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 Research US War Dept. Official Records HTML Ser. II, Vol. 5–Confederate Correspondence.

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

SERIES II.-VOL. V.
CORRESPONDENCE, ORDERS, ETC.,
RELATING TO PRISONERS OF WAR AND STATE
FROM DECEMBER 1, 1862, TO JUNE 10, 1863.

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CONFEDERATE CORRESPONDENCE, ETC.

{p.773}

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JACKSON, Miss., December 1, 1862.

Maj. Gen. M. L. SMITH, Vicksburg:

Measures will be taken to take care of the sick prisoners when forwarded here. Please state whether contagious disease exists among them and also at what time they will be forwarded.

DANIEL RUGGLES, Brigadier-General.

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ADJUTANT AND INSPECTOR GENERAL’S OFFICE, Richmond, December 1, 1862.

Lieut. Col. F. L. HUBBELL, Third Missouri Infantry. (Through Lieut. Gen. J. C. Pemberton.)

COLONEL: In reply to your communication of 9th ultimo I am directed by the Adjutant and Inspector General to say that the Confederate Government does not recognize the right of the United States Government to capture unarmed citizens not connected with any military organization. Any oaths or bonds entered into by such persons will not be respected by the Confederate Government.

Very respectfully, &c.,

J. S. WHITING, Assistant Adjutant and Inspector General.

{p.774}

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QUARTERMASTER-GENERAL’S OFFICE, Richmond, December 1, 1862.

Maj. JOHN AMBLER, Quartermaster, Richmond, Va.

MAJOR: The Secretary of War has decided the officers and men taken prisoners of war by the enemy at Rich Mountain are entitled to pay to the date they were exchanged; that the disbandment of a portion of the Twentieth Virginia Regiment was without authority of law, and therefore the companies disbanded as well as those retained in service are to be allowed pay to date of exchange.

Respectfully, your obedient servant,

RICH’D S. COX, Major and Quartermaster. (For Quartermaster-General.)

[Indorsement.]

The Rich Mountain paroled prisoners were exchanged on the 12th of August, 1862.

WM. ROBINSON.

(For R. Ould, Agent for Exchange of Prisoners.)

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VICKSBURG, December 1, 1862.

Lieutenant-General PEMBERTON, Oxford:

Nine hundred prisoners just arrived. Shall I return the Yankee prisoners on hand? I do not mean those held as hostages.

N. G. WATTS, Major and Agent.

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CASTLE THUNDER, December 1, 1862.

Hon. JAMES A. SEDDON, Richmond, Va.

SIR: I am a private in the First Battalion Connecticut Cavalry. On the 7th of October last I was with my battalion encamped near Centerville. Pickets at night patrolled within two miles and a half of Gainesville. Twice a day a patrol was sent to Thoroughfare Gap to reconnoiter. On the 7th of October in the afternoon I was sent there. I was returning and when near Haymarket I was surprised by a party of the Twelfth Virginia Cavalry and taken prisoner. When taken I was within the Federal lines and as near as I can judge forty miles-at least that was the distance I had to travel before I reached the Confederate lines. I have been held since the 12th of October in this prison. Am I not a prisoner of war? And if so why should I not be exchanged? Does my case not come under the cartel? I am here without friends or money. True I am a poor private and that must be the reason I am overlooked. I am confined with all classes of criminals. I respectfully solicit an inquiry into my case.

I am, respectfully, your obedient servant,

CHAS. H. MARSH, First Battalion Connecticut Cavalry.

[First indorsement.]

General WINDER:

I would suggest the propriety of inquiring into this case. The writer is evidently of some intelligence and tells a plausible tale. He may be really a mere prisoner of war entitled to exchange.

J. A. SEDDON, Secretary of War.

{p.775}

[Second indorsement.]

HDQRS. DEPARTMENT OF HENRICO, December 20, 1862.

Respectfully referred to the Secretary of War with the inclosed letter* of the prisoner. He was charged with being a spy and his statement in that letter tended to confirm the suspicion.

JNO. H. WINDER, Brigadier-General.

* Omitted here; see Marsh to Wood (inclosure), p. 777.

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DEPARTMENT OF STATE, Richmond, December 2, 1862.

Hon. JAMES A. SEDDON, Secretary of War.

SIR: I inclose a copy of a letter to this Department dated 27th ultimo from Mr. Robert Bunch, consul of Her Britannic Majesty at Charleston, S. C. It will be seen that Mr. Bunch states that one Gabriel Cueto, claiming to be a British subject, has informed him that he has been arrested and confined nine months at Salisbury, N. C., without trial or charges, and that another British subject named John Carfoot has also been confined for several months without being made acquainted with the accusation against him. I respectfully request that you will direct an immediate and careful investigation to be made of the truth of these allegations and especially whether the parties named are British subjects and that the result may be communicated to this Department.

With great respect, your obedient servant,

J. P. BENJAMIN, Secretary of State.

[Inclosure.]

BRITISH CONSULATE FOR NORTH AND SOUTH CAROLINA, Charleston, November 27, 1862.

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

SIR: I have just received a letter from a person named Gabriel Cueto who describes himself as a British subject born at Edinburg who has never relinquished his allegiance to the Queen. He writes from Salisbury Political Prison, N. C., in which he states that he has been imprisoned for nine months without any charges having been brought against him and consequently without trial. He adds that he came to America as the correspondent of a Scotch newspaper. He gives me no clue to his alleged offense and professes entire ignorance respecting it. Mr. Cueto mentions that there is another British subject named John Carfoot who has been likewise confined in the same prison for several months and who is equally ignorant of the reasons for his detention. It is stated by my correspondent that both he and Mr. Carfoot have been debarred from writing to me and I am led to infer that their present application is made surreptitiously. Under these circumstances I have the honor to request that you will he so good as to inform me as speedily as may be practicable why these arrests have been made and also why these British subjects have been detained in confinement for so long a period without a trial. I feel assured that such abuses of authority if they have really occurred will meet with the prompt reprobation of your Government and that they will be at once redressed.

I beg leave to remain, with the highest consideration, sir, your most obedient, humble servant,

ROBERT BUNCH, Her Majesty’s Consul.

{p.776}

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RICHMOND, VA., December 2, 1862.

Hon. JAMES A. SEDDON, Secretary of War.

SIR: I have the honor to acknowledge the receipt of the inclosed papers* indorsed with a request for my opinion and report.

The prisoners who are held by the Federal authorities are citizens of one of the Confederate States. So also are those who are held by us. The proposition made is to release one set on condition of the discharge of the other. In other words it is a proposal to exchange our own citizens who have been arrested for disloyalty to our Government for other citizens of the Confederate States who in defiance of the usages of civilized warfare have been arrested by the enemy.

I am well satisfied from the course of the Federal authorities that it is their anxious desire to consummate just such a system as is contained in this proposal. It is a deeply laid design to interfere with the administration of justice in the Confederate States and to give practical immunity to such of their friends and partisans in the Confederate States as may preach and practice disloyalty.

There is no sort of reciprocity in the proposed arrangement. We are asked to exchange our own people for our own people. One or more of these parties is subject to the conscript act. In a military point of view what real equivalent do we get for him? Moreover would not the acceptance of a proposal like this be a practical invitation to every man who was inclined to be disloyal to proclaim his hostility to our Government in order that by arrest and subsequent exchange he might relieve himself from conscription? If this request is granted other parties in similar circumstances will claim the benefit of the precedent and demand the exchange of such loyal citizens as the enemy may have wrongfully captured for our own disloyal people.

Our Government has already formally protested against the arrest of such of our people as are not connected with military organizations. We have officially declared to the enemy that persons so taken will not be recognized as lawful captures and therefore not subject to exchange. We have further declared that if persisted in such a course will be met by retaliation.

An acquiescence in the present proposal is substantially an invitation to a future arrest of our non-combatant citizens. Even if the exchange were made there is no guaranty that the same persons would not be arrested again within a week. My own course heretofore has been to refuse any such negotiation as the one proposed.

I shall not consummate any such arrangement unless I am specifically instructed to do so.

With great respect, your obedient servant,

RO. OULD, Agent of Exchange.

* Not found.

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CASTLE THUNDER, December 2, 1862.

Hon. JAMES A. SEDDON, Richmond, Va.

DEAR SIR: I am a prisoner of war belonging to the First Battalion of Connecticut Cavalry and have been confined here since the 12th of October, and I beg that you will please investigate the matter as there have been several exchanges since I have been here.

I remain, very respectfully, your obedient servant,

CHAS. H. MARSH, First Battalion Connecticut Cavalry.

{p.777}

[First indorsement.]

I find from our books that the within-named prisoner was received here and delivered to Captain Alexander on 24th of October charged with being a spy.

TH. P. TURNER, Captain, &c.

[Second indorsement.]

CASTLE THUNDER, December 8, 1862.

The record against Charles H. Marsh, who is here, is that he was taken at Bull Run August 9 as a Yankee spy. Papers with General Winder. Brought here October 24, 1862.

G. W. ALEXANDER, Assistant Provost-Marshal.

[Third indorsement.]

HEADQUARTERS DEPARTMENT OF HENRICO, December 10, 1862.

Respectfully returned to the Secretary of War inclosing letter from the prisoner, which was deemed of itself sufficient to establish a grave suspicion and to warrant his detention.

JNO. H. WINDER, Brigadier-General.

[Inclosure.]

CASTLE THUNDER, Richmond, October 25, 1862.

Mr. WOOD, Commissioner of the United States.

SIR: I am a private of Company D, First Battalion Connecticut Cavalry. On Tuesday, the 6th day of October, 1862, I was detailed by Capt. L. N. Middlebrook, who was stationed with his company at Fairfax Court-House and Centerville, Va., to go to Thoroughfare Gap of Bull Run Mountain for the purpose of watching the enemy. One man was detailed each day for that purpose. After I had passed Haymarket I was captured by eleven members of the Twelfth Virginia Cavalry who got into my rear. I was mounted upon a gray horse with my military saddle and armed with my revolver. My company are without sabers. I was clothed in my uniform. As I was coming up to Haymarket I found on the road a gray jacket which I put on over my blouse as it was a very cool morning. I have been informed that I am charged with being a spy. I claim the protection of the United States.

Yours, truly,

C. H. MARSH, Private, Company D, First Battalion Connecticut Cavalry.

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VICKSBURG, December 3, 1862.

General PEMBERTON:

The flag-of-truce officer is instructed by General Grant to retain four of the returned prisoners in place of the four held in custody here, subject to the same treatment and fate. Do you wish any reply sent?

M. L. SMITH.

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HEADQUARTERS MILITARY POST, Atlanta. Ga., December 3, 1862.

Brigadier-General WINDER, Commanding, Richmond.

SIR: I have the honor to inclose list of prisoners herewith sent by an order from General Beauregard, commanding Department of South {p.778} Carolina and Georgia. They have been confined here some time and are many of them a desperate, bad set of men. You will please send by return guard a receipt for them, and also order the guard furnished with rations for their return to this post.

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

G. W. LEE, Commanding Post.

[Inclosure.]

List of Federal prisoners in barracks.

Name.Company and regiment.Date of capture.Charge.
1862.
P. Piercecompany B, 1st TennesseeApr. 25Bridge burning.
J. J. Barker.Company E, 2d TennesseeMay 3Do.
T. McCoycompany G, 2d TennesseeMar. 28Do.
W. Bensingercompany G, 21st OhioApr. 13Engine thief.
G. SmithCompany H, 2d U. S. Artillery.May 20Prisoner of war.
H. Heblingcompany G, 10th WisconsinJuly 3Do.
G. W. Waltoncompany H, 2d U. S. ArtilleryMay 20Do.
T. W. ColemanCompany G, 10th WisconsinJuly 3Do.
B. PowersCompany G, 19th KentuckyMay 5Do.
Jacob ParrottCompany K, 33d OhioApr. 3Engine thief.
William PittengerCompany G, 2d OhioApr. 14Do.
Robert BuffumCompany H, 21st OhioApr. 13Do.
Elihu H. MasonCompany K, 21st OhioApr. 14Do.
William H. ReddickCompany B, 33d OhioApr. 18Do.
John WallsCitizen, East TennesseeMar. 25Disloyalty.
H. MillsdoMar. 12Do.
R. WhitedoMar. 21Do.
John GreendoMar. 24Do.
G. W. BarlowdoMar. 11Do.
J. TompkinsdoMay 11Do.

All except the five prisoners of war were delivered to Captain Alexander December, 1862.

ATLANTA, Ga., December 3, 1862.

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GRENADA, December 4, 1862.

Maj. J. R. WADDY:

Bragg’s prisoners can go if there is an officer of his to take charge of them.

J. C. PEMBERTON, Lieutenant-General, Commanding

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VICKSBURG, December 4, 1862.

Major WADDY, Assist ant Adjutant-General:

The prisoners were guarded on board the train and sent to Jackson, General Ruggles being notified by telegraph of their departure. The prisoners sent over are exchanged and not paroled.

M. L. SMITH.

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HEADQUARTERS FIRST MILITARY DISTRICT, DEPT. OF MISSISSIPPI AND EAST LOUISIANA, Jackson, Miss., December 4, 1862.

Maj. J. R. WADDY, Assistant Adjutant-General.

SIR: I have the honor to acknowledge the receipt to day of Special Orders, No. 43, of November 29, assigning to me the duty in charge of exchanged and paroled prisoners. I am desirous of information as to the authority invested in me from the lieutenant-general commanding.

{p.779}

First. Is there any established hospital to which I have authority to send the sick and wounded; and if not have I authority to establish one for that purpose?

Second. Have I authority to order supplies from the quartermaster’s, subsistence, ordnance and medical departments for the use and benefit of these prisoners?

Third. Have I authority to employ any of the exchanged prisoners as guards in the absence of other good and sufficient guards?

Fourth. In the absence of supplies of clothing for the exchanged prisoners am I authorized to apply to the War Department at Richmond for supplies?

Fifth. My quartermaster and commissary having been assigned to other duties am I entitled to their official services or not?

I shall hope to receive information at an early moment on this subject.

Very respectfully, your obedient servant,

DANIEL RUGGLES, Brigadier-General, Commanding District.

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VICKSBURG, December 5, 1862.

Major WADDY, Assistant Adjutant-General:

Four transports with prisoners instead of two have arrived. Having no place for them here will send forward as rapidly as possible.

M. L. SMITH.

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INSPECTOR-GENERAL’S OFFICE, Murfreesborough, December 6, 1862.

INSPECTOR-GENERAL, Lieutenant-General Polk’s Corps.

SIR: Accompanying you will find a list* of 179 paroled prisoners belonging to Lieutenant-General Polk’s command. These men are at Chattanooga and in want of pay, &c., to obtain which their descriptive lists are necessary. You will please have them made out and sent to this office as soon as possible.

By order:

A. J. HAYS, Lieutenant-Colonel and Assistant Inspector-General.

* Omitted.

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VICKSBURG, December 6, 1862.

Maj. J. R. WADDY, Assistant Adjutant-General:

Five hundred political prisoners. None landed and will not be landed until definite instructions are received regarding them.

D. BELTZHOOVER.

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IUKA HOSPITAL, Iuka, Miss., December 7, 1862.

Lieutenant-General PEMBERTON, Commanding C. S. Army of the West.

SIR: Occupying the position that I do I feel impelled from a sense of duty to report to you the conduct of Colonel Roddey and officers and men under his command. They have not only violated the condition {p.780} upon which the Federal authorities established this hospital but have insulted Surg. A. B. Stewart whom it was the pleasure of the Federal authorities to place here in charge in a manner which in my opinion demands that a just Government should no less than ask for an explanation and redress. About two weeks ago Capt. Richard W. Johnson entered Iuka in violation of the agreement upon which the Federal lines were extended thus far, and embracing this village and the line of railroad between here and Corinth, and when politely requested to withdraw from the town in reply cast an ungentlemanly reflection upon Surgeon Stewart. And yesterday during the absence of Surgeon Stewart on business for the hospital Major Johnson, accompanied by his brother, Captain Johnson, and about 300 armed men passed through this town, Captain Johnson and one man entering the room where Surgeon Stewart’s wife lay sick and under pretense of searching for a contraband (a body servant of Surgeon Stewart’s from Northern Kentucky) made a complete search of the room even to the bed upon which Mrs. Stewart was lying, from which she has suffered greatly. General, permit me to say that such conduct must be punished or this hospital located here by the special request of your surgeons will be closed, although many of the wounded of your command are pronounced by the surgeons in charge not in a condition to be safely moved. It has been our pleasure to treat with the most circumspect deference the wounded who have fallen into our hands and the Confederate surgeons in charge of them, and we look for an honorable and speedy redress of those outrages.

I am, general, very respectfully,

J. C. CAMERON, Capt., U. S. Army, and Provost-Marshal-General, Dist. of Corinth.

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GENERAL ORDERS, No. 100.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, December 8, 1862.

...

XIII. Commanding officers may order necessary issues of clothing to prisoners and convicts, taking deserters’ or other damaged clothing when there is such in store.

...

By order:

S. COOPER, Adjutant and Inspector General.

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HDQRS. C. S. TROOPS ON SHENANDOAH MOUNTAIN, VA., December 9, 1862.

His Excellency the PRESIDENT.

SIR: Day before yesterday Mr. Job Parsons, a citizen of Tucker County in this State, personally well known to me as a man of the highest respectability, came to this camp to enlist under my command. He was pursued by eight of the enemy’s cavalry for many miles, but his superior knowledge of the mountains enabled him to elude his pursuers and escape. He handed me the inclosed original papers* which had been served upon him by the military authorities at Saint George. A similar assessment was made upon Mr. Parsons’ father for $300 and {p.781} on another relative for $700, and payment coerced under the same diabolical threats. The pretext of robberies of Union men by bands of guerrillas is a falsehood. The fact is that Union men have conspired to run off each other’s horses to Pennsylvania where they are secretly sold, the owners afterwards setting up a claim for reparation on the false ground that guerrillas have robbed them. I inclose this evidence of the atrocity of General Milroy for such action as Your Excellency may deem expedient in retaliation, either as a restraint upon this savage or a punishment should his horrible threat ever be carried into execution. This is only one of a thousand barbarities practiced here in these distant mountains of which I have almost daily heard for the last four mouths. Oh, for a day of retribution!

With the highest respect, your obedient servant,

JOHN D. IMBODEN, Colonel, Commanding.

* See Exhibits A and B, p. 510.

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Medical director’s remarks in reference to statements made by Brig. Gen. D. Ruggles in a communication to department commander of December 6, 1862. Referred to medical director by assistant adjutant-general December 8, 1862.

MEDICAL DIRECTOR’S OFFICE, Jackson, Miss., December 9, 1862.

Maj. J. R. WADDY, Assistant Adjutant-General, Jackson, Miss.:

The statement of General Ruggles that I was in any way the cause of much exposure to the sick of exchanged prisoners is unjust in the extreme as will at once be seen from the following facts:

On the morning after the arrival of the prisoners I was informed (not officially or by General Ruggles) that the piazza at the Bowman House was crowded with paroled prisoners seeking shelter from the rain. I at once sent for the surgeon whose duty it is to attend the prisoners arriving here and directed him to notify General Ruggles of the above fact. He told me he had been to see General Ruggles but was unable to obtain an audience with him. I directed him to go again and to say his business was urgent. I believe that he then succeeded. General Ruggles soon afterwards requested me to call at his office, which I did. I met Major Waddy, the assistant adjutant-general, there and the propriety of sending the sick to Brandon or to any other of the general hospitals was then discussed. I advised against it as I thought there was danger of spreading smallpox over the department. It was then understood between General Ruggles, Major Waddy and myself that the surgeon in charge of the prisoners was to treat all ordinary diseases among them in camp, and if any cases of smallpox occurred they were to be sent to the Deaf and Dumb Institute Hospital where some eighteen cases were already under treatment. I have approved for the surgeon a number of requisitions for hospital tents and other camp equipage, and supposed that all necessary arrangements had been or were being made for the comfort of the prisoners.

It was about 9 or 10 o’clock on the morning referred to that I sent to notify General Ruggles of the prisoners being at the Bowman House. I had heard nothing from him on the subject and did not know whether any of the prisoners were sick or not. I was actuated by sentiments of humanity in sending to notify him. It is I believe General Ruggles’ {p.782} duty to provide for paroled prisoners arriving here and not that of the medical department except as far as relates to those that are sick, and I will do what I can to provide hospital accommodations for such when due notice of their arrival is given me by him. To avoid the risk of spreading smallpox I recommended in my letter of November 29 to the department commander to keep the prisoners in camp for twenty days after their arrival. I have had no reasons to change my views on that subject and I believe that the wisdom of that measure is concurred in by a majority if not all of the medical officers at this post. My prohibitions to sending prisoners to Brandon or to any other general hospital amounted to advice only as it would have been presumptuous in me to have prohibited it while the assistant adjutant-general, the representative of the department commander, was present and could have ordered the sick sent there had General Ruggles convinced him of the policy of doing so notwithstanding my prohibition. I expected no credit from General Ruggles for anything I did but had still less reasons to expect censure from him for not attending to his duties. I was credibly informed yesterday that the night previous the proprietors of the Bowman House had lodged and fed free of charge 200 paroled prisoners who it appears from this up to that time had not been provided for. Will General Ruggles reproach me with that also? Or rather will he not give said proprietors credit for their hospitality and thank them for their kindness in thus relieving him from what might have appeared a neglect of duty on his part had the prisoners been compelled to sleep out of doors.

Very respectfully, your obedient servant,

N. S. CROWELL, Surgeon, C. S. Army, Medical Director.

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RICHMOND, December 10, 1862.

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

SIR: Orders were given some time ago for the release of Cueto whenever the British consul in this city should require him for removal beyond the limits of the Confederacy. An order has been issued to-day to General Winder to hold John Carfoot subject to your orders.

Very respectfully, your obedient servant,

J. A. CAMPBELL.

(For Secretary of War.)

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HDQRS. DIST. OF TEXAS, NEW MEXICO AND ARIZONA, Houston, Tex., December 10, 1862.

Colonel REILY, Comdg. Sibley’s Brigade, Millican, Tex.

SIR: I am instructed by Major-General Magruder to communicate to you the existence of the following order from the Adjutant and Inspector General’s Office at Richmond, November 12, 1862, for the information of all concerned:

EXCHANGE NOTICE, No. 3.]

[NOVEMBER 11, 1862.]

...

3. All Confederate officers and men who have been delivered at Vicksburg, Miss., previous to November 1, 1862, and including said date have been duly exchanged and are hereby so declared.

RO. OULD, Agent for Exchange.

{p.783}

I am further instructed by the major-general commanding to say that all officers and men of your command who have been delivered at the above place will be ordered at once by you to join their respective regiments and companies without the least delay. None of your command except those delivered in conformity with the above order have been exchanged.

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

E. P. TURNER, Assistant Adjutant-General.

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SPECIAL ORDERS, No. 26.}

HEADQUARTERS DEPARTMENT No. 2, Murfreesborough, December 10, 1862.

...

II. All paroled prisoners who have been or who hereafter may be delivered at Vicksburg are declared by the agent at that point as exchanged. They will therefore report for duty with their respective regiments.

By command of General Bragg:

GEORGE G. GARNER, Assistant Adjutant-General.

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WAR DEPARTMENT, Richmond, Va., December 11, 1862.

Lieutenant-General PEMBERTON, Commanding, Jackson, Miss.

GENERAL: Your letter* of the 19th ultimo containing the correspondence between yourself and Generals Butler and Rosecrans, of the Army of the United States, has been received. The papers will be referred to Major Ould, commissioner of the Confederate States to arrange the exchange of prisoners with the United States.

Your own correspondence is approved by the President.

By order of the Secretary of War:

Very respectfully,

J. A. CAMPBELL, Assistant Secretary of War.

* See Vol. IV, this Series, p. 948.

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HEADQUARTERS DEPARTMENT OF HENRICO, December 11, 1862.

Captain TURNER.

SIR: You will parole all the prisoners of war now in your custody to be sent by flag of truce to-morrow.

By order of General Winder:

W. S. WINDER, Assistant Adjutant-General.

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SPECIAL ORDERS, No. 11.}

HEADQUARTERS DISTRICT OF TEXAS, NEW MEXICO AND ARIZONA, Houston, Tex., December 11, 1862.

...

V. Brig. Gen. H. P. Bee, commanding Sub-Military District of the Rio Grande, will at once cause the officers and men of the U. S. Army who were captured early last year in this State, including the Eighth {p.784} U. S. Infantry, to be sent under a guard of cavalry to Vicksburg, Miss., there to be delivered to the commanding officer at that point to be placed by him at some convenient point in possession of the enemy. General Bee will direct the necessary transportation and subsistence arrangements to be made for the above purpose.

By command of Major-General Magruder:

A. G. DICKINSON, Major and Assistant Adjutant-General.

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BRITISH CONSULATE, Charleston, December 12, 1862.

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

SIR: I have the honor to acknowledge the receipt of your letter of the 9th instant with which you have been so good as to convey to me certain information which has been furnished to you by the War Department on the subject of the imprisonment at Salisbury, N. C., of Gabriel Cueto. I observe also that the Secretary of War promises to acquaint you with the reasons for the detention at the same place of John Carfoot, who as well as Mr. Cueto is a subject of the Queen. I beg leave to return my thanks to you for your compliance with my request for information respecting these men. As regards the first of them I shall reserve any further action until I can consult with Her Majesty’s consul at Richmond, by whom the investigation into his case has been commenced. With reference to the other I must await the report to you of the War Department.

I have the honor to remain, with the highest consideration, sir, your most obedient, humble servant,

ROBERT BUNCH, Ker Majesty’s Consul.

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STEVENSON, JACKSON COUNTY, ALA., December 12, 1862.

Honorable SECRETARY OF WAR, Richmond, Va.

DEAR SIR: I have belonged to the Confederate Army almost since the commencement of the war until a few months since, when I was taken prisoner by the Abolitionists. After being confined in the cells of a loathsome jail and other prisons and told I would not be exchanged I was induced to accept their terms by which I could be released which was taking the oath and giving a heavy bond, which I complied with. These being the facts of the case I wish to know if our Government forces me by conscription back into the service, not allowing me even the privilege of other soldiers who have been taken and released by parole or exchanged. If such is the case I submit as it is our law, but at the same time do not believe it is religiously or morally right. Besides which death is my penalty should I ever again fall into their hands for the violation of this oath or parole. I simply ask for the same as other prisoners-an exchange; but if it is not granted I am willing to do my country all the good I can. Without troubling you more upon this subject I close, hoping to hear from you soon.

Very respectfully, your obedient servant,

JOHN T. FITZPATRICK.

[Indorsement.]

Answer that if the writer of this letter was in the Confederate service and while so was taken a prisoner until his exchange is made he is {p.785} not liable to conscription; but if he was not in the Confederate service but a citizen peaceably employed the Department does not acknowledge the authority of the United States to take him a prisoner or to exact from him an oath and will defend him against the consequences of re-entry into service.

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HEADQUARTERS CAVALRY, La Vergne, Tenn., December 13, 1862.

Col. GEORGE WILLIAM BRENT, Assistant Adjutant-General and Chief of Staff.

COLONEL: I have the honor to forward you per courier three letters addressed to General Braxton Bragg which have this day been brought in with flag of truce. I inclose note* of Major Prentice which explains circumstances of the capture of three men from the Fifth Kentucky Cavalry. They were vedettes on the enemy’s outpost and were captured by Criswell and a party of six others-a party of six scouts authorized to act by Colonel [General] Wheeler. At the time of the capture a Federal flag of truce under command of Captain Buford was in front at our picket-lines covering the dispatches herewith sent. The Federal flag-officer entered his protest against the capture under the circumstances. I have the honor to inquire what disposition shall be made of the prisoners, their arms and equipments.

Respectfully, colonel, your obedient servant,

JNO. T. MORGAN, Colonel, Commanding Outpost.

* Not found.

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HEADQUARTERS ARMY OF MISSISSIPPI, Grenada, December 14, 1862.

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

GENERAL: I had the honor to forward to the War Department sometime since a letter from Major-General Butler, commanding U. S. forces, New Orleans, in which he said he would hold Brigadier-General Clark and fourteen other prisoners subject to retaliation for the pretended murder of certain parties in Louisiana, also my reply stating that I would consequently retain all U. S. prisoners until I received instructions from my Government.

I would respectfully ask directions from the honorable Secretary of War for action in the premises.

Very respectfully, &c., your obedient servant,

J. C. PEMBERTON, Lieutenant-General, Commanding.

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HEADQUARTERS ARMY OF TENNESSEE, Murfreesborough, December 14, 1862.

Brig. Gen. JOSEPH WHEELER, Chief of Cavalry, La Vergne.

GENERAL: The general commanding directs me to inclose you the accompanying communications* from Colonel Allen and Major Prentice {p.786} in relation to certain Federal vedettes captured on yesterday whilst a flag of truce from the enemy was within our lines.

The general desires you will investigate fully and report all the facts in the case, especially the localities and relative position of the flag and the parties captured.

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

GEO. WM. BRENT, Assistant Adjutant-General.

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HEADQUARTERS, Ponchatoula., La., December 14, 1862.

General PEMBERTON:

...

I have the farther honor to inform you that I this day send to the provost-marshal at Jackson five Federal prisoners captured by one of my scouting parties. Some three months ago a picket of four men belonging to Rhodes’ Partisan Rangers were captured by the enemy and taken to New Orleans. I have been informed that their exchange has been refused by the commanding Federal officer. I therefore respectfully request your permission to order a flag of truce with instructions to ascertain whether General Butler will exchange them or the reasons for his refusal.

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

A. R. WITT, Colonel, Commanding Post.

[Indorsement.]

Say to Colonel Witt that the case of the four men referred to will be brought to the notice of General Butler by first flag of truce.

J. C. P., Lieutenant-General.

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HEADQUARTERS CAMP OF INSTRUCTION, Macon, Ga., December 14, 1862.

Hon. JAMES A. SEDDON, Secretary of War, Richmond.

SIR: I have the honor to transmit the following copy of a letter received on yesterday from Lieut. J. M. Brittian, enrolling officer of the Sixth Congressional District in this State. I telegraphed the Attorney-General upon the subject immediately upon receipt of the information.

The circuit judge alluded to was the first judicial officer in this State who pronounced the conscript act to be unconstitutional.

Very respectfully, your obedient servant,

JNO. B. WEEMS, Lieutenant-Colonel, Commanding, &c.

[Inclosure.]

DECATUR, GA., December 10, 1862.

Maj. CHARLES S. HARDEE, Commanding Conscript Camp No. 2:

Judge Thomas W. Thomas of the northern circuit is releasing men again on writ of habeas corpus. He ordered J. M. N. Glenn, sub-enrolling officer of Oglethorpe County, to be confined in jail because he did {p.787} not bring the person of R. S. Freeman before his honor to be tried on the writ. The sub-enrolling officer informed me of Freeman’s refusal to go to camp at the appointed time whereupon I ordered the squad to proceed to the residence of Freeman and arrest him and put him under guard to be forwarded to camp the next morning with the squad. It seems that Glenn had been warned to bring Freeman before his honor for trial, but I had no evidence of it before I issued the order for the arrest of Freeman. I sent him to camp previous to the trial ordered by Judge Thomas because he had refused to go. Glenn proceeded to Judge Thomas’ quarters at the time specified whereupon his honor ordered him to be put in jail until the person of Freeman was brought before him.

JABEZ M. BRITTIAN, Enrolling Officer Sixth Congressional District of Georgia.

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WAR DEPARTMENT, Richmond, December 15, 1862.

Brig. Gen. J. H. WINDER.

GENERAL: The Secretary of State desires to have a report of the time when Carfoot was arrested and the exact circumstances of his arrest and the facts elicited at his examination.

Very respectfully, your obedient servant,

J. A. CAMPBELL, Assistant Secretary of War.

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HEADQUARTERS DEPARTMENT No. 2, Murfreesborough, Tenn., December 15, 1862.

Col. B. S. EWELL, Assistant Adjutant-General, Chattanooga.

SIR: I have the honor to inclose for the information of the general commanding the following papers:*

Field return of the Army of Tennessee; tabular form of the organization of same; copies of general orders in same; copy of correspondence with Major-General Rosecrans, commanding enemy’s forces in my front; a map of the country in my front and flanks.

I invite your special attention to the correspondence with General Rosecrans. With that as a basis I have refused to exchange political prisoners; have discharged the only one in my command and have demanded a like discharge on his part.

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

BRAXTON BRAGG, General, Commanding.

* Not found.

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WAR DEPARTMENT, Richmond, December 16, 1862.

Brig. Gen. J. H. WINDER.

GENERAL: You will discharge from arrest and confinement J. G. Anderson, confined at Castle Thunder as a political prisoner.

By order of the Secretary of War:

J. A. CAMPBELL, Assistant Secretary of War.

{p.788}

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HEADQUARTERS, Jackson, Miss., December 16, 1862.

Maj. J. R. WADDY, Assistant Adjutant-General.

MAJOR: I have the honor to state for the information of the lieutenant-general commanding that it is apparently important to send a flag of truce to Major-General Butler in relation to the release or exchange of Brigadier-General Clark who was captured after having been severely wounded at the battle of Baton Rouge, and some other prisoners. If this meets with the approval of the lieutenant-general I shall cause preparations to be made accordingly.

Very respectfully, your obedient servant,

DANIEL RUGGLES, Brigadier-General, C. S. Army, Commanding District.

[Indorsement.]

Inform Brigadier-General Ruggles that the matter of communication with the enemy is exclusively under the control of department headquarters.

J. C. P., Lieutenant-General.

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HEADQUARTERS ARMY OF TENNESSEE, Murfreesborough, Tenn., December 16, 1862.

Brig. Gen. JOSEPH WHEELER, Chief of Cavalry, La Vergne, Tenn.

GENERAL: I am directed by the general commanding to instruct you to return to their lines the three vedettes captured on the 13th together with their entire equipments-arms. The passing of the flag implied protection to all in its rear. He exonerates the officers and men of your command involved in the matter from all intention to violate the flag and has so explained to General Rosecrans.

Respectfully, &c.,

J. STODDARD JOHNSTON, Lieutenant-Colonel and Aide to General Bragg.

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RICHMOND, VA., December 17, 1862.

Lieut. Gen. J. C. PEMBERTON.

SIR: Several communications of yours to the War Department have been referred to me. One of them refers to the case of Captain Murphy. On the 21st September last Captain Murphy was exchanged for Maj. Charles E. Livingston, Seventy-sixth New York Volunteers. General Butler has therefore no claim for any further equivalent for Captain Murphy. The exchange was a special one and was made by me in consequence of an urgent letter from Governor Moore, of Louisiana, in whose service Captain Murphy had been acting. I informed Governor Moore of the consummation of the exchange nearly three months ago. If General Butler will refer to General Orders, No. 147, issued by time United States Government, September 30, 1862, he will see the above exchange therein published. The same communication refers to Partisan Rangers.

The following agreement has been made between the respective commissioners of exchange, to wit:

The body of Confederate troops known by the designation of Partisan Rangers and whose officers are commissioned by the Confederate Government and who are regularly in the service of the Confederate States are to be exchanged when captured.

{p.789}

The Federal Government has recently professed to carry out the above agreement to its full extent. I am inclined to believe it has done so in the East. Perhaps General Butler has not as yet been notified of the action of his Government. The agreement above quoted comes from the War Department at Washington and is signed by their agent of exchange.

It is yet an open question as to what action the Federal Government will take as to Partisan Rangers whose officers are not commissioned by the Confederate Government. We demand also their exchange as prisoners of war. To this the Federal Government has not formally acceded, though many such have been delivered for exchange by the Federals. I am in hopes they will soon embrace them as proper subjects of exchange.

Some time ago I informed Major Watts at Vicksburg that all Confederate officers and men who had been delivered at Vicksburg on or before November 1, 1862, and all officers and men who should after that date be delivered there until I informed him to the contrary were duly exchanged. Has he not so informed you? I presume you have not been so informed as the Secretary of War to-day refers a letter of Capt. James Clark, Company A, Seventh Missouri Cavalry, forwarded by you under date of November 29, 1862, inquiring as to his exchange. Captain Clark and all officers and men, Partisan Rangers of all classes included, who have been delivered at Vicksburg up to this present date have been exchanged. This arrangement will continue until you are notified to the contrary. I will be obliged to you if you will let me hear from you on the receipt of this letter.

Respectfully, your obedient servant,

RO. OULD, Agent of Exchange.

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HEADQUARTERS ARMY OF TENNESSEE, Murfreesborough, December 18, 1862.

Brigadier-General WHEELER, Chief of Cavalry.

GENERAL: In reply to your communication* of this date on the subject of the three Federal vedettes captured on the 12th instant the general commanding directs me to say that you will destroy the paroles of these men and discharge them from the obligation.

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

GEO. WM. BRENT, Assistant Adjutant-General.

* Not found.

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PROVOST-MARSHAL’S OFFICE, Murfreesborough, Tenn., December 18, 1862.

General JOSEPH WHEELER, La Vergne.

GENERAL: I herewith send under guard the following-named Federal prisoners: Benjamin Leach, private, Company I, Fifth Kentucky Regiment; Thomas Leach, private, Company I, Fifth Kentucky Regiment; John Williams, private, Company I, Fifth Kentucky Regiment.

The prisoners have been paroled and are sent in obedience to your order of the 17th instant.

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

CHAS. W. PEDEN, Captain and Provost-Marshal.

{p.790}

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SPECIAL ORDERS, No. 66.}

HEADQUARTERS DEPARTMENT No. 2, Murfreesborough, Tenn., December 18, 1862.

...

II. All paroled prisoners who have been or may hereafter be delivered at Vicksburg are declared by the agent at that place as exchanged. They will therefore promptly report for duty with their respective regiments.

...

By command of General Bragg:

[GEO. WM. BRENT,] Assistant Adjutant-General.

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WAR DEPARTMENT, Richmond, December 19, 1862.

THOMAS W. WHITE, Esq., White’s Battalion.

SIR: You are respectfully informed in reply to your letter of the 24th ultimo 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.

Very respectfully, your obedient servant,

JAMES A. SEDDON, Secretary of War.

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RICHMOND, VA., December 20, 1862.

Hon. JOHN LETCHER, Governor of Virginia.

SIR: I have the honor to report the results of my mission to Fincastle at your instance for the trial of Dr. William P. Rucker on various charges. The first indictment found against him was for the murder of one Michael Joyce in July, 1861. Before the death of the party he was examined by a justice for feloniously stabbing with intent to kill and was committed to answer to that charge before an examining court. At the regular term next thereafter he appeared and was examined after the death of Joyce for the charge of feloniously stabbing, &c., and was discharged.

The grand jury indicted him after an examination for the murder for that crime at the special term of the circuit court of Alleghany held in November. To that charge the prisoner pleaded autrefois acquit and relied upon his discharge by the examining court upon the charge of feloniously stabbing, &c. To the filing of that plea the Commonwealth objected and moved its rejection for insufficiency. Upon full argument the court overruled the Commonwealth’s motion, and adjudging the discharge to be a bar to the prosecution for murder allowed the plea to be filed. The Commonwealth then tendered a replication to the plea averring the examination and judgment to have been procured by the prisoner’s fraud in the absence of the attorney for the Commonwealth. To this replication the prisoner’s counsel objected for insufficiency and the court adjourned it for argument at the next term.

The prisoner was then arraigned upon a charge of larceny of a horse of Joseph H. Persinger in January, 1862. To this he pleaded not guilty, and the Commonwealth not being ready to try it owing to the absence of a material witness it was continued to the next term.

Then came on the case of treason with those of arson of the Cow-Pasture bridge on the Central Railroad and a number of other cases therewith connected, all of which were committed in the month of May, {p.791} 1862. To these charges the prisoner pleaded to the jurisdiction of the court on the ground that he was at the time of the commission of the several offenses charged a citizen and subject of the United States and in their military service, and that he was while so in their military service taken a prisoner of war by the Confederate States and that as such prisoner of war he is not liable to indictment and prosecution by a State court for any of the said offenses. To this plea the Commonwealth objected and after a very elaborate argument the court rejected the said plea as insufficient. A further plea in abatement was tendered and rejected and then the prisoner pleaded not guilty to all the indictments except in the case of treason. In the case of treason the prisoner, his pleas to jurisdiction and in abatement having been overruled, demurred to the indictment. His demurrer was in some respects to matters of form which were unimportant and of no consequence to the main question. But he demurred principally upon the ground that the war in which we are engaged is a war between the United States and the Confederate States, and that the act of the prisoner in levying war in combination with the Army of the United States and in adhering to the public enemy, giving them aid and comfort, was treason against the Confederate States and not against the State of Virginia. This ground of demurrer goes not to the form of the proceeding but is of the gist of the prosecution.

One count is not liable to the objection. Some of the overt acts of levying war and adhering to the enemy in other counts are not open to the objection but many of them are so liable. I desire to argue the point with due care and after ample preparation.

The cases will continue over until the spring term when I hope to be able to dispose of them.

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

J. R. TUCKER.

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PETERSBURG, VA., December 22, 1862.

Hon. JAMES A. SEDDON, Secretary of War C. S. A., Richmond, Va.

SIR: I represent to you the case of Charles A. J. Collins. He was a citizen of Prince George County, Va., and a constituent of mine as State senator. He was arrested by military orders on or about the 10th of July, 1862. He was put in the jail of this city shortly after his arrest. He was kept in jail until about the 1st instant when he was sent a prisoner to Salisbury, N. C., where he is still confined. I do not know why he was arrested, but have reason to believe that he is not guilty of any act of disloyalty. But this I can knowingly represent, to wit, that he was a civilian at the time of his arrest and so remains of course, in no way attached to the army, and is denied not only a speedy trial but any trial at all, for the authorities are ordered not to subject civilians to trial by courts-martial (see General Cooper’s letter to General French under date November 21,* 1862), and he is not delivered over to the civil authority to be tried. I do therefore most respectfully and with the solemn earnestness which it seems to me every lover of civil liberty should, nay must, participate in and affectionately appreciate apply to you or to the President, if he alone is competent, to order the military commanders in whose custody the said Collins is to deliver him over to the civil magistracy of Prince George County where he was arrested.

{p.792}

I write you this letter at the instance of the wife of Collins, my sense of public duty as a citizen and my opinions as counsel concurring in the application. She has three small children, poor and a refugee from her humble home. She is now with her mother in this city, who is also a poor woman.

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

ROBT. R. COLLIER, Senator of Virginia.

[Indorsement.]

Answer that an examination of the political prisoners at Salisbury has been made to a great extent and it was supposed that all had been examined who had been arrested so long ago as July. Directions will be given for the examination of Collins.

J. A. S.

* See Vol. IV, this Series, p. 950.

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Statements of Messrs. Mulford, Florance, Giffin (December 23) and Borland (December 26.)

James H. Mulford, a citizen of New Orleans, having been required by the undersigned, Secretary of State, to make a statement of the facts connected with the gathering of the crops from the plantations in Lower Louisiana by the U. S. forces, declares the following facts to be within his knowledge: Andrew J. Butler, the brother of the commanding general, bought from Mr. Zunts, a planter below the city, his sugar crop as it stood in the field for the sum of $25,000 and informed this witness that he had gotten back his money in the first twelve days of grinding the cane; that he, Butler, took off the crop; that the plantation yielded a crop of about 1,200 hogsheads of sugar; that Butler said he had bought and was taking off the crops from several other plantations. Witness also saw the agent of the commercial house of Brown, Johnstone & Co.; the name of the agent is Tucker, and he was accompanied by 120 white laborers. The said Tucker was then on his way, as he informed witness, to take off the crops from the plantations of said Brown, Johnstone & Co., and Frank Webb, on joint account with the Yankees. This was done after the plantation of Mr. Webb had been stripped of everything, even to his wife’s wardrobe and jewels, and the negroes driven off. It was well understood in New Orleans that no planter was allowed to take off his crop for himself. If he did his sugar was seized by order of General Butler as fast as it reached New Orleans.

JAMES H. MULFORD.

Signed in my presence.

J. P. BENJAMIN, Secretary of State.

DECEMBER 23, 1862.

Henry Florance, a citizen of New Orleans, states that it is to his knowledge that all the slaves were taken away from the plantation of Mr. Zunts, a planter below New Orleans, who being thus left without means to gather his growing crop was applied to by Col. Andrew J. Butler, who offered to buy his crop as it stood for $25,000. The crop under ordinary circumstances is one of the largest in the State, worth perhaps five times that amount if taken off. The witness left New {p.793} Orleans before the season for grinding cane and has no knowledge how the crop was taken off, but it was sold as above to Colonel Butler. An arrangement was also made, as witness was informed by Clement Story, who is a sugar planter below New Orleans, to take off his crop on joint account with some of the U. S. officers in New Orleans. It was a well understood fact in New Orleans that no planter could obtain permission to gather his crop unless he would agree to share it with Colonel Butler or some of the Yankee officers.

HENRY FLORANCE.

Signed in my presence.

J. P. BENJAMIN, Secretary of State.

DECEMBER 23, 1862.

Adam Giffin, a citizen of New Orleans, states that he knows Mr. Zunts, a sugar planter, who lives below New Orleans; that many of the negroes having been abducted from said plantation said Zunts informed witness that Andrew J. Butler, the brother of General Butler, had made him a proposition to buy his crop as it stood in the field; that Zunts being without any means of gathering his crop was forced to accept the offer, and that a bargain was made that Butler should restore the negroes to the plantation, or at least an equal number; that the crop should be taken off under the supervision of Zunts for account of Butler, and that the plantation should be restored to Zunts in the spring in full and complete order with all the slaves, and Zunts received in payment for his crop $25,000. Zunts told witness he had cane enough to make 700 hogsheads of sugar. A hogshead of sugar made by the process used on the plantation of Zunts is worth over $100, in addition to which is the molasses. It was well understood in New Orleans that no planter could take off his crop without some arrangement being made for the profit of the Yankee officials.

ADAM GIFFIN.

Signed in my presence.

J. P. BENJAMIN, Secretary of State.

DECEMBER 26, 1862.

Dr. Euclid Borland says he is the owner of a plantation on the Mississippi River below New Orleans; that he was on a visit to the plantation of Mr. Zunts when he was introduced to a person by the name of Weed, and was informed by Zunts that he had made a bargain with Colonel Butler and Weed and another person connected with the quartermaster’s or commissary department of General Butler’s army. Witness cannot recollect the name of this last-mentioned person, although it was stated to him. The bargain was that the slaves which had left the plantation were to be brought back and that the crop of Zunts was to be made for account of Colonel Butler and his associates who had paid $25,000 for it; that the purchasers were to pay the overseer’s wages and pay for some hogsheads that Zunts had bought, and were to pay for all expenses of taking off the crop, except such supplies as were then on time plantation. The purchasers agreed to bring back the negroes by aid of U. S. soldiers, and witness learned that a portion of the slaves were brought back to the place under a guard of soldiers. Zunts suggested to witness to make a similar bargain, as {p.794} many of the slaves of witness had left his plantation, and witness then had a conversation with Weed who stated that he was trying to make bargains with numbers of the planters below the city; that he would not make with others the same bargain as he had made with Zunts; that he could not undertake to restore to each planter the identical slaves that he had lost but that he would furnish a number sufficient to take off the crop and share the proceeds with the owner; that if a sufficient number of planters would make this agreement he would station guards above and below the plantations so as to prevent any escape of the negroes. The witness told Weed that his mind was made up to hold on to his own property unless it was taken from him by force; that he would not share his property with the enemies of his country, but that if the Federal authority thought proper to place guards of soldiers to keep the negroes in order witness was willing to pay his share of the expense of so doing. During the conversation Weed said that the negroes would be forced to come down and work the plantations by guards of U. S. soldiers in all cases where the bargain was made with him. When Zunts’ negroes were returned to his plantation under guard, as he understood, there were some negroes of Mr. Baylie, a neighboring planter, mixed with them. Baylie’s negroes escaped from Zunts’ plantation and went back to their owner. Witness was present in the office of Mr. Judson, a broker in New Orleans, when the written contract between Zunts and Colonel Butler was read in presence of witness. The contract had been drawn up by Isaac E. Morse, esq., as attorney for Zunts, and witness heard the contract read and remembers it well. Witness understood that the Saint Anne and the Concession Plantations, in the parish of Plaquemine, were to be worked in the manner above mentioned, in partnership with Weed and his associates, and that a portion of the negroes had been carried back to the Concession place. Weed was in treaty with Mr. E. Lawrence for the same purpose with respect to his plantation, but witness does not know whether Lawrence accepted the offer. Zunts told witness that he, Zunts, had been formerly in partnership with Colonel Butler as negro traders.

EUCLID BORLAND.

Signed in my presence. The erasures* were made on a second reading of the statement, witness requiring the modifications to be made as more accurate.

J. P. BENJAMIN, Secretary of State.

DECEMBER 26, 1862.

* In the original on file.

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EXECUTIVE DEPARTMENT, Raleigh, December 24, 1862.

His Excellency JEFFERSON DAVIS.

DEAR SIR: In accordance with the request of the General Assembly of this State I have the honor to send you herewith by the hands of A. C. Cowles, esq., a joint resolution of that body in relation to the seizure of one R. J. Graves, a citizen of North Carolina, and his transportation beyond the limits of the State. An answer to the demand therein contained at your earliest convenience will oblige,

Most respectfully, your obedient servant,

Z. B. VANCE.

{p.795}

[Inclosure.]

Whereas, the General Assembly of North Carolina is informed that one R. J. Graves, a citizen of the county of Orange, hath been seized at his residence in said county by a person professing to be a police officer from Richmond, in Virginia, and hath been transported to and is now detained as a prisoner in the said city of Richmond; and whereas the said Graves nor any other citizen of this State is liable thus to be seized and transported beyond the limits thereof without the order and approbation of the proper authority of this State, but on the contrary he and they are not liable to arrest except only on the warrant of a proper judicial officer; and if crime be imputed they are by the express provisions of the Confederate and the State constitutions amenable only to the civil tribunals and have a right to a hearing and trial before the courts of the Confederacy or of the State, according to the nature of the offense with which they stand charged, such trial to be had in open court according to due course of law; and whereas it is the duty of the government of North Carolina to protect from unlawful violence as far as possible every one of her citizens and to insure to each a fair trial in a lawful court having jurisdiction of his case: Therefore,

Resolved, That His Excellency the Governor be requested immediately to demand of the authorities at Richmond by whose order the said R. J. Graves was seized and transported and is now detained that he be immediately returned to this State to the end that he may be delivered over to the civil authorities here either of this State or of the Confederate States for examination and if sufficient cause appear for commitment and trial, so that if innocent of the matter laid to his charge he may be acquitted, or if guilty be convicted and punished by due course of law.

R. S. DONNELL, Speaker of the House of Commons.

GILES MEBANE, Speaker of the Senate.

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GENERAL ORDERS, No. 111.}

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

I. The following proclamation of the President is published for the information and guidance of all concerned therein:

By THE PRESIDENT OF THE CONFEDERATE STATES.

A PROCLAMATION.

Whereas a communication was addressed on the 6th day of July last (1862) by General Robert E. Lee, acting under the instructions of the Secretary of War of the Confederate States of America, to General H. W. Halleck, General-in-Chief of the U. S. Army, informing the latter that a report had reached this Government that William B. Mumford, a citizen of the Confederate States, had been executed by the U. S. authorities at New Orleans for having pulled down the U. S. flag in that city before its occupation by the forces of the United States, and calling for a statement of the facts with a view to retaliation if such an outrage had really been committed under sanction of the authorities of the United States;

And whereas (no answer having been received to said letter) another letter was on the 2d August last (1862) addressed by General Lee under my instructions to General Halleck renewing the inquiry in relation to the said execution of said Mumford, with the information that in the event of not receiving a reply within fifteen days it would be assumed that the fact alleged was true and was sanctioned by the Government of the United States;

And whereas an answer, dated on the 7th August last (1862) was addressed to General Lee by General H. W. Halleck, the said General-in-Chief of the Armies of the United States, alleging sufficient cause for failure to make early reply to said {p.796} letter of 6th July, asserting that “no authentic information had been received in relation to the execution of Mumford, but measures will be immediately taken to ascertain the facts of the alleged execution,” and promising that General Lee should be duly informed thereof;

And whereas on the 29th November last (1862) another letter was addressed under my instructions by Robert Ould Confederate agent for the exchange of prisoners under the cartel between the two Governments, to Lieut. Col. W. H. Ludlow, agent of the United States under said cartel, informing him that the explanations promised in the said letter of General Halleck of 7th August last had not yet been received, and that if no answer was sent to the Government within fifteen days from the delivery of this last communication it would be considered that an answer is declined:

And whereas by letter dated on the 3d day of the present month of December the said Lieutenant-Colonel Ludlow apprised the said Robert Ould that the above-recited communication of 29th of November had been received and forwarded to the Secretary of War of the United States;

And whereas this last delay of fifteen days allowed for answer has elapsed and no answer has been received;

And whereas in addition to the tacit admission resulting from the above refusal to answer I have received evidence fully establishing the truth of the fact that the said William B. Mumford, a citizen of this Confederacy, was actually and publicly executed in cold blood by hanging alter the occupation of the city of New Orleans by the forces under the command of General Benjamin F. Butler when said Mumford was an unresisting and non-combatant captive, and for no offense even alleged to have been committed by him subsequent to the date of the capture of the said city;

And whereas the silence of the Government of the United States and its maintaining of said Butler in high office under its authority for many months after his commission of an act that can be viewed in no other light than as a deliberate murder, as well as of numerous other outrages and atrocities hereafter to be mentioned, afford evidence only too conclusive that the said Government sanctions the conduct of said Butler and is determined that he shall remain unpunished for his crimes:

Now therefore I, Jefferson Davis, President of the Confederate States of America, and in their name do pronounce and declare the said Benjamin F. Butler to be a felon deserving of capital punishment. I do order that he be no longer considered or treated simply as a public enemy of the Confederate States of America but as an outlaw and common enemy of mankind, and that in the event of his capture the officer in command of the capturing force do cause him to be immediately executed by hanging; and I do further order that no commissioned officer of the United States taken captive shall be released on parole before exchange until the said Butler shall have met with due punishment for his crimes.

And whereas the hostilities waged against this Confederacy by the forces of the United States under the command of said Benjamin F. Butler have borne no resemblance to such warfare as is alone permissible by the rules of international law or the usages of civilization but have been characterized by repeated atrocities and outrages, among the large number of which the following may be cited as examples:

Peaceful and aged citizens, unresisting captives and non-combatants have been confined at hard labor with balls and chains attached to their limbs, and are still so held in dungeons and fortresses. Others have been subjected to a like degrading punishment for selling medicines to the sick soldiers of the Confederacy.

The soldiers of the United States have been invited and encouraged by general orders to insult and outrage the wives, the mothers and the sisters of our citizens.

Helpless women have been torn from their homes and subjected to solitary confinement, some in fortresses and prisons and one especially on an island of barren sand under a tropical sun; have been fed with loathsome rations that had been condemned as unfit for soldiers, and have been exposed to the vilest insults.

Prisoners of war who surrendered to the naval forces of the United States on agreement that they should be released on parole have been seized and kept in close confinement.

Repeated pretexts have been sought or invented for plundering the inhabitants of the captured city by fines levied and exacted under threat of imprisoning recusants at hard labor with ball and chain.

The entire population of the city of New Orleans have been forced to elect between starvation, by the confiscation of all their property, and taking an oath against conscience to bear allegiance to the invaders of their country.

Egress from the city has been refused to those whose fortitude withstood the test, even to lone and aged women and to helpless children; and after being ejected from their homes and robbed of their property they have been left to starve In the streets or subsist on charity.

The slaves have been driven from the plantations in the neighborhood of New Orleans till their owners would consent to share the crops with the commanding {p.797} general, his brother Andrew J. Butler, and other officers; and when such consent had been extorted the slaves have been restored to the plantations and there compelled to work under the bayonets of guards of U. S. soldiers.

Where this partnership was refused armed expeditions have been sent to the plantations to rob them of everything that was susceptible of removal, and even slaves too aged or infirm for work have in spite of their entreaties been forced from the homes provided by the owners and driven to wander helpless on the highway.

By a recent general order (No. 91) the entire property in that part of Louisiana lying west of the Mississippi River has been sequestrated for confiscation and officers have been assigned to duty with orders to “gather up and collect the personal property and turn over to the proper officers upon their receipts such of said property as may be required for the use of the U. S. Army; to collect together all the other personal property and bring the same to New Orleans and cause it to be sold at public auction to the highest bidders”-an order which if executed condemns to punishment by starvation at least a quarter of a million of human beings of all ages, sexes and conditions; and of which the execution although forbidden to military officers by the orders of President Lincoln is in accordance with the confiscation law of our enemies which he has directed to be enforced through the agency of civil officials. And finally the African slaves have not only been excited to insurrection by every license and encouragement but numbers of them have actually been armed for a servile war-a war in its nature far exceeding in horrors the most merciless atrocities of the savages.

And whereas the officers under the command of the said Butler have been in many instances active and zealous agents in the commission of these crimes, and no instance is known of the refusal of any one of them to participate in the outrages above narrated;

And whereas the President of the United States has by public and official declaration signified not only his approval of the effort to excite servile war within the Confederacy hut his intention to give aid and encouragement thereto if these independent States shall continue to refuse submission to a foreign power after the 1st day of January next, and has thus made known that all appeals to the laws of nations, the dictates of reason and the instincts of humanity would be addressed in vain to our enemies, and that they can be deterred from the commission of these crimes only by the terms of just retribution:

Now therefore I, Jefferson Davis, President of the Confederate States of America and acting by their authority, appealing to the Divine Judge in attestation that their conduct is not guided by the passion of revenge but that they reluctantly yield to the solemn duty of repressing by necessary severity crimes of which their citizens are the victims, do issue this my proclamation, and by virtue of my authority as Commander-in-Chief of the Armies of the Confederate States do order-

1. That all commissioned officers in the command of said Benjamin F. Butler be declared not entitled to be considered as soldiers engaged in honorable warfare but as robbers and criminals deserving death, and that they and each of them be whenever captured reserved for execution.

2. That the private soldiers and non-commissioned officers in the army of said Butler be considered as only the instruments used for the commission of the crimes perpetrated by his orders and not as free agents; that they therefore be treated when captured as prisoners of war with kindness and humanity and be sent home on the usual parole that they will in no manner aid or serve the United States in any capacity during the continuance of this war unless duly exchanged.

3. That all negro slaves captured in arms be at once delivered over to the executive authorities of the respective States to which they belong to be dealt with according to the laws of said States.

4. That the like orders be executed in all cases with respect to all commissioned officers of the United States when found serving in company with armed slaves in insurrection against the authorities of the different States of this Confederacy.

In testimony whereof I have signed these presents and caused the seal of the Confederate States of America to be affixed thereto at the city of Richmond on this 23d day of December, in the year of our Lord one thousand eight hundred and sixty-two.

[L. S.]

JEFF’N DAVIS.

