Governor Yates, of Illinois, says that they cannot be guarded at Springfield, Ill. It certainly is not safe to send them to Springfield. Colonel Wilson has been ordered away from there. Answer immediately.

E. A. PAINE, Brigadier-General, Commanding.

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U. S. MARSHAL’S OFFICE, SOUTHERN DIST. OF NEW YORK, New York, February 18, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C.

SIR: I am informed by Lieut. Charles O. Wood, officer commanding at Fort Lafayette, that two of the privateersmen of the Petrel, Capt. William Perry and Henry Mills, are sick and require to be sent to some hospital. I inclose the lieutenant’s letter* and respectfully ask your authority to remove the prisoners.

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

ROBERT MURRAY, U. S. Marshal.

* Omitted here; see p. 268.

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WASHINGTON, February 19, 1862.

Hon. E. M. STANTON, Secretary of War.

SIR: I inclose you a letter from Col. W. E. Woodruff, of Second Kentucky Infantry, who was taken prisoner in Western Virginia some {p.279} six or seven months since. I have made repeated applications for his exchange but without effect. I earnestly request you to include him among the first prisoners exchanged. Those mentioned by him in his letter are also entitled to be exchanged.

Very respectfully, your obedient servant,

R. MALLORY.

[Inclosure.]

COLUMBIA JAIL, S. C., February 8, 1862.

Hon. ROBERT MALLORY, M. C., Washington, D. C.

DEAR SIR: I have written you twice by persons exchanged, and as Captain Morrill, of the ship Osceola, goes home to-day (exchanged) I again address you on the subject-matter of previous letters, not that I think you have forgotten me but merely to notify you of the fact that my wife writes me that she has received assurances from persons in high authority that I would soon be released. From whom she has derived this I do not know, nor do I know the circumstances on which it is based, but those parties must be or should be aware that so long as the privateers are held otherwise than as prisoners of war there can be no possible chance of our release; therefore she should not be so assured until that question is settled, as it is wrong to raise hopes that must remain in abeyance until then.

I do not like to complain nor annoy you further in reference to this matter but it does seem to me that our Government is very tardy in doing justice to the field officers who were held as hostages. Nearly three months have elapsed since by order we have been confined and treated as felons, degraded and humiliated, and yet no steps have been taken as we are aware to relieve us from the mortification and suffering we have been compelled to endure. Does the Government ever intend to act? If so, why delay? If not, and we are to be hung up like dogs, the sooner we are advised of the fact the better, for death is far preferable to an endless imprisonment.

I love my country-am willing to endure all a man can do for the attainment of any great end beneficial to all if convinced it is for the common good, but I confess in this instance it is not visible. Then have the privateers turned over as prisoners of war, and when this is done have a full colonel sent down to he exchanged specially for me, as this seems the way in which other exchanges are managed.

Permit me to thank you for your services in my behalf and to call your attention again to the release of Lieutenant-Colonel Neff, Captain Austin and myself, of Second Kentucky Regiment, who have been held since July 17, 1861, now nearly seven months, and who most respectfully urge you to insist upon such arrangements as will speedily restore us to that liberty we so munch desire.

Relying upon you and other friends who act with you for us, I remain, yours, &c.,

WM. B. WOODRUFF, Colonel Second Kentucky Infantry.

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LOUISVILLE, February 19, 1862.

Major-General HALLECK, Saint Louis:

Au officer has been sent with a writ to Cairo for General Buckner. Do not let him come here; the feeling against him is very bitter and {p.280} will lead to trouble. Keep him in your control and send him to Ohio or other point you may select. I write by mail.

T. A. SCOTT, Assistant Secretary of War.

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LOUISVILLE, KY., February 19, 1862.

Major-General HALLECK, Commanding Department of the West, Saint Louis, Mo.

DEAR SIR: I arrived here this morning at 8 o’clock. ... I find here an intensely bitter feeling against Buckner and do not think it safe to send him to this point. Many threats are made of lynching him if he is brought into Kentucky. It appears that he was indicted for treason some time since at Louisville, and after his capture at Donelson a writ was issued by the superior court and an officer dispatched for Cairo to bring him here for trial. Fearing trouble by the advice of some of our Union friends I telegraphed you this morning to hold him in military custody and send him to Ohio or any point you might select until the Secretary of War could be advised. I telegraphed him the purport of my telegram to you.* ...

Very truly, yours,

THOMAS A. SCOTT, Assistant Secretary of War.

* For this document entire see Series I, Vol. VII, p. 941.

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WAR DEPARTMENT, Washington, February 19, 1862.

Lieut. CHARLES O. WOOD, U. S. Army, Commanding, Fort Lafayette, N. Y.

SIR: You may transfer the two prisoners, William Perry and Henry Mills, reported by you as sick and needing comforts which cannot be afforded them at the fort, to one of the military hospitals.

By order of the Secretary of War:

L. THOMAS.

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SAINT LOUIS, February 19, 1862.

Governor TOD, Columbus, Ohio:

How many prisoners of war can you accommodate in Columbus?

H. W. HALLECK, Major. General.

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SAINT LOUIS, February 19, 1862.

Major-General MCCLELLAN, Washington:

I have thought much over your order* relating to the captured general and field officers. All here whom I have consulted think it will have a bad effect in Kentucky and Tennessee. The Union feeling is gaining there rapidly; we must do nothing to check it. We can afford to be generous. It will have an excellent effect. Let me carry out my plan and send all officers to Columbus, Ohio, on parole. If they violate it I will hang them.

H. W. HALLECK, Major-General.

* See pp. 269,275.

{p.281}

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SAINT LOUIS, February 19, 1862.

Brigadier-General SHERMAN, Paducah:

Give Governor Morton the Indiana wounded. Use your discretion in this matter. No paroles will be given to rebel officers. Divide them; send a part here and a part to Cincinnati under strong guards. Telegraph above to Cullum and Grant.

H. W. HALLECK, Major-General.

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SAINT LOUIS, February 19, 1862.

Brigadier-General CULLUM, Cairo:

Send 3,000 prisoners to Indianapolis, 7,000 to Chicago, but none to Springfield. The remainder will probably go to Columbus, Ohio. Officers must be separated from the men. Send them here under a strong guard; the steamer to anchor in the river; no communication with the shore. No paroles will he given. General Pope goes down to-day to take temporary command at Cairo. Give him the order when he arrives.

H. W. HALLECK, Major-General.

–––

SAINT LOUIS, February 19, 1862.

W. R. HOLLOWAY, Indianapolis:

Prisoners will be accompanied with sufficient guards. Cannot tell when they will reach you. Have barracks ready for them.

H. W. HALLECK, Major-General.

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SAINT LOUIS, February 19, 1862.

JOSHUA H. BATES, Cincinnati:

Five hundred of the sick and wounded from Fort Donelson have been assigned to Cincinnati. Treat friend and foe alike.

H. W. HALLECK, Major-General.

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SAINT LOUIS, February 19, 1862.

C. H. ELDRIDGE, Davenport, Iowa:

All wounded are sent to Cincinnati, Mound City, Evansville and Saint Louis. No distinction is made between States or between friends and foes. It is simply a question of humanity.

H. W. HALLECK, Major-General.

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SAINT LOUIS, February 19, 1862.

D. K. GREEN, Salem, Ill.:

Sick and wounded have been sent to hospitals and cared for without distinction of States or counties, friends or foes. Humanity required this.

H. W. HALLECK, Major General.

{p.282}

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CAIRO, February 19, 1862.

Major-General HALLECK:

Eight steamers with 5,000 prisoners here. Shall I send 3,000 of them to Indiana as proposed yesterday? Telegraph reply immediately.

G. W. CULLUM, Brigadier-General.

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CAIRO, February 19, 1862.

Major-General HALLECK:

Telegraph line broken between Mound City and Paducah since 11 a.m. About 9,000 prisoners had gone to Saint Louis before receiving your dispatch. One thousand left for Chicago this evening and 500 follow to-morrow morning. Have made the best defensive disposition in my power. Bad policy sending senior general unfamiliar with forces and localities. Have thus far amply provided for wounded without sending any to Cincinnati.

GEO. W. CULLUM, Brigadier-General.

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CAIRO, ILL., February 19, 1862.

Maj. Gen. H. W. HALLECK.

MY DEAR GENERAL: It is mighty hard to play everything from corporal to general and to perform the functions of several staff departments almost unaided as I have done the past two weeks. ... We have provided for all the sick and wounded thus far without sending any to Cincinnati, for which we have no steamer to spare. There are 1,400 at Paducah and 1,200 at Mound City and but few here. Volunteer surgeons and nurses have supplied all my wants and many more are constantly offering. Hordes of brothers, fathers, mothers, sisters, cousins, &c., have reached here to find the dead and see the wounded, but I have had to refuse passes to all, as they would fill all our steamers, eat our rations, and be of no service to the wounded. By some strange accident several of your telegrams did not come into my hands till after I had telegraphed urgently to you to-day to know the disposition of the prisoners. All but 1,500 had then gone up the Mississippi, being nearly 10,000. Of the remaining, 1,000 went well guarded to-night and 500 will follow in the morning to Camp Douglas.

For want of steamer and guards I was compelled to send officers as well as men, but had them separated and have instructed the commanding officer at Camp Douglas to continue to keep them apart. The officers came down with pistols and side-arms saying it was so agreed by General Grant. I have disarmed them, sending their swords and pistols to the commanding officer at Camp Douglas to be governed by your instructions in the matter. I have telegraphed to Smithland if any more came down the Cumberland to send them up the Ohio to Jeffersonville, Ind., to go thence by railroad to Indianapolis.

...

I am completely fagged out, and being among the little hours of the morning I must say good night.*

Yours, very truly,

G. W. CULLUM.

* For this document entire, see Series I, Vol. VII, p. 942.

{p.283}

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LOUISVILLE, February 19, 1862.

Major-General HALLECK:

A warrant has been issued and an officer sent by the State authorities to arrest and claim the custody of General Buckner on the charge of treason against the State of Kentucky. The feeling against him is so intense among a large portion of the people of the State that his presence would seriously endanger the good order of the community, and I request that he shall under no circumstances be sent here or turned over to the civil authority.

D. C. BUELL, Brigadier-General, Commanding.

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HEADQUARTERS DISTRICT OF WEST TENNESSEE, Fort Donelson, February 19, 1862.

General G. W. CULLUM, Chief of Staff, Department of the Missouri.

GENERAL: ... As soon as I got possession of Fort Donelson I commenced sending the sick and wounded to Paducah as seems to have been the desire of General Halleck. No distinction has been made between Federal and Confederate sick and wounded. Generally the prisoners have been treated with great kindness and I believe they appreciate it. Great numbers of Union people have come in to see us and express great hope for the future. They say secessionists are in great trepidation-some leaving the country, others expressing anxiety to be assured that they will not be molested if they will come in and take the oath.

...

Respectfully, your obedient servant,

U. S. GRANT, Brigadier-General.

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HEADQUARTERS DISTRICT OF WEST TENNESSEE, Fort Donelson, February 19, 1862.

Brig. Gen. S. B. BUCKNER, C. S. Army:

I am instructed by Brig. Gen. U. S. Grant, commanding, to say to you that there is transportation now in readiness for 6,000 men, which number he desires may embark this evening. The remainder will be allowed to remain in their camps until morning.

[JNO. A. RAWLINS,] Assistant Adjutant-General.

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SANDOVAL, February 19, 1862.

Major-General HALLECK:

Ten thousand prisoners in my charge are going to you on boats. Are they in danger on river? I came by rail, but have lost connection.

CHAS. WHITTLESEY, Colonel Twentieth Ohio Regiment.

{p.284}

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OFFICE COMMISSARY-GENERAL OF PRISONERS, New York City, February 19, 1862.

Maj. W. S. PIERSON, Commanding Depot of Prisoners of War, Sandusky, Ohio.

MAJOR: Yours of the 15th* with Doctor Woodbridge’s acceptance of the appointment of medical officer at the depot at $100 per month is just received. I send a telegram to you requesting you to employ him immediately. Make a contract with him according to Form 18, medical regulations, specifying that he is to receive the fuel and quarters of an assistant surgeon. When I return to Sandusky I will approve the contract and forward it to the Surgeon-General. If I should not return you can forward it as having been made by my order. While the men are suffering with the mumps it may be well to quarter some of them in the officers’ block nearest to the gate, north side, in the inclosure.

Very respectfully, your obedient servant,

W. HOFFMAN, Lieut. Col. Eighth Infantry, Commissary-General of Prisoners.

* Omitted as unimportant.

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Memoranda of the arrest of Henry Myers and Thomas T. Tunstall, from Record Book, State Department, “Arrests for Disloyalty.

Henry Myers and Thomas T. Tunstall were arrested on or about the 19th day of February, 1862, at Tangier, Morocco, by the consul of the United States at that place. Myers was taken as an officer of the rebel steamer Sumter, commonly styled a privateer or private vessel, and Tunstall was charged as an accomplice of Myers, aiding and assisting him in efforts to procure coal and other supplies for the said vessel. The Moorish authorities on the requisition of the consul furnished men to make the arrest of these men and to iron and deliver them to the consul and to guard them in his house. While so confined Myers found means to cut off his irons and jump from a window and attempted to escape, but was recaptured and returned to the same custody. On the 26th day of February the said prisoners were delivered to Capt. J. P. Creesy, of the U. S. ship Ino, to be forwarded to the United States. A mob of the European residents of Tangier threatened to prevent the embarkation of the prisoners but their demonstrations were suppressed by the Moorish authorities. Some ill-feeling was engendered between the consul of the United States and the representatives of European governments and some correspondence resulting therefrom ensued. While on board the Ino the said prisoners had handcuffs put on them in addition to the shackles which had before been placed upon their ankles. On or about the 6th day of March the said prisoners were transferred to the bark Harvest Home, Captain Dickey, an American merchant vessel, to be brought to the United States. On the second day after receiving them Captain Dickey removed the handcuffs from the prisoners and on the voyage treated them with such kindness as to elicit from each of them repeated expressions of satisfaction and of gratitude. On or about the 18th day of April, 1862, the said bark Harvest Home arrived at Boston and Captain Dickey delivered the said prisoners to the U. S. marshal at Boston in pursuance of his undertaking. Previous, however, to their arrival a sympathy had been aroused for them in Boston which had {p.285} become quite general and had even spread to the officers of the United States. Mr. Charles Homer, a man of wealth and position in Boston, had received a letter from his relative, Mr. Sprague, U. S. consul at Gibraltar, saying:

I learn Tunstall, the ex-consul at Cadiz, has been arrested at Tangier with the purser of the Sumter and sent home as prisoner. I have seen this man here occasionally and have never heard him or can learn of his uttering disloyal sentiments. The only thing I knew against him was his being found in bad company.

