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 Research US War Dept. Official Records HTML Ser. II, Vol. 4–Confederate Correspondence.

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

SERIES II.-VOLUME IV.
CORRESPONDENCE, ORDERS, ETC.,
RELATING TO PRISONERS OF WAR AND STATE
FROM JUNE 13, 1862, TO NOVEMBER 30, 1862.

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CONFEDERATE CORRESPONDENCE, ETC.

{p.772}

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WAR DEPARTMENT, Richmond, June 13, 1862.

General R. E. LEE, Commanding, &c.

SIR: I see no objection to the proposition to consider medical officers non-combatants as proposed by General McClellan and you are authorized to agree to it unless you think it objectionable.

Your obedient servant,

GEO. W. RANDOLPH, Secretary of War.

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WAR DEPARTMENT, Richmond, June 13, 1862.

H. D. BIRD, Superintendent South Side Railroad Company, Petersburg:

I regret very much that supposing me to be ignorant of the number of troops ordered forward by myself you should communicate our movements in the way you have done. I was not aware that you were sending forward sick when I had written to you to suspend all transportation except that of troops. I knew that the Yankee prisoners could not interfere with the troops because they had been stopped at Lynchburg.

...

G. W. RANDOLPH, Secretary of War.

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KNOXVILLE, TENN., June 13, 1862.

Col. E. P. WATKINS, Commanding, &c., Atlanta, Ga.

SIR: This will be handed you by an officer sent in charge of certain prisoners (a list of whom is inclosed*) transferred to your post for greater {p.773} security by direction of Maj. Gen. E. Kirby Smith. Some of these men,spies, are under sentence of a general court-martial. The order in relation thereto will be forwarded in a day or two. They are designated on the list by black lines under the name. David Fry is a notorious prisoner, whose trial has been postponed from time to time at the solicitation of his counsel, in absence of important witnesses for defense. Nos. 23, 24 and 25 on the list are held as spies upon good grounds for suspicion. The prisoners of war Nos. 15, 16, 17 and 18 the commanding general requests may be confined with and treated as those of the same class recently sent from Chattanooga.

Respectfully, your obedient servant,

J. F. BELTON, Assistant Adjutant-General.

* Omitted.

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HEADQUARTERS, Richmond, Va., June 14, 1862.

Brig. Gen. Howell Cobb, of the C. S. Army, is hereby appointed to meet such officer as has been or may be appointed by the commanding general of the U. S. Army to negotiate for the exchange of prisoners of war taken and held by the respective armies during the existing war. He is authorized to conclude any arrangement which provides for the exchange of prisoners upon terms of perfect equality.

R. E. LEE, General.

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HEADQUARTERS DEPARTMENT OF HENRICO, Richmond, June 14, 1862.

Hon. G. W. RANDOLPH, Secretary of War, Richmond, Va.

SIR: I have had the honor to receive the report of Surgeon Lane to the Secretary of War in relation to Camp Winder. It is no part of the duty of Surgeon Lane to make a report of anything connected with Camp Winder to the Secretary of War. On the contrary the regulations prohibit any direct correspondence on the part of officers directly with the War Department. The whole course of Surgeon Lane in the matter is irregular, improper and insubordinate, for which I shall immediately bring him to trial.

I will not follow Surgeon Lane through his long letter but shall touch upon some of the prominent points. It is but a very short time since when there were three companies at Camp Winder, viz, Captain Jones’, Captain Bruce’s and the Infirmary Company; that Surgeon Lane complained very much that unless there was an increase of guard the police of the camp could not be maintained. I represented the necessity for a commanding officer and guard, which was accordingly ordered by the War Department. The order was received at Camp Winder as soon as issued. The date is not material, as it was only operative from the time of its issue from the Adjutant-General’s Office. A short time since I rode around the camp and could not find a single medical officer, not one being in camp that I could find. I found the public property scattered over the whole camp, lying exposed to the weather and to depredation. I found that hands that I had employed to work on a very important piece of work, upon the execution of which depended the possibility of occupying at least one-third if not one-half the camp, taken off and employed upon matters of very comparative unimportance.

I thought it was high time that military control should be exercised. It is no part of the duty of the surgeon to meddle with the buildings {p.774} nor with the property, except such property as exclusively belongs to the hospitals. It is the duty of the Quartermaster’s Department to build, repair and keep in order all buildings and to take care of all property not specially in charge of other officers. A surgeon in charge of a hospital of that size has quite enough to do to attend to the duties growing out of it without aspiring to command troops.

As to the number of officers at the post I will remark-a captain, two lieutenants, one quartermaster, one commissary and three sergeants and one barrack master are none too much for a post containing some one hundred and eighty houses and covering a very large extent containing between three and four thousand men; besides which one of the subalterns is intended for Chimborazo as soon as a commander can be found. I have not the honor of knowing Mr. Chambliss, whose report is quoted, nor have I seen the report.

I will close by remarking that Surgeon Lane, in my office, while speaking on this subject used highly improper and insubordinate language, for which I was obliged to rebuke him and warn him that a repetition would cause his arrest.

Very respectfully, your obedient servant,

JNO. H. WINDER, Brigadier-General.

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HEADQUARTERS, June 15, 1862.

Hon. G. W. RANDOLPH, Secretary of War, Richmond.

SIR: I have had the honor to receive your letter of yesterday’s date relative to the reported action of the United States Government with respect to Captains Spriggs and Triplett, of the Virginia ranger service, who have been captured. I have as directed prepared a letter for General McClellan to the effect of your instructions, which I will forward by flag of truce to-morrow. Before doing so, however, I beg that you will inform me if your information is authentic, for on a previous occasion in a like case I found that the report was without foundation.

I am, very respectfully, your obedient servant,

R. E. LEE, General.

[Indorsement.]

General LEE:

The information was received from Governor Letcher.

General McClellan should be informed that not being certain of its correctness no change in the treatment of the hostages has been made. We shall be happy to learn that we are misinformed.

G. W. R.

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RICHMOND, June 16, 1862.

Hon. Mr. RANDOLPH, Secretary of War:

In accordance with your suggestion and for the purpose of drawing your attention more directly to the matter I take the liberty of addressing you a written communication in behalf of Colonel Zarvona* (more commonly known as the French Lady) and in reference to your taking some action in his case. We have been fellow-sufferers and prisoners in Fort Lafayette during the whole of the past winter, he having been {p.775} removed from Fort McHenry early in December last. His imprisonment (which has now reached almost a year in duration), from his own account and that of others and for the last three months from my own personal knowledge, has been conducted with the most singular and uncalled-for cruelty. The fact is it has been my opinion and is now that such treatment could not be continued without either costing him his reason or his life. In regard to the cause and circumstances of his capture I beg leave to refer you to Governor Letcher, of this State, whom I believe to be aware of the causes which led to his arrest.

The United States Government hold him charged with piracy and treason for the seizure of the steamer Saint Nicholas, yet at the time of his capture he held a commission as colonel in the Confederate service. I would suggest that an officer holding the same rank in the U. S. Army be selected from amongst our prisoners and be held for him individually and information sent to the United States Government that this particular officer will never be given up unless Colonel Zarvona be exchanged according to his rank. He is a member of one of the oldest, most respectable and at one time most influential families in Maryland, as I’ve been informed. His relatives are people I understand of considerable property and have contributed as liberally as has been in their power to the cause of Southern independence, while his only two brothers are at present in our army. It is thought that our Government has acted with the most unmerited indifference toward him.

I do not propose that the person who may be selected as a hostage for him should be treated in a personally retaliatory manner, for I think that such a course would not only be unproductive of any desired results but would be derogatory to the honor of a Christian nation in a civilized and enlightened age. Three months ago he was removed from the casemate which he occupied with myself and several others to the guard-room and placed in solitary confinement in one of the cells. There he was denied all reading matter or writing material of any description whatever. He was allowed no communication whatever with any one inside of the fort, his jailers excepted, and this has been continued up to the time that I left Fort Lafayette. Some time before I was released he was taken from the guard-room cell and placed in a casemate by himself, but after making an attempt to escape one tempestuous night by springing from the wall into the raging tide, although not knowing how to swim, he was not allowed to leave the room under any circumstances, and a sergeant (selected I verily believe on account of his known harsh demeanor) was confined in the room with him night and day armed with a loaded musket. This sergeant was allowed to leave the room during meal times only, and at such intervals three privates replaced him. These last details I obtained from the testimony of my fellow-prisoners, who became acquainted with the facts from their own observation and hearsay from soldiers in the garrison.**

I have felt myself called upon by Christian feelings of humanity to make the above statement and hope you will excuse my trespassing so long upon your valuable time. In regard to my own case I can but think that upon investigation and reconsideration of the matter you will be of the opinion that I can be regarded in no other light than that of prisoner of war. I was a member of a militia company it is true, but that company was commanded by a West Point officer and held together by a published proclamation of the Governor of the State as holding an {p.776} important military post-in fact actually performing outpost picket duty. At the time of my capture, however, I had obtained leave of absence for the day only to visit my plantation, which lay between our lines and those of the enemy.

Yours, respectfully,

EDWARD B. CUTHBERT.

* For case of Richard Thomas, alias Zarvona, see Vol. II, this Series, p. 379 et seq., and p. 315 same volume for memoranda of the arrest of E. B. Cuthbert.

** See General N. P. Banks’ statement in regard to Zarvona, Vol. II, this Series, p. 380.

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WAR DEPARTMENT, Richmond, June 17, 1862.

General R. E. LEE, Commanding, &c.

SIR: I received the information of the action of the United States Government with regard to Captains Spriggs and Triplett from the Governor of Virginia. General McClellan should be informed that not being certain of its correctness no change in the treatment of the hostages has been made.

We shall be happy to hear that we have been misled in the matter.

Your obedient servant,

GEO. W. RANDOLPH, Secretary of War.

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STAUNTON, VA., June 17, 1862.

Hon. G. W. RANDOLPH, Secretary of War:

Am I authorized by law of Virginia or Confederate States of America to hang or shoot by drum-head court-martial marauding parties of the enemy captured kidnapping negroes? Also to put to death prisoners taken with counterfeit Confederate money in their possession?

W. H. C. WHITING.

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RICHMOND, June 17, 1862.

Brig. Gen. W. H. C. WHITING:

The law of Virginia does not authorize you to hang or shoot by drum-head court-martial or otherwise, nor will you execute prisoners under any circumstances without special authority for doing so. Deserters may be tried by court martial convened by the commanding general of the department.

GEO. W. RANDOLPH, Secretary of War.

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CENTER, ALA., June 17, 1862.

Hon. G. W. RANDOLPH.

DEAR SIR: At the request of many of my constituents I write you this note to call your attention to the prisoners taken at Donelson. It is a matter of complaint that many prisoners in various sections of the country have been exchanged while those captured at Donelson are still in the hands of the enemy. I know the exchanges have been irregular because of the course pursued by the Lincoln Government, but hope that some general system may soon be adopted that will relieve our unfortunate captured soldiers.

I have the honor to be, truly, yours, &c.,

JNO. P. RALLS, Member of Congress.

{p.777}

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HEADQUARTERS DEPARTMENT OF HENRICO, Richmond, June 17, 1862.

Hon. G. W. RANDOLPH, Richmond, Va.

SIR: I have the honor to send you herewith the names of the Federal prisoners (assistant surgeons) selected to be held as hostages* in the case of Asst. Surgs. T. S. Foster and Newton Vowles, who are to be put to death by the enemy. The names of the officers selected are George D. Slocum, assistant surgeon, U. S. Navy, and John B. Huffman, assistant surgeon, U. S. Army.

Very respectfully, your obedient servant,

JNO. H. WINDER, Brigadier-General.

* See indorsement upon letter of Harris to Randolph June 10, 1862, Vol. III, this Series, p. 896.

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QUARTERMASTER-GENERAL’S OFFICE, Richmond, June 17, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: A telegram received to-day from Captain McCormick, assistant quartermaster at Lynchburg, states that it is almost impossible to obtain supplies to feed the prisoners of war at that place. I deem it my duty to submit that the difficulty of maintaining prisoners is most serious and that the growing deficiency in the resources of the Confederacy, so far as commissary stores are concerned, will render the speedy exchange of prisoners of war or their disposal otherwise absolutely necessary.

Very respectfully, your obedient servant,

A. C. MYERS, Quartermaster-General.

[First indorsement.]

COMMISSARY-GENERAL:

What has the quartermaster at Lynchburg to do with feeding prisoners? I have reason to expect a speedy exchange and do not wish to incur unnecessary expense in moving the prisoners about.

[G. W. R.]

[Second indorsement.]

RICHMOND, June 20, 1862.

By law of Congress (see act No. 181, section 1, page 61, first session of Congress) subsisting prisoners is made the duty of the Quartermaster’s Department.

Respectfully,

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

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HEADQUARTERS WESTERN DEPARTMENT, Tupelo, June 17, 1862.

Col. C. J. POLIGNAC, Assistant inspector-General.

COLONEL: The general commanding directs that you will cause Captain Graham to proceed without delay to Selma, Tuscaloosa and Atlanta. He will at Selma and Tuscaloosa see that all prisoners of war are speedily removed to Atlanta, Ga.

{p.778}

He will then repair to Atlanta and ascertain what surgeons and chaplains are held by the Confederate States as prisoners of war, and will proceed with them to Huntsville, Ala., or to some other practicable point within the lines of the enemy, under a flag of truce, and deliver them to the Federal authorities under parole, taking a receipt for the same. He will cause complete rolls of all the prisoners to be made out at Selma, Tuscaloosa and Atlanta who are or have been detained at said places, and if discharged or sent from thence to set forth by what authority and to what points.

Captain Graham will report to these headquarters his action in the premises.

The quartermaster will furnish transportation.

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

GEORGE WM. BRENT, Acting Chief of Staff.

NOTE.-Should Surgeon Carey, Forty-eighth Ohio Volunteers, be found among the prisoners you will deliver him in exchange for Surg. L. H. Hall, First Mississippi Regiment, taken at Donelson by the U. S. forces.

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MURFREESBOROUGH, N. C., June 17, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

DEAR SIR: Having recently heard that a general system for an exchange of prisoners had been or soon would be adopted I beg to call to your attention the fact that three of the Hatteras prisoners still remain under parole. All the others have been released of the number captured last August at Hatteras. The three persons referred to are Maj. H. A. Gilliam, of Plymouth; Lieutenant Biggs, son of Judge Biggs, of Williamston, and Dr. William E. Pool, of this place, all of whom were attached to the Seventh ([afterwards] Seventeenth) Regiment of North Carolina Volunteers. You will recollect the case of Major Gilliam, whose release I asked in a personal interview during the late sitting of Congress. A few weeks since he was rearrested at Plymouth by a Federal force sent from one of their boats in the Roanoke and carried off on a charge, as I hear, of having violated his parole by his influence and conversation in supporting our cause and encouraging the volunteer spirit. He has, however, been since discharged, as I suppose, by Stanly. He has been very anxious to re-enter the service, and I presume is so still, though I have not seen him for many weeks. I am very desirous that he should be restored to full liberty. The case of Lieutenant Biggs presents claims quite as strong. Doctor Pool would have long since been exchanged but for the fact that a physician by profession he acted as surgeon (assistant) to the regiment and was so treated in the capitulation but had never been commissioned by the Confederate Government nor by this State as such. During your predecessor’s term I showed him an ordinance or resolution passed by our convention in which he is called assistant surgeon and payment of his salary as such for a part of his service directed to be made. This I regarded, emanating as it does from the depositary of the sovereignty of the State, as equivalent to the issuing of a commission. So Mr. Benjamin seemed also to regard it. This act of our convention in a small printed pamphlet I left with him. Another copy can be obtained if desired. He is very desirous of a release that he may enter the public service again. I beg to ask that {p.779} these cases omitted in the other exchange and of such duration may be early arranged. I find on reflection that there are some other cases of Hatteras prisoners. There were a number sent home early on the ground of ill-health, part of the sixty released in answer to a discharge by us of that number. I do not know the terms of their release nor have I been consulted in their behalf; but for the three mentioned I have been requested to ask the favorable consideration of our Government. I suppose the Roanoke Island prisoners may also hope for a speedy end of the restraints of their parole.

I am, very respectfully, &c., your obedient servant,

W. N. H. SMITH.

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HDQRS. FORTY-SECOND REGT. NORTH CAROLINA TROOPS, Fair Grounds, Lynchburg, Va., June 18, 1862.

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

GENERAL: I wrote to you on the 15th instant. In obedience to your order (telegraphic) of same date I proceed now to make to you a detailed report of the condition of the prisons and prisoners. On yesterday I received from Lieutenant-Colonel Cunningham, then commanding, 30 commissioned officers, 2,230 non-commissioned officers and privates, making 2,260 prisoners, exclusive of three negroes, one of whom is said to be a slave. I inclose list* of officers. The premises occupied as a prison are entirely unsuited to the purpose, but the assistant quartermaster at this post reports that he can obtain no other. The sleeping quarters of the prisoners are vacant (open) stalls, or such tents as they can construct with their blankets or oil-cloths. The officers are in a different part of the grounds from their men. With a large and vigilant guard, two companies of which have been performing this duty for four and one-half months, I hope to prevent escape, but if the premises had been constructed for the express purpose they could not have been better contrived to permit the escape of prisoners. Lumber cannot be had to repair the fences, gates or sheds. There is no hospital, and for the reason stated one cannot be erected. There are several sick among them, but no death since their transfer to me. I have no prison surgeon or assistant. In consequence of some misunderstanding between captain and assistant quartermaster and captain and assistant commissary of subsistence the prisoners were without food for the twenty-four hours ending at noon to-day, and up to this time neither fuel nor well or water buckets have been supplied. The latter officer, Captain Galt, signs himself as commanding the post. I have directed that no person be permitted to enter the inclosure except by my order. To prevent the possibility of unpleasant feeling (as I cannot obey orders from Captain Galt) please cause an order to be issued on the subject. Meantime I consider myself in command of the post.

Very respectfully, your obedient servant,

GEO. C. GIBBS, Colonel Forty-second North Carolina Troops, Commanding Post.

[Indorsement.]

Telegraph to Colonel Gibbs to appoint quartermaster immediately for the prisoners ; to call on the commissary at Lynchburg for rations such as are issued to our own soldiers. Inform the Quartermaster-General {p.780} that he will be dropped unless he feeds and shelters the prisoners and explains his failure heretofore to do so. Order commissary at Lynchburg to furnish rations on the requisition of Colonel Gibbs’ quartermaster for prisoners.

G. W. R.

* Not found.

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ATLANTA, June 18, 1862.

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

SIR: We are the survivors* of the party that took the engine at Big Shanty on the 12th of April last. Our commander, Andrews, and seven of our comrades have been executed. We all (with the exception of Andrews) were regularly detailed from our regiments in perfect ignorance of where we were going and what we were to do. We were ordered to obey Andrews, and everything we did was done by his orders, he only telling his plans when he wished us to execute them. In this we are no more to blame than any Northern soldier, for any one of them in our circumstances would have been obliged to do just as we did. For fuller derails we refer to the evidence in the cases that have been tried. No real harm was done, and as far as thought and intention is concerned we are perfectly innocent. Oh, it is hard to die a disgraceful and ignominious death; to leave our wives, our children, our brothers and sisters and parents without any consolation. Give this matter your most kind and merciful consideration. Give, us that mercy you yourself hope to receive from the Judge of all. We will all take an oath not to fight or do anything against the Confederacy. If this cannot be done at least spare our lives until the war is closed, if we have to remain in prison until that time.

Wilson [W.] Brown, Company F, Twenty-first Ohio Volunteers; William Bensinger, Company G, Twenty-first Ohio Volunteers; Elihu H. Mason, Company K, Twenty-first Ohio Volunteers; John A. Wilson, Company C, Twenty-first Ohio Volunteers; John R. Porter, Company G, Twenty-first Ohio Volunteers; Mark Wood, Company C, Twenty-first Ohio Volunteers; Robert Buffum, Company H, Twenty-first Ohio Volunteers; William Knight, Company E, Twenty-first Ohio Volunteers; William Pittenger, Company G, Second Ohio Volunteers; Daniel A. Dorsey, Company H, Thirty-third Ohio Volunteers; Jacob Parrott, Company K, Thirty-third Ohio Volunteers; William [H.] Reddick, Company B, Thirty-third Ohio Volunteers; M. J. Hawkins, Company A, Thirty-third Ohio Volunteers.

* See Series I, Vol. X, Part I, p. 630 et seq. for Railroad Raid into Georgia.

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ORDNANCE OFFICE, Richmond, June 19, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: I am requested by Maj. M. Lewis Clark, C. S. Army, to bring to your notice the capture of Mr. Broadwell whilst on duty in Missouri recovering lead which had been stored near the lead mines in Missouri, {p.781} and of his son, William H. Clark, both of whom are now at Camp Chase, Ohio, and to ask that means be taken to procure their exchange as early as practicable.

Very respectfully, your obedient servant,

J. GORGAS, Colonel and Chief of Ordnance.

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EXECUTIVE DEPARTMENT, Richmond, June 20, 1862.

Hon. G. W. RANDOLPH, Secretary of War, Richmond, Va.

SIR: Col. Richard Thomas Zarvona applied to me in June, 1861, for service, being a graduate at West Point from Maryland. I extended to him the same courtesies I extended to other gentlemen from the State and authorized him to raise a regiment for the State service. Before he could do this I sent him upon an expedition in conjunction with the War Department, arranged with the Secretary of War, which resulted in the capture of the Saint Nicholas and other vessels. Immediately thereafter he with my approval went upon a mission of great importance, in the attempt to perform which he was captured and has been held in close confinement by the enemy ever since, and from all reports which have reached me has been subjected to cruelty unexampled among civilized nations.

When Zarvona was captured he held a commission of colonel of active volunteers from the State of Virginia, and though I have requested the Confederate Government to interfere in his behalf I have been unable to effect his exchange or produce any amelioration in his condition. Upon my own responsibility I took an occasion to inform Colonel Zarvona that if the threat of Lincoln’s Government to hang him upon the charge of piracy and treason was carried out I would see that two of his grade should hang for him. Captain Alexander, assistant adjutant-general and acting provost-marshal, informs me that the contents of this note were made known to the commandant at Fort McHenry, and in a few days Colonel Zarvona was informed that he would not be hung and his treatment was much ameliorated until after Captain Alexander’s escape. I have caused funds in specie to be supplied for the comfort of Colonel Zarvona, but am unable to say whether he has received any of the benefits thereof.

I earnestly trust that after twelve months’ confinement some steps may be taken to effect his speedy release. No act is better calculated to endear our men to the cause than the earnest, zealous efforts of the Government to relieve our prisoners’ wants and speedily to effect their exchange.

I am, most respectfully, your obedient servant,

JOHN LETCHER.

[Indorsement.]

Inform Governor Letcher that the efforts of the Department to procure a fair exchange of prisoners have been unremitting; that at length it has reason to hope that a cartel of exchange is about to be commenced and from the facts now stated by the Governor will be able to claim the benefit of it for Colonel Zarvona.

G. W. RANDOLPH.

{p.782}

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SPECIAL ORDERS, No. 142.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond June 20, 1862.

...

VII. Col. George C. Gibbs will immediately appoint a quartermaster for the prisoners to call on the commissary at Lynchburg for rations such as are furnished our own soldiers. The commanding officer at Lynchburg will order the commissary at that post to furnish rations on the requisition of Colonel Gibbs’ quartermaster for the prisoners.

...

By command of the Secretary of War:

JNO. WITHERS, Assistant Adjutant-General.

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ABERDEEN, MISS., June 20, 1862.

Hon. GEORGE W. RANDOLPH.

DEAR SIR: I received a few days ago a communication from the Hon. Schuyler Colfax, of Indiana, proposing an exchange on parole of certain prisoners from my district for an equal number from his. I send you herewith the letter and the list of persons from my district for your consideration. I have no recommendation to make in regard to it. I would of course be gratified if an exchange could be effected. If you should determine to act in this matter and make the exchange I desire you will include in the list Lieut. Francis M. Nabers, of the Fourteenth Regiment Mississippi Volunteers.

I have the honor to be, your obedient servant,

REUBEN DAVIS.

[Inclosure.]

HOUSE OF REPRESENTATIVES, Washington, May 14, 1862.

Hon. REUBEN DAVIS, or if absent, Hon. J. P. BENJAMIN.

DEAR SIR: I have stated to friends of your constituents that I had some fifty or sixty of my constituents of the Twentieth Indiana Volunteers captured at Hatteras and now in confinement in South or North Carolina. If on the receipt of this letter these captured Indianians are still unexchanged I am authorized by Secretary Stanton to say that on their discharge on parole an equal number of your constituents from the inclosed list will be similarly released.

Respectfully, yours,

SCHUYLER COLFAX.

[Sub-inclosure.]

List of officers and privates* of Third Mississippi Regiment held as prisoners of war at Camp Douglas, Chicago, Ill.

John C. Turner, first lieutenant; William H. Gwyn, second lieutenant; B. H. Estes, third lieutenant.

* Nominal list of seven non-commissioned officers and fifty-seven privates omitted.

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CONFEDERATE HOSPITAL, Richmond, Va., June 21, 1862.

General G. W. RANDOLPH, Secretary of War.

GENERAL: I most respectfully ask that I may be paroled and sent home. The erysipelas is in the hospital and if it gets in my wound {p.783} death will ensue. Grant my request for God’s, humanity’s and my family’s sake, and that God’s choicest blessings may rest on you and yours will ever be my prayer.

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

STEPHEN A. DODGE, Colonel Eighty-seventh New York Volunteers.

[First indorsement.]

Referred to the Surgeon-General. If this officer’s situation renders a removal to another hospital proper and advisable I wish it done.

G. W. RANDOLPH, Secretary of War.

[Second indorsement.]

Inspector of hospital will examine this officer. I will go with [him] at about 1.30 p.m.

[S. P. MOORE.]

[Third indorsement.]

OFFICE OF INSPECTOR OF HOSPITAL, June 25, 1862.

I have examined this officer and find his wound in a healthy condition. Erysipelas has occurred in several cases in the hospital. He objects, however, to being removed to another hospital, preferring to remain where he is if not paroled.

F. SORREL, Surgeon and Inspector of Hospital.

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PRAIRIE LEA, CALDWELL COUNTY, June 21, 1862.

General S. COOPER, Adjutant and Inspector General.

SIR: By order of Brig. Gen. H. H. Sibley I am authorized to report myself to you a paroled prisoner for exchange. I was wounded in the battle of Valverde on the 21st of February last. I was left at the hospital at the town of Socorro and put upon hospital parole by the Federals about the 14th of April, together with all the hospital. About the 21st of April I was taken prisoner and (as you will see per date of parole) put on general parole on the 23d of April:

FORT CRAIG, N. MEX., April 23, 1862.

I, N. D. Cartwright, lieutenant of Company A of the First Regiment, Sibley’s brigade, Confederate Army, do solemnly swear that I will not bear arms against the Government of the United States or in any other manner, either directly or indirectly, serve against the Government unless duly exchanged or otherwise released by proper authority from the obligations of this parole: So help me God.

N. D. CARTWRIGHT, Brevet Second Lieutenant, Company A, First Regiment, Sibley’s Brigade.

I hereby certify that the foregoing is a correct statement of the facts concerning my imprisonment and parole. Also the part in brackets on the reverse side hereof a correct copy of the parole taken by me and signed as above indicated.

N. D. CARTWRIGHT, Bvt. Second Lieut., Company A, First Regt., Sibley’s Brigade.

P. S.-SIR: [Will] you please attend to the above business with as much dispatch as possible as I am anxious to rejoin my company and avenge a wrong done to our brigade that none but our present enemies would have stooped to?

Yours, fraternally,

N. D. CART WRIGHT.

{p.784}

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GENERAL ORDERS, No. 71.}

HDQRS. DEPT. OF NORTHERN VIRGINIA, June 22, 1862.

...

III. By arrangement with the enemy medical officers of either side will be regarded as non-combatants and free from capture when engaged in attending the sick or wounded.

...

By command of General Lee:

R. H. CHILTON, Assistant Adjutant-General.

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HEADQUARTERS, Chaffin’s Farm, June 22, 1862.

Hon. GEORGE W. RANDOLPH, Secretary of War:

SIR: I beg leave, at the risk of seeming importunate, to press upon your consideration a class of cases for special exchange, to wit, the officers and men, and officers, if not men, of the war companies on parole. The late General Orders, No. 44, that twelve-months’ companies at the expiration of their terms will be dropped and the commissions of these officers expire, leaves the war officers in a position of comparative hardship. They cannot serve the States and cannot look out for themselves in private occupation. Of this class are Captain Wallace, of the Fifty-ninth, and Lieutenant Carter, of the Forty-sixth Regiment Virginia Volunteers, and others. Captain Wallace will present you this and thinks if exchanged he can raise his company to 125. Lieutenant Carter’s company, the Richmond Blues, paroled and in the field, now exceeds 100. I hope you will pardon my anxiety to get back my tried and seasoned men.

Very respectfully, your obedient servant,

HENRY A. WISE, Brigadier-General.

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LYNCHBURG, VA., June 23, 1862.

Hon. GEORGE W. RANDOLPH, Secretary of War.

SIR: I have the honor to inclose herewith an extract* from the Hannibal (Mo.) Herald of the 10th instant, in which it will be perceived that Col. John L. Owen, of the Second Division, Missouri State Guard, who was an officer duly commissioned in accordance with the laws of the State of Missouri, and recently under my command, was recently captured near his late residence by the enemy, and although he demanded to be treated as a prisoner of war, according to the rules of civilized warfare, it was unhesitatingly refused him, and he was summarily executed without the form or pretense of trial.

I have therefore to invite your attention to this subject again. The Confederate States now have as prisoners of war several colonels and officers of lower grade from the State of Missouri: These prisoners are treated with every leniency and consideration, whilst officers of like grade captured by the enemy, who have large families, estates and influence at home, such as Colonel Owen, are inhumanly murdered. Cannot some retaliatory measures be instituted which will afford some equality, if not protection, to the loyal men of Missouri?

{p.785}

I have also to request a reply to my communication** of the 10th instant at your earliest convenience, as I have quite a number of applications and inquiries to answer from constituents.

I have the honor to be, &c., your obedient servant,

THOS. A. HARRIS.

P. S.-Address to Lynchburg, Va.

* See p. 134.

** See Vol. III, this Series, p. 596.

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HEADQUARTERS HUGER’S DIVISION, June 23, 1862.

General R. E. LEE, Commanding.

GENERAL: I inclose you a letter, which no doubt is from General John E. Wool, dated 13th instant,* but he has omitted to sign it, and with it a copy of his letter** to me of 1st of June, at which time, supposing I was at Petersburg, he forwarded a number of our privateersmen to be exchanged. As I had left Petersburg I never received this letter and any arrangement made was done by others.

As I am now out of position to attend to these matters I beg to refer these letters through you to the War Department for its action.

Very respectfully, your most obedient servant,

BENJ. HUGER, Major-General.

* Not found.

** See Vol. III, this Series, p. 615.

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HEADQUARTERS CAMP BEE, Near San Antonio, Tex., June 23, 1862.

Maj. E. F. GRAY, Acting Assistant Adjutant-General, Headquarters Sub-Military Dist. of the Rio Grande, San Antonio, Tex.

MAJOR: I have the honor to report for the information of the brigadier-general commanding the district that agreeably to Special Orders, No. 242, I broke up my camp at this place on the morning of the 28th of May ultimo and took up the line of march for Gillespie County. I reached Fredericksburg, the county site, on the morning of the 30th, and immediately proclaimed martial law as existing within the limits of the county, and in Precinct No. 5 of Kerr County, giving six days to enable the citizens to report to the provost-marshal and take the oath of allegiance. I found the people shy and timid. I visited with a part of my company several of the settlements and explained to the people the object of our visit to their county. In a few days they displayed much more confidence in us, and in a corresponding ratio more desire to serve the Government.

At first I found it impossible to obtain forage for the horses of my company from the fact that the people who were favorable to the Confederate States Government had sold, whilst those who still had corn would not sell for paper money. I therefore directed Lieutenant Lilly to wait on Mr. F. Lochte, a wealthy merchant of the place who had bought largely the produce of the country, and who would not sell for paper currency, and inform him that I required fifty bushels of corn. After some little hesitation he agreed to furnish it. After this I had no difficulty in getting forage and all other necessary supplies.

On the night of the 3d instant I received an order from the adjutant-general’s office to cause the arrest of certain citizens of Medina County, {p.786} and to endeavor to break up the chain of communication between the disaffected by private express. As to my action under this order I refer to my report dated the - instant.

On my return to Fredericksburg I found beyond doubt that the few citizens of the place who were friendly to this Government did not possess moral courage enough to give information to the provost-marshal of the sayings and doings of those who are unfriendly, and upon consultation with Lieutenant Sweet I determined to summon them to meet him and myself. They obeyed the order and made affidavits in regard to certain citizens of the county, viz: Sheriff Branbach, Captain Keuchler (State troops), F. W. Dobbler, a grocery keeper, and Mr. F. Lochte, merchant. The affidavits made were sufficient basis on which to warrant the arrest of these men. I detached parties for this purpose and succeeded in arresting Mr. Dobbler. The others had all left the town. Branbach was afterwards arrested in Austin by Corporal Newton, of my company, and Mr. Lochte at Fredericksburg by Lieutenant Lilly, when he thought my company sufficiently distant to insure his safety. Captain Keuchler I did not succeed in arresting. He was the only one of the four who had not taken the oath of allegiance. These men are all inimical to our country and possess a vast amount of influence among the laboring and agricultural classes. Lochte, Dobbler and Branbach are now in the guard-house at San Antonio and their absence from Gillespie County will tend more to make the people of that county united in favor of our Government than anything else.

In connection with this subject I may be allowed to suggest that steps should be taken to arrest Captain Keuchler. He is a man of great influence; a German enthusiast in politics and a dangerous man in the community.

In Kerr County there are a few men who are bitterly opposed to our Government. These men are headed by an old man by the name of Nelson. I took care that he and his party should be notified in good time to report to the provost-marshal. This they failed to do and Nelson sent me a defiant message. I then sent a detachment of State troops kindly placed at my disposal to arrest him, but he had taken to the cedar brakes and escaped.

The most of the inhabitants of that county are frontiersmen. Some of them, if not all, renegades from justice from other States, and men who will not fail to injure a political or personal enemy whenever an opportunity offers. A party of them burned the entire fences of an old man because his sons had gone to the war and because he was a good Southerner.

On the 11th instant I moved my company from Gillespie County to Blanco County and declared martial law in existence there. Here I found the great majority of the people friendly, enthusiastically so, to the Confederate States Government. I ascertained, how ever, that there exists a small clique who are bitterly opposed to our cause in the eastern part of the county bordering on Travis. The names of the leaders of this party are Prescott, King, Howell, and two brothers, or father and son, by the name of Snow. Information reached me which led to the conviction that these men, or a majority of them, with some of the rabble, had gone to Fredericksburg armed and equipped to endeavor to raise a party to fight my command, but on arriving at Fredericksburg they found that they could do nothing so returned home, and through one of their understrappers, a man by the name of Eaton, endeavored to create a feeling in the community against my company by manufacturing and circulating the basest falsehoods in regard to it. This Eaton acknowledged {p.787} to me to have done, but the fellow was evidently so worthless that I took no steps in the matter. On the return of their party from Fredericksburg, Mr. King, one of their number, immediately started for Austin, where it is generally supposed by the citizens of Blanco the headquarters of the traitorous clique exists. A few days afterwards General Jack Hamilton was in that section of country, and although I have no positive evidence to that effect I have every reason to believe that King was dispatched by his party to report to Hamilton the state of affairs in the upper country, and that in consequence of the information thus conveyed he repaired to the disaffected settlements to attempt in them the creation of a military organization. I have undoubted information that strangers in large numbers have been gathering within the last few weeks at Guy Hamilton’s ranch in Travis, near the Blanco County line. As many as twelve have passed Captain Cleveland’s house in two or three days, all inquiring the way to Hamilton’s.

I am assured by the best citizens of Blanco that the disaffected of Kerr, Gillespie, Llano, Travis, Blanco and neighboring counties are organizing and that the rendezvous of the party is at or near Hamilton’s ranch.

On the 18th instant I broke up camp at Blanco City and moved my command to Kendall County. On the evening of the 19th I made camp near Boerne. Here I caused the arrest of Julius Schlicum, a merchant, who has been bitterly opposed to us and who I have reason to believe took an active part in forwarding expresses and information to Federal prisoners at Camp Verde and the disaffected citizens of his own and adjoining counties. He has been almost always in possession of news from the seat of war at least two days in advance of the mail. He controls from 100 to 150 votes in Kendall County. Mr. Schlicum is now a prisoner in the guard-house at San Antonio.

On the morning of the 20th instant I received Special Orders, No. 299, directing me to repair with my company without delay to San Antonio. On the same day I took up the line of march for this place where I arrived on the 21st instant at noon.

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

JAMES DUFF, Captain, Commanding Company of Texas Partisan Dragoons.

–––

LYNCHBURG, VA., June 24, 1862.

Hon. GEORGE W. RANDOLPH, Secretary of War.

DEAR SIR: If you will pardon the intrusion of a suggestion I will without further ado proceed to make it. I have visited in person the breach in the canal about a mile above this city. It is a mere crevasse and could be repaired in twenty-four or forty-eight hours with proper force. The want of sufficient force I learn is the cause of the delay in making this important repair. I learn that provisions are daily lessened in the supply in Richmond. The completion of the canal and putting it in working order may become a military necessity. The 2,000 or 3,000 Yankee prisoners at this point could in forty-eight hours put the canal in operating condition. My suggestion is that they be put to the work. Many would volunteer at 15 or 30 cents per day. In Missouri prisoners are put to work on intrenchments, &c., without respect to persons.

Believing that you will take the suggestion in the spirit it is intended,

I am, truly, yours,

THOS. A. HARRIS.

{p.788}

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, June 24, 1862.

Hon. G. W. RANDOLPH, Secretary of War, Richmond, Va.:

Has any arrangement been made between the two Governments for exchange of prisoners of war? If so what are the terms of the cartel?

E. KIRBY SMITH, Major-General, Commanding.

–––

BALTIMORE, June 24, 1862.

Hon. G. W. RANDOLPH, Secretary of War, Richmond, Va.

SIR: I have the honor to state that upon my arrival at this place yesterday I called upon Major-General Wool and showed to him your communication to myself with reference to an exchange and in which you authorized me to state to him that if he will name an officer and appoint a time and place of meeting you will do the same. The officers so appointed to be empowered by their respective Governments to agree upon a cartel for a general exchange of all prisoners of war. I also showed to him your memorandum and endeavored to explain to him the misunderstanding between yourself and him. I also left for his perusal the printed document which you furnished to me. I inclose herewith a memorandum from him in which he expresses himself ready to agree to the cartel of 1812-1815, but declined verbally to send an officer as you proposed, stating that he could not do so without consulting his Government. He thinks that a plain and definite proposal should come from you to him, stating exactly what the Confederate States are willing to agree to. He requested me to write to you, declining to write himself, as no communication was sent to him directly from you. I would respectfully suggest that a cartel be agreed to and signed by you and forwarded for the acceptance of the Secretary of War of the United States. General Wool informed me that the notification of the release of Wood for Patton had been received by him.

I am, sir, very respectfully,

G. B. COSBY, Major, C. S. Army.

[Inclosure.]

HEADQUARTERS, Baltimore, June 24, 1862.

Major-General Wool would inform Major Cosby that he has ever been ready to exchange all prisoners of war, according to the cartel agreed upon in the war of 1812-1815 between the United States and Great Britain and as set forth in the letter of Major-General Huger on the 3d of May last, when General Wool sent the privateersmen to be paroled or exchanged for the prisoners of war called hostages. Lest there should be any hesitation on the subject of parole he sent the cartel with Lieutenant-Colonel Whipple to make the exchanges as indicated in that instrument.

–––

SPECIAL ORDERS, No. 145.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, June 24, 1862.

...

VII. Capt. John M. Galt, commanding, &c., at Lynchburg, Va., will stop for the present the shipment of flour, corn and bacon and cattle {p.789} from Lynchburg and impress so much as may be necessary for the subsistence of troops and prisoners of war, paying the owners in certificates of the impressment or paying market prices.

...

By command of the Secretary of War:

JNO. WITHERS, Assistant Adjutant-General.

–––

ROCKY MOUNT, N. C., June 24, 1862.

Hon. G. W. RANDOLPH, Secretary of War, Richmond, Va.

SIR: Pardon me for again calling your attention to the case of my son, Lieut. William Biggs, who is one of the Hatteras prisoners on parole. The peculiar circumstances of his case is my apology for intruding upon your time and attention. Since he was paroled his company has organized for the war (it originally being a twelve-months’ company) and he was elected first lieutenant. Upon the organization of the regiment (the Seventeenth North Carolina, Colonel Martin), now in camp between Goldsborough and New Berne, the captain of his company (Captain Lamb) has been elected lieutenant-colonel, by which my son becomes captain, but he cannot act until he is exchanged. The officers and men are very anxious to retain him and he is very desirous to remain with the company with whom he has been associated since 1st May, 1861, in battle and in prison. From some recent paragraphs in the newspapers we have indulged the hope that partial exchanges are being made with some expectation of a general exchange. My son’s company needs his services now and I have advised him that it is due to the company that he should abandon his position rather than cripple the company by holding on. He has tendered his resignation but it is declined for the present with a hope that in the next ten days the exchange may be effected. I know the difficulty of doing anything on such a subject while a battle is expected every day in the neighborhood of Richmond, but I understand flags of truce occasionally pass to negotiate about exchanges. I hope you will excuse this letter and the request I now make, that you would inform me whether there is any probability that my son can be exchanged soon.

With high regard, I am, your obedient servant,

ASA BIGGS.

–––

GENERAL ORDERS, No. 45.}

WAR DEPARTMENT, ADJT. AND INSP. GENERAL’S OFFICE, Richmond, June 26, 1862.

...

II. Medical officers taken prisoners of war by the armies of the Confederate States will be immediately and unconditionally discharged.

III. The Government of the United States having recognized the principle that medical officers should not be held as prisoners of war, and having ordered the immediate and unconditional release of all medical officers now on parole so held, all medical officers of the Confederate States now on parole are hereby discharged from their parole.

...

By command of the Secretary of War:

S. COOPER, Adjutant and Inspector General.

{p.790}

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, June 27, 1862.

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

GENERAL: I send to Richmond to-day upon parole Maj. W. A. Coffey, First Kentucky Cavalry, a prisoner captured some time since by Col. J. H. Morgan and paroled by him as a prisoner of war. Major Coffey repaired to Washington and endeavored to effect his exchange, but failing returned and delivered himself up to Colonel Morgan. He has been in this city for some time past and had too much opportunity for informing himself about the affairs of this military department and the temper of the citizens for him to be prudently exchanged at this time. It is just to add that Major Coffey bears a very high character as a gentleman and soldier, and it is with regret that I am constrained to request that any arrangement for his exchange be for the present postponed.

I am, general, your obedient servant,

E. KIRBY SMITH, Major-General, Commanding.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, June 27, 1862.

Brig. Gen. D. LEADBETTER, Commanding, &c., Chattanooga, Tenn.

GENERAL: Maj. W. A. Coffey, a prisoner of war upon parole, having been to day sent on to Richmond, Va., the major-general commanding directs that you permit Thomas Douglas (who brought Major Coffey from Columbia, Tenn., to Chattanooga) to go upon his return home with his carriage and horses beyond our lines. He will return the same route by which he came, and will be first sworn to make no communication to the enemy involving the welfare of the Confederacy, and particularly to give them no intelligence of the character, number and disposition of our troops. You will also deliver to him the accompanying bundle of letters, all of which are unsealed, with a written statement that they were received by Major Coffey under the impression he would very soon be sent upon parole beyond our lines, and that nearly all of them were examined by him; and further that Major Coffey requests the officer who may receive them to forward them to their respective destinations.

Very respectfully, your obedient servant,

H. L. CLAY, Assistant Adjutant-General.

–––

HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, June 27, 1862.

Maj. W. A. COFFEY, First Kentucky Cavalry, U. S. Army.

MAJOR: The major-general commanding this military department directs that as a prisoner of war upon parole you proceed immediately to Richmond, Va. Upon arrival at that place you will report in person to General S. Cooper, Adjutant and Inspector General C. S. Army, and await his orders.

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

H. L. CLAY, Assistant Adjutant-General.

{p.791}

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SALT POND, GILES COUNTY, VA., June 27, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: On the 29th of January last I was paroled by Brigadier-General Rosecrans for exchange as a prisoner of war. The nature of parole will fully appear by reference to a letter addressed to yourself by Colonel Willey and myself about the 27th of March last. At that time negotiations for exchange of prisoners of war were suspended. On the 31st of March you addressed a letter to me informing me that the President would not consent to my return to captivity according to the terms of my parole, for reasons therein stated. On the 14th of May I called again at your office and was then informed that I had not yet been exchanged, but that negotiations were again opened and it was thought a system of exchange would be agreed upon very soon. My parole and the letter aforesaid is in your office and you will see that my parole was limited. I am doing nothing for the good of my country while in my present condition. If the reason for my compulsory detention has ceased to exist I want to be exchanged or to receive passports to return to my captors in conformity to the terms of my parole. The individual designated in my parole to be returned for me was Lieutenant-Colonel Neff; of the Second Kentucky Regiment.

I am now in the vicinity of the force with which I was acting nearly twelve months since when captured. I hope to be able to render some service, and if any regard is paid to the date of capture in exchanging prisoners let me have the benefit of that preference. If I can receive a certificate of exchange according to my parole or a passport for return to my captors be pleased to forward it to me at Giles Court-House, Va., care of Col. Peter C. Buffington. My condition is extremely embarrassing to me and I beg of the Department to act in my behalf.

Yours, most respectfully,

MILTON J. FERGUSON.

[First indorsement.]

I wish to see his letter of March 27.

[G. W. R.]

[Second indorsement.]

The file room cannot find anything except the inclosures. I find letter written to Mr. F. telling him that he could not be exchanged until the enemy should make due return for men already released and that General Wool would be informed of the fact and reasons for the compulsory detention.

[MCG.]

[Third indorsement.]

Inform him that the enemy have agreed to a general exchange and that communications were interrupted by the recent operations before Richmond.

G. W. R.

[Inclosure No. 1.]

HOUSE OF REPRESENTATIVES, March 26, 1862.

Honorable SECRETARY OF WAR.

SIR: You can place the most implicit confidence in the inclosed statement* of Colonels Willey and Ferguson and Private Spurlock. I know them well. The two latter are my constituents. I am myself personally cognizant of nearly everything stated by these three gentlemen.

{p.792}

Allow me to beg the most speedy action in this matter. You kindly promised this morning to call the attention of the President to the case. Your predecessor sent a communication to our body containing a suggestion that Congress should pass a resolution declaring our officers now here on parole from the enemy released therefrom. I do not see much prospect of proper and timely relief in this quarter.

In great haste, yours, respectfully,

A. G. JENKINS.

[Indorsement.]

Inform Mr. Jenkins of letter to Messrs. Willey, &c., and its purport.

[G. W. R.]

* Not found.

[Inclosure No. 2.]

RICHMOND, VA., March 28, 1862.

Hon. G. W. RANDOLPH, Secretary of War, Richmond, Va.:

On the 26th instant the Secretary of War asked of us to submit to him a written statement of our cases as paroled prisoners, which we did. We now solicit a prompt decision that we either return to our captors or that we are exchanged, and if we return to our captors that our passports be furnished us.

Respectfully,

WILLIAM J. WILLEY. MILTON J. FERGUSON. HURSTON SPURLOCK.

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BALTIMORE, June 28, 1862.

Hon. SECRETARY OF WAR OF THE CONFEDERATE STATES.

DEAR SIR: On to-day I called upon Major-General Wool. I showed him the letter you addressed to me stating the reasons why no more special exchanges would be made. He says that he has been and is now in favor of and authorized to make a general exchange. That he is willing to make a general exchange by the cartel adopted between the United States and Great Britain in the war of 1812, or he is willing to make a new cartel. That when he sent the privateersmen up to City Point he sent with the officer who had them in charge that cartel, i.e., the one adopted between himself and General Cobb. That he has had no answer from our Government on the subject. Further, he says that he cannot write to your Department, in answer to a letter directed to me or any third party. That inasmuch as his letters have not been answered he thinks the initiative ought to come from you and that he is ready to respond to any proposition made to him by you for a general exchange and parole of prisoners of war.

Respectfully,

H. H. ROBERTSON.

P. S.-My destination is Fort Delaware. I start by first boat.

H. H. R.

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WAR DEPARTMENT, Richmond, June 29, 1862.

General R. E. LEE, Commanding Department of Northern Virginia.

GENERAL: When you send a flag of truce again there are two matters which I wish you to bring to the notice of the general in command of the U. S. forces for the consideration of his Government.

{p.793}

We have seen in the Northern papers that Mr. William B. Mumford, of New Orleans, and Col. John L. Owen, of the Missouri State Guard, have been executed by the U. S. authorities-Mr. Mumford for having pulled down the U. S. flag in New Orleans, and Colonel Owen upon the charge of bridge burning in Missouri. The former was hung, the latter was shot.

We are informed that Mr. Mumford pulled the flag down when the enemy were not yet in possession of the city, but had merely anchored their vessels before it and had made a demand for a surrender which had not been complied with. A party landed, hoisted the flag and retired. The city was not in their possession nor subject to their jurisdiction.

Under such circumstances the execution of Mr. Mumford was the murder of one of our citizens. I inclose* the account of his execution from the New Orleans Delta.

We are informed that Colonel Owen was shot without trial. Such is the account given in the Missouri papers, as you will perceive from the inclosed** slip containing an extract from the Hannibal [Mo.] Herald. He was a duly commissioned officer of the Second Division of the Missouri State Guard.

We have executed private individuals for burning bridges and persons in military service for coming disguised within our lines to destroy railroads, but we have given them fair trials. If Colonel Owen entered the enemy’s lines in disguise and burnt bridges, we could not consistently deny their right to try and punish him, but an execution without trial is not justifiable under any circumstances, and if he acted in obedience to orders and without entering the lines of the enemy in disguise his execution is a palpable murder committed by a U. S. officer.

Supposing Mr. Mumford, a citizen of the Confederate States, to have been executed for an insult to the U. S. flag hoisted in a city not in their possession, and Colonel Owen to have been executed without trial, we deem it our duty to call on the authorities of the United States for a statement of the facts, inasmuch as we do not intend to permit outrage of that character to be perpetrated without retaliation.

Very respectfully, your obedient servant,

GEO. W. RANDOLPH, Secretary of War.

* See page 135.

** See page 134.

–––

WAR DEPARTMENT, Richmond, June 29, 1862.

Hon. T. A. HARRIS, Lynchburg, Va.

SIR: I have the honor to acknowledge the receipt of your letter of the 23d instant and to inform you that in consequence of the information in your letter of the 10th instant I directed General Lovell to inform the United States Government through General Butler of our intention to retaliate in case members of the State Guard of Missouri were executed under circumstances not justified by the laws of civil warfare. We ourselves have exercised the right of hanging persons not in military service who burned bridges, and we have hung persons in military service who entered our lines disguised for the purpose of destroying a railroad. We cannot therefore retaliate without accurate knowledge of the facts of the case.

I directed General Lovell to inform General Butler that we claimed the right of fair trial in such cases and that we reserved the right to {p.794} determine whether such trial had been allowed. I will make the same communication here and call special attention to the case of Colonel Owen.

I submitted your views in reference to the guerrilla war said to be going on in Missouri to the President and informed him that you desired an expression of opinion from the Government on the policy of such warfare. He is inclined to agree with you in opinion, but does not consider himself sufficiently informed of the state of things in Missouri to express an opinion upon the matter. Generals Magruder and Price will soon repair to the Trans-Mississippi Department, and we hope that a system of regular warfare will soon be initiated which will render a guerrilla war unnecessary.

Very respectfully, your obedient servant,

GEO. W. RANDOLPH, Secretary of War.

–––

RICHMOND, June 29, 1862.

GEORGE W. RANDOLPH, Secretary of War, Richmond

DEAR SIR: Release on parole the men and keep the officers here or at Salisbury, N. C. I have had many chances to observe these people and find the officers bitter. The privates to a man say: “Let us go and we will never fight again.” God bless you.

Your old friend,

W. W. GILMER.

[Indorsement.]

Inform that the Department was engaged in doing so when the recent operations commenced and had sent off about 2,000 privates and noncommissioned officers.

[G. W. H.]

–––

HEADQUARTERS, [DEPARTMENT No. 2,] June 30, 1862.

Col. P. B. STARKE, Commanding, Jackson, Miss.

COLONEL: You may inform Captain Nase (Federal prisoner of war) that the general commanding has made repeated efforts to induce the Federal authorities to recognize and square their conduct with the usages of war in relation to prisoners of war, but General Halleck has failed to reply to the efforts made to ameliorate the condition of prisoners and has violated in effect his own voluntary promises, hence the general at present does not feel authorized to parole Captain Nase, but will propose his exchange at an early day for Capt. M. T. Polk, one of our wounded officers in possession of the enemy at -.

