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

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

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

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UNION CORRESPONDENCE, ETC.

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Extract from Annual Report of the Secretary of War, December 1, 1862.

...

The Adjutant-General’s Office has also had charge of the exchange of prisoners. In the month of July a cartel of exchange was arranged by General John A. Dix, on the part of the United States, and General [D. H.] Hill, of the rebel army, under which large numbers of prisoners of war have been exchanged. There still remain some paroled prisoners belonging to the U. S. Army whose exchange will be effected at the earliest opportunity.

...

EDWIN M. STANTON, Secretary of War.

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HEADQUARTERS ARMY OF TENNESSEE, Murfreesborough, Tenn., December 1, 1862.

Maj. Gen. W. S. ROSECRANS, Commanding U. S. Forces, Nashville, Tenn.

GENERAL: I am in receipt of your communication of the 29th* [ultimo] in reply to mine in reference to the case of Adjutant Hawkins. The circumstances which formed the basis of complaint occurred in a distant part of my department and I have no information in regard to the matter other than that transmitted you in my last. I concur fully with you in your suggestions in regard to the uses of the flag as a means of communication between the opposing armies. Official courtesy no less than a precaution against the improper use of the flag requires that it should come from the commanding general and follow the most direct route. Entertaining these views I was surprised to receive a communication of equal date with yours from one of your subordinates, Major-General McCook, addressed to me directly and sent by a circuitous route. The selection of the Franklin pike for a flag was certainly singular, as no one desiring to reach this place in ordinary times would make choice of that road. On the same day I also received a communication from another of your subordinate officers, General Negley, who sought by flag to effect an object highly unpleasant to me, and which he afterwards accomplished contrary to my expressed and imperative regulations. I can only account for these discrepancies by presuming {p.2} that these violations of courtesy were without your knowledge or approval. I cordially reciprocate your views in making known your intention to conform in this as in all other things to the laws and usages of war. It shall be my aim strictly to conform to such a line of policy, and should any deviations inadvertently occur the errors shall be promptly corrected when brought to my attention.

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

BRAXTON BRAGG, General, Commanding.

* See Series I, Vol. XX, Part II, p. 109.

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HEADQUARTERS ARMY OF TENNESSEE, Murfreesborough, Tenn., December 1, 1862.

Maj. Gen. W. S. ROSECRANS, Commanding U. S. Forces, Nashville, Tenn.

GENERAL: Inclosed I send you a communication for Major-General Wright in reply to one from him received under cover from Major-General McCook.

Hereafter I must insist that all communications from your lines intended for me shall come from the commander of the forces and not as in this instance from a subordinate officer.

Respectfully, your obedient servant,

BRAXTON BRAGG, General, Commanding.

[Inclosure.]

HEADQUARTERS ARMY OF TENNESSEE, Murfreesborough, Tenn., December 1, 1862.

Maj. Gen. H. G. WRIGHT.

SIR: I have the honor to acknowledge the receipt of your communication of the 23d ultimo* proposing an exchange of a citizen of Kentucky, now a prisoner in your hands, for another represented to be held by our forces as a hostage. As the party is not within my control and I am without any information as to the circumstances or cause of his arrest the matter will be referred to my Government.

I cannot refrain in this connection from calling your attention to the action of your Government in its treatment of citizens of Kentucky and other States who are simply suspected or who express sympathy with the Confederate cause. Numbers of individuals, non-combatants, are daily arrested and sent to Ohio prisons for acts which the Confederate forces commit and for which they alone should be held responsible. Though strongly urged when in Kentucky to retaliate upon Union men by similar treatment in order to procure the release of the true and loyal Kentuckians in Federal prisons I resolutely declined to recognize or countenance such a principle as that practiced by your authorities. If any arrests were made they were unauthorized, and the isolated instances in which they occurred were but exceptions to a positive rule to the contrary. The Confederate authorities, military and civil, have uniformly observed the principle of the exemption of non-combatants from molestation for the acts of the organized forces of the United States. It would be a gratifying feature in a war fall enough of horrors without such unnecessary adjuncts if the Federal Government would observe a similar action. Instead, however, of such being now the practice private property is destroyed or confiscated and citizens are mulcted and retaliated upon even unto death. It is {p.3} not to be denied that the patience of the Confederate Government is becoming threadbare. It has in vain resorted to every resource recognized by civilized warfare in retaliation of such outrages, but with no avail except in individual cases. It has failed to elicit any disavowal of the principle on which the Federal Government acts, and it is to be apprehended that as a natural result a system of retaliation in kind will be resorted to. It will rest chiefly with the Federal Government to decide hereafter the character which the contest shall assume.

These acts of retaliation upon individuals, together with the indignities to our clergy at different periods and more recently in a Southern city, are steeling the hearts and nerving the arms of our people to the last degree of desperation. Union-social association with a people guilty of such acts-is henceforth an impossibility. Destitution, the prison-death itself-is preferable.

Respectfully, your obedient servant,

BRAXTON BRAGG, General, Commanding.

[Indorsement.]

HEADQUARTERS DEPARTMENT OF THE OHIO, Cincinnati, December 9, 1862.

Respectfully referred to the assistant adjutant-general, Headquarters of the Army, for the information of the General-in-Chief. The within is in reply to my letter of the 23d ultimo* to General Bragg relative to the exchange of A. H. Townly, a citizen of Campbell County, Ky., captured by a party of General Kirby Smith’s command in September last, and reported to be held as a hostage for one L. C. Norman, of Boone County, Ky., and now a prisoner of the United States.

The matter of their exchange was referred to me to negotiate by the commissary-general of prisoners, Colonel Hoffman.

H. G. WRIGHT, Major-General, Commanding.

* Omitted.

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JUDGE-ADVOCATE-GENERAL’S OFFICE, December 1, 1862.

On the application of Capt. Benjamin P. Walker, late assistant commissary of subsistence, to be restored to the service from which he was recently dismissed by order of the President:

The grounds on which this officer was dismissed are in the order stated to be “habitual absence from his post and gross and willful neglect of duty.” These charges rest upon a report made to Colonel Hoffman, Third Infantry, U. S. Army, commissary-general of prisoners, by Capt. H. M. Lazelle, Eighth Infantry, U. S. Army, under date of 7th of August, 1862, and on a letter addressed to the latter on the 27th of July, 1862, by Col. C. W. B. Allison, temporarily commanding at Camp Chase. The report goes very munch in detail and professes to be the result of an examination made into the administration of Captain Walker at Camp Chase. Captain Lazelle seems to have found nothing to commend but very much to condemn. The points which he presents against Captain Walker are principally:

1. Continued absence without leave from his post.

2. Inefficiency or unfaithfulness in receiving from the contractors and issuing to the troops inferior provisions.

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3. In charging to the department the expense of issuing the rations and the wastage which occurred and in unnecessarily keeping on hand large quantities of provisions at the risk of the Government.

As Captain Lazelle was at Camp Chase but a short time his own testimony in support of the charge of habitual absence without leave cannot be regarded as entitled to much mole weight than belongs to the expression of an opinion formed from rumor or from the statements of others. The same remark may be made in reference to the letter of Colonel Allison, who in speaking of Captain Walker says, “He is absent three-fourths of the time. He has never asked or obtained my authority for his absence.” It is ascertained that Colonel Allison who certifies so emphatically was in command at Camp Chase but for three or four weeks. Against these statements, based upon such limited opportunities for acquiring correct information on the point, we have the positive averment of W. J. Holmes that for eight months preceding the 19th of November, 1862, he had acted as military secretary of the post and had as such written leaves for Captain Walker by order as well of Colonel Moody as of Colonel Allison during their administrations. He adds: “I have no recollection of the captain ever being absent without leave or overstaying his leave of absence.” John W. Sayre, Captain Walker’s clerk through the entire time of his service, swears that to his knowledge the captain was never absent except on leave and that he never neglected his duties. This charge of absence without leave is fully refuted by various other persons of unquestionable credibility. The proof on the point is entirely satisfactory and removes all doubt as to the groundlessness of the imputation. Captain Lazelle seems to have based his report on a very cursory and superficial examination. Several of the witnesses state that he came “with kid gloves” and did not cut or handle anything but condemned everything on sight alone. It is but charitable to infer from the mistakes he made that he accepted as true complaints and hearsay which reached him without giving himself the trouble of scrutinizing them and ascertaining whether they were true or false. For example he states that “rock salt” alone was furnished by Captain Walker to the troops, whereas the proof is ample that not a pound of rock salt was ever issued to them. Again he says he was told that the “necks” of the beef had been habitually issued before his arrival at the post, and that he learned from one of the contractors that the shanks “to just below time knee” were also issued, whereas it is shown and by witnesses speaking under oath that neither shanks nor necks had ever been issued. His allegations as to the inferiority of the provisions and the complaints made of them are completely swept away by a mass of testimony, the greater part of it given under oath, which establishes that time beef was first quality and the flour extra superfine and the provisions such as were used by the citizens of Columbus at their own tables; that they were of good quality and that the rations were as good as are generally served and better than those frequently accepted by the Government.

Little or no complaint at all was heard. On these points the testimony comes from men of high character and occupying high official positions, many of whom from their immediate connection with the service had abundant opportunities of knowing personally the truth of the statements they have made, Brigadier-General Garfield passed three months at the post with his regiment, and he says: “My own regiment was well served, nor did I hear of any complaints from others.” {p.5} I regard the evidence offered as showing beyond any reasonable ground for question that Captain Walker is a man of integrity and good business habits; that as an officer he was faithful and efficient and that his duties were discharged in a manner entirely satisfactory to the troops and to the Government. The report of Captain Lazelle was the first impeachment of his official conduct that had been made. Among the persons who have borne testimony to the effect which I have stated may be mentioned the quartermaster-general and the adjutant-general of Ohio; Captain Burr, assistant quartermaster, U. S. Army; John H. Wheeler, deputy U. S. marshal of Ohio; Samuel Galloway, special U. S. commissioner; Captain McClung, assistant quartermaster; Major Kilburn; Capt. Franklin Ernst, assistant quartermaster; N. B. Maple, post sutler; Capt. S. F. Allen; John E. Darby, assistant surgeon; Thomas J. Kerr; Thomas Jones,who supplied a large part of the flour; Alexander McBride, late post surgeon; Charles H. Goss, postmaster at Camp Chase; Louis Zettler, one of the contractors; John M. White and James R. Rusk, who supplied the beef, together with many others. It is not possible to suppose that all the witnesses-most of whom had personal knowledge of Captain Walker’s administration from its beginning to its chose-were deceived and that Captain Lazelle and Colonel Allison, who observed it for a few weeks, were alone acquainted with its true character.

The wastage which is made so conspicuous a feature in the complaint lodged against this officer does not appear to have exceeded what the Army Regulations allow. That this as well as the expense of issuing the rations should have been borne by the Government was in accordance with previous usage at the post and with the interpretation given to the contract by the parties to it and seems to have been acquiesced in without objection by the Commissary-General. The proof is conclusive that instead of keeping large amounts of provisions on hand only so much was received each day from the contractors as was required to be issued. Captain Lazelle no doubt mistook the warehouse of the contractor for that of the commissary. It is another evidence how superficial and unreliable was his examination. Without further going into particulars I will state in general terms that could the testimony now on file be submitted to the consideration of a court-martial I believe that Captain Walker would be unhesitatingly acquitted of all the charges made against him, and so believing I cannot but recommend his restoration to the service.

J. HOLT, Judge-Advocate-General.

[First indorsement.]

DECEMBER 2, 1862.

On authority of this report I direct that Capt. Benjamin P. Walker be restored if practicable without detriment by the dismissal.

A. LINCOLN.

[Second indorsement.]

DECEMBER 2, 1862.

Report of Judge-Advocate-General approved and restoration ordered.

EDWIN M. STANTON, Secretary of War.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 1, 1862.

Hon. EDWARD SALOMON, Governor of Wisconsin, Madison, Wis.

GOVERNOR: I have the honor to acknowledge the receipt of your letter of the 24th ultimo,* together with the accompanying papers from paroled troops of Wisconsin at Camp Parole, near Annapolis, complaining of their treatment, and I beg to offer the following reply: Two or three weeks since I made a personal inspection of the condition of that camp and I found the men there as well provided for as it was possible for them to be under the circumstances, and wherever there were deficiencies, of which there were very few, measures were taken for their immediate supply. I went into a great many tents and made many inquiries as to their condition, but there were few or no complaints. Some few men wanted a jacket or some other article of clothing and these were being supplied as fast as possible. Provisions were in a superabundance. The police of the camp within the company grounds was very good, but just outside it was in places very filthy, because these very men probably who complain, with others, would not obey the orders in relation to such matters. I endeavored to provide a remedy for this evil by ordering a guard-house to be built in which to confine and punish such offenders. Men in camps away from their homes make many groundless complaints in the hope to obtain through the interference of their friends a transfer to their own States, and they do all they can by disobedience of orders and neglect of police to give themselves good cause to say that they are badly treated. An order announcing the recent exchanges will be published as soon as it is received from the printers, and it covers nearly all our paroled troops, except a part of those taken at Harper’s Ferry and subsequently. Since the exchange the paroled troops from Iowa at Annapolis have been ordered to Benton Barracks, and any from Wisconsin who may be in this section will be immediately ordered to the same point. Ohio troops go to Camp Wallace, in that State.

Trusting that the above explanations will be satisfactory, I am, Governor, very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

* See Vol. IV, this Series, p. 749.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 1, 1862.

Col. G. DE KORPONAY, Commanding Camp Banks, near Alexandria, Va.

COLONEL: All paroled men in your camp delivered at Aiken’s Landing September 13, 1862, have been exchanged (see General Orders, No. 134, of September 19, 1862). The date (13th) is omitted in the order. Private I. J. Barry, Company A, One hundred and second Pennsylvania, is one of these men, and he and all exchanged at the same time should be mustered for their pay as soon as practicable. Some days since I gave to your adjutant a scale of rations to be issued to the fragments of companies under your command, the savings to be converted into a fund for the benefit of the whole command. With this fund purchase all articles that will in any way promote the health and comfort of the sick. If {p.7} you have not already comfortable hospitals, kitchens and outhouses have them made immediately and defray the expenses out of this fund. As the fund accrues disburse any not required for the sick in providing all necessary conveniences for your camp and anything necessary for the general good. Farmer’s boilers for cooking are much more convenient than camp-kettles and cause a greater saving of fuel. Introduce them as soon as you can. One of forty gallons will cook for 100 men. Two or three camp-kettles may be required in addition to small articles. A horse-power saw-mill for sawing wood for the stoves will be very useful and economical, and I wish you to purchase one when you have funds to spare for the purpose. The horse will be furnished by the Quartermaster’s Department. Out of the fund pay extra pay to the clerks in your office, not to exceed 40 cents per day.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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PROVOST-MARSHAL’s OFFICE, New Berne,N. C., December 1, 1862.

Major HOFFMAN, Assistant Adjutant-General:

I have caused a sanitary inspection to be made of Craven Street Jail and have the honor to transmit Doctor Galloupe’s report, to which I would respectfully ask your attention. I would also respectfully represent that the rooms and cells under this building are in the most deplorable condition-cold, damp, foul and utterly unsuitable for the confinement of human beings-and for the sake of humanity I would recommend that the following change be made, viz: That timber and materials be furnished to build a guard-house in the garden adjoining and that the rooms in this building with the exception of this office be fitted up for prisoners. You will notice that the surgeon advises the appointment of a new jailer and in a few days I shall recommend a suitable person; and remain,

Very respectfully, yours,

JONES FRANKLE, Major, Provost-Marshal.

[Inclosure.]

NEW BERNE, November 27, 1862.

Maj. JONES FRANKLE, Provost-Marshal.

SIR: I have this day made the sanitary inspection of the Craven Street Jail and have the honor to submit the following report:

1. The cells and rooms occupied by the prisoners are in the most disgusting and filthy state, seriously endangering the health and lives of the prisoners; there is apparently no attempt to make the apartments either decent or healthy; no efficient means are provided for heating or ventilation; the prisoners urinate in tubs kept in the rooms; these tubs are saturated with urine and at the time of the inspection were nearly full, giving out an intolerable stench.

2. The clothing, blankets, &c., are damp, filthy and lousy; no pains are taken to sun and air these articles; the men are unwashed and untidy and many of them diseased.

3. Rations provided for the prisoners are of good quality but not properly cooked or served.

{p.8}

4. The rooms least suitable for occupation are overcrowded by prisoners while the best rooms are nearly empty.

Upon the whole the sanitary condition of this prison is most unfavorable and dangerous to the health and lives of its inmates. In view of this I would respectfully make the following suggestions:

1. That a man of experience, energy and discretion be selected for jailer.

2. All the rooms occupied by the prisoners should be thoroughly cleansed and suitable means for warming and ventilating them be provided.

3. Every man should be thoroughly bathed and provided with new and clean clothing; blankets, &c., should be sunned and aired daily; every man should be allowed at least two hours’ exercise in the jail yard daily and should bathe at least once a week.

4. One room should be set apart for the sick, as a hospital, and an entire change made in the arrangement of the prisoners’ quarters. The cells are totally unfit for occupancy; no one can be confined there twenty-four hours without danger to health.

Respectfully submitted.

ISAAC F. GALLOUPE, Surgeon in Charge of Jails.

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FORT MONROE, December 1, 1862.

Hon. E. M. STANTON:

Two hundred and seventy-seven released prisoners of war, 58 released Government laborers and 40 released political prisoners are sent to Annapolis to-day. Among the former are Major Jordan, Seventh [Ninth] Pennsylvania Cavalry, and 151 men and officers of Fifty-fourth Pennsylvania Regiment, captured at Paw Paw who are exchanged and can be at once sent to their regiment.

WM. H. LUDLOW, Lieutenant-Colonel and Agent for E. change of Prisoners.

(Copy to Colonel Hoffmann, commissary-general of prisoners.)

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FORT MONROE, December 1, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners:

Where are the rolls of prisoners captured by General Rosecrans, reported as being 2,500 Can you send them to me?

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

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YORKTOWN December 1, 1862.

Captain BARSTOW, Acting Assistant Adjutant-General:

Retain lists of prisoners and any papers and communications from Mr. Ould, and send Captain Mulford with the steamer New York and all the released prisoners to Annapolis to be turned over to the commanding officer of that post. Order Captain Mulford to bring back the steamer.

WM. H. LUDLOW, Lieutenant-Colonel.

{p.9}

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GENERAL ORDERS, No. 23.}

HDQRS. DEPARTMENT OF THE MISSOURI, Saint Louis, Mo., December 1, 1862.

...

VII. Officers of the provost-marshal’s department during the existence of civil war are especially intrusted with the peace and quiet of their respective districts, counties and sections, and to this end may cause the arrest and confinement of disloyal persons, subject to the instructions and orders of the department. They will have charge of all prisoners taken from the enemy; the keeping of the records as far as possible of the prisoners taken by the enemy, that the proper data for an exchange may be at any time obtained; the arrest and return or imprisonment of deserters, and in general all duties relating to prisoners of war or state.

VIII. Before any assistant provost-marshal or the commander of any troops or post shall send any prisoners to the provost-marshal-general at these headquarters or to district provost-marshals he shall make a list of such prisoners, stating when and where and by whom captured (and if prisoners of war the rank, regiment and company to which they belong), and also the charge against each prisoner, with the substance of the evidence against each, which statement and evidence must be sent with the prisoners. And where persons arrested by assistant provost-marshals are sent to the provost-marshal-general or to district provost-marshals the witnesses against them must be first examined, their residence stated and their testimony written down and sworn to and sent along with the prisoners. Assistant provost-marshals and commanders should dispose of prisoners not charged with serious offenses without sending them to Saint Louis, and they must be careful not to send prisoners unless there is some evidence to warrant imprisonment.

IX. Prisoners of war are entitled to be exchanged as soon as practicable, and all officers holding or capturing such prisoners will send them forward at once to these headquarters to the provost-marshal-general, to be exchanged or to be sent to the commissary-general of prisoners as may be ordered.

X. All orders or parts of orders heretofore issued conflicting herewith are rescinded.

By command of Major-General Curtis:

H. Z. CURTIS, Assistant Adjutant-General.

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ADJUTANT-GENERAL’S OFFICE, Washington, December 2, 1862.

COMMANDING OFFICER, Fort Delaware, Del.:

The Secretary of War directs that you discharge Judge Carmichael from custody. Report receipt of this.

E. D. TOWNSEND, Assistant Adjutant-General.

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Resolution adopted by the United States Senate December 3, 1862.

Resolved, That the Secretary of War be requested to furnish to the Senate any information he may possess with reference to the sale into slavery of colored freemen captured or seized by the rebel forces, and to state what steps have been taken to redress this outrage upon human rights.

{p.10}

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HEADQUARTERS PAROLED PRISONERS, Near Annapolis, Md., December 3, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners.

SIR: In compliance with your instructions I have the honor to report the number of men from the different Western states as follows: Ohio, 2 officers, 238 enlisted men; Tennessee, 1 officer, 122 enlisted men; Michigan, 2 officers, 122 enlisted men; Indiana, 51 enlisted men; Wisconsin, 2 officers, 64 enlisted men; Virginia, 20 enlisted men; Missouri, 7 enlisted men; Minnesota, 2 officers, 18 enlisted men; Kentucky, I officer, 3 enlisted men; Illinois, 6 enlisted men. Total, 10 officers, 651 enlisted men.

Very respectfully, your obedient servant,

GEO. SANGSTER, Lieutenant-Colonel, Commanding Paroled Prisoners.

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OFFICE FOR EXCHANGE OF PRISONERS, Vicksburg, Miss December 3, 1862.

Captain BICKFORD, U. S. Army, Agent for Exchange of Prisoners, near Vicksburg, Miss.

CAPTAIN: I have the honor to hand inclosed copy of a letter received from Maj. Gen. M. L. Smith, C. S. Army. I am sorry that his complaints are true and frequently complained of by our returning prisoners of war, and hope you will disavow any participation in the matter on the part of your Government.

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

N. G. WATTS, Major, C. S. Army, and Agent for Exchange of Prisoners.

[Inclosure.]

VICKSBURG December 3, 1862.

Major WATTS, Agent for Exchange of Prisoners.

MAJOR: You are to call the attention of the Federal agent for exchange of prisoners to the fact that our men state on returning that all their money is invariably taken from them and not returned. Every blanket resembling a Federal blanket is claimed. The watches and money of officers are taken from their possession and kept and trunks emptied of clothing. No such treatment that I am aware of has been experienced by their prisoners, and it is hoped the above is not done by any authority of their officers and that it may not recur in future.

Very respectfully,

M. L. SMITH, Major-General, Commanding.

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HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, December 3, 1862.

Brig. Gen. C. P. BUCKINGHAM, Assistant Adjutant-General.

GENERAL: Yours of the 26th ultimo* in relation to the return to duty of the Iowa officers and soldiers exchanged is duly received. The trouble is to know who are exchanged. No lists or descriptions have been sent and I am constantly importuned on this subject. Occasional newspaper notices inform us of some officers being exchanged {p.11} and I have acted on these, but I respectfully submit that immediate notice should be brought home to department and district commanders of exchanges, so we may know who to detail for duty. Exchanged or not exchanged should they not return to their rendezvous?

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

S. R. CURTIS, Major-General.

* Not found.

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HEADQUARTERS ARMY OF TENNESSEE, Murfreesborough, Tenn., December 3, 1862.

Maj. Gen. W. S. ROSECRANS, Commanding U. S. Forces, Nashville, Ten-

GENERAL: I inclose for your information the following papers, viz:

1. General Orders, No. 84, from the Adjutant and Inspector General’s Office, Richmond, in reference to Federal military violations of the laws and usages of war, with retaliatory provisions, special and general.

2. An extract of a communication from Clarksville, Tenn., giving a statement of the outrages committed upon private citizens and their deplorable condition under the military authority as administered there.

3. A copy of a report from the commanding officer of my picket forces in your front detailing the depredations which marked the route of one of your reconnoitering parties a few days since, under the orders and sanction of its officers.

4. Extract from the report of another picket officer on the Lebanon road, in which he gives the statement of a reliable citizen as to the system of rapine indulged in by another one of your reconnoitering parties.

I deem it unnecessary to enlarge upon the subject as presented in the papers submitted to you. I could multiply almost indefinitely authentic complaints from widely separated parts of my department setting forth a similar condition of affairs, as consequent upon a visit or occupation by your troops. Inasmuch, however, as in your highly esteemed favor of the 29th ultimo* you foreshadowed a correction of the previous existing causes of complaint by declaring your intention to observe the usages and laws of war I shall place a generous construction upon the late occurrences and hope that they were without your knowledge and will meet with a prompt correction and punishment.

Awaiting your reply I shall abstain from the disagreeable duty of considering the steps which a suffering people and an outraged civilization will demand in order to put a stop to such an extended and uniform system of unparalleled and savage warfare.

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

BRAXTON BRAGG, General, Commanding.

* See Series I, Vol. XX, Part II, p. 109.

[Inclosure No. 1.]

GENERAL ORDERS, No. 84.}

ADJT. AND INSP. GENERAL’S OFFICE, Richmond, November 10, 1862.

I. The following orders are published for the information and guidance of the Army:

II. Whereas, reliable information has been received that Colonel Lowe and Col. A. C. Harding, Eighth Illinois Regiment, U. S. Army, have been engaged in a series of wanton cruelties and depredations in Clarksville, {p.12} Tenn., and the surrounding counties, which in many instances have resulted in the arrest, incarceration and maltreatment of non-combatants and peaceful citizens of the Confederate States, and in others in the unjustifiable destruction of private property without compensation and contrary to the rules and practice of civilized warfare: Therefore, it is ordered that the aforesaid Colonel Lowe and Col. A. C. Harding, Eighth Illinois Volunteers, U. S. Army, be and they are hereby declared no longer entitled to be regarded as soldiers, and that they have forfeited all claim to the benefits of the cartel existing between the Governments of the Confederate States and the United States for the exchange of prisoners of war, and further that in the event of their capture they shall be kept in close confinement and treated as felons until otherwise ordered by the President of the Confederate States.

III. And whereas, other officers of the U. S. Army yet unknown to the Confederate Government are represented and believed to have participated in the wrongs and outrages before referred to: Therefore, it is also ordered that the provisions of the first paragraph of this order shall be applicable to any other officers of the Federal Army in the State of Tennessee, upon proof of their guilt deemed satisfactory by the commanding officer of the department in which they may be captured and held.

...

By order:

S. COOPER, Adjutant and Inspector General.

[Inclosure No. 2.]

Extract from a communication from Clarksville, Tenn.

The commander above named and others have been and still are engaged in arresting many of the citizens of this portion of country and placing them in a loathsome dungeon and keeping them there unless they take the oath of allegiance, these citizens being in no way connected with the Confederate Army.

They have gone to the premises of many citizens seizing them and destroying or carrying away all their property of every description. In some cases they burn everything before them. They have taken away hundreds of negroes; they have visited houses insulting ladies and threatening to shoot, stab, bayonet and even burn them. They have robbed them of their wardrobes-not only of men, but those of women and children.

They are also in the habit of taking all the negroes. We in this city have been visited by these men and treated in a savage and brutal manner, and they daily threaten to return and utterly destroy the city and imprison all the citizens who do not take the oath of allegiance to the Federal Government.

The aforesaid Harding visited a church in the country and arrested two ministers of the gospel and placed them in prison, where they still are. He also took the horses and carriages from the congregation and required the persons present, both male and female, to take the oath or go to prison, and he proclaims that every man in the country shall be arrested and either take the oath or go to the dungeon. This is our present condition.

Now we are wholly unprepared to repel these insults and oppressions. It is true there are still many men here who are willing to meet them, but we are wholly destitute of both arms and ammunition, nor is there any military force in this vicinity that is able to repel them.

{p.13}

[Inclosure No. 3.]

HEADQUARTERS CAVALRY BRIGADE, La Vergne, Tenn., December 1, 1862.

[GEORGE WM. BRENT.]

COLONEL: I have the honor to state that the enemy have been for the last month burning all unoccupied houses between La Vergne and Nashville. Up to this time they have to my knowledge burned more than twenty houses. At and near La Vergne last Thursday they burned several under the immediate direction of their officers. They stated that they did not intend to leave any shelter for rebels.

They take special care to burn houses near which our pickets have been stationed, but by no means confine themselves to these.

Respectfully, colonel, your obedient servant,

JOS. WHEELER, Brigadier-General and Chief of Cavalry.

[Inclosure No. 4.]

Extract from report of officer commanding pickets on the Lebanon road, December 1.

...

He says they are destroying and burning everything in their route, taking even the shoes from the feet of the women. They have a large number of wagons and are evidently on a marauding expedition.

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HEADQUARTERS ARMY OF TENNESSEE, Murfreesborough, Tenn., December 3, 1862.

Maj. Gen. W. S. ROSECRANS, Commanding U. S. Forces, Nashville, Tenn.

GENERAL: I inclose you a copy marked A of reports made by medical officers of my command in regard to the indignities to which they were subjected while they were in the hands of your predecessor. As the officer from whom they received such severe and unjustifiable treatment is probably not within your jurisdiction I beg that you will forward the papers with a copy of this communication as far as pertains to the case to his proper commander. The rumor which was made the pretext for the confinement of these officers in violation of the cartel existing between time two Governments was wholly unfounded. It would be most painful to me to be compelled to resort to retaliation for such acts of cruelty or bad faith, but if their committal is encouraged in subordinate officers by allowing them to go unpunished or unremarked there will be but one course left me.

I desire also to call your attention to the case of Surgeon Horton, Tenth Regiment Tennessee Volunteers, who is reported to me as confined on parole within the limits of the city of Nashville and prohibited from communicating with his Government. You will oblige me by informing me of the reasons of this exceptional course toward this officer.

The case of Private R. K. Kerchival, Fourth Tennessee Volunteers, imprisoned in Nashville by General Negley and refused an exchange, as set forth in the inclosed statement marked B, is submitted also to your special attention.

It will afford me unalloyed pleasure to learn that in these cases of great apparent hardship and abuse “the laws and usages of war” have {p.14} been enforced and the parties guilty of violating them brought to just and merited punishment.

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

BRAXTON BRAGG, General, Commanding.

[Inclosure A.]

NICKAJACK, November 10, 1862.

General BRAXTON BRAGG.

SIR: In company with K. C. Divine, brigade surgeon, Fourth Brigade, Second Division, Left Wing, Army of the Mississippi, I left our hospitals near Perryville, Ky., October 20, and proceeded to Harrodsburg to confer with Surgeon Moore, left in charge. On the 21st we left Harrodsburg for Danville, at which place we arrived in the evening and found General Buell and a large part of his forces just arrived from Crab Orchard en route for Lebanon, Ky. Having been refused permission to pass out of Kentucky by any other route than via Somerset, I obtained through the instrumentality of my personal friend, Dr. Robert Murray, General Buell’s medical director, passes for myself and Doctor Divine to rejoin our command by that route, but on starting that way was deterred from continuing by the information that the Knob counties of Kentucky and Tennessee were infested by gangs of Union bushwhackers and thieves and the report that several persons on that route had been shot and plundered, a Confederate surgeon among the number. We therefore went to Lebanon, Ky., disposed of our horses and took the cars for Louisville, to which place General Buell had gone. We were insulted by Yankee officers in the cars and threatened with arrest.

On our arrival at Louisville on Saturday night, October 25 (in a violent snow-storm), we put up at the Galt House, registering our names as surgeons, C. S. Army. On examining the register after supper we discovered the letters C. S. A. had been erased. In the morning after breakfast I saw Lieutenant Bush, aide to General Buell, and asked him to procure us permits to pass down the river to Vicksburg on a boat that was to leave that night with paroled Confederate prisoners. He promised to see General Buell and procure passes for us and leave a note for me at the hotel office. We left the hotel in the morning for the house of a friend. In the evening we were informed by a friend in the Federal service that the boat would leave that night and that he understood we were to be sent to the military prison. At my request he went to the office of the Galt House and brought me a note from Lieutenant Bush (herewith annexed) referring us to General Boyle. Upon repairing at once to General Boyle we were referred to Colonel Dent, provost-marshal, who informed us we were under arrest and must go to the prison hospital “as hostages for a Federal surgeon who was reported to be confined in a dungeon at Knoxville, Tenn., on bread and water.” We were courteously allowed by Colonel Dent to return to our friend’s house to supper and report at the prison at 8 p.m., which we did, protesting, however, against our imprisonment. We were assigned beds in the hospital wards and ate at the surgeons’ table. We found in the hospital as hostages like ourselves Surgeons Alexander and Leak and Assistant Surgeon Meux, C. S. Army, who had been confined to the prison but transferred to the hospital. We found many of our wounded soldiers in the hospital, whom we took charge of and attended to their wounds. On the following [day] after our imprisonment we addressed a joint note to General Boyle (copy annexed), to which we received no reply.