Mr. Homer had also been requested by Mr. Sprague to advance the sum of $50 for him to Tunstall on the presumption that his necessities would require such advance, which request he had spoken of to the U. S. marshal and some of his personal friends. These circumstances had prepared the minds of many good people to receive with full credit and warm sympathy the complaints with which the prisoners were clamorous on their arrival, of causeless arrest and grievous cruelty of treatment. These complaints, with expressions of the sympathy excited in Boston, came to the Department of State and the Secretary sent one of his clerks to Boston with the papers on the subject to examine and report upon the case. The report made in pursuance of this order showed in addition to the above facts that Tunstall claimed always to have been a loyal citizen of the United States, and alleged that he offered on his arrest at Tangier to take the oath of allegiance to the United States, but the consul would not accept it. On being asked if he would then take the oath of allegiance he at first emphatically declined, but after a conversation with a friend he stated that he would that said Tunstall alleged that at the time of his arrest he was on his way to Cadiz, his residence, with Myers in his company as his guest on his invitation, Myers being a former acquaintance, in which statement Myers concurred except that he said he had never met Tunstall before; that a similar discrepancy occurred in their statements in regard to their ability to change their clothing with irons on their ankles while on board the Harvest Home, said Tunstall alleging that such change was impossible, while said Myers stated that it was practicable and that they did it repeatedly on the voyage; that said Tunstall had become estranged from his own country and disinclined to return; that his loyalty should rather be styled indifference, for he was evidently as ready to meet on terms of friendly and equal intercourse on foreign soil with traitors as with loyal men, but that in the absence of proof of any direct complicity with treason he might be discharged from custody on taking the oath of allegiance, but that the consul at Tangier had good ground in the strong probability of his guilt for his arrest; that the said Myers, being an officer of the armed steamer Sumter unlawfully cruising against and depredating upon American commerce in the interest and by the pretended authority of the rebellion, ought to be detained till the close of the war, and having turned traitor while holding the commission and wearing the uniform of the United States, ought to be made to feel the hand of his country’s avenging justice; that the complaints of the said prisoners of cruel treatment by the said U. S. consul at Tangier do not appear to be well founded and that the same complaints in regard to Lieutenant Creesy, commanding the U. S. ship Ino, are probably capable of satisfactory explanation. About the same time with this examination at Boston there were received at the Department three intercepted letters, one dated February 26, 1862, from C. G. Memminger, the pretended Secretary of the Treasury of the rebel Government, to Messrs. Fraser, Trenholm & Co., of Liverpool, being a letter of credit for £6,000 in favor of the said Myers as paymaster of the Navy {p.286} of the Confederate States; one dated March 1, 1862, from S. B. Mallory, the pretended Secretary of the Navy of the said rebel Confederacy, to the said Myers as such pretended paymaster, advising him of said letter of credit, and another of the same date from the same Mallory to one James M. Mason, a pretended commissioner of the said rebel Confederacy to Great Britain, inclosing said letter of credit and urging him to expedite the transmission thereof.

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CONSULATE OF THE UNITED STATES, Tangier, February 20, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: I have the honor to inform you that two secessionists commissioned by the captain of the pirate steamer Sumter were landed here yesterday from a merchant French steamer, Ville de Malaga, proceeding from Gibraltar on their route to Cadiz to purchase coal to supply the Sumter, which is still in the port of Gibraltar uncoaled. One of these men I am informed is a lieutenant of the Sumter; the other, Mr. Tunstall, who has been acting as U. S. consul at Cadiz up to some time last summer and was intending to return to the Southern States on board of the Sumter.

Having received this information from what I considered reliable authority I made application to the Moorish authorities for soldiers and had them arrested at the beach at about 4 o’clock in the afternoon of yesterday as they were about to return to the steamer to proceed to Cadiz. They are now confined in one of the rooms of the U. S. consulate awaiting the arrival of the Tuscarora, which is expected to-morrow, as I wish to place them in the charge of her commander to be conveyed by him to the United States on his return.

During the progress of these proceedings I overheard Tunstall calling his friend Myers, and in a note that he gave to one of the soldiers to be conveyed to a friend of his at the English hotel by the name of Harrison, a lieutenant in the English navy, which I objected to be delivered, he signed the initials H. M. I then referred to the U. S. Navy Register for the year 1861 and found in page forty-six that a man by the name of Henry Myers was commissioned paymaster with the rank of lieutenant on the 21st day of June, 1854, and was a citizen of the State of Georgia at the time. During a conversation I held with Tunstall he informed me that his comrade was a citizen of Georgia, consequently all these circumstances induced me to the belief that the aforementioned prisoner in question is the identical Henry Myers.

I had no way to confine them safely without putting them in irons, and even then I have to keep four soldiers guarding them day and night. They applied for French protection on the ground that they came to this place on board of a French steamer, but the French consul’s reply was that as soon as they left the steamer and landed on Moorish territory he had no right to protect them nor to interfere in any way whatever. They then claimed an interview with the British minister, Mr. Drummond-Hay, but this gentleman called on me and inquired if I was aware of my prisoners having requested an interview with him. I answered not. I said to him: “Mr. Hay, I know you to be a gentleman and if you desire to see the prisoners you can do so.” He replied promptly that he did not; first, he said he had no power to interfere; secondly, his Government had given positive instructions to all their ministers and agents abroad to observe strict neutrality.

{p.287}

I must add that the Moorish authorities are entitled to great credit for their prompt assistance in aiding the arrest of these men. I must not omit also the confidential interpreter of this consulate, M. Moses Parinte, who acted with great energy and activity in the capture of these men.

American citizens may talk and plot treason and rebellion at home (if they can) but they shall not do so where I am if I have the power to prevent it.

Hoping the Government will approve of what I have done in this matter,

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

JAMES DE LONG.

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WAR DEPARTMENT, Washington, February 20, 1862.

JOSEPH H. BRADLEY, Esq., Washington, D. C.

SIR: The Secretary of War directs me to acknowledge your letter of the 16th instant with the inclosure for General Stone and to say in reply that he deems your letter an improper one to be sent to General Stone and will therefore withhold it. Further that your request to be permitted to visit General Stone cannot at present be complied with.

Very respectfully, your obedient servant,

P. H. WATSON, Assistant Secretary of War.

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GENERAL ORDERS, No. 17.}

ADJUTANT-GENERAL’S OFFICE, HEADQUARTERS OF THE ARMY, Washington, February 20, 1862.

I. Paragraph II, of General Orders, No. 102, from the Headquarters of the Army, dated November 25, 1861, directing the transfer of volunteers held as prisoners by the enemy to skeleton regiments, is hereby revoked.

...

By command of Major-General McClellan:

L. THOMAS, Adjutant-General.

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WASHINGTON, D. C., February 20, 1862.

Major-General HALLECK:

Telegram of to-day* in reference to captured officers received. Upon consultation with the Secretary of War it is determined to carry out the original order to send them to Fort Warren, which please do at once.

GEO. B. McCLELLAN.

* Reference is to telegram of 19th.

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WASHINGTON, D. C., February 20, 1862.

General D. C. RETELL, Louisville, Ky.:

By direction of the Secretary of War you will please send all Kentucky Prisoners in your possession across the Ohio River, neither exchanging them nor liberating them on parole without special orders from these headquarters.

GEO. B. McCLELLAN, Major-General, Commanding.

{p.288}

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HEADQUARTERS ARMY OF THE POTOMAC, February 20, 1862.

Lieut. Col. MARTIN BURKE, Commanding Forts Hamilton and Lafayette.

SIR: It having come to the knowledge of the major-general commanding that Brigadier-General Stone’s confinement without opportunity of exercise is having an unfavorable effect upon his health he desires me to convey to you his directions to afford to Brigadier-General Stone every opportunity for exercise afforded by the locality in which confined which will not compromise the security of his detention, and at the same time will afford no opportunity for communication with the exterior or conversation with unauthorized persons.

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

[A. V. COLBURN,] Assistant Adjutant-General.

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COLUMBUS, OHIO, February 20, 1862.

Major-General HALLECK:

Your dispatch of yesterday just received. We now have accommodation for 300. Can make ready for 1,000 in three days.

DAVID TOD, Governor.

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SAINT LOUIS, February 20, 1862.

Brig. Gen. U. S. GRANT, In the Field:

By order of the Secretary of War no parole will be given to Confederate officers prisoners of war. They will all be sent here under strong guards. All orders to the contrary revoked.

H. W. HALLECK, Major-General.

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SAINT LOUIS, February 20, 1862.

ALLEN C. FULLER, Springfield:

I shall probably be obliged to send a part of the prisoners to Springfield. Be prepared for about 3,000. Have guards ready to receive them at depot.

H. W. HALLECK, Major-General.

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SAINT LOUIS, February 20, 1862.

ALLEN C. FULLER, Springfield:

In the confusion of sending off so many prisoners it is quite probable that proper guards may not be sent with them. Have temporary guards prepared to receive them at the railroad depot at Chicago and Indianapolis. Many will leave before I receive advices and I cannot inform you when they will arrive. Be ready for them.

H. W. HALLECK, Major-General.

(Same to Governor O. P. Morton, Indianapolis.)

{p.289}

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., February 20, 1862.

Hon. EDWIN M. STANTON, Secretary of War.

SIR: I have the honor to inform you that the first officer, engineer and crew of the British steamer Fingal and the crew of another British sailing vessel have just arrived in the Roads under a flag of truce. Both these vessels ran the blockade and both it is said were loaded with arms for the rebels. The Fingal had a large number of arms with ammunition. Many prisoners having just arrived (400) and a number of passengers they cannot be sent to Baltimore and there is no accommodation at the hotel, consequently I have been compelled to send the officers and crews back to Norfolk. I shall keep them at Norfolk until I get a reply from you, believing that they ought not to be permitted to pass.

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

JOHN B. WOOL, Major-General.

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HEADQUARTERS DEPARTMENT OF VIRGINlA, Fort Monroe, Va., February 20, 1862.

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

GENERAL: I am only waiting to know whether the arrangement as suggested* by me will be adopted, and if it should be all the cases presented will no doubt be arranged and as I trust satisfactorily.

It would appear that the prisoners from Richmond did not arrive until this morning.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

* See Wool to Huger, February 13, p. 259.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., February 20, 1862.

Maj. Gen. JOHN E. WOOL, Commanding Department of Virginia.

SIR: I am directed* to inform you that General Howell Cobb has been authorized by the Government of the Confederate States to arrange with you concerning the exchange of all prisoners. General Cobb arrived to-day and is ready to meet you at such time and place as you may appoint and proceed at once with the business.

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

B. HUGER, Major-General, Commanding Department.

* Benjamin to Huger, February 19, p. 802.

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HEADQUARTERS DEPARTMENT OF NORTH CAROLINA, Roanoke Island, February 20, 1862.

Brig. Gen. LORENZO THOMAS, Adjutant-General U. S. Army, Washington, D. C.

GENERAL: ... I beg to inclose the correspondence* with General Huger in reference to exchange of prisoners which will explain {p.290} itself, and I hope my course will meet the approval of the General-in-Chief. I was induced to pursue this course for the reason that the sending of these prisoners to the North would have deprived me of transportation for at least three regiments, and also of a considerable force which would have been necessary to guard them on their way thither; besides if they had been sent North there would have been a delay in the exchange of some days, thus prolonging the confinement of our prisoners in the hands of the rebels, who it will be seen by the terms of exchange are to be released at once.

Although this is not in obedience to the letter of my instructions I am sure the General-in-Chief will feel that I am observing the spirit of them. Inclosed please find an accurate list** of the prisoners, with a recapitulation. The original parole I still hold but will forward it by the next mail. The prisoners were all embarked for Elizabeth City under the direction of Lieutenant-Colonel Osborn, Twenty-fourth Massachusetts Regiment, at 1 o’clock p.m. to-day, and are by this time handed over to Major Allston, who represents General Huger.

...

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

A. E. BURNSIDE, Brigadier-General, Commanding Department of North Carolina.

* Omitted here; Burnside to Huger, February 16, p. 266; Huger to Burnside February 17, p. 274; Burnside to Huger, February 20, p. 290; also see Colburn to Burnside, February 22, p. 301.

** Omitted.

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HEADQUARTERS DEPARTMENT OF NORTH CAROLINA, Roanoke Island, February 20, 1862.

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

GENERAL: Your letter of the 17th was received by me last night by the hands of Lieutenant-Colonel Osborn. I had hoped that a definite arrangement in reference to the commutation of rank would have been agreed upon between ourselves, but I shall now proceed to release the prisoners I hold upon the conditions of my first offer; our prisoners now in your hands to be released in the order of their capture, those longest in confinement first, and will rely upon your acting in good faith in this matter by releasing at once an ample number of our prisoners to absorb not only by direct exchange but by commutation of rank the number released by me, beginning of course with the highest rank, the rule of commutation to be applied to be that adopted by the commission of which you speak. Any surplus prisoners released by either party will be passed to the credit of the other for future exchange. These prisoners would have been released before but I have just finished the roll and duplicate copies, which you can readily see was a matter of considerable labor requiring great care in order to avoid trouble in the future. I send you certified copies of all the rolls of non-commissioned officers, privates and servants, but send one of the original lists of the officers. Copies of these rolls will be sent to Major-General Wool at Old Point Comfort and to Washington.