Respectfully, your obedient servant,

THOMAS JORDAN, Chief of Staff.

–––

NEAR ASHLAND, June 30, 1862.

Hon. G. W. RANDOLPH.

MY DEAR SIR: By this mail I send you officially a notification of the facts that on the 29th ultimo I was captured by a party sent for that purpose by General Emory to my father’s where I was too ill to get out of the way. I add this private note to beg your good offices in getting me released as soon as practicable from my parole not to bear {p.795} arms against the United States until exchanged. Robertson’s promotion makes me particularly anxious to be enabled to rejoin the regiment, which sadly needs my care. I feel confident that both for my sake and the sake of the service you will do what you can for me.

Yours, truly,

WMS. C. WICKHAM.

–––

NEAR ASHLAND, June 30, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: I beg leave to call your attention to the fact that on the 29th of May (I being at that time lieutenant-colonel of the Fourth Virginia Cavalry), being at my father’s wounded and in a state of health in which my surgeon told me my life would be endangered by any attempt at removal, I was by order of General Emory, of the U. S. Army, put upon my parole not to bear arms until exchanged. I find myself now so far better that I think I could join my regiment in a few days could I procure the release from my parole. I am very desirous to do so and there are reasons why I should be as soon as practicable with the regiment. I hope therefore that I may look forward to an early exchange.

I our obedient servant,

WMS. C. WICKHAM, Colonel Fourth Virginia Cavalry.

–––

GENERAL ORDERS, No. 46.}

WAR DEPARTMENT, ADJT. AND INSP. GENERAL’S OFFICE, Richmond, July 1, 1862.

...

II. Paragraph IV, General Orders, No. 44, current series, is hereby rescinded and the following paragraph is substituted in lieu thereof:

Persons under eighteen and over thirty-five years of age who have re-enlisted for three years or the war are not entitled to their discharge under the conscript act. Persons of the ages above mentioned who enlisted for twelve months or for a shorter term will be entitled to their discharge ninety days after the expiration of their term of service.

III. All chaplains taken prisoners of war by the armies of the Confederate States while engaged in the discharge of their proper duties will be immediately and unconditionally released.

By command of the Secretary of War:

S. COOPER, Adjutant and Inspector General.

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HEADQUARTERS ARMY OF NORTHERN VIRGINIA, July -, 1862.

Maj. Gen. D. H. Hill, Commanding Division.

GENERAL: I find on inquiry that there will be some difficulty in delivering the released prisoners at City Point. It will be best to march them down by the Varina road (a branch of the New Market road) to A. M. Aiken’s, a point on the river below Dutch Gap, where they can be received by their own boats.

Very respectfully, your obedient servant,

R. E. LEE, General.

{p.796}

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MILITARY PRISON, Alton, Ill., [July 1, (?)] 1862.

General S. PRICE, Commanding First Division, Western Department, C. S. Army.

DEAR GENERAL: We, the undersigned, members of the C. S. military corps and citizens of the Confederate States of America, respectfully ask through our Government to immediately consider separately and collectively our situations as prisoners of war, now held as criminals by the United States Government and incarcerated in the Alton Penitentiary for executing the orders of the Confederate Government as directed by her commissioned officers. Our treatment by the Federal authorities is and has been of such a nature that we deem it absolutely necessary to appeal to our Government to throw around us her safeguard and relieve us from the horrors of a long imprisonment and the execution of our sentences. Subjected to great indignity, basely insulted by fiendish outlaws, tortured by threats of death and punished with a felon’s decree, by being shut up in a cell day and night for boldly assisting the Government we love in resisting the encroachments of a bloodthirsty mobocracy-after undergoing this fiery ordeal we firmly believe we merit from the Confederate States Government her fullest protection and that cognizance should be taken of our cases at the earliest possible moment. With the earnestness of much-wronged citizens and soldiers we append to this the names* of-

ABSALOM HICKS, Captain. JOHN C. TOMPKINS. JAMES W. BARNES. JAS. P. SNEDICOR, Captain Recruits. T. M. SMITH. A. R. TOMPKINS, Lieutenant. GEORGE H. CUNNINGHAM. R. B. CROWDER. MATTHEW THOMPSON, Captain Recruits. HENRY V. WILLING, Lieutenant OWEN C. HICKAM. THOS. S. FOSTER, Surgeon in Harris’ Division, Missouri State Guard. JOHN W. OWEN, Recruit. JAMES STOUT. WILLIAM J. FORSHEY. JOHN PATTON.

* For the trial and conviction of all these men as guerrillas, &c., see Vol. I, this Series, p. 282 et seq.

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FREDERICKSBURG, July 2, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: The undersigned, citizens of Fredericksburg, have obtained information that Brigadier-General Reynolds, of the U. S. Army, is among the prisoners of war captured by our forces in the recent glorious {p.797} success of our army before Richmond. We deem it a simple act of justice to General Reynolds to state for the information of our Government that for a portion of the time during which Fredericksburg has been occupied by the U. S. forces General Reynolds was the military commandant here. In discharging his functions as such the citizens and civil authorities of the town were necessarily brought into personal intercourse with him touching matters involving the rights of private property and the domestic order and peace of the town. We feel called upon to testify that General Reynolds exhibited in a marked and efficient manner a desire and determination so to conduct his military command here as to conserve and protect as far as practicable the personal rights and domestic comfort of the citizens, and thus to mitigate, so far as his action could avail, the evils and annoyances which are incident to such an occupation. Your own military experience will readily suggest to you how materially such conduct as this on the part of a commanding officer could avail in saving our citizens from the countless ills which an unbridled and licentious soldiery might inflict on a helpless population; and while, sir, neither this kindness and consideration nor any other act or line of conduct pursued by the military authority now occupying our homes can avail in the slightest degree in modifying our sentiments touching the heinousness of our invasion or our devotion to our beloved cause and Government, yet we do feel that inasmuch as when we were prisoners in the hands of General Reynolds we received from him a treatment distinguished by a marked and considerate respect for our opinions and feelings, it becomes us to use our feeble influence in invoking for him, now a prisoner of our Government, a treatment as kind and considerate as was extended by him to us. We would therefore hope that he might be placed upon parole. We are aware that there are grave considerations of public policy and duty which may enter into this question and which may restrain and hinder our Government from consulting its feelings and instincts in determining such a matter. Certainly we are far from desiring that any measures of leniency should prevail in particular instances toward Federal captives if it weakens in any degree the power of our Government to demand and secure the comfort and rights of our own brave men now captives in Federal hands.

With great respect, &c.,

M. SLAUGHTER, Mayor. [And 26 others.]

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SPECIAL ORDERS, No. 153.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, July 3, 1862.

...

XIV. Drill-master C. C. Trabue is relieved from duty at Camp Lee and will report to General John H. Winder, commanding, &c., for duty at the C. S. military prisons in this city.

...

By command of the Secretary of War:

JNO. WITHERS, Assistant Adjutant-General.

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HEADQUARTERS, Doctor Poindexter’s House, July 3, 1862.

Hon. G. W. RANDOLPH, Secretary of War, Richmond.

SIR: The number of prisoners taken during the last week make it necessary that some provision be made both for their security and {p.798} maintenance. It would be a great relief to us if we could arrange a general exchange under the authority which General Wool reports is vested in him, and I recommend that General Cobb be appointed on our part with full power to make the arrangement.

I have the honor to be, your obedient servant,

R. E. LEE, General.

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BATTLE-FIELD, Crew’s Farm, July 3, 1862.

Maj. R. G. COLE, Assistant Commissary of Subsistence, C. S. Army.

MAJOR: I am instructed by General Lee to give you sash information as will enable you to issue the special supplies requisite for the Federal sick and wounded within our lines. There are 400 at Mrs. Watts’ house, near Gaines’ Mill. These are entirely unprovided for and will need a full supply. This place is most accessible from some point on the York River Railroad, at or near Savage Depot, being distant therefrom about three miles. About 3,000 are at Savage Depot, on the York River Railroad. These were provided to some extent with hard bread, prepared vegetables, coffee, &c., but are without meat of any kind. There are 500 in the vicinity of the battle-field of Monday, June 30, 1862, immediately on the Charles City road. These are entirely without subsistence. One thousand more will be found just beyond the battle-field of Tuesday evening, July 1, at Pitts’ house, and at another house near by. I would respectfully suggest that an intelligent agent be sent with each supply that there may be no mistake in the distribution.

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

L. GUILD, Surg., C. S. Army, Med. Director, Dept. of Northern Virginia.

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CREW’S HOUSE, VA., July 3, 1862.

General R. E. LEE, Commander in-Chief C. S. Army.

SIR: I am left here by order of General McClellan to look after the welfare of the sick and wounded, and since there are numbers of them placed in temporary hospitals extending from Gaines’ house to this place, an area of twelve to fifteen miles, and inasmuch as it is impossible for me to oversee and insure proper attention as to medication, nursing, and food, I would therefore propose that some suitable arrangement be made either for condensing them at Savage Station, that these ends might be attained, or, what would be still more agreeable to the demands on humanity, viz, the unconditional parole of these sufferers. From what I have seen and know of you and your ideas of humanity I feel assured that this application will meet with favor, even if the Federal Government does not recognize the principle of mutual exchange of prisoners. I trust that this rule ought not to be extended to the unfortunate sick and wounded. The real prisoners of war should be treated as belligerents, while humanity shudders at the idea of placing the wounded on the same footing. Your surgeons have performed miracles in the way of kind attention both to us surgeons as well as the wounded. If this proposition does not meet with favor I will, with your approbation, communicate with the Federal Government that some basis of transfer may be arrived at. The majority, in fact {p.799} all of the medical directors in your army with whom I have conferred, fully agree with me as to the humanity of carrying out this proposition.

Hoping to hear from you soon, I remain,

Very respectfully, &c.,

JOHN SWINBURNE, Acting Surgeon in Charge of the Sick.

P. S.-My object of asking an immediate and unconditional parole is that time should be saved and that the sufferers should be relieved more speedily, and as in the case of the surgeons’ parole, which I believe was inaugurated by General Jackson, of your army, and advised by Doctor McGuire, so in this I feel assured that my Government could not fail to reciprocate the attention and favor.

I am, &c.,

J. S.

[Indorsement.]

HEADQUARTERS, July 4, 1862.

Respectfully referred to the honorable Secretary of War. I will give directions for the sick prisoners to be concentrated at Savage Station convenient to the York River Railroad. I am willing and recommend that the sick and wounded be released on parole not to bear arms, &c., till regularly exchanged, but am not able now to carry out the arrangement.

R. E. LEE, General.

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SPRING HILL, near Marietta, [Ga.,] July 3, 1862.

Hon. ALEXANDER H. STEPHENS, Vice-President Confederate States of America.

DEAR SIR: The liberty I take in addressing you is only justified from the circumstances that urge me in doing so. My son, Maj. Henry Myers, late paymaster in the U. S. Navy, was one of the first officers to resign and tender his services to Georgia, his native State, as soon as she seceded or even before that event. When the Confederate Government was organized he received the same office he had heretofore held and in a very short time after was ordered to the Sumter, which he joined and was on board of her during her whole cruise. While at Cadiz he heard that a friend of his was ill at Tangier. He passed over to attend him. He had landed but a short time when the U. S. consul with an armed force seized him, put him in irons on board of the U. S. ship Ino, and in that degrading condition sent him to Fort Warren, where he is now a prisoner.

The Government of Morocco protested against this violation of her territory and being compelled to furnish an armed force, but the U. S. consul alarmed that weak power by declaring he would strike his flag and bombard the city. She was then alarmed into a compliance with the demand. The British subjects residing in Tangier, indignant at the outrage and the barbarous treatment of my son, addressed a memorial to Parliament which was presented by Mr. Layard, under secretary of state. It was postponed for the time being, as Mr. Layard observed that he had no doubt Mr. Lincoln’s sense of justice and respect for the rights of neutral territory and a friendly power would induce him to order the release of Mr. Myers as soon as he arrived in the United States, but Mr. Layard was mistaken in the favorable opinion he had expressed of Mr. Lincoln. My son is still a prisoner in Fort Warren, {p.800} and I understand by a note from him direct that the Lincoln Government has resolved to treat him as a political prisoner. Such being the case he will be confined until the end of this savage war waged against us. I therefore ask of you to have the circumstances attendant on my son’s capture and imprisonment brought to the notice and attention of our Government, that it may adopt such measures as will insure his release and show to the civilized nations of the world the course pursued by the Lincoln Government and its disregard of the rights of a weak and feeble power with which it was at peace.

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

M. MYERS.

[Indorsement.]

JULY 5, 1862.

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

I indorse this letter and ask for it such consideration and attention as may be deemed proper.

ALEXANDER H. STEPHENS.

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WAR DEPARTMENT, Richmond, July 4, 1862.

General R. E. LEE, Commanding Army of Northern Virginia.

GENERAL: I have already ordered an examination into the condition of the sick and wounded of the enemy at Gaines’ farm and Savage’s, and on a report made this morning I directed them to be all collected at Savage’s, where they can be properly attended.

Lieutenant-Colonel Shields, under General Winder’s orders, has been charged with this duty and I think that you, need give yourself no further trouble about it. The sick and wounded of the enemy at the points mentioned are reported to be about 1,700.

You can appoint General Cobb to meet General Wool and vest him with full authority to agree to a general exchange. The sooner it is done the better, as the number of prisoners is increasing to an extent that threatens serious embarrassment.

I have telegraphed a circular to the officers in the different States charged with enrolling conscripts ordering them to hasten it and to send on the recruits in parties of 100 or 200 as they are obtained. There is a new regiment just organized in Florida, shall I bring it here or send it to Chattanooga? I have ordered to the latter place Hilliard’s infantry, about 850 strong, from Montgomery; the Forty-first Alabama, said to be 1,250 strong, from Tuscaloosa; Smith’s Legion of six companies of infantry and seven of cavalry; Barkuloo’s and Harkie’s regiments and Capers’ battalion of infantry [artillery]; Lawton’s cavalry regiment, and a cavalry battalion, besides some partisan corps.

These troops are along the line of the railroad to Chattanooga, all above Atlanta. I have ordered 6,000 stand of arms to the latter point at General Smith’s request.

We have succeeded in running in two other cargoes of arms and powder, and shall have no further difficulty on those points.

I have directed an organized force of wagons with an ordnance officer and an officer of the Quartermaster’s Department to follow your army for the purpose of gathering up arms and stores. We have 8,000 or 10,000 muskets now in our arsenal.

The French and English consuls have detained their couriers until to-morrow upon my promise to give them accurate information of the {p.801} results so far as they are known. Will you therefore write to me by courier to-morrow morning and inform me as nearly as you can of the state of things? I presume that you can approximate the number of prisoners and guns and the number of general officers killed or captured.

Robertson has captured Moorefield, in Hardy County, with some stores and arms.

Very respectfully, your obedient servant,

GEO. W. RANDOLPH, Secretary of War.

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RICHMOND, July 4, 1862.

Capt. WILLIAM PANNILL, Provost-Marshal, Petersburg:

Send all Federal prisoners here and direct the officer in charge to report to General J. H. Winder.

G. W. RANDOLPH, Secretary of War.

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HEADQUARTERS DEPARTMENT OF NORTHERN VIRGINIA, July 4, 1862.

Surg. J. SWINBURNE.

SIR: I regret to hear of the extreme suffering of the sick and wounded Federal prisoners who have fallen into our hands. I will do all that lies in my power to alleviate their sufferings. I will have steps taken to give you every facility in transporting them to Savage Station. I am willing to release the sick and wounded on their parole not to bear arms against us until regularly exchanged, but at present I have no means of carrying such an arrangement into effect. Certainly such a release would be a great relief to them. Those who are well and in attendance upon the hospitals could not be included in such an arrangement, except such as are left for that purpose, but will be sent into the interior until regularly exchanged.

Respectfully, your obedient servant,

R. E. LEE, General.

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[Form 22.]

-Invoice of subsistence stores (provisions) delivered by Capt. John M. Gait, commissary of subsistence, C. S. Army, to Capt. J. E. L. Rodgers, assistant commissary of subsistence and assistant quartermaster at Fair Grounds, near Lynchburg, on the 4th day of July, 1862.-

Article.Quantity.Cost.Condition when transferred.
Baconpounds.12,000$0.35Good.
Flourbarrels1378.00Good.
Ricepounds.1,440.03 3/4Good.
Beansbushels241.50Good.
Sugarpounds2,012.30Good.
Candlesdo60.30Good.
Saltbushels.251.33Good.
{p.802}

I certify that I have this day transferred to Capt. J. V. L. Rodgers, assistant commissary of subsistence, Forty-second North Carolina Regiment, and assistant quartermaster for Federal prisoners, C. S. Army, the articles specified in the foregoing list.

JNO. M. GALT, Captain, Assistant Commissary of Subsistence, C. S. Army.

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Indorsements on a letter of General Pillow complaining of wrongs and asking for redress.*

[First indorsement.]

Respectfully submitted to the President. I think it will be well for me to inform General Pillow that negotiations are going on for a general exchange of prisoners, which will probably release General Buckner and the rest of the Donelson prisoners at an early day and render an investigation practicable, which cannot be entered upon now with justice to them.

G. W. RANDOLPH, Secretary of War.

[Second indorsement.]

Answer as proposed and correct the impression that the action is a reflection on him specially. The effort at a full investigation has failed from causes for which the Government is not responsible and regrets.

JEFFERSON DAVIS.

* For entire correspondence between Pillow and the Richmond Government concerning the Fort Donelson surrender see Series 1, Vol. VII, pp. 278-327.

WAR DEPARTMENT, Richmond, July 5, 1862.

Brig. Gen. GIDEON J. PILLOW, Tupelo, Miss.

GENERAL: Your communication of the 21st ultimo having been considered by the President, I am instructed to inform you that your suspension has never been considered an accusation but as preliminary to an investigation which the circumstances of the Fort Donelson affair rendered necessary. The President regrets that the detention of the Fort Donelson prisoners renders such investigation impossible at present, but as this detention could not be foreseen, but on the contrary was in violation of an agreement made with General Wool for an exchange of prisoners, neither the President nor the War Department is responsible for the delay which has occurred.

General Wool has again announced his readiness to agree to a general exchange and negotiations are about to be commenced which no doubt will lead to that result. So soon as the actors in the Fort Donelson surrender are at liberty the matter will receive thorough investigation and justice be done. I am quite sure, general, that you desire nothing else, and I very much regret that the Department could not, with due regard to the absent parties, order an investigation which necessarily implicates them.

Very respectfully,

G. W. RANDOLPH, Secretary of War.

{p.803}

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ATLANTA, GA., July 6, 1862.

Hon. G. W. RANDOLPH, Secretary of War, Richmond, Va.

DEAR SIR: When in Richmond some weeks since I had an interview with you in regard to an exchange of prisoners and I also called your attention to the anxiety that Kentuckians felt in regard to Brigadier-Generals Buckner and Tilghman. You informed me that you had written to the Federal authorities to know whether General Buckner was in close confinement and that unless you received an answer within a reasonable time stating that the information which you had of his treatment was untrue you would put General Prentiss in close confinement and treat him just as you had heard Buckner was. This was to me satisfactory and highly gratifying and I informed the friends of Generals Buckner and Tilghman that I was satisfied that neither of them was treated as we had heard, because I had no doubts from what you said to me that if such was the case our Government would retaliate by placing General Prentiss and other Federal officers in close confinement. I wrote Mrs. Buckner saying that I was satisfied that the information we had of the general’s treatment was untrue. I did not doubt that such was the case until yesterday I met Capt. Stephen F. Chipley, of the Second Kentucky Regiment, who has been paroled and is just through from Fort Warren. He informed me that some three or four days after General Buckner reached the fort he and General Tilghman were placed in solitary confinement in rooms with the windows closed up and that they were not opened until each pledged himself that they would not speak to or recognize any one from the windows, and this was required after a surgeon had certified that unless the windows were opened their health would give way and in all probability death would ensue. They were required to give their parole of honor that they would hold no communication with each other or with any one else. They have not since been permitted to recognize or speak to any one. Their officers in the prison with them have not been permitted even to salute them in their solitary walk upon the parapet. General Buckner has not been permitted to write a line to any friend since his confinement or to see any one.

I am satisfied of the entire truthfulness of this statement. Captain Chipley is a man of intelligence and integrity and would make no statement that was not true. I have felt it only necessary to call your attention to the treatment of these gallant men to insure the adoption of such measures as will force the Federal Government to treat them in all respects as prisoners of war. I have no doubt that Generals Tilghman and Buckner have been treated thus at the instigation of Kentuckians in Washington City. I am also satisfied that you had no reliable information that these gentlemen had been treated in the manner detailed or a different course would have been pursued toward General Prentiss and the generals who have been recently captured in the Series of battles before Richmond. There are thousands of true men in Kentucky and all in our Army from that State who feel a deep interest in all that concerns these generals, and many of them believe that there has not been that attention upon the part of the authorities to their treatment by the Federals which justice and humanity and their services to the Confederacy demanded. I am not one of those and have endeavored to correct this impression as far as I could by referring to my interview with you in Richmond some weeks since. I should be much gratified to hear from you in reference to what steps if any have been taken by our Government in the premises.

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

H. C. BURNETT.

{p.804}

[Indorsement.]

Inform him that the fact of bad treatment was not only denied by the United States Government in answer to our demand, but also by Major Cosby, General Buckner’s assistant adjutant-general, who was paroled for a short time and came to Richmond. He represented that with the exception of denying him intercourse with the other prisoners he was kindly treated, well lodged and allowed to take the air on the ramparts. Colonel Dimick, the U. S. officer in command at Fort Warren, is very friendly to General Buckner.

As we exercise the right of separating prisoners we cannot call in question that of the enemy to do the same thing.

[G. W. R.]

[Inclosure.]

Our Prisoners at Fort Warren.

[From the Boston Journal.]

There are now about 150 rebel prisoners at Fort Warren, which will probably be increased very soon. Three only are kept in close confinement: Charles Keene, a privateer, and Generals Buckner and Tilghman. Keene is only allowed out at 5 a.m. (reveille), to march with his tub, flanked by two of the guard, across the parade ground and back to his cell. The two generals are allowed, separately, to go out one hour each day, between 9 and 10 o’clock.

Let our Government take a note of this. Our generals in close confinement in a fort, while the Yankee generals are allowed their liberty and suffered to lounge and luxuriate at our best hotels.-Examiner.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, July 6, 1862.

Brig. Gen. D. LEADBETTER, Commanding First Brigade.

GENERAL: I am directed by the major-general commanding to inquire if descriptive lists of the Federal prisoners received by General Mitchel were taken by you. If they were taken as he supposes you will forward them without delay through this office for the information of the authorities at Richmond that they may be put upon the record.

Very respectfully, your obedient servant,

H. L. CLAY, Assistant Adjutant-General.

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ORDERS, No. 727.}

HEADQUARTERS LOUISIANA MILITIA, Opelousas, July 7, 1862.

The Governor and commander-in-chief has been informed that parties in Calcasieu and Vermillion Parishes have refused and do refuse to receive in payment the notes of this State and also of the Confederate States, and that one Bertrand, residing in Grand Chenier, and one Corso, on Lake Charles, in the Parish of Vermillion, have positively refused the notes of this State and the Confederate States. These parties and all others who thus refuse the aforesaid notes are considered and are enemies to the Southern Confederacy and its cause and should be dealt with accordingly. Col. Daniel O’Bryan, of the Parish of Vermillion, will immediately on the reception of this order cause the arrest of Bertrand and Corso and of all others in his parish who have refused the notes of the State and of the Confederate States, and he will cause them to be imprisoned, examine facts, require of them to take the oath of allegiance, and in discharging them warn {p.805} them not to commit the offense again. And should the act be committed again by the parties thus arrested he will cause them to be rearrested and held in jail until further orders from this department.

By order of Thomas O. Moore, Governor and commander-in-chief:

M. GRIVOT, Adjutant and Inspector General, Louisiana.

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WAR DEPARTMENT, Richmond, July 8, 1862.

General WINDER, Commanding Department of Henrico.

SIR: You will release the five Turners and Wybert and Peacock, civil prisoners now held in your custody, and send them out of your lines beyond Gordonsville. They will be kept under the observation of our officers and not allowed to go at large until they pass our lines.

GEO. W. RANDOLPH, Secretary of War.

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MOBILE, ALA., July 8, 1862.

Hon. THOMAS H. WATTS, Richmond, Va.

MY DEAR SIR: The subject of the present letter has been one of serious reflection with me, and I venture to communicate it to you with the hope that it may receive from the proper authority the consideration which its importance demands.

The hanging of George W. Mumford [William B. Mumford]* in New Orleans by order of General Butler was a brutal murder, not justified by any act committed by Mumford. That this Government owes its protection to its citizens is too plain a postulate to be denied, and that can only be done by its possessing the necessary power to restrain in the first instance by fear of its power of retaliation. The facts in this case are familiar to every man in the Confederacy, and the sanguinary and ignominious death inflicted upon one of our citizens awakened the indignant horror of every Southern man, innocent as he was of any offense.

It does strike me that this act calls for retaliation, more so even than the case of the Confederate sailors captured during the war. In their case the President wisely and firmly informed the Lincoln Government that the law of retaliation should be enforced, and the consequence was our sailors were saved us.

I submit that in this case the President should make a formal demand upon President Lincoln for the body of Benjamin F. Butler, to be delivered to him within a stipulated period, in order to try him for the murder of George W. Mumford [William B. Mumford.] That in the meantime he commit to close confinement Major-General McCall or some other distinguished Northern man, and inform Mr. Lincoln that unless Benjamin F. Butler, at the expiration of the time stipulated, was surrendered to him that he would hang General McCall; and in case of refusal to hang him.

With one voice the whole Confederacy and Europe would applaud and sustain him. It would teach the miscreants and ruffians who now barbarously murder and afflict our people that our Government would protect every citizen against their outrages, and that its arm was long enough and strong enough to reach every offender.

{p.806}

In the palmy days of the proud old Roman Republic, “I am a Roman citizen,” from the Persian borders to the Pillars of Hercules, was an aegis of safety to every Roman. Let our President inaugurate this principle and the terror which it will inspire in the hearts of the selfish Northern fanatics will insure protection and respect for such of our citizens as may unfortunately fall into their power, and thus wring from their cowardly fears rights which are recognized by every Christian nation as those of humanity consistent with the laws of war.

The delivery of Butler or the hanging of McCall would strike terror and consternation through the entire Northern population. Its justice they would not gainsay and the terrible retribution following the ignominious murder of one of our Confederate citizens would afford to them and to Europe the sublime spectacle of a nation’s power protecting the life or avenging the death of its humblest citizen.

I write this to you with the view of its being laid before the President. You have known me many years and know how conservative I am in my opinions and feelings. I here express the unanimous sentiment of our people, and so far from time allaying the excitement caused by this act of merciless barbarity of the ruffian Butler, it has the effect only of making it more profound.

With humble thanks to our Heavenly Father for the great victory achieved at Richmond by our gallant fellow-citizens, and uniting with you in prayer to Him that He will crown us with victories until we conquer peace and independence,

I am, very truly, yours,

F. S. BLOUNT.

[First indorsement.]

[RICHMOND,] July 15, 1862.

Mr. PRESIDENT:

Col. F. S. Blount, the writer of this letter, is a lawyer of distinction in Mobile and I have no doubt reflects fully the sentiments of the whole people for retaliation due to the base murder of Mumford, of New Orleans. I suppose, however, that the object of his communication has been the subject of consideration and that appropriate steps have been taken to have justice done in the premises.

In accordance with Colonel Blount’s request I respectfully ask your attention to his letter.

T. H. WATTS.

[Second indorsement.]

Secretary of War to inform honorable Attorney-General of the action taken and confer on proposition submitted.

JEFF’N DAVIS.

[Third indorsement.]

Send to the Attorney-General a copy of letter to General Lee in reference to Mumford** and inform him that a demand has been made on the United States Government in conformity therewith.

GEO. W. RANDOLPH.

* See pp. 155, 328.

** See Randolph to Lee, p. 792. William B. Mumford was put to death June 7, 1862, at New Orleans by order of Major-General Butler, pursuant to sentence of a military commission. See Butler to Secretary of War, Vol. III, this Series, June 10, 1862, p. 673, and also Special Orders, No. 70, Department of the Gulf, Vol. III, this Series, June 5, 1862, p. 645. For the killing of Col. John L. Owen see pp. 134, 233. Also see McClellan to Secretary of War, July 11, p. 170.

{p.807}

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HEADQUARTERS DEPARTMENT OF NORTHERN VIRGINIA, July 9, 1862.

General G. W. RANDOLPH, Secretary of War.

GENERAL: I am unwilling to communicate with the enemy through the lines about Westover. The best mode of communication will be by a small boat which could cross the obstructions in James River and meet a gun-boat under a flag of truce or go even as far as Westover. Major Allen, of Claremont, has stich a boat. I authorized Doctors Guild and Cullen to communicate with McClellan yesterday from Shirley and to restore to him the wounded lying there on parole, but I have not yet heard whether they were able to do so. The delivery of the enemy’s wounded into his hands will be difficult for us to accomplish, though it would be far better for them to be under the care of their own physicians and friends. If the boat can be obtained please let me know as I have some other communications which I wish to make to General McClellan under flag of truce.

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

R. E. LEE, General.

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HEADQUARTERS ARMY OF NORTHERN VIRGINIA, July 10, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

GENERAL: I regret exceedingly to hear of the ill-health of General Howell Cobb. I have written to General Wool, U. S. Army, on the subject of the exchange of prisoners and have appointed General Cobb commissioner on the part of the Confederate States to arrange with General Wool the question of exchange. Although General Cobb may be too unwell for active duty in the field, may he not be able to perform this duty? It is very desirable that he should do so as he has heretofore had this subject in hand and is more familiar with it than any one else now with this army.

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

R. E. LEE, General.

–––

SPOTSWOOD HOUSE, Richmond, July 10, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: The inclosed letter from the Hon. Thomas A. Harris shows that some time since the attention of the President, as well as of yourself, was called to a cruel and flagrant violation of the rules of civilized warfare in the State of Missouri by the Federal authorities. In addition to what was brought to your attention by General Harris in his communications I have to call your attention to the order now issued and published by the officer in command at Saint Louis requiring every person found in arms in that State shot without even the form of a trial. This is nothing less than raising the black flag in that State.

I submit whether this Government ought not to take some immediate steps of retaliation to protect our citizens against such outrages as will necessarily flow from such orders and rules of warfare. The enemy seems to practice upon no such rule in any other State in the Confederacy. The purpose of this letter is to know whether you have responded to General Harris’ application by instituting any retaliatory {p.808} measures to protect the people of Missouri against such wanton and cruel outrages.

There appears to be a marked difference observed by the Federal authorities between prisoners captured in Missouri and in the other Confederate States. This ought not to be permitted by this Government. Missouri being a part of the Confederacy, her citizens have a right to expect and ought to receive the same protection as citizens of the other States of the Confederacy. Having for the last few months had no organized army in Missouri, there was no alternative but for the citizens of the State as such to resist as best they could the marches and inroads of the Federal armies through the State. This they had a clear right to do, and if wounded or captured while making such resistance or while endeavoring to maintain the flag of the Confederacy, it is surely not only the duty but will be the pleasure of our Government to extend to them all the sympathy and protection in its power. I respectfully ask you (if you have not already) to take the necessary steps to give protection to our citizens and arrest if possible the inhuman and disgraceful system of warfare now inaugurated in that State. Your early answer is most respectfully requested.

With great respect,

JOHN B. CLARK.

[First Indorsement.]

Send copies of letters to General Lee in reference to Mumford and Owen and of letter to Hon. T. A. Harris announcing the fact of a demand on the United States Government. Inform Mr. Clark that General Lee has written to General McClellan on the subject and that the letter has been sent under flag of truce.

G. W. R.

[Second indorsement.]

Mr. Cowen for the copies above called for. General Clark also asks the favor of a copy of his own letter within, being all for publication. He will call on you for them at your leisure.

[Inclosure.]

LYNCHBURG, VA., June 23, 1862.

Hon. JOHN B. CLARK, Richmond, Va.

MY DEAR SIR: I have written again to-day to the Secretary of War touching the propriety of the institution of some retaliatory measures in reference to the treatment of prisoners captured by the enemy in the State of Missouri. I am credibly informed that a marked distinction is made between prisoners captured in Missouri and other Confederate States. This should not be permitted. I inclosed to the Secretary of War an extract from a Hannibal (Missouri) paper (the Herald), in which it is stated that Col. John L. Owen, late of my division, Missouri State Guard, was captured near his home, and although demanding to be treated as a prisoner of war was summarily placed upon a stump and shot without the pretense or form of trial. Can this thing be permitted whilst Madison Miller and other prisoners of that ilk are treated with such consideration by the Confederate States?

I hope you will consider this matter of as grave importance as myself, and that you will think proper to unite with me in the effort to mitigate the sufferings of Missourians in the hands of the enemy by inducing this Government to institute some retaliatory measures, which I believe is the only practical way to effect the object. If you coincide in opinion with me, call in person on the Secretary of War and President {p.809} and urge the matter so that I may be able to take news of favorable intervention by this Government to our friends there. I am only waiting for this before starting West.

You will find all my correspondence at the War Department which I did at the suggestion of the President, who in a conversation seemed disposed to act promptly and favorably in behalf of our unfortunate constituents. As soon as you can leave I advise you to come up here. You will have good living, fresh air and a far preferable place to Richmond during the vacation. Come to the Washington House.

I hope that General Price has succeeded in his wishes. I am expecting him and staff through here every day. Remember me to all of them respectfully, and especially to your son, Col. John B. Clark, jr. He promised to write me. If I can be of any assistance or service in any manner telegraph me and I will come down at once. Let me hear from you at your earliest convenience.

Yours, truly,

THOS. A. HARRIS.

–––

HEADQUARTERS ARMY OF NORTHERN VIRGINIA, July 10, 1862.

Surg. J. S. D. CULLEN, C. S. Army.

SIR: The general commanding desires that you will proceed to the different hospitals in vicinity of the James and Pamunkey Rivers in which are located the wounded Federal prisoners and arrange for their transfer on parole to the Federal authorities, subject to after exchange. You may apply to Naval Department for transportation down the James River. Send in ambulances and provisions for use of the prisoners to be transported to the river. The chief commissary will issue provisions needed upon your requisitions.

Very respectfully, your obedient servant,

R. H. CHILTON, Assistant Adjutant-General.

–––

SALISBURY, N. C., July 10, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: We, the undersigned, chaplains of the U. S. Army, now held as prisoners of war at this place, understanding that a general order has been issued for the immediate and unconditional release of all chaplains, understanding that this is mutual with both Governments, and still finding ourselves held in custody week after week and believing at the same time that the order for our release is not withheld from any wish to retain us in prison, but an oversight caused by the great pressure of public affairs, simply take this way of calling your attention to our case, hoping it may be consistent for you to send us to our families and our homes.

H. [J.] EDDY. G. W. DODGE. W. R. STOCKTON. LOUIS SCHREINER.

[Indorsement.]

Surgeons and chaplains sent from Salisbury to Petersburg on the 24th July, 1862.

Respectfully,

JNO. H. WINDER.

{p.810}

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CEDAR PLAINS, HENRICO COUNTY, July 10, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: Miles Ambler, residing quietly on his estate in this county, was, without the shadow of provocation and with characteristic brutality, seized as prisoner by U. S. soldiers, acting (so they said) under orders of General Couch, on the 12th of June, 1862, and has been forcibly detained in close confinement up to this date. The above circumstances are notorious and this outrage is respectfully brought to the notice of the honorable Secretary by the distressed wife and daughter of the above-named gentleman.

HARRIET A. AMBLER.

[Indorsement.]

Referred to General Lee. It will be well in the next communication with General McC[lellan] to remonstrate against the practice of seizing private individuals and carrying them off as prisoners.

It is carried on throughout the region within his lines and will lead to assassinations of his troops and retaliation on their side which will greatly enhance the misery of the war without forwarding its object.

G. W. R.

–––

HEADQUARTERS DISTRICT OF THE MISSISSIPPI, Vicksburg, July 11, 1862.

Hon. G. W. RANDOLPH, Secretary of War, Richmond:

I respectfully communicate the following facts and ask for instructions thereon: Calvin Dickey, who claims to be a British subject and to be traveling as the agent of a commercial house in Saint John’s, was arrested on the 8th of July some three miles above this city with a carpet sack, going up the river in the direction of the enemy’s fleet now lying above this point. He has in his possession a printed passport purporting to be signed by British consul in New York, dated December 23, 1861, requesting that he (D[ickey]), accompanied by his wife, be allowed to pass without let or hindrance, &c. Mr. D.’s wife is not with him, but is as he states in Canada. He avows his business to be to find out how much cotton we have burned, how much on hand and the quantity planted this season, with a view of directing the commercial movements of the house he claims to represent. I am informed that neither his physiological developments nor his tone and manner of conversation indicate that he is an Englishman, but on the contrary that he is a New York Yankee. He comes from Cairo to Memphis, thence to Grenada, Miss.; then to Jackson, Miss.; thence to Montgomery, Ala., and returned via Yorktown. It is hardly probable that commercial business alone would induce such a trip through a country engaged in war, and especially to Vicksburg, besieged as it was by the enemy; but it frequently happens that innocent men are surrounded by suspicious circumstances. While it is neither the desire nor intention of the military authorities of the Confederate States to interrupt in any way the relations of amity existing between our Government and England or any other foreign power, I am of the opinion that the British consul in New York does not possess the power nor should such be recognized to give passports to enable parties to pass ad libitum to and from our lines from those of the enemy, but that authority so to do must be obtained by application on the part of the consul to the Department at Richmond, the foreign Government holding itself in the meantime {p.811} responsible for the good conduct of its subject. Thinking that cases similar to Mr. Dickey’s may have been presented to the Department at Richmond and some rule adopted for their determination I must ask for specific instructions in reference to Mr. Dickey. Feeling that in this the hour of our trial every measure of precaution against spies should be resorted to, I have directed Col. Fred. Tate, provost-marshal-general, to send Mr. Dickey to Jackson, where he now is under guard awaiting your decision.

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

EARL VAN DORN, Major-General.

[Indorsement.]

Foreign consuls have no power to give passes through our lines. This can only be done by the Department or the commanding general of the army-through whose lines the party wishes to go. While policy and international comity require us to grant such privileges to foreigners as are not inconsistent with our own welfare, yet they should be arrested if liable to suspicion and held in confinement until their cases can be investigated. This, however, should not be delayed unreasonably.

G. W. R.

–––

HEADQUARTERS DEPARTMENT OF HENRICO, Richmond, July 11, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: According to your instructions I wrote to General Kirby Smith asking to be informed what disposition was made of the prisoners sent from Alabama and whom it was said the Federal general refused to receive. I have the honor to inclose the answer.

Very respectfully, your obedient servant,

JNO. H. WINDER, Brigadier-General, Commanding.

[Inclosure.]

BRIGADE HEADQUARTERS, Chattanooga, July 3, 1862.

Maj. H. L. CLAY, Assistant Adjutant-General.

MAJOR: In compliance with the instructions of the major-general commanding I have the honor to reply that 2,005 prisoners of war have been received at Chattanooga from Georgia and Alabama. Fourteen hundred and forty-five were received by General Mitchel, 560 having been refused by that officer. These were sent to Atlanta at the time of the bombardment of Chattanooga.

Very respectfully, your obedient servant,

D. LEADBETTER, Brigadier-General.

–––

HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, July 11, 1862.

Lieut. Col. JAMES R. HOWARD, Commanding Cavalry, Charleston, Tenn.

COLONEL: Your communication relating to the refusal of certain citizens to take Confederate notes in payment of debts and their arrest because of it has been received. While the commanding general {p.812} believes that such a refusal is a grave political offense, and declares that persons so offending are liable to be arrested, he has issued no order directing what course officers should pursue in such cases. The question is full of difficulty and the policy to be pursued is undecided. You will therefore make no further arrests until it is determined at headquarters. The prisoners charged with having sold cotton yarns to be disposed of to the enemy having given bond for their good behavior, &c., and avowed their determination to receive Confederate notes in payment of debts due them, have been released. Similar cases will in future be reported to headquarters before arrests are made.

Very respectfully, your obedient servant,

H. L. CLAY, Assistant Adjutant-General.

–––

EXECUTIVE DEPARTMENT, Richmond, July 12, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: I am directed by the President to inform you that he has received a telegram from Mrs. Nicholls in relation to Lieut. Col. Francis T. Nicholls, Eighth Louisiana Regiment, who was left wounded at Winchester, and as is supposed fell into the hands of the enemy some weeks since. A dispatch from a Northern paper, dated Manassas, June 30, states that a Lieutenant-Colonel Nicholls had been arrested in the Federal camp disguised as a peddler and that he was to be treated as a spy. It is possible that this may be the officer above referred to and that he was attempting to escape in disguise from the enemy’s lines. The President is desirous that inquiry should be made by the first flag of truce to ascertain if possible the facts regarding the case in question.

Very respectfully, your obedient servant,

J. C. IVES, Colonel and Aide-de-Camp.

–––

HEADQUARTERS ARMY OF NORTHERN VIRGINIA, July 12, 1862.

Surg. L. GUILD, Medical Director, Department of Northern Virginia.

SIR: General Lee desires me to inform you that having received a letter to-day from General McClellan expressing his willingness to receive the wounded prisoners he has referred the letter to Doctor Cullen and directed him to make all necessary arrangements for the transfer, and he desires that you will give Doctor Cullen all the assistance you can in this matter.

Respectfully, your obedient servant,

[R. H. CHILTON,] Assistant Adjutant-General.

–––

HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, July 12, 1862.

Brig. Gen. D. LEADBETTER, Commanding First Brigade.

GENERAL: The major-general commanding directs me to say that on the 6th instant a letter was addressed you to “forward without delay through this office descriptive lists of the Federal prisoners received by General Mitchel.” As they have not been received at department {p.813} headquarters and the information is required by the authorities at Richmond the major-general commanding directs that they be fort warded without delay.

Very respectfully, your obedient servant,

H. L. CLAY, Assistant Adjutant-General.

–––

ELLISVILLE, COLUMBIA COUNTY, FLA., July 12, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: While in command of the island of Cedar Keys, on the Gulf coast of this State, with a detachment of men from my company (Company F, Fourth Regiment Florida Volunteers), we were on the 15th of January last intercepted in attempting to evacuate the island by the U. S. steamer Hatteras and captured. The privates and non-commissioned officers were taken to New York, myself confined at Key West for some time and then paroled not to take up arms until regularly exchanged. I see that exchanges are frequently made and I have been here (at home) anxiously awaiting an exchange. The late colonel of my regiment (Colonel Hopkins) assures me that he made every effort he could to have it done and the present colonel (James P. Hunt), now at Mobile, promised to do the same. Cannot something be done by your Department consistent with the interests of the Government to secure an exchange? I am anxious to again enter the service and shall be impatient to hear something.

Very respectfully,

WILLIAM T. WEEKS, Second Lieut. Company F, Fourth Regiment Florida Vols.

–––

RICHMOND, July 12, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: I have the honor to report that in conference with Mr. Brunot I have selected W. H. Smith, O. L. Miller and J. W. Wightman to be exchanged for Richard Washington, Richard E. De Atley and Rufus King. The exchange is to be effected by releasing the persons first named as soon as we hear the three last named are released by the U. S. authorities and permitted to return home free from danger of arrest. I append a note of the examination of the three persons.

Very respectfully, your obedient servant,

S. S. BAXTER.

1. J. W. Wightman; native of Allegheny County, Pa.; father a former graduate of Jefferson College, Pa.; belongs to sanitary committee of Pittsburg; student of Allegheny Theological Seminary.

2, O. L. Miller Westmoreland County, Pa.; father a farmer; student of medicine with his brother in Allegheny County; member of sanitary committee.

3. W. H. Smith; native and citizen of Knox County, Ind.; father was a farmer and is now dead; student of theological seminary at Pittsburg.

S. S. BAXTER.

[Indorsement.]

RICHMOND, VA., July 12, 1862.

Approved. General Winder will carry it out.

G. W. RANDOLPH, Secretary of War.

{p.814}

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LYNCHBURG, July 12, 1862.

President DAVIS:

If Colonel Nicholls mentioned in Wednesday’s dispatch as being taken as a spy is of Eighth Louisiana Regiment, Taylor’s brigade, in pity prevent his execution.

CAROLINE G. NICHOLLS, Washington Rouse.

–––

RICHMOND, July 13, 1862.

General EARL VAN DORN, Vicksburg:

Consular certificates confer no authority to pass our lines. Even the passports issued here leave the time and place of passage to the discretion of the officer in command on the lines. I think that the results of the operations here will turn out to be from 8,000 to 10,000 prisoners, 50 pieces of artillery and 30,000 stand of arms. We are finding every day arms and stores abandoned by the enemy on their retreat. They left or destroyed their personal baggage, pontoon trains, rocket batteries, &c. Their tents are left standing and vast quantities of stores were destroyed, but we recovered much that they had not time to destroy.

GEO. W. RANDOLPH, Secretary of War.

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HEADQUARTERS ARMY OF NORTHERN VIRGINIA, July 14, 1862.

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

GENERAL: I send up twelve prisoners, citizens of the State, who have been captured by the enemy, taken to Fortress Monroe and finally paroled. They are a portion of more than 100 who are in the same situation. I desire the question settled in what light they shall be viewed and what shall be done with them. I inclose note from Colonel Goode, who sent them up from the White House. I think these people could be put to work if they could do nothing else.

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

R. E. LEE, General.

[Indorsement.]

Inform General Lee that the letter has been referred to me; that we do not recognize the right of the United States to seize citizens and by paroling them put them in a situation where they will be punished by us if they decline to render military service and shot by the enemy if they do. General McClellan should be informed that we do not recognize these paroles and shall not hesitate to exact service from them. Should he treat this as a violation of parole it will lead to retaliation, our only means of compelling the observance of the laws of civilized warfare.

G. W. R.

[Inclosure.]

WHITE HOUSE, VA., July 13, 1862.

General ROBERT E. LEE, Commanding Confederate Forces.

GENERAL: A number of citizens of the surrounding counties who were taken prisoners and have been paroled by the enemy have been {p.815} reported to me this morning. Doubting the propriety of allowing them to return at this time to their homes I send them to you for disposition.

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

THOMAS F. GOODE, Colonel, Commanding.

–––

WAR DEPARTMENT, Richmond, July 14, 1862.

General R. E. LEE, Commanding, &c.

SIR: General Winder has submitted your letter of the 14th instant to me.

We cannot recognize the right of the U. S. forces to seize our citizens and by paroling them to place them in a situation where they will be punished by us if they decline to render military service and shot by the enemy if they do. General McClellan should be informed that we do not recognize these paroles and shall not hesitate to exact service from those who have given them. Should he treat this as a violation of parole it will lead to retaliation, our only means of compelling the observance of the laws and usages of civilized warfare.

Your obedient servant,

GEO. W. RANDOLPH, Secretary of War.

–––

HEADQUARTERS ARMY OF NORTHERN VIRGINIA, July 15, 1862.

Maj. Gen. D. H. HILL, Commanding Division.

GENERAL: If you meet the commissioner of the enemy, General Dix, to-morrow I desire you to fix the next place of meeting at City Point for reasons which I will explain to you when I see you.

Very respectfully, your obedient servant,

R. E. LEE, General.

–––

HEADQUARTERS, July 15, 1862.

Maj. Gen. D. H. HILL, Commanding.

GENERAL: I send herewith a letter of instructions to you relative to exchange of prisoners and a copy of a letter* received from General McClellan on the subject of exchange.

Application has been made for a list of prisoners in our hands which is now being prepared and will be furnished to you as soon as completed.

I have the honor to be, your obedient servant,

R. E. LEE, General.

* See p. 189.

[Inclosure.]

HEADQUARTERS DEPARTMENT OF NORTHERN VIRGINIA, July 14, 1862.

Maj. Gen. D. H. Hill, of the C. S. Army, is hereby appointed to meet Maj. Gen. John A. Dix, of the U. S. Army, with authority to negotiate {p.816} for a general exchange of all prisoners taken and held or paroled by the respective armies.

He is authorized to conclude any arrangement which provides for the exchange of prisoners upon terms of perfect equality.

R. E. LEE, General.

–––

HEADQUARTERS FIRST DIVISION, FIRST CORPS, Dill’s Farm, July 15, 1862.

Hon. G. W. RANDOLPH, Secretary of War, Richmond.

SIR: I have just heard from my family that my brother-in-law, Capt. George D. Walker, of Wilmington, N. C., is kept in irons by the enemy at Fort Columbus, N. Y. Captain Walker, who very early engaged actively in bringing arms to the country, had made several very successful trips from England, when at last he was taken in command of the Theodora with a cargo of 7,000 arms and 200 tons powder just off Cape Fear by the blockading squadron. The Theodora was the steamer formerly the Gordon and selected to take our commissioners to Havana. That this brave sailor should be held in irons is a monstrous outrage. Will you please to cause the proper inquiries to be made, and if the fact is so by retaliation bring about an amelioration of his condition. I shall be glad if his name can be put upon the roster for exchange. His services to the Confederacy have been great.

Very respectfully,

W. H. C. WHITING, Brigadier-General, Commanding Division.

[Indorsement.]

Inform Mr. Whiting that inquiry will be made concerning him. Send a copy of the letter to General Lee and ask him to make inquiries about Captain Walker.

G. W. RANDOLPH.

–––

CHARLOTTESVILLE, July 15, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: About a month ago while in Richmond I had the honor to send a letter to your address, but as I have some reason to believe that it failed to reach its destination I now deem it my duty to ask your attention to a brief statement of the circumstances that have led to my detention as a prisoner of the Confederate Government for nearly a year.

Before and after the last Presidential election I as a citizen of New York opposed the measures of the Black Republicans knowing they would lead to a rupture of the Union. After the fall of Sumter, when the frenzy of madness had fired the hearts of the Black Republicans and terror had paralyzed the efforts of the Democracy, I conceived it to be the duty of all true Americans to prevent an invasion of the South. After the invasion of Virginia, believing that the South was right and knowing that her people would fight, I thought it to be my duty to aid her as the readiest way to terminate a war that unless speedily checked must lead to desolation. This stand I took publicly in New York.

{p.817}

After the battle of Manassas, when panic had seized the heart of the North, I thought if a similar blow could be struck at the Navy the war would close. Having a plan for a gun-boat which I believed could destroy any war vessel then in the Navy I determined to offer it to the Confederate States. With this end in view I passed the Federal lines and on reaching the Confederate pickets I asked to be taken before the commanding officer in order to be passed to Richmond. I was taken before General Bonham by whom I was treated cordially and as I then thought and still think trustfully, and furnished with a horse to proceed immediately to Manassas. At Manassas I was detained for some weeks and only after earnest appeals sent to Richmond, and very much to my surprise and mortification as a prisoner. Soon after reaching Richmond I sent a statement to General Winder referring to W. D. Parsons, esq., and the Hon. Ben. Wood, proprietors of the New York Daily News, to prove my Southern feeling and honesty of purpose in coming South.

As the officer at Manassas had informed me that the Confederate Government had all the plans for gun-boats that were required, of course I did not think it proper to press my project, though I distinctly recollect addressing a short note on the subject to the Secretary of the Navy. All I could then do was to use every effort to recover my freedom, of which I had been so unceremoniously, not to say unjustly, deprived. My appeals in this behalf to the several officers and commissioners extend over a period of ten months and yet during all that time I never received one moment’s notice nor one word in reply. As I found out afterwards that the letters were carried by Northern men and as I have good reason to believe that some of my letters intended for your Government were sent North, it is quite possible I may have been cheated in the matter. I protested against being confined with the mercenary Hessians who had invaded the South and with whom I could have no sympathy, but in vain. I asked to be examined by the Naval Department, believing that the novelty and originality of my boat would to some extent prove my object in visiting the South. Finally I protested against being sent to Salisbury as a Federal prisoner to be turned over to the Lincoln Government in exchange. On this head the provost-guard officers promised that my feelings should be respected and the commissary also promised to employ me in his department until my case should be decided, and yet, notwithstanding all this, with ten minutes’ notice I was ordered to leave for Salisbury and marked on the list “supposed to be a spy.”