By the President:

J. P. BENJAMIN, Secretary of State.

II. Officers of the Army are charged with the observance and enforcement of the foregoing orders of the President. Where the evidence is hot full or the case is for any reason of a doubtful character it will be referred through this office for the decision of the War Department.

By order:

S. COOPER, Adjutant and Inspector General.

{p.798}

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NEW MARKET, December 26, 1862.

General S. COOPER, Adjutant and Inspector General:

Please retain Major Withers, Tenth [West] Virginia (Federal) Regiment, until I can send you copies of orders recently issued by General Milroy.

W. E. JONES, Brigadier-General, Commanding.

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WAR DEPARTMENT, Richmond, December 27, 1862.

His Excellency Z. B. VANCE, Governor of North Carolina.

SIR: In the absence of the President now on a visit to the armies of the West and South your letter of the 24th instant communicating a preamble and resolution of the General Assembly of North Carolina relative to the seizure and transportation from the State of R. J. Graves, a citizen of Orange County, and making in conformity with the resolution a demand for the return of the said R. J. Graves to the State and his delivery to the authorities there for examination and if sufficient cause appear for commitment and trial, has been handed by A C. Cowles, esq., to me as Secretary of War for my action thereon. It will doubtless be matter of regret to you and the General Assembly of your State as it certainly is to me that the matter cannot receive the more satisfactory consideration and determination of the President, and as the subject shall on his return be promptly submitted to his revision it is not improbable that he may deem it worthy of further special communication from himself.

Still the imposing source of the application and the gravity of the subject demanding from its nature prompt action in my estimation impose on me the responsibility of exercising my imperfect judgment in rendering a decision. Some brief statement of the connection of the department with the detention of Mr. Graves and of the circumstances of his case will naturally and appropriately precede and explain both the action heretofore taken and the conclusion arrived at in his case.

Only some few days since was I informed as head of this Department of the detention of Mr. Graves in one of the military prisons of the city to which he had been consigned by the order of Brigadier-General Winder, military commandant of the district and acting provost-marshal of the city. When apprised of the fact I inquired briefly as to the ground of charge and was assured by General Winder that he was charged and held as a spy and that he did not consider it safe that he should be dismissed. I then directed that he should be examined by the commissioner. Mr. Sydney S. Baxter, a lawyer of high repute, charged with the duty of inquiring into the cases of prisoners in the military prison and of either discharging them or handing them over to their proper tribunals for trial. A day or two afterwards on the application of the Reverend Mr. Brown, of North Carolina, learning that the examination had not been had I reiterated the order, and being informed that the cause of delay had been the absence of a soldier and officer in the army who were wanted as witnesses I immediately directed that they should be ordered from the field here. Thus the matter stood to-day on the delivery of your letter.

On the fuller investigation immediately made of the circumstances of the arrest and of the grounds on which it was based I learn from General Winder that on the 6th of November last there appeared in the Richmond Enquirer a long letter written by the Rev. R. J. Graves proffered {p.799} as giving to our people just views of the purposes of our enemies. A number of the paper containing the letter will be submitted to you with this. Without pretending to judge the real intent or probable effect of this letter it is sufficient to say it seemed to many well calculated to cause distrust and discouragement among our people as to the result of the war and that the loyalty of the writer was greatly doubted.

Not very long after the publication of this article two letters addressed to the editor of the Enquirer elicited by the distrust which this letter had aroused as to the character and purposes of the writer were submitted by that editor to General Winder. Copies* of these two letters are transmitted herewith. One was from Capt. T. E. Upshaw, a gallant officer of the army, giving the intelligence derived from one of his soldiers, a returned prisoner vouched as entirely truthful, that this reverend gentleman (Mr. Graves) who had come down with the flag of truce to Harrison’s Landing while there was heard by him giving information to the enemy of all he knew “about our matters at Richmond and especially about the gun-boat Richmond,” in respect to which “so elaborate were the discussion and explanation that the drawings and plans of the Monitor were brought and shown to him.” Other particulars tending to strengthen suspicion and identify the Reverend Mr. Graves are given on which as you will have the letter it is needless to dwell.

In this connection it may be added that subsequently it has been ascertained that after his return from the North the Reverend Mr. Graves voluntarily stated to a leading clergyman of this city (Mr. Norwood) that finding difficulty interposed to his going North he had obtained his permit to proceed by affecting to give information which he believed would be of no avail to the enemy and had among other topics made statements respecting the gun-boat Richmond. This attitude, confessed by himself, of a minister of the gospel for an end of private advantage affecting to act the spy is certainly not calculated to diminish the suspicion of his conduct while it identifies him with the person charged by the soldier and confirms the general accuracy of his statement.

The other letter laid before General Winder signed “An old citizen,” but submitted by Mr. George B. Miles, appears to have been written by a zealous citizen of North Carolina fully acquainted with the origin and antecedents of the Reverend Mr. Graves and characterizes him as a Northern man, a Yankee undeserving of trust and more than doubtful loyalty having neither home nor people in North Carolina. On applying to General Winder for a passport at the time of his trip to Harrison’s Landing Mr. Graves had represented himself as a New Yorker desirous of returning to the North. Other oral suggestions General Winder informs me were made from various sources against this man, but the letters constituted the main grounds for his actions. He sent an officer under his command to North Carolina, had him arrested and brought to this city.

You will observe his information was that the reverend gentleman had acted the spy and might naturally be expected to continue the same line of conduct. He did not know him to be a North Carolinian, but believed him an alien enemy (being described as a Yankee without home in the State), and as such being charged with giving information to the enemy he considered him as a spy, to be arrested anywhere in the Confederacy and brought for examination and trial to the military district within Which his alleged offense had been committed. General Winder in the judgment of the Department acted with over-zeal in not {p.800} first fully satisfying himself that the party charged was not a citizen of North Carolina. As such while amenable to arrest on sufficient grounds as a spy or even as a traitor he could with no propriety or legality be removed from the State but should have been handed over to the appropriate authorities, military or civil, in that State to be dealt with according to the law. While doubt on the subject of the citizenship of this party may have been on the information possessed pardonable heretofore, now that the assurance of this citizenship is afforded by the deliberate act of the General Assembly of North Carolina, there can be neither pretense nor justification for not promptly admitting the error committed by his removal and rectifying it by his immediate return and delivery under Your Excellency’s demand. He will accordingly be cheerfully and at once placed at the disposition of Mr. Cowles or at his option sent under the escort of an officer to be delivered in Raleigh to such authority as you may direct. Should any proceedings be instituted against him requiring the presence of witnesses I need not add that all facilities will be afforded by the Department here to secure their due attendance.

While regretting the mistake committed in this case I find compensative satisfaction in evincing the sincere respect entertained by the Department for the rights of citizenship and sovereignty of the States, and avail myself of the opportunity to assure Your Excellency and through you the General Assembly of North Carolina that the Department so far from countenancing infringement on either regards it as its highest privilege as well as plainest duty by the utmost effort of its powers to preserve them both inviolate against all enemies.

I have the honor to be, with high consideration and esteem, most respectfully, your obedient servant,

JAMES A. SEDDON, Secretary of War.

* Not found.

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WAR DEPARTMENT, Richmond, December 27, 1862.

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

SIR: I have concluded to surrender the Rev. R. J. Graves to the authorities of the State of North Carolina. You will therefore hold the prisoner in readiness to be delivered to the agent of the Governor or to be sent to that State in charge of your officers as may be preferred by the agent.

Respectfully,

JAMES A. SEDDON, Secretary of War.

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INSPECTOR-GENERAL’S OFFICE, Murfreesborough, December 27, 1862.

Col. B. S. EWELL, Assistant Adjutant-General, Chattanooga.

COLONEL: In the absence of General Bragg who has gone to the front and the matter not admitting of delay I send you some Federal prisoners for your disposal, General Rosecrans having declined to receive them through his lines. The officer in charge, Captain Cunningham, is instructed to report the enlisted men to you and to convey the officers to Atlanta to be held as hostages until farther orders. Colonel Moore and his aide-de-camp, Lieutenant Dewald, having been {p.801} paroled and receipted for by General Rosecrans I respectfully ask that they be sent to Richmond to be forwarded through our lines.

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

W. K. BEARD, Inspector-General.

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BRITISH CONSULATE, Charleston, December 28, 1862.

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

SIR: It is now nearly a month since you were so good as to promise to procure from the War Department some information respecting the reasons which may have led to the imprisonment at Salisbury, N. C., of John Carfoot, a subject of Her Majesty. As this person is still so far as I know held in confinement I beg leave to again direct your attention to the matter in order that he may be either brought at once to trial or speedily released.

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

ROBERT BUNCH.

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WAR DEPARTMENT, Richmond, December 30, 1862.

Hon. R. R. COLLIER, Petersburg, Va.

SIR In the absence of the President your letter to him of the 23d instant has been referred to this Department for answer and you are respectfully informed that an additional person has been appointed to examine all prisoners and has instructions to discharge all those who are illegally detained.

Very respectfully, your obedient servant,

JAMES A. SEDDON, Secretary of War.

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WAR DEPARTMENT, Richmond, December 30, 1862.

BEVERLY R. WELLFORD, Jr., Esq.

SIR: You have been selected by this Department to proceed to Petersburg, Va., and Salisbury, N. C., for the purpose of making an examination of the entire body of prisoners who are detained in prison in either of those places under the military authority of the Confederate States and where the persons do not belong to the army of the Confederacy. You are authorized to call upon the provost-marshals and the officers having charge of the prisons in either of those places for the books and papers kept by them and for all the information they have respecting the cause of arrest and detention of any person held in confinement. You may examine any witnesses they have or can produce against them and may hear the statement of the prisoners themselves. You will make a record of all your proceedings under this commission and a report of your judgment in each particular case.

You are authorized to set at liberty all those against whom no well-grounded cause of suspicion exists of having violated any law or done any act hostile or injurious to the Confederate States. And as to those against whom suspicion is found properly to exist you will make a report of the facts and of your opinion and recommendation concerning them. You will notify the commanding officers of this commission and of the time you will commence your investigation and they will {p.802} be ordered to grant you every facility and to carry into effect all your recommendations.

Very respectfully, your obedient servant,

JAMES A. SEDDON, Secretary of War.

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WAR DEPARTMENT, Richmond, Va., December 31, 1862.

Lieut. Gen. J. C. PEMBERTON, General Commanding, &c.

SIR: I have the honor to acknowledge your letter of the 14th instant which has just reached me through the Adjutant-General. Your determination to retain the U. S. prisoners under your control until General Clark and the fourteen other officers held by General Butler contrary to good faith and the obligation of the cartel for the exchange of prisoners between the United States and the Confederate Government are returned is fully approved. The pretense on which General Clark and the other officers are withheld is wholly unjustifiable and untenable. In the first place the evidence which is offered of the alleged ground of action, being the mutilated fragment of the supposed proceedings of a court-martial, is too imperfect and unsatisfactory to be the basis of such action, but giving full credence to it and viewing it as conclusive it would still only show the action of an officer of the State of Louisiana and of a court-martial held under his authority upon a man subject to the militia service of the State.

Now, the Government of the United States has explicitly refused to recognize the applicability of the cartel to officers or soldiers merely in State service and it is consequently precluded from avoiding the obligation of that cartel by reference to the action of such State officers, but the most conclusive reason against their pretense is that the exchange of General Clark and his companions in confinement seems to have been actually arranged and on our part carried out by the delivery of the Federal officers agreed on. A grosser breach of faith than the retention of those officers and the refusal to deliver these for whom they were returned could not well be exhibited. You will therefore continue the course you have adopted until adequate redress is obtained.

With high consideration and esteem, very respectfully, your obedient servant,

JAMES A. SEDDON, Secretary of War.

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HEADQUARTERS WESTERN SUB-DISTRICT OF TEXAS, San Antonio, January 2, 1863.

Maj. A. G. DICKINSON, Assistant Adjutant-General, Houston, Tex.

SIR: I have the honor to report that the U. S. prisoners of war under the escort of Capt. F. V. D. Stucken’s company of cavalry, Taylor’s battalion, have taken up the line of march for Vicksburg via Shreveport, and would request that the necessary orders may be sent on to meet them.

I am, very respectfully, your obedient servant,

H. P. BEE, Brigadier-General, Provisional Army.

{p.803}

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DEER CREEK, January 2, 1863.

GENERAL COMMANDING, Grenada, Miss.

GENERAL: I have the honor to hand inclosed list* of prisoners, C. S. Army, left at Greenville, Miss., this county, by the steamer Minnehaha on the 31st ultimo. These prisoners were sick and were put off without any provision being made for their well-being and comfort. Without bedding, rations or medicines, these disabled soldiers are roughly thrown into a deserted hotel in a small village on the river, whose inhabitants may be numbered by the half dozen, beyond the reach of everything like material comfort. The citizens in the neighborhood have already given away all their surplus bedding, have no medicines and can barely supply the poor soldiers with enough to eat; and besides the recent raids and destruction of property along the river-bank will deter the people from sending that aid which they otherwise would.

These soldiers are a portion of the prisoners brought down for exchange and ordered back by the Federal commander at Vicksburg. Eight hundred and fifty remained on the boat and were to be carried to Memphis or Helena. I understand the Minnehaha put off a case of smallpox below Greenville. The obvious effect if not intent of this policy will be to scatter a violent plague throughout the whole country. Escaped prisoners report that Grant’s army from above and Banks’ army from below are ordered to co-operate in the attack upon Vicksburg. Whether this be true or not I cannot say.

I cannot close without calling the attention of the general commanding to the iniquity of the course thus pursued by the Yankees in attempting to scatter through this whole country and that too without warning the most violent epidemic disease known.

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

W. L. NUGENT, Lieutenant, &c.

[Indorsements.]

Respectfully referred to Doctor Moses for his consideration. I should like to see him to converse with him on the subject. Return this. I wish to reply and send it to General Pemberton.

W. W. LORING, Major-General.

I have ordered Doctor Moses to send a surgeon with medicines and comforts for the sick.

Respectfully forwarded.

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

* Omitted.

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OFFICE PROVOST-MARSHAL, Knoxville, Tenn., January 3, 1863.

Maj. H. L. CLAY, Assist ant Adjutant-General.

SIR: Below you will please find a list of free negroes confined in jail: Moses Sliger, Knoxville, confined by order of Brigadier-General Davis, commanding post, December 8, 1862; Jesse Malone, Campbell County, Tenn., committed December 5, 1862; Simon Malone, Campbell County, Tenn., committed December 5, 1862; Manuel Cox, Campbell County, Tenn., committed December 5, 1862.

{p.804}

The first-named negro was arrested by order of Brigadier-General Davis, commanding post, on account of a riot at his house. The other three, from Campbell County, Tenn., ran away to Powell’s Valley some time since and perhaps have been to Kentucky. They were captured by a scouting party from Big Creek Gap and sent to this place by Colonel Palmer, Fifty-eighth North Carolina Regiment.

I respectfully recommend that the first-named negro be turned over to Messrs. McGee & Co. What disposition shall be made of the others?

Respectfully,

JOHN E. TOOLE, Colonel and Provost-Marshal.

[Indorsement.]

Turn them all over to McGee & Co.

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

H. L. CLAY, Assistant Adjutant-General.

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HEADQUARTERS SECOND CORPS, Grenada, January 4, 1863.

Hon. G. G. VEST, Member of Congress.

SIR: General Price directs me to acknowledge the reception of your communication* of the 30th ultimo in relation to the murder of Col. Frisby H. McCullough by the Federal authorities in Northern Missouri, and to state in reply that the general is under the impression that Colonel McCullough obtained recruiting authority from him at Springfield last winter. He does not know whether Colonel McCullough organized troops under this authority or not. Your communication has been referred to Adjutant-General Hough, to whom all the books, &c., pertaining to the Missouri State Guard were delivered with the request that he will furnish to you a copy of the recruiting authority given to Colonel McCullough.

The general further directs me to say that he will cordially co-operate with you in any endeavor that you may make to prevent the murder of citizens and soldiers of Missouri.

I am, sir, &c.,

JAMES M. LOUGHBOROUGH.

* Not found.

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WAR DEPARTMENT, Richmond, January 6, 1863.

Hon. JOHN B. BALDWIN, Staunton, Va.

SIR: I have the honor to inclose to you a copy* of the report of S. S. Baxter, esq., who was charged with the investigation anew of the case of Samuel Simmons. It appears from this report and the accompanying certificates that Simmons was received at the C. S. Military Prison in this city on the evening of the 7th of September last, was transferred to the hospital on the 12th and died there on the 18th or 19th of the same month. The seeming loss of all trace of this unfortunate man while in the custody of the military authorities presented a case sufficiently startling to arouse the anxious attention of the Department. The illness of Mr. Simmons unhappily occurring so speedily after he was brought to Richmond issuing in his death in the brief space of six days doubtless prevented his case being the subject of examination {p.805} while fresh in the memory of those in whose custody he had been placed. Changes in the officers at the prisons, the large number of prisoners of war as well as others in confinement there and the clerical error in the name as explained by Mr. Baxter account for the difficulty which has existed in tracing him. While sparing no effort to guard the interests of the Confederacy in the life struggle in which we are engaged it is my earnest desire and purpose that the personal rights of the citizen shall be as jealousy observed as in time of peace so far as is consistent with the safety of the State.

Respectfully, yours,

JAMES A. SEDDON, Secretary of War.

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JASPER, TENN., January 6, 1863.

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

SIR: I take the liberty to inform you how I have been treated by the Federal forces for my opinions’ sake. On the 1st of last May eighty-three men belonging to General O. M. Mitchel’s division came from Bridgeport, Ala., and pillaged my store of every article of any worth, and on the 5th of June last General Negley sent ten soldiers (Federal) piloted by one of our tories and demanded $500 in cash and my person. The captain said he was directed by General Negley if I did not pay the $500 to take property to that amount. Not getting the cash they took $900 or $1,000 of property, some the relics of my deceased wife to her little son. They took me from a sick bed and made me march with troops trained without anything to eat except crackers and bacon; no tents to lie in or blankets to cover with, but was compelled to lie on the cold ground without any covering whatever. From our homes we were marched near Chattanooga, Tenn., and put in a filthy stable; from thence to Shelbyville, Tenn., and put in a slaughter-house, 140 feet deep without ventilation and a hospital abovehead with large cracks in the floor and nothing to eat but crackers and hot water which they termed coffee. General Negley issued an order prohibiting the ladies or citizens of Shelbyville from furnishing us with any article of diet whatever saying we were furnished with the same rations that the Federal soldiers were, which was false. From thence we were taken to the State Penitentiary and incarcerated with thieves, murderers and assassins and such men as do God and man’s laws at defiance set (for no crime save my love and devotion to my home and native South and her constitutional rights), where I remained near four months, while my little children were robbed of everything they had to eat and scared and insulted by a brutal soldiery, they having come twelve miles to do it. I never lived in their lines. General Negley sent his cavalry six miles from his road of travel to rob and arrest me. He killed one of our citizens by marching him while sick for no cause except his opinions’ sake, and other citizens of our county have been sent to Camp Chase, and are there now, if alive. Their names are William H. Ballard and Claiborn Gott. Neither of us was ever connected with politics or the army. I understand that General Negley was taken prisoner at Murfreesborough. If so, please give orders concerning his case.

With sentiments of high regard, I am, President, yours, devotedly,

WASHINGTON TURNER.

P. S.-For my veracity I refer you to Generals John B. Floyd and John B. Gordon; Col. P. Turney, First Tennessee Regiment; Dr. J. G. {p.806} Barksdale, Shelbyville, Tenn.; Revs. E. W. Sehon, Atlanta, Ga., and William T. Smithson, formerly of Washington, D. C.

W. T.

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WAR DEPARTMENT, Richmond, Va., January 8, 1863.

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

SIR: Instructions have been again addressed to Brigadier-General Winder to procure the testimony you have asked for in your letter of yesterday relative to John Carfoot, a prisoner lately confined at Salisbury, N. C. As soon as he makes his report of the cause of the arrest of Carfoot and the proof that was produced against him it will be communicated to you.

Very respectfully, your obedient servant,

JAMES A. SEDDON, Secretary of War.

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C. S. MILITARY PRISON, Richmond, January 8, 1863.

Hon. ROBERT OULD, Agent of Exchange.

SIR: Although you desired that no citizens be sent by flag of truce to-morrow yet General Winder wishes that exceptions be made in the cases of three men, viz: D. C. Bull, citizen of New York; William Bull, his son, and Wm. J. Peters, citizen of Delaware. Mr. John O. E. Sowers, citizen of Virginia, arrived yesterday on parole to obtain the release of Mr. Bull and his son. The Secretary of War is only willing that D. C. Bull be returned for Mr. Sowers.

William Bull is on parole for thirty days to obtain permission for the release of Charles Henry Smith, son of Col. Larkin Smith. The other, Wm. J. Peters, paroled for thirty days to effect exchange of any citizen of the Confederate States who may be confined in prison at the North.

I am, sir, your obedient servant,

THOS. P. TURNER, Captain, Commanding Prison.

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C. S. MILITARY PRISON, Richmond, January 8, 1863.

Captain MULFORD.

SIR: I send by Lieutenant Bossieux, C. S. Army, seven rolls of money belonging to the above-named* persons, late prisoners here. Owing to some haste and confusion at the time of the departure of the prisoners last Tuesday we unavoidably failed to remit to them all their dues. Please receipt to Lieutenant Bossieux for the same.

Respectfully,

THOS. P. TURNER, Captain, Commanding Prison.

* Omitted.

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HEADQUARTERS ARMY OF NORTHERN VIRGINIA, January 10, 1863.

Hon. JAMES A. SEDDON, Secretary of War.

SIR: In view of the atrocious orders issued by the Federal General Milroy with regard to citizens of the Valley District I would respectfully {p.807} recommend that prisoners from his command captured by our forces be not exchanged but that they be held as hostages for the protection of our people against the outrages which he is reported to be committing.

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

R. E. LEE, General.

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VICKSBURG, January 10, 1863.

Colonel WADDY:

Under date of 6th instant I was informed by Assistant Adjutant-General B. S. Ewell, from Chattanooga, that 3,500 Federal prisoners are on their way here. Instructions regarding them are asked for.

M. L. SMITH, Major-General.

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JACKSON, MISS., January 10, 1863.

General J. C. PEMBERTON:

Thirty-five hundred Federal prisoners are on their way here from Bragg’s army. What shall I do with them?

J. R. WADDY, Assistant Adjutant-General.

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SPECIAL ORDERS, No. 2.}

HEADQUARTERS FIRST DISTRICT, DEPT. OF MISS. AND EAST LA., Jackson, Miss., January 11, 1863.

...

II. The command of that portion of the district recently embraced within and now separated from the First Military District, as well as the city of Jackson, is hereby relinquished to Brigadier-General Adams, who has been appointed to the command.

III. The office of commissioner of exchanged and paroled prisoners is also turned over to Brigadier-General Adams.

By order of Brigadier-General Ruggles:

R. M. HOOE, Assistant Adjutant-General.

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Extract from President’s Message, January 12, 1863.

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

...

The public journals of the North have been received containing a proclamation dated on the first day of the present month signed by the President of the United States in which he orders and declares all slaves within ten States of the Confederacy to be free, except such as are found in certain districts now occupied in part by the armed forces of the enemy.

We may well leave it to the instincts of that common humanity which a beneficent Creator has implanted in the breasts of our fellowmen of all countries to pass judgment on a measure by which several millions of human beings of an inferior race, peaceful and contented {p.808} laborers in their sphere, are doomed to extermination, while at the same time they are encouraged to a general assassination of their masters by the insidious recommendation “to abstain from violence unless in necessary self-defense.” Our own detestation of those who have attempted the most execrable measure recorded in the history of guilty man is tempered by profound contempt for the impotent rage which it discloses. So far as regards the action of this Government on such criminals as may attempt its execution I confine myself to informing you that I shall unless in your wisdom you deem some other course more expedient deliver to the several State authorities all commissioned officers of the United States that may hereafter be captured by our forces in any of the States embraced in the proclamation that they may be dealt with in accordance with the laws of those States providing for the punishment of criminals engaged in exciting servile insurrection. The enlisted soldiers I shall continue to treat as unwilling instruments in the commission of these crimes and shall direct their discharge and return to their homes on the proper and usual parole.

...

JEFF’N DAVIS.

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HEADQUARTERS DEPARTMENT OF HENRICO, Richmond, January 12, 1863.

Hon. GEORGE MOORE, Her British Majesty’s Consul.

SIR: ... John Carfoot has been released. The charges against him are at Salisbury, N. C., and have been telegraphed for. They will be communicated to you upon their arrival.

Very respectfully, your obedient servant,

JOHN H. WINDER, Brigadier-General.

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VICKSBURG, January 13, 1863.

Colonel WADDY:

If prisoners arrive locate them in most convenient place for encampment, and employ the whole of Taylor’s brigade to guard them.

J. C. PEMBERTON, Lieutenant-General.

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HDQRS. C. S. FORCES ON SHENANDOAH MOUNTAIN, January 13, 1863.

Hon. JAMES A. SEDDON, Secretary of War.

SIR: In reply to a letter from Robert Ould, esq., agent of exchange, to H. B. Davidson, of date January 2, 1863, which was referred to me, I have the honor to transmit herewith proof of the authenticity of certain orders of Brig. Gen. R. H. Milroy, U. S. Army, which were forwarded by me to the President some weeks ago. In addition to the deposition of Job Parsons and myself I furnish you as cumulative evidence a copy of The Crisis, of date December 24, 1862, a newspaper published at Columbus, Ohio, in which the orders of Milroy are published as part of the history of the times. I have not seen Adam Harper, who is the subject of this published order, but two of his sons, one of whom is my scout, have stated to me that their father was compelled to pay the assessment of $285 to save his life. The whole amount {p.809} of money raised by these illegal assessments in the small county of Tucker as near as I can ascertain it is about $6,000. Were I to report every case of outrage of this character which has come to my knowledge it would astound all Christian people who read it. Permit me, sir, to express the opinion that we have an effectual remedy for these crimes by the adoption of an inexorable rule of retaliation. The oppressions of our people cannot be increased but I believe will be mitigated by the enforcement of the fullest measure of retaliation on these bloodthirsty savages.*

Respectfully, your obedient servant,

J. D. IMBODEN, Colonel, Commanding.

* For other correspondence, etc., relating to Milroy’s orders, see Series III.

[Inclosure No. 1.]

VIRGINIA, Augusta County, to wit:

This day Job Parsons (son of Abraham Parsons), a citizen of Tucker County, Va., personally appeared before the undersigned justice of the peace in and for the county aforesaid and being by me duly sworn deposes and says that on the 27th day of November, 1862, being at his father’s house on Cheat River, in Tucker County, eight miles above Saint George, the county seat of said county, a Federal lieutenant with five men came there and handed to deponent a paper of which Exhibit A hereto attached is a literal and exact copy. That at the same time and place a similar paper was handed to Abraham Parsons, deponent’s father, and on the same day similar notices were served on from thirty to forty citizens of Tucker County by the same authority. On the next day, November 28, 1862, deponent repaired to Saint George where he found a company of the One hundred and twenty-third Ohio Regiment stationed in the court-house under command of Capt. Horace Kellogg. As soon as deponent arrived Captain Kellogg in person handed him a paper of which Exhibit B, herewith filed, is an exact and literal copy. On reading this paper deponent remarked to Captain Kellogg that it was a very rigid and unreasonable order and he thought it very unjust to hold private citizens responsible for the acts of the military authorities, to which Captain Kellogg replied that he thought not, that the old man (General Milroy) was in earnest. Deponent further says that on the same day (November 28) he saw a similar order, exactly, served upon his father, Abraham Parsons, who was assessed with the sum of $340 and that fifteen or twenty other citizens received the same orders at the same time who were assessed with various sums. Deponent did not pay his assessment but made his escape from the county and came through the mountains to the camp of Col. John D. Imboden at Shenandoah Mountain and delivered to him the papers of which Exhibits A and B are true copies. And further saith not.

JOB PARSONS.

Subscribed and sworn to before me this 10th day of January, 1863.

WM. W. MONTGOMERY, Justice of the Peace.

[First indorsement.]

VIRGINIA, Augusta County Court, Clerk’s Office:

I, William A. Burnett, deputy clerk of said court, certify that on this the 12th of January, 1863, Col. John D. Imboden personally appeared before me in my office aforesaid, and being by me duly sworn deposes and says that he is personally acquainted with Job Parsons, whose deposition {p.810} is above taken, and that he knows the general reputation and character of said Job Parsons and does not hesitate to say that said Parsons is a man of excellent moral character and worthy of full credit as a truthful man and witness. Deponent further states that he forwarded to Richmond the originals of Exhibits A and B, which were furnished to him early in December last by said Parsons, and that he has no doubt of the genuineness of said orders nor of the fact that a large number of the loyal citizens of Tucker County have had similar orders served upon them by Captain Kellogg and that large sums of money have by this means been extorted from them. And further saith not.

JOHN D. IMBODEN.

[Second indorsement.]

I further certify that William W. Montgomery, whose name is signed to the foregoing deposition of Job Parsons, was at the date of said deposition and now is a justice of the peace in and for the county aforesaid. In testimony whereof I have hereunto set my hand and affixed the seal of my court the day and year above written.

WM. A. BURNETT, Deputy Clerk.

[Exhibit A.]

SAINT GEORGE, TUCKER COUNTY, VA., November 27, 1862.

Mr. JOB PARSONS: (Son of Abraham Parsons.)

You are hereby ordered to report in person or by your representative at my headquarters in Saint George Court-House on the 28th of November, 1862, to attend to business of vital importance to yourself, and in case of your failure to comply with the above order you must suffer the penalty.

By order of Brig. Gen. R. H. Milroy:

HORACE KELLOGG, Captain and Post Commandant.

[Exhibit B.]

SAINT GEORGE, TUCKER COUNTY, VA., November 28, 1862.

Mr. JOE PARSONS: (Son of Abraham Parsons.)

SIR: In consequence of certain robberies which have been perpetrated upon Union citizens of Tucker County, Va., by bands of guerrillas you are hereby assessed to the amount of $14.25 to make good their losses, and upon your failure to comply with the above assessment by paying the money over to me by the 1st day of December, 1862, the following order will be executed, viz:

If they fail to pay at the end of the time you have named their houses will be burned and themselves shot and their property all seized, and be sure that you carry out this threat rigidly and show them that you are not trilling or to be trifled with. You will inform the inhabitants for ten or fifteen miles around your camp on all the roads approaching the town upon which the enemy may approach that they must dash in and give you notice, and that upon failure of any one to do so their houses will be burned and the men shot.

By order of Brig. Gen. R. H. Milroy:

HORACE KELLOGG, Captain, Commanding Post.

{p.811}

[Inclosure No. 2.]

[Extract from The Crisis newspaper, December 24, 1862.]

ANOTHER MILROY ORDER.

The following letter comprising an order from General Milroy belongs to the history of the times:

SAINT GEORGE, TUCKER COUNTY, VA., November 28, 1862.

Mr. ADAM HARPER.

SIR: In consequence of certain robberies which have been committed on Union citizens of this county by bands of guerrillas you are hereby assessed to the amount of $285 to make good their losses. And upon your failure to comply with the above assessment by the 8th day of December the following order has been issued to me by Brig. Gen. R. H. Milroy:

“You are to burn their houses, seize all their property and shoot them. You will be sure that you strictly carry out this order.

“You will inform the inhabitants for ten or fifteen miles around your camp on all the roads approaching the town upon which the enemy may approach that they must dash in and give you notice, and that upon any one failing to do so you will burn their houses and shoot the men.”

By order of Brig. Gen. R. H. Milroy:

H. KELLOGG, Captain, Commanding Post.

The above Adam Harper the subject of this order is an old Dutchman over eighty-two years of age, a cripple and infirm, and can neither read nor write.

The above is a little ahead of anything that has yet met our eye. Because Adam Harper could neither read nor write, eighty-two years old and a cripple General Milroy to the disgrace of the nation orders a tax of $285 levied on him, and the whole country for ten or fifteen miles round is to be laid waste! “You are to burn their houses, seize all their property and shoot them. You will be sure that you strictly carry out this order.”

And what did those people do? Nothing! But a band of guerrillas is charged with robbing Union citizens. That is all. Can we be surprised to hear of fist fights in the councils of a Cabinet guilty of carrying on such a war? We are not surprised after the above that The Crisis was prohibited circulation through the mails in Western Virginia by military order if such conduct as this is the order of the day.

The bogus government at Wheeling of course comes into existence with a very excellent record of civil and modest pretensions.

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VICKSBURG, January 13, 1863.

Lieutenant-General PEMBERTON:

I have been informed by Major Fairbanks that General Bragg’s prisoners are all paroled.

N. G. WATTS, Major and Agent.

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GENERAL ORDERS, No. 5.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, January 13, 1863.

I. The following order is published for the information of all concerned:

EXCHANGE NOTICE, No. 4.]

RICHMOND, January 10, 1863.

The following officers and men have been duly exchanged and are hereby so declared:

1. All officers and men captured in Kentucky, Tennessee, Alabama, Mississippi, Georgia, Florida and South Carolina up to December 10, 1862.

{p.812}

2. All officers and men captured in Missouri, Kansas, New Mexico, Arizona, Arkansas and Louisiana up to January 1, 1863.

3. The two foregoing sections apply not only to officers and men of the Confederate service but also to persons captured in arms or hostile array against the United States whatever may have been the character of the military organization to which they were attached and whatever may have been the terms of the paroles given by them. If any are in Federal prisons they are to be immediately released and delivered to the Confederate authorities.

4. All persons who have been captured on the sea or sea coast of the Confederate or United States up to December 10, 1862. If any such are in Federal prisons they are to be immediately released and delivered to the Confederate authorities.

5. All Confederate officers and men who have been delivered at City Point up to January 6, 1863.

6. All Confederate officers and men who have been delivered at Vicksburg up to December 23, 1862, and including said date.

7. All paroled Confederate officers and men receipted for at Vicksburg up to December 23, 1862, and including said date.

8. All Confederate officers and men captured and paroled at Fredericksburg, Va., in December, 1862.

9. All Confederate officers and men captured and paroled at Goldsborough, N. C., in December, 1862.

10. Other miscellaneous and minor exchanges of which the appropriate officers will be duly informed.

RO. OULD, Agent of Exchange.

By order:

S. COOPER, Adjutant and Inspector General.

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WAR DEPARTMENT, Richmond, Va., January 14, 1863.

Lieut. Gen. J. C. PEMBERTON.

SIR: Yours of the 1st instant has been received. It is entirely irregular for the enemy to send either paroles or copies of them to Vicksburg. They ought not to be in any way regarded and I shall so instruct Major Watts. There is no guaranty that the paroles of the same parties will not be sent here to me again for double exchange. To prevent inextricable confusion and vast cheating it is absolutely necessary that there should be but one place of exchange, and but one official to make and declare the exchange. The War Department accordingly has made such an order. There is only one exception to this rule and that is where the commanders of two opposing armies exchange and deliver prisoners captured from each other.

I have already specifically instructed Major Watts that he cannot make any exchange at all.

You will perceive in a moment that if any person other than myself were permitted to make exchanges parties might and probably would be exchanged more than once. The exchange of prisoners is only consummated when after conference with the Federal commissioner and after the giving and receiving of equivalents a publication of exchange is made. The proper course in the case put by you would be for the Federal officer who made the captures to transmit to his Government the paroles given by our men. The United States Government would then deliver those paroles (or a list of them) to their commissioner of exchange who in his turn would present them to me as the evidence of capture. It would then be my duty to give an equivalent for them and to declare them exchanged.

If this plan is not strictly pursued untold difficulties will surround the matter and every avenue of fraud will be opened. How otherwise can we prevent the enemy from claiming that our men shall be {p.813} exchanged over and over again? Under this plan as I record every man who is exchanged I can soon see if they are playing false.

You will perceive by my published notice and general order issued under it that all officers and men of our army captured in your department before December 10, 1862, are fully exchanged.

If at any time you wish any special exchange made sooner than would likely be the case in the ordinary routine notify me by letter or telegraph and I will see that it is done. I most heartily congratulate you on your brilliant and successful defense of Vicksburg. I perceive that all Yankeedom is howling, and I am happy to know that “your praise is in all our cities.”

Yours, very truly,

RO. OULD, Agent of Exchange.

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HEADQUARTERS MORGAN’S DIVISION, McMinnville, January 15, 1863.

Col. G. W. BRENT, Asst. Adjt. Gen. and Chief of Staff, Army of Tennessee.

SIR: I forward you for the consideration of the general commanding the inclosed communication* from Captain Thruston, additional aide-de-camp to Major-General Rosecrans, to Lieut. F. Brady, an officer of my command now in confinement within the Federal lines, and beg leave to make the following statements in regard to the matter:

1. On the morning of the 10th instant two ladies came to my headquarters at Smithville and stated that they had received information that a brother of one of the ladies was lying mortally wounded at Murfreesborough. They desired to gain access to him as speedily as possible. In order to effect this it was decided to send them under a flag of truce to the Federal lines and an order was issued to Captain Quirk, commanding a company stationed at Liberty, to furnish them with a suitable escort. This escort is now held in confinement by Major-General Rosecrans.

2. The road pursued by the escort was the public turnpike road between Liberty and Murfreesborough.

3. I was not aware of the agreement entered into between General Bragg and Major-General Rosecrans, spoken of in Captain Thruston’s communication, and we have never been informed either officially or privately of any such agreement.

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

JNO. H. MORGAN, Brigadier-General.

* Omitted here; see p. 170.

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C. S. MILITARY PRISON, Richmond, Va., January 16, 1863.

Brig. Gen. JOHN H. WINDER, Commanding, &c.

GENERAL: Having occupied the Mayo Factory as a prison I necessarily require an additional number of men for guard duty. The least number I can do with in addition to what has heretofore been furnished me is 1 commissioned officer, 3 non-commissioned officers and 32 privates. These I would wish to report regularly at this (the Libby) prison at 9 o’clock a.m.

I am, sir, your obedient servant,

TH. P. TURNER, Captain, Commanding.

{p.814}

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SPECIAL ORDERS, No. 12.}

HDQRS. DEPARTMENT OF HENRICO, Richmond, Va., January 16, 1863.

I. It appearing from the report of the board of officers appointed to inquire into the cause of the escape of certain prisoners from the military prison in the western district in this city that it was caused by the negligence of the officer of the guard at that post, the general commanding the department takes this occasion to remind the officers in charge of the military prisons in this city of the great responsibility of their position and to warn them that too much vigilance on their part cannot be observed. They having complete control of the guards at their respective posts will be held responsible for their discipline, and for the further maintenance of the same the following order is issued:

At the respective military prisons in this city there will be detailed daily an officer of the guard who must be a commissioned officer. He will serve his regular tour of twenty-four hours and will not be allowed to absent himself from his post during that time under any consideration whatever except in case of sickness, and then only when regularly relieved by another officer.

II. The officers in charge of the military prisons in this city will furnish a morning report to these headquarters.

By order of Brig. Gen. John H. Winder, commanding department:

J. W. PEGRAM, Assistant Adjutant-General.

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C. S. MILITARY PRISON HOSPITAL, Richmond, January 18, 1863.

General JOHN H. WINDER.

DEAR SIR: Allow me to bring to your notice the fact that there is an assistant surgeon belonging to the U. S. Army here in prison, and I am informed that surgeons and assistant surgeons are not considered as prisoners of war by either party. I hope he may be allowed to accompany the wounded that go by the first flag of truce; in case there should be no further exchange of prisoners that he be sent across the lines according to his request as soon as possible. His name is George F. Mish, Fifteenth Pennsylvania Cavalry. There are two wounded lieutenants here wounded in such a way that they will never be fit to enter service again, one having (as he says) been exchanged, taken prisoner on the 8th of June last; his thigh is amputated high up. The other has his right arm amputated at the shoulder joint.

There are other officers here who from the nature of their wounds may be able to enter service again, for which reason I did not think of asking for their exchange. I ask that these two lieutenants be exchanged for the reason that they have been treated in a ward in which the hospital gangrene has made its appearance. There are many reasons for asking particularly for their exchange and I address you this letter at your own suggestion. Judge Ould seems to have misunderstood me in speaking of them as officers though his clerk so understood me. Had the flag of truce gone this morning the ward in which the gangrene is would have been empty of wounded except one captain.

From the number here, if they are not exchanged, I cannot empty this ward. I therefore ask that there may be some place temporarily assigned in which these men may be placed until this ward is thoroughly cleaned and ventilated. This need not be for a longer time than a {p.815} week when I think they may be safely brought back, in case the place in which they are removed is wanted.

A. W. THOMSON, Surgeon in Charge.

[Indorsement.]

Captain TURNER.

SIR: You will call the attention of Surgeon Thomson to the fact that all communications must be sent through the proper channel. You will call his attention to the Army Regulations on the subject of correspondence. Also the orders of the Adjutant-General upon the same subject.

By order of Brigadier-General Winder:

W. S. WINDER, Assistant Adjutant-General.

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HDQRS. PAROLED AND EXCHANGED PRISONERS, Jackson, Miss., January 19, 1863.

Lieut. Col. J. R. WADDY, Assistant Adjutant-General, Jackson, Miss.

COLONEL: In answer to your inquiry to what date the paroled prisoners have been undoubtedly exchanged I have the honor to state that there is no record in this office specifying any general exchange except proclamation marked A, issued by Brig. Gen. John Gregg, declaring the prisoners brought by Federal transports under flag of truce and delivered to Maj. N. G. Watts, agent paroled and exchanged prisoners, at Vicksburg. The Federal prisoners coming by railroads from enemy’s lines reporting themselves in person at these headquarters are sent to camp and their names forwarded to Major Watts, agent for paroled and exchanged prisoners, for exchange, and when that is accomplished I am notified, and they are forwarded in squads under proper officers to their commands; but lately under instructions from the lieutenant-general commanding this department and in accordance with telegram from Robert Ould to Major Fairbanks, marked B, all the prisoners paroled previous to the 10th December have been forwarded to their respective commands, and the assistant adjutant-general of the corps to which each squad was ordered is notified by a letter with muster-roll attached of officers, non-commissioned officers and privates.

Inclosed you will also find copy of dispatch marked C, to Robert Ould, and when answer is received the matter will be I hope definitely settled.

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

JOHN ADAMS, Brigadier-General, Provisional Army, C. S., Commanding.

[Inclosure A.]

HEADQUARTERS EXCHANGED PRISONERS, Jackson, Miss., November 23, 1862.

By authority from the War Department I hereby proclaim that an exchange has been completed of all prisoners (Confederate officers and men) delivered at Vicksburg up to this date. I also make proclamation that those delivered at Vicksburg from this time forth are exchanged upon delivery.

JOHN GREGG, Brigadier-General, Provisional Army, C. S.

{p.816}

[Inclosure B.]

RICHMOND, January 11, 1863.

Maj. G. R. FAIRBANKS:

If the 900 men were captured before December 10 they have been already exchanged. If they were captured since I hereby declare them to be exchanged. Let me know, however, by telegraph where they were captured. Do not register them at Vicksburg. The Yankees will present the paroles.

RO OULD, Agent of Exchange.

[Inclosure C.]

HDQRS. PAROLED AND EXCHANGED PRISONERS, Jackson, Miss., January 18, 1863.

ROBERT OULD, Agent for Exchange of Prisoners, Richmond, Va.:

Maj. G. R. Fairbanks has communicated to me your telegram of the 11th instant declaring men captured before 10th December already exchanged. Does this refer to all men captured before 10th December or only to 900 referred to by Fairbanks?

JOHN ADAMS, Brigadier-General.

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WAR DEPARTMENT, Richmond, January 20, 1863.

Brig. Gen. JOHN H. WINDER, Commanding Richmond, Va., &c.

GENERAL: You are instructed to dispose of the following-named prisoners as hereinafter specified: (1) John Roche, parole to work as a coal miner under direction of Captain Warner on such wages as he shall prescribe; (2) Patrick Kelly, administer oath to observe all State and Confederate laws and parole to work in city of Richmond; (3) Elbert Flynn, (4) John Murphy, (5) Edward Vickell, (6) John Ward, administer oath of allegiance and parole to work under direction of Captain Warner; (7) Roger Byron, administer oath of allegiance and allow him to enlist in some South Carolina regiment; (8) Amos Hemmings, (9) Frederick Cullen, (10) James McLaughton, (11) Francis T. Treanor, (12) Peter Blair, (13) Aaron Ankrum, (14) William H. Maguire, (15) Thomas Hankls, (16) Felix Willett, (17) John Green, (18) John Miller, administer oath of allegiance and parole to work under direction of Capt. G. W. Alexander, assistant provost-marshal, city of Richmond; (19) Chauncey Ward, administer oath of allegiance and as he prefers let him enlist in some regiment or parole him to go to work; (20) Charles Willis, send him to Captain Pegram, C. S. Navy, and if he gives him a good character administer the oath of allegiance and let him enlist in the Navy; (21) John Newton, employ him on wages at his trade about the prisons until the officers can form some idea of his character; (22) August Sheran, (23) James Smith, send North by first flag-of-truce boat; (24) McNeil-if Colonel Ould thinks this man is entitled as a sutler to be sent home on parole send him North, if not, retain as a hostage for our citizen prisoners; (25) J. F. May, (26) E. McWee, (27) E. Whitney, (28) P. McChesney, (29) William Conner, (30) D. C. Georgia, (31) Caleb May, (32) Thomas Ward, (33) James Cail, (34) John Elliott, retain as hostages for our citizens held as prisoners by the enemy; (35) Hiram Hale, (36) - Hale (his son), administer oath of allegiance and give them transportation home; (37) Jacob {p.817} Thrasher, (38) George Thrasher, administer oath of allegiance, give transportation to Staunton and commutation of rations to their home;. (39) Annie D. Brown, (40 and 41) her two mulatto nieces; (42 and 43) their two children and (44) Brown (her son), (45 and 46) William Edwards and his daughter, release on parole to work in city of Richmond under direction of Capt. G. W. Alexander, assistant provost-marshal; (47) Lewis H. Call, send to enrolling officer as a conscript; if incapable of military service employ him as a teamster under some C. S. officer; (48) Joseph Kennan, parole to work in the interior of the country under direction of some C. S. officer; (49) Robert B. Wright, send to some hospital or send home; (50) J. H. Trout, retain as a prisoner until demanded by the authorities of Virginia; (51) C. B. Humwell, order Lieutenant-Colonel Critcher, Fifteenth Virginia Cavalry to send names of witnesses and retain this man for trial; (52) Charles H. Marsh, treat as prisoner of war; (53) George W. Steele, (54) John Buntain, (55) David Bowers, retain as prisoners; (56) James Gilmer, retain as prisoner until the length of confinement renders any information he might communicate valueless to the enemy, when he may be exchanged for some citizen prisoner; (57) Pat. Leonard, parole not to bear arms against Confederate States and return to Baltimore by first flag of truce; (58) George Miller, retain as prisoner suspected of being a spy until the length of confinement renders any information he might communicate valueless to the enemy, when if no evidence in the meantime shall be furnished he may be exchanged for a citizen; (59) Wilson Gleason, (60) Thomas Gallan, (61) John Whitehead, (62) Bernard Harkell, (63) Thomas W. B. Phillips, (64) Edward Lent, (65) George B. Heath, (66) John Berden, (67) Edward Farrell, (68) Theodore McCary, (69) Edward Welsh, (70) C. Fuher, (71) Charles Christopher Callum, (72) Hiram Scovell, (73) Solomon Howe, (74) Richard T. Sinton-these are deserters from the enemy and may be treated as prisoners of war and paroled under the cartel if they desire it. If any of them do not and will not take the oath of allegiance and give their parole to work, administer the oath, exact the parole and assign them to some C. S. officer who can make them useful, with due caution to observe their deportment; all such as do not work to return under the cartel and [such as] will not take the oath and give the parole you will for the present retain as prisoners. (75) William B. Taylor, (76) Jacob R. Taylor, send the first of these brothers to the hospital for medical treatment and employ the other as an attendant about the hospital on wages if his health will permit As soon as the circumstances of their home will render it prudent administer the oath of allegiance and send them home. (77) James Clarke, parole him to go to work under direction of the provost-marshal of Richmond City.

Very respectfully, &c.,

J. A. CAMPBELL, Assistant Secretary of War.

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SALISBURY, January 20, 1863.

Brig. Gen. J. H. WINDER, Richmond, Va.:

Ship to come through with second lot of prisoners 150 large-size tents, it will be necessary owing to the peculiar position of prison inclosure and buildings to have at least two or three more companies for guard duty.

H. MCCOY.

{p.818}

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SALISBURY, January 20, 1863.

General J. H. WINDER, Richmond, Va.:

Dispatch received concerning prisoners. Will try and have everything in readiness. Can two independent companies be sent for guard duty?

Ship by express 2,000 tin cups and plates and any bedding you can spare for prisoners.

HENRY MCCOY, Captain, Commanding Prison.

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HEADQUARTERS C. S. MILITARY PRISON, Salisbury, January 20, 1863.

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

SIR: Your telegram concerning prisoners of war was received late last night. I will as near as possible try and have everything in readiness for their reception.

The buildings will not possibly hold more than from 1,200 to 1,500 consequently it will be necessary to put the balance in tents. I telegraphed you to-day to send me with the second lot of prisoners 150 large-size army tents, likewise 2,000 tin cups and plates with if possible bedding for the prisoners as we have none of the above-named articles here.

Owing to the peculiar location of the buildings in the prison grounds, they being very much scattered, it will be necessary for the safety of the prisoners to have my force increased at least two or three companies. I hope you will be able to send them with the prisoners.

Very respectfully, your obedient servant,

HENRY MCCOY, Captain and Assistant Quartermaster, Commanding.

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CHARLESTON JAIL, January 20, 1863.

General G. T. BEAUREGARD.

SIR: One week ago last Friday I in connection with S. T. Riddell, C. Rowell and O. F. French were captured by a detachment of cavalry under command of Captain Dickison near Saint Augustine, Fla. We had been out by invitation to see them grind cane and were returning when we were captured. We were taken to Captain Dickison’s camp, near the Saint John’s River, and from thence to General Finegan at Lake City, where we were paroled and sent to this place in charge of Captain Mays, who has our paroles. On our arrival here we were lodged in jail where we now are. I would state further that there are two other prisoners with us who belong at Key West, Fla., and also two others who claim to be deserters. They have all been paroled.

Permit me now, general, to call your attention to the following facts:

First, we have no clothing except what we have on, and, second, our means for providing ourselves with these articles are very limited; consequently we would most respectfully ask that we may be sent North as soon as possible.

Very respectfully, your obedient servant,

VIRGIL H. CATE, First Lieutenant Company C, Seventh Regt. New Hampshire Vols.

{p.819}

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HDQRS. DEPT. OF S. CAROLINA, GEORGIA AND FLORIDA, Charleston, S. C., January 21, 1863.

Lieut. VIRGIL H. CATE, Seventh Regt. N. H. Vols., U. S. Army, Charleston Jail.

SIR: Your communication of the 20th instant has been considered and I am instructed to inform you that some or all of you prisoners of war will be either sent to Richmond or Port Royal as soon as practicable. As for yourself, a commissioned officer, you are not subject to exchange and will probably be turned over to the local authorities of the State of Florida for trial under the statutes made and provided in that State for the punishment of persons engaged in exciting negro slaves to insurrection. It is needless for me to inform you that this course is a necessary consequence of the proclamation of the President of the United States by which the Army and Navy of the United States were instructed to aid negroes against their masters. Should you wish to secure clothing and money I will forward any open communication on the subject to the commanding general at Port Royal by flag of truce.

Respectfully, your obedient servant,

THOMAS JORDAN, Brigadier-General and Chief of Staff.

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C. S. MILITARY PRISON, Richmond, January 21, 1863.

Capt. W. S. WINDER, Assistant Adjutant-General.

SIR: In reference to the list of men sent me yesterday containing the names of twenty-nine prisoners taken in the Valley to be held as hostages I have to say that they were all paroled and sent home via City Point on Monday last except the first on the list, viz, Lieutenant Dawson, of Company K, First [West] Virginia Cavalry, who still remains in the prison.

I am, sir, your obedient servant,

T. P. TURNER, Captain, Commanding.

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PONCHATOULA, January 22, 1863.

Lieut. Col. J. R. WADDY, Assistant Adjutant-General, Jackson, Miss.:

I inclose herewith letter addressed to Confederate Army officers by Colonel Clark, U. S. Army, which was left at Madisonville yesterday and forwarded to this place this morning. None of the citizens mentioned have arrived at this place.

Very respectfully, your obedient servant,

THOMAS SHIELDS, Lieutenant-Colonel and Acting Assistant Inspector-General.

[Inclosure.]

MADISONVILLE, January 21, 1863.

ANY OFFICER OF CONFEDERATE ARMY:

Under flag of truce and in absence of any officer to confer with I have taken the liberty to land some 250 citizens, mostly women and children. They have been left at their own request and without restraint. I commend them to your kindness.

Respectfully, your obedient servant,

JOHN S. CLARK, Colonel and Aide-de-Camp to Maj. Gen. N. P. Banks.

{p.820}

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WAR DEPARTMENT, Richmond, January 23, 1863.

Col. G. W. LEE, Atlanta, Ga.:

Hon. H. C. Burnett, of the Senate, desires reply to his letter concerning correspondence with H. C. Payne, a prisoner in your custody. The Department requests you to answer his letter.

J. A. SEDDON, Secretary of War.

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VICKSBURG, January 23, 1863.

Lieutenant-General PEMBERTON:

Major Watts applies for a boat to go up with flag of truce and exchange the prisoners now in jail here. What reply shall I make?

M. L. SMITH, Major-General.

[Indorsement.]

VICKSBURG, January 23, 1863.

Reply that I am ordered by Secretary of War not to exchange any prisoners until General Clark and the thirteen chiefest others at New Orleans are given up.

J. C. PEMBERTON, Lieutenant-General, &c.

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HEADQUARTERS DEPARTMENT OF HENRICO, January 23, 1863.

Captain TURNER.

CAPTAIN: Please furnish me the name of the Yankee officer who was sent here by Colonel Imboden from the northwest and with reference to whom an order was issued that he should be retained. This order will still be insisted upon and you will see that it is enforced.

Very respectfully,

JNO. H. WINDER, Brigadier-General.

P. S.-He will probably be called for in a few days.

–––

JACKSON, MISS., January 23, 1863.

Maj. Gen. M. L. SMITH, Commanding, Vicksburg:

Orders from Secretary of War not to exchange any prisoners until General Clark and the thirteen “chiefest” others at New Orleans are given up.

J. R. WADDY, Assistant Adjutant-General.

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C. S. MILITARY PRISON, Richmond, January 23, 1863.

Capt. W. S. WINDER, Assistant Adjutant-General.

SIR: I wish to report a matter which I should have mentioned before but for a press of other business. With the batch of prisoners sent off by flag of truce on the 11th instant a sutler named Marcus McNeil, from New York, went oft under the name of Turner, a prisoner of war, the latter remaining in his (McN.’s) place. I did not discover it until the prisoners had left and then it was made known by a deserter who {p.821} moreover stated that McNeil had paid Turner a sum of money for so doing. Upon searching Turner the sum of $196 was found upon his person and he acknowledged that it had been paid to him for the purchase stated above. Will you please inform me what disposition shall be made of the money?

I am, sir, your obedient servant,

THOMAS P. TURNER, Captain, Commanding.

P. S.-The money is in bullion bank notes and is said to be spurious.

T. P. T.

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C. S. MILITARY PRISON, Richmond, January 24, 1863.

Capt. W. S. WINDER, Assistant Adjutant-General.

SIR: In answer to the inquiry made yesterday as to the name of the Yankee officer sent here by Colonel Imboden from the northwest, &c., I have to say that his name is A. Dawson, lieutenant, Company K, First Regiment [West] Virginia [Cavalry] (Peirpoint Volunteers), captured at Moorefield, Va., January 3, 1863.

I am, sir, your obedient servant,

TH. P. TURNER, Captain, Commanding.

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HDQRS. RICHARDSON’S PARTISAN RANGERS, C. S. ARMY, January 2d, 1863.

Whereas Col. J. K. Mizner, commanding U. S. forces at Brownsville, Tenn., has issued a proclamation addressed to James Whitelaw, H. W. Colter, James Bond, Dr. E. A. Taylor, Wiley Mann, Robert Wilson, Dr. E. Davis, Charles F. Read, T. P. Livingston, R. Y. Longley, George T. Taylor, F. Maclin, Dr. J. S. Peete, C. P. Taliaferro and all indefinitely alleging that the persons and property of many Union citizens having been threatened by guerrillas and persons claiming allegiance to or sympathy with the so-called Confederate States, and notifying all persons in Haywood and Tipton Counties that in case of molestation of the person or property of all loyal citizens living within the military district of Jackson, Tenn., the above-mentioned persons to be held responsible in person and property for all acts of violence; that in case of the arrest of any loyal citizen double the number will be arrested and held as hostages and twice the amount of property taken or injured will be levied from citizens therein named: Now therefore in reply to this paper bullet fired across the Hatchie River by the brave Colonel Mizner at unoffending non-combatants be it known that for each man named and every other good and loyal citizen of the Confederate States living in Haywood and Tipton Counties, Tenn., who may be arrested under the aforesaid proclamation I will have shot twice the number of Yankee soldiers taken in battle or on duty, and for each dollar’s worth of property taken under said proclamation I will take or destroy twice the amount from the United States, their soldiers and Union men. It may be as well to proclaim hereby also that for every house burned by the U. S. soldiers I will shoot five U. S. soldiers on duty or taken in battle. The impudence of the aforesaid brave’s proclamation consists in the fact that while he, his officers and men are stealing from all Southern men horses and mules, negroes and chickens and arresting unoffending men, women and children he threatens to {p.822} do these things if “loyal citizens” as he calls them are molested in person and property. From such men and infamous Government to which they render such disgraceful service Southern men have nothing to hope except what their arms can secure.

To all soldiers in the Army of the United States who have become tired of a war waged to free negroes and enslave white men I extend an invitation to lay down their arms and seek my command for protection; all such shall be treated as friends and brothers.

R. V. RICHARDSON, Col., Comdg. First Tennessee Regt. of Partisan Rangers, C. S. Army.

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WAR DEPARTMENT, Richmond, January 27, 1863.

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

GENERAL: You will dispose of the prisoners below named as follows: (1) Joseph Stiles, to be returned as a prisoner. If a case cannot be made out against him as a spy he will be valuable as a hostage for our citizens held as prisoners. (2) John Flagg, to be held as a hostage for citizens; (3) Jim Allen, to be paroled under cartel, if he is entitled to it, but if not to be held as hostage for citizens; (4) Stanley Lees, to be held as a hostage for citizens; (5) Solomon Fisher, to be discharged and furnished transportation to his home; (6) Henry Mallard, to be paroled as a British subject to work but not to go into any region of our country which may have been or which may hereafter be the theater of hostilities; (7) George William White, to be sent to provost-marshal at Staunton with instructions to parole him to remain in Augusta County and administer oath to demean himself as a good citizen; (8) S. Dickinson, to be discharged and furnished transportation to Christiansburg, Va.; (9) Aaron Bennett, to be sent to Staunton, and instruct provost-marshal to administer oath of allegiance and parole him to remain in such part of Augusta or adjacent counties where he may reside without injury to our cause; (10) Thomas Raleigh, to be discharged as a British subject on parole of good conduct; (11) George Miller, to be held as a hostage for our citizens.