There are on the officers’ roll three volunteer aides and one first lieutenant in Bartow Avengers. The latter, Lieutenant Jargo, I am informed by your officers is only a private, but he represents himself as an officer and is wearing first lieutenant shoulder-straps. Should it be ascertained that he is an impostor I should not expect him exchanged for an officer.

{p.291}

The three volunteer aides I take it were actual combatants with the assimilated rank of captain and are therefore I take it subjects of exchange.

Your letter of the 17th states that Major Allston is authorized to arrange on your part terms based upon my propositions, but the major informed Lieutenant-Colonel Osborn that he had no such authority. This I am sure was either a mistake or the result of a change of mind which was inadvertently not made entirely manifest in the latter part of your letter, but I will again state that I am free to release these prisoners at once with a firm belief that a full equivalent in both rank and number will be at once released by authority of your War Department from those of our prisoners that have been longest in your hands.

I have endeavored to treat these prisoners since they have been in my hands with all the consideration due to men in their unfortunate situation. Many instances of discomfort have no doubt occurred which were more the result of the necessities of the case than any disposition on our part to render their position uncomfortable. I beg to inclose a copy of general order* which I believe has been observed in reference to the prisoners to its fullest extent.

Lieutenant-Colonel Osborn will accompany the prisoners with a certified roll which he will deliver to Major Allston and take a receipt for the prisoners.

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

A. E. BURNSIDE, Brigadier-General, Commanding Department of North Carolina.

* Not found.

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CAIRO, February 20, 1862.

Major-General HALLECK:

Besides 1,000 prisoners sent to Chicago last night 2,700 here uncomfortably crowded on boats. Will send all by Illinois Central Railroad, about 700 to Chicago and 2,000 to Indianapolis. Have to send many in freight cars. Any guard at Indianapolis?

GEO. W. CULLUM.

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HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, February 20, 1862.

Capt. L. B. PARSONS, Assistant Quartermaster, Saint Louis.

CAPTAIN: The major-general commanding directs that you will not send more than 5,000 prisoners of war to Chicago.

Very respectfully, your obedient servant,

N. H. McLEAN, Assistant Adjutant-General.

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HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, February 20, 1862.

Capt. L. B. PARSONS, Assistant Quartermaster, Saint Louis.

CAPTAIN: In reply to your inquiry as to what will be done with the officers (prisoners of war on the boats) the major-general commanding {p.292} directs that they will be placed on a boat and anchored in the stream where no communication can be had with them until further orders.

Very respectfully, your obedient servant,

N. H. MCLEAN, Assistant Adjutant-General.

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CHICAGO, February 20, 1862.

Quartermaster-General MEIGS:

Thirteen hundred prisoners to arrive to night. Want mess furniture. Upon whose requisition? What can I furnish to them?

J. A. POTTER, Captain, Assistant Quartermaster.

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FORT HAMILTON, February 20, 1862.

ADJUTANT-GENERAL U. S. ARMY.

SIR: If the paroled troops of the U. S. Army are exchanged I have to request that I may be included in the exchange to enable me to use my personal efforts for the Government, if circumstances should render it practicable to do so, and that I may be informed if such exchange is made. Any communications, to me addressed to the care of Asst. Surg. R. D. Lynde, U. S. Army, will reach me.

Very respectfully, your obedient servant,

I. LYNDE.

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OFFICE CHIEF COMMISSARY OF SUBSISTENCE, Saint Louis February 20, 1862.

Capt. JOHN KING, Commissary of Subsistence, Saint Louis, Mo.

CAPTAIN: You will without delay visit the boats now at Saint Louis with prisoners of war and make arrangements for supplying them amply with cooked rations. They are reported as suffering much from want of these, and the general commanding directs that they be at once supplied. Call upon Captain Parsons to facilitate you in your efforts.

Very respectfully, your obedient servant,

T. J. HAINES, Captain and Chief Commissary.

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HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, February 20, 1862.

COMMANDING OFFICER, Alton, Ill.

SIR: Special order of yesterday intends that Provost-Marshal Fletcher will on examination release prisoners of war.

Very respectfully, your obedient servant,

N. H. MCLEAN, Assistant Adjutant-General.

–––

WASHINGTON, February 20, 1862.

Hon. B. M. STANTON, Secretary of War, &c.

SIR: I avail myself of your permission to lay before you more formally than I have done some remarks on General C. P. Stone’s case, {p.293} which notwithstanding what you have said to me will I am sure receive your impartial consideration.

First. You said to me that there was nothing “extraordinary” in General Stone’s case which entitled it more than any other matter of business to precedence in your attention or in drawing it to an immediate conclusion. I respectfully submit that almost every feature of it is extraordinary. That a man who has rendered such eminent and universally acknowledged service in saving this very capital, and who followed that service up as he did with other services scarcely less eminent, that this man whose praise is in everybody’s mouth (saving a few mere partisans and newspaper spies) should be so suddenly seized and incarcerated is in itself extraordinary. It is the more extraordinary when you remember that he had never received one word of censure nor one look of disapprobation from any military superior; that he had again and again asked a court of inquiry into the Ball’s Bluff business and had been put off with answers to the effect that none was needed or that the public service would be injured by it or the like. General Stone had again and again within the week or ten days preceding his arrest sought an interview with yourself but was disappointed in meeting you, sometimes at appointed times, doubtless through reason of your other urgent business. And in the brief interviews he had with you he received no intimation that you had not your old confidence in him. Nor indeed do I understand from you that to this day that confidence is in your mind shaken, but that something or somebody (what and who I am not allowed to know) has left you no choice as to taking decisive action in the matter.

It is military usage I am told that an officer of so high a rank as Brigadier-General Stone should not be arrested without a preliminary examination of the pendency of which he generally has notice; but if I have rightly understood you in our interviews of yesterday and of this day now, when more than eight, yes twelve full days have elapsed since the arrest, somebody is still engaged in the “examination” or “investigation” of the case, and neither General Stone nor his family nor his counsel can be allowed to know either who his accusers or what the accusations against him are. I do not complain of the mere fact of any examination or investigation made by your direction, and if the case were declared “extraordinary” there would be more reason to acquiesce in this state of things; but being confessed by the Government extraordinary it would follow that it should have extraordinary attention.

Second. If treason or treasonable dealings are the burdens of the suspicions against General Stone now and here are the men and the place and the time for proving or refuting them. In the fortune of war it is not likely that so many of them can ever be found together again. If by the fortune of war some Government witness should die and in a subsequent trial the prosecution fail for any reason do you not know that his enemies will attribute his acquittal not to his innocence but to that casualty? When General Stone is proved innocent there will be but one worthy reparation which the Government can make. That will be by giving him the opportunity once more to prove his innocence in his command on the battle-field and in the hot work of war. This delay seems likely to prevent that, sinking as the rebellion is every hour.

Third. General Stone’s incarceration at Fort Lafayette is I submit “extraordinary.” If you were convinced of this I am sure you would ameliorate it, for you told me on Monday that it was as you supposed “a matter of course” that he should go thither. Everywhere the general public look upon the selection of that distant fort as in itself {p.294} intended as a mark of ignominy and a Senator in Congress I am told boasts of it.

I think if you could have the frank opinion of military men they would with one voice, I do not say condemn the act (for that is illegal), but declare it to be “extraordinary” and not in conformity to the standing interpretation of the article of war which prescribes the places within which “any officer arrested for a crime” shall be confined. It is not denied that in cases avowed to be “extraordinary” a prisoner for security may be elsewhere confined. Necessity justifies anything essential to the security of the Government; but such a course should I submit be only taken by reason of that overruling necessity on the part of the Government which annuls all other law. As you have not acted in fixing the place of his confinement in any such supposed necessity, not having intended to treat General Stone in any respect out of course, I appeal to you with confidence for a change in this respect.

HENRY M. PARKER.

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HOUSE OF REPRESENTATIVES, Washington, D. C., February 20, 1862.

Hon. E. M. STANTON.

MY DEAR SIR: Inclosed I send you a letter just received from a prisoner of war in North Carolina. His letter explains the object of this letter. I know him very well and can assure you his representations are worthy of your confidence. I should be gratified if you can consistently serve him.

Very truly, yours,

JOHN P. VERREE.

[Inclosure.]

SALISBURY, N. C., January 29, 1862.

Hon. JOHN P. VERREE, Member of Congress.

DEAR SIR: I take the liberty of addressing a few lines to you in regard to the officers and crew of the U. S. transport steamer Union, wrecked November 3, 1861, on the North Carolina coast and now held prisoners of war at Salisbury, N. C. I understand the privateersmen have been removed from Philadelphia to Fort Lafayette, thus removing them out of the civil and placing them under the military authority. If so I would ask that you use your influence with the Secretary of War to exchange the privateers, officers and men, for the officers and men of the transport Union, who are all Philadelphians. My residence is No. 1076 North Delaware Avenue.

I remain, yours, &c.,

JOSEPH L. PARRY, Chief Engineer U. S. Transport Steamer Union.

P. S.-Please answer this direct to Joseph L. Parry, prisoner of war, Salisbury, N. C.

J. L. P.

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HEADQUARTERS SECOND DIVISION, February 20, 1862.

General MANSFIELD, Commanding Newport News.

GENERAL: Under the authority of the general commanding I demand an explanation of the movements of the steamers that passed up the {p.295} river during the afternoon of yesterday, and why they did not return immediately after accomplishing the object of their trip, if as was supposed at department headquarters that object was an exchange of prisoners under a flag of truce. It is presumed that these steamers availed themselves of the opportunity of sounding the river.

This presumption is a legitimate deduction from their movements and if well founded I earnestly protest against the act as a direct violation and abuse of the flag of truce.

I send herewith Maj. James M. Goggin of my staff, Lieutenant Carter, one non-commissioned officer and six privates of dragoons.

L. MCLAWS, Brigadier-General, Commanding.

[Indorsement.]

AT CAMP BUTLER, February 20.

Respectfully referred to the major-general commanding.

MANSFIELD, Brigadier-General, Commanding.

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GENERAL ORDERS, No. 60.}

HEADQUARTERS ARMY OF THE POTOMAC, Washington, February 21, 1862.

I. Brig. Gen. Andrew Porter is announced as provost-marshal-general of the Army of the Potomac and will be obeyed and respected accordingly.

II. A provost-marshal for each division will be appointed by its commander. The division provost-marshal will obey the orders of the division commander in all matters affecting interior police, but will be responsible to the provost-marshal-general and be guided by such instructions as he may from time to time give. A sufficient guard will be detailed by the division commander for duty under the orders of the provost-marshal.*

...

IX. All prisoners captured from the enemy will be turned over to the provost-marshal of division, who will send them at the earliest practicable moment with complete descriptive list and information as to where, when and how they were captured to the provost-marshal-general.

...

By command of Major-General McClellan:

S. WILLIAMS, Assistant Adjutant-General.

* For paragraph 8 of this order see Vol. II, this Series, p. 239.

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HDQRS. OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, February 21, 1862.

COMMANDING OFFICER ARMY OF THE POTOMAC, Washington, D. C.

SIR: The Secretary of War directs that as soon as Thomas J. Parks, of South Carolina, a prisoner taken in arms against the United States at the battle of Dranesville and now in the division hospital at Camp Peirpoint, Va., is sufficiently recovered to travel he be permitted to {p.296} proceed via Fort Monroe, on his parole, to Norfolk. The proposition that he shall [be] exchanged for Private Almerion Chapman, of Company D, First Pennsylvania Cavalry, is approved.

I am, sir, &c,

L. THOMAS, Adjutant-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., February 21, 1862.

Maj. Gen. B. HUGER, Commanding at Norfolk.

GENERAL: I have received your communication of the 20th instant informing me that General Howell Cobb has been authorized “to arrange with me concerning the exchange of all prisoners.” I will meet General Cobb to confer with him on the subject of exchanges on Sunday morning at 12 o’clock if agreeable, at the place where we exchange flags of truce near Craney Island.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, February 21, 1862.

Brig. Gen. L. MCLAWS, Commanding at Young’s Mills, Watts’ Creek.

SIR: Your letter of yesterday to Brigadier-General Mansfield containing imputations as insulting as false has been referred to me for answer, I having been in charge of the two steamboats which passed up the James River under flag of truce on the 19th instant and returned on the 20th.

The insolence of its tone is a sufficient reason for not replying to it, but that you may have no excuse for interfering in future with any arrangements that may be made for the exchange of prisoners of war I will state that the steamers passed up the river by appointment of your superior for the purpose of receiving exchanged prisoners of war; that they did return immediately upon accomplishing the object of their trip, which was delayed from between 2 and 3 o’clock p.m. of the 19th until sunrise on the morning of the 20th. I will explain the cause of this delay since you seem too obtuse to have perceived it. It was the dense fog which covered the river during the afternoon and evening. The only movements made by the steamers from the time of their arrival and anchoring of one and making fast of the other were caused by the current, tide and wind until the freshness of the wind which came on to blow in the evening rendered it necessary to separate the boats when the one that was not anchored moved off a short distance from the other and came to anchor herself.

Not a lead was heaved or sounding taken; the possession of good charts and pilots on-our side precluded the necessity of doing that had any one thought of it.

For further explanation concerning the object of this trip and the time appointed I will refer you to Major-General Huger, commanding at Norfolk, and for the time of the meeting of the flags and the hour of departure to Colonel Tyler, who was in charge of your flag.

W. D. WHIPPLE, Assistant Adjutant-General.

{p.297}

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CHICAGO, February 21, 1862.

Major-General HALLECK:

The troops from here are ordered into the field and there is not sufficient guard for prisoners of war arriving to prevent escape, owing to extent of camp to guard. Prisoners are being made comfortable in barracks, but they arrive in much confusion-parts of regiments and companies together-and many thinly clothed and some sick and no surgeons with them. The guard accompanying the prisoners are ordered to return immediately. They are from the Fifty-second Illinois and Twentieth Ohio. A temporary force can be raised here sufficient for guard it you direct, and the guard who accompanied them remain until it is organized.

JOSEPH H. TUCKER, Colonel, Commanding.

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SPRINGFIELD, February 21, 1862.