Now allow me to ask, who supposes me to be a spy? Where can you find the least ground for suspicion in thought, word or action? General Bonham did not treat me as a spy and General Beauregard had no charge against me on the books at Manassas. For ten months in the factories of Richmond I have been known by all as the most decided and uncompromising Confederate. During all that time I have never faltered. When New Orleans fell I renewed the offer of my boat and services. That the South was right and must ultimately be successful has always been the burden of my speech. The insults and threats of my Northern fellow-prisoners had as little effect as the humiliating reception I had received from the South to turn me from what I conceived to be the true line of American duty. At Petersburg I was placed in the same car with fifty Federal officers. By some means these officers were informed of my sentiments in opposition to the war and the usual threats were thrown out as to my fate when I should reach Washington. Allow me to say that I shall have no fears to go North at the proper {p.818} time, but I do decidedly object to the South handing me over to Seward’s Government at the present time, and as I did not believe that such was the intention of the Confederate Government I determined to leave the train at the first favorable opportunity. I therefore left the train and my not over-watchful guards near Lexington, N. C., and traveled to Danville, Va. I staid two days at Danville and thence to Lynchburg. From Lynchburg it was my purpose to proceed to Knoxville, Tenn., where I hoped to find some friends who might more readily understand my case than the over-pressed officers at Richmond. I was, however, unable to procure transportation and therefore altered my course for Charlottesville, which place I reached June 28, sixteen days’ severe travel on foot from Lexington. As the battle at this time was raging before Richmond, my only object was to reach a retired spot where I might await a more quiet and convenient opportunity to bring my case before your Department.

Providence I believe directed me aright. Immediately on arriving here I reported to Captain Taylor, the commandant of this post. Captain Taylor heard my story and sympathized with me, offering to place me on parole under the care of his sergeant until the battle at Richmond was decided and he would have an opportunity to present my case to your Department. I much regret that since then Captain Taylor has removed from this post and therefore I am left to report my own case. I do so, however, quite readily and cheerfully, as I have every reason to believe that I shall receive justice at your hands.

WALLACE D. WATSON.

P. S.-I still believe that my plan for a gun-boat is of vast importance to the Confederate States and I shall be glad to lay the design before your Department if you will afford me the opportunity.

W. D. W.

–––

WAR DEPARTMENT, Richmond, July 16, 1862.

His Excellency JEFFERSON DAVIS, President Confederate States of America.

SIR: I have the honor to submit for your consideration a copy of a letter from the Hon. John B. Clark, with my reply. The latter part of the correspondence relating to matters of great importance I desire to receive your instructions before sending the letter to its destination.

Very respectfully, your obedient servant,

GEO. W. RANDOLPH, Secretary of War.

[Indorsement.]

Is it well to answer speculative inquiries? The answer you give expresses what must be our purpose, but it will be difficult to execute in cases where rumor will bring the only information. How can we know even the main facts of the murder of a citizen beyond our lines, and by troops with whose commander we have no means of communicating?

J. D.

[Inclosure No. 1.]

SPOTSWOOD HOUSE, Richmond, July 15, 1862.

Hon. GEORGE W. RANDOLPH, Secretary of War.

SIR: I respectfully desire to know from you whether the several partisan corps of rangers now organized or that may be organized in the {p.819} several States of the Confederacy are to be regarded as part of the Army of the Confederacy and protected by the Government as such. And whether if any of said corps are captured in battle or otherwise while in the line of their duty by the enemy this Government will claim for them the same treatment as prisoners of war which is now exacted for prisoners belonging to our Provisional Army. Are not all corps of partisan rangers organized by your authority emphatically a part of the Confederate Army, and will they not be regarded and treated as such? I consider that it is not only the right but the duty of every loyal citizen in the Confederate States to resist by all means in his power, even to the death if necessary, the attempt of the enemy in a body or singly to invade his domicile or to capture his person or that of his wife, child, ward or servant, or to take from him against his will any of his property, and if in making such resistance, whether armed or not, our citizens are captured by such invading enemy, have they not the right to demand to be treated by the enemy as other prisoners of war, and will not this Government exert all its power if necessary to the end that its citizens are thus protected and treated? This is a war waged against the sovereignty of the several States of the Confederacy and against the lives, liberty and property of every citizen yielding allegiance to the States and Government of their choice in which they reside. Such a war has no parallel in the history of Christian nations. I respectfully request you to give me your opinions on the several points in this letter in a form to be submitted to my constituents to enlighten them in regard to the extent of their rights and powers as viewed by this Government, and how far their Government will protect them in the exercise of those rights which to an intelligent freeman are dearer than life itself. Your early answer is respectfully requested.

With great respect,

JOHN B. CLARK.

Mr. Randolph will please examine this letter, and if there is anything in it too strongly stated in his judgment he will alter it to suit his views, so that his answer will agree with my letter. When completed please send with his answer a copy of my letter as answered by him. I would like very much to get his answer this evening.

Respectfully,

J. B. CLARK.

[Inclosure No. 2.]

WAR DEPARTMENT, Richmond, July 16, 1862.

Hon. JOHN B. CLARK, C. S. Senate.

SIR: I have the honor to acknowledge the receipt of your letter of the 15th instant, and to reply that partisan rangers are a part of the Provisional Army of the Confederate States, subject to all the regulations adopted for its government and entitled to the same protection as prisoners of war. Partisan rangers are in no respect different from troops of the line, except that they are not brigaded and are employed oftener on detached service. They require stricter discipline than other troops to make them efficient, and without discipline they become a terror to their friends and contemptible in the eyes of the enemy. With reference to your inquiry as to the protection which the Government will extend to private citizens taken in hostile acts against the enemy, it is not easy to lay down a general rule. War as conducted by civilized nations is usually a contest between the respective Governments of the belligerents, and private individuals remaining quietly at {p.820} home are respected in their rights of person and property. In return for this privilege they are expected to take no part in hostilities unless called on by their Government. If, however, in violation of this usage private citizens of Missouri should be oppressed and maltreated by the public enemy they have unquestionably a right to take arms in their own defense, and if captured and confined by the enemy under such circumstances they are entitled as citizens of the Confederate States to all the protection which their Government can afford, and among the measures to which it may be needful and proper to resort is that of the lex talionis. We shall deplore the necessity of retaliation as adding greatly to the miseries of the war without advancing its objects, and therefore we shall act with great circumspection and only upon facts clearly ascertained; but if it is our only means of compelling the observance of the usages of civilized warfare we cannot hesitate to resort to it when the proper time arrives.

Very respectfully, your obedient servant,

[Indorsement.]

This being a rough draft without signature I have taken the liberty to interline in pencil for your consideration.

J. D.

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RICHMOND, July 16, 1862.

General EARL VAN DORN, Vicksburg, Miss.:

The arms are generally damaged and need repair, but we will send some of them as soon as possible if you will indicate the number you require and the point at which you wish them delivered. I congratulate you on your successful defense of Vicksburg. You have done much to raise the spirits of the country. The Washington Government has agreed to a general exchange of prisoners, and General John A. Dix on their side and General D. H. Hill on ours are now arranging the details.

GEO. W. RANDOLPH, Secretary of War.

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SPECIAL ORDERS, No. 121.}

HEADQUARTERS DEPARTMENT NO. 2, Tupelo, Miss., July 16, 1862.

I. At a military commission, convened by virtue of Special Orders, No. 112, paragraph VII, Headquarters Department No. 2, at Tupelo, Miss., on the 14th day of July, 1862, was tried Simeon Tidwell, a citizen of the Confederate States, on the following charges and specifications:

CHARGE: Treason.

Specification-In this, that the said Simeon Tidwell, being a citizen of the Confederate States, on or about the 4th day of July, 1862, in the State of Mississippi, did steal certain negro slaves, the property of Ferguson and Fitzhugh, with intent to deliver them over to the enemy.

To which charge and specification the prisoner pleaded as follows:

To the specification, “Not guilty.”

To the charge, “Not guilty.”

Finding and sentence.

The commission, after mature deliberation on the testimony adduced, finds the prisoner, Simeon Tidwell, as aforesaid, as follows:

Of the specification, “Guilty.”

Of the charge, “Guilty.”

{p.821}

And the commission does therefore sentence him, the said Simeon Tidwell, to be put to death by hanging, at such time and place as the general commanding may direct.

II. The proceedings, findings and sentence are approved and the general commanding directs that the said Tidwell be executed at or near Tupelo on Friday, the 25th of July, 1862, at 12 m. The commanding officer of the Army of the Mississippi is charged with the due execution of the foregoing order.

By command of General Bragg:

THOMAS JORDAN, Chief of Staff.

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HEADQUARTERS DEPARTMENT OF HENRICO, Richmond, July 16, 1862.

Prisoners of war.

In Richmond-
Officers236
Medical staff40
Rank and file7,571
In Lynchburg2,248
In Alabama592
In Salisbury, N. C.780
Total11,467

Those in Alabama and Salisbury are approximations, as changes have been made by the officers in command in Alabama and North Carolina which have not yet been reported.

A report has been called for from each of those places, which may be looked for very soon. The prisoners captured in the West and Southwest have never been reported here and I know nothing of them.

The list of paroled prisoners as far as heard from will be ready tomorrow.

Respectfully,

JNO. H. WINDER, Brigadier-General.

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NAVY DEPARTMENT, OFFICE OF ORDERS AND DETAIL, Richmond, July 16, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: In view of the contemplated exchange I have the honor to inclose herewith a list* of Confederate naval officers captured and held as prisoners of war by the United States Government. The Department is not in possession of the number of men captured, very incomplete returns having been made to it.

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

F. FORREST, Chief of Bureau, &c.

* Nominal list omitted; it included 1 captain, 1 commander, 13 lieutenants, 1 paymaster, 1 assistant paymaster, 6 acting masters, 1 midshipman, 3 acting midshipmen, 1 first assistant engineer, 5 second assistant engineers, 7 third assistant engineers, 1 master’s mate, 3 captain’s clerks, 1 paymaster’s steward, 1 gunner, 1 second gunner, 1 carpenter, 1 pilot. Total, 49.

{p.822}

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HEADQUARTERS DEPARTMENT OF NORTHERN VIRGINIA, Brig. Gen. J. H. WINDER. July 17, 1862.

GENERAL: The commanding general authorizes the employment of such forces as you have about Richmond if need be for the proper protection of the prisoners. He, however, further desires that measures may be adopted to prevent a recurrence of difficulties about bread, as its want is calculated to discredit us and naturally to exasperate the prisoners, who have a right to expect a sufficiency to appease hunger.

I am, general, respectfully, your obedient servant,

[R. H. CHILTON,] Assistant Adjutant-General.

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[Form 22.]

Invoice of subsistence stores (provision.) delivered by Capt. John M. Galt to Capt. J. V. L. Rodgers, assistant quartermaster for Federal prisoners at Fair Ground., Lynchburg, on the 17th day of July, 1862.

Articles.Quantity.Cost.Condition when transferred.
Baconpounds6,000$0.35Good.
Flourbarrels13810.00Good.
Beausbushels351.50Good.
Ricepounds1,400.031/2Good.
Sugardo1,680.35Good.
Saltbushels161.33Good.
Vinegargallons421/2.25Good.
Whiskydo103.55Good.

I hereby certify that I have this day transferred to Capt. J. V. L. Rodgers, assistant quartermaster of Federal prisoners, C. S. Army, the articles specified in the foregoing list.

JNO. M. GALT, Captain, Assistant Commissary of Subsistence, C. S. Army.

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HEADQUARTERS DEPARTMENT OF NORTHERN VIRGINIA, July 18, 1862.

Brig. Gen. JOHN H. WINDER, Commanding Department of Henrico.

GENERAL: Your letter* of the 16th was received last night and you were informed to use all the force at your command for the security of the prisoners. I request you will send me a return of the troops under your orders and their disposition, and whether they are sufficient for the purpose. I desire you also to make arrangements to supply the prisoners with their rations. I see no reason for their being in want of bread. There is plenty of flour in Richmond and with proper arrangements it could be baked.

I have the honor to be, your obedient servant,

R. E. LEE, General.

* Not found.

{p.823}

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HEADQUARTERS DEPARTMENT OF NORTH CAROLINA, Petersburg, Va., July 18, 1862.

Hon. G. W. RANDOLPH, Secretary of War, Richmond, Va.

SIR: Inclosed I have the honor to forward to you a communication received last evening from General McClellan, commanding the enemy’s forces on James River.

Very respectfully, your obedient servant,

S. G. FRENCH, Brigadier-General, Commanding.

[Inclosure.]

HEADQUARTERS ARMY OF THE POTOMAC, July 17, 1862.

Maj. Gen. TH. H. HOLMES, Commanding Department of North Carolina, Petersburg, Va.

GENERAL: I have the honor to acknowledge the receipt of your letter of the 15th instant making inquiry in regard to a report which has reached you that Lieut. Col. F. T. Nicholls, Eighth Louisiana Regiment, has recently been arrested within the lines of the U. S. forces in disguise and is to be treated as a spy. In reply I beg to say that I know nothing of the facts of the case. The arrest was certainly not made by any part of the troops of my command. I will, however, at once communicate your letter to the War Department and ask to be furnished with such information as it may have on the subject and will inform you of the result at the earliest possible moment.

I understand that there are a number of our officers-surgeons and chaplains-at Petersburg who have been unconditionally released and only await an opportunity to return to our lines. If this be so I shall be glad to send for them to City Point or elsewhere at any time you may designate.

Very respectfully, your obedient servant,

GEO. B. MCCLELLAN, Major-General, Commanding.

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OLD CAPITOL BUILDING, Washington, July 18, 1862.

Hon. J. R. TUCKER, Attorney-General State of Virginia.

MY DEAR SIR: By the above you will perceive that I am a prisoner. I am informed that I may be released by being exchanged for some citizen of Loudoun or Fairfax County, now under arrest in Richmond for disloyalty to the Southern Confederacy. Will you favor me by calling at the War Department and seeking to have such an exchange effected immediately. If this be impossible, perhaps the War Department will exchange me for some Federal chaplain or other prisoner, and let me go at once to Richmond and engage in my ministerial labors either in the camp or in the hospital as may appear desirable. If Mr. Charles Ball, our Senator, is in the city he will doubtless aid you. I have also a slight acquaintance with the officers of the troops quartered with us last winter. Alexander Brown, esq.,of the firm of Brown & McClelland, and Mr. Charles H. McMurran, of the firm of Bayne & McMurran, under the Spotswood House, will also join you in any effort to benefit me. You will please reply by your very earliest opportunity.

Sincerely yours,

CHARLES H. NOURSE.

P. S.-There are other citizens of the border counties with me in like circumstances who wait for your decision in my case.

{p.824}

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[JULY 18?, 1862.]

General D. H. HILL.

GENERAL: I return to you copy of agreement for exchange forwarded by you. I see no object with the present erasures, as it does not seem to differ materially from the agreement proposed, which was the cartel agreed upon between Great Britain and the United States, except in article 2. That article in the agreement before me strikes off a large class of non-combatants, and is silent as to the arrest of our citizens. I think it best to let it remain so, as the fear of arrest drives people beyond the lines of the enemy whose services would otherwise be lost to us, and the effect of such arrests upon the temper and feeling of the people is beneficial.

If the latter part of article 2 was stricken out with that view on your part I make no objection.

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

R. E. LEE, General, Commanding.

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HEADQUARTERS ARMY OF NORTHERN VIRGINIA, July 21, 1862.

Maj. Gen. D. H. HILL, Commanding Division, &c.

GENERAL: I herewith inclose you articles* of agreement for exchange of prisoners with proposed additions to second article, and a letter from General Lee.

I am, very respectfully, your obedient servant,

A. L. LONG, Colonel and Military Secretary.

* See p. 266.

[Inclosure No. 1.]

Proposed addition to second article of agreement for exchange of prisoners:

Private citizens shall not be arrested or confined except upon the charge of acting as spies, giving aid and comfort to the enemy, being turbulent and troublesome to the belligerent within whose lines they may be. And when such arrest shall be made the alleged offender shall be granted a speedy and fair trial, and if innocent shall be immediately released from confinement. All citizens hitherto taken by either party for offenses not above enumerated shall be immediately and unconditionally released.

[Inclosure No. 2.]

HEADQUARTERS ARMY OF NORTHERN VIRGINIA, July 21, 1862.

Maj. Gen. D. H. HILL, Commanding Division, &c.

GENERAL: You are authorized, should General Dix object to the proposed addition to the second article of agreement as it now stands in the general exchange of prisoners between the Confederate States and the United States of America, to sign and confirm all the rest of the articles which are purely of a military character and leave this (the second article) for future consideration and negotiation.

I am, very respectfully, your obedient servant,

R. E. LEE, General.

{p.825}

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, July 21, 1862.

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

Forty-three Federal officers captured at Murfreesborough left Knoxville to-day for Madison, Ga. Descriptive lists will be forwarded by mail to General Winder to-morrow.

E. KIRBY SMITH, Major-General, Commanding

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, July 21, 1862.

Brig. Gen. C. L. STEVENSON, Bean’s Station, via Morristown, Tenn.:

Open the letter for General Morgan sent with paroled prisoners by Captain Gholson. Copy the list of names with companies and regiments and forward to department headquarters.

By command of Maj. Gen. E. Kirby Smith:

J. F. BELTON, Captain and Assistant Adjutant-General.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, July 22, 1862.

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

GENERAL: If not conflicting with public interest I would ask that the Forty-second Regiment North Carolina Volunteers, now on prison duty at Lynchburg and Salisbury, be ordered to this department. I am induced to make this application, knowing Colonel Gibbs personally and believing his regiment, after an exchange of prisoners has been effected, will not be required for its present duty.

I am, respectfully, your obedient servant,

E. KIRBY SMITH, Major-General, Commanding.

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HEADQUARTERS, July 23, 1862.

General D. H. HILL, Commanding, &c.

GENERAL: I have received your letter* of this date accompanying the agreement for the exchange of prisoners. I hope it may be productive of good. I thank you for your efforts and management of the matter. It is silent I observe as to the treatment of citizens. What was the result of your negotiations in that respect? I will endeavor to have some one to meet the agent of General McClellan on Thursday.

You can repair to your command, where I will communicate with you when necessary. I wish you would see if you cannot harass or arrest the passage of the enemy’s transports on the James River by means of your long-range batteries supported by some infantry and cavalry. If you have not the proper guns let me know. Sharpshooters may also be {p.826} useful. Push the works around Drewry’s Bluff. Make every preparation for the advance of the enemy. See where the troops in your department are and how they can best be posted. I rely greatly upon your intelligence, energy and zeal With high respect, your obedient servant,

R. E. LEE, General.

P. S.-I do not like the first paragraph of article 3. It would seem that the capture of citizens on charges of disloyalty, &c., was recognized. Why was that introduced?

R. E. L.

* Not found.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, July 23, 1862.

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

GENERAL: By direction of Maj. Gen. E. Kirby Smith, commanding Department of East Tennessee, I forward to you lists of prisoners sent to Richmond, Va., Madison, Ga., and through the lines to Cumberland Gap. The last will be exchanged by General Morgan, of the Federal Army, for Confederate soldiers captured by his troops.

Very respectfully, your obedient servant,

H. L. CLAY, Assistant Adjutant-General.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, Tenn., July 24, 1862.

Col. W. M. CHURCHWELL, Provost-Marshal, Knoxville, Tenn.

COLONEL: I am directed by the major-general commanding to say that you will order the assistant provost-marshals of the department whenever an arrest is made to send up with the prisoner a statement of the case accompanied with the names of the witnesses cognizant of the facts upon which the arrest is made. In every instance these papers will be sent up for the consideration of the major-general commanding.

Very respectfully, your obedient servant,

H. L. CLAY, Assistant Adjutant-General.

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RICHMOND, VA., July 25, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: In obedience to instructions I started early this morning for Aiken’s and reached there at 11 a.m. At 12 m. Colonel Sweitzer and Colonel Wright, two of General McClellan’s aides, arrived. They handed to me the inclosed communication. They appeared to be familiar with its contents. Upon reading it I inquired if they could tell me with any reasonable certainty when the agent might be expected to appear at his post. They told me they could not, and repeated the assurance given in the communication that General McClellan would urge their immediate appointment.

Respectfully, your obedient servant,

ROBERT OULD, Agent.

{p.827}

[Inclosure.]

HEADQUARTERS ARMY OF THE POTOMAC, July 25, 1862.

AGENTS FOB THE EXCHANGE OF PRISONERS, Aiken’s.

GENTLEMEN: I have just learned that you will reach Aiken’s at noon to-day expecting to meet there our agents for the exchange of prisoners. I regret to have to inform you that so far as I am aware no agents have yet been appointed for the purpose by our Government, but I have urged their immediate appointment and will at once repeat the request. I will advise General Lee of their appointment and the time when the meeting can take place, which I trust may be within a very brief period.

Very respectfully, your obedient servant,

GEO. B. MCCLELLAN, Major-General, Commanding.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, July 25, 1862.

Col. J. J. FINLEY, Sixth Regiment Florida Volunteers.

COLONEL: The guard will deliver over to you J. P. Alley, a prisoner suspected of being a spy of the enemy. The major-general commanding directs me to say that he wishes him kept in closest guard beyond the possibility of escape, and if a single gun be fired by the enemy to-morrow morning the guard will be instructed by you to shoot the prisoner immediately, putting him to death.

Very respectfully, your obedient servant,

H. L. CLAY, Assistant Adjutant-General.

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GRENADA, MISS., July 27, 1862.

Hon. G. W. RANDOLPH, Secretary of War, Richmond, Va.

SIR: I see by the newspapers that a general exchange of prisoners is about to be effected, and as the enemy have a class of prisoners in the West which they may not have elsewhere and whose cases may require some especial agreement I feel it my duty to call your attention to them. There are a number of persons now confined in the military prisons of Alton, Chicago and Saint Louis who were officers and soldiers, but whose terms of enlistment had expired and who had been discharged, but who were nevertheless taken by the enemy in Missouri because it was known that they were Southrons and would probably re-enlist in the C. S. Army. These persons are held as prisoners of war, not as citizens, and are subject to exchange.

My brigade of Missouri State Guard was disbanded in December, 1861, preparatory to a reorganization in the Confederate service in January. During the interval several hundred were captured, some of whom were paroled and many retained who will immediately enter the service upon being exchanged or released by order. Another class who will deserve attention are persons who having received the authority to raise companies and regiments, were captured before their complement of men had been raised and consequently before a legal organization had been had. These gentlemen are held as regular officers and the {p.828} enemy will require regular officers in exchange unless their status be arranged in the cartel.

Hoping that I have not trespassed upon your valuable time, I am, yours, most respectfully,

M. JEFF. THOMPSON, Brig. Gen., Missouri State Guard, on Special Service, C. S. Army.

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PETERSBURG, July 27, 1862.

Hon. G. W. RANDOLPH.

MY DEAR SIR: I have this morning heard that my father and some others of the most reputable citizens of Fredericksburg have within a few days been arrested and carried to Washington, to be held it is said as hostages for some Union men arrested by our military authorities. It is rumored here that Major-General Hill, our commissioner for effecting an exchange of prisoners, has insisted upon the unconditional release of all non-combatants arrested by the enemy and a stipulation against further arrests as a sine qua non to any negotiation and that the enemy are now holding that under advisement. I trust that it is so and that it will be insisted upon by our Government. Invaded as we are, with those near and dear to almost every soldier in our service from every State in the Confederacy exposed to seizure and imprisonment, it is a matter in which we all feel the deepest solicitude. Better far, infinitely better, to have no exchange of prisoners at all than to have our families thus exposed and to have an old man left to be seized and imprisoned at the pleasure of a cruel and unscrupulous enemy. I hope that some means will be taken to effect their speedy release.

I know you will excuse my troubling you when, besides the concern that a son would always feel under such circumstances, I tell you that my father is a man of seventy years of age and very infirm health, to whom daily exercise in the open air is a necessity and who will be killed-murdered-by confinement. My mother is nearly as old. My sisters, my wife and little children are left without any one to look after them in Fredericksburg. I know you will do what may be in your power. May God prosper your efforts.

Very truly and faithfully, yours,

W. S. BARTON.

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EXECUTIVE DEPARTMENT, Richmond, Va., July 28, 1862.

Hon. GEORGE W. RANDOLPH, Secretary of War.

SIR: I present for your consideration some questions of much interest and importance to the people of Virginia and will be pleased to have your views at as early a day as practicable.

1. The Code of Virginia (edition of 1860), chapter 190, page 783, treats of offenses against the sovereignty of the State. The first section of this act defines treason, declares how the offense is to be proved and affixes the punishment of death. The second section relates to misprision of treason and affixes the punishment. The third section relates to attempting or instigating others to establish a usurped government within the limits of this Commonwealth. Under this act John Brown and his associates in crime were indicted, tried, convicted and executed. I am informed and believe it to be true {p.829} that General Jackson captured quite a number of men raised for the Lincoln army in Northwestern Virginia, with the approbation and under the authority of the usurped government which has been inaugurated in that section of the State. Many of the men so captured are native Virginians and all of them are citizens owing allegiance to the lawful government of the State. These men thus found in arms have been guilty of treason against this Commonwealth and richly deserve the punishment which the law attaches to their crime. I request therefore that these men be turned over to the State authorities to be tried for treason under this act of the General Assembly.

2. The fourth section of this same act declares the punishment for advising or conspiring with a slave to rebel or make insurrection. For more than a year past the officers and soldiers of Lincoln’s army have been within the limits of Virginia stimulating slaves to resist the laws of the Commonwealth and encouraging them to abscond from their lawful owners. They have used every appliance to array them in hostility against the people of Virginia and to induce them to aid in the prosecution of this wicked and infamous war which is being carried on against us, violating both in letter and spirit this section of our statute. At this time we have a large number of officers captured in the recent battles on the Chickahominy, all of which I believe took place in Henrico County. There can be no question therefore in regard to the question of jurisdiction in these cases. I request therefore that some of the more prominent officers may be turned over for indictment and trial for violating the fourth section of the act referred to. If these persons have violated our State law and a jury shall so find, then they deserve and should receive such punishment as the law prescribes.

There is an additional question. Private citizens engaged in agricultural, mechanical and professional pursuits who have not taken up arms during the war have been seized, torn from their homes and families and carried to remote points where they have been imprisoned and many of them have been harshly treated. In the negotiations now pending for an exchange of prisoners could not a clause be inserted which would prevent the repetition of such outrages?

Respectfully,

JOHN LETCHER.

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OLD CAPITOL PRISON, Washington, July 30, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: We, the undersigned, are held here by the Federal Government of the United States (having been arrested for that purpose) as hostages for Charles Williams, of Fredericksburg, and Peter Couse, Moses Morrison and Thomas Morrison, of Spotsylvania County. We are all citizens of Fredericksburg, having families at home who are rendered very uncomfortable by our absence. If therefore no important policy of the Confederate authorities would be violated by the release of said Charles Williams, Couse and the two Messrs. Morrison we would respectfully ask that they be released that we may also be released by the Federal authorities. We are assured that in case Williams, &c., should be released we will be. A petition in behalf of Several of us was sent to Richmond from Fredericksburg. The last one of the list was arrested after that petition was forwarded, and besides we are not sure that the petition reached your Department as {p.830} the messenger has not been heard from. We shall try to forward this by a flag of truce and hope our application will be considered at your earliest convenience. Permit us to refer to Rev, J. B. Jeter, D. D.; Rev, T. Y. Moore, D. D.; Hon. R. M. T. Hunter, Hon. D. C. de Jarnette, Rev, Moses D. Hoge, D. D.; Commander M. F. Maury, Dr. John P. Little, Dr. B. R. Wellford, B. R. Wellford, jr., and D. H. Gordon, esq., and Hon. William Smith.

CHARLES C. WELLFORD. THOMAS F. KNOX. B. T. GILL. JAMES MCGUIRE. JAS. H. BRADLEY. W. S. BROADDUS.

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GENERAL ORDERS, No. 53.}

WAR DEPARTMENT, ADJT. AND INSP. GENERAL’S OFFICE, Richmond, Va., July 31, 1862.

...

III. Paragraph I, General Orders, No. 44, current series, is hereby revoked, and all paroled prisoners whose regiments are in the East will report at Richmond, Va., and those whose regiments are in the West, at Vicksburg, Miss.

IV. All seizures and impressments of any description of property whatever and especially of arms and ordnance stores belonging to the States of the Confederacy are hereby prohibited, and officers of the C. S. Army are enjoined to abstain carefully from such seizures and impressments, and in case they are made by mistake such officers are ordered to make prompt restitution.

By command of the Secretary of War:

S. COOPER, Adjutant and Inspector General.

–––

RICHMOND, VA., July 31, 1862.

General ROBERT E. LEE, Commanding, &c.

SIR: On the 22d of this month a cartel for a general exchange of prisoners of war was signed between Maj. Gen. D. H. Hill, in behalf of the Confederate States, and Maj. Gen. John A. Dix, in behalf of the United States.

By the terms of that cartel it is stipulated that all prisoners of war hereafter taken shall be discharged on parole until exchanged.

Scarcely had that cartel been signed when the military authorities of the United States commenced a practice changing the character of the war from such as becomes civilized nations into a campaign of indiscriminate robbery and murder.

The general orders issued by the Secretary of War of the United States in the city of Washington on the very day that the cartel was signed in Virginia directs the military commanders of the United States to take the private property of our people for the convenience and use of their armies without compensation.

The general orders issued by Major-General Pope on the 23d of July, the day after the signing of the cartel, directs the murder of our peaceful inhabitants as spies if found quietly tilling their farms in his rear, even outside of his lines, and one of his brigadier-generals, Steinwehr, {p.831} has seized upon innocent and peaceful inhabitants to be held as hostages to the end that they may be murdered in cold blood if any of his soldiers are killed by some unknown persons whom he designates as

Under this state of facts this Government has issued the inclosed general orders recognizing General Pope and his commissioned officers to be in the position which they have chosen for themselves-that of robbers and murderers and not that of public enemies entitled if captured to be considered as prisoners of war.

We find ourselves driven by our enemies by steady progress toward a practice which we abhor and which we are vainly struggling to avoid. Some of the military authorities of the United States seem to suppose that better success will attend a savage war in which no quarter is to be given and no [age or] sex to be spared than has hitherto been secured by such hostilities as are alone recognized to be lawful by civilized men in modern times.

For the present we renounce our right of retaliation on the innocent and shall continue to treat the private enlisted soldiers of General Pope’s army as prisoners of war, but if after notice [has been given] to the Government at Washington of our confining repressive measures to the punishment only of commissioned officers who are willing participants in these crimes these savage practices are continued we shall reluctantly be forced to the last resort of accepting the war on the terms chosen by our foes until the outraged voice of a common humanity forces a respect for the recognized rules of war.

While these facts would justify our refusal to execute the generous cartel by which we have consented to liberate an excess of thousands of prisoners held by us beyond the number held by the enemy a sacred regard to plighted faith, shrinking from the mere semblance of breaking a promise, prevents our resort to this extremity. Nor do we desire to extend to any other forces of the enemy the punishment merited alone by General Pope and such commissioned officers as choose to participate in the execution of his infamous orders.

You are therefore instructed to communicate to the Commander-in-Chief of the Armies of the United States the contents of this letter and a copy of the inclosed* general orders, to the end that he may be notified of our intention not to consider army officers hereafter captured from General Pope’s army as prisoners of war.

Very respectfully, yours, &c.,

JEFFERSON DAVIS.

* Reference is to General Orders, No. 54, August 1, p. 836.

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HEADQUARTERS TRANS-MISSISSIPPI DISTRICT, South of Red River, San Antonio, July 31, 1862.

Brig. Gen. H. H. SIBLEY, C. S. Army, Commanding Army of New Mexico.

GENERAL: There are in this military district some 284 Federal prisoners subject to exchange or being placed under parole. Should it meet with your approbation, immediate measures can be taken to exchange a number of them against such of your command as may be prisoners in New Mexico or elsewhere under parole.

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

P. O. HÉBERT, Brigadier-General, Provisional Army, C. S.

{p.832}

[Form 2.]

Abstract of provisions issued from the 1st of July, 1862, to the 31st of July, 1862, to prisoners of war stationed [confined] at Lynchburg, Va., by Capt. J. V. L. Rodgers, acting assistant quartermaster and assistant commissary of subsistence.

(NOTE.-The fractional parts of a pound must be stated in reducing to bulk.)

Date.Number of return.Number of men.Number of women.Number of days drawn for.Commencing-Ending-Rations.
Fresh beef.Bacon.Flour.Beans.
July 112,26023July 1July 32,2624,5246,786
July 422,33523July 4July 64,6742,3377,011
July 732,33523July 7July 92,3374,6747,011
July 1042,34623July 10July 122,3484,6967,0447,044
July 1352,35423July 13July 154,7122,3567,0682,356
July 1662,35423July 16July 182,3564,7127,0687,068
July 1972,40823July 19July 214,8202,4107,2307,230
July 2282,46123July 22July 242,4634,9267,389
July 2592,50223July 25July 272,5045,0087,5127,512
July 28102,50224July 28July 315,0085,00810,0162,504
Total number of rations33,48440,65174,13533,714
Date.Rations.
Rice.Coffee.Sugar.Vinegar.Candles.Soap.Salt.
July 16,7864006,7862,0005,0006,786
July 47,0117,0115007,011
July 77,0117,0112,0007,011
July 107,0441,0007,044
July 134,7122,0007,068
July 167,0687,068
July 197,2302,0001,0007,230
July 227,3897,3897,389
July 252507,512
July 237,51210,0162,0001,00010,016
Total number of rations.40,42140059,80510,0003,0005,50074,135
Quantity in bulk.
Bbls.lbs.oz.Bush.qts.Galls.
Fresh beef33,4840
Bacon24,3258
Flour42510114
Beans849
Rice4,0421
Coffee240
Sugar7,1769
Vinegar100
Candles450
Soap2200
Salt4610

I hereby certify that I have carefully compared the above abstract with the original returns now in my possession and find that they amount to 33,484 rations of fresh beef, 40,651 rations of bacon, 74,135 rations of flour, 33,714 rations of beans, 40,421 rations of rice, 400 rations of coffee, 59,805 rations of sugar, 10,000 rations of vinegar, 3,000 rations of candles, 5,500 rations of soap, 74,135 rations of salt.

GEO. C. GIBBS, Colonel Forty-second North Carolina Regiment, Commanding.

{p.833}

[Form 4.]

Abstract of extra issues to prisoners of war at Lynchburg, Va., during the month of July by Capt. J. V. L. Rodgers, acting assistant quartermaster and assistant commissary of subsistence.

Date.Number of return.Candles.Whisky.
Pounds.Gallons.
July 1812
July 2022
July 2432
July 3130
Total306

I certify on honor that I issued for the use of the hospital for prisoners of war during the month of July, 1862, thirty pounds candles and six gallons whisky.

J. V. L. RODGERS, Capt., Actg. Asst. Quartermaster and Commissary of Subsistence.

I certify that I have carefully compared the above abstract with the original returns now in my possession and find that they amount to six gallons of whisky and thirty pounds of candles.

GEO. C. GIBBS, Colonel Forty-second North Carolina Regiment, Commanding.

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EXCHANGE HOTEL, Richmond, Va., July 31, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

DEAR SIR: I inclose herewith a communication from Major Coffey, of the U. S. Army, who is here on parole to obtain an exchange for himself. Since no special exchange of prisoners will be recognized by the Government and no rule for a general exchange having as yet been agreed upon by the two Governments he desires to return home to Kentucky on parole until such general rule may be agreed upon. I know Major Coffey well. He is an honorable man and will adhere strictly to his pledge in my opinion. I had too this morning a long conversation with him, and in my judgment he will in nowise prejudice our cause should he return home.

Respectfully, &c.,

W. E. SIMMS.

[Indorsement.]

Should a general exchange not be effected shortly the circumstance of Major Coffey’s case will be inquired into, and if he can be paroled and allowed to return home it will be done.

G. W. R.

[Inclosure.]

EXCHANGE HOTEL, Richmond, Va., July 8, 1862.

General WINDER.

SIR: This will be handed you by Hon. Colonel Simms, of Kentucky, a member of Congress (it is a true statement of my case), requesting that you permit him to deliver it to the Secretary of War. I was captured by Col. J. H. Morgan the 12th of May last at Cave City, Ky., on {p.834} the cars while traveling from Louisville to Nashville. I was paroled by Colonel Morgan the next morning with the understanding that in ease I failed to release Lieut. Col. Robert C. Wood that I was to report to him. I immediately went to Nashville, where Colonel Wood then was. General Dumont, then in command of that post, could do nothing in regard to the exchange. I then went to Washington City and laid my case before the Secretary of War, and I at one time thought my exchange effected, but Doctor Wood, the father of Colonel Wood, interposed and I was beaten. I then returned to Nashville by the way of my home in Kentucky, leaving my wife on a bed of sickness from which I fear she has not recovered. I have not heard from home since I left. As soon as I reached Nashville I obtained a pass and set out to report to Colonel Morgan. I crossed the Tennessee River at Courtland. Not finding Colonel Morgan there I recrossed the river at the same place and went to Huntsville, and from thence to Chattanooga, where I learned that Colonel Morgan had gone to Knoxville. My arrival at Chattanooga was telegraphed to General Smith, of Knoxville, who ordered me to report there, which I did. I remained there a few days and was then ordered by General Smith to report to Adjutant-General Cooper, of this city, where I arrived on Sunday, June 29, and have been confined to my hotel ever since, part of the time very sick. I think I have given you a true statement of my case, and now all I ask is if I cannot be exchanged at this time that I be allowed to go home and there remain until I am exchanged. I will honor my parole as much there as I will here.

Hoping that you will comply with my request, I subscribe myself, respectfully, your obedient servant,

W. A. COFFEY.

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HEADQUARTERS ARMY OF VALLEY DISTRICT, July 31, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: The cartel for a general exchange of prisoners having been agreed upon I hasten respectfully to urge upon you the importance of having those of our men who were taken at the battle of Kernstown on the 23d of March released as soon as possible. Apart from the fact that their treatment in Fort Delaware has already caused much sickness and some mortality amongst them, they were among the very best soldiers in our army and their addition to our ranks at this time will be of more service than to have five times the same number of recruits. Most of the prisoners referred to are constituents of mine and I am of course naturally solicitous to procure their speedy discharge.

I am, very respectfully, your obedient servant,

A. R. BOTELER.

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HEADQUARTERS, Knoxville, July 31, 1862.

Col. W. M. CHURCHWELL, Provost-Marshal.

COLONEL: The commanding general directs that you inform me what publications have been made from your office or the offices of the deputy provost-marshals in relation to Confederate currency.

I am, sir, respectfully, your obedient servant,

E. CUNNINGHAM, Lieutenant and Acting Aide-de-Camp.

{p.835}

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HEADQUARTERS, &c., July 31, 1862.

Lieut. E. CUNNINGHAM, Acting Aide-de-Camp:

There have been no publications from this office in regard to Confederate currency, and I have not been apprised of any having been made from the offices of any of the deputy provost-marshals.

Very respectfully,

W. M. CHURCHWELL, Colonel and Provost-Marshal. R. F. FULKERSON, Assistant Provost-Marshal.

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RICHMOND, VA., August 1, 1862.

General R. E. LEE, Commanding, &c.

SIR: On the 29th of June last you were instructed by the Secretary of War to make inquiries of the general commanding the U. S. forces relative to alleged murders committed on our citizens by officers of the U. S. Army, and the cases of William B. Mumford, reported to have been murdered at New Orleans by order of Maj. Gen. B. F. Butler, and Col. John L. Owen, reported to have been murdered in the same manner in Missouri by order of Major-General Pope, were specially referred to. The inquiries thus made by you of Major-General McClellan were referred by that officer to his Government for reply but no answer has yet been received. We have since been credibly informed that numerous other officers of the armies of the United States have within the Confederacy been guilty of felonies and capital offenses which are punishable by all law human and divine. A few of those best authenticated are brought to your notice.

The newspapers received from the enemy’s country announce as a fact that Major-General Hunter has armed slaves for the murder of their masters and has thus done all in his power to inaugurate a servile war which is worse than that of the savage, inasmuch as it superadds other horrors to the indiscriminate slaughter of all ages, sexes and conditions. Brigadier-General Phelps is reported to have imitated at New Orleans the example set by General Hunter on the coast of South Carolina. Brig. Gen. [Col.] G. N. Fitch is stated in the same journals to have murdered in cold blood two peaceful citizens because one of his men while invading our country was killed by some unknown person defending his home. You are now instructed to repeat your inquiries relative to the cases of Mumford and Owen, and further to ask of the commanding general of the enemy whether the statements in relation to the action of General Hunter, General Phelps and General [Colonel] Fitch are admitted to be true, and whether the conduct of these generals is sanctioned by their Government.

You will further give notice that in the event of our failure to receive a reply to these inquiries within fifteen days from the delivery of your letter we shall assume that the alleged facts are true and are sanctioned by the Government of the United States. In such event on that Government will rest the responsibility of the retributive or retaliatory measures which we shall adopt to put an end to the merciless atrocities which now characterize the war waged against us.

Very respectfully, yours, &c.,

JEFFERSON DAVIS.

{p.836}

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GENERAL ORDERS, No. 54.}

WAR DEPARTMENT, ADJT. AND INSP. GENERAL’S OFFICE, Richmond, August 1, 1862.

I. The following orders are published for the information and observation of all concerned:

II. Whereas, by a general order dated the 22d of July, issued by the Secretary of War of the United States, under the order of the President of the United States, the military commanders of that Government within the States of Virginia, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Texas and Arkansas are directed to seize and use any property, real or personal, belonging to the inhabitants of this Confederacy which may be necessary or convenient for their several commands and no provision is made for any compensation to the owners of private property thus seized and appropriated by the military commanders of the enemy;

III. And whereas, by General Orders, No. 11, issued on the 23d of July, 1862, by Major-General Pope, commanding the forces of the enemy in Northern Virginia, it is ordered that all-

Commanders of army corps, divisions, brigades and detached commands will proceed immediately to arrest all disloyal male citizens within their lines or within their reach in rear of their respective commands. Such as are willing to take the oath of allegiance to the United States and will furnish sufficient security for its observance shall be permitted to remain at their homes and pursue in good faith their respective avocations. Those who refuse shall be conducted south beyond the extreme pickets of this army and be notified that if found again anywhere within our lines or at any point in rear they will be considered spies and subject to extreme rigor of military law. If any person having taken the oath of allegiance as above specified be found to have violated it he shall be shot and his property seized and applied to the public use;

IV. And whereas, by an order issued on the 13th of July, 1862, by Brig. Gen. A. Steinwehr, Maj. William Stedman, a cavalry officer of his brigade, has been ordered to arrest five of the most prominent citizens of Page County, Va., to be held as hostages and to suffer death in the event of any of the soldiers of said Steinwehr being shot by bushwhackers, by which term are meant the citizens of this Confederacy who have taken up arms to defend their homes and families;

V. And whereas, it results from the above orders that some of the military authorities of the United States not content with the unjust and aggressive warfare hitherto waged with savage cruelty against an unoffending people and exasperated by the failure of their effort to subjugate them have now determined to violate all the rules and usages of war and to convert the hostilities hitherto waged against armed forces into a campaign of robbery and murder against unarmed citizens and peaceful tillers of the soil;

VI. And whereas, this Government, bound by the highest obligations of duty to its citizens, is thus driven to the necessity of adopting such measures of retribution and retaliation as shall seem adequate to repress and punish these barbarities; and whereas, the orders above recited have only been published and made known to this Government since the signature of a cartel for exchange of prisoners of war, which cartel in so far as it provides for an exchange of prisoners hereafter captured would never have been signed or agreed to by this Government if the intention to change the war into a system of indiscriminate murder and robbery had been made known to it; and whereas, a just regard to humanity forbids that the repression of crime which this Government is thus compelled to enforce should be unnecessarily extended to retaliation on the enlisted men in the army of the United States who may be the unwilling instruments of the savage cruelty of their commanders, {p.837} so long as there is hope that the excesses of the enemy may be checked or prevented by retribution on the commissioned officers, who have the power to avoid guilty action by refusing service under a Government which seeks their aid in the perpetration of such infamous barbarities:

VII. Therefore, it is ordered that Major-General Pope, Brigadier-General Steinwehr and all commissioned officers serving under their respective commands, be, and they are hereby, specially declared to be not entitled to be considered as soldiers, and therefore not entitled to the benefit of the cartel for the parole of future prisoners of war. Ordered further, that in the event of the capture of Major-General Pope or Brigadier-General Steinwehr, or of any commissioned officer serving under them, the captive so taken shall be held in close confinement so long as the orders aforesaid shall continue in force, and unrepealed by the competent military authorities of the United States, and that in the event of the murder of any unarmed citizen or inhabitant of this Confederacy by virtue or under pretext of any of the orders hereinbefore recited, whether with or without trial, whether under the pretense of such citizen being a spy or hostage, or any other pretense, it shall be the duty of the commanding general of the forces of this Confederacy to cause to be immediately hung, out of the commissioned officers prisoners as aforesaid, a number equal to the number of our own citizens thus murdered by the enemy.

By order:

S. COOPER, Adjutant and Inspector General.

[Form 2.]

Abstract of provisions issued from the 1st of August, 1865, to the 17th of August, 1865, to prisoners of war stationed [confined] at Lynchburg, Pa., by Capt. J. V. L. Rodgers, acting assistant quartermaster and assistant commissary of subsistence.

(NOTE.-The fractional parts of a pound must be stated in reducing to bulk.)

Date.Number of return.Number of men.Number of women.Number of days drawn for.Commencing-Ending-Rations
Mutton.Fresh beef.Bacon.Flour.Rice.Sugar.Candles.Soap.Salt.
Aug. 112,50223Aug. 1Aug. 32,5045,0087,5125,0007,5127,512
Aug. 422,58225Aug. 4Aug. 83,7538,76712,5203,5002,5045,00812,520
Aug. 832,52122Aug. 9Aug. 102,5252,5255,0502,5251,2135,050
Aug. 1141,02325Aug. 11Aug. 156767223,7375,1351,7502,5665,0005,135
Aug. 1651,03122Aug. 16Aug. 172,0662,0608002,066
Total number of rations6769,50422,10332,28310,25012,5413,36611,22132,283
Quantity in bulk.
Bbls.lbs.oz.Bush.qts.
Mutton6760
Fresh beef9,5040
Bacon11,0568
Flour185586
Rice1,0250
Sugar1,50414
Candles4515
Soap4490
Salt205

REMARKS-Fifteen hundred prisoners of war sent to Richmond August 10; 1,033 sent to Richmond on 16th.

{p.838}

I hereby certify that I have carefully compared the above abstract with the original returns now in my possession and find that they amount to 9 504 rations of beef 676 rations of mutton, 22,103 rations of bacon, 32,283 rations of flour, 10,250 rations of rice, 12,541 rations of sugar, 3,366 rations of candles, 11,221 rations of soap, 32,283 rations of salt.

GEO. C. GIBBS, Colonel Forty-second North Carolina Regiment, Commanding.

[Form 4]

Abstract of extra issues to the prisoners of war at Lynchburg, Va., during the month of August by Capt. J. V. L. Rodgers, acting assistant quartermaster and assistant commissary of subsistence.

Date.Number of return.Number of rations.Salt.Whisky.
Bush.Qts.Gallons.
August 214
August 1821,5001313
Total13134

I certify on honor that I issued to the prisoners of war at this post during the months of July and August 21,500 rations of salt in addition to the regular ration, on account of the large amount of fresh beef issued. The weather being very warm it was absolutely necessary to make this extra issue to keep the beef from spoiling. The whisky was issued on requisition of the surgeon-in-charge for the use of the sick in the Yankee hospital.

J. V. L. RODGERS, Captain and Actg. Asst. Quartermaster for Prisoners of War.

I certify that I have carefully compared the above abstract with the original returns now in my possession and find that they amount to 21,500 rations of salt and 4 gallons of whisky.

GEO. C. GIBBS, Colonel Forty-second North Carolina Regiment, Commanding.

–––

RICHMOND, August 2, 1862.

General R. E. LEE, Commanding, &c.

GENERAL: In reply to your note* of this date I would state that, having confidence in your experience and knowledge of the best method of conducting a correspondence relating to military matters, I leave it to your judgment to decide upon the mode of forwarding the communications in question. It was my intention that copies of the letters inclosed to you should be embodied in your own letter to the Federal general, but if you think it better to modify the arrangement I will be glad to have you do so.

Very respectfully, yours,

JEFF’N DAVIS.

* Not found.

{p.839}

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HEADQUARTERS DEPARTMENT OF NORTHERN VIRGINIA, August 2, 1862.

Maj. Gen. D. H. HILL, Commanding Department of North Carolina.

GENERAL: A letter from General McClellan informs me that our prisoners at Fort Warren were to leave that place July 31 on the steamer Ocean Queen for James River; also that the prisoners from Fort Delaware were expected at Westover in a day or two. In firing on the enemy’s fleet in the river caution will be necessary so as not to inflict loss on the returning prisoners.

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

R. E. LEE, General.

–––

HDQRS. DEPARTMENT OF SOUTHWESTERN VIRGINIA, Salt Sulphur Springs, August 2, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: I have the honor to inclose two communications, one from Col. George Crook, commanding Federal forces at Meadow Bluff. In the recent dash made by our cavalry we captured the notorious spy and bridge burner, Dr. Wm. P. Rucker, and in retaliation they have arrested three of the most respectable citizens of Greenbrier to be detained as hostages.

I would most respectfully request that the prisoners captured by us in our last raid, as they are nearly all Virginians, be retained as hostages until the release of Messrs. McClung, Tuckwiler and Handley if the facts prove the truth of the inclosed statement. I will immediately adopt means to find out if such be the case and inform you at once. We have sent the prisoners taken by Major Bailey to Lynchburg.

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

W. W. LORING, Major-General, Commanding.

[First indorsement.]

Respectfully submitted to the President for his information.

G. W. RANDOLPH, Secretary of War.

[Second indorsement.]

Communicate to General Loring the action which the Government has taken so that he may see the policy adopted in relation to the prisoners of war. Retaliation by hanging our disloyal citizens does not seem to me a remedy which should be adopted [by] which we may hope to inflict punishment on Yankees.

J. D.

[Third indorsement.]

Inclose President’s indorsement to General Loring and inform him that the orders referred to by the President were published in the papers and will be communicated to him. They refer to General Pope’s army.

G. W. RANDOLPH, Secretary of War.

{p.840}

[Inclosure No.]

LEWISBURG, VA., August 1, 1862.

COLONEL COMMANDING FORCES, Salt Sulphur Springs

SIR: The Federal cavalry this day arrested Messrs. Samuel McClung, Samuel Tuckwiler and Austin Handley, citizens of the county, to be held as hostages for Mr. Wm. P. Bucker, lately taken by our cavalry at Summersville. They report that they are to be treated in the same manner as the said Rucker.

F. M. FRAZIER. P. BEIRNE. WM. N. ANDERSON. N. C. HENDRICK.

[Inclosure No. 2.]

HEADQUARTERS THIRD PROVISIONAL BRIGADE, Meadow Bluff, August 1, 1862.

Mr. C. R. HINES, Palestine, Va.

SIR: You are required either to report yourself here, take the oath of allegiance to the United States, giving as bonds for your faithful observance of the same all of your property, or to move your family, &c., south of the Greenbrier River, and if again seen on this side of the river you will be regarded as spies and treated accordingly.

You will be given until Monday noon, the 4th, to make up your mind.

GEORGE CROOK, Colonel, Commanding.

–––

PETERSBURG, August 4, 1862.

Hon. G. W. RANDOLPH, Secretary of War:

Four thousand of our men, prisoners, will be at City Point to-night early.

S. G. FRENCH.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, Tenn., August 5, 1862.

Brig. Gen. T. J. CHURCHILL, London, Tenn.:

Let the commissary and quartermaster take the necessary supplies, and if Confederate money is refused in payment arrest those refusing.

By command of Maj. Gen. E. Kirby Smith:

J. F. BELTON, Assistant Adjutant-General.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, Tenn., August 5, 1862.

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

GENERAL: By direction of the major-general commanding I forward to you lists* of commissioned officers, non-commissioned officers and privates captured near Nashville and paroled by him. Also of one commissioned officer paroled to report to Major-General McCown, at Chattanooga, and since sent to Madison, Ga.

Respectfully, your obedient servant,

J. F. BELTON, Assistant Adjutant-General.

* Not found.

{p.841}

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SPECIAL ORDERS, No. 182.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, August 6, 1862.

...

XII. All officers and men exchanged under the cartel of exchange arriving in James River will report immediately to the commandants of their respective regiments if they are near Richmond; otherwise they will report to Brig. Gen. John H. Winder, commanding Department of Henrico, who will furnish them with quarters and subsistence until transportation can be given to their regiments.

...

XXII. The senior officer among the exchanged prisoners of each regiment will make out the payrolls of the exchanged prisoners of his regiment without delay. The exchanged non-commissioned officers and privates will report to said officers of their respective regiments for the purpose of having their names entered upon the pay-rolls.

By command of the Secretary of War:

JNO. WITHERS, Assistant Adjutant-General.

–––

HEADQUARTERS, New Market, Va., August 7, 1862.

General S. COOPER, Ad and Inspector General.

GENERAL: If it has not been done I recommend a general order to be at once published directing all exchanged officers among the returned prisoners of war belonging to the Army of Northern Virginia, Valley District and the Department of North Carolina at once to report to the respective commanders of each, the rest to your office; or perhaps all had better report to your office, then you can order them where they belong as soon as exchanged.

Very respectfully, your obedient servant,

R. E. LEE, General.

–––

WAR DEPARTMENT, Richmond, August 8, 1862.