Very respectfully, your obedient servant,

J. A. CAMPBELL, Assistant Secretary of War.

–––

JACKSON, January 27, 1863.

General PEMBERTON:

I have obtained from city authorities use of part of bridge remaining standing. By to-morrow afternoon I will be ready for 500 prisoners. It is perfectly safe and secure; can be guarded by few men. For more prisoners I will have to construct a high wall to pitch tents; no buildings to be obtained. Shall wall be made?

JOHN ADAMS, Brigadier-General.

–––

C. S. MILITARY PRISON, Richmond, January 28, 1863.

Capt. W. S. WINDER, Assistant Adjutant-General.

SIR: In reference to the accident which occurred yesterday morning when the prisoners were being sent off I wish to report the following: The prisoners were started from this prison at 4 o’clock a.m. and were {p.823} marched by the nearest and usual route to the Petersburg depot. The train was waiting to receive them but had backed nearer to the foot bridge that spans the canal than is usually the case, in consequence of which the prisoners had to be halted before they were all over which left a portion on the bridge and on this side. Before those in front could be gotten on board the bridge gave way and about sixty or seventy were thrown into the canal. All were rescued except two whose names I inclose.* This is clearly proven from the fact that at City Point the roll was called and the prisoners counted in the presence of the Abolition officer in charge of the Yankee boats and only two were missing. The rolls sent down called for 794 and I have the Federal officer’s receipt for 792.

Proper persons were engaged all day yesterday in dragging for the bodies supposed to be drowned. Two were discovered as mentioned above. The coroner took charge of them. None of the guard who accompanied the prisoners were drowned.

I am, sir, your obedient servant,

T. P. TURNER, Captain, Commanding.

* Not found.

–––

BRITISH CONSULATE, Charleston, January 30, 1863.

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

SIR: I beg leave to call your attention for the third time to the imprisonment of John Carfoot, a British subject, in the political prison at Salisbury, N. C. It is now nearly two months since I first addressed myself to you respecting this matter. As yet no information has been furnished to me, although there is no reason why the particulars of the arrest should not have been conveyed to me in fifteen days after my first application. In again urging your attention to this case I feel it my duty to suggest to you the grave responsibility which will undoubtedly attach to those who have confined a subject of the Queen for upward of nine months without affording him an opportunity of proving his innocence, if indeed any charges have been preferred against him.

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

ROBERT BUNCH, Her Majesty’s Consul.

–––

CHARLESTON JAIL, February 2, 1863.

General G. T. BEAUREGARD, Commanding Department.

SIR: I respectfully represent to you that I, as the late commander of the gun-boat Isaac Smith, with my brother officers have been confined as prisoners in the common jail. We are here upon the same footing with criminals, subject to even stricter rules, as we are not allowed what is called “the liberty of the yard” and provided with the same quarters and food. Under these circumstances, so humiliating to officers of our rank and position, I most respectfully but earnestly ask if we cannot be paroled, as has heretofore been the custom, as soon as the necessities of your service will permit.

Very respectfully, your obedient servant,

F. S. CONOVER, Acting Lieutenant-Commander, U. S. Navy.

{p.824}

–––

HDQRS. DEPT. OF S. CAROLINA, GEORGIA AND FLORIDA, Charleston, S. C., February 2, 1863.

Lieut. F. S. CONOVER, U. S. Navy, Charleston. (Through Colonel Gaillard.)

SIR: In reply to your note of this date I am instructed to inform you that you cannot be paroled and for these reasons: The Army and Navy of the United States under the late proclamation of your President are instructed to assist slaves in servile war against their lawful masters, which is not only a high crime under the local laws of the State in whose waters you were captured but is contemned by all people as a means or appliance of war wholly illegitimate between civilized nations. It is purposed that the officers of a service thus found employed shall be held amenable to the laws made and provided in South Carolina for the punishment of those who incite our slaves to rebellion against their masters.

You and your associates will, however, be permitted all possible liberty compatible with your secure confinement, to which end instructions have been given to the provost-marshal. The usual ration allowed to prisoners of war has been directed to be furnished you in strict accordance with the regulations of the United States; that is “one ration without regard to rank” for each officer or man, and such a ration as is issued to our men. You and your associates, however, will be allowed to make any additions to your table at your own expense without restrictions.

Respectfully, your obedient servant,

T. JORDAN, Brigadier-General and Chief of Staff.

–––

CHARLESTON, S. C., February 3, 1863.

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

Shall I send prisoners of war (sailors) captured in Stono to Salisbury, N. C., or Richmond, holding officers?

G. T. BEAUREGARD.

–––

RICHMOND, February 3, 1863.

General BEAUREGARD, Charleston, S. C.:

Send the prisoners to Richmond, retaining the officers

S. COOPER, Adjutant and Inspector General.

–––

CHARLESTON JAIL, February 4, 1863.

General G. T. BEAUREGARD, Commanding Department.

SIR: I have the honor to acknowledge the receipt of your communication of the 2d instant and although no reply to it may be thought necessary I cannot permit myself to pass over part of its contents in silence. I do not understand that the proclamation of President Lincoln instructs as you say officers of the Army and Navy to assist slaves in servile war against their masters and cannot conceive that it is so understood by the officers of my Government. On the contrary I am happy to believe that an idea so repugnant to the laws of humanity finds no place in their minds. This I say, sir, only in justice to myself {p.825} and those who for years have been my associates. The chief object of this letter, however, is to ask if my brother officers and myself can be permitted to communicate with our families.

Very respectfully, your obedient servant,

F. S. CONOVER, Acting Lieutenant, U. S. Navy.

–––

SPECIAL ORDERS, No. 32.}

HDQRS. DEPT. OF S. C., GA. AND FLA., Charleston, February 4, 1863.

I. All prisoners of war in this city (except officers and negroes) of the land and naval service of the United States will be sent forthwith and turned over to Brigadier-General Winder at Richmond, Va.

...

III. All officers of the land and naval service of the United States at present prisoners in the custody of the provost-marshal near these headquarters will be sent for further confinement to Columbia, S. C., until further orders.

...

By command of General Beauregard:

JNO. M. OTEY, Assistant Adjutant-General.

–––

WAR DEPARTMENT, Richmond, February 5, 1863.

Brigadier-General WINDER, Hon. R. OULD:

Your letter of the 20th ultimo relative to the intercourse between citizens of the United States and Confederate States by the boat coming to City Point under flag of truce has been received. The intercourse should be regulated on terms of equality and reciprocity. If the Federal Government adhere to the rule that none shall pass to the United States except with the permission of the Secretary of War the requisition should be made that none should be permitted to land here without a previous permission from the War Department. No permission of the Secretary of War of the United States should be respected the application for which was not made through the commissioner of exchange (Mr. Ould). The Department does not perceive any necessity of placing those who are permitted to land nor those who shall make application to depart from the Confederate States under a special surveillance. None of the latter class are allowed to leave at this time without affording satisfactory references to their good character. That precaution will be continued. The Department is quite willing to place the subject in the hands of the commissioners of exchange of prisoners, and that they may determine who shall be allowed to go and return on either side. It does not desire to impose restrictions or embarrassments in the way of such intercourse as it is willing to allow at all The adoption of any rules by the United States Government may require the adoption of corresponding rules on the part of this Government, but the Department would prefer rules which would not subject persons on either side to inconvenience, expense or delay.

Very respectfully, your obedient servant,

J. A. SEDDON, Secretary of War.

{p.826}

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WAR DEPARTMENT, Richmond, Va., February 6, 1863.

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

Inclosed you will find a report from General Winder of all the information that can be extracted from him on the subject of John Carfoot. A letter has been written to Mr. Wellford, at Salisbury, to make further inquiry on the subject.

For Secretary of War.

Very respectfully, your obedient servant,

J. A. CAMPBELL, Assistant Secretary of War.

[Inclosure.]

HEADQUARTERS DEPARTMENT OF HENRICO, Richmond, February 5, 1863.

Hon. JAMES A. SEDDON, Secretary of War.

DEAR SIR: In reply to yours of 4th instant relative to John Carfoot I have the honor to report that the said John Carfoot was arrested near New Berne, N. C., by Captain Boothe in April, 1862, and sent to Salisbury, N. C., by General Ransom. The inclosed letter, a copy of one addressed to the Adjutant-Genera] and the original of which is on file in the Adjutant-General’s Office, will explain the nature of the charges against him. He was discharged on the 3d day of January, 1863, and I am informed he is now at work in Salisbury, N. C., having taken the oath of allegiance to the Confederate States. I also inclose an extract* from a letter to the British consul notifying him of Carfoot’s release. I am under the impression the former inquiry came through the Adjutant-General’s Department and hence the reference was addressed to that office.

I am, respectfully, your obedient servant,

JOHN H. WINDER, Brigadier-General.

* See p. 808.

[Sub-inclosure.]

HEADQUARTERS DEPARTMENT OF HENRICO, Richmond, January 14, 1863.

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

GENERAL: I have the honor to transmit the following information concerning John Carfoot: He was arrested near New Berne, N. C., in the month of April, 1862, by Captain Boothe and sent to Salisbury by General Ransom. He was supposed at the time to have come to the above-named place in company with General Burnside There are no papers on file.

Very respectfully, your obedient servant,

JNO. H. WINDER, Brigadier-General.

–––

WAR DEPARTMENT, Richmond, Va., February 7, 1863.

General J. C. PEMBERTON, Jackson, Miss.:

Use your own discretion about the deserters. Parole and discharge if you think best.

JAMES A. SEDDON, Secretary of War.

{p.827}

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WAR DEPARTMENT, Richmond, February 7, 1863.

R. T. CLARKE, Esq., Conrad’s Store, Va.

SIR: You are informed in reply to your letter of the 2d instant that General Orders, No. 64, paragraph V, announces 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. The Department therefore is not authorized to exempt you on the grounds stated.

Respectfully,

JAMES A. SEDDON, Secretary of War.

–––

HDQRS. DEPT. SOUTH CAROLINA, GEORGIA AND FLORIDA, Charleston, S. C., February 7, 1863.

Lieut. F. S. CONOVER, U. S. Navy. (Through Col. John S. Preston, commanding, &c., Columbia.)

SIR: Your letter of the 4th instant has just been received and I am instructed to say that of course you and your brother officers will be permitted to communicate in writing with your families to whom any letters will be forwarded with all possible dispatch. In connection with the cause of your present situation I have only to say that were the language of President Lincoln’s proclamation of doubtful import the meaning would be made clear by the fact that there are now at Hilton Head or that vicinity negro troops, fugitive slaves who have recently been employed in armed expedition against the people of Georgia and South Carolina.

Respectfully, your obedient servant,

T. J[ORDAN,] Chief of Staff.

–––

AUSTIN, TEX., February 8, 1863.

General J. B. MAGRUDER, Galveston.

SIR: General Pelham, a most worthy citizen of this vicinity, was in New Mexico at the beginning of the present war, and when General Sibley reached that country with his brigade and found it untenable General Pelham shouldered his gun to fight for Southern independence, and on his way down from Santa Fé with arms in his hands was taken prisoner and paroled, but inasmuch as he had not joined the service formally and had his name placed upon the muster-roll the enemy deny him the benefits of a prisoner of war and claim him to be a political prisoner and as such refuse to exchange him. He feels the injustice done him in this regard by the enemy and is exceedingly anxious to be exchanged, so that he may be in a condition to aid in the defense of our country against the Abolitionists, and particularly to be enabled to defend his family without violating his parole. General W. R. Scurry is referred to for full particulars in regard to General Pelham. Now if you can consistently with your duties aid in disenthralling a brave, true and valuable citizen by procuring his exchange the people of Texas will consider it not only as an act of justice but another evidence of your devotion to her cause. Not having a personal acquaintance with you that would justify this appeal induces me to address you over my official signature.

{p.828}

Hoping you will find it compatible with your public duties and sense of justice to use your best efforts in behalf of General Pelham,

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

C. W. BURNLEY, Speaker of the House of Representatives, Ninth Legislature.

–––

HDQRS. DEPT. SOUTH CAROLINA, GEORGIA AND FLORIDA, Charleston, S. C., February 8, 1863.

Col. JOHN S. PRESTON, Commanding, &c., Columbia.

COLONEL: Assistant Surgeon Marvin, U. S. Navy, should not have been sent to Columbia but to Richmond, whither you will send him in charge of some officers when convenient; that is, without detailing an officer for that special service. Of course it will not do to let him run at large, though it is desired that he shall have as much liberty as practicable. He will be delivered to General Winder at Richmond.

Respectfully, your obedient servant,

T. J[ORDAN,] Chief of Staff.

–––

EXECUTIVE DEPARTMENT, Richmond, February 9, 1863.

Honorable SECRETARY OF WAR.

SIR: I am directed by the President to forward for your attention and the proper action the following copy of a resolution of the House of Representatives of the 5th instant:

Resolved, That the President be requested to communicate to this House a list of all civilians now in custody under authority of the War Department, giving as to each his name, residence and occupation, with the date of his arrest, the offense charged against him and the place of his imprisonment.

Your obedient servant,

BURTON N. HARRISON, Private Secretary.

–––

C. S. MILITARY PRISON, Salisbury, N. C., February 9, 1863.

B. R. WELLFORD, Esq., C. S. Commissioner

SIR: Although I understand that your visit to this place is made only for the purpose of investigating the cases of parties confined here for political offenses and therefore myself and the eleven officers lately attached to U. S. steamer Columbia who are held as prisoners of war are not directly included among its objects I take leave to submit to you a brief statement of our case and to request that you will do me the favor of bringing to the notice of the proper authorities at Richmond the exceptional circumstances under which we became rather than were made prisoners.

The Columbia, at that time one of the blockading squadron In the vicinity of New Inlet, N. C., while running in in the evening of the 14th ultimo with the intent to anchor for the night in obedience to orders, some three miles from shore and when by the soundings she should have been at that distance and the order had been given to bring ship to anchor found herself (owing to an error of the leadsman {p.829} in calling the depth of water) close in with breakers, and before her engines could be reversed she struck on the reef off Masonborough Inlet where all efforts to get her off by lightening her of her guns and coal proving fruitless she became a total wreck. At midnight the foremast was cut away to prevent her canting broadside to the surf, in which case all on board would probably have perished. On the afternoon of the 15th the U. S. steamer Penobscot hove in sight and toward 4 p.m. two of her boats succeeded in approaching near enough to catch a small line thrown from the end of the bowsprit. By means of a strong rope attached to this thirty of our crew were dropped overboard and hauled some hundred and fifty yards through the surf to the boats, all but two reaching them alive. An end was put to this effort to rescue us by the coming on of the night which brought a heavy gale from southwest that raised a violent sun, causing the vessel to strike with fearful force and exposing us momentarily through the long hours of the night to be swept from the quarter-deck where all hands were crowded for greater safety, drenched by the seas that broke over them and the rain which fell in torrents and toward morning half frozen by the bitter cold which followed a sudden shift of the gale northwest.

While in this helpless and perishing condition, with no vessel in sight and our only chance for life being apparently an escape to the shore, a fire was opened upon the wreck from two batteries a short distance back of the beach several of whose shells passed just over the vessel, on which I ordered the white flag to be hoisted at the peak in token of our surrender (not having a gun to reply with) and the ensign to be set union down in the rigging as a signal of distress. Soon after this the southernmost battery ceased its fire, but the other kept it up nearly two hours longer not seeing as I was afterwards told our white flag. Between 9 and 10 a.m. (16th) two U. S. steamers made their appearance in the offing, and the firing on the wreck from the northern battery being still kept up I dispatched to the commander of the nearest a boat that narrowly escaped being swamped by the surf with a note requesting him to send in his boats and endeavor to take us off. To our astonishment, however, instead of doing this after his communication with the other vessel both of them commenced replying to the batteries at long range. Upon seeing this I at once (although the wind was at the time blowing a violent gale offshore) lowered my last boat and ordered an officer to pull in for any practicable point with a flag of truce and inform the commander of the post of our defenseless condition and surrender when the battery ceased firing on us.

On the return of the boat I went on shore myself at the request of Colonel Lamb but surrendered to Colonel Wilson, of one of the Georgia regiments, who informed me that he was the senior officer on the station.

It was not till the following morning (17th) that the ship’s company could be got on shore when we were taken to Wilmington and ordered thence to Richmond the same night by General Whiting.

On reaching Goldsborough, however, the twenty-eight seamen only who accompanied us pursued the route to Richmond, myself and officers being sent on to this place by order as I have since been told of General Smith.

Never having seen the proclamation of President Davis issued on the 12th ultimo I am not competent to speak with confidence of its tenor or bearing on our case; but if I have been correctly informed that it is directed in express terms only against officers of the Army of the United States who shall be found in arms on the soil of any of the Confederate States endeavoring to foment a servile insurrection I {p.830} would respectfully inquire whether naval officers not being referred to in it can under the strict construction to which all such documents are subject be fairly held to come within its scope, and whether in view of this alone the officers (myself and fellow prisoners) might not non obstante the proclamation be granted a release on parole?

But without presuming to decide a question in regard to which my information is limited permit me to urge as a far stronger argument in favor of our being paroled the peculiar nature of the circumstances which led to our becoming prisoners-defenseless, shipwrecked mariners barely escaping with life to the shore which for eighteen hours it was doubtful whether we should survive to reach. Our situation is one which has ever been recognized by civilized nations as establishing a claim upon the hospitality of even their enemies which I shall not readily believe the Confederate Government will be the first to deny, and I cannot suffer myself to doubt that on the facts of our case being fairly in its possession it will have no hesitation in according to us the parole we request.

I subjoin the names* and rank of the officers who are my companions in captivity, and have the honor, sir, to remain,

Very respectfully, your obedient servant,

JAS. P. COUTHOUY, Lieut., U. S. Navy, late Comdg. U. S. Steamer Columbia.

[First indorsement.]

FEBRUARY 26, 1863.

Respectfully referred to the President.

The fact that this party came into our possession by shipwreck and that he asserts ignorance of the President’s proclamation commends his case to favorable consideration.

J. A. SEDDON, Secretary of War.

[Second indorsement.]

SECRETARY OF WAR:

For the reasons set forth let the exception be made.

JEFF’N DAVIS.

[Third indorsement.]

Referred to Brigadier-General Winder to carry into effect the order of the President hereon.

By order of Secretary of War:

J. A. CAMPBELL, Assistant Secretary of War.

[Fourth indorsement.]

HEADQUARTERS DEPARTMENT OF HENRICO, March 23, 1863.

Respectfully returned to the Secretary of War with the remark that these men have been ordered to Richmond and the President’s order will be carried into effect upon their arrival in the city.

JNO. H. WINDER, Brigadier-General.

* Omitted.

–––

HEADQUARTERS DEPARTMENT OF HENRICO, Richmond, February 10, 1863.

Capt. T. P. TURNER, Commanding C. S. Prison.

SIR: Some boxes of clothing will be sent to you to-day for the prisoners of war now in your custody. You will please send to these headquarters {p.831} a list of clothing and what disposition has been made of them. You will be held responsible for it after you have received them.

By order of General Winder:

W. S. WINDER, Assistant Adjutant-General.

–––

ALLEYTON, [TEX.,] February 10, 1863.

Maj. Gen. J. BANKHEAD MAGRUDER.

DEAR SIR: The political prisoners that were arrested by detachments from the Arizona Brigade I have turned over to the civil authorities in the counties in which they resided according to your orders. I am sorry to inform you that the arrests were made with much cruelty and violence to women and children and to the prisoners arrested. Affidavits have been made to be forwarded you, and I will thoroughly investigate the matter, and if true I will have the men arrested and punished and the officers who commanded the detachments arrested and held subject to your order. I have assured the citizens you will punish severely any injury inflicted on their rights, persons or property. I learn some are disposed to doubt my authority to act as your adjutant-general as they say they have never seen it published that I was authorized to act for you. Would it not be well to publish in the newspapers that I must be respected and obeyed as one of your adjutant-generals? My only desire is to carry out your views in enforcing subordination, a proper regard for the civil law and the rights and privileges of our citizens. The officers of the Arizona Brigade do not enforce proper order, and until under the immediate command of a strict disciplinarian will not be efficient but will always make trouble. Colonel Hardeman is yet very sick, unable to leave his bed. Colonel Madison is in command. I hope you will pardon the liberty I have taken in addressing you personally as I believed it best to do so in this case. I will keep you regularly informed of all matters and transactions that take place in this country through the proper channel. All opposition to the General or State government has apparently subsided. I will prepare a history of the evidences that made it necessary to declare martial law for transmission to Richmond and send it to you for your approval.

With sentiments of esteem and respect, I am, very truly, your obedient servant,

HENRY L. WEBB.

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OFFICE PROVOST-MARSHAL, Greeneville, February 10, 1863.

Col. JOHN E. TOOLE, Provost-Marshal.

SIR: Some arrangement should be made at once for taking possession of and preserving all property subject to confiscation in this department. Men are continually leaving for Kentucky who always leave their property in the hands of some friend who disposes of it, thus defrauding the Government or rather the citizens of such property. A few days since one of the enrolling officers reported to me some property left in his district by Doctor Taylor, the notorious Lincolnite, which he said some women with whom Taylor had been living were removing. I told him to take possession of it, which he did of all to be found. A fine case of surgical instruments had been removed, also some other property. Shall he retain this property as I have ordered? If retained to whom shall I send it or report it? Another enrolling officer reports a cow or two belonging to the notorious Fry which I told him to hold {p.832} subject to orders from the authorities. Stockbridge left some property, mostly books, which his wife has been selling. Stockbridge having spent nearly all the property she had when he married her this may all be well enough. Shall I interfere? I would be glad to have some instructions on this point.

I am, sir, your humble servant,

JAS. H. ROBINSON, Assistant Deputy Provost-Marshal.

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HEADQUARTERS DEPARTMENT OF HENRICO, Richmond, February 13, 1863.

Gen. J. E. JOHNSTON, Commanding, &c.

GENERAL: At the request of Mr. Robert Ould, agent of exchange, the Secretary of War directs that the following prisoners be brought to this city:

All the Federal commissioned officers who were captured previous to the 10th of December, 1862.

All the citizens of the United States not in the Confederate States at the commencement of the war who have been captured or arrested and are now confined in the military prisons of the department.

All officers and men belonging to the home guards of Virginia, Tennessee and Kentucky.

If any of the above mentioned are within the limits of your command will you please have them sent to this city as soon as practicable.

I am, very respectfully, your obedient servant,

JOHN H. WINDER, Brigadier-General.

[Indorsement.]

Sent copies to General Bragg and Lieutenant-General Pemberton ordering them to execute.

J. E. J.

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C. S. MILITARY PRISON, Richmond, February 13, 1863.

Surg. JOHN WILKINS, In charge of C. S. Military Prison Hospital.

SIR: I send you to-day six boxes marked “Thos. T. May, Libby Prison Hospital, care Agent of Exchange, Fort Monroe.” The boxes contain articles of various kinds for the use of the Federal sick and wounded in your hospital. I am directed by General Winder to turn these boxes over to you with the request that you examine them, make an inventory of the articles they contain and distribute them as your judgment may suggest. Please acknowledge the receipt of this and when the inventory is made out send me a copy to be forwarded to headquarters.

I am, sir, your obedient servant,

TH. P. TURNER, Captain, Commanding.

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C. S. MILITARY PRISON HOSPITAL, Richmond, Va., February 13, 1863.

Capt. THOMAS P. TURNER, Commandant of Post.

SIR: I have the honor to acknowledge the receipt of your letter and six boxes marked “Thos. T. May, Libby Prison Hospital, care Agent {p.833} of Exchange, Fort Monroe.” In obedience to your instructions I have examined their contents and inclose you an inventory of same.

Very respectfully,

JOHN WILKINS, Surgeon in Charge.

[Inclosure.]

Inventory of six boxes marked “Thos. T. May, Libby Prison Hospital, care Agent of Exchange, Fort Monroe,” sent on by the Sanitary Committee of New York for the use of the sick and wounded in this hospital, received February 3, 1863:

Cotton shirts, 83; condensed milk, 20 cans; Ink bottles, 3; cotton drawers, 55 pairs; corn starch, farina, &c.; tapers, 30; lead pencils, 4; woolen shirts, 41; sponges, 9 pieces; chocolate cakes, 5; woolen drawers, 40 pairs; tin plates, 1 dozen; assorted pickles, 5 gallons; socks, 35 pairs; tin cups, 112 dozen; pickled peaches, 5 gallons; slippers, 42 pairs; writing paper, 2 reams; 1 lot of rags and 2 cloth coats; envelopes, 10 packages; 1 lot of assorted dried fruit; vests, 2; penholders, 2 dozen; towels, 9 dozen; steel pens, 4 dozen; assorted soap, 2 bags; combs, 3; cans soup, 1 dozen; scissors, 6 pair.

JOHN WILKINS, Surgeon in Charge.

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HDQRS. C. S. FORCES, N. E. ARKANSAS AND S. E. MISSOURI, Batesville, Ark., February 15, 1863.

Capt. A. D. BROWN, C. S. Army:

Capt. A. D. Brown, C. S. Army, is directed to proceed with his party under flag of truce and deliver official communications to Brigadier-Generals Brown and Davidson, U. S. Army, as addressed.

By command of Brigadier-General Marmaduke:

E. G. WILLIAMS, Assistant Adjutant-General.

[Indorsement.]

HEADQUARTERS, &C., February 16, 1863.

This party is armed with pistols and sabers for their protection against jayhawkers and bushwhackers.

J. S. MARMADUKE, Brigadier-General.

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C. S. MILITARY PRISON, Richmond, February 19, 1863.

Capt. G. W. ALEXANDER, Assistant Adjutant-General and Assistant Provost-Marshal.

SIR: In accordance with General Winder’s instructions I send you four boxes marked as follows: No. 1, Castle Thunder, 75 coats or jackets; No. 2, Castle Thunder, 75 pairs of boots; No. 3, Castle Thunder, 75 flannel shirts and 100 pairs socks; No. 4, Castle Thunder, 75 trousers or pants.

The general wishes that you will have the articles carefully counted and distributed as requested in Colonel Ludlow’s letter to Hon. Robert Ould, a copy* of which I send you, and in delivering the articles to the {p.834} prisoners make them receipt for each article and take duplicate copies of same.

You will please, captain, also receipt to me for the above-named boxes.

I am, sir, your obedient servant,

TH. P. TURNER, Captain, Commanding.

* Not found.

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SAN ANTONIO, February 19, 1863.

Major-General MAGRUDER, Comdg. Department of Texas, New Mexico and Arizona.

GENERAL: On the 19th of January, ultimo, I wrote you a note inclosing a parole pass requesting to be exchanged for some civil prisoner held by the Confederate States Government. My note was returned indorsed:

JANUARY 28, 1863.

The within is not a subject of exchange. This is only a pass.

By command of Major-General Magruder:

E. P. TURNER, Assistant Adjutant-General.

On the 2d February following I again wrote asking a reconsideration of the foregoing decision. My letter was returned indorsed:

FEBRUARY 12, 1863.

Were an exchange to be made that exchange would not release you from the oath you took unless the prisoner going North would consent to take a similar oath to the Confederate States Government, consequently the major-general commanding can only refer you to his original decision as final.

By order of Major-General Magruder:

STEPHEN D. YANCEY, Lieutenant and Acting Assistant Adjutant-General.

Since entering upon the foregoing correspondence I have been shown by Major Russell, of General Bee’s staff, an order from Richmond which directly and positively refuses to acknowledge such passes as that issued by General Butler in the light of paroles, said order especially stating that such parole passes will not exempt parties from military duty. In taking said pass I knew full well that it was contrary to all the usages of war, it being manifestly illegal and unprecedented to subject non-combatants to permanent military disability and without the privileges of exchange; but this not being the first departure from the rules of civilized warfare on the part of our enemy I had hoped that this like other departures from common usage might be rectified by reprisal and therefore availed myself of the pass to escape the Yankee lines, promising myself to use my best endeavors to effect an exchange. Having failed I now accept your original decision, general, as final, to wit, that I am not a subject of exchange and that my supposed parole is not a parole but only a pass. I therefore consider myself released from now henceforth. But I must beg to file an answer to the indorsement of the 12th February made upon my letter of the 2d February.

Neither my pass nor any letters hint in the most shadowy form that I have ever taken an oath in presence of any U. S. officer or in favor of the United States Government. Yet by some misconception it has been inferred in said indorsement that I have taken some kind of an oath while within the Yankee lines. This I now most clearly and emphatically deny. My pass was obtained strictly as a personal favor to myself through Mr. G. S. Denison, Federal collector of New Orleans, and before whom I had positively refused to take the oath of allegiance {p.835} to the United States. He saw General Butler and not I. I was asked no questions and subjected to no tests. The pass was drawn by General Butler’s adjutant. I signed my name to it. It was then handed me and so the matter ended. I did with a willing heart and free conscience take the oath of allegiance to the Confederate States of America in San Antonio months before going to Louisiana, and by that oath alone with the help of God I ever expect to abide.

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

THEODORE HEERMANN.

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HEADQUARTERS DEPARTMENT OF HENRICO, Richmond, Va., February 20, 1863.

General JOSEPH E. JOHNSTON, Commanding, &c., Tullahoma.

GENERAL: At the request of Mr. Robert Ould, agent of exchange, the Secretary of War directs that the following prisoners be brought to this city: All the Federal commissioned officers who were captured previous to the 12th of January, 1863.

Very respectfully, your obedient servant,

JNO. H. WINDER, Brigadier-General.

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CIRCULAR.]

HEADQUARTERS HINDMAN’S DIVISION, Little Rock, February 22, 1863.

It has frequently happened that officers and men of this command captured and paroled by the enemy have remained a considerable time without exchange either with their companies or else at home rendering no service. Brigade commanders are directed to forward reports promptly setting forth the name, company, regiment and rank of every such paroled prisoner, when and where captured and whether in hospital or not when taken, so that they may be exchanged and returned to duty without delay. Regimental and company commanders must be required to make similar reports from time to time.

By command of Major-General Hindman:

R. C. NEWTON, Assistant Adjutant-General.

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HDQRS. DEPT. OF MISSISSIPPI AND EAST LOUISIANA, Jackson, February 23, 1863.

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

GENERAL: I have the honor herewith to inclose for the information of the War Department a copy of a notice* which purports to have been issued by Admiral D. D. Porter, of the U. S. Navy, and a copy of a retaliatory notification** which I have caused to be communicated to the Federal authorities near Vicksburg.

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

J. C. PEMBERTON, Lieutenant-General, Commanding.

* Omitted here; see Stevenson to Grant, February 24, and inclosure, p. 293.

** Omitted here; see Grant to Pemberton, Porter to Grant and Porter to Stevenson, March 2, pp. 308 and 309. For Seddon to Pemberton, March 20 and 28, see Series I, Vol. XXIV, Part III, pp. 679 and 696.

{p.836}

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ASHEVILLE, N. C., February 24, 1863.

[Hon. Z. B. VANCE.]

GOVERNOR: In obedience to your direction to do so I have made inquiries and gathered facts such as I could in reference to the shooting of certain prisoners on Laurel Creek, in Madison County. I have to report to you that I learn that the militia troops had nothing to do with what was done on Laurel. Thirteen prisoners at least were killed by order of Lieut. Col. J. A. Keith. Most of them were taken at their homes and none of them made resistance when taken. Perhaps some of them ran. After they were taken prisoners the soldiers took them off to a secluded place, made them kneel down and shot them. They were buried in a trench dug for the purpose. Some two weeks since their bodies were removed to a graveyard. I learn that probably eight of the thirteen killed were not in the company that robbed Marshall and other places. I suppose they were shot on suspicion. I cannot learn the names of the soldiers who shot them. Some of them shrank from the barbarous and brutal transaction at first, but were compelled to act. This is a list of the names of those killed:

Elison King (desperate man), Jo. Woods (desperate man), Will Shelton (twenty years old, [son] of Sipus), Aronnata Shelton (fourteen years old, [son] of Sipus, not at Marshall), James Shelton (Old Jim, about fifty-six years old), James Shelton, jr. (seventeen years old), David Shelton (thirteen years old, was not in the raid), James Madcap (forty years old, was not in the raid), Rod Shelton (Stob Rod, was not in the raid), David Shelton (brother of Stob Rod, was not in the raid), Joseph Cleandren (fifteen or sixteen years old, was not in the raid), Halen Moore (twenty-five or thirty years old, was not in the raid), Wade Moore, twenty or twenty-five years old, was not in the raid.

It is said that those whose names I have so marked did not go to Marshall. The prisoners were captured on one Friday and killed the next Monday. Several women were severely whipped and ropes were tied around their necks. It is said Col. L. M. Allen was not in command and that Keith commanded. Four prisoners are now in jail, sent here as I learn by order of General Davis. These are Sipus Shelton, Isaac Shelton, William Norton and David Shelton, son of Sipus.

I think the facts stated are about true. One thing is certain, thirteen prisoners were killed-shot without trial or any hearing whatever and in the most cruel manner. I have no means of compelling witnesses to disclose facts to me and I do not know that I shall be able to make a fuller report to Your Excellency at any early day. I hope these facts will enable you to take such steps as will result in a more satisfactory development of the true state of the matter.

I am, &c., yours, truly,

A. S. MERRIMON.

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GENERAL ORDERS, No. 15.}

HEADQUARTERS FIRST DISTRICT, DEPT. OF MISS. AND EAST LA., Columbus, Miss., February 25, 1863.

...

VII. The passing of paroled Federal prisoners through this district northward is positively prohibited without special orders from these headquarters or from higher authority for that purpose.

...

By order of Brigadier-General Ruggles:

R. M. HOOE, Assistant Adjutant-General.

{p.837}

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WAR DEPARTMENT, Richmond, February 26, 1863.

W. H. SYME, Esq., Lewisburg, Va.

SIR: Your letter of the 14th instant has been received, and in reply you are informed, first that all prisoners who have been captured and paroled that were taken anywhere in Virginia prior to the 1st of November have been exchanged; second, the pay of a volunteer private continues during his captivity though paroled; third, the private should report to his regiment at once and if disabled placed on special duty; fourth, the provost-marshal has no right to appoint your son assistant provost-marshal. The application for duty should be made through the officers of your son’s regiment and proof of disability presented, and in that form be communicated to the Secretary of War.

Respectfully,

JAMES A. SEDDON, Secretary of War.

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WAR DEPARTMENT, Richmond, February 26, 1863.

M. J. SAFFOLD, Esq., Montgomery, Ala.

SIR: You have been selected by this Department and are hereby commissioned to make a full examination into the cases of all prisoners (not connected with the Confederate Army) now held in confinement by the military authorities of the Confederate States at any military post or prison in the State of Alabama or the Department of Western Georgia.

You will communicate this appointment to the military commanders in the said State and department and inquire where such prisoners are confined, and with as little delay as practicable will repair to the respective posts or prisons and enter upon the discharge of the duties assigned.

You are authorized to require the production of all documentary testimony and military orders respecting such prisoners; may examine any witnesses who can be produced for or against them, and may hear any statements which the prisoners desire or are willing to make.

You are authorized to discharge, either absolutely or upon such oath or parole as you may think proper, all prisoners against whom no well-founded suspicion of having violated any law of the Confederate States may exist, or whose longer detention you may think not demanded by the public interests.

Orders will be issued to the commanding officers in the State of Alabama and the Department of Western Georgia to render you every facility in the discharge of your duties and to obey your instructions in regard to the prisoners you may examine.

A full report of your proceedings under this commission and your opinion with regard to each prisoner examined will be made by you as promptly as practicable.

You will notify the Department on receipt of this communication whether you will accept the position assigned you and when it will comport with your convenience to enter upon the discharge of the duties.

By way of compensation for your services you will be allowed the sum of $125 per month, and transportation will be furnished for all necessary travel by the commandants of the several posts.

Very respectfully, your obedient servant,

J. A. CAMPBELL, Assistant Secretary of War.

{p.838}

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WAR DEPARTMENT, Richmond, February 27, 1863.

To the PRESIDENT OF THE CONFEDERATE STATES:

In answer to a resolution of the House of Representatives I have the honor to inclose a list* of the civilian prisoners now in custody in this city and at Salisbury, N. C., under military authority.

No arrests have been made at any time by any specific order or direction of this Department. The persons arrested have been taken either by officers of the Army commanding in the field or by provost-marshals exercising authority of a similar nature, and the ground for arrest is or ought to be founded upon some necessity or be justified as a proper precaution against an apparent danger. The Department has had commissioners to examine these persons with directions to “discharge those against whom no well-grounded cause of suspicion exists of having violated a law or done an act hostile or injurious to the Confederate States.”

The Department appointed in November last a commissioner to examine prisoners in the Southwestern Department, embracing a portion of Georgia, Alabama and a portion of Mississippi. This commissioner found some obstructions in the performance of his duties from the provost marshals and some difficulty in obtaining reports from them. He resigned in the latter part of January without making a report of the prisoners remaining in the department for which he was appointed. These commissioners have been found useful and I recommend that the Department may be authorized to appoint them for the objects before mentioned and that they be clothed with the authority of commissioners under the act of the Provisional Congress, No. 273, respecting commissioners appointed by the district courts.

In conclusion I have to say that under the examinations that have been made a large number of prisoners have been discharged and none are retained unless there be a cause of suspicion supported by testimony rendering it probable that the discharge of the prisoner would be prejudicial to the public interest.

Most respectfully,

JAMES A. SEDDON, Secretary of War.

* Not found.

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EXECUTIVE DEPARTMENT, Raleigh, February 27, 1863.

Brigadier-General DAVIS, Knoxville, Tenn.

GENERAL: In my last letter to you I referred to a report that a number of prisoners taken on Laurel had been shot in cold blood and expressed the hope it might not prove true. I fear, however, that it is even worse than was first reported. I beg leave to ask your attention to the copy inclosed* of a part of a letter from A. S. Merrimon, esq., attorney for the State in that district, and to respectfully request you to make inquiry into the truth of the statements therein with a view to proceedings against the guilty parties. Whilst expressing again my thanks for the prompt aid rendered by your command in quieting the troubles in that region I cannot reconcile it to my sense of duty to pass by in silence such cruel and barbarous conduct as is alleged to have characterized a portion of them, and more especially as the officers mentioned are citizens of this State.

Very respectfully, your obedient servant,

Z. B. VANCE.

* See also Merrimon to Vance, February 24, p. 836.

{p.839}

[Inclosure.]

ASHEVILLE, N. C., February 16, 1863.

Governor Z. B. VANCE, Raleigh, N. C.

GOVERNOR: Your letter of the 9th instant is just received. I beg to assure you that I shall at the next term of the court prosecute vigorously such of the prisoners to whom you direct my attention as may be turned over to the civil authorities. The late expedition to Laurel sent only four prisoners to jail and one of them was admitted to bail on yesterday by Judge Bailey. I understand there are no more to send. I have no knowledge of my own touching the shooting of several prisoners on Laurel. I have learned, however, from a most reliable source that thirteen of them were killed; that some of them were not taken in arms but at their homes; that of all the men shot thirteen if not more were prisoners at the time they were shot; that they were taken off to a secluded cove or gorge in the mountains and then made to kneel down and were thus shot. One man was badly and mortally shot in the bowels and while he was writhing in agony and praying to God for mercy a soldier mercilessly and brutally shot him in the head with his pistol. Several women were whipped.

This I learn from one who got his information from some of the guilty parties. I learn that all this was done by order of Lieut. Col. James A. Keith. I know not what you intend doing with the guilty parties, but I suggest they are all guilty of murder. I do not suppose they had any order to do so barbarous a deed, but if they had the order was void absolutely, no matter by whom issued. Such savage and barbarous cruelty is without a parallel in this State and I hope in every other. I am gratified that you intend to take the matter in hand. I will make such investigation as I can, but I have no means of compelling any one to disclose facts to me. It will not be difficult I learn to prove that the prisoners were killed. I assure you that I will prosecute all persons who have committed criminal offenses in this circuit at the next term of the court and in the meantime I will do all in my power to suppress crime and violence. These are fearfully on the increase in this section of the State. A report might be made that would astonish you. I have done all I could in reference to the complaints made to you from Jackson and Cherokee Counties.

...

I am, &c., yours, truly,

A. S. MERRIMON.

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SPECIAL ORDERS, No. 49.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, February 27, 1863.

VIII. Capt. W. H. Hatch, assistant adjutant-general, will proceed without delay to Tullahoma, Tenn., on business in connection with the exchange of prisoners. He will report to Col. Robert Ould in this city for instructions. Having discharged these duties he will report at the office of the Adjutant and Inspector General in this city.

...

By command of the Secretary of War:

JNO. WITHERS, Assistant Adjutant-General.

{p.840}

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ADJUTANT AND INSPECTOR GENERAL’S OFFICE, Richmond, February 28, 1863.

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

GENERAL: I have received your letter of the 24th instant and it seems only necessary to say that I concur in your views respecting the Sixty-fifth and Eighty-ninth Articles of War.

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

S. COOPER, Adjutant and Inspector General.

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CHATTANOOGA, February 28, 1863.

General S. COOPER, Adjutant and Inspector General.

SIR: I respectfully submit the accompanying papers* to the War Department to show the fact that Major-General Rosecrans declines to correspond with General Bragg and upon what grounds.

To Major-General Rosecrans’ letters to myself I replied** that the correspondence which he desired me to undertake was one of General Bragg’s functions which I could not assume.

Most respectfully, &c.,

J. E. JOHNSTON, General.

* See Rosecrans to Johnston, January 18 and 19, pp. 188, 191.

** See Johnston to Rosecrans, February 12, p. 266.

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INSPECTOR-GENERAL’S OFFICE, ARMY OF TENNESSEE, Tullahoma, Tenn., February 28, 1863.

ASSISTANT ADJUTANT-GENERAL, Army of Mississippi

SIR: I have the honor in obedience to instructions from the commanding general to forward to your headquarters under guard George U. Thatcher, who purports to be a citizen of Missouri and who has twice been arrested within the lines of our army under suspicious circumstances, with the request that Thatcher be sent across the Mississippi River. The circumstances of Thatcher’s arrest are as follows: When the Army of Mississippi entered Kentucky Thatcher was found within our lines. Not being able satisfactorily to account for himself General Bragg had him arrested and ordered to the rear, directing him to remain at Chattanooga, Tenn., until the return of the army. Instead of doing this Thatcher preceded the army in its advance through Kentucky, arriving at Louisville simultaneously with General Buell, U. S. Army. Shortly after this an article appeared in a Louisville paper giving the organization of the Army of Mississippi (at that time so-called). Authorship of this article was attributed to the prisoner. On the return of the army Thatcher is again found within the lines with military goods for sale; also a negro which he claims as his property. Negro boy is identified by a citizen of Rutherford County and Thatcher is arrested as a spy but is released at the solicitations of Honorable Phelps, Member of Congress from Missouri, with the distinct understanding that he is to proceed immediately across the Mississippi River. Violating this Thatcher is rearrested and is now sent to Lieutenant-General Pemberton with the request that he be immediately sent across the Mississippi River as too dangerous a man to be allowed to remain within our lines.

{p.841}

You will pardon, sir, the apparent discourtesy in not giving you your title and rank as I am unacquainted with both.

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

W. CLARE, Major and Assistant Inspector-General.

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EXECUTIVE DEPARTMENT, Raleigh, February 28, 1863.

Hon. JAMES A. SEDDON, Secretary of War.

SIR: Some six months since a disturbance occurred in Madison County, N. C., near the Tennessee border, by some disloyal persons capturing the little country town and seizing a lot of salt and other plunder. An armed force was promptly sent from Knoxville under command of General Davis to suppress the insurrection which was accomplished before the local militia could get there, though ordered out immediately. But in doing so a degree of cruelty and barbarity was displayed, shocking and outrageous in the extreme on the part of Lieut. Col. J. A. Keith, Sixty-fourth North Carolina Troops, who seems to have been in command and to have acted in this respect without orders from his superiors so far as I can learn. I beg leave to ask you to read the inclosed letter* (copy) from A. S. Merrimon, State’s attorney for that judicial district, which you will perceive discloses a scene of horror disgraceful to civilization. I desire you to have proceedings instituted at once against this officer, who if the half be true is a disgrace to the service and to North Carolina. You may depend upon the respectability and fairness of Mr. Merrimon who made an investigation officially by my order. I have also written General Davis.

Very respectfully, your obedient servant,

Z. B. VANCE.

* Omitted here; see Merrimon’s two letters, pp. 836, 839.

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HEADQUARTERS DEPARTMENT OF HENRICO, Richmond, February 28, 1863.

Hon. JAMES A. SEDDON, Secretary of War.

SIR: In reply to the letter from the House of Representatives dated February 24, 1863, containing copy of a resolution passed by that body calling for the “authority by which a number of Yankee prisoners have been admitted to take the oath of fidelity to the Confederate States and have been allowed to locate as free laborers in Rockbridge County, Va.,” which letter was indorsed to these headquarters on the 26th instant for report, I have the honor to state that upon representation to the War Department that a large number of Yankee deserters had accumulated in the military prisons I was instructed by the Secretary of War to allow such of them as were willing to take the oath of allegiance to the Confederate States and permit them to seek work wherever it could be found.

These instructions referred exclusively to deserters and my action was in strict conformity thereto.

I would further beg leave respectfully to state that those men mentioned in the resolution above referred to as having located in Rockbridge County, Va., were employed by Joseph R. Anderson, esq., of the Tredegar Works, who forwarded them to that county to labor.

Very respectfully, your obedient servant,

JNO. H. WINDER, Brigadier-General.

{p.842}

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WAR DEPARTMENT, Richmond, Va., March -, 1863.

All matters relating to the exchange of prisoners and flag-of-truce boats will be under the direction and control of Robert Ould, agent for the exchange of prisoners, subject only to the orders of the Secretary of War.

JAS. A. SEDDON, Secretary of War.

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BROWNSVILLE, TEX., March 1, 1863.

Hon. J. P. BENJAMIN, Richmond.

SIR: On the 20th ultimo I learned that one Henry Safford, formerly of Galveston, Tex., and lately from New York, had arrived at Matamoras with $50,000 in counterfeit Confederate money. I immediately notified General Bee of it and spoke with the Mexican authorities to have said Safford arrested. On the 26th a Spaniard named Manuel Lluro visited Brownsville and endeavored to negotiate the sum of $2,000 in paper which upon examination was found to be counterfeited. The bearer was arrested and in his voluntary statement asserted that he had received said paper from Safford. On the same day I visited Matamoras and succeeded in obtaining from the proper authorities an order for the arrest and delivery of Safford. Both he and Lluro are now at Fort Brown to be tried.

The Mexican Government is to receive (at the mouth of the Rio Grande) 40,000 stand of arms from New York which have been contracted for by J. Bustamente, an agent of paid Government. As the arms are to be paid for on delivery and the Mexican authorities cannot dispose of the full sum needed I at the request of General Bee have spoken with the custom-house inspector (Mr. Zambrano) who has agreed to let us have part of said arms. The consignee who resides at Matamoras is also willing to contract with us. As soon as oar object is accomplished it will not be amiss to forward the proper information to the C. S. agent at Havana that the French Government may be apprised of the neutrality of the United States. I shall leave here to-morrow for Monterey.

I have the honor to be, your obedient servant,

J. A. QUINTERO.

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COLUMBUS, March 3, 1863.

Lieut. Gen. J. C. PEMBERTON:

Twelve Federal prisoners sent to Okolona to go North. Shall they pass? I have endeavored to stop this indiscriminate passing of paroled prisoners acting as spies.

DAN’L RUGGLES, Brigadier-General.

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VICKSBURG, March 4, 1863.

Colonel WADDY:

Colored prisoners from Indianola sent over to-day by 12 o’clock train. Ninety-four in all.

M. L. SMITH, Major-General.

{p.843}

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C. S. MILITARY PRISON, Richmond, March 4, 1863.

[Capt. W. S. WINDER.]

CAPTAIN: The number of prisoners having greatly increased in the last few days, and having just received from Robert Ould, esq., rolls containing nearly 4,000 names of paroled prisoners of war that have been sent North which he has referred to me in order to compare them with the prison books that I may certify as to date of capture, which he says is necessary to have with his next interview with the Federal commissioner of exchange of prisoners, my time will consequently be so much occupied at the prison as to prevent me from attending closely to the temporary duty at provost-marshal’s office to which I was assigned by Special Orders, No. 49. I therefore respectfully request that I may be relieved from that duty if in your judgment no inconvenience may result from it.

Your obedient servant,

TH. P. TURNER, Captain, Commanding.

P. S.-The provost-marshal’s assistant who has been sick for some time returned to duty to-day and I suppose my services can be dispensed with without serious inconvenience.

T. P. T.

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WAR DEPARTMENT, Richmond, March 5, 1863.

His Excellency Z. B. VANCE, Governor of North Carolina, Raleigh, N. C.

SIR: I received your letter of the 28th ultimo in reference to the conduct of Lieut. Col. J. A. Keith, Sixty-fourth North Carolina Regiment, and have directed General Donelson, commanding at Knoxville, to investigate the matter and report the facts to the Department.

Very respectfully, your obedient servant,

JAS. A. SEDDON, Secretary of War.

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VICKSBURG, March 5, 1863.

Lieutenant-General PEMBERTON:

General Grant will not receive non-commissioned officers and privates without the commissioned officers. Please do not send the prisoners to this place.

N. G. WATTS, Major and Agent.

[Indorsement.]

MARCH 5, 1863.

Respectfully referred to Brigadier-General Adams who will not forward any of the prisoners to Vicksburg.

By order of Lieutenant-General Pemberton:

J. C. TAYLOR, Aide-de-Camp.

{p.844}

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GENERAL ORDERS, No. 25.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond. March 6, 1863.

I. The following act of Congress and regulations to enforce the same are published for the information of all persons concerned:

CHAP. LXII.-An act to protect the rights of owners of slaves taken by or employed in the Army.

The Congress of the Confederate States of America do enact, That every person connected with the Army or Navy of the Confederate States arresting or coming into possession of any slave by capture from the enemy or otherwise than by lawful authority shall immediately report the same to the commanding officer of the post or brigade or station to which he may be attached. The said commanding officer shall with as little delay as practicable send the slaves so reported to the nearest depot described in the next section, with a register of the place and date of their arrest: Provided, however, That the said slaves or any of them may at once be delivered to their respective owners if claim is made and established on satisfactory evidence.

SEC. 2. The Secretary of War shall establish depots for recaptured slaves at convenient places, not more than five in number, in each State, and all slaves captured in such State shall be kept in such depots. Public notice shall be given of the places se selected.

SEC. 3. Lists of the slaves in each of such depots, showing the name and color of such slaves, the place and time of their arrest and the names of their owners, as given by themselves or otherwise ascertained, shall be regularly advertised in each State in one or more newspapers of general circulation.

SEC. 4. While such slaves are in depot they may be employed under proper guard on public works; but no slave shall be removed from the depot to which he is first carried for at least one month after the first advertisement of his being there nor then unless an exact register is made of the removal and due advertisement mate in the newspapers as aforesaid.

SEC. 5. Free access shall be permitted to all persons desiring to inspect the said slaves for the purpose of identifying them and establishing ownership, and upon due proof they shall be immediately restored to the persons claiming them.

SEC. 6. It shall further be the duty of the Secretary of War to require the names of all slaves in the employment of an officer or soldier of the Confederate Army or Navy, with the names and residence of their owners, and of the person by whom hired out, and of the officer or soldier hiring, to be reported to his department and a full register thereof to be kept for public inspection.

SEC. 7. The President shall prescribe regulations for carrying this act into effect and provide for the subsistence of said slaves while in such depots.

[Approved October 13, 1862.]

II. Depots for recaptured slaves are hereby established at the following places, viz:

At the Camps of Instruction at Richmond, Petersburg and Dublin Station, in the State of Virginia; Camp of Instruction at Raleigh, in the State of North Carolina; Camp of Instruction at Columbia, in the State of South Carolina; Camps of Instruction at Macon and Decatur, in the State of Georgia; Camps of Instruction at Notasulga and Talladega, in the State of Alabama; Camp of Instruction at Tallahassee, in the State of Florida; Camps of instruction at Brookhaven and Enterprise, in the State of Mississippi; Camps of Instruction at Monroe, Camp Moore and New Iberia, in the State of Louisiana; Camp of Instruction at Houston, in the State of Texas; Camps of Instruction at Knoxville and McMinnville, in the State of Tennessee; Camp of Instruction at Little Rock, in the State of Arkansas.

III. The commandants of the several camps of instruction will provide necessary quarters for all negroes sent to the depots; will detail sufficient guards for their safe-keeping; provide for their custody, employment and subsistence; require full and accurate registers to be kept, and advertisements as prescribed by the act of Congress to be regularly made, and afford all facilities to claimants to establish their ownership, and on due proof surrender the slaves to their owners.

{p.845}

IV. Commanding generals will require all persons connected with the Army to make immediate report of all slaves arrested or coming into their possession; and if claim is not promptly made and established by the owner will send such slaves with a register of the place and date of their arrest with as little delay as practicable to the nearest depot in the State wherein the capture is made. They will also require all officers and soldiers now employing slaves forthwith to report the same and those hereafter employing them within ten days thereafter, with the names and residence of their owners and of the person by whom they were hired out and of the officer or soldier hiring, and return such reports as soon as received to this office; and will in all other respects enforce from the officers and men under their command a strict and prompt observance of the requirements of the above-recited act of Congress.

By order:

S. COOPER, Adjutant and Inspector General.

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WAR DEPARTMENT, Richmond, March 7, 1863.

General J. C. PEMBERTON, Jackson, Miss.:

Use your discretion with regard to men taken as prisoners of war. Enlist if any are willing. Let any willing take the oath of allegiance. Put any willing to work. Parole and dismiss toward their own country such as you may deem safe.

JAMES A. SEDDON, Secretary of War.

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PROVOST-MARSHAL’S OFFICE, Charleston, S. C., March 7, 1863.

Capt. J. M. OTEY, Assistant Adjutant-General.

SIR: Under the approval of Brigadier-General Ripley I expect to send to Richmond in a few days the wounded prisoners of war captured on board the Isaac Smith together with sundry prisoners belonging to Confederate regiments now in North Carolina and Virginia. I would respectfully ask if the prisoner of war Calvin Jones shall be sent at same time or be detained longer. He belongs to Company D, Ninth Maine Regiment, and was sent here by Brigadier-General Walker on the 19th February last, and was captured but a short time previous to that date. I omitted to state that he is not a commissioned officer.

Very respectfully, your obedient servant,

P. C. GAILLARD, Lieutenant-Colonel and Provost-Marshal.

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VICKSBURG, March 8, 1863.

Lieutenant-General PEMBERTON:

Can I send Federal prisoners to Jackson?

C. L. STEVENSON, Major-General.

{p.846}

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SHELBYVILLE, March 9, 1863.

Maj. THOMAS M. JACK, Assistant Adjutant-General.

MAJOR: In obedience to instructions from the lieutenant-general commanding (through Col. W. B. Richmond, aide-de-camp) of this date I have the honor to submit the following explanation: On the 7th instant the general informed me that he had received a communication from General Van Dorn stating that the prisoners captured by his (General Van Dorn’s) command at Thompson’s Station would pass through this place en route to Tullahoma; that they numbered about 2,200 men and would need rations. The general directed me to see that they had rations provided for them on their arrival; that General Van Dorn could not furnish them with cooking utensils, consequently I should have the rations properly prepared. The general suggested that I could use the utensils left in camp by a portion of Withers’ division, then on outpost duty, and to make the detail left in charge of the camp cook them. He also directed me to send a courier on the Lewisburg road to meet them with a communication to the officer in charge asking for the number of men and the number of days’ rations required and any other information that would facilitate their speedy transportation from this point to Tullahoma. Immediately after leaving the general I dispatched a courier as directed with a letter to the officer in charge of the prisoners making the inquiries named. I charged the courier to be as prompt as possible. I then sent for Captain Spence and directed him to go out to the camp of Withers’ division and see the officer in command and notify him that he would have to superintend the preparation of the rations. Captain Spence returned and reported that he found Colonel Walker (the senior officer present) and that the colonel signified to him that he was ready to carry out the order as soon as he received the rations.

I also saw Major Mason, assistant quartermaster, and directed him to furnish transportation for the rations when required. I then went to the post commissary store-house to see Captain Cromwell, assistant commissary of subsistence. The captain being absent I directed his chief clerk (a Mr. Baugh) to furnish the rations when called on without delay. I then awaited the return of the courier. The courier not having returned on the morning of the 8th (when I expected him to return on the preceding night at the latest) I reported the fact to the general. The general directed me to send Captain Spence with another courier on the same road with instructions similar to those given the first courier. The first courier returned about 3 o’clock on the afternoon of the 8th with a note from Lieutenant-Colonel Gordon, commanding the escort in charge of the prisoners, giving the number 1,205, but said nothing about when their rations were out. The colonel also stated in his note that he would send his regimental commissary in to attend to the wants of his own command. Immediately on the receipt of Colonel Gordon’s communications I directed Captain Spence to have two days’ rations for 1,205 men sent out to Colonel Walker with instructions to have them prepared without delay. I also directed that the wagons used for hauling them out should remain and bring the rations back when prepared to the court-house. Captain Spence returned and reported that he had carried out my instructions. About 5 p.m. a violent rain came on which continued with more or less violence until a late hour at night and materially interfered with the cooking of the rations. In order to be certain that the prisoners would get their rations I saw Major Mason about 11 o’clock last night and asked him what directions he had given about the wagons. He replied that he {p.847} had “directed them to remain at the camp until the rations were cooked and then bring them in if they had to remain all night.” I sent Captain Spence out to the camp at an early hour this morning to inquire why the rations were not prepared and sent in. He reports that Colonel Walker had them ready at 2 a.m., but that the wagons had left before that time and that he had no other available transportation. These are all the facts in the case, and I earnestly hope that they will exonerate me from all culpable neglect in the premises.

Respectfully submitted.

T. F. SEVIER, Assistant Inspector-General.

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HDQRS. POLK’S CORPS, ARMY OF TENNESSEE, March 9, 1863.

Maj. THOMAS M. JACK, Assistant Adjutant-General.

MAJOR: The general directs that you place Colonel Sevier, the inspector-general, under arrest, and instruct the commandant of the post to instantly prepare food for the Federal prisoners now here.

Very respectfully,

W. B. RICHMOND, Aide-de-Camp.

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SHELBYVILLE, March 11, 1863.

Lieutenant-General POLK, Commanding.