Major-General HALLECK:

I noticed last night the guard for prisoners who passed through here to Chicago was insufficient and telegraphed to Chicago for a strong guard to be furnished and have no doubt it was done. Have nothing but an arsenal guard here, but 400 of Colonel Voss’ cavalry will be here to-morrow. If prisoners are sent here to-day let me have time to raise a citizen guard.

A. C. FULLER, Adjutant-General.

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SPRINGFIELD, February 21, 1862.

Major-General HALLECK:

Will you advise me what character of discipline shall be enforced upon prisoners in our camps so I may instruct commandants at camps? The military and civil authorities at Chicago are doing everything to make the prisoners comfortable, but the mayor telegraphs me this evening that there is much indignation that the rebel officers have been feasted at the principal hotels. Shall I order a strong inclosure around the barracks?

A. C. FULLER, Adjutant-General.

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CHICAGO, February 21, 1862.

QUARTERMASTER-GENERAL, Washington:

I am ordered by the State authorities to supply clothing, camp and garrison equipage to all prisoners arriving, and notified that 7,000 will be here to provide for. Shall I do it?

J. A. POTTER, Captain and Assistant Quartermaster.

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BALTIMORE, MD., February 21, 1862.

Capt. G. V. Fox, Assistant Secretary of the Navy:

Notice having been received by General Wool that some 400 exchanged prisoners would be sent down James River yesterday the {p.298} George Washington and Express left at about noon for the appointed meeting place. The rebel boat was appointed to meet them at 3 o’clock, but at that hour she was not in sight, and shortly after a heavy fog shut down making it impossible to move In any direction. The two boats were fastened together and having dropped anchor waited for the rebel boat to appear. The fog did not lift till late in the evening, when the wind blew so fresh that the boats dragged their anchors and had to be separated. This morning at sunrise the expected prisoners made their appearance on the William Allison, which it seemed had also anchored for the night a few miles above us. She immediately came alongside, and the roll of prisoners being called they were transferred to our boats. The return passage was made without any incidents and we arrived here about 10 o’clock this forenoon. The prisoners will be immediately sent North.

...

[CHAS. C.] FULTON.

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WAR DEPARTMENT, Washington, February 22, 1862.

Maj. Gen. JOHN E. WOOL, Commanding at Fortress Monroe.

GENERAL: Your dispatch of the 20th instant in relation to the exchange of prisoners together with copies of your correspondence with General Huger have been received and your proceedings therein are approved.

Yours, truly,

EDWIN M. STANTON, Secretary of War.

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HEADQUARTERS OF THE ARMY, Washington, February 22, 1862.

Maj. Gen. H. W. HALLECK, Saint Louis, Mo.:

Where is General Buckner? Has he started for Fort Warren?

GEO. B. MCCLELLAN, Major. General, Commanding.

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SAINT LOUIS, February 22, 1862.

Maj. Gen. GEO. B. MCCLELLAN, Washington:

I cannot ascertain as yet. The confusion of distributing so many prisoners and the failure to receive my telegrams leaves me uncertain where he now is. I think he will arrive here tonight. If so he will be sent as you have directed. If sent to another point he will be immediately forwarded.

H. W. HALLECK, Major. General.

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HEADQUARTERS, Fort Wayne, Mich., February 22, 1862.

Hon. E. M. STANTON, Secretary of War.

SIR: I have herewith the honor to inclose a certified list* of the prisoners of war of the cavalry under my command who were ignominiously surrendered by Maj. Isaac Lynde, U. S. Army, at San {p.299} Augustine Springs, N. Mex., July 27, 1861. I beg to state that we have remained on parole of honor ever since-

not to serve directly or indirectly against the Southern Confederacy until properly exchanged by said Government of the Confederate States for prisoners of [equal] rank held by the Federal Government that may be agreed upon between the Secretary of War of the Confederate States and of the Federal Government.

Having heard that terms of exchange of prisoners had been agreed upon with the Southern Confederacy by Commissioners Fish and Ames and learning that there are some 15,000 rebel prisoners in our possession, I respectfully request in the name of the officers and men of my command that you will direct our exchange that we may be released from the ignominious position in which we have been placed by the cowardice of our commanding officer.

I am, very respectfully, your obedient servant,

ALFRED GIBBS, Captain, Third Cavalry, Commanding Fort Wayne.

* Omitted.

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SAINT LOUIS, February 22, 1862.

ALLEN C. FULLER, Springfield:

All prisoners of war must be [well] treated and made comfortable. They must not be permitted to go to the city but be confined within the limits of the camp. It was contrary to my orders to send officers either to Springfield or Chicago. Let me know how many are at each place and I will provide for sending them to Columbus, Ohio, and other places.

H. W. HALLECK, Major-General.

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SAINT LOUIS, February 22, 1862.

Adjt. Gen. C. P. BUCKINGHAM, Columbus, Ohio:

All troops required to guard prisoners of war will be retained till further orders. Prisoners will be well treated but will not be allowed at present to visit the city.

H. W. HALLECK, Major. General.

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HEADQUARTERS DISTRICT OF WEST TENNESSEE, Fort Donelson, February 22, 1862.

General G. W. CULLUM, Chief of Staff, Department of the Missouri, Cairo, Ill.

GENERAL: Inclosed I send you a petition of surgeons now held as prisoners at this place. There are still here some 200 sick and wounded Prisoners and probably 120 wounded at Clarksville. These latter were not taken prisoners at the fort but fell into our hands by taking possession of Clarksville. I would suggest the propriety of liberating such of the prisoners as are not likely to be fit for duty soon and a sufficient number of surgeons to take care of them. I would respectfully request that Major Kuykendall, of the Thirty-first Illinois Volunteers, now at Cairo, be ordered to join his regiment, now without a field officer. There is now but little doubt but that the enemy have fallen back from Nashville to a point about forty miles south on the Chattanooga Railroad. What is the news from General Buell?

Very respectfully, your obedient servant,

U. S. GRANT, Brigadier-General.

{p.300}

[Inclosure.]

DOVER, TENN., February 19, 1862.

General GRANT, Commanding U. S. Army, Dover, Tenn.:

The memorial of the undersigned surgeons and assistant surgeons of the respective regiments that have surrendered at this point respectfully suggests that a number of the prisoners who were seriously wounded in the late actions at this place-arms and legs shot off, disabling shots through chest, shoulder and abdomen-will be totally unable for any military duty during life or a long period of years. If permitted to return to their respective homes [they] could be well cared for by their friends and relieve the United States Government of the trouble and expense with them.

That for ourselves we would ask to be released, pledging our honor as gentlemen that in the event of surgeons and assistant surgeons of the U. S. Army being taken prisoners by the Confederate forces and held as such to cause ourselves to be exchanged for them, or report ourselves as prisoners of war at the nearest garrison of the U. S. Army.

Respectfully, &c.,

JNO. PATTERSON, Surgeon Eighteenth Regt. Tennessee Vols., C. S. Army. [And seventeen others.]

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HEADQUARTERS DISTRICT OF WEST TENNESSEE, Fort Donelson, February 22, 1862.

Capt. J. C. KELTON Asst. Adjt. Gen., Dept. of the Missouri, Saint Louis, Mo.

CAPTAIN: Inclosed I send you report* of Capt. B. P. Barrett, of Fiftieth Illinois Volunteers, sent up the Cumberland to return property improperly taken by Capt. Moses Klein, of the Thirteenth Missouri Volunteers. Captain Klein has been ordered to report himself at headquarters in arrest. On the 19th I ordered a detail of one company of cavalry and three companies of infantry to proceed up the river to apprehend several hundred negroes said to be on their way to Nashville to work in the fortifications there and who had been employed in like manner at this place; also to get a large quantity of bacon which was said to be on the river above here and belonging to the Confederate Army. Captain Klein was the senior officer of the expedition and had written instructions, which he can show, what to do. I gave him very full verbal instructions what he was not allowed to do. He was not to molest private property nor allow his men to insult citizens. Pillaging and burning was expressly to be avoided. When the captain returned his report showed the capture of two citizens taken from their homes, twenty-five or thirty negroes, mostly old men, women and children, taken from their cabins, and such stores as had been provided for their maintenance. A considerable amount of property also was burned. I immediately ordered the return of such of the property as had not been disposed of by Captain Klein and he to report himself in arrest at headquarters.

Very respectfully, your obedient servant,

U. S. GRANT, Brigadier-General.

* Omitted.

{p.301}

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QUARTERMASTER-GENERAL’S OFFICE, Washington, February 22, 1862.

Capt. J. A. POTTER, Assistant Quartermaster, Chicago, Ill.:

The prisoners are the prisoners of the United States. The supplies to be issued are the property of the United States. You are an officer of the United States. The State of Illinois has no more right to give you orders than the State of Massachusetts. State authorities are entitled to respectful attention and consideration but they have no right to give orders to an officer of the United States.

M. C. MEIGS, Quartermaster-General.

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INDIANAPOLIS, February 22, 1862.

QUARTERMASTER-GENERAL:

Buckner and staff en route for this place via Jeffersonville. Preparations for prisoners of war complete at small expense. Expected today.

JAS. A. EKIN, Assistant Quartermaster.

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INDIANAPOLIS, February 22, 1862.

Major-General HALLECK:

Five trains prisoners arrived safely and now comfortably quartered. Sixth train ordered into quarters at Terre Haute and everything ready.

LAZ. NOBLE, Adjutant-General.

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HEADQUARTERS OF THE ARMY, Washington, February 22, 1862.

Brig. Gen. A. E. BURNSIDE, Commanding Department of North Carolina.

GENERAL: General McClellan directs me to say that the copy of your letter to Major-General Huger has been laid before the Secretary of War and in consideration of the limited means of transportation in your possession your action is fully approved.

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

A. V. COLBURN, Assistant Adjutant-General.

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HEADQUARTERS DEPARTMENT OF VIRGINlA, Fort Monroe, Va., February 23, 1862.

Hon. EDWIN M. STANTON, Secretary of War.

SIR: I have the honor to inform you that I have this day had an interview with Brig. Gen. Howell Cobb, of the rebel army, on the subject of the exchange of prisoners, &c. We agreed very well upon most points except one, as follows: He proposed “that prisoners be discharged or paroled within ten days after their capture, and to be delivered on {p.302} the frontier of their own country free of expense to the prisoners and at the expense of the capturing party.” To this proposition I did not agree. I consented to adopt it in regard to all prisoners hereafter taken leaving out “frontier.” The great objection to the proposition on my part was that we had at this time in Ohio and Illinois some 13,000 prisoners taken at Fort Donelson. The question was one which I considered at least doubtful. At all events it does not appear to be embraced in my instructions. On this question I shall wait your instructions which I hope to receive by the return of Colonel Cram, whom I shall expect on Tuesday morning next. The question is considered an important one by General Cobb.

I have the honor to be, your obedient servant,

JOHN B. WOOL, Major. General.

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Copy of memorandum submitted by General Cobb, C. S. Army, to General Wool, U. S. Army, at their first conference,* February 23, 1862, as the basis for a general exchange of prisoners.

1. Prisoners to be exchanged man for man and officer for officer, officers of the army and navy to be assimilated on a fair basis, and privateers to be placed upon the footing of officers and men of the navy.

2. The surplus of prisoners held by either party to be returned to the country of the prisoners on their parole of honor not to take up arms again until exchanged under the provisions of this cartel.

3. Each party upon the discharge of prisoners of the other party is authorized to discharge an equal number of their own officers or men from parole, furnishing at the time to the other party a list of their prisoners discharged and of their own officers and men relieved from parole, thus enabling each party to relieve from parole such of their own officers and men as the party may choose. The lists thus mutually furnished will keep both parties advised of the true condition of the exchange of prisoners.

4. Men and officers of a lower grade as well as of a different service may be exchanged for officers of a higher grade and of a different service. To do this without embarrassment it is agreed that the basis of assimilation shall be the compensation allowed by each party to their own officers and men, and in case of privateers who receive no fixed pay to be put upon the compensation basis of officers and men of the Navy.

5. Prisoners to be discharged or paroled within ten days of their capture and to be delivered on the frontier of their own country free of expense to the prisoners and at the expense of the capturing party.

6. All prisoners now held by each party to be immediately discharged, and the party against whom the surplus shall be found shall receive such surplus upon their parole. Each party to furnish the other a list of those respectively discharged by it, and the party against whom the surplus is found to furnish a list of the prisoners placed on parole under this cartel, thus furnishing the basis for future exchanges.

{p.303}

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Copy of a paper submitted by General Wool** to General Cobb February 23, 1862, as the basis for a general exchange of prisoners.

Cartel for the exchange of prisoners of war between Great Britain and the United States of America.

The provisional agreement for the exchange of naval prisoners of war made and concluded at Halifax, in the Province of Nova Scotia, on the 28th day of November, 1812, between the Hon. Richard John Uniacke, His Britannic Majesty’s attorney and advocate-general for the Province of Nova Scotia, and William Miller, esq., lieutenant in the Royal Navy and agent for prisoners of war at Halifax, and John Mitchell, esq., late consul of the United States at Saint Jago de Cuba, American agent for prisoners of war at Halifax, having been transmitted to the Department of State of the United States for approval, and John Mason, esq., commissary-general for prisoners for the United States, having been duly authorized to meet Thomas Barclay, esq., His Britannic Majesty’s agent for prisoners of war and for carrying on an exchange of prisoners, for the purpose of considering and revising the said provisional agreement, and the articles of the said agreement having been by them considered and discussed it has been agreed by the said Thomas Barclay and John Mason subject to the ratification of both their Governments that the said provisional agreement shall be so altered and revised as to stand expressed in the following words:

ARTICLE I. The prisoners taken at sea or on land on both sides shall be treated with humanity conformable to the usage and practice of the most civilized nations during the war, and such prisoners shall without delay and as speedily as circumstances will admit be exchanged on the following terms and conditions; that is [to] say: An admiral or a general commanding in chief shall be exchanged for officers of equal rank or for sixty men each; a vice-admiral or a lieutenant-general for officers of equal rank or for forty men each; a rear-admiral or a major-general for officers of equal rank or for thirty men each; a commodore with a broad pennant and a captain under him or a brigadier-General for officers of equal rank or for twenty men each; a captain of a line-of-battle ship or a colonel for officers of equal rank or for fifteen men each; a captain of a frigate or lieutenant-colonel for officers of equal rank or for ten men each; commanders of sloops of war, bomb-ketches, fire ships and packets or a major for officers of equal rank or for eight men each; lieutenants or masters in the navy or captains in the army for officers of equal rank or for six men each; master’s mates or lieutenants in the army for officers of equal rank or for four men each; midshipmen, warrant officers, masters of merchant vessels and captains of private armed vessels or sub-lieutenants and ensigns for officers of equal rank or for three men each; lieutenants and mates of private armed vessels, mates of merchant vessels and all petty officers of ships of war or all non-commissioned officers of the army for officers of equal rank or for two men each; seamen and private soldiers one for the other.