{p.15}

On Wednesday evening, the 29th instant, we were ordered by Surgeon Head, U. S. post surgeon at Louisville, to be transferred from the military hospital to the military prison, in which were confined some 500 Confederate soldiers (paroled), political prisoners and others, among whom we found three more Confederate surgeons who had that day been imprisoned, viz, Assistant Surgeons Phillips, Fenner and Clark. I addressed a note to Doctor Murray, General Buell’s medical director, and through his interference we were released and ordered to report on the evening of the 30th to Doctor Cowan, C. S. Army, at the Louisville Hotel, where we found he had been furnished with transportation for us to Cairo, via railroad through Indiana and Illinois. At Cairo we reported to the general in command (General Tuttle), who telegraphed to General Grant for permission to send us through the Federal lines at Memphis. General Grant replied, ordering General Sherman at Memphis to “pass through the lines rebel surgeons.”

We left Cairo on the Belle Memphis on the evening of Saturday, November 1, transportation given us, and arrived at Memphis on Monday morning, the 3d instant, where we procured a pass from General Sherman and conveyance to Hernando. Thence next day to Coldwater, where we took the cars, and I proceeded via Grenada, Jackson, Mobile and Atlanta hither. Please find notes, &c., annexed. Surgeon Jones, C. S. Army, who was also imprisoned at Louisville, was sent down on the boat to Vicksburg with our paroled men, on his parole to return in forty days. Surgeons Leak, Fenner and Clark were robbed by the Federals of their knives, pocket instruments and some clothing.

Deeming it proper to communicate the above facts to the general commanding, I remain, very respectfully,

H. HINKLEY, Brigade Surgeon.

[Sub-inclosure No. 1.]

HEADQUARTERS 121ST REGIMENT OHIO VOLUNTEERS, Perryville, Ky., October 19, 1862.

The guard will pass the bearer, H. Hinkley, brigade surgeon, First Brigade, Second Division, Army Mississippi, Left Wing, through our lines.

W. P. REID, Colonel, Commanding Post.

[Sub-inclosure No. 2.]

HEADQUARTERS ARMY OF OHIO, In Camp, October 21, 1862.

Pass Surgeon Hinkley, C. S. Army, through our lines south via Somerset, he having given his parole not to divulge anything to the prejudice of the U. S. service.

By order of Major-General Buell:

T. J. BUSH, First Lieutenant.

[Sub-inclosure No. 3.]

OCTOBER 24, 1862.

Doctor HINKLEY.

SIR: The general has given directions to General Boyle about your getting South. You will find him at his headquarters on Seventh street near Broadway.

Very respectfully, your obedient servant,

T. J. BUSH.

{p.16}

[Sub-inclosure No. 4]

MILITARY PRISON HOSPITAL, October 29, 1862.

[General J. T. BOYLE.]

SIR: We take the liberty of addressing you to-day to call your attention to a change in our situation, ordered yesterday by Doctor Head, medical director. Confederate surgeons, we were on our arrival here (on our way South from attending to our wounded in Perryville) arrested and sent to the prison hospital to be held (so we were informed) as hostages for a Federal surgeon said to be confined in Knoxville, Tenn. We are now to be sent to the military prison by order of Doctor Head. While we ask leave to doubt the truth of any Federal surgeon being confined merely for being a Federal surgeon, we would respectfully request of you if we are held as prisoners to be confined to some other quarters more comfortable to us as non-combatants and more suited to our condition. We will cheerfully give our parole of honor not to leave any premises or house you may confine us to, or give you bond here in the city if released on parole to return here in a specified time if the Federal surgeon should prove to be confined. We respectfully request that if we are to be held as prisoners we be assigned quarters better suited to our condition than the military prison, provided we have to leave the hospital.

Respectfully,

K. C. DIVINE, [J. M.] ALEXANDER, H. HINKLEY, Brigade Surgeons. T. W. LEAK, Surgeon. [T. R.] MEUX, [N. D.] PHILLIPS, [J. S.] FENNER, [A. T.] CLARK, Assistant Surgeons.

[Sub-inclosure No. 5.]

HEADQUARTERS DISTRICT OF MEMPHIS, Memphis, November 3, 1862.

Dr. J. B. Cowan, C. S. Army; Doctor Hinkley, C. S. Army; Doctor Phillips, C. S. Army; Doctor Clark, C. S. Army; Doctor Leak, C. S. Army; Doctor Divine, C. S. Army; Doctor Fenner, C. S. Army, and Doctor Meux, C. S. Army, are hereby permitted to proceed southward to the Confederate lines pursuant to instructions from Maj. Gen. U. S. Grant. They will proceed by the Hernando road to-day.

By order of Major-General Sherman:

J. H. HAMMOND, Assistant Adjutant-General

[Inclosure B.]

TULLAHOMA, TENN., November 22, 1862.

Dr. A. J. FOARD, Surgeon and Medical Director.

SIR: In company with Dr. H. Hinkley, brigade surgeon, First Brigade, Second Division, Army of the Mississippi, I left McDowell Hospital, near Perryville, Ky., October 20 and proceeded to Harrodsburg to {p.17} report to and confer with Doctor Moore, left in charge. On 21st at 2 p.m. we left for Danville, at which place we arrived in the evening. Found General Buell and the major part of his forces just returning from Crab Orchard (General L. Wallace having been left at Big Hill) en route for Lebanon, Ky.

Having been refused permission to pass out of Kentucky by way of the Gap (reason assigned, the general did not want us to pass through his army) we were granted permission to pass via Somerset, but on startling that way we were assured that General Bragg’s army was making for Nashville or Murfreesborough, and receiving information that the Knob counties of Tennessee and Kentucky were infested by gangs of bushwhackers and thieves, and the report that several persons on that route had been shot and plundered, a Confederate surgeon among the number, we concluded to go to Lebanon, Ky., and if possible to get in advance of the Federal Army and make our way to Murfreesborough. Failing in our intentions we were advised by Dr. R. Murray, General Buell’s medical director, to sell our horses and go by way of Louisville, to which place General Buell had preceded us.

Whilst on the cars we were insulted by a couple of drunken Federal officers and threatened with arrest. On our arrival at Louisville at 9 p.m. Saturday, 25th, in a violent snow-storm, we put up at the Galt House, registering our names as surgeons, C. S. Army. On examining the register after supper we found the letters C. S. A. had been erased, whereupon I demanded to know the perpetrator of so low and base an act. The clerk denied knowing. After we had left the house I was told that it was done by the proprietor, Silas Miller, former captain of steam-boat Robert J. Ward, a man who had made all of his money from the patronage of Southern people.

Sunday morning, October 25, after breakfast I requested to see General Buell, but was told by his aide-de-camp, Lieutenant Bush, that he was yet in bed, but that he would see him and have a note at the office bar, with passes, &c., so that we might go down the river on the boat to leave that evening with paroled prisoners. Finding it unpleasant to remain longer at the hotel, we repaired to the house of a friend, Lighter Huffman. In the afternoon we were informed by a friend, Captain Sherley, in the Federal service, that the boat would leave that night, and that there was an order for our arrest from Brigadier-General Boyle. He (Captain Sherley) advised us to remain quiet indoors until near the time of the boat’s starting. Supposing that General Boyle merely wished to pay his respects to us until the time for the boat to leave, we did as advised. At our request Captain S. went to the Galt House and returned with a note from Lieutenant Bush, in which Lieutenant B. stated that General Boyle had instructions as to our getting South. This confirmed us in our former opinion.

At 6.30 p.m. we reported to General Boyle’s adjutant-general (General B. refusing to see us). We were directed by him to Colonel Dent, provost-marshal, who informed us that we were to go to the prison hospital, there to remain as hostages for one Doctor Goins, a surgeon of theirs, whom a citizen (Doctor Hall) reported was in a dungeon at Knoxville on bread and water. We were further told he was immured because of his being a Tennesseean, and was therefore held as a traitor. We were kindly allowed by Colonel Dent to return to the house of our friend obtain our articles and report at the prison at 8 p.m., which we did, protesting, however, against our imprisonment in the strongest terms. Finding that of no avail I told him that {p.18} should our Government so far forget its principles and its dignity as to commit so infamous an act that I would not serve it another day. Colonel Dent replied that it was bad treatment and not acting in good faith, but that he had his orders and must obey them. We were assigned beds in the hospital wards and ate at the surgeons’ table.

We found in the prison hospital J. M. Alexander, surgeon Second Brigade, First Division, Army of the Mississippi; Surgeon Leak, Fourth Tennessee Regiment; N. D. Phillips, assistant surgeon Smith’s battery, General Maney’s brigade; J. S. Fenner, assistant surgeon Sixth Tennessee Regiment; T. R. Meux, assistant surgeon Thirty-fourth Tennessee Regiment, and A. T. Clark, assistant surgeon Sixth Tennessee Regiment, who had been transferred from the prison to the prison hospital, which is in the same general inclosure and closely guarded. We found many of our wounded whom we took charge of.

On the day after our imprisonment we addressed a joint note to General Boyle, a copy of which was furnished by Doctor Hinkley, to which we received no reply. On Wednesday, October 29, we were ordered by General Boyle, approved by Doctor Head, post surgeon, to the prison proper, in which were 500 of our soldiers who had been paroled at and near Perryville, their money and pocket-knives having been taken from them. The money they returned to all except Morgan’s men, refusing, however, to return the knives.

Whilst in the prison they gave us prison fare, and that was given from the hands of filthy and disgusting Dutchmen. On the evening of the 29th Dr. J. B. Cowan, surgeon-general Forrest’s brigade, reached Louisville. Hearing of our confinement he sought an interview and complained to General Buell, who ordered our release stating that he did not know of our imprisonment. His adjutant-general, General Fry, did, but stated that he thought that we had been released long ago. General Boyle gave to Doctor Cowan as the reason for our arrest and imprisonment “that we had cut up” and used seditious language, therefore required punishment, admitting, however, that the officers who complained of Doctor Hinkley and myself were drunk. There was no complaint lodged against the other surgeons, consequently giving the lie to his first assertion. The reason assigned for imprisoning our paroled soldiers was to prevent their receiving the sympathy of the “Secesh;” that they would furnish them clothing which would enable them to stand the winter campaign. G. D. Prentice said it was to prevent their sharing the sympathies of the she-devils.

General Boyle sent a written order for us to report to Doctor Cowan at the Louisville Hotel without delay. This order we promptly obeyed, glad enough to get out of such a place. We were ordered to leave immediately and were furnished transportation through Indiana and Illinois on the cars to Cairo, where we were treated kindly by General Tuttle, who telegraphed to General Grant asking [permission] for us to pass via Memphis. He replied telling General Tuttle to pass us through his lines in ambulances. On reaching Memphis finding that we would be detained a day or more if we waited for the ambulances some citizens of Memphis kindly procured a couple of hacks for which they paid $50, and sent us to Hernando, Miss.; there our money being good, we procured wagons and went to Coldwater station, on Mississippi and Tennessee Railroad, from which place we took cars, &c., to this place.

Respectfully,

K. C. DIVINE, Surgeon, C. S. Army.

{p.19}

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 3, 1862.

Lieut. Col. W. H. LUDLOW, Agent for the Exchange of Prisoners, Fort Monroe, Va.

COLONEL: I inclose herewith a letter* from Judge Goodloe, of Lexington, Ky., inclosed by Major-General Wright, commanding Department of the Ohio, in relation to the capture and parole of home guards in Kentucky.

Under the cartel there can be certainly no propriety in the rebel authorities imposing any other than the usual restrictions on those whom they may capture. Have you the views of Mr. Ould in this matter or can you make any suggestions as to the best course to be pursued?

I inclose a list** of Federal officers and men captured at different places, which I have picked up at different times. No rolls are furnished.

Rolls of General Rosecrans’ captures have been forwarded to this city but they have not yet arrived. I will forward to you as fast as I receive them all rolls of Federal or rebel prisoners.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

* See Vol. IV, this Series, p. 706.

** Omitted.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 3, 1862.

Capt. S. E. JONES, Headquarters Western District, Louisville, Hy.

CAPTAIN: Your letter of the 22d ultimo* is received and I have to reply that deserters from the rebel army cannot be considered prisoners of war but to insure their loyalty they should be required to take the oath of allegiance with the penalty of death for its violation.

If professed deserters come within our lines they may be spies and every commander should judge of each case after careful inquiries according to the circumstances. All soldiers taken in arms, whether recruits or conscripts, are prisoners of war, and if they desire not to be exchanged but to be released on bond a special report should be made in each case with a recommendation for or against. All civilians who took part with the rebels during their recent inroad into Kentucky should be sent to the depot at Johnson’s Island, Sandusky, with a clear statement of the charges in each case. Doubtful cases may be sent to Camp Chase.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

* See Vol. IV, this Series, p. 745.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, December 3, 1862.

ROBERT OULD, Esq., Agent for Exchange of Prisoners.

SIR: Your communication of the 29th* of November has been received and forwarded to the Secretary of War. In my letter to you of the {p.20} 20th** November I informed you that orders had been issued and were being executed to send all the prisoners at the West belonging to irregular organizations to Vicksburg for exchange. The same orders are intended to apply to those in the department of General Butler. The political prisoners at Forts Warren and Lafayette and the Old Capitol Prison at Washington have with a few exceptions been unconditionally released. These orders will show you the policy of the United States Government and will probably cover points 2 and 3 in your official communication of the 29th November. In view of these releases I hope you will no longer hesitate to reciprocate by ordering the release of the Robinsons, father, son and son-in-law, and all others similarly confined. I send you to-day in addition to prisoners of war Mr. S. H. Lyon, who goes to Richmond in exchange for Alfred Schleg, released on condition to procure this exchange. I intend to meet you in a few days. Please send me by Captain Mulford a list of persons wishing to come via flag of truce through our limes. Within a few days a number of persons, mostly women and children, will apply to be sent to City Point. Will they be permitted to land at that place? They belong at the South.

I am, very respectfully, your obedient servant,

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

* See Vol. IV, this Series, p. 770.

** See Vol. IV, this Series, p. 738.

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HEADQUARTERS, Fort Monroe, Va., December 3, 1862.

Hon. ROBERT OULD, Agent for Exchange of Prisoners.

SIR: Since I wrote you this morning information has been given me that some thirty or forty citizens of Pennsylvania, non-combatants, were seized by order of General Stuart in his late incursion into Pennsylvania and Maryland and were conveyed to Richmond. This is so clearly in contravention of the positions you have laid down that I need only mention the fact to you to insure their immediate delivery to Captain Mulford, in charge of the flag of truce.

Your obedient servant,

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

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OFFICE PROVOST-MARSHAL-GENERAL, Saint Louis, Mo., December 3, 1862.

Brig. Gen. LEWIS MERRILL, Headquarters District of Northeast Missouri, Warrenton, Mo.

GENERAL: A considerable number of citizens from the interior of the State-and amongst them are several undoubted Union men who have suffered in the cause-have made urgent application to me to give a hearing to the prisoners who have been captured and sent down by you as sentenced to imprisonment for the war. It is urged upon me that amongst those prisoners will be found a considerable number of young men whose fathers and connections are true Union men who never before took up arms and who went off most indiscreetly under the excitement produced by the enrolling orders, and that they are now willing to give their adhesion to the side of the Government {p.21} and give bond for the performance of their promise; also to enroll in the Enrolled Missouri Militia. Amongst those pressing this matter is Judge A. Leonard, of Fayette, whom I personally know and esteem. He requests the release of the sincerely penitent who have never before been in arms and who will enroll and give bond. I understand from General Curtis that he is in favor of so dealing with them. Will it not be better to select out from the mass those who will probably conduct themselves in a loyal manlier in the future if their first offense be passed over? My wish is to take that course with them, but I consider it due to you that I present the matter to you before taking any steps. My aim will be not to release any one unless I believe that he will honestly keep his engagements, which I will secure by a good bond. May I ask, general, that you will give this your early consideration and reply to this as soon as practicable.

I have the honor to remain, your obedient servant,

F. A. DICK, Lieutenant-Colonel and Provost-Marshal-General.

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WAR DEPARTMENT, Washington, December 3, 1862.

Lieut. Col. WM. H. LUDLOW, Commanding at Fort Monroe.

COLONEL: You will please communicate with Mr. Ould the intention of the War Department to escort to the lines all ladies and their children who desire to join their husbands and relatives who make proper application previous to the 16th instant. It is proposed to send them from this city about the 25th instant. Please make such arrangements as will obviate detention.

By order of the Secretary of War:

L. C. TURNER, Judge-Advocate.

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OFFICE PROVOST-MARSHAL-GENERAL, Saint Louis, Mo., December 3, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: J. J. Clarkson, of Dade County, Mo., is now a prisoner in the jail of this county. He is held upon an indictment found against him in the U. S. circuit court. As a rebel officer he was engaged in the battle at Lexington, Mo.,in September, 1861. His indictment is based upon his service in the rebel army, under the late act of Congress, for conspiracy. He claims to be a colonel in the C. S. Army. He was commissioned July, 1861, by C. F. Jackson as Governor of Missouri, as colonel Fifth Infantry Missouri State Guard. He states that he was transferred from the infantry Missouri State Guard to cavalry C. S. Army and carried his rank with him. He was never formally commissioned by any one in the Confederate service but was constantly recognized as a colonel in the Confederate Army by Generals Van Dorn and Hindman under both of whom he served. The evidence he produces shows that he acted in the C. S. Army as a colonel, and after his transfer from the Missouri State Guard received no orders from General Price. In March, 1862, he was authorized by General Van Dorn to raise a battalion of six companies of cavalry for the war, and a majority of the regiment which he commanded when captured were from Arkansas. He was captured in July, 1862, with about fifty of his men in the Cherokee {p.22} Nation. Two of his lieutenants captured with him he states have been exchanged. He was held a prisoner of war from July to October, 1862, when under the indictment he was delivered to the U. S. marshal and put in jail. Under the cartel he claims the right to be exchanged. Not being in my custody upon his application I have had him examined, and he now remains in jail until the questions involved in his case shall be decided. I am anxious to receive specific directions as a guide to determine such questions as they arise, and I ask:

1. Do the facts stated place Clarkson upon the footing of a colonel in the Confederate service so that it is safe to send him forward for exchange as an officer of that rank, or should he be detained until it is ascertained that one of our colonels will be returned in exchange for him?

2. Supposing him entitled to be treated as a colonel in the Confederate service is the pending indictment to interfere with his being exchanged? If recognized as a Confederate officer must he not at once be granted an exchange? The indictment is based upon the ground that he is a citizen; the cartel treats him as a belligerent.

3. He was captured in arms and is a prisoner of war, and if not considered an officer what shall be his status?

4. Colonel Clarkson being now in the custody of the U. S. marshal by order of the circuit court of the United States it is the duty of the marshal to produce his body in court at its next sitting. The marshal insists upon holding the prisoner. The court does not sit until April, 1863, so that the matter cannot be brought before it that it may make an order to deliver the prisoner to the military authorities. If it is decided that I am to take the prisoner from the marshal by superior force I ask specific instructions in relation to the matter. Should there not be either an order from the Secretary of War directing me to take this man from the marshal and send him forward to be exchanged as a prisoner of war, or else an order in terms embracing all such cases? And in view of other cases now being examined by me I also need instructions upon other points.

5. There are prisoners of war under my control against whom indictments have been found in the U. S. circuit court based upon the said law for conspiring through this rebellion to overthrow the Government. The U. S. marshal asks me to surrender these prisoners to him that they may be arraigned in court upon the indictments. Will you direct what course I shall pursue? And under this head arise two questions: First, what answer should I give the marshal if such prisoners desire to be exchanged according to the terms of the cartel? And second, in your letter to Colonel Gantt of 20th September, 1862, the last paragraph states: “All prisoners belonging to the Confederate Army who desire it will be released upon taking the oath of allegiance.” If Confederate prisoners held by me avail themselves of this means of obtaining a discharge and the marshal demands their delivery to him what should be my action? The prisoners have no means of learning that such indictment has been found against them.

6. There is a large number of prisoners in my custody, probably over 200, who have been captured in the central and northern part of Missouri within the last three months who state that they have been sworn into the Confederate service. It appears that persons claiming to be authorized to recruit for the Confederate army entered the State, passing up from Arkansas into the northern part of the State. They went amongst the guerrilla bands of Porter, Poindexter and others and claiming to be duly authorized swore these men into the rebel service, and when most of these men were captured they were working their {p.23} way toward Arkansas with the intention of serving in the rebel army. Many of these men now claim to be exchanged as prisoners of war. I ask to be instructed as to what I shall do with them. And at this point I desire to call your attention to that clause in your letter of the 20th of September above quoted. I have acted upon that, as making it obligatory upon me to release any prisoner of war who offers to take the oath. Would it not be safer to leave it to my discretion to refuse a release where I entertain serious suspicions as to the good faith of the prisoner? And another question has arisen in my mind under that clause. It is whether deserters from the rebel army who deliver themselves up as prisoners are to be entitled to a release upon taking the oath. A few days ago a man came to my office professing to be a deserter, having safely passed the lines and reached Saint Louis without being questioned. He asked to take the oath and be released. From his manner and appearance I thought it not unlikely that he was a spy, and yet it was but suspicion that I felt. In such a case if the rule you have established leaves it to my discretion I would hold the man in custody until satisfied of his honesty.

In your letter to Colonel Gantt of the 13th* of October you direct that prisoners sent to Alton must be accompanied by a full list, giving all the details required by the printed rolls, and that they must be sent to arrive in the daytime. A large number of irregular prisoners are sent to Saint Louis picked up by detached companies in this State. They sometimes pass through two or three hands before they reach me. They are guerrillas or bushwhackers and marauders of various kinds. All that 1 can learn about them is from the evidence taken to prove their acts, and it contains generally no particular beyond the county, and not always that. It is impossible to give all the particulars in such cases. When bands of men are captured they are often sent forward with only their names and the general proof against the entire body. The officers who capture them send them here for imprisonment without delay, and all that they can know is that they were captured as a marauding band in arms but without permanent officers or organization. When prisoners sent from here reach Alton after dark it is in consequence of the necessity of sending them by the daily packet which starts in the afternoon and is sometimes detained.

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

F. A. DICK, Lieutenant-Colonel and Provost-Marshal-General.

* See Vol. IV, this Series, p. 118.

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HEADQUARTERS DEPOT PRISONERS OF WAR, Near Sandusky, Ohio, December 3, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners:

Inclosed you will find return* of prisoners for November. I have designed to make it comply with your directions of the 29th November by putting on the back all changes. I have, however, excepted the rolls of prisoners sent during the month and also this day. I have heretofore been in the practice of notifying you by letter of every discharge and so supposed the dead were the only prisoners necessary to name on the returns. You will observe that our list of dead is very large. I think I can get along without hiring a clerk as you permit me, and if I can think it my duty so to do.

Very respectfully, your obedient servant,

WM. S. PIERSON, Major Hoffman’s Battalion, Commanding.

* Omitted.

{p.24}

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MADISON, WIS., December 4, 1862.

Hons. E. M. STANTON:

It is almost four weeks since I advised you of the arrest of men who forcibly resisted draft in Ozaukee County. They were arrested under President’s proclamation, to be tried by court-martial. They are in General Pope’s custody but should be tried at once. To release on parole or keep them without trial would be unjust and very injurious. Has no conclusion been arrived at yet? Please answer.

E. SALOMON, Governor of Wisconsin.

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HDQRS. 14TH ARMY CORPS, DEPT. OF THE CUMBERLAND, Nashville, December 4, 1862.

His Excellency ANDREW JOHNSON, Military Governor of Tennessee, Nashville, Tenn.

GOVERNOR: Applications for permission to take the parole not to take up arms, &c., are being made to officers commanding detached portions of this army. This induces me to request that you will appoint commissioners in the various counties of the State where it is practicable or politic to do so for the purpose of administering the oath of allegiance or non-combatant parole and taking the necessary bonds. I would also be pleased if you could appoint a commissioner to accompany this army in order to release on oath or parole all persons falling into our hands who are desirous of taking either.

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

W. S. ROSECRANS, Major-General, Commanding Department.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 4, 1862.

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

COLONEL: Only the Indiana troops taken at Munfordville, Ky., have been exchanged (see paragraph 10, General Orders, No. 191*). There are no rolls in this office of the Kentucky troops taken at Munfordville. I presume Colonel Ludlow has them.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

* See Vol. IV, this Series, p. 736.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 4, 1862.

Lieut. Col. W. H. LUDLOW, Agent for E. change of Prisoners, Fort Monroe, Va.

COLONEL: I send by this mail rolls received to-day of rebel prisoners recently delivered at Vicksburg. Other rolls must be received in a few days of prisoners sent from Sandusky (Ohio), Alton and Louisville, and there should be more from General Grant’s army.

Yesterday six political prisoners arrived here under a parole for thirty days for the purpose of effecting the release and exchange for themselves of six named persons, as follows: (1) Jesse B. Kimes for C. F. Ward, {p.25} Confederate; (2) Joseph Winger for George Carter, Confederate; (3) George G. Rupley for Doctor Jackson, Confederate; (4) J. M. McCowan for John C. Spiggs, Confederate; (5) Sanford Schroeder for Henry A. Ball, Confederate; (6) Andrew Hartman for John Dowell, Confederate. Of the rebel prisoners I can find records of but three, viz, C. F. Ward, escaped from prison in this city November 17, 1862; J. C. Spiggs, released on oath November 25, 1862, and H. A. Ball, still held in the Old Capitol. George Carter, Doctor Jackson and John Dowell cannot be found on the rolls.

Under these circumstances what can be done for the men whose equivalents cannot be found?

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, 1). (A, December 4, 1862.

Lieut. Col. F. A. DICK, Provost-Marshal-General, Saint Louis, Mo.

COLONEL: I desire to call your attention to certain matters connected with the Alton Prison which occasion much confusion and detriment to the service. It is reported to me that recently 273 prisoners arrived at the prison about 10 o’clock of a dark and bitter cold night. No rolls or papers of any kind were sent with these prisoners and as a consequence it was only with much labor, if not impossible, to make a correct report of them. Orders from the War Department and instructions from this office require that when prisoners are sent to any station full rolls shall accompany them, and I request that hereafter rolls may he sent with all prisoners ordered from Saint Louis to Alton, and I request also if it is practicable that transportation may be provided in such a way that they may arrive before night.

By the orders from the War Department prisoners can only be released from the Alton Prison by its authority, but as you will perceive by my correspondence with your predecessor, Colonel Gantt, I directed the commanding officer to release on the order of the provost-marshal-general such prisoners as he might have sent up on charges which proved to be without foundation, but at the same time I requested him to reserve as far as practicable the Gratiot Street Prison for all cases under investigation.

Except in these cases all releases not ordered by the Secretary of War or the commander of the department are unauthorized, and the commander of the prison disobeyed his instructions in consenting to them.

It is reported to me that great inconvenience is experienced by the daily calls for the release of prisoners made from your office, and I must request that hereafter you will ask for the release of no prisoner except under the circumstances mentioned in the instructions which I have heretofore given.

I have sent you copies of my printed circulars and I beg to call your attention to my written instructions to Colonel Gantt.

The management of the prison is under my exclusive control, and only such regulations as I approve will be carried out there.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

{p.26}

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 4, 1862.

Maj. PETER ZINN, Commanding Camp Chase, Columbus, Ohio.

MAJOR: Your letter of the 28th has been received. Deserters from the rebel army cannot be considered as prisoners of war; but as spies may come in under that garb or it may be assumed as a ground for release, great caution must be observed that no imposition is practiced. You will refer to this office all cases where this claim is set up, with all the circumstances which are given to sustain them, in order that a decision may be made. All soldiers taken in arms whether recruits or conscripts are prisoners of war, and if they desire not to be exchanged but to be released on bond a special report should be made in each case with a recommendation for or against. Make a special report in all cases where prisoners have entered the rebel service in violation of their oath. Parole bonds do not seem to come within the meaning of the law requiring stamps and I presume no such stamp will be necessary.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, December 4, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: I inclose to you to-day various papers with indorsements. Some of them are old references to me by General Thomas, but they can now be acted on by you. I must have the list of General Rosecrans’ paroled prisoners before meeting with Mr. Ould. It will be worth the while if not otherwise speedily obtained to send a special agent for them. Have the Confederate prisoners, members of irregular organizations, been released and sent to Vicksburg?

Yours, very respectfully,

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

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ON BOARD TRANSPORT METROPOLITAN, Off Vicksburg, Miss., December 4, 1862.

Maj. N. G. WATTS, C. S. Army, Agent for Exchange of Prisoners:

In reply to your communication of the 3d instant I beg leave to state that I have no personal knowledge of or participation in the detention from prisoners of war of any money or other property on the part of my Government except such as is authorized by the usages of war, but that the statement of any specific cases of a different nature which you may be pleased to make together with your note will be by me laid before the proper authorities for examination.

With great respect, I remain, your obedient servant,

W. W. BICKFORD, Captain, U. S. Army, and Agent for Exchange of Prisoners.

{p.27}

[DECEMBER 4, 1862.-For General Orders, No. 31, Department of the Cumberland, relating to the return to their homes of those Kentuckians who had abandoned the rebel armies, see Series I, Vol. XX, Part II. p. 122.]

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Resolution adopted by the United States Senate December 5, 1862.

Resolved, That the President be requested to inform the Senate if not incompatible with the public service the number and the names of citizens of Kentucky who have been and who are now confined in the military prisons and camps of the United States outside the limits of said State, and what are the charges against them, by whom made and by whose order the arrest was made.

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HDQRS. 13TH ARMY CORPS DEPT. OF THE TENNESSEE, Oxford, Miss., December 5, 1862.

Lieutenant-General PEMBERTON, Commanding Confederate Forces.

GENERAL: I have now several hundred Confederate prisoners who by the Dix-Hill cartel will have to be sent to Vicksburg for exchange unless by agreement they will be received elsewhere.

I propose to deliver them at such point on the Mississippi Central road as you may suggest and where an officer of your command may be to receive and receipt for them. Or I will parole and release them here, sending rolls certified to for an officer of your army to receipt if you prefer it.

Please inform me of your pleasure in this matter and I will conform to it.

I am, very respectfully, your obedient servant,

U. S. GRANT, Major-General.

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HEADQUARTERS DEPARTMENT OF THE OHIO, Cincinnati, Ohio, December 5, 1862.

Brig. Gen. L. THOMAS, Adjutant-General U. S. Army, Washington, D. C.

GENERAL: I have the honor to inclose a communication from Brig. Gen. J. T. Boyle, commanding District of Western Kentucky, in reference to the course to be pursued toward rebel deserters who have delivered themselves up to the military authorities in Kentucky. The views presented by General Boyle upon this subject are so entirely in accordance with my own that I would ask that his letter be presented to the Secretary of War for his information and such action as he may deem proper. I do not clearly understand why General Boyle desires or has looked for further instructions. Those he has are ample to meet all the various requirements so far as they can be foreseen, and I have therefore instructed him in replying to his letter to carry out the orders already given him from these headquarters.

Very respectfully, your obedient servant,

H. G. WRIGHT, Major-General, Commanding.

{p.28}

[Inclosure.]

HEADQUARTERS DISTRICT OF WESTERN KENTUCKY, Louisville, November 30, 1862.

Maj. Gen. H. G. WRIGHT, Commanding Department of the Ohio, Cincinnati, Ohio.

GENERAL: I have received no orders or instructions for execution of General Orders, No. 49, modified by you, since I reported to you the action under the existing orders. Colonel Hoffman telegraphs, “Send rebel deserters to Camp Chase.” Now, general, the execution of Orders, No. 49, and its modifications with all errors that may be committed were infinitely better than to send all rebel deserters to Camp Chase. The expense to the Government will be very great, and the evils resulting from such a policy will be incalculable, to say nothing of the great injustice to individuals. Many of these new recruits deserting are small boys from under fourteen to eighteen years of age-foolish, deluded youths, who should not be confined with a pack of scoundrels. Many of them are ignorant men, made to believe they were conscripted-some forced into the service and some inveigled into the rebel army. Nearly the whole of them are deserters, some being paroled at their request supposing it released them from rebel obligations. If extreme measures are taken forcing these men to Vicksburg we convert our State into a recruiting field to fill the thinned and decimated ranks of the rebels. If they are forced to prison they will never surrender themselves but make their way South, or form bands in our State rather than be immured in prisons. I feel sure I would prefer anything rather than be sent to prison, and I doubt not these men will; whereas a lenient policy compared to this will recover these men from their fallen condition and win them to allegiance to the Government and restore them to good citizenship. There are a good many of these men who ought to be sent North and some who should be confined in prison. But the great body of them are better men, better citizens and deserving more leniency than hundreds in the city and thousands in the State who enjoy the protection of the Government in their lives and property and business. The Secretary of War has repeatedly complained as I understand his communications against arrest of this class of citizens who are tenfold more guilty than these deserters. I have a very large acquaintance throughout this State and I think I can form a pretty correct judgment in regard to these men and can separate pretty justly between the classes who should be released and those who should be sent to Vicksburg or to prison. Besides these rebel recruits deserting there are a good many deserters of Northern birth and foreigners belonging to Northern States. Surely these men should not be sent to prison or to Vicksburg. There are yet in the rebel army hundreds of them who will desert if opportunity offers. Shall all inducement to desert be withdrawn? Shall we punish for desertion from the rebel army? Shall we announce to them that they shall have a felon’s cell in our prisons or be sent to Vicksburg to a rebel gallows? What then shall be done with discharged rebels-with those who served their time out, who wish to remain at home or go North? I beg, general, that you will submit this subject with this letter to the Government if you do not feel authorized to give orders for execution of the modified orders on this subject. I cannot doubt that these views will meet your approval as they are in perfect harmony with the modifications made by you.