GENERAL: I would state that some time during the evening of Sunday, the 8th instant, Captain Spence called upon me for two wagons to haul rations for the prisoners. All my wagons being employed in moving stores for the depot and post commissaries I told him to go there and take any two of the wagons that he saw, which he did. About 7 o’clock in the evening I was called on to furnish wood for the prisoners at the court-house yard which I accordingly furnished. Later in the night Colonel Sevier asked me if the wagons had been furnished to haul the rations and I told him that they had, and I do not remember any further conversation on the subject with Colonel Sevier. I heard nothing about where the rations were to be hauled from or to until the next morning when Captain Spence called on me for two wagons to haul rations from Walker’s regiment, Chalmers’ brigade, which wagons I sent immediately.

Respectfully submitted.

R. M. MASON, Major and Assistant Quartermaster.

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C. S. MILITARY PRISON, Richmond, March 12, 1863.

Capt. W. S. WINDER, Assistant Adjutant-General.

CAPTAIN: I herewith inclose communication* from Major Boyle dated 11th instant containing a list of Yankee prisoners, twenty-nine in number. In connection with these prisoners allow me to make the following statement: They reached here yesterday about 7.30 o’clock p.m. The roll being called it was found that four of the prisoners on the list, viz, Brig. Gen. E. H. Stoughton, Captain Barker, Privates B. F. Pratt and R. B. Wardener did not answer, and Lieutenant Bossieux, the officer in charge of the prison during my absence, was informed that they were {p.848} at the Ballard Hotel for the night which fact was reported to me when I returned to the prison.

Deeming it my duty as the officer in command of the prison to see that the prisoners mentioned in an official communication as being sent here for confinement were delivered at the proper place, being quite sure that it was contrary to the wishes of the commanding general of this department that any such discriminations should be made in permitting a few of a batch of prisoners to obtain lodgings at a hotel while a majority of the same batch were committed to prison, and also as acting assistant provost-marshal considering that it was a part of my duty to see that prisoners are delivered at the proper time and place, I directed Lieutenant Bossieux to proceed to the Ballard Hotel and request of the officer or whoever might be in charge of the prisoners that they be delivered into his custody to be brought to prison. But for some reason unknown to me the officer, Lieutenant McClellan, refused to deliver them. I then went to the hotel myself after 12 o’clock p.m. and after a parley of nearly an hour Lieutenant McClellan reluctantly consented that the prisoners should be delivered into my custody.

I make this statement in order to vindicate myself from any charge of officiousness or assumption of authority. Please bear in mind that the unsealed official communication in reference to and containing a list of prisoners (the four mentioned included) was in my hands. Further, the train reached the city at 7.30 o’clock p.m. The provost-marshal’s office is open all night. I was there myself till 8 o’clock p.m., and a portion of the prisoners were properly delivered before 8 o’clock p.m. at the C. S. Military Prison.

I am, sir, your obedient servant,

T. P. TURNER, Captain, Commanding.

* Not found.

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HEADQUARTERS RIVER BATTERIES, March 13, 1863.

Col. EDWARD HIGGINS, Commanding River Batteries, Vicksburg.

COLONEL: I beg leave to submit to your consideration certain facts connected with the imprisonment by the Federal authorities in New Orleans of several non-commissioned officers and men formerly under your command at Fort Jackson, La. Their names and respective rank are as follows: Sergt. Patrick Kane, Corpl. Edward C. Smith and Private William Stanley, First Louisiana Artillery, Company B; Private Daniel Doyle, First Louisiana Artillery, Company D; Private Abraham McLane, Twenty-third Regiment Louisiana Volunteers (Allen Guards); Sergt. George L. Williams, First Louisiana Artillery Volunteers, Company E.

These men were arrested in New Orleans in May or June last under the charge of a conspiracy while they were prisoners of war on parole to recruit a company for the Confederate service. They were tried by a military commission,* found guilty and sentenced to be shot. On the appointed day they were taken out for execution, but just after the firing squad had received the last commands, “ready,” “aim,” an order was produced by the provost-marshal which commuted their sentence to imprisonment at hard labor on Ship Island during the pleasure of the President of the United States.

A short time before the day on which they were to be executed the men belonging to my old company (Company B) sent to request that I {p.849} would come to see them. I obtained a permit from the provost-marshal and was admitted to their prison. There they told me that their trial had not been a fair one. They had no notice; no means of preparing a defense. One or two witnesses were examined by the military commission. They were asked if they had any rebutting evidence to produce, and in the face of their earnest protest were found guilty and condemned.

They were denounced by one of the traitors who had gone over to the enemy and it was chiefly on his testimony that they were condemned. They solemnly declared to me that the whole charge was a malicious fabrication; that they had never been concerned in any attempt to raise a company; that they had never in any way violated their parole. A few days ago Doctor Bradbury, who as you will remember volunteered his professional services and was with us at the fort during the bombardment, came out from New Orleans on the boat, the Cartel, which recently brought up the exchanged prisoners. He met with a gentleman who had just been released from Ship Island. While there this gentleman had frequently met our men and had brought with him a memorandum of their names to see if something could not be done for them. He states that men were never more faithful to a cause than they are to ours. They have frequently been offered their release on the sole condition of taking the oath of allegiance to the Federal Government; and this, although with the exception of Smith they are foreigners without ties of family or interest to bind them to the Confederacy, they have steadily refused.

As to the former good character of the men from my regiment (the First Louisiana) I can bear strong testimony. Stanley was employed in the magazine on ordnance duty. Sergeant Kane was gunner on the 8-inch columbiad in the upper river bastion of Fort Jackson. Corporal Smith was stationed with Captain Robertson in the Water Battery. Doyle was head carpenter in the quartermaster’s department. No men could have done their duty better, either during the long period for which we garrisoned the forts or during the fatiguing length of the bombardment. They were brave, active, willing and in the mutiny faithful among traitors.

They well deserve that efforts should be made to procure their release. This imprisonment is plainly a violation of fire articles of capitulation under which we surrendered, their trial and condemnation a flagrant instance of the many similar hollow mockeries which helped disgrace General Butler’s rule in New Orleans. In regard to the men belonging to the Allen Guards it will be easy to obtain from Capt. S. Jones, who is at present in command of the Twenty-third Regiment Louisiana Volunteers, a statement of their character and of the points which bear upon their case.

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

BEVERLY [C.] KENNEDY, Lieutenant and Ordnance Officer, River Batteries.

[Indorsement.]

VICKSBURG, March 18, 1863.

Respectfully transmitted with the recommendation that the agent for exchange of prisoners be directed to demand their exchange or a new trial with counsel.

M. L. SMITH, Major-General.

* See Vol. III, this Series, p. 616, for the order relating to these men.

{p.850}

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CAMP ON DEER CREEK, Washington County, March 13, 1863.

Maj. J. J. REEVE, Assistant Adjutant-General.

MAJOR: I have the honor to make the following report: On the 15th [14th] of February, ultimo, I received by the hand of a citizen a letter from Capt. E. W. Sutherland, U. S. Navy, a copy of which is herewith* forwarded. The department was at once informed of the result of that interview and furnished with the notice** of Admiral Porter, then communicated by Captain Sutherland, who expressed his willingness to communicate at any time that it should be necessary by flag of truce.

On the 25th of same month I received instructions from Lieutenant-General Pemberton which I was ordered to communicate to Captain Sutherland or any other Federal officer. I at once sent by flag of truce a letter,*** a copy of which is herewith forwarded. After keeping the party with the flag of truce at Greenville for several days in the fruitless effort to communicate the ravages of the Abolitionists on Lake Washington compelled me to withdraw the party except a sergeant and one man, whom I left at Greenville with the flag and letter. I accidentally learned from a citizen that on or about the 4th instant a gun-boat, the Curlew, landed a party who met the flag of truce, disarmed the bearers and took them on board, where they were rudely treated and their dispatch broken open and read. It was then returned to them with the remark that Captain Sutherland should be informed the letter was for him. About the time this news reached me and before I could communicate with the sergeant referred to I heard from a citizen that a gun-boat had landed and taken off two men.

I at once dispatched another party with flag of truce and letter,**** a copy of which please find inclosed, as well as a copy of the answer I received to it. I cannot learn by what boat they were taken and have not received an answer from Admiral Porter. Their horses and horse equipments I found at Greenville. Since the receipt of Captain Prichett’s letter I have posted a picket at or near Greenville, but from the 23d instant to that time I had no troops nearer there than twenty miles except the party with the flag, and I need not add that the assertion of Captain Prichett in regard to flags of truce is utterly false and that none but those mentioned herein have been sent or been seen there.

Very respectfully, your obedient servant,

S. W. FERGUSON, Lieutenant-Colonel, Commanding.

* See Series I, Vol. XXIV, Part III, p. 55.

** See p. 294.

*** See Series I, Vol. XXIV, Part III, p. 67.

**** Not found.

[Inclosure.]

U. S. GUN-BOAT PRAIRIE BIRD, Greenville, March 9, 1863.

Lieutenant-Colonel FERGUSON, Commanding C. S. Forces, Washington County:

Your letter in regard to two of your men having been carried off while under a flag of truce has been received. In reply must state that I am not acquainted with the matter. I will immediately forward your letter to Rear-Admiral D. D. Porter, commanding Mississippi Squadron, and he will give you the direct information. It has been reported that flags of truce are almost constantly presenting themselves at this place {p.851} upon very trivial business which are not in accordance with the usages of civilized warfare. I hope to see no more here except on very important business.

Very respectfully, your obedient servant,

JAS. M. PRICHETT, U. S. Navy, Senior Officer, Commanding Naval Forces.

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EXECUTIVE DEPARTMENT, Raleigh, March 14, 1863.

GEORGE V. STRONG, Attorney for the District of North Carolina.

DEAR SIR: His Excellency Governor Vance directs me to inform you that Henry Hanbury, Green Mason, W. Jackson, Josiah Lufton, William Hodges, Charney Kenyon, E. H. Gerkin, M. L. Strausbery or Strasbury [Stransbury] and W. A. Foreman are now confined as prisoners at Camp Holmes. It is due the public as well as these individuals that the offenses with which they are charged should be speedily investigated in order that they may be retained for trial if guilty or be discharged if innocent. Unless some action is taken in the matter at an early day His Excellency will deem it his duty to have them discharged.

Yours, very respectfully,

DAVID A. BARNES, Aide-de-Camp to the Governor.

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HDQRS. DEPT. SOUTH CAROLINA, GEORGIA AND FLORIDA, Charleston, March 14, 1863.

Col. JOHN S. PRESTON, Commanding, &c., Columbia, S. C.

COLONEL: I am instructed by the War Department to direct that all Federal officers captured before the 12th day of January, A. D. 1863, shall be forwarded to Richmond to Brigadier-General Winder.

Respectfully, your obedient servant,

T. JORDAN, Chief of Staff.

A similar letter to Lieutenant-Colonel Gaillard, provost-marshal.

T. J.

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RICHMOND, March 14, 1863.

Lieut. Gen. J. C. PEMBERTON:

Colonel Garland has not been delivered yet. I expect to receive him next Monday but there is no certainty.

RO. OULD, Agent, &c.

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PORT HUDSON, March 16, 1863.

Lieutenant-General PEMBERTON:

I request to parole Midshipman Francis, from [of the] Mississippi, who exerted himself to save our men overboard from flag-of-truce boat at Baton Rouge.

FRANK GARDNER, Major-General.

{p.852}

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MOBILE, March 16, 1863.

Hon. JOHN A. CAMPBELL, Assistant Secretary of War.

DEAR SIR: In your communication to me of February last appointing me commissioner to investigate cases of prisoners now held in confinement by the military authorities it would seem that my authority to investigate only applied to arrests and imprisonments which have already been made. The object of this is to inquire whether the cases of prisoners which may arise daily during the time I may hold the commission are subject to my investigation. I have not been able to ascertain even who are the military commanders in the northern part of the State and Western Georgia to whom I am instructed to communicate my appointment. I suppose General Bragg commands north of General Buckner’s district, but I should be glad to be referred to the order or orders dividing the State and western part of Georgia into geographical departments and districts and appointing the commanders. What is it contemplated that I am to do with prisoners whom I think have committed offenses against the Government and should not be discharged? Are they to be remanded to the custody of the military authorities and their cases reported to the Department for further action of the Department or am I to turn them over to the civil authorities for trial? Is it expected that I will make one general report of my proceedings under the commission after going through with the departments assigned me or am I to make reports from each post or prison?

I take this occasion, judge, to say that in conferring this appointment upon me you have doubtless rendered me a far greater service than you were aware of at the time. I am almost entirely without an income now except the compensation of this office and even now am compelled to rely upon assistance from others almost in the shape of gratuities for the support of my family, my income derived heretofore almost entirely from my profession having been out off by the war. Though the compensation of the commissionership is a considerable help to me it is still inadequate to pay my heavy hotel bill and leave me any sufficient contribution to my family. I would therefore consider myself peculiarly fortunate if I could have the satisfaction so to execute this commission to commend me to the favorable consideration of the Department for an appointment the salary of which would be from $2,000 to $2,500, and for any assistance you may render me in promoting this end it could but add to the debt of gratitude I already owe you personally. Will you do me the favor to address an answer to my inquiries at Montgomery?

I have the honor to be, very respectfully,

M. J. SAFFOLD.

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HOUSTON, TEX., March 16, 1863.

Maj. B. BLOOMFIELD, Chief Quartermaster, &c.

SIR: In accordance with your order of date 22d January last I took charge of and proceeded with the U. S. prisoners of war captured at Galveston 1st [of the] same month and proceeded by the New Orleans and Texas Railroad to Beaumont where railroad transportation was broken on account of extreme high water. Thence by your order of the same month I proceeded by the way of Sabine River on steamer Roe-Buck to Barr’s Ferry. Arrived there the 5th and on the 9th left for Alexandria, having had to await for the transportation wagons and {p.853} teams. On my trip up the Sabine two of the prisoners, one D. Chapin, of Company I, Forty-second Massachusetts Regiment, and H. C. Sellea, of Company D, same regiment, died and were buried, the former at Stark’s Ferry, Tex., and the other at Barr’s Ferry, La. On my arrival at Alexandria I found no preparations made to receive the prisoners and was detained there and on river below until the 22d February when I was ordered by Major-General Taylor to parole all my prisoners and proceed under a flag of truce to Port Hudson and report to General F. Gardner commanding there, with the intention of proceeding by the way of Clinton to Tangipahoa and thence up the New Orleans and Jackson Railroad. On the 23d I arrived at Port Hudson meeting Major Watts and Colonel Szymanski, exchange officers on the part of Confederate States Government, returning from Baton Rouge with C. S. prisoners that day exchanged. I was ordered immediately to proceed accompanied by Colonel Szymanski to Baton Rouge and there turn over the prisoners in my charge to the U. S. exchange officer. On the 24th we arrived at and turned over all save and except two sent back sick from Beaumont to this place, one left in the hospital [at] Beaumont and the two who had died as herein reported. I herewith hand you the receipt of Colonel Szymanski, the exchange officer on the part of the Confederate States Government, for the 330 prisoners under my charge.

Having thus reported the manner of the discharge of my duty under your orders I await your further orders and have the honor to be, sir, your very obedient servant,

W. J. HOWERTON, Lieut., Prov. Army, C. S., Comdg. Escort and Guard U. S. Prisoners.

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CITY POINT, March 17, 1863.

Brigadier-General WINDER.

SIR: A flag-of-truce boat has arrived with 350 political prisoners, General Barrow and several other prominent men amongst them. I wish you to send me at 4 o’clock Wednesday morning all the military prisoners (except officers) and all the political prisoners you have. If any of the political prisoners have on hand proof enough to convict them of being spies or of having committed other offenses which should subject them to punishment so state opposite their names. Also state whether you think under all the circumstances they should be released.

The arrangement I have made works largely in our favor. We get rid of a set of miserable wretches and receive some of the best material I ever saw.

Tell Captain Turner to put down on the list of political prisoners the names of Edward G. Eggling and Eugenia Hammermister. The President is anxious they should get off. They are here now. This of course is between ourselves. If you have any female political prisoners whom you can send off safely to keep her company I would like you to send her. Two hundred and odd more political prisoners are on their way. I would be more full in my communication if I had time.

Yours, truly,

RO. OULD, Agent of Exchange.

[First indorsement.]

Send all called for in this letter unless they are charged with some criminal offense.

JNO. H. WINDER, Brigadier-General.

{p.854}

[Second indorsement.]

Executed and returned.

T. P. TURNER, Captain, &c.

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SPECIAL ORDERS, No. 67.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, March 19, 1863.

...

XVIII. Paragraph XXVII, Special Orders, No. 62, current series, is hereby revoked, and Capt. W. H. Hatch, assistant adjutant-general, Provisional Army, C. S., will report to Col. Robert Ould for assignment to duty.

...

By command of the Secretary of War:

JNO. WITHERS, Assistant Adjutant-General.

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[MARCH 21, 1863.-For Quintero to Benjamin, with inclosures relative to the arrest of Col. E. J. Davis and others, see Series I, Vol. XXVI, Part II, pp. 67-71.]

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WAR DEPARTMENT, Richmond, March 21, 1863.

EDWARD M. CLARK, Esq., Richmond, Va.

SIR: Your letter of the 12th-instant was referred to the Commissary-General who replies that it has been decided that paroled soldiers could have their rations commuted from the date of parole up to the period of exchange at the cost price of the ration. No commutation is allowed during the time the soldier is in the hands of the enemy. The accounts for commutation must be certified to by a commissioned officer cognizant of all the facts and dates.

Respectfully,

JAMES A. SEDDON, Secretary of War.

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HEADQUARTERS ARMY OF NORTHERN VIRGINIA, March 21, 1863.

Hon. JAMES A. SEDDON, Secretary of War.

SIR: I have received from General Hooker General Orders, No. 49, of General Halleck dated Washington, February 28, 1863, a copy of which I submit* herewith.

I would respectfully call your attention to this order which in my judgment conflicts with the cartel for the exchange of prisoners and solicit such instructions with regard to it as you may deem requisite.

I have the honor to be, with great respect, your obedient servant,

R. E. LEE, General.

[Indorsement.]

WAR DEPARTMENT, March 31, 1863.

Mr. Ould will please examine this and report wherein he thinks it violates the cartel.

J. A. S., Secretary of War.

* Omitted here; see p. 306.

{p.855}

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WAR DEPARTMENT, Richmond, Va., March 21, 1863.

Col. A. C. MYERS.

MY DEAR SIR: If the exigencies of our army require the use of trains for the transportation of corn pay no regard to the Yankee prisoners. I would rather they should starve than our own people suffer. I suppose I can safely put it in writing “Let them suffer.” The words are memorable and it is fortunate that in this case they can be applied properly and without the intervention of a lying quartermaster.

Very truly, your faithful friend,

RO. OULD

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GENERAL ORDERS, No. 51.}

HDQRS. DEPT. OF MISS. AND EAST LA., Jackson, Miss., March 23, 1863.

I. The following act of Congress and regulations to enforce the same are published for the information of all persons concerned :*

II. Depots for recaptured slaves are hereby established at the following places, viz: Brookhaven, Miss., Enterprise, Miss., Camp Moore, La.

III. All persons connected with the Army will make immediate report of all slaves arrested or coming into their possession, and if claim is not promptly made and established by the owner they will send such slaves, with a register of the place and date of their arrest, with as little delay as practicable, to the nearest depot in the State wherein the capture is made. All officers and soldiers now employing slaves will forthwith report the same, and those hereafter employing them within ten days thereafter, with the names and residence of their owners, and of the person by whom they were hired out, and of the officer or soldier hiring, and return such reports as soon as received to this office; and will in all other respects enforce from the officers and men under their command a strict and prompt observance of the requirements of the above-recited act of Congress.

By order of Lieutenant-General Pemberton:

R. W. MEMMINGER, Assistant Adjutant-General.

* Omitted here; see p. 844.

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HEADQUARTERS FOURTH MILITARY DISTRICT, Jackson, Miss., March 24, 1863.

Maj. R. W. MEMMINGER, Assistant Adjutant-General.

MAJOR: I have the honor to submit the following report of U. S. prisoners of war received at this post from Port Hudson on the 21st instant. The following is a list* of officers:

In obedience to orders from the lieutenant-general commanding, the above-named H. B. Francis, master’s mate, was paroled and sent through the lines North. Amongst the seamen there is one negro, who is said to be a free negro. He is reported a seaman, but Captain Fontaine says he has been employed as cook. I respectfully ask for instructions in his case. He is at present confined with the others.

I am, major, respectfully, your obedient servant,

JOHN ADAMS, Brigadier-General, Provisional Army, C. S., Commanding.

* Omitted.

{p.856}

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HEADQUARTERS FOURTH MILITARY DISTRICT, Jackson, Miss., March 24, 1863.

Maj. R. W. MEMMINGER, Assistant Adjutant-General.

MAJOR: I have the honor to submit the following report* of U. S. prisoners of war received at this post on the 12th instant captured on the U. S. gun-boat Indianola.

Forty-three seamen; 20 firemen, boys, &c. Total number of prisoners, 85.

I am, major, respectfully, your obedient servant,

JOHN ADAMS, Brigadier-General, Provisional Army, C. S., Commanding.

* Names of prisoners omitted.

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HEADQUARTERS, Jackson, March 24, 1863.

Maj. R. W. MEMMINGER, Assistant Adjutant-General.

MAJOR: In obedience to orders from the Secretary of War the following-named U. S. prisoners of war (officers) were sent to Richmond, Va., on the 14th instant in charge of Captain Tabb, Fourteenth Mississippi Regiment: T. C. Fletcher, colonel; P. Kershner, lieutenant-colonel; F. Jaensch, major; A. Gallfy, captain; John C. Ander Egg, captain; James S. McMurtry, captain; A. S. McClure, captain; F. Doherty, captain; C. Cunningham captain; M. Mills, captain; W. P. Van Doom, captain; J. J. Cole, first lieutenant; P. M. Smith, first lieutenant; S. H. Corn, first lieutenants H. S. Wood, second lieutenant; R. H. Vorhes, second lieutenant; B. F. Heckert, second lieutenant; M. Menne, second lieutenant; G. W. Wilson, second lieutenant; W. H. Rogers, second lieutenant; William Buchanan, second lieutenant; J. M. Cady, second lieutenant. All of the above-named officers were captured previous to the 12th of January, 1863.

I am, major, respectfully, your obedient servant,

JOHN ADAMS, Brigadier-General, Provisional Army, C. S., Commanding.

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HEADQUARTERS, Fort Brown, Tex., March 24, 1863.

Maj. E. F. GRAY, Acting Assistant Adjutant-General, Fort Brown, Tex.

SIR: Inclosed herewith please find the parole* in triplicate of the crew of the U. S. schooner C. C. Pinckney, recently captured at the mouth of the Rio Grande, which was this day granted them by me.

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

P. N. LUCKETT, Colonel Third Texas Infantry, Commanding.

* Omitted.

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WAR DEPARTMENT, Richmond, Va., March 25, 1863.

His Excellency Z. B. VANCE, Governor of North Carolina, Raleigh, N. C.

SIR: I have received your letter with regard to the arrest of citizens of North Carolina by a party of cavalry from Georgia. In reply I have the honor to say that the Department has no information at present concerning the alleged arrest and removal referred to by Your Excellency but will proceed to institute inquiry and require a report of {p.857} all the facts and redress of any injustice done. I will advise you of the result of my inquiries.

With high regard, your obedient servant,

JAMES A. SEDDON, Secretary of War.

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RALEIGH, N. C., March 25, [1863.]

Hon. JAMES A. SEDDON, Richmond, Va.:

General Pillow has sent a detachment of cavalry into Western North Carolina to enroll and arrest conscripts without the shadow of law and in defiance of the proper authorities. Please order it stopped through Colonel Coltart, Greeneville, Tenn., or there will be resistance and bloodshed.

Z. B. VANCE.

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HEADQUARTERS EASTERN SUE-DISTRICT OF TEXAS, Houston, March 25, 1863.

Capt. EDMUND P. TURNER, Assistant Adjutant-General.

CAPTAIN: I desire to know whether the major-general commanding has any suggestions to make or instructions to give in relation to the exchange of the Morning Light prisoners; what route they are to take, if they are to be sent forward for exchange and the course to be pursued in the premises in case he thinks proper to send them forward. The officer charged with the delivery of the prisoners taken at Galveston has returned having completed his mission.

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

W. R. SCURRY, Brigadier-General, Commanding.

[Indorsement.]

The privates, sailors, petty officers, non-commissioned officers, &c., to be sent to Vicksburg for exchange. The commissioned officers to be kept prisoners; all the commissioned officers to be sent to the prisons or the penitentiary at Huntsville if the Governor will consent. General Magruder has broached the subject to him and he has not yet answered. Brigadier-General Scurry will correspond with the Governor and if it can be done will send them to Huntsville under proper guard.

J. B. M.

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WAR DEPARTMENT, Richmond, March 28, 1863.

J. M. BAKER, Esq., Richmond, Va.

SIR: You are informed in reply to yours of the 14th instant that you are entitled to pay during your detention by the enemy according to your position in the army at the time of your capture.

Respectfully,

JAMES A. SEDDON, Secretary of War.

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WAR DEPARTMENT, Richmond, March 28, 1863.

Hon. JAMES M. BAKER, House of Representatives.

SIR: Your letter of the 22d instant inclosing a communication from Dr. H. Bacon asking intervention of the Government in behalf of certain citizens of Saint Mary’s, Ga., taken prisoners by the enemy, has {p.858} been received and referred to Mr. Ould, commissioner for exchange of prisoners.

Very respectfully, your obedient servant,

JAMES A. SEDDON, Secretary of War.

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HEADQUARTERS, Charleston, S. C., March 28, 1863.

General SAMUEL COOPER, Adjutant and Inspector General, Richmond.

GENERAL: I have the honor to transmit herewith a copy of General Orders,* No. 49, War Department of the United States, dated Washington, D. C., February 28, 1863, in relation to paroles.

I do not suppose that the observance of the order in question will affect this department in any way; that is it is not anticipated that it will be desirable at any time to release prisoners of war on the field of battle in this department; yet as this may not be the case at all times in other departments I have deemed it my duty to bring the matter to your attention in this way.

Respectfully, your obedient servant,

G. T. BEAUREGARD, General, Commanding.

* Omitted here; see p. 306.

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HDQRS. DEPT. SOUTH CAROLINA, GEORGIA AND FLORIDA, Charleston, S. C., March 30, 1863.

Col. JOHN S. PRESTON, Commanding, Columbia, S. C.

COLONEL: A communication from Commodore T. Turner, U. S. Navy, has been received at these headquarters in which he inquires particularly if the U. S. naval officers who are in confinement at Columbia are in need of money or any assistance from the United States Government. The general commanding desires that you will furnish the above information as soon as practicable.

Very respectfully, your obedient servant,

CLIFTON H. SMITH, Assistant Adjutant-General.

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KNOXVILLE, March 30, 1863.

His Excellency Z. B. VANCE, Governor of North Carolina.

SIR: Your letter* of the 22d of February addressed to me at Warm Springs was not received by me until now owing to the fact that I was absent from the department. I am obliged to you for the complimentary manner in which you have been pleased to speak of the small service which I had the honor to perform while on duty in your State. I assure you that I agree entirely in the sentiments you express relative to the reported shooting of prisoners by the troops under the command of Colonel Keith. I know nothing of the facts, the transaction having taken place before I was placed in command of the troops operating in North Carolina. No report was made to me of the affair before I left. I have forwarded your letter to General D. S. Donelson, commanding department, who will no doubt give the matter proper attention.

I have the honor to be, with great respect, Your Excellency’s obedient servant,

W. G. M. DAVIS, Brigadier-General.

* Not found.

{p.859}

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MILITARY PRISON, Alton, Ill., March 30, 1863.

Hon. HENRY C. BURNETT, Member Confederate Senate.

MY DEAR SIR: In the utmost extremity I address you. I can say but a few words as danger threatens both the medium of my communication and self. Hear me I conjure you, and demand of my Government immediate intervention for my deliverance.

Let hard facts speak for themselves and stern justice vindicate my claims:

I, J. F. Melton of Calloway County, Ky., commanded a company of cavalry at Fort Henry in Tilghman’s division. At the surrender of Fort Henry I retreated to Fort Donelson and was thrown under Col. (now General) N. B. Forrest; was captured after the surrender of Donelson on the 16th of February, 1862; made my escape en route from Camp Chase to Sandusky on the 26th of April, 1862; returned South for the purpose of raising a new company and while so engaged was recaptured on the 13th of July, heavily ironed with log chain and ball, transported to this prison, thrown into a cell 6 by 3 feet with my iron fetters on, kicked, cuffed, taunted, jeered and maltreated in every conceivable form. I remained the inmate of this living tomb until my life was despaired of. I was then removed to the hospital where I have remained ever since, denied the privileges of a common culprit, denied a parole, denied an exchange, several of which have left here during my imprisonment. To my demands they have replied by adding insult to injury, in renewed insult and cruelty. I have had to run the gauntlet of every disease which human flesh is heir to-smallpox, measles, mumps, pneumonia; in a word all the ills of Pandora.

Oh! the horrors of this place, the cruelty of my persecutors, tongue cannot tell, neither hath it entered into the heart of man to conceive. I have seen thousands of my companions in arms consigned to a premature and untimely grave here by the cruelty and injustice of my enemies, murdered in cold blood in this lazar house of disease and death.

With me “the sands of life are nearly run.” There is but little left now. I rejoice that it was freely offered upon the altar of my country as a last libation to liberty, sacrificed to that country which I so devotedly love, and which I have the proud consciousness of knowing I have faithfully served. Will not that country now interpose her strong arm and rescue me from this charnel house, this living death, and save the little of life left me to my country and family?

Will you abandon me in this dire extremity? Will you leave me to my unhappy fate in the iron hands of my most cruel and unnatural persecutors?

I do not, I cannot believe it. I will not think so meanly of my country. She does not know my wrongs. She cannot have heard of my most foul and unsoldierly treatment.

Oh! my countrymen, how long will you suffer these abuses; how long will you permit your patience to be abused, your forbearance outraged and your humanity scoffed at by these unlettered and unthinking monsters? Act at once and deliver me from worse than death.

How? Demand me under the cartel of exchange; unless surrendered throw into close confinement some influential Yankee officer and hold him as a hostage in pledge for me; make it known to the Federal Government and you will compass my immediate release. Refuse and I am lost. The grave will soon be my end, yet one reflection will illume my tomb and take away the sting of death, the consciousness that I fall a martyr to my country, blessing her with my last sigh in death.

{p.860}

Hear me I adjure you, for my cause, your cause, as sacred a cause as ever brought and bound a people together-the cause of our country and our God. Believing that you will instantly lay my case before the authorities at Richmond and demand that justice so long denied me,

I am, your unfortunate but faithful friend,

J. F. MELTON.

[Indorsement.]

APRIL 22, 1863.

Mr. OULD:

Demand explanation and exchange else I shall feel constrained to set aside an officer of the Federal Army for retaliatory treatment.

J. A. S., Secretary.

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HEADQUARTERS, Columbia, S. C., March 31, 1863.

Brig. Gen. THOMAS JORDAN, Chief of Staff, Charleston, S. C.

GENERAL: In answer to your communication of March 30 desiring to know if the U. S. naval officers who are in confinement at Columbia are in need of money or any assistance from the United States Government I have the honor to forward you the inclosed communication* from F. S. Conover, acting lieutenant-commander.

Your obedient servant,

JNO. S. PRESTON, Colonel and Assistant Adjutant-General, Commanding Post.

* Not found; but see p. 823.

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RICHMOND, April 1, 1863.

Hon. JAMES A. SEDDON, Secretary of War.

SIR: In the matter of Halleck’s General Orders, No. 49, I have the honor to make the following report:

The cartel of exchange only incidentally treats of the parole of prisoners. The only provisions in it relating to paroles are as follows, to wit:

1. All prisoners of war to be discharged on parole in ten days after their capture, and the prisoners now held and those hereafter taken to be transported to the points mutually agreed upon at the expense of the capturing party.

2. Each party upon the discharge of prisoners of the other party is authorized to discharge an equal number of their own officers or men from parole, &c.

3. Nothing in this article contained shall prevent the commanders of the two opposing armies from exchanging prisoners or releasing them on parole at other points mutually agreed on by said commanders.

I see nothing in article 1 of general orders which in any manner conflicts with the cartel.

Articles 2 and 3 are restrictions upon giving paroles. There are no regulations in the cartel as to when paroles may be given or not given.

I do not think that these paragraphs can be said to be in violation of the cartel. They certainly establish a new practice. Is it, however, not within the power of a belligerent in the absence of an express agreement to the contrary to forbid its soldiers from entering into any paroles? These provisions, however, taken in connection with others of the general order are so sweeping that it would not be safe hereafter {p.861} to take any paroles. The only sure course left is to hold at least until an explanation is had.

Article 4 is a penalty for the violation of one branch of the preceding article.

In article 5 it is difficult to understand what General Halleck means by “wholesale paroling.” The first [second] says “none but commissioned officers can give the paroles for themselves or their commands, &c.” The sixth provides that “no non-commissioned officer or private can give his parole except through an officer.” Article 1 [2] forbids any but a commissioned officer from giving paroles for himself or his men and article 6 seems to allow a non-commissioned officer or private to give his parole through an officer.

This discrepancy is complicated by the fifth article which declares that “for the officer the pledging of his parole is an individual act and no wholesale paroling by an officer for a number of inferiors in rank is permitted or valid.” Are these provisions consistent?

Article 6 makes the whole matter still more confused. What is meant by “giving a parole through an officer?” Is it that the officer is to approve it and sign that approval? If so how can lists of paroled prisoners who are about to be sent off be made at the Libby Prison? If it was not for the last clause of the sixth article it might be well supposed that all the provisions of the general order related to paroles given at the time of capture. That clause, however, speaks of “long confinement.” It only allows a private to give his individual parole after he has “suffered long confinement without the possibility of being paroled through an officer.” What is long confinement? According to this clause if he has been at the Libby a short time and no officer is there in confinement he cannot be paroled; moreover is he not according to article 1 compelled to remain a long time in prison until one of his own officers happens to be captured?

Article 7 declares that no prisoner of war can be forced by the hostile Government to pledge his parole, &c. The cartel [article 4] says “all prisoners of war shall be discharged on parole in ten days after their capture.” If the soldier under the injunction of his Government refuse his parole how can we discharge him on parole?

Articles 8, 10, 11 and 12 require no other comment than that the cartel and not the common law of war establishes the terms of the parole and gives the consent of both Governments to those terms.

Article 9 is in clear violation of the cartel. Article 4 of the cartel says:

The surplus prisoners not exchanged shall not be permitted to take up arms again nor serve as military police or constabulary force in any fort, garrison or field-work held by either of the respective parties, nor as guards of prisons, depots or stores, nor to discharge any duty usually performed by soldiers, until exchanged.

Although I was only required by your indorsement to report wherein I thought the general order violated the cartel yet I deemed it my duty to make special mention of the foregoing matters in order that I might receive your instructions respecting the same. Had I not better bring the subject to the attention of the Federal agent of exchange, protesting against so much of the general order as is in violation of the cartel and asking explanations of that which is doubtful, ambiguous or contradictory?

With great respect, your obedient servant,

RO. OULD, Agent of Exchange.

{p.862}

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RICHMOND, April 2, 1863.

General J. H. WINDER, Richmond, Va.

GENERAL: The Secretary of War has suspended until the 10th instant the sentence of death against Capt. A. C. Webster, of Peirpoint’s army. Please direct the necessary measures in the matter.

Very respectfully,

S. COOPER, Adjutant and Inspector General.

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WAR DEPARTMENT, Richmond, Va., April 3, 1863.

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

SIR: Inclosed you will find sundry papers respecting John Carfoot, late prisoner at Salisbury, N. C., of whose detention complaint has been made as you advised this Department by the British consul. The reports of General Winder, commanding the military prison at Salisbury, N. C.; of General Ransom, by whose order Carfoot was sent to Salisbury, and of Mr. Wellford, who at the time of the reception of your letter was engaged in the examination of political prisoners at Salisbury and who was specially instructed to make inquiries into Carfoot’s case, with their inclosures, are respectfully submitted.

For Secretary of War.

Very respectfully, your obedient servant,

J. A. CAMPBELL, Assistant Secretary of War.

[Inclosure No. 1.]

SALISBURY, N. C., January 3, 1863.

Capt. H. MCCOY, Commanding C. S. Prison.

SIR: You will discharge the following-named prisoners in accordance with an order from the Secretary of War viz: Edward Barnes, John Carfoot, John Delaney, Charles Deckwer, James Graham, Henry Knipping, William McKinney, Samuel McLure, James E. Robertson, Daniel Scholly.

By order of General Winder:

W. S. WINDER, Assistant Adjutant-General.

[Inclosure No. 2.]

WAR DEPARTMENT, Richmond, Va., March 9, 1863.

Hon. JAMES A. SEDDON, Secretary of War.

SIR: I inclose an unofficial letter from Capt. Samuel B. Waters, C. S. Army, stationed at the C. S. military prison at Salisbury, N. C., in reference to certain prisoners some time since discharged from that prison. Captain Waters’ letter was written in reply to one from myself asking information in reference to these parties, demanded by certain letters forwarded to me during my recent visit to Salisbury, but which not arriving before I had left were returned to me by mail in this city. Information about the Moomans was called for by the Hon. W. R. Staples, of Virginia, and about John Carfoot by the British consul.

Very respectfully, yours,

B. R. WELLFORD, JR.

{p.863}

[Sub-inclosure to Inclosure No. 2.]

HEADQUARTERS C. S. MILITARY PRISON, Salisbury, February 26, 1863.

Mr. B. R. WELLFORD, Jr.

DEAR SIR: Your favor of February 23 duly received and in reply will state that a communication came to these headquarters some time since in regard to the prisoners Mooman. They were exchanged and sent North through [William P.] Wood, the Federal commissioner, on October 28, 1862. In regard to John Carfoot we have no papers whatever. The circumstances of his arrest were these: He was at New Berne at the time of the battle and did not leave when our forces evacuated the place. Some two or three days after he with another party went about three miles from the town to look after some cotton and were arrested by our pickets, who suspected them of endeavoring to get the cotton in the Yankee lines. He was taken before General Ransom and by him sent up here. Afterwards he was examined by Lieutenant Talley and released by the order of the Secretary of War January 3, 1863. He was captured April 7, 1862. During his confinement at this post he was allowed the parole of the grounds. Previous to his arrest and also to the battle of New Berne he was in the employment of the Confederate States as engineer on one of our steamers. Since his release he has been in the employment of the Western North Carolina Railroad Company.

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

SAMUEL B. WATERS, Captain Company A.

The Moomans were sent to Richmond to be exchanged through [William P.] Wood. If they are not now there they were sent on North. You can find it out by inquiry of General Winder. He has the list of the prisoners who were exchanged I suppose.

S. B. W.

[Inclosure No. 3.]

WAR DEPARTMENT. Richmond, Va., March 12, 1863.

Brig. Gen. JOHN H. WINDER.

GENERAL: The Secretary of War is informed by the British consul that John Carfoot reported by you February 3 as having taken the oath of allegiance to the Confederate States denies the fact stated and the Secretary of State asks to be furnished with any evidence in your possession respecting him, with a copy of the oath and an account of the circumstances attending its administration and acceptance. You will give this matter your early attention and communicate the result of your investigation to this Department to be transmitted to the Secretary of State.

By order of the Secretary of War:

J. A. CAMPBELL, Assistant Secretary of War.

[First indorsement.]

HEADQUARTERS DEPARTMENT OF HENRICO, March 13, 1863.

Respectfully referred to Captain McCoy, commanding C. S. military prison at Salisbury, N. C., for immediate answer.

JNO. H. WINDER, Brigadier-General.

{p.864}

[Second indorsement.]

HEADQUARTERS C. S. MILITARY PRISON, Salisbury, N. C., March 16, 1863.

John Carfoot was discharged from the C. S. military prison at this post January 3, 1863. His discharge was unconditional, he not being required to take any oath whatever, it being by order of the Secretary of War forwarded through Brigadier-General Winder’s headquarters.

H. MCCOY, Captain, Commanding.

[Third indorsement.]

HDQRS. DEPARTMENT OF HENRICO, March 18, 1863.

Respectfully returned to the honorable Secretary of War with the indorsement of Captain McCoy.

JNO. H. WINDER, Brigadier-General.

[Inclosure No. 4.]

HEADQUARTERS BRIGADE, Camp near Wilmington, N. C., March 13, 1863.

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

SIR: In reply to letter from the Secretary of War of 10th Instant asking information relative to the arrest and sending to Salisbury, this State, of one John Carfoot I have the honor to state that the man was arrested by our pickets and brought to me. Upon an examination of his case it seemed he either had had or was trying to have communication with the enemy. It was customary In detaining parties for them to be sent by me to department headquarters with a statement of the case and the evidence thereon and the commanding general determined what it was proper to do with them. I was in charge of the outposts and did not take final action in such cases. This statement is from memory. I am certain though that at the time he was sent up the evidence was sufficient for his detention and imprisonment or he would not have been. It has not unfrequently happened that from long delay the evidence in such cases has been lost. I do not remember anything of the man having been employed by our authorities.

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

R. RANSOM, JR., Brigadier-General.

[Inclosure No. 5.]

WAR DEPARTMENT, Richmond, Va., April 3, 1863.

Hon. JAMES A. SEDDON, Secretary of War.

SIR: I inclose an unofficial letter this day received from Capt. S. B. Waters, C. S. Army, Salisbury, N. C., in regard to John Carfoot late prisoner at that place respecting whom complaint has been made by the British consul. Captain Waters incloses a written statement of Carfoot showing that he had been previous to his arrest in employment of the Confederate Government.

Very respectfully, yours,

B. R. WELLFORD, JR.

[Sub-inclosure to No. 5.]

SALISBURY, N. C., March 30, 1863.

Mr. B. R. WELLFORD, Jr.

DEAR SIR: Inclosed you will find a written statement In John Carfoot’s own hand which will show you plainly that he was not only in {p.865} the employment of the Confederate States as an engineer but was also employed by our ordnance officer, Major Boone. I had him to write the statement himself in the presence of a witness. It was his own confession that I alluded to in my last letter to you, and if my affidavit is necessary I can give it to that effect. I go to Charleston on some business on Wednesday but will only be gone for a few days. In the meantime should you wish any further information you can write, as it will be but a short time ere I return.

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

SAMUEL B. WATERS, Captain.

[Sub to sub-inclosure to No. 5.]

SALISBURY, N. C., March 28, 1863.

I run as engineer on the steamer North State for Dibble and owned by Dibble & Brothers but employed by the Confederacy; and next I was employed by Major Boone on the repairs of some machinery; and next I run as engineer on the steamer Johnston owned by Pender, also employed by the Confederacy. I was still in Major Boone’s employ while the steamer run on Neuse River, but when we moved down to Fort Macon Captain Devine was our paymaster.

JOHN CARFOOT.

Attest:

his PETER x BOWLIN. mark.

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WAR DEPARTMENT, Richmond, Va., April 3, 1863.

Maj. Gen. S. G. FRENCH, Petersburg, Va.

GENERAL: Your attention is invited to the inclosed letter with the request that you will cause an early investigation to be made and have the grievances removed if you find that the complaints are well founded.

Your obedient servant,

JAMES A. SEDDON, Secretary of War.

[Inclosure.]

PETERSBURG, VA., April 1, 1863.

We the undersigned citizens of Fairfax County, have been confined in the Old Capitol Prison for some four weeks and were sent to Richmond for exchange. We have been at Camp Parole at this place for three days without having anything done in our case and scarcely anything to eat and nothing to sleep [on] or cover with.

Your earliest attention to this will be gratefully received.

Yours, with respect,

F. G. FOX, [And 11 others.]

P. S.-We wish to be sent to Richmond so we can form or join some company on the front.

[Indorsement.]

MODEL FARM, Near Petersburg, April 1, 1863.

DEAR SIR: I was at the camp of the paroled prisoners just now and had an interview with them, and when some of them mentioned you I advised this letter to you, and I beg to add my request that you will interest yourself in their behalf. They have been sufferers.

I am, respectfully,

R. COLLIER.

{p.866}

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Resolution of the C. S. House of Representatives adopted April 4, 1863.

Resolved, That a special committee of five be appointed to inquire into and report to this House as early as practicable-

1. What punishment if any in violation of law has been inflicted upon prisoners confined in Castle Thunder; the kind and character of the punishment inflicted by the officers of the prison.

2. How many have been killed, by whom and the circumstances under which they were killed.

3. That the committee have power to send for persons and papers.

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WAR DEPARTMENT, Richmond, April 6, 1863.

W. O. TUGGLE, Esq., La Grange, Ga.

SIR: In answer to your letter of the 23d ultimo you are informed that if you were actually in custody as a prisoner after your parole and made your escape from such custody you are entitled to join your command at once; but if you were enjoying liberty under your parole and were merely on your way to a place from which you might more easily reach home and abandoned the officers who were conducting you under an impression that you might be detained there you would be bound by your parole notwithstanding your escape. It is probable that your exchange has been effected ere this as there were no such orders as is represented in your letter.

Respectfully,

JAS. A. SEDDON, Secretary of War.

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MONTEREY, April 6, 1863.

Hon. J. P. BENJAMIN, Richmond.

SIR: Herewith you will find duplicate copies of the correspondence* between General Bee and Governor Lopez, of Tamaulipas (marked A, B, C and D), in regard to the parties abducted at the mouth of the Rio Grande on the 15th ultimo and reporting their return to the right bank of the river. E. J. Davis and three others, all that have come into General Bee’s possession and of whom he could obtain some information, are now in Matamoras. I hope that no serious consequences will ensue and that amicable relations will be continued. No news from the interior of Mexico.

I have the honor to be, your obedient servant,

J. A. QUINTERO.

* See Series I, Vol. XV, pp. 1128-1132.

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TARBOROUGH, EDGECOMBE COUNTY, N. C., April 7, 1863.

Mr. SECRETARY.

SIR: I write you a few lines asking you how a paroled prisoner is to know when he is exchanged for certain. Does the Richmond Enquirer give all the notices or not? Or where the enrolling officer gets his authority from. My sons were taken prisoners and I want to be certain of the exchange before they go back. I have asked some men and there seems to be a difference of opinion about it. I {p.867} also ask if they can leave the infantry and go to the artillery or not when they are exchanged, for one of my sons is not able to march. You will please to answer me soon. Direct your letter to Tarborough, N. C., Edgecombe County.

Yours, most obediently,

WILLIAM COKER.

[First indorsement.]

Notices are published in the newspapers and in general orders.

[Second indorsement.]

A publication is made in the Richmond papers of the exchanges which take place. All North Carolina prisoners taken prior to orders have been exchanged.

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HDQRS. DEPT. OF MISSISSIPPI AND EAST LOUISIANA, Jack-son, April 7, 1863.

Maj. Gen. C. L. STEVENSON, Commanding, &c., Vicksburg.

GENERAL: The lieutenant-general commanding directs me to send you the inclosed copies* of communications from the War Department and to say that he regrets that the tenor of your correspondence with Admiral Porter was not in accordance with his instructions; that hereafter your communications with the enemy will be guided by the considerations set forth in the indorsement of the President.

Very respectfully, your obedient servant,

J. C. PEMBERTON, Lieutenant-General, Commanding.

* See Series I, Vol. XXIV, Part III, p. 696.

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WAR DEPARTMENT, Richmond, April 8, 1863.

Lieut. Gen. J. C. PEMBERTON, Commanding, &c., Jackson, Miss.

GENERAL: Your letter of 26th ultimo asking instructions in regard to a negro captured on the U. S. steamer Mississippi has been received. In answer you are respectfully informed that the negro can be put to work in any of the workshops of the Government or on the fortifications or in any manner that may be regarded by you as advisable. The Department has determined that negroes captured will not be regarded as prisoners of war.

Very respectfully, your obedient servant,

JAS. A. SEDDON, Secretary of War.

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EXECUTIVE DEPARTMENT, Richmond, April 8, 1863.

Honorable SECRETARY OF WAR.

SIR: I am directed by the President to forward for your attention and the proper action the following copy of a resolution of the House of Representatives of the 4th instant:

Resolved, That the President be requested to cause this House to be informed whether or not any special efforts have been yet made to obtain the release from imprisonment of Surg. Joseph E. Dixon, of the Ninth Battalion of Tennessee Cavalry, commanded by Lieut. Col. George Gantt, Surgeon Dixon being now in close confinement in the military prison of Johnson’s Island, near Sandusky, in the State {p.868} of Ohio; and that the letter of Surgeon Dixon and that of Lieut. John W. Dunnington herewith presented be transmitted to the President for his consideration with a view to facilitating such action in the case as may secure the early release of Surgeon Dixon from his present state of captivity.

Inclosed please find the letters referred to.

Very respectfully, your obedient servant,

BURTON N. HARRISON, Private Secretary.

[Inclosure.]

JOHNSON’S ISLAND MILITARY PRISON, Year Sandusky City, Ohio, March 3, 1863.

Hon. H. S. FOOTE, Member of Congress, Richmond, Va.

DEAR SIR: Inclosed you will find a letter from Lieut. John W. Dunnington, C. S. Navy, which I hope will receive your kind consideration. Though a stranger to you I address you this letter hoping to interest you in my behalf that justice may be done myself and the Confederate Government, to which I claim allegiance and of which I expect protection. I am a Tennesseean, a citizen of the Confederate States and a surgeon in the army. I was appointed surgeon of the Ninth Battalion of Tennessee Cavalry, commanded by Lieut. Col. George Gantt, of Columbia, Tenn. The Ninth Battalion was mustered into the State service the last of November, 1861, and was transferred to the Confederate service between the 1st and middle of December, 1861. Lieutenant-Colonel Gantt’s battalion was at Fort Donelson and was included in the surrender which took place February 16, 1862, after which I was held a prisoner for four months, then unconditionally released as a surgeon. I went to my home near Columbia, Maury County, Tenn., where I remained a short time and then procuring the required passes, &c., I proceeded South to rejoin the army, &c. I had no trouble whatever until I arrived at the headquarters of General McCook (since killed) who commanded at Battle Creek. Upon examining my pass he consented for me to proceed, but after delaying some time caused me to be arrested and returned to Huntsville, Ala. From there I was sent to Camp Chase and from there to this island.

For seven long dreary months I have been an occupant of either guard-house or prison, an innocent sufferer. I have done nothing to justify the treatment I am receiving and I think certainly my Government is not aware of the outrage. I have appealed to the authorities at Washington time and again but all to no purpose. So far I have been denied either an exchange or release, the latter of which is due every surgeon as they are non-combatants and so far as I am aware is extended by our authorities to all Federal surgeons. My treatment would have been intolerable did I not have the pleasing satisfaction of knowing that General McCook who ordered my arrest has gone to reap the reward of his doings-a reward richly deserved by him and all others engaged like him in this unholy nigger war. Several gentlemen have left here on exchange who promised faithfully to represent the outrageous conduct of the Lincoln Government in disregarding previous agreements, &c. (in holding surgeons as prisoners, of which I am the unfortunate subject and sufferer), but they have failed to comply with their promise, which was a duty they owed their Government, or else the authorities at Richmond have disregarded the report and thereby neglected their duty in allowing a citizen and soldier of the Confederate States to be grossly imposed upon. I appeal to you as a Representative of Tennessee to use every means in your power for my release from prison. Urge upon the authorities an immediate demand {p.869} for my immediate exchange as the treatment I am receiving is unjust. Having every confidence that you will give a son of Tennessee your aid,

I remain, very respectfully, your obedient servant,

JO. E. DIXON, Surgeon, Provisional Army, C. S.

[Sub-inclosure.]

JOHNSON’S ISLAND MILITARY PRISON, Near Sandusky, Ohio, February 16, 1863.

Hon. H. S. FOOTE, Member of Congress, Richmond, Va.

SIR: You will excuse me for addressing you this letter when I state it is to claim your assistance and aid in getting released from this prison a much wronged Tennesseean, Dr. J. E. Dixon, of Maury County. Doctor Dixon was the surgeon of Col. George Gantt’s battalion, C. S. Army, and taken a prisoner at Fort Donelson a year ago this month. After a short imprisonment he was released to go South, a pass being given him through the Federal lines. He went to Maury County to see his family and there the Federal officer in command indorsed his permit and passed him through his lines. He had no trouble until he reached General McCook’s army at Huntsville. He showed his pass to General McCook who at first gave him permission to go South but soon after caused him to be arrested and placed in prison. He was shortly after sent to Camp Chase, Ohio, and from there to this place. He has been confined since July last, no charges being made against him. He was arrested with this pass in his possession. Although there have frequently been prisoners sent South for exchange he has never been permitted to go and sees no hope of getting away from this place. As he is a regular Confederate officer taken at the surrender of Fort Donelson he certainly is entitled to the protection and care of his Government, and I beg you as a matter of justice to a son of Tennessee and as a personal favor to me to insist that the Government demand his exchange at once. As I-am but slightly acquainted with you and probably unremembered, I will state that I am a brother of F. C. Dunnington.

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

JNO. W. DUNNINGTON, Colonel, Provisional Army, C. S., Prisoner of War.

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PRISON BOAT, Aquia, April 8, 1863.

Hon. JAMES A. SEDDON, Secretary of War.

SIR: I learn that Capt. Stephen Chester, of the Engineer Corps, Fifteenth New York, was arrested about two months since on the banks of the Rappahannock and is now in the Libby Prison, Richmond City. Since his confinement he has had lost or stolen from him his coat and all the money he had with him, about $200, and is in a state of destitution and want. These facts are given me by his brother, of General Berry’s staff, who as judge-advocate under a military commission has shown me as much kindness as is consistent with his duty. I feel it due to him as well as to the cause of humanity to acquaint you with these facts and to solicit an interest in behalf of Captain Chester. If advisable or proper I most respectfully ask that he be included in the next list of exchange for an officer of equal rank or such equivalents as may be agreed upon. Otherwise I hope it may accord with your views of propriety to allow his friends through any safe channel you may designate to send him such supplies of money or clothing as he may need. {p.870} Any communication respecting this matter addressed to Capt. William H. Chester, assistant inspector-general, care of General Berry, will receive immediate attention and be thankfully received.

Very respectfully, your obedient servant,

R. A. CLAYBROOK.

P. S.-My prison life here will close I hope now in a few days.

R. A. C.

[Indorsement.]

OFFICE EXCHANGE OF PRISONERS, Richmond, April 25, 1863.

Respectfully returned.

Capt. Stephen Chester, U. S. Army, Engineer Corps, Fifteenth New York Regiment, was sent North via City Point and flag-of-truce boat April 23, 1863.

RO. OULD, Agent of Exchange.

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HDQRS. DEPARTMENT OF SOUTHERN VIRGINIA, Petersburg, April 9, 1863.

Hon. J. A. SEDDON, Secretary of War.

DEAR SIR: On the receipt of your letter which I return that you may at a glance have the whole matter before you I directed Maj. W. H. Ker, adjutant-general’s department, to proceed to the Model Farm Barracks and investigate the alleged grievance. On the back of the letter you will find his report.

I have a great deal of trouble with these prisoners. Those that are not in service cannot be supplied with clothing until they are conscripted and mustered into service.

These men have the same clothing to protect them now that they have had ever since they left the prisons in the United States, and cannot be worse off with fires in the barracks than they were en route to this place.

Money paid to pettifogging lawyers I apprehend has often had something to do with the numerous complaints that come before you.

You may remember that the militia were called out and after all the trouble of mustering them into service and when the expense had been incurred and when they were rendering good service in guarding the paroled prisoners you caused them to be discharged, thus requiring me to take old soldiers from the field to relieve them.

That you may see the patriotism and influence that may have induced men to appeal to you for their discharge I inclose you a copy of a letter from the captain of the militia. You will perceive that Mr. Collier was hired to get you to discharge them.

He is also their agent to get them their pay and I am told by the captain has the power of attorney to draw it for many of them.

I have the honor to be, yours, respectfully,

S. G. FRENCH, Major-General.

[Inclosure No. 1.]

PETERSBURG, VA., April 8, 1863.

Maj. Gen. S. G. FRENCH, Commanding, &c., Petersburg.

GENERAL: I have investigated the matters referred to in the within letter and submit the following report:

J. N. Mills, A. B. Williams, G. W. Cook and Richard Richardson have been discharged; the other signers of the letter are retained at {p.871} the Model Farm [Barracks] for enrollment as conscripts. They receive the same rations as other soldiers but are without bed-clothing.

I am, very respectfully, your obedient servant,

WM. H. KER, Major and Assistant Adjutant-General.

[Inclosure No. 2.]

PETERSBURG, April 9, 1863.

Maj. Gen. S. G. FRENCH.

SIR: In answer to the inquiry whether or not the men of my company agreed to pay Mr. R. R. Collier for procuring their discharge from the service I will say that many of them did inform me that they had done so. The sums they agreed to pay I do not know.

Very respectfully, your obedient servant,

JOHN BATTE, Captain Company A, Militia.

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GENERAL ORDERS, No. 76.}

HEADQUARTERS ARMY OF TENNESSEE, Tullahoma, April 9, 1863.

...

IV. The general commanding has been informed that a free and unrestricted intercourse with prisoners of war has been allowed to the officers and soldiers of this army and citizens. This practice is most pernicious to the well-being and discipline of the Army. Such intercourse will not hereafter be allowed except upon written permission.

...

By command of General Bragg:

GEO. WM. BRENT, Assistant Adjutant-General.

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CONSULATE OF FRANCE AT RICHMOND, Richmond, April 10, 1863.

Hon. W. M. BROWNE, Assistant Secretary of State, Richmond.

SIR: I have received with the letter of the 5th of this month which you have done me the honor to write three copies of the supplementary report of the Secretary of War relative to the exchange of prisoners between the Government of the Confederate States and that of the United States. I thank you for sending the documents, which in conformity to the desire which you have verbally expressed to me will be transmitted by me to the Department of Foreign Affairs at Paris.

I beg you, sir, to accept the assurances of the high consideration of your very humble and very obedient servant,

ALFRED PAUL.

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Treatment of Prisoners in Castle Thunder, Richmond, Va.

Evidence taken before the Committee of the House of Representatives of the Confederate States appointed to inquire into the treatment of prisoners at Castle Thunder.

SATURDAY, April 11, 1863.

WILLIAM CAUSEY sworn:

I live in Elizabeth City County but have been in Richmond since January, 1861, employed as a detective in General Winder’s detective police force.