2. All non-combatants-that is to say surgeons and surgeons’ mates, pursers, secretaries, chaplains and schoolmasters-belonging to the army or men-of-war; surgeons and surgeons’ mates of merchant vessels or privateers; passengers and all other men who are not engaged in the naval {p.304} or military service of the enemy not being seafaring persons; all women and girls and all boys under twelve years of age-every person of the foregoing description or of whatever description exempt from capture by the usage and practice of the most civilized nations when at war, if taken shall be immediately released without exchange, and shall take their departure at their own charge agreeably to passports to be granted them, or otherwise shall be pat on board the next cartel which sails. Persons found on board recaptured ships, whatever situation they may have held in the capturing ship, shall not be considered as non-combatants. Non-combatants are not to be imprisoned except for improper conduct, and if poor or unprovided with means to support themselves the Government of each nation will allow them a reasonable subsistence, having respect to their rank and situation in life.

3. American prisoners taken and brought within any of the dominions of His Britannic Majesty shall be stationed for exchange at Halifax, in Nova Scotia; Quebec [in Lower Canada]; Bridgetown, in Barbadoes; Kingston, in Jamaica; Falmouth and Liverpool, in England, and at no other points or places. And British prisoners taken and brought into the United States shall be stationed at Salem, in Massachusetts; Schenectady, in the State of New York; Providence, in Rhode Island; Wilmington, in Delaware; Annapolis, in Maryland; Savannah, in Georgia; New Orleans, in Louisiana, and at no other points or places in the United States. The Government of Great Britain will receive and protect an agent to be appointed by the Government of the United States to reside at or near each of the before-mentioned places in the British dominions, for the purpose of inspecting the management and care which is taken of the American prisoners of war at each station. And the Government of the United States will in like manner receive and protect an agent to be appointed by the British Government to reside at or near each of the stations before mentioned within the dominions of the United States for the like purpose of inspecting the management and care taken of the British prisoners of war at each of the stations. And each Government shall be at liberty to appoint an agent to reside at or near any depot established for prisoners by the other nation for the purpose of taking care and inspecting the state and situations of such prisoners, and such agents shall be protected respectively in the same manner as the agents at the stations for exchange.

4. Whenever a prisoner is admitted to parole the form of such parole shall be as follows:

Whereas, the agent appointed for the care and custody of prisoners of war at ___ in ___ has been pleased to grant leave to the undersigned, ___ ___, prisoner of war as described on the back hereof to reside in upon condition that ___ give parole of honor not to withdraw from the bounds prescribed, ___ there, without leave for that purpose from the said agent, that ___ will behave decently and with due respect to the laws of this country and also that ___ will not during continuance in ___ either directly or indirectly carry on a correspondence with any of the enemies of ___ or receive or write any letter or letters whatever but through the hands of said agent, in order that [they] may be read and approved by him ___ ___, do hereby declare___have given parole of honor accordingly and that ___ will keep it inviolably. Dated at ___.

 
Signature.Quality.Ships or corps.Man-of-war, privateer or merchantman in which taken.
    
{p.305}

And the agent who shall take such parole shall grant a certificate to each prisoner so paroled certifying the limits to which his parole extends, the hours and other rules to be observed and granting permission to such person to remain unmolested within such limits, and every commissioned officer in the navy or army when so paroled, if in health, shall be paid by the agent that has granted such parole to him during the continuance thereof the sum of three shillings sterling-per day each for subsistence; and all other prisoners so paroled shall be paid, each person, at the rate of one shilling and six pence per day sterling; at the rate of four shillings and six pence sterling per American milled dollars, which pay in case of actual sickness shall be doubled to each so long as the surgeon shall certify the continuance of such sickness; and each sick prisoner shall also be allowed the attendance of a nurse in case the surgeon shall certify the person to be so ill as to require such help; all which subsistence and pay is to be paid in advance twice in every week. And prisoners who shall willfully disobey the rules and regulations established for prisoners on parole may be sent to prison, and all rules and regulations to be observed by prisoners on paroles are to be published and made known to each prisoner. And when any prisoner shall be allowed to depart at his own expense, if he has not a sufficiency of money for that purpose he shall be allowed necessary money not to exceed the parole subsistence to which he would have been entitled for one month if he had remained.

5. And in case any prisoner be permitted to return to his own country on parole on condition of not serving until duly exchanged, such prisoner shall sign an engagement in the following form:

Whereas, ___ ___ agent for the care and custody of prisoners of war at ___, has granted me the undersigned prisoner described on the back hereof permission to return to ___ upon condition that I give my parole of honor that I will not enter into any naval, military or other service whatever against the ___ or any of the dominions thereunto belonging, or against any powers at peace with ___ until I shall have been regularly exchanged, and that I will surrender myself if required by the agent of the government at such place and at such time as may be appointed in case my exchange shall not be effected. And I will until exchanged give notice from time to time of my place of residence.

Now in consideration of my enlargement I do hereby declare that I have given my parole of honor accordingly and that I will keep it inviolably.

Given under my hand at ___ this ___ day of ___, in the year of our Lord ___.

And to the prisoner so granted his enlargement on parole shall be given a certificate and passport specifying the terms and conditions of his enlargement and a description of his person, and notice of such parole agreement shall be sent to the agent for prisoners of war at the nearest station to the place where such parole shall be granted.

6. In case any prisoner of war shall become unmindful of the honorable obligation he lies under to the nation which shall have granted him his parole and shall violate the same he shall be liable to be dealt with according to the usages and customs observed in such cases by the most civilized nations when at war, and either nation shall have a right to demand from the other surrender and restoration of any prisoner of war who shall violate his parole, and every just and reasonable satisfaction shall be given to the nation demanding the same, to show that if such prisoner be not returned it is by reason of its not being in the power of the nation to which he originally belonged.

7. No prisoner shall be struck with the hand, whip or stick or any other weapon whatever. The complaints of the prisoners shall be attended to and real grievances redressed, and if they behave disorderly they may be closely confined and kept on two-thirds allowance

20. R R-SERIES II, VOL III. {p.306} for a reasonable time, not exceeding ten days. They are to be furnished by the Government in whose possession they may be with a subsistence of sound and wholesome provisions, consisting of one pound of beef or twelve ounces of pork, one pound of wheaten bread and a quarter of a pint of pease, or six ounces of rice or a pound of potatoes per day to each man, and of salt and vinegar in the proportion of two quarts of salt and four quarts of vinegar to every hundred days’ subsistence; or the rations shall consist of such other meats and vegetables (not changing the proportion of meat to the vegetables, and the quantity of bread, salt and vinegar always remaining the same) as may from time to time be agreed on at the several stations by the respective agents of the two governments, as of equal nutriment with the rations first described. Both Governments shall be at liberty by means of their respective agents to supply their prisoners with clothing and such other small allowances as may be deemed reasonable and to inspect at all times the quality and quantity of subsistence provided for the prisoners of their nations respectively as stipulated in this article.

8. Every facility shall be given as far as circumstances will permit to the exchange of prisoners, and they shall be selected for exchange according to the scale hereby established on both sides by the respective agents of the country to which they may belong without any interference whatever of the Government in whose possession they may be; and if any prisoner is kept back when his exchange shall be applied for good and sufficient cause shall be assigned for such detention.

9. To carry on a regular exchange of prisoners between the two countries four vessels shall be employed, two of which shall be provided by the British Government and two by the Government of the United States, and the two vessels of each Government shall be as near as possible of the burthen of 500 tons together and neither of them less than 200 tons, and shall be manned, victualed and provided with every necessary and convenience for the safe transportation of prisoners. The expense of the two British vessels is to be defrayed by the British Government and of the two American vessels by the Government of the United States. When these vessels are provided, surveyed and approved of by the proper officers of both Governments they shall be furnished with passports from each Government as flags of truce, and shall carry arms and ammunition sufficient with a guard not exceeding a non-commissioned officer and six men to guard the prisoners and keep them in subjection, and shall each carry one signal gun with a few charges of powder, and shall carry a white flag constantly at the foretop masthead. The British cartel ship shall carry a British ensign at the gaff end or ensign staff and the American ensign at the maintop masthead, and the American cartel ship shall carry the American ensign at the gaff end or ensign staff and the British ensign at the maintop masthead. No cartel shall be suffered to proceed to sea with less than thirty days’ full allowance of water and provisions for the ship’s company and the number of prisoners embarked on board; and when such cartels shall be established they shall be kept at all times constantly well provided with sails, rigging and everything proper and necessary to make them staunch, safe and seaworthy, and shall be constantly employed in carrying prisoners to and from the different stations hereinbefore named and appointed for the exchange of prisoners; and when carrying American prisoners from a British port to an American port the American agent at the port of embarkation shall direct the station at which such prisoners shall be delivered, and when carrying {p.307} British prisoners from an American port the British agent shall direct at which of the British stations such prisoners shall be delivered; and the agents for prisoners of war on both sides shall by agreement settle and fix the several species of provisions which shall constitute the daily ration to be served out to prisoners while on board cartels, with the value thereof, and a regular account shall be kept of the number of days each prisoner shall have been victualed on board each cartel; and the British Government shall pay at that rate the expense and cost of victualing the British prisoners delivered at a British station, and so the American Government shall in like manner pay at the same rate the daily charge for victualing the American prisoners delivered at an American station; but no charge is to be introduced for the transportation or carriage of prisoners, as each nation is to furnish for that service an equal number of tons of shipping. No cartel shall be permitted to remain in port more than ten days after her arrival, unless delayed by winds or weather or the order of the commanding officer of the station at which she may be, whether British or American; and in future cartels shall on no account, unless driven by stress of weather or some other unavoidable necessity, put into any British or American port save the ports hereinbefore appointed for the exchange of prisoners, unless specially agreed upon by the principal agents of the two Governments. And in case the number of vessels now agreed on to be provided as cartels shall be found insufficient the number may be increased and so in like manner diminished by agreement as the occasion may require, each nation always furnishing an equal share of the tonnage necessary.

10. Until regular cartels shall be provided as stipulated in the foregoing article the transportation of prisoners is to be conducted and paid for by each nation according to the method hitherto observed in the present war. And after regular cartels are established in case a number of prisoners, not less than 100, may be collected at any British or American port different from the ports before named a temporary cartel may be fitted out by order of the commanding officer at such port or ports for the purpose of carrying such prisoners, if British to one of the British stations before named, and if American to one of the American stations before named, and to no other port or place: Provided always, That such cartel shall bring at least 100 prisoners and shall receive an equal number in exchange, with liberty to return with them to any port of the nation to which she belongs. And the prisoners so delivered in exchange on board such temporary cartels shall be certified to one of the regular stations of exchange, where they shall be credited to the nation so delivering them in exchange whether they arrive at the port of destination or not. But should there not be an equal number at such station to exchange for the number brought the transportation in such temporary cartel must be paid for so many prisoners as shall not be exchanged.

11. Commanders of all public ships of war of either of the two nations shall be permitted to send flags of truce into any of the established stations for exchange of prisoners of the other nation with prisoners to be delivered to the agent for prisoners of war of the nation to which such port belongs; and the agent receiving them shall give a receipt for them, specifying their name, quality, when and in what ship taken, and the prisoners so delivered shall be placed to the credit of the nation sending them.

12. Commanders of ships of war, captains of privateers and letters of marque of either of the two nations shall be permitted to send {p.308} prisoners belonging to the other nation in neutral vessels to any of the stations for exchange aforementioned of the nation to which the prisoners belong. And they shall be delivered to the agent and receipted for in the same manner as is directed and expressed in the eleventh article, and the prisoners when delivered shall be placed to the credit of the nation sending them in neutral vessels. The expenses incurred under this and the eleventh article are to be paid by the nation sending the prisoners, and the prisoners so embarked in neutral vessels shall be permitted to proceed to the port of destination without molestation or other interruption by the subjects or citizens of either of the nations.

13. Lists shall be exchanged by the agents on both sides of the prisoners hitherto delivered, and after such lists are adjusted and signed agreeably to the rule of exchange hereby established the persons named therein shall be considered as liberated and free to serve again, as well as those heretofore exchanged, notwithstanding any parole or engagement they may have previously entered into. And in future prisoners embarked in a cartel belonging to the nation sending such prisoners shall not be credited to the nation so sending them until they are delivered at one of the stations of the nation to which such prisoners belong and a receipt is obtained from the proper agent of such delivery; but where the prisoners and cartel both belong to the same nation the delivery shall take place and receipts be given at the point of embarkation, provided that the delivery shall not be considered complete until the cartel is in the act of departing the port, and the nation delivering the prisoners shall retain the custody of them by maintaining a sufficient guard on board the cartel until she is actually under way, when the receipt shall be duly executed and delivered; and when special exchanges are negotiated in discharges of special paroles a certificate of such exchange must be forwarded to the nation where the parole was granted.

14. If either nation shall at any time have delivered more prisoners than it has received it is optional with such nation to stop sending any more prisoners on credit until a return shall be made equal in number to the balance so in advance.

15. This cartel is to be submitted for ratification to the Secretary of State for and in behalf of the Government of the United States and to the Right Hon. the Lords Commissioners of the Admiralty for and in behalf of the Government of Great Britain, and if approved by the Secretary of State of the United States shall be provisionally executed until the assent or dissent of the Lords Commissioners of the Admiralty of Great Britain be known. And it is further agreed that after the mutual ratification of this cartel either of the parties on six months’ notice to the other may declare and render the same null and no longer binding.