I regret very much to be placed continually in a position to subject me to censure at one time for extreme rigor and severity and at another {p.29} for inactive leniency. I can be relieved of this if full instructions are given on these subjects. I believe I understand this subject and our people and the true interests of the Government, and I could administer the matter to the real interest of the whole country.

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

J. T. BOYLE, Brigadier-General.

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WASHINGTON, D. C., December 5, 1862.

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

COLONEL: General Orders, No. 191, directing the assembling of paroled U. S. prisoners at the general camps at Benton Barracks and Indianapolis does not finally dispose of them by ordering them to their respective commands.

The General-in-Chief directs that special orders be sent to the commanding officers of the general camps through department commanders to forward the exchanged prisoners there assembled to the armies to which they belong with the least delay. They will be distributed to their respective regiments by army commanders. They will be sent in all cases under charge of commissioned officers, who before leaving the camp will have rolls of the detachment of each regiment, battery, &c., made out.

Prisoners belonging to regiments in the Department of the Missouri will be forwarded by orders from the department commander, Saint Louis. Those belonging to the Department of the Tennessee will be sent to Memphis, touching at Columbus, Ky., for orders. Those belonging to the Departments of the Ohio and the Cumberland will be sent to Louisville, Ky., reporting to the commanding officer at Louisville, who will forward to Nashville the men whose regiments are serving mini the Department of the Cumberland. Commanders of camps can ascertain where regiments are serving by applying to the Adjutant-General’s Office at Washington, D. C.

Very respectfully, your obedient servant,

J. C. KELTON, Assistant Adjutant-General.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 5, 1862.

Maj. W. S. PIERSON, Commanding Depot of Prisoners, Sandusky, Ohio.

MAJOR: S. B. Greenfield and G. C. Bronaugh, political prisoners from Kentucky, so far as the books show come under paragraph II of General Orders, No. 193, of November 22, from the War Department, and if there are no other charges against them they and all others similarly situated in your charge are entitled to release on parole under the above order. Those who go to Kentucky should be required to report to the provost-marshal at Louisville; those to Tennessee to the provost-marshal at Nashville; those to Missouri to the provost-marshal at Saint Louis, and those to Virginia to the provost-marshal at Wheeling. In other Western States they should report to the nearest military authority to their homes.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

{p.30}

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FORT MONROE, December 5, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners:

All of the Shiloh prisoners, officers and men, wherever found are exchanged. The rolls of exchanges were left by me in the Adjutant. General’s Office. Many Shiloh prisoners were delivered on the Commodore.

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Port Monroe, December 5, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: In addition to the lists of paroled men it will be necessary for me to have the original paroles or a receipt or something to show that they have been delivered within the Confederate lines. All the Indiana troops captured at Munfordville, Ky., are exchanged. The order covers all. I return the lists* sent to me and I will arrange the difference in the sum total with Mr. Ould, whom I cannot meet until I have the rolls of General Rosecrans’ captures.

I am, very respectfully, your obedient servant,

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

* Omitted.

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HEADQUARTERS PAROLED PRISONERS, Near Annapolis, Md., December 5, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners.

SIR: Yours of yesterday in relation to officers visiting Washington without proper authority is received, and in reply I would say that in all cases where officers have applied to me for permission I have informed them that the authority rested entirely with the War Department. I know that officers are in the habit of going to Washington and to other cities without any authority, and I have been very anxious that some measures be adopted to prevent it. Frequently when officers have been absent without authority and I attempt to reprove them for it they inform me that they were at the Adjutant-General’s Office; that he did not say anything to them about it and that they thought the Adjutant-General was my superior officer. There is not an officer at this camp that has not been informed that they are disobeying orders by going to Washington, but some having gone and transacted their business with the Department it has encouraged others to go, and I do not think there is a day that there are not some of them at the capital. All officers upon their reporting here are assigned to duty with companies. We have quarters now in camp for all the officers, and if the provost-marshal at Annapolis had instructions to arrest all officers in that city without proper authority it would be a great assistance in conducting the business of this camp. Their presence with the men would have a salutary effect upon their discipline. There are a number of officers who are attentive to their duties and are good officers. There are also a large number who are scarcely ever in camp and who seldom do any duty. These officers we have reported to you. {p.31} I shall do everything in my power to meet your views in the conducting of this camp, and you may rest assured that no officer goes to Washington with my consent unless he is sent there on business of these headquarters with yourself.

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

GEO. SANGSTER, Lieutenant-Colonel Commanding Paroled Prisoners.

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HEADQUARTERS DEPOT PRISONERS OF WAR, Near Sandusky, Ohio, December 5, 1862.

Col. W. HOFFMAN, Commissary-General of. Prisoners:

I am just in receipt of General Orders, No. 193, with regard to which I wrote you some days ago. I am embarrassed with the order because I think it probable that many of the prisoners should not be discharged from exceptions in paragraph III, and I have no information in this office as to the cases. I have charges against very few, and in many instances do not know by what authority they were arrested. I have directed a list of the citizens to be copied from the roll books. I shall them examine each case, and where I find no charge or evidence against the prisoner within the meaning of paragraph III from the States of Kentucky, Missouri, Tennessee and Virginia I shall offer him his parole. To-day is Friday, and as I think great care should be taken in this matter I shall not probably get the list and be able to commence action under it before Monday. I shall then proceed as fast as I can offer the prisoners their parole as above, and prepare them (the paroles) and execute them and let them go. Please telegraph me at once if this course is not correct. I suppose Missouri and Kentucky are rebel States within the meaning of this order.

Very respectfully, your obedient servant,

WM. S. PIERSON, Major Hoffman’s Battalion, Commanding.

P. S.-Forty prisoners arrived last evening from Henderson, KY.; among them are citizens [who] I think will have to be discharged under Orders, No. 193. The lieutenant of the guard says they are very bad men. I will send roll to-morrow.

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WAR DEPARTMENT, Washington, December 6, 1862.

The COMMANDANT OF FORT DELAWARE:

You will immediately release I. C. W. Powell, a prisoner, who is said to have been arrested at the same time with Judge Carmichael, and who is said to be now in Fort Delaware.

EDWIN M. STANTON.

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ATTORNEY-GENERAL’S OFFICE, Washington, December 6, 1862.

Hon. WILLIAM A. HALL, Member of Congress.

DEAR SIR: Your letter of yesterday in behalf of Henry Foot, of Randolph County, Mo., states that he stands indicted of both conspiracy and treason, and after stating some mitigating circumstances asks “that these prosecutions be discontinued.” Pardon me for suggesting {p.32} (for your further consideration) that the discontinuance or nolle prosequi of these indictments would leave the party still open to accusation upon the same grounds; whereas a pardon if the case be proper for one would leave him safe from future prosecution.

Very respectfully, your obedient servant,

EDWARD BATES.

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HEADQUARTERS DEPARTMENT OF THE OHIO, Cincinnati, Ohio, December 6, 1862.

Maj. Gen. W. S. ROSECRANS, Commanding Department of the Ohio.

GENERAL: I have the honor to acknowledge receipt of your letter of the 27th ultimo in regard to persons professing to be deserters from the rebel army returning to Kentucky. The instructions issued from these headquarters for the guidance of district commanders are to the effect that those persons who are for good reasons believed to be bona fide deserters from the rebels may be allowed to return to the State and there remain at liberty upon their taking the oath of allegiance and giving bond with reliable surety of its proper observance. Professed deserters or others to whom suspicion attaches to be arrested and sent to some place of security provided for the safe-keeping of political prisoners, Camp Chase being a convenient and proper place for such purpose.

I am, general, respectfully, your obedient servant,

H. G. WRIGHT, Major-General, Commanding Department.

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HDQRS. DEPT. OF MISSISSIPPI AND EAST LOUISIANA, Grenada, Miss., December 6, 1862.

Maj. Gen. U. S. GRANT, Commanding U. S. Forces, &c.

GENERAL: Your communication of 5th instant just received. The prisoners referred to I presume to be the sick who were necessarily left and stragglers from this army. The former if agreeable to you I would prefer should be kept in hospital until they can be sent for and proper receipts given. The latter as the roads are in bad condition and railroad bridges destroyed I would ask to be sent to Vicksburg, Miss., as is required by terms of the cartel.

I have some forty prisoners taken in action who will be sent to Vicksburg for exchange.

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

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

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OXFORD, MISS., December 6, 1862.

Brig. Gen. GRENVILLE M. DODGE, Corinth, Miss.:

The general commanding has communicated with the general commanding Confederate forces on the subject of army surgeons who are captured having the right to retain their horses and other private property, indicating his willingness to let them take with them when released everything that is necessary to enable them to perform their {p.33} vocations in the field, but has not yet received a reply, and until he does their horses and surgical instruments will be held, they having set the example in depriving our surgeons when captured of such property.

By order of Maj. Gen. U. S. Grant:

JNO. A. RAWLINS, Assistant Adjutant-General.

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HEADQUARTERS DEPARTMENT OF THE OHIO, Cincinnati, Ohio, December 6, 1862.

Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

COLONEL: Inclosed* is a letter from General John W. Finnell, adjutant-general of the State of Kentucky, in regard to exchange of prisoners, which letter is referred to you with request for advice at these headquarters upon the points in question, viz, can home guards or recruits for incomplete regiments, in service when captured though not mustered in, be duly exchanged as and for prisoners of war, and must they report in person at Camp Lew. Wallace before being entitled to exchange?

There are a great many paroled prisoners, stragglers, about the country who have never reported as required at Camp Lew. Wallace, some of them belonging to detachments of prisoners which have so reported and been exchanged.

Have such men been included in the recent exchange? If so they will readily come in and join their regiments. While their dislike to going to Camp Wallace is so great that they will manage to keep out of the way and avoid the authorities if reporting there is presented as the only alternative.

Asking early consideration and reply, respectfully, by command of Major-General Wright, commanding department,

J. M. RICE, Captain and Aide-de-Camp.

* Not found.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 6, 1862.

Maj. PETER ZINN, Commanding Camp Chase, Columbus, Ohio.

MAJOR: Your letter of the 1st instant is received and your action in the matter of the release from parole of W. H. H. Plummer by the military commander of Covington is approved. If the prisoner was to be discharged under the orders from the War Department it was your duty and not Colonel Sipes’ to carry out the order and his interference was unauthorized. Orders, No. 193, of November 22, from the War Department, require that two classes of prisoners shall be released and it is for you as the commander of the prison at Camp Chase to execute the order. The first paragraph refers to those who have discouraged enlistments or interfered with the draft in any State where the drafting has been completed (see paragraph I). If there are cases of this kind at Camp Chase you must ascertain from the Governor of the State where the offense was committed whether the draft has been completed before the prisoner can be released. The {p.34} second paragraph refers to prisoners who have been sent from Virginia, Kentucky, Tennessee and Missouri by the Governors or other military authorities charged with disloyal practices. The records in your office must decide the character of the offense and when prisoners are released you will require them to report to the provost-marshal at Wheeling, Louisville, Nashville or Saint Louis according to the State in which they reside, or to the military commander nearest to their homes.

The third paragraph points out the exceptions to be observed. In cases where you have any doubt it will be proper that you should consult with Judge S. Galloway.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third infantry, Commissary-General of Prisoners.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Port Monroe, December 6, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: The various applications for exchanges referred to me are reserved for my next interview with Mr. Ould, which will be as I have before mentioned as soon as I receive the rolls and papers relating to the captures of General Rosecrans. I will endeavor to arrange the release of three men whose equivalents cannot be found before the expiration of their parole and will inform you of the result. If I cannot they must of course return. Thomas McKay, William D. Bartlett and Benjamin Hicks were arrested by some of General Pope’s officers under circumstances detailed in a letter* a copy of which was furnished to me by Mr. Ould and which is inclosed. Will you please have these cases investigated and the men released if the facts are as stated in the letter of Mr. Jacobs? The Confederate authorities have frequently called my attention to these cases and I wish to give them a decided answer now.

I am, very respectfully, your obedient servant,

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

* Not found; but see Jacobs to Davis, Vol. IV, this Series, p. 873.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 6, 1862.

Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

COLONEL: In compliance with your instructions dated Washington, November 11, 1862, I on the 28th ultimo, having completed my duties at Alton, repaired immediately to Louisville, arriving there on Saturday, the 29th. I immediately conferred with Col. Henry Dent, Thirty-fourth Kentucky Volunteers, provost-marshal-general of Kentucky, and from him ascertained that all prisoners, both political and military, as soon as arrested within the State were forwarded to him at Louisville with such charges or explanations of their offenses as the nature of their arrests would require. Acting under instructions from the commanding officer of the department all minor cases were adjudicated by him and in every case his action had been submitted to the commanding officer for approval. All political prisoners against whom serious charges {p.35} were preferred were sent to Camp Chase, Ohio. All prisoners of war were forwarded via Cairo to Vicksburg for exchange.

On Sunday, the 30th, I inspected the prison, the main entrance to which is on Broadway, near Tenth street. The prison is a temporary one, erected on the inside of a square, three sides of which are formed by the quarters of the Thirty-fourth Regiment Kentucky Volunteers, which constitutes the guard of the prison. The prison quarters are temporary frame buildings, conveniently arranged, entirely separated from the quarters of the troops and inclosed by a high fence, which includes sufficient grounds for exercise. The guards were suitably posted and the prison was as secure as possible for a temporary one. It was under the command of Lieut. Col. L. H. Ferrell, Thirty-fourth Kentucky Volunteers. The capacity of the prison accommodations is about 300, but can be readily extended to 1,000 with but little expense. The food furnished the prisoners was ample for their subsistence and of the first quality. The cooking arrangements were excellent. The cooks were contrabands. The prison was crowded, containing over 300, but their general health was quite good. The police of the prison is good. The hospital is separate from the prison but is within the main inclosure. It is used by the guard and prisoners. It is under the charge of Asst. Surg. George W. Ronald, Thirty-fourth Kentucky Volunteers, and is superior in neatness and comfort to any I have yet visited. There is no reason why the regulations as contained in your circular of July 7 should not be enforced here, but the changes that daily occur will cause it to be difficult to maintain the division or company organization as directed in paragraph I of that circular. Paragraph XI will also require alteration. All other paragraphs may be strictly enforced. A prisoners’ fund may be accumulated here to great advantage to the Government. Although your regulations have not been enforced here everything in relation to the prison has been conducted with due regard to economy to carry out the intentions of the Government and to secure to the prisoners kind but firm treatment. The following releases and transfers have occurred since November 1 to November 24, inclusive, viz: 2,417 prisoners of war sent to Cairo, Ill.; 74 recent recruits from General Bragg’s army sent to Cairo, Ill.; 190 deserters from the rebel army, natives of England, Ireland and Scotland and claiming to belong to Northern States, discharged upon oath of allegiance; 186 deserters, recent recruits, who joined Bragg while in Kentucky, discharged on oath and bond; 30 political prisoners sent to Camp Chase; 50 political prisoners discharged on oath and bond; 2 political prisoners sent to Vicksburg for exchange. I inclose herewith a roll* of the prisoners confined at Louisville, which will explain their character. I also inclose herewith a letter from the provost-marshal-general.

Respectfully submitted.

H. W. FREEDLEY, Captain, Third U. S. Infty., Assistant to Com. Gen. of Prisoners.

* Omitted.

[Inclosure.]

HDQRS. PROVOST-MARSHAL-GENERAL OF KENTUCKY, Louisville, Ky., December 1, 1862.

Captain FREEDLEY.

SIR: In the short interview with you on yesterday you requested me to state in writing the various suggestions made on that occasion.

First. The duties of provost-marshal at this point are very onerous, as you will perceive by examination of prison report. Wherefore the {p.36} department of provost-marshal of this State is one of great labor, and every facility should be given to enable that officer to furnish the commissary-general with accurate information.

Second. If the department should wish me to continue those duties I would ask to be detached from my regiment, as the labor is so great I cannot perform it.

Third. There should be at least three clerks in this department to keep up the work. For the last sixteen months I have performed the labor myself with the assistance of one man, and he an ordinary clerk. I am broken down and I can perform it no longer without the above-named assistance.

Fourth. The provost-marshal’s department should be separate from that of the military and be required to report direct to the department at Washington in relation to everything connected with prisoners.

Fifth. Giving general supervision to the commanding officer of the district over said department.

Sixth. An order should be made giving the provost-marshal the power to permit such prisoners as are bare of clothing to be furnished with same by their friends or to be furnished by Government.

Seventh. All articles of contraband of war found with prisoners should be sold for the benefit of prison.

Eighth. Several slaves have been brought to the prison with their masters who were captured, said slaves having acted as cooks, &c. I should like to know what shall be done with them. If we turn them loose in Kentucky they are liable to be arrested by the civil authorities, placed in the county jail and sold for jail fees, and if individuals or corporations put them across the Ohio River they are liable for their value by civil proceeding. Our people protest against their being let loose in our midst.

Ninth. There is a divided sentiment in this State as to what disposition shall be made of deserters and what we term political prisoners. There are but few men arrested but what have friends among the Union people, who make strong appeals for their release. Some general rule on this subject would save us much trouble.

Respectfully,

HENRY DENT, Colonel and Provost-Marshal-General.

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HDQRS. MILITARY DISTRICT OF WASHINGTON, D. C., December 6, 1862.

WILLIAM P. WOOD, Superintendent Old Capitol Prison.

SIR: You will please forward as soon as possible a list of Union men released from the Salisbury Prison, N. C., by your intercession while you were there in your capacity as commissioner from the Military District of Columbia.

This list is necessary for the information of Colonel Hoffman, commissary-general of prisoners, in order that he may see the situation of the prisoners recently sent from Richmond, who instead of being treated as exchanged prisoners have been released on parole.

I wish the information to be such as to show Colonel Hoffman that the Southern Confederacy, so-called, repudiated a proper, legal and honorable exchange.

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

JOHN P. SHERBURNE, Assistant Adjutant-General.

{p.37}

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 7, 1862.

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

COLONEL: Much embarrassment and injury to the service is experienced from the practice which generally prevails of sending paroled Federal troops from the lines to interior camps without rolls of any kind or with very imperfect ones, and also of paroling rebel prisoners without making any report of the circumstances or furnishing any rolls. Recently a detachment of 200 or 300 paroled troops arrived at Camp Parole unaccompanied by rolls, and officers and men paroled by the enemy have straggled in from the Army of the Potomac and reported to me having nothing in writing to show their position. But partial rolls have yet reached this office of the rebels captured at Corinth and Iuka, and these are far from satisfactory. To remedy this evil I respectfully suggest that an order be issued immediately and widely circulated to all commanders requiring that in all cases where our troops are captured by the enemy and paroled the senior officer present shall cause to be prepared and forwarded to this office with as little delay as practicable a full list by regiments and companies of all so paroled, giving the rank, regiment and company of each person, the time and place of capture and the disposition made of them; also that like rolls shall be prepared and furnished to this office of all rebel prisoners captured by our forces.

When the circumstances are such that a roll cannot be immediately prepared a written report giving the number of officers and men, the time and place of capture and the disposition made of them shall be made, to be followed by the necessary rolls at the earliest practicable moment. I would suggest also that when rebel prisoners are sent to Vicksburg for exchange commanders be required to send duplicate rolls with them, one to remain with the agent who receives them and the other with his receipt upon it to be forwarded to the Adjutant-General marked for the commissary-general of prisoners.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

[Indorsement.]

ADJUTANT-GENERAL’S OFFICE, January 7, 1863.

Attention is respectfully invited to the subject of this letter and of the inclosed General Orders, No. 163.

By order of the Secretary of War:

E. D. TOWNSEND, Assistant Adjutant-General.

[Inclosure.]

GENERAL ORDERS, No. 163.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, October 22, 1862.

Whenever prisoners of war are released on parole and sent through the lines the officers who release them will immediately send rolls to the Adjutant-General of the Army containing an exact list of the prisoners’ names, rank, regiment, date and place of capture and date of release en parole. These rolls are indispensable in effecting exchanges of prisoners.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

{p.38}

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WAR DEPARTMENT, Washington, December 7, 1862.

Lieut. Col. WM. H. LUDLOW, Fort Monroe, Agent, &c.:

I am directed by the Secretary of War to say in answer to the interrogatory in your letter of the 4th instant that the reception by the Confederates of the women and children we sent cannot be reciprocated by the reception of those they send. If the Confederates refuse to receive them we can bring them back. If they advise you in time that they will not be received none will be forwarded. I have now a large number (150) of applications.

L. C. TURNER, Judge-Advocate.

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HEADQUARTERS PAROLED PRISONERS, Near Annapolis, Md., December 7, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners.

SIR: In obedience to your instructions of the 29th instant [ultimo] I have the honor to submit the following report:

After a thorough investigation of all the points spoken of in your letter I would respectfully refer you to the orders issued from these headquarters from time to time showing that the practices of which you spoke have been suppressed as far as I have had the power to do so.

So far as murder is concerned no official report has ever reached me; neither had I heard of any previous to the date of your letter, and and satisfied none ever occurred as shown by the accompanying report of the commandant of cavalry.

The whole trouble arises in my opinion from not having a sufficient guard-175 is the whole number of men and officers on guard duty. I have not only issued orders to the commandant of the guard but made the proper requisition on Col. John F. Staunton, Sixty-seventh Pennsylvania Volunteers, for a proper guard according to instructions from Major-General Wool, a copy of which is inclosed, together with the letters sent to Colonel Staunton and to which I received no reply.

The instructions to the guard which I inclose will show what steps have been taken to suppress drunkenness and the concomitant evils.

In relation to the murders reported to the Secretary of War I have found one of the men who made it, and his examination now pending has delayed this paper.

So far he has proved nothing and the testimony will be forwarded to you in a few days.

The condition of the camp is all I could desire and in accordance with your orders, except the deficiency in a guard to enforce them.

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

GEO. SANGSTER, Lieutenant-Colonel, Commanding Paroled Prisoners.

[Inclosure No. 1.]

CAMP PAROLED PRISONERS, Near Annapolis, Md., December 7, 1862.

Lieut. Col. GEORGE SANGSTER, Commanding Paroled Prisoners, near Annapolis, Md.

COLONEL: I have the honor to report that in accordance with Special Orders, No. 122, from your headquarters, dated December 7, 1862, I have personally superintended a thorough search of the woods and fields {p.39} adjacent to the camp and have discovered nothing which would warrant a suspicion of death by violence of any soldier or citizen. I respectfully beg leave to state further that since our arrival in your camp our men have daily scoured the whole country within a circuit of six miles from camp in search of straggling soldiers, and had any dead bodies been concealed within the extent of their search they could not have failed to discover them. No such discovery has been made.

My company has been on duty in this camp since October 6, 1862.

I am, very respectfully, your obedient servant,

HENRY L. CLAYTON, Lieut., Commanding Company B, Purnell [Legion] Cavalry.

[Inclosure No. 2.]

GENERAL ORDERS, No. 14.}

HEADQUARTERS PAROLED PRISONERS, Annapolis, Md., September 18, 1862.

I. The following order has been submitted to Major-General Wool. He approves and directs its enforcement. Refusal to obey by commissioned officers will result in arrest and be reported to headquarters of the Eighth Army Corps:

II. The general order of the day will be until further orders as follows: Reveille, 5 a.m.; breakfast, 6 a.m.; police, 7 a.m.; recall, 8.30 a.m.; surgeon’s call, 9 a.m.; dinner, 12 m.; police, 1 p.m.; recall, 2.30 p.m.; inspection of camp, 4.30 p.m.; battalion assembly for reading orders, 5 p.m.; surgeon’s call, 6 p.m.; supper, 6.30 p.m.; tattoo, 8.45 p. m.; taps, 9 p.m.

III. At all calls except breakfast, dinner and supper the commissioned officers will be present with their commands.

IV. The calls will be intimated by the bugle at headquarters when the bugles of the different battalions will take up the call.

V. Sunday morning inspection at 8 a.m., when a report of the condition of each command will be made to these headquarters.

By order of-

GEO. SANGSTER, Lieutenant-Colonel, Commanding Paroled Prisoners.

[Inclosure No. 3.]

GENERAL ORDERS, No. 24.}

HEADQUARTERS PAROLED PRISONERS, Near Annapolis, Md., December 4, 1862.

I. General passes will be given only to employés at headquarters, quartermaster’s, commissary and hospital departments, each of which will bear the same on its face. All other passes will be issued daily from headquarters bearing a stamp to be changed daily, and only one name shall be placed upon the same pass.

II. No wagon, cart or other vehicle will be permitted to pass within the lines without written permission from headquarters stating the purpose of the driver, whose name must appear on the same and which is not transferable.

III. No spirituous or malt liquors, wine or cider will be permitted in camp. If any such be found it will be confiscated and with the party or parties brought to these headquarters.

IV. The guards will permit neither teams nor individuals to pass in or out except at Post No. 1.

V. The health of the men and common cleanliness demand that no soldiers shall defecate on any part of the camp grounds other than the proper sinks for that purpose. If any soldier disobeys this order he {p.40} shall be immediately arrested, confined to the guard-house and his name sent to these headquarters.

VI. Any gambling, drunkenness or disorder noticed by the guard will be reported to the officer of the guard who will at once have the party or parties arrested and confined.

VII. The countersign will be given out at 6 p.m., after which no officer or soldier will be permitted to pass in or out of camp unless by proper authority from headquarters.

VIII. The officer commanding the troops guarding the camp will be held strictly responsible for the enforcement of the above orders.

By order of Lieut. Col. George Sangster:

A. P. SCHURTZ, Acting Adjutant.

[Inclosure No. 4.]

SPECIAL ORDERS, No. 40.}

HEADQUARTERS PAROLED PRISONERS, Annapolis, Md., September 18, 1862.

...

II. Pursuant to instructions received from headquarters Eighth Army Corps, dated September 16, 1862, the following order is promulgated:

The officers paroled are not exempt from taking care of the noncommissioned officers and privates, and are bound to perform all police duties and anything that may be necessary to the welfare and comfort of the paroled troops. Their duties would violate no obligations required by their paroles.

If any officer disobeys any order requiring the duties here mentioned he will be reported to these headquarters for dismissal from the service.

By order of-

GEO. SANGSTER, Lieutenant-Colonel, Commanding Paroled Prisoners.

[Inclosure No. 5.]

GENERAL ORDERS, No. 16.}

HEADQUARTERS PAROLED PRISONERS, Annapolis, Md., September 20, 1862.

I. Agreeable to the direction of Adjt. Gen. L. Thomas the following order is promulgated:

II. On and after September 21, 1862, commissioned officers and men will remain in camp and no passes will be given out to go to the city.

By order of Lieut. Col. George Sangster:

D. E. GREGORY, First Lieutenant and Adjutant.

[Enclosure No. 6.]

SPECIAL ORDERS, No. 127.}

HEADQUARTERS EIGHTH ARMY CORPS, Baltimore, Md., October 7, 1862.

...

V. Col. J. F. Staunton, commanding Sixty-seventh Pennsylvania Volunteers, at Annapolis, Md., will upon the proper requisition of Lieutenant-Colonel Sangster, Forty-seventh New York State Militia, furnish such guard as may be deemed necessary to enforce the paroled prisoners to keep their camp in such a state of thorough police as the regulations of the service require. The chief quartermaster of this army corps will fill promptly all requisitions for tools called [for] by the commanding officer of the paroled prisoners necessary to facilitate the carrying out of this order.

{p.41}

Lieutenant-Colonel Sangster will be held to strict accountability that hereafter no cause be found to complain of the condition of the camp at Annapolis.

By command of Major-General Wool:

SEPT. CARNCROSS, Acting Assistant Adjutant-General.

[Inclosure No. 7.]

HEADQUARTERS PAROLED PRISONERS, Near Annapolis, Md., October 21, 1862.

Col. J. F. STAUNTON, Comdg. Sixty-seventh Pennsylvania Vols., Annapolis, Md.

SIR: In accordance with instructions from Major-General Wool and Special Orders, No. 127, paragraph V, you will furnish such guards as is deemed necessary to guard and enforce the proper policing of my camp at all times.

I therefore make a requisition on you for 600 men to be here at all times, subject to my orders.

I am, sir, very respectfully,

GEO. SANGSTER, Lieutenant-Colonel, Commanding Paroled Prisoners.

[Inclosure No. 8.]

SPECIAL ORDERS, No. 79.}

HEADQUARTERS PAROLED PRISONERS, Near Annapolis, Md., October 25, 1862.

...

II. Major Day, commanding detachment of One hundred and thirty-first New York Volunteers, will at once take means to dislodge the men who occupy shanties along the line of tents who are known to be drinking and gambling against the rules and discipline of this camp.

If moral persuasion will not do the military force must be used.

By order of Lieut. Col. George Sangster:

A. P. SCHURTZ, [Acting] Adjutant.

[Inclosure No. 9.]

HEADQUARTERS PAROLED PRISONERS, Near Annapolis, Md., October 27, 1862.

Col. JOHN F. STAUNTON, Commanding Sixty-seventh Pennsylvania Volunteers.

SIR: The requisition for 600 men which I made on the 21st instant in accordance with instructions from headquarters Eighth Army Corps has not been complied with. Please explain why this has not been done.

Very respectfully, yours, &c.,

GEO. SANGSTER, Lieutenant-Colonel, Commanding Paroled Prisoners.

[Inclosure No. 10.]

HEADQUARTERS PAROLED PRISONERS, Near Annapolis, Md., October 28, 1862.

Col. JOHN F. STAUNTON, Commanding Sixty-seventh Pennsylvania Volunteers.

SIR: I would again respectfully call your attention to my requisition of October 21, 1862, and the letter of the 27th instant and solicit of {p.42} you a reply in writing whether you can furnish me the guard called for and needed.

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

GEO. SANGSTER, Lieutenant-Colonel, Commanding Paroled Prisoners.

[Inclosure No. 1.]

SPECIAL ORDERS, No. 84.}

HEADQUARTERS PAROLED PRISONERS, Near Annapolis, Md., October 30, 1862.

...

VI. The commanding officer is compelled to call the attention of battalion commanders to General Orders, No. 14, paragraph II, and direct that until further orders that portion ordering a battalion assembly each day at 5 p.m. is revoked, and hereafter there will be two roll-calls daily; one at 7 a.m., the other at 5.30 p.m., which will be superintended by a commissioned officer or reliable non-commissioned officer. There will be a battalion formation at 4 o’clock every p.m. for the purpose of reading orders.

The rolls of each company will be called in their respective streets, superintended by a commissioned officer, if any; if not then by the senior non-commissioned officer. The absentees will be noted and will be reported on the morning report of the next day as absent without authority and no rations shall be drawn or issued to them.

Commanders of companies will be held strictly responsible for the execution of this order, and if any soldier who has absented himself from the said roll-calls without time proper authority shall by neglect or otherwise receive his rations for the day immediately succeeding his absence the company commander shall be subjected to a court-martial if a commissioned officer, and if a non-commissioned officer have the money value of the rations deducted from his pay.

Commissioned officers absent from these formations without sufficient cause will be reported to headquarters Eighth Army Corps for disobedience of orders.

This order will be read at each battalion assembly for one week.

By order of George Sangster, lieutenant-colonel:

A. P. SCHURTZ, [Acting] Adjutant.

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WAR DEPARTMENT, Washington, December 8, 1862.

Hon. H. HAMLIN, President of the Senate.

SIR: In answer to the resolution of the Senate of the 3d instant requesting to be furnished with any information which may be in the possession of this Department “with reference to the sale into slavery of colored freemen captured or seized by the rebel forces,” and asking “what steps have been taken to redress this outrage upon human rights,” I have the honor to state that no information, official or otherwise, pertaining to the matter mentioned in the first branch of the resolution has been received by this Department, and that no action has therefore been taken by it upon the subject.

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

EDWIN M. STANTON, Secretary of War.

{p.43}

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WAR DEPARTMENT, Washington, December 8, 1862.

Maj. Gen. HORATIO G. WRIGHT, Commanding Department of the Ohio, Cincinnati, Ohio.