{p.872}

I know something of the treatment of the prisoners. They are put in huddles, sometimes 500 and 700 in one building. Sometimes they are treated well by the commandant and the wardens, but I have seen them severely punished. I have seen them tied by the thumbs and raised up on their toes. I don’t think theirs could have been very aggravated offenses; rather think it was for disagreements among themselves. I don’t know how long they remained tied up, but from the best information they were kept sometimes eight hours. I don’t know that any of the sick prisoners were thus treated. I saw a man handcuffed around a post, raised up at first and afterwards cut down when his blood had stagnated. I don’t know what offense he had committed. On another occasion a canteen of gunpowder was exploded in the prison room by some of the prisoners. The powder was collected from cartridges and was not much in quantity. I heard the report of it ten minutes after its occurrence and rode up to General Winder’s office with Captain Alexander. While in General Winder’s office Captain Alexander reported the circumstances of the powder explosion. I don’t know what the general said, but Captain Alexander went back to the prison and put the men down in the pen outside, where they remained two or three days. They had no covering and it was raining. The men in the pen were those in the room where the powder was exploded. Captain Alexander demanded the names of those who put the powder in the stove, and because the men refused to tell put them all in the pen. It was last fall, in the month of November I think. I heard of some of them dying shortly afterwards. They died after that I am positive, but I never knew their names. Prisoners guilty of bad offenses have irons on them generally, but I don’t think any of the men put in the pen had irons on.

I think two men have been shot at the prison since Captain Alexander has been in charge, and one on Franklin street at the guard-house. The man killed at the guard-house was shot while attempting to escape. In my opinion all could have been arrested without being shot. The desperate men were generally put in Castle Godwin. The soldiers picked up on the street are put in this prison. Castle Godwin is not part of Castle Thunder. Thunder was Godwin’s successor in cognomen after removal. The man shot a few nights ago at Castle Thunder certainly could have been captured without shooting. There is a standing order to shoot only if he cannot otherwise be arrested.

I have seen prisoners whipped, hut I don’t know by whose or what authority. I have seen men severely whipped on the buttocks with straps; don’t know how many lashes were laid on, but I should think about fifty. I only saw one whipping. On this occasion the officers were requested by Captain Alexander to go up into the prison room and see the men whipped. The whipping strap was secured onto wooden handles. They were made of harness leather or sole leather from eighteen inches to two feet in length. The blows were laid on about as hard as a man could do it. I have seen prisoners wear the same clothes for mouths until they were ready to drop off in rags. I think there have been instances of attempts to bribe the guard.

J. F. SCHAFFER sworn:

I reside in Richmond and am a detective in General Winder’s force. The prisoners are treated according to their behavior. Some of them I think have been cruelly treated. They were punished sometimes for fighting, sometimes for stealing. I have seen them whipped, one received fifteen lashes, another twenty-five and a third fifty lashes. The prisoner that received fifty lashes was pretty severely cut.

I know something about putting the prisoners out in the back yard. It was in November, and it was raining during a portion of the time. They were put there for exploding gunpowder in the building. The prisoners who were put cut were put there because they would not tell who did it. Some of those men died afterwards. I could not say who gave the order to put the men in the yard, but I suppose Captain Alexander ordered them to be put there. They had generally woolen clothes on. Two men have been killed in Castle Thunder and one in Franklin street guard-house. The man last mentioned was attempting to escape when shot. Of the other men one of them was a deranged man and was put in a cell. He got out of the cell and in attempting to get away was halted by the sentinel, but not heeding was shot by him. He was a Yankee prisoner brought from the Libby Prison and shot the same night. I have seen two men whipped in Castle Thunder, but it was done by order of the court-martial.

I have seen prisoners “bucked” for one or two hours. Some of them had attempted to escape, others had been insulting to the officers of the prison. Some of the prisoners are well clad and others very poorly. Some have no bed clothing. I have been connected with the prison over one year. I know the prisoners need clothing, and common decency requires that they should be better clothed. The prison is kept very clean-as clean as it well can be. The printed rules require this. I have never heard the officers of the prison abuse the prisoners unless the prisoners were refractory. One prisoner’s clothing is very frequently stolen by the others.

{p.873}

ROBERT B. CROW sworn:

I am a resident of Richmond and have been for forty years. I am one of the detective force under the provost-marshal or rather General Winder. Of the treatment of the prisoners at Castle Thunder I know very little except from hearsay, as my position does not require me [to go] beyond the office. I can recall an instance or two of their treatment. On one occasion I remember Captain Alexander had one of the prisoners whipped for garroting or robbing another prisoner. I did not see him whipped, but heard that he was whipped and I presume the captain gave the order to have him whipped. I do not know whether he was whipped on his bare back or not; I say I do not know it of my own knowledge, but I think he was. I know of the prisoners being turned out in the Castle yard but do not know what their offense was. It was in quite cold weather and rainy and they had nothing to cover them but the clothing they had on and no roof covering to shelter them. I do not know what their offense was; do not know what rations they had while out there nor whether they had bed clothing or not. The yard is an ordinary one, walled in; do not know how large it is. I know two or three prisoners to have been killed at the Castle. One was the case of a Yankee who was shot and the other case that of the deserter (Carroll) shot the other night in trying to escape. The one that was shot last was shot lying down, dragging himself along the balcony trying to get out. I was not present at the time. Some of the prisoners are well clad and others again are very indifferently clothed. The prison room is comfortable; there is a very large stove in it.

T. G. BLAND sworn:

I am from Louisiana and was former steward of the prison hospital. I went there on the 10th of November last and was relieved from duty on the 4th of the present month. In regard to the treatment of the prisoners confined there I myself was a prisoner four months in Fort Delaware, and from experience I consider the prisoners treated well there to what they are here. I consider them most barbarously and inhumanly treated. On one occasion ten or fifteen of the prisoners were brought out in a large hail, two of them accused of stealing from the prisoners. Two out of the number brought out were not whipped; they were sick I believe, and that was the reason. I do not think the whipping was done by order of the court-martial as Captain Alexander had the men brought out himself. The prisoners were stripped and whipped on the bare back, each receiving ten or twelve lashes laid on by the strongest man in Captain Bossieux’s company. The words Captain Alexander used while the whipping was going on were, “Lay it on!” They were whipped for stealing money; and as they were all hard cases, every one of them, some of them did steal it no doubt, but none had a chance of vindicating themselves. They were tied up to a post and whipped. The general treatment of the prisoners is very good but some of the officers of the prison treat the prisoners as though they were dogs instead of soldiers fighting in the common cause of the Confederacy.

Captain Alexander here suggested that the witnesses be kept separate from the witness delivering his testimony as customary in proceedings of the kind before the committee. The chairman of the committee said he judged the witnesses present were all honorable men and would not suffer their own ideas to be influenced by the testimony of a witness. He, however, yielded the point and all the witnesses except the one under investigation were sent from the committee room.

Mr. BLAND resumed:

I have heard of men being killed at the prison. I helped to put one in a coffin myself and sent the corpse to the undertaker. He was shot while trying to escape. I have seen men handcuffed around a large pillar and one of these I saw so punished was taken from the hospital. His offense was trying to bribe the guard. Neither had irons on them. The sick man was under the surgeon’s care then. He was handcuffed around the pillar between 5 and 6 o’clock in the afternoon, and when I got back to the prison at 11 o’clock the same night he was still there and I do not know how long after that. The worst characters in the prison are handcuffed and wear ball and chain; the others who are not so desperate are left to go free. Those tied up could not have been in for very serious offenses. I know the prisoners were put out in the yard and kept there for two or three days. Some of them were thinly and badly clothed and others were well clad. The citizen prisoners are generally clothed well and the soldiers poorly, having no change. Some of those exposed in the yard were brought up into the hospital afterwards sick with the pneumonia, and I heard the surgeon, Doctor Coggin, say that the exposure in the yard made them ill and nothing else. Several of them died in the hospital of pneumonia. The season was in November, with cold, rainy weather. I know of one direct violation of the Army Regulations of the Confederate States and that was in {p.874} regard to treatment received by myself. It was for disobeying an order of Captain Alexander. The order was to prescribe for a patient. I am not a graduated physician and it was against the orders of the surgeon in charge. I was ordered to a dungeon in which I could not stand up straight-a cell about six feet square. I had no chance to vindicate myself as I sent for Captain Alexander and he did not visit me. I was kept in the dungeon until the next morning. I have known prisoners to be kept there three or four days. I have seen on one or two occasions fifteen or twenty prisoners “bucked” and “gagged” at a time. The “gag” is effected by a stick inserted crosswise in the mouth, and the “buck” is to tie the arms at the elbows to a cross-piece beneath the thighs. They were generally ironed, wore ball and chain, and were charged with various offenses. I recollect now I only “gagged” one. I have seen the “barrel shirt” worn by a prisoner. The shirt is made by sawing a common flour barrel in twain and cutting armholes in the sides and an aperture in the barrel head for the insertion of the wearer’s head. The one I saw have the barrel shirt on wore it as a punishment for fighting. He was tied up by the thumbs to the roof and stood on his feet, wearing it one day and part of the next day. Do not know how much longer he wore it.

JOHN CAPHART sworn:

I have been employed with Captain Alexander eleven months on the detective force; seven months of that time I have been at the prison. I have never seen a prisoner harshly treated except by orders. It was really dangerous at times for the officers to go among the prisoners, some of them were such desperate characters. A new prisoner sent in among them was usually knocked down, beat and robbed if he had anything about him. I was off and on duty at the prison, sleeping there. One night I would be off duty and go to my room at 5 o’clock and another night at 10 o’clock. I remember the occasion of the difficulty between Captain Alexander and Mr. Bland. The captain gave him an order to render service to a sick child. Bland refused to obey and Captain Alexander again reiterated his order and Bland again refused with an oath. I then put him in the cell by the order of Captain Alexander. Bland was intoxicated on that occasion. I have seen men whipped at the prison by order of the court-martial and General Winder and by order of Captain Alexander through General Winder (by the latter generally), for stealing from prisoners and the maltreatment of prisoners. I have seen prisoners tied up by the arms. They were two men whom nobody could manage. They were not tied up by the thumbs. The whipping was all done with a leather thong or strap about two feet long. In regard to the barrel shirt I saw one of Captain Bossieux’s men walking in one by order of the court-martial.

MONDAY, April 13, 1863.

The examination of witnesses was resumed.

JOHN CAPHART, detective, was recalled to the stand.

By Captain ALEXANDER:

Question. Mr. Caphart, how many years of your life were you connected with prisons before you came with me?

Answer. Thirty-one years, sir.

Question. How does my treatment of prisoners compare with what you have seen in other prisons?

Answer. Very favorable. For offenses such as have been committed in the Castle by the prisoners they would be put in irons. As I said before, at one time it was dangerous to go into the prison room. It was necessary to observe great caution in going in among them. I did not feel safe unless I went with one hand on my pistol.

Question. Do you think you ever saw a worse set in any jail?

Answer. No; I never did. They would be ironed down to ringbolts in the floor for conduct such as I have seen at the Castle.

Question. They chain men down in jails then do they?

Answer. Yes; I have seen it done and helped to do it.

Question. You have been eleven months with me as commandant of Castle Thunder post; what is my manner and demeanor toward the prisoners?

Answer. Usually kind on all occasions. Men reported to you for misconduct you have sometimes imprisoned them.

{p.875}

Question. Have you not seen persons who came to the Castle spit upon by the prisoners from the windows and the sentinels cursed and abused?

Answer. Yes; I have seen it done many times.

Question: When prisoners are brought in under arrest and I am present, do I not attempt to discriminate and instruct the officers to separate and classify them and assign them different quarters according to their appearance or offense?

Answer. Yes; I have seen it done and know it was done.

Question. Do you know anything of the plot gotten up among the prisoners to assassinate me and other officers, set the board yard [fence] on fire and liberate the prisoners?

Answer. Yes; I heard of it and it is a well-established fact, and A. C. Webster who was hanged was the ringleader of the plot.

Question. And [after] all this when Webster was afterwards condemned to death what was my conduct toward him?

Answer. You cut and fixed his food and set up with him after he received his injuries in attempting to escape.

Question (by Mr. WARD, counsel for Captain Alexander). Mr. Caphart, tell the committee how James Tyree was treated by the prisoners when first put into the Castle.

Answer. Yes; I remember when Tyree was brought to the prison; he was dressed in a suit of black and looked genteel and nice. He was sent upstairs and put in one of the rooms. In a few minutes I heard a tremendous noise of shouting, yelling and hallooing mingled with cries. I went up as fast as I could and found Tyree all beaten and gory with blood and stripped to his drawers. He was se bloody and bruised that I could hardly recognize him. I rescued him and took him out from among the prisoners and they followed and crowded around yelling, “Let me at him once more, the son of a bitch; kill the son of a bitch,” &c. I carried him outside of the railing and the prisoners attempted to come over the railing after him. Tyree had nothing but his drawers on then. The clothing was never found.

Question (by the COMMITTEE). How many more cases of this kind do you know about?

Answer. I know of one case-an old man fifty years old who was beaten and died from the effects of it.

Captain ALEXANDER. That was a case of murder outright.

Question (by Mr. WARD). Did you ever see more lenient treatment by the captain of such incorrigible prisoners?

Answer. Never in my life, sir; never saw prisoners better treated. Such misbehavior elsewhere would have led to their close confinement.

Question (by the CHAIRMAN OF THE COMMITTEE). You say the prisoners are dangerous to each other and visitors?

Answer. Not now, sir; since the whipping.

Question. How many do the guards number?

Answer. Fourteen, or about that number.

Question. Did you ever know visitors to the prison to be attacked?

Answer. Yes, sir; always told visitors to look out when they went where the prisoners were. I have seen beef bones large enough to knock a man down thrown at visitors. Once the commandant and all of his officers had to retreat from a shower of beef bones.

Question: How long since were the prisoners so desperate?

Answer. Before the whipping of the ringleaders. The conduct of the prisoners has improved since.

{p.876}

Question. Were some of the men whipped brought from the room from whence the beef bones were hurled?

Answer. Yes, sir.

Question. What for?

Answer. For fighting, stealing and other offenses.

Question. How did you know they were the men?

Answer. They were pointed out by the other prisoners. The captain said be would have them all whipped unless they pointed out the guilty ones. They did se and the guilty ones stepped out.

Question. How many men were brought out to be whipped?

Answer. I think there were eight or ten.

Question. Were these men whipped for fighting?

Answer. Yes, sir; they were.

Question. How do you know they were the right men?

Answer. I do not know for certain whether the men whipped were the right ones or not, but the other prisoners said so. They were engaged among others and were pointed out by the other prisoners.

Question. How many prisoners were beaten in that fracas?

Answer. Several. One old man named Mitchell was beaten so dreadfully that he has been crazy ever since.

Question. Do you know the provocation for the fight, and was it inquired into?

Answer. I know of no provocation. The case was inquired into by Captain Alexander. There was a great change after the whipping. All was quiet and we could go in and out without molestation.

Question. How many rooms are there in the prison?

Answer. In the second story there is a large hall and beyond that a large-sized room where citizens and disloyal persons are confined, and on the third story is a very large room for the soldiers, and partitioned cells, or rather rooms, for prisoners tried by court-martial and prisoners awaiting trial by court-martial.

Captain ALEXANDER (to the committee). We get so accustomed to the men received at Castle Thunder that we know their character as soon as they come in and are thus guided in our disposition of them.

Mr. WARD (counsel for Captain Alexander, to the committee). Men are often received from the commanding officer of a company accompanied by an order running something like this:

Take this man and put him in a cell and feed him on bread and water till I send for him for he is one or the damnedest rascals in the world.

Captain ALEXANDER. Such irresponsible orders are never observed nor followed out, though.

Question (by the COMMITTEE). Was the whipping referred to by order of General Winder?

Answer. Yes, sir, it was. I carried the order myself from the general to the captain.

WILLIAM CAUSEY, detective, was recalled to the stand.

By the COMMITTEE:

Question. Do you know anything about prisoners who were whipped; and if so, whether they were Confederate volunteers?

Answer. Yes, sir; and I think they were volunteer soldiers, for there are no others there.

Question. Do you know what was their crime?

Answer. No, sir.

{p.877}

Question. Did not you hear something about a row among the prisoners?

Answer. No, sir; I only saw some men whipped.

Question. How long have you been a detective?

Answer. Since March last, twelve months ago. I left the Castle six or eight days ago and was transferred to the provost-marshal’s office.

Question. Up to the time you left were the prisoners there all Confederate volunteers?

Answer. Yes, sir.

Question. Were there any Yankee prisoners there?

Answer. Yes; there were some in the lower room, sent from the Libby Prison when it was full.

Question. What is Caphart’s character as an officer?

Answer. I should say he was rather rough.

Question. In his general deportment toward the prisoners is he humane or otherwise?

Answer. He was otherwise, I should think. He would curse them, shake his stick and talk of how be would serve them.

Question. From the tenor of his remarks would you suppose he would be gratified rather than humiliated at the chastisement of a soldier?

Answer. Rather gratified, I think.

Question (by Mr. WARD). Causey, don’t you think Caphart a good officer and detective?

Answer. I do not, sir.

Question. Did you ever hear Caphart exult over a man whom he thought was punished properly or justly?

Answer. I don’t know his thoughts. I can’t answer that question.

Question. From his conversation did you think he thought the men were justly punished?

Answer. No, sir; I did not.

Question. Did you ever hear him express any regrets that they were whipped?

Answer. No, sir.

Question (by Captain ALEXANDER). Do you know whether the prisoners whipped were Yankees or Confederate volunteers?

Answer. I think they were Confederate volunteers.

Question (by Mr. WARD). Have you been in the habit of visiting the prisoners?

Answer. Rarely or never except on business.

Question. Did you see the men whipped?

Answer. I did.

Question (by Captain ALEXANDER). How many lashes were given them, and did you hear the sentence of the court-martial?

Answer. I think it was by order of the court-martial.

Question. Where was the whipping done?

Answer. Upstairs.

{p.878}

Question. On what part of the body was the lash laid on?

Answer. On the buttocks I think.

Question. Did you see any prisoners tied up?

Answer. Yes; lifted up on their toes.

Question. Did you ever knock a prisoner down?

Answer. No, sir.

Question. Did you ever strike a prisoner?

Answer. Yes; after the prisoner struck me.

Question (by the CHAIRMAN OF THE COMMITTEE). What is Captain Alexander’s treatment of the prisoners generally?

Answer. He is sometimes kind and sometimes the reverse of kindness.

Question (by Mr. WARD). Do you know what provocation the captain had in thus speaking?

Answer. No; but I have heard him speak very snappish when prisoners were being put in. He expressed himself only in language.

Question. What was his language?

Answer. Well, something like, “Shove them in there” “Put them in there, God damn them.”

Question (by Mr. WARD). Did not the prisoners refuse to be put back sometimes and resist-so much so as to require the exercise of force?

Answer. I never had a prisoner to refuse to go in, but I have had them to resist me on the street.

J. F. SCHAFFER, detective, was recalled to the stand.

By the CHAIRMAN OF THE COMMITTEE:

Question. What is the deportment of Caphart toward prisoners?

Answer. I have known him to be very abusive, generally, when prisoners were impudent to him. I have heard him curse prisoners under arrest when they held back or resisted him.

Question. Did you ever see men tied up by the thumbs?

Answer. I have seen prisoners tied up either by the thumbs or the wrists It is called “trysting up” and is a sailor’s punishment.

Question (by Mr. WARD). Did you ever examine to see by which they were tied, the thumbs or the wrists?

Answer. No, sir.

Question (by the CHAIRMAN OF THE COMMITTEE). For what offenses were those you saw tied up?

Answer. For bribing the guard I believe. I don’t know whether they were Yankees or Confederate volunteers.

Question. Do you remember on a certain occasion when eight or ten men were whipped?

Answer. I heard it rumored-didn’t see it.

Question. Is Caphart’s conduct toward prisoners abusive?

Answer. No; except on occasions; he was rather kind.

Question (by Mr. WARD). Mr. Schaffer, don’t you think Caphart as good an officer as there is on the force?

Answer. I must say I have heard him abuse the prisoners very much. I have heard him use some very harsh language toward them.

{p.879}

Question (by Captain ALEXANDER). Who is the most passionate of the two, Causey or Caphart?

Answer. I couldn’t say.

Question (by the CHAIRMAN OF THE COMMITTEE). Is Caphart kind and humane toward the prisoners or the reverse?

Answer. I cannot say.

Question (by Captain ALEXANDER). You know him to be a kind husband and father don’t you?

Answer. I never saw him in the midst of his family so I cannot say.

ROBERT B. CROW, detective, was recalled to the stand.

By the CHAIRMAN:

Question. You know Caphart?

Answer. Yes, sir; I do.

Question. What is his general disposition; is he kind?

Answer. He is exactly the reverse of that.

Question. Did you ever hear him express any regrets for punishment inflicted upon soldiers?

Answer. No, sir; he rather exulted at it. I have heard him say, “Damn them, I’d take a knife and out them in pieces.”

Question. Does he treat them roughly or kindly?

Answer. Very roughly indeed.

Question. Without provocation?

Answer. He is generally rough; it is natural with him. I have seen him shove and push prisoners about as though they were negroes. I never heard him express any regrets but rather exulted at their treatment.

Question. How many prisoners are usually confined in the Castle?

Answer. Between 400 and 500; sometimes more and sometimes less. They are constantly being received and discharged.

Question. How often is it found necessary to punish the prisoners?

Answer. I don’t know. I seldom go up among the prisoners. I have seen whippings inflicted three or four times.

Question. Is it necessary to flog them as often as once a week? As often as once a fortnight?

Answer. I cannot say.

Question (by the CHAIRMAN). What is Captain Alexander’s conduct among the prisoners under his charge?

Answer. He is sometimes rough and sometimes pleasant.

Question. Have you seen him rough without provocation?

Answer. Well, the captain has a good deal to excite and provoke him, but I have seen him speak to and treat the prisoners harshly when I thought there was no occasion for it

Question (by Mr. WARD). Don’t you know that the captain has an excited manner and when he swears like a sailor oftentimes he does not mean anything?

Answer. I don’t know.

Question (by Captain ALEXANDER). Did you ever, Mr. Crow, regret a punishment you saw inflicted on a prisoner at the Castle and thought it was wrong?

Answer. I have, sir.

{p.880}

Question. Have not you, Crow, exulted over the seizure of liquor from poor women at the depots when you caught them smuggling it into the city?

Answer. Yes, sir; that was my business, sir.

Question (by the CHAIRMAN). Did you see the whipping of a man for knocking the eye out of another man?

Answer. Yes; I was ordered up along with other officers to witness it.

Question. Was it a powerful man who laid the blows on?

Answer. Yes, sir; about the strongest man they could get. They gave him I don’t know how many lashes.

Question. Was the thong made of heavy leather?

Answer. Yes, sir; a heavy, thick strap.

Question. Was the man whipped tried by the court-martial or was he lashed by Captain Alexander’s order alone?

Answer. I think it was by Captain Alexander’s order.

Question (by Captain ALEXANDER). Mr. Crow, do you like Caphart?

Answer. I do not, sir.

Question. Haven’t you had a quarrel with him?

Answer. I have, sir.

T. G. BLAND was recalled to the stand.

By the CHAIRMAN:

Question. Do you know Caphart?

Answer. Only since I have been at the prison.

Question. What is his general conduct toward the prisoners?

Answer. very rough and uncouth.

Question. Did you ever hear him express regrets at their harsh treatment?

Answer. No; on the contrary I always found him willing and assisting to carry out the tyrannical orders of Captain Alexander.

Question. Did he exult over it or appear gratified?

Answer. I can’t say as to that, colonel.

Question. How long have you known Caphart?

Answer. Four or five months I reckon.

Question. Were you present at the whipping of the two prisoners referred to by the other witnesses?

Answer. I was, sir.

Question. Who did the whipping?

Answer. Two men did the whipping; one laid it on light and the other very heavy. It was in the case of an old man named Mitchell who had been badly beaten or in a case of stealing money from prisoners.

Question. The prisoners you saw whipped, were they Confederate soldiers?

Answer. They were, and I don’t think they were whipped by order of the court-martial.

Question. Do you know anything of the case of George Wright, a deranged prisoner?

Answer. Yes. I found him lying down behind a door in the prison room mired in his own filth with no clothing on but a short swallow-tailed coat. He was completely {p.881} covered with scabs and vermin. Some of the prisoners said he had been lying there a week and more. I took him up into the hospital and treated him medically.

Question. What is Captain Alexander’s treatment of prisoners under his charge?

Answer. He is in some instances very kind, in others very different.

Question. With or without provocation?

Answer. I can’t say; but whether with provocation or not he might treat prisoners as an officer should treat them.

Question. Were you ever in the room where the prisoners are confined?

Answer. Yes; I was in there every day.

Question. Did the prisoners ever assault or throw beef bones at you?

Answer. No; not to my knowledge.

Question. Did you ever see them throw beef bones at anybody?

Answer. No; I never did.

Question. How many prisoners do you know to have been killed at the Castle?

Answer. I can’t say, as I was only there five months. One or two killed in that time.

Question (by Captain ALEXANDER). Mr. Bland, is there not a place in the Castle called the “sick bay,” where the warden puts the prisoners who need to be examined by time surgeon?

Answer. I know there is such a place.

Question. Is it not the duty of the surgeon to look after these sick cases and have them removed to the hospital?

Answer. Yes; it is his duty I believe.

Question. Have you not made threats of personal violence toward me?

Answer. I have not, sir.

Question. Don’t you know the cause of Wright’s dementedness or insanity?

Answer. Yes. Masturbation.

Question. When you were put in the cell by my order were you not possessed of a candle and a bottle of whisky?

Answer. Yes, sirs I was.

Question (by Mr. WARD). Was the cell not naturally lighted?

Answer. Yes; through the keyhole.

Question. Do you not harbor an animosity against Captain Alexander?

Answer. That makes no difference just now. I will tell you: Once the captain sent a negro boy with a bottle to the steward’s hospital room for a bottle of whisky. My orders were to give nothing of the kind out and I so informed Captain Alexander. He then wrote me an order for the whisky and I wrote in reply that it could not be done. Captain Alexander then sent for me to come to his room. I went to his room and there was a little dinner party going on. He asked me to sit down, and after I rose asked me to furnish whisky for the party and I told him I could not. He said: “Suppose a man was suffering from a broken leg and I was to order you to furnish whisky for his relief and you refuse; I would put you in the cell.” I was afterwards put in the cell for refusing to prescribe for a patient because I was not a graduated physician and knew nothing about the disease.

{p.882}

GEORGE W. THOMAS sworn.

By the CHAIRMAN OF THE COMMITTEE:

Question. Mr. Thomas, state what you know concerning the treatment of prisoners in Castle Thunder and any other circumstances bearing on this investigation.

Answer. I am from Henrico County and have been a detective to Captain Alexander since the 13th of March, last year. The general treatment of the prisoners I must say is good as far as my knowledge extends. Two classes of desperadoes are to be found In the Castle, one from far down south and the other from Baltimore; the “wharf rats” of New Orleans and the “plugs” from Baltimore. A third class is the inoffensive soldiers who are the great majority.

Question. Is in your opinion the conduct of the officials toward the prisoners humane and kind?

Answer. Generally kind except on occasions.

Question. On what occasion was that?

Answer. When the prisoners were put in the back yard as a punishment for outrages committed among the prisoners-robbing and beating the more inoffensive of them-I looked into the yard and seeing the prisoners suffering I reported the condition of the prisoners to Captain Alexander and he had them brought immediately. Some of the prisoners were warmly clad, but the more desperate of the prisoners generally stole the blankets from the others.

Question. Where did Captain Alexander receive his orders for the punishment of the prisoners?

Answer. From General Winder I think.

Question. How often were the prisoners put out into that yard?

Answer. Only on that one occasion that I recollect.

Question. Had they any blankets?

Answer. Some of them had, but the strongest and more desperate got them.

Question. Was there any covering to the yard to shelter them from the storm?

Answer. No, sir.

Question. What is your duty in connection with the prison?

Answer. I am a detective.

Question. Are all of the prisoners without blankets?

Answer. No, sir; not all. Men go in there and their blankets are taken from them by the desperadoes to make ropes wherewith to escape.

Question. Are there any benches or seats in the prison rooms?

Answer. No, sir; nothing of the kind; they would break and burn them up if there was.

Question. Have you seen men whipped there?

Answer. I have on one or two occasions-

Question. Was the punishment inflicted by order of General Winder?

Answer. It was by his order which was carried [out] by Caphart. There were eight of them whipped on one occasion. Some two or three were struck a dozen or more blows; others were let off with less.

Question. What other kind of punishment did you ever see inflicted there? Did you ever see prisoners wearing barrel shirts?

Answer. Yes, sir; I have.

Question. Did you ever see men tied up by the thumbs?

Answer. No, sir; I never did.

{p.883}

Question. Have you known men to be killed there?

Answer. Yes; several were killed there.

Question. Do you know the circumstances?

Answer. General Winder’s orders were after the discovery of the plot to escape to fire upon any prisoner thrusting his head from the windows in defiance of the guard or attempting to escape.

Question. Do you think the men shot and shot at could not have been recaptured without shooting?

Answer. I know of one instance myself in the case of Campbell, a deserter, who escaped and he led me a hard race. I fired at him twice and he would have escaped but for the guard coming up in his front.

Question. Do you know of any cases of whipping at the prison?

Answer. Yes; several eases. One case, that of an old man, Captain Alexander interested himself very much in because of his age and through his influence with General Winder got the sentence of the court-martial remitted.

Question (by Captain ALEXANDER). Thomas, do you think I am a cruel man?

Answer. No, sir; I do not.

TUESDAY, April 14, 1863.

GEORGE W. THOMAS was recalled.

By the CHAIRMAN OF THE COMMITTEE:

Question. Do you know anything of Caphart?

Answer. I am associated with him as a detective.

Question. Is he kind and humane?

Answer. I have seen him treat prisoners with unnecessary harshness and cruelty I thought.

Question. Do you think his rough deportment natural with him?

Answer. He has a rough way and is fond of talking.

Question. Does he seem to regret the punishment of any prisoner?

Answer. Caphart has filled the office of jailer to prisons for a great number of years and in the habit of dealing with bad fellows; he has perhaps grown callous and unfeeling.

Question. Have you ever heard him regret or exult over the punishment of any prisoner?

Answer. I couldn’t say he was a kind man especially to bad prisoners. Never saw him exult over the punishment of any man, even the hardest villains, with which he had to do. He viewed it in the light of a amoral corrective. Toward these he was rather rough. I have heard him curse them, but at such times he had provocation. The prisoners often brickbatted the sentinels; they never threw bones at me; they threw bones at Caphart because they hated him generally. He is not popular with the prisoners.

Question. If Caphart had been kind to them do you think they would throw beef bones at him?

Answer. I can’t say as to that. I have seen them throw missiles at the sentinels.

Question. How are the prisoners clad generally?

Answer. I have seen some badly clothed, but not more indifferently than at other prisons. Some of the prisoners steal from each other. To relieve their destitution after the battle around Richmond Captain Alexander sent Out men to gather up the clothing and blankets from the battle-fields to clothe the prisoners who were destitute.

{p.884}

Question. Was sufficient clothing obtained in that way to clothe all the destitute prisoners?

Answer. I can’t say that every one was furnished, but a great many were.

Question. Have you seen a prisoner with more than one suit of clothing?

Answer. Yes; some of them have, not many.

Question. Do you know such a man as George Wright, once a prisoner in the Castle?

Answer. Yes, sir; he was in the hospital when I saw him. His condition was very bad.

Question. Do you know anything of a deranged Yankee prisoner who was brought from the Libby Prison to the Castle and shot in attempting to escape?

Answer. Yes; he was brought from the Libby Prison for safe-keeping having attempted to get out of that place. He was shot at the Castle in attempting to run the sentinel. The sentinels had been changed and the sentinel who shot him did not know I think that he was crazy. I don’t know whether Captain Alexander was present there or not.

Captain ALEXANDER. No, Mr. Chairman, I was not at the Castle at that time.

Question. What officer received him?

Answer. I don’t know, sir.

Question. Was it not the duty of the officer who received him to notify all that he was deranged?

Answer. I think it should have been done.

Question. Have you seen barrel shirts worn by the prisoners?

Answer. Yes; two of them by sentence of the court-martial.

Question. When soldiers are arrested on the street and taken to the Castle is it customary for an examination to be made into the charges against them?

Answer. They are never arrested except without papers and the returns are made every morning to the provost-marshal and General Winder.

Question. Then you put them all in among the “wharf rats” of New Orleans and the “plug uglies” of Baltimore?

Answer (by Mr. WARD). If the committee will allow me I will explain that point. When men are arrested on the street and elsewhere and sent to the prison their papers are examined. If regular they are discharged; if irregular they are put back until a case can be substantiated or disproved. If the prisoners are sent by the provost-marshal or General Winder the commandant of the prison has no authority to discharge and they are put back. If at the expiration of a reasonable time their case remains undisposed of a letter detailing the facts is forwarded asking an investigation. Some prisoners have remained in the prison a long time it is true, the difficulty of getting testimony and collecting witnesses operating against an early investigation. Again instances have occurred where they have been taken out on writs of habeas corpus.

Question. Are not a great many soldiers taken up and confined there who have merely overstaid their furlough?

Answer (by Mr. WARD). Yes; men are sent there frequently from the provost-marshal or General Winder’s office with an order to this effect-“Confine these men and send them to their regiments,” and such men are sent daily to the army or to Sergeant Crow, at the barracks, or under a guard and escort of the commandant of the prison post.

{p.885}

Question. You turn the prisoners all in together; the desperadoes with the inoffensive soldiers?

Answer. There are four or five large rooms for their accommodation and we discriminate as much as possible in our classification of them.

Question (by Captain ALEXANDER). Mr. Thomas, have I anything in the world to do with the clothing of prisoners?

Answer. I think not unless it was a voluntary act.

Question (by Mr. WARD). Have you been in the Army; are not the prisoners in Castle Thunder clothed and fed as well as the soldiers now in the Army?

Answer. I should say fully as well.

Question. Has not Captain Alexander exerted himself to clothe the more destitute of them?

Answer. Yes; I know of many instances of it.

Question (by the CHAIRMAN OF THE COMMITTEE). Do you know Mr. Bland?

Answer. I don’t know much about him.

Question (by Captain ALEXANDER). Is Bland a drinking man?

Answer. I don’t know anything about him.

Question (by Mr. WARD). If prisoners were put in Caphart’s charge do you think he would beat them if they would go along quietly and peaceably?

Answer. I don’t think he would.

Question (by Captain ALEXANDER). Don’t you think there are as hard cases here as anywhere else?

Answer. Yes, indeed; it would be hard to match.

STEPHEN B. CHILDREY sworn:

By the CHAIRMAN:

Question. What is your position at prison?

Answer. I am the commissary of the prison.

Question. What is the general treatment of the prisoners confined there?

Answer. Good, very good; good as persons in the same situation could be treated.

Question. Did you ever see any whipping there without the authority of a court-martial?

Answer. I never saw any of the prisoners whipped.

Question. What is the general deportment of the officers toward the prisoners; is it kind?

Answer. As kind as could be expected. Of course harsh measures have to be used sometimes.

Question. What is the necessity or excuse for rough language?

Answer. Because they have some very rough characters to deal with. If they were treated differently they would run over them and take the prison.

Question. You have never seen any whipping, then?

Answer. No.

{p.886}

Question. Seen any other kind of punishment inflicted?

Answer. I have seen prisoners “bucked.” They were of the more desperate characters.

Question. Do you know of any prisoners being killed there?

Answer. I know of one man dying from the effects of a beating at the hands of some of the prisoners and I know of another who was shot by the guard in attempting to escape.

Question. Do you think it was absolutely necessary to shoot this man to have recaptured him?

Answer. I suppose it was.

Question. Was the man outside of the building when fired upon and killed?

Answer. No, sir; he was on the balcony of the second story on Cary street about jumping down. The sentinel was on the pavement below him.

Question. Do you know anything about a crazy man who was shot in attempting to escape?

Answer. Yes. I heard of the circumstance.

Question. Do you know anything about the case of George Wright, a prisoner, and his condition when sent to the hospital?

Answer. Yes; his condition was very bad. I furnished him with clothing but he would tear the clothes off his person.

Question. In what condition was he when removed to the hospital?

Answer. He was traveling about the prison like the other prisoners but in a demented state of mind. I gave him his food. No filth is allowed to collect in the prison. In is I will venture to say one of the cleanest prisons in the State. Captain Alexander is as particular in this respect as any man I ever saw. His usual disposition when not provoked is kind and urbane.

Question (by Mr. WARD). You are the commissary of the prison are you not?

Answer. I am.

Question. And as such you came in contact with the prisoners a great deal?

Answer. Yes, sir.

Question. From your knowledge what is the character of the prisoners, or some of them?

Answer. I consider them desperate indeed.

Question. Did they ever make threats toward you?

Answer. Yes; the whipping had an excellent effect on them. They are getting worse now again since the law was passed by Congress abolishing whipping in the Army. Something will have to be done to stop their insubordination.

Question. You know about the clothing collected by Captain Alexander for the use of prisoners?

Answer. Yes; I distributed the clothing to the prisoners. I am at liberty to sell them anything in the way of food, luxuries or necessaries; anything they want if they have money to buy. I consider their rations better in quantity and quality than the soldiers in the field.

Question (by the CHAIRMAN OF THE COMMITTEE). Do you know anything about the whipping at the prison?

Answer. I never saw any whipping although it was done.

Question. Do you know anything about the shooting of prisoners?

Answer. Yes, sir.

{p.887}

Question. Who gave the order to shoot the prisoners?

Answer (by Captain ALEXANDER). I gave the order to the sentinels based on the orders of General Winder. I was not at the prison when the shooting occurred, but it is a general standing order to shoot at prisoners cursing or abusing the sentinels from the windows.

Question (by Captain ALEXANDER). Mr. Childrey, do you consider me a cruel man?

Answer. I do not; but I consider you a positive man-one who wants discipline and orders carried out.

Question. How many poor women am I now feeding from the milk obtained at the Castle?

Answer. Yes; I know you are supplying a good many.

Question. Did I not start a hospital and place my wife in it to attend to the sick and wounded?

Answer. Yes; I know that, captain.

Question. And did the Government ever pay me one cent for my money expended?

Answer. Not that I am aware of.

BALDWIN T. ALLEN sworn.

By the CHAIRMAN OF THE COMMITTEE:

Question. What is your position at Castle Thunder?

Answer. I am warden.

Question. What is the treatment of the prisoners?

Answer. That is rather a comprehensive question. In answering it I must take into consideration the character of some of the prisoners. The commandant has found it necessary to enforce very rigid rules. If they had been less rigid he would have been unable to keep one of them there.

Question. Does Captain Alexander and the other officers speak kindly or roughly to the prisoners?

Answer. I don’t know of any officer being unkind to well-behaved prisoners.

Question. Have you seen whipping there without order of a court-martial?

Answer. I have seen whipping inflicted but whether with or without the order of a court-martial I cannot say.

Question. Do you know that General Winder gave the order or not?

Answer. I heard so; but I am not positive by whose authority it was done.

Question. Did you ever see any whipping?

Answer. Yes; I have seen fifty lashes laid on by order of the court-martial.

Question. Have you seen persons receive six, eight and ten lashes?

Answer. Yes; frequently.

Question. Were the men you saw whipped Confederate prisoners and soldiers of the Confederate service?

Answer. I think not. I think they were Yankee deserters.

Question. Were any of them Confederate soldiers?

Answer. I can’t say; but I can get the names to-morrow.

Question. Do you know anything about the killing of some prisoners?

Answer. Yes; last fall a Yankee deserter who was deranged attempted to run the guard and was killed. Another was killed recently in attempting to escape. His name was Charles Carroll and he was a Confederate soldier.

{p.888}

Question. Have you seen men wear barrel jackets?

Answer. Yes, sir.

Question. Have you known prisoners to be put out in the prison yard without fire or shelter in cold weather?

Answer. Yes; several months ago. Their offense was robbing and stealing, breaking windows and gross violation of the rules.

Question. How long did they remain there?

Answer. All one day and night and part of another day.

Question. Any other instance?

Answer. The next time the prisoners were put into the back yard it was in October or November. They had no covering or shelter except their blankets and clothing.

Question. You say you found out they were suffering. Suppose you had not taken them in promptly what do [you] think would have been the consequences?

Answer. I suppose they would have been cold. They could have stood it though. Our soldiers stand it. They had fuel to make a fire.

Question. Of those placed in the yard last fall do you know of any who were taken sick afterwards?

Answer. Some of them may have been sick but whether from that cause or not I can’t say.

Question. Did you ever see men tied up by the thumbs?

Answer. Yes once or twice I saw men tied by the thumbs.

Question. What was their offense?

Answer. Stealing, &c.

Question. Were they Confederate prisoners?

Answer. Yes.

Question. Who was one?

Answer. Martin Darby, a young man twenty-five years of age. He was tied up several hours.

Question. Have you seen men bucked there?

Answer. Yes, and helped to buck a good many of them myself.

Question. What was their crime?

Answer. For various offenses. And I may say here that all the punishment inflicted is necessary to keep up the discipline of the prison.

Question. Did you ever see the hands of any of the men tied up black from the stagnation of the blood in them?

Answer. Yes, I have frequently I think.

Question. Did you ever see men handcuffed and their hands bloody from the effects of the tying up?

Answer. Yes; one was named William Campbell. He slipped up his handcuffs to his elbows I believe to cause stagnation of the blood.

Question (by Mr. WARD). You are the warden?

Answer. Yes, and in that capacity I am generally among the prisoners.

Question. What is the character of some of the men confined there?

Answer. I consider many of them the most desperate men in the Southern Confederacy. It would not do to treat them leniently.

{p.889}

Question. Are not all picked up and put together in these rooms appropriated to the prisoners.

Answer. But we try to separate the quiet from the quarrelsome prisoners.

Question. Have you seen prisoners there with one suit on constantly?

Answer. A change of clothing is beneficial to the health and comfort of the prisoners but few of them had it.

Question. Is it a rare or common case for the prisoners to be whipped?

Answer. Rather rare; but it has had a beneficial effect whenever it has been done.

Question (by Captain ALEXANDER). They say you let George Wright lay for two weeks in the prison room sick without attending to his wants?

Answer. I think there must be some mistake about that. I go around every morning and call the breakfast roll, and when I find a man down by sickness I take his name and report him to the surgeon,

Question (by Captain ALEXANDER). I handle a great many prisoners do I not, but whipping is comparatively rare?

Answer. Yes, it is; for so many.

Question (by Mr. WARD). Are not the prisoners in the Castle constantly changing?

Answer. Yes; those there to-day are sent off to-morrow.

Doctor LUNDAY sworn.

By the CHAIRMAN OF THE COMMITTEE:

Question. State to the committee what you know of the condition and treatment of prisoners at Castle Thunder.

Answer. I know nothing particular about the military conduct of the prison. I have been there to get prisoners out and have received notes from the prisoners. I have been through the prison and hospital and the condition of the hospital and prison apartments were much better than I expected to find. Below there is a good conduit for carrying off the filth but the building is not well ventilated, but that is the fault of the building. The hospital is clean beyond comparison, and the surgeon from what I saw pays all the necessary attention. While there I saw an inclosure, the back yard, containing a large number of prisoners. They were in a most woeful state as regards clothing and comfort and I remarked that it looked like pandemonium. The prisoners were growling and cursing and I heard the clanking of the chains. One of them accosted me as I passed along and asked me to get him out. I saw Captain Alexander and asked him to let the fellow out. Captain Alexander remarked: “To keep order here I have had to kill ten men.”

(Captain Alexander here explained that he had used the expression “killed ten men” in a jocose manner in response to Doctor Lunday’s remarks.)

WEDNESDAY, April 15, 1863.

The examination of witnesses for the Government was resumed.

J. T. KIRBY sworn:

I am at present an inmate of Castle Thunder where I have been held a prisoner as a spy for some months past. I am an Englishman, a resident of Niagara, Canada, where I have a wife and children. I came through the lines on business with the Government which will be explained as I proceed. God knows I wish to go back there.

{p.890}

By the CHAIRMAN OF THE COMMITTEE:

Question. State what you know about the treatment of the inmates of the prison.

Answer. At times I have known Captain Alexander to be extremely kind to prisoners; at times the very opposite, extremely harsh and domineering. I have been the recipient of his kindnesses and on the contrary I have received treatment from him which to describe [witness excited] I would prefer being interrogated as I proceed.

CHAIRMAN OF THE COMMITTEE. Go on and give your testimony in your own way.

Question. Is Captain Alexander kind?

Answer. I consider him the very opposite of kindness and it is so as a general rule. I myself have experienced some of his inhumanity.

Question. What is the character of his usual intercourse with prisoners?

Answer. At times he is kind and at other times extremely rough and uncouth, then kind again and then rough as the fit takes him. Simply for going into the hospital by order of the surgeon in charge, Doctor Coggin, Captain Alexander threatened to put me in the cell. I was ordered to the hospital by the surgeon to be treated for an affection of the throat. I was requested or rather invited by Doctor Coggin to visit the hospital daily for medical treatment; also to while away a few moments of my confinement in pleasant conversation. This privilege was refused me by Captain Alexander with the threat if I violated his instructions he would put me in the cell. I am in the hospital now. I was taken from cell No. 3 last Friday and given the range of the citizens’ room. On Monday morning following while engaged in cleaning my teeth at the pump, the prisoner Campbell being present, Captain Alexander came up to his room. We were talking together of the captain and matters about the Castle, and as Captain Alexander came up I turned on my heel to enter my room saying to Campbell (suiting the action to the words), “I have no more respect for Captain Alexander than I have for my royal Bengal stern.” I immediately went to my room and the officers came and took me out and confined me again in cell No. 3, a room about fifteen feet square and one window therein which was covered with boards. I had belonged to a mess in the prison room and the mess resolved to supply me with my meals. Mr. Allen, the warden, refused to let me have the food sent me and sent it back. I wrote a note to the mess and learned that it was refused. I was not allowed to purchase anything from the commissary. I asked for rations and they were refused me. I had nothing to eat from Friday morning to Saturday, some time during the day.

Question. On what charge are you confined?

Answer. I have been in prison since the 8th day of November last on suspicion of being a spy. I applied for and obtained a writ of habeas corpus, and on the 6th of March Mr. Aylett, the counsel for the Confederate States, closed the case announcing that no evidence had been adduced to hold me on the charge. On the 11th of March judgment was rendered in the case by Judge Lyons and I was informed that I was at liberty to return to the North by flag of truce which I refused to do, &c.

Question. What is Captain Alexander’s treatment of the other prisoners under his charge?

Answer. Captain Alexander has his favorites. There are prisoners there whose sentences of court-martial condemning them to wear ball and chain have not been carried out. I know of two instances and others have been told me by the prisoners. Any person or prisoner could be Captain Alexander’s favorite if he would become his pimp. I could have been one I reckon.

Question. Relate what instances you know of sentences not being carried out.

Answer. I know of one young man who was sentenced by court-martial to wear a ball and chain whose sentence was not carried out. He was sentenced to ball and chain and hard labor. He was a fine young man and I assisted him to write a letter to the President of the Confederate States asking a commutation of the sentence. The charge against him was assaulting his superior officer and desertion. He was in the citizens’ room and never had the ball and chain on.

{p.891}

Question. Did you ever see any Confederate soldiers whipped there?

Answer. I have seen several whipping operations.

Question. Without the order of a court-martial?

Answer. I don’t know. One James McAlister I was told was whipped twelve lashes for being quarrelsome in the prisoners’ room. I have seen Yankee prisoners whipped for quarreling. I saw four whipped at one time. I was not where I could see at all times. I think two were whipped without the order of the court-martial. They were whipped on the bare back with a leather strap. Do not know that the lash drew blood; heard that it did in one instance.

Question. What other kinds of punishment have you seen inflicted?

Answer. I have seen prisoners bucked. One in the condemned cell was bucked for speaking to persons in the citizens’ room.

Question. How long do they remain bucked?

Answer. I have seen them part of two days in that condition.

Question. Have you seen men wear barrel shirts?

Answer. Yes; I have seen two prisoners with them on about the prison.

Question. Is the punishment of the shirt severe?

Answer. No; not painful; not so severe as either thumbing or bucking. The humiliation is greater than the punishment.

Question. Have you seen any thumbing?

Answer. Yes; I have seen prisoners tied up by the thumbs as high as they could reach on their tiptoes. They were tied with a small sized whip cord.

Question. How many hours have you known them to remain in that condition?

Answer. I have known them to remain in that condition from morning until night.

Question. Did you ever examine to see if any blood was drawn by the cord?

Answer. Once I did. The prisoner had pulled and loosened the cord and his thumbs were black and blue. He didn’t complain of pain but rather took it as a good joke. I have seen men tied up around a post so tightly that they couldn’t lie down or sit down. In one instance I was told that it was the orders of Captain Alexander that they should remain se all night but some of the officers had let them down se they could sit and lie down.

Question. What was the crime?

Answer. Attempting to bribe the guard I believe.

Question. Are the foregoing all the instances you know of?

Answer. They are all I can recall at present.

Question. How many prisoners were put into time yard on one occasion?

Answer. All in room No. 2-about one hundred.

Question. How long did they remain there?

Answer. For several days I think. It was in the latter part of November or December. Their offense was putting powder in the stove.

Question. Were any of them sick afterwards?

Answer. I cannot say but I understood some were ill from the effects of the exposure. They had neither covering, fire nor shelter except the high walls and it was raining part of the time.

Question. Did Captain Alexander give an order to have a fire built in the yard?

Answer. I never heard of any.

{p.892}

Question. How many days were they kept there?

Answer. Four or five I understood.

Question. Were any men shot at the prison?

Answer. Yes; I have heard of men being shot and shot at for putting their heads cut of the window. I myself was threatened with shooting. I know Captain Alexander gave an order to the guard to shoot me while I was looking out of an open window once. I drew down the window without moving my head and defied them. I remonstrated with Captain Alexander and told him my head was not outside of the window, and neither was it.

Question. Are there any female prisoners?

Answer. Yes; two I believe.

Question. Do you know anything of their treatment?

Answer. No; only what has been told me.

Question (by Mr. WARD). Mr. Kirby, where are you from?

Answer. From Niagara, Canada, sir, and have been confined eight months in the citizens’ room.

Question. What were you sent from that room for?

Answer. A difficulty I had with the captain I suppose. We were ordered to scrub and prepare the room for the visit of the inspection committee and the guard would allow but two of us to go to the pump for water at one time. I remonstrated with Captain Alexander, when he called me “a damned son of a bitch” and I called him “a damned coward.” I was put in the cell but that night ordered back to the citizens’ room. I apologized for my conduct.

Question. Then you were put out of the citizens’ room last Friday?

Answer. Yes; my difficulty with Captain Alexander caused it.

Question. You have a good room and a good bed?

Answer. Yes. The captain hasn’t taken them away yet but I am not indebted to him for my bed.

Question (by Captain ALEXANDER). You say I didn’t carry out the sentence of Leary who was condemned to wear ball and chain?

Answer. No; you did not.

Question. Did not you yourself petition the President for his reprieve? And did not you sit down in my office and write a letter to the President for Leary concerning his case? And did I not allow you to receive your meals from the hotels and faro banks and gave you many privileges not enjoyed by the other prisoners?

Answer. Yes, captain, you did all that.

Question. You say Mr. Allen’s treatment of the prisoners is inhuman?

Answer. He is generally intoxicated and it is the merest exception in the world that I ever got a kind answer out of him.

Question (by the COMMITTEE). What is your opinion of Caphart?

Answer. I consider him in all respects a vile, low, inhuman person.

Question. Do you find prisoners like kind and humane officers?

Answer. I have heard prisoners say they could have escaped at times when it was Mr. Riggs’ night on, but they would not do it for fear of compromising his character. All the officers are down on him. I have known the captain to treat him kindly and at other times snub him.

Question. Do you know Mr. Bland?

Answer. Yes; his deportment is generally kind.

Question. Do you know about the case of George Wright?

Answer. Yes; but I never saw him until I saw him in the hospital.

{p.893}

Question. Are you as a prisoner allowed to see persons from without the prison?

Answer. Once Hon. Mr. Boteler called to see me and I was refused an interview with him. I have sent for persons who have been refused to see me. I have been allowed to communicate with counsel several times under seal and this privilege was also stopped. I once gave a letter to Mr. Riggs to carry to the captain to read. He said it must go to General Winder and I gave it to Mr. Ward. On Sunday morning following, some four or five days after, Mr. Ward said he had given the letter to Captain Alexander.

Question. What became of the letter?

Answer. I don’t know, sir.

Captain ALEXANDER. Mr. Chairman, shall I send to General Winder’s and get it? The letter is on file there.

Mr. WARD. There is an order from General Winder that all communications from the prison shall go through his office. Accordingly all letters from the prisoners are put in a box and taken up to General Winder daily.

Question (by the COMMITTEE). What did you come here for, Mr. Kirby?

Answer. I had special business to the Confederate Government.

Question. Was that business made known on your arrival here?

Answer. It was.

Question. Are the authorities aware of your arrest?

Answer. They are.

JOHN SHEHAN sworn.

By the COMMITTEE:

Question. You are a prisoner at the Castle and a Confederate soldier?

Answer. Yes, sir.

Question. What is the treatment of the prisoners generally at the Castle?

Answer. In a majority of cases I think they are treated kindly. Men are whipped there. I have seen them whipped without the sentence of the court-martial. Captain Alexander I saw present at the whipping.

Question. How many lashes were laid on?

Answer. From six to eight lashes I should judge. They were laid on hard. The offense in one case was rioting and fighting in the prison room.

Question. Have you seen any bucking there?

Answer. Yes, and men whipped who were Confederate soldiers. The bucking was for the rioting in the prison. I have known men to remain bucked as long as four hours.

Question. Have you seen prisoners tied up by the thumbs?

Answer. Yes; I think so. He was a Confederate soldier belonging to Rodgers’ cavalry. His offense was thieving I believe.

Question. What about the prisoners put out into the yards?

Answer. It was in November and they were kept there several days. A few had bed covering. Some were in bad health when put out there and looked miserable enough. Some were sick immediately after their exposure and I remember of one dying in the hospital.

Question. Have you seen any men shot there?

Answer. Yes; one was Carroll who attempted to escape.

{p.894}

Question. Could he not have been captured without shooting?

Answer. He was in the act of getting out of a window onto the portico beneath which was the guard. I think he could have been easily taken without killing.

Question. Was there any investigation into the shooting?

Answer. I didn’t hear of any. I have known prisoners to be shot at for putting their heads out of the windows. The orders are to shoot them if they will not obey the sentinels. They have been told that often enough. I have put my head out of the window a thousand times and never was shot at.

Question. Have you got a cell or “sweat house” for the solitary confinement of prisoners?

Answer. Yes; it is a room about eight feet square. I was confined there once in irons. I could lay down. There are no windows. There is no protection from either the heat or cold.

Question. What were you put in the cell for?

Answer. For going out as corporal of the prison and getting drunk. I am in prison for being absent from my regiment without leave. My sentence will be out to-day or to-morrow. I have been in prison six months. I was there one month before any charge was preferred.

Question (by Captain ALEXANDER). You are a sailor are you not, Shehan?

Answer. Yes, sir.

Question. Is it not my habit to treat prisoners kindly?

Answer. No, sir; it is cruel and inhuman.

Question (by the CHAIRMAN OF THE COMMITTEE). What is Captain Alexander’s deportment toward prisoners?

Answer. Sometimes he is kind as can be and at other times he is the very opposite.

Question. You know Caphart?

Answer. I knew him in Norfolk. He has little to do with the prison. Never saw him arrest a man.

Question (by Mr. WARD). Has my conduct been kind?

Answer. Yes; you are a gentleman as far as I know.

Question (by Captain ALEXANDER). Have I not a great deal to provoke and make me angry?

Answer. Yes; I know you have. You have treated me well. I do not find fault with the harshness of the rules but it is impossible to keep so many men in perfect order.

CHARLOTTE GILMAN sworn:

I have been in Castle Godwin and Thunder going on twelve months altogether-the last time about one month.

Question. What are you in prison for?

Answer. I am a witness against George W. Elam for counterfeiting.

Question. What is the general treatment of the prisoners?

Answer. I have always been well treated. All the ladies there spoke of Captain Alexander in the highest terms. All like him. I know nothing of the treatment of the other prisoners.

Question (by Captain ALEXANDER). Did I not go to General Winder and get an order for your washing?

Answer. Yes, you did; you have been very kind, and you let me go out very often.

WILLIAM CAMPBELL Sworn:

I have seen no cruelty on the part of Captain Alexander toward the prisoners. I think I am the only one who ever suffered. I was among the number put into the {p.895} yard. I was also bucked and put in the yard. The charge against me is desertion. I am from Louisiana.

Question. Have you been tried by court-martial?

Answer. No, sir.

Question. How long have you been in prison?

Answer. Only one month the last time. I have escaped three or four times.

THURSDAY, April 16, 1863.

The examination of witnesses was resumed.

V. T. CRAWFORD sworn:

I am located in Richmond and am a practicing lawyer. I was admitted to the bar some eight months ago. I know nothing of the treatment of the prisoners confined in Castle Thunder, but I do know something of the conduct of its officers [towards those] who are called upon to visit the prison in a professional way. After I had visited the prison once or twice without interruption obstacles began to be thrown in my way. First, an order forbidding conversation between myself and clients without a third person in the shape of an officer being present. At another time I was refused admittance beyond the guard, and all the conversation I could hold with my clients had to be carried on through a wire gauze screen. At another time Mr. Ward informed me I would have to get an official permit from General Winder to see prisoners. I went to General Winder for the pass and after some delay I was furnished with a general pass which had to be renewed on the occasion of every visit. General Winder asked me about the prisoners I wished to see, and said there were some men there whom they did not wish to have counsel. I asked him what men? And he replied, “We have our rights and you yours,” and something more which I do not recollect. I have continued visiting the prison up to Tuesday last on a pass to be admitted at the discretion of the commandant. Day before yesterday I wrote cut a pass to admit me to an interview with two prisoners, George Summers and Lieut. George Brown. I carried it to Captain Winder in a back room at the headquarters and he signed it. Both of the men sent letters requesting to see me six days after that. I never got the letter. Inquired and found he had given it to Mr. Allen who said he had handed it to Mr. Ward to forward to General Winder. Went to General Winder but found no letter there. Eight or ten days after that the letter reached me.

Question (by the CHAIRMAN OF THE COMMITTEE). Did Captain Alexander obstruct your intercourse with the prisoners?

Answer. He told me to do my speaking to them through the guard.

Question-Did he know your visits were professional ones?

Answer. Yes; he was well aware of that fact.

Question. Were not some of your clients citizens?

Answer. Yes; one. A man named Weeks; was a citizen of Loudoun or Fauquier. He was finally tried and discharged after an imprisonment of four or five months.

Question. Do you know anything else bearing on the subject before the committee?

Answer. I know another affair which first raised my suspicions. I was called professionally to see a soldier named Miller belonging to Captain Thornton’s company, of Caroline County. I agreed to undertake his case for $50, and he said he would give that. Miller was discharged and when I saw him he said Mr. Ward had told him not to pay me the $50 fee, as he (Mr. Ward) had done more for him than I had. Previous to this Miller told Ward to keep a note for $65 and give it to me. I inquired for the note of Mr. Ward and it was not to be found.