In witness thereof we the undersigned have hereunto set our hands and seals at Washington this 12th day of May, in the year of our Lord one thousand eight hundred and thirteen.

[SEAL.]

J. MASON.

[SEAL.]

THOS. BARCLAY.

Having seen and considered the foregoing cartel for the exchange of prisoners in all and every one of its articles and approved the same, I do hereby declare that the said cartel is accepted, ratified and confirmed on the part of the United States.

{p.309}

In faith whereof I have caused the seal of the Department of State for the said United States to be hereunto affixed.

Done at Washington this 14th day of May, in the year of our Lord 1813, and of the Independence of these States the thirty-seventh.

JAMES MONROE, Secretary of State.

* See Wool to Stanton, February 23, preceding; also Cobb to Benjamin, March 4, p. 512.

** See Cobb to Benjamin, March 4, p. 812; also Williams to Dix, June 5, p. 663.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., February 23, 1862.

Hon. E. M. STANTON, Secretary of War.

DEAR SIR: ...

P. S.-A steamer has this moment arrived bringing 372 returned prisoners from the South, of whom 345 are non-commissioned officers, privates, sailors and citizens; also 10 negroes and 17 commissioned officers, 7 of whom were held as hostages, ranking as follows, viz: Colonels Lee, Cogswell and Wood; Major Revere; Captains Bowman, Rockwood and Keffer, all of whom go forward this evening by boat to Baltimore.*

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

JOHN E. WOOL, Major-General.

* For this letter in full, see Series I, Vol. IX, p. 17.

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SAINT LOUIS, February 23, 1862.

Lieut. Col. S. BURBANK, Commanding at Alton:

Send General Tilghman by next return boat to this place to join the other officers, prisoners of war, on board the transports. Send General Price on parole to report at headquarters in this city.

H. W. HALLECK, Major-General.

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HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, February 23, 1862.

Maj. J. N. MCELROY, Comdg. Guard over Officers, Prisoners of War, Saint Louis, Mo.

SIR: I am directed by the major-general commanding to inclose to you copies of General Orders, No. 33, current series,* from these headquarters, in relation to medical officers prisoners of war. The terms of this order having been accepted by General A. S. Johnston, of the Confederate Army, the major-general commanding directs that you will be governed by its requirements.

Very respectfully, your obedient servant,

N. H. MCLEAN, Assistant Adjutant-General.

* Omitted here; see Vol. I, this Series, p. 164.

{p.310}

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U. S. FLAG-STEAMER PHILADELPHIA, Off Roanoke Island, N. C., February 23, 1862.

Maj. Gen. BENJAMIN HUGER, Commanding Department, &c., Norfolk, Va.

SIR: Since my letter to you of the 12th instant to be delivered by Surg, J. W. B. Greenhow, U. S. Navy, giving a list of the prisoners we had taken from the Confederate Navy and subsequently released on parole together with the terms upon which they were so released, three other individuals belonging likewise to the Confederate Navy have been reported to me as captured and afterwards released on parole on terms precisely the same as the others. Their names are E. Holt Jones, assistant surgeon; Samuel Merrill, purser’s steward, and Lorenzo Modlin, boatswain’s mate.

I beg it to be distinctly understood between us that all the prisoners our Navy may have taken or may take hereafter and about whose release on parole I may have informed or may inform you or your authorities are only to be duly exchanged by the authority of the U. S. Navy Department [and] are not to be considered as included in any arrangements of exchange with regard to those taken by the U. S. Army, in the absence of an express provision to such effect properly sanctioned by U. S. naval authorities.

Respectfully, your obedient servant,

L. M. GOLDSBOROUGH, Flag-Officer, Commanding North Atlantic Blockading Squadron.

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Resolution adopted by the House of Representatives February 24, 1862.

Resolved, That the President be requested to communicate to this House if not incompatible with the public service whether any foreign power has received into her ports armed ships in rebellion against the Government of the United States, and has allowed them to deliver their prisoners taken from American vessels captured and burned upon the high seas, and has furnished such ships with supplies of fuel and stores, with repairs to their machinery and increase to their armament, and whether such power or any power has refused to American national vessels a harbor in her ports or to supply them with fuel and stores, or has intercepted their ingress or egress into or from her ports, and all information he may have upon the subject and all correspondence in relation thereto.

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CONFIDENTIAL.]

HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., February 24, 1862.

Hon. EDWIN M. STANTON, Secretary of War, Washington, D. C.

SIR: Your order of the 18th instant not to exchange either by equivalent or otherwise Generals Johnson, Buckner, Pillow or Tilghman nor prisoners who have served in our Regular Army without special orders from the Headquarters of the Army conflicts with your orders of the 11th of February in which no exception of individual persons or former profession is made. Acting under your instructions of the 11th instant I informed General Huger of my willingness to negotiate a general exchange of prisoners based upon your instructions to me.

{p.311}

The principle of exchanging rebel officers captured by us and who had resigned from our Army has been recognized by the exchange of several officers-among others De Lagnel and Pegram-though in no instance done by me.

The exception made in yours of the 18th instant through General McClellan I have not yet broached to Generals Huger or Cobb lest it should embarrass negotiations and prevent the prisoners including hostages now in transit for the North coming forward to these headquarters.

Am I to adhere in any event to the exceptions made in yours of the 18th instant? Reply immediately by telegram and mail.

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

JOHN E. WOOL, Major-General.

P. S.-Copy of the above was sent to you by telegraph this morning.

JOHN E. WOOL, Major-General.

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BALTIMORE, February 24, 1862.

Hon. E. M. STANTON:

Seventeen released officers and 345 privates have just arrived from Richmond and will be sent to Washington as soon as a train can be provided.

JOHN A. DIX, Major-General.

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BALTIMORE, February 24, 1862.

Hon. E. M. STANTON:

The released prisoners are to leave at 1 o’clock in charge of Colonel Wood, who is ordered to report directly to you.

JOHN A. DIX, Major-General.

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INDIANAPOLIS, February 24, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

Five trains of upward [of] 4,000 prisoners arrived safely and now comfortably quartered and guarded. Sixth train to stop at Terre Haute, where full preparations are made.

LAZ. NOBLE, Adjutant-General.

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INDIANAPOLIS, February 24, 1862.

Major-General HALLECK:

The prisoners received and those to come will be all comfortably and safely quartered by to-morrow.

O. P. MORTON, Governor of Indiana.

{p.312}

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SAINT LOUIS, February 24, 1862.

Brig. Gen. E. A. PAINE, Cairo:

Where are Generals Buckner and Johnson and why have they not been sent here as I ordered?

H. W. HALLECK, Major-General.

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FORT LAFAYETTE, February 24, 1862.

Hon. B. M. STANTON, Secretary of War.

SIR: I, John Mack, a native of Ireland, one of the crew of the late privateer Petrel, now a prisoner in Fort Lafayette, hereby make application to be released from custody on my parole of honor or by taking the oath of allegiance not to render any aid or comfort to the enemy in hostility to the Government of the United States within the terms of the Executive Order, No. 1, War Department, dated the 14th February, 1862.

I am, your humble and obedient servant,

JOHN MACK.

NOTE.-John Cronin, Edward Murphy, Hugh Monaghan, Thomas Woods, of the Petrel crew, Joseph Cruz del Cano, and others made similar applications.

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CAIRO, February 24, 1862.

Major-General HALLECK:

Neither General Johnson nor General Buckner have been here. There is a report that General Johnson has escaped.

E. A. PAINE, Brigadier-General.

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SPRINGFIELD, February 24, 1862.

Major-General HALLECK:

Among the 7,000 prisoners at Chicago there is but one surgeon. More medical officers are absolutely necessary. Shall I employ them?

ALLEN C. FULLER, Adjutant-General.

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SAINT LOUIS, February 24, 1862.

ALLEN C. FULLER, Springfield, Ill.:

Confederate surgeons separated from their regiments will be sent on immediately. Their separation was made by the stupidity of subordinates and contrary to my orders.

H. W. HALLECK, Major-General.

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CAIRO, ILL., February 24, 1862.

Maj. Gen. H. W. HALLECK, U. S. Army, Commanding Department of the Missouri, Saint Louis, Mo.

GENERAL: I have the honor to inclose the correspondence forwarded through flags of truce between Maj. Gen. L. Polk, commanding at {p.313} Columbus, Ky., and Flag-Officer Foote and myself, commanding the naval and military forces engaged yesterday in our usual reconnaissance of the rebel water batteries at Columbus Bluff, Ky. I would suggest the propriety of their publication.

Very respectfully, your most obedient,

GEO. W. CULLUM, Brig. Gen. Volunteers, U. S. Army, Chief of Staff and Engineers.

[Inclosure No. 1.]

HDQRS. FIRST DIVISION, WESTERN DEPARTMENT, Columbus, Ky., February 22, 1862.

To the COMMANDING OFFICER U. S. FORCES, Cairo, Ill.:

Presuming you would be willing to reciprocate the courtesy shown to the families of officers of the U. S. Army after the battle of Belmont in allowing them to visit those officers who were prisoners within my lines, I take the liberty of sending up under a flag of truce the families of several of our officers who were captured at Donelson. These are the families of General Buckner, Colonels Hanson and Madeira. They are accompanied by Colonel Russell, Mr. Vance and [Mr.] Stockdale as escorts; also by Mr. Mass.

Hoping you may find it convenient to send these ladies forward to their husbands I have the honor to remain, respectfully, your obedient servant,

L. POLK, Major-General, Commanding.

[Inclosure No. 2.]

U. S. FLAG-STEAMER CINCINNATI, Mississippi River near Columbus, Ky., February 23, 1862.

Major-General L. POLK, Commanding at Columbus, Ky.

GENERAL: Your letter of the 22d instant received to-day by the hands of Captain Blake under a flag of truce nearly within range of your guns and in the presence of our armed forces at 12.30 p.m. to-day, will be answered to-morrow by a flag of truce at the same point of the river at which this was received.

Very respectfully, your obedient servants,

ANDREW H. FOOTE, Flag-Officer, Commanding Naval Forces Western Waters. GEO. W. CULLUM, Brig. Gen., Chief of Staff and Engineers, Dept. of the Missouri.

[Inclosure No. 3.]

HDQRS. FIRST DIVISION, WESTERN DEPARTMENT, Columbus, Ky., February 23, 1862.

ANDREW H. FOOTE, Flag-Officer, Commanding Naval Forces Western Waters. GEO. W. CULLUM, Brigadier-General, Chief of Staff and Engineers.

GENTLEMEN: I have received your note of this date acknowledging mine of yesterday asking permission for the wives of certain Confederate States officers to visit their husbands who had been made prisoners of war at Fort Donelson.

This application was based on the fact that I had on a former occasion granted a similar request made of me in behalf of the wives of {p.314} Colonels Dougherty and McClurken, captured at Belmont, and the assurance of the commanding general at Cairo that he would reciprocate the courtesy if events should make it desirable.

I note that you say my letter was received under a flag of truce “nearly within range of your [my] guns and in the presence of our [your] armed forces.”

As to the flag appearing in the presence of your armed forces and nearly within range of my guns it was purely accidental. The ladies whose safe conduct the flag was intended to secure arrived at the post from Nashville on the evening of the 21st instant. Preparations were made to send them up under a flag on the 22d and my letter was written and intrusted to Captain Blake. The departure of the flag was prevented by the heavy fall of rain. They left this morning, the boat taking its departure from a point considerably below my batteries, from whence your position in the river (five miles above) was not visible. It appears that several guns were fired from the fort prior to the departure of the boat, but as my artillery officers are constantly practicing the firing attracted no particular attention and the presence of your armed forces in the river it seems was not known to the officer in charge of the flag until after his boat had passed around the point.

This statement of facts I am informed has already been made to you by Captain Blake and is repeated here only because of the remark above quoted which you have taken pains to underline. Allow me to assure myself that officers of your rank and reputation could not impute any improper motive in sending a flag of truce. I would be unwilling to believe such a suspicion could be entertained by any mind except one conscious of its capacity to venture upon such an abuse.

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

L. POLK, Major-General, Commanding Confederate Forces.

[Inclosure No. 4.]

CAIRO, ILL., February 24, 1862.

Maj. Gen. L. POLK, Commanding at Columbus, Ky.

GENERAL: In answer to your request “to reciprocate the courtesy shown to the families of officers of the U. S. Army after the battle of Belmont, in allowing them to visit those officers who were prisoners,” by asking permission to have passed through our lines “the families of General Buckner, Colonels Hanson and Madeira,” captured at Fort Donelson, accompanied by certain gentlemen as escorts, we have to inform you that we will cheerfully comply with your request, subject to the approval of the President, but limited to the wives and children of those officers and excluding their escort; but to provide them with a protector, Colonel Thom, an aide-de-camp of Major-General Halleck, and one of the bearers of our flag of truce, has offered to take them in charge as far as Saint Louis where they will learn the destinations of the captured officers which are unknown to us. The flag of truce will wait if necessary long enough to obtain your action on this proposition.

Before concluding this note we feel constrained to make some remarks upon your abuse yesterday of the sacred character of a flag of truce. Upon approaching the batteries of Columbus with armed forces and when within the supposed range of your artillery you fired three heavy guns, and to add to this hostile demonstration one of your gunboats rounded Belmont Point apparently to give battle, but immediately upon discovering our strength and position retired. Soon after there appeared an unarmed steamer with Captain Blake bearing your flag of {p.315} truce, accompanied by many officers and citizens, upon the frivolous pretext above stated, evidently with the intention of discovering our force and intentions. Under these circumstances by the usages of war the dispatch bearer and those with him were subject to be made prisoners and the steamer captured, and we feel it our duty to inform you that a repetition of such an unwarrantable abuse of a flag of truce will not again be tolerated. Your letter though dated the 22d evidently was not dispatched till after firing your first gun, near 11 o’clock, more than an hour before your flag of truce was seen about two miles from your batteries, and certainly dispatched after the gun was discharged.