GENERAL: The Secretary of War directs me to transmit to you the inclosed copy* of a resolution adopted by the Senate on the 5th instant, and to instruct you to procure from General Boyle and from any officer in your command who has had or who has exercised the authority to make arrests within the State of Kentucky a list of the citizens of that State “who have been and who are now confined in the military prisons and camps of the United States outside of the limits of the said State, together with a statement of the charges against them, by whom made and by whose order the arrests were made.” You will also procure the like information from the commandants of military prisons within the limits of your department. It is important that the information should be transmitted to this Department at the earliest practicable moment.

Very respectfully, your obedient servant,

C. P. WOLCOTT, Assistant Secretary of War.

[Indorsement.]

HEADQUARTERS DEPARTMENT OF THE OHIO, Cincinnati, December 12, 1862.

Respectfully referred to Colonel Burbank, Second Infantry, and military commander, Cincinnati, Ohio, who will furnish to these headquarters at the earliest practicable moment a list and accompanying statement furnishing the information called for in the within letter from the War Department and the accompanying resolution of the Senate adopted on the 5th instant.

By command of Major-General Wright:

W. P. ANDERSON, Assistant Adjutant-General.

* Omitted here; see p. 27.

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HEADQUARTERS DEPARTMENT OF THE OHIO, Cincinnati, Ohio, December 8, 1862.

Brig. Gen. G. GRANGER, Commanding Army of Kentucky, Lexington, Ky.

GENERAL: I return herewith the letter* of Lieutenant-Colonel Sipes, military commander of Covington and Newport, dated the 1st instant, presenting the ease of Capt. T. M. Coombs, Fifth Regiment Kentucky Cavalry, in the Confederate Army, a paroled prisoner, bound to report himself as such within a specified time at Louisville to be sent to Vicksburg for exchange, and who was arrested before reporting on the charge of treason and confined in the Williamstown jail. Colonel Sipes deems this to be a case demanding the interposition of military authority for the release of the prisoner from jail and the restoration or his rights as a prisoner of war.

The Federal Government has so far recognized the belligerent rights of the so-called Confederate States as to enter into an agreement with the military authority of those States acknowledging the right of prisoners captured from them as prisoners of war and as entitled to exchange. So far then as the acts of an individual engaged in a military capacity in the enemy’s service are concerned he is not individually {p.44} responsible for them so long as they are not in violation of the laws of war, and no person not in the military service of the Federal Government has been held guilty of treason for taking service in the Confederate Army. Captain Coombs is not therefore liable to that charge unless he has committed some act other than that of entering the rebel ranks and performing the duties of a soldier, and you will make a demand upon the civil authorities for his delivery up to your custody as a prisoner of war. It appears that General Burbridge or some other officer gave permission to Captain Coombs to visit his family in Kentucky, granting him certain time within which he was to report at Louisville. This was wrong and no such indulgence should hereafter be granted.

Very respectfully, your obedient servant,

H. G. WRIGHT, Major-General, Commanding.

* Not found.

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HEADQUARTERS ARMY OF TENNESSEE, Murfreesborough, December 8, 1862.

Maj. Gen. W. S. ROSECRANS, Commanding U. S. Forces, Nashville, Tenn.

GENERAL: As an act of humanity I send to your lines under a flag a large number of prisoners captured by the forces under my command and paroled. It would be a great hardship to send them at this inclement season by the route to either place designated by our cartel for exchange. My inspector-general, Lieutenant-Colonel Beard, is charged to deliver them to you and accept your receipt.

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

BRAXTON BRAGG, General, Commanding.

–––

HEADQUARTERS ARMY OF TENNESSEE, Murfreesborough, December 8, 1862.

Maj. Gen. WILLIAM S. ROSECRANS, Commanding U. S. Forces, Nashville.

GENERAL: I am in receipt of your communication of the 4th instant* in reply to one from me calling your attention to the treatment of certain medical officers of my command and to the case of Private Kerchival. I am gratified to find that the officers who were concerned in the arrest of Doctors Hinkley and Divine were not of your command and that they were ultimately indebted to your advice for their release. The charge upon which they were imprisoned still seems to me inadequate to have warranted such severity. If they were guilty of misconduct the testimony of intoxicated men was insufficient to establish the fact, while the charge seems to have fallen to the ground upon investigation. Any abuse of the privileges of a parole if called to the attention of my Government will receive prompt attention. In reference to Private Kerchival I must respectfully insist that the statement of General Negley does not alter the aspects of the same. He admits the use of gross language to the prisoner, and when a general officer so far forgets himself as to bandy abusive epithets with a private while performing the duties of a subordinate he should not make his prisoner {p.45} because possessing spirit to resent an insult suffer for an offense to which his own conduct invited him. I shall look for the release of Private Kerchival at an early day with confident interest. With respect to matters of complaint indirectly communicated through General Negley’s letter they shall have prompt attention and correction as far as lie within my power.

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

BRAXTON BRAGG, General, Commanding.

* Not found.

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HEADQUARTERS TRANS-MISSISSIPPI DEPARTMENT, Little Rock, December 8, 1862.

Brig. Gen. FREDERICK STEELE, Commanding U. S. Forces at Helena.

GENERAL: Please find tabular statement marked A* containing the list of U. S. prisoners of war whom I have exchanged for Lieutenant-Colonel Giddings, Lieut. C. W. Carnes, 1 sergeant and 12 privates of the Twenty-first Texas Cavalry. Tabular statement marked B* which I also send you carefully prepared from papers on file, will explain the error of Colonel Ritter, U. S. Army, and also show the balance of prisoners due to the Confederate States in this department. From this balance must, however, be deducted any Confederate prisoners received by Lieutenant Stevenson. Robert Craig, a private of the Fifth Missouri Cavalry, having been taken a prisoner and paroled has been again taken prisoner by the forces under my command without any evidence of his having been exchanged. Will you please inform me if you have any record of his having been exchanged?

I am, very respectfully, your obedient servant,

TH. H. HOLMES, Major-General, Commanding Trans-Mississippi Department.

[First indorsement.]

HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, December 19, 1862.

Respectfully referred to the provost-marshal-general, who will state briefly the action of this department [in] sending prisoners immediately under the national cartel arrangement.

By order of Major-General Curtis:

H. Z. CURTIS, Assistant Adjutant-General.

[Second indorsement.]

OFFICE PROVOST-MARSHAL-GENERAL, December 30, 1862.

Respectfully returned to Major Curtis, assistant adjutant-general, with the information that: 1st. When prisoners come here from the armies of the department in the field and reported as prisoners of war they are forwarded to Cairo for shipment to Vicksburg as soon as rolls can be prepared and other arrangements made. 2d. The entire lists of prisoners are being examined, and whenever prisoners appear to be entitled to the rights of prisoners of war they are noted for shipment to Cairo as soon as any considerable number have accumulated. 3d. There are scores of prisoners who claim the rights of exchange who {p.46} are not entitled to them nor receive them, such as sly recruiting officers, C. S. Army, bushwhackers and guerrillas, men who have violated oath, &c.

N. B.-I have written to the commanding officer of the Fifth Missouri Cavalry inquiring concerning R. Craig.

F. A. DICK, Lieutenant-Colonel and Provost-Marshal-General.

[Third indorsement.]

HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, January 27, 1863.

Respectfully referred to Col. C. Bussey, commanding post, Helena, Ark., who will please ascertain concerning the private mentioned and reply by first flag of truce.

By order of Major-General Curtis:

H. Z. CURTIS, Assistant Adjutant-General.

[Fourth indorsement.]

HEADQUARTERS DISTRICT OF EASTERN ARKANSAS, Helena, January 31, 1863.

I have sent a communication explaining this to General Holmes, commanding the Confederate forces at Little Rock. Respectfully returned to the Department of the Missouri.

W. A. GORMAN, Brigadier-General, Commanding.

* Not found.

–––

OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 8, 1862.

Col. W. W. DUFFIELD, Ninth Michigan Volunteers, Detroit, Mich.

COLONEL: I have the honor to acknowledge the receipt of your letter of the 29th ultimo in relation to Lieutenant-Colonel Parkhurst, of your regiment, and in reply thereto to inform you that this officer was exchanged on the 10th ultimo for Lieut. Col. Emory F. Best, Twenty-third Georgia Regiment. Please communicate this fact to Lieutenant-Colonel Parkhurst in order that he may join his regiment without delay.

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

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

–––

OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 8, 1862.

Col. G. DE KORPONAY, Commanding Camp Banks, Alexandria, Va.

COLONEL: Send all exchanged [troops] at your camp to join their regiments with as little delay as practicable. Prepare as full rolls as possible, each regiment by itself, and furnish cooked rations for the journey. The men who belong to regiments serving in the West will {p.47} be sent under an officer to join a command belonging to the same regiments from Camp Parole at the Annapolis Junction on Thursday next, the 11th instant, by the 3 p.m. train. The officer will return from Baltimore unless he belongs to one of the regiments. The Quartermaster’s Department will furnish the necessary transportation.

By order of the General-in-Chief:

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

–––

OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 8, 1862.

Lieut. Col. GEORGE SANGSTER, Commanding Camp Parole, Annapolis, Md.

COLONEL: The exchanged troops at your camp belonging to regiments serving in and west of Virginia will leave to join their regiments by the evening train on Thursday next, the 11th instant. Send as full rolls with the detachment as possible, each regiment by itself; and furnish cooked rations for the journey. The exchanged men of these regiments at Camp Banks will be ordered to join this command at the Annapolis Junction and the commanding officer must be prepared to take charge of them. Direct him to distribute his command as follows, viz: At Wheeling, for General Wright’s department, First, Second, Fourth, Tenth Infantry, Eighth Cavalry and Second Artillery Regiments [West] Virginia Volunteers; and for General Cox’s command, Thirty-fourth, Thirty-seventh, Forty-second and Forty-seventh Ohio Infantry. At Camp Wallace, for General Wright’s department, the Twenty-third, Thirtieth and Eighty-third Regiments Ohio Infantry. At Nashville, for General Rosecrans’ army, Twenty-first and Twenty-fourth Regiments Ohio Infantry and Third and Fourth Regiments Ohio Cavalry; Tenth, Sixteenth, Twenty-second, Twenty-fourth, Twenty-seventh and Fifty-first Illinois Infantry; First, Second, Third, Fourth, Fifth and Sixth Regiments Tennessee Infantry and Second Regiment Tennessee Cavalry; Thirty-seventh Regiment Indiana Infantry, Eleventh Kentucky Infantry and First and Fourth Regiments Kentucky Cavalry. At Benton Barracks, for General Grant’s army, First Regiment Ohio Cavalry; Eleventh, Twelfth, Fifteenth, Twenty-eighth, Twenty-ninth, Thirtieth, Thirty-first and Fifty-eighth Illinois Infantry and Twelfth Illinois Cavalry; Seventh Regiment Tennessee Infantry; Third, Sixth, Seventh, Eighth, Twelfth, Fourteenth, Fifteenth, Sixteenth Regiments Iowa Infantry and Second Iowa Cavalry, and Eighteenth Regiment Missouri Infantry.

The Quartermaster’s Department will furnish the necessary transportation. Notify the quartermaster at Baltimore in season so that there may be no delay there.

Report immediately the regiments and the number of officers and enlisted men in each that will move under this order. The sick in hospital will not go.

By order of the General-in-Chief:

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

{p.48}

–––

OFFICE PROVOST-MARSHAL-GENERAL, Saint Louis, Mo., December 8, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: I have received your letter of the 4th. I was very much disappointed that the shipment of prisoners from Saint Louis to Alton spoken of by you was attended by untoward circumstances, and I am not surprised at the dissatisfaction expressed by you. I wish to explain the matter. I took charge of the provost-marshal’s office on the 5th of November. At that time the Gratiot Street Prison held about 800 prisoners. Its maximum number should not have exceeded 500. I found that the Myrtle Street Prison, capable of containing comfortably 100 prisoners, had been taken possession of by my predecessor but for want of some necessary repairs was not occupied. I had it made ready and removed 150 prisoners there from Gratiot Street, which by that time had over 1,000 prisoners. In a few days thereafter the number in Gratiot Street again ran up to about 1,100. About the middle of November sickness in Gratiot Street Prison began increasing at an alarming rate. The number sick about that time was over 100, and within a week it ran up to 235 so that a large number of sick and dying men were lying on the floors. Every morning men would be found dead on the floor in the common rooms who had received no attention because from the crowded condition of the rooms it was impossible with the ordinary hospital attendance. With this condition of things it was impossible to observe the ordinary police and sanitary regulations. The men could not be even taken out of doors, for the prison has no yard. Of the 150 well men removed to Myrtle Street 35 were taken sick within four days, the consequences of the infection at Gratiot Street-and with all this prisoners were coming in daily from the country at the rate of from 30 to 100 a day. Fearing that the worst consequences would result from keeping these men longer in Gratiot Street and ascertaining that there was abundant room in Alton for a large number I decided to remove several hundred of those whose cases would not probably be disposed of at an early day. Upon looking over the lists in this office it was reported to me that there were about 400 of that class and I notified Colonel Hoffman to expect about that number. But the actual number sent was 276, and the difference between that and the estimated number arose thus: Upon the lists were a large number who were found too sick to go. Some had died, some been discharged and two pages of names were duplicated. Had the books of this office been in proper condition such inaccuracy would not have existed, but for that I am not in fault for half my time has been occupied in overhauling the confused state of things found by me in this office. The day before the prisoners were to go the guard was provided and transportation engaged. It was found impossible to get a special boat and it was necessary to use the Alton packet. But the crowded and confused state of things at the prison, the unavoidable result of its overcrowded condition and the intermingling of the sick and the well created great delay in getting the prisoners out, and as a corrected list had to be made out to send with them the boat did not get off until nearly dark. This list ready to go with the prisoners unfortunately was left behind in the prison. Notwithstanding the hour was so late, the prisoners being out and ready, it would have been worse to turn them back than to go forward. Since then, last Saturday I sent 237 additional prisoners from Gratiot Street Prison to Alton and the number now at Gratiot Street is about 570. {p.49} On to-day the quartermaster has begun making most important and necessary repairs and improvements in the Gratiot Street Prison, and when completed it will be comfortable and can be kept clean. To send off the last body of prisoners arrangements were made to start the boat by 11 a.m. It did not start until I, and was so impeded by the ice that it did not arrive at Alton until dark. But for the ice the boat could have arrived before 4 o’clock. In no case will any effort be wanting to have things so arranged that prisoners sent from here to Alton will hereafter arrive in the day, and invariably will full rolls be sent. But the prisoners that were sent by me were men who had been captured as guerrillas in Missouri and the only rolls of them ever sent to this office contain merely their names and by whom captured, with the remark that they were to be imprisoned. Having at an early day made myself familiar with your instructions I have carefully followed them and not deviated from them in a single instance that I know of. You said that prisoners might be sent to Alton; if impracticable to keep them here until their cases were disposed of. The foregoing facts show that the case provided for by you existed, and I wrote to Colonel Hildebrand that these prisoners’ cases had not been disposed of by me so that he might keep them distinct from others. I have confined my releases from the Alton Prison strictly to those authorized to be released by me in your letter of 29th of October. Beyond that I have not given an order relating to a prisoner at Alton. I was told to-day that General Grant had lately ordered prisoners there to be released, and perhaps you may have supposed that releases made if any were upon orders from this office. I have not given a solitary pass or permit to visit the Alton Prison, it being forbidden in your letter of October 29. You state:

It is reported to me that great inconvenience is experienced by the daily calls for the release of prisoners made from your office.

The releases which I have ordered have been strictly within your instructions. I nowhere find in them directions as to the time when I shall make the orders. The releases that I have ordered were of prisoners who were there when I became provost-marshal. As I have reached their cases and ascertained that the charges against them were unfounded I have sent up the orders for the release, for I have considered that after it is determined that a man should be discharged he ought at once to be released; and as it is an expense to the Government to subsist him the sooner that stops the better. I think there must be some misapprehension as to the inconvenience from this cause, for it will less interfere with the prison routine to release the men gradually than in large bodies. Upon the closing sentence of your letter I remark I regret that you have the impression that I have not confined myself within the orders of the War Department and your instructions relating to the Alton Prison. At all times it will give me great satisfaction to have you point out any misconstruction of mine of the orders and regulations made, and I assure you that any mistake that I may make will not be intentional and when pointed out will not occur again. In a late letter I stated that “a large number of my prisoners are men captured in Missouri in bands, and a part of them sworn into the Confederate service by recruiting officers from the rebels who had reached the northern part of the State,” and I asked if these men are to be sent forward to be exchanged. My impression is that a large number of irregular prisoners, such as men captured in small bodies without organization, and also disloyal citizens who would have joined the Confederate Army if they could have reached it, have been sent forward {p.50} from Johnson’s Island and Alton to Cairo to be exchanged. If such prisoners are to be sent forward I believe that amongst those in my custody will be found a large number who will gladly go South. I ask an early reply to this inquiry that I may send such men off at once and in that way relieve our overcrowded prisons.

Inclosed are copies of two letters* sent to Colonel Hildebrand.

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

F. A. DICK, Lieut. Col. and Provost-Marshal-General, Dept. of the Missouri.

* For Dick to Hildebrand, November 27, see Vol. IV, this Series, p. 762.

[Inclosure.]

OFFICE PROVOST-MARSHAL-GENERAL, Saint Louis, Mo., November 29, 1862.

Col. J. HILDEBRAND, Commanding Alton Military Prison.

COLONEL: The necessity for removing a considerable number of the prisoners from Gratiot Street Prison was pressing for the reason stated in my letter of the 27th. A large list of prisoners was made out in this office by the clerk who has always had charge of that kind of work from the rolls sent to this office by General Merrill. In the pressure of business time was not taken to call off the prisoners by the list to ascertain if they agreed with it. In making up the list from different rolls done by different clerks it happened that two pages of it were duplicated. Upon calling upon the prisoners to go it was found that a few of them had been released, a considerable number were dead and a large number too sick to be moved. For these reasons the number actually sent, 276, fell short of the number I expected to send. Had the records of my office been in proper condition those discharged would have been so entered and could due time have been taken before hand to ascertain the state of health of the men the sick would not have been entered upon the list. All such irregularities are being corrected as rapidly as possible but order cannot be brought out of confusion instantaneously. What made the matter appear worse the officer in command of the guard left at the prison the rolls of the prisoners actually sent. This will be sent to you at once.

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

F. A. DICK, Lieut. Col. and Provost-Marshal-General, Dept. of the Missouri.

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FORT DELAWARE, December 8, 1862.

Col. WILLIAM D. WHIPPLE, Assistant Adjutant-General, Eighth Army Corps.

SIR: Will you please instruct me as soon as convenient whether the paroled prisoners, numbering about 550 enlisted men of the U. S. service now at this post, are to be forwarded by me without further orders in the case than is embraced in General Orders, No. 191, from Adjutant-General’s Office, Washington, to any other post or camp for return to their regiments. Provision first of general order referred to covers the case of all the paroled prisoners at this post; that is they are captured and paroled in Virginia and Maryland previous to November 1, 1862, and were delivered at Aiken’s Lauding prior to November 11, 1862, but in the after enumeration no mention is made of this post or {p.51} the department to which it belongs. If they are to be sent away at once will you please indicate to what point I shall forward them.

I am, very respectfully, your obedient servant,

D. D. PERKINS, Lieutenant-Colonel, Commanding Post.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 8, 1862.

Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

COLONEL: In addition to my report of the 6th instant I have the honor to submit the following statement in relation to the disposal of rebel prisoners captured in Kentucky so as to fully inform you of their character and so that you may be enabled to give proper directions for their treatment and disposal. By reference to my former report you will find the prisoners are classed as follows, viz: First, prisoners of war; second, political prisoners; third, rebel deserters; fourth, rebel recruits. It is regarding that class of prisoners termed rebel recruits and deserters that I wish to call your particular attention. These prisoners are men who have joined the rebel army while in Kentucky; many of them are persons of extreme youth almost incapable of bearing arms who have by means of false inducements been led to join the army. Residing in that portion of Kentucky recently occupied by Bragg’s army they have been made to believe that its occupancy by that army would be permanent. These men have served in the rebel army from a few days to six weeks, and after finding it impossible for the rebels to hold that portion of the State and that they were woefully disappointed in their expectations of the service some have deserted and gone to their homes; others have voluntarily surrendered themselves to the Federal authorities; others have permitted themselves to be captured, while all are tired and disgusted with the rebel service and desirous of returning to their homes, taking the oath of allegiance and becoming loyal citizens. Some of these prisoners are young men of wealth and position. Some are the sons of gentlemen of undoubted loyalty, and there are but few among them who have not friends or relatives among gentlemen of the highest respectability and occupying influential positions in the State. These gentlemen who have the interest of the country at heart are desirous that these prisoners should be leniently treated, and hope that the bitter lesson they have already received has taught them the duties of loyal citizens. They also represent that the effect of this lenient treatment in the present condition of Kentucky will be most beneficial. If on the contrary they are sent to the rebel army and exchanged it will only add so many more desperate men to fight against the country; will make Kentucky a recruiting field for the rebels, and will so much contribute to increase the domestic distress already existing in that State. Again it is represented that the Kentucky regiments in the rebel army when they were forced to leave the State were much disaffected and demoralized. This is so represented by deserters and others, who state if Kentuckians in that army were at all assured that they could return to their homes, take the oath of allegiance, become loyal citizens and be permitted to remain unmolested by the Federal authorities nearly the whole number not obligated by oath to remain would return to their homes and {p.52} allegiance. The Union people of Louisville are intensely Union in all their sentiments, uncompromisingly hostile and excessively bitter against all who are opposed to them in opinion. While they can look with some degree of leniency upon deluded Kentuckians they view with suspicion every act of kindness shown to rebel prisoners, even when this act is demanded by humanity.

These representations have been made to me by the provost-marshal-general of Kentucky, who requested that they be informally presented to you so that he might receive the proper instructions to guide him in his official duties. The commanding officer at Louisville has also requested definite instructions on all matters relative to the care, treatment and disposal of the different classes of prisoners.

Very respectfully, your obedient servant,

II. W. FREEDLEY, Capt., Third Infty., Assistant to Commissary-General of Prisoners.

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ALTON MILITARY PRISON, December 8, 1862.

Col. F. A. DICK, Provost-Marshal-General.

SIR: In answer to the note of your clerk of the 5th instant inquiring for prison regulations I have the honor to submit the following as our system of management: The business of the prison is done by the following officers under the direction of the commanding officer: 1 prison adjutant, 1 prison provost and 5 clerks and sergeants. The duty of the adjutant is to keep a correct record of all prisoners received, transferred, died, and make the monthly return; receive all money and valuables belonging to the prisoners. The adjutant is allowed three clerks; one who assists in keeping the records of the office, one who examines all mail matter passing to and from the prisoners and one who makes out the morning reports. The prison provost has charge of the prisoners, yard, cells, superintends the calling of the prison-roll, the policing, and is directly responsible for the correctness of the morning ward reports. He draws the rations, receives all packages passing through to the prisoners, &c. He has two clerks, one who examines all packages received by the provost and has charge of the police force, and one who calls the ward rolls and reports all changes to the adjutant. The prison provost draws and issues all clothing to the prisoners. There is connected with the prison a sutler who furnishes the prisoners with various articles, taking orders on the adjutant. We have the prisoners divided in wards, calling the roll twice a day, and all changes immediately reported. The hospital steward is required to report all changes daily.

I am, colonel, respectfully, your obedient servant,

I. B. KINKEAD, Captain and Prison Adjutant.

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HEADQUARTERS ARMY OF SOUTHEAST MISSOURI, Patterson, Mo., December 9, 1862.

Brig. Gen. M. JEFF. THOMPSON, Holcomb’s Island.

GENERAL: Your communication of November 29 was received at my camp during my absence. I take the earliest opportunity on my return to reply.

{p.53}

I do not agree with you that the enrolled militia of the State are subject to capture and exchange unless embodied and in active service, which the men whom you send me were not.

Order No. 21, enrolling the militia of the State, provides that those who enroll themselves as Southern sympathizers shall not be molested if engaged at home in the peaceful pursuit of their domestic duties. I think the same should be held by you of our militiamen.

Colonel Pheelan before leaving my camp released, I learn by his order, some of the men whose names appear on your list.

Reciprocating the hope that the war on this side of the Mississippi may be carried on hereafter more in accordance with the rules of civilized warfare,

I remain, sir, your most obedient servant,

J. W. DAVIDSON, Brigadier-General.

P. S.-Your communication will be referred to my department commander for further decision.

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INSTRUCTIONS.]

HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., December 9, 1862.

Capt. JOHN E. MULFORD, Charge of Flag-of-Truce Boat:

No communication or intercourse whatever with time enemy will be allowed to any persons on flag-of-truce boats other than such as is necessary to accomplish time objects of the flag. The officer in command of the flag of truce will see that these instructions are rigidly enforced.

By command of Major-General Dix:

D. T. VAN BUREN, Assistant Adjutant-General.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 9, 1862.

Hon. E. M. STANTON, Secretary of War, Washington.

SIR: I desire very respectfully to lay the following case reported to me by Lieut. Col. F. A. Dick, provost marshal general at Saint Louis, before the Secretary of War for his decision:

J. J. Clarkson, of Dade County, Mo., is held a prisoner in jail of said county upon an indictment found against him in the U. S. court under the late act of Congress for serving in the rebel army. He served at the battle of Lexington under a State commission, and subsequently served in time Confederate Army as a colonel, where he was constantly recognized as such by Generals Van Dorn and Hindman under whom he served, though he was never formally commissioned. In March, 1862, he raised six companies of cavalry for the war, and a majority of the regiment he commanded when captured were from Arkansas. He was held as a prisoner of war from July till October, when under the indictment he was delivered to the U. S. marshal and put in jail. The provost-marshal-general asks:

First. Do the facts presented entitle Clarkson to be considered as a colonel of the Confederate Army and to be exchanged as provided for in the cartel?

Second. If recognized as a colonel of the C. S. Army how is he to be taken out of the hands of the U. S. marshal that he may be exchanged?

{p.54}

The court does not sit till April, 1863.

I would respectfully suggest that as the case is presented by Colonel Dick there can be little doubt that he should be recognized as a colonel in the rebel army, and there is no room for question that the rebels should receive him in exchange for a colonel of our army.

The second question is a legal one and it is not proper that I should suggest a reply if I could.

Colonel Dick has in his possession prisoners of war against whom indictments have been found in the U. S. court. They have been demanded of him by the U. S. marshal and he desires to be instructed as to the course which he should pursue. By the cartel these men can claim to be sent to Vicksburg and paroled or exchanged.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 9, 1862.

Lieutenant-Colonel DOSTER, Provost-Marshal, Washington City.

COLONEL: At the instance of Lieutenant-Colonel Ludlow, agent for exchange of prisoners, I have the honor to request that Henry A. Ball, reported to be held as a spy in this city, may be released upon parole to report to Lieutenant-Colonel Ludlow, at Fort Monroe, Va. It is demanded under the cartel.

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

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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WASHINGTON, December 9, 1862.

Lieut. Col. F. A. DICK, Provost-Marshal-General:

Release no more prisoners of war on their taking the oath of allegiance. Will answer your letter of 3d instant by mail.

W. HOFFMAN, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 9, 1862.

Lieut. Col. W. H. LUDLOW, Agent for Exchange of Prisoners, Fort Monroe, Va.

COLONEL: I inclose herewith a number of applications for exchange together with some original rolls.

Many Union men from border States are held in a most shameful condition in the rebel prisons, and I am sure you will spare no efforts to secure their speedy parole and exchange. The names I send to you have come to me from various sources, and I shall perhaps be able to send you a more complete roll in a few days from Major Wood, superintendent of the Old Capitol Prison.

I have again telegraphed to General Grant for rolls of captures made by Rosecrans and have asked that a duplicate set be sent. It is probable they have gone to Vicksburg and will be forwarded from thence {p.55} with the receipt of the Confederate agent. Three thousand eight hundred and sixty-five prisoners of war have been sent from Alton, Sandusky, Camp Chase and Louisville to Vicksburg, and for these receipts will be returned from Vicksburg.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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HEADQUARTERS ARMY OF SOUTHEAST MISSOURI, Patterson, Mo., December 9, 1862.

Colonel HARDING, Commanding Post, Patterson, Mo.

COLONEL: Accompanying please find letter to General Thompson and safeguard for officers bearing the flag of truce. The prisoners brought in by them should be restored to their custody until further action by the authorities at headquarters Department of the Missouri.

Very respectfully, your obedient servant,

HENRY C. FILLEBROWN, Assistant Adjutant-General.

[Indorsement.]

HEADQUARTERS POST, December 9, 1862.

Capt. W. T. THOMPSON.

SIR: Please lead the within and send me word whether you wish to take your prisoners back or to parole them. We must get them off our hands until the questions arising shall be determined. I will either deliver them to you or send them for parole, as you think best.

Very respectfully, &c.,

CHESTER HARDING, JR., Colonel, Commanding Post, Patterson, Mo.

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JUDGE MAXWELL’S, December 9, 1862.

Col. CHESTER HARDING, U. S. Army, Commanding Post, Patterson, Mo.

COLONEL: The prisoners were put upon parole before leaving our headquarters and were only brought along by me to expedite and facilitate the exchange in case it could be effected. They can be released upon your reminding them of the fact. Have you a desire that we should return upon any particular route? If you have not we would prefer going through Greenville and Bloomfield, as it saves us a long stretch of swamp.

Yours, most respectfully,

W. T. THOMPSON, Aide-de-Camp to Brigadier-General Thompson, C. S. Army.

[Indorsement.]

HEADQUARTERS POST, December 9, 1862.

Capt. W. T. THOMPSON, C. S. Army, Judge Maxwell’s House.

CAPTAIN: You are at liberty to take the Greenville and Bloomfield route on the condition that you do not reveal anything in regard to the {p.56} position, numbers, &c., of the U. S. troops that you may meet or pass on the road.

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

CHESTER HARDING, JR., Colonel, Commanding Post, Patterson, Mo.

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HEADQUARTERS MILITARY DISTRICT OF WASHINGTON, December 9, 1862.

Brigadier-General MARTINDALE, Military Governor of Washington.

GENERAL: I have the honor to state that in the course of investigation of prisoners at the Old Capitol Prison for the past two months I have found a great many prisoners of State whose only objection to taking the oath of allegiance to the United States being apparently that their property and families were beyond the lines of the U. S. forces, and such a course on their part would only subject them to arrest and incarceration by the Confederate authority and their property by the existing laws of the Confederate Government to confiscation.

As the policy of the United States Government is and has been to allow persons freedom of opinion and speech and not to make arrests on account of proclivities or sympathies with the Southern Confederacy, I would earnestly suggest that the next commission on the part of the United States for the exchange of civilian prisoners be instructed to confer with the Confederate authorities with the view of preventing the arrest by either Government of any person or persons for their sympathies or loyalty to either section, and that such arrests shall not be made unless some overt act has been committed.

By such a course we would soon have a large number of loyal and avowed Unionists in the seceding States, the number increasing as their confidence increased, and this confidence extending through the several Southern States now partially occupied by the U. S. forces. Such a course could not fail to be of incalculable value to the Government and its interests.

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

JOHN P. SHERBURNE, Assistant Adjutant-General.

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DEPARTMENT OF STATE, Washington, December 10, 1862.

Hon. EDWIN M. STANTON, Secretary of War.

SIR: Mr. Mercier, the minister from France, has submitted to me a correspondence which has taken place between Major-General Butler and Admiral Reynaud* in regard to the case of Mr. Le More, said to be a French subject, whom the general has caused to be confined in Fort Pickens at hard labor with a ball and chain attached to his leg. Mr. Le More is charged by Major-General Butler with having been engaged in supplying the insurgents with stores and with contumacy in refusing to submit to an examination and to produce papers. But Major-General Butler has promised the admiral that the accused shall have a military trial.

{p.57}

Having taken the instructions of the President I have to request that instructions maybe given to Major-General Butler or to whomsoever may be in command at New Orleans that those additions to the confinement be removed, that he be released from labor and from the ball and chain.

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

WILLIAM H. SEWARD.

* See Butler to Seward, November 29, Vol. IV, this Series, p. 767.

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HDQRS. DEPT. OF MISSISSIPPI AND EAST LOUISIANA, Jackson, Miss., December 10, 1862.

Maj. Gen. U. S. GRANT, Comdg. U. S. Forces, West Tennessee, &c.

GENERAL: I am credibly informed that Lieutenant-Colonel Hedgpeth, Sixth Missouri Infantry, C. S. Army, who was severely wounded in the engagement near Corinth, is now at the Overton Hospital, Memphis, subjected to unusually hard treatment-his parole, watch, and money taken from him. If this statement is correct I respectfully request that you will inform me of the reasons why the privileges assured by the cartel for the exchange of prisoners are denied in Colonel Hedgpeth’s case, and further request that he be either paroled at once or sent to Vicksburg for exchange by the first opportunity.