General BRAXTON BRAGG, Commanding Department No. 2.

GENERAL: Under the cartel for an exchange of prisoners recently concluded between the United States and the Confederate States we are informed that about 15,000 exchanged prisoners will soon be delivered at Vicksburg. I have given directions to the Quartermaster and Commissary Generals to make provision for their subsistence and payment, and I have notified General Van Dorn of their expected arrival.

Furloughs cannot now be granted to them, owing to the exigencies of the service, and it is the wish of the Department that they should be placed in the field as soon as possible. Most of them belong to the forces under your command and I must request you to reorganize and prepare them for service. The reorganization required by the conscription act will be carried out.

The general officers have been directed to report to you for orders and will receive instructions from you as to their duties.

The captured regiments are borne on the books of the Adjutant-General as if they had not been taken, and it is very desirable therefore to preserve the existing organizations as far as possible. This will no doubt be consonant to the wishes of the troops themselves. The paroled prisoners of the Western Army have been ordered to rendezvous at Vicksburg for the purpose of meeting the others, but this order {p.842} is not intended to trammel you in the reorganization. You will therefore change the point of rendezvous if you think proper, and make such disposition both of paroled and exchanged prisoners as will be most conducive to their health and the good of the service. Under the cartel two agents are to be appointed on each side to carry it into execution. Mr. Robert Ould, of Richmond, is the principal agent, and a subordinate agent will be sent to Vicksburg who will receive his instructions from Mr. Ould.

They will announce in the papers the completion of the exchange, and immediately on such announcement the troops may enter upon active service. Until such announcement they may be engaged in preparations to organize.

We shall endeavor to furnish you arias for them, but so many of the captured arms require repair that a month may elapse before the whole number can be supplied.

General Tilghman will deliver this letter and will report to you for orders as to the reorganization of his brigade.

Very respectfully, your obedient servant,

GEO. W. RANDOLPH, Secretary of War.

–––

RICHMOND, August 8, 1862.

Maj. Gen. EARL VAN DORN, Vicksburg:

Under the cartel of exchange about 15,000 exchanged prisoners will soon be landed at Vicksburg. The cartel provides for the appointment of two agents on each side to superintend the exchange at the points of delivery. One agent on our side has been appointed, Mr. Robert Ould, who will remain here and be the principal. I desire to appoint a subordinate agent at Vicksburg who will receive his instructions from Mr. Ould. He should be a good writer, as he is to conduct the correspondence with the agent on the other side, and he should be acquainted with military usages. Among the retired officers a fit man may probably be found. Recommend some one convenient to Vicksburg and who can soon be in place. Provide rations for the prisoners and I will endeavor to forward funds to pay them off. They cannot be furloughed, but will be prepared for the field under General B. Bragg’s instructions as rapidly as possible.

G. W. RANDOLPH, Secretary of War.

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HEADQUARTERS ARMY OF NORTHERN VIRGINIA, August 8, 1862.

Messrs. ROBBINS, COOK, BLACKBURN, AND OTHERS, Citizens of Gloucester County, Va.

GENTLEMEN: ...

Should you conclude to raise a partisan corps you should select a trustworthy person to command and get the men in the surrounding counties. The advantage of such a corps is that the members are regularly in service and entitled to be treated as prisoners of war and have the benefit of exchange, which is not the case with unorganized volunteers, usually called guerrillas.

I am, gentlemen, very respectfully,

CHARLES MARSHALL, Major and Aide-de-Camp.

{p.843}

–––

HEADQUARTERS, August 11, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

GENERAL: I beg leave respectfully to suggest that the prisoners recently taken, including those from Pope’s army, be paroled as soon as possible. It was reported to me that many of those taken at Malvern Hill asked with anxiety if they would not be paroled and seemed delighted when answered in the affirmative. General Stuart observed the same in reference to prisoners taken by him, and General Jackson infers from the reports made to him of the remarks of prisoners from Pope’s army that his men are very tired and are inclined to surrender. It may all be a Yankee trick, but if not I have thought it would produce a good effect to let them get back soon. Those who sell themselves, especially since a draft is ordered by the authorities of the United States, will find it easy to make their money.

I am, very respectfully, your obedient servant,

R. E. LEE, General.

[First indorsement.]

Respectfully referred to the President. I presume that the general [is] referring to privates and non-commissioned officers. The commissioned officers have been separated from the others and informed that they will be treated as hostages. There are thirty-nine of them, including General Prince.

G. W. RANDOLPH, Secretary of War

[Second indorsement.]

General Lee of course referred only to enlisted men. Of this I am doubly assured by a recent conversation on the subject. To that extent his view is approved.

J. D.

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CHATTANOOGA, TENN., August 11, 1862.

General S. COOPER:

Large number of exchanged prisoners will soon be at Vicksburg. Shall they join their regiments immediately? No instructions have been received for disposition of enemy’s prisoners in this department. Shall I send them to Vicksburg?

BRAXTON BRAGG, General, Commanding.

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SALT SULPHUR SPRINGS, August 11, 1862.

Hon. G. W. RANDOLPH, Secretary of War:

A letter has been received from Colonel Crook, commanding Federal brigade, by flag of truce informing me that Mr. Samuel Price, of Greenbrier, an unarmed and peaceful citizen, some time since arrested, would be dealt with in the same way as Doctor Rucker. May I request that Lieutenant-Colonel Starr and the other commissioned officers taken at Summersville be retained as hostages for Mr. Price and that I be advised of the fact. I will send the correspondence to Richmond by mail.

W. W. LORING, Major-General.

{p.844}

–––

PONCHATOULA, LA., August 11, 1862.

Maj. Gen. JOHN C. BRECKINRIDGE, Camp near Baton Rouge.

GENERAL: ...

A Capt. H. L. Daigre came in during the night with ten prisoners captured near New River. He reports Donaldsonville as burned on Friday at 11 o’clock, an insurrection among the negroes in Ascension Parish and the killing of forty or fifty of them; that since Friday the boat has taken down more troops than were brought up; that the Weightman, loaded with the dead and wounded from Baton Rouge, was run into by a gun-boat (accidentally) and sunk with all on board, and several other items of interest, which I hope will reach you in reliable shape. Captain Daigre takes his prisoners to Camp Moore. They were the crews of schooners which he captured and burned. He also captured a steam-boat which showed French papers and was released. He desires instructions in regard to her if again caught.

...

Yours, most respectfully,

M. JEFF. THOMPSON, Brig. Gen., Missouri State Guard, on Special Service, C. S. Army.

–––

RICHMOND, August 12, 1862.

General B. BRAGG, Chattanooga:

You will receive by General Lloyd Tilghman, who left here three days ago, a letter of instruction in reference to the exchanged prisoners. You are charged with the duty of reorganizing them for immediate service in the field. Instructions have been given for their subsistence and pay. Col. G. W. Lee was appointed upon General R. E. Lee’s recommendation and should have a fair trial. He has had great difficulties to encounter. If, however, he turns out to be inefficient he will be removed.

G. W. RANDOLPH, Secretary of War.

–––

HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, Tenn., August 13, 1862.

To the EAST TENNESSEEANS IN THE U. S. ARMY:

You must all now be convinced that you have been grossly deceived by the misrepresentations of those under whom you are serving. I therefore announce to you that a final opportunity is afforded you to return to your homes and your allegiance. I offer you a general amnesty for all past offenses, the only condition being that you take the oath of allegiance to the Government and that you conduct yourselves as becomes good citizens. You will receive a fair price for any arms, ammunition and equipments you may bring back with you.

[E. KIRBY SMITH,] Major-General, Commanding.

–––

GENERAL ORDERS, No. 37.}

HDQRS. DISTRICT OF MISSISSIPPI, Jackson, August 14, 1862.

All Confederate officers and soldiers prisoners of war and now on parole in this district will report without delay at these headquarters.

By order of Maj. Gen. Earl Van Dorn:

M. M. KIMMEL, Major and Assistant Adjutant-General.

{p.845}

–––

SPECIAL ORDERS, No. 189.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, August 14, 1862.

...

XXII. Maj. N. G. Watts, assistant quartermaster, is hereby assigned to duty as agent for the exchange of prisoners at Vicksburg, Miss. He will report to Col. Robert Ould, in this city, for instructions.

...

By command of the Secretary of War:

JNO. WITHERS, Assistant Adjutant-General.

–––

HDQRS. DEPARTMENT OF SOUTHWESTERN VIRGINIA, Narrows, August 14, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: I have the honor to inclose copies of a correspondence between Col. George Crook, of the Federal Army, commanding at Meadow Bluff, and officers of this command, under my direction. The letters are in reference to the shooting of one of our pickets named Robinson and the arrest of Mr. Samuel Price, of Lewisburg, as hostage for Doctor Rucker, taken by us at Summersville.

I have the honor to be, your obedient servant,

W. W. LORING, Major-General, Commanding.

[First indorsement.]

Respectfully submitted to the President for his information. Until the result of the inquiry made by the enemy is known no further action seems necessary.

G. W. RANDOLPH, Secretary of War.

[Second indorsement.]

Returned. The infamous conduct both in the treatment of a prisoner and the poisoning of bread should secure to Captain Harrison if punished, to the enemy if he is not, a notoriety of shame.

J. D.

[Inclosure No. 1.]

HEADQUARTERS, Monroe County, August 1, 1862.

Col. GEORGE CROOK, Commanding U. S. Forces, Meadow Bluff.

COLONEL: I have been, directed by the commanding general to bring to your attention an instance of flagrant outrage of the customs of war-an inhuman attempt to murder-committed by armed soldiers of your command belonging as we are informed to the company of Captain Harrison. I give you the statement of Robinson when he supposed himself to be on his dying couch.

Besides the statement of Robinson I have other satisfactory evidence to corroborate it, leaving no doubt of the truth of his statement. Robinson was left wounded and as his murderers thought dying.

The commanding general deems it proper to bring this case to your special notice and to ask that inquiry be at once instituted, feeling {p.846} assured that the perpetrators of a crime so infamous will be brought to swift and certain punishment and the act disavowed by the proper authority.

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

JNO. MCCAUSLAND, Colonel, Commanding.

[Sub-inclosure No. 1.]

Testimony of Alex. Robinson.

JULY 10, 1862.

I was in an apple orchard and the enemy came up in twenty steps of me before I saw them, and I remained perfectly still, being on my horse. One told me to surrender, which I did immediately, at the same time dropping my gun and saber. Another told me to surrender. I told him I had surrendered (having then no arms) and asked him not to shoot me. Another said, “God damn you, why didn’t you surrender before when you were shooting at us last night?” They all exclaimed, “Damn him, shoot him!” Upon which all fired at me. Two balls passed through my body. I then fell off my horse, and while I was lying on the ground one came up saying, “Damn him, let me ride over him and mash his damn brains out.” Another said, “No, let me shoot him again.” A third said, “He will die anyhow; let him alone.”

ALEX. ROBINSON.

I was present and heard Mr. Alex. Robinson, who is a private in Company F, Eighth Virginia ,Cavalry, make the within statement of the circumstances under which he surrendered himself a prisoner, grounded his arms and was afterwards shot by Federal soldiers. Mr. Robinson was in his right mind at the time; pronounced the statement correct when read to him and wrote his own signature thereto. I was also informed by a citizen who knew the officer commanding the Federal cavalry who shot Robinson as stated and that his name is Harrison.

WM. N. HARMAN, Captain, Commanding Company F, Eighth Virginia Cavalry.

I have just written the within testimony of Alex. Robinson and do hereby certify that the within are his exact words, written as he has just related them to me, and to which after being read to him he signed his name and said. “They are correct.”

J. C. ALDERSON, Lieutenant, Greenbrier Mounted Riflemen.

[Sub-inclosure No. 2.]

HEADQUARTERS EIGHTH VIRGINIA CAVALRY, Camp Jones, July 13, 1862.

Col. JOHN MCCAUSLAND.

SIR: The only evidence we can get in regard to the shooting of Private Robinson is his own statement, given as he supposes on his deathbed. He is not dead yet, but the surgeons say there is but little hope of his recovery. He says he had surrendered, and the Yankees told him he ought to have surrendered the night before when he was firing at them, and at the same moment several of them fired at him, two shots taking effect that will I have no doubt cause his death.

{p.847}

I am very glad you have determined to have an investigation of the matter, as it would have caused a great deal of trouble if it had not been noticed.

There is another matter about as bad as this in my humble opinion. One of my wagons had been sent after provisions when I left camp, and not having transportation sufficient some one of the companies had left about a third of a barrel of hard bread in the camp. The Yankees were in the camp as they came up and went back and tried to drive out some cows that were in the field but did not succeed. The next morning the owner of the cows found two of them dead and a third about dying and all the bread gone. It had been poisoned! the cows had eaten it and two out of three had died. The devils had tried to drive the cows out to prevent their eating the bread, thinking that our men would get it as we came back, which no doubt they would have done had it not been destroyed by the cattle.

I sent Captain Herndon out yesterday morning with his company. He went within three miles of Blue Sulphur and he reports that he saw nothing of the enemy. He brought out some bacon from Mr. Jarrett’s, near Blue Sulphur. One of the infantry companies was also on the other side of the river and one of my companies was out on the Rollinsburg road, but saw nothing.

One of the officers of the Yankee cavalry, Harrison, told the people all along the road that they only came up here to get his children, which, with many other reports going through the country, such as the wives of the Yankee officers gathering up their clothing, which had been scattered through vicinity of the Bluff to be washed, looks as if they were really making preparations to fall back from that place. We can get no correct information, but it seems to be generally believed that they will leave the Bluff very soon, either back or forward.

I am, very respectfully, your obedient servant,

A. F. COOK, Lieutenant-Colonel Eighth Virginia Cavalry.

[Inclosure No. 2.]

HEADQUARTERS THIRD PROVISIONAL BRIGADE, Meadow Bluff, August 10, 1862.

COMMANDING OFFICER OF C. S. FORCES, At or near Union, Monroe County.

SIR: I have the honor to inform you that the case of one of your soldiers being murdered by Captain Harrison’s company of cavalry is now being investigated at the post where that company is stationed, and if you have any additional evidence in the case will you please forward it as early as possible. The general commanding this division directs me to say to you-

That any acts of officers or men of this army contrary to the Rules and Articles of War toward any of the enemy who are themselves engaged in a regular and legitimate mode of warfare will be promptly and severely punished; further, that Mr. Samuel Price, of Lewisburg will be held responsible in his person for any cruel or unusual treatment of Dr. William P. Rucker.

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

GEORGE CROOK, Colonel, Commanding Brigade.

{p.848}

[Inclosure No. 3.]

HDQRS. 2D BRIGADE, ARMY SOUTHWESTERN VIRGINIA, August 15, 1862.

Col. GEORGE CROOK, U. S. Army, Commanding at Meadow Bluff.

SIR: Your communication of the 10th instant relative to the attempted murder of a Confederate prisoner of war by Federal soldiers of Captain Harrison’s company was not answered sooner because I had just assumed the command at this point and desired to be informed of the facts and to confer with the commanding general, but being now fully advised I have to say that Captain Powell, who lately bore a flag of truce from your camp to this, stated in the presence of a number of officers of this command that the prisoner Robinson was shot after he had surrendered by men of Captain Harrison’s company, and that they would have shot another prisoner taken at the same time but for his interference. Captain Powell will no doubt cheerfully give you the additional evidence asked for in your letter.

With regard to your statement* that Samuel Price, of Lewisburg, will be held responsible in his person for any cruel or unusual treatment of Dr. William P. Rucker, I am advised to say that Rucker is a citizen of Virginia, owing allegiance to this State and to the Confederate States, and that neither the Confederate Government nor the State of Virginia will allow the Government of the United States nor any of its authorities to dictate the punishment to be inflicted on their own disloyal citizens. The seizure and imprisonment of Price as a hostage for Rucker is manifestly a violation of the usages of civilized warfare and to harm him will be a high crime.

That you and your general commanding may know the determined purpose of my Government to protect and avenge its own people I respectfully inclose to you a letter** of President Davis to General Lee, dated July 31, 1862, to which is appended General Orders, No. 54.**

Yours, respectfully,

JOHN S. WILLIAMS, Brigadier-General, Commanding, &c.

* See inclosure No. 2, cute.

** Both omitted here; see ante, in their chronological order.

[Sub-inclosure.]

HEADQUARTERS EIGHTH VIRGINIA CAVALRY, Camp at or near Union, Va., August 11, 1862.

Confederate version of the Statement of Captain Powell, commanding cavalry company of Col. George Crook’s command at Meadow Bluff, and the bearer of a communication under flag of truce to the commanding officer of Confederate forces at or near Union, Monroe County, Va., in relation to the shooting of Private Robinson, Company F, Eighth Virginia Cavalry, after having surrendered himself a prisoner of war.

Captain Powell having been interrogated as to the facts of the case replied substantially as follows:

I think an apology due to your people and had determined to make an explanation the first opportunity. Robinson was shot, I believe, after he had surrendered, by members of Captain Harrison’s company, a portion of whom constituted the advance and the remainder bringing up the rear of the command, this being the order of our march at the time Robinson was shot. My own company did not participate in the shooting, several of whom testified to his having been shot after he {p.849} surrendered himself. In fact, I had to interpose my authority to prevent members of the same (Captain Harrison’s) company from shooting another prisoner taken a short distance in advance of the first, even threatening them with arrest.

C. IRVINE LEWIS, Captain Company I, Eighth Virginia Cavalry. A. J. TYNES, Assistant Commissary of Subsistence, Eighth Virginia Cavalry. J. W. SMITH, Lieutenant, Company I, Eighth Virginia Cavalry. C. W. TIMMS, Acting Assistant Surgeon.

–––

RICHMOND, August 15, 1862.

General B. BRAGG, Chattanooga:

We have no lists of paroled officers taken in the West; no lists of the prisoners paroled by General Earl Van Dorn in Texas; only 1,300 reported as taken at Shiloh, and very few returns of paroled prisoners in the West. Many of the returns make no distinction between noncommissioned officers and privates. Unless these lists can be supplied there is reason to fear that the balance will be largely against us, although in fact we think it is in our favor. I must request that every exertion be made to send the lists speedily to the Department. We are informed that our prisoners may be expected in a few days at Vicksburg.

GEO. W. RANDOLPH, Secretary of War.

–––

EXECUTIVE DEPARTMENT, August 15, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: Since my communication to you of July 28 last and your reply of the 31st of the same month occurrences have transpired which make further correspondence necessary upon the subjects therein referred to and subjects of a kindred character.

I understand that the prisoners recently confined at Lynchburg, captured by General Jackson and belonging to Northwestern Virginia regiments, organized by the authority and with the approbation of the usurped government under Peirpoint, have been ordered to this city preparatory to being exchanged, and some of them have actually been exchanged under the cartel recently agreed upon between the Confederate Government and the Government of the United States. I conclude, therefore, that you have decided that my request in regard to them is not to be acceded to. If this request is not to be granted I imagine the request in regard to the officers captured on the Chickahominy will also be denied. As the Executive of Virginia I have presented these matters for the consideration of the War Department from an imperative sense of duty to the people of Virginia, by whom I have been charged with the execution of the laws of the State. These matters having been disposed of I come now to one which recent occurrences have presented for the consideration of the people of Virginia especially and of the South generally.

In the late engagement between the armies of Generals Jackson and Pope captures have been made of officers and men who have violated {p.850} the laws of Virginia and have incurred the penalties annexed to their violation. If I can procure the necessary evidence (as I believe I can do) I wish to subject these parties to a trial. If the State shall fail to make out the case they will be restored to the custody of Confederate officers.

In the recent letter of the President to General Lee under date July 31, 1862, I find these prisoners thus truthfully and appropriately described:

Under this state of facts this Government has issued the inclosed general orders recognizing General Pope and his commissioned officers to be in the position which they have chosen for themselves-that of robbers and murderers and not that of public enemies entitled if captured to be considered as prisoners of war. We find ourselves driven by our enemies by steady progress toward a practice which we abhor and which we are vainly struggling to avoid. Some of the military authorities of the United States seem to suppose that better success will attend a savage war, in which no quarter is to be given and no [age or] sex to be spared than has hitherto been secured by such hostilities as are alone recognized to be lawful by civilized men in modern times.

For the present we renounce our right of retaliation on the innocent and shall continue to treat the private enlisted soldiers of General Pope’s army as prisoners of war, but if after notice [has been given] to the Government at Washington of our confining repressive measures to the punishment only of commissioned officers who are willing participants in these crimes these savage practices are continued we shall reluctantly be forced to the last resort of accepting the war on the terms chosen by our foes until the outraged voice of a common humanity forces a respect for the recognized rules of war.

If these men are to be considered as “robbers and murderers” they are such under the laws of Virginia, and they have justly incurred the penalties which those laws annex to their crimes. If they are not “prisoners of war” then they can be regarded in no other light than as criminals.

I therefore request that some of these officers shall be turned over to the State authorities in order that they may be proceeded against in the mode prescribed by the laws of Virginia. If found guilty I will see that they are made to pay the penalty for their crimes against humanity and civilization.

I understand also that General Jackson in his recent battle at Cedar Run has captured some free negroes who came with the Federal Army to Virginia, and who are here in violation of the laws of the State. I request also that these may be turned over to the State authorities, to be dealt with as the Virginia laws prescribe.

I am, truly,

JOHN LETCHER.

[First indorsement.]

Respectfully submitted to the President. This demand of Governor Letcher renders it necessary for the Confederate States Government to define its position with reference to the prisoners of war claimed by State authorities as offenders against the municipal laws of the States. This being an important question and one requiring consideration I deem it best to submit it to the President.

GEO. W. RANDOLPH, Secretary of War.

[Second indorsement.]

Secretary of War inquire of the Governor as to the cases referred to. It can only be decided after specifications.

J. D.

{p.851}

–––

ALTON MILITARY PRISON, ILL., August 15, 1862.

COMMANDING GENERAL, Department of the West of the Confederate Forces:

1. Matthew Thompson, a citizen of the Cherokee Nation, captured in Boone County, Mo., belonging to Colonel Dorsey’s regiment of recruits of the Confederate Army, was tried by a military commission for bridge burning and assisting in the destroying of the North Missouri Railroad, and was sentenced to death for the same, and is now awaiting the execution of his sentence in the above-named prison, would respectfully ask the interference of my Government in my behalf, promising to be as faithful to the Confederate Government as I ever have been, &c.

2. Absalom Hicks, A. R. Tompkins, John C. Tompkins, of Boone County, Mo.; Henry V. Willing, J. P. Snedicor, John W. Owen, from Callaway County, Mo.; John Patton, Stephen Stott, William J. Forshey, Thomas M. Smith, from Boone County, Mo.; George H. Cunningham, Buck [R. B.] Crowder, William Combs, from Randolph County, Mo.; Dr. Thomas S. Foster and James Stout; making sixteen in all that we know of now at this time that have been sentenced to death, and we have suffered every indignity and insult that you can imagine from the Federal authorities, and we hope and trust that our commander-in-chief will do something for our relief.

We are, respectfully, your soldiers,*

Matthew Thompson, Absalom Hicks, A. R. Tompkins, John C. Tompkins, Henry V. Willing, J. P. Snedicor, John Patton, Stephen Stott, Wm. J. Forshey, Geo. H. Cunningham, Buck [R. B.] Crowder, John W. Owen, Thos. M. Smith, Wm. Combs, Thomas S. Foster, James Stout.

* For trial and conviction of all these men as guerrillas, &c., see Vol. I, this Series, p. 282 et seq.

–––

SPECIAL ORDERS, No. 191.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, August 16, 1862.

...

XXIII. The following notice of exchange of prisoners is published for the information of all concerned, viz:

RICHMOND, August 14, 1865.

The following officers and men are duly exchanged, to wit:

1. All the officers and men who were delivered at Aiken’s on the 5th August, 1862.

2. All officers and men captured at Roanoke Island.

3. All officers and men captured at Fort Macon.

4. All officers and men captured at Rich Mountain.

5. All officers captured at Forts Jackson and Saint Philip, La.

6. The officers and men delivered at Aiken’s August 10, 1862.

7. The officers and men delivered at City Point August 5, 1862.

8. Officers paroled at Fortress Monroe May 12, 1862.

9. Privates paroled by Brig. Gen. G. W. Morgan at Cumberland Gap July 23, 1862.

10. Capt. A. C. Van Benthuysen’s marines.

ROBERT OULD, Agent for the Exchange of Prisoners.

XXIV. The officers and men referred to in the above notice having been duly exchanged as prisoners of war will without delay join their respective regiments and corps.

...

By command of the Secretary of War:

JNO. WITHERS, Assistant Adjutant-General.

{p.852}

–––

CHATTANOOGA, TENN., August 16, 1862.

Hon. G. W. RANDOLPH:

Instructions had already been given for reports of paroled and confined prisoners. List now on hand will be forwarded; others as they are received. Many will no doubt be lost from neglect. Numbers of prisoners (many officers) at Madison, Ga. Over 2,700 Shiloh prisoners left Corinth at one time, but the lists kept were very imperfect. As soon as instructions came all arrangements were made for the exchange at Vicksburg.

BRAXTON BRAGG.

–––

GENERAL ORDERS, No. 117.}

HEADQUARTERS DEPARTMENT No. 2, Chattanooga, Tenn., August 16, 1862.

...

IV. Whenever prisoners are captured by our troops the ranking officer of the capturing detachment will immediately forward to these headquarters a descriptive list of the prisoners, giving their names, rank, ages, regiments and companies.

V. Whenever prisoners are paroled the paroles will be forwarded to these headquarters and a duplicate copy (compared and certified) retained by the officer who may grant the parole. In taking paroles officers will be careful to have them signed if practicable, but if not signed by the prisoners paroled a certified list stating their names, rank, ages, regiments and companies should be attested by an abolition officer, if one be present. In the absence of an abolition officer the list must be certified by the Confederate officer who grants the parole. These lists must be made in duplicate if practicable, one copy to be retained by the officer taking the parole and the other to be forwarded to these headquarters without delay.

By command of General Bragg:

THOMAS JORDAN, Chief of Staff.

–––

SPECIAL ORDERS, No. 153.}

HEADQUARTERS DEPARTMENT NO. 2, Chattanooga, Tenn., August 16, 1862.

...

III. Brigadier-General Tilghman will proceed to Vicksburg, Miss., and take command of all abolition and Confederate officers and soldiers who may be in the vicinity of that post for the purpose of being exchanged or paroled. He will establish a camp near Vicksburg at some suitable point on the railroad where the men can be amply and conveniently provided for, Brigadier-General Tilghman will immediately proceed to organize the Confederate prisoners who have been exchanged. In all cases where practicable he will retain the men in the original companies and regiments in which they were enlisted. Any departure from this rule will be specially reported to these headquarters with the reasons.

...

By command of General Bragg:

[JNO. M. OTEY,] Assistant Adjutant-General.

{p.853}

–––

HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, August 17, 1862.

Brig. Gen. THOMAS JORDAN, Chief of Staff, Chattanooga, Tenn.:

The lists of Federal prisoners were forwarded by Major Clay to General Winder, Richmond. Will send by mail the few names we have.

J. F. BELTON, Assistant Adjutant-General.

–––

HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, August 17, 1862.

Brig. Gen. THOMAS JORDAN, Chief of Staff, Chattanooga, Tenn.

GENERAL: I have the honor to inclose all the papers* relating to the Federal prisoners that can be found in this office. The lists sent here have been merely the signatures of the prisoners, which owing to their illegibility it was impossible to transcribe correctly and they were sent to General Winder as received.

Respectfully, your obedient servant,

J. F. BELTON, Assistant Adjutant-General.

* Not found.

–––

SPECIAL ORDERS, No. 155.}

HEADQUARTERS DEPARTMENT No. 2, Chattanooga, August 17, 1862.

I. All exchanged prisoners will be restored to their old companies and regiments, which will be reorganized and distributed as soon as practicable as follows: One-third will be sent to Chattanooga, Tenn.; one-third to Tupelo, Miss., and one-third to such points as Major-General Van Dorn may designate. Kentuckians and Tennesseeans as a general rule will be sent to Chattanooga.

II. Regiments enlisted for twelve months will be reorganized under the provisions of the “Act to provide for the public defense,” approved April 16, 1862, as soon as they can be brought together. During the impending campaign men properly belonging to these regiments cannot be restored to them but it will be done as soon as the exigencies of the service shall permit in all cases where it is the desire of the men.

III. Furloughs cannot be granted at this time. Pay-rolls will be prepared as soon as possible and the proper officers of the quartermaster’s department will provide means for the prompt payment and comfortable clothing of all exchanged and paroled men of our service.

IV. Brigadier-General Tilghman will have the military command of the camps of rendezvous and instruction for exchanged and paroled men of this department.

V. Brig. Gen. Thomas Jordan, chief of staff, is charged with the responsible duty of supervision of the exchange of men, their reorganization into regiments and assignments of regiments to their several commands, indicated hereinbefore, and in the discharge of his duties is authorized to issue all necessary orders in the name of the commander of the department.

VI. When all prisoners of war of the enemy and exchanged and paroled men of our Army shall have been disposed of Brigadier-General Tilghman will report for duty to Major-General Van Dorn.

{p.854}

VII. Rolls of exchanged and paroled prisoners will be rigidly scrutinized to the end that none but those persons actually entitled to military exchange may be imposed upon us.

VIII. Paroled men of regiments enlisted for twelve months not yet exchanged subject to remain in service will be assigned to their old companies and regiments for the purpose of reorganization under the law of 16th of April, 1862, but will not be called upon for duty except for police and guard at camps of instruction and rendezvous.

IX. All officers and men captured at Fort Donelson, Madrid Bend and Island No. 10 between the ages of eighteen and thirty-five who are not at present on duty with other regiments will repair at once to Jackson, Miss., to report to Brigadier-General Tilghman.

X. All prisoners of war within the limits of the department taken from the enemy will be forthwith sent under proper escort to Jackson, Miss, to be turned over to Brigadier-General Tilghman.

XI. A duplicate list of all prisoners of war will be transmitted to Brigadier-General Jordan, chief of staff, at Jackson, Miss.

By command of General Bragg:

THOMAS JORDAN, Chief of Staff.

–––

Extracts from message of Jefferson Davis to Confederate Congress August 18, 1862.

To the SENATE AND HOUSE OF REPRESENTATIVES OF THE CONFEDERATE STATES:

...

Within a recent period we have effected the object so long desired of an arrangement for the exchange of prisoners which is now being executed by delivery at the points agreed upon and which will it is hoped speedily restore our brave and unfortunate countrymen to their places in the ranks of the Army from which by the fortune of war they have for a time been separated. The details of this arrangement will be communicated to you in a special report when further progress has been made in their execution.

...

Two at least of the generals of the United States are engaged unchecked by their Government in exciting servile insurrection and in arming and training slaves for warfare against their masters, citizens of the Confederacy. Another has been found of instincts so brutal as to invite the violence of his soldiery against the women of a captured city. Yet the rebuke of civilized man has failed to evoke from the authorities of the United States one mark of disapprobation of his acts, nor is there any reason to suppose that the conduct of Benjamin F. Butler has failed to secure from his Government the sanction and applause with which it is known to have been greeted by public meetings and portions of the press of the United States. To inquiries made by the Commander-in-Chief of the Armies of the United States whether the atrocious conduct of some of their military commanders met the sanction of that Government answer has been evaded on the pretext that the inquiry was insulting, and no method remains for the repression of these enormities but such retributive justice as it may be found possible to execute.

Retaliation for many of them in kind is impracticable for I have had occasion to remark in a former message that under no excess of provocation could our noble-hearted defenders be driven to wreak vengeance {p.855} on unarmed men, on women or on children. But stern and exemplary punishment can and must be meted out to the murderers and felons who disgracing the profession of arms seek to make of public war the occasion for the commission of the most monstrous crimes. Deeply as we may regret the character of the contest into which we are about to be forced we must accept it as an alternative which recent manifestations give us little hope can be avoided. The exasperation of failure has aroused the worst passions of our enemies. A large portion of their people, even of their clergymen, now engage in urging an excited populace to the extreme of ferocity and nothing remains but to vindicate our right and to maintain our existence by employing against our foe every energy and every resource at our disposal. I append for your information a copy of the papers* exhibiting the action of the Government up to the present time for the repression of the outrages committed on our people. Other measures now in progress will be submitted hereafter.

...

JEFFERSON DAVIS.

* Not found.

–––

RICHMOND, August 18, 1862.

General VAN DORN, Vicksburg:

Fifteen thousand prisoners are expected to be delivered by the United States Government to our agent at Vicksburg. The Secretary of War desires you will order them to their regiments and corps for the field as speedily as possible. Meantime cause the desired care to be taken in provisioning them by the commissariat of your army.

S. COOPER, Adjutant and Inspector General.

–––

EXECUTIVE DEPARTMENT, Richmond, August 19, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: I inclose for your consideration a letter from William Skeen, esq., attorney for the Commonwealth for Alleghany County, in regard to Rucker, recently captured by Major Bailey at Nicholas Court-House, and respectfully request that Major-General Loring be instructed to deliver Rucker to the sheriff of Alleghany, that he may be indicted and tried for violations of the laws of this State.

I am, truly,

JOHN LETCHER.

[First indorsement.]

Respectfully-submitted to the President for instructions. General Loring has informed me that Mr. Price, a leading citizen of Greenbrier County, has been seized and is held as a hostage for Doctor Rucker.

G. W. R.

[Second indorsement.]

The allegation of hostility to the Government of Virginia and Confederate States is sustained by the arrest, but it would not serve a good purpose to indict for treason those citizens who may have chosen to adhere to the enemy.

{p.856}

If the prisoner had been a soldier of the hostile army he would be entitled to the treatment due to a prisoner of war, which might prevent his delivery to be tried for a civil offense. Not being taken in arms and not being avowedly in the employment of the enemy, he may be subject to a claim for trial for a specific crime.

J. D.

[Inclosure.]

OFFICE OF THE ATTORNEY FOR THE, COMMONWEALTH OF ALLEGHANY, August 11, 1862.

Governor LETCHER, Richmond, Va.

GOVERNOR: Immediately after the arrest of Dr. William P. Rucker I demanded in writing from Major-General Loring his surrender to the civil authorities to be tried for treason, murder and larceny.

I had no warrant against him for treason, but had abundant evidence to establish his guilt. For the other crimes the warrants are in my hands. General Loring has not yet decided what to do and may conclude to treat him as a prisoner of war. I therefore place the matter in your hands.

I am of the opinion that every Virginian taken in the Yankee army ought to be prosecuted for treason and every Yankee who has stolen a negro made to answer the laws of Virginia, but of this you are the judge and I only make the suggestion.

If wrong you will pardon the suggestion.

In haste, I am, Governor, very truly, yours,

W. SKEEN, Attorney for Commonwealth of Alleghany and Provost-Marshal.

–––

GENERAL ORDERS, No. 59.}

WAR DEPARTMENT, ADJT. AND INSP. GENERAL’S OFFICE, Richmond, August 20, 1862.

Whereas, information has been received that certain peaceable citizens of the Confederate States have been seized and put to death by order of General Fitch,* commanding the army of the United States which had invaded the State of Arkansas, upon the ground that one of the said invading army had been shot by some unknown person who, whatever his condition, had an unquestionable right to defend his home; and whereas, inquiry has been made of the Government of the United States as to the correctness of the said information, and whether the action of General Fitch has the sanction of the said Government, to which inquiry the authorities of the United States have refused to answer; and whereas, our Government is driven to retaliatory measures as the only means to protect the lives of the peaceable citizens of the Confederate States who may fall into the hands of General Fitch, or any person acting under his authority:

It is hereby ordered that general officers commanding the troops of the Confederate States shall forthwith ascertain and report to the President whether such acts have been committed, and upon being certified [satisfied] thereof shall forthwith set apart by lot, from among any prisoners taken from the army under the command of General Fitch, a number of officers equal in number to the persons who have been put to death as aforesaid, and place them in close confinement for execution at such time thereafter as may be ordered by the President, and {p.857} shall regard the said General Fitch, if captured, not as a prisoner of war, but place him in confinement as a felon until the further order of the President.

By order:

S. COOPER, Adjutant and Inspector General.

* Reference is to Col. Graham N. Fitch, Forty-sixth Indiana.

–––

HEADQUARTERS DEPARTMENT OF TEXAS, San Antonio, August 20, 1862.

Hon. HORACE CONE, Recorder, &c., Houston, Tex.

SIR: In reply to your communication of the 13th of August in regard to authority of the military commission at Houston I am directed by the general commanding to say that the commission was organized for the purpose of trying all cases of seditious and traitorous persons against whom charges are preferred, without regard to time or place of committing the offense.

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

JESSE W. SPARKS, Aide-de-Camp.

–––

GENERAL ORDERS, No. 60.}

WAR DEPARTMENT, ADJT. AND INSP. GENERAL’S OFFICE, Richmond, August 21, 1862.

I. Whereas, Major-General Hunter, recently in command of the enemy’s forces on the coast of South Carolina, and Brigadier-General Phelps, a military commander of the enemy in the State of Louisiana, have organized and armed negro slaves for military service against their masters, citizens of this Confederacy; and whereas, the Government of the United States has refused to answer an inquiry whether said conduct of its officers meets its sanction and has thus left to this Government no other means of repressing said crimes and outrages than the adoption of such measures of retaliation as shall serve to prevent their repetition:

Ordered, That Major-General Hunter and Brigadier-General Phelps be no longer held and treated as public enemies of the Confederate States, but as outlaws, and that in the event of the capture of either of them, or that of any other commissioned officer employed in drilling, organizing or instructing slaves with a view to their armed service in this war, he shall not be regarded as a prisoner of war but held in close confinement for execution as a felon at such time and place as the President shall order.

By order:

S. COOPER, Adjutant and Inspector General.

–––

SPECIAL ORDERS, No. 159.}

HEADQUARTERS DEPARTMENT No. 2, Chattanooga, Tenn., August 21, 1862.

...

VI. Paragraph V, Special Orders, No. 155,* current series, from these headquarters, is revoked and the several duties therein assigned {p.858} to Brig. Gen. Thomas Jordan, chief of staff, ale hereby assigned to Brig. Gen. J. E. Slaughter, inspector-general of the forces, who will repair to Vicksburg or such place or places as he may find necessary.

By command of General Bragg:

GILES B. COOKE, Assistant Adjutant-General.

* See p. 853.

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HDQRS. DEPARTMENT OF SOUTHWESTERN VIRGINIA, Salt Sulphur Springs, August 21, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: I have the honor to inclose herein the sequel to a former correspondence sent you with the commanding officer of the enemy’s forces at Meadow Bluff in reference to the alleged shooting of one of my men after he was captured. There is no doubt but that the statement of the officer bearing the enemy’s flag is stated correctly by our officers and that Harrison’s company (of the enemy’s forces) is guilty as alleged. The examination into the fact by the enemy is evidently evasive, but I know of no way of reaching a redress of the case the wrongdoer being in the enemy’s camp and sheltered by their uncandid search for evidence.

Very respectfully, your obedient servant,

W. W. LORING, Major-General, Commanding.

[Indorsement.]

The statements are so improbable as to prevent credence.

J. D.

[Inclosure.]

CAMP NEAR UNION, August 16, 1862.

Maj. Gen. W. W. LORING.

GENERAL: I have not much of importance to communicate-some idle rumors and country people’s stories, which amount to but little. A spy was sent into the enemy’s camp on Thursday, who reports that they have burned their breast-works and were preparing to fall back. I sent this morning two scouts in citizens’ dress to Meadow Bluff to ascertain what was going on there. I send you copies of Colonel Crook’s answer to my letter and of some accompanying papers. I will see you in the morning.

Yours, respectfully,

JOHN S. WILLIAMS, Brigadier-General.

[Sub-inclosure.]

HEADQUARTERS THIRD PROVISIONAL BRIGADE, August 15, 1862.

General JOHN S. WILLIAMS, Commanding C. S. Forces, Monroe County, Va.

SIR: I have the honor to acknowledge the receipt of your communication of the 13th instant. Captain Powell informs me that he made no such statement to your officers that Private Robinson was shot by Captain Harrison’s men; that he informed your officers that he was not present when the man was shot, and only had the statement of Captain Harrison’s men, which was substantially the same as stated in the inclosed papers.

As regards the allegiance of Dr. William P. Rucker and Mr. Samuel Price I shall not discuss with you, but have merely to say that the {p.859} intentions of the general commanding this district as expressed in his former communication will be strictly carried out.

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

GEORGE CROOK, Colonel, Commanding Brigade.

[Inclosure No. 1 to sub-inclosure.]

HEADQUARTERS THIRD BRIGADE, Meadow Bluff, August 4, 1862.

Capt. G. M. BASCOM, Assistant Adjutant-General, U. S. Army.

CAPTAIN: I have the honor to inclose certain papers* received by a flag of truce from the rebels in Monroe in reply to a letter from me asking an explanation for their taking from Lewisburg by force certain prisoners whom I paroled upon condition of their joining me here as soon as their health would permit.

The case of the soldier who is reported as having been shot by one of Captain Harrison’s men I think should be investigated. The poisoning case I think is without foundation and very likely a mere fabrication for the purpose of throwing the onus of the act upon our troops to screen themselves.

...

I am, respectfully, your obedient servant,

GEORGE CROOK, Colonel, Commanding Brigade.

* See McCausland to Crook, August 1, with inclosures, p. 845.

[First indorsement.]

HEADQUARTERS DISTRICT OF THE KANAWHA, Flat Top Mountain, August 8, 1862.

Respectfully referred to Col. E. P. Scammon, commanding First Brigade, who will investigate and report on the complaints made within.

By command of J. D. Cox, brigadier-general:

G. M. BASCOM, Captain and Assistant Adjutant-General.

[Second indorsement.]

In regard to the poisoning of bread it is supposed by Captain H[arrison] to be a sheer fabrication. He knows nothing of the fact or the circumstances likely to give rise to the suspicion beyond this, that horses eating freely of dry bread and then drinking would be likely to die without the presence of poison.

Respectfully submitted.

E. P. SCAMMON, Colonel, Commanding First Provisional Brigade.

[Third indorsement.]

HEADQUARTERS FIRST PROVISIONAL BRIGADE, Camp Jones, August 8, 1862.

On referring this and the accompanying statements* in regard to the shooting of Alex, Robinson to Captain Harrison, he makes the following statements:

1. Captain H[arrison] was in the advance, the whole party being under Captain Powell, Second Virginia Cavalry.

{p.860}

2. The man killed, holding his gun in his left hand, raised his right hand in token of surrender. Captain H[arrison] passed and told his men to take care of that man. After going about one mile and a half Captain H[arrison] was obliged to halt; returned to this place, where R[obinson] was, and was told by him that some of our men had shot him after he had surrendered. H[arrison] said it was a cowardly act, and if the man could tell who had done it he would have him punished to the full extent of the law. He replied that he did not know the men. H[arrison] then called up the men and inquired who had shot Robinson. Three of them informed him that R[obinson] after he had surrendered raised his gun, and was in the act of shooting when they fired upon him. Captain H[arrison] returned to camp and informed Colonel Crook of the fact.

Very respectfully,

E. P. SCAMMON, Colonel, Commanding First Provisional Brigade.

* See testimony of Alex. Robinson, p. 846.

[Inclosure No. 2 to sub-inclosure.]

HEADQUARTERS DISTRICT OF THE KANAWHA, Flat Top Mountain, Va., August 8, 1862.

Col. GEORGE CROOK, Commanding Third Brigade, Meadow Bluff.

COLONEL: I have the honor herewith to send you copies of the reports of Colonel Scammon on the complaint made by Colonel McCausland, rebel army, that some of Captain Harrison’s company, First Virginia Cavalry, had shot Private Robinson, of Eighth Virginia (rebel) Cavalry, after he had surrendered as a prisoner. These reports of Colonel Scammon are reasonable and probably contain the facts in the case. In your communication with the enemy you should disclaim all conduct on the part of officers or men of this command which is contrary to the rules of civilized warfare, but at the same time notify them that while we thus disavow and punish barbarous acts we do not recognize their right to demand or expect the enforcement of a stringent rule since their conduct in countenancing and employing partisans who are notoriously mere robbers and murderers of Union men, in permitting robberies to be perpetrated by soldiers on prisoners (as was recently done in the case of assistant surgeon of the Ninth Virginia who was not liable to be treated as a prisoner of war at all), and in pursuing a barbarous and cruel course toward citizens of the country who adhere to the Government takes away the claim which belligerents carrying on war according to civilized rules would have. We shall be strict with our troops out of respect to ourselves, and protest against the irregularities of which their troops are frequently guilty and the reign of terror among citizens which they have labored to inaugurate.

By command of J. D. Cox, brigadier-general:

G. M. BASCOM, Captain and Assistant Adjutant-General.

–––

FREDERICKSBURG, August 21, 1862.

His Excellency JEFFERSON DAVIS, President Confederate States of America.

SIR: The undersigned, citizens of Fredericksburg, beg leave to represent to you the following facts: Some few months past the following {p.861} persons were arrested upon charges of disloyalty by the military commander of the Confederate Army, then at Fredericksburg, and were sent to Richmond, viz: Charles Williams, a resident of Fredericksburg, Moses Morrison, Thomas Morrison and Peter Couse, residents of Spotsylvania County. These persons we learn have for some time past been in confinement at Salisbury, N. C. The following-named citizens of Fredericksburg have been arrested and placed in confinement at Washington under an order of the Secretary of War of the United States to be held as hostages for the release by the Confederate States of the four prisoners aforenamed, viz, Messrs. Thomas S. Barton, Charles C. Wellford, Beverly T. Gill and Thomas F. Knox, who were arrested on the 22d of July last; Messrs, James H. Bradley and James McGuire, who were arrested on or about the 26th of July last, and the Rev. William S. Broaddus, who was arrested on or about the 29th of July last. These citizens have been kept in confinement at Washington since the date of their several arrests, except Mr. Barton, who was discharged on parole to remain in Baltimore because of infirm health. On the 13th of the present month Messrs. Montgomery Slaughter (mayor of Fredericksburg), John Coakley, Michael Ames, John F. Scott, John J. Berry, John H. Roberts, James Cooke, William H. Norton, Lewis Wrenn, George H. C. Rowe, Benjamin Temple and Abraham Cox, citizens of Fredericksburg, were arrested under a like order from Washington, and have been committed to prison in that city. The latter order declared that they would be held as hostages for the four persons first named herein and for three other persons who were held as prisoners by the Confederate Government, viz, Burnham Wardwell, A. M. Pickett and Squire Ralston. The nineteen persons thus arrested as hostages are among our oldest and most esteemed citizens. Some of them are in advanced age and in very infirm health. We ask leave to submit to the consideration of Your Excellency the following facts and suggestions: Among the seven persons so stated as held in custody by the Confederate States four are well known to the people of Fredericksburg, viz, Thomas and Moses Morrison, Peter Couse and Charles Williams. The Messrs. Morrison emigrated some five or six years past from Delaware and bought lands in Spotsylvania County on which they resided at the time of their arrest. They were reputed as honest, industrious and inoffensive men. When the war occurred they continued at their homes and neither gave offense to nor aroused the suspicions of their neighbors until shortly before their arrest, when charges were preferred by two or three of their neighbors that they had expressed disloyal sentiments. When they were arrested the prevailing judgment of this community was that the step was an unwise and harsh one, the general conviction of those who had known them well being that they would not prove in any respect enemies of the Confederate cause. In reference to Peter Couse, he had emigrated to Spotsylvania County from Pennsylvania some fifteen years past. It was alleged that he was making his arrangements to remove back to Pennsylvania at the time of his arrest. He had maintained a character in his neighborhood for honesty, industry and general good conduct, and many of the more intelligent of his neighbors expressed their belief that he would not attempt any injury to the Confederate cause and that no consideration of public policy required his arrest.

In reference to the case of Charles Williams, he had lived in Fredericksburg from his birth; was a man who actually held or affected to hold opinions opposed to the common judgment of the community on most topics, especially those of religious, social or political import; was prone to controversial talk on such subjects; assumed oddity and {p.862} originality of views, and was commonly reputed a wild talker, but a kind-hearted man. He avowed that he was still under the obligations of allegiance to the United States, yet was active both in the contribution of money, time and labor in promoting the comfort and efficiency of the Confederate soldiers while our army occupied Fredericksburg. Among those citizens who best knew the real sentiments, motives and purposes of Williams, a majority deemed it a needless step to confine him as an enemy to the Confederate cause. We know nothing as to the cases of Burnham Wardwell and A. M. Pickett. We learn that they were residents of Richmond City when arrested. We know but little of the case of Squire Ralston. We hear he has been discharged from custody. We are informed he was arrested upon the charge of seeking to depreciate the Confederate currency while a laborer in the woolen factory of Kelly, Tackett, Ford & Co., at this place. We desire especially to call your attention to the fact that there are many citizens of Fredericksburg now sojourning in and near Richmond who are personally familiar with the reputation, character and the causes of arrest of Messrs. Morrison, Couse and Williams. Among them are Majs. Seth B. French and John S. Hayes, in the commissary service, Maj. M. H. Crump, quartermaster, Maj. William S. Barton, W. Yates Downman, in the Treasury Department. We respectfully but urgently ask that the cases of the prisoners aforenamed be brought to investigation before the proper officers of the Confederate Government. The citizens of Fredericksburg last named can readily be called to testify in the matter and we are sure can furnish adequate information upon which a fair judgment may be reached as to whether the public good requires their continued detention in custody. We are of opinion from personal knowledge that no consideration of public policy calls for the continued custody of the Messrs. Morrison, Couse and Williams. If this should prove to be true upon a proper investigation the release of those persons would procure the return to their homes of many of our friends now in custody as hostages for them. We feel assured that you will cause all such steps to be promptly taken for this end as you may deem consistent with the public interests and an enlightened sense of official duty.

We are, very respectfully, your obedient servants,

GEORGE ALER. J. HARRISON KELLY. [And 45 others.]

–––

CULLUM’S SPRINGS, BLADEN, ALA., August 22, 1862.

Brig. Gen. W. W. MACKALL, Macon, Ga.

MY DEAR GENERAL: I have just received your kind favor of the 8th instant.* I am happy to hear of your safe return to the Confederacy and hope you will soon receive a command commensurate with your merit. I hope you are aware that immediately after the battle I made an effort to have you and the whole force under your orders at Madrid Bend exchanged for a like number of prisoners taken from the enemy, but “Proclamation Pope” refused to do so. I always intended as soon as practicable to renew again my application but I found Halleck not more disposed to make an exchange of prisoners than his worthy lieutenant. I am delighted that at last you are out of their hands.

...

Sincerely, your friend,

G. T. BEAUREGARD.

* Not found.

{p.863}

–––

HEADQUARTERS DEPARTMENT OF TEXAS, San Antonio, August 22, 1862.

SERGEANT COMMANDING, Detachment Major Taylor’s Battalion.

SIR: You will report to the commanding officer of the post, who will deliver into your custody J. R. Ritchliff and W. P. M. Means, who have been sentenced by the military commission to be sent out of the country. On taking charge of these persons you will proceed with them without unnecessary delay to Ringgold Barracks, reporting with these instructions to the commanding officer, who is hereby directed to carry the sentence as above stated into effect, after which you will return, reporting at these headquarters. While you are held responsible for the safety of the prisoners and the execution of the sentence you are charged not to treat them with undue severity.

By order of Brig. Gen. P. O. Hébert:

C. M. MASON, Captain and Acting Assistant Adjutant-General.

–––

MILITARY PRISON. Alton, Ill., August 23, 1862.

I enlisted in the Missouri State Guard service on the 22d of May, 1861. Was elected captain of Company A, Fifth Regiment, Third Division, and received commission on the 24th of May, 1861. Received orders from Henry Little, assistant adjutant-general, by order of General Price, to destroy the bridge on the North Missouri Railroad at Sturgeon or any other in the vicinity on the 13th of June, 1861, and to repair to Booneville immediately with company. I executed the said orders on the 15th of June, 1861. Was arrested on the 15th of April, 1862, in Boone County, and tried at Saint Louis on the 8th of May, 1862, by a military commission on the charge of violating the laws of war and specification destroying said road. I denied the charge but admitted the specification. I pleaded jurisdiction and exhibited my commission and also the order for destroying the road, which was disregarded and retained by the committee, and sentenced to imprisonment during the remainder of the war. All of which is true.*

ABSALOM HICKS.

* For case of Absalom Hicks, see Vol. I, this Series, p. 503.

–––

WAR DEPARTMENT, Richmond, August 25, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: I have the honor to inclose herewith a letter from Adjutant-General Thomas, of the Federal Army, in explanation of the fact of supplies being sent on steamers taking prisoners of war to Aiken’s.

Very respectfully, your obedient servant,

ROBT. OULD, Agent, &c.

[Inclosure.]

FORT MONROE, VA., August 16, 1862.

ROBERT OULD, Esq.