Question. Did Miller pay Mr. Ward?

Answer. I cannot say that he did.

Mr. WARD (to the committee). I deny the statement Mr. Crawford has made. He called on me on one occasion and desired that I should solicit practice for him, or in other words take advantage of my position to drum up clients for him at the Castle. He said he understood {p.896} such a procedure was customary at the Richmond bar and offered to give me half of the proceeds of such a joint operation. I told him I would not be a party to any such arrangement; that it was unprofessional, and that a party who stooped to it would most certainly lose standing and position at the bar. I did say that in case Mr. Crawford was inquired for I would notify him of it.

DENNIS O’CONNOR sworn:

I was an inmate of Castle Thunder. I am paroled to report there until I make a choice of the branch of the service I shall enter. I prefer the Navy.

By the COMMITTEE:

Question. How were you treated while there?

Answer. I was taken up on the street late at night by the guard and sent to Castle Thunder as a supposed deserter. I had been drinking. I was put in a dungeon, a small room called the “sweat house” I was kept there from Thursday to Saturday at 3 o’clock when I was taken upstairs to be flogged by order of Captain Alexander. I was ordered to take off my clothes and I stripped. I was tied up by my wrists to a post and one of the members of Captain Bossieux’s company laid on the lashes and he would spring on his toes at every lick. Captain Alexander was present and told the man with the lash to lay it on to me. That was the only time I was ever whipped.

Question. Who arrested you?

Answer. Caphart arrested me. I don’t know anything about his general disposition as he never came among the prisoners much. He looked as if he would treat them rough if he bad anything against them. The prisoners all liked Riggs. He could go among them without molestation at all times. Mr. Mien, the warden, is a rough man. I was put into the yard along with the other prisoners. It was for exploding powder in the room. There was no danger of blowing up the building. It was done to frighten some North Carolina soldiers who were lying by the wall asleep.

Question. Did Captain Alexander find out the guilty parties?

Answer. No, sir; they were all put down into the yard because none would tell. The orders were to take no blankets or extra covering but some were lowered from the windows afterwards. Some of the prisoners were in bad health; several died from it and several were taken into the hospital.

Question. Had the prisoners any fire in the yard?

Answer. The commissary gave them some wood, a dozen sticks or so at night, but none in the daytime. I don’t remember the month, but it was in November I think. It snowed the first night and the next night it rained. The ground was not very muddy until our feet cut it up.

Question. Did you see any other whipping there?

Answer. 0, yes. I don’t know whether by order of court-martial or not. I saw ten whipped for being concerned in stealing one coat. All except one were whipped, and he was a Federal prisoner. The others were Confederate soldiers and two Yankee deserters.

Question. They were whipped because the coat could not be found?

Answer. They did not know anything about it I reckon. The coat was found. The prisoner who lost the coat selected the prisoners whom he suspected to be whipped. Captain Alexander was present and ordered the lashes to be laid on hard.

Question. How many lashes did they strike each?

Answer. Well, some six, some eight and some twelve.

Question. Have you seen any men bucked there?

Answer. Yes; for such offenses as disobeying orders, cutting the walls, transgressing the rules, &c.

Question. Is bucking severe?

Answer. No; not very severe.

{p.897}

Question. Do you know of any men being killed there?

Answer. Yes; several men were shot.

Question. Do prisoners who are confined in the sweat room suffer much?

Answer. There is air but no light and the fame is bread and water. I did not suffer for water. The corporal of the guard brought me water and I had a bucket for slops. I could go out once a day myself.

Question. When arrested were you taken before the provost-marshal or to the Castle?

Answer. I was taken to the Castle.

Question (by Captain ALEXANDER). I had your brother Thomas there once, O’Connor; what was my treatment of him?

Answer. Well, captain, you treated me rather rough.

Question. Are not all the prisoners glad to see me when I come among them?

Answer. Yes; because they wanted you to transact some business for them. Sometimes I wanted to get little things in, such as clothing, &c., and I could not get them; and persons wishing to see me have been denied I suppose by your order.

MARION C. RIGGS sworn.

By the CHAIRMAN OF THE COMMITTEE:

Question. What is your position at the Castle, Mr. Riggs?

Answer. I was warden.

Question. What is the deportment of Captain Alexander toward the prisoners confined there?

Answer. I have seen many instances of cruelty by order of Captain Alexander. I regard the treatment of the prisoners by Captain Alexander and his officers as cruel and inhuman.

Question. Have you seen men whipped there?

Answer. Yes, on several occasions; some I knew were not by the order of a court-martial. They were charged with stealing from other prisoners upstairs. Others were whipped for beating, breaking out of cells and interfering with the guard, &c.

Question. What number of lashes did they receive?

Answer. I have known as many as twelve to be laid on.

Question. Did you see any bucking done there?

Answer. Yes, and prisoners put into the back yard and kept there two or three days and nights in succession. It was in cold weather. Some were well provided with clothing. There was no sheltering except the wall and no extra covering. They were fed on bread and water during that time.

Question. Do you know of any men dying there after being taken out?

Answer. I know of none, though several were sick.

Question. The sweat house-do you know of men being confined there?

Answer. Generally men caught in attempting to escape were put in there on bread and water.

Question. What is bucking? Describe it.

Answer. It is a severe and degrading punishment. It is done by passing a splint across the elbows and tying them beneath the thighs after the manner of a calf going to market.

{p.898}

Question. Were any men shot there?

Answer. I recollect one man who was shot while rushing past the sentinel out of a cell. He was shot in the inclosed yard. He could have been secured without shooting. He was making his way upstairs and was fired upon at the foot of the stairs. He died in three or four days. He seemed to be insane.

Question. What was Captain Alexander’s deportment then? Did he seem to regret it?

Answer. I cannot say.

Question. What was the man’s name; was he a Confederate soldier?

Answer. I never could find out his name. It was in October or November, 1862.

Question. Was there an investigation into the shooting?

Answer. I do not know.

Question. Did Captain Alexander give orders to shoot men attempting to escape?

Answer. I never heard of such an order.

Question. Did you hear any regrets expressed among the officers for the shooting of this man?

Answer. Yes, several, but not Caphart or Allen. I heard the surgeon of the post wasn’t in, and sent for Doctor Rucker, a prisoner. I picked him up. He was crazy, and no mistake.

Question. Was it known that he was deranged?

Answer. I could tell he was. He was brought from the Libby Prison where he was fired upon for the same offense, and was killed at the Castle the day he entered.

Question. What is the general character of Caphart? Is he kind?

Answer. I would say not; rather brutal. I have known instances where he has been ordered to tie up and buck prisoners and he seemed to take a special pleasure in it. He would tie them up as tight as possible, and I myself have let them down. I never heard him curse prisoners, but have seen him shake his stick over them when brought in. I never heard him express any regrets for them.

Question. What of Allen? Is he kind and humane?

Answer. I never saw him use physical force. I have heard him curse the prisoners.

Question. Is there any difficulty in managing prisoners?

Answer. Sometimes there is insubordination. They never resisted me nor threw beef bones at me, and I was frequently among them.

Question. Do you think they would be insubordinate if kindly treated?

Answer. I don’t believe they would.

Question. Are you connected with the prison now?

Answer. I was discharged on the first of the month; it was said by the board or investigating committee to reduce force and expenses.

Question. Do you know at whose instance you were discharged?

Answer. I do not.

Question. Are persons allowed to see prisoners?

Answer. Yes, if they have passes.

Question. Do you know of obstacles being thrown in the way of attorneys wishing to see clients?

Answer. I have known instances. They are permitted to go in and stand at a screen window and talk through it.

{p.899}

Question. Do you consider Allen cruel?

Answer. Sometimes he is kind and at other times crabbed. I like him very much.

Question. Do you regard Captain Alexander as cruel?

Answer. I have thought his punishments more severe than the cases demanded. He always had some friend whom he shielded.

Question. Do you know of any cases where the captain has taken the responsibility of remitting the sentences of court-martial?

Answer. No, sir; I do not. I was connected with the prison six months and saw punishments once or twice a week.

Question. Hear of any complaints about food?

Answer. Yes, there were some complaints. There was plenty of food though; a pound of meat and a loaf of bread each. The floors were swept once or twice a day and washed once a week, generally on a Saturday.

Question (by Captain ALEXANDER). What are the characters of the prisoners confined there?

Answer. Very desperate fellows many of thorn. I saw the cases of Mitchell and Tyree who were beaten by them, and the men who were struck by a slung-shot.

The guilty were afterwards whipped by orders from headquarters, General Winder’s.

My position was on the same floor with the mass of prisoners.

Question (by Captain ALEXANDER). What is the cry when a new prisoner enters?

Answer. “Fresh fish!” They are then generally beat and robbed if they have anything worth while.

Question (by Mr. WARD). Has Captain Alexander been kind to you and the other officers?

Answer. Yes.

Question (by Captain ALEXANDER). Do you think I am unkind?

Answer. Yes; in some instances.

Question (by the COMMITTEE). When Captain Alexander sent the prisoners into the yard was it done by order of General Winder?

Answer. I don’t know that it was.

Question. Was it in the newspapers?

Answer. Yes; I think it was.

Question. Do you think Captain Alexander by nature a cruel man?

Answer. Yes; I consider his treatment cruel.

Question. What do the prisoners think of Captain Alexander?

Answer. I have heard him spoken of with disrespect.

Capt. CYRUS BOSSIEUX sworn.

By the COMMITTEE:

Question. You are stationed at the prison are you?

Answer. Yes, sir.

Question. What punishments have been inflicted there in violation of law?

Answer. I don’t know that I have seen any in violation of law. I know of whipping and bucking and men being put into the yard to find out the perpetrators of outrages on prisoners.

{p.900}

Question. Have you seen any tied up by the thumbs?

Answer. No; but I have seen them bucked. It is not severe, but is esteemed humiliating. I have seen men tied up to a post; I can’t swear that I saw them tied by the thumbs; but the punishment can either be made light or severe. I know one who was tied up for attempting to bribe my guard. The guard told me of it and I reported the case to Captain Alexander. Captain Alexander ordered him to be handcuffed and tied to a post. He sent for me and I examined his ropes. I loosened them and he was afterwards set at liberty. There were two connected in the bribing and they were Confederate soldiers.

Question. Do you know Riggs?

Answer. Yes; I do.

Question. Do the prisoners like him?

Answer. Yes; they do as one of the wardens.

Question. Do you know Caphart?

Answer. I don’t think him inhuman if prisoners don’t resist him hard; I don’t consider him kind by any means. On one occasion Caphart while having two prisoners-Dennis and O’Connor-in charge one of the prisoners knocked a guard down and Caphart ordered the guard to fire, which they did not do.

Question. Do you know of any men shot there?

Answer. One of my guard shot a man who was attempting to escape. The orders are not to shoot a man of whom there was a possibility of capturing.

Question. Were these orders from the captain?

Answer. Yes-but I don’t know that the orders were peremptory to shoot every one.

Question. Is there any necessity of shooting deranged men?

Answer. I did not see the shooting; never heard of that; I didn’t speak of that.

Question. Did you ever hear of orders to time guard by the military commandant of prisoners to kill them were they to put their heads out of the windows?

Answer. Persistent effort in that way would insure their firing upon because it was against the rules.

Question (by Captain ALEXANDER). The night that Riggs and Dillard had the fight Riggs says I was drunk; was he not drunk or under the influence of liquor?

Answer. I heard he was, sir.

Question. Do you think I am a cruel man?

Answer. No, sir; I do not think so.

Question. I have sometimes hard cases to deal with?

Answer. You have some of the hardest cases in the Confederacy. I have beard of no persons being privately punished; all openly, and exhibitions for the public.

Question. Has the captain no disposition to be cruel?

Answer. No, sir.

Question. Nor Caphart?

Answer. Good officer, sir.

Question. Ever see Allen drunk?

Answer. I have seen him in liquor.

Question. How many times have you seen Riggs drunk?

Answer. He was very drunk once from the way he acted.

Question. Did he get mania a potu?

Answer. I don’t know.

{p.901}

HENRY EDENBOROUGH sworn.

By the COMMITTEE:

Question. What are you?

Answer. I was a captain in the East India Royal Navy. I came through from Washington in November last. The Yankees had taken my papers and I was taken and locked up in Castle Thunder by order of the Secretary of War. I experienced there excellent treatment by Captain Alexander. I had a good room and opportunity to see the treatment of other prisoners. Never heard of harsh treatment; never experienced any myself. Any person who conforms to the rules will never be harshly treated. I have visited and commanded military prisons in Europe, in Naples, Sardinia, in 1860 and 1861; have visited and seen the hulks in India and China, and have seen nothing so lenient as at Castle Thunder in America. In regard to the rations I consider them fine. I got my meals sent frequently from the hotels, and dined there often, and always got more than I wanted. Nothing was refused to come in to any of the prisoners. Many small favors the prisoners were the recipients of. Men being sent off to their regiments were allowed to go into town under guard to get clothing. I have seen prisoners leave the prison who would take an affectionate and cordial leave of the captain and express regrets to him at parting.

Question. Do you know of any soldiers put in as comfortable quarters as you occupied?

Answer. Yes; the citizens’ room was very comfortable indeed, and I have seen men put there.

Question. Then it depends on general appearance and conduct how treated?

Answer. Yes; it depends upon behavior in a great measure.

Question. Did the Secretary of War order your release?

Answer. No; my arrest was by order of the Secretary of War, and my release was effected through the courts.

Question (by Captain ALEXANDER). Do you think me a cruel man?

Answer. No, not exactly; but you make men toe the mark.

Question. Did you ever see Riggs drunk?

Answer. Yes; he came in my room once very drunk.

Question (by Captain ALEXANDER). Have you been offered a position in the Confederate Army?

Answer. Yes; major of artillery.

Question (by the COMMITTEE). Then you consider the punishments at Castle Thunder humane in the highest degree?

Answer. Yes, I do; considering.

Question. Would you take it as a mild punishment to be stripped naked and whipped upon the bare back without the order of a court-martial?

Answer. Well, in the service I belonged to whipping was an ordinary punishment. It was not considered a great indignity in the English service to be whipped with a cat o’ nine tails.

Question. Is that all you know?

Answer. That’s all I know.

WEDNESDAY, April 22, 1863.

JOHN ADAMS sworn:

I am from this city and have been in Castle Thunder seven months for leaving my regiment without leave and going home.

{p.902}

By the COMMITTEE:

Question. What was your treatment there?

Answer. Well, I was treated pretty tolerably rough. The charge against me was never established. There was an attempt to bribe the sentinel and I was taken and handcuffed and ironed around a post and tied up by my thumbs with a rope, my toes just touching the floor. I was in that condition for one hour or more when Captain Bossieux came along and released me. Then I was, put into the sweat house, the floor of which was covered with mud and water. I was kept there two days and nights. It was in March, 1862, I think, and very cold. There was no dry spot in it. I could only stand up in it half bent.

Question. How were you fed?

Answer. I wasn’t fed at all. I got nothing except what I bought from the commissary. I happened to have some money. I was put into the back yard and kept there a day and a half. I was bucked once, with a relief of fifteen or twenty minutes at intervals.

Question. Were your wrists tied tight then?

Answer. Yes; I can show the scars of handcuffs on my wrists now.

Question. Were you ever before a court-martial?

Answer. Yes. I was sent to wear a ball and chain for six months and to be sent to my company. The reason I don’t go to my company is the captain wants me to stay here.

Question. Are your thumbs swollen from the tying up?

Answer. Yes; it was very painful. I have seen others tied up like me.

Question. Have you seen parties whipped without the authority of a court-martial?

Answer. Yes; some five or six. Their offense was stealing from other prisoners.

Question. How many lashes did they receive?

Answer. Some five or six and some more. Captain Alexander was present and said once: “Damn him, give him hell; if he don’t need it now he will.” He seemed to take delight in punishing us and he had a very rough manner in the administration of his punishments.

Question. Has his general deportment been such that you consider him cruel and inhuman?

Answer. Yes, I do; and I think it gave him pleasure to punish the prisoners.

Question. Do you know anything about the shooting of men at the Castle?

Answer. Yes-I know of the man who was shot at for sitting in the window. The sentinel ordered him to get cut of the window. I don’t know whether he got out or not, but he fired and put a buckshot through his hat.

Question. Was that by order of Captain Alexander?

Answer. I have heard him tell the sentinel to shoot the first man who put his head out of the window.

Question. Do you know Caphart?

Answer. Yes, sir; and he is no gentleman. He is a harsh and cruel man. Mr. Allen is rough spoken and I have heard him speak so when a kind word would have done as well.

Question. Did you ever see Mr. Allen drunk?

Answer. I have seen him out of the way four or five times; never saw him so far gone that he couldn’t attend to his business.

Question. Do you know Riggs?

Answer. Yes-he is a kind man and all the prisoners like him.

{p.903}

Question. Do you know prisoners who like Captain Alexander?

Answer. Yes; some speak in favor of him.

Question. Do you think if Riggs had commanded there you would hear of any fighting or throwing of bones?

Answer. I don’t believe they would; we would get along well. I never heard of prisoners who had made their arrangements to escape and would not because it was Riggs’ night on.

Question (by Mr. WARD). When you were tied up by the thumbs did you not ask me to let you down?

Answer. Yes; you let me go.

Question. Wasn’t the rope around your wrists and thumbs and over the nail and not around your thumbs?

Answer. I don’t recollect now.

Question. What about your attempt to bribe the guard?

Answer. The money was sent to me for that purpose. I had not been accused of stealing.

FRIDAY, April 24, 1863.

The testimony for the defense was commenced. Mr. Farrar, M. D., made a statement of facts that fell under his notice while visiting the Castle in the capacity of one of the medical committee appointed to inspect the sanitary condition of the prisons and hospitals. The impression made upon his mind was that every care was taken of the prisoners that it was possible to take. This feature and the well ordered condition of everything about the prison was remarked by all the committee.

Capt. JACKSON WARNER, assistant quartermaster and assistant commissary, sworn.

Question. How long have you known Captain Alexander?

Answer. Since June, 1861-never before.

Question. Did you ever see him intoxicated?

Answer. I never saw him drunk but I suppose he drinks sometimes. I always found him attentive to his duties. I see him twice a week or oftener. I never saw or heard of him being drunk.

Question. What do you think of his treatment of prisoners?

Answer. I know nothing of his associations with the prison. I never heard him curse in my life. Think he is a member of church.

Question. Did you ever see him treat a prisoner roughly?

Answer. Never in my life.

Question. What are your ideas of the management of the prison?

Answer. I always thought the prison was managed well, and I have had opportunities to see and know. I have no prison experience myself.

Question. How long have you known Captain Alexander?

Answer. Since June, 1861; and since that time intimately so.

Question. Do you know any instances where Captain Alexander showed kindnesses to prisoners?

Answer. Yes, I do. In the case of Mr. L’Hommedieu, my clerk. He was put into the Castle for drunkenness. He had a sick wife at home and I went to Captain Alexander and stating the case asked him to let him go home and I would be responsible for his return. He did se and the next morning he reported. He was again arrested when sent to his regiment and again released on his parole by Captain Alexander upon a statement of facts I represented to him.

{p.904}

Question. In what room was he confined?

Answer. In the room in which time clerk slept so he told me.

Question. Do you know anything in regard to the case [waste] of Government property?

Answer. I never saw any waste. If waste had existed I would have taken notice of it as it is my business.

WILLIAM F. WATSON, C. S. commissioner, sworn.

Captain ALEXANDER. Judge, some complaints have been made of my treatment of lawyers coming to the Castle on business. You have been there frequently; tell the committee how you were treated and how I deal with the profession.

Answer. I am a practicing lawyer and have frequently called at the Castle on business. I have always been treated by Captain Alexander with uniform kindness; not only by the captain himself but by all his officers. I had no difficulty at all in gaining access to the prisoner I wished to sec. All I had to do was to go [to] the proper officer and they were either sent down to me or I up to them. So far as the character of the majority of the prisoners are concerned I must say, to express it in common parlance, they are a hard crowd. It must require great coolness and determination to manage them. I as commissioner have had some of them before me.

Question. Do you regard time captain as a cruel maim?

Answer. No; I should say be was rather of a kindly disposition, rather impulsive. He can manage by an appeal about as well as any official I know.

Question. Do you think Captain Alexander a man not to be swayed from his purpose?

Answer. I consider him impulsive but positive; one to do a thing under the excitement of a moment.

Question. Do you think the prisoners could be managed better under a milder or kinder man?

Answer. Mild men are not always the best for such posts; a little blending of the severe is better.

JOHN DE BUTTS. M. D., sworn.

I am surgeon of Castle Thunder Hospital. Se far as I have opportunities of observation I regard the management of the prison as good, very good. I have never had any prison experience before

By Captain ALEXANDER:

Question. Have I not told you, doctor, that your orders in regard to the sick were supreme?

Answer. Yes; you have told me so.

Question. Do you think I am a cruel man?

Answer. I never saw any cruelty practiced by you.

Question. Doctor, what was Mr. Bland discharged from the post of steward of the hospital for?

Answer. Moral incompetency I call it.

Question (by the COMMITTEE). What is moral incompetency?

Answer. He was in the habit of appropriating the hospital liquor to his own private use. No one else had access to it for he had the key. I don’t know how much was taken but a great deal more was used than went to the patients.

Question (by Captain ALEXANDER). Is Kirby, the prisoner, comfortably fixed now?

Answer. Yes; he has the best room in the prison; the best ventilated and situated.

{p.905}

Question (by the CHAIRMAN). Has Kirby the privilege of buying his meals?

Captain ALEXANDER (to committee). Gentlemen, I wish to prove by Doctor De Butts that I never refused an appeal of sickness. When a man is to be branded I direct the surgeon to indicate where the iron is to be placed and when men are sentenced to be whipped the lashes are remitted if in the opinion of the surgeon the party’s health is unequal to the punishment.

Question (by the CHAIRMAN). Do you know of any prisoners being placed in the yard of the Castle?

Answer. Yes; a number were confined there. They were brought in at night. I knew nothing of the whipping; never saw it done. I know of one man who escaped and was shot, and another was shot at for blackguarding the sentinel. His face was lacerated by splinters and I dressed it for him.

Col. ROBERT MAYO, member of the Legislature from Henrico County, sworn.

Captain ALEXANDER. You have known me a long time, colonel; tell the committee what you know of me.

Answer. My first acquaintance with Captain Alexander was on an occasion of a visit to him in his official capacity in relation to some abuse near my residence, which he speedily caused to be corrected. I found him pleasant and kind. This was when he was at Castle Godwin. When he moved down to Castle Thunder I saw him oftener. A great many of my neighbors were in the guard and I was frequently called to see prisoners. I often remarked that I never saw se many prisoners together under the same circumstances kept so orderly. They were as sprightly as any people I ever saw. It was wonderful to me.

Mr. WARD. Colonel, tell about the shooting you saw there.

Answer. One day I was about going into the Castle; a sentinel was about shooting a prisoner at a window for a violation of the rules when Captain Alexander interfered, ordered him to desist-not to shoot; that he would order the prisoner to be put in irons instead. I saw two prisoners shot at the Libby Prison, but Captain Alexander had nothing to do with that.

Question (by the COMMITTEE). What other kinds of punishment did you see there?

Answer. I saw prisoners wearing a barrel shirt, but that inflicts no pain.

Question. Is it not degrading to the soldier?

Answer. The one I saw did not think so; he was jesting about it.

Question (by Mr. WARD). From your knowledge of Captain Alexander and his treatment of prisoners, do you think him a cruel man?

Answer. I do not consider him a cruel man, by no means. If the prisoners conduct themselves well there is no trouble whatever.

Question. Do you know Mr. Childrey?

Answer. Yes, and a more honest and correct man cannot be found in the city of Richmond. I also know Mr. Caphart and Mr. Thomas, another officer at the prison and one of my neighbors. I have seen them all in the discharge of their duties and found them very attentive. I have called on Captain Alexander to send a squad of men to my neighborhood when disturbed and peace has been restored.

Capt. THOMAS P. TURNER, commandant of the Libby Prison, sworn.

By Captain ALEXANDER:

Question. Captain, describe in your own terms your ideas of my treatment of prisoners.

Answer. Well, I regard the prison as exceedingly well regulated; the discipline maintained has been good while the character of the inmates is the worst in the land. I regard none of the means employed to control them too severe or unnecessary punishment.

{p.906}

Question. What kind of punishment do you inflict when any is necessary?

Answer. For slight offenses I make them “mark time” and for graver offenses I buck them.

Question. Your prisoners are Yankees and not Confederate soldiers?

Answer. Yes, sir; all of them.

Question (by Mr. WARD). You have sent your worst cases to the Castle have you not?

Answer. Yes, I have.

Question. Is the order to shoot an escaping prisoner a standing order?

Answer. No; I make my own orders and have them approved by General Winder. I would allow no man to be shot who could be caught without shooting.

Question. If a prisoner was to attempt to escape from your prison by running upstairs as one did at the Castle would you consider it the duty of that sentinel to shoot him?

Answer. Not unless that man was about to escape and there was no possibility of capturing him.

Question. Well, does a prisoner ever escape by running upstairs?

Answer. Not in my prison, sir.

Question. Would you investigate a case of the kind?

Answer. Yes, certainly, and report the facts to headquarters.

Question. Did you send a deranged man to Castle Thunder and who was killed there in attempting to escape?

Answer. No, sir; it was done by my predecessor.

Question. If a deranged man was brought to your prison would you not consider it your duty to warn all hands that he was deranged in order to guard against accidents or to confine him?

Answer. It would be very difficult to know what to do with him. The deranged man, Silas Richmond who was killed at the Castle was a Yankee. He passed the guard several times in my prison, but the guard understood he was crazy. As for keeping the prisoners in the yard at the Castle over night I don’t know anything about that.

SATURDAY, April 25, 1863.

The testimony was resumed for the defense.

Capt. THOMAS P. TURNER recalled.

By Mr. WARD:

Question. Were you ever present at Castle Thunder when punishment was being inflicted?

Answer. Yes; I witnessed one whipping not by order of court-martial. I think General Winder authorized it. Three were whipped I think for maltreatment of other prisoners, stealing, &c. The lashes were laid on tolerably hard, one receiving twelve and the other six, and a third only three lashes. The lashes were laid on with a leather strap about eighteen inches long and weighing about one pound and a half. The lashes were laid on tolerably hard but left no mark; the skin was not broken. Captain Alexander had been instructed to administer twelve lashes, but he used his own discretion and lessened the number. After it was over he congratulated the prisoners on the manliness they exhibited and said he was sorry the necessity for the infliction of such punishment existed.

Question. Did you hear Captain Alexander say “Lay it on harder?”

Answer. No, sir. They were tied up by the wrists around a post except one who said he could not stand it and he was allowed to clasp his arms around the post. {p.907} The above was the only punishment I saw inflicted there. I know Captain Alexander well, am often with him and regard him as a kind man.

Question. Is Captain Alexander temperate?

Answer. I never saw him intoxicated in my life. I have seen him drink. He is a sociable man and will take a drink with his friends.

Question. What is the character of the inmates of the Castle; are they mutinous?

Answer. Their characters are various; some of the most desperate men in the Confederacy are there. I was for a time the officer of that post and all passed through my hands. Once I ordered the arrest of two of my guard and sent them to the Castle. They were no sooner put in the prisoners’ room than they were set upon, beat, their clothing torn off and robbed of everything. The offenders in this offense were whipped. I don’t think there is a cleaner prison anywhere. It is kept remarkably neat and orderly.

Question. Did you ever hear any complaints respecting Captain Alexander’s conduct?

Answer. No, sir; not until this committee met. I know he is a strict disciplinarian and keeps things straight around him. His punishment is not more stringent than necessary I suppose. At my prison where all are Yankees I have no need for such modes of punishment. No robberies are committed among the prisoners for their money is all taken away from them when they enter and given back to them when they leave. This is to prevent bribery.

Mr. WARD. This plan was for some time in practice at the Castle, but the prisoners would hide it about their persons and in their boots.

Question. Have you any instances of bribery?

Answer. No; nothing positive though there have been attempts.

Lieut. DENNIS CALLAHAN sworn:

I am the adjutant of the Castle and have been there three months.

By Mr. WARD:

Question. What is the general treatment of the prisoners?

Answer. In my opinion judging from the time I have been there the prisoners are treated as well as they could be under the circumstances.

Question. What is the character of the prisoners?

Answer. Some of them are of very bad repute. I have seen whipping and bucking as punishment for stealing.

Question. Are not the prisoners fed on soldiers’ rations.

Answer. Yes; and as far as I know they get more to eat than our soldiers.

Question. Are not the soldiers among the prisoners as well dressed as the soldiers in the field?

Answer. As a general thing I should say they were. The captain has interested himself in obtaining clothing from the Government authorities.

JAMES JENNINGS sworn:

I have been six months in the Castle and am from Maryland. I left my company on sick leave and was walking around getting well when arrested. I broke cut after two months’ confinement and started for my company and was arrested and sent back, my company being disbanded.

By Mr. WARD:

Question. Have you been kindly treated?

Answer. Yes; as well as could be expected.

Question. Have you been punished?

Answer. No, sir; I was put in the cell four days; I thought that perfectly right. It was for writing a letter and sending it out of the prison without submitting it to {p.908} the captain. The cell is not a comfortable place; it is dry but cold. I suffered from the cold and was fed on bread and water. I think I was kept there five days. I thought the letter would go quicker and surer by sending through private hands. I am seventeen years old. I don’t know what I am detained for.

JOHN DOYLE sworn:

I have been in the Castle now four weeks. I don’t know Captain Alexander; would not know him if I was to see him. I am treated as well as the others, I reckon. I never was punished; in fact I don’t deserve it I was shot at once in the window, or at least I thought I was shot at; but I don’t believe he intended to hit me, for I don’t deserve it.

By Mr. WARD:

Question. Didn’t a shot go through your hat?

Answer. Can’t tell; there is a hole through it.

JAMES MCALISTER sworn:

I am a seaman and came from Wilmington, N. C. I came here when the war broke out. I have not been treated by Captain Alexander as a man should be treated. I have been tied up and flogged like a negro.

By Mr. WARD:

Question. How many lashes did you receive?

Answer. Twelve I think, and by Captain Alexander’s order they were laid on as hard as I could well have stood it.

Question. Was the blood cut out of you?

Answer. No; but I was black and blue and was sore for a month afterwards. I was whipped with a strap three inches wide and the blows were laid on by Caphart. I have been bucked for four hours in front of the office entrance where everybody could see me. Bucking is not painful but it mortifies and makes one ashamed.

Question. Do you know of any other punishments?

Answer. Yes; I was shot at once for standing at a window and looking out, The ball passed my head and went up through the hospital which was full of patients.

Mr. Wynne, doorkeeper of the House of Representatives, detailed before the committee some circumstances of his treatment at the prison when line went down to summon some officers and the purport of his conversation with several witnesses, which not being to the point here is omitted.

MONDAY, April 27, 1863.

Hon. Judge OULD sworn.

By Captain ALEXANDER:

Question. You, as judge-advocate of the court-martial, can give the committee some idea of the character of the prisoners?

Answer. The most of the cases brought before me were cases of desertion, coupled with theft and cases of insubordination.

Question. Do you think I am a cruel man?

Answer. I do not know about that. I do not think you are.

Question. What do you think about me carrying out an order?

Answer. Being a military man you would see any reasonable order carried out. I have conversed at times with persons who have been in Castle Thunder and have questioned them as to their treatment there. Never heard them mention any cases of cruelty but generally the reverse. There has been half a dozen sentenced to be shot and two condemned to be hung. We have never resorted to the death penalty unless the case presented the two aggravated phases-first, desertion, and secondly, desertion in face of the enemy. I know nothing of the punishments by the commandant of the Castle; never visited it in may life that I know of. In all sentences of court-martial the lashes were laid on except in one instance.

{p.909}

Lieut. PETER CALLAHAN sworn.

By Captain ALEXANDER:

Question. What is my conduct toward the prisoners?

Answer. Your conduct toward the prisoners has been as kind as it well could be under the circumstances.

Question. What is my conduct toward visitors?

Answer. I always thought your conduct gentlemanly.

Question. One of the witnesses swore that he saw fifteen men bucked and gagged in the prison; did you ever see such punishment?

Answer. I never did, and never heard of a man being gagged there. I do not regard bucking as adding anything to the disgrace of a man who lays himself liable to be put in Castle Thunder.

Question. How do you know that these men were guilty of any crime? Innocent men are sometimes put there. Were those men that were bucked found guilty of any crime?

Answer. I do not know that they were. I have seen soldiers in the Army more severely punished than at Castle Thunder. Have heard of men standing on a barrel all day with the word “thief” written on their backs by order of their officers. Men are often bucked in the Army and tied up by the thumbs.

Question. What is the condition of Castle Thunder?

Answer. I believe it is very good.

Question. You inspect the prison every morning?

Answer. Almost every morning.

Question. Then it would be impossible for a man to lie in his filth behind the door without you knowing it?

Answer. It certainly would be difficult.

FREDERICK F. WILEY sworn.

By Captain ALEXANDER:

Question. How long have you been at the Castle?

Answer. Ever since it was established.

Question. How long have you known me?

Answer. Ever since you escaped from Fort McHenry.

Question. What is the condition of the prison?

Answer. As clean as such a place can be kept.

Question. What is the position of your room?

Answer. Where I can hear any conversation in the prisoners’ room.

Question. What language have you heard Kirby use?

Answer. I have heard him curse General Winder and yourself and other officials.

Question. Did I ever do anything with him?

Answer. No; although it was reported to you.

Question. Is there a cell in the Castle that a man cannot stand up erect in?

Answer. No; there is not.

Question. What about the whipping?

Answer. I have seen eight men whipped without order of the court-martial and by order of General Winder.

{p.910}

Question. How many lashes did they receive?

Answer. I don’t think they received six lashes apiece. Some of them were Yankee deserters and I have no doubt some of them were Confederate soldiers.

Question. Were all these men concerned in the beating of the old man who died?

Answer. The prisoners pointed them out and they were their accusers.

Question. What authority had General Winder or anybody else to whip a soldier on his bare back?

Answer. I don’t know, sir

Question. Do you know anything about prisoners being put out in the back yard?

Answer. Yes; they were put cut there. They had fire and some of them had blankets. It was cold weather and the wood must have been furnished them or they could not have got it. There were about sixty men in the yard. Captain Alexander ordered me to pick cut any that were sick and I picked Out a number. The second night I picked out a number more who were sick.

Question. Were all these men guilty of attempting to blow up the building?

Answer. I don’t know, sir.

Question. Is it reasonable to suppose these men would blow up the building and themselves with it?

Answer. There are men without one redeeming trait in their character; would be guilty of any crime from murder down.

TUESDAY, April 28, 1863.

The testimony for the defense was continued.

FREDERICK F. WILEY recalled.

By Captain ALEXANDER:

Question. Do you know the characters of McAlister, Shehan and Adams?

Answer. I was informed some months ago that they had made a rope to escape; went to McAlister’s cell and asked him for it. He said he had none, and I made a search. McAlister resisted with a spade or shovel. The other had a razor and the other had a ball and chain. I defended myself and drew a pistol. I found the rope in McAlister’s bag. These are the characters of men we have to deal with. I would not believe McAlister on oath. One-third of the blankets distributed there I believe are cut up to make ropes wherewith to escape. Men are brought there sometimes with plenty of clothing and blankets and if we were not careful they would all be stolen for the above purpose.

Question. What do you think of Caphart?

Answer. I think him one of the best officers I ever saw. If you give him an order he will carry it out. I have roomed with him and consider him a kind-hearted man. I never saw him strike a man unless he had cause.

Question. On the night the prisoners were put into the yard were not those who looked sick taken back?

Answer. Yes; by your order and I helped to select them.

Question. Do you remember people on the street being in danger from missiles thrown from the windows?

Answer. Yes; and the mayor sent down word that it must be stopped.

Question. Did you not report the conduct of prisoners to the commanding general?

Answer. Yes; and he sent an order to have the guilty whipped.

{p.911}

Question. Have I not always expressed solicitude for the sick?

Answer. Yes; you supplied many of them with clothing obtained from the battlefields around Richmond. Men are brought there very badly off for clothing.

Question. Do you know Mr. Riggs?

Answer. Yes, sir; I know him.

Question. Did you ever see him drunk?

Answer. Yes; very drunk and abusive to you in your office. You said you would discharge him but for his wife and children.

Question. Do you recollect the time Riggs went into the citizens’ room?

Answer. I have known Riggs to be in there with the prisoners, disloyal persons, Unionists, &c., up to midnight, associating with them, drinking whisky. My room adjoins the citizens’ room and I can hear everything said.

Question. Do you think Captain Alexander a cruel man?

Answer. No, sir.

Question (by Captain ALEXANDER). How did I treat my soldiers I took down to the army?

Answer. Better than most of them in the army.

Question. Was the Yankee who was shot running in the direction that he could escape?

Answer. The steps he was running up lead to a porch from whence he could have escaped. (The witness related the circumstances of the escape of the prisoner from the Libby Prison and his reception at the Castle for safe-keeping.) I did not know be was crazy and was not told so. He called me to him before he died and asked my forgiveness for anything against him. (Witness related the killing of Charles Carroll, alias Byzer, over the portico while attempting to escape.) I believe Campbell was the cause of his death as he got Carroll to draw the fire of the guard so he could get out unharmed.

Question. How long have you been at the prison?

Answer. Since its establishment.

Question. How many men have you seen whipped there without court-martial?

Answer. Only eight. They were whipped for beating an old man sixty years of age from which he liked to have died, and for stealing. There is no order to take the money or valuables of prisoners. If they want to give them up we take them and give them receipts. This was until recently.

Question. What is the condition of the yard?

Answer. It is a hard dirt floor or clay.

By Captain ALEXANDER:

Question. It appears from the evidence that one man was tied up by the thumbs.

Answer. Yes; the only man I ever saw and by your order I lowered him down. His offense was stealing money and beating a negro.

Question. Did I not punish a man for punishing a servant without my order?

Answer. Yes; your orders are to that effect.

Lieutenant BOSSIEUX sworn.

By Captain ALEXANDER:

Question. Do you remember the putting of some men in the yard?

Answer. In one instance a number were in the yard for attempting to blow up the building with powder. The first night others attempted to cut out. I staid there with the guard and caught fifteen when they came out. It was very pleasant {p.912} weather. On another occasion when some men were in the yard there came up a storm and I notified Mr. Ward and they were taken in. On another occasion four Yankees were put out, and it snowed. They were taken in.

Question. Do you think me a cruel man?

Answer. No, sir; I do not.

Question. Are not the doors of the cells often left open?

Answer. Yes; I have opened them myself often.

Question (by Mr. WARD). What is your opinion of the character of the men there?

Answer. Yes; there are some of the worst men in the world and I don’t believe there is an hour that they are not concocting some plan to escape. I don’t think they could be managed with less strictness.

Question. Do you know of a cell a man cannot stand up in?

Answer. No, sir.

Question. You never knew of any secret punishment?

Answer. No, sir; the prisoners are generally brought out where all can see them.

Question. What month was it the men were put into the yard?

Answer. It was pleasant weather. I was out all that night without my overcoat. They staid there two days and the third day they were taken up.

Question. Do you know of any whipping?

Answer. I have heard of whipping; never saw it. The whipping was by order of court-martial and was laid on by the corporal of police of the Castle.

Question. Do you know any punishment not of an ordinary character?

Answer. I recollect one circumstance. It was two men tied up to a post. Don’t know whether by the thumbs or the wrists. Was told it was for robbing some prisoners upstairs. Don’t know how long they remained in that position.

Question (by Captain ALEXANDER). Do you remember me telling you once to abstain from shooting some whose intended escape we had discovered?

Answer. Yes.

Question (by the COMMITTEE). What are your instructions in regard to prisoners putting their heads out of the windows?

Answer. We warn them and if they persist the sentinels fire over them. I remember when on Franklin street some of the prisoners threw the sashes cut of the windows and tried to hit some of my men. They also threw bricks from the front windows. They climbed to the chimney and took bricks and threw them down.

Question. How many men have been shot by your guard?

Answer. None by guard. I only know of two shot there at nil, the crazy Yankee and the man Carroll. We could have shot a hundred men there if the sentinels had been so disposed.

Question (by Captain ALEXANDER). Then you think if the prisoners behave themselves they will be well treated?

Answer. Yes, I do; I know it.

GEORGE W. WAYMACK, a prisoner, sworn.

By Captain ALEXANDER:

Question. Do you think a man put in the Castle if he behave well would he not be treated well?

Answer. I do.

Question. Did you ever see any act of cruelty there?

Answer. I never did, sir.

{p.913}

Question. When you were sick did I not let you go home?

Answer. You did.

Question. When before the court-martial did I not act as your counsel?

Answer. Yes; you did.

Question (by the COMMITTEE). Where are you from?

Answer. I am from Manchester and am in the Castle on the charge of desertion.

WEDNESDAY, April 29, 1863.

Judge BAXTER sworn.

Question. Judge, state what you know of the condition and treatment of prisoners.

Answer. Captain Alexander has sent for me to examine into such cases as presented mitigating circumstances and recommended their discharge or detention as the case might be. I have opportunities of seeing Captain Alexander and the prisoners. My belief is that he is peculiarly qualified to control such a body. I think his course has been one of great humanity. At his suggestion I have discharged prisoners. There have been cases of wrong imprisonment and hardship. The management of the prison my belief is has been conducted with ability and by measures of stringency required by the character of the prisoners. What was the police regulations of the cells I don’t know.

Question. Do you know Kirby?

Answer. I was once at the prison for the purpose of examining into cases and Kirby was in the room, and I requested him to leave and he complained. Captain Alexander had indulged him, so as to exclude him from the mass of prisoners.

Question (by Captain ALEXANDER). Judge, do you think I am a cruel man?

Answer. I would rather take you to be a kind man but firm and resolute and not disposed to allow any of your orders to be transgressed.

Here testimony closed.

Testimony of DENNIS O’CONNOR-Continued.

Prisoner is still required to report every morning at Castle Thunder upon parole. Mr. F. F. Wiley, an officer in Castle Thunder, cursed and abused witness this morning; charged him with being a thief. The abuse was caused by witness having been called upon to testify before the committee. Wiley has been in the habit of abusing witness. He told Wiley that he was in his power and compelled to submit to his abuse. Wiley cursed the Irish generally and is in the habit of abusing prisoners who do not report upon their comrades. Witness is acquainted with Lieutenant Bossieux; don’t know what character he bears. At one time he heard Mr. Wiley curse a prisoner who was in irons. Witness intended to join Captain Rodgers’ company, Robertson’s battalion; denies having voted in the election for officers; never joined Nineteenth Mississippi Regiment; never was a substitute for any one.

Testimony of Capt. W. N. STARKE-Continued.

Witness states that he has been assigned to duty by General Winder for the purpose of investigating all cases of political, citizen and military prisoners and of obtaining all the necessary evidence in relation thereto. Has been in the office but a short time and the failure to bring to trial or discharge many prisoners is attributed to the difficulty in obtaining the necessary evidence both for the prosecution and defense. Witness has been in the prison several times and found it well regulated and cleanly

W. N. STARKE, Captain and Assistant Adjutant-General.

{p.914}

Mr. RIGGS’ testimony-Continued.

Question. State what you know of Mr. Wiley’s treatment of prisoners.

Answer. It is brutal in my opinion. He cursed Webster who was hung the other day while Webster was in double irons. His language is brutal to prisoners, in my opinion.

Question. Was any complaint ever made to Captain Alexander or any report ever made in regard to Wiley’s treatment of prisoners?

Answer. I don’t know.

Question. You being there as acting assistant warden do you not think it was your duty to report all such things?

Answer. You told me to make reports in writing. I did not consider it my duty.

Question. Did you not curse the guard on one occasion?

Answer. I have no recollection of so doing.

STATEMENTS TAKEN UNDER OATH AND MADE BEFORE ROBERT D. WARD, ATTORNEY

Statement of Lewis J. Blankenship.

Question. How long have you been in Castle Thunder?

Answer. I came about the 29th of July, 1862, and have been wardmaster of the hospital most of the time.

Question. State whether you know that Kirby had a conversation with McAlister, Adams and Shehan in regard to giving testimony before the Congressional committee. If so state all you know about it.

Answer. On the day that Mr. Kirby was subpoenaed to go before this committee Mr. Shehan sent down into No. 4 room and got James McAlister cut and asked me to pass him into No. 2 hospital with Mr. Kirby, and there all three of these men consulted over the evidence which they were to give before the committee. Mr. Shehan made a statement of his evidence which he was going to testify to before the committee; wrote it out and gave it to McAlister. Mr. Shehan also wrote out Mr. Kirby’s evidence and gave it to McAlister, and McAlister gave his evidence to Shehan and Kirby. Each one of the three had a written statement of the testimony which they proposed to give before the committee. The morning that Mr. Adams was summoned to go before the committee Mr. Shehan took Mr. Adams into Mr. Kirby’s room, and he and Mr. Kirby told Adams what they had testified to, and they wanted Mr. Adams to come as near as he could stating the same things before the committee, and also told him as near as they could their own testimony and requested him to repeat the same as near as he could.

Question. Do you think there was a combination on the part of these men to injure Captain Alexander if possible?

Answer. I do, sir. I know that from the conversation they have had with me.

Question. State what conversation you allude to.

Answer. I have heard Mr. Shehan say that Captain Alexander was nothing but a God damned loafer; that he intended to get him out of here if he possibly could; that nobody suited this place but Mr. Riggs, and that if Mr. Riggs were captain of this prison he could get out whenever he pleased; that Captain Alexander was not fit to have command of a parcel of hogs. Long before this committee was appointed I have heard McAlister say that Captain Alexander had dome all he could to have him shot and that if he ever had it in his power he would have his revenge out of him. About two days before he was summoned he said every dog had his day and that his day had just come. Mr. Kirby, Mr. Shehan and McAlister all knew that the committee was going to enter into the examination of Castle Thunder, and the three wrote a letter to Mr. Riggs about the committee before it was appointed and after Mr. Riggs bad been discharged from Castle Thunder. I don’t know that Mr. Riggs ever got the letter but I am confident the letter went out of the building by private hands. That letter stated that a committee was going to be appointed to examine into things hero at Castle Thunder and they wished him to lay the letter before Congress, and if he did not like to do it himself to give it to Mr. Bland, the hospital steward.

{p.915}

Question. State what was the character of these men.

Answer. In regard to McAlister I staid in No. 4 room with him for about four weeks, and during the time I was in the room I don’t think a night passed that some robbery of clothes, hats, shoes or money was not committed by some one in the adjacent large room and handed to McAlister through a crack or hole which he had cut through the partition which separated the two rooms, and received by him and sold by him whenever he get opportunity to sell. Frequently these stolen things were handed to McAlister through the crack by Shehan, who was then on his parole and acting as corporal of the police about the building. I don’t know anything dishonest about Mr. Kirby, but I know of Mr. Adams having stolen a pair of boots and selling them to McAlister; and also he stole four sheets cut of the hospital which I found in his knapsack. He also stole a blanket from the hospital which I also found in his possession.

Question. What is the conduct of the men generally who have been in Castle Thunder?

Answer. The largest proportion of the men are real rascals, guilty of cutting the building for the purpose of escaping, fighting, abusing each other, committing robberies and bribery of sentinels.

Question. Have you seen any punishments inflicted in this prison?

Answer. None, sir, but what I thought were well deserved. I saw a man of Wheat’s battalion whipped for desertion by sentence of court-martial. I heard Captain Alexander tell him he was sorry to have it to do, but he was obliged to do it. Samuel Lebrick, the name of the man who was whipped, shook hands with the corporal of the police and asked him for a drink of whisky, which was given him by order of Captain Alexander. He was whipped very lightly.

Statement of J. B. Evans.

Question. How long have you been in Castle Thunder?

Answer. I have been here about ten weeks.

Question. Do you know of any combination among the prisoners to injure the reputation of Captain Alexander in any manner? If so please state it.

Answer. I saw Shehan, Adams and McAlister before they went before the committee go to Mr. Kirby and they asked him what they should say before the committee. I have heard McAlister and Adams both say that they would swear to anything to injure the captain. Adams said that if he had one more chance to go before the committee he would swear that Captain Alexander was always drunk.

Question. What is the character of these men?

Answer. They are of a desperate character. Adams told me he had been in the penitentiary twice. I have heard Shehan say that he has received money from prisoners to get them out when he was corporal of the police, and I heard Adams say that he had taken $50 from Captain Callan. I heard McAlister send word to Kirby to have him summoned; that he would like to have a chance to swear against the captain. He would do all he could to injure him.

Question. Do you know whether Mr. Kirby ever sent out letters privately from time building?

Answer. Yes; I have seen him send them out and receive them through private sources.

STATE OF VIRGINIA, City of Richmond, to wit:

I, Robert D. Ward, do certify that the foregoing statements made by Lewis J. Blankenship and J. B. Evans were sworn to by them respectively before me. Given under my hand this 28th day of April, 1863.

R. D. WARD, Notary Public.

{p.916}

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WALKER’S ARTILLERY BATTALION, Camp Maury, near Milford, April 26, 1863.

[Capt. G. W. ALEXANDER.]

DEAR CAPTAIN: The summons of Hon. C. C. Herbert directing me to appear before the special committee of Congress on the 23d instant did not reach me until yesterday, the 25th instant. I immediately applied for leave of absence to enable me to obey the summons but found that no officer of the army will be allowed to take the cars except upon the special order of General Lee.

My application for two days leave, inclosing the summons, has been forwarded through the, regular channels to General Lee and it will be over a week before it can be heard from. I fear that the deliberations of the committee will be closed before I can obtain permission to leave camp.

If you think it important for me to appear before the committee without delay you might procure an order from the Secretary of War directing my immediate appearance.

If the committee anticipates remaining in session over a week please advise me of the fact and I will go down as soon as General Lee’s permit is received.

I assure you it will afford me pleasure to bear testimony to the systematic and able manner in which you have managed the provost prison under your charge and to the humanity and kindness with which you have treated the prisoners in your custody.

You have the greatest talent for controlling and managing desperate characters, and I have often said that I do not believe there is another man in the Southern Confederacy who can fill your present position.

Hoping that the report of the committee will triumphantly vindicate you, as it will do, from the malicious charges which have been preferred against you.

I remain, your friend,

GREENLEE DAVIDSON.

HEADQUARTERS DEPARTMENT OF HENRICO, Richmond, April 28, 1863.

Captain ALEXANDER.

SIR: In reply to your communication I state that in consequence of the violent proceedings of the prisoners in blowing up the building, garroting and using slung-shots upon the newly-arrived prisoners, robbing and endangering their lives, I gave you orders to punish these ruffians severely and if necessary to resort to corporeal punishment.

Respectfully,

JNO. H. WINDER, Brigadier-General.

Captain Alexander’s Defense.

CASTLE THUNDER, Richmond, April 13, 1863.

To the Honorable Committee of the House of Representatives, C. S. A., for the investigation of Castle Thunder.

GENTLEMEN: Bonaparte said that “the first requisite in an officer was health, the second temper; without the first the second is seldom {p.917} found, and without the second a good officer, mingling the gentleman with the commander, cannot exist.”

The elephant is never won with anger,

Nor should the man who would reclaim the lion

Take him by the teeth.

There is nothing so degrading to an officer of rank as an intemperate reprimand, and before his inferiors. If he be respectful, as he would have others respect him, and forgets not that he is a gentleman, his conduct is said to have merited the rebuke from his not having defended it. If both parties lose their temper a court-martial follows and neither party gains by the result. To make a good officer a man must be a gentleman, and they are inseparable. The man who cannot command his tongue is the worst man to intrust with any command. The supercilious and the arrogant always meet from men endowed with common sense the contempt such frivolity deserves.

So much for my opinion of a man placed at the head of any public affair. Now, I will proceed to state in as concise a manner as possible my views which I respectfully submit to your honorable notice. This subject I feel I cannot handle, although fraught with some interest to you and much anxiety to me. When this cruel war was forced upon us on the secession of Virginia I was among the first to resign from the old Navy and take up arms. I chose the Army, and shouldering my musket enrolled myself as a private. My career and advancement since then is known. I followed my unfortunate leader far within the enemy’s lines, never questioning an order, but obeyed all; never asking, where go we? We fell. I suffered; but, thank God, escaped from the tyranny of the “usurper of rights” and have tried to deal them some good blows. My injuries placed me in command of this post. Here I have tried to do my duty, and no matter what may be said or done you cannot keep this strong right arm idle-it shall work either as an officer or private until we achieve what we are all struggling for-the vindication of a sacred right-self-government. I trust I have clearly demonstrated to this honorable body the character of the men who have been committed to my care-the murderer, the robber, the deserter, the substitute deserter, the pickpocket, and worst of all the skulker-the man who by his skulking endangers his comrades, therefore worse than the murderer-the spy, the reconstructionist, the disloyal; all, all that are inimical to our glorious cause are thrust upon me. Why? Because this Castle is the only penitentiary the Confederacy has. I have proved that rules and regulations were regularly distributed; that they were repeatedly told that punishment would follow a persistency in wrong-doing; that the place only acquired a bad name by the conduct of the fiends that inhabited it, and that punishment was only resorted to when it became absolutely necessary and it had become unsafe for a man to enter the wards. I have proved that while our noble army was in the field subsisting on corn these fiends were being fed on full rations and then would refuse positively to rejoin their suffering comrades, and could only be forced there at the point of a bayonet.

That some men were whipped on the back is true. Does it appear in the voluminous evidence that there was a single man not by the order of a court-martial or one from a State represented by any representative in our legislative halls? It was represented by one of the witnesses that men were tied up by the thumbs and gagged. The witness, who by the way was proven to have been discharged from his place for “moral incapacity,” is certainly mistaken, or saw it in one of his drunken {p.918} dreams, for it does not appear in the evidence, and I say it is not so. In fact I think that if those horrid brutalities existed the witnesses or whoever made the statement were very culpable to-report them only when they were turned disgracefully away from this place. A man who knows a wrong to exist and reports it not is more guilty than the wrong-doer. I might here state that evidence also shows that when the hordes of the invader threatened close [to] our walls I did not rest safe within but threw myself into the breach, and when the smoke, of battle receded and we were again free from their accursed presence I turned my attention to the care of those brave men who shed their blood in our defense and who, maimed, were borne to my doors. Many remember the little hospital of the “Angel of Mercy” where thirty beds were always kept and the brave were cared for by a pale little Virginia woman-my wife. Do the records show the loss of a single limb or life from that hospital or do they show a single bill paid by the Confederate States Government for its support? I do not like, gentlemen, to recount these things, but I am a stranger to you and I would rather you would condemn me to be shot than to promulgate upon such evidence as you have had before you from your legislative halls that [am cruel. There are men in your honorable body who know me and know my career. All men conversant with military law know that if a man persists in passing a sentry without the countersign he risks his life. That two men have been shot here is also true; one an Irishman who substituted for a gentleman from Halifax, and the same night deserted while in sight of the enemy, afterwards captured, locked up here and persisting in an attempt to escape was killed. Another, a Yankee, who rushing past the sentry attempted to fly by the back entrance-killed they say he was crazy. The sentry did not know it nor I; or I might for I believe one-half of them are crazy.

I have demonstrated here before this honorable committee that some characters that have been committed here to my charge have been without a redeeming point. I have appealed in every way to them until at last endurance was worn out and corporeal punishment did much good. Does it appear from the evidence that Southern volunteers were ever struck except by Officer Causey in self-defense? The committee have been made aware of the immense number of prisoners I have handled-thousands-and yet it appears that only about twenty have been punished. Does that look cruel?

Are not soldiers in camp when guilty of little peccadilloes bucked and made to ride a cannon or a wooden horse? These fiends are only bucked; is that comparison cruel? This being a receptacle for all that is bad would I not have been justifiable had I been present when that master-fiend Webster, who expiated his crimes on the gallows, contemplated murder and attempted to escape to have shot him or ordered my guard to do so?

Have I not proven by the very prisoners themselves whom I have taken ad libitum that the character of many of the prisoners is terrible and that I have been lenient? Have I not proven that I have done many acts of kindness and charity-yea, many, far outnumbering the alleged cruelties? Have I not proven that the only witnesses who seem to think I have been the least cruel knew of these things before and only reported them when they had been sent away from prison as being no further of any use? Have I not proven my vigilance and strict adherence to right and my energy in carrying out all orders of my superiors? Have I not proven my economy and personal supervision to prevent extravagance or waste of all Government stores {p.919} committed to my charge? Have I not proven that by my own individual exertions I have clothed many prisoners who were being sent to the field? When as some of the witnesses say were men exposed to the weather? Have I not proven their infernal character, and were not their comrades at that time whom they had shamefully deserted fighting our battles and sleeping on the cold ground without tent or other cover than the canopy of heaven?

I would here say a few words about the witnesses examined. Mr. Bland, a hospital steward, whom it appears from the evidence was a man not fit to be about a public institution; his depravity was such that he was disgracefully ordered away. He says he was five months in a Yankee prison and saw better treatment. I rather think that that argues badly for Mr. Bland, for while I was a prisoner among that hateful people the only one I saw treated well was one who sycophant-like courted favor at their hands. I was kept in a cell seven by four for three weeks, that cell underground and no window; moreover prisoners of war are entitled to better treatment than murderers, deserters, spies, &c.

Witness No. 2. Kirby, the spy. I hardly think it fair to take prisoner’s evidence; but I waive that and challenge the whole prison. His evidence shows that although he is incarcerated as that most hateful of all things, a spy, yet he is put in the best room in the Castle, has a fire, good bed and is allowed to purchase anything from the outside that he may require. Oh! gentlemen, does this look cruel, And then he is only removed from this room when the true instincts of the beast were developed and he proves to be a lowborn blackguard.

Witness No. 3. One Adams, who served out a term in the penitentiary, was pardoned during a second term and deserted in sight of the enemy.

Witness No. 4. A man who will not tell where he is from and is sentenced to three years’ imprisonment.

Witness No. 5. Shehan, a deserter, a man who has broken his parole and since he has given his evidence has again deserted his comrades. One or two others close the list and the least said about them the better.

Gentlemen, I leave the matter in your hands, well satisfied the action you take will be just action. I stand before the people and press of this country and invite at any time the strictest investigation.

I am, respectfully, your obedient servant,

G. W. ALEXANDER, Asst. Adjt. Gen. and Asst. Provost-Marshal, Comdg. Castle Thunder.

Majority report of the committee of Congress to investigate the management of Castle Thunder.

[RICHMOND, May 1, 1863.]

The special committee to which was referred certain resolutions requiring investigation into the management of Castle Thunder, a military prison in this city, have instructed me to report that after a diligent examination of a large number of witnesses your committee find that the prison as to cleanliness and comfort has been well managed. Its discipline has been rigid, but good and successful, and the general treatment of prisoners as humane as the circumstances would allow. The evidence discloses some cases of severe corporeal punishment; some prisoners have been whipped with the lash, the blows numbering from five to twelve. This we condemn as inhuman {p.920} and inconsistent with our system of government. But it does not appear that this punishment has been inflicted except on persons of abandoned characters, and for such offenses as stealing, fighting and abusing more helpless fellow-prisoners.