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

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

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MURFREESBOROUGH, December 10, 1862.

General BRAGG.

SIR: Some months since Hon. A. J. Marchbanks, of Warren County, was arrested by the Federals and sent to Camp Chase, where he has been confined up to this time as a political prisoner. At the time of his arrest he was one of the circuit judges of the State, but his official term has expired since that time. He is a quiet and most excellent citizen, firm and unwavering in his devotion to the Confederate cause, but modest, quiet, and unobtrusive. About a month since Doctor Charlton (of the neighborhood of La Vergne), a Union man, was arrested by General Forrest and sent to this place. At my instance the commandant of the post, Captain O’Harra, and Doctor Charlton each wrote to the Federal authorities at Nashville proposing to exchange Charlton for Judge Marchbanks, but I have not been able to hear anything in answer to this proposition up to this time, and address you for the purpose of asking that you correspond with General Rosecrans upon the subject and, if possible, secure the release of Judge Marchbanks.

Respectfully,

ISHAM G. HARRIS.

[First indorsement.]

HEADQUARTERS DEPARTMENT No. 2, Murfreesborough, Tenn., December 14, 1862.

Referred to Maj. Gen. W. S. Rosecrans, who will no doubt promptly secure the release of this citizen under our recent agreement.

BRAXTON BRAGG, General, Commanding.

[Second indorsement.]

HDQRS. DEPARTMENT OF THE CUMBERLAND, Nashville, December 16, 1862.

Respectfully referred to His Excellency Governor Johnson, who may know something about this case.

By command of General Rosecrans:

J. P. GARESCHÉ, Assistant Adjutant-General, Chief of Staff.

{p.58}

[Third indorsement.]

EXECUTIVE OFFICE, Nashville, Tenn., December 16, 1862.

Respectfully returned.

There has been no correspondence with this office on the subject of an exchange of Judge Marchbanks for Doctor Charlton. On the 5th instant Rev, C. D. Elliott, a political prisoner, was paroled for twenty days from that date to effect an exchange for Dr. James Charlton, of La Vergne, a political prisoner held by the Confederates, as set forth in the pass beyond our lines furnished Mr. E. by the provost-marshal-general. I have not as yet been advised as to the result of Mr. Elliott’s efforts to effect said exchange.

Judge Marchbanks is held as a political prisoner at Camp Chase, as stated within.

ANDREW JOHNSON, Military Governor

[Fourth indorsement.]

HDQRS. DEPARTMENT OF THE CUMBERLAND, Nashville, December 17, 1862.

Respectfully forwarded to time Adjutant-General.

W. S. ROSECRANS, Major-General, Commanding Department.

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SAINT LOUIS, December 10, 1862.

Col. J. HILDEBRAND, Commanding Alton Military Prison.

COLONEL: Will you find out the facts of the arrest of W. H. Hawkins, Twenty-second Tennessee Volunteers, and report at once to this office all the facts in the case? This man has been the subject of a demand by General Bragg through a letter forwarded to General Curtis by General Wright, from Cincinnati. It is important to know of him at once. He is said to have gone in with flag of truce and been improperly retained and to be now at Alton.

I am, colonel, very respectfully,

F. A. DICK, Lieutenant-Colonel and Provost-Marshal-General.

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HEADQUARTERS PAROLED PRISONERS, Near Annapolis, Md., December 10, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners.

SIR: I have the honor to report the result of the examination of the men in camp who complained to the Secretary of War of murders being committed in camp which I spoke of in my letter to you of 7th instant. The men ordered away will leave here at 3 p.m. to-morrow and I will send you the rolls complete by the next mail. There are about 300 men going.

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

GEO. SANGSTER, Lieut. Col. 47th N. Y. S. Al., Commanding Paroled Prisoners.

[Inclosure.]

Statement of Private M. Shaw, Company D, Forty-fourth New York Volunteers, December 7, 1862.

Question. Do you know of any murder being committed in or about this camp?

Answer. No.

{p.59}

Question. Have you any reliable information of any murder being committed in or about this camp?

Answer. I think I have.

Question. Of what does your information consist?

Answer. Of reports.

Question. Give a report of one murder.

Answer. The report of Prentiss S. Frink, of Company D, Forty-fourth New York Volunteers, that he was informed at the hospital of the burial of a man who died from the effects of injuries received in camp.

Question. Do you know the name of the person murdered?

Answer. No.

Question. Was it a man or a boy?

Answer. I don’t know. I suppose it was a man.

Question. What reason have you [to suppose] that it was a man?

Answer. I have no reason only that there are very few boys that stay in camp nights.

Question. Do you know who the parties were who committed the offense?

Answer. No.

Question. Was the act committed inside the chain of sentinels or outside?

Answer. Reported to have been inside.

Question. Who reported it to be within the chain of sentinels?

Answer. Corpl. A. J. Hurd, Company A, Forty-fourth New York Volunteers, and W. E. Chineworth, First Maryland Cavalry.

Question. At what particular part of the camp was the offense committed?

Answer. In front of the tent of A. J. Hurd.

Question. Did Hurd or Chineworth say that they saw the murder committed?

Answer. No.

Question. Did they say they saw the body of the person murdered?

Answer. Yes; Chineworth said so.

Question. Did either Hurd or Chineworth say they saw the persons that committed the deed?

Answer. They did not.

Question. How did Hurd know that a murder had been committed in front of his tent?

Answer. I don’t know.

Question. When did they tell you this murder had been committed?

Answer. Some time the latter part of October or the first part of November, perhaps.

Question. Why do you think it was about that time?

Answer. Because I think it was about that time.

Question. Did you ever attempt to ferret out the murderers?

Answer. I did not.

{p.60}

Question. Do you know or have you heard of any other murder having been committed in or about this camp?

Answer. I have heard it remarked that there have been several murders committed.

Question. Who have you heard make these remarks?

Answer. Sergt. James O’Neil, Company B, Ninth Massachusetts Volunteers; Josiah M. Darrel, Company E, Twentieth Massachusetts Volunteers; James N. Lynch, Company F, Fortieth New York Volunteers, and Harry Wilson, Company B, Fortieth New York Volunteers.

Question. What information did you receive from these men?

Answer. I got no information except the talk.

Question. Have you ever heard anything in reference to the several murders of which you speak except vague and indefinite reports?

Answer. No.

Question. Do you know of any gambling being carried on in this camp?

Answer. Yes.

Question. Can you give me the names of the party or parties engaged in gambling?

Answer. Yes, W. E. Chineworth.

Question. Was Chineworth engaged as the dealer or bettor?

Answer. I supposed he was the one that owned the bank.

Question. Did you ever gamble yourself?

Answer. No.

Question. What kind of a game was Chineworth playing?

Answer. I don’t know the name of the game but it was with dice.

Question. How often did you see Chineworth playing?

Answer. I saw him several times.

Question. When you say several times, do you mean several times in one day or several times in several days?

Answer. Several times in several days.

Question. Do you know of any one else engaged in gambling?

Answer. I do not know the name of any one else.

Question. Did you ever see Prentiss S. Frink gambling?

Answer. No. I have seen Frink standing by Chineworth but did not know whether there was gambling going on or not.

Question. What were the actions of Chineworth when you saw him gambling?

Answer. He was rattling dice.

Question. Did you see any money on the table?

Answer. I saw money and checks.

Question. Do you know how much capital Chineworth had invested in this business?

Answer. No; I do not.

Question. Did you ever report Chineworth as having gambled to any officer?

Answer. No.

{p.61}

Question. Did you report Chineworth’s gambling to anybody?

Answer. I have spoken of it to his chum, A. J. Hard.

Question. When you knew that the offense of gambling-violating the regulations of the U. S. Army-was being committed why did you not as a good soldier report the same to these headquarters?

Answer. Because I supposed the fact of their gambling was known at these headquarters and that they had the power to break it up if they felt so disposed.

Question. Why did you suppose the fact was known at these headquarters?

Answer. Because it is so open, so universal and so near these headquarters I supposed all must know it who wished to.

Question. How near these headquarters was the nearest gambling you know of?

Answer. As near as I can estimate, 100 yards.

Question. Who kept the table you estimate as 100 yards from here?

Answer. I do not know.

Question. Was the table in the front or in the rear of this camp?

Answer. In the rear.

Question. In the rear of what battalion was this table?

Answer. In the rear of the Third Battalion.

Question. What kind of a game was played at this table?

Answer. I do not know the name of the game. I saw cards and dice.

Question. Did you see any money bet?

Answer. I have seen money on the table.

Question. Was this carried on in the open air or in a booth or tent?

Answer. In the open air.

Question. Did you ever see the guard of this camp attempt to suppress this gambling?

Answer. I saw the guard endeavoring to do so last Sunday, the second time they came around.

Question. Did you ever see any officer or officers of the guard endeavoring to break this gambling up?

Answer. Only this time that I have mentioned that I recollect.

Question. Can you stand in front of these headquarters and see the place where the table stood that you estimate as being 100 yards from headquarters?

Answer. I think not.

Question. Have you seen any liquor sold in this camp?

Answer. I have, to the best of my knowledge.

Question. Why did you think it was liquor?

Answer. It looked like it; its being dealt out of a canteen and their taking pay for it led me to suppose it was liquor.

Question. Who did you see selling liquor?

Answer. I tried to ascertain his name but could not.

Question. How many men did you see selling liquor?

Answer. I have seen two.

{p.62}

Question. What was their modus operandi?

Answer. They carried canteens and glasses with them.

Question. Had they a fixed position or were they moving?

Answer. Moving.

Question. Can you give me any information upon which I can arrest some of these individuals?

Answer. I can.

Question. Will you do it?

Answer. I will.

Statement of Prentiss S. Frink, Company D, Forty-fourth New York Volunteers, December 7, 1862.

Question. Do you know of any murders being committed in or about this camp?

Answer. No.

Question. Have you any reliable information of any murder being committed in or about this camp?

Answer. Nothing only what I have heard.

Question. Did you ever tell M. Shaw that there had been murder committed in this camp?

Answer. I told Shaw I had been told so by others.

Question. Who told you there had been a murder committed?

Answer. There were two men came into our booth last Sunday to buy some stationery and they said that there had been two men murdered in this camp. One had his throat cut and the other had his head mashed in with a club.

Question. Have you heard of any other murder?

Answer. While I was in the hospital a man who said he was a steward told me that one man had died from the effects of his wounds received by being kicked and knocked about the camp.

Question. In either of the cases of which you spoke have you any personal knowledge?

Answer. No.

Question. Do I understand you to say that all the knowledge you have of this affair is from mere camp rumors?

Answer. All I know is what others told me.

Question. At what particular part of the camp did your informants tell you the murder had been committed?

Answer. They did not say.

Question. Did ever Chineworth tell you that any murders had been committed here?

Answer. No.

Question. Did you ever make any efforts to find out whether these statements were true or not?

Answer. No.

Question. Why did you not try to find out?

Answer. I did not consider it any of my business.

Question. Did you believe these reports when you heard them?

Answer. There was so much said about it that I did nor know but what there might be some truth in it.

{p.63}

Question. Do you know of any gambling being carried on in this camp?

Answer. I do.

Question. Can you give me the names of the party or parties engaged in gambling?

Answer. Yes; Sergeant Walker, Forty-fourth New York Volunteers, since discharged from the service.

Question. Did you ever see Chineworth gambling?

Answer. I saw Chineworth standing by a table, not playing, but looking as though he would play if he could find some one to play with.

Question. Had Chineworth the implements of gambling before him?

Answer. He bad a dice-box and dice

Question. Did you ever see Shaw gambling?

Answer. No.

Question. Did you ever see any effort on the part of the guard to suppress gambling?

Answer. Yes; last Sabbath.

Question. Did you ever see any effort on the part of the guard to suppress gambling at any other time than last Sabbath?

Answer. I think not.

Question. Do you know of any liquor being sold in this camp?

Answer. I do.

Question. To the best of your judgment what kind of liquor was it?

Answer. Whisky.

Question. Why do you think it was whisky?

Answer. I drank some.

Question. Who has sold liquor in this camp?

Answer. I do not know their names.

Question. How many have you seen selling liquor in this camp?

Answer. Seven or eight.

Question. What was their mode of operations?

Answer. They carried it in jugs, canteens and bottles.

Question. Had they fixed positions or were they moving?

Answer. They were moving.

Question. Can you give any information that would lead to the apprehension of these individuals?

Answer. I think I can.

Question. Will you do it?

Answer. I will try.

Statement of W. E. Chineworth, First Maryland Cavalry, December 7, 1862.

Question. Do you know of any murders being committed in or about this camp?

Answer. I do not.

{p.64}

Question. Do you know of any one being badly beaten or killed in front of your booth?

Answer. Nothing more than I heard.

Question. Did you ever tell Shaw that you saw the body of a person murdered?

Answer. No.

Question. Do you know of any man being killed or badly beaten in this camp?

Answer. To the best of my knowledge there were four men passed my booth and they met a man and asked him if he had any money. The man said no. They asked him if he had not been paid off. The man said no. They then asked him if he belonged to Pennsylvania and he said no. They said be lied, and to the best of my judgment knocked him down. I heard some men coming along afterwards. I heard them stop and say, “Halloo, here is a man stretched out. What is the matter with you, old fellow?” That is the last I heard of it.

Question. When you got up in the morning were there any dead men lying around your shanty?

Answer. No.

Question. Were there any marks of a scuffle or blood around your shanty?

Answer. No.

Question. Did you learn anything subsequent to that relating to this affair?

Answer. No.

Question. Who was in the shanty with you when you heard this?

Answer. A. J. Hurd, Hank Tompkins, Forty-fourth New York Volunteers; Nichols, Forty-fourth New York Volunteers.

Question. Did you ever hear of any men having their throats cut in this camp?

Answer. I heard that there was a man found with his throat cut in this camp.

Question. Who told you this?

Answer. I could not say who told me. I only heard it. The rumor was that Colonel Sangster and Colonel Staunton were riding out and found the body.

Question. Do you know of any one being engaged in gambling in this camp?

Answer. I do.

Question. Who were they?

Answer. I do not know.

Question. Did you ever gamble yourself?

Answer. I bet on the board two different days.

Question. Did you ever keep a table yourself?

Answer. I did not.

Question. Do you know of anybody in this camp engaged in selling liquor?

Answer. I know of two places where I think they sell liquor.

Question. Did you ever buy any yourself there or did you ever see anybody else buy any?

Answer. I did not.

{p.65}

Question. Why do you think they sold liquor there?

Answer. Because I heard others say it was a whisky shanty.

Question. Who did you hear say it was a whisky shanty?

Answer. John Brewer.

Question. Can you give me any information that would lead to the apprehension of the perpetrators of the murders, gamblers and liquor dealers?

Answer. I can point out some men who have been engaged in gambling; I think I can point out some liquor dealers but I know nothing about the murders.

Statement of E. B. Richardson, Company K, Twenty-first Massachusetts, December 8, 1862.

Question. Do you know of any murder or murders that have been committed in or about this camp?

Answer. Only what I have heard.

Question. Give me a statement of what you have heard.

Answer. I have heard rumors that there have been murders committed in and about this camp but can give nothing definite.

Question. Who did you get these rumors from?

Answer. I could not tell the names.

Question. Do you know anything of any gambling in this camp?

Answer. I have seen considerable of what they call gambling.

Question. What kind of gambling have you seen?

Answer. I have seen considerable of what they call the sweat-board.

Question. Who have you seen gambling at these boards?

Answer. I could not give the names but could recognize them.

Question. Will you assist me all you can in the apprehension of the gamblers?

Answer. I will.

Question. Do you know any one who has sold liquor in this camp?

Answer. I have seen men with canteens and glasses and asking who wanted the next drink but did not see them sell any so I could not give any direct information.

Question. Who have you seen with canteens and glasses?

Answer. I can’t give the names but could recognize them.

Question. Will you give the name of the person or persons who you suppose have sold liquors?

Answer. A man by the name of Robbins. I will find his company and regiment. Also a man by the name of Keyser and a man by the name of Babcock, who assisted Robbins.

Statement of A. H. Reed, Company G, Sixty-seventh Pennsylvania Volunteers, December 8, 1862.

Question. Do you know of any one in your company or in any other company or any one connected with this camp in any way that has been murdered?

Answer. I do not but I have heard that there have been six murders committed from one Friday till the next Friday.

{p.66}

Question. Did you ever gamble?

Answer. No.

Question. Did you ever see any attempt on the part of the guard to suppress gambling?

Answer. I have. Yesterday week we arrested sixty gamblers.

Question. Do you know any of the men that have been arrested?

Answer. I do not know them personally.

Question. Have you ever seen any liquor sold in this camp?

Answer. No. I have seen them have liquor but did not see them sell any.

Question. Can you give any information that would lead to the apprehension of these individuals?

Answer. I have been told that they sold liquor on the left of the camp in the shanties.

Question. Can you point out the shanties?

Answer. I could not.

Question. Can you point out the places where there was gambling?

Answer. I can.

Statement of John H. Fisher, hospital steward, Fourteenth New York State Militia, December 8, 1862.

Question. How long have you been in this camp?

Answer. Since the 12th of September.

Question. What has been your business since you have been in this camp?

Answer. Hospital steward.

Question. Do you know of any one having died in the hospital from the effects of wounds and bruises received in this camp?

Answer. Yes.

Question. What was the name of the party?

Answer. Andrew Drewlock, Second New York Artillery.

Question. How did he receive his injuries?

Answer. Shot by the guard.

Question. Do you know of any one else?

Answer. No.

Question. Could any one in the hospital die and be buried without your knowing it?

Answer. No. I give the orders for all the coffins and no one can get a coffin without an order.

Statement of Josiah M. Darrel, Company B, Twentieth Massachusetts December 8, 1862.

Question. How long have you been in this camp?

Answer. Since the 3d of November.

Question. Do you know of any murders having been committed in or about this camp?

Answer. I have heard that there have been murders committed but have no personal knowledge of them. The night before I beard of the rumor I was reading in {p.67} my tent. I heard the cry of murder distinctly and the next morning a man came in my tent and said that a murder had been committed during the night. I do not know the man that told me.

Question. Do you know of any person or persons who have been engaged in gambling in this camp?

Answer. I do not.

Question. Did you ever see any attempt on the part of the guard to suppress gambling?

Answer. No.

Question. Have you ever seen liquor sold in this camp?

Answer. I have.

Question. Do you know of any spot where liquor has been sold?

Answer. I know where there is a shanty kept by a man by the name of Wright who I suppose sells liquor.

Question. Can you give any information that would lead to the apprehension of these parties engaged in selling liquor?

Answer. I have given all the information that I know of.

Statement of Sergt. James O’Neil, Company B, Ninth Massachusetts December 8, 1862.

Question. Do you know of any murder having been committed in or about this camp?

Answer. Nothing; only rumors.

Question. Who told you that there had been a murder committed?

Answer. I could not tell. I have heard several talk about it.

Question. Do you know of any one that has been engaged in gambling in this camp?

Answer. I have seen gambling going on but could not tell who were engaged in it.

Question. Did you ever gamble yourself?

Answer. I did once. I played at a sweat-board.

Question. Do you know the man who owned the board?

Answer. I do not know his name but can point him out.

Question. Have you ever seen any attempts of the guard to suppress gambling.

Answer. I have not.

Question. Have you ever seen any liquor sold in this camp?

Answer. Yes.

Question. Can you point any one out who has sold liquor?

Answer. I can.

Statement of James N. Lynch, Company F, Fortieth New York Volunteers, December 8, 1862.

Question. Do you know of any murders having been committed in or about this camp?

Answer. I have heard rumors of murders being committed but nothing definite.

{p.68}

Question. Do you know of any person or persons being engaged in gambling in this camp?

Answer. I have seen gambling in this camp but do not know who were engaged in it.

Question. Have you seen the guard attempt to suppress this gambling?

Answer. I have not but heard that they did.

Question. Have you seen any liquor sold in this camp?

Answer. I have seen men giving liquor out of canteens but did not see them take money for it and so could not say that they sold it.

Question. Can you point out any place where liquor has been sold or is sold?

Answer. I cannot.

Statement of William Eckerson, Jr., Forty-fourth New York Volunteers, December 8, 1862.

Question. Do you know of any murders having been committed in or about this camp?

Answer. I do not; only what I have heard others talk. A week ago yesterday I was talking with one of the guard at the post-office just as I returned from church. The guard said he was a Methodist preacher, and in the course of our conversation we talked about murders that had been committed during the past week. He said that there had been six murders committed from one Friday until the next Friday night, and from the conversation I heard I inferred that he had seen some of the dead bodies in the woods. The guard’s name was Reed. I have heard others speak of the same subject but could not remember any names.

Question. Do you know of other occurrences of this character?

Answer. I have heard of several murders being committed but can give no correct account of them.

Question. Do you know of any persons that have been engaged in gambling in this camp.

Answer. I have seen a great deal of gambling in this camp but could not mention any names as I do not know the persons.

Question. Did you ever gamble yourself?

Answer. No.

Question. Did you ever see any attempt on the part of the guard to suppress gambling?

Answer. No.

Question. Have you ever seen liquor sold in this camp?

Answer. Yes.

Question. By whom?

Answer. I do not know any names.

Question. Where have you seen liquor sold in this camp?

Answer. In two of the wooden shanties.

Question. Can you give any information that would lead to the apprehension of any of these individuals?

Answer. I can point out the places where liquor has been sold.

Question. Will you give me all the information and assistance in your power?

Answer. I will endeavor to do so.

{p.69}

Statement of Peter Bowman, Company G, Nineteenth Indiana, December 8, 1862.

Question. Do you know of any murders having been committed in or about this camp?

Answer. I do not.

Question. Do you know of any gambling being carried on in this camp?

Answer. I have seen gambling in some wooden shanties but I do not know who were engaged in it.

Question. Have you seen the guard attempt to suppress this gambling?

Answer. I have not seen the guard arrest any.

Question. Have you seen liquor sold in this camp?

Answer. I sold five gallons myself last month.

Question. Do you know of any one else who has sold liquor in this camp?

[No answer found.]

Statement of Harry Wilson, Company E, Fortieth New York Volunteers, December 8, 1862.

Question. Do you know of any murders being committed in or about this camp?

Answer. I have heard of murders being committed but could not tell who told me.

Question. Do you know of any gambling being carried on in this camp?

Answer. I have seen gambling carried on here but do not know who were engaged in it. I do not know of any gambling being carried on at the present time.

Question. Have you seen the guard attempt to suppress this gambling?

Answer. I have once.

Question. Have you seen any liquor sold in this camp?

Answer. I have but do not know who sold it. I do not know of any liquor being sold now.

Statement of George Wright, Company C, Fortieth New York Volunteers, December 8, 1862.

Question. Do you know of any murders having been committed in or about this camp?

Answer. No.

Question. Do you know of any gambling being carried on in this camp?

Answer. No.

Question. Did you ever gamble yourself in this camp?

Answer. No.

Question. Have you ever seen liquor sold in this camp?

Answer. I sold it myself about two months ago but have sold none since I heard it was against the regulations of the camp. I know of no one else that has sold liquor.

{p.70}

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HEADQUARTERS DEPARTMENT OF THE CUMBERLAND, Nashville, December 11, 1862.

General BRAXTON BRAGG.

GENERAL: Your letter inclosing list of prisoners captured at Hartsville and paroled by you has been received. It is reported to me that the flag of truce presented itself about dark and during a skirmish.

The officer who conducted them to our lines insisted upon our receiving them as I am informed upon the ground of humanity. We take care of your prisoners, feed them, make them as comfortable as we can and conduct them to the proper place of exchange. That is our idea of humanity. Our prisoners were sufficiently clad when taken and I think ought to have been similarly treated. Whether your idea of humanity consists in robbing them of their blankets and overcoats I know not, but such they assure me was the treatment they received from your troops.

Without entering further into that question, however, I must be permitted to observe that to send these prisoners to my lines without any previous agreement with me to receive them is a violation both of the letter and spirit of the cartel.

I regret to notice this act of injustice and discourtesy, which is aggravated by the fact of their not being sent to us at a proper hour of the day when all the business could have been transacted without inconvenience to either party.

Paroled prisoners will hereafter only be received by me in accordance with the terms of the cartel. Herewith you will please receive receipts for the prisoners taken at Hartsville conformed to the lists of them forwarded by you. Although purporting apparently to be originals these lists are evidently mere copies, not attested by the signature of any officer of either army. As regards the third list sent by you inasmuch as it contains the names of persons of whom I know nothing it is impossible for me to say or do anything.

Very respectfully, your obedient servant,

W. S. ROSECRANS, Major-General, Commanding.

–––

HEADQUARTERS ARMY OF TENNESSEE, Murfreesborough, December 11, 1862.

Maj. Gen. W. S. ROSECRANS, Commanding U. S. Forces, Nashville, Tenn.

GENERAL: In your letter of the 4th instant you express your abhorrence of the system of harassing and arresting non-combatants. In a previous letter I have intimated my entire concurrence in these views and nothing shall swerve me from the faithful observance of a policy which is dictated by every proper sentiment. I am credibly informed, however, that on the very day on which your communication was written a number of citizens of Tennessee charged only with political offenses or proclivities were arrested and imprisoned in the penitentiary at Nashville. It is of little moment to me whether this was done by your immediate order or by your subordinates for whose conduct you are responsible, and I hereby notify you that I shall enforce rigid and unyielding retaliation against the commissioned officers who fall into my hands until this violation of good faith be corrected in deeds as well as words.

Very respectfully, your obedient servant,

BRAXTON BRAGG, General, Commanding.

{p.71}

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CINCINNATI, December 11, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

A battle at Nashville seems imminent. I am not yet exchanged. I trust my command will not go into action without me. Can I not be exchanged at once and put under orders?

WM. H. LYTLE, Colonel Tenth Ohio.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 11, 1862.

Lieut. Col. GEORGE SANGSTER, Commanding Camp Parole, Annapolis, Md.

COLONEL: The exchanged troops at your camp will be ordered to join their respective regiments with as little delay as practicable. Place all belonging to the same army under the senior officer who will conduct them to headquarters and report to the general commanding. Send as complete rolls with them as practicable, each regiment by itself, and furnish cooked rations for the route. The Quartermaster’s Department will furnish the necessary transportation.

By order of the General-in-Chief:

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 11, 1862.

Maj. JOSEPH DARR, Jr., Provost-Marshal-General, Wheeling, Va.

MAJOR: Your several letters of the 3d and 4th instant communicating the recommendation of Governor Peirpoint for the release of certain named prisoners are received, and I have to reply that General Orders, No. 193, of November 22, will probably cover all these cases, and it is therefore not necessary at present to present them to the War Department.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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RICHMOND, VA., December 11, 1862.

Lieut. Col. WILLIAM H. LUDLOW, Agent of Exchange.

SIR: With reference to the Pennsylvania non-combatants captured by General Stuart and whose release you ask in your letter of the 3d instant* I beg respectfully to state that they were captured and are now held only in retaliation for captures of non-combatant citizens of the Confederate States. As soon as your Government releases the non-combatants of the Confederate States now held by you and agrees to abandon the policy of making such captures in the future; or in other words as soon as your Government agrees substantially to the {p.72} proposition relating to such captures which I made to you at our last interview, these citizens of Pennsylvania will be unconditionally released. You have in your military prisons at this time a far larger number of persons who were arrested on Confederate soil while engaged in no acts of hostility to your Government than we have in ours. How can you claim the release of your noncombatants when you retain ours? How can you ask us to release your non-combatants when you refuse to agree that ours shall not be captured? In retaining these Pennsylvanians the Confederate Government does not abandon its position so often reiterated that the capture of non-combatants is illegal and contrary to the usages of civilized warfare. The Government of the Confederate States is anxious to put an end to any such practice. It has protested earnestly and persistently against it. When those protests failed to accomplish the desired end a sense of duty to its own citizens demanded that the Confederate Government should resort to other means. May I not hope that the United States Government will promptly settle this whole matter by a release of such Confederate citizens as are now in prison who when captured were connected with no military organization and by a disavowal of any purpose to make such arrests in future?

Respectfully, your obedient servant,

ROBT. OULD, Agent of Exchange.

* See p. 20.

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RICHMOND, December 11, 1862.

Lieut. Col. W. H. LUDLOW, Agent of Exchange.

SIR: I have directed that all the military prisoners now in Richmond shall be sent to you. Mrs. Anderson will also go down in the same train. There are quite a number of persons, mostly ladies, whose friends, connections and means are in the North who are extremely anxious to go to the United States by flag-of-truce boat. Some of them have already the permission of the Confederate Government and others are applying for permission. Others again whose families are in Norfolk are very desirous of going to them. I cannot at this time give you a list of these applicants. They, however, all come within the above description. You would probably not recognize their names if they were given. I am very much harassed and pressed by these applications and hardly know what to do or say in the premises. What rule have you adopted about them? If I send them to the flag-of truce boat will you receive them and forward them to their destination? I can assure you that I will only send such as come within the categories I have mentioned.

We on the other hand will receive such as have their friends, connections and means in the South. You can send such to City Point where they will be received.

Respectfully, your obedient servant,

RO. OULD, Agent of Exchange.

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WAR DEPARTMENT, Washington, December 12, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: The Secretary of War has had the honor to receive your communication of the 10th instant covering a copy of correspondence {p.73} between Major-General Butler and the French Admiral, Mr. Reynaud, relative to the imprisonment of the Messrs. Le More, alleged French subjects residing at New Orleans.

Replying thereto I am directed to inform you that a copy of your letter has been transmitted to General Butler with instructions to remit the punishment of the ball and chain and hard labor.

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

C. P. WOLCOTT, Assistant Secretary of War.

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WAR DEPARTMENT, Washington, December 12, 1862.

Maj. Gen. B. F. BUTLER, Commanding, &c., New Orleans, La.

SIR: The Secretary of War instructs me to transmit a copy of a letter from the State Department relative to your order for the imprisonment of the Messrs. Le More, and especially in reference to the case of Alfred Le More, confined at Fort Pickens, and additionally punished with the attachment of a ball and chain to his leg. Time Secretary also directs me to say that under the instructions of the President mentioned in the communication of the Secretary of State the prisoner must be released from the ball and chain and from hard labor.

Very respectfully, your obedient servant,

C. P. WOLCOTT, Assistant Secretary of War.

[Indorsement.]

HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, January 26, 1863.

The commanding officer of the District of Pensacola will carry out the within orders of the War Department and communicate his action to these headquarters, returning these papers.

By command of Major-General Banks:

RICHARD B. IRWIN, Lieutenant-Colonel and Assistant Adjutant-General.

Received back February 13, 1863, and respectfully referred to the Board of Prison Inspectors to ascertain and report where Mr. Le More now is.

By command:

RICHARD B. IRWIN, Assistant Adjutant-General.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 12, 1862.

Lieut. Col. F. A. DICK, Provost-Marshal-General, Saint Louis, Mo.

COLONEL: Your letter of the 6th instant is received and in reply I can give you only general instructions in relation to the discipline of the prisons. To insure good order, good police and healthy condition of the prison regularity and system must be introduced into the management of every department, and the manner of accomplishing this I must leave to your own judgment. A thorough policing of every part of the prison should take place every morning, and a thorough and frequent airing of clothing should be required when practicable. {p.74} Prompt obedience to orders and regulations must be exacted, and for any violation of orders you will fix a punishment at your own discretion.

General Orders, No. 193, herewith inclosed,* directs the release of two classes of prisoners, and it is left to your discretion to decide who are to be released under it. If there are any who would be released under the first paragraph you must ascertain from the Governor of the State they come from if the draft or quota has been furnished. The second paragraph covers all cases of persons sent from the border States by the Governor or military commander-Virginia, Kentucky, Tennessee and Missouri.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

* Omitted here; see Vol. IV, this Series, p. 746.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 12, 1862.

Lieut. Col. F. A. DICK, Provost-Marshall General, Saint Louis, Mo.

COLONEL: In the case of J. J. Clarkson, who claims to be a colonel in the Confederate Army, I have to reply to the inquiries contained in your letter of the 3d instant that inasmuch as he has no commission from the rebel Government a decision of the question will not be made until he is claimed as an officer of that Government. Prisoners of war held by you will not hereafter be turned over to any civil authority except by order of the War Department. The prisoners you refer to as having been taken with or without arms in the central and northern parts of Missouri while on their way to join the rebel army will be held as political prisoners not entitled to the privileges of prisoners of war, and you will as often as may be necessary furnish to this office rolls of all captures of this character, giving on the rolls all necessary particulars of time, place, &c. Prisoners of war will not be released on taking the oath of allegiance except by authority of the War Department. Deserters from the enemy will not be held as prisoners-of war, but it must be clearly established that they are deserters, and to insure their loyalty the oath of allegiance should be administered to them. When prisoners are sent to you without rolls if possible detain them until rolls are prepared before they are sent to Alton. When you have none of the particulars of the capture let that be stated on the rolls.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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HDQRS. 2D BRIG., 1ST DIV., ARMY OF THE FRONTIER, Camp near Cane Hill, December 12, 1862.