SIR: I have inquired into the fact of supplies being on board one of the steamers taking prisoners of war to Aiken’s and find the following to be the facts:

On the arrival at this place of the prisoners of war from Forts Warren and Delaware they were transferred from the large sea steamers, {p.864} which could not ascend the James River, to other steamers, and finding that those employed were not sufficient to make them comfortable, a steamer of the Sanitary Commission was taken. This steamer had on board boxes of clothing and other articles for the sick, where they are kept until issued. These supplies are not intended for General McClellan’s army and were not landed at Harrison’s Landing. This additional boat was provided entirely for the accommodation of your prisoners of war.

A steamer goes up to-morrow for the 150 officers in Richmond.

Captain Milward will receive and receipt for them.

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

L. THOMAS, Adjutant-General.

–––

RICHMOND, August 26, 1862.

Honorable SECRETARY OF WAR.

GENERAL: I inclose you an order* of Buell’s adjutant-general which may have escaped your attention in regard to paroling prisoners and issued doubtless in response to the intercepted letter of General Nelson. It takes a position inconsistent with the cartel.

Very respectfully,

WM. PRESTON JOHNSTON, Colonel and Aide-de-Camp.

[Indorsement.]

Inclose copy to General Bragg and inform him that it is regarded as a violation of the cartel of exchange-which requires the release on parole of prisoners taken by either side.

G. W. RANDOLPH.

* Omitted here; General Orders, No. 41, p. 360.

[Inclosure-Newspaper slip.]

An effort to stop desertion from the Federal Army.

Bull Nelson wrote to General Buell in the dispatches that we intercepted and brought to Governor Harris recently that the general disposition to desert among his troops was alarming and that something must be done to put a stop to it. He represented that on all favorable occasions his men would desert to the enemy and have themselves paroled. The following order,* which we find published in the Nashville Union, has followed as a consequence. We don’t know what military authorities may think of it, but it strikes us as a novel idea that General Buell shall claim to determine when and upon what terms we shall parole a prisoner.

–––

GENERAL ORDERS, No. 62.}

WAR DEPARTMENT, ADJT. AND INSP. GENERAL’S OFFICE, Richmond, August 26, 1862.

...

II. It is hereby announced that no oath of allegiance to the United States and no parole by a person not in military service pledging himself not to bear arms against the United States will be regarded as an exemption from service of the armies of the Confederate States, but persons liable to conscription taking such oath or giving such parole will be enrolled for service. If captured by the enemy they will be demanded and paroled as prisoners of war.

By order:

S. COOPER, Adjutant and Inspector General.

{p.865}

–––

WAR DEPARTMENT, Richmond, Va., August 27, 1862.

B. N. HARRISON, Esq., Private Secretary to the President.

SIR: I have received the letter of D. H. Gordon with regard to T. F. Knox and others held as hostages by the enemy, referred by the President for information.

The persons for whom the gentlemen arrested in Fredericksburg are held as hostages are to be released. One of them will first be paroled to return unless the hostages are discharged.

Respectfully,

GEO. W. RANDOLPH, Secretary of War.

–––

ORDER, No. 1.} C. S. MILITARY PRISONS, Richmond, Va., August 27, 1862.

Capt. NORRIS MONTGOMERY:

By the inclosed order* you will see that I have been assigned to the command of C. S. prisons at Richmond. You will as heretofore continue in command of prisoners at Belle Isle. A report giving an accurate statement of all prisoners under your charge will be sent to this office every morning by 9 o’clock.

The countersign will be sent to you every evening. Adjutant Peacock will hand you this communication. He is to take a full list of all the prisoners under your charge, and you will please to render him any assistance, as General Winder wishes to have a new list as soon as possible.

Respectfully,

H. WIRZ, Captain and Assistant Adjutant-General, Commanding Prisons.

* Not found.

–––

ORDER, No. 2.} C. S. MILITARY PRISONS, Richmond, Va., August 27, 1862.

The officer of the day as well as officer of the guard will see that nothing is carried into the room of the Federal officers confined here, as they are by direct order from the Secretary of War not to be considered as prisoners of war. I They will further see that they do not stand about the door or converse with any person.

By order of

H. WIRZ, Captain and Assistant Adjutant-General, Commanding Prisons.

–––

GENERAL ORDERS, No. 125.}

HEADQUARTERS DEPARTMENT No. 2, Chattanooga, August 27, 1862.

By the terms of a cartel for the exchange of prisoners, signed by commissioners representing the Confederate States and United States on July 22, 1862, it is provided that “all prisoners of war captured by either party shall be paroled within ten days thereafter.”

In violation of this solemn compact the general commanding the abolition forces styled the “Army of the Ohio” has issued general

* Reference is probably to some of Pope’s officers. See General Orders, No. 54, August 1, p. 836; also, Davis to Lee, July 31, p. 830. {p.866} orders declaring all such paroles null and void unless given with his sanction. Commanders within this department will pay no respect to that order, but execute in good faith and to the fullest extent the terms of that cartel until it is abrogated by one or both of the high contracting parties.

By command of General Bragg:

JNO. M. OTEY, Assistant Adjutant-General.

–––

OLD CAPITOL PRISON, No. 9, Washington, August 28, 1862.

Hon. D. C. DE JARNETTE, House of Representatives, Richmond.

MY DEAR SIR: I was arrested at midnight of the 13th of August at my residence in Fredericksburg by General Burnside under instructions from Mr. Stanton, Secretary of War. Eleven other citizens were arrested at the same time and we were all brought to this city and lodged in prison. General Burnside gave me a list of Union men held by the Confederate authorities at Richmond for whom we are held as hostages and whose release we are informed will be followed by our immediate discharge and return to our homes and families, separation from which in their present unprotected condition is most grievous. Seven other citizens of Fredericksburg had previously been arrested and imprisoned here as hostages, making nineteen in all. I call upon you as my old friend and Representative to bring your whole influence and exertions to bear upon this subject without a moment’s delay and procure the release of the Union men whose names are herewith annexed: Maj. Charles Williams, Fredericksburg; Peter Couse, Spotsylvania County; Squire Ralston, Thomas Morrison, Moses Morrison, Burnham Wardwell, A. M. Pickett. I now give you the names of all the citizens of Fredericksburg now here and held as hostages for the above-named parties: Rev. William S. Broaddus, Thomas F. Knox, Charles C. Wellford, James McGuire, Beverly T. Gill, James H. Bradley, Thomas S. Barton (paroled), John F. Scott, George H. C. Rowe, Benjamin Temple, Dr. James Cooke, John H. Roberts, John Coakley, John J. Berry, Abraham Cox, William H. Norton, Michael Ames, Lewis Wrenn, M. Slaughter, mayor. Please inform my brother, J. W. Slaughter, in Danville, who will co-operate with you.

Very truly, yours,

M. SLAUGHTER.

P. S.-Law. G. Washington and Richard Washington are also state prisoners from Westmoreland County. Since writing the within I learn from General Wadsworth, Military Governor, that our release from prison must be effected by exchange for the same number of Union men held by the Confederate Government, man for man.

M. S.

–––

HDQRS. DEPARTMENT OF SOUTHWESTERN VIRGINIA, Salt Sulphur Springs, August 29, 1862.

Hon. G. W. RANDOLPH, Secretary of War, Richmond, Va.

SIR: In reply to your letter of the 23d instant I have to inform you that there is no evidence bearing on the justice of the claim that Doctor {p.867} Rucker shall be treated as a prisoner of war except the verbal statement of Lieutenant-Colonel Starr, captured at the same time, that he was provost-marshal at the enemy’s post of Summersville. From the voluminous evidence of citizens and others, and which I ordered to be forwarded with Rucker, I am of opinion that he cannot successfully be treated as a spy, but should be prosecuted for the treason of leading the enemy into our settlements and burning the bridge over Cow Pasture River while he was a citizen.

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

W. W. LORING, Major-General, Commanding.

–––

COLUMBUS, MISS., August 29, 1862.

Maj. T. L. SNEAD, Assist ant Adjutant-General, C. S. Army.

MAJOR: I intend to send the list of Federal officers captured in Missouri to the Secretary of War, C. S. A., and desire to know what became of the company rolls. Please inquire of Weightman and inform me as soon as practicable. Also inform me what was done with the list of officers and privates exchanged. I have examined General Price’s records in vain for them. You may be able to ascertain by inquiry. Will the muster-rolls of Missouri troops be ready soon ? In the event of movement toward Missouri I hope you will remember the interest I officially have in such information as may be communicable. I do not wish to move my office unnecessarily.

Very respectfully, your obedient servant,

W. HOUGH, Adjutant-General of Missouri.

–––

RICHMOND, August 30, 1862.

Hon. G. W. RANDOLPH.

SIR: I am directed by the President to forward to you for your attention and the proper action the subjoined copy of a resolution of the House of Representatives of this date:

Resolved, That the President be requested to communicate to this House the cartel recently agreed upon for a general exchange of prisoners with the enemy and to inform this House whether the enemy is known to have violated the same in any way, and particularly by administering oaths of allegiance to prisoners in their custody and retaining them in the United States.

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

BURTON N. HARRISON, Private Secretary.

[Indorsement.]

Acknowledge transfer and inclose a copy of the cartel to the President and inform him that the Department has no reason to believe that any of our prisoners have been coerced into taking the oath of allegiance to the United States. A list of 309 who had taken the oath, attested by their own signature, was furnished to our agent and were dropped by the enemy from their roll of prisoners, thus leaving an equal number of their prisoners in our hands hot embraced in the exchange. We are not informed of any violations of the cartel. An order issued by General Buell which if carried out will be a violation of it has been made the subject of a strong remonstrance by General Bragg, and we hope will be rescinded.

G. W. R.

{p.868}

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C. S. MILITARY PRISONS, Richmond, Va., August 31, 1862.

Capt. N. MONTGOMERY, Belle Isle.

CAPTAIN: There will be an additional number of prisoners here by to-morrow-about 2,000. This will make it necessary to extend your lines. Have you men enough? If not let me know how many more you want; also how many more tents. I shall send you to-morrow 100 guns.

Very respectfully,

H. WIRZ.

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Return of provisions received and used at Lynchburg Military Prisons during the month of August, 1865, by Capt. J. V. L. Rodgers, acting assistant quartermaster and assistant commissary of subsistence, C. S. Army.

Date.Voucher.From whom received.Fresh beef.Mutton.Bacon.Flour.Beans.
1862.Pounds.Pounds.Lbs.oz.Bbls.lbs.oz.Bushqts.
Balance on hand per last return5,2576767,08986012610523
Aug. 51Capt. John M. Galt, commissary of subsistence.6,350014500300
Aug. 182do15,713
Gained in issuing477912119
Total to be accounted for20,97067613,4398253106470
Aug. 311To prisoners of war, as per abstract.9,50467611,0568185586
Aug. 184To Capt. John M. Galt, commissary of subsistence.8660671480470
Aug. 315To Capt. J. V. L. Rodgers, acting commissary of subsistence.11,4642000
Actual wastage in three months21,3170
Total issued20,97067613,4398253106470
Date.Voucher.From whom received.RiceSugarVinegar.Candles.Soap.Salt.Whisky.
1862.Lbs.oz.Lbs.oz.Galls.Lbs.oz.Lbs.Bush.qts.Galls.
Balance on hand per last return.1,140155661243464
Aug. 51Capt. John M. Galt, commissary of subsistence.1,19102,7840450500160
Gained in issuing15
Total to be accounted for.2,331153,3501245135045064
Aug. 311To prisoners of war, as per abstract.1,02501,504144515449205
Aug. 312Extra issues, as per abstract.13134
Aug. 153To Capt. J. Warner acting commissary of subsistence.8820
Aug. 184To Capt. John M. Galt, commissary of subsistence.1,30209320518
Aug. 315To Capt. J. V. L. Rodgers, acting commissary of subsistence.220
Actual wastage in three months.415313255814
Total issued2,331153,3501245155045064

J. V. L. RODGERS, Capt. and Acting Assistant Quartermaster for Prisoners of War.

{p.869}

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WAR DEPARTMENT, Richmond, September 1, 1862.

His Excellency JEFFERSON DAVIS, President, &c.

SIR: In response to the resolution of the House of Representatives referred to this Department I have the honor to inclose a copy of the cartel* agreed on for the exchange of prisoners and to inform you that the Department has no reason to believe that any of our men have been coerced into taking the oath of allegiance to the United States Government. A list of 309 who had taken the oath, attested by their own signatures, was furnished to our agent and they were dropped by the enemy from the roll of prisoners, thus leaving an equal number of their prisoners in our hands not embraced in the exchange.

The Department is not informed of any violation of the cartel. An order issued by General Buell which if carried out will be a violation of it has been made the subject of a strong remonstrance by General Bragg, and it is hoped the order will be rescinded.

Very respectfully, your obedient servant,

GEO. W. RANDOLPH, Secretary of War.

* Omitted here; see p. 266.

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HDQRS. DEPARTMENT OF SOUTHWESTERN VIRGINIA, The Narrows, September 1, 1862.

Hon. G. W. RANDOLPH, Secretary of War, Richmond, Va.

SIR: I have the honor to inclose herein a copy of a letter from Colonel Gilbert, commanding forces of the enemy at Fayette County, making inquiry in regard to Rev. John Brown, of Greenbrier County, and Doctor Rucker, which I am unable to answer, and I therefore beg that you will direct me in regard to the reply.

The President had previously made known to me that two chaplains of the enemy captured by us had been released in exchange for whom he thought John Brown should be released, and of this I had informed the commanding officer of the enemy’s forces.

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

W. W. LORING, Major-General, Commanding.

[Inclosure.]

HEADQUARTERS THIRD PROVISIONAL BRIGADE, Fayette County, Va., August 29, 1862.

COMMANDING OFFICER, Confederate Forces in Monroe County, Va.

SIR: I am directed by the commanding officer in this district to inform you that the Rev. John Brown denies having accepted the commission of chaplain; that his case, together with Major-General Loring’s letter, has been submitted to the Secretary of War.

I am also directed to notify you that the commanding officer in this district has received information from what he deems a reliable source that Doctor Rucker (a loyal citizen of the United States, who was arrested at Summersville about a month ago, and for whom Hon. Samuel Price, a citizen of Lewisburg, is held as a hostage) is kept in close confinement and in irons and is treated otherwise with unusual and unnecessary harshness and rigor, and to ask you if this is true.

Also to notify you that if this question is answered in the affirmative, or if no direct answer is given, Hon. Samuel Price, who has thus {p.870} fair since his arrest been allowed the limits of the town of Charleston, will at once be placed in close confinement and in irons and so kept until information is received of a change of treatment to Doctor Rucker, when the same will be accorded to Mr. Price.

Doctor Rucker’s wife and children accompany this flag of truce and I would respectfully ask that she be permitted to see her husband and that the courtesies due her sex and condition be extended to her. The rigors of war should be made to rest as light as possible upon non-combatants who are not responsible for its existence.

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

S. A. GILBERT, Colonel, Commanding Brigade.

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HEADQUARTERS CAMP, Staunton, Va., September 1, 1862.

GEORGE W. RANDOLPH, Secretary of War.

DEAR SIR: John A. Reynolds, who was taken prisoner at the battle of Manassas, presented to me a discharge from the Secretary of War, which not exempting him I enrolled him. He now presents a pass, copy of which please find inclosed, which he accepted rather than remain in their prison, learning from them that he would never be exchanged, paying little attention to the oath when read and not signing it. He has not received pay since he was allowed to return. Shall he be sent to be exchanged as a paroled prisoner or remain enrolled as a conscript?

Very respectfully,

M. G. HARMAN, Colonel Fifty-second Regiment Virginia Volunteers, Enrolling Officer.

[Inclosure.]

HEADQUARTERS MILITARY DEPARTMENT, Washington, July 31, 1861.

Pass John A. Reynolds over the Chain Bridge and to Falls Church.

By order of General Mansfield, commanding:

DRAKE DE KAY, Aide-de-Camp.

It is understood that the within named and subscriber accepts this pass on his word of honor that he is and ever will be loyal to the United States, and if hereafter found in arms against the Union or in any way aiding her enemies the penalty will be death.

[Indorsement.]

I certify that this is a correct copy of a pass given to and in possession of John A. Reynolds.

M. G. HARMAN, Colonel Fifty-second Regiment Virginia Volunteers, Enrolling Officer.

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RICHMOND, September 3, 1862.

Maj. N. G. WATTS, Vicksburg, Miss.:

We are now delivering the Federal prisoners at this place and will order to Vicksburg the few that are confined in the South.

G. W. RANDOLPH, Secretary of War.

{p.871}

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JACKSON, MISS., September 3, 1862.

General L. TILGHMAN:

Received following from Secretary of War:

The exchanged prisoners must be sent to their respective regiments. Where the headquarters of the regiment is with you it will remain under your command.

First Alabama here under Villepigue. Send balance here.

EARL VAN DORN.

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C. S. MILITARY PRISONS, Richmond, Va., September 5, 1862.

Brig. Gen. J. H. WINDER.

GENERAL: James Owens, Company E, City Battalion, whilst on post No. 3 discharged his gun at a Federal prisoner, name unknown, who amused himself since last evening putting his head out of the window, and when told by the sentinels on post to take it in would abuse them. Said Owens being on post, the prisoner at his game again, fired at him, not with the intention to hit him, but merely to frighten him; unfortunately the ball went in through the open window and through the ceiling, killing instantly one John Hickey, citizen prisoner from Philadelphia. I had Owens immediately put under arrest until further orders.

Most respectfully, your obedient servant,

H. WIRTZ.

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C. S. MILITARY PRISONS, Richmond, Va., September 5, 1862.

Capt. N. MONTGOMERY:

Will you be so kind as to give such orders as will exclude everybody (women not excepted) from selling pies, fruit and other things to prisoners under your charge, as this has been a source of trafficking in money, &c. The commissary at the island will be the only one allowed to trade.

Your obedient servant,

H. WIRZ, Captain, Commanding.

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HEADQUARTERS ARMY OF KENTUCKY, Lexington, Ky., September 6, 1862.

Col. J. WARREN GRIGSBY, C. S. Army, Lincoln County, Hy.

COLONEL: I am directed by Maj. Gen. E. Kirby Smith to inform you that you are hereby authorized to parole the home-guards in the counties of Boyle, Lincoln and Mercer on condition that they give up their arms and pledge themselves not to take up arms again or in any way give aid or comfort to the enemies of the Confederate States by giving information or otherwise while within the Confederate lines.

Very respectfully, your obedient servant,

H. P. PRATT, Lieutenant and Acting Assistant Adjutant-General.

{p.872}

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GENERAL ORDERS, No. 64.}

WAR DEPARTMENT, ADJT. AND INSP. GENERAL’S OFFICE, Richmond, September 8, 1862.

I. Conscripts in the employ of the Government who leave their employment without authority will be arrested as deserters on the order of the officer under whom they are employed. Conscripts working for contractors will, under like circumstances, be arrested as deserters by the enrolling officer of the district on complaint and proof by the contractor.

II. The reception of substitutes under eighteen years of age is hereby prohibited. The reception of substitutes into partisan corps is prohibited, as is also the reception of substitutes into any company not fully organized and received by the Department. A substitute becoming liable to conscription renders his principal also liable, unless exempt on other grounds.

...

V. Paragraph II, General Orders, No. 62, current series, is amended se as to read as follows:

It is hereby announced that no oath of allegiance to the United States and no parole by a person not in military service pledging himself not to bear arms against the United States will be regarded as an exemption from service in the armies of the Confederate States, but persons liable to conscription taking such oath or giving such parole will be enrolled for service. If captured by the enemy they will be demanded as prisoners of war.

By order:

S. COOPER, Adjutant and Inspector General.

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SAN ANTONIO, September 8, 1862.

Capt. C. M. MASON, Acting Assistant Adjutant-General.

SIR: I have examined with care the transcript referred to me through you, the same being a certified record of the proceedings and decision of the provost-marshal of Travis County in the matter of the Confederate States vs. George W. Paschal, charged in general terms with disloyalty.

The facts proven on the examination consisted altogether of a culpable neglect on the part of Paschal to render for assessment his property, and a consequent failure to pay the Confederate States war tax when assessed by the proper officer. For this neglect on his part he suffered the penalty of the law, viz, the forced sale of his property, the imposition of a double tax, &c. The law having provided this penalty and no other, and Paschal having suffered it, it appears plain under the facts presented on the record there is no case for the action of the military commission, as under the paragraph of the general order defining its jurisdiction it is clearly inhibited from taking judicial cognizance of a matter which (in the form here presented at least) is so peculiarly and completely within the province of the civil authorities, and on which they have already acted in the manner pointed out by the law. It is not deemed necessary further to refer to the pleadings, protest and other documents in the record.

Respectfully submitted.

C. S. WEST, Judge-Advocate and Recorder.

{p.873}

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LIBBY PRISON, Richmond, Va., September 8, 1862.

Brigadier-General WINDER.

SIR: We, the undersigned, officers of the U. S. Army, were taken by the army of General Jackson at or about Manassas and directly upon our arrival from the Peninsula. Understanding that a difference of treatment, &c., is made by you between the officers of General Pope’s command and those of General McClellan, and that the former alone are not subject to the agreement of parole made between our Governments, and being informed by your officers that we are considered and treated as officers of General Pope, we beg respectfully to direct your attention to the circumstance of our belonging only to the Army of the Potomac.

J. FRED. PIERSON, Lieutenant-Colonel First Regiment New York Volunteer Infantry. R. A. BACHIA, Lieut. Col. Eighty-seventh Regiment New York Volunteer Infantry. WM. H. LEAYCRAFT, Captain, Eighty-seventh Regiment New York Volunteer Infantry. JOHN C. LASSEN, Captain, Eighty-seventh Regiment New York Volunteer Infantry. D. P. JONES, Captain, Eighty-third Pennsylvania Volunteer Infantry. J. C. CONSER, Captain, One hundred and fifth Pennsylvania Volunteers. [And many others.]

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C. S. MILITARY PRISONS, Richmond, Va., September 9, 1862.

Captain MONTGOMERY and Doctor BARHAM.

SIR: You will please issue an order that all the effects within, clothing, money, papers, &c., found in the possession of a deceased prisoner be immediately given to you, and you will send them to me on my giving you a receipt for the same, as I have to forward all such things to Captain Morfit, assistant quartermaster on General Winder’s staff.

Very respectfully,

H. WIRZ, Captain, Commanding Prisons.

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FRONT ROYAL, September 10, 1862.

Hon. JEFFERSON DAVIS, President of Confederate States.

DEAR SIR: On the 23d day of July last a raid was perpetrated by seventeen cavalrymen of Captain Baylor’s company on a train of wagons belonging to the Third Delaware Regiment, near Nineveh, in this county (Warren), capturing and carrying off some ten men and about twenty-five horses from the wagons. During the succeeding night the regiment (Third Delaware), under command of Lieutenant-Colonel Jenkins, visited the neighborhood and captured (from their beds at their several residences) Thomas McKay, William D. Bartlett and Benjamin Hicks, and I, being on a visit to my neighbor Bartlett, was also arrested.

{p.874}

The next day while we were under arrest [he] sent a squad of cavalry and stripped our farms of all the horses fit for service and a quantity of gear, saddles, &c. I was released a few days afterwards, but Messrs. Hicks, Bartlett and McKay were retained in prison here one week and then sent to Culpeper Court-House, at which place they were kept confined until the battle of Cedar Creek, or Slaughter Mountain, since which time they have not been heard from but are believed to have been sent to Washington City. I write you a statement of the facts at the urgent request of the families of the absent parties, who are in a very distressed condition. There were no charges preferred against them that I know of-none while here, except that they were believed to have known of the intended raid, but no trial was given them, as there was not a particle of evidence nor even suspicion against them.

One of the gentlemen, Mr. Bartlett, is sixty-six years of age and delicate, and his family think he cannot live if exposed to hardship.

I am not aware that anything can be done to relieve them, but it would be a great satisfaction to their families to know where they are, and if any prudent means can be adopted for their relief it would be gratifying. They were offered release upon taking an oath of allegiance to the Federal Government before they were sent from here, which they refused to do.

Very truly, your obedient servant,

EDWD. B. JACOBS.

–––

FRONT ROYAL, September 10, 1862.

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

RESPECTED SIR: I have been informed that the officers and many of the men of the Third Delaware Regiment have been taken prisoners at the battles of Manassas and Catlett’s Station; if so I should be pleased that they be retained until charges can be preferred against them. While holding myself and others at the point of the bayonet in the guard-house they broke open our store-house and the houses of others and carried off before us all the stocks of goods on hand, as well as valuable papers and books. This was done under the eye of and the men said by direction of the field officers, viz, Colonel Redden, Lieutenant-Colonel Jenkins and the major of the regiment, and the owners of the merchandise taunted by the men in the immediate presence of the officers. Therefore if taken I hope they may be handed over to Governor Letcher to be tried for the offense; the evidence is positive. They further sent to my farm and took off my horses and negroes; afterwards released the negroes but retained the horses and other property, under General Pope’s order, as they said.

Your obedient servant,

EDWD. B. JACOBS.

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WAR DEPARTMENT, September 11, 1862.

Major-General VAN DORN, Jackson, Miss.:

The exchanged prisoners must be sent to their respective regiments. Where the headquarters of the regiment is with you it will remain under your command and brigades and divisions may be formed without reference to former brigades and divisions, but troops of the same State must be brigaded together as far as practicable. Conscripts must be distributed to all the regiments of the State. Every effort will be made to arm and equip the troops. Your rank necessarily gives {p.875} you the right to command General Price when you are acting together. Nothing in these instructions must be considered as rescinding the orders or interfering with the arrangements of General Bragg.

G. W. RANDOLPH, Secretary of War.

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WAR DEPARTMENT, Richmond, September 11, 1862.

General H. W. MERCER, Savannah, Ga.:

The prisoners at Macon will soon be exchanged and I should think might be guarded by one battalion. Order Col. Jack Brown’s regiment to General R. E. Lee forthwith. Answer by telegraph.

G. W. RANDOLPH, Secretary of War.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, September 11, 1862.

Col. S. J. SMITH, Commanding Legion, Loudon, Tenn.

COLONEL: In answer to your inquiry relative to paroled Federal prisoners the major-general commanding directs me to say that you will cause them to be arrested and sent to this place.

Very respectfully, your obedient servant,

H. S. BRADFORD, Assistant Adjutant-General.

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HEADQUARTERS DEPARTMENT OF HENRICO, Richmond, September 11, 1862.

Capt. ERWIN A. BOWEN, C. S. Military Prison.

SIR: I am instructed by the general commanding this department to inform you that in consideration of your kind treatment to our citizens while acting as provost-marshal of Harrisonburg the Secretary of War has directed that you be treated as a prisoner of war to be exchanged at an early day.

Respectfully,

W. S. WINDER, Assistant Adjutant-General.

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WAR DEPARTMENT, September 12, 1862.

Brig. Gen. J. G. MARTIN, Raleigh:

The Department wishes to understand the object of your orders to the officer in charge of the prisoners at Salisbury. The prisoners and prison-guard are under the sole control of Brig. Gen. John H. Winder and this arrangement should not be interfered with except in case of emergency.

G. W. RANDOLPH, Secretary of War.

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EXECUTIVE DEPARTMENT, September 12, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: I have received your communication of the 11th instant.

In case the Government should determine to grant the request contained in my letter of the 15th August it was my purpose to instruct {p.876} the attorneys for the Commonwealth in the several counties in which Pope’s army may have been to inaugurate the proper proceedings and have the parties who have been guilty of stealing or willfully destroying private property indicted. In my intercourse with persons from the section of the State referred to I have no doubt that sufficient evidence to convict them can be procured against many of Pope’s officers. It could not be supposed that I could have a personal knowledge of these violations of the State laws, but I had sufficient reason for the belief that by means of grand juries of the counties I could be able to designate the guilty persons.

In the case of Doctor Rucker I can designate the offenses for which he will be tried if the Government will turn him over to the State authorities. I transmit for your inspection copies of three warrants:* The first for treason, the second for murder and the third for horse stealing. If turned over to me he will be sent to Alleghany for trial on these charges. This was the course I designed to adopt in all cases.

Respectfully,

JOHN LETCHER.

[First indorsement.]

Respectfully submitted to the President. General Loring was ordered to inquire and report whether Doctor Rucker at the time of his capture was in the military service of the United States, but no report has yet been received. In the absence of information on the subject and of any claim on the part of the enemy that he was in their service the presumption would be that his original status continues and that he is a civilian. Such being the case the claim of the Governor seems to have some foundation.

G. W. RANDOLPH, Secretary of War.

[Second indorsement.]

On the warrants for murder and horse stealing, being criminal offenses against the law and peace of the country where he was residing, he may be delivered to the civil authorities.

J. D.

[Third indorsement.]

OCTOBER 2.

Inform Governor Letcher that Doctor Rucker will be delivered for trial on the warrants for murder and horse stealing and that General Winder has been instructed to deliver him to whoever the Governor shall appoint to receive him.

The delivery for trial on the charges above mentioned renders it unnecessary to discuss the policy of our initiating trials for treason or to determine whether the Government would have delivered him up for trial on the charge of treason alone.

G. W. RANDOLPH.

* Omitted.

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HOUSE OF REPRESENTATIVES, Richmond, Va., September 12, 1862.

Hon. G. W. RANDOLPH, War Office, Richmond, Va.

SIR: Six weeks ago, more or less, Col. John H. Morgan, the famous partisan chief, attacked and captured a Pennsylvania battalion near Tompkinsville, Ky. Amongst the prisoners taken was a Major Jordan, commanding said battalion. This prisoner was sent to Madison, Ga., {p.877} for safe-keeping. He is there now if not exchanged. In regard to this fellow Jordan I wish to bring to your notice the following facts:

1. Two months before his capture he came with his battalion to Sparta, Tenn. He made an order on the ladies of the town to cook for 600 men in one hour and upon failure he said he would turn his men loose upon them and he would not be responsible for anything they might do. The ladies understood this as a threat of rape. They were forced into compliance with his demands.

2. A few days before he was captured he with a part of his command was at Selina, a little village in Buchanan County, Tenn. He told the ladies there that unless they cooked for his command they had better sew up the bottoms of their petticoats.

These facts can be proven by the most indubitable testimony. I will state that they occurred in the District which I have the honor to represent here and I have deemed it due to the ladies of these places to bring the facts to the notice of the Government that the proper steps may be taken to punish the barbarous wretch for the grievous insult.

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

E. L. GARDENHIRE.

[First indorsement.]

Respectfully submitted to the President. His instructions are asked.

G. W. RANDOLPH, Secretary of War.

[Second indorsement.]

Hold the prisoner for further inquiry into the outrages reported.

J. D.

[Third indorsement.]

OCTOBER 1, 1862.

Referred to General John H. Winder for inquiry and report. In the meanwhile detain him.

G. W. RANDOLPH, Secretary of War.

[Fourth indorsement.]

NOVEMBER 26, 1862.

COMMISSIONER: The most that can be said of Major Jordan, if his conduct is correctly reported, is that he behaved in a ruffianly and brutal manner. There was no overt act that would deprive him of the privileges of the laws of war. His own denial* and the certificate of his brother officers are entitled to some weight. It is the decision of the Department that he be paroled or exchanged.

By order of the Secretary of War:

J. A. CAMPBELL, Assistant Secretary of War.

* See Jordan to Secretary of War, October 11, p. 915.

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HEADQUARTERS DISTRICT OF NORTH CAROLINA, Raleigh, September 13, 1862.

Hon. G. W. RANDOLPH, Secretary of War, Richmond, Va.

SIR: Your telegram of this date is received. In reply I beg to inform you that the only order given by me to the officer in command at Salisbury is one from General French dated the 10th instant, a copy* of {p.878} which I inclose herewith. A few days after I was assigned to the command of this district I asked General French if I had command of the prison-guard at Salisbury. He answered, “The prison-guard at Salisbury is under your command.” A copy of my order assuming command of the district was then sent to the commanding officer. He was also required to send in regular returns of his guard and the names of the officers. But as the orders given by me did not affect the garrison in any respect I presume the one referred to in your telegram is the one given by General French, which explains itself.

I am, very respectfully, your obedient servant,

J. G. MARTIN, Brigadier-General.

P. S.-In the letter inclosing General French’s order to the commanding officer at Salisbury he was directed to report the number of prisoners there and what additional guard, if any, was necessary for the post after removing the company of the Fifty-seventh Regiment.

J. G. M.

* Not found.

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POST-OFFICE DEPARTMENT, CONTRACT BUREAU, Richmond, September 13, 1862.

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

GENERAL: Thanks to the permit which you had the kindness to extend to me on the 11th instant I had an interview with Frank D. Orme, who satisfied me as to the causes which had brought him into our lines and which resulted in his capture together with that of some sixty other Yankee civilians. He states to me that an order emanating from Stanton, the Secretary of War of the late United States, and communicated by the corresponding heads of departments, directed him in common with other Federal clerks to proceed to the fields of Pope’s victories to bury the dead and tend the wounded, for which offices he could not spare his victorious soldiery. I have not the least doubt that the poor devil was put in a dilemma between the sympathies of his heart and the retention of office, which is but a convertible term with many for the despotism of poverty. I know from personal experience that had I not in June 1861, on the return from my mission to Central America had some hoarded means I would not only have been unable to reach our Southern territory, but would most probably have tenanted some of the Spielbergs or Bastiles of the constitutional expounder of the law of despotism.

I take a great interest in the condition and fate of young Orme, who I beg to repeat stands so high in the estimation of myself and wife that when under a special passport from Seward granted to the wife and children of a returning minister (they had accompanied my legation abroad) they left Washington for Richmond in August of last year, Mrs. Dimitry in disseminating our personal property, which she was forbidden to remove, deposited much of it of great value with the subject of this note. That it is still safe I have abundant assurance and proof.

Now, general, without knowing or judging of the intents of our Government in relation to these captured civilians and aware at the same time that the proceedings usual in the case of prisoners of war can hardly be expected to be extended to them, theirs being a novel and exceptional case of capture, conscious of the danger which might result to our safety as belligerents from having a released and intelligent prisoner {p.879} in our midst, I would most respectfully suggest, if the disposition of these civilians has not been otherwise decided on and if it shall meet with your concurrence and the approval of the Secretary of War, that Frank D. Orme have, under his parole, my house in Petersburg assigned to him as a prison, with the understanding that I with any other known citizen of the Confederacy shall be sponsor for him, and that under such parole he shall neither leave my house nor hold converse with any one out of the presence of myself or of a controlling member of my family. Such a precaution in the case of Mr. Orme I do not deem necessary. I suggest it, however, out of abundant prudence and still more as an evidence of my conviction that no detriment shall accrue to the Confederacy for his temporary release should the favor for which I apply under the recited conditions commend itself to you and the Secretary’s better decision. This proposition, of course, looks to the contingency of their being exchanged as prisoners of war at an opportune time. If, on the contrary, it should be the policy of our Government to look upon them, and Orme among the number, as persons fit to be hostages for the safety and freedom of our private citizens who have been ruthlessly dungeoned in U. S. fortresses and prisons I wish it to be clearly understood that this application must be looked upon as if it never had been made by yours,

With the very highest respect,

ALEX. DIMITRY.

–––

MIDDLEBURG, VA., September 13, 1862.

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

I am requested by Maj. B. P. Noland, commissary of subsistence, to inclose you a copy of a parole given by Mr. Samuel Field, who was arrested by the enemy in the county of Fauquier last May. Mr. Field was in the employment of Mr. Noland as purchaser of cattle, &c., from July, 1861, and at the time of his arrest was engaged in driving cattle out of the country within the lines of the enemy. Mr. Noland says Mr. Field was the most valuable and efficient agent he had and that it is very important to have his services at this time. He therefore desires that you will if possible have Mr. Field exchanged or in some other way released from the obligation of his parole. Mr. Field says that he was assured by the officer who took his parole that it would only bind him whilst he remained within their lines.

Very respectfully, &c.,

LAWRENCE B. TAYLOR.

[Indorsement.]

OFFICE COMMISSARY-GENERAL OF SUBSISTENCE, Richmond, Va., September 22, 1862.

Respectfully referred to Secretary of War with the request that Mr. Samuel Field be released from his parole by order, as he is not bound by equity.

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

[Inclosure.]

HDQRS. DETACHMENT ELEVENTH PENNSYLVANIA VOLS., The Plains, Va., May 11, 1862.

I, Samuel Field, being held in arrest by the Eleventh Regiment Pennsylvania Volunteers, in consideration of being released from the {p.880} same, do hereby pledge my word of honor as a gentleman that I will not either directly or indirectly aid, assist or give comfort to any enemies of the United States of America.

SAMUEL FIELD.

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SHIP ISLAND, MISS., September 13, 1862.

JEFFERSON DAVIS, President of the Confederate States

SIR: A close prisoner on this desolate island with some fifty others of my fellow-citizens, I have thought it my duty at every risk to communicate to you some at least of the incidents of the administration of the brutal tyrant who has been sent by the United States Government to oppress, rob, assault and trample upon our people in every manner which the most fiendish ingenuity and most wanton cruelty could devise and in gross violation of all the laws and usages of the most remorseless wars between civilized and even savage nations and tribes. Previous to my committal to Ship Island as a close prisoner, where I was consigned with seven other respectable citizens to a small hut fifteen feet by twenty, exposed to rain and sun, without permission to leave except for a bath in the sea once or twice a week, I had prepared an elaborate statement of the outrages perpetrated by Butler upon our people or rather of the more flagrant ones which I committed to Reverdy Johnson, a commissioner of the United States who had been sent out to investigate and report upon certain transactions of Butler. Mr. Johnson received this document, but stated that his mission related exclusively to certain issues which had arisen between Butler and the foreign consuls. He manifested, however, some sympathy for our wronged people and some disgust for the excesses and villainies of Butler. Shortly after Mr. Johnson’s departure I was sent to Ship Island. A description of the causes and circumstances of the imprisonment of our citizens who are now held on this island will afford some of the mildest illustrations of Butler’s brutality. There are about sixty prisoners here, all of whom are closely confined in portable houses and furnished with the most wretched and unwholesome condemned soldiers’ rations. Some are kept at hard labor on the fort; several in addition to labor are compelled to wear a ball and chain which is never removed. Among these is Mr. Shepherd, a respectable, elderly and weakly citizen, who is charged with secreting certain papers belonging to the naval officer of the Confederate States, which the latter left in his charge when he departed from New Orleans. Mr. Shepherd had the proof that the officer who had deposited these documents afterwards returned and took them and that they had been carried into the Confederate States. This testimony Butler would not receive and declared that if it existed it would make no difference in his case. Doctor Moore, a dealer in drugs, is also at hard labor with ball and chain, on the charge of having sent a few ounces of quinine into the Confederate States. There are five prisoners condemned and employed at hard labor on the charge of intending to break their parole as prisoners of war, captured at Fort Jackson. There is also a delicate youth from the country who is subjected to the same treatment on the charge of being a guerrilla, the term which Butler applies to the partisan rangers organized under the act of Congress of the Confederate States. Alderman Beggs, on the charge of denouncing those who, having taken the oath to the Confederate States, afterwards swore allegiance to the United States, and Mr. Keller, a vender of books, stationery and scientific apparatus, on the charge of permitting {p.881} a clerk to placard the word “Chickahominy” on a skeleton which was suspended in his show window for sale for the use of students of anatomy, are condemned also to close imprisonment and hard labor for two years. The others mentioned above are condemned for a longer period. A like condemnation and punishment were imposed upon Judge John W. Andrews, a most respectable citizen, recently a member of the judiciary of the State, of the Legislature, and of the city council, and a prominent merchant. This gentleman is advanced in years and in very delicate health. There is little hope that his health can long sustain his present burdens and hardships. The circumstances of Mrs. Phillips’ imprisonment are probably known to you. As, however, I desire this to be an authentic and studiously accurate statement of the facts I will here relate them.

In the raid of the U. S. troops near Warrenton, Miss., a young officer named De Kay was mortally wounded. He died in New Orleans and an attempt was made by the Federal authorities to getup a pompous funeral ceremony and procession in honor of so “gallant and heroic a young officer” who had fallen in an expedition which had no other purpose or object but the pillage of defenseless farms and villages. The efforts to excite the sympathies of our people on this occasion proved a ridiculous failure and the funeral ceremony had no aspect of solemnity or even propriety, a long line of carriages composing the cortege designed for the Union citizens being all empty. As this procession passed the residence of P. Phillips, esq., Mrs. Phillips, standing on the balcony with several lady friends, was observed by some Federal officer to smile, so it was charged. She was immediately arrested and taken before Butler, who in the most brutal and insolent manner sought to terrify the heroic lady. In this he did not succeed. Whilst denying that her gaiety had any reference whatever to the funeral ceremony Mrs. Phillips refused to make any apologies or concessions to the vulgar tyrant. Thereupon she was condemned to close imprisonment in a filthy guardroom, thence to be transported to Ship Island, where she was to be held in close confinement for two years with no other fare but soldiers’ rations; no intercourse or correspondence with any person except through General Butler. This sentence was published in the newspapers, accompanied by words of the grossest insult and most vulgar ribaldry, in which Mrs. Phillips was denounced as “not a common but an uncommon bad woman,” referring to his proclamation, denounced by Lord Palmerston and the whole civilized world as “so infamous,” in which his soldiers are authorized to treat “as common women plying their profession” all who may manifest any contempt or discourtesy toward them. To add further insult, in the order condemning Mr. Keller it was made part of his sentence to permit him to hold converse and intercourse with Mrs. Phillips, to which condition this honest man was induced to protest from the belief that his fellow prisoner was a notorious courtesan of the city who bore the name of Phillips. This protest was published in the paper with Butler’s order granting the request of Keller, so as to convey to the world the idea that a poor vender of periodicals declined association with a lady of the highest respectability, the wife of a distinguished lawyer and ex-Member of Congress. I can bear personal testimony to the rigorous execution of the sentence against Mrs. Phillips, having been imprisoned for weeks in a building adjoining to that which she was never allowed to leave. Such was the treatment of a delicate lady of the highest refinement, the mother of nine children. The case of Judge Andrews presents another striking example of the brutality and dishonesty of Butler. The charge against {p.882} him imputed the horrid crime of having received and exhibited, nine months before the arrival of Butler in the city, a cross which had been sent to him by a young friend in our army at Manassas and which it was represented was made of the bones of a Yankee soldier. No proof whatever was adduced that such exhibition had ever been made by Judge Andrews in exultation, and the cross after being received was destroyed before Butler arrived in the city. In his first interview with the authorities of the city Butler had declared that he would take no cognizance of any acts committed before he occupied the city and established martial law therein. This solemn and oft-repeated pledge he has violated in a thousand instances.

Of the other prisoners there are three captains in the Confederate service who have copies of their parole as prisoners of war and who are sent here upon no specific charge, but as suspicious persons who might break the lines and go into the Confederate service. They are Captain McLean, late of the McCulloch Rangers; Captain Losberg, who commanded the De Feriet Guards of the Chalmette Regiment, captured and paroled by Commodore Farragut in the attack upon the forts below the city, and Captain Batchelor, of the Third [First] Regiment of the Louisiana Regulars. There is also a young creole, the sole protector of his family, his father having recently died, who is sentenced to an indefinite punishment on the charge, supported by the testimony of his own slave, a negro boy, of having thrown a revolver into the river after Butler’s order requiring the citizens to deliver up their arms had been published. This is the case of Mr. Le Beau, of one of the oldest and most respectable Creole families in the State. The other prisoners here are imprisoned upon like frivolous charges. Some eight or ten of them for the publication of cards denying that they had taken the oath of allegiance to the United States, their names having been published in Butler’s journal among those who had taken that oath. In the case of Mr. Davidson, a gallant young lawyer who has not yet recovered from a severe wound received at Shiloh, the offense consisted in his publishing a card stating that he was not the person of the same name who was published as having taken the oath. So much for the prisoners at Ship Island, with the facts of whose cases I am personally acquainted. I refrain from any reference to my own case, hard as my doom is, closely confined on this island with all my property appropriated by the enemy and my family placed under strict espionage and subject to many annoyances, insults and discomforts. With all its trials and hardships the condition of the prisoners here is quite easy and endurable compared with that of those who are confined in the damp and unwholesome casemates of Forts Jackson and Saint Philip, on the Mississippi, and in Fort Pickens, on Santa Rosa Island. Among the latter is the mayor of the city, who has been imprisoned for four months for the offense of writing a letter to Butler protesting against his order relative to the treatment of the ladies of the city and declaring his inability to maintain the peace of the city if the Federal soldiers were thus authorized to insult and outrage our women at their own pleasure and will. The secretary of the mayor, who wrote the letter signed by the mayor, was included in the same committal and imprisonment. Several members of the council for like or smaller offenses suffer the same punishment. Doctor Porter, a wealthy dentist and citizen, is imprisoned for requiring the Citizens’ Bank, the pet bank and place of deposit of Butler and his agent in his vast schemes of corruption and extortion, to pay checks in the currency which Butler alone allowed the banks to pay. George C. {p.883} Laurason, formerly collector of the port of New Orleans, suffers a like penalty for applying for a passport to go to Europe, where his family now is. Thomas Murray, as president of that benevolent institution known as the Free Market, which supplied the families of the soldiers with the means of subsistence; Charles Heidsieck, a French citizen, the owner of the celebrated wine manufactory in France; Mr. Dacres and other British citizens; Mr. Mire, a wealthy and highly respectable Spanish citizen, the owner of extensive saw-mills in Florida and the contractor to supply the French navy with timber, are all imprisoned at Fort Pickens for endeavoring to pass the lines without taking the oath prescribed by Butler for foreigners, which oath requires them to reveal to the United States all information they may have respecting the acts and designs of the Confederate States on pain of being regarded and treated as enemies and spies. There are, too, many prisoners who are confined on the information of political and personal enemies as dangerous characters for offenses alleged to have been committed by them months and years before Butler’s arrival in the city.

Doctor McPhevroa, an elderly and most respectable citizen, was condemned to the casemates of Fort Jackson for speaking in a circle of his friends of Butler’s proclamation, No. 28, that relative to the ladies of New Orleans, as “infamous,” the very epithet which Lord Palmerston in the House of Commons declared as the only appropriate one. Dr. Warren Stone, the distinguished surgeon and philanthropist, was consigned to a like punishment for refusing to recognize an individual who had been announced as president of a Union association and yet who a few months before had made in public a most violent speech against the Yankees and had advised our people to cut the throats of all invaders. Several ladies of the highest social position have been imprisoned for the expression of sympathy with the Confederates and the wearing of ribbons of certain colors. Mrs. Dubois, an elderly lady long engaged in the business of teaching our children, was imprisoned on the charge of not being able to account for certain keys and books belonging to the schools which were never in her possession. All the members of the finance committee of the city council are imprisoned for authorizing the subscription of the city to the fund for its defense, and several hundred of our citizens who subscribed to this fund have been compelled to pay 25 per cent, of their subscription to Butler under threat of imprisonment at hard labor. To swell this exaction to the sum of $300,000 all the cotton factors of the city who had united in a circular address to the planters advising them not to send their cotton to New Orleans were assessed in sums of $500 and $250, which they had to pay or go to prison. The treatment of a venerable citizen named Roberts, a farmer living a short distance from Baton Rouge, is one of peculiar atrocity. A son of Mr. Roberts, a soldier of the Confederate Army, having come on sick leave to see his parents, a detachment of the Twenty-first Indiana Regiment was sent to arrest him. The young man hearing the approach of armed men went out to meet them, when several shots were fired by the Indianians, one of which killed young Roberts. The father, seeing the danger of his son, seized a gun and fired through the door, slightly wounding Colonel McMillan, the commander of the detachment. He was then arrested and charged with having killed his own son, and was taken with the rest of his family from his house, the body of his son being brought out and laid on the ground. The building, all the outhouses, barns and stables were burned to the ground and his mules, horses and cattle were driven off to the {p.884} Federal camp. Old Mr. Roberts was condemned to close imprisonment for twenty years and this imprisonment he is now undergoing at Fort Pickens. There are many other cases of equal atrocity and hardships of citizens of the highest respectability, who upon the most frivolous charges have been dragged from their homes by a brutal soldiery and immured in cells or the casemates of forts and condemned to hard labor. I have not the time nor the exact information to state these cases fully. The prisons of New Orleans are crowded with citizens whose highest offense consists in the expressions of opinions and hopes of the success of the Confederate cause. Not a few are confined for repeating reports of Confederate victories or for having in their possession newspapers containing such reports.

A Mr. Levy, a respectable merchant, was imprisoned for one month for stating to a Federal that he heard that Baton Rouge had been evacuated, when it really had been evacuated. Another citizen was arrested in the cars and imprisoned for saying that the distress for cotton in England would soon increase; and another for repeating what had been published in the Delta that “Richmond had fallen” such a remark being regarded as ironical after the Confederate victories in the first days of July. A great many have been imprisoned on the information of their slaves that they had concealed or destroyed arms, and the informers emancipated. Mr. Lathrop, a respectable lawyer, is now undergoing in the parish prison a sentence of two years imprisonment for “kidnapping” his own slave who had been appropriated by a Federal officer. This sentence, Butler declared, was intended as a warning to the people not to interfere with the servants of his officers, meaning the slaves of our citizens appropriated by them. A number of our citizens enrolled as partisan rangers or in the State militia have been closely imprisoned and threatened with death as guerrillas or pirates. W. E. Seymour, late a captain in one of the regiments in the defense of the State and honorably paroled, is a close prisoner at Fort Saint Philip and his property all confiscated on account of an obituary notice which appeared in his own paper, the Bulletin, of his father, the late gallant Col. I. G. Seymour, of the Sixth Louisiana, who fell in the battle at Gaines’ Mill. The writer of the article, Mr. Devis, an old and infirm citizen, was subjected to a like punishment and is now a prisoner at Fort Pickens. Besides these instances there are a great many citizens who have only escaped imprisonment by the payment of large fines, and in many cases by corrupting Federal officers of influence. To enumerate the cases of confiscation by order of Butler, and in many cases even by the order of his subordinates, would exceed the bounds I have affixed to this report. I have, however, kept a record of these cases and will communicate them at some other time. Suffice it to say that nearly all the large and commodious houses of our citizens, especially those of absentees and officers in our army and Government, have been thus appropriated. Officers of no higher grade than lieutenants occupy houses which have cost our citizens $30,000, and where furniture has been removed, and when deficient any articles which the appropriators may deem necessary to their comfort are purchased at the expense of the owners of the property. The wives and families of our citizens are frequently ejected from their houses to make way for coarse Federal officers and the negro women whom they appropriate as their wives and concubines. Ships have been loaded with costly articles of furniture stolen-they say confiscated-from our citizens and transmitted North to the families {p.885} of Federal officers. Many a house in New England is even now resounding with the tones of pianos thus stolen from the parlors of our citizens. A vast amount of silver has been appropriated in like manner. The example set by Butler in appropriating the house of General Twiggs’ minor heir and furnishing it in a most lavish and luxurious style at the expense of the estate, and in transmitting the plate and swords of the deceased veteran to Lowell; the seizure and removal to the North of the statue of Washington by Powers and of the State library from the capitol at Baton Rouge, have been extensively followed by Butler’s subordinates. Nor have I here space to expose the extortions of Butler through the agency of his brother, an abandoned gambler and speculator, who has compelled our citizens by all kinds of threats to sell their property to him at rates fixed by him, who has monopolized all the shipping employed by the United States to transport the produce thus forced from our people, who has acted as broker to obtain remissions of penalties and the restoration of fugitive slaves, in many cases on condition of the payment of half their value and on pledges of half of the growing crops.

In this manner have the plantations within fifty miles of New Orleans been taxed. Many of them unable to secure even these terms have been depopulated. You have doubtless been made acquainted with the proceedings of Butler to compel our citizens to take the oath of allegiance to the United States-the prohibition of all trade to those who have not taken the oath and the seizure of their funds in bank. The last device will be to compel all those who do not take that oath to register themselves as enemies of the United States, when they will be either imprisoned or driven from the city and their property confiscated. These orders, especially the oath requirement, are applicable as well to women as to men. Indeed the malice of Butler against females is more bitter and insatiable than that against males. A placard in his office in large letters bears this inscription: “The venom of the she adder is as dangerous as that of the he adder.” And this is but a feeble and deficient presentment of the enormities and brutalities of this cowardly and brutal monster. It is in vain that some of his subordinates remonstrate and protest against many of his acts. He will permit no one to thwart his two great objects-to bid highest for the favor of the Northern mob and to accumulate a vast fortune by extortion and plunder. The extent to which this latter purpose is carried will surpass all similar efforts of great robbers from Verres down.

I content myself with this mere epitome of Butler’s crimes. At some other more favorable occasion I will present them in greater detail and with the authentic proofs which I cannot now command. It would not be becoming in me to solicit or suggest that some steps be taken by the President and Government of the Confederate States to correct and to avenge these wrongs done our people. I have full confidence that all will be done in that behalf which can be done. I cannot but say, however, that a feeling prevails among our people that they have been forgotten or abandoned by the Government for which they suffer, or an apprehension that the true state of affairs is not known or appreciated by our Government. That this may not any longer be the case I have incurred the peril of writing this memoir in a close prison on a desolate island, with a Federal sentinel at the door and the broadside of a Federal frigate frowning upon all in the bay.