Regretting that we have to animadvert on this flagrant departure from the established usages of flags of truce, we are,

Very respectfully, your obedient servants,

ANDREW H. FOOTE, Commanding U. S. Naval Forces Western Waters. GEO. W. CULLUM, Brig. Gen., Chief of Staff and Engs., Dept. of the Missouri.

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SAINT LOUIS, February 24, 1862.

Brigadier-General CULLUM, Cairo:

Send the families of Buckner, Hanson and Madeira back to Columbus. They should not have been received without my orders. I cannot ascertain where the parties named have been sent. When they are properly disposed of it will be time enough to decide about their families joining them. The question of the disposition of these prisoners of war is not [yet] decided at Washington. Wait for orders.

H. W. HALLECK, Major-General.

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CHICAGO, February 24, 1862.

Major-General HALLECK:

There are now about 7,000 prisoners here at Camp Douglas. There is not even a fence about the barracks. The troops there are all skeleton regiments and artillery companies, with most of their men absent. The guard that accompanied the prisoners here has not expected to do duty here. There is not a sufficient force under the present discipline to properly guard the prisoners. I suppose there are 1,000 stand of arms at the camp, but the city is entirely destitute. I have seen two men guarding 300 feet with no other arms than a stick. A few of the city police have taken, with the small guard accompanying, 1,000 to 1,500 prisoners one to two miles through the city and located them at the camp.

The secession officers are not kept separate from the men, and our best citizens are in great alarm for fear that the prisoners will break through and burn the city. I am assured by men familiarly acquainted with these people that there is time utmost danger, and I am sure there is nothing to prevent such destruction but their temporary ignorance. I ask that you will immediately give the necessary orders to have the camp put in better order, the expense of which can be but small, and there be the other necessary orders issued to secure our city’s safety. Its destruction would surely do away with the glorious victory at Donelson. I have tried for two days to avoid calling upon you, but now feel it my imperative duty.

JULIAN S. RUMSEY, Mayor of the City of Chicago.

{p.316}

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SAINT LOUIS, February 24, 1862.

JULIAN S. RUMSEY, Mayor of Chicago:

Detain the guard in my name till the prisoners are safely guarded. Send all officers prisoners of war to Columbus, Ohio. My orders in this respect have been shamefully neglected. Raise a special police force if necessary. I have taken these Confederates in arms behind their intrenchments; it is a great pity if Chicago cannot guard them unarmed for a few days. No troops can be spared from here for that purpose at present.

H. W. HALLECK, Major-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., February 24, 1862.

Lieut. WM. E. MERRILL, Corps of Engineers.

SIR: The major-general commanding the department directs me to inform you that your exchange with First Lieut. T. M. R. Talcott, of the artillery, on engineer duty, captured at Roanoke Island, has been effected and you are in consequence released from your parole.

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

WM. P. WHIPPLE, Assistant Adjutant-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., February 24, 1862.

Maj. Gen. BENJAMIN HUGER, Commanding at Norfolk, Va.

GENERAL: I will thank you to notify Brigadier-General Winder that I will send a steamer to the place which he designated, near the lighthouse above Newport News, between 10 and 12 a.m., on any day to receive all prisoners he may think proper to send, he giving notice of the day and number of prisoners. Please to inform the officers and crews of the steamer Fingal and Camilla or Yacht (I believe that is the name) that they cannot pass to the North through Hampton Roads. Please to say to General Cobb that I am in hopes of receiving a dispatch from Washington this evening.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

P. S.-I send herewith under cover to you a package of letters addressed to prisoners and others in the South.

JOHN B. WOOL, Major-General.

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QUARTERMASTER-GENERAL’S OFFICE, Washington, February 24, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners, New York.

COLONEL: The following is a copy of a telegram this day directed to you at Sandusky, Ohio, and which is now confirmed:

Visit Chicago, Indianapolis and other places to which the prisoners taken in Tennessee have been sent. Report what is absolutely necessary to prevent their suffering. Quartermasters are in charge. Besides the rations allowed by regulations {p.317} without regard to rank the United States will supply such, blankets, cooking utensils and clothing as are necessary to prevent real, suffering. Much clothing not good enough for troops has by fraud of inspectors and dealers been forced into our depots. This will be used. Make requisition on this office by telegraph and the supplies will be ordered forward.

Very respectfully, your obedient servant,

M. C. MEIGS, Quartermaster-General.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, New York City, February 24, 1862.

General M. C. MEIGS, Quartermaster-General U. S. Army, Washington, D. C.

GENERAL: I have the honor to report that the depot is now ready to receive a limited number of prisoners, say 500 to 600. The guard is not yet completely armed not having received revolvers, nor is it sufficiently instructed to take charge of a large number of prisoners. The crossing to the island is uncertain just now on account of the breaking up of the ice in the bay, but it cannot be interrupted over a day or two. I return to Sandusky this evening and will report from there.

Very respectfully,

W. HOFFMAN, Lieut. Col. Eighth Infantry, Commissary-General of Prisoners.

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CHICAGO, February 24, 1862.

Brigadier-General MEIGS, Quartermaster-General:

We have at least 10,000 prisoners here and at Springfield. Captain Eddy is here. I need his advice and help. Cannot his orders be suspended for the present and he be permitted to remain here at least temporarily?

J. A. POTTER, Assistant Quartermaster.

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HEADQUARTERS ARMY OF THE PENINSULA, Yorktown, February 24, 1862.

Maj. Gen. JOHN E. WOOL, U. S. Army, Commanding Fort Monroe.

SIR: I have the honor to inclose a copy of a letter* addressed to Brigadier-General McLaws, commanding at Young’s Mills, and signed “W. D. Whipple, Assistant Adjutant-General.” I cannot believe that you were aware of the contents of this letter and therefore have to request that I may be informed if it was written by your authority or with your knowledge, it appearing from the communication itself that it was written by W. D. Whipple not in his official capacity as Adjutant-General, U. S. Army, but as the officer who had charge of the steamer on the day alluded to. I also send a copy of the report** of the field officer of the day, Capt. B. Menger, Fifth Regiment Louisiana Volunteers, who was on duty on James River on the day on which the steamers last passed up for the exchange of prisoners. Other officers saw these steamers on the occasion alluded to and corroborate the statement of the officer of the day.

{p.318}

This communication will be sent by a flag of truce, which will be accompanied by my aide-de-camp, Lieut. William A. Alston; Captain McIntosh, chief of the staff of General McLaws; Lieutenant Causey, of the C. S. cavalry, and four dragoons.

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

J. BANKHEAD MAGRUDER, Major-General, Confederate Army, Commanding.

* See Whipple to McLaws, p. 296.

** Not found.

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ALTON, February 24, 1862.

Major-General HALLECK.

SIR: I respectfully request that four officers of my staff may be allowed to accompany me. Please answer by telegraph.

LLOYD TILGHMAN, Brigadier-General, C. S. Army.

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U. S. RECRUITING RENDEZVOUS, Milwaukee, Wis., February 24, 1862.

ADJUTANT-GENERAL U. S. ARMY.

GENERAL: From reliable information just received I am confident of being able to enlist at least 500 prisoners* now at Camp Douglas, Chicago, into the Regular Army, if authorized to do so. Four out of every five are perfectly willing to take up arms for the Union and anxious thus to testify their loyalty. By referring this matter to the Secretary of War I trust it will meet his approbation.

Very respectfully, your obedient servant,

M. MAYER, Captain, Twelfth infantry.

* For Mulligan to Halleck, see p. 335; also see Vol. I, this Series, pp. 170, 172, 174, for correspondence of Halleck on same subject.

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HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, February 24, 1862.

COMMANDING OFFICER OF CAMP MORTON, Indianapolis, Ind.

SIR: Any Confederate officers who may have accompanied the prisoners of war from Cairo and Saint Louis will be sent under a suitable escort to this city and their arrival reported to these headquarters.

Very respectfully, your obedient servant,

J. C. KELTON, Assistant Adjutant-General.

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ON BOARD STEAMER ARGONAUT, Jeffersonville, Ind., February 24, 1862.

General BUELL, Commanding Department of the Ohio, Louisville, Hy.

SIR: I have the honor of reporting to you that I am now passing through your department in charge of General Buckner’s staff and other rebel officers, numbering 26; privates numbering 153, making {p.319} in the aggregate 179. My orders simply say report to you by letter and proceed direct to Indianapolis, Ind., and turn over above-mentioned prisoners of war to Governor Morton or his legal agent.

Happy to receive any orders, I remain, your obedient servant,

WILLIAM N. WALKER, Captain Company E, Twenty-fifth Indiana Vols., Comdg. Guard.

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ALTON, ILL., February 24, 1862.

Col. BERNARD G. FARRAR, Provost-Marshal-General.

COLONEL: To-day I will be through with examinations and commence releasing to-morrow if the blanks arrive. Allow me to suggest that the rebel officers now here be removed to some other point. They will poison the minds of every man we release. In addition to that they are by far too convenient to the rebels of Missouri who are constantly here in conference with them. The poor fellows to be released are penniless. The rebel officers here have some $300 in the hands of the adjutant of the post. It should be given to the discharged prisoners, or they should be sent down to Saint Louis on a Government boat. Send the blanks to care Colonel Burbank.

Very respectfully, your obedient servant,

THO. C. FLETCHER.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, &C., Fort Monroe, February 25, 1862.

Lieut. WILLIAM A. ALSTON, Aide-de-Camp, with flag of truce at Hampton.

SIR: I am directed by the major-general commanding the department to acknowledge the receipt by flag of truce of a letter of Major-General Magruder, inclosing a copy of a letter written by myself a few days since to Brigadier-General McLaws, and a report of field officer of the day of the 14th, and to in form you that there is no reply to Major-General Magruder’s communication.

I am, respectfully, your obedient servant,

WM. D. WHIPPLE, Assistant Adjutant-General.

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U. S. DISTRICT ATTORNEY’S OFFICE, Key West, Fla., February 25, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: There are in the custody of the U. S. marshal for this district twenty-three men taken in the privateer Beauregard, which was brought into this port and condemned some time since. The marshal desires to know if they are to be turned over to the military authorities in accordance with orders lately given by you in New York and Philadelphia cases.

Very respectfully, your obedient servant,

THOS. J. BOYNTON, U. S. Attorney.

{p.320}

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WHEELING, February 25, 1862.

Hon. EDWARD BATES, Attorney-General:

Have capias for Col. John Pegram, Lieuts. C. C. Ray, Robert Bibby, indicted for treason. The lieutenants captured at Roanoke. Will you surrender them to me and how shall I procure them?

B. M. NORTON, Marshal Western District.

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WASHINGTON, February 25, 1862.

Maj. Gen. J. E. WOOL, Fort Monroe:

Will you be good enough to arrange the exchange of Colonels Lee and Cogswell, Major Revere and the other officers who came with them with as little delay as possible?

GEO. B. McCLELLAN, Major-General, U. S. Army.

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SAINT LOUIS; Mo., February 25, 1862.

Colonel CUTTS, Aide-de-Camp, &c.:

You will with sufficient guard take General Tilghman, now a prisoner of war, and proceed with him to Indianapolis where you will also take General Buckner and with the two proceed to Fort Warren, Boston Harbor, and deliver them to the commanding officer. These two prisoners will be disarmed and closely guarded and not allowed to communicate with any person whatever. If they attempt to escape put them in irons. In transferring them from one depot to another in any city you are authorized if you deem it necessary to call upon the police to assist you. The prisoners will be kindly treated and made as comfortable as the circumstances will admit. The quartermaster will supply you with funds to pay all expenses, of which you will keep an account. Having performed these duties you will return the guard to its company and report at these headquarters.

H. W. HALLECK, Major-General.

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INDIANAPOLIS, February 25, 1862.

Major-General HALLECK, Commanding:

General Buckner and staff and prisoners with them in charge of Captain Walker arrived at 12 last night and are all safely in quarters and guarded.

LAZ. NOBLE, Adjutant-General.

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SAINT LOUIS, February 25, 1862.

Adjutant-General NOBLE, Indianapolis:

Separate General Buckner from the other officers and place him under a strong guard till Colonel Cutts arrives. He leaves here at 4 p.m. Do not permit General B. to communicate with any one

H. W. HALLECK, Major-General.

{p.321}

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CAIRO, February 25, 1862.

General HALLECK:

Mrs. General Buckner and Mrs. Colonel Hanson and Madeira with their families were yesterday received into our lines by flag of truce on application of General Polk and under a promise made by General Grant in consideration of similar courtesies extended by General Polk after the battle of Belmont, it having been the unanimous opinion of Flag-Officer Foote, myself and other officers present that the courtesy should under the circumstances be extended in the belief that no harm could truly be done to our cause. The correspondence held under our flags of truce yesterday and the day before and the attendant circumstances are of such a nature as would place us in a false position, which would be construed into conduct on our part not worthy of our cause. I therefore most earnestly request that they be allowed to proceed with their families to-night under Colonel Thom’s escort to Saint Louis to await your instructions, the courtesy extended being subject to the approval of the President under the agreement made with General Polk. If not approved by the President they can be returned at any future day and our agreement carried out in good faith. Reply by telegraph immediately.

G. W. CULLUM, Brigadier-General.

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SAINT LOUIS, February 25, 1862.

Brigadier-General CULLUM, Cairo:

Your arrangement about families of officers joining them is not approved. It is forbidden by General McClellan and the Secretary of War, notwithstanding my appeal to him for a relaxation of General McClellan’s order to me. Tell, them that probably in a few days when the prisoners are all distributed the request will be granted. I shall appeal to the President as soon as I can communicate with him. In the meantime obey orders.

H. W. HALLECK, Major-General.

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ARLINGTON, February 25, 1862.

Brigadier-General AUGUR:

Colonel Wood, Fourteenth Brooklyn Regiment, wounded and made prisoner at the battle of Manassas, has just returned from captivity and goes to-day to see his regiment under your command. To do honor to a brave and excellent officer* I have ordered an escort of cavalry to go with him. He will probably arrive at 3.30 p.m. Will you give orders to his regiment to be prepared to receive him? If I were not detained here I would go myself to assist at his reception.