The PRINCIPAL SURGEON, C. S. Army, Cane Hill or Boonsborough.

SIR: I am instructed by the general commanding the U. S. forces in this vicinity to require the following: That you furnish me with a complete list of your wounded and attendants; that they be kept close about the hospitals and not allowed to straggle about town or our camps. Under no pretext will any of them attempt to pass the lines. {p.75} Those able to move about must wear a badge and be furnished with a certificate signed by me, which they must hold in readiness to produce when called upon. The propriety of these regulations will at once occur to you. Should you desire anything more explicit I should be pleased to see you at my quarters.

Your obedient servant,

WM. WEER, Colonel, Commanding.

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Proceedings of a board which met at Saint Louis, Mo., December 12, 1862, pursuant to Special Orders, No. 16, paragraph III, dated at Headquarters District of Missouri, Saint Louis, December 10, 1862, of which the following is a true copy:

SPECIAL ORDERS, No. 16.

HEADQUARTERS DISTRICT OF MISSOURI, Saint Louis, Mo., December 10, 1861.

...

III. A board of officers is hereby appointed for the following purposes:

1. To inquire into the necessity of having additional prison accommodations for the prisoners now at the Gratiot and Myrtle Street Prisons, and whether provision should be made for others who may be sent to this city for confinement.

2. In case additional accommodations are found to be necessary to select a suitable building for the purpose, fix the compensation which should be made for such building and state what will be the probable amount of other expenses connected with its occupation.

Detail for the board.-Col. S. A. Rice, Thirty-third Iowa Infantry Volunteers; Maj. L. D. Hubbard, Third Illinois Cavalry; Surg. A. Parks, Thirty-third Iowa Infantry Volunteers.

The board will confer with the honorable Sanitary Commission, who are respectfully requested to express their opinions on the above points.

The board will make a full and complete report and express a decided opinion on the points submitted as soon as possible.

The board will assemble to-morrow, December 11, at 10.30 a.m., at the headquarters of Colonel Rice.

By order of Brigadier-General Carr:

C. H. DYER, Assistant Adjutant-General.

The board having carefully examined the Gratiot and Myrtle Street Prisons has the honor to report: That there are but 471 prisoners in the Gratiot Street Prison, and that 750 prisoners can be therein accommodated without risk of detriment to their comfort and health. New hospital arrangements are being perfected by Surgeon Hood, in charge, which are very useful and beneficial, and your board deems it unnecessary that more space be provided to meet any present necessities. The sick average about 20 per cent. of the prisoners on account of the prevalence of the mumps and measles. The Myrtle Street Prison is in good order and can contain with compliance to every necessity of health 150 prisoners throughout the winter. It now contains 145. The board is of opinion that no necessity exists for more prison room, as the honorable Sanitary Commission lately report that the Alton Prison will receive 550 additional prisoners and have sufficient capacity for their accommodation without detriment to their health and comfort.

The board deems that unless a large number of prisoners are to be transferred to this point it would be an unnecessary expense to the Government to fit up another building for a prison unless rendered absolutely necessary by a great increase of prisoners, and submit the following report of two buildings which have been examined:

1. The Lytle Factory would require an expense of at least $5,000 to remove and replace its heavy machinery and $5,000 additional to place {p.76} it in suitable condition for a prison. It would accommodate 750 prisoners. Your board estimate its rent at $7,000 per annum.

2. The Milo Factory would accommodate 1,200 prisoners and is a preferable building in many respects; but being situated on the rock it would be necessary to blast or hew a place for the purpose of a privy and the deposits would have to be pumped away. The rent is estimated at $10,000 per annum and expenses incurred to fit it for a prison would be at least $7,000. This report has been submitted to the honorable Sanitary Commission, whose opinion is indorsed hereon.

[Indorsement.]

The Western Sanitary Commission, to whom the report of the commissioners appointed by Brigadier-General Carr to examine and report on prison accommodation was submitted, would suggest that after careful measurements of the rooms in the Gratiot and Myrtle Street Prisons they found that not over 625 should be admitted into the Gratiot Street Prison and 100 in the Myrtle Street Prison. The numbers named are the largest admissible. ...

The Myrtle Street Prison-There are 155 bunks. The space allotted to them will not average over 150 feet, which is entirely too little. By reducing the number of bunks to 100 the average then would only be 211 cubic feet, which is scarcely enough. Eighty men would be a better number. The Alton Prison will accommodate from 600 to 800 more. Having the use of this prison, [we] would agree with the commissioners that additional buildings would not he necessary, especially as prisoners taken in battle are to be at once exchanged. The arrests in the State are not likely to increase more than discharges will take place; but of this the military authorities can alone judge.

Very respectfully,

JAMES E. YEATMAN.

Respectfully submitted.

SAMUEL A. RICE, Colonel Thirty-third Iowa Infantry Volunteers. LOUIS D. HUBBARD, Major, Third Illinois Cavalry. Capt. C. H. DYER, Assistant Adjutant-General, Hdqrs. District of Saint Louis.

[Indorsement.]

HDQRS. DIST. OF SAINT LOUIS, DEPT. OF THE MISSOURI, Saint Louis, December 18, 1862.

The inclosed report of a board which was convened for the purpose of investigating into the necessity of additional prison room in this city is respectfully forwarded to department headquarters. The board reports that at present there is no need of additional prison room, in which I fully concur.

E. A. CARR, Brigadier-General, Commanding District.

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HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, December 12, 1862.

Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

COLONEL: I have the honor to request information as to whether the officers and men of the Twenty-fifth Missouri Infantry and others paroled at Lexington, Mo., in 1861, and all prisoners taken and paroled at the battle of Wilson’s Creek, Mo., in 1861, have ever been exchanged. Also as to prisoners taken at the battle of Pittsburg Landing or {p.77} Shiloh. The exchange of none of those above mentioned appears to be announced in General Orders, No. 191.

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

H. Z. CURTIS, Assistant Adjutant-General.

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HDQRS. DEPT. OF MISSISSIPPI AND EAST LOUISIANA, Grenada, December 13, 1862.

Maj. Gen. U. S. GRANT, Commanding U. S. Forces.

GENERAL: I am credibly informed that Capt. W. W. Faulkner, Captain Meriwether, Lieut. L. N. Johnson, Lieutenant Blakemore and sixteen privates belonging to Partisan Ranger Corps, C. S. Army, have been refused the benefits of the late cartel for the exchange of prisoners of war. These officers and men are as much a part of the C. S. Army as are any other composing it, and as much entitled to the benefits of the cartel as any of your prisoners whom I now hold. 1 request therefore to be informed of your intentions in reference to the prisoners above referred to, and have to state that I shall cause an equal number of your prisoners to be held in close confinement if the information conveyed to me be correct.

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

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

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HEADQUARTERS DISTRICT OF EASTERN ARKANSAS, Helena, December 13, 1862.

Major CURTIS, Assistant Adjutant-General.

MAJOR: I have the honor to forward papers and abstracts relating to the exchange of prisoners. They were received to-day under a flag of truce. I have simply replied to General Holmes saying that I had forwarded them to department headquarters.

I am, major, your obedient servant,

W. A. GORMAN, Brigadier-General, Commanding.

[Inclosure.]

HEADQUARTERS TRANS-MISSISSIPPI DEPARTMENT, Little Rock, Ark., December 7, 1862.

COMMANDING OFFICER U. S. FORCES, Helena, Ark

SIR: I inclose under cover to you several communications* marked 1 and 2, addressed to Major-General Curtis or other officer commanding Department of Missouri, Saint Louis, Mo. I beg that these communications be forwarded immediately and the answer returned to me as soon as received.

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

TH. H. HOLMES, Major-General, Commanding.

* Net found.

{p.78}

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HDQRS. SECOND CAVALRY MISSOURI STATE MILITIA, Palmyra, December 13, 1862.

Brigadier-General MERRILL, Commanding Northeastern District of Missouri.

GENERAL: I have the honor to acknowledge receipt of your order of the 12th ordering full statement of causes of arrest of Misses Lizzie Powell and Maggie Creath and a report of the manner of their confinement. Having had no official connection with these young ladies or control over their detention I called upon Colonel Strachan, late provost-marshal-general of this district, whose reply I have the honor to inclose. The active disloyalty of these two women is notorious, and their beauty, talents and superior education have made many a man a bushwhacker who except for that influence would have been an honest man. They are even openly and persistently disloyal. I regard them each of sufficient importance to either justify a strict surveillance or banishment from the State.

I have the honor to be, your obedient servant,

JOHN MCNEIL, Brigadier-General, Missouri State Militia.

[Inclosure.]

[PALMYRA, MO., December 13, 1862.]

General MCNEIL:

SIR: In answer to your inquiries about Misses Powell and Creath the evidence sent to the office from Doctor Hueston, near Santa Fé, I think, and several others, established that these young ladies had taken a carriage of Armstead Botts, of Monroe County, driven to Hannibal, and brought out under the protection of the petticoat flag a quantity of gun caps, some 50,000, and other essentials to the guerrillas. Miss Creath made quite a sensation in Monroe County traveling with one Clay Price, a noted captain of guerrillas, dressed in rebel colors and a brace of rebel pistols ornamenting her taper waist. Their influence, being young ladies of large talking propensities, was particularly pernicious, they openly declaring that they acknowledge the authority of no Government but that of “Jeff Davis, the noblest and wisest man that ever graced a presidential chair.” Their cases were submitted by me to Colonel Gantt, provost-marshal-general, and he advised their banishment from the State, but gave me no written order to that effect. The manner of their detention has been on their personal parole that they would abstain from writing and talking treason. They remained at the house of Elder Creath without guard, and Miss Powell has since been allowed the liberty of Hannibal, her native town, at your order.

I am, very respectfully,

WM. R. STRACHAN, Provost-Marshal, Palmyra.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 13, 1862.

Maj. Gen. JOHN E. WOOL, Commanding Eighth Army Corps, Baltimore, Aid.

GENERAL: The conflict of authority between the military commanders at Annapolis is of frequent occurrence and leads to inconvenience and to the detriment of the service. I therefore beg to request that specific instructions placing the camp of paroled prisoners at {p.79} Annapolis under the exclusive command of Lieutenant-Colonel Sangster, Forty-seventh New York Volunteers, may be issued from your headquarters, and that the guards furnished for duty at the camp from the Sixty-seventh Regiment Pennsylvania Volunteers may be recognized while thus employed as subject to the orders of Lieutenant-Colonel Sangster and not to those of Colonel Staunton.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 13, 1862.

Maj. Gen. H. G. WRIGHT, Commanding Department of the Ohio, Cincinnati, Ohio.

GENERAL: I have the honor to acknowledge the receipt of your letter of the 6th instant* with the inclosed letter from General John W. Finnell, adjutant-general of Kentucky volunteers, and in reply I am directed by the Secretary of War to say that all military organizations engaged in service if captured before being mustered in are entitled to the same consideration as if the muster had been perfected, and the home guards and recruits to whom you refer in order that they may receive pay and be exchanged should at once repair to Camp Wallace as required by General Orders, No. 72, of 28th of June. It is presumed that when these troops entered the service they were enrolled, so that there can be no doubt where they belong. Rolls will be prepared at Camp Wallace of these men which will be forwarded through this office to the agent for exchange of prisoners, and on these rolls he will negotiate their exchange. The exchanges thus far of prisoners taken at Munfordville cover only the Indiana regiments.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

* See p. 33.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 13, 1862.

Lieut. Col. F. A. DICK, Provost-Marshal-General, Saint Louis, Mo.

COLONEL: Your letter of the 8th is received and in reply I have to say that the explanations you give of the matters referred to in my letter of the 4th instant are quite satisfactory.

Hereafter when your prisons are likely to become too much crowded give me timely notice, that prisoners may be transferred from Alton to Sandusky to make room for those held in Saint Louis. Such a state of things as you represent should never occur again if it is possible to avoid it, and there should be always ample room to spare in at least one of your prisons. Endeavor to systematize your calls for the release of prisoners from Alton so that they may be prepared for as much as twice or three times a week. The matter of the latter part of your letter is covered by mine of the 12th instant.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

{p.80}

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HDQRS. 2D BRIG., 1ST DIV., ARMY OF THE FRONTIER, Cane Hill, Ark., December 13, 1862.

Lieutenant-Colonel MOONLIGHT, Chief of Staff:

A flag of truce has just reached here. I send the communication he brings, which I opened at his request. I have already taken steps to bring in the medicines for the rebel invalids. The ambulances I have detained at the lines. The bearer states that in his opinion the intention is to convey the rebel wounded southward. On this account I have refused them admittance and await the orders of the general. The bearer of the flag is with me.

Your obedient servant,

WM. WEER, Colonel, Commanding Brigade.

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HDQRS. 2D BRIG., 1ST DIV., ARMY OF THE FRONTIER, Camp, Cane Hill, December 13, 1862.

Captain MCCOY, C. S. Army:

I am forbidden until further instructions to allow any of your party to enter the lines. However, for the sake of your wounded I send an ambulance to bring in your medicines. I instruct the person in charge to report them to Doctor Welch, in charge of your hospitals. When I receive a communication from General Blunt I will inform you as to what privileges you will be allowed.

Your obedient servant,

WM. WEER, Colonel, Commanding.

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WASHINGTON, December 13, 1862.

Col. MARTIN BURKE, Fort Hamilton:

You will discharge ... and all other political prisoners whose discharges have been ordered, without any conditions, in case they refuse to take the oath of allegiance, &c.

By order of the Secretary of War:

L. C. TURNER, Judge-Advocate.

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SAINT LOUIS, December 13, 1862.

Colonel HILDEBRAND, Commanding Military Prison, Alton, Ill.

COLONEL: I have the honor to say that any prisoners from Missouri now held in Alton subject to the orders of this office except those hereinafter mentioned may if they desire be released on parole and bond to go to any locality in the free States east of the Illinois Central Railroad and north of line drawn due east from Springfield, Ill., and there remain for the war. No person who is under sentence of a military commission or who is charged with crime which should be tried by a military commission will be included in this permission. It is believed that many of the young men under your charge from this State will accept the offer. Quite a number have already done so. They will thus find themselves in a peaceful community where labor of all kinds is in great demand, wages are high and schools abundant. If you find any {p.81} among your prisoners who wish to accept these terms of release from confinement please be kind enough to communicate their names to this office and their cases will be attended to at once.

I have the honor to remain, colonel, your obedient servant,

F. A. DICK, Lieut. Col., Provost-Marshal-General, Department of the Missouri.

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OFFICE PROVOST-MARSHAL-GENERAL, Wheeling, December 13, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners.

SIR: I have the honor to acknowledge receipt of your communication of 11th instant. Please send me the Orders, No. 193, of November 22; also any orders that may have been issued relating to exchange of prisoners. May I trouble you to remember me and send me the orders of the War Department as they are issued?

Very respectfully,

JOS. DARR, JR., Major and Provost-Marshal-General.

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HEADQUARTERS EIGHTH ARMY CORPS, Baltimore, December 14, 1862.

Maj. L. C. TURNER, Judge-Advocate, Washington, D. C.:

I. C. W. Powell and William Nabb were arrested with Judge Carmichael. Powell was discharged on the 6th instant, but Nabb is still at Fort Delaware. Can he not be discharged? If so on what terms.

[JOHN E. WOOL,] Major-General.

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BALTIMORE, December 14, 1862.

COMMANDING OFFICER, Fort Delaware:

The commanding officer at Fort Delaware will have all the rebel prisoners of war at Fort Delaware prepared to embark for Fortress Monroe to report to Lieut. Col. William H. Ludlow for exchange, he being the agent. Duplicate rolls will be made of the prisoners. They will be Placed under a guard of twelve men, an officer and two noncommissioned officers, with the rolls, which will be delivered to Colonel Ludlow. Colonel Belger will furnish transportation.

JOHN E. WOOL, Major-General.

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HEADQUARTERS DEPARTMENT OF THE TENNESSEE, Oxford, Miss., December 14, 1862.

Lieutenant-General PEMBERTON, Commanding Confederate Forces, Jackson, Tenn.

GENERAL: Your communication in the case of Colonel Hedgpeth is just received. I did not even know that Colonel Hedgpeth was in the hospital at Memphis and cannot answer as to the misfortune that may possibly have befallen him in the way of losses sustained. Where {p.82} there are large armies and particularly in large cities there are always persons ready to steal where an opportunity occurs, and especially have many of our Federal troops who have been so unfortunate as to fall into the hands of the Southern Army found this true.

As to the other or any other bad treatment toward Colonel Hedgpeth you will find when the facts are before you he has received none.

All prisoners of war are humanely treated by the Federal authorities, and many a wounded or sick soldier has remonstrated against being sent back for exchange on the ground that the treatment received at the hands of the Union authorities was so much better than they could get among what they denominated their friends.

All prisoners who desire it are sent by the first opportunity that occurs to Vicksburg for exchange. Sick and wounded are paroled in hospitals, and as soon as able to travel are furnished passes out of our lines or are sent with other prisoners to the depot agreed upon for exchange.

Unless there is some good reason for it Colonel Hedgpeth has not nor will not be made an exception to the rule.

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

U. S. GRANT, Major-General.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 1-1, 1862.

Maj. Gen. H. G. WRIGHT, Commanding Department of the Ohio, Cincinnati, Ohio.

GENERAL: I respectfully beg leave to call your attention to the utter inattention to General Orders, No. 163, by officers in your department who have charge of prisoners of war. I have to-day received four sets of rolls all without signatures or verification of any kind. They were addressed to the Adjutant-General in one package and accompanied by two letters, one addressed to Lieut. T. G. Beaham, acting assistant adjutant-general, December 6, by Capt. Ed. M. Hulburd, provost-marshal at Lexington, and the other addressed to the Adjutant-General at Washington, December 8, by Maj. Gen. G. Granger, commanding at Lexington. Three of these rolls have the dates when the prisoners were sent to Louisville and no other date; the fourth roll has no date at all. The time and place of capture are not given, nor anything by which they may be identified with any particular command. Generally the names are entered in a promiscuous way without giving the rank of the person named. For the convenience of reference the names should be entered on the rolls by regiments and companies and in alphabetical order. It is difficult to say which rolls the two letters referred to and one of them is not referred to at all. The same character of rolls is required for our own troops when captured and paroled by the enemy and for rebel prisoners when paroled by us. May I beg your early attention to this matter, as much embarrassment and delay in effecting exchanges is occasioned by the careless manner in which rolls have heretofore been prepared. New rolls should be forwarded to replace those just received containing all necessary details as required in General Orders, No. 32, of April 2; General Orders, No. 54, of May 1.7, and General Orders, No. 163, of October 22, 1862.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

{p.83}

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GENERAL ORDERS, No. 31.}

HDQRS. DEPARTMENT OF THE OHIO, Cincinnati, Ohio, December 14, 1862.

I. In pursuance of instructions from the Headquarters of the Army, Adjutant-General’s Office, of the 19th instant, it is ordered that commanders of camps of paroled prisoners of war within the Department of the Ohio immediately forward the exchanged prisoners under their command to the armies to which they belong by detachments under charge of commissioned officers, the detachments to be sent to their respective regiments, batteries, &c., by commanders of armies in which they are serving. Correct rolls of detachments, according to regiments, batteries, &c., will be furnished the several commanding officers before starting. The quartermaster’s department will provide the necessary transportation on requisitions of the commanders of the respective camps.

II. All exchanged officers and soldiers now absent from the several camps of rendezvous for paroled prisoners, whether with or without leave, except in cases of sick leave granted by the proper authority, who fail to promptly report in person to the respective commanders of those camps will be reported as deserters and dealt with accordingly.

By command of Major-General Wright:

N. H. MCLEAN, Assistant Adjutant-General and Chief of Staff.

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Resolution adopted by the House of Representatives December 15, 1862.

Resolved, That the Secretary of War be directed to inform the House what steps, if any, have been taken for the relief of sutlers and other non-combatants attached to our Army, now held as prisoners at Richmond and elsewhere.

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HEADQUARTERS DEPARTMENT OF THE TENNESSEE, Oxford, Miss., December 15, 1862.

Lieutenant-General PEMBERTON, Commanding Confederate Forces.

GENERAL: Your communication of the 13th instant in relation to the detention of Captain Faulkner and other guerrillas is just received.

These moving bands have been a pest to the communities through which they passed but no detriment to the cause of the Union. They have not observed the rules of civilized warfare, and I did not suppose were authorized or under any control except such as they agreed upon among themselves. As you acknowledge them, however, and as most of their belligerency is directed against sympathizers and abettors of this rebellion I will send them to Vicksburg for exchange or set them loose.

I will state here that this is the third communication from you to General Sherman and myself since the present advance commenced that has been threatening in tone. One of your communications also implied a doubt of my veracity in the statement made by me as to prisoners taken as well as casting reflections upon the character of those prisoners.

I will now state to you that the number of prisoners taken by my forces on this advance has been exclusive of sick and stragglers over 1,000. Most of this latter class have been persons who have become tired of the war and have been permitted to take the oath of allegiance and return to their homes.

{p.84}

All communications heretofore received from officers of the Southern Army have been courteous and kind in spirit and have been replied to in the same tone. I regret the necessity for any other class of correspondence.

On my part I shall carry on this war humanely, and do what I conceive to be my duty regardless of threats and most certainly without making any.

I am, very respectfully, your obedient servant,

U. S. GRANT, Major-General.

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HEADQUARTERS ARMY OF TENNESSEE, Murfreesborough, Tenn., December 15, 1862.

Maj. Gen. W. S. ROSECRANS, Commanding U. S. Forces, Nashville, Tenn.

GENERAL: Your communication in reference to an alleged error in the number of prisoners as compared with the lists furnished has been received.

I have the honor to inclose you copy* of a receipt given by your officer who conducted the transfer. By it you will perceive that he attested the correctness of the number and certified accordingly. If any were permitted to escape after being turned over to him I am certainly not responsible for the loss.

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

BRAXTON BRAGG, General, Commanding.

* Not found.

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SAINT PAUL, December 15, 1862.

The PRESIDENT OF THE UNITED STATES:

Your order of the 6th instant for the execution of thirty-nine Indians just received by special messenger. They are imprisoned at Mankato, ninety miles distant, and the time fixed (19th) is too short for preparations for concentrating the troops necessary to protect the other Indians and preserve the peace. The excitement prevails in all sections of the State, and secret combinations exist embracing thousands of citizens pledged to execute all the Indians. Matters must be managed with great discretion and as much secrecy as possible to prevent a fearful collision between the U. S. forces and the citizens. I respectfully ask for authority to postpone the execution one week from the 19th instant if I deem [it] necessary. Please reply at once. Your directions of 9th relative to Chakaydon received to-day by mall and will be obeyed.

Respectfully,

H. H. SIBLEY, Brigadier-General, Commanding.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 15, 1862.

Surg. L. A. EDWARDS, U. S. Army General Hospital, Portsmouth Grove, R. I.

SIR: The paroled troops received at the general hospital, Portsmouth Grove, have been exchanged, and those fit for duty will be immediately ordered to join their respective regiments.

{p.85}

Send as complete rolls with them by regiments and companies and accounts of pay and clothing as practicable, and furnish cooked rations for the route. The accompanying memorandum will show the points to which they should be sent. Three officers will be ordered to report to you to conduct the command. The Quartermaster’s Department will furnish the necessary transportation.

By order of the General-in-Chief:

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

[Inclosure.]

OFFICE COMMISSARY-GENERAL OF PRISONERS, December 15, 1862.

Memorandum.-Men belonging to the Army of the Potomac will join at Fredericksburg via Washington. Men belonging to General Grant’s army or General Curtis’ department will be sent to Benton Barracks thence to join their regiments; those of General Wright’s department to Camp Wallace, near Columbus, Ohio, and those of General Rosecrans’ army to Nashville, Tenn. Men belonging to Mitchel’s corps will be sent to Port Royal via New York. Two officers will conduct the detachment going west and one the detachment for New York and this city.

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 15, 1862.

Hon. RICHARD YATES, Governor of Illinois, Springfield, Ill.

GOVERNOR: Your letter of the 6th instant addressed to the Secretary of War has been referred to me and in reply I have the honor to inform you that the prisoners taken at Lexington, Mo., have not been exchanged.

Lieutenant-Colonel Ludlow, agent for the exchange of prisoners, will endeavor in his next interview with the agent of the rebel Government to effect an exchange of all prisoners captured in Missouri in mass, as very little is known by either party of captures made there. Some irregular exchanges have been made of which there is no official information.

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

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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HDQRS. PROVOST-MARSHAL-GENERAL OF KENTUCKY, Louisville, Ky., December 15, 1862.

Brigadier-General BOYLE, Commanding District of Western Kentucky.

GENERAL: A few days ago you instructed me to forward to Camp Chase all discharged rebel soldiers, also all deserters from the rebel army that had been in said army any length of time, and in pursuance {p.86} of said order I have prepared a descriptive list of such persons confined in the military prison of this city and intended forwarding them as directed, but I find in this morning’s Journal General Orders, No. 31, which issued from headquarters of General Rosecrans (said order please find inclosed*) on the subject of desertions from Confederate Army to which I beg leave to call your attention, and will hold the prisoners subject to your further orders. It seems to me that General Rosecrans invites these men to desert, and says to them on their entering into bond for future good conduct they shall have protection as long as they faithfully observe the laws of the Government and deport themselves as peaceable citizens. Now, general, if this class of men are confined at Camp Chase it will place the Government in the attitude of holding out false reports-hopes to her people-and in lieu of making friends we embitter them against their country. Hoping that you will approve my action I await further instructions.

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

HENRY DENT, Colonel and Provost-Marshal-General of Kentucky.

* Omitted here; see Series I, Vol. XX, Part II, p. 122.

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SPECIAL ORDERS, No. 186.}

HEADQUARTERS EIGHTH ARMY CORPS, Baltimore, Md., December 15, 1862.

...

The camp of paroled prisoners at Annapolis, Md., is hereby announced as under the exclusive command of Lieutenant-Colonel Sangster, Forty-seventh New York State Militia, and the guards furnished for duty at the camp from the Sixty-seventh Regiment Pennsylvania Volunteers will be recognized while thus employed as subject only to the orders of that officer.

...

By command of Major-General Wool:

SEPT. CARNCROSS, Acting Assistant Adjutant-General.

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EXECUTIVE MANSION, Washington, December 16, 1862.

Brig. Gen. H. H. SIBLEY, Saint Paul, Minn.:

As you suggest let the executions fixed for Friday, the 19th instant, be postponed to and be done on Friday, the 26th instant.

A. LINCOLN.

Private.-Operator please send this very carefully and accurately.

A. L.

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INDIANAPOLIS, December 16, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

Will you please order the paroled Indiana prisoners taken at Hartsville, Tenn., sent here? It is conceded on all hands that they behaved most gallantly. We have comfortable barracks for 8,000 men, and telegraphed you a few days ago asking that all the paroled Indianians at Columbus, Chicago and elsewhere be sent here. If this is done I will {p.87} have them reorganized and in good condition for service by the time they are exchanged. Answer by telegraph.

O. P. MORTON, Governor.

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HEADQUARTERS CENTRAL DISTRICT OF MISSOURI, Jefferson City, December 16, 1862.

Col. C. S. CHARLOT, Asst. Adjt. Gen., Missouri State Militia, Saint Louis, Mo.

COLONEL: Herewith I have the honor to transmit a request of certain officers and soldiers formerly belonging to the Thirteenth [afterwards Twenty-fifth] Infantry Missouri Volunteers (Colonel Peabody), and who are now in Benton Barracks as paroled prisoners, they having been captured at the surrender of Lexington, and under the belief that they had been exchanged who have since their capture entered the U. S. service as members of the Fifth Regiment Cavalry Missouri State Militia. I am aware that good faith would prohibit the return of these men to their regiment without being exchanged, but my object in forwarding their request is to have some arrangement made at once which will result in their exchange as they are good soldiers and we require their services.

Very respectfully, your obedient servant,

BEN. LOAN, Brigadier-General, Missouri State Militia.

[Indorsement.]

HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, Mo., December 18, 1862.

Respectfully forwarded to the commissary-general of prisoners, with the request that these and all Lexington prisoners may be exchanged as soon as possible.

S. R. CURTIS, Major-General.

[Inclosure No. 1.]

BENTON BARRACKS, December 16, 1862.

[Brig. Gen. BEN. LOAN.]

GENERAL: I have received from Col. B. L. E. Bonneville, U. S. Army, commanding post at Benton Barracks, a communication addressed to you by Jeremiah Murray, William Baker and other members of Company K, Twenty-third Regiment Missouri Volunteer Infantry, asking that they be discharged from the service of the United States on account of having been taken prisoners at the surrender of Lexington and paroled as prisoners of war on or about the 10th of September, 1861. I would most respectfully state that the above-mentioned parties were formerly members of Company D, Fourteenth Regiment Missouri Volunteer Infantry [Home Guards], commanded by Lieutenant-Colonel White at the battle of Lexington, and that they were discharged from and mustered out of the U. S. service in the month of September, 1861, on account of having been paroled as prisoners of war at Lexington, Mo. The above-mentioned parties soon after voluntarily enlisted in Company K, Twenty-third Regiment Missouri Volunteer Infantry, in which company they served until the 6th of April, 1862, when they were taken prisoners at the battle of Shiloh. They returned to Benton Barracks with the balance of the Shiloh prisoners July 10, 1862, since which time they have been under the command of the officer in charge of the paroled {p.88} prisoners. Being exchanged they were ordered to report for duty on Saturday last by W. P. Robinson, colonel commanding Twenty-third Regiment Missouri Volunteer Infantry, but have not as yet obeyed the order, and state that they are not willing to rejoin their company until they are exchanged as Lexington prisoners. Also, I find on the communication above alluded to an indorsement by H. Z. Curtis, assistant adjutant-general, ordering these men to report to the commander of the paroled men at Benton Barracks to wait an exchange, as no official notice of the exchange of Lexington prisoners has been received at the headquarters of this department. General, I would most respectfully ask if these men are entitled to an exchange or a second discharge from the U. S. service on account of their being paroled at Lexington, after voluntarily enlisting in another regiment knowing that they had been paroled. I am the more anxious to get an explicit answer to this question as, although but four names are attached to the communication above alluded to, there are twelve men in my company and upward of 300 in the various regiments awaiting a decision on this question.

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

R. H. BROWN, Capt. Company K, Twenty-third Regt. Missouri Vol. Infantry.

[Inclosure No. 2.]

Brig. Gen. BEN. LOAN, Commanding Central District of Missouri.

SIR: I respectfully herewith tender you a request of several members of the Fifth Regiment Missouri State Militia, now paroled prisoners of war in Benton Barracks, formerly belonging to the Thirteenth Regiment Missouri Volunteers, Col. E. Peabody, taken prisoners at the battle of Lexington on the 21st of September, 1861, to have us ordered to our regiment for duty, we taking all the consequences of not being exchanged. The reasons for asking the above favor are that we-George Meyer, formerly second lieutenant of Company B, Maj. M. P. Berry’s battalion of cavalry, attached to Thirteenth Regiment Missouri Volunteers, now sergeant-major Fifth Regiment Missouri State Militia; Sergt. John Engesser, formerly corporal of same company, now sergeant Company B, Fifth Regiment Missouri State Militia; Corpl. Fred. Wiedman, formerly private of same company, now corporal Fifth Regiment Missouri State Militia; Charles Ackermann, formerly private of Company B, Thirteenth Regiment Missouri State Militia, now Company C, Fifth Regiment Missouri State Militia; Edward Schaltenbranch, formerly private of Company B, Thirteenth Regiment Missouri State Militia, now corporal Company E, Fifth Regiment Missouri State Militia-after having been notified by Col. E. Peabody that we had been exchanged and mustered out of service, joined the Fifth Regiment Missouri State Militia, and after serving for eight months in said regiment were ordered to Saint Louis as prisoners of war. Prisoners of war that were taken by the C. S. Army in 1862 have almost all been exchanged or will be in a short time, and the prisoners of 1861 were never mentioned. Therefore the above-mentioned prisoners of war now at Benton Barracks prefer to join their regiment for duty instead of staying at Benton Barracks or being mustered out of service, believing they would do more good with their regiment in the field than in garrison at Saint Louis.

Respectfully referring the above to your consideration, I am, your obedient servant,

GEORGE MEYER, Acting Adjutant Fourth Battalion Paroled Men, Benton Barracks.

{p.89}

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WASHINGTON, D. C., December 16, 1862.

Maj. Gen. S. R. CURTIS:

The prisoners taken at Lexington, Mo., have not been exchanged.

W. HOFFMAN.

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FORT MONROE, December 16, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners:

Have you yet received the lists of paroles of Rosecrans’ captures?

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange.