I beg to subscribe myself faithfully and truly your friend and compatriot,

ALEXANDER WALKER.

{p.886}

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GENERAL ORDERS, No. 48.}

HDQRS. ARMY AND DIST. OF THE MISS., Holly Springs, Miss., September 13, 1862.

Hereafter all prisoners of war taken by troops of this command will be at once sent to headquarters army of the district, to be paroled in accordance with the cartel between the United States and Confederate States Governments.

By order of Maj. Gen. E. Van Dorn:

M. M. KIMMEL, Major and Assistant Adjutant-General.

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HOUSE OF REPRESENTATIVES, September 14, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: Inclosed herewith please find an elaborate account extracted from the local papers in Missouri and the Northern press of the execution of Col. Frisby H. McCullough, of the Second Division, Missouri State Guard, and sixteen privates, near the town of Kirksville, in Adair County, Mo., by the U. S. authorities under the command of Col. John McNeil. The frequent recurrence of the flagrant outrages upon the people of Missouri and especially upon the officers of this Government assigned to duty in that State is becoming exceedingly disheartening to our people and calls aloud for retaliation. The papers herewith inclosed fully establish the high moral, social and official standing of Colonel McCullough, and I have to urge that you bring the subject to the attention of the Executive in order that by summary retaliation a stop may be put to these outrages upon humanity and civilization.

Respectfully, your obedient servant,

THOS. A. HARRIS. G. G. VEST. A. H. CONROW. T. W. FREEMAN.

[Inclosure.]

THE FIGHT AT KIRKSVILLE.

[From the Palmyra Courier, August 15.]

...

The total number of killed, wounded and prisoners which fell into Colonel McNeil’s hands after the battle, we are informed by gentlemen of the highest veracity who were upon the ground during all of Thursday and Friday following the battle, could not possibly have been less than 350. Of these about fifty were prisoners. ... The loss of the rebels in killed and since died of their wounds will not fall short of 200.

...

One of the most painful parts of the tragedy is yet to be related. Among the prisoners captured were found fifteen who had taken the oath of allegiance, sworn not to take up arms against the United States or the Provisional Government of this State. These men were tried at drum-head court-martial, and the evidences of their guilt being indisputable they were sentenced to be shot. Colonel McNeil approved the sentence, signed the death warrant and every one of them was shot on Thursday. This proceeding, though severe, was eminently just and right and the whole civilized world will sustain Colonel McNeil in it.

On Thursday afternoon, the day after the battle, eight or ten of the newly enrolled militia of Edina were out on a private scout of their {p.887} own looking for the stragglers from Porter’s main body. Eight miles from Edina they espied Col. Frisby H. McCullough, who had abandoned Porter and was now alone, making his way eastward. Espying them he entered the brush. They surrounded the place. One brave man, Mr. Holmes, of Edina, volunteered to penetrate the lair of the lion. He did so. McCullough raised his rifle and threatened to kill him if he did not instantly retire. Nothing daunted, Mr. Holmes also raised his gun and demanded an instant surrender. The brave colonel saw the odds against him and surrendered. They conveyed him to Edina; placed him in charge of Captain Sells. The next morning a train with an armed escort proceeded from Edina to Kirksville. McCullough was sent along. On arriving at Kirksville the news of the capture of this famous guerrilla excited the utmost enthusiasm among our troops. He was confined for a brief time among the other prisoners. Meantime a court-martial was held and he was sentenced to be shot that very afternoon. He received the information of his fate with considerable composure but protested against it. Leaning against the fence he wrote a few lines to his wife. These with his watch he delivered to the officer to be given to her. Upon the way to his execution he requested the privilege to give the command to lire, which was granted. All being ready, he said: “What I have done I have done as a principle of right. Aim at the heart. Fire!” The command taking the soldiers by surprise, one fired sooner than the rest. The ball entering his breast, he fell, while the other shots passed over him. Falling with one leg doubled under the body, he requested to have it straightened out. While this was being done he said: “I forgive you for this barbarous act.” The squad having reloaded their pieces, another volley was fired, this time into his body, and he died. His remains were committed to friends in the place.

...

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, Tenn., September 14, 1862.

Brig. Gen. C. L. STEVENSON, Commanding First Division, Army of East Tennessee.

GENERAL: Yours of to-day has been received.* The major-general commanding approves of the course you took in regard to the exchange of the prisoners, and further directs that you retaliate to the fullest extent should General Morgan inflict punishment on a single one of them. You will see from the accompanying muster-roll of Jessee’s company that the organization was lawful, though not full; they had authority to recruit. All the troops possible to be collected are being concentrated at Clinton and Big Creek Gap, and will continue to be. Colonel Smith’s legion is by this at Big Creek Gap; Capers’ (200 men) at Jacksborough; Reeves’ battalion (500 men) at Clinton; convalescents (2,000 men) at Clinton. McDowell, now at Greeneville, will be armed and sent forward at once, as arms arrived to-day. Lieut. [A. H.] Sevier, aide-de-camp of General Churchill, and perhaps other members of his Staff accompanied them; also some members of [T. M.] Nelson’s Georgia Rangers, a company now with General Smith. As soon as the scattered forces can be concentrated the major-general will join you.

Very respectfully, your obedient servant,

H. S. BRADFORD, Assistant Adjutant-General.

* Not found.

{p.888}

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WAR DEPARTMENT, Richmond, September 15, 1862.

His Excellency JEFFERSON DAVIS, President Confederate States of America.

SIR: I have the honor to return the report of Brig. Gen. John H. Winder and of the provost-marshal in the case of Charles K. Hyde in response to the resolution of the House of Representatives adopted on the - instant. The order under which the arrest was made had never before been submitted to the Department, and conceiving it to be unauthorized I have ordered it to be materially modified. It having been found that the establishment of agencies for the procuration of substitutes led to desertion and was pernicious to the discipline of the Army, the general commanding the Department of Henrico was authorized to forbid the practice, but it was not intended that this prohibition should be enforced by impressment and confiscation, and I am informed that in these particulars the order has never been executed.

The facts of the case appear to be briefly as follows:

Mr. Hyde was found in the act of procuring unnaturalized foreigners as substitutes in express violation of a general order of the War Department. He acknowledged the agency and was understood as admitting that he acted as a general agent and therefore was supposed to be violating the order of the general commanding the military department. He was committed to prison, remained a few hours, was bailed and the next day on the facts of the case being known he was released from his obligation of bail.

Martial law still existing in Richmond, although the writ of habeas corpus is no longer suspended, I must request instructions as to the extent of the powers of the military commander of the city and whether he may suppress tippling shops, agencies for procuring substitutes and other practices subversive of the discipline and efficiency of the Army.

Very respectfully, your obedient servant,

GEO. W. RANDOLPH, Secretary of War.

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JACKSON, September 15, 1862.

Honorable SECRETARY OF WAR:

Four thousand prisoners returned. All the officers will arrive to-day. Men suffering and should be rendezvoused farther north if we hope to save many for the field. You will settle the vexed question where these troops are to go ultimately and relieve me of the embarrassments of Bragg’s staff officer. I can organize men promptly and more efficiently Can you not give me full and sole control? I cannot communicate with Bragg and matters are all at cross purposes.

LLOYD TILGHMAN, Brigadier-General.

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RICHMOND, September 16, 1862.

Maj. Gen. EARL VAN DORM, Jackson, Miss.:

Exchanged prisoners must join their regiments; must be brigaded as far as practicable by States. Subject to these requirements and to General B. Bragg’s instructions you may distribute them as you think best. It is obviously proper for J. C. Breckinridge to have the Kentucky regiments. It is impossible for the Department to instruct you as to your line of operations, but co-operation between S. Price and yourself is {p.889} indispensable to success and was contemplated by General Bragg. Refer to the President’s dispatch of September 11 and you will find such instructions as we consider it practicable to give. You are the senior officer and subject to General Bragg’s instructions and can exercise your own discretion.

GEO. W. RANDOLPH, Secretary of War.

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RICHMOND, September 16, 1862.

Brig. Gen. LLOYD TILGHMAN, Jackson, Miss.:

If General B. Bragg has given no instructions about the prisoners, as I hoped he had, the duty of reorganizing them devolves upon General Earl Van Dorn as the senior officer present.

GEO. W. RANDOLPH, Secretary of War.

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JACKSON, September 16, 1862.

General STERLING PRICE, Iuka:

Not under twenty days. The exchange must be ratified first. I shall thoroughly equip except arming, and if I had your arms could drill the raw men. How many arms have you and where are they?

LLOYD TILGHMAN, Brigadier-General.

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MEMORANDUM.

The side-arms of general, field and commissioned officers taken at Fort Donelson were permitted to be retained by the officers respectively until their arrival at Camp Chase, near Columbus, Ohio, when Colonel Moody required that all arms should be delivered to him as commandant of the post. The arms were delivered to him with a promise from him that they should be delivered to their owners upon their release from the prison. I understand since the cartel for exchange has been agreed upon that all side-arms at Columbus or Camp Chase belonging to prisoners were to be packed and shipped to Vicksburg for delivery to the owners. This information I received from Sergeant-Major Dusenbury, of my regiment, and he says he received it from Colonel Hoffman and other officers in command at Camp Chase.

R. FARQUHARSON, Colonel Forty-first Tennessee.

My sword was a common, plain saber, steel scabbard, brass guard, &c., now silver plated all over.

R. F.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, September 17, 1862.

Hon. G. W. RANDOLPH, Richmond, Va.:

The wife and several members of Andrew Johnson’s family desire to go North via Richmond. I propose to let them go. What shall I do?

J. P. MCCOWN, Major-General.

{p.890}

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HEADQUARTERS MILITARY SUB-DISTRICT OF HOUSTON, Houston, September 17, 1862.

Capt. C. M. MASON, Acting Assistant Adjutant-General.

SIR: Please find herewith a report of the provost-marshal of Galveston concerning the supposed escape to the enemy of young Paschal, of Austin. The individual referred to is probably George W. Paschal, eldest son of Judge G. W. Paschal, of Austin, who had left Austin about six weeks ago. The provost-marshal complains of the interference of Colonel Cook with the boats employed for the police of the bay and seems to attribute to that interference the imperfect manner with which the bay is guarded. I have written to Colonel Cook to abstain hereafter from meddling with the police of the bay except when called upon for assistance by the provost-marshal.

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

[X. B. DEBRAY.]

[Inclosure.]

OFFICE PROVOST-MARSHAL, Galveston, September 17, 1862.

Col. X. B. DEBRAY, Commanding Military [Sub-]District of Houston.

SIR: Herewith find copy of communication from Capt. Thomas Chubb relative to young Paschal:

ON BOARD C. S. SCHOONER ROYAL YACHT, Galveston, September 16, 1862.

Maj. J. C. MASSIE, Provost-Marshal, Galveston, Ter.

SIR: In obedience to your orders issued to me to make a thorough search in the bay for young George Paschal I proceeded to do the same, and after cruising around and examining every point without hearing or seeing anything of him, I proceeded to the house of his stepfather, Pix, and made inquiries concerning him. Mr. Pix informed me that he left his house one day after dinner in company with a negro boy and boat belonging to his mother, Mrs. Pix. That he had not heard of or seen him since. That he believed they had either drifted out or were carried out by the negro to the blockading squadron. I am firmly of the opinion that young Paschal has made his escape to the enemy and that further search would be useless.

Respectfully submitted.

T. CHUBB, Commanding C. S. Schooner Royal Yacht.

With sentiments of regard, &c.,

J. C. MASSIE, Provost-Marshal.

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MUNFORDVILLE, September 18, 1862.

Major-General POLK.

GENERAL: The general commanding orders me to address you in regard to the eighteen prisoners sent by you on the 17th to him for final disposal. He desires to be informed of the cause of arrest of the following fifteen citizens, viz, Moses Paris, J. F. Allen, John Long, Pleasant Perkins, Miles McGrew, W. A. Bratcher, W. Kinney, Crow Southern, Michael Finnegan, John O’Brian, John Shay, Hugh Dolan, David Duhigg, Michael Garvy, Pat. Ryan. These citizens are now under guard at the front.

Very respectfully, your obedient servant,

S. E. CHAILLÉ, Medical Inspector, Staff of General Bragg.

{p.891}

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HEADQUARTERS RIGHT WING, ARMY OF THE MISSISSIPPI, Munfordville, Ky., September 18, 1862.

General BRAXTON BRAGG, Commanding Army of the Mississippi.

GENERAL: I am in receipt of a communication from S. E. Chaillé, medical inspector on your staff, inquiring the cause of arrest of fifteen citizens whose names he gives. In reply I beg leave to say the men were not arrested by my order. When the guard having them in charge reported to me supposing I was in command on this side of the river I ordered them to report to you with their capture for final disposal and addressed a note to you to that effect. I have the honor to state that I know nothing of the cause of arrest of the fifteen citizens.

I am, general, your obedient servant,

L. POLK, Major-General, Commanding Right Wing.

[Indorsement.]

Referred to General Jackson, who will investigate and release all not clearly guilty of offense or dangerous characters.

B. B.

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GENERAL ORDERS, No. 7.}

HDQRS. ARMY OF THE MISSISSIPPI, Munfordville, Ky., September 18, 1862.

...

II. The prisoners of war having been paroled will march immediately for the enemy’s lines in the direction of Bowling Green. A sufficient cavalry escort will be sent for their protection. They will take three days’ rations and be allowed the same transportation for the officers’ baggage as in this army. The sick and wounded will be cared for in our hospitals until able to travel.

...

By command of General Bragg:

JNO. M. OTEY, Assistant Adjutant-General.

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JACKSON, MISS., September 18, 1862.

Hon. G. W. RANDOLPH, Secretary of War:

General Van Dorn telegraphs this afternoon, “Enemy are in front and must be engaged at once,” and asks aid.

We have only the prisoners just returned from the North. Mr. Ould led us to infer that the exchange takes place from Richmond. Can we be authorized to arm and employ them at once?

L. TILGHMAN, Brigadier-General. JAS. E. SLAUGHTER, Brigadier-General and [Assistant] Inspector-General.

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HEADQUARTERS THIRD SUB-DISTRICT, Vicksburg, September 18, 1862.

Maj. N. G. WATTS.

MAJOR: Mr. T. C. Williams, a planter residing near the mouth of the Yazoo, has complained that two of his negroes, Harrison and Jake, have {p.892} been taken on board of some one of the boats now under flag of truce. Receiving and harboring negroes being an unlawful act and punishable by fine and imprisonment, can only be done with impunity by force, and as an act of force becomes clearly a violation of the flag of truce which should to the smallest particular be held sacred. You are consequently desired to bring the above to the notice of the proper officer, who it is not doubted will promptly turn over to your charge the negroes mentioned.

Very respectfully, your obedient servant,

M. L. SMITH, Brigadier-General, Commanding.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, September 18, 1862.

Brig. Gen. C. L. STEVENSON, Commanding First Division, Army of East Tennessee.

GENERAL: ... The major-general commanding declines to exchange for political prisoners and permit them to return home. He will authorize an exchange and send the prisoners beyond our lines. You can use Coleman’s regiment to replace such detached companies as you may have at Morristown and other points. You will order the forces left at the Gap (Hilliard’s and Palmer’s commands) to proceed to clear the road, removing all obstructions.

...

Respectfully, your obedient servant,

H. S. BRADFORD, Assistant Adjutant-General.

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EXECUTIVE DEPARTMENT, Richmond, Va., September 19, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: I am directed by the President to forward to you the subjoined copy of a resolution of the House of Representatives of the 17th instant.

Resolved, That the President be requested to inform this House what disposition is made of negroes captured by the Army and whether any general orders have been issued to facilitate their restoration to their owners.

Very respectfully, your obedient servant,

BURTON N. HARRISON, Private Secretary.

[Indorsement.]

The Department has not been informed of the capture of any slaves by our armies.

G. W. R.

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RICHMOND, September 19, 1862.

Brig. Gen. LLOYD TILGHMAN, Jackson, Miss.:

The exchange is not yet perfected. We shall give notice immediately that if the agent of the enemy does not meet our agent by a given day to be agreed upon the exchange will be announced by us and the exchanged prisoners will be ordered to duty.

GEO. W. RANDOLPH, Secretary of War.

{p.893}

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WAR DEPARTMENT, Richmond, September 19, 1862.

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

GENERAL: You will dispose of the below-named prisoners as follows: 1, David W. Sherman, to be discharged on taking the oath of allegiance; 2, Reuben Sherman, to be discharged on taking the oath of allegiance; 3, H. T. Sherman, to be discharged; 4, A. Asbrick, to be held as a citizen prisoner; 5, A. Ambrech, to be held as a citizen prisoner; 6, John Bryant, to be held as a citizen prisoner; 7, John Beltzhoover, to be held as a citizen prisoner; 8, Isaac Brown, to be held as a citizen prisoner; 9, A. Taylor, to be discharged and furnished transportation home if he takes the oath of allegiance; 10, I. Ingram, to be put in a hospital; 11, William Holcombe, to be held as a citizen prisoner; 12, T. Holcombe, to be held as a citizen prisoner; 13, L. B. Payne, to be held as a citizen prisoner, but to be permitted to work at his trade under parole; 14, F. Stemlaugh, to be held as a citizen prisoner; 15, D. May, to be held as a citizen prisoner; 16, William Hines, to be discharged.

Very respectfully, your obedient servant,

GEO. W. RANDOLPH, Secretary of War.

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WAR DEPARTMENT, Richmond, September 19, 1862.

ROBERT OULD, Esq.

DEAR SIR: The return prisoners at Vicksburg are urgently needed for immediate service. Are they all exchanged, and if not when will the exchange be completed?

Very respectfully, your obedient servant,

GEO. W. RANDOLPH, Secretary of War.

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WELDON, N. C., September 21, 1862.

General WINDER, Commanding District, Richmond, Va.

GENERAL: I send under guard in charge of Sergeant Epting a prisoner named James Smith, who states that he is a stove molder by profession; supposed to be a deserter from the army-a spy or a bridge-burner, judging from appearances, conduct and contradictory statements. He appears to be well informed of the position of our armies, well acquainted with the locality of Richmond, and the fact of his having been loitering in this neighborhood for some time past creates the impression that he is a bridge-burner. He is of an age subject to conscription. Taking into consideration his conflicting statements, conduct, &c., I believe him not to be right. I therefore send him to you for further examination.

I am, respectfully, general, your most obedient servant,

JOEL R. GRIFFIN, Lieutenant-Colonel, Commanding Post at Weldon, N. C.

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WAR DEPARTMENT, Richmond, September 22, 1862.

His Excellency JEFFERSON DAVIS, President Confederate States of America.

SIR: In response to the resolution of the House of Representatives inquiring what disposition is made of negroes captured by the Army,

{p.894}

I have the honor to say that the Department has not been informed of the capture of any slaves by our armies.

Very respectfully, your obedient servant,

GEO. W. RANDOLPH, Secretary of War.

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RICHMOND, September 22, 1862.

Brig. Gen. L. TILGHMAN:

Ten thousand three hundred and sixty-eight non-commissioned officers and privates are exchanged. In arriving at this number one noncommissioned officer must be counted as two privates. In addition to this all commissioned officers are exchanged who have been delivered up to this date. The exchange will be completed as to the remainder on Saturday next.

GEO. W. RANDOLPH, Secretary of War.

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HEADQUARTERS ARMY OF KENTUCKY, Lexington, Ky., September 22, 1862.

Brig. Gen. D. LEADBETTER.

GENERAL: Information has been received at these headquarters that there are quite a number of home-guards in the neighborhood of Georgetown. The major-general commanding directs that you take immediate steps to have their arms brought in and the men paroled.

Very respectfully, your obedient servant,

H. P. PRATT, Lieutenant and Acting Assistant Adjutant-General.

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DISTRICT OF THE MISSISSIPPI, PROVOST-MARSHAL-GENERAL’S OFFICE, Jackson, Miss., September 22, 1862.

Brig. Gen. DANIEL RUGGLES, Commanding District.

GENERAL: In obedience to your instructions I have given such attention as my limited time and inability to procure authorities on the subject would permit to the question-

Whether a citizen of the Confederate States not belonging to the Army or Navy or to the militia in actual service can be tried by a military court upon the charge of being a spy for the enemy?

The Constitution of the Confederate States, Article 1, section 9, paragraph 16, provides that-

No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the laud or naval forces, or in the militia when in actual service in time of war or public danger; nor shall any person ... be deprived of life, liberty or property without due process of law.

It will be seen that this paragraph provides for a state of war as well as peace and restricts the jurisdiction of all tribunals not proceeding by the ordinary form of indictment or presentment to the three enumerated classes.

But it has been said that those articles of war which prescribe the penalty for holding intercourse with the enemy, relieving his wants or giving him information are so comprehensive in their terms as to {p.895} embrace all persons to whatever class they may belong, and that these articles form part of an act of Congress the constitutionality of which is not a proper question for the decision of those whose duty it is to obey the law. A more careful examination of these articles will relieve us of the necessity of inquiring how far obedience is due to an unconstitutional law, for I think it will appear that they are not in the least repugnant to the Constitution. The language of the Fifty-seventh Article of War, which is relied on as giving authority to military courts to try and punish this class of offenders, is:

Whosoever shall be convicted of holding correspondence with or giving intelligence to the enemy, either directly or indirectly, shall suffer death or such other punishment as shall be ordered by the sentence of a court-martial.

However comprehensive the term “whosoever” may at first glance appear, it should be recollected that penal statutes and those which are in derogation of common right must be strictly construed and cannot be enlarged by implication. It is also a well-settled rule of interpretation that all laws must be construed with reference to their subject-matter and the object the Legislature had in view in their enactment.

The title of the act of which the Articles of War form a part is “An act for establishing rules and articles for the government of the armies of the Confederate States,” and the first paragraph of the first section is in the following words:

That from and after the passage of this act the following shall be the rules and articles by which the armies of the Confederate States shall be governed:

Here the Legislature has given an explicit declaration of the object for which the law was enacted and clearly marked the class of persons upon whom it was intended to have effect. Every word in the act, therefore, must be construed with reference to this declaration and be limited by it, however general or comprehensive it may at first appear to be. The word “whosoever,” then, in Article 57, must be construed to mean whosoever belonging to the armies of the Confederate States. Indeed, the connection in which this article stands would justify such a construction, apart from the considerations already mentioned, for in Article 55 this limitation is made in express terms. It reads as follows:

Whosoever belonging to the armies of the Confederate States in foreign parts shall force a safeguard shall suffer death.

Article 56 provides that “whosoever shall relieve the enemy with money, victuals,” &c., and then follows Article 57, already quoted. The connection in which these three articles stand warrants the conclusion that they are intended to apply to the same class of persons and that the words “belonging to the armies of the Confederate States” were omitted in the last two merely to avoid tautology.

Again, in different articles the persons who are subjected to military law are enumerated in detail; for example, we find provision made for the trial and punishment of “all officers,” “all non-commissioned officers and soldiers.” In Article 60 it is provided that-

All sutlers and retainers to the camp and all persons whatsoever serving with the armies of the Confederate States in the field, though not enlisted soldiers, are to be subject to orders according to the rules and discipline of war.

Article 96 provides that-

All officers, conductors, gunners, matrosses, drivers or other persons whatsoever receiving pay or hire in the service of the artillery or Corps of Engineers of the Confederate States shall be governed by the aforesaid rules and articles, &c.

And Article 97 makes the same provision in relation to the militia when in actual service of the Confederate States.

{p.896}

Thus it will be seen that Congress has first by express declaration restricted the operation of these articles to the armies of the Confederate States, and that to prevent all possibility of mistake it has clearly enumerated the persons who are to be regarded as composing these armies. It may be conceded that Congress has the constitutional power to confer upon courts-martial the right to try and punish any offense “not capital or otherwise infamous,” though committed by a civilian, but I think a careful examination of all the Articles of War with reference to their object and in their proper connection cannot fail to lead to the conviction that they have not chosen to do so, except in a single instance, and in this instance it was so obviously necessary for the proper trial and punishment of military persons that it may properly be classed as one of the rules for the government of the Army. I allude to that article which gives to courts-martial the power of maintaining order and punishing those who interrupt their proceedings. And it is worthy of remark how much more emphatic and comprehensive the language here used is than that of Article 57. There the word used is “whosoever,” but the article to which I refer (Article 76) reads as follows:

No person whatsoever shall use any insulting words, signs or gestures in presence of a court-martial, &c.

But that the Articles of War, and particularly the one providing for the punishment of spies, were not intended to apply to civilians is placed beyond all doubt by a reference to the second section of the act of which these articles form a part. This section reads as follows:

That in time of war all persons not citizens of or owing allegiance to the Confederate States of America who shall be found lurking as spies in and about the fortifications or encampments of the armies of the Confederate States, or any of them, shall suffer death according to the law and usage of nations by sentence of a general court-martial.

Here we have an explicit declaration that the power of a court-martial to try and punish the very offense in question is restricted to those “not citizens.” I conclude therefore that as a spy is guilty of a “capital or otherwise infamous crime,” a civilian charged with this offense can only be tried “upon a presentment or indictment of a grand jury,” and that military courts have no jurisdiction to try civilians for any offenses except those enumerated in Article 76.

And I respectfully recommend that all persons not belonging to the Army or Navy or to the militia in actual service now held in military custody be immediately delivered to the civil authorities, and that all military officers and provost-marshals be instructed to make no more arrests of citizens unless upon a warrant issued by a magistrate, except in urgent cases where there is danger of escape, and in such cases that they be instructed immediately to take the party before a justice of the peace or other civil magistrate to be dealt with according to law.

It may not be improper for me to state that I entered upon the examination of this subject with a very different opinion from the one here expressed. The recent decision of one of the judges of the supreme court of this State in the case of Burlingame I confess startled me, and as the learned judge did not favor the public with the law on which he based his conclusions or the process of reasoning by which he arrived at them I at first regarded the position taken by him in reference to spies as altogether novel and wholly untenable. Never having investigated the subject and knowing the inconvenience and even danger to the country which might result from the want of prompt means for the punishment of this most dangerous class of enemies, I was not prepared {p.897} to believe that a government born in the midst of revolution and war had left the punishment of this class of traitors exclusively to the slow and uncertain process of the civil tribunals; but such seems clearly to have been the case, and however great the evil it is not one which the military authorities can remedy.

Very respectfully,

JAMES O. FUQUA, Judge-Advocate and Provost-Marshal-General.

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HEADQUARTERS ARMY OF NORTHERN VIRGINIA, September 23, 1862.

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

GENERAL: Herewith please find list* of paroled prisoners taken by the Yankees, being stragglers and some few captured in battle. The services of every man being greatly needed, General Lee is most anxious that all prisoners should be relieved by exchange as soon as possible in order that our ranks may be increased. These prisoners have been sent back to Winchester with orders there to wait exchange.

I am, sir, respectfully, your obedient servant,

[R. H. CHILTON,] Assistant Adjutant-General.

* Not found.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, September 23, 1862.

Col. JOHN B. PALMER:

Your dispatch of this morning has been laid before the major-general commanding, who directs me to say that you will forward the prisoners at once in accordance to General Stevenson’s instructions. You will make no distinction between those from East Tennessee and the Northern States when the former are prisoners of war taken in arms against us. Union men who are willing to renounce their opinions and join the Army will of course be permitted to do so, but they are not simply paroled and allowed to remain in East Tennessee real enemies, but only restrained by their parole from acts of open hostility. Those not for us are against us and must be so treated. The Indians may be used to advantage in the manner proposed should similar outrages occur. At this time there is an extraordinary demand for wagons. Teams can probably be furnished you if you can procure the wagons from the surrounding country. An arrangement will be made in regard to the artillery as soon as practicable.

Very respectfully, your obedient servant,

CHAS. S. STRINGFELLOW, Assistant Adjutant-General.

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JACKSON, MISS., September 23, 1862.

Mr. DAVIS:

I reached here the day before yesterday and will leave to-morrow for my command. I was taken prisoner at Lebanon on the 5th of May and {p.898} have had a terrible time of it. Now that I am back I intend if possible to have my revenge for being incarcerated in the penitentiary, robbed and abused generally. I saw mother, who sends you a great deal of love. Yesterday I paid a long visit to Mr. Davis. Himself and family were well. I wish you to know in connection with my capture that it was unavoidable. With twenty-seven men I fought two hours and a half, losing five of my men and killing more than our number of the enemy, and only surrendered when the building in which we were was fired. I hope to make a better record next time.

With much love to Mrs. Davis and the children, Sincerely,

ROBT. C. WOOD, JR.

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BALDWIN, MISS., September 24, 1862.

Hon. G. W. RANDOLPH, Secretary of War, Richmond.

SIR: I have just received a letter from a Missouri congressman in which he says that General Price is severely censured at Richmond for not transmitting to the Department the rolls of the prisoners that were paroled at Lexington, and that-

The matter as it now stands is disgraceful to the character of the officers who had the management of the surrender on our part.

As I was at that time the acting adjutant-general of the Missouri State Guard and as it was my duty as such to attend to the details of the surrender I may be permitted to make the following statement and explanation:

Rolls of all the prisoners that were captured and paroled at Lexington by General Price were carefully made out and preserved. These rolls were not transmitted to the War Department because it had nothing whatever to do with the prisoners. These were captured by the Missouri State Guard and were properly held as prisoners to the State of Missouri and not to the Confederate States, between which and the State of Missouri there was not at that time any connection either civil or military.

To have sent the rolls to Richmond under the circumstances would have been manifestly improper. I therefore filed them in the office of the adjutant-general of the Missouri State Guard to remain there till such time as they might be transmitted to their proper custodian, the adjutant-general of the State of Missouri, to whom they were subsequently delivered by me and in whose custody I presume they still are.

I am, sir, with the greatest respect, your obedient servant,

THOMAS L. SNEAD.

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RICHMOND, VA., September 25, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: Having just returned from Camp Chase, Ohio, where I had been detained as a prisoner of war, via Vicksburg, Miss., allow me to call your attention to a few facts regarding the Virginia prisoners who were released at the same time with myself, viz, on the 10th instant. They to the number of about 300 are held at Jackson, Miss., by General Lloyd Tilghman, to whom they are ordered to report and who expressed his determination to form them into a separate battalion, as he said, temporarily, yet for service at that point or with the Army of the Southwest. You can easily imagine the dissatisfaction this would {p.899} cause among troops taken from at least half a dozen different regiments and representing I believe every different arm of the service and who have but one or two commissioned officers in their whole number. The reason assigned by General Tilghman for this detention was the want of transportation. But he added at the same time that-“We (the department I presume) want them here.” These troops, principally from the mountains of Virginia, are exposed of course to all the diseases incident to that climate at this season of the year. Great numbers of them were already sick when I left and if anything could be done to alleviate their condition it certainly could do the service no harm and confer a great favor on the men thus concerned.

Allow me to be, dear sir, very respectfully, your obedient servant,

D. BOSTON STEWART.

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RICHMOND, VA, September 25, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: Allow me to call your attention to a fact that has come under my immediate notice in regard to certain orders given by Lieutenant-Colonel Hall, who was in command of the post at Beverly, Randolph County, Va., at the time of my capture by an expedition sent out from that point to Hightown, Highland County, August 8. After my capture, as they were proceeding on the Staunton and Parkersburg road about two and a half or three miles west of Havener’s Store, the advance was fired on by some persons in ambush and two others (prisoners) escaped. I was not with the other prisoners at the time, being in custody of their cavalry. The infantry halted at the point at which they were attacked till the cavalry came up and then Captain Jarboe gave his troops what he said was a standing order, viz, that if they were fired on by any persons whatever to turn and shoot all the prisoners in their custody. I extended my protest verbally, of course, against this, and though three of the officers, viz, Lieutenants Myers and Hart, of Captain Keys’ Ringgold Cavalry, and Lieutenant Barclay, of the bogus Tenth Virginia Regiment, declared that they would not obey the order, it was not withdrawn but reiterated. The same order was tried to be carried out on the person of Granville Carlin, of Barbour County, who was raising a company of rangers for a battalion I was authorized to raise under order of 22d of May a few days previous to the time I was taken. He after being taken prisoner was fired on and wounded in the arm when they were attacked in an open woods in Pendleton County, Va., but escaped, though not trying to do so at the time. I state this as I got it from him the next day. The officers named above belong to the Tenth Regiment (bogus Virginia), Federal Army.

Yours, respectfully,

D. BOSTON STEWART.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, OFFICE PROVOST-MARSHAL, Knoxville, September 25, 1862.

By authority of the major-general commanding the Department of East Tennessee the following persons have been appointed deputy provost-marshals for the districts following, to wit:

First District, Johnson, Carter and Sullivan, Capt. A. L. Gammon, Blountsville; Second District, Washington and Greene, Capt. Giles Cecil, Jonesborough; Third District, Jefferson, Grainger, Sevier and Cocke, {p.900} Capt. William McCampbell, Morristown; Fourth District, Hawk ins, Hancock and Claiborne, Capt. Walter R. Evans, Tazewell; Fifth District, Campbell, Scott and Fentress, Capt. J. D. Thomas, Jacksborough; Sixth District, Knox, Union, Anderson and Morgan, Capt. W. W. Stringfield, Knoxville; Seventh District, Blount, Monroe and Roane, Capt. W. J. Hicks, Loudon; Eighth District, McMinn, Polk and Bradley, Capt. J. M. Carmack, Athens; Ninth District, Meigs, Rhea and Bledsoe, Capt. W. E. Colville, Washington; Tenth District, Hamilton, Marion and Sequatchie, Capt. C. W. Peden, Chattanooga.

JOHN E. TOOLE, Colonel and Provost-Marshal.

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WAR DEPARTMENT, Richmond, September 26, 1862.

Maj. Gen. G. W. SMITH, Richmond, Va.

GENERAL: Your attention is respectfully called to the inclosed copies of a letter from the Hon. A. R. Wright and a resolution of the medical committee relative to the condition of the hospital of the Federal sick and wounded, and you are requested to cause your medical director to inspect the prisoners’ hospital and to report on it at this Department and to correct abuses that may exist.

Very respectfully, your obedient servant,

G. W. RANDOLPH, Secretary of War.

[Inclosure No. 1.]

HOUSE OF REPRESENTATIVES, Richmond, Va., September 22, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

Mr. SECRETARY: You will find inclosed a resolution passed this morning at a session of the committee on the medical department. In the discharge of our duties we visited the hospital of the sick and wounded of our enemies now in our custody. All of the wards are in a wretched condition. The upper ward was such as to drive the committee out of it almost instantly. The honor of our country will not permit us to bring the matter to the attention of Congress, thereby making the matter public.

We attach no blame to the Secretary of War. We know that in his almost overwhelming labors this matter has escaped his attention. We address you in the full confidence that you will have this condition of things altered at once. We think that the hospital for prisoners ought to be on average at least with those for our own soldiers.

Regretting to add another to your very many labors, I am, sir, with high consideration, very truly,

AUGUSTUS R. WRIGHT, Chairman of Committee.

[First indorsement.]

Acknowledge receipt of the letter and inform Mr. Wright that the letter and resolution have been sent to General G. W. Smith with the request that he would cause his medical director to inspect the prisoners’ hospital and to report upon it and correct abuses. Write accordingly to General Smith and inclose copies of letter and resolution.

G. W. R.

[Second indorsement.]

To General Smith, and inclose copies of letter and resolution.

G. W. R.

{p.901}

[Inclosure No. 2.]

Resolved, That the chairman of the medical committee be instructed to address a letter to the Secretary of War in relation to the condition of the Federal prisoners of war now confined in the hospitals in Richmond and urge him to have the same placed in a more comfortable position as soon as possible.

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WAR DEPARTMENT, Richmond, September 26, 1862.

ROBERT OULD, Esq., Commissioner for Exchange.

SIR: The inclosed copy* of a letter from Lieut. Hunter Davidson is respectfully called to your attention and you are instructed to change the place of delivery of prisoners to City Point, of which due notice must be given to General French at Petersburg.

Your obedient servant,

GEO. W. RANDOLPH, Secretary of War

* Not found.

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SPECIAL ORDERS, No. 225.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, September 26, 1862.

...

VI. Capt. Henry Wirz, assistant adjutant-general, Provisional Army, will proceed to Montgomery, Ala., and such other points as may be necessary, to hunt up the missing records of the Federal prisoners of war. He will report to Col. R. Ould for specific instructions.

...

By command of the Secretary of War:

JOHN WITHERS, Assistant Adjutant-General.

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HEADQUARTERS, Richmond, September 28, 1862.

Hon. GEORGE W. RANDOLPH, Secretary of War.

GENERAL: Your letter of the 26th instant inclosing resolution of committee calling attention to the condition of the hospital of the Federal sick and wounded was received and referred to the medical director. He reports that the hospital, by his direction, has been inspected since receipt of your letter, and adds that all of the many existing abuses will be promptly corrected. The hospital to which allusion is made was not included in the certified list of hospitals obtained by the medical director from the former inspector of hospitals. I have directed further examination to be made into the causes of the condition in which this hospital was found, and, if the circumstances do not go far toward exonerating the surgeon in charge from blame, ordered his arrest and charges made out against him for neglect of duty.

Respectfully, your obedient servant,

G. W. SMITH, Major-General, Commanding.

[First indorsement.]

SEPTEMBER 30, 1862.

Inclose copy of this letter to Hon. Mr. -, from whom a letter concerning the hospital of the Federal prisoners was recently received. The reply in my letter book a few days ago will furnish his name.

G. W. RANDOLPH, Secretary of War

[Second indorsement.]

SEPTEMBER 30, 1862.

Copy sent to Hon. A. R. Wright.

{p.902}

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SPECIAL ORDERS, No. 15.}

HDQRS. ARMY OF THE MISSISSIPPI, Bardstown, Ky., September 28, 1862.

I. The names, rank and regiment of all paroled prisoners coming in will be immediately reported to general headquarters with the circumstances of their capture.

...

By command of General Bragg:

JNO. M. OTEY, Assistant Adjutant-General.

–––

MADISON, GA., September 28, 1862.

Capt. GEORGE A. MERCER, Asst. Adjt. Gen., Military District of Georgia, Savannah.

CAPTAIN: The Federal prisoners desire me to lay before you an application for two of their number to be paroled for twenty days for the purpose of going North and procuring supplies of clothing for them for the incoming winter. If permission be granted they suggest the names of Capt. C. C. Andrews and Capt. P. Gregg as suitable persons. Captain Andrews is of the Third Minnesota and Captain Gregg of the Fifty-eighth Illinois. Captain Gregg was once before paroled for the purpose of negotiating for an exchange of prisoners.

Very respectfully, your obedient servant,

W. L. CALHOUN, Captain, Commanding.

[Indorsement.]

HEADQUARTERS DISTRICT OF GEORGIA, Savannah, September 30, 1862.

Respectfully referred to General G. T. Beauregard.

H. W. MERCER, Brigadier-General, Commanding.

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RICHMOND, VA., September 29, 1862.

Honorable SECRETARY OF STATE.

SIR: I am directed by the President to forward to you the subjoined copy of resolutions of the House of Representatives of the 27th instant:

Resolved, That the President be requested to enter into negotiations if practicable with the authorities of the United States for the purpose of securing the release of all citizens of the Confederate States held in confinement by the enemy or paroled by them or forced by them to enter into bonds with the Government of the United States: Provided, That such persons so held by the enemy were taken prisoners while in armed and active hostility to the United States, although not regularly enrolled or enlisted in the Confederate Army.

Resolved, further, That the President be requested to demand in writing from the authorities of the United States the immediate and unconditional release of all citizens of the Confederate States held by them as prisoners, either in confinement or under parole or bond, who were arrested by the agents or officers of the United States while peaceably engaged in their ordinary avocations and not in arms against the United States, and that he communicate to Congress the result of said demand.

Your obedient servant,

BURTON N. HARRISON, Private Secretary.

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RICHMOND, September 29, 1862.

General H. W. MERCER, Savannah, Ga.:

Reorganize the returned prisoners as rapidly as possible.

G. W. RANDOLPH, Secretary of War.

{p.903}

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, September 29, 1862.

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

GENERAL: Before General Bragg left Chattanooga he informed me that about 6,000 or 7,000 exchanged prisoners, then daily expected to arrive at Vicksburg, would be sent to Chattanooga, and he gave instructions as to their organization and disposition. By a telegram received this morning from Brigadier-General Slaughter, at Jackson, Miss., I am informed that General Van Dorn assumes the responsibility of retaining a number of the prisoners pertaining to the quota destined for Chattanooga equal to the number of the prisoners taken there by General Breckinridge, Major-General Breckinridge informs me by telegram from Mobile of the 27th that only 2,000 of the exchanged prisoners were with him en route to Chattanooga, and that he had with him but 3,000 of his own division. Instead, therefore, of sending 6,000 or 7,000, only 2,000 of the exchanged prisoners are ordered to Chattanooga, and General Breckinridge brings only part of his division. General Bragg relied upon Major-General Breckinridge’s command as an escort for all spare arms that I could collect to send to Kentucky. When he ascertained that General Breckinridge had gone to Holly Springs instead of Chattanooga he directed me to organize an escort from the few troops that were left with me for the purpose of taking the arms into Kentucky, and to assign Brigadier-General Maxey the command of the party.

Desiring myself to supply as far as I could the deficiency in General Bragg’s army by the non-arrival of General Breckinridge’s command, and relying on the arrival of the exchanged prisoners, then daily expected at Chattanooga, I made Maxey’s command larger than I would otherwise have done. I presume it is known at the War Department that Generals Bragg and E. K. Smith have left very few troops in East Tennessee. Most of them are but recently raised, and, so far as I can ascertain, without authority of law, and I think it very desirable that the full quota of the exchanged prisoners designed for this department should be sent to it without delay. I will communicate the information I have from Generals Breckinridge and Slaughter to General Bragg, but the latter is so far in advance that it will be a long time before any orders he may give in the matter can reach their destination. I have therefore thought it proper to communicate the facts of the case, so far as I know them, to you for such action as maybe thought necessary.

Very respectfully, your obedient servant,

SAML. JONES, Major-General, Commanding.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, September 29, 1862.

General BRAXTON BRAGG, Commanding in the Field.

GENERAL: I inclose with this a telegram from Slaughter. It was forwarded to me from Chattanooga:

Major-General Breckinridge, a part of whose command is looked for here to-day, telegraphs me from Mobile that he has with him but 2,000 of the exchanged prisoners and but 3,000 men of his own division.

I understood from you that some 6,000 or 7,000 of the exchanged prisoners would be sent to Chattanooga, there to be organized and disposed of, and Slaughter telegraphed me on the 19th from Jackson to prepare {p.904} to receive 4,000 of them. It seems now that we are to get but 2,000. As you are so far in advance that any orders you may give in the matter would be a long time in reaching their destination, I have reported the facts of the case to the Adjutant-General for such action as may be thought proper.

...

Very respectfully, your obedient servant,

SAML. JONES.

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WAR DEPARTMENT, Richmond, Va., September 30, 1862.

Maj. Gen. W. W. LORING, Commanding Army of Western Virginia.

GENERAL: ...

You will discriminate between friends and enemies in your treatment of the country people, making your impressments from the latter and paying them in Confederate money, but your troops should be restrained from pillage. Capture such of the leading Union men as come within your reach and send them to Richmond or some safe place of confinement. Prisoners taken in battle or with arms in their hands, if attached to military organizations, will be treated as prisoners of war. Assure the people that the Government has no animosities to gratify, but that persistent traitors will be punished and under no conceivable circumstances will a division of the State be acquiesced in.

...

G. W. RANDOLPH, Secretary of War.

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WAR DEPARTMENT, Richmond, October 1, 1862.

Brig. Gen. J. H. WINDER, Commanding, &c., Richmond, Va.

GENERAL: You will dispose of the below-named prisoners as follows: Robert Blassingham, to be discharged; John A. Dennis, to be held as a prisoner until our laws are enforced over the region of Kentucky in which he lived; Lycurgus Savage, to be held as an alien enemy unlawfully on the soil of Virginia and suspected of being a spy; Michael Manheim, to be permitted to take the oath of allegiance and volunteer in the army and to be sent to South Carolina if convenient; Lewis Manheim, to be permitted to take the oath of allegiance and volunteer in the army; Joe B. Kepler, to be permitted to take the oath of allegiance and volunteer in the army; John S. Champ, to be held as a prisoner; John Owens, to be held as a prisoner until our authority is established over Kentucky and then to be sent there for examination; Thomas Waller, to be held as a prisoner until our authority is established over Kentucky and then to be sent there for trial; Tallmage Thorne, to be held as a prisoner, suspected of being a spy; George M. Payne, to be held as a prisoner until our authority is established over Kentucky; N. Reynolds, to be held as a prisoner until our authority is established over Kentucky; Andrew Wilson, to be paroled by the provost-marshal to seek work, reporting himself regularly; J. M. Alfred, to be permitted to take the oath of allegiance and volunteer in our army; G. R. Salisbury, to be paroled on taking the oath of allegiance and to be permitted to seek employment, reporting himself regularly to the provost-marshal; Richard Jones, to be discharged on parole; {p.905} M. Isaacs, to be held for exchange; M. Joseph, to be held for exchange; Daniel Conley, to be held as a prisoner; O. R. Sorrell, to be held with other Kentuckians; Max Lever, to be permitted to go to France if the French consul will send him; S. Goodyear, to be discharged; J. F. Crawley, to be discharged on taking the oath of allegiance.

Very respectfully,

GEO. W. RANDOLPH, Secretary of War.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, October 1, 1862.

Col. ALEX. MCKINSTRY, Commanding at Chattanooga, Tenn.:

Send paroled prisoners not exchanged to Jackson, Miss., and turn them over to the commanding officer. Put them in charge of commissioned officers.

SAML. JONES, Major-General, Commanding.

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WAR DEPARTMENT, Richmond, October 2, 1862.

His Excellency JOHN LETCHER, Governor of Virginia.

SIR: In reply to your letter of the 12th ultimo I have the honor to say that Doctor Rucker will be delivered for trial on the warrants for murder and horse stealing, and General Winder has been instructed to give him up to any officer you may appoint to receive him. The delivery for trial on the charges above mentioned renders it unnecessary to discuss the policy of our initiating trials for treason or to determine whether the Government would have delivered him up for trial on the charge of treason alone.

Very respectfully, your obedient servant,

GEO. W. RANDOLPH, Secretary of War.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, October 2, 1862.

Col. ALEX. MCKINSTRY, Commanding at Chattanooga.

COLONEL: Suspend the order in regard to sending exchanged or paroled prisoners to Vicksburg. Write fully, stating the circumstances, when taken and where.

CHAS. S. STRINGFELLOW, Assistant Adjutant-General.

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RICHMOND, October 3, 1862.

General EARL VAN DORN, Davis’ Mills, via Holly Springs, Miss.:

No answer to my telegram of the 29th ultimo. Have you received it? In executing the order to reorganize the prisoners carry out General B. Bragg’s instructions as far as practicable.

G. W. RANDOLPH, Secretary of War

{p.906}

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RICHMOND, October 3, 1862.

Maj. Gen. SAM. JONES, Knoxville, Tenn.:

I have instructed General Earl Van Dorn to carry out General B. Bragg’s instructions in reorganizing the prisoners as far as practicable.

G. W. RANDOLPH, Secretary of War.

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RICHMOND, October 3, 1862.

BOND COLLINS, Warrenton:

You cannot be enrolled while on parole. When exchanged you will have an opportunity to volunteer.

G. W. RANDOLPH, Secretary of War.

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Resolution passed by the Confederate Senate October 3, 1862.

Whereas, it is notorious that many and most flagrant acts violative of the usages of war, of the rights of humanity and even of common decency have been and still are being perpetrated by the forces of the United States upon the persons and property of citizens of the Confederate States; and

Whereas, such outrages cannot be fully known and believed whilst resting only in the oral statements of citizens in different and remote States and in the hasty paragraphs of newspapers published in different and remote localities; now, therefore, that the evidences of the said outrages may be collected and preserved in a permanent and credible form and the truth of history thus vindicated, and the perpetrators delivered to the just indignation of the present and future generations,

Resolved, That a committee of thirteen Senators or of one from each State be appointed whose duty it shall be to take or cause to be taken in such manner and form as they shall prescribe the testimony in relation to such outrages, and after making report at such time as they shall deem proper the report and the testimony shall be deposited in the Department of Justice, and that the objects of this resolution may be attained the committee shall have power to send for persons and papers.

[NOTE.-Mr. Clay, Mr. Preston, Mr. Dortch, Mr. Orr, Mr. Henry, Mr. Hill, Mr. Burnett, Mr. Phelan, Mr. Semmes, Mr. Maxwell, Mr. Mitchell, Mr. Clark and Mr. Oldham were appointed as such committee.]

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WAR DEPARTMENT, Richmond, Va., October 4, 1862.

ROBERT OULD, Esq., Agent for Exchange of Prisoners, Richmond, Va.

SIR: I inclose copy of a letter from Charles Grattan, a member of the Virginia House of Delegates, and a resolution adopted by that body in reference to the alleged detention of certain prisoners of war, and a copy of a letter* from General McClellan informing General Lee that two of those prisoners were to be treated as prisoners of war. You {p.907} will demand the release of these prisoners and will take occasion to explain to the agent of the enemy that partisan rangers are not persons making war without authority, but are in all respects like the rest of the army except that they are not brigaded and act generally on detached service. They are not irregulars who go and come at pleasure, but are organized troops whose muster-rolls are returned and whose officers are commissioned as in other branches of the service. They are subject to the Articles of War and the Army Regulations and are held responsible for violations of the usages of war in like manner with other regular troops. You will also inform him that the rangers of the State of Virginia detained by them are entitled to be treated as prisoners of war. They are organized under the law of that State and are commissioned by the State authorities. The Confederate Government will insist upon their treatment as prisoners of war and will again resort to retaliation in their behalf if the promise of General McClellan and the undoubted right of the rangers be disregarded.

Very respectfully, your obedient servant,

GEO. W. RANDOLPH, Secretary of War.

* Omitted here; McClellan to Lee, p. 49.

[Inclosure.]

HOUSE OF DELEGATES, Richmond, October 3, 1862.

Brig. Gen. G. W. RANDOLPH, Secretary of War.

GENERAL: Inclosed you will find a resolution adopted by this House this day requesting you to inform them what redress the Confederate Government proposes, or whether they propose any; in other words, whether any steps have been taken or will be taken to release officers and men who are held as prisoners of war by the United States Government despite the cartel lately agreed upon upon the alleged ground that such officers and men are not Confederate soldiers but Virginia soldiers.

Information comes to this House from W. W. Finney, late lieutenant-colonel of the Fiftieth Virginia Regiment, that such officers are held and refused to be given up for exchange, though otherwise treated as other prisoners. He mentions Capt. John S. Spriggs and Capt. Marshall Triplett, of Virginia Partisan Rangers, organized under act of the Legislature of Virginia; Capt. John Covert, commissary of Forty-ninth Regiment of Virginia Militia, and Capt. Silas Taylor, of the Seventy-ninth Virginia Militia (the last captured while acting under Colonel Finney’s own order). These officers were confined on Johnson’s Island, off Sandusky, Ohio. in the same prison in which Colonel Finney was confined and from which he was released under the cartel, they remaining behind.

Respectfully, your obedient servant,

CHARLES GRATTAN, Chairman of Committee.

[Indorsement.]

Inform Mr. Grattan that the Department had not heard of the detention of the prisoners referred to by him and will immediately demand their release. That learning some time ago from Governor Letcher of the reported intention of the enemy to treat Captains Spriggs and Triplett as felons the Department caused two hostages to be set aside from the commissioned officers of the enemy and informed General {p.908} McClellan through General Lee that they would be treated in all respects as the United States Government treated Captains Spriggs and Triplett. General McClellan referred the letter to his Government and afterwards informed General Lee that Captains Spriggs and Triplett would be treated as prisoners of war.

G. W. R.

[Sub-inclosure.]

Resolved, That a committee of three members of this House be appointed who shall wait upon the Secretary of War and acquaint him with the fact that certain Virginia officers are still detained as prisoners of war and learn from him what, if any, redress the Confederate Government proposes, and report to this House.

Agreed to by House of Delegates October 3, 1862.

WM. F. GORDON, JR., Clerk House of Delegates of Virginia.

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RICHMOND, VA., October 4, 1862.

General WINDER.

GENERAL: We inclose you a note from W. C. Barney addressed to ourselves and ask for it your consideration. Mr. Barney as you will perceive denies in the most pointed manner that he has now or has ever had any sort of complicity with our enemies. On the other hand he protests that his sympathies are now and have all the time been with us. If Mr. Barney is really our friend it is a great wrong to throw him into prison. We knew him in Washington City, and from our knowledge of him we do not think he would write such a letter as we now inclose you if his heart was against the South. He says that he is not the person alluded to as giving information to the enemy and we believe he speaks truly.

Very truly,

A. G. BROWN, W. W. BOYCE.

[Inclosure.]

LIBBY PRISON, Saturday, [October 4, 1862.]