IRVIN McDOWELL, Brigadier-General.

* For correspondence relating to Wood while a prisoner see pp. 724, 728.

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QUARTERMASTER-GENERAL’S OFFICE, Washington, February 25, 1862.

Lieut. Col. W. HOFFMAN, Commissary-General of Prisoners, New York.

COLONEL: You are directed to visit such posts on the lake where propellers are most used as you may deem necessary to make a personal {p.322} examination and comparison in order to secure a proper guard-boat for the use of the Sandusky depot, in accordance with the request contained in your letter of the 18th instant.

I am, very respectfully, your obedient servant,

M. C. MEIGS, Quartermaster-General.

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QUARTERMASTER-GENERAL’S OFFICE, Washington, February 25, 1862.

Capt. J. A. EKIN, Assistant Quartermaster of Volunteers, Indianapolis, Ind.

CAPTAIN: Your telegram of this date has been received. Lieut. Col. W. Hoffman, commissary-general of prisoners, has been directed to go to Indianapolis and make proper arrangements for prisoners of war. The regulations provide for their supplies. The Government will furnish from stock of inferior clothing in depots such clothing as is absolutely necessary to prevent real suffering upon proper requisition to this office.

M. C. MEIGS, Quartermaster-General.

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WAR DEPARTMENT, Washington, February 26, 1862.

Maj. Gen. JOHN E. WOOL, Commanding at Fort Monroe, Va.

GENERAL: Your objections to the proposition respecting the mode of discharging and paroling prisoners are approved.

The proposition is obnoxious in its terms and import and wholly inadmissible, and as the terms you were authorized to offer have not been accepted you will make no arrangement at present except for actual exchanges. But your arrangement may be made without reference to the instructions of the 18th instant in relation to the retention of Pillow and others which are revoked.

Yours, truly,

EDWIN M. STANTON, Secretary of War.

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WAR DEPARTMENT, Washington, February 26, 1862.

Maj. Gen. JOHN E. WOOL, Commanding at Fort Monroe, Va.

GENERAL: There is a report that Buckner has been surrendered to the civil authorities in Kentucky. I have not yet been able to find where he is, but my orders are that he be treated as a prisoner of war. If he has been surrendered he will be immediately remanded into military custody.

If Cobb should say anything on the subject you may tell him that he is regarded as a prisoner of war and should be treated as such.

Yours, truly,

EDWIN M. STANTON, Secretary of War.

{p.323}

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ADJUTANT-GENERAL’S OFFICE, Washington, February 26, 1862.

Mrs. MARIE L. WILLCOX, Detroit, Mich.

MADAM: Your letter of the 15th of February to the Secretary of War has been referred to this office. I trust a perusal of the inclosed copies of letters* and a careful notice of their respective dates will convince you that the following words found in your letter were penned under misapprehension:

Through treachery in the Adjutant-General’s Department Colonel Pegram’s mission was nullified. A recently released prisoner, Captain Withington, First Michigan, ... told me that at Norfolk he was informed that Colonel Pegram had been sent down and that Colonel Bomford was to be returned in his place. Not a word in connection with Colonel Willcox.

The first letter, dated December 31, 1861, directs Colonel Dimick to release Colonel Pegram on condition that he procures the release without parole of Colonel Willcox. The second from Colonel Pegram, dated January 5, 1862, expresses the apprehension that Colonel Willcox will not be released because he is kept as a hostage for the privateersmen. The third to Colonel Pegram, dated January 9, 1862, expresses the hope he may succeed in effecting Colonel Willcox’s release, but authorizes him if he fails in that to try to effect that of Colonel Bomford. You will observe that in the fourth letter, dated January 21, 1862, and addressed to General Wool that officer is directed to urge by all means the release of Colonel Willcox.

The letters of General Wool dated January 21 and 24 give the reasons why the exchange of Colonel Willcox was refused by those who had him in custody. Colonel Pegram’s letter of January 27, 1862, gives the same reason and shows that he in good faith proposed his own exchange for Colonel Willcox. General Huger’s letter of January 29 shows that he proposed the exchange himself of Lieutenant-Colonel Bomford for Lieutenant-Colonel Pegram.

I will only add that three-fold more trouble has been taken by the Adjutant-General’s Office to effect the release of Colonel Willcox than in the case of any other of our captive officers and men.

I am, madam, &c.,

L. THOMAS, Adjutant-General.

* Omitted; refers to letters hereinbefore printed.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., February 26, 1862.

Col. MAX WEBER, Commanding Camp Hamilton, Va.

COLONEL: The major-general commanding the department directs that you refuse for the future to receive flags of truce sent to your outposts by General Magruder or any of the officers under his command.

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

WM. P. WHIPPLE, Assistant Adjutant-General.

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NEW YORK, February 26, 1862.

Hon. E. M. STANTON, Secretary of War.

SIR: Having just returned from the South, where I was for more than three months a prisoner of war, I deem it my duty to inform you how {p.324} I and other persons similarly situated were treated during the term of our imprisonment.

I left New York on the 24th of October in command of the steamer Osceola, a transport belonging to the Sherman expedition. The steamer foundered in the gale of November 2. With the crew I landed in two boats at Georgetown. S. C. We were taken prisoners on landing by Captain Godbold, of the South Carolina troops. After remaining two days on North Island I was transferred to Charleston and my men to the Marion Court-House jail. While in the Charleston guard-house I had good quarters and could get anything that I ordered. The commanding officer was brutal in his treatment; the others were kind and gentlemanly. I was transferred to the jail about the 27th of November and put in a room with three Federal officers. The others who belonged to our mess-Colonels Willcox, Woodruff, Neff; and Major Potter-were kept in their cells (the condemned) in the tower. Our fare consisted of one-half pound of meat (bone included) and three biscuits daily; two ounces of coffee for five days and other small stores in proportion; the fuel was altogether insufficient to cook our provisions, being one small stick of yellow pine for two days for the whole mess. Those of us who were not in the condemned cells had the run of the yard from 9 a.m. to 4 p.m.; those of our number who were in the condemned cells had not the use of the halls, nor were the rest of us allowed to go to visit the tower. When the fire occurred in Charleston we were locked in our cells and remained unvisited and without food until 5 o’clock of the next day. We all suffered from the smoke and confinement. It was so light during the night that notwithstanding the smoke I could read fine print. In cells next to ours were confined five murderers (condemned) who had the same privileges as ourselves, liberty of the yard, &c. They were offered their liberty if they would join the Southern army but they refused. Our treatment was severe, and when we were ordered to be transferred to Columbia we were told to expect still worse fare and greater privations. But in this we were happily disappointed.

We reached Columbia on the 1st of January and at once marched to the jail of that town. It is an ordinary brick building, three stories in height and twenty by forty feet. The outer windows are well barred and secured. The yard in the rear, surrounded by a fence twenty feet high, is twenty by fifty feet. Confined in this building were, including myself, 310 Northern citizens. Thirty-two of our number, ranking as officers, had the lower floor and occupied its six rooms; the remaining 278 of our number occupied the other two stories, less two small rooms devoted to other purposes. Extreme ventilation was necessary for comfort. Our rations of meat and bread were double what they had been at Charleston, but we had no coffee or vegetables. Our treatment was good and the officers were kind and gentlemanly. While there $300 were sent me from New Orleans by a friend and $300 from New York. Of these sums I was allowed to receive $100.

Among our prisoners was Captain Nichols, of the brig E. K. Eaton, who was taken prisoner by the privateer Sallie which it is well known had no commission. Captain Nichols has been very badly treated, being kept on low rations, being furnished with bread alone, which he was expected to trade off for bull beef. He intrusted his sextant with an officer named McDowell, who was at times in charge of the jail, which he was to sell. He did so and never returned the proceeds to Captain Nichols. The same dishonest practice was exercised upon Colonel Corcoran in regard to a watch which he wished to dispose of for the benefit of himself and his fellow-prisoners. Lieutenant Dempsey, {p.325} of the Sixty-ninth New York Volunteers, was also the victim of their special ire on account of a letter which he managed to send out of the prison “through the underground.” An order was issued for his release and that of Captain Farrish, of the Seventy-ninth New York Volunteers, two months and more ago by General Huger. They are still in confinement and they are supposed to be kept there by order of General Ripley, whom we considered our worst enemy. He is exceedingly bitter, though a Northern man. It is generally understood that General Ripley kept back for two months and upward the clothing that our Government had sent out for its destitute soldiers in the enemy’s hands.

My candid opinion is that they will not release Colonel Corcoran and the other field officers as long as they can invent an excuse or get up a pretext for keeping them. They now hold them as hostages for the bridge burners [privateersmen]. I don’t believe they will release Colonel C. and the others any time without their being named. They are especially afraid of Corcoran on account of his influence among the Irish. It was the impression of the South Carolinians whom we saw and Irish soldiers who stood guard over us said “that Corcoran could rally the Irish of Charleston to fight with him under the old flag.”

I was exchanged for Captain Berry,* who was named by General Huger to me as the person whose release I was to procure. I reached this city on the 12th instant. I left 307 in the jail at Columbia, and none of the names of my fellow-prisoners have appeared in the last two lists of returned Federal soldiers. Should you desire it I will send you a list of them. I have heard them express their sentiment that notwithstanding their great desire for release from confinement, they did not wish it in case such an action should at all compromise the Government. I respectfully submit the above for your consideration.

Your obedient servant,

J. T. MORRILL, Late Master of Steamer Osceola.

* See Vol. II, this Series, p. 933, for case of Capt. Michael Berry.

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INDIANAPOLIS, February 26, 1862.

Major-General HALLECK, Commanding Department of the Missouri:

Colonel Cutts with Generals Tilghman and Buckner started at 9. One hundred and ten officers under guard will start for Saint Louis at 11 o’clock.

LAZ. NOBLE, Adjutant-General.

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SAINT LOUIS, February 26, 1862.

LAZ. NOBLE, Indianapolis, Ind.:

Rebel officers, prisoners of war, were not ordered to be sent to Saint Louis but to Columbus, Ohio. See that this is carried out immediately.

H. W. HALLECK, Major-General.

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INDIANAPOLIS, February 26, 1862.

Major-General HALLECK:

Written orders dated 24th* came this morning for transfer of rebel officers to Saint Louis. Arrangements countermanded and prisoners {p.326} will be ready when others arrive. Shall we send escort from here and keep these prisoners separate Answer to-night.

LAZ. NOBLE, Adjutant-General.

* Kelton to commanding officer of Camp Morton, p. 318.

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SAINT LOUIS, February 26, 1862.

LAZ. NOBLE, Adjutant-General, Indianapolis:

Officers, prisoners of war, must be sent to Columbus, Ohio.

H. W. HALLECK, Major-General.

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SAINT LOUIS, February 26, 1862.

Maj. A. J. SMITH, Chief of Cavalry:

You will with a sufficient guard take all the field officers, prisoners of war, to Fort Warren, Boston Harbor, and deliver them to the commanding officer.

These prisoners will be disarmed and closely guarded and not be allowed to communicate with any person whatever. If any attempt to escape put them in irons. In transferring them from one depot to another in any city you are authorized to call upon the police to assist you. The prisoners will be kindly treated and made as comfortable as the circumstances will permit. The quartermaster will supply you with funds to pay all expenses, of which you will keep an account. Having performed these duties you will return to these headquarters.

H. W. HALLECK, Major. General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., February 26, 1862.

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

GENERAL: I intended to send the dispatch of the 24th yesterday but was prevented by the gale. Will you do me the favor to inform General Cobb that I have not yet received a reply to my dispatch on Sunday from Washington? I sent by telegraph and mail. I expect a dispatch by telegraph in the course of the day. The gale has interfered very much with our communication. As soon as I receive the information anticipated I will notify General Cobb by flag of truce.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

P. S.-I propose for exchange Capt. K. Garrard of the Fifth Cavalry.

JOHN E. WOOL, Major. General.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Sandusky, Ohio, February 26, 1862.

General M. C. MEIGS, Quartermaster-General U. S. Army, Washington, D. C.

GENERAL: I have the honor to acknowledge the receipt of your instructions of the 25th by telegraph and I shall proceed immediately to carry them out.

The crossing to the island to-day is very unsafe and if the mild weather continues in two or three days the ice will probably be all out of the bay. In this uncertain state of things I would advise that no {p.321} prisoners be sent here till they can be crossed on a steam-boat; one will be ready to receive them as soon as the bay is free of ice. The revolvers have not yet been received nor the lanterns which I ordered in New York for lighting the prison inclosure and it would be safer to have these articles on hand before prisoners are taken charge of. I wish to be present when they arrive and therefore suggest that none be ordered here until my return. The delay will give time for further instructions to the guard, which is much needed.

I postponed the erection of quarters for the commanding officer during the winter owing to the inclemency of the weather and the greater expense, and I propose now to erect a building on the plan of those already erected which will accommodate the major and doctor. In the expectation of having to receive a large number of prisoners at the depot I propose also, unless you direct otherwise, to put up an additional building for the guard which will give more room for the guard as it is and admit of another company if found necessary, as probably will be the case. The building occupied by the guard was not intended for 200 men and it is too much crowded in warm weather. These barracks being erected at this more favorable season of the year and with some changes which can be made to advantage can be put up at less expense than those built in the winter. Major Pierson will telegraph to you if he is ready to receive the prisoners before my return.

My position as commissary-general of prisoners has never been announced to the Army, and in order that my authority might not be recognized merely through courtesy on the 7th of December last I requested that the Adjutant-General would notify those in charge of prisoners of war of my appointment and the extent of my authority. I am not aware that any such notice has been given, and to avoid embarrassing conflict of authority I desire to call your attention to the subject in the hope that what is proper in the case, will be done.

Very respectfully, your obedient servant,

W. HOFFMAN, Lieut. Col. Eighth Infantry, Commissary-General of Prisoners.

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HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, Mo., February 26, 1862.

Col. CHARLES WHITTLESEY, Commanding Guard over Officers, Prisoners of War.

COLONEL: I am instructed to inform you that the major-general commanding declines to release on parole the following officers, viz: J. B. Palmer, colo