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HEADQUARTERS PAROLED PRISONERS, Near Annapolis, Md., December 16, 1862.

Col. XV. HOFFMAN, Commissary-General of Prisoners.

SIR: I have the honor to report that I have completed the shipment of men to the Army of the Potomac by water and to all other corps by railroad with the exception of men in hospital and such stragglers as may come in, which I am confining in the guard-house as a reward. In a day or two I will be able to say how many are sick in hospital here and at Annapolis. I send complete rolls of all the men I have sent away. To-morrow I will be able to again complete my new organization of camp and will report to you a complete list of last arrivals from Richmond.

Hoping you will excuse my delay, having worked all my force night and day to forward the transportation of exchanged men,

I remain, very respectfully, your obedient servant,

GEO. SANGSTER, Lieutenant-Colonel, Commanding Paroled, Prisoners.

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HEADQUARTERS, Camp Chase, December 16, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

COLONEL: Having been absent from camp for a few days on account of illness I returned yesterday and found yours of the 6th instant in regard to Order 193. Upon consultation with Commissioner Galloway we had come to the conclusion before writing you on the 1st instant that the order did not apply to prisoners confined at this post, because excepted in the third paragraph as amenable for trial before Mr. Galloway, the military commissioner appointed for that purpose. Without containing any specific instructions on this point the tenor of your letter appears to contemplate separate action on my part without regard to the commissioner at all. If I have been mistaken in my construction of the order please telegraph me and I will proceed to execute the order as fully as circumstances will permit. I have thought my construction of this order correct, particularly as the examinations of Commissioner Galloway have been sent from time to time to the War Department, and the discharges continued on his recommendations as formerly. Had the order contemplated a different disposition of these prisoners it appears to me they would have so directed. There is but one prisoner from this State and his discharge {p.90} is ordered on executing loyalty bond. There are only about 300 still remaining in prison, of which say 200 are from Virginia and perhaps 50 from Kentucky. Of this number about 100 have been examined and their discharge recommended on different terms.

I am, very respectfully, your obedient servant,

PETER ZINN, Commanding Post.

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SPECIAL ORDERS, No. 131.}

HEADQUARTERS PAROLED PRISONERS, Near Annapolis, Md., December 16, 1862.

...

XIV. The officer commanding detachment Sixty-seventh Pennsylvania Volunteers doing guard duty at Camp Parole will make his morning report at these headquarters every day at 9 a.m., bringing the guard book for examination and to receive instructions.

XV. Guard mounting will hereafter be conducted strictly in accordance with Army Regulations and at 8 a.m.

XVI. There will be an officer of the day and an officer of the guard who will be held to a strict accountability for the carrying out of General Orders, No. 24, and Special Orders, No. 126, paragraph XVI, from these headquarters.

XVII. No officer of the detachment will be at any time absent from his command without authority from these headquarters, and then only if approved by the officer commanding the detachment.

XVIII. All passes to men to Annapolis must be approved at these headquarters.

XIX. The officer commanding detachment doing guard duty at this camp in accordance with Special Orders, No. 186, paragraph IV, from headquarters Eighth Army Corps, being subject by it to the orders only from these headquarters will make no change in his officers or men without authority from these headquarters.

By order of George Sangster, lieutenant-colonel, commanding paroled prisoners:

JAMES E. DOUGHTY, Adjutant.

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WAR DEPARTMENT, Washington, December 17, 1862.

Hon. GALUSHA A. GROW, Speaker of the House of Representatives.

SIR: In reply to a resolution of the House of Representatives directing the Secretary of War “to inform the House what steps if any have been taken for the release of sutlers and other non-combatants attached to our army now held as prisoners at Richmond and elsewhere” I have the honor to transmit the inclosed report of the commissioner for exchange of prisoners, stating what steps have been taken in reference to the subject of inquiry.

EDWIN M. STANTON, Secretary of War.

[Inclosure.]

WASHINGTON, December 17, 1862.

Hon. EDWIN M. STANTON, Secretary of War.

SIR: In reference to the resolutions in the House of Representatives of the 15th instant calling for information in regard to the exchange {p.91} of sutlers who are or have been held as prisoners at Richmond and elsewhere I have the honor to report that the cartel of September 25, current year, requires that “captured sutlers, teamsters and all civilians in the actual service of either party shall be exchanged for prisoners in similar positions.”

In conformity with this requirement a number of exchanges have already been made, and lists or rolls are now in course of preparation in the office of the commissary-general of prisoners embracing the names of sutlers and sutlers’ clerks, with a view to their exchange, which will be perfected as soon as possible, and no time will be lost in effecting the exchange. The rolls now in preparation will embrace all classes of citizens referred to in the cartel.

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

E. A. HITCHCOCK, Major-General of Vols., Commissioner for Exchange of Prisoners.

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FORT MONROE, December 17, 1862.

Hon. EDWIN M. STANTON:

There is no reason here why the women and children to go to City Point should not go now. They should, how ever, be sent in a transport which can proceed there without trans-shipment here. There are some women and children at Norfolk desirous of going not to return, and I ask your authority to send them. I send 550 prisoners of war to-day. I think it important that Colonel Ludlow should see you and I will send him by the Baltimore boat this evening.

JOHN A. DIX, Major-General.

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HEADQUARTERS DEPARTMENT OF THE CUMBERLAND, Nashville, December 17, 1862.

General BRAXTON BRAGG.

GENERAL: I have the honor to acknowledge the receipt of your communication of the 15th instant.

On reference to article 7, the first of the supplementary articles of the cartel, you will find that a mutual agreement between the commanders of either army is necessary to authorize the exchange of prisoners at any other than the two points designated in the article. By the course pursued by you I was compelled to receive the Hartsville prisoners. However, I merely state this in explanation of my letter without intending further to dwell on the point. But I cannot accept your statement that we have inaugurated the practice of stripping prisoners of their overcoats and blankets. I cannot even admit that it is a practice with us; on the contrary I know that we have furnished blankets and overcoats to your soldiers and we shall continue to do so.

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

W. S. ROSECRANS, Major-General, Commanding.

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HEADQUARTERS DEPARTMENT OF THE CUMBERLAND, Nashville, December 17, 1862.

General BRAXTON BRAGG.

GENERAL: I have the pleasure to acknowledge the receipt of your communication announcing the release of three of my men unlawfully captured behind a flag of truce.

{p.92}

I am gratified to say that I expected it of you. I trust the more recent outrage behind your own flag under Lieutenant-Colonel Hawkins, complained of in my letter of yesterday, will be as promptly and honorably redressed.

Your communication of the 15th as to the difficulty of having uniforms for your men is also received. The reasons you give have weight, but are not in my judgment sufficient since a designation badge however slight is all that I ask.

With great respect, your obedient servant,

W. S. ROSECRANS, Major-General, Commanding Department.

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HEADQUARTERS DEPARTMENT OF THE CUMBERLAND, Nashville, December 17, 1862.

General BRAXTON BRAGG.

GENERAL: I have the honor to acknowledge receipt of your communication in reference to Judge Marchbanks, a political prisoner confined at Camp Chase, whose release as a non-combatant you therein ask. And in reply I am constrained to inform you that I have no power to act in this case, Judge Marchbanks being under the exclusive control of the Secretary of War, to whom your letter has accordingly been referred.

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

W. S. ROSECRANS, Major-General, Commanding Department.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 17, 1862.

Capt. H. W. FREEDLEY, Washington, D. C.

CAPTAIN: After completing the duty assigned to you at Indianapolis you will proceed to Alton and Saint Louis and obtain from the commander of the prison at the former place and the provost-marshal-general at the latter the orders announcing the trial and sentence of political prisoners now held at either of the two places named or at the depot at Sandusky. You will then return to this city.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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HEADQUARTERS PAROLED PRISONERS, Near Annapolis, Md., December 17, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners.

SIR: I have the honor to report that General Wool yesterday placed under my command the guard which was at my camp, amounting to 175 men, and to-day Colonel Staunton, commanding at Annapolis, has taken them and officers away, which are the best I have had here from his regiment, and left me 110 men. I issued the order I received to the commandant of the detachment of guard in accordance with your {p.93} orders, and also the orders to obey promptly all orders from these headquarters. I hope you will take this matter in hand so that I can have a guard that I can depend upon at all times and that understand the duties of my camp.

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

GEO. SANGSTER, Lieutenant-Colonel, Commanding Paroled Prisoners.

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DEPOT PRISONERS OF WAR, Near Sandusky, Ohio, December 17, 1862.

Maj. Gen. H. G. WRIGHT, Commanding Department of the Ohio:

I have the honor to acknowledge the receipt on the 16th instant of the resolutions of the Senate* of the United States calling for the number and names, charges and by whom [made] against citizens of Kentucky in the military prisons outside of the limits of said State, and by whose order arrested, together with your order for me to forward the information therein called for at the earliest practicable moment; in reply to which I forward herewith a roll of the citizens from Kentucky from the roll books of these headquarters. This roll will give the names, when and where captured, the date of receipt at this post; from whence received and when discharged, and so far as information has been forwarded to these headquarters the charges. I have, however, no information on the subject of the charges except as they are marked on the rolls, no charges having been forwarded with the prisoners, most of the prisoners having come from other camps. I have no knowledge when or by whose order they were arrested. Indeed I do not see as I can give any information beyond what is disclosed on the roll forwarded herewith.

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

WM. S. PIERSON, Major Hoffman’s Battalion, Commanding Post.

* Reference is to resolution of December 5, p. 27.

[Inclosure.]

Kentucky citizen prisoners.

T. W. Allen, George Anderson, G. C. Bronaugh, E. H. Burnett, J. Chadwell, B. F. Chrissman, A. P. Davis, J. M. Dishman, J. H. Davis, T. F. Fisher, W. F. Gentry, S. B. Greenfield, J. R. Gentry, James Howell, J. C. Johnson, Elijah Jones, Patten Jones, T. B. Jones, W. Jones, J. H. Jones, J. D. Lillard, Jake A. Lowey, T. Murphy, John McCarney, John Mealer, G. W. Norris, Newton M. Osment, M. N. Powell, B. F. Reed, W. D. Ryan, C. C. Skillman, Harvey Tanner, Mathew Thompson, Robert Vowells, William Wallace, R. J. Warsham, George Whitsell.

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[DECEMBER 17, 1862.-For General Orders, No. 11, Department of the Tennessee, expelling Jew traders, see Series I, Vol. XVII, Part II, p. 424.]

{p.94}

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HEADQUARTERS C. S. FORCES, Murfreesborough, December 18, 1862.

General W. S. ROSECRANS, Commanding U. S. Forces, Nashville, Tenn.

GENERAL: As you express your determination in your letter of the 11th instant to receive no more prisoners through your lines I am at a loss to know whether or not this will embrace Lieutenant-Colonel Moore and Lieutenant Dewald, his aide-de-camp. These officers were among the captured at Hartsville and included in the list furnished you and have been receipted and left behind by accident.

They await here your decision before being sent by the long and tedious route to Vicksburg or Aiken’s Landing.

I am, general, respectfully, your obedient servant,

BRAXTON BRAGG, General, Commanding.

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HEADQUARTERS FIRST CORPS, TRANS-MISSISSIPPI ARMY, December 18, 1862.

Brig. Gen. J. G. BLUNT, Comdg. U. S. Forces, Cane Hill.

GENERAL: I have received by the hands of Colonel Orme, bearer of flag of truce, your letter of the 17th instant in relation to the exchange of prisoners. It was agreed upon between us that flags for this purpose should be at Cane Hill every Wednesday. According to this agreement I sent on last Monday in time to reach Cane Hill by Wednesday 1 lieutenant and 259 enlisted men, prisoners in my hands, the officer being instructed to exchange for any of my command in your hands and to parole the balance until exchanged. Previously I sent within your lines nine officers and three enlisted men under the same instructions to my bearer of flag.

You therefore depart from the agreement in sending a flag elsewhere and I would be justified in detaining the bearer. I do not care to do so. The officer bearing this is directed to receive what prisoners he actually brings as in exchange for the proper number of those before paroled by me. Such as you claim exchanged for as paroled by you must first be known to be of the C. S. Army and properly captured. This requires more time than it would be agreeable on either side to keep your flag party at my outpost, and the matter can be better arranged at Cane Hill on next Wednesday.

Respectfully,

T. C. HINDMAN, Major-General, Commanding.

–––

HEADQUARTERS, Goldsborough, December 18, 1862.

COMMANDING OFFICER, U. S. Army, Kinston, N. C.

SIR: I send under flag of truce a train to Kinston with Surgeons Willey and Taylor and a few men to act as nurses for the wounded Confederate soldiers at that place. I would thank you to give them any assistance in your power consistent with duty.

I am, very respectfully, your obedient servant,

J. G. MARTIN, Brigadier-General.

{p.95}

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 18, 1862.

Hon. GIDEON WELLES, Secretary of the Navy, Washington, D. C.

SIR: I have the honor to acknowledge the receipt of your letter of the 16th instant, addressed to General E. A. Hitchcock, agent for exchange of prisoners of war, and to inform you that it will be forwarded to Lieutenant-Colonel Ludlow, at Fort Monroe, who is attending to the exchanges in the absence of General Hitchcock, in order that the prisoners therein named may be exchanged as early as practicable. I have the honor to inform you also that your letter of the 26th of November addressed to the Adjutant-General, giving the names of the six paroled seamen, was forwarded to Colonel Ludlow for his early attention.

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

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 18, 1862.

General S. R. CURTIS, Commanding Department of the Missouri, Saint Louis, Mo.

GENERAL: In reply to your letter of the 12th instant I have the honor to state that the prisoners taken and paroled in Missouri have not yet been exchanged owing to the entire absence of rolls. The officers taken at Shiloh were declared exchanged in General Orders, No. 191; the exchange of enlisted men taken at the same place was announced in General Orders, No. 147, of September 30. At the next negotiations for exchanges it is hoped all the Missouri prisoners will be exchanged en masse.

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

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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WASHINGTON, D. C., December 18, 1862.

Maj. Gen. S. R. CURTIS:

All Shiloh prisoners are exchanged. Enlisted men by Orders, No. 147; officers by Orders, No. 191, first clause.

W. HOFFMAN, Commissary-General of Prisoners.

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HEADQUARTERS MILITARY COMMANDANT, Covington and Newport, Ky., December 18, 1862.

Major-General WRIGHT, Commanding Department of the Ohio.

GENERAL: In obedience to your order of the 12th instant inclosing a copy of a letter from the War Department in which was embraced a resolution adopted by the Senate of the United States on the 5th day of December requiring a list of the citizens of the State of Kentucky {p.96} who have been and who are now confined in the military prisons and camps of the United States outside of the limits of said State, together with a statement of the charges against them, by whom made and by whose order the arrests were made, I have the honor to submit the following report:

I was appointed to the command of this post on the 10th day of September last by order of Major-General Wallace, commanding U. S. forces in Northern Kentucky, and on the 15th day of the same month was ordered by General Wallace to examine all citizens now held as prisoners in the two cities under your (my) command and see that they have an impartial hearing. Also that the witnesses for the prosecution are present when such examination takes place, and make written report to these headquarters of cases, advising as to the disposition of each with a synopsis of the evidence. Under this order I without delay proceeded to investigate the cases of citizens held in military custody in the cities of Covington and Newport, Ky.

Before any of these investigations were concluded Major-General Wallace was relieved and Brig. Gen. A. J. Smith appointed to the command of the U. S. forces here, and a number of cases were submitted to the last-named officer for his final approval or disapproval. Major-General Granger was next placed in command of the Army of Kentucky and he instructed me to decide finally on all cases coming before me without referring the testimony or sentences to any higher authority. I have continued to do so up to the present time, and find on reference to the records of my office that I have examined and decided 241 cases, exclusive of the prisoners of war who have come before me. Of this number I have sent out of the State, to be confined at Camp Chase, Columbus, Ohio, ten prisoners. Copies of the evidence in these cases both for and against the prisoners are appended* to this report.

It is but proper that I should here remark that several prisoners have been ordered to Camp Chase by officers exercising the authority in the interior of the State and have received transportation to that post from me. But I did not examine their cases and consequently can furnish no report in reference to them. Having thus briefly complied with the requirements of the Senate’s resolution as contained in your order I beg your indulgence while I submit a few remarks bearing upon the subject of the arrest and imprisonment of the citizens of Kentucky charged with disloyalty to the Government of the United States or with giving aid and comfort to its enemies. That the power to make such arrests and imprisonments has been too indiscriminately exercised cannot be doubted by any one who has investigated the subject, but justice compels me to say that the abuse of this power can rarely be traced to regular military officers acting under the authority of the United States. By far the larger number of arrests and imprisonments for alleged offenses against the Government have been made by acting provost-marshals who although appointed by a military commander were themselves citizens. The will of these gentlemen was the law, and in many instances they appear to have exercised their official functions with but little regard for any rule of action either civil or military. Many of them kept no records, and instances are not rare where prisoners were confined by their order for months without the shadow of a written charge of any kind against them.

This exercise of power on the part of citizen provost-marshals applied to property as well as persons. Cases are known where the {p.97} effects of individuals were seized and appropriated without any military or legal sanction and in violation of all principles of justice and right.

I am firmly convinced that much of the bad feeling which has existed and still exists in Kentucky is to be attributed to the causes which I have enumerated. Had a different course of policy been pursued-a policy which would have kept distinct and well defined the military from the civil power-a policy which would have made property and liberty both secure except in clearly proven cases of disloyalty, and would have prevented the incarceration or banishment of citizens through feelings of personal enmity and prejudice-much of the bloodshed and devastation which has marked the State for a year past would have been avoided.

It may be asked, how was this to be done? I answer by placing military power in the hands of military men only, who could be held amenable to military law for the abuse of that power, and by leaving the civil authorities unobstructed whenever their loyalty was known. If instead of appointing a hundred or more civilians as provost-marshals with no guide for their action but their individual judgment and prejudice those positions had been filled by officers of the Army only and a regular system established by competent authority for their government, complaints would not now be so generally nor so justly made about despotic arrests and seizures. The system that has been in operation was no system at all, for under it in one county citizens would be arrested and imprisoned by scores while in the adjoining county parties equally guilty would go unmolested.

I refer to these matters only for the purpose of doing what I can to remedy an evil and prevent its continuance. I consider Kentucky a loyal State. Her civil government and courts of justice are known to be loyal to the Constitution and laws of the United States. Her soil is now free from the dominion of rebel soldiery and it is difficult to imagine a case of disloyalty arising among her citizens which cannot be met and punished under the operation of civil power. The mistake in my judgment has been all along in considering this Commonwealth as a treasonable Commonwealth and in endeavoring to crush her by the exercise of power instead of appealing to her in the language of reason.

In the disposition of some cases brought before me and in many tried by other military commanders and provost-marshals throughout the State bonds were taken for the good and loyal conduct of the accused. These bonds vary in amount from $20,000 to $500 and are I believe generally drawn in proper form and well secured. It is questionable whether these obligations if forfeited by the traitorous conduct of the parties bound by them could be collected by due process of law, because there is so far as my knowledge extends no statute authorizing or empowering the military authorities to take them. I would therefore respectfully suggest that the omission be remedied by having these bonds legalized and that they be ordered to be filed with the clerks of the U. S. courts in Kentucky to be enforced under the direction of those tribunals.

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

WM. B. SIPES, Lieutenant-Colonel, Commanding Post.

{p.98}

[Indorsement.]

HEADQUARTERS DEPARTMENT OF THE OHIO, Cincinnati, Ohio, December 23, 1862.

Respectfully returned to Colonel Sipes, Seventh Pennsylvania Cavalry, military commander, Covington, Ky., who will prepare a tabular statement furnishing the information called for by the resolution of the Senate. This report will be returned to these headquarters with the statement called for.

By order of Major-General Wright:

C. W. FOSTER, Assistant Adjutant-General.

* Omitted.

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HEADQUARTERS ARMY OF NORTHERN VIRGINIA, December 19, 1862.

Maj. Gen. A. E. BURNSIDE, Commanding U. S. Forces opposite Fredericksburg, Va.

GENERAL: I have been informed that Private John W. Irwin, of Company A, Ninth Virginia Cavalry, has been captured by some of the troops under your command and is being tried* as a spy. Presuming if this information be correct that the object of the investigation is to ascertain the truth I have thought proper to make known to you the facts connected with the absence of Private John W. Irwin from his regiment as reported to me by Colonel Beale, commanding Ninth Virginia Cavalry, and Brig. Gen. W. H. F. Lee, commanding the brigade to which the regiment belongs. While the brigade was at Brandy Station, in Culpeper County, Private Irwin received permission from his brigade commander about the 14th of November to visit his home in Stafford County to procure a fresh horse. This is a permission commonly given in similar cases and at the time it was not known that the place to which Private Irwin wished to proceed was within the lines of your army.

The person in question is described to me as follows: Small figure, about 5 feet 9 inches high, complexion dark, hair mahogany and eyes blue. Age about eighteen years and manner rather sprightly.

Very respectfully, your obedient servant,

R. E. LEE, General.

* See p. 103 for case of Irwin.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 19, 1862.

Maj. Gen. W. S. ROSECRANS, Commanding, Nashville, Tenn.:

Duplicate rolls should accompany prisoners sent to Vicksburg for exchange, one with a receipt to be returned by a messenger to the Adjutant-General for this office.

By order of the Secretary of War:

W. HOFFMAN, Commissary-General of Prisoners.

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WASHINGTON, D. C., December 19, 1862.

Maj. Gen. S. R. CURTIS:

All prisoners delivered at Aiken’s Landing up to 11th of November are exchanged. See Orders, No. 191, first clause.

W. HOFFMAN, Commissary-General of Prisoners.

{p.99}

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ALTON MILITARY PRISON, December 19, 1862.

Maj. Gen. U. S. GRANT, Commanding Department of the Tennessee.

SIR:-In answer to yours of the 15th instant I have to inform you that in transferring a lot of prisoners from this prison to Johnson’s Island on the 15th of last month Colonel Faulkner made his escape and has not been heard from since. Captain Meriwether has been sent to Cairo for exchange.

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

J. HILDEBRAND, Colonel, Commanding Post, Alton, Ill.

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ALTON MILITARY PRISON, December 19, 1862.

Lieut. Col. F. A. DICK, Provost-Marshal-General, Department of the Missouri.

COLONEL: Am I to understand from the last clause of your letter that I am to find out the names of those who are willing to accept your terms of release and report their names to you, or am I to release them and report their release to you?

I am, sir, your obedient servant,

J. HILDEBRAND, Colonel, Commanding Post.

P. S.-There will be from 100 to 200 who are willing to accept your terms of release.

I. B. KINKEAD, Prison Adjutant.

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SAINT LOUIS, December 19, 1862.

To the PRESIDENT:

I submit most respectfully to the consideration of Your Excellency the following remarks: I was informed to-day by Major-General Curtis that the President had telegraphed him to inquire if it would be advisable to suspend martial law in Missouri. Officially I have most complete and reliable information as to the condition of this State. I have been in Missouri nearly all the time during the rebellion and I say positively that at no previous time have the efforts and evil purposes of the rebels in this State and city been more active and hopeful than now. All through the portions of the State occupied by our troops traitors are indefatigable in their efforts to aid their Southern friends. The successful military efforts of such brave men as General Merrill, who has captured thousands of these traitors, have made them somewhat cautious for a time but their hopes never die and their purposes and efforts remain the same. Appeals and representations to the contrary may be made by Major Rollins and Judge Hall and other gentlemen who live in the worst part of the State but those gentlemen are not regarded in Missouri as fair representatives of the Union men who uphold the Government. It is not unfair to say that those gentlemen were elected by the votes of disloyal men. I make these statements not from a desire to injure them, for I esteem them both as gentlemen, but that their dependence upon disloyal men may be known. I have daily evidence that in the interior and in Saint Louis secretly information and material aid is being furnished by many of our most respectable citizens to the enemy. The most bitter hostility exists between them {p.100} and the Union people. I have daily appeals from the interior for the adoption of a more stringent policy that Union men may have security from their rebellious neighbors. I have instructed provost-marshals in the interior to select out the leading dangerous men and banish them from the State during the war. General Merrill and the other generals in the interior are pursuing the same system.

I came into this office on the 1st of November. I then found General Curtis in consequence of the persistent appeals of pretended Union men at times really in doubt as to what course to pursue, but the powerful evidence of this active disloyalty daily furnished him through my office and other sources has completely satisfied him of the necessity of a vigorous policy with so malignant an enemy. No one who has contended with these people as we in Missouri have done and who is a true friend of the Government is in doubt as to this. But pretended Union men who never work for the cause and encounter no hardships nor risks can well cry out in behalf of the rebels. I therefore most respectfully ask of the President that he will not require that we relax in our efforts to fight this enemy in the most effective manner. It is no light matter to stand here in conflict with these people and if we are in a fair way to get the upper hand it should be remembered that upon the least opportunity they will spring at our throats again.

I trust that the President will not consider me officious in offering these suggestions, but placed as I have been by the order of General Curtis at the head of a most responsible and powerful office I am convinced of the necessity of maintaining the ascendency of the Federal Government in Missouri by force. To remove military supremacy will be to let loose these evil-doers again upon true Union men. There is one other point that I beg leave to present to the President. I find that a considerable number of the Southern sympathizers desire to go South. General Curtis has evinced decided willingness to allow them to go but he is of the impression that to do so is not favored by the Government. If permission can be given to allow such persons to go we will be rid of many unchangeable enemies who will do us less injury there than here.

I applied to General Curtis to-day to allow me to permit a wife, daughter and four small boys of a rebel preacher in the South to go and I understood from him that he doubted if it would meet with favor at Washington. There are several prominent rebels in Saint Louis who ought to be sent South. There are many female spies in good society who ought to be sent. They are efficient aiders of the rebellion. I urgently ask that such persons of both sexes I may be permitted with the approval of General Curtis to send to their Southern friends. If the lines were opened and Southern sympathizers with their slaves were permitted to go it would work a most wonderfully good effect upon Missouri, and in a short time its result would be permanent peace and tranquillity to the State.

I have the honor to be, Your Excellency’s most obedient servant,

F. A. DICK, Lieut. Col., Provost-Marshal-General, Dept. of the Missouri.

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HEADQUARTERS PAROLED PRISONERS, Near Annapolis, Md., December 19, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners.

SIR: I have the honor to report that on the receipt of the orders from General Wool I took command of the guard, being 6 officers and 175 men, and soon after Colonel Staunton, commanding at Annapolis, removed the guard leaving me 110 men and to-day he has taken them {p.101} away and sent me 90 men and 1 officer. I inclose a copy of letter to General Wool and I think I will have relief immediately. I send this inclosed that you may know my acts in the premises.

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

GEO. SANGSTER, Lieutenant-Colonel, Commanding Paroled Prisoners.

[Inclosure.]

HEADQUARTERS PAROLED PRISONERS, Near Annapolis, Md., December 19, 1862.

Col. W. D. WHIPPLE, Assistant Adjutant-General, Eighth Army Corps.

SIR: The guard which you placed under my command by Special Orders, No. 186, numbered 175 men and 6 officers. On receipt of that order the inclosed order,* with a copy of Special Orders, No. 186, was sent to Captain Arndt, then in command. On the receipt of your order Col. J. F. Staunton ordered the detachment that was present off. I protested against such a movement. He then sent me 4 officers and 110 men. To-day he takes away this detachment and gives me only 1 officer and 90 men. So small a number of guard is totally inadequate to protect the Government property and preserve the good order and discipline of this camp. I have camp equipage standing sufficient to accommodate 12,000 troops and am ordered by the General-in-Chief to keep them standing for the accommodation of new arrivals.

By Special Orders, No. 127, October 17, I am held to a strict accountability that hereafter no cause be found to complain of the condition of the camp at Annapolis. To assume this responsibility it is absolutely necessary that I shall have a much larger guard than 90 men. With the guard under command of Captain Arndt (6 officers and 175 men) the discipline was much better than it had previously been although the number was so small. Captain Arndt being an active and efficient officer did all I could have desired or expected with the number of men. In view of these facts I respectfully ask that Colonel Staunton be ordered to return the officers and men under Captain Arndt at once.

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

GEO. SANGSTER, Lieutenant-Colonel, Commanding Paroled Prisoners.

* Not found.

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GENERAL ORDERS, No. 36.}

HEADQUARTERS ARMY OF KENTUCKY, Lexington, Ky., December 19, 1862.

Deserters from the rebel service and persons who are returning to their homes in this State, having been followers of the rebel army but not in the service, will upon coming within the limits of the Military District of Central Kentucky report in person to these headquarters to the major-general commanding the Army of Kentucky and submit their respective cases to be properly adjudged upon and disposed of.

Persons included within the terms of this order who shall fail to observe the same will be arrested and treated as spies or prisoners of war according to the circumstances of each particular case.

Civil officers and loyal citizens are requested to aid in the enforcement of this order.

By order of Maj. Gen. G. Granger:

THOS. G. BEAHAM, First Lieut., First [Second] Iowa Cavalry, Actg. Asst. Adjt. Gen.

{p.102}

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HEADQUARTERS ARMY OF TENNESSEE, Murfreesborough, Tenn., December 20, 1862.

Maj. Gen. W. S. ROSECRANS, Commanding U. S. Forces, Nashville.

GENERAL: In your letter of the 11th instant you complain that there was in several respects a want of regularity and humanity in the delivery of the Hartsville prisoners.

You charge, first, that the flag presented itself about dark and during a skirmish; second, that the officer who conducted them to your lines insisted upon your receiving them upon grounds of humanity; third, that the lists accompanying them were not original nor attested copies; and fourth, that a third list was sent of which you knew nothing. These charges are so fully met by the communication of my inspector-general which is herewith inclosed as to convince me that you were misinformed as to the facts and that your complaints are groundless.

Your assertions as to the uniform kindness and humanity with which our prisoners are treated by Federal commanders are strangely at variance with facts well known to me. Men now in my camp were recently transported from Cairo to Vicksburg in such a state of destitution from official robbery and so exposed to the cold and inclement weather that forty died on one boat during the passage. You are pleased to compare your “idea” of humanity with ours; I confess to a striking difference. From Butler to Boyle a system is practiced the milder features of which as in this case we practice only in retaliation and with repugnance. The alacrity of your own men to fall into our hands and the humiliating expedients you have seen proper to enforce in order to put a stop to it are convincing evidences of the falsity of the charge of inhumanity as practiced by us.

On the other hand the uniform testimony of our returned prisoners and their unyielding aversion to capture indicate their repugnance to your kind of hospitality.

Disagreeable as is this subject it is proper that we should understand each other. The course which has been pursued by Federal commanders and their subordinates in the treatment of Confederate prisoners both of war and of state must cease, and until it does I shall retaliate in kind for every violation of humanity and justice. Our soldiers are either traitors to be hung or prisoners of war to be treated as such. It is not enough for you to say you condemn such actions as form the subject of my complaint. Your condemnation must show its fruits. Your department is small and the stay of prisoners within your jurisdiction limited. They are then turned over to the mercies of others who entertain different views of humanity perhaps from yourself. My surgeons are imprisoned and treated with indignity and to my protest I am referred to some distant commander on whom I have no means of operating directly. My soldiers are returned from Northern captivity stripped of all but enough to hide their nakedness and with constitutions undermined from exposure to the weather. It is in vain to appeal for proper redress and I shall hereafter enforce a policy strictly corresponding to that practiced by your commanders, never, however, losing sight of the higher duties of humanity which will prohibit my imitation of your “idea” except in its least objectionable features.

I have attentively noted your remarks in regard to the future delivery of prisoners. When you received instead of rejecting those last sent I considered you as estopped from further complaint and regard your remarks as wholly irrelevant. Under your decision such of your prisoners as fall into my hands shall hereafter be sent to the regular points {p.103} of exchange subject to the exposures of so long a journey which my “idea” of humanity would spare them. They may thereby, however, escape the degradation of the nightcap parade, which it seems under your system all, brave and cowardly alike, must endure as the penalty of falling into your hands.

I regret the evident annoyance of which your letter too plainly gives proof, but as it may be traced to your own lines it is not in my power to remove the causes except as I have attempted.

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

BRAXTON BRAGG, General, Commanding.

[Inclosure.]

HEADQUARTERS INSPECTOR-GENERAL’S OFFICE, Murfreesborough, December 18, 1862.

General B. BRAGG, Commanding Army of Tennessee, Murfreesborough, Tenn.

GENERAL: In reply to the letter of General W. S. Rosecrans of December 11, 1862, referred to me, I have the honor to state:

The flag of truce did “present itself” about dark by reason of a delay caused by skirmishing in front. This delay could not be anticipated or avoided, and but for this the prisoners would have been turned over in time to reach Nashville by dark.

The skirmishing had entirely ceased and the enemy fallen back when the flag passed our lines.

The officer who conducted them (the prisoners) did not insist on grounds of humanity or any other ground that they should be received.