Hon. A. G. BROWN, Senator. Hon. W. W. BOYCE, Member of Congress.

DEAR SIR: I feel aggrieved at the position I am placed in by the unjust suspicion that I am an enemy to the Southern Confederacy. I state on the word of a gentleman that I am not in any way connected with the Army of the United States; that I am not the person alluded to in the newspapers at the North as having been at Bull Run battle and having given important information to your enemy, the Northern Government. I voluntarily offer my word of honor that I will never take up arms against the Confederate States nor give any aid or comfort or information against them to their enemies, especially to the United States Government. My sole object in trying to visit Richmond was and is to do what I can for the Confederate States in giving such information as I possess, as also to learn from you your views and wishes [and] to be guided by them. I refused my parole for the reason that I do not wish to place my name on any document which will recognize me as an enemy to the Confederate States or as amenable to the United States Government. My chief desire is to have my position well defined and that I may possess the full confidence of my friends here and of the officers of the Confederate States. In this desire I {p.909} respectfully solicit your good offices with General Winder to procure for me the treatment due to a true friend.

Respectfully and truly, yours,

WM. CHASE BARNEY.

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WAR DEPARTMENT, Richmond, Va., October 4, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: I have the honor to inclose a copy of the letter* I addressed to General Thomas at the time I forwarded Pope’s officers and the so-called nurses captured on the battle-fields of Manassas. I have had no personal interview with the agent of exchange since. I have, however, received from Lieutenant-Colonel Ludlow, acting commissioner, to whom I also made an appeal in behalf of Zarvona, a letter of the date of October 3, in which he says:

The case of Zarvona is yet under advisement. There is every disposition to be lenient. I shall take great pleasure if in my power and consistent with the public interest in responding to your personal appeal on his behalf.

With great respect, your obedient servant,

ROBERT OULD, Agent for Exchange.

* Omitted here; Ould to Thomas, September 25, p. 555.

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KNOXVILLE, TENN., October 4, 1862.

Dr. F. A. RAMSEY, Medical Director, &c.

SIR: I would respectfully call your attention to a few facts in relation to the public prison. There now are and have been for some time past from 100 to 150 persons confined in the public prison at this place. I find it impossible to establish and maintain such hygienic regulations as are necessary to prevent the engendering of disease among the inmates from the accumulation of filth in and about the prison. Many portions of the house are destitute of anything in which the men can spit or deposit throw-out chews of tobacco. Many of the inmates seem exceedingly careless in the observance of cleanliness despite the best efforts of the jailer and myself. Could some one (an inmate) be appointed and empowered to enforce such observance of cleanliness as will properly preserve the health of the inmates? I feel well assured that this cannot be done without the constant presence of some one to enforce all regulations which may be deemed requisite for the well-being of those confined.

One important fact I wish especially to invite your attention to, viz: For some time past all the windows of the lower portion of the building have been closed during the night, or very nearly so. I have several times protested against such a procedure and have met with the answer that it was the orders. I presume this order has been given in consequence of the occasional escape of confined persons. The inmates cannot long retain or regain their health unless the prison has free ventilation. Would it not be proper that the authorities consider the propriety of inclosing said prison with a wall or fence of plank? By such a course the sanative condition of the house would be greatly improved, a less number of guards required and much greater security against escapes obtained.

Very respectfully,

M. C. YOUNG, Acting Surgeon.

{p.910}

[Indorsement.]

Colonel TOOLE, Provost-Marshal.

SIR: The subject-matter of Surgeon Young’s communication has more than once been presented to the authorities. By very great effort on the part of the attending surgeon [of] the prison [he] has thus far prevented epidemic, but unless his suggestions can be made to be actually practicable the inmates of the prison will inevitably sicken and almost as surely die.

Respectfully,

FRANK A. RAMSEY, Surgeon and Medical Director, Department of East Tennessee.

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HEADQUARTERS ARMY OF THE MISSISSIPPI, October 6, 1862.

General BRAGG, Comdg. Department No. 2, Bardstown, Ky.

GENERAL: I send you a paper* received under a flag of truce from General Buell the day before I left Bardstown. I replied that you would answer it as soon as circumstances would allow, but owing to a blunder of the courier in carrying it to the lines it was too late, the bearer of the flag having left. An opportunity is now presented to know when they are on your front toward Lawrenceburg or elsewhere. These Federal officers have been sent forward to me at this place, not having been paroled when the privates were by Colonel Wharton, in Bardstown. One of them I have heard had been taken before and may have been violating a former parole. I am having his case examined. What disposition shall be made of these men?

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

L. POLK, Major-General, Commanding Army of Mississippi.

* See p. 586.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, October 6, 1862.

Governor I. G. HARRIS, Murfreesborough:

Letter from General Bragg of the 27th says all exchanged prisoners must be sent to Kentucky. If General Forrest is certain that General Bragg does not now want in Kentucky the arms he ordered me to send there by Maxey, I will send him enough to arm the troops he can raise.

SAML. JONES, Major-General, Commanding.

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CHATTANOOGA, TENN., October 6, 1862.

Col. J. E. TOOLE, Provost-Marshal, District of East Tennessee, Knoxville, Tenn.

DEAR SIR: I have the honor to acknowledge the receipt of yours of the 4th instant covering instructions relative to the seizure of private property, &c., as also General Orders, No. 1. Please inform me what disposition should be made of Union men arrested and brought to this post. Evidence as to their disloyalty is generally difficult to obtain, though they admit that their preference has been for the Union. At {p.911} present those confined in guard-house are mostly charged with desertion, charges against whom have been laid before the commandant of post.

Respectfully,

CHAS. W. PEDEN, Captain and Deputy Provost-Marshal.

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LIBBY PRISON, October 6, 1862.

General WINDER.

GENERAL: The prisoners have gone and I remain alone. At my request Judge Baxter (upon examination before him) consented that I should not be sent forward with these prisoners. I now ask the treatment due to a friend who voluntarily came among you and voluntarily remained when I was offered to be sent to the North. Judge Baxter has offered me a sojourn at the county court-house, as I must be careful not to act in such a manner as will cause me to be imprisoned on my return to the North. I respectfully request that you will allow me to visit my friends in the city, all of whom are office-holders in the Confederate States.

Your obedient servant,

WM. CHASE BARNEY.

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SPECIAL ORDERS, No. 233.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, October 6, 1862.

...

XI. Capt. R. B. Winder, assistant quartermaster, is assigned to duty in this city from August 13, 1862.

...

By command of the Secretary of War:

JNO. WITHERS, Assistant Adjutant-General.

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RICHMOND, October 7, 1862.

Brigadier-General TILGHMAN:

You are authorized to proclaim all returned prisoners exchanged.

By command of the Secretary of War:

S. COOPER, Adjutant and Inspector General.

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HEADQUARTERS, Petersburg, Va., October 7, 1862.

Hon. G. W. RANDOLPH, Secretary of War, Richmond.

SIR: Thad. Grey, who has been giving us information of the enemy, was arrested and sent to this place by Colonel Claiborne on suspicion of playing false or of trying to betray the command into the hands of the enemy. I never saw Grey but once. I believe he is well known in Richmond-perhaps by you, as I perceive your name on his oath of allegiance to the United States. What shall I do with him? He is believed to be a spy for both parties.

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

S. G. FRENCH, Brigadier-General, Commanding.

{p.912}

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HEADQUARTERS, Madison, Ga., October 7, 1862.

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

GENERAL: I think it proper to communicate to you some facts in regard to the conduct of General Prentiss during his confinement as a prisoner of war. He has shown a disposition to treat with disrespect our Government and its authority, and upon one occasion he and eight other Federal prisoners attempted to escape, to wit: Colonel Geddes, Major Ward, Capt. W. W. Warner, Captain Earle, Captain Van Duzee, Captain Geddes, Lieutenant Mikels and Lieutenant Van Riper. I confined them in the jail at this place and have kept them in close confinement ever since. I look upon Prentiss as one among the most violent enemies of the South and an unprincipled scoundrel. His conduct is base and treacherous and he deserves no humane treatment at our hands. I make these statements in order that you may have an insight into the character of the man.

Very respectfully, your obedient servant,

W. L. CALHOUN, Captain, Commanding.

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MCDOWELL, HIGHLAND COUNTY, VA., October 7, 1862.

SECRETARY OF WAR.

SIR: Having been informed that General Kelley, Yankee commander of North western Virginia, says that the prisoners taken at Rich Mountain and paroled at Beverly, Va., have not been exchanged and he intends hanging them if caught in service, you will please inform me of the facts concerning this matter and if said prisoners, if exchanged, are not allowed sixty days from the time of reporting to make preparations to enter the service.

Yours, respectfully,

JOHN C. CALHOUN, Lieutenant.

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WAR DEPARTMENT, Richmond, October 8, 1862.

ROBERT OULD, Esq., Agent, &c.

SIR: Your attention is asked to the inclosed copy* of a letter from Col. J. C. Porter, and you are respectfully requested to inform the agent of the United States Government in the strongest language that if this warfare be continued we shall set apart prisoners by lot for retaliation. Such atrocities cannot and will not be endured.

Your obedient servant,

GEO. W. RANDOLPH, Secretary of War.

* Not found.

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Act of the Confederate Congress approved October 9, 1862.

The Congress of the Confederate States of America do enact, That the following sums be and the same are hereby appropriated for the objects hereafter expressed for the year ending the 31st of December, 1862:

For support of prisoners of war and for rent of necessary guardhouses, &c., two hundred thousand dollars.

{p.913}

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WAR DEPARTMENT, Richmond, October 9, 1862.

ANDREW PARKS, Esq., AND OTHERS, Charleston, Kanawha County, Va.

GENTLEMEN: I have received your letter requesting that Capt. C. N. Goulding, one of General Pope’s officers, may be placed on the footing of an ordinary prisoner of war. In reply you are respectfully informed that General Pope’s officers have been exchanged, the United States Government having given assurance that his obnoxious orders were no longer in force.

Your obedient servant,

GEO. W. RANDOLPH, Secretary of War.

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HEADQUARTERS ARMY OF NORTHERN VIRGINIA, October 9, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

GENERAL: The prisoners taken by Colonel Imboden were sent to Richmond instead of being paroled because the enemy hold some of his men as prisoners and it is said refuse to parole soldiers belonging to the partisan corps. They had better be retained I think until the determination of the enemy in this regard is definitely ascertained.

Very respectfully, your obedient servant,

R. E. LEE, General.

[Indorsement.]

OCTOBER 14.

Send copy to Robert Ould, esq., and direct him to inform the enemy’s agent that prisoners taken by the partisan corps will not be exchanged until the enemy consent to exchange the partisans.

G. W. RANDOLPH.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, October 9, 1862.

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

Is the writ of habeas corpus still suspended in this department? It is claimed that the time for which it was suspended has expired. Important that I should know as soon as possible.

SAML. JONES, Major-General, Commanding.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, October 10, 1862.

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

Brigadier-General Forrest asks for a copy of the cartel for the exchange of prisoners. He is at Murfreesborough and needs it. Please inform me by telegraph what is the relative value of officers established by the cartel.

SAML. JONES, Major-General.

{p.914}

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KNOXVILLE, TENN., October 10, 1862.

Maj. Gen. S. JONES, Commanding Department of East Tennessee, Knoxville, Tenn.

SIR: My father, Mr. T. G. Craighead, who was arrested at his home in Marion County, Tenn., on the 5th day of June last and taken to Nashville as a political prisoner by Brigadier-General Negley, of the U. S. Army, has returned “on parole of honor, with the privilege of exchange for a person of like grade,” he having given bond of $2,000 to report within thirty days from the 3d of October to Brigadier-General Negley’s headquarters, Nashville, Tenn., and is desirous to know if the major-general commanding will make an exchange. He says that the military authorities of the U. S. Army at Nashville are willing to exchange all the political prisoners held by them, and therefore I would most respectfully ask the major-general to exchange some of the political prisoners held by the C. S. authority within his department for my father. And also for Mr. W. Turner, of Marion County, who is at home on parole of thirty days; Dr. J. C. Bebee, of Tracy City, Marion County, Tenn., who is in Nashville as a political prisoner; Mr. William H. Ballard, of Marion County, Tenn., and Mr. Claiborn Gant, of Sequatchie County, Tenn., who are at Camp Chase, Ohio. All of whom are held by the U. S. authorities as political prisoners, they never having taken up arms against the United States Government, but for having advocated, aided and abetted the Government of the Confederate States in a civil manner they are now suffering imprisonment.

Hoping that you may be able to effect an exchange for the above-mentioned gentlemen, so that they may be able to return to their families, I am, with great respect, your most obedient servant,

WILL. A. CRAIGHEAD.

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WAR DEPARTMENT, Richmond, October 11, 1862.

ROBERT OULD, Esq., Agent, &c.

SIR: You will inform the agent of the United States that an equal number of Federal prisoners will be selected by lot and retained until the prisoners named in the list* are either returned or shown not to be embraced by the cartel. You will also inform him that a hostage will be retained for Colonel Zarvona, and that you will furnish a list of the hostages hereafter.

Your obedient servant,

GEO. W. RANDOLPH, Secretary of War.

* Not found.

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[OCTOBER 11, 1862.]

General COOPER, Adjutant and Inspector General:

The officers and soldiers of the U. S. Army who were captured early last year in Texas by General Van Dorn, and perhaps others, including the Eighth Infantry, have been exchanged. These men were on parole. The terms of the cartel require us to deliver them within the enemy’s lines. As General Magruder is about to go to Texas will you do me the favor to put the delivery of these men to some convenient point in possession of the enemy under his charge?

If General Magruder is not going will you have the necessary orders sent to the commanding officer in Texas to have these men delivered {p.915} to the U. S. authorities? The men I understand are in the neighborhood of San Antonio. The exchanged list embraces all our captures of the regulars of the United States in Texas.

Respectfully,

ROBT. OULD, Agent of Exchange.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, October 11, 1862.

Col. W. W. BOYD, Commanding at Chattanooga, Tenn.:

You are directed by the major-general commanding to send forward immediately all paroled prisoners to be exchanged who are in and around Chattanooga. They are to be sent to this place with all possible dispatch.

Very respectfully, your obedient servant,

CHAS. S. STRINGFELLOW, Assistant Adjutant-General.

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MILITARY PRISON, Richmond, Va., October 11, 1862.

Hon. SECRETARY OF WAR OF THE CONFEDERATE STATES.

SIR: I was captured in Kentucky on the 9th day of July, 1862, while in command of the post at Tompkinsville, and have been a prisoner of war in confinement ever since. On Tuesday last I was informed by Captain Calhoun, who commanded the military prisoners at Madison, Ga., that I would be sent to Richmond for the purpose of being paroled or exchanged. I arrived in this city this morning and was taken to the office of Major-General Winder, who informed me that I could not be either paroled or exchanged but would be held to answer certain charges that had been preferred against me. He told me that the charge was that I had threatened to turn loose my men upon the women of Tennessee and allow them to be ravished, and also that I had compelled the women to cook for my soldiers. These charges I had before seen in one of the papers and I now pronounce them false in every particular.

I will briefly state what did once occur with my command when at Sparta, Tenn., and from which the story has originated. A day or two after Colonel Morgan took Cave City, Ky., I was ordered by General Dumont to march toward the Cumberland Mountains and intercept the colonel if possible, and to facilitate my march to take no wagons or anything to impede me but to forage upon the people for subsistence. I reached Sparta on the fourth day and after a march of forty-five miles, and my men had been twenty-four hours without food of any kind. They were in such a condition that I could not march them further without food, and I feared that should they enter the houses of the people they might use insulting language and take things that would outrage the people. I therefore rode up to the hotel where quite a number of people were congregated and stated to them the necessities of my men and my desire to keep them out of their houses and prevent outrages of any kind. They at once agreed to cook for my men a meal and I asked them to send me their bills, for which I made out a proper receipt, upon which they could at any time obtain the money by presenting them at the quartermaster’s department at Nashville. I pledge my honor as a soldier and a gentleman that the above is a true statement.

THOS. J. JORDAN, Major, Ninth Pennsylvania Cavalry.

{p.916}

[First indorsement.]

I certify on honor that I commanded one of the companies of the Seventh Pennsylvania Cavalry, a part of Major Jordan’s command on his expedition to Sparta, and that the above statement is true in every particular.

AMOS B. RHOADS, Lieut., Comdg. Company B, Seventh Pennsylvania Cavalry.

[Second indorsement.]

We certify that we are all well acquainted with Maj. Thomas J. Jordan, Ninth Pennsylvania Cavalry, and that he is a gentleman and a man of honor and that any statement emanating from him may be relied upon in every particular. We would therefore respectfully ask that he be included in the present list of paroled prisoners.

B. M. PRENTISS, Brigadier-General, U. S. Army. T. L. CRITTENDEN, Brigadier-General, U. S. Army.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, October 12, 1862.

Brigadier-General FORREST, Commanding at Murfreesborough:

General Cooper telegraphs the following as the value of officers in privates as established by the cartel:

General commanding, 60; major-general, 40; brigadier-general, 20; colonel, 15; major, 8; captain, 6; lieutenant or ensign, 4.

By command of Maj. Gen. S. Jones:

CHAS. S. STRINGFELLOW, Assistant Adjutant-General.

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CHARLESTON, S. C., October 13, 1862.

Hon. W. PORCHER MILES, Member of Congress, Richmond, Va.:

Has bill for execution of abolition prisoners after 1st of January next passed? Do it and England will be stirred into action. It is high time to proclaim the black flag for that period. Let the execution be with the garrote.

G. T. BEAUREGARD.

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LIBBY PRISON, [October 13, 1862.]

Brig. Gen. J. H. WINDER, Richmond.

GENERAL: I am informed that the flag-of-truce boat will not leave Aiken’s Landing before 1 p.m. to-morrow (Tuesday), and as I did not come to Richmond voluntarily to be detained in prison, but for the purposes I have heretofore stated to you, I respectfully request that you will permit me to return to the North by this present boat, and allow me to visit Governor Brown, Senator, and Mr. Boyce, Member of Congress, before I leave.

It will be necessary for me to leave Richmond by 11 a.m. to-morrow in order to reach the boat. I desire to see Judge Baxter also.

Your obedient servant,

WM. CHASE BARNEY.

{p.917}

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ADJUTANT AND INSPECTOR GENERAL’S OFFICE, Richmond, October 13, 1862.

Brig. Gen. N. B. FORREST, Commanding, Murfreesborough, Tenn.

GENERAL: At the request of Maj. Gen. Samuel Jones, commanding, by telegraph, I have the honor of forwarding you with this a copy of the cartel* for the exchange of prisoners.

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

JASPER S. WHITING, Major and Assistant Adjutant-General.

* Omitted here; see p. 266.

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CASTLE THUNDER, October 13, 1862.

My Honorable PRESIDENT:

I say my, for I own no other; will no other own. I come to you, a poor weak woman whose future looks, oh, so cheerless. I come to you, the relict of him who has paid the penalty of his wrongdoing, if wrong he did, of which I know nothing. I come to you begging. I wish to go home. It was hinted an exchange. Oh, sir, exchange me, a Southern born, a South-adoring woman. No, no; rather let me remain here in my people’s prison and die than exchange me for one of my own countrywomen. They say I might harm some one. Does a mother harm her child, a child her mother? The South is my mother. I will not harm her. Her glory is my pride. I look to her like a bleeding bird for succor. I have suffered. Oh, you can feel for the suffering; let me go home where I may seek some spot, and unnoticed pass the remainder of my dreary, dreary days. I will pray for you; do you no harm. There is nothing so ingenuous as fear but I fear nothing. I am protected here and my Holy Mother knows my heart, but I have ties in Maryland-interests there. Please let me go home.

Very respectfully, your obedient servant,

MRS. T. WEBSTER.

[First indorsement.]

Secretary of War for inquiry and advice.

JEFFERSON DAVIS.

[Second indorsement.]

OCTOBER 17, 1862.

Referred to General Winder for inquiry and report.

G. W. RANDOLPH, Secretary of War.

[Third indorsement.]

Respectfully returned to the Secretary of War with the report that it was decided by the Secretary some time since to release Mrs. Webster and send her home, but the Secretary having been told that Mrs. Webster would compromise many friends in Maryland, the Secretary directed she should be retained until further orders.

JNO. H. WINDER, Brigadier-General of Volunteers.

{p.918}

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GENERAL ORDERS, No. 75.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, October 13, 1862.

I. The following notice of the officers and men who have been duly exchanged as prisoners of war is published for the information of all concerned:

RICHMOND, September 22, 1862.

1. All officers and men who have been delivered at Aiken’s Landing, Va., up to this date.

2. All officers who have been delivered at Vicksburg, Miss., up to this date.

3. Ten thousand three hundred and sixty-eight men of the first deliveries at Vicksburg, Miss.

ROBERT OULD, Agent for Exchange.

II. All officers and men who have been duly exchanged as prisoners of war will without delay join their respective regiments and corps.

By order:

S. COOPER, Adjutant and Inspector General.

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WAR DEPARTMENT, Richmond, October 14, 1862.

ROBERT OULD, Esq., Agent, &c.

SIR: Your attention is asked to the inclosed copy of a letter* from General Lee, and you are respectfully requested to inform the agent of the United States that prisoners taken by our partisan corps will not be exchanged until the enemy consent to exchange such of the partisans as fall into their hands.

Your obedient servant,

GEO. W. RANDOLPH, Secretary of War.

* See Lee to Randolph, October 9, p. 913.

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HEADQUARTERS, Petersburg, Va., October 14, 1862.

Hon. G. W. RANDOLPH, Secretary of War, Richmond, Va.

SIR: I have been repeatedly warned or notified that there was a lady in Portsmouth named Tabb that could not be trusted; indeed, that she was a spy. Yesterday she arrived here under the name of Ward and registered her name (at least it was done) as Mrs. Whittle. Accompanying her was a Mrs. Williams, who is the daughter of Flemming, formerly master machinist of the Portsmouth Navy-Yard, and whose husband is now a draughtsman in the Naval Ordnance Department. It is believed that they had letters secreted on their persons from what was observed by a person at whose house they stopped. Their baggage has been searched and the person also of Mrs. Tabb, but no letters of import found. Nevertheless I would rather they were in Salisbury than in Richmond and I think they should either be sent there or back to Portsmouth. Mrs. Tabb is said to have passed through here in disguise but she denies it. She leaves a family of five children in Portsmouth and yet she wishes to pass the winter in Richmond. She is highly connected there and I presume you will be importuned in her behalf. I think both should be sent back or be sent to Salisbury or some other place.

Yours, very respectfully,

S. G. FRENCH, Brigadier-General, Commanding.

{p.919}

[Indorsement.]

OCTOBER 17, 1862.

Authorize General French to dispose of the prisoners as he thinks best.

G. W. RANDOLPH, Secretary of War.

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JONESBOROUGH, TENN., October 16, 1862.

Col. JOHN E. TOOLE.

DEAR SIR: I have been so much engaged since the return of my son that I have not had time until now to fulfill the promise I made to write to you.

Of the prisoners who were sent from this place to Madison, Ga., he says that Richard McCloud will volunteer; that William Dawes, Stephen Morely, David Boyd, George McPherson and Less. Boyd are willing to give bonds; that James A. Estes is willing to take the oath, and being a printer is not subject to conscription; that James W. Babb is willing to take the oath and is liable to conscription; that James Atkinson can give bond, but has a lame hand and cannot be required to serve in the army; that George McPherson is ruptured and is in like manner exempt; and that Henry A. Kelly, who was born in New Hampshire, desires to be sent across the line.

David says that none of the above persons started to Kentucky except Atkinson, McCloud and the Boyds. Kelly as I hear refused to go to Kentucky, having been discharged last fall by General Leadbetter from a false charge of being a spy in the country. Dawes furnished some crackers to Morely without knowing the object as David thinks, and having had one eye shot out in a fight and a controversy in the newspapers is probably the subject of private malice. Dawes has a family dependent upon him. Morely also is a married man, and his offense consisted in obtaining and furnishing the crackers. Estes so far as David knows did nothing beyond furnishing some money and visiting the stampeders. McPherson as David believes did nothing at all. Kelly’s friends say that as a druggist he will be exempt; that he refused to go to Kentucky and will not join the army, and only desires to get away from the suspicions to which he is subjected by his Northern birth.

My son states that John and James Rogers, of Hawkins, will volunteer if they can. He says that Peter Elliott and William D. Blevins, of Carter, are anxious to be discharged. The latter is sixty-three years old and cannot probably give security.

David especially desires me to intercede in behalf of Col. James Henry, of Blount, and Peter Slagle, of Carter. The former you know and the latter I regard as a man who will keep any promise or obligation he may enter into. But I cannot dwell upon each case separately or draw shades of distinction between them, nor can I enter into arguments without writing a letter too long with the demands upon your time for you to read. The only argument, if I may so call it, that I can use in their favor is that now there is no U. S. Army at Cumberland Gap, and now that so many are volunteering or quietly yielding to the conscript law I think it would be good policy to pursue a lenient course, knowing that if clemency is abused the parties can be again easily arrested.

Yours, truly,

THOS. A. R. NELSON,

{p.920}

HEADQUARTERS ARMY OF TENNESSEE, Holly Springs, Miss., October 16, 1862.

General PRICE.

GENERAL: The prisoners of war belonging to your command have arrived and you will direct them to report to their different commands, but will require no duty of them until they are exchanged.

By order of General Van Dorn:

M. M. KIMMEL, Major and Assistant Adjutant-General.

P. S.-A list will be sent you.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, October 16, 1862.

ANDREW JOHNSON, Jr.

SIR: The major-general commanding has received your communication of the 15th and directs me to say in reply that at this particular juncture of affairs he is compelled to decline granting passports through our army lines. If you have made your election between the two Governments and decided against the South the permission asked will be granted as soon as circumstances will allow. Meanwhile he repeats the policy declared in his proclamation and will see that full protection is given to the persons and property of all loyal citizens. Should you remain you will find that to this you will not be made an exception. Should your application be renewed in a short time it will most probably receive a favorable reply.

I am, sir, your obedient servant,

CHAS. S. STRINGFELLOW, Assistant Adjutant-General.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, October 16, 1862.

L. P. MYNATT, Esq.

SIR: The major-general commanding directs you to proceed to Chattanooga, Tenn., and inquire into the charges against all civilians charged with violations of the laws of the Confederate States. You will examine the charges and the evidence to sustain them and report in writing your opinion as a lawyer who should be released on account of the vagueness or frivolousness-of the accusations or the want of evidence to support them, and who should be confined for trial.

Very respectfully, your obedient servant,

CHAS. S. STRINGFELLOW, Assistant Adjutant-General.

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RICHMOND, October 16, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: By request of Hon. George W. Crawford, of Georgia, I herewith inclose for your consideration his letter, together with that of Capt. Clay Crawford, held by our Government as a prisoner of war. May I beg of you to give the matter your attention and to favor me with a reply?

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

WILLIAM H. HIDELL, Private Secretary of Hon. Alexander H. Stephens, Vice-President Confederate States of America.

{p.921}

[First indorsement.]

OCTOBER 19, 1862.

Inform Hon. A. H. Stephens that the case will be investigated, and refer it to General Winder for inquiry and report.

G. W. RANDOLPH, Secretary of War.

[Second indorsement.]

Respectfully returned to the honorable Secretary of War. Upon inquiry I find that Clay Crawford was sent from Madison, Ga., and received at C. S. military prison on October 11 and paroled 12th of October, 1862, and sent North.

JNO. H. WINDER, Brigadier-General.

[Inclosure.]

BELAIR, September 27, 1862.

Hon. A. H. STEPHENS, Vice-President, &c., Richmond.

DEAR SIR: I have stated to Captain Crawford, whom I do not know and as I think is no kin of mine, that I would write to you in his behalf. His statement in relation to our introduction is remembered and true. Other parts of it are without my knowledge. My reply to him was substantially that his commission probably fixed his character as a prisoner of war; that the Confederate Government only acted on general principles of national law or by convention; the two Governments had agreed on a cartel for the exchange of prisoners and that he ought to accept the terms of this cartel whenever offered to his choice, &c. But according to his own statement he left his command without authority and will probably be treated as a deserter by the Federal Government. I do not know the policy of our Government in such matters and hence I refer his case to the Secretary of War, before whom you will be pleased to place this letter and the inclosed.

Very respectfully, yours, &c.,

GEO. W. CRAWFORD.

[Sub-inclosure.]

MADISON, GA., September 24, 1862.

Hon. G. W. CRAWFORD.

SIR: I address you to ask you that you will assist me in obtaining my release (on parole or otherwise) from custody as a prisoner of war. I do not know whether you will remember me, but I feel satisfied that when you are acquainted with the circumstances under which I was made a prisoner you will interest yourself in my behalf. I was appointed cadet while you were Secretary of War (1850) and had the honor of being presented to you at the Department by General Samuel Houston. On the surrender of Fort Sumter I resigned my commission in the Regular Army and retired to my home in Missouri. I was elected to the Missouri State Convention and voted with the Southern members for the withdrawal of the State. During the following summer our State was plunged into all the horrors of civil war by invasion. The militia was called out for defense and I accepted a commission from Governor Gamble with the understanding that my regiment was not to be ordered from the State or used except to repel invasion. This pledge was violated and immediately after the battle of Pea Ridge seven officers, including myself, tendered our resignations. General Curtis {p.922} refused to recommend their acceptance and we withdrew from the regiment. I came within your lines and had been residing as a citizen at Dresden, Tenn., for some six weeks when I was made a prisoner by Colonel Jackson, Tennessee cavalry. I stated the circumstances to him and he immediately released me on parole. I was ordered to report at Jackson, Miss, and Colonel Jackson promised to lay my case before the proper authorities. However, before I heard from him I was sent to Montgomery, Ala., and confined with the other Federal prisoners and subsequently removed to this place. I presume the prisoners here will be exchanged soon. I do not wish an exchange and shall never serve again in the Federal Army. What I wish is to be permitted to return home on parole, and I will pledge myself to do all I can for the cause of the South not opposed to the interests of Missouri.

Yours, &c.,

CLAY CRAWFORD, Captain, Missouri State Troops.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, October 17, 1862.

Hon. THOMAS A. R. NELSON, Jonesborough, Tenn.

DEAR SIR: I regret to say that some persons incapable it seems of appreciating the manly and patriotic motives which prompted your address to the people of East Tennessee have attributed it to a desire to procure thereby the release of your son. It is due to you that I should state that neither you nor any one ever intimated to me that you desired the release of your son, nor did I intimate any promise or intention of releasing him. I took it for granted that you did desire it, but I had too just an appreciation of your character to suppose for one moment that your action on so important a matter would be influenced by that motive. I have heard that your son was young and indiscreet and had committed the offense for which he was arrested in violation of your expressed wishes and whilst you were absent from home. I have released a number of prisoners besides your son, and I released him because I supposed it would be more gratifying to you and because I judged that the boy would be more likely to become a more loyal and useful citizen if brought within your influence than if left in prison with persons older and more culpable than himself. If you think the insinuations against your motives worthy of notice you are at liberty to make such use of this note as you may think proper.

Very respectfully and truly,

SAML. JONES, Major-General, Commanding.

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HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Knoxville, October 17, 1862.

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

There are numbers of our paroled prisoners here, and [more] are coming daily. Can you not send an officer here to arrange their exchange?

SAML. JONES, Major-General, Commanding.

{p.923}

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RICHMOND, October 18, 1862.

Maj. Gen. G. W. SMITH, Richmond,

GENERAL: I am directed by the Secretary of War to inform you that as the paroled prisoners at Camp Lee are to be exchanged by or before Thursday, 23d instant, they may be started on Monday, the 20th instant, to await orders at Winchester.

Very respectfully, &c.,

J. S. WHITING, Assistant Adjutant-General.

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ADJUTANT AND INSPECTOR GENERAL’S OFFICE, Richmond, October 21, 1862.

Lieut. Gen. J. C. PEMBERTON, Commanding, &c.

GENERAL: I am directed by the Secretary of War to inclose you the foregoing copy of a letter received by the President, and to direct that you will inform the commanding general of the enemy’s forces that if the account of the murder be true retaliation will be made on prisoners unless the murderers are punished. You will set apart hostages by lot for the purpose and notify the enemy you have done so.*

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

JASPER S. WHITING, Major and Assistant Adjutant-General.

* See Vol. XVII, Part II, p. 870 et seq.

[Inclosure.]

JACKSON, MISS., October 3, 1862.

His Excellency JEFFERSON DAVIS, President of the Confederate States.

DEAR SIR: As I am not aware that the subject has been brought to your special notice I inclose herewith the letter* of J. T. Trezevant relating the facts and incidents connected with the murder of William H. White by the Dutch cavalry of Illinois [Sixth Illinois Cavalry], under the command of one Captain Boicourt. Whatever may be their example, the Government of the United States profess to be governed by the laws and usages in war observed and practiced by civilized nations. The facts recited in this case are so revolting to humanity, so grossly violative of the precepts of Christianity, as to place it beyond the pale of civilization and class it distinctly with the barbarities of the Sepoy or the North American Indian.

I take it for granted, therefore, that if you have not already done so you will immediately institute an inquiry into the case, and if the facts are found to be as they are stated, of which I do not entertain a doubt, that you will demand that Captain Boicourt shall be given up to the Confederate authorities to answer for the crime which he has committed against humanity and against the laws of war. There are but few men of any country, I am happy to believe, who are so lost to the common instincts of humanity as to be capable of committing such a crime, and few indeed who are not imbued with New England civilization that will not sicken at the recital of its details. I am therefore justified in the hope that if the law of retaliation is held up before them with such a manifestation as will carry conviction to their minds that it will be inflexibly maintained, the Federal authorities will be constrained by a public opinion and by their own natural impulses to give up this villain rather than allow a better man to suffer death for his crime.

{p.924}

Mrs. White, the mother of the young man murdered, is the daughter of a Revolutionary patriot. Her mother was the sister of Governor Miller, of South Carolina, who also represented that State for many years in the Senate of the United States. She is a most estimable lady and has a large and respectable family connection spread all over the South.

I have written this letter at the instance of a friend, knowing Mrs. White to be a connection of my wife. Will you be kind enough to let me know what has been done or what is likely to be done with this case?

Very respectfully, your obedient servant,

HENRY C. DANIEL.

* Not found.

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HEADQUARTERS, October 21, 1862.

Maj. Gen. E. VAN DORN, Commanding Holly Springs.

GENERAL: The lieutenant-general commanding directs me to say that by instructions from the War Department Brigadier-General Tilghman will retain 2,000 of the returned prisoners, as the terms of the exchange are not fully completed.

Very respectfully, &c.,

J. C. TAYLOR, Aide-de-Camp.

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HDQRS. DEPT. OF MISSISSIPPI AND EAST LOUISIANA, Jackson, Miss., October 21, 1862.

Brig. Gen. L. TILGHMAN, Jackson, Miss.:

In reference to your communication of 20th instant I am directed by the lieutenant-general commanding to say he desires to be informed to whom a detachment of prisoners stated by you to have been sent to our lines near Baldwin, Miss., has been sent.

In regard to that portion of your communication in which you state that you are awaiting orders from Richmond and desire to be informed whether “existing orders as to the return of returned prisoners to their respective commands be carried out,” I am directed to say that “existing orders” have been canceled, viz, as to the return of such prisoners to their respective commands. Your instructions are that 2,000 prisoners be retained for the present.

Very respectfully, &c.,

R. W. MEMMINGER, Assistant Adjutant-General.

–––

RICHMOND, October 22, 1862.

Brig. Gen. L. TILGHMAN, Jackson, Miss.:

Robert Ould, esq., is charged with the duty of agent for the exchange of prisoners under the cartel. Communicate with him and receive instructions from him as to the exchange. Great confusion will ensue from two agencies independent of each other.

G. W. RANDOLPH, Secretary of War.

{p.925}

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HDQRS. DEPT. OF MISSISSIPPI AND EAST LOUISIANA, Jackson, Miss., October 22, 1862.

General E. VAN DORN:

I inclose herewith a communication* addressed to Major-General Rosecrans, commanding U. S. forces in your front; also General Rosecrans’ letter** to commanding general Confederate Army. I desire you to reply as far as practicable to his inquiries. Though I have expressed my convictions that his complaints are unfounded, I cannot deny them on my own knowledge. I deem it unnecessary and inexpedient to refer to the paragraph of General Rosecrans’ letter (in your reply) which bears upon the occupation of Jackson, &c., unless you have reason to believe such an arrangement as he proposes would inure to our benefit. You are desired to send my letter together with your own by flag of truce as soon as possible.

Respectfully, &c.,

J. C. PEMBERTON, Lieutenant-General, Commanding.

P. S.-Please return General Rosecrans’ letter and send me copy of your reply. No list of U. S. prisoners accompanied.

Respectfully,

J. C. P.

* Omitted here; Pemberton to Rosecrans, October 22, p. 641.

** Omitted here; Rosecrans to Price, October 16, p. 627.

–––

RICHMOND, October 22, 1862.

H. WIRZ: (Care of Major Watts, Vicksburg.)

You can go where you please in search of the prisoners. I want the whole business cleaned up especially.

ROBT. OULD, Agent for Exchange.

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HEADQUARTERS ARMY OF WEST TENNESSEE, Holly Springs, Miss., October 22, 1862.

General PRICE:

Please send by the courier the name of a suitable field officer belonging to the command you have ordered to move with General Villepigue to take charge of our Confederate paroled prisoners ordered to concentrate at Meridian. Direct him to report at these headquarters at once. General Pemberton has telegraphed for this officer and he must go in this evening’s train. The major-general commanding wishes a complete roster of officers of your army as soon as possible.

By order of General Van Dorn:

M. M. KIMMEL, Major and Assistant Adjutant-General.

–––

SPECIAL ORDERS, No. 88.}

HDQRS. ARMY OF WEST TENNESSEE, Holly Springs, Miss., October 22, 1862.

...

IV. Colonel Quarles, Forty-second Tennessee Regiment, will proceed to Meridian, Miss., at once and take charge of all paroled Confederate {p.926} prisoners who have been ordered to assemble at that place or may be hereafter ordered there. He will make all necessary requisitions for the necessary supplies to properly provide for them on the proper staff officers in Jackson, Miss.

...

By order of General Van Dorn:

M. M. KIMMEL, Major and Assistant Adjutant-General.

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HEADQUARTERS EXCHANGED PRISONERS, Jackson, Miss., October 23, 1862.

Maj. J. R. WADDY, Assistant Adjutant-General.

MAJOR: Inclosed I beg leave to furnish for the information of the lieutenant-general commanding copies of the correspondence* between Maj. Gen. B. F. Butler, of the Federal Army, and myself in relation to the exchange of prisoners.

The exchange has progressed so far as the delivery of some 300 officers and men from New Orleans. A continuation of exchange seems to depend upon the adjustment of certain matters between Major-General Butler and Major-General Taylor, C. S. Army, commanding Department of Louisiana [District of West Louisiana], but of which I have no official information.

Respectfully, your obedient servant,

LLOYD TILGHMAN, Brigadier-General, C. S. Army, Comdg. Exchanged Prisoners.

* See Tilghman to Butler, September 26, p. 564; Butler’s reply, October 3, p. 594.

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HEADQUARTERS EXCHANGED PRISONERS, Jackson, Miss., October 24, 1862.

Brigadier-General JOHN GREGG, C. S. Army, Present.

GENERAL: With a view of inducting you properly into the office of exchanged prisoners and furnishing you such information as will enable you to proceed regularly with your duties I beg leave to present the following history of all that has transpired in connection with this duty whilst I have been in charge, and also to make such suggestions for your future reference as I deem necessary.

The duties originally assigned me by General Bragg embraced only the reorganization of the returned prisoners from the North who were captured at Forts Henry, Donelson, Island No. 10 and Madrid Bend. This reorganization has taken place, embracing the preparation of muster-rolls, full and complete as could be made from data at hand. These muster-rolls revive the histories of the several regiments, battalions and companies represented by these returned prisoners, and nothing is left devolving on you connected with them except to forward as fast as they arrive absentees.

The work of reorganization is completed by the order to-day issued from department headquarters ordering the company of Captain Durham to report at Vicksburg. As connected with absentees from the regiments, battalions and companies of returned prisoners I would say that officers from all the regiments, &c., have been sent to the neighborhoods in which the regiments, &c., were raised for the purpose of collecting together absentees and procuring recruits, with the printed {p.927} instructions herewith sent. These officers will after reaching the field of their operations make weekly reports to the headquarters of exchanged prisoners of their progress. On the arrival of squads of absentees or recruits it will be your simple duty to forward the same to the headquarters of their respective commands, subject of course to such orders as may be issued from department headquarters after this date.

Your duties connected with prisoners sent to this place other than those referred to above will be divided into the two classes of Federal and Confederate prisoners:

1. As to Federal prisoners: All such on arriving here are usually accompanied by a descriptive roll. When such is not the case you must prepare one. You will receipt for all such prisoners and forward said prisoners with a copy of descriptive roll to Maj. N. G. Watts, C. S. commissioner of exchanged prisoners at Vicksburg, who will be required to return a receipt for the same. Federal prisoners on arriving here are to be confined in the guard-house, with orders not to be allowed to hold communication with any citizen or soldier. Officers are supplied at the guard-house with meals from the hotel (unless the lieutenant-general commanding directs otherwise) at the expense of the C. S. rations, and cooking utensils are furnished non-commissioned officers and privates.

2. As to Confederate prisoners sent here: They should be accompanied by a descriptive roll also, and a copy of this must be sent to Major Watts, at Vicksburg, for register at the office, who will return notice of the same. The prisoners are placed in the camp of exchanged prisoners near the Fair Grounds at this place, now under command of Colonel Bartlett. Their wants are supplied by the usual requisitions upon the quartermaster’s and commissary departments at Jackson. You will inform the Secretary of War from time to time through the Adjutant and Inspector General at Richmond of the number and rank of the prisoners on hand, who will give the necessary orders for completing the exchange. Duplicate copies of all such communications are sent to R. Ould, chief commissioner of exchanged prisoners, at Richmond. Brief telegrams afford the quickest means of communication with all parties and are authorized.

In all cases requiring a discharge you proceed as usual in other cases, care being taken to have the papers reach you through the several channels pointed out by Army Regulations.

Furloughs except in extreme cases are positively prohibited. By reference to paper B you will understand that all prisoners exchanged, the headquarters of whose commands are not in this department (Mississippi and East Louisiana), are to be sent without further instructions to their regimental, battalion or company headquarters, with an order to report. Whenever it is practicable these men should be sent in detachments under the charge of some trustworthy officers, care being taken to have them supplied with cooked rations for at least three days when the journey is likely to require a greater length of time.

I have requested that all matters appertaining to pay, quartermaster’s and commissary departments be, by order of Lieutenant-General Pemberton, referred to the officers of these departments at this post. All cases intended or suitable for hospital should be managed through the post surgeon, Cabaniss. All prisoners registered at Vicksburg prior to 7th of October, 1862, have been by proclamation exchanged. All requisitions are to be signed by you and sent up to Lieutenant-General Pemberton. All cases pending for leave of absence are to be refused.

{p.928}

Copies of all orders, letters, telegrams sent and received to be kept.

Open all telegrams directed to me and advise me if necessary.

LLOYD TILGHMAN, Brigadier-General, C. S. Army.

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HOLLY SPRINGS, October 26, 1862.

General PEMBERTON:

Will the 2,700 prisoners sent from Guntown to Meridian do for the retained 2,000 you wrote about, their exchange not being completed?

EARL VAN DORN.

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HEADQUARTERS EXCHANGED PRISONERS, Jackson, Miss., October 26, 1862.

Maj. J. R. WADDY, Assistant Adjutant-General.

MAJOR: I have learned from prisoners arriving here that General Van Dorn has ordered the prisoners paroled by the Federal authorities at Bolivar and returned thence to Holly Springs to remain at that place quartered with their regiments. If it is desired that these prisoners shall report to me it will be necessary for General Pemberton to issue an order requiring it. The prisoners at Holly Springs so far as I can learn are not accounted for at these headquarters and we can obtain a list of them only by their reporting.

Respectfully,

JOHN GREGG; Brigadier-General, Provisional Army, C. S.

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GENERAL ORDERS, No. 25, Prison Series.}

HDQRS. DEPT. OF HENRICO, Richmond, October 27, 1862.

Capt. T. P. Turner will assume command of the C. S. prisons. Capt. G. W. Alexander is hereby relieved.

By order of General Winder:

W. S. WINDER, Assistant Adjutant-General.

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OXFORD, MISS., October 27, 1862.

Lieutenant-General PEMBERTON.

DEAR SIR: We, the undersigned, would respectfully represent to you that on Saturday evening, 18th instant, we with four other gentlemen of our vicinity were arrested by the Federal authorities at Jackson, Tenn., and are now held as hostages for four Union men arrested by some independent partisans, who were brought by those partisans and are now held in confinement at Holly Springs, Miss.

These four Unionists are men of no standing in our community-ignorant and move in the lowest circles, incapable of doing good to any cause they may espouse, further than giving information to the enemy. We, who are held as hostages for their safety, represent wealth and influence and will be ruined by the Federal officials if these four men are not released. We would further represent to you that we who are held as hostages are Southern men, capable of giving material aid to the Southern Army should it ever reach our locality, a thing we devoutly desire. These are facts we can attest by the right sort of men, and we {p.929} earnestly desire the release of these four deluded wretches, not for their sakes but ours and the cause we have at heart. We will be in Holly Springs on to-morrow and await your answer. If references are needed as to our characters and standing we can give them by telegraph from Holly Springs.

We would further state that we are all men of families, identified with what we consider the best interests of Tennessee, and deprecate those acts of partisans which confer no good to the general cause but heap hardships upon citizens.

All of which is respectfully submitted by

THO. H. NEWBERN, G. W. DAY,

in behalf of themselves and of Eaton Bond, Thomas W. Cooper, David Reid and Stephen Bryant, who are now held in confinement at Jackson, Tenn.

We refer you to Maj. Robert Hurt at the Confederate House.

THO. H. NEWBERN. G. W. DAY.

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HDQRS. DEPT. OF MISSISSIPPI AND EAST LOUISIANA, Jackson, Miss., October 28, 1862.

Captain MAXWELL, Commanding Peach Creek Rangers.

SIR: You are directed to notify the officer commanding the U. S. forces at Helena, Ark., that the private soldier from his command now a prisoner under your charge will on the rendition of Private Morris, of your company of partisan rangers, to Confederate authorities be in like manner returned to the military authorities of the United States. You will further notify him that whatever treatment is extended to Private Morris at the hands of the U. S. authorities will in like manner be extended on our part to the prisoner now held by you.

Very respectfully, your obedient servant,

J. C. PEMBERTON, Lieutenant-General, Commanding.

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HDQRS. DEPT. OF MISSISSIPPI AND EAST LOUISIANA, Jackson, October 29, 1862.

Maj. Gen. E. VAN DORN, Holly Springs:

Your letter* of 24th instant was only received this morning. If the eleven Tennesseeans now in confinement in charge of commandant of the post at Holly Springs are as they represent themselves to be U. S. soldiers they should be proceeded with as other prisoners of war. If there is reason to believe any of their number deserters from Confederate service they should of course be brought to trial by court-martial en charges duly preferred.

I do not approve the policy of arresting citizens as such because of their political proclivities only whilst the enemy is in occupation of the portion of the country in which they reside, inasmuch as our own loyal citizens are made to suffer correspondingly by the enemy on the plea of retaliation. I desire you therefore to discountenance and forbid such

* Not found. {p.930} arrests except in cases where there is actual proof of active hostility against the Confederate Government.

Traffic with the enemy is to be prevented. I know of no punishment, however, that can be legally inflicted beyond the confiscation of goods or payment to the Confederate Government the value of the article sold. I inclose copy of act* of Congress as furnished me by Adjutant and Inspector General’s Office, Richmond. Unless there are other reasons for detaining the parties themselves engaged in this traffic I think that after seizure and confiscation of their goods thus obtained they should be released front arrest.

Very respectfully, &c.,

J. C. PEMBERTON, Lieutenant-General, Commanding.

* Not found.

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No. 18.]

CONFEDERATE STATES COMMISSION, London, October 30, 1862.

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

SIR: It becomes my painful duty to inform the Government of an occurrence which has recently happened on board the C. S. ship Sumter, lying in the Bay of Gibraltar. Captain Semmes and his officers having been transferred to the Alabama, the Sumter was left in charge of a midshipman and boat’s crew only, a guard deemed sufficient by Captain Semmes. On the 14th of this month I received a telegram from Sergeant Stephenson, of the marines (one of those left in charge of the ship), that Acting Midshipman Andrews (in command) had been shot and killed by one of the men named Hester, who was master’s mate; that Hester had been taken into custody by the civil authorities there and asking for instructions. I immediately replied by telegraph to Sergeant Stephenson directing him to take charge of the ship and the public property on board, and that an officer would be sent at once to relieve him. Lieutenant Chapman, a former officer of the Sumter, was then in Paris on duty assigned him by the Secretary of the Navy. In the emergency I wrote to and ordered him to proceed immediately to Gibraltar and take command of the ship, after the death of Midshipman Andrews and the arrest of the master’s mate, the only person on board having the semblance of authority being the sergeant of marines. Some days after I received a letter dated on board the Sumter the 17th of October, signed by all the ship’s crew (only nine in number), including the sergeant of marines, denouncing in strong terms the act of Hester as a cool, deliberate murder and promising that everything should be done by those on board to take care of the ship until further orders. I subsequently received two letters from a Mr. George F. Cornwell, dated respectively at Gibraltar the 17th and 22d of October, informing me that he had been engaged as counsel by Hester, and stating that the latter fully owned the act and vindicated it on the ground that Midshipman Andrews had expressed his determination to take the vessel out of this port (Gibraltar) and give her up at Algeciras to the U. S. ship Supply, then in the latter port, and had threatened to shoot any one who opposed his purpose. Mr. Hester not being (as he says) able to rely on the crew adopted this fatal course and believes that he has only done his duty. I should have stated above that in the letter from the crew of the Sumter no particulars of the affair were given nor {p.931} anything stated as the cause of the act except as in the following paragraph quoted from that letter:

As regards the accusation made by Mr. Hester against Mr. Andrews being a traitor it is as far as we all know entirely without foundation, for he was one that was beloved and respected by all that knew him, more especially by his crew.

s

Lieutenant Chapman came immediately to London on receipt of my letter (as the shortest route to Gibraltar) and sailed for that port in the mail packet on Monday last, the 27th instant. He should have arrived there yesterday. I instructed Lieutenant Chapman to make full inquiry into the affair and its circumstances and to report them accordingly. In the letters of Mr. Cornwell, the counsel, he reports the earnest request of Hester that I would provide means for his defense, and in his last letter a like earnest request that I would take measures to have the prisoner restored to the jurisdiction of the Confederate States, fearing the result of a trial by the British authorities. He further requests that measures be taken to have certain officers of the Sumter, including Lieutenant Chapman, brought as witnesses on his behalf at his trial.

I can form no opinion of what it may be proper for me to do in the premises until I get the report of Lieutenant Chapman. Should there be reasonable foundation for the alleged belief of Hester that Andrews designed the surrender of the ship to the enemy I shall consider it my duty to do whatever may be found best to give him the full benefit of the proofs he may adduce. On the question of jurisdiction it would certainly be right that he should be tried under the authority of our Government, but even should the jurisdiction be yielded by the British Government (which in our unrecognized condition is by no means certain) I should be at a great loss to know how to bring the prisoner to trial and what to do with him in the meantime. This, however, can be only or best determined after getting Lieutenant Chapman’s report. I have further to state that in the dilemma arising out of this unfortunate affair, and with the entire concurrence and advice of Captains Bulloch and Sinclair, of the Navy, as well as of Lieutenant Chapman, I have determined to have the Sumter sold, and have taken measures to have the sale made by Captain Bulloch, the senior officer in the service here. Her armament and such stores of clothing, &c., as can be used in fitting out other ships will be reserved. Lieutenant Chapman’s report shall be transmitted as soon as received to the Secretary of the Navy.

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

J. M. MASON.

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HAMPDEN SIDNEY, October 31, 1862.

Hon. G. W. RANDOLPH, Secretary of War, Richmond, Va.

MY DEAR SIR: In the spring of 1861 a company of young men, students and alumni of Hampden Sidney College, with their president, Rev. Dr. Atkinson, volunteered in the service of the Confederate States under the name of Hampden Sidney Boys. They were mustered into service in the Twentieth [Virginia] Regiment, Lieutenant-Colonel Pegram commanding, and assigned to the Northwestern Army under General Garnett. At the battle of Rich Mountain the most of this company were made prisoners and paroled by McClellan. The larger part were discharged from service in September, 1861, and I believe all during the following winter and spring. One of them has recently stated in this community that under some decision of your Department {p.932} all who were thus discharged previous to the passage of the conscript law of last spring were thus unconditionally and finally released from all obligations of military duty except such as they might voluntarily undertake. I have a son who was in that company and several young friends. He and some others have since their exchange re-entered the service as volunteers. But I would be pleased to know certainly whether it is true that their discharge relieves them finally and for this war from all liability to conscription. As early as is consistent with your duties will greatly oblige me and them.