It should be observed also that this mode of punishment is common in military prisons, and that all these cases happened before Congress had passed a law prohibiting this mode of punishment in the Army. Some persons have been put out of the prison into a walled yard and so confined for several days; and in one instance two or three prisoners were allowed to remain out a short time in bad weather. This we condemn, but it is proper to state that in one of these instances the prisoners so punished had attempted to blow up or injure the building by firing and exploding a canteen of powder, and all the prisoners in that particular room were so taken to this yard, the object seeming to be to force some of them to reveal the names of the ringleaders. It does not appear that any of these persons suffered materially. In another instance of this yard punishment the offense was beating a fellow-prisoner, an old man of sixty-five years, so severely that he afterwards died from the effects of the beating. Captain Alexander in excusing himself for these acts exhibits a statement signed by General Winder in which he is directed to use corporeal punishment if necessary to enforce discipline.

In one instance a sentinel discharged his gun at the window of the prison where a prisoner was putting his head out in violation of rules and otherwise annoying the sentinel. The ball struck the frame of the window and tore off some splinters, which scarred the face of another prisoner standing near. This we condemn as barbarous in the extreme, but the evidence discloses that the order was not to shoot in such cases so as to endanger the person of the prisoner but only to terrify him. Captain Alexander would say in the hearing and presence of the prisoners that if they broke the rules by putting their heads out of the window they should be shot, but he would instruct his sentinels not to shoot so as to hurt but around the window so as to frighten.

Without pretending to review all the particular cases of punishment the undersigned referring to the evidence in the case have come to the conclusion, considering the nature of military prisons and especially in view of the desperate and abandoned characters of the inmates of Castle Thunder who are described by the witnesses as being in the main murderers, thieves, deserters, substitutes, forgers and all manner of villains, that the management of it by Captain Alexander has not been marked by such acts of cruelty and inhumanity as to authorize his condemnation, but on the contrary we are satisfied that he has exhibited such traits of character as in our opinion eminently fit him for such a position. In the successful management of a military prison promptness and a determination to enforce rigid discipline are essential and in these qualities we conclude that Captain Alexander excels.

All of which is respectfully submitted.

W. R. SMITH. AUGUSTUS R. WRIGHT. D. C. DE JARNETTE.

First minority report on the management of Castle Thunder.

[RICHMOND, May 1, 1863.]

The undersigned, one of the special committee of five appointed under a resolution of this House to investigate and report upon certain {p.921} charges of cruelty and improper conduct on the part of Captain Alexander, the keeper of the military prison known as Castle Thunder, begs leave respectfully to report:

That the acts most complained of have been the killing of two prisoners, the shooting at a third the infliction of corporeal punishment by whipping on the bare back and the confining of prisoners in the prison yard exposed to the weather.

As to the two prisoners killed, one of them was a lunatic, a Yankee prisoner brought to Castle Thunder from the Libby Prison and shot during the night of the day on which he was brought there by a sentinel while the lunatic prisoner was in the act of trying to pass said sentinel. The other was one who was out upon the balcony at night attempting to escape; in this attempt lie was shot by a sentinel. The third case of shooting was also by a sentinel at one of the prisoners who was violating orders by putting his head out of a window overlooking the street. This shot did not take effect, though it appears it may have done so as the contents of the gun were lodged in the facing of the window. This appears to have been done in conformity with instructions from Captain Alexander, that such as put their heads out of the window were to be fired upon. In the judgment of the undersigned this remedy was not justifiable, though alleged to have been intended only as intimidation. The offense was such as could have been sufficiently punished by measures less hazardous to life and limb; the identification of the offender which no doubt could easily have been effected would have put it in Captain Alexander’s power to have applied ample corrections and yet in such manner as not to have endangered the life or limb of the prisoner.

As to the whipping: On two occasions Captain Alexander ordered one or two men each to be whipped on the bare back. On another occasion he ordered some eight men to be similarly punished. In all these cases the punishment was inflicted without the intervention of a court-martial. In this in the opinion of the undersigned Captain Alexander was again in fault. The punishment in the two first cases was for fighting and general insubordination, offenses which it would appear might have been adequately punished without subjecting the prisoners to such humiliating infliction.

The other case it is true was more aggravated, to wit, a combination on the part of the offenders for the maltreatment of an aged prisoner recently brought to the prison. It appears Captain Alexander had instructions from General John H. Winder to use this kind of punishment when necessary. Still the undersigned thinks General Winder’s instructions were not a sufficient warrant for resort to a mode of punishment unsupported by law and so odious to our people. And even had General Winder’s instructions been sufficient authority for the use of such punishment its application should have been tempered with such discretion as to have prevented the infliction of this extraordinary punishment except in cases where other punishments not so revolting would have been inadequate.

As to exposing prisoners in the yard this was resorted to on three occasions; one time against two persons for fighting; at another time against fifteen or twenty for fighting and general insubordination; at another against eighty or a hundred, time inmates of the same room, because some one or more had ignited a flask of gunpowder causing it to explode under such circumstances as induced the belief that there had been an attempt to blow up a portion of the prison building and thus enable prisoners to escape. Without stopping to discuss whether Captain Alexander was right or wrong in punishing all in that room {p.922} indiscriminately it may be remarked generally and with equal force as to persons guilty or innocent that this mode of punishing (long exposure to weather in winter) is improper, because it cannot be measured and assigned with that definiteness which should characterize all punishment. One thus punished for so simple an offense as a fisticuff might have entailed upon him permanent loss of health if not loss of life. Hence the undersigned thinks this treatment was either no punishment at all in consequence of mildness of the weather or if the weather was severe enough to make the punishment felt it might continue in fact long after it was intended and entirely beyond Captain Alexander’s control.

Upon the general conduct of Captain Alexander as resting on the mere opinion of witnesses there was some difference. Some of the witnesses charged great severity and cruelty, but it should be also stated that when this class of witnesses were pressed for facts to sustain their opinion they referred principally to the facts above recited. On the other hand it is but just to Captain Alexander to say the testimony was both satisfactory and abundant that the prison in everything relating to its sanitary condition and the general comfort of its inmates was well kept; that Captain Alexander to the mass of the prisoners is as kind and indulgent as could be expected or desired, in many cases allowing prisoners to send out and get better supplies than are furnished in their rations. The undersigned thinks the above contains a fair summary of the most material portions of the testimony, speaking from impressions as made during the progress of the investigation, not having since examined the manuscript, it having gone immediately into the hands of the printer.

The conclusion of the undersigned therefore is that in view of the great and delicate responsibility devolved upon the keeper of such a prison, embracing among its inmates the most lawless and desperate characters, while it may be much regretted that such modes of punishment were used he is yet not prepared to recommend Captain Alexander’s dismissal. The undersigned thinks the infliction of corporeal punishment as administered by Captain Alexander was illegal and improper; that the punishing by exposing prisoners to the weather was improper and unwarranted, and that the order to shoot at those at the window was also unjustifiable. But inasmuch as it is not known that any serious consequences have resulted from any of these acts, and inasmuch as they appear to have been resorted to by Captain Alexander not from any wantonness or cruelty but from a desire to maintain proper discipline and perhaps from an erroneous conception of his rights and powers as keeper of such a prison, the undersigned recommends that no further action be taken by the House.

There is one other fact in connection with this prison which should be remarked upon but for which Captain Alexander from the testimony does not seem to be responsible. It is that persons are sometimes arrested and incarcerated there for days and weeks and sometimes for months without being either brought to trial or even having charges preferred against them; sometimes confined simply under virtue of orders of superior officers “till called for.” It is true this evil does not seem to exist to any great extent but it is an infringement of personal liberty and the exercise of unauthorized power which should meet no encouragement and which should be abolished.

Respectfully submitted.

W. D. SIMPSON, One of the Committee.

{p.923}

Second minority report on the management of Castle Thunder.

Hon. THOMAS S. BOCOCK, Speaker of the House of Representatives:

The undersigned, a member of the special committee appointed under certain resolutions of the House of Representatives directing the committee to investigate the treatment of prisoners confined in the prison known as Castle Thunder, in the city of Richmond, and make report to the House thereon, begs leave to submit the following minority report:

The first resolution of the series adopted instructs the committee to inquire and report “What punishment if any in violation of law has been inflicted upon prisoners confined in Castle Thunder, the kind and character of punishment inflicted by the officers of that prison?” It was proven by witnesses brought before the committee that punishment of the most degrading and cruel character had been inflicted at various times by order of the officer in charge of this prison upon the prisoners confined therein. Some ten or twelve prisoners, all, with the exception of two, Confederate soldiers, were by order of Brig. Gen. J. H. Winder punished by lashes on the bare back. The offenses charged to have been committed by them in violation of the prison rules were fighting and stealing. The charges were preferred by their associates in the prison and the persons selected for punishment were chosen with the permission of the officers by the general vote of all the prisoners. In other words the parties making the charge and acting as witnesses sat as jurymen upon the case instituted by themselves and assessed the punishment. This novel and original method of enforcing the discipline of a prison invented by the officer having control of Castle Thunder deserves in my opinion the severest censure at the hands of Congress.

It was also in evidence before the committee that in the month of November one hundred or more of the prisoners were sent out into the back yard of the prison and kept there exposed to snow, rain and sleet, many of them having insufficient covering and comparatively unprotected against the weather. This punishment was inflicted by order of Captain Alexander to force from the prisoners a confession of who amongst them had been guilty of placing some powder in a canteen.

It was also proven before the committee that upon various occasions prisoners were punished by bucking, handcuffing and tying to a post with their arms stretched as tightly as possible and kept in this position for hours.

Witnesses also testified that Captain Alexander had during extremely cold weather refused fire to the prisoners and they were compelled to rely upon their own ingenuity and their precarious resources inside of the prison to supply fuel.

All the punishment inflicted except that by whipping was by order of Captain Alexander. Upon one occasion a sentinel discharged his gun at a prisoner in one of the windows and the splinters from the frame of the window wounded another prisoner.

Upon the facts elicited by the examination before the committee the undersigned is of the deliberate opinion that the punishments inflicted in Castle Thunder have been not only degrading and cruel but barbarous and inhuman. It is no excuse for the officers who are guilty of this conduct that Castle Thunder is a military prison and its inmates frequently of desperate character. The object of establishing and maintaining such an institution is the protection of society by the confinement of persons dangerous to its peace. To effect this object it is not necessary that men should be subjected to lashes, exposed to the {p.924} inclemency of a severe climate, kept huddled together without fire and put to the rack by having their muscles corded to extreme tension for hours together. Firmness and promptness are very different from torture and inhumanity. The fact that a man is confined in a military prison under charges of even the gravest character is no justification for the officer who responsible alone for his safe-keeping anticipates the functions of a court and punishes the prisoner in advance of a trial.

The second resolution adopted by the House is as follows: “How many prisoners have been killed, by whom and the circumstances under which they were killed?”

It was proved beyond any doubt before the committee that upon one occasion a deranged prisoner whilst running up the steps into the main building of the prison was shot by the sentinel and killed. Another prisoner was shot on the balcony by one of the guard and killed after he had begged the sentinel not to shoot. Under the circumstances attending both these cases the undersigned can regard them in no other light than as deliberate and willful murders. The unprotected and defenseless condition of a prisoner, confined and disarmed, no matter what his moral character, should appeal strongly to the sympathy of any man with proper sensibility, and to deprive him of life whilst in the condition of a prisoner can only be justified by the most extreme danger of the prisoner’s escape. In neither of these cases did such danger exist. One of the victims was insane, the other had abandoned any attempt to escape and was asking for mercy when killed. There was no evidence before the committee that the sentinels perpetrating these outrages had been punished by the officers in charge of the prison.

From the foregoing specific instances and from the general tenor of the evidence adduced before the committee the undersigned is of opinion that Brigadier-General Winder and Captain Alexander, who have had the superintendence of Castle Thunder, have shown a want of judgment and humanity in the management of that prison deserving not only the censure of Congress but prompt removal from the position they have abused. Not only were the charges of cruelty and injustice sustained against Alexander by the evidence before the committee but it was also shown that he had been partial in his treatment of the prisoners under his charge and that sonic of his subordinates had imitated his example. It is but just to state that Mr. Riggs, an officer of the prison, is entitled to praise instead of censure for the course pursued by him, a course the more commendable as it is so remarkable an exception to the cruelty practiced by his superiors.

Captain Alexander and his friends and attorney were present at the examination of witnesses and put such questions to the witnesses as they thought proper.

[This report, dated May 1, 1863, is unsigned but indorsed “Herbert.”]

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HEADQUARTERS, Tuscumbia, Ala., April 12, 1863.

Captain SPENCER, Commanding Flag of Truce.

CAPTAIN: I am directed by the general commanding district to inform you that all prisoners of war held by him were paroled on the 7th instant and sent to the Federal lines.

Very respectfully, your obedient servant,

P. D. RODDEY, Colonel, Commanding Cavalry.

{p.925}

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HDQRS. DEPT. OF MISSISSIPPI AND EAST LOUISIANA, Jackson, April 12, 1863.

Maj. Gen. C. L. STEVENSON, Vicksburg.

GENERAL: The lieutenant-general commanding acknowledges receipt of your communication of 11th instant inclosing that of Mrs. Mary James and directs that you place a prisoner taken from the enemy whilst on that movement from the Mississippi River in irons, and inform Admiral Porter of the fact and of its being done in retaliation for the arrest of Mr. John James, upon whose release the man will be relieved from irons and close confinement.

Very respectfully, your obedient servant,

J. C. TAYLOR, Aide-de-Camp.

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WAR DEPARTMENT, Richmond, Va., April 13, 1863.

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

GENERAL: I have had under consideration the General Orders, No. 49, issued by General Halleck, inclosed to me with your letter of the 21st ultimo and have delayed answering your letter longer than I designed.

The cartel of exchange only incidentally treats of the parole of prisoners, no restrictions as to when paroles may or may not be given; no regulations of the practice to be followed in taking paroles are contained in the cartel. The first four paragraphs of the general orders do not appear to be in violation of the cartel. It is supposed that a belligerent in the absence of an express agreement to the contrary would have the right to forbid its soldiers entering into any paroles. They may operate to establish a new practice, and taken in connection with the provisions of the general orders are so sweeping in their operation that it might hardly be safe to take paroles at least until an explanation is had, and it may be necessary to hold all prisoners that are taken.

The fifth and sixth paragraphs taken in connection with the preceding are ambiguous if not contradictory. By the second paragraph “none but commissioned officers can give paroles for themselves or their men;” by the eighth paragraph “no non-commissioned officer or private can give his parole except through an officer;” by the fifth it is declared that “for the officer the pledging his parole is an individual act and no wholesale paroling by an officer of a number of his inferiors in rank is permitted or allowed.”

Does the term “inferiors in rank” refer only to commissioned officers? What is meant by “wholesale paroling?” What by “giving a parole through an officer?” Again these paragraphs might well be understood as only referring to paroles taken at the time of capture except for the last clause in the sixth paragraph, admitting, as the only exceptions to the prohibition against non-commissioned officers and privates giving them their paroles otherwise than through an officer, instances where individuals being separated properly from their commands have suffered long confinement without the possibility of being paroled through an officer. What is meant by long confinement? How are the lists of prisoners in confinement as at Libby Prison for example to be made out? Explanations of these are clearly necessary.

Paragraph 7 declares that “no prisoner of war can be forced by the hostile Government to pledge his parole,” &c. The cartel says “all {p.926} prisoners of war shall be discharged on parole in ten days after their capture.” If the soldier under the injunction of his Government refuse to pledge his parole how can we discharge him on his parole? Paragraphs 8, 10, 11 and 12 require no other comment than that the cartel and not the common law of war establishes the terms of the parole and gives in advance the approval and ratification of both Governments to these terms.

Paragraph 9 is in clear violation of the cartel. Article 4 of the cartel says:

The surplus of prisoners not exchanged shall not be permitted to take up arms again, nor to serve as military police or constabulary force in any fort, garrison or field work held by either of the respective parties, nor as guards of prisons, depots or stores, nor to discharge any duty usually performed by soldiers, until exchanged.

I desire that you will communicate with General Hooker and through him protest in such manner as you may deem appropriate and expedient against so much of that general order as conflicts with the cartel of exchange and ask explanations of what is doubtful, ambiguous or contradictory.

With high esteem, yours,

JAMES A. SEDDON, Secretary of War.

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WAR DEPARTMENT, Richmond, April 13, 1863.

WILLIAM COKER, Esq., Tarborough, N. C.

SIR: In answer to your letter of the 7th instant you are informed that a publication is made in the Richmond papers of the exchanges which take place. All North Carolina prisoners who have been taken at Goldsborough, on the sea coast, or who have been delivered up at City Point prior to the 13th of January have been exchanged.

Respectfully,

JAS. A. SEDDON, Secretary of War.

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RICHMOND, April 13, 1863.

General PEMBERTON:

If you approve of the exchange between General Rust and General Buford you are authorized to make it and inform General Holmes it was done by direction of the Secretary of War. I will answer your dispatch respecting your absence as soon as I see the President.

S. COOPER, Adjutant and Inspector General.

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OFFICE EXCHANGE OF PRISONERS, Richmond, Va., April 13, 1863.

J. THOMPSON, Inspector-General, Jackson, Miss.:

I herewith respectfully return you the paroles of ten prisoners released by Capt. Thomas Henderson, Jackson’s regiment of cavalry, forwarded by you to Maj. N. G. Watts, agent at Vicksburg, Miss., and by him forwarded to this office. In their present condition their paroles are entirely valueless as we cannot demand equivalents for them. {p.927} Every parole or list of paroled prisoners presented for exchange must show upon its face in addition to the name and rank of the prisoner where the capture was made, when made and the disposition made of the prisoner; that is whether retained or sent to or permitted to go to the lines of the enemy. The usual method is to retain the original paroles on file in the office of the inspector-general of the department in which the capture was made and forward to this office a list of the prisoners showing upon its face the facts before mentioned and certified as a true copy of the original roll of paroles by the inspector-general, and countersigned “official” by the adjutant-general of the department. Please have the inclosed paroles perfected and return to this office at your earliest convenience.

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

W. H. HATCH, Captain and Assistant Adjutant-General.

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COLUMBIA, TENN., April 13, 1863.

Hon. JAMES A. SEDDON, Secretary of War.

DEAR SIR: Under ordinary circumstances I would not intrude upon your valuable time, but I am constrained from a sense of duty to ask your attention to a few words in relation to a worthy citizen, a neighbor of mine. To be brief, pr. Joseph E. Dixon, a citizen of Maury County, Tenn., was taken prisoner at Donelson and was released, being surgeon. He returned to his home in this county then in the enemy’s lines, reported himself to General Negley, in command of the Federal forces, and in some fifteen or twenty days General Negley gave him a pass to go to Richmond and Doctor Dixon went via Huntsville Ala. There he reported himself to General Buell and received a pass to Decatur, but when next morning it was reported that fighting was going en in the neighborhood of Decatur and he called to have his route changed and General Buell being out, General Rousseau gave him a pass to go by way of Battle Creek to Chattanooga. With this pass he arrived upon Battle Creek and unfortunately for him a battle was expected there and General McCook, in command of the Federals, complained to General Buell of General Rousseau for granting said pass and General Buell had him arrested and sent to Johnson’s Island, where he has been confined ever since, now seven or eight months. I have the facts upon reliable information. Doctor Dixon was surgeon of the Ninth Battalion of Tennessee Cavalry, commanded by Lieutenant-Colonel Gantt. He was released as a surgeon while his battalion was still in prison and was on his way to report to his Government and with the pass of the Federal general in his possession. There have been several general jail deliveries since his imprisonment but he seems to be forgotten. His wife and family and friends are in deep distress. I beg leave to suggest for your consideration that you make a special demand for his case and if possible that you have him released.

With my best wishes for your official and personal success, I am, your friend,

JAMES H. THOMAS.

[First indorsement.]

Is not this the case in reference to which Mr. Ould made a report to the Secretary of War?

{p.928}

[Second indorsement.]

APRIL 28, 1863.

Respectfully referred to Hon. R. Ould.

By order of the Secretary of War:

J. A. CAMPBELL, Assistant Secretary of War.

[Third indorsement.]

OFFICE EXCHANGE OF PRISONERS, Richmond, Va., April 30, 1863.

Respectfully returned.

The case of Surg. J. E. Dixon will receive special attention. I have already made a report to the Secretary of War in this case.

RO. OULD, Agent of Exchange.

[Fourth indorsement.]

Answer that the special attention of Colonel Ould, agent, &c., has been directed to the case of Surgeon Dixon.

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HEADQUARTERS SECOND DISTRICT, DEPARTMENT OF MISSISSIPPI AND EAST LOUISIANA, Vicksburg, April 15, 1863.

Maj. R. W. MEMMINGER, Assistant Adjutant-General, Jackson.

MAJOR: The following is an extract from a letter of Colonel Ferguson of the 12th instant:

In this connection I would call your attention to the five prisoners sent down who acknowledged that they had been led to the east bank of Deer Creek by their captain to steal horses and mules and burn everything. They were caught on stolen animals and bad in their possession articles of private property stolen from residences, and were recognized as those who had set fire to the corn on the De Holb Plantation. Will not our Government make an example of them?

Can these men be held in retaliation for James?

I am, major respectfully, your obedient servant,

C. L. STEVENSON, Major-General, Commanding.

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HEADQUARTERS FOURTH MILITARY DISTRICT, Jackson, Miss., April 16, 1863.

Maj. R. W. MEMMINGER, Assistant Adjutant-General.

MAJOR: I have the honor to submit the following report of U. S. prisoners of war and deserters from U. S. Army received at this post on yesterday from Panola: 1 prisoner of war, 4 deserters, U. S. Army. Total number of prisoners and deserters, 5.

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

JOHN ADAMS, Brigadier-General, Commanding.

[First indorsement.]

HEADQUARTERS, Jackson, April 14, 1863.

Respectfully referred to General Adams to know if he reports the U. S. prisoners received, to Major Watts in charge, &c.

By order of Lieutenant-General Pemberton:

R. W. MEMMINGER, Assistant Adjutant-General.

{p.929}

[Second indorsement.]

HEADQUARTERS FOURTH MILITARY DISTRICT, Jackson, April 17, 1863.

The U. S. prisoners on their arrival are paroled but confined in guard-house. The list of prisoners is sent to Major Watts for exchange upon notification from Major Watts. Lists of all those at present in Jackson have been forwarded, but Major Watts has not heretofore been informed daily or immediately upon the receipt of Federal prisoners. Report like the within is furnished department headquarters in accordance with instructions from lieutenant-general commanding.

Respectfully,

JOHN ADAMS, Brigadier-General, Commanding.

–––

HEADQUARTERS FOURTH MILITARY DISTRICT, Jackson, April 16, 1863.

Major MEMMINGER, Assistant Adjutant-General.

MAJOR: In reply to communication from department headquarters just received asking of the whereabouts of the negro captured from the sloop of war Mississippi I have the honor to state that the negro captured from the said sloop is now confined in Pearl River Bridge Prison.

I am, major, yours, respectfully,

JOHN ADAMS, Brigadier-General, Commanding.

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RICHMOND, April 17, 1863.

General EARL VAN DORN, Columbia, Tenn.:

All prisoners delivered at City Point to this date are exchanged.

S. COOPER, Adjutant and Inspector General.

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RICHMOND, VA., April 18, 1863.

His Excellency JOHN LETCHER, Richmond, Va.

SIR: In response to your letter of the 7th ultimo covering a copy of the preamble and resolutions of the General Assembly of Virginia relative to the imprisonment of C. A. J. Collins I have the honor to forward a report* of the Secretary of War on the case.

Very respectfully and truly, yours,

JEFFERSON DAVIS.

* Not found.

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WAR DEPARTMENT, Richmond, April 18, 1863.

Col. WILLIAM T. WITHERS, First Mississippi Light Artillery, Tuskeegee, Ala.

SIR: I cannot at this time assure you positively when I can declare exchanged the men whose names you report in the two lists under date {p.930} of the 7th instant. I hope it will not be long. At present there are insurmountable difficulties. I hope I can declare the exchange in a month.

Respectfully, your obedient servant,

RO. OULD, Agent of Exchange.

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RICHMOND, VA., April 20, 1863.

To the HOUSE OF REPRESENTATIVES:

I herewith transmit for your information a communication from the Secretary of War in response to your resolution of January 24 in reference to the exchange or release “of persons who taken from civil life have been transported and confined beyond the limits of the Confederacy.”

JEFFERSON DAVIS.

[Inclosure.]

WAR DEPARTMENT, April 18, 1863.

To the PRESIDENT OF THE CONFEDERATE STATES.

SIR: In compliance with a resolution of the House of Representatives of January 24 last I have the honor to submit the report of the Hon. R. Ould, agent of exchange of prisoners, as to the steps that have been taken to procure the liberation and exchange of prisoners who taken from civil life have been transported and confined beyond the limits of the Confederate States, and whether any and what persons so confined at the instance of the Government have been set at liberty.

Very respectfully, your obedient servant,

JAMES A. SEDDON, Secretary of War.

[Sub-inclosure.]

RICHMOND, April 14, 1863.

Hon. JAMES A. SEDDON, Secretary of War.

SIR: In the matter of the accompanying resolution of the House of Representatives relating to citizen prisoners I have the honor to make the following report:

The subject of the arrest and detention of civilians has been a matter of controversy between the Federal agent of exchange and myself ever since the establishment of the cartel. I have again and again protested against such arrests as illegal and contrary to the usages of civilized warfare.

At an early stage of the cartel I urged the adoption of the following rule, to wit:

That peaceable non-combatant citizens of both the Confederate and United States who are not connected with any military organization should not be arrested by either the Confederate or U. S. Armies within the territory of the adverse party; that if such a proposition was considered as being too broad let the only exception be in the case of a temporary arrest of parties within army lines where the arresting party has good reason to believe that their presence is dangerous to the safety of the army from the opportunity afforded of giving intelligence to the enemy, that then the arrest should cease as soon as the reason for making it ceased in the withdrawal of the army or for any other cause, and finally that the foregoing proposal should apply to and include such arrests and imprisonments as were then in force.

The proposition was declined. I have urged it frequently since but without success.

{p.931}

The Federal authorities on the other hand have always been anxious to institute a system of exchange of political prisoners man for man. It was a deeply laid scheme to interfere with the administration of justice in the Confederate States and to give practical immunity to such of their friends and partisans in the South as felt disposed to preach or practice disloyalty.

Under the instructions of the War Department I have constantly refused to engage in any such system of exchanges. There was no reciprocity in the arrangement. It amounted to an exchange of Confederate citizens for Confederate citizens owing to the fact that the enemy was in possession of portions of our own country and had therefore more frequent opportunities of making arrests. If any such proposal had been accepted we should soon have released every civilian held by us leaving many hundreds of our own people to languish in Northern prisons for whom we had no equivalent to offer. I repeatedly offered to release all political prisoners held by us except such as were held upon very aggravated charges if the Federal authorities would do the same. Lately they agreed to this proposition, coupling it with a written statement that it was not their intention to make any more arrests of non-combatants. I had very great doubts as to their good faith both as to the delivery of all political prisoners and their disavowal of any intention to make any more arrests.

The sequel has proved that these doubts in both respects were well founded. A few weeks ago in pretended compliance with the agreement they delivered some six hundred persons whom they called political prisoners. About one-half of that number were persons who had been in our service in the West belonging to irregular military Organizations and who long ago had been declared exchanged under the agreement made between the Federal agent and myself. Finding they could not get any equivalent for them as military prisoners they attempted to palm them off as political prisoners. The false pretense was too apparent to deceive anybody. Some political prisoners held in this city against whom the charges were not aggravated were sent off in return. The number delivered by me bore about the same proportion to the whole number held by us as the number delivered by the Federal agent did to all the political prisoners held by the Federal authorities. They were not exchanged one against the other; they were simply released upon both sides-discharged from any paroles heretofore given by them. The Federal agent demanded that I should deliver to him political prisoners equal in number to those released by him. I refused to do so as the agreement was for the release of all political prisoners, and it was necessary that the proper proportion should be maintained on our side to secure the release of the hundreds still in captivity at the North. If all our prisoners had been delivered I am very sure no more deliveries would have been made by the Federal agent.

Even less faith has been shown by the Federal authorities in the matter of political arrests. Since the date of their declaration they have made more of such arrests than during any other equal space of time, embracing an unusual proportion of old men and helpless women.

The resolution of the House of Representatives specifically inquires “what steps if any have been taken to procure the liberation of persons who taken from civil life have been transported and confined beyond the limits of the Confederacy.” In answer I respectfully state that at every interview, without exception, between the Federal agent and myself I have, under the instruction of the War Department, {p.932} brought the subject to his attention in as forcible and as earnest manner as possible. That I have demanded the release of all civilians held in confinement and have threatened retaliation. In addition, whenever I have been specifically informed of cases of incarceration I have made them the subjects of correspondence with the Federal agent. In many cases I have been successful in procuring the release of the parties named; in others I have not succeeded. Some have been released at the North and allowed to make their way to their own homes, and others have been brought on flag-of-truce boats to Varina and City Point. Some have been discharged unconditionally and others put on parole. With reference to the latter class all such have been relieved from any obligation contained in the parole whether it was to return at a certain time to secure the release of another person or any other obligation.

Some nine hundred so-called political prisoners have been received by me at Varina and City Point. About five or six hundred were really non-combatants.

I have no means of knowing how many have been allowed to make their way to their own homes. Such parties do not report to me. They amount, however, to several hundred.

I have only a record of the names of such as were delivered at Varina and City Point and Vicksburg. Only a very few have been delivered at the latter place. If it be the pleasure of the House of Representatives that the names of all such be presented I will cause them to be separated from the rolls.

I have delayed until the present time this report because until within a few days past the whole subject was undetermined. I thought it best under the circumstances to wait long enough to ascertain whether the Federal authorities intended to carry Out their agreement. I am now fully satisfied they have no such purpose.

Respectfully, your obedient servant,

RO. OULD, Agent of Exchange.

–––

[APRIL 20, 1863.-For Quintero to Benjamin, with inclosures, relative to the arrest of Col. E. J. Davis and others, see Series I, Vol. XXVI, Part II, pp. 48-53.]

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CIRCULAR.]

HEADQUARTERS DEPT. OF MISS. AND EAST LA., Jackson, Miss., April 20, 1863.

Heretofore in taking the parole of prisoners captured great irregularity has prevailed, and to obviate difficulty in future all officers who may parole prisoners will be guided by the following instructions received from the office for the exchange of prisoners at Richmond, viz: Each parole or list of paroled prisoners must show upon its face in addition to the name and rank of the prisoner his regiment and company, where the capture was made, when made and the disposition made of the prisoner; that is whether retained in prison or sent to or permitted to go to the lines of the enemy. The paroles thus made out will be sent to the office of the inspector-general of the department.

By order of Lieutenant-General Pemberton:

B. W. MEMMINGER, Assistant Adjutant-General.

{p.933}

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RICHMOND, VA., April 22, 1863.

[Honorable SECRETARY OF WAR.]

SIR: I was delegated by the soldiers of the division under General T. J. Churchill, captured at Arkansas Post, to petition in the name of the entire command that they might be sent back to Trans Mississippi Army. The command which has been much reduced are anxious to return to that department as numbers of the different regiments are west of the river. Colonel Portlock’s regiment, Captain Nutt’s Louisiana cavalry, Johnson’s (Texas) Spy Company and several other commands have a large portion of their command left on that side of the river, and most earnestly request that they may be allowed to replace them.

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

JNO. W. DUNNINGTON, Ex-Colonel, Provisional Army, C. S.

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CAMP HOLMES, Near Raleigh, N. C., April 22, 1863.

His Excellency JEFFERSON DAVIS:

SIR: Some time since I wrote to you informing you that myself and a boy some fifteen years of age were taken prisoners on the 17th day of February and incarcerated the 2d day of March. In answer to this letter I am informed that my case has been referred to Colonel Ould, Confederate agent for the exchange of prisoners. I have nothing from Colonel Ould in regard to the matter. My condition here is deplorable, nothing to sleep on or under and destitute of clothing. I hope, sir, you will have my case investigated as soon as convenient. I hereby transmit a copy of my appointment as captain of the Long Shoal Light Ship:

ON BOARD STEAMER HETZEL, October 10, 1865.

Mr. M. L. STRANSBURY:

SIR: You are hereby appointed keeper of the Long Shoal Light Ship, subject to the approval of the Secretary of the Treasury of the United States.

H. K. DAVENPORT, Commander, Commanding Sounds of North Carolina.

Respectfully, yours,

M. L. STRANSBURY, Captain.

[First indorsement.]

EXECUTIVE OFFICE, April 27, 1863.

Respectfully referred by the President to the honorable Secretary of War.

G. W. C. LEE, Colonel and Aide-de-Camp.

[Second indorsement.]

Respectfully referred to Brigadier-General Winder. Is there any reason why these men should not be discharged under the cartel?

By order of Secretary of War:

J. A. CAMPBELL, Assistant Secretary of War.

{p.934}

[Third indorsement.]

MAY 1, 1863.

Respectfully returned to the Secretary of War. Mr. Ould informs me that this man cannot be exchanged by reason of being an officer.

JNO. H. WINDER, Brigadier-General.

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MAYFIELD, Near Petersburg, Va., April 24, 1863.

Hon. JAMES A. SEDDON, Secretary of War.

SIR: A large number of the Arkansas Post prisoners are quartered near my residence. From frequent conversations with these men I discover that many of them desire to be employed on the public defenses now being constructed around Petersburg. If there is no impediment to their being thus employed it has occurred to me that the money expended on other laborers would be worthily bestowed upon these men. The works have progressed to a point near their quarters and will each day approach nearer. I thought the matter of sufficient importance to warrant me in so far trespassing upon your valuable time as to place the facts before your better knowledge and judgment, and am,

Most respectfully, your obedient servant,

TH. WHITWORTH.

[First indorsement.]

APRIL 25, 1863.

Respectfully referred to Chief of Engineers.

By order of the Secretary of War:

J. A. CAMPBELL, Assistant Secretary of War.

[Second indorsement.]

ENGINEER BUREAU, May 15, 1863.

Understanding that these troops have been armed and placed again in service within a few days past this letter is respectfully returned to the honorable Secretary of War.

J. F. GILMER, Colonel of Engineers and Chief of Bureau.

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APRIL 24, 1863.

Lieutenant CAMPBELL:

Send the exchanged men to Franklin to rejoin their companies. By order:

G. M. SORREL, Assistant Adjutant-General.

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BRIGADE HDQRS., Chaffin’s Farm, Va., April 26, 1863.

Maj. Gen. A. ELZEY, Commanding, &c.

GENERAL: I beg to submit the inclosed General Orders,* No. 49, War Department, Adjutant-General’s Office, Washington, February 28, 1863, and copies of papers received last night by flag of truce from Williamsburg. This morning I sent a reply to be forwarded to Colonel West, commanding Federal forces, Fort Magruder, informing him that I claim the prisoners that were paroled by Colonel Tabb and my assistant {p.935} adjutant-general, Captain [J. H.] Pearce, and that if the parole is not admitted hereafter such cases will not be paroled.

I am, general, very respectfully, &c.,

HENRY A. WISE, Brigadier-General.

* Omitted here; see p. 306.

[Inclosure No. 1.]

HEADQUARTERS CAVALRY, WISE’S BRIGADE, Barhamsville, Va., April 24, 1863.

Lieut. Col. JOSEPH JONES [Fifty-ninth Virginia], Comdg., &c.:

I have the honor to inclose a communication received per flag of truce from the Federal commander at Fort Magruder. It is I am satisfied only a means of ascertaining the locality of our picket-post. Please forward to General Wise.

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

J. R. ROBERTSON, Major, Commanding.

[Inclosure No. 2.]

HDQRS. ADVANCE BRIGADE, FOURTH ARMY CORPS, OFFICE OF THE ASSISTANT ADJUTANT-GENERAL, Fort Magruder, Va., April 24, 1863.

To the CONFEDERATE COMMANDER IN FRONT.

SIR: I am directed by my commanding general to forward to you under flag of truce the inclosed General Orders,* No. 49, from the War Department at Washington, in reference to paroles.

I have the honor to remain,

ROBT. M. WEST, Colonel, Commanding.

* Omitted here; see p. 306.

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RICHMOND, April 26, 1863.

Col. ROBERT OULD.

COLONEL: From the exchanged Confederate prisoners and other trustworthy persons I have learned that a large number of rank and file of Louisiana State troops paroled at New Orleans after the occupation of that city by Federal forces are now detained there and are not allowed the privilege of exchange in direct violation of Exchange Notice, No. 4, issued from your office. My attention among others was especially called to the case of Capt. Gustave Le Gardeur, [jr.,] of Louisiana artillery, who after the battle of Shiloh went to New Orleans on recruiting service and there was arrested on arrival of General Butler and afterwards paroled by his order. Many citizens are also confined in different forts and other places as political prisoners whose names it is difficult to ascertain in full, and it is merely by chance we learn of their fate as for instance in the case of James P. Shortridge who has been arrested by order of General Butler and is still in custody. Mr. Walden, formerly sheriff of New Orleans, has been taken prisoner while defending his home at Ponchatoula, La., during the raid of Federal troops at that place in the latter part of last month and not returned with others who were delivered to us at Port Hudson on the 8th of this month. I have the honor to submit the above statements for your consideration, and remain,

Very respectfully, your obedient servant,

I. SZYMANSKI, Assistant Adjutant and Inspector General, In Charge of Paroled and Exchanged Prisoners at Jackson, Miss.

{p.936}

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HEADQUARTERS, April 26, 1863.

Judge R. OULD, Commissioner for Exchange, Richmond, Va.:

Have the prisoners captured recently with Stribling’s battery been exchanged?

G. M. SORREL, Assistant Adjutant-General

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TULLAHOMA, April 27, 1863.

General PEMBERTON:

Have you any prisoners who could be exchanged for Maj. R. A. Howard who was captured near the mouth of Red River?

J. E. JOHNSTON.

–––

RICHMOND, April 27, 1863.

Maj. G. M. SORREL, Assistant Adjutant-General.

SIR: Stribling’s men and all others who were delivered at City Point to this date have been fully exchanged.

RO. OULD, Agent of Exchange.

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HOUSE OF REPRESENTATIVES, April 27, 1863.

President DAVIS, Richmond, Va.

SIR: I beg to inclose a letter from General De Saussure, of South Carolina, for your consideration.

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

W. D. SIMPSON.

[First indorsement.]

Respectfully referred to the Secretary of War by the President.

WM. M. BROWNE, Colonel and Aide-de-Camp.

[Second indorsement.]

MAY 4, 1863.

Referred to Hon. Robert Ould.

By order of the Secretary of War:

J. A. CAMPBELL, Assistant Secretary of War.

[Third indorsement.]

OFFICE OF EXCHANGE OF PRISONERS, Richmond, Va., May 8, 1863.

Respectfully returned.

Capt. D. B. Vincent was delivered by the Federal authorities at City Point May 5, 1863, and regularly exchanged.

RO. OULD, Agent for Exchange. Per W. H. HATCH, Captain and Aide-de-Camp.

{p.937}

[Inclosure.]

CHARLESTON, S. C., April 24, 1863.

Hon. W. D. SIMPSON, Richmond, Va.

DEAR SIR: Will you permit me to call to your view a case of very great hardship and oppression and respectfully to ask your aid? Mr. Miles has been laboring in the same cause and I am sure will zealously co-operate with you. Capt. Daniel B. Vincent, a seaman of great experience and one of our most worthy and respected citizens, was captured together with the vessels under his command by the enemy’s fleet off Bull’s Bayou June, 1862, while attempting to run the blockade. From that time until now he has been kept a close prisoner in Fort Lafayette, and as his friends are informed for a great portion of the time in solitary confinement. The officers and crew captured with him have long since been released but this gentleman is still kept a prisoner. No other cause can be given for this but that he is thoroughly acquainted with the harbors and rivers of this and the adjoining States and would therefore be a very useful man to the Confederacy. Surely the seamen and citizens are entitled to ask from the Confederate Government some of the protection afforded the soldier, particularly when the former are made prisoners in the effort to discharge a duty to the public. I would respectfully ask that this case be brought to the notice of the President in behalf of a citizen of South Carolina.

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

WILMOT G. DE SAUSSURE.

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RICHMOND, April 28, 1863.

General J. E. JOHNSTON, Tullahoma:

If Maj. R. A. Howard has been released on parole and is within our lines he will be declared specially exchanged and one officer of equal rank sent to the enemy’s lines. If he is held in custody by the enemy he cannot be exchanged until an interview is had with the Federal agent, which will be in a few days.

S. COOPER, Adjutant and Inspector General.

–––

C. S. SENATE, April 28, 1863.

Mr. PRESIDENT:

I inclose you statement of the Seventeenth Texas Regiment. It shows now under General Holmes in Arkansas 1 lieutenant-colonel, 1 major, 4 captains, 8 lieutenants, 1 assistant quartermaster, 1 assistant commissary of subsistence and 350 privates. Of those captured at the Post of Arkansas there are now here only 180 privates and there are no officers. All the regiments and companies captured at the Post of Arkansas are in much the same condition. The whole of these exchanged prisoners are anxious to be sent back to Arkansas. They are conscripts and men of families, and there being no law to break up these regiments or to assign them to other regiments or to make of them new organizations I trust you will not allow them or their legal rights and the law of the land to be so treated and so disregarded. We must look to you for the enforcement of the law and for fair play.

Most truly, yours,

R. W. JOHNSON.

{p.938}

[Inclosure.]

BARRACKS CAMP, MODEL FARM, Petersburg, Va., April 22, 1863.

Below is as true a statement of the condition of the Seventeenth Texas Cavalry as I am able to form under present circumstances without data, &c.:

Trans-Mississippi: 1 lieutenant-colonel, 1 major, 4 captains, 8 lieutenants, 1 assistant quartermaster, 1 assistant commissary of subsistence, 350 privates under command of above officers. At present camp 180 privates. The balance of officers not being exchanged.

C. S. BLALOCK, Sergeant-Major Seventeenth Texas Cavalry.

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HDQRS. SIXTEENTH REGIMENT VIRGINIA CAVALRY, Salem, Va., April 29, 1863.

[Brig. Gen. A. G. JENKINS.]

GENERAL: The three prisoners handed over to you, to wit, Ezekiel S. Bloss, Hiram Bloss and Morgan Garrett, are citizens of Wayne County and officials of the usurped government of Virginia. They were arrested last fall during our occupation of the Kanawha Valley and in obedience to the proclamation of General Loring were released upon parole, and since that time they have so far as I know kept that parole and were not found fleeing from us upon the occasion of their late capture although fully aware of our presence for eight days. They are all men of influence and before the present war were men of good character and are now arrested as hostages for Charles W. and William Ferguson. I have been informed and believe that these prisoners have long since become repentant and are convinced of their error and are now willing to renounce in writing their allegiance to the United States Government and the usurped government of Virginia and take the oath to support the Constitution of the Confederate States and State of Virginia. If they will do this I hope they may be at once returned to their homes, not doubting that they will religiously respect their obligations, and I cheerfully recommend their release upon the aforesaid terms.

I am, general, yours, respectfully,

M. J. FERGUSON, Colonel, Commanding Sixteenth Regiment Virginia Cavalry.

[First indorsement.]

Approved.

A. G. JENKINS, Brigadier-General.

[Second indorsement.]

HEADQUARTERS DEPARTMENT OF HENRICO, May 9, 1863.

Respectfully submitted with the recommendation that these men be released on their taking the oath of allegiance to the Confederate States Government.

W. N. STARKE, Captain and Assistant Adjutant-General.

{p.939}

[Third indorsement.]

Approved and respectfully referred to Secretary of War.

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

[Fourth indorsement.]

Brigadier-General Winder’s recommendation concurred in.

By order of the Secretary of War:

J. A. CAMPBELL.

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ABINGDON, VA., April 29, 1863.

Brig. Gen. H. MARSHALL, First Brigade, Army of East Tennessee.

GENERAL: We, the undersigned regularly enlisted soldiers of your brigade, Lieut. Col. Thomas Johnson’s battalion Kentucky Mounted Rifles, having been taken prisoners of war by the forces of the United States and having been returned to our command, desire to make a statement of the inhuman treatment to which we and other Confederate soldiers are subjected when by the fortune of war we are thrown into the hands of the forces of the United States Government and ask that, if it is possible, some action may be taken by our Government to secure for prisoners of war humane treatment and if possible the treatment universally recognized by civilized nations engaged in war. We were captured, our horses and equipments were taken as they had a right; but they did not stop at this, but they by order of the provost-marshal of Lexington, Ky. (a Captain Hurlbut), robbed us of our clothing, blankets and money, even our pocket combs and knives. Some of us were put into a filthy negro jail, unhealthy and loathsome upon account of the vermin. Some of us were placed in iron cells and closely confined. Our food at Lexington and Louisville was unwholesome in character and even if it had been of a good quality totally insufficient for the use of the men. Captain Gray, commanding Company L, Tenth [Kentucky] Regiment Federal Cavalry, having captured three of the undersigned placed us in the county jail of Fleming County and kept us there for two days and three nights without making the least arrangement for our food or necessities. When we were taken the weather was very cold and disagreeable. They now have in close confinement handcuffed Henry Greenway, a private in Capt. Pete Everett’s company, First Battalion Kentucky Mounted Rifles, C. S. Army. They decline to exchange him as a prisoner of war and we understood from Greenway that he was to be shot and he desired that his case should be presented to you. On account of the inhuman neglect of those in charge of the U. S. prisoners at Louisville and at Lexington, Ky., and those having charge of the transportation of our men from the different points at which they are confined to the Confederate lines many a soldier fails to reach his command. They often are left to die on the road and to our own knowledge men died from neglect belonging to the party to which we belonged in coming from Louisville, Ky., to City Point. While at Louisville, Ky., were under the charge of negroes who gave us our food in such quantity as suited them and gave us the privilege of coming under shelter as they pleased.

JOS. HIBLER. JOHN CRAIG. JACOB JOHNSON. THOMAS B. FISHBACK. JOHN M. FISHBACK. JAMES L. SHIELDS.

{p.940}

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Joint resolutions adopted by the Confederate Congress on the subject of retaliation April 30-May 1, 1863.

Resolved by the Congress of the Confederate States of America in response to the message of the President transmitted to Congress at the commencement of the present session, That in the opinion of Congress the commissioned officers of the enemy ought not to be delivered to the authorities of the respective States as suggested in the said message, but all captives taken by the Confederate forces ought to be dealt with and disposed of by the Confederate Government.

2. That in the judgment of Congress the proclamations of the President of the United States dated respectively September 22, 1862, and January 1, 1863, and the other measures of the Government of the United States and of its authorities, commanders and forces designed or tending to emancipate slaves in the Confederate States or to abduct such slaves or to incite them to insurrection, or to employ negroes in war against the Confederate States or to overthrow the institution of African slavery and bring on a servile war in these States would if successful produce atrocious consequences, and they are inconsistent with the spirit of those usages which in modern warfare prevail among civilized nations; they may therefore be properly and lawfully repressed by retaliation.

3. That in every case wherein during the present war any violation of the laws or usages of war among civilized nations shall be or has been done and perpetrated by those acting under the authority of the Government of the United States en the persons or property of citizens of the Confederate States or of those under the protection or in the land or naval service of the Confederate States or of any State of the Confederacy the President of the Confederate States is hereby authorized to cause full and ample retaliation to be made for every such violation, in such manner and to such extent as he may think proper.

4. That every white person being a commissioned officer or acting as such who during the present war shall command negroes or mulattoes in arms against the Confederate States or who shall arm, train, organize or prepare negroes or mulattoes for military service against the Confederate States or who shall voluntarily aid negroes or mulattoes in any military enterprise, attack or conflict in such service shall be deemed as inciting servile insurrection, and shall if captured be put to death or be otherwise punished at the discretion of the court.

5. Every person being a commissioned officer or acting as such in the service of the enemy who shall during the present war excite or attempt to excite or cause to be excited a servile insurrection or who shall incite or cause to be incited a slave to rebel shall if captured be put to death or be otherwise punished at the discretion of the court.

6. Every person charged with an offense punishable under the preceding resolution shall during the present war be tried before the military court attached to the army or corps by the troops of which he shall have been captured or by such other military court as the President may direct and in such manner and under such regulations as the President shall prescribe; and after conviction the President may commute the punishment in such manner and on such terms as he may deem proper.

7. All negroes and mulattoes who shall be engaged in war or be taken in arms against the Confederate States or shall give aid or comfort to the enemies of the Confederate States shall when captured in {p.941} the Confederate States be delivered to the authorities of the State or States in which they shall be captured to be dealt with according to the present or future law of such State or States.

TH. S. BOCOCK, Speaker of the House of Representatives. ALEXANDER H. STEPHENS, President of the Senate.

Approved May 1, 1863.

JEFFERSON DAVIS.

–––

CHARLESTON, May 1, 1863.

Doctor CROWELL, Medical Director Hospitals, Charleston, S. C.

SIR: The prisoners who have died in the Queen Street Hospital have left in my hands $475.54. I have also $98.75 belonging to two paroled prisoners which amount was accidentally omitted to be returned in the hurry of moving. I have also four silver watches, a note of $200 and a few articles of little or no value. Be pleased to notify me at your earliest convenience what disposition is to be made of these effects, and oblige,

Your obedient servant,

JOHN L. DAWSON, M. D., Prisoners’ Hospital.

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WAR DEPARTMENT, Richmond, May 2, 1863.

M. J. SAFFOLD, Esq., Montgomery, Ala.

SIR: Your reports of the examinations of political prisoners at Mobile and Pollard, Ala., have been received and examined. Your action in the premises meets the entire approbation of the Department.

J. A. CAMPBELL, Assistant Secretary of War.

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WAR DEPARTMENT, Richmond, Va., May 2, 1863.

Hon. JAMES A. SEDDON, Secretary of War.

SIR: I respectfully recommend that of the Federal officers now held by us a sufficient number be set aside to retaliate for the unjust detention of the following-named persons all of whom have been in prison for more than six months, and all of whom are already declared exchanged by the Federal agent of exchange, to wit: Surg. Joseph E. Dixon, at Johnson’s Island; Col. John A. Poindexter, at Saint Louis jail; Col. J. C. Morehead, Lieut. James H. Baker and [Private] J. W. Garrett, at Johnson’s Island; Daniel B. Vincent, merchant captain, and John C. Lea, Isaac B. Smith, Thomas Murray, Samuel Burrows, pilots, at Fort Lafayette or Delaware; Colonel Zarvona (Thomas), Fort Delaware, and Surgeon Green, held as a hostage for the infamous Rucker.

Respectfully, your obedient servant,

RO. OULD, Agent of Exchange.

{p.942}

–––

CIRCULAR.]

HEADQUARTERS ARMY OF TENNESSEE, Tullahoma, May 2, 1863.

The following telegram from General S. Cooper, Adjutant and Inspector General, Richmond, is published for the information of all concerned:

All men delivered by the Federal authorities at City Point are duly exchanged and fully released from their paroles.

S. COOPER, Adjutant and Inspector-General.

All soldiers so delivered belonging to this army are hereby ordered to join their proper commands without delay.

By command of General Bragg:

KINLOCH FALCONER, Assistant Adjutant-General.

–––

FIRST LOUISIANA HOSPITAL, Brookhaven, Miss., May 2, 1863.

Lieut. Gen. J. C. PEMBERTON, Comdg. Dept. of Mississippi and East Louisiana, Jackson, Miss.

GENERAL: On 29th ultimo the Federal cavalry force under Colonel Grierson entered this place and made prisoners the sick soldiers, their nurses and the other attendants of this hospital. They were regularly paroled and a correct list* of them is herewith forwarded. Having been short of provisions since 26th of April and unable to obtain supplies from Jackson in consequence of injury to the railroad I was compelled to send off with leave of absence for twenty days such men as could without difficulty reach their homes. A list* of these men is also forwarded. I have to state that the conduct of the enemy toward the hospital and its officers was entirely proper. Nothing was injured or disturbed in the slightest particular. There are here remaining fifty-eight men, paroled prisoners, awaiting your orders.

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

R. B. MAURY, Surgeon in Charge.

* Not found.

–––

JACKSON, May 3, 1863.

Lieutenant-General PEMBERTON:

General Buckner says Federal prisoners can be sent to Selma, Ala. Shall I send them?

JOHN ADAMS, Brigadier-General.

–––

JACKSON, May 3, 1863.

Lieutenant-General PEMBERTON:

Have not heard from Montgomery. Telegraphed Selma. Commanding officer there says he can take the Federal prisoners if General Buckner is willing. Have telegraphed General Buckner. Received no answer yet. What shall I do?

JOHN ADAMS, Brigadier-General.

{p.943}

–––

JACKSON, May 3, 1863.

Lieutenant-General PEMBERTON:

The following dispatch has just been received from Robert Ould:

All officers and men who have been delivered at City Point, Va., by the Federal authorities up to this date are fully exchanged and fully released from their parole.

RO. OULD.

JOHN ADAMS, Brigadier-General.

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EXECUTIVE OFFICE, Tullahoma, Tenn., May 4, 1863.

Hon. JAMES A. SEDDON.

SIR: I send you herewith a note which I have just received from Col. Joel A. Battle upon the subject of the arrest and imprisonment at Camp Chase of his daughter Miss Fannie Battle and Miss Booker. They are refined and very excellent young ladies belonging to the best families in the county, and were arrested alone upon the ground of their strong and openly avowed sympathies with the Confederate cause. Miss Battle has had two brothers killed in battle and her father dangerously wounded at the head of his regiment (the Twentieth Tennessee) at the battle of Shiloh. General Bragg tells me that he can do nothing here in the premises and advises me to address you upon the subject. I trust that the peculiar character of this case will be held to justify the most speedy and decided action. If these ladies are not liberated is it not legitimate to retaliate by placing in close confinement a number of Federal officers?

Very respectfully,

ISHAM G. HARRIS.

[First indorsement.]

Mr. S.

Answer Governor Harris and inform him of what I have done.

J. A. SEDDON.

[Second indorsement.]

MAY 11, 1863.

Mr. OULD:

Another shameful outrage of the enemy in spite of their promise to cease such attests. Do all you can to procure the release of these ladies.

J. A. SEDDON, Secretary.

[Third indorsement.]

OFFICE EXCHANGE OF PRISONERS, Richmond, May 19, 1863.

Respectfully returned to Hon. James A. Seddon, Secretary of War. Miss Battle and Miss Booker were delivered at City Point, Va., May 13, 1863, via flag-of-truce boat.

RO. OULD, Agent of Exchange.

[Inclosure.]

WINCHESTER, TENN., May 4, 1863.

Hon. I. G. HARRIS.

DEAR SIR: A rumor reached me some days since that one of my daughters, Fannie, has been arrested by the Federal authorities and {p.944} would probably be sent to a Northern prison. Yesterday I learned for the first time that the report was certainly true and that she was confined closely at Camp Chase in a room adjoining a hospital. Another young lady, Miss Harriet Booker, a daughter of one of our friends in my neighborhood, was arrested at the same time and is confined with my daughter. I have no personal acquaintance with either General Johnston or General Bragg and I would take it as a very great kindness in you if you will see them and know if anything can be done by which my daughter and Miss Booker can be exchanged or the Federals induced to give them up. I am not advised as to whether we have any ladies prisoners in the South, but if their newspaper accounts are true there are some in our lines who ought to be if they persist in their policy of incarcerating our women and burning our houses. A copy of the Nashville Union now before me of a late date gives an account of the cordial reception of Federal prisoners by the ladies of Shelbyville. For a less offense my daughter is to be closely confined in a loathsome Northern prison. Will you do me the favor of attending to the foregoing request at your earliest convenience and write me at this place?

Respectfully, your friend,

JOEL A. BATTLE.

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SPECIAL ORDERS, No. 108.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, May 5, 1863.

...

XXIII. The officers now in Petersburg who have lately been prisoners will proceed to rejoin their proper commands as soon as they shall have been declared exchanged.

By command of the Secretary of War:

JNO. WITHERS, Assistant Adjutant-General.

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RICHMOND, May 7, 1863.

General EARL VAN DORN, Columbia, Tenn.:

All officers captured prior to 1st day of April last and who have been released upon parole are duly and regularly exchanged and should rejoin their proper commands at once.

S. COOPER, Adjutant and Inspector General.

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HEADQUARTERS, May 7, 1863.

Hon. J. A. SEDDON, Secretary of War.

SIR: I have the honor to acknowledge the receipt of your letter of to-day. If the returned prisoners are intended to re-enforce General Pemberton they should start to join him to-morrow. There is no good reason that I know of why they should not-that is if that is their destination. I fear that they may be too late to be useful there or elsewhere if they start. Any delay will increase the probabilities of losing their services in the present campaign. I hope therefore that they will be sent at once or not at all.

I remain, sir, with great respect, &c., your most obedient servant,

J. LONGSTREET, Lieutenant-General, Commanding.

{p.945}

–––

WAR DEPARTMENT, Richmond, Va., May 7, 1863.

SECRETARY OF WAR.

SIR: While a prisoner of war at Memphis Lieutenant-Colonel Woods, of the C. S. Army, a prisoner confined in the Irving Block Prison, was shot dead while he was asleep by Lieutenant Lewis [Denis Daily], of the U. S. Army. Colonel Woods had paid Lieutenant Lewis money to aid him in making his escape. After Colonel Woods made his escape Lewis had him (Lieutenant-Colonel Woods) rearrested. After Colonel Woods was rearrested he said Lewis did not act the gentleman with him-he had given Lieutenant Lewis his money and then he (Lewis) betrayed him.

Lieutenant-Colonel Woods was in charge of Lieutenant Larkin and his company. When Lieutenant Lewis went to the prison and asked to see Lieutenant-Colonel Woods he was shown to him. Colonel Woods was asleep. He (Lieutenant Lewis) drew his pistol and shot Colonel Woods in the head, which produced instant death.

Lieutenant Lewis was tried by a court-martial but was not confined and he went to parts unknown. The decision of the court was not made known.

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

JAS. HOEY, Lieutenant, Company A, Seventeenth Arkansas, C. S. Army.

[First indorsement.]

OFFICE EXCHANGE OF PRISONERS, Richmond, May 20, 1863.

Respectfully referred to Lieut. Col. William H. Ludlow, agent of exchange for further information in connection with this most extraordinary case.

RO. OULD, Agent of Exchange.

[Second indorsement.]

FORT MONROE, May 26, 1863.

Respectfully referred to Col. William Hoffman, commissary-general of prisoners.

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

[Third indorsement.]

OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, June 11, 1863.

Respectfully referred to Major-General Hurlbut with the request that the facts in this case may be given.*

W. HOFFMAN, Colonel Third U. S. Infantry, Commissary-General of Prisoners.

* See Vol. VI, this Series, for Hurlbut to Hoffman, June 23, 1863, making report upon this matter.

–––

RICHMOND, May 8, 1863.

CHARLES D. MYERS, Assistant Adjutant-General, Petersburg:

All officers delivered by the Federal authorities at City Point up to May 6 are duly and regularly exchanged.

S. COOPER, Adjutant and Inspector General.

{p.946}

–––

EXECUTIVE DEPARTMENT, Montgomery, Ala., May 8, 1863.

Hon. JAMES A. SEDDON, Secretary of War, Richmond, Va.

SIR: I am advised that among the prisoners recently captured near Rome, Ga., by General Forrest are officers found serving within the limits of the State of Alabama with armed slaves inciting slaves to insurrection within this State. If this information proves to be correct the departure from the rules of civilized warfare will and should deprive them of the benefit of any convention giving them the privileges of prisoners of war and render them amenable to the laws of the State of Alabama as criminals. In order that the military authorities might not be trammeled by any action in advance which might prejudice the claim of the State of Alabama upon these prisoners I telegraphed to General Bragg my intention to demand them for trial under the laws of this State, and the propriety of granting it can easily be determined upon the reports which General Forrest will make of the results of his expedition. If his report should state the fact to be as I have been informed the case of these officers will be clearly within the announcement of the intention of the President in relation to the proclamation of President Lincoln that they shall be surrendered on demand to the State authorities for trial.

But another matter has been brought to my notice in reference to this capture to which I wish especially to call your attention, not with a view of embarrassing the action of the Government, but to arrive at just and correct conclusions as to the proper course to pursue not only in relation to the present but to future captures of our own citizens willingly serving in the ranks of the enemy. Among the prisoners captured by General Forrest I understand there are two companies of Alabamians who have enlisted as such in the army of the enemy, and having been engaged with known enemies of the State and the Confederate States in acts not justified by any rule of war or by necessity have been captured on the soil of Alabama not only levying war against the State but instigating slaves to rebellion and committing deeds of rapine and destruction upon the property of its citizens without the excuse which can pertain to military necessity or the course of war. If the uniform of our enemy is to continue to protect their officers and men in their depredations upon private property and wanton destruction of commodities which cannot be classed as munitions of war to say nothing of assaults upon peaceful citizens and inhuman treatment of the helpless and unprotected or their instigation of our slaves to leave their service is it also to protect our recreant and traitorous citizens who still claiming themselves as Alabamians afford to our enemies the means of striking at the heart of the State and when captured claim the flag of our enemy as their protection? Ample opportunity was given to these traitors to cast their lot with the enemy and remove this reproach and stigma from the State. With a forbearance before unknown one of the earliest acts of the Confederacy was to invite those who preferred the rule of our enemies to leave our borders in peace and establish themselves in the Government of their choice. But these traitors preferred to remain that their crime might strike deeper and their blow fall heavier, and having chosen their status as citizens of a State of the Confederacy they should not be allowed to escape the penalty of treason which they have invited. They stand as citizens levying war as well as giving aid and comfort to our enemies.

They have chosen this position deliberately well knowing the penalty, rejecting the clemency of the Government, leaving in many instances {p.947} their dependent families upon our soil to be supported by the charity of our people and proclaiming their intention to lead or accompany the armies of our enemy for our overthrow and destruction. If there could be any doubt as to their position if captured in legitimate warfare in the ranks of our enemies that doubt must be resolved when they abandon such warfare to engage in pillage of private property and murderous destruction of life. No commission can justify deeds of rapine and violation of the rules of civilized warfare. Even if through motives of policy we suspend the proper and fitting punishment of our known enemies, citizens of hostile States or aliens serving in their ranks who under orders of their superiors commit such acts of wanton depredation, the same reasons cannot apply to these marauders who flaunt the flag of their treason in our faces and dare and defy us in their malice. I do not wish to discuss the question whether their treason to their own State is merged in their treason against the Confederacy nor to embarrass the Confederate Government with questions of jurisdiction. It will be enough for me and the State I represent if these traitors be taught that impunity is not to be bought with bravado, and it will be a matter of indifference whether they receive the reward of their treason at the hands of the Confederacy or by the laws of the State. It is then with a view of disembarrassing the Confederate Government that I respectfully request that these marauders be delivered up to the authorities of this State for trial by her civil tribunals for their acts of violence and rapine against our citizens and their treason against the State whose citizens they claim to be. It cannot be alleged for them as it might be for traitorous citizens of border States that there are conflicting claims of hostile governments to jurisdiction or that the State has failed through the calamity of war to afford protection and redress to her citizens. Their position has been voluntarily sought, their treason openly avowed and boastingly vindicated, their attack upon the State premeditated, their violence wanton and malicious. They have braved the penalty of treason in avowing themselves Alabamians and as such serving with marauding bands of the enemy within the borders of our State and are not entitled to the privileges of prisoners of war. If it is preferred by the Confederate authorities to retain and try them for their treasonable acts I am willing to waive the demand on the part of the State; but believing that justice will be fully and fairly meted out to them by the judicial tribunals of Alabama it would be more agreeable to me that both the officers mentioned and the men alluded to be turned over upon my demands to the State authorities. Proper arrangements will be made for their safekeeping until they can have a fair and impartial trial.

Very respectfully, your obedient servant,

JNO. GILL SHORTER, Governor of Alabama.

N. B.-It may become expedient in order to satisfy the public mind now much exercised on these questions to publish our correspondence. I shall be pleased to receive any suggestion from you on this point.

J. G. S.

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TULLAHOMA, May 9, 1863.

General S. COOPER:

In my dispatch of the 7th instant I intended to ask whether I should send the officers who commanded the party of the enemy by whom negroes were seized to Richmond or turn them over to the Governor of Alabama.

B. BRAGG.

{p.948}

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HEADQUARTERS DIVISION, May 9, 1863.

Maj. A. S. PENDLETON, Assistant Adjutant-General.

MAJOR: I understand that a very great number of prisoners taken have on their knapsacks shelter-tents. These are beyond a doubt public property, having been issued to them by the United States Government. These things are very useful and I would respectfully suggest that steps be taken to secure them for our Government.

Very respectfully, your obedient servant,

H. HETH, Brigadier-General.

[First indorsement.]

HEADQUARTERS SECOND ARMY CORPS, May 10, 1863.

Respectfully forwarded and recommended that the authorities in Richmond be written to to secure these articles.

A. P. HILL, Major-General, Commanding.

[Second indorsement.]

MAY 11, 1863.

Respectfully referred to Brigadier-General Winder. It is thought that nearly all the shelter-tents were secured before the prisoners were sent down.

By order of General Lee:

W. H. TAYLOR, Assistant Adjutant-General.

[Third indorsement.]

HEADQUARTERS DEPARTMENT OF HENRICO, Richmond, May 13, 1863.

Respectfully referred to Captain Turner, who will carry the suggestion of General Heth into execution. Please return this paper.

By order of General Winder:

J. W. PEGRAM, Assistant Adjutant-General.

[Fourth indorsement.]

C. S. MILITARY PRISON, May -, 1863.

Nearly all the shelter-tents had-been taken from the prisoners before they reached this prison.

T. P. TURNER, Captain, Commanding.

[Fifth indorsement.]

HEADQUARTERS DEPARTMENT OF HENRICO, Richmond, May 16, 1863.

Respectfully forwarded to Brig. Gen. R. H. Chilton, assistant adjutant and inspector general, with the remarks of Captain Turner.

JNO. H. WINDER, Brigadier-General.

{p.949}

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GENERAL ORDERS, No. 58.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, May 11, 1863.

I. The following notice relative to exchanged prisoners is published for the information of all concerned:

EXCHANGE NOTICE, No. 5.]

RICHMOND, May 9, 1863.

The following Confederate officers and men have been duly exchanged and are hereby so declared:

1. All officers and men who have been delivered at City Point at any time previous to May 6, 1863.

2. All officers captured at any place before the 1st of April, 1863, who have been released on parole.

3. All men captured in North Carolina or Virginia before the 1st of March, 1863, who have been released on parole.

4. The officers and men captured and paroled by General S. P. Carter in his expedition to East Tennessee in December last.

5. The officers and men captured and paroled by Lieutenant-Colonel Stuart at Van Buren, Ark., January 25, 1863; by Colonel Dickey in December, 1862, in his march to the Mobile and Ohio Railroad and by Captain Cameron at Corinth, Miss., in December, 1862.

6. The officers and men paroled at Oxford, Miss., on the 23d of December, 1862; at Des Arc, Ark., on the 17th of January, 1863, and at Baton Rouge, La., on the 23d February, 1863.

7. All persons who have been captured on the sea or the waters leading to the same or upon the sea-coast of the Confederate or United States at any time previous to December 10, 1862.

8. All civilians who have been arrested at any time before the 6th of May, 1863, and released on parole are discharged from any and every obligation contained in said parole. If any such person has taken any oath of allegiance to the United States or given any bond or if his release was accompanied with any other conditions he is discharged from the same.

9. If any person embraced in any of the foregoing sections or in any section of any previous exchange notice wherein they are declared exchanged are in any Federal prison, they are to be immediately released and delivered to the Confederate authorities.

RO. OULD, Agent of Exchange.

II. All persons whether citizens or soldiers are expressly prohibited from using or in any manner interfering with fuel or wood cut and delivered for the use of railroads or railroad companies. It is of the first importance that this order should be observed and it will be strictly obeyed and enforced by the Army.

By order:

S. COOPER, Adjutant and inspector General.

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RICHMOND, May 11, 1863.

Lieutenant-General PEMBERTON:

All newspaper correspondents, traders and citizens of the United States captured on board steamers plying [the] Mississippi will be sent directly to this place to be disposed of by the authorities here.

RO. OULD, Agent for Exchange of Prisoners.

{p.950}

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SPECIAL ORDERS, No. 113.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, May 11, 1863.

...

XIV. The Missouri officers and enlisted men who were exchanged at City Point on the 4th instant will immediately be sent to report for duty to General E. K. Smith at Alexandria.

By command of the Secretary of War:

JNO. WITHERS, Assistant Adjutant-General.

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RICHMOND, May 13, 1863.

General B. BRAGG, Tullahoma, Tenn.:

Send at once to this city all captured officers and men.

S. COOPER, Adjutant and Inspector General.

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OFFICE EXCHANGE OF PRISONERS, Richmond, Va., May 13, 1863.

[General B. BRAGG:]

All Federal officers and men captured by our forces and not released on parole will be sent direct to this place to be disposed of by the authorities here.

RO. OULD, Agent of Exchange.

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RICHMOND, VA., May 14, 1863.

Honorable SECRETARY OF WAR.

SIR: I take this opportunity of dropping these few lines. I was taken prisoner at the late fights on the Rappahannock and have taken the oath of allegiance to support the Confederate States of America. My reason was one which all true Southern men come to. I am a son of Frank P. Blair, of Missouri, and a nephew of Hon. Montgomery Blair, Lincoln’s Postmaster-General. I was in the Yankee Army about seven months. I have served about three months as a private soldier and four months as a lieutenant. I hereby offer my services to the Southern Confederacy in any capacity that you may think proper.

I am, very respectfully, your obedient servant,

FRANK P. BLAIR, JR.*

[Indorsement.]

JUNE 20, 1863.

I have heard privately the suggestion that the motive of this young man is to save from sequestration some property of his own or his family in the South. Timeo Danaos.

R. G. H. K[EAN].

* Evidently an impostor.

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CHRISTIANSBURG, VA., May 14, 1863.

Hon. JAMES A. SEDDON.

DEAR SIR: At the commencement of the war there was a young man in this place who volunteered in Captain Trigg’s company, called the {p.951} Wise Fencibles, afterwards the Montgomery Fencibles. He remained in service until the battle of Kernstown when he was taken prisoner. He was confined in Fort Delaware for a considerable time. He was on General Jackson’s staff at the time of his capture. His father lives in Pennsylvania or New Jersey, who visited him in his confinement and urged him to take the oath of allegiance to the Northern Government and be released. He refused most peremptorily and the old man finding that no argument would induce his son thus to take the oath returned home and after some time returned and represented to his son that his mother was deranged and obtained certificates from physicians to prove the fact, and represented that it was en his account that this derangement existed and urged him to take the oath and obtain his release in order that he might visit his mother and thereby be the means of restoring her mind. Making such an issue as this with his son and having previously arranged the matter with Lincoln not to have him exchanged he consented on his mother’s account for whom he entertained the most tender regard to take the oath, but which was done at the time under a protest. When he arrived at his father’s he found that his father had deceived him and that his mother was not deranged, and was dissatisfied with the course pursued by his father. From these considerations and the bad treatment he received from his father he determined to make his escape and return to Virginia, which he effected. He is now a captain of a company in Col. Henry A. Edmundson’s battalion, and was very near being again captured at the fight on Blackwater under General Pryor. He is now on his march to Kentucky where he took a trip some weeks ago and returned. It has occurred to me that if he should again be taken prisoner he might be dealt with very severely, and I have therefore felt it a duty to bring his case to your attention and see if he could not be exchanged or something done to relieve him of his present situation. He is devoted to the South and is willing to sacrifice even his life in her cause. His name is George G. Junkin. I should be much pleased to hear from you on this subject. I have stated his case precisely as I understand it, having received the information from him.

Very respectfully, your humble servant,

R. D. MONTAGUE.

[Indorsement.]

WAR DEPARTMENT, May 18, 1863.

The gentleman referred to herein was a brother-in-law of General T. J. Jackson. On his return from the North he sent through General Jackson a resignation of his command with a very touching narration of the circumstances by which he had been induced to take the oath and his deep humiliation and contrition for having done so. The resignation was accepted.

R. G. H. K[EAN,] Chief of Bureau of War.

–––

GENERAL ORDERS, No. 62.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, May 16, 1863.

I. In accordance with an act to amend an act entitled “An act to better provide for the sick and wounded of the army in hospitals,” approved May 1, 1863, the following modifications in General Orders, No. 95, last series from this office, are published:

The commuted value of rations for sick and disabled soldiers in hospitals (field or general) will until further orders be $1.25.

{p.952}

II. Hospital laundresses will be paid $25 per month and allowed rations and quarters.

By order:

S. COOPER, Adjutant and Inspector General.

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EXECUTIVE DEPARTMENT, Raleigh, May 18, 1863.

Hon. JAMES A. SEDDON, Secretary of War, Richmond, Va.

SIR: I had the honor to request of you some time since an examination into the case of Lieut. Col. J. A. Keith, Sixty-fourth North Carolina Troops, charged with the murder of some unarmed prisoners and little boys during the recent troubles in the mountains of this State. I have heard by rumor only that he was brought before a court-martial and honorably acquitted by producing an order for his conduct from General Davis, commanding in East Tennessee. I have also been officially notified of his resignation. Will it be consistent with your sense of duty to furnish me a copy of the proceedings of the court-martial in his case? Murder is a crime against the common law in this State and he is now subject to that law.

Very respectfully, &c.,

Z. B. VANCE.

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WAR DEPARTMENT, Richmond, May 19, 1863.

General BRAXTON BRAGG, Tullahoma, Tenn.:

Governor J. G. Shorter writes that he had requested to retain the officers and the two companies of Alabamians among prisoners captured by General N. B. Forrest as he designs requesting their delivery to him for trial. If not previously sent hold them subject to further orders.

JAMES A. SEDDON, Secretary of War.

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CHARLESTON, S. C., May 19, 1863.

Hon. PIERRE SOULÉ, Havana, Cuba. (Care of Señor Don Juan de Bances.)

DEAR SIR: I send you herewith inclosed a letter* from the Hon. Charles M. Conrad inclosing me an order of the War Department at Richmond containing a notice from Mr. Robert Ould, C. S. agent for the exchange of prisoners, which I think embraces your case and releases you from any obligations or parole to the U. S. authorities. I hope then that you will take the earliest opportunity to return amongst us and accept the position of volunteer aide on my staff which you desired last year before the fall of New Orleans, or should I be able to serve you in any other way pray let me know and it shall be done with much pleasure.

I suppose you have heard by this time of our success here and near Fredericksburg, but unfortunately without visible or marked results on the present struggle. The people of the North appear to be as determined as ever to wage upon us a war of extermination. Our country is being gradually overrun, and although we recover the lost ground occasionally still the damages incurred cannot be repaired.

{p.953}

Ceux qui nous gouvernent doivent sûrement se nourrir de “Hatchie,” car malgré nos malheurs, ils croient toujours à une paix dans soixante jours!

But I have faith in the future-our people are resolved to die rather than submit to Yankee rule! With that determination they cannot be conquered.

Hoping to have the pleasure of seeing you soon, I remain, truly, your friend,

G. T. BEAUREGARD.

* Not found.

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SPECIAL ORDERS, No.-.}

HEADQUARTERS, Near Canton, Miss., May 21, 1863.

I. When the services of Federal medical officers are not required for the care of Federal wounded in hospital at Jackson they will be at once sent to Richmond.

II. All Federal sick and wounded in hospital at Jackson who can bear transportation will be sent immediately to hospital at Montgomery, Ala.

The necessary number of medical officers will be sent with them.

By command of General Johnston:

B. S. EWELL, Assistant Adjutant-General.

–––

RALEIGH, May 22, 1863.

Hon. J. A. SEDDON, Richmond, Va.:

I send you thirteen prisoners captured by my State troops, having no place to keep them. Please retain them until I notify you that they may be exchanged. The enemy murdered two of my men and I wish to retaliate as soon as I can communicate with General Foster.

Z. B. VANCE.

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KNOXVILLE, May 22, 1863.

Hon. GEORGE BROWN, Judge of the Third Judicial Circuit of Tennessee:

Respondent John E. Toole for answer and return to your honor’s writ of habeas corpus issued upon the petition of Stephen McKee, Michael Malone and Jonathan Summit would respectfully state and show unto your honor that the statement of petitioners that they are restrained of their liberty upon a charge of the murder of John Cunningham, who was a citizen of Monroe County, &c., is wholly untrue and without foundation. Petitioners were not arrested and have not been held upon the charge of the murder of John Cunningham.

Respondent here begs leave to submit to your honor a full and correct statement of facts as to the manner in which petitioners came into the custody of respondent:

On the 3d of this month Col. G. Troup Maxwell, an officer of the C. S. Army, commandant of the post at London, Tenn., sent said petitioners as prisoners under guard to respondent as provost-marshal for the Department of East Tennessee charged with disloyalty and treason against the Government of the Confederate States in harboring and feeding a band of bushwhackers who were committing acts of violence upon the citizens of Monroe County, Tenn., and in discharge of my duty as a subordinate officer of the Confederate Army and in obedience {p.954} to general orders and instructions from the commanding general of the Department of East Tennessee said petitioners were committed to the military prison at Knoxville to await such further disposition as the Confederate authorities might make in the premises. Afterwards, to wit, on the 12th instant Michael Malone, one of said petitioners, was released from custody upon my application and permitted to return home, and a few days since after the service of the writ upon me petitioners Stephen McKee and Jonathan Summit were arrested and taken out of the custody of the military authorities by the C. S. marshal for the District of East Tennessee upon a warrant for treason issued by Confederate Commissioner Elliott. Consequently none of said petitioners are in my custody or under my control or the control of the military authorities, but are in the custody and under the control of the civil officers of the Confederate Government, and for this reason I have no power or authority to have the bodies of petitioners before your honor at Sweet Water Depot on the 23d instant as directed and required by your honor’s writ.

Now, having made full answer and return of my doings in the premises I pray to be hence dismissed.

JOHN E. TOOLE, Colonel and Provost-Marshal Department of East Tennessee.

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HEADQUARTERS IN THE FIELD, Okolona, Miss, May 22, 1863.

Maj. R. W. MEMMINGER, Assistant Adjutant-General.

SIR: I have the honor to report for the information of the lieutenant-general commanding the department that on the 20th instant some forty persons, citizens of Missouri, reached the vicinity of Pontotoc under Federal military escort, exiled from their homes by the mandates from the Federal Government. The circumstances were such that it seemed to be incumbent upon me to receive them, especially as a large proportion of them are ladies and children driven to the alternative of exile from their homes, coming within our military lines or imprisonment at the North. This act of hospitality to our citizens who have become victims of political oppression after having fallen under the enemy’s power seems due alike from motives of humanity and public courtesy.

A complete copy of the Federal orders and other papers accompanying these exiles is herewith* communicated for the information of the honorable Secretary of War. It will be seen that the Federal system of espionage, their orders of arrest, their despotic mandates of exile in the cases of delicate ladies and innocent children, their seizure of property of the wealthy exiles, their instigation of servile war, combined with the general and unrestrained license to plunder, rob and destroy which marks the movements of their military forces indicate the speedy inauguration of a reign of terror unparalleled in the history of civilized races of men. It is also to be observed that this Federal system of exile is designed to strike terror among loyal citizens in all border communities and to paralyze their actions and sympathies as well as to throw upon us on any pretense their spies, their outlaws and degraded classes at all times and for most unjustifiable causes.

The Federal authorities have prohibited exiles from bringing with them over $200 to each single person and $1,000 to each family, and {p.955} that not in gold or Confederate money but in Federal paper which is valueless and not currency within the Confederate lines.

Under these circumstances I feel constrained to recommend that in future persons thus forced from their homes under this system of tyranny be not received within our military lines with such special exceptions as it may be deemed expedient to make, and that explicit instructions be furnished me as to the policy and intentions of the Government on this subject.

Very respectfully, your obedient servant,

DANIEL RUGGLES, Brigadier-General, Commanding District.

* Not found.

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WAR DEPARTMENT, Richmond, Va., May 23, 1863.

His Excellency JOHN GILL SHORTER, Governor of Alabama, Montgomery, Ala.

SIR: I have the honor to acknowledge the receipt of your communication of the 8th instant advising that among the prisoners captured near Rome, Ga., were officers found serving within the limits of the State of Alabama with armed slaves, inciting slaves to insurrection within the State, and that also among the prisoners captured at the same time were two companies of Alabamians who had enlisted as such in the army of the enemy and having been engaged with known enemies of the State and Confederate States in acts not justified by any rule of war or necessity had been captured upon the soil of Alabama not only levying war against the State but inciting slaves to rebellion and committing rapine and destruction on the property of its citizens. You informed the Department that you had telegraphed General Bragg to retain both the officers and the two companies of Alabamians with the intention of demanding that they should be delivered to you for trial by the courts of your State for their offenses against its laws and sovereignty. At the same time you state a willingness to waive such demand on the part of the State if it be preferred by the Confederate Government to retain and try these offenders for their crimes.

This communication has been submitted to the President and has been the subject of advisement and grave consideration,and I have been instructed to inform you that while on the statement of facts presented the offenses of these parties against the laws and dignity of the State are recognized yet considerations of public policy in his judgment make it more advisable that the cases should be brought under the cognizance of the tribunals of the Confederacy and remain subject to the final determination of its Executive. This it is not doubted will prove equally satisfactory not only to yourself but to the people of the State whose confidence in the Confederacy and its authorities has been so nobly evinced under all the trying ordeals of the war. It is proper to say, however, that some delay may arise in disposing of these cases from the necessity of awaiting the receipt of the official report of General Forrest.

I regret to inform you that before the receipt of your letter through the speedy action of the officials intrusted with the duty of exchanging prisoners the larger number of these alleged criminals have for the present escaped a just retribution. Without knowledge of their offenses or of your telegram to General Bragg the Adjutant-General had ordered the prisoners taken to be forwarded for exchange to this city, and under {p.956} that order they were accordingly sent. This I learned from General Bragg in reply to a telegram directing their retention. On inquiry here I find there was no Alabama regiment (so-called) among the prisoners, but of a so-called Tennessee regiment there were two companies which are believed to have been composed of Alabamians. The privates had before the receipt of your letter been sent off under the cartel. Some of the officers of these companies as well as of the other regiments captured by General Forrest remain, and they will suffice perhaps to exhibit the determination of the Government and serve as exemplars of the punishment which will be visited on such crimes. The measure of forbearance so long exhibited by the authorities and people of the South under the outrages and atrocious violations of all the usages of civilized warfare by the enemy has been at last exhausted, and it only remains to vindicate by unavoidable retaliation the wrongs of our army and people and if possible deter by fear our unscrupulous foes insensible to all higher influences from a repetition of their atrocities.

Yours, with esteem,

JAMES A. SEDDON, Secretary of War.

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WAR DEPARTMENT, Richmond, Va., May 23, 1863.

His Excellency Z. B. VANCE, Governor of North Carolina.

SIR: Your letter of the 18th instant has been received. The resignation of Lieutenant-Colonel Keith was accepted at the office of the Adjutant and Inspector General the 15th instant. No proceedings of a court-martial in his case have been received. His resignation was accepted on the recommendation of Colonel Palmer, commanding the brigade, and Major-General Maury, the examining board having reported against his competency. The Adjutant and Inspector General was not aware of the facts of the alleged murder as applying to this officer at the time of his action on the resignation, there being no reference to the facts in the papers before him. In a communication to the Department by Lieutenant-Colonel Keith he claims that Brigadier-General Heth gave him a verbal order to this effect: “I want no reports from you about your course at Laurel. I do not want to be troubled with any prisoners and the last one of them should be killed;” that he went on further to state that he had been troubled with several prisoners from Laurel, N. C., and he did not want any more brought to Knoxville. This statement is supported by the deposition of a Doctor Thompson, and Keith states in his letter that he can prove it by another witness. The communication of Keith and the deposition of Thompson were submitted to General Heth for remarks. He says that he gave written instructions to Keith which will be found on the books of the Department of East Tennessee. He admits that he told Keith that those found in arms ought not to be treated as enemies, and in the event of an engagement with them to take no prisoners as he considered that they had forfeited all such claims, but he denies in strong terms the making use of any remarks which would authorize maltreatment of prisoners who had been accepted as such or to women and children.

Very respectfully, your obedient servant,

JAMES A. SEDDON, Secretary of War.

{p.957}

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PROVOST-MARSHAL’S OFFICE, Weldon, May 23, 1863.

General D. H. HILL, Commanding Troops in North Carolina.

GENERAL: I send you under guard with evidence against him James Dutton, a man of disloyal sentiment and no doubt an enemy of the first grade to the Confederate States. The guard that accompanies this man heard him publicly use sentiments detrimental to our cause and you may elicit from them sufficient evidence to cause his arrest. I inclose a soldier’s discharge and his oath of allegiance.* The former you will discover is very imperfect, it not having been filled up. I believe the discharge a forgery. He was very impudent to me in questioning him and unreservedly uttered sentiments that would justify my pronouncing him a dangerous character.

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

W. BRENAN, Lieutenant and Provost-Marshal.

* Oath of allegiance, &c., omitted.

[Inclosure.]

WELDON, N. C., May 24, 1863.

Evidence of Sergt. L. LEWIS, Company A, Nineteenth Georgia:

I met prisoner at Weldon, N. C., under car-shed. He asked me to what regiment I belonged and where we were going. I told him we were going to Goldsborough or near there. He then replied that if we would behave ourselves and quit fighting we would all get to go home soon. I asked him what he meant by behaving ourselves and he made no answer. I then asked him where he lived. He said, “I live near Weldon; was born in Alabama.” I then asked him if he belonged to the army. He answered, “That is none of your business.” I then asked him what he was doing there and if he had any showing. He said, “I have, but won’t show them to you,” and at the same time tried to get away. I caught him by his coat collar and ordered him to show his papers. He told me that he was an old soldier and had been a member of the Fifth Alabama Regiment. I then had him put under arrest and sent to the provost-marshal.

Evidence of J. P. MERRITT, Company H, Nineteenth Georgia:

I first met prisoner at Weldon Hotel. He had his hand full of tobacco and asked me if I wanted to buy. After learning the price I told him no. He then asked me how we were getting along with the war in Virginia. I told him that we had whipped them there. He then said, “If you fellows will just only behave yourselves you will get to go home in a few days.” I then asked him his reasons for using such expression as that. He replied to me, “You damned rebel, is that any of your business?” I then asked him what regiment he belonged to. He said, “I belong to no regiment.” I asked him where he was from. He said, “From close about here;” then turned off to another gentleman and said, “I wouldn’t give ten Yankees for the whole Southern Army.” I then asked him if he was an Abolitionist. He said, “I have a right to be what I please. Is that any of your business?” I told him it was. He then said, “Well, make it your business, you damned scamp.” I then quit him and went and told Sergeant Lewis about him.

Evidence of R. E. GARNER, Company G, Twenty-third Georgia:

I first met prisoner in the eating saloon under car-shed. He was making sport of the proprietor about some tobacco he had bought. {p.958} They got to talking then and I was a listener. He told the proprietor he had been in service two years. The proprietor replied: “I have been in service about two years, too.” He then said: “You shall not go into service any more, nor I don’t intend to go, either.” He then turned around and said: “If you all had done as I wanted you to do you would have had peace and been at home now.” He said: “If we would go home and stay there about two months we would have peace anyhow.” We then wanted to know upon what terms peace could be made in so short a time. He then replied, addressing me: “I can send you home now if I would.” I told him I would like to go for I had been in service about two years and had never yet been home. He then said: “You wouldn’t go when I wanted you to and now you will have to stay here some time before you go.” We then asked him what authority he had to send us home. He said he had the authority, but refused to tell us what authority it was. He said then to the crowd that there were some few Yankees six of whom he wouldn’t give for every Confederate soldier. We spoke then of having him arrested for using such language. He said we had no authority for arresting him; that he had a right to say what he pleased. We asked him what right he had and wanted to see his authority for talking so. He had a small stick, a splinter, in his hand and said: “This is all the authority I want,” referring to the stick. We then thought he might have some office there and outranked us and that we would have no more to say to him right then but had better watch him awhile. We watched him till he fell in company with Sergeant Lewis and heard part of the conversation between him and the sergeant.

This is the evidence of the three witnesses as given to me by each one separately.

J. A. RICHARDSON, Lieutenant, Company C, Nineteenth Georgia Regiment.

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HEADQUARTERS DEPARTMENT No. 2, Shelbyville, Tenn., May 26, 1863.

Hon. C. L. VALLANDIGHAM, of Ohio, Shelbyville.

SIR: I inclose you the passport desired and congratulate you on your arrival in our land of liberty where you will find the freedom of speech and of conscience secured to all. Your sojourn amongst us as a private citizen, exiled by a foreign Government with which we are at war, will of course impose some restraints upon you which our people will fully appreciate. But I am satisfied you will ever receive the courtesy due your unfortunate position and the respect of all who learn the quiet and retired position you have determined to occupy.

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

BRAXTON BRAGG, General, C. S. Army.

[Inclosure.]

SHELBYVILLE, TENN., May 26, 1863.

Mr. Vallandigham, the bearer, a citizen of the State of Ohio, is permitted to pass as any citizen of the Confederacy within the limits of this department.

BRAXTON BRAGG, General.

{p.959}

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SPECIAL ORDERS, No. 125.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, Va., May 26, 1863.

...

XI. The depot for recaptured slaves at McMinnville, Tenn., as announced in General Orders, No. 25, current series, is hereby changed to Chattanooga, Tenn.

...

By command of the Secretary of War:

JNO. WITHERS, Assistant Adjutant-General.

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HEADQUARTERS ARMY OF NORTHERN VIRGINIA, May 27, 1863.

Hon. JAMES A. SEDDON, Secretary of War.

SIR: Since the receipt of your letter of April 13 with regard to the general orders (No. 49) issued by Major-General Halleck, commanding U. S. forces, on the subject of paroles and prisoners of war, I have had no fit opportunity of communicating to General Hooker your views concerning that order.

Upon a full examination of the subject I beg leave respectfully to submit for your consideration that in my opinion no good can be accomplished by a discussion with General Hooker of the various points suggested.

From the conduct of the United States Government for some time past in the long detention of our prisoners, &c., they do not seem to regard the late cartel as binding, nor is this order (No. 49) the rule of their conduct since they administer the oath to all prisoners who will take it, a clear violation of paragraph 8 of that order.

In their late expedition to Ashland they paroled our wounded men and others in violation of paragraph 6 of the same order.

This is an order issued for the guidance of all the armies of the United States, and I think some more satisfactory understanding might be arrived at by causing Commissioner Ould to present the subject to the Commissioner of the United States for the consideration of his Government. If he could effect only the more prompt return of our prisoners by the enemy it would be a considerable improvement on the state of things which has prevailed for some months past, and might prevent in a measure the suffering and loss incurred by long imprisonment.

Any letter which I might write to General Hooker would be referred by him to his Government, and would most probably lead to recrimination and end in a long and useless correspondence.

I am, with great respect, your obedient servant,

R. E. LEE, General.

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HEADQUARTERS DEPARTMENT No. 2, Shelbyville, May 27, 1863.

ADJUTANT AND INSPECTOR GENERAL, Richmond, Va.

SIR: On the 25th instant the Hon. C. L. Vallandigham, of Ohio, United States, was brought by an armed guard of the enemy to the {p.960} neutral ground between our pickets on the road from Murfreesborough to this place and was there abandoned by them. I have admitted him within my lines and received him with the courtesy due any unfortunate exile seeking a refuge from tyranny. He desires to go to the State of Georgia and I have granted him permission for that purpose. Should the Government desire any other policy in similar cases I shall be pleased to receive instructions.

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

BRAXTON BRAGG, General, Commanding.

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HARRISONBURG, May 28, 1863.

Hon. JAMES A. SEDDON, Secretary of War:

Allow an old Fredericksburg schoolmate of yours to suggest as to the disposal of the prisoners, both officers and privates, belonging to the negro regiments who may fall into our hands that they be employed in the Chesterfield coal-pits. The subject is difficult of solution and I will not undertake to elaborate the idea but would respectfully throw it out as my opinion worthy of the serious consideration of our Government.

Your friend and well-wisher,

J. M. W.

A communication addressed to surgeon in charge hospital at this place will reach me.

Very respectfully,

J. M. W.

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WAR DEPARTMENT, Richmond, May 28, 1863.

General BRAXTON BRAGG, Tullahoma, Tenn.:

In General N. B. Forrest’s report of capture of enemy near Rome no mention is made of armed negroes being engaged as has been represented by Governor J. G. Shorter. Request from General Forrest special report on that point.

JAMES A. SEDDON, Secretary of War.

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SPECIAL ORDERS, No. 127.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, May 28, 1863.

...

II. The Department of North Carolina will hereafter include the Department of Southern Virginia as far north as to embrace the city of Petersburg and its environs and including the Appomattox River. All the troops within this department thus extended will be under the command of Maj. Gen. D. H. Hill.

The arrangements for the parole and exchange of prisoners by the Appomattox River will as heretofore be under the control of the agent for exchange, Colonel Ould, and the disposal of the prisoners after {p.961} parole and exchange will be directed by the orders of Brigadier-General Winder, commanding the Department of Henrico.

...

By command of the Secretary of War:

JNO. WITHERS, Assistant Adjutant-General.

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WAR DEPARTMENT, Richmond, May 29, 1863.

General B. BRAGG:

It was clearly an abuse of the flag of truce to employ it to cover a guard over expelled citizens, non-combatants, found at their homes by an invading army. Your right to hold soldiers so employed as prisoners of war or even to deal with them as spies is not questioned, but lest the men implicated may have ignorantly offended let them have the benefit of the flag so far as to be sent back with a warning to their commanding general against the repetition of such an outrage on the usages of war to aid him in his greater outrage against humanity and the usages of civilized nations.

J. A. SEDDON, Secretary of War.

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MOUNT STERLING, KY., May 30, 1863.

The AUTHORITIES AT RICHMOND, VA.

GENTLEMEN: Having learned through the newspapers and other sources that Capt. Samuel McKee, of the Fourteenth Regiment of Kentucky Cavalry, now in Richmond, Va., a prisoner, has been condemned to be executed as a retaliatory measure for Captain Corbin, recently executed at Cincinnati, I desire in behalf of Captain McKee to offer the following suggestions and most respectfully and earnestly to ask that the sentence may be reversed. I have resided in the same county with Captain McKee and have known him somewhat intimately for quite a number of years. He was born and raised in the county of Montgomery, Ky., where he still resides and where he has always maintained an irreproachable moral character. For several years past he has been a member of the church, since which time he has been regarded in this community as an exemplary Christian. At the time of his capture Captain McKee was stationed at this place and for some time previous thereto had been acting as provost-marshal here, during which period and up to his capture I never heard a charge or complaint against him save in the case of Capt. F. Ferguson, of the Confederate service, captured in November last, and for that I do not think Captain McKee should be blamed. He was not at the time the commander of this post but was under a superior officer. While Captain McKee had the custody of Captain Ferguson his treatment was not only humane but kind permitting him to visit and remain with his family all night; nor 18 there any reason to believe that this course toward Captain Ferguson would have been changed if Captain McKee had been left to pursue his own course, and the change was no doubt made in obedience to the positive order of his superior officer superinduced by some imprudence doubtless upon the part of Captain Ferguson himself. This in relation {p.962} to Captain Ferguson’s ease, however, may have been wholly unnecessary as it is not for any crime or offense that Captain McKee has committed that he is condemned to suffer. Certainly no humane or Christian tribunal ever had the sentence of death executed even upon a guilty criminal without sorrowing over the necessity which required it. How much deeper must that sorrow be when the dread sentence is to be executed upon one who has been guilty of no offense but has to die for another; and who would not in sorrow see the innocent suffer? May I not then in view of the innocence of Captain McKee implore you to spare his life? He has a wife and two innocent, helpless babes, all dependent upon him for a support and who will be left in helpless widowhood and orphanage. If you should deem it proper to hold him a prisoner of war and modify the sentence to that extent it would be infinitely better it seems to me for all concerned. But a reversal of the judgment and that Captain McKee may be exchanged is most sincerely asked, and in this I believe our whole community without distinction of parties concurs.

Very respectfully,

B. J. PETERS.

[Indorsement.]

ABINGDON, June 6, 1863.

President DAVIS:

The writer of the within letter, the Hon. B. J. Peters, is a true Southern man. I have known him long and well. The bearer of this, Doctor Hannah, is likewise a true man to the South and has done much for us and suffered much. While I cannot concur in the Hon. B. J. Peters’ opinion of McKee’s character I will respectfully ask that the President will cause the execution of the sentence on Captain McKee to be suspended, for the present at least. I ask this for the personal security of our people at home. Doctor Hannah will give the President full information in regard to our situation, and he is every way reliable.

J. W. MOORE.

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MOUNT STERLING, Ky., May 30, 1863.

We, the undersigned citizens of Montgomery County, Ky., learning of the fact that Capt. Samuel McKee, of the Fourteenth Kentucky Cavalry, now a prisoner at Richmond, Va., is soon to be executed by the Confederate authorities, by way of retaliation, because Major-General Burnside did on the 115th] day of [May], 1863, execute Captain Corbin, of the Confederate Army, would most respectfully entreat the Confederate authorities at Richmond to spare the life of Capt. Samuel McKee and to release him from the sad fate which we learn awaits him. Captain McKee though decided in his political course was ever kind and lenient to those who may have differed with him in political sentiments. Captain McKee is a gentleman of high social standing in our midst, and his Southern Rights friends of this community, many of whose names are appended below, offer up this petition humbly to the Confederate authorities at Richmond, Va., to spare the life of Captain McKee, of the Fourteenth Kentucky Cavalry, and hold him merely as a prisoner of war, of which you have a perfect right.

WM. FERGUSON, The Father of Capt. Franklin Ferguson, of C. S. Army. K. FARROW, R. P. B. CALDWELL, (And 8 others.)

{p.963}

[First indorsement.]

ABINGDON, VA., June 6, 1863.

The gentlemen whose names are signed to this paper are all known to me and are all good and true Southern men.

J. W. MOORE.

[Second indorsement.]

JUNE 10, 1863.

Referred to General Winder for consideration in connection with the arrest of the parties bearing the petition.

J. A. S., Secretary.

[Third indorsement.]

Respectfully returned to honorable Secretary of War. The bearers of this petition have been released and sent home.

JNO. H. WINDER, Brigadier-General.

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HEADQUARTERS DEPARTMENT No. 2, Shelbyville, Tenn., May 31, 1863.

Hon. C. L. VALLANDIGHAM.

DEAR SIR: The general commanding instructs me to inclose you a copy of a dispatch just received from Hon. J. A. Seddon, Secretary of War, Richmond, and to request you to give a response in writing in order that he may answer the inquiry contained in the dispatch. The general desires also that you will return the passport given you as pending further instructions from Richmond. It is evident that its issue is in conflict with the views which have prompted the dispatch.

[GEO. WM. BRENT], Assistant Adjutant-General.

[Inclosure.]

WAR DEPARTMENT, Richmond, May 30, 1863.

General B. BRAGG, Tullahoma, Tenn.:

If Hon. Mr. Vallandigham has come or been forced within our lines ascertain and report in what character and under what circumstances he thus stands. If he claims to be a loyal citizen of the United States he must be held in charge or on parole as an alien enemy. He may be allowed on parole to proceed to Wilmington and there report to General Whiting.

JAMES A. SEDDON, Secretary of War.

–––

SHELBYVILLE, TENN., May 31, 1863.

General BRAGG, C. S. Army, Commanding, &c.

SIR: In answer to your note of this morning allow me to say that it was my offer upon first entering your lines to surrender myself a prisoner, and the order or suggestion of the Secretary of War is entirely consonant to my original desire and purposes, though I sincerely trust that the parole may allow my departure at any time as this is most important to me in every way. Please report also that I came to your lines upon compulsion and against my consent as a citizen of Ohio and {p.964} of the United States in exile, banished from my country for no other offense than love of constitutional liberty, my political opinions and resolute, undaunted opposition to the principles and policy of the party and administration in power in the United States. The order of the President was absolute forbidding me to return under penalty of imprisonment during the war and therefore left me no alternative, and it was executed by military force. It is better for me doubtless for several reasons to be deemed a prisoner on parole while I remain in the Confederate States, but my most earnest desire is for a passport if necessary and permission to leave as soon as possible either through some Confederate port or by way of Matamoras for Canada where I can see my family, communicate with my friends and transact my business as far as practicable unmolested.

I am still a citizen of Ohio and of the United States, recognizing my allegiance to both and retaining the same opinions and position which I have always held at home. As the President of the United States will certainly not exchange me I trust I may be allowed to depart on parole for the place which I have above designated.

Very respectfully, &c.,

C. L. VALLANDIGHAM.

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[HOUSTON, TEX., June 1, 1863.]

Maj. Gen. J. BANKHEAD MAGRUDER, C. S. Army, Comdg. the Dept. of Texas, New Mexico and Arizona, &c.

GENERAL: My stay in this department being rendered no longer necessary professionally on account of the removal of the officers of my command to Huntsville and the recovery of my wounded in the hospital and by the exchange of all my command except the officers and wounded with the exception of four privates, and as Acting Assistant Surgeon Sherfy, late of the ship Morning Light, is here to take care of his men and accompany them when they shall go to be exchanged, I very respectfully ask to be allowed to return to New Orleans as soon as can be convenient. My health is very infirm and has been for three weeks or more, and I have been unable to leave my room most of the time for that period. I very respectfully ask for this reason that I may be allowed to go by water by way of our fleet either at Galveston or Sabine-of course under such restrictions and regulations as your honor may deem necessary.

There are also here ten wounded and infirm men, five of my own regiment all wounded, the whole ten unable to walk any distance and all of whom will be discharged from the service as soon as they reach our lines. It would be a matter of great satisfaction to me if you would allow them to go with me, either paroling them as our forces did your sick and wounded recently in Louisiana, or allowing them to be receipted for by myself or the commander of the blockading fleet. All those remaining here save those ten are able to march, thus saving transportation for any invalids or wounded when they are sent forward for exchange. For nearly five months I have remained here and at Galveston, during which time I have given my undivided attention to the care of the sick and wounded, Confederate as well as Federal, and now I am desirous for reasons above named to return to my regiment that I may be useful, as I have ever tried to be heretofore, in striving to relieve the sufferings of frail humanity wherever found and whoever they are. I trust I may be of service as heretofore to the Confederate {p.965} sick and wounded in the hands of the Federal forces as well as to those of my own command more immediately depending upon my care, and also to any medical officers of the Confederate Army who like myself believe it to be their duty to remain with their sick and wounded for a time in the hands of the Federal forces. As there are but eight men of my command (except the officers) remaining here and five of them are wounded it would give me great pleasure if possible to take them with me as well as the few others of the Harriet Lane and Morning Light who are unable to march.

Inclosed is a list* of all my own men remaining, those wounded marked, and also of the few others unable to march who only wait to get back to our lines to be discharged from the service. The term of service of my (present) regiment will expire on the 1st of July, and I trust the officers will not be kept longer than is absolutely necessary and that the men of the late ship Morning Light will be forwarded for exchange as soon as possible. Permit me, general, to return to you my most cordial and heartfelt thanks for your uniform kindness to me and for many favors shown me since I have been in your department; and I have the honor to remain, general,

Your humble servant,

A. J. CUMMINGS, M. D., LL. B., Surg. 42d Regt. Mass. Vols., late Post Med. Director, &c.

* Omitted.

–––

SHELBYVILLE, June 1, 1863.

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

Hon. C. L. Vallandigham is here on parole. He was brought under guard by the enemy and abandoned in front of my lines with orders from his Government not to return under penalty of imprisonment for the war. Fearing assassination by a licensed soldiery he made his way to my outposts and surrendered as an alien enemy owing allegiance to the State of Ohio and the United States but exiled by the present Government for maintaining his civil rights as a freeman. He awaits orders but desires to make his way by the most expeditious route to Canada. I suggest a conference with him personally or by a confidential agent.

BRAXTON BRAGG.

(Copy sent to the President. S. COOPER.)

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RICHMOND, June 2, 1863.

General B. BRAGG, Shelbyville:

Your dispatch to Adjutant-General received. Send Hon. C. L. Vallandigham as an alien enemy under guard of an officer to Wilmington where further orders await him.

JEFF’N DAVIS.

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SHELBYVILLE, June 2, 1863.

JEFFERSON DAVIS, President of Confederate States:

Upon Mr. Vallandigham’s earnest request he was permitted to go this morning to Lynchburg to confer with a distinguished friend of Virginia. He reports from there on parole to the War Department.

BRAXTON BRAGG.

{p.966}

–––

RICHMOND, June 2, 1863.

General R. E. LEE, Fredericksburg, Va.:

The prisoners captured and paroled by Stoneman have not yet been exchanged, but will be as soon as the list is completed, now nearly ready.

S. COOPER, Adjutant and Inspector General.

–––

HAMPDEN SIDNEY COLLEGE, VA., June 2, 1863.

Hon. JAMES A. SEDDON, Secretary of War.

SIR: There seems no longer to be the slightest doubt that the Hon. C. L. Vallandigham, of Ohio, is within our lines, and the rumors of the last two days seem to indicate that he is or soon will be in Richmond if permitted by the Government to go there. I am not forgetful of the many delicate questions touching the dignity and policy of our Government raised by this attempt of Mr. Lincoln to make a “Botany Bay” of the Confederacy, nor can I undertake to say how they can be or ought to be settled. I have the utmost confidence in the wisdom of the Government to settle them in such a way as best comports with our dignity and affords the Government of the United States no possible advantage either over us or over Mr. Vallandigham. It seems most probable to me that our Government will allow Mr. Vallandigham to remain in the Confederacy on parole if he desires it. If so his residence must be subject to your control. It ought to be known to you whether he is paroled or not. I therefore write to you to ask your permission or if this matter is not under your control the permission of the proper authorities to invite Mr. Vallandigham to reside with me here in Prince Edward County during his exile. I extend this invitation to him under permission of the Government because I know him well, having been in college with him, where we were intimate friends, and having corresponded with him since, especially during the session of the Federal Congress immediately preceding Mr. Lincoln’s inauguration. I know him to be a gentleman and a man of honor for whom I may safely undertake any obligation which the Government may require of me as his host while he remains with us. As I do not know where to address Mr. Vallandigham I inclose my invitation* to him unsealed in this letter and ask you to read it; and if you give me leave to invite him will you do me and him the kindness to add his address which I take for granted is known to you, and having sealed it to have it forwarded to him? You will very naturally desire to know something about me. I therefore take the liberty of referring you to Capt. Richard Morton, of the Niter Bureau; Reverend Doctor Brown, editor of the Central Presbyterian, and Reverend Doctor Moore, pastor of the First Presbyterian Church of Richmond. I deem it unnecessary to multiply references.

I remain, respectfully, your obedient servant,

CHARLES MARTIN.

* Not found.

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WAR DEPARTMENT, Richmond, June 3, 1863.

J. M. W. (Care surgeon in charge of hospital, Harrisonburg, Va.)

SIR: Your letter of the 28th ultimo with suggestions in regard to the negroes and officers of negro regiments that may be captured by us has {p.967} been received. In reply you are informed that the law has made provisions for the disposition of such slaves by directing them to be turned over to the State authorities. As negroes without free papers when not claimed by the owners they will be liable to be sold as slaves.

Respectfully,

JAMES A. SEDDON, Secretary of War.

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HEADQUARTERS PAROLED AND EXCHANGED PRISONERS, Demopolis, Ala., June 3, 1863.

Col. B. S. EWELL, Assistant Adjutant-General, Jackson, Miss.

COLONEL: I would most respectfully request that you give me some instructions in regard to future action in providing for paroled and exchanged prisoners. Many of the men are in a destitute condition, having no clothes or money, and the quartermaster here declares that the men are still under the jurisdiction of General Pemberton and not that of General Maury. The men are very comfortably situated here, requiring no tents, as they occupy the Fair Grounds, and they are much less liable to desert or straggle from camp than when in Jackson, Miss. My own opinion is that this would be a most desirable place for a permanent camp, and if your views are consonant with mine I trust you will authorize me to make public such orders as will insure the prompt dispatch of paroled prisoners from other posts, Mr. Robert Ould, agent for exchange, Richmond, Va., having notified me of the necessity of keeping these men in camp in order to effect exchange. As I cannot longer permit the men to suffer I have ordered Lieutenant Gillenwater to proceed to Jackson and procure the payment of men and officers now in camp and those attached to my department.

Awaiting your instructions and orders as to the foregoing, I am, colonel, very respectfully, your obedient servant,

HENRY C. DAVIS, Major, Commanding Paroled and Exchanged Prisoners.

P. S.-I have daily applications for leave of absence from men who live within this and adjoining States who have not seen their families for nearly two years. Am I at liberty to grant them a short furlough for ten, fifteen or twenty days?

H. C. D.

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OFFICE EXCHANGE OF PRISONERS, Richmond, Va., June 4, 1863.

Capt. W. H. Hatch, assistant adjutant-general, Provisional Army, C. S., having reported to me for assignment to duty by order of the Secretary of War is hereby authorized and empowered to act for me in all matters connected with the exchange of prisoners as fully and completely as I am empowered to act and will be respected and obeyed accordingly.

RO. OULD, Agent of Exchange.

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OKOLONA, MISS., June 4, 1863.

[General D. RUGGLES.]

GENERAL: About 13th ultimo I was detached from the First [Second] Mississippi State Cavalry with my company to reconnoiter the country adjoining the Memphis and Charleston Railroad in Tippah County. I proceeded to Tippah Ford, on Tippah Creek, some eight miles west of {p.968} Ripley, and then halted. Whilst there Alex, Robinson came up and said he had two Federal prisoners, Twelfth Michigan Regiment, and wanted me to take charge of and turn them over to the proper authorities. I detailed Private John Kesterson to accompany Robinson with the prisoners and ordered them to be taken and delivered to Colonel Smith, commanding First [Second] Mississippi State Cavalry. They started to the point of destination about 10 o’clock in the morning (about 15th May) with the prisoners and returned to my camp about 4 o’clock in the evening, stating that the prisoners had attempted to escape and that they had shot them.

I received a communication from General Smith, commanding First Division, Sixteenth Army Corps, La Grange, Tenn., May 27, 1863, which was referred to Colonel Smith, commanding First [Second] Mississippi State Cavalry, and by him referred to you. I ask your earliest attention in the premises*

I am, general, yours, very respectfully,

SOL. G. STREET, Captain, Comdg. Co. A, First [Second] Mississippi State Cavalry.

* See Smith to Street, May 27, 1863, p. 714.

–––

WAR DEPARTMENT, Richmond, Va., June 5, 1863.

ROBERT OULD, Esq., Commissioner, &c.

SIR: C. L. Vallandigham, a citizen of the United States and late a Representative in the Federal Congress, having been thrust by the violence and oppression of his Government within our Confederate lines has been held as an alien enemy, avowing himself to be still a loyal citizen of the United States, under arrest or on parole by General Braxton Bragg, commanding the Army of Middle Tennessee, and has been permitted while so under arrest or on parole to proceed to Lynchburg, Va. It is not the desire or purpose of this Government to treat this victim of unjust and arbitrary power with other than lenity and consideration, but as an alien enemy he cannot be received to friendly hospitality or allowed a continued refuge in freedom in our midst. This is due alike to our safety and to him in his acknowledged position as an enemy. You have therefore been charged with the duty, not inappropriate to the commission you hold in relation to prisoners, &c., of meeting him in Lynchburg and there assuming direction and control of his future movements. He must be regarded by you as under arrest, permitted unless in your discretion you deem it necessary to revoke the privilege to be at large on his parole not to attempt to escape nor hereafter to reveal to the prejudice of the Confederate States anything he may see or learn while therein. You will see that he is not molested or assailed or unduly intruded upon, and extend to him the attentions and kind treatment consistent with his relations as an alien enemy. After a reasonable delay with him at Lynchburg to allow rest and recreation from the fatigues of his recent exposure and travel you will proceed with him to Wilmington, N. C., and there deliver him to the charge of Major-General Whiting, commanding in that district, by whom he will be allowed at an early convenient opportunity to take shipping for any neutral port he may prefer, whether in Europe, the Islands, or on this Continent. More full instruction on this point will be given to General Whiting, and your duty will be discharged when you shall have conducted Mr. Vallandigham to Wilmington and placed him at the disposition of that commander.

JAMES A. SEDDON, Secretary of War.

{p.969}

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RICHMOND, VA., June 8, 1863.

General BRAGG, &c.

GENERAL: Your letter of the 3d instant was received this morning. My dispatch in relation to the Hon. Mr. Vallandigham indicated a course but little different from that which in the absence of instructions you had adopted. In furtherance of our purpose Mr. Ould, commissioner for the exchange of prisoners of war, has been sent to Lynchburg to meet Mr. Vallandigham and to conduct him to Wilmington, whence his departure for a neutral port will be facilitated by all the courtesy and kindness due to his condition.

Very respectfully and truly, yours,

JEFF’N DAVIS.

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WAR DEPARTMENT, Richmond, Va., June 8, 1863.

His Excellency JOHN GILL SHORTER, Governor of Alabama.

SIR: The official reports of General Forrest relative to the operations in Alabama and Georgia resulting in the capture of a body of the cavalry of the enemy near Rome, Ga., have been received. It does not appear from these reports that any slaves were associated as soldiers with the enemy’s troops and if there were any Alabamians enlisted among them they made their escape before the capture. The probability is that Your Excellency has been misinformed on the subject.

Very respectfully, your obedient servant,

JAMES A. SEDDON, Secretary of War.

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WAR DEPARTMENT, Richmond, June 10, 1863.

Brig. Gen. JOHN H. WINDER.

GENERAL: S. S. Baxter, esq., commissioner for the examination of political prisoners in the city of Richmond, in his report of the 9th instant has submitted the following recommendations. The parties are almost all deserters from the Federal Army and as such the subjects of natural and unavoidable distrust. The Department is reluctant therefore to embarrass you with positive instructions as to the disposition to be made of them. With the lights before it just now there appears no reason to overrule the recommendations of the commissioner, but as circumstances presenting themselves to yourself may indicate a wiser disposition, the suggestions of Mr. Baxter are submitted to your consideration with full discretion in the premises:

Daniel McCullough, Martin Schwartz, James Gedney, Harrison Jones, John Kenney, William Gardner, William Seymour, John Fisher, Charles A. Freeman desire to enlist in the Confederate Navy, and if the Navy officers are willing to receive them may be permitted to do so. Benningham (Alfred) send to Conscript Bureau, James Barry desires to enlist in Sixth Louisiana Regiment; let him do so. William Morgan, J. D. Anderson, William Maguire, Fred. Coghn, Herman Wells-these men for various reasons object to go into service. They may perhaps be made useful as laborers or mechanics and put to work under direction of provost-marshal.

By order of the Secretary of War:

J. A. CAMPBELL, Assistant Secretary of War.

{p.970}

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EXECUTIVE DEPARTMENT, Richmond, June 10, 1863.

Honorable SECRETARY OF WAR.

SIR: I am informed that Maj. John P. Thompson (late of First Kentucky Regiment), authorized by you to raise a battalion in Kentucky, has been arrested in Owensborough, Ky., and sentenced to be shot as a spy. He was a gallant soldier and has probably been taken attempting to recruit.

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

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JOHN’S ISLAND, S. C., June 10, 1863.

Brigadier-General HAGOOD.

GENERAL: I beg leave to bring to your attention that the prisoners from the Rebel Troop taken while on duty beyond our picket-lines on the Edisto are still in the hands of the enemy, while Yankee prisoners since taken by Captain Mickler have been sent forward to be exchanged. These unfortunate young men we have reason to apprehend are now confined in the jail at Beaufort. The usual programme being to send their prisoners North to be kept in some of their bastiles till exchanged. There must be some special reason for treatment so extraordinary, and perhaps the insolent communication to President Davis (recently published of General Hunter), in relation to his threatened disposition of officers and slave-holders taken prisoners by him furnishes the explanation. They are doubtless kept as hostages for the safety of officers commanding negro troops and negro troops themselves who may be captured in some of their raids. They are the sons of wealthy planters or themselves owners of slaves and of some of those very negroes now in Yankee service. Just such as a cruel ingenuity would select for such a purpose. I would respectfully request that you bring to the notice of the general commanding this department this information as to their place of confinement, confident that he will take immediate steps to know why they are so kept contrary to the terms of the cartel for exchange of enlisted men still pretended to be acted upon by the Federal authorities. These unfortunate young men who have been hastily and harshly judged upon conjectural inferences from circumstantial evidence procured by daily exposure to capture on the extreme outpost and gave valuable information of the movements of the enemy in North Edisto River before the attack on Charleston, affording the information that the iron-dads were taking aboard their ammunition, by which the department commander received advice of the impending attack two days before it was made. Their friends look to your influence and instrumentality and solicit your earnest effort in using all the means in your power to effect their early exchange. I think something should be done and that quickly to know why they have not been exchanged to which they are entitled and for which there has been ample time.

JOHN JENKINS, Major, Commanding Advanced Forces.

[Indorsement.]

HEADQUARTERS SECOND MILITARY DISTRICT, Adams’ Run, June 13, 1863.

Respectfully forwarded.

The subject-matter is earnestly brought to the attention of the general commanding.

JOHNSON HAGOOD, Brigadier-General, Commanding.

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