Address, yours, with high regard, &c.,

REV. B. M. SMITH, Hampden Sidney Post-Office.

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HEADQUARTERS SECOND DISTRICT, Vicksburg, October 31, 1862.

Lieutenant-General PEMBERTON.

SIR: Two days ago we received the prisoners taken at the Bayou des Allemands by General Taylor. They were sent here for exchange. This will be speedily effected except in the cases of four of the men who are surely identified as belonging to the Fort Jackson mutineers by the officers now here, who commanded them at that time. One, a man by the name of Graham, mutinied unconditionally, being of the party who left the fort the evening before its surrender. The other three are of the party who consented to remain under promise of a surrender on the following day. Charges have been prepared against them by their former officers. I would now respectfully ask for instructions as to what disposition shall be made of these men.

I am, very respectfully, your obedient servant,

M. L. SMITH, Brigadier-General, Commanding.

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EXECUTIVE OFFICE, Jackson, Miss., November 1, 1862.

Lieut. Gen. J. C. PEMBERTON.

GENERAL: Yours of yesterday* asking information as to time, place and circumstances of the murder of William H. White is before me. At my request a full statement of the whole affair was made out and sworn to by the eye-witnesses and sent by me to the President, and there are no papers on file in my office from which I can give you the desired information. My recollection of the affair is clear that the murder was committed in De Soto County not far from the railroad bridge over Coldwater. That his wife, sister and mother were present and the Federal troops were from Illinois. Major Blythe, now commanding a battalion of mounted State troops at Hatchie Bridge, near Holly Springs, and Col. Frank M. White, president of the Mississippi and Tennessee Railroad, at Hernando, will give you the information you wish. If neither of these are to be seen you will not fail on your arrival at Holly Springs to find many who can give you all the necessary information.

Very respectfully,

JOHN J. PETTUS.

* Not found.

{p.933}

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HEADQUARTERS, Richmond, November 1, 1862.

Brig. Gen. H. A. WISE, Commanding, &c., Chaffin’s Bluff.

GENERAL: Inclosed you will find copy of my letter to Mr. Ould, commissioner for exchange of prisoners. The “restrictions” and “purposes” were understood by the commissioner and myself, and the guard were to allow the commissioner to pass whatever he, the commissioner, might direct, I having given to him my views in regard to the matter. The guard was asked for by the commissioner in order to preserve order. He, the commissioner, had up to that time the entire control, and from the nature of his office and duties must still necessarily be allowed certain discretion. Mr. Aiken, I am informed by Mr. Ould, is the Government agent for supplying commissary stores to the paroled prisoners, and Mr. Aiken’s son has assisted Major Ould in his official duties. You will see from my letter to Major Ould, copy of which is sent with this, the extent of his authority (from me) beyond what is strictly official. I write amidst interruptions and discussions of all sorts and grades.

General French telegraphs that the enemy crossed the Blackwater in force yesterday, again threatening Petersburg and Weldon.

I remain, respectfully and truly, yours,

G. W. SMITH, Major-General.

P. S.-It is expected that the place for delivery of paroled and exchanged prisoners will be changed to City Point, which will be a relief to all. I shall try to go down to Varina Landing soon and will call and see you to look at your new lines as soon as I can get off for a few hours.

G. W. S.

[Inclosure.]

HEADQUARTERS, Richmond, October 28, 1862.

Major OULD, Commissioner for Exchange of Prisoners.

MAJOR: I find that the indulgence granted to Mr. Aiken, at your special request, is producing difficulty and confusion. I am therefore under the necessity of requesting that you will say to him that it can no longer be continued. The “restrictions” and “purposes” of your passes must hereafter be limited to official matters only, excluding the indulgence allowed to Mr. Aiken at your request, viz, that of getting small quantities of family supplies in consideration of the great inconvenience and trouble to which he has been subjected in consequence of the use of his property and premises for the convenience of exchanging prisoners. I send with this several communications from General Wise* which after reading please return.

G. W. SMITH, Major-General.

* Not found.

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HEADQUARTERS SECOND DISTRICT, Vicksburg, November 1, 1862.

Maj. J. R. WADDY, Assistant Adjutant-General:

I have the honor to report that in accordance with a dispatch from General Pemberton four Federal prisoners have been selected by lot as hostages for the Confederates seized in Tennessee. Their names are {p.934} James E. Gaddy, Company E, Sixth Illinois Cavalry; Bernard Coffins, Company E, Thirty-ninth Ohio Infantry; A. M. Shipman, Company D, Forty-third Ohio Infantry; Nicholas Hoit, Company C, Seventh Iowa Infantry.

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

M. L. SMITH, Brigadier-General, Commanding.

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CHATTANOOGA, TENN., November 1, 1862.

Col. J. E. TOOLE, Provost-Marshal’s Department, Knoxville, Tenn.:

Yours of the - instant advising me of the parole given to Messrs. Dame, Rogers, Dame, Noe and Rogers came duly to hand. The above-named reported to me on their arrival. By order of Brigadier-General Helm, commanding post, I proceeded to Murfreesborough for the purpose of assisting the exchange, and upon reporting to Major-General Breckinridge, commanding that department, who informed me that there was no precedent for such exchange, and if permitted would result in the arrest of citizens indiscriminately in such portions of the Confederacy as the enemy may hold, and that no permits could be granted to pass the lines for any such purpose, I returned to this post last evening and reported to General Helm, who will refer the matter to major-general commanding department.

Very respectfully,

CHAS. W. PEDEN, Captain and Deputy Provost-Marshal.

P. S.-General Helm approved the paroles given and the parties are now at home.

C. W. P.

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RICHMOND, November 2, 1862.

General G. T. BEAUREGARD.

DEAR GENERAL: You telegraphed me some short time ago to know whether anything had been done toward effecting the exchange of Soulé. A proposition has been recently made by our Government to Mr. Wood, the Yankee commissioner of exchanges, who has been in Richmond, to the effect that if the Yankees would give up Mr. Soulé and Colonel Thomas Zarvona we would give up two Yankee spies whom we have here under sentence of death. Mr. Wood was quite favorable to the proposition, but had no authority to act. He promised to urge its adoption upon his Government, however. Colonel Ould, our commissioner, told me yesterday that Wood had fallen into disgrace with the abolition Government in Washington (probably because he may have written truthfully of what he has heard and seen in Richmond, or because he may have refused to play spy within our lines) and that they intend to repudiate all his official acts. If this be true, it is not at all likely that the proposition alluded to concerning Soulé and Thomas, if favorably recommended by Wood, would meet the approbation of Lincoln.

...

Very truly, yours,

WM. PORCHER MILES.

{p.935}

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HEADQUARTERS SECOND DISTRICT, Vicksburg, November 2, 1862.

Maj. J. R. WADDY, Assistant Adjutant-General.

MAJOR: In compliance with your telegraphic order dated yesterday two Vermont prisoners of war have been selected by lot and closely confined subject to your further orders, viz, Edwin Spear, Company G, Eighth Vermont; C. R. Wills, Company G, Eighth Vermont.

I am, very respectfully, your obedient servant,

M. L. SMITH, Brigadier-General, Commanding.

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HEADQUARTERS ARMY OF WEST TENNESSEE, Holly Springs, Miss., November 4, 1862.

General S. PRICE, Commanding Army of the West.

GENERAL: The general commanding directs that you detail an officer to proceed to Jackson, Miss., with all paroled Confederate prisoners of your corps and report to General Gregg. A complete roll, giving place taken, when, where and by whom paroled, regiment, camp, &c., will be sent with the officer, to be turned over with the prisoners.

I am, very respectfully, your obedient servant,

L. L. LOMAX, Lieutenant-Colonel and Assistant Inspector-General.

–––

GENERAL ORDERS, No. 142.}

HEADQUARTERS DEPARTMENT No. 2, Knoxville, Tenn., November 5, 1862.

...

IV. A camp will be forthwith established at Chattanooga for the reception of paroled prisoners, officers and men, who will report with the least possible delay to the commander of the same, Lieut. S. M. McIntosh, Company E, Twenty-seventh Mississippi Volunteers, is hereby appointed to the command of said camp. He will report daily to these headquarters the names of all persons reporting to him, stating their company and regiment to which they belong, when and where captured and paroled. Maj. Moses J. Wicks, assistant commissary of subsistence, is appointed commissary of said camp and is authorized to draw and issue the subsistence authorized by law on the requisition of the commanding officer of the camp.

By command of General Bragg:

GEORGE WM. BRENT, Chief of Staff and Assistant Adjutant-General.

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HEADQUARTERS, Tallahassee, November 6, 1862.

Brig. Gen. THOMAS JORDAN, Chief of Staff and Assistant Adjutant-General.

SIR: I have the honor to report the recapture of three abolitionist prisoners who made their escape from Macon, Ga. They were apprehended by our pickets on the Apalachicola River on their way to the gun-boats of the enemy. Names, J. W. Woolley, Company B, Sixteenth Regiment Illinois Volunteers; James Baldwin, Twenty-third Missouri Volunteers, captured at Shiloh; Charles Hood, sailor, captured on the Aucilla River, Fla.

In addition to the above I have a Spaniard who was wounded at Crystal River, where our men killed the captain and two of the crew {p.936} of the blockading vessel and captured at the same time the balance of the boat’s crew that landed. This man was shot through the body; he is now well enough to be exchanged; his name is Frank Russell. I respectfully ask instructions where I shall send these men.

I have the honor to be, your obedient servant,

JOSEPH FINEGAN, Brigadier-General. Commanding.

–––

SPECIAL ORDERS, No. 71.}

HEADQUARTERS ARMY OF THE WEST, Holly Springs, November 6, 1862.

I. Any commissary is directed to furnish subsistence to paroled Confederate prisoners upon the order of Maj. F. L. Hubbell, Third Missouri Infantry, in whose charge those prisoners have been placed.

II. Transportation will be furnished upon the order of Maj. F. L. Hubbell, Third Missouri Infantry, for paroled Confederate prisoners to Jackson, Miss., by any post or brigade quartermaster.

By order of Major-General Price:

JAMES M. LOUGHBOROUGH, Assistant Adjutant-General.

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RICHMOND, VA., November 8, 1862.

Lieut. Col. CHARLES LAFFON DE LADIBAT, Richmond, Va.

SIR: I have received the petition of the French Legion of New Orleans of which you were bearer and would be greatly gratified to aid in the liberation of the Hon. Pierre Soulé, now confined in close prison by the United States Government in violation of the usages of civilized warfare. I know of no method, however, in which I can assist you in the mission you have assumed. I hope it will be successful; but if not please convey to the officers of the Legion the assurance that Mr. Soulé’s captivity in common with that of many others of our citizens now confined in Northern prisons is a constant subject of solicitude to this Government and that no proper efforts will be spared to secure his release.

Very respectfully, yours, &c.,

JEFFERSON DAVIS.

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HEADQUARTERS DEPARTMENT NO. 2, Knoxville, Tenn., November 8, 1862.

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

SIR: I have the honor to forward to-day lists of U. S. prisoners captured and paroled by my command during the recent Kentucky campaign, amounting in the aggregate to 4,848, viz:

Colonels9
Lieutenant-colonels5
Captains55
Staff officers13
Majors5
Lieutenants95
Total of commissioned officers182
Enlisted men4,666
Officers reduced to equivalents987
Total of above (privates)5,653
{p.937}

This is exclusive of those captured by General E. K. Smith’s command before the forces were united and also of some 600 or 700 captured by Major-General Withers’ division on the 7th of October, returns of which have not yet been made to me. Duplicates of these lists have been forwarded to Vicksburg.

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

BRAXTON BRAGG, General, Commanding.

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SPECIAL ORDERS, No. 237.}

HDQRS. DEPT. OF NORTHERN VIRGINIA, November 9, 1862.

I. All prisoners, officers and men, delivered at Aiken’s Bluff, below Richmond, up to the 8th of November are exchanged and will immediately join their commands.

By command of General R. E. Lee,

A. P. MASON, Assistant Adjutant-General.

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RICHMOND, VA., November 10, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: I am requested by the President to inform you that in a letter received by him he is credibly informed that certain paroled prisoners of war have been placed by General Butler in close custody in the neighborhood of New Orleans, and to give you their names that you may take proper measures for their exchange according to the cartel. They are:

1. Captain McLean, late of McCulloch Rangers.

2. Captain Losberg, captain of the De Feriet Guards, of the Chalmette Regiment.

3. Captain Batchelor, of Third [First] Regiment Louisiana Regulars.

These officers were paroled by Commodore Farragut, but are held in prison by Butler.

4. Capt. W. E. Seymour, who was in commission in the service of the State of Louisiana, and a paroled prisoner.

Besides the above there are a number of privates, among them Mr. Davidson, of New Orleans, who were members of corps of partisan rangers enlisted in our service, and who are held by Butler on the pretext that they are guerrillas and not in our service.

Very respectfully, your obedient servant,

J. P. BENJAMIN, Secretary of State.

[Indorsement.]

NOVEMBER 12, 1862.

ROBERT OULD, Esq.:

You will present these facts to the enemy’s agent and inform him that unless an answer is returned to your various demands and also to the demand of this Government in reference to the execution of Mumford, in New Orleans, which the United States promised to answer in June last, all commissioned officers in our hands will be retained. You will also inform him that fifteen days from the delivery of this note will be allowed for an answer, after which we shall consider the answer delivered and proceed accordingly. You will report the response.

G. W. R.

{p.938}

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WAR DEPARTMENT, Richmond, November 10, 1862.

Brigadier-General WINDER, Commanding, &c.

GENERAL: The report of Lieutenant Talley and the orders respecting it cannot be submitted to the commissioner of the United States for any discussion. The paper is simply a record of our own actions and not as a basis for any stipulation. There is no objection to Mr. Ould’s being informed of the extent to which we shall discharge the persons in confinement and to claim that there may be corresponding liberality; but beyond this, as before stated, the paper is a domestic paper not intended for the eye of the enemy.

By order of the Secretary of War:

J. A. CAMPBELL, Assistant Secretary of War.

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HEADQUARTERS EXCHANGED PRISONERS, Jackson, Miss., November 10, 1862.

Maj. J. R. WADDY, Assistant Adjutant-General, Jackson, Miss.

MAJOR: Yesterday I submitted to General Pemberton the question whether or not I acted properly in sending back to his regiment George Hughes, who was made a prisoner by the Federal forces at Saint Louis, Mo., previous to his having become a soldier, and afterwards came South and joined our army, and came a day or two ago to be received into the camp of paroled prisoners. Since forwarding a communication from the major of his regiment there has arisen the question whether the parole of a citizen who has not yet joined the army is to be considered binding so as to prevent him from entering the service? It becomes necessary also to decide what course shall be taken with a soldier who when taken prisoner took an oath of allegiance to the United States and returned home with a certified copy of it. The decision of these questions by General Pemberton will relieve me of some embarrassment.

Very respectfully,

JOHN GREGG, Brigadier-General, Provisional Army, C. S.

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GENERAL ORDERS, No. 84.}

WAR DEPARTMENT, ADJT. AND INSP. GENERAL’S OFFICE, Richmond, November 10, 1862.

I. The following orders are published for the information and guidance of the Army:

II. Whereas, reliable information has been received that Col. [William W.] Lowe Fifth Iowa Cavalry] and Col. A. C. Harding, Eighth [Eighty-third] Illinois Regiment, U. S. Army, have been engaged in a series of wanton cruelties and depredations in Clarksville, Tenn., and the surrounding counties, which in many instances have resulted in the arrest, incarceration and maltreatment of non-combatants and peaceful citizens of the Confederate States, and in others in the unjustifiable destruction of private property without compensation and contrary to the rules and practice of civilized warfare; therefore it is ordered that the aforesaid Col. [William W.] Lowe [Fifth Iowa Cavalry] and Col. A. C. Harding, Eighth [Eighty-third] Illinois Volunteers, U. S. Army, be and they are hereby declared no longer entitled to be {p.939} regarded as soldiers and that they have forfeited all claim to the benefits of the cartel existing between the Governments of the Confederate States and the United States for the exchange of prisoners of war; and further, in the event of their capture they shall be kept in close confinement and treated as felons until otherwise ordered by the President of the Confederate States.

III. And whereas, other officers of the U. S. Army yet unknown to the Confederate Government are represented and believed to have participated in the wrongs and outrages before referred to; therefore it is also ordered, that the provisions of the first paragraph of this order shall be applicable to any other officers of the Federal army in the State of Tennessee upon proof of their guilt deemed satisfactory by the commanding officer of the department in which they may be captured and held.

IV. And whereas, Maj. Gen. John Pope has been removed from the Federal army operating in Virginia and the obnoxious order (No. 11) of July 23, 1862, issued by him, has been stated by the U. S. authorities to be inoperative and without effect; therefore it is ordered, that so much of General Orders, No. 54, of August 1, 1862, from the Adjutant and Inspector General’s Office, Richmond, as applies to the said Major-General Pope and the officers serving under him in Virginia be, and is hereby, rescinded.

By order:

S. COOPER, Adjutant and inspector General.

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RICHMOND, November 12, 1862.

Brig. Gen. JOHN GREGG, Jackson, Miss.:

Send the paroled Virginia prisoners to the camp here if their regiments are in the Eastern armies.

G. W. RANDOLPH, Secretary of War.

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HEADQUARTERS, Richmond, Va., November 12, 1862.

Maj. Gen. S. G. FRENCH, Commanding, Petersburg, Va.:

Major Ould, the commissioner for the exchange of prisoners, has just informed me that the point for delivering paroled and exchanged prisoners is changed from Varina Landing to City Point. Make your dispositions to receive returned prisoners there on Saturday next, and provide a camp for them in the vicinity of Petersburg until they are exchanged and ordered to their regiments.

G. W. SMITH, Major-General.

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HEADQUARTERS, Richmond, November 12, 1862.

Maj. Gen. S. G. FRENCH, Commanding, &c., Petersburg, Va.

GENERAL: ... I sent you a telegram to-day informing you that the place for delivering paroled prisoners was changed to City Point and directed the adjutant-general, Major Melton, to send a letter of instructions. The commissioner, Major Ould, will go over to-morrow, and I send an officer of my staff to confer with your officers in {p.940} your absence and endeavor to assist in making the necessary arrangements.

...

Respectfully and truly, yours,

G. W. SMITH, Major-General.

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HEADQUARTERS, Richmond, Va., November 12, 1862.

Maj. Gen. S. G. FRENCH, Comdg. Department of North Carolina, Petersburg, Va.

GENERAL: A dispatch was sent you this morning informing you that the point for landing paroled prisoners of war had been changed from Aiken’s to City Point. The major-general commanding directs me to say that he desires you to take measures without delay to provide for the reception of the prisoners at the Point as soon as possible. It will be necessary to construct a wharf at the landing. Meantime some other expedient must be used for that purpose, as the first boat will probably arrive on Saturday. Inasmuch as these boats arrive without notice it will be necessary to establish a camp at the Point for their accommodation until cars can be sent to convey them to Petersburg with an officer, to be empowered by Mr. Ould to receipt for the prisoners, and with authority to control the camp, with a surgeon and medical stores and a depot of commissary and quartermaster’s stores. A large proportion of the prisoners will arrive sick or wounded, so that houses at or near the Point should be procured for their shelter. The guard furnished should number at least seventy-five men, that number being necessary to prevent the prisoners from straggling into the country. The major-general commanding directs that a camp be also established in the vicinity of Petersburg with a competent officer in command to which the paroled prisoners will be removed as soon as possible after they have landed and provided for and securely guarded until they are exchanged. The camp of paroled prisoners at this point has given more annoyance and trouble than any other of the many charges upon the command in Richmond, and you will be fortunate and deserve unusually if you succeed where we have well-nigh failed in managing it satisfactorily. The men arrive full of the idea of deserving unusual privileges because of their capture and will at once besiege your officer for furlough, pleading the unusual merit of their position, and upon being refused, as they must be in every instance except when furnishing a certificate of disability, they become exceedingly unruly, mutinous and difficult of management. You will find it necessary to employ a large guard, therefore, and forbid their entering the town except in limited numbers daily. The prisoners who are sick or wounded should be provided for in a hospital, which should be set apart for that purpose, properly guarded. It may now and then occur that a prisoner will bring an infectious or contagious disease into our lines, and provisions must be made to guard against and dispose of such cases promptly. Mr. Ould, the commissioner, will visit Petersburg and the Point to-morrow. Whatever may be necessary for his own and the accommodation of the Federal commissioner the major-general commanding desires you to provide promptly, and whatever suggestions and recommendations Mr. Ould may have to make he wishes to entertain favorably. Your prompt, earnest and most diligent attention to this matter the major-general commanding directs me to ask, suggesting, in the interest of humanity {p.941} as well as of the service, that every energy possible should be exerted to perfect the necessary arrangements at the earliest moment. It is to be regretted that earlier notice could not be given of this change. The major-general commanding trusts, however, that, acting upon the intimation given you some time since of the proposed change, you are not entirely unprepared for it.

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

SAM. W. MELTON, Major and Assistant Adjutant-General.

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CIRCULAR.]

HDQRS. FIRST ARMY CORPS, November 12, 1862.

Notice is hereby given that all prisoners captured and paroled in Virginia and Maryland before November 1 are exchanged, as are all delivered at Aiken’s Bluff up to November 11. Such of these classes as are present with their commands will at once return to duty, and commanders will take steps to cause the return of those that may be absent awaiting exchange.

By command of Lieutenant-General Longstreet:

G. M. SORREL, Assistant Adjutant-General.

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GENERAL ORDERS, No. 86.}

1 ADJT. AND INSP. GENERAL’S OFFICE, Richmond, November 12, 1862.

I. The following notice of the officers and men who have been duly exchanged as prisoners of war is published for the information of all concerned:

EXCHANGE NOTICE, No. 3.]

RICHMOND, VA., November 11, 1862.

1. All Confederate officers and men who have been captured and paroled in Virginia or Maryland at any time from the beginning of hostilities to the 1st of November, 1862, have been duly exchanged and are hereby so declared.

2. All Confederate officers and men who have been delivered at Aiken’s Landing, en James River, at any time previous to the 11th of November, 1862, have been duly exchanged and are hereby so declared.

3. All Confederate officers and men who have been delivered at Vicksburg, Miss., previous to the 1st of November, 1862, and including said date, have been duly exchanged and are hereby so declared.

ROBERT OULD, Agent for Exchange.

II. All officers and men who have been duly exchanged as prisoners of war will without delay join their respective regiments and corps.

By order of

S. COOPER, Adjutant and Inspector General.

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RICHMOND, November 13, 1862.

General PEMBERTON:

All Confederate officers and men who have been delivered at Vicksburg up to November 1, including that date, are exchanged.

S. COOPER, Adjutant and Inspector General.

{p.942}

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HEADQUARTERS, Richmond, Va., November 13, 1862.

Maj. Gen. S. G. FRENCH, Comdg. Department of North Carolina, Petersburg, Va.

GENERAL: I sent you a telegram yesterday the moment Major Ould informed me that the point for delivering paroled prisoners had [been changed to] City Point. Anticipating that there might be some delay or misapprehension on account of your absence I sent over an officer of my staff with instructions to confer with and assist in preparing for the reception of prisoners on Saturday next with directions to see that everything was done that could be to enable us to receive and take proper care of the prisoners that may arrive on Saturday. From a letter received from him to-day it is fortunate that he went over. I hope that on your return you will be enabled to make such permanent arrangements as will enable you to accommodate and take care of all paroled prisoners who may arrive. Smallpox has several times broken out among them and your medical officers will have to take measures for preventing the spread of diseases of a contagious character. I have not yet been able to procure heavy guns for the obstructions at Hamilton, Kinston, &c., but hope to be able to do so.

Your telegram of to-day from Rocky Mount is received. I infer from it that you have sent the four regiments to Wilmington. Write me fully on all points of interest as soon after your return as convenient.

Respectfully and truly, yours,

G. W. SMITH, Major-General.

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HEADQUARTERS DEPARTMENT OF HENRICO, November 13, 1862.

Captain TURNER, Commanding Prisons.

SIR: Please inform me whether there is a man in your custody whom I can place in irons as a hostage for Mr. Smith, who was connected with the burning of the Alleghanian and since captured.

Respectfully,

J. H. WINDER, Brigadier-General.

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C. S. MILITARY PRISONS, November 13, 1862.

Brig. Gen. J. H. WINDER.

SIR: In reply to yours in reference to a suitable person to be placed in irons as a hostage for Mr. Smith I have to reply that we have the following prisoners from the U. S. Navy: Paymaster of steamer Daylight and two ensigns belonging to the gun-boat Mount Vernon and the U. S. steamer Daylight. Either of the above I think would be suitable to be held as a hostage.

Your obedient servant,

TH. P. TURNER, Captain, Commanding.

P. S.-There are also eighteen sailors belonging to these steamers, taken on the 6th of November at Fort Fisher, on the North Carolina coast.

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RICHMOND, November 13, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: I have the honor to return herewith the letter of October 7, directing prisoners to be selected in return for those brought here from {p.943} Washington by William P. Wood. I also return the list* of prisoners brought on by Wood, numbering 145. Prisoners were selected from those in confinement here and sent off numbering 62, leaving 83 to be drawn from Salisbury to make up the equivalent. Inclosed is the list,* marked A, of those sent off. It will be observed none of these men are citizens of the Confederate States. To complete the number of 145 it was, as above stated, necessary to draw from Salisbury 83 others. William P. Wood obtained permission to visit Salisbury to look to the condition of the prisoners. After his return a protracted and sometimes an unpleasant negotiation ensued in reference to the individual prisoners discharged from confinement. Three points were settled in these negotiations, subject to your approval:

1. All the prisoners discharged were to be of those who adhered to the Government of the United States.

2. All who thus adhered were to be sent out of the Confederacy as alien enemies and adherents of the Government of the United States, and if such persons returned to any State in the Confederacy they were liable to be treated as alien enemies.

3. No citizen of any other State than Virginia was to be discharged in consequence of the discharge of a Virginian, but citizens of the United States might be discharged without reference to the place of their arrest.

The first two questions became very important because I thought one object to be obtained by the irregular mission of Wood was to obtain such pretext for interfering between the Government of the Confederate States and its citizens as would give them a plausible ground of alleging there were Union men here who desired their protection and to whom they were giving protection. To me it seemed the best and most obvious course to prevent this was to send away such prisoners as determined to remain citizens of the United States out of the limits of the Confederate States as alien enemies. This course was equivalent to banishment and would make the political status of these men one in which they could do us no harm. By permitting them to remain after they deliberately chose to adhere to the United States and had been looking for protection to that Government would leave bad citizens among us and perhaps fully as injurious as if they returned to the community.

On the third question, many of our citizens from Kentucky, Tennessee and North Carolina are imprisoned in the United States. I thought it right the citizens held from those States should be held as hostages for our citizens from those States. Governed by these considerations I made out with William P. Wood a list of 91 or 92 persons who were directed to be brought from Salisbury, Seventy-nine were brought and 12 remained. Those ordered to be brought on above the 83 were ordered to be exchanged for guerrillas and other prisoners. In making out this list I excluded all our citizens who (as far as I then was informed) had been charged with crimes against the laws of the Confederacy or States and against whom proof could be procured. I put on it citizens of the States of the United States who I believed were great scoundrels, but who could not be brought to justice in the Confederacy or any of the Confederate States. In making out this list difficulty was encountered from the fact that only citizens of Virginia and some of the States of the United States were included in it.

The recall of William P. Wood relieved me from further negotiations with him, but it seems to me that justice to the discharged citizens and {p.944} good faith require 143 prisoners to be discharged for those sent and received by us. I permitted Mr. Wood to take his copy of the papers signed by him and myself. These papers were not to take effect until ratified by the Secretaries of War of the respective Governments. The copies are marked C and D. Of course these papers not having been ratified are not of any validity. I returned, marked B, a list of the 79 prisoners brought here from Salisbury and suggestions of prisoners to be taken from that list and one to be added to it.

S. S. BAXTER.

* Not found.

[Inclosure No. 1.]

WAR DEPARTMENT, October 7, 1862.

S. S. BAXTER, Esq.

SIR: I understand that a considerable number of political prisoners have been sent here by the Federal Government for exchange. We do not acknowledge the right of exchange and cannot recognize it, but as we are engaged in examining the cases of our political prisoners with a view to their release and desire that such release shall benefit our own unfortunate citizens in the hands of the enemy as much as possible, I must request that you will forthwith recommend for discharge all who may properly be discharged. They may be delivered to the agent of the enemy for the exchange of prisoners, if they prefer returning in that way to their homes, or if their stay is considered dangerous, or such of them as prefer it, may be discharged here, if it is compatible with the public safety. You may furnish a list of the discharged prisoners to the agent of the enemy. You will as heretofore confine your discharges to persons arrested for political offenses and retain those charged with violations of municipal laws or with being spies.

Very respectfully, your obedient servant,

GEO. W. RANDOLPH, Secretary of War.

[Inclosure C.]

Memorandum of agreement between William P. Wood, an agent appointed by Edwin M. Stanton, Secretary of War of the Government of the United States, and Sydney S. Baxter, an agent appointed by George W. Randolph, Secretary of War of the Government of the Confederate States, in reference to citizens who, if taken, would be imprisoned in the jurisdiction assigned by the United States Government to General Wadsworth and by the Confederate States Government to General Winder.

1. Persons taken in arms who belong to companies authorized either by the State of Virginia or the Government of the United States or the Government of the Confederate States are hereafter to be treated as prisoners of war and exchanged as such.

2. No citizen peacefully pursuing his ordinary avocation is to be molested by either army for his political opinions or as a hostage for other citizens. But this exemption shall not be extended to protect citizens in riotous or seditious conduct or in acting as spies, nor shall it be so extended as to prevent officers commanding armies from removing temporarily (but not confining in prison) any persons they may deem necessary from the theater of immediate operations, nor shall it be construed so as to prevent the arrest of any person against whom civil or criminal process has been lawfully issued, and if such person be arrested by the military authority he shall be immediately {p.945} transferred to the civil authority for speedy and proper proceedings under the process, and this shall be done without reference to the cause the person may espouse.

3. No marauding parties and no wanton or illegal interference with the property of citizens shall be tolerated by either party, and offenders against this article shall be brought to speedy justice.

Signed by William P. Wood and Sidney S. Baxter and to take effect when signed and ratified by Edwin M. Stanton, Secretary of War of the United States, and George W. Randolph, Secretary of War of the Confederate States.

S. S. BAXTER, For George W. Randolph, Secretary. WILLIAM P. WOOD, For E. M. Stanton, U. S. Secretary of War.

[Inclosure L.]

Memorandum of agreement between W. P. Wood, agent of E. M. Stanton, Secretary of War of the United States, and S. S. Baxter, agent of George W. Randolph, Secretary of War of the Confederate States, in relation to certain citizen prisoners held by their respective Governments.

It is agreed the parties shall have lists made of the Kentucky, Tennessee and North Carolina prisoners held in Richmond and in Salisbury. Such of these prisoners as declare their adherence and loyalty to the Government of the United States shall be delivered to the agent of the United States when the articles signed this day by the said Wood and the said Baxter are ratified by their respective principals, subject to this rule, that for prisoners delivered from each State an equivalent is to be furnished in prisoners from that State. And as the said Wood believes that there has been released from custody by the Government of the United States eighteen or nineteen prisoners held from North Carolina for whom no equivalent has been given or received, on producing evidence of the unconditional release of that number of prisoners he shall be entitled to an equivalent therefor in North Carolinians professing fidelity and loyalty to the Government of the United States and against whom there is no charge of specified crimes other than loyalty to the Government of the United States, if there be so many confined under the charge of General Winder.

WILLIAM P. WOOD, For the United States. S. S. BAXTER, Agent for Confederate States.

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HEADQUARTERS DISTRICT OF GEORGIA, Savannah, November 14, 1862.

Brigadier-General JORDAN, Chief of Staff and Assistant Adjutant-General, Charleston, S. C.

GENERAL: I have the honor to report the following facts to the general commanding and beg that they may be referred to the Secretary of War for his decision:

A few days since Captain Brailsford, of the Lamar Rangers, landed on Saint Catherine’s Island and while there encountered six negroes in Federal uniforms with arms (muskets) in their hands. Captain B. killed two of them and captured the other four. One of these negroes, {p.946} a boy named Manuel, is now in the possession of Messrs. Blount & Dawson, negro brokers in this city, for sale, to prevent which I have just ordered one of my officers to take him out of their hands and to lodge him in jail, there to await the decision of Mr. Randolph.

If I may be permitted to express an opinion upon this subject I most earnestly request that these negroes be made an example of. They are slaves taken with arms in hand against their masters and wearing the abolition uniform. . Some swift and terrible punishment should be inflicted that their fellows may be deterred from following their example.

This is by no means the first case that has arisen and I much fear unless something be done to prevent similar outrages it will not be the last.

Feeling assured that the commanding general will see the necessity of speedy action in the matter,

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

H. W. MERCER, Brigadier-General, Commanding.

[First indorsement.]

HDQRS. DEPT. OF SOUTH CAROLINA AND GEORGIA, Charleston, November 17, 1862.

The general instructions of the War Department respectfully requested for my guidance in such cases.

G. T. BEAUREGARD, General, Commanding.

[Second indorsement.]

Respectfully referred to the President. With his concurrence my decision is that the negro be executed as an example.

J. A. S., Secretary of War.

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EXECUTIVE DEPARTMENT, Richmond, November 17, 1862.

Lieut. Gen. T. H. HOLMES, Commanding Trans-Mississippi Department.

GENERAL: Inclosed you will find a slip* from the Memphis Daily Appeal of the 3d instant, containing an account purporting to be derived from the Palmyra (Missouri) Courier, a Federal journal, of the murder of ten Confederate citizens of Missouri by General McNeil, of the U. S. Army. You will communicate by flag of truce with the Federal officer commanding that department and ascertain if the facts are as stated. If they be so you will demand the surrender of General McNeil to the Confederate authorities and if this demand is not complied with you will inform said commanding officer that you are ordered to execute the first ten U. S. officers who may be captured and fall into your hands.

Very respectfully, yours,

JEFFERSON DAVIS.

* See Holmes to Curtis, Series I, Vol. XXII, Part I, p. 816.

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HEADQUARTERS ARMY OF WEST TENNESSEE, Abbeville, Miss., November 17, 1862.

COMMANDING OFFICER U. S. FORCES, near La Grange:

I have to reply, in answer to your communication relative to Captain Haywood’s company of partisan rangers, I have made necessary inquiries {p.947} relative to this company and find that he received full and proper authority to raise a battalion of cavalry and that they belong regularly to the Confederate service and are entitled to all the rights of Confederate troops.

I wish to inquire if Capt. S. O. Silence, U. S. Army, recruiting officer First Tennessee Cavalry, has been accepted in exchange for Lieut. C. Sulivane, my aide-de-camp, captured at Hatchie Bridge and paroled. Capt. S. O. Silence, U. S. Army, was sent with Lieutenant-Colonel Ducat, U. S. Army, who bore a flag of truce to these headquarters from General Rosecrans about the 20th of October, 1862.

I have also the honor to acknowledge the receipt of Capt. T. W. Harris, assistant adjutant-general, and Capt. William Clark, assistant commissary of subsistence, captured at and near Holly Springs, who are received and acknowledged as prisoners of war, and their names will be sent as others to the proper authorities for exchange.

EARL VAN DORN, Major-General.

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HEADQUARTERS EXCHANGED PRISONERS, Jackson, Miss., November 17, 1862.

Maj. J. R. WADDY, Assistant Adjutant-General, Jackson, Miss.

MAJOR: I have in custody six men captured as Yankee soldiers who are charged with enlisting in Alabama, being residents of that State. Shall I send them to Governor Shorter to be tried or shall they be exchanged I will be glad to have this question answered by General Pemberton or by the Secretary of War.

Respectfully,

JOHN GREGG, Brigadier-General, Provisional Army, C. S.

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RICHMOND, November 18, 1862.

Honorable SECRETARY OF WAR.

SIR: I inclose a letter of Mr. Province McCormick, of Clarke County, Va., relative to the imprisonment of two citizens of that county imprisoned upon arrests made by the Federal troops. I know these citizens and ask the Government to take the necessary steps for their release. They are very respectable and loyal men and valuable as such to the region of country in which they live.

I am, very respectfully, your obedient servant,

J. R. TUCKER.

[Inclosure.]

NOVEMBER 8, 1862.

J. R. TUCKER, Esq.

MY DEAR SIR: Thomas H. Crow and William H. Carter, both of whom you know, were taken by the Federal soldiers some months ago as hostages for two men, Richmond and Stoll, who were arrested and taken to Richmond by our soldiers. Mr. Ryan, who will hand you this, can explain the facts touching these arrests. I understand Richmond was shot at Richmond in attempting to make his escape from prison; that Stoll has been recently released and is now at home. Crow and Carter are still in confinement at Fort McHenry, Baltimore. They {p.948} have suffered months of imprisonment without cause except as hostages. Will you do them and their families the favor of representing the subject-matter to the proper authorities at Richmond and asking prompt action thereon I know you will at once and without delay.

Truly,

P. MCCORMICK.

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HDQRS. DEPT. OF MISSISSIPPI AND EAST LOUISIANA, Jackson, November 19, 1862.

General S. COOPER, Adjutant and Inspector General.

GENERAL: I have the honor to transmit copies of correspondence through flag of truce between Major-General Butler,* U. S. Army, and myself, together with incomplete purported copy of proceedings of court-martial** held or said to have been held somewhere in Louisiana west of Mississippi River; also copy of my letter*** to commanding general U. S. forces at Memphis, Tenn., in relation to the murder of W. H. White. No reply has as yet been received to this last communication.

I am just informed that Capt. W. W. Faulkner, commanding Kentucky Battalion of Partisan Rangers, who was captured in West Tennessee with sixteen of his men, has been sent to the military prison at Alton, Ill., the men with him; also a Captain Meriwether, Lieut. L. H. Johnson and Lieutenant Blakemore. General Grant, U. S. Army, it is said refused to recognize them as entitled to the benefit of the late cartel for exchange of prisoners. These cases of partisan corps are constantly arising. I shall demand their release on parole as other prisoners, but am of the opinion that this matter should be brought to the attention of United States Government. I have at present very few U. S. prisoners in my hands upon whom retaliation can be exercised. All I have, however, will be kept in close confinement until I shall receive instructions from War Department or until all our prisoners whom I know to be in their hands are paroled.

Very respectfully, your obedient servant,

J. C. PEMBERTON, Lieutenant-General, Commanding.

* Omitted here; Butler to Pemberton, November 13, p. 708; Pemberton to Butler, November 18, p. 725.

** For copy of the court-martial proceedings see p. 709.

*** Omitted here; Pemberton to general commanding U. S. forces, &c., November 12, p. 702.

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JACKSON, MISS., November 19, 1862.

Brigadier-General GREGG.

SIR: Upon examination of the books and papers in the provost[-marshal’s] office I find that there are no Federal officers from Indiana regiments in confinement here. There is a Federal prisoner by the name of Spencer Kellogg confined in the penitentiary August 20, 1862, and charged with being a deserter and spy. He is represented by witnesses against him as having been in the Confederate service and was afterwards captured as a Federal naval officer. This is the only account that I can discover of Federal officers in confinement here.

Very respectfully, your obedient servant,

A. D. GARDEN, Lieutenant.

{p.949}

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HEADQUARTERS, November 20, 1862.

Brig. Gen. JOHN S. MARMADUKE, Commanding Advance.

GENERAL: I directed you to parole the Federal sick left in hospital at Fayetteville. You report that before you could execute the order they were taken as prisoners by the provost-guard and sent below.

You will send a flag to General Blunt informing him of these facts and requesting a list of the names of these men. When that list is furnished these men will be paroled and sent to the nearest Federal post, Helena, they now being at Little Rock. I am desirous that the circumstances shall be properly represented to General Blunt because it is against the practice of the Confederate States or their officers to deal with sick men as unfortunately was done in this case.

General Blunt has I understand a number of citizens in custody as hostages for the paroling of the men referred to. Let him be informed that I am influenced by no threat of punishing those citizens, whose arrest is a great outrage, but by the sole consideration that the men left sick in hospitals were taken as prisoners against my express orders and contrary to our custom.

Respectfully,

T. C. HINDMAN, Major-General, Commanding.

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RICHMOND, November 20, 1862.

His Excellency JEFFERSON DAVIS, President of the Confederate States.

SIR: Having been so unfortunate as to fall a prisoner into the hands of the enemy near the Rappahannock on the 6th day of this month I have made use of every opportunity to get useful information for our generals while in their hands, which I had a good opportunity to do the first five days of my captivity as I was not confined closely.

In the first place I ascertained that General Burnside’s army only consists of seven corps all told, and that their original number was much reduced by sickness, desertion, &c. I was sent from Warrenton to Washington on the 13th instant after being paroled and then sent to the Old Capitol Prison and locked up and a guard placed at the door, all of which has been duly set out and forwarded to you through the Secretary of War for action. While running at large in their lines at Warrenton many of their privates came to me secretly and asked what disposition would be made with them when taken prisoners. I informed them that our Government would send them home, which gave great satisfaction to them. I find that their object is to get back home in some way and not go through the hands of their officers. I do not think their army will fight with confidence as there is much dissatisfaction at General McClellan’s dismissal.

I was informed that eight-tenths of the citizens of Washington were as much opposed to Mr. Lincoln’s Administration as ever. Two or three regiments laid down their arms when the news of General McClellan’s dismissal came. Others were ordered to arrest and march them off and refused to obey, which was the secret of General Halleck’s visit to camp. This is beyond question, as the officers were loud and open in my hearing to denounce Mr. Lincoln for the removal. I heard officers remark that they hoped the rebel army might cut them all to pieces, and similar other remarks.

I was also credibly informed that General Banks is soon to command a large fleet to sail in a few weeks from Fortress Monroe against our Southern ports. Did not ascertain the time or number. I was told {p.950} in Washington that Mr. Lincoln was shot at in the daytime last week while walking out but it was not ascertained by whom. The officials I conversed with about the war did not seem to have that confidence in their immediate success of subjugating us, but said it would and must eventually be done; that they would fill their work and machine shops with foreigners to send every man at the North against us but they would conquer us, and I think that project is being put on foot to bring out every man against us.

I am the same individual that wrote to you from Sumter County, Ala., last fall, one year ago, about General Burnside’s fleet, which turned out to be exactly the programme I informed you of. I am now attached to General Longstreet’s staff and have command of his (corps) provost-guard and have nearly broken up the straggling from the army. I will close by asking your assistance to have me exchanged as soon as possible as I am desirous to be present at the next battle.

With great respect, I am, your obedient servant,

ROBT. P. BLOUNT, Lieut. Col.,Provost-Marshal First Corps, Army of Northern Virginia.

[First indorsement.]

Valuable information and request desiring attention.

JEFFERSON DAVIS.

[Second indorsement.]

Preserve this letter and address Mr. Ould, requesting his attention to the closing passage.

J. A. SEDDON, Secretary.

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WAR DEPARTMENT, Richmond, November 21, 1862.

Brig. Gen. J. H. WINDER, Commanding, &c.

SIR: Upon the recommendation of S. S. Baxter, esq., you are directed to dispose of the following citizen prisoners in the manner indicated: M. Radcliffe, to be discharged on taking the oath of allegiance and transportation home furnished him; Ballard Trent, Eli Mason, to be discharged and sent home under the care of M. Radcliffe, and transportation home be furnished; Charles Clinton, John Dressler, to be paroled and permitted to work at their trades; Pat. Tiernan, to be discharged on taking the oath of allegiance; James Amsco (a boy), to be discharged; James Smith, John A. English, John Baxter, Alden Tucker, James Campbell, Thomas Mercer, A. Robinson, Charles Bibb, James Bibb, Albert Shanks, William Kenney, N. C. Hartman, Harvey Robinson, J. H. Kelly and Elias Rhea, to be held as citizen prisoners, who adhere to the United States, until they may be tried in Tennessee, or determine to give their allegiance to the Confederate States.

By order of the Secretary of War:

J. A. CAMPBELL, Assistant Secretary of War.

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ADJUTANT AND INSPECTOR GENERAL’S OFFICE, Richmond, November 21, 1862.

Maj. Gen. S. G. FRENCH, Commanding, &c., Petersburg, Va.

GENERAL: The case of William H. Moore and the questions involved in it have been carefully reconsidered and I am instructed to say that {p.951} the directions of the President conveyed in my letter* of the 15th instant will be carried into effect. The same difficulties present themselves in the case of M. Handly, who was tried by court-martial at Petersburg in October last, and the President directs that the decision in the case of Moore be applied to that of Handly. The Articles of War provide for the trial of officers and soldiers of the Army for military offenses. No civilian can be tried by court-martial under these articles except in the cases of camp-followers and retainers to the camp, &c. (see Articles 60 and 96), or in cases provided for in Articles 56 and 57, and second section of Article 101. Where citizens of the Confederacy offend against the military rules and orders the only remedy is to place them in confinement or send them beyond the limits of the military command.

General Orders, No. 11, on which your action was probably based, was issued in consequence of the President’s proclamation, but the authority for the latter having expired by the limitation contained in the act of Congress approved April 19, 1862, some modification of the order will now be necessary. In the meantime, although the power to arrest offenders continues in the provost-marshal till the order is revoked, action under the fourth paragraph requiring them to be punished by sentence of a court-martial should be suspended until more definite instructions are communicated. Messrs. Moore and Handly must therefore be released from the sentence of the court, but the contraband liquor may be destroyed or confiscated to the use of the Government.

I am, very respectfully, your obedient servant,

S. COOPER, Adjutant and Inspector General.

* Not found.

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GENERAL ORDERS, No. 1.}

HEADQUARTERS ARMY OF TENNESSEE, Tullahoma, November 23, 1862.

...

II. All officers and men who have been delivered at Vicksburg, Miss., up to the 1st of November have been duly exchanged as prisoners of war and will without delay join their respective regiments and corps.

...

By command of General Bragg:

GEORGE WM. BRENT, Assistant Adjutant-General.

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WAR DEPARTMENT, Richmond, November 24, 1862.

Judge HEATH, North Carolina.

SIR: The papers connected with the case of Joseph G. Godfrey, a person seized as a hostage by the Federal authorities at New Berne, N. C., for one Baker White, a deserter from the Confederate Army to the service of the United States, have been examined. We cannot consent to the exchange of Baker White for Mr. Godfrey. The seizure of Mr. Godfrey was in the judgment of this Department an abuse sanctioned by no law of war. A tyrannical employment of power to the injury of a person not engaged in the war is the only aspect in which it {p.952} can be regarded by us. In General Orders, No. 64, paragraph 5, this Department said:

It is hereby announced that no oath of allegiance to the United States and no parole by a person not in military service pledging himself not to bear arms against the United States will be regarded as an exemption from service in the armies of the Confederate States, but persons liable to conscription taking such oath or giving such parole will be enrolled for service. If captured by the enemy they will be demanded as prisoners of war.

This order bears date in September last. It shows the settled opinion of the Department that Mr. Godfrey is not rightfully a prisoner and that we regard his parole as imposing no obligation upon this Department. The Department will not interfere to grant Mr. Godfrey a passport to cross our lines.

By order of the Secretary of War:

J. A. CAMPBELL, Assistant Secretary of War.

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HEADQUARTERS WHITE’S BATTALION, November 24, 1862.

Honorable SECRETARY OF WAR.

SIR: In pursuance of advice received at the hands of General Robert E. Lee I address you this note of inquiry. On the 7th of March last I was arrested by the Federal troops and held as a prisoner, and being taken sick deemed it a duty to myself to get released from prison where I could have no comfort or care, and as I could only effect a release by taking the oath I did so. Now I desire to know whether the Confederate Government will protect me as it does other prisoners when taken, and if not will it force me to take up arms when the consequences of my capture would be certain death? I have identified myself with White’s cavalry battalion and ask to be placed on the same footing with other prisoners should I be so unfortunate as to be captured, or if in conformity with the rules of the Confederate Government to be discharged from the service. I was taken prisoner because I was trying to raise a company for the Confederate service and because I was lieutenant-colonel of the militia that had been engaged on the fortifications erected by General D. H. Hill at Leesburg last winter. I do not desire to be released from the service if I can serve her nobly and fare as others fare when captured. Your speedy attention is requested to this note. Any communication addressed to me, care of Maj. E. V. White, White’s cavalry battalion, will reach me.

Very respectfully,

THOS. W. WHITE.

[Indorsement.]

Answer the letter that this Government does not recognize the paroles that were extorted from prisoners who were not engaged in hostilities between the Confederate States and the United States.

By order of the Secretary of War:

J. A. C. Assistant Secretary of War.

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WAR DEPARTMENT, Richmond, November 25, 1862.

Hon. ROBERT OULD, Commissioner, &c.

SIR: The case of Major Jordan, of the Pennsylvania cavalry, a prisoner, has been considered by the Department. The testimony against Major Jordan convicts him merely of being a ruffian and a brute. He {p.953} has not committed any overt act of violation of the law of war which will deprive him of the privileges of that law. You will therefore deal with him as a proper subject for parole or exchange under the cartel.

Very respectfully, your obedient servant,

J. A. CAMPBELL, Assistant Secretary of War.

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HEADQUARTERS, Peach Creek, Miss., November 25, 1862.

Lieut. Gen. J. C. PEMBERTON, Jackson, Miss.

GENERAL: I have the honor to inform you that I wrote to the Federal authorities at Helena, Ark., as directed by you. They returned my letter saying to Lieutenant Musgrave, the bearer of the dispatches, that they could not recognize a communication from a captain, and if you wished to communicate with that department you could do so directly.

General, hoping you will take some steps to relieve Private Morris, I remain, your obedient servant,

W. C. MAXWELL, Captain, Commanding Peach Creek Rangers.

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RICHMOND, November 27, 1862.

General JOHN GREGG:

Refer to General Pemberton the case of prisoners mentioned in your dispatch. He will exercise a sound discretion in receiving and distributing them to different companies on their taking the oath of allegiance to the Confederacy. Our own citizens who enlist in the Federal service must when captured be regarded like other captives or prisoners of war.

S. COOPER, Adjutant and inspector General.

–––

HEADQUARTERS DEPARTMENT OF HENRICO, Richmond, November 27, 1862.

Captain TURNER, Commanding C. S. Prisons.

SIR: You will call upon Major Griswold, Captain Warner and Captain Alexander to deliver to you all of the negro prisoners now in their possession and to give an account of all that have been delivered to them. You will please attend to this immediately.

By order of General Winder:

W. S. WINDER, Assistant Adjutant-General.

–––

SPECIAL ORDERS, No. 279.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, November 28, 1862.

...

VI. M. W. de Bollé is appointed an assistant agent for the exchange of prisoners at Vicksburg, Miss., and will receive out of the appropriation of contingencies for the army the pay of captain of infantry while so acting.

By command of Secretary of War:

JNO. WITHERS, Assistant Adjutant-General.

{p.954}

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WAR DEPARTMENT, Richmond, Va., November 30, 1862.

General G. T. BEAUREGARD, Commanding, &c.

GENERAL: The question as to the slaves taken in Federal uniform and with arms in their hands as presented to you by the letter of Brigadier-General Mercer of the 14th instant, and by you forwarded to this Department, has been considered in conference with the President. Slaves in flagrant rebellion are subject to death by the laws of every slave-holding State, and did circumstances admit without too great delays and military inconvenience might be handed over to the civil tribunals for condemnation. They cannot be recognized in any way as soldiers subject to the rules of war and to trial by military courts; yet for example and to repress any spirit of insubordination it is deemed essential that slaves in armed insurrection should meet condign punishment. Summary execution must therefore be inflicted on those taken, as with the slaves referred to by General Mercer, under circumstances indicative beyond doubt of actual rebellion. To guard, however, against the possible abuse of this grave power under the immediate excitement of capture or through over-zeal on the part of subordinate officers it is deemed judicious that the discretion of deciding and giving the order of execution should be reposed in the general commanding the special locality of the capture.

You will therefore instruct Brigadier-General Mercer to exercise this discretion of decision and summary execution in the case of the slaves referred to by him and any others hereafter captured under like circumstances.

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

JAMES A. SEDDON, Secretary of War.

(Copy to General Forney, Mobile, Ala., December 13, 1862, for his guidance.)

Library Reference Information

Type of Material: Book (Book, Microform, Electronic, etc.)
Corporate Name: United States. War Dept.
Main Title: The War of the Rebellion:
a compilation of the official records of the
Union and Confederate armies.
Prepared under the direction of the Secretary of War
by Robert N. Scott.
Washington, Govt. Print. Off., 1880-1900.
Published/Created: Washington : Government Pub. Off., 1880-1901 (70 v. in 128).
Description: 70 v. in 128. 24 cm.
Subjects: United States. Army--History--Civil War, 1861-1865--Sources.
Confederate States of America. Army--History--Sources.
United States--History--Civil War, 1861-1865--Regimental histories.
LC Classification: E464 .U6