The officer who received the flag (Lieutenant-Colonel Wood) did not make nor intimate the least objection to receiving the prisoners, for in less than ten minutes after I met him I had received his receipt for them and all official dispatches I had for General Rosecrans.

The prisoners were sufficiently fed, for I had caused two days’ rations to be issued to them the evening before, and Colonel Wood remarked that they had enough to eat as he saw them cooking. The lists furnished were certified by me to be “copies of original paroles on file in my office” and did not purport to be original. The third list if I understand correctly what is referred to was a list of prisoners headed by Lieutenant-Colonel Kerr, numbering sixty-nine, captured at various times and places, and the prisoners accompanied the list.

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

W. K. BEARD, Inspector-General.

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SPECIAL ORDERS, No. 358.}

HDQRS. ARMY OF THE POTOMAC, Camp near Falmouth, Va., December 21, 1862.

I. Before a general court-martial convened at the office of the provost-marshal-general Army of the Potomac, pursuant to Special Orders, No. 347, of December 9, 1862, from these headquarters, and of which Col. J. S. Crocker, Ninety-third Regiment New York Volunteers, is president, was arraigned and tried Private John W. Irwin, Company A, Ninth Virginia Cavalry (so-called), Confederate Army, on the following charge and specification:

CHARGE: Being found and arrested within the lines of the Army of the Potomac as a spy.

Specification-In this that the said Private John W. Irwin, Company A, Ninth Virginia Regiment, being a rebel soldier in arms against the Government of the United States, on or about the 27th day of November, A. D. 1862, did come within the lines of the Army of the Potomac at or near Hartwood, Va., disguised in citizen’s {p.104} clothing, having previously lurked about in that locality during a time when important movements of that army were being made, concealing himself so as to gain information of the said movements with hostile intent.

Plea-Not guilty.

Finding and Sentence-After mature deliberation on the testimony adduced the court finds the accused, Private John W. Irwin, Company A, Ninth Virginia Cavalry, as follows:

Of the specification of the charge, Guilty.

Of the charge, Guilty.

And does therefore sentence him, Private John W. Irwin, Company A, Ninth Virginia Cavalry, to be hung by the neck until he be dead; two-thirds of the members of the court concurring in the sentence.

II. The proceedings, finding and sentence of the court are confirmed. The commanding general on reviewing the evidence finds abundant grounds for the finding and sentence of the court, but having since its adjournment received from General R. E. Lee, commanding the so-called Army of Northern Virginia, a communication representing that the accused had obtained a furlough to visit his home and procure a fresh horse-a permission commonly given in the said army in similar cases-and that at the time it was not known that the place to which Private Irwin wished to proceed was within our lines, he has and does remit the sentence.

Private John W. Irwin will be treated as a simple prisoner of war, to be paroled and returned in ordinary and usual course.

By command of Major-General Burnside:

LEWIS RICHMOND, Assistant Adjutant-General.

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HEADQUARTERS DISTRICT OF SOUTHWEST MISSOURI, Springfield, December 21, 1862.

Maj. Gen. S. R. CURTIS, Commanding Department of the Missouri, Saint Louis.

GENERAL: The military commission that has been in session in this district since June has sentenced a number of guerrillas to be shot. The evidence was clear and fully sustains the charges of violation of the laws of war. The proceedings were in form and properly referred to department headquarters. Months have elapsed without their being again heard from, and in the meantime our Union citizens and soldiers are being murdered by the companions of the condemned men. It is true that numbers of the guerrillas have been killed, but the moral effect of the execution in a formal manner after a full, fair trial of one guerrilla would far exceed that of shooting them in open warfare or from the brush. I respectfully urge that the quiet of this country demands a sterner measure of justice upon the part of the Government than has heretofore been practiced. Mercy to these outlaws is cruelty and death to the Union men of the southwest.

I am, very truly, your obedient servant,

E. B. BROWN, Brigadier-General, Commanding.

[First indorsement.]

HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, December 26, 1862.

Respectfully returned for General Brown to please state when the proceedings therein referred to were forwarded. No record of them whatever can be found here.

By order of Major-General Curtis:

H. Z. CURTIS, Assistant Adjutant-General.

{p.105}

[Second indorsement.]

HEADQUARTERS DISTRICT OF SOUTHWEST MISSOURI, Springfield, January 2, 1863.

Judge-advocate will send me a statement of all cases tried by military commission between the 5th of July and 29th of August, 1862. These are the class referred to in my letter to General Curtis.

E. B. BROWN, Brigadier-General, Commanding.

[Third indorsement.]

SPRINGFIELD, MO., January 3, 1863.

Charles H. Clifford was tried by military commission. Trial commenced October 29 and ended November 1, 1862. Sentence: “To be hung by the neck until he is dead at such time and place as the commanding officer of the department may designate.” There is no date showing when the record was sent up for review. The original is in my possession. The prisoner is now in military prison at Springfield, Mo.

Smith Crim was tried by military commission. Trial commenced September 25 and ended September 26, 1862. Sentence: “To be shot to death by musketry at such time and place as the commanding officer of the district may designate.” The original record is now in my possession. Smith Crim was sent to Saint Louis, Mo., as shown by the books of the acting provost-marshal-general, December 30, 1862. There is [no] date showing when the record was sent up for review.

James A. Stoker was tried by military commission. Trial commenced September 4 and ended September 6, 1862. Sentence: “To be hung by the neck until he is dead, at Springfield, Mo., on the first Friday in October, 1862.” Proceedings sent to commanding general Southwest District September 9, 1862. The original record is now in my possession. James A. Stoker was sent to Saint Louis December 30, 1862, as shown by the books of the acting provost-marshal-general. District of Southwest Missouri.

William T. Cox was tried by military commission. Trial commenced and concluded November 18, 1862. William T. Cox was sentenced to be shot. He has escaped from prison, as shown by the books of the district provost-marshal.

WM. RAGAN, Lieutenant, Eighteenth Iowa Infantry, Judge-Advocate.

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HOUSE OF REPRESENTATIVES, Washington, December 22, 1862.

Hon. E. B. WASHBURNE.

MY DEAR SIR: [return you the papers in the matter of the Sixty-fifth Regiment with the suggestion that you send them with a note to Colonel Hoffman. I have seen him on the subject and he promises action.

Yours, truly,

I. N. ARNOLD.

[Inclosure.]

ADJUTANT-GENERAL’S OFFICE, Springfield, December 16, 1862.

Hon. E. B. WASHBURNE, Washington.

DEAR SIR: I inclose letter just received from Colonel Cameron, of the Sixty-fifth Illinois Volunteers, now stationed at Chicago; also the {p.106} report therein referred to. The Sixty-fifth and Phillips’ battery are Illinois troops captured and paroled at Harper’s Ferry. Although they all behaved most gallantly they were disgracefully surrendered and they feel mad at the shadow resting upon them. They are impatient for a fight. The troops of other States have been exchanged and why in the name of all that is fair and just are Illinoisians to be kept shut up on their parole when others are exchanged? Several thousand have gone out of Camp Douglas exchanged and our own troops detained paroled prisoners. Do take hold of this thing at once and let these men loose. I have a brother who is a captain in the regiment and he says this discrimination against our men has demoralized them and they are breaking out of camp and running away every day. Let me hear from you by telegraph as soon as possible.

Yours, truly,

ALLEN C. FULLER, Adjutant-General.

[Sub-inclosure.]

HEADQUARTERS, Camp Douglas, Chicago, December 13, 1862.

Hon. ALLEN C. FULLER, Adjutant-General, Springfield, Ill.

HONORED SIR: I send you herewith a copy* of the consolidated morning report of paroled troops remaining in this camp. While I am anxious to see them all exchanged I feel a special interest in the Sixty-fifth Illinois and Phillips’ battery. What I ask is that the regiment and battery be at once exchanged, armed and allowed a reasonable time to call in furloughed men and prepare for the field. By the decision of the War Department dated November 16, 1862, in my possession, we cannot drill, do guard duty or discharge any duty usually performed by soldiers. The men have recently received six months’ pay, and tired of inaction and disgrace, surrounded by sympathizing friends, offered large bounties in cavalry regiments and mortified at not being placed on an equality with troops they feel to be inferior to themselves, I need not say that it is almost impossible under these circumstances to keep a regiment together. Do what you will men get tired and dissatisfied when they have nothing to do. I hope the Department at Washington will be induced to act speedily on our case and send us off to the Southwest.

I have the honor to be, general, truly, yours,

DANIEL CAMERON, Colonel Sixty-fifth Illinois, Commanding.

[Indorsement.]

HOUSE OF REPRESENTATIVES, January 7, 1863.

Will Colonel Hoffman please inform the bearer in this regard.

E. B. WASHBURNE.

* Omitted.

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HEADQUARTERS DEPARTMENT OF THE CUMBERLAND, Nashville, December 22, 1862.

General BRAXTON BRAGG.

GENERAL: I have the honor to acknowledge the receipt by flag of truce to-day of four letters from yourself.

I regret, however, to say that I have not yet the pleasure to acknowledge the return of that picket of some forty cavalrymen which was captured by some of your cavalry in the presence of your flag of truce and under the eyes of its bearer, Lieutenant-Colonel Hawkins.

{p.107}

After your non-condemnation of the behavior of your men on the preceding day under similar circumstances and the return of the three men thus captured-albeit minus overcoats and holsters-I will only most respectfully quote your own phrase: “Words will not suffice, we must have deeds.” In short, my dear general, the sine qua non to our further correspondence or official intercourse is the prompt return of these men with all their clothes, arms and equipments. When you speak by such deeds of simple justice I shall be able to understand you.

Very respectfully, your obedient servant,

W. S. ROSECRANS, Major-General, Commanding.

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HEADQUARTERS ARMY OF TENNESSEE, Murfreesborough, Tenn., December 22, 1862.

Maj. Gen. W. S. ROSECRANS, Commanding U. S. Forces, Nashville, Tenn.

GENERAL: A. J. Marchbanks, a citizen of Warren County, Tenn., fifty-six years of age, was arrested in Van Buren County, of this State, by order of General Dumont on the 14th day of June. He is now confined at Camp Chase, Ohio. The charge preferred against him was his loyalty to the Confederate Government. I desire to call your attention to this case and respectfully claim the return of Mr. Marchbanks to my lines according to the agreement existing between us.

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

BRAXTON BRAGG, General, Commanding.

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HEADQUARTERS, Cincinnati, December 22, 1862.

Brig. Gen. J. T. BOYLE, Comdg. District of Western Kentucky, Louisville, Ky.

GENERAL: I have to acknowledge the receipt of the letter of Colonel Dent, provost-marshal, &c., dated the 15th instant, presenting the cases of discharged rebel soldiers and deserters confined in the military prison at Louisville who under your orders were to be sent to Camp Chase, but whom he was retaining in consequence of the orders of Major General Rosecrans in regard to the same classes of persons in which he authorizes a more lenient policy. This letter you refer to me for instructions in the matter.

If any of the prisoners referred to have been liberated by General Rosecrans under the orders alluded to they should be discharged unless they have by their subsequent acts laid themselves liable to arrest; but I see no reason for departing [in] the cases of those first arrested by your authority from the policy we have been pursuing, as expressed in my letters to you of November 1 and 24 and December 5, 1862, and by the modified orders of General Buell, No. 49. The oath of allegiance and not the non-combatant oath of General Rosecrans should in all cases be administered.

It is to be regretted that orders from Washington do not indicate some general policy to prevail in all departments and thus avoid the differences which must otherwise exist in respect to the treatment of persons of these classes found within the jurisdiction of the various commanders, but until this is done these differences must continue.

{p.108}

The policy we have followed has received the sanction of the General-in-Chief and has not been disapproved by the War Department.

Very respectfully, your obedient servant,

H. G. WRIGHT, Major-General, Commanding.

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INDIANAPOLIS, December 22, 1862.

Hon. E. M. STANTON, Secretary of War:

I mail an important letter* for the consideration of the President, Cabinet and General-in-Chief. A secret order exists in this vicinity to incite desertion of soldiers with their arms, to resist arrest of deserters, to stop enlistments, to disorganize the army, to prevent further drafting-in short, a distinct avowal to stop this war. There are oaths and signs and watchwords, all to forward the foregoing designs. I shall try and prepare a case for the court in session, of which Brevet Brigadier-General Van Rensselaer is president; but how shall we reach citizens who are the originators? The affidavits of soldiers arrested and examined separately prove conclusively all above alleged and implicate citizens as well as soldiers. It affords a clue to the alarming desertions now so prevalent in this State and very serious.

H. B. CARRINGTON, Colonel, U. S. Infantry.

* Not found; but see “Memorandum,” etc., p. 363.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 22, 1862.

Hon. E. M. STANTON, Secretary of War, Washington, D. C.

SIR: In compliance with your instructions I have the honor to report that it has been stated that an exchange of the Twenty-third Regiment Illinois Volunteers and other troops captured in Missouri for rebels captured by the Union forces was arranged between General Frémont and General Price, but no official report of this exchange has ever been made nor can any record of it be found on the files in the office of the commanding general at Saint Louis, and the exchange is no longer recognized.

It is expected that at his next interview with the agent from Richmond Colonel Ludlow will be able to arrange an exchange of all prisoners captured on either side in Missouri up to a recent date, covering all those about which there is so much doubt.

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

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

–––

OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 22, 1862.

Maj. Gen. S. R. CURTIS, Comdg. Department of the Missouri, Saint Louis, Mo.

GENERAL: In reply to the letter of Col. W. W. Lowe, commanding Fort Henry, of the 30th ultimo, referred by the Adjutant-General, I have the honor to state that by the cartel for the exchange of prisoners it is provided that agents shall be appointed by each party whose duty {p.109} it shall be to arrange all exchanges, and such agents must be appointed by the War Department. It is therefore not proper that a subordinate should assume such duties for himself or assign them to another, and Colonel Lowe can scarcely be warranted in exercising the duties of an agent for the exchange of prisoners.

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

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 22, 1862.

General CHARLES W. HILL, Adjutant-General of Ohio, Columbus, Ohio.

GENERAL: In reply to your letter of the 6th instant addressed to the Adjutant-General I have the honor to state that Lieutenant-Colonel Ludlow, agent for the exchange of prisoners, will have an interview with the agent from Richmond in the early part of next month when an exchange of all prisoners on parole on either side will be arranged as far as numbers will warrant it. It is hoped that all of our paroled men will be exchanged whether still in the service or not, but if there are not enough rebels in our hands it is probable those of our troops in service will have the preference. I will forward your list to Colonel Ludlow.

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

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 22, 1862.

General W. W. MORRIS, Commanding Fort McHenry, Baltimore, Md.

GENERAL: A boat will leave this city in eight or ten days for Fort Monroe with prisoners for exchange, and if there are any prisoners at Fort McHenry belonging to the rebel army I respectfully request you will send them to the provost-marshal in this city that they may be sent South.

I am, very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 22, 1862.

Col. JESSE HILDEBRAND, Commanding Military Prison, Alton, Ill.

COLONEL: Orders, No. 193, of the 22d November from the War Department, a copy of which is herewith inclosed,* require that two classes of prisoners shall be released, and it is for you as commander of the prison at Alton to execute the order. The first paragraph refers to those who {p.110} have discouraged enlistments or interfered with the draft in any State where the drafting has been completed. (See paragraph 1) If there are cases of this kind at the Alton Military Prison you must ascertain from the Governor of the State where the offense was committed whether the draft has been completed before the prisoner can be released.

The second paragraph refers to prisoners who have been sent from Virginia, Kentucky, Tennessee and Missouri by the Governor or other military authorities charged with disloyal practices.

The records in your office must decide the character of the offense, and when prisoners are released you will require them to report to the provost-marshal at Wheeling, Louisville, Nashville or Saint Louis according to the State in which they reside, or to the military commander nearest to their homes.

The third paragraph points out the exceptions to be observed.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

* See Vol. IV, this Series, p. 746.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 22, 1862.

Col. DANIEL CAMERON, Sixty-fifth Illinois Vols., Comdg. Camp Douglas, Chicago, Ill.

COLONEL: Please report at as early a day as practicable the cost of the property destroyed at Camp Douglas by the paroled troops stationed there. Let this report be as much in detail as possible, showing the cost of the buildings, fencing, lumber and tools. Designate the regiments or parts of regiments engaged in these outrages and note as far as practicable the part taken by each in order that they may be held to a proper accountability. If you can establish the principal facts by affidavits.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE PROVOST-MARSHAL-GENERAL, Saint Louis, December 22, 1862.

REGULATIONS:

Lists of prisoners of war for exchange will be made up by Capt. J. F. Dwight, who will forward them to Cairo in pursuance to the instructions of Col. William Hoffman, commissary-general of prisoners.

Captain Dwight will also as far as practicable see persons calling upon matters of general business and will require where it can be done that communications shall be made in writing, so that time may not be wasted by listening to needless details.

Prisoners who are to be held for the war should be sent to Alton and the facts at once made known to the commissary-general of prisoners, that he may remove them to another prison and leave room at Alton for others.

There are many prisoners who have been sentenced to be imprisoned at Alton for the war, but that having been done when the present regulations about prisoners did not exist they should be reported to Colonel Hoffman.

{p.111}

It is advisable to inform General Merrill and perhaps other generals that these prisoners for the war will be removed to Johnson’s Island, Sandusky, whereupon they become subject only to the orders of the War Department.

In determining the punishment of prisoners great weight will be given to the opinion of the officers who examine the cases, and especially where they personally examine the prisoner. In every such case the appearance and manner of the prisoner should be noted, and in my own examinations that not unfrequently determines my judgment.

Prisoners will be held for the war when having taken up arms they have returned home, taken the oath and again taken up arms. When these facts appear the officer examining the case will make a memorandum on the papers with the sentence. Let it be at once noted on the prisoners’ book and a list of such without delay sent to Colonel Hoffman.

The most difficult class is where men have taken the oath and afterwards taken up arms. The circumstances and motives which have induced men to take the oath are so various, its influence so various, and then the circumstances of violating it so various and difficult to appreciate that each case will have its peculiarities. If practicable this class should have a personal examination and be attended to by the same officer, whose decision will be final.

The class who during the last year have taken up arms for the first time is distinct. My impression of them is unfavorable, and as a general rule they should be imprisoned for the war. Men who have withstood the effect of the early heat and zeal of the rebels and who have seen the evil effects of the war upon this State, and who at last went off when by the effect of enrolling orders they considered themselves forced to take one side, have proven themselves rebels. Many such pretend that they acted under sudden influences; but that is not so, for the influences have been operating daily since the war began. Yet there are some of this class who were so weak as to blindly follow others. Theirs, however, is a permanent blindness. My opinion therefore is that this class should be either imprisoned for the war or be banished to the free States.

There is a troublesome class, being those who are traitors at heart, but who not having committed any palpable acts yet have so encouraged the rebellion that they have been put under bonds, and after that have after an interval recommenced their first conduct. The difficulty with these is in getting at the proof. If such conduct is proven they should be imprisoned for the war and they should be noticed as proper subjects to be sent South.

Those concerned in marauding and going to Union men’s houses and taking their arms, pressing horses, &c., expelling Union men, supplying provisions to rebel bands, especially those concerned in small bands who have infested neighborhoods, and such other crimes as make them triable by a military commission, should be sentenced to imprisonment for the war and sent to Alton. But they should be noted on the rolls as triable, to be tried by a military commission. And all such cases should be entered on a list to be reported to headquarters for trial by a military commission.

It is important to know as soon as practicable if the evidence has been sent against each prisoner. And in every such case it should be called for at once. But to avoid unnecessary labor a number of cases could be reported to the same provost-marshal at the same time.

It is necessary to keep in sight the execution of each order given. Prepare regulation with Mr. Speak and he will secure this.

{p.112}

It is absolutely necessary that the prisoners’ book be made complete every day. It must be written up each night.

Proper rules and discipline for the prisoners is a subject of great importance, Brigadier-General Carr has in use certain good rules, but as the prison keepers and prisoners are under charge of this office it is necessary to give daily attention to the indexes of the prisons.

As at Alton they are prisoners of war it is necessary constantly to keep them in irons. I cannot parole my prisoners there. It is necessary to keep in view the strict rules of Colonel Hoffman as to the Alton Prison.

A subject of importance is the money and property affairs of the provost-marshals in the interior. Several of them have been reported as having collected money which they have not accounted for, and as yet other things have so engrossed the time of this office that this subject has not been properly looked after.

George Partridge, chief clerk, will continue in the exclusive charge of all evidence against prisoners. It will be kept in his custody. He will arrange and make proper indexes to it. Evidence will be obtained from and returned to him. It will be his duty to ascertain and note the cases that are ready for investigation and see that evidence is written for. He will especially keep in view those cases where the evidence cannot be procured so that no prisoner shall remain confined from oversight or neglect. All cases decided will pass through his hands, the decision noted by him and turned over to the order clerk to be carried out. It is his duty to keep a special docket or list, noting the cases for trial, the nature, sentence, &c. He will also as far as practicable examine the cases of prisoners. Orders for prisoners to be brought up for examination will be made up and executed by him. It is his duty to select out the cases that ought to be tried so as always to have ready in advance a sufficient number.

It is found to be necessary for the dispatch of business to fix hours when persons calling to inquire for prisoners can receive attention. From 9 to 10 and from 12 to 1 such persons will be referred to Mr. Partridge; and from 12 to 1 persons upon business can have access to any one in the office. As far as practicable during other hours persons calling will be required to state their object in writing and send it in by the messenger.

The examination of the cases of prisoners will be made by Captain Heath, Captain Allen, Lieutenant Howe and Mr. Partridge.

Where a case comes clearly within certain rules the officer having it will note the decision with the date and his name. Where the decision is a release it shall be at once executed. Cases of doubt or difficulty will be referred to me with a memorandum of the facts and recommendation.

Prisoners who have been longest confined should be first disposed of. There are some cases where there is neither charge nor evidence against the prisoner. It is important to hunt up such cases that their release may be ordered. Prisoners are being released every day because the evidence does not prove any act of disloyalty; but if it shows the prisoner to be in active sympathy with the rebellion it is proper to release such men in case they consent to leave the State for the war.

Persons released to remain in Missouri will be required to enroll in the Enrolled Missouri Militia, take the oath and give bond of $1,000 or more. Most releases are accompanied by oath or bond.

F. A. DICK, Lieutenant-Colonel and Provost-Marshal-General.

{p.113}

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OFFICE GRATIOT STREET MILITARY PRISON, Saint Louis, Mo., December 22, 1862.

Lieut. Col. F. A. DICK, Provost-Marshal-General, Department of the Missouri.

COLONEL: It becomes my duty to report to you the shooting by one of the guard on duty of a prisoner in the hospital at this post. It seems from what I can learn of the affair that William Lohmann (the prisoner killed) put his head out of the window and being ordered by the guard to take it in refused or at least did not do so, whereupon the guard fired his rifle at him, the bullet striking him between the eyes and killing him instantly. The instructions of the guard in such cases as given by Colonel Almstedt, commanding post of Saint Louis, are as follows:

Prisoners are positively forbidden to project their heads, arms or legs outside of the windows or to spit out of the windows, the sentinels being instructed to (after warning the prisoner offending) shoot at any prisoner violating this rule.

This order was immediately upon its receipt copied and copies posted on the walls in the halls and rooms of the prison so that no prisoner should through ignorance of the rules be in any danger of receiving a bullet from the guard unawares. This order was received at this prison November 21, 1862.

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

W. J. MASTERSON, Commandant of Prison.

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HEADQUARTERS U. S. PAROLED FORCES, Columbus, Ohio, December 23, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

COLONEL: I have the honor to inform you that your order to send the paroled prisoners to their respective regiments and commands was duly received and has been executed except in the case of stragglers and absentees who we continue to send off as they come in. The prisoners formerly in camp here with the exception of some 300 or 400 captured at Perryville on time 8th of October and subsequently at Harrodsburg and vicinity are all now on duty with their respective commands or on their way to join them. There is nothing insuperable or greatly inconvenient in removing from Camp Wallace to Camp Chase according to the order of the Secretary of War transmitted through you.* The principal loss in removing will consist in the buildings, hospitals, storehouses, &c., which General Wallace caused to be erected and which will be rendered useless for the present by the removal to Camp Chase. These buildings, however, can be generally taken down without great injury and removed to some other point where they are needed and put up again. The only other loss accruing from the removal is in the wood which has been purchased for the winter, and which in anticipation of hard roads and having been cut green might have a little time to dry before being used was provided in advance. There is about 1,200 cords on hand and the distance from Camp Wallace to Camp Chase (eight miles) is too great to justify its removal to the latter place. It can, however, probably be sold with but a small loss (what the delivery {p.114} will cost) to a railroad which passes within half a mile of the camp. Two regiments are removing from Camp Wallace to Camp Chase to-day and they will be followed by the others as soon as their quarters are cleaned and ventilated for their reception.

Very respectfully, yours,

JAMES COOPER, Brigadier-General.

* Camp. Wallace was established by General Lew Wallace as a camp for paroled soldiers organizing for service against Indians in the Northwest. General James Cooper was assigned to command on October 3, 1862.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 23, 1862.

J. B. KIMES, Esq., Philadelphia

DEAR SIR: Your letter of yesterday is just received, and I regret to say in reply that there is no alternative but for you to return to Richmond. The matter is entirely in the hands of the rebel Government, and it is for them to say on what terms you can be released. By the conditions of your parole you were to be exchanged for a certain-named person, and that person having made his escape from our custody it is for the party who paroled you to say on what further terms you can be released and no act of our Government can put the case in any other shape.

I have referred the matter to Colonel Ludlow and possibly when you see him he may be able to suggest some way of relieving you from a very painful position. It would give me great pleasure to announce to you your exchange or to do anything to bring it about speedily but it is not in my power to do anything.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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HEADQUARTERS CAMP OF INSTRUCTION, Benton Barracks, Mo., December 23, 1862.

Maj. H. Z. CURTIS, Assistant Adjutant-General, Saint Louis, Mo.

SIR: I inclose you two lists of paroled officers and enlisted men officially announced in General Orders, No. 191,* War Department, Adjutant-General’s Office, Washington, November 19, 1862, as exchanged. In accordance with my instructions Colonels Cromwell and Woods have furnished lists arranged to correspond with the various paragraphs of the general order. As paragraph 8 appears to be particular in its dates of 1st, 5th, 7th, 12th and 26th of September and 18th of October I have not included in these lists a number of men delivered to Captains Lazelle and Swan between the 12th and 26th of September, awaiting your further instructions.

Colonel Cromwell’s list which should have been signed by himself is signed by his adjutant, but to prevent delay in his absence I allowed it to be thus signed, but have directed the colonel to come to your office and give his own signature.

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

B. L. E. BONNEVILLE, Colonel, U. S. Army, Commanding.

* See Vol. IV, this Series, p. 735.

{p.115}

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HOLLY SPRINGS, December 23, 1862.

COMMANDING OFFICER, Grand Junction, Tenn.:

Arrest and return to this place all officers and men who may find their way to your post claiming to be paroled, and permit no one connected with the Army under any pretext to pass North without written authority from these headquarters, sending back under guard all who do not properly belong to your post.

By order of Maj. Gen. U. S. Grant:

JNO. A. RAWLINS, Assistant Adjutant-General.

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HEADQUARTERS ARMY OF THE POTOMAC, Office of the Provost-Marshal-General, December 23, 1862.

Brig. Gen. L. THOMAS, Adjutant-General U. S. Army.

GENERAL: By direction of the provost-marshal-general I have the honor to inclose descriptive lists* and paroles* of 463 prisoners of war captured in the recent battles at Fredericksburg and paroled for exchange at this office, who were sent into the enemy’s lines upon condition of a transfer arranged between Major-General Parke, on the part of the United States, and Lieutenant-General Longstreet, in behalf of the enemy. Two hundred and seventy-one U. S. prisoners of war paroled for exchange were delivered by the enemy into our possession. These have been forwarded through Lieutenant-Colonel Doster, provost-marshal at Washington, for entrance into the camp at Annapolis for paroled prisoners. Previous to this arrangement we as well as the enemy had sent a large number of prisoners of war to the rear-we to Fortress Monroe, they to Richmond, Paroles of prisoners to be exchanged are sent in duplicate, one copy being intended for the Adjutant-General’s Office, the other for such disposition as may be decided upon with reference to this anomalous transfer. Duplicates for the Adjutant-General’s Office of the parole papers of officers recently paroled at this office for exchange and of men paroled to remain within the loyal States are sent here, together with paroles taken by officers of the army apart from this office. A copy of the correspondence relating to the transfer of prisoners of war at Fredericksburg is also inclosed.

Very respectfully, your obedient servant,

J. P. KIMBALL, Assistant Adjutant-General.

* Omitted.

[Inclosure No. 1.]

HEADQUARTERS, Near Fredericksburg, December 16, 1862.

GENERAL COMMANDING U. S. FORCES, Opposite Fredericksburg.

SIR: I am authorized by General R. E. Lee, commanding Confederate forces, to express his desire that you send over to the late battlegrounds and collect the bodies of such officers and soldiers as may be left there. He also desires me to express his willingness to parole and return to you the prisoners taken since your passage of the Rappahannock.

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

JAMES LONGSTREET, Lieutenant-General, Commanding.

{p.116}

[Inclosure No. 2.]

HEADQUARTERS ARMY OF THE POTOMAC, Before Fredericksburg, December 16, 1862.

Lieut. Gen. JAMES LONGSTREET, Commanding Confederate Forces near Fredericksburg.

SIR: I am directed by the general commanding this army to acknowledge the receipt of your note of this morning delivered under flag of truce by Major Sorrel and to say that he will in accordance with the first proposition send over a party of a field officer and 100 officers and soldiers on our right at the position of the upper pontoon bridge to remove the dead and wounded of our troops who may remain on the field above the town. He proposes also to send a party of a field officer and 100 men on our left at the position of the lower bridges to remove those of our dead and wounded who may be there. The parties as it is now late in the day may be compelled to remain on the field possibly all night and perhaps for a short time in the morning in order to fully accomplish their mission. The parties will be detailed and sent on as soon as possible after the delivery of this reply to the officer of your staff who receives it. The general commanding further desires me to say that he will be glad to receive at any hour General Lee may designate at some place in front of the town the prisoners belonging to our troops now in your possession. The prisoners of your troops now in our-hands have been sent to the rear. Communication will be had with the rear at once, and if practicable the prisoners sent there will be returned without delay within your lines at the point most convenient for their delivery.

I am, very respectfully, your obedient servant,

JOHN G. PARKE, Major-General and Chief of Staff.

[Inclosure No. 3.]

HEADQUARTERS, Near Fredericksburg, December 16, 1862.

GENERAL COMMANDING U. S. FORCES, Opposite Fredericksburg.

SIR: By direction of Lieut. Gen. James Longstreet I have the honor to acknowledge receipt of your communication of this date. I am directed to inform you that such prisoners of your army as remain in our possession since your passage of the Rappahannock will be delivered to you to-morrow across the river at some convenient point near the city about the hour of noon.

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

G. M. SORREL, Major and Assistant Adjutant-General, C. S. Army.

[Inclosure No. 4.]

HEADQUARTERS ARMY OF THE POTOMAC, December 17, 1862.

GENERAL COMMANDING CONFEDERATE FORCES, Near Fredericksburg.

SIR: Your note by Major Sorrel, assistant-adjutant general, of yesterday has been received. Preparations will be made to receive the prisoners to be delivered at noon near Fredericksburg. The prisoners of your troops who remain in our possession since the passage of the Rappahannock will be delivered to you at the same place at or before {p.117} the same hour. The foregoing is communicated by direction of the general commanding. (A portion of the prisoners have been sent to Fortress Monroe.)

I am, very respectfully, your obedient servant,

JOHN G. PARKE, Major-General and Chief of Staff.

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WAR DEPARTMENT, Washington, December 23, 1862.

Hon. H. HAMLIN, President of the Senate.

SIR: In answer to the resolution of the Senate of yesterday’s date requiring me to inform the Senate “if citizens arrested by his authority, or by those acting under his authority, have been required before they could obtain their release from imprisonment to take an oath or give an obligation that they would not sue or bring an action for damages against those who arrested or caused them to be arrested,” I have the honor to state that no citizen has with my knowledge or by my authority been required to take an oath or give an obligation that they would not sue or bring an action for damages against those who arrested or caused them to be arrested. By order of this Department arrests and releases are committed to the supervision and direction of Major Turner, judge-advocate, and the resolution of the Senate having been referred to him his report upon the subject is herewith subjoined. When information of the cases mentioned in his report reached me directions were immediately given to make no such requirement in any case or under any circumstances.

With the exceptions mentioned by the judge-advocate I have no knowledge, information or belief that any persons arrested by order or authority of this Department have been released upon any terms or conditions but of taking the oath of allegiance to the Government of the United States, or upon parole or unconditionally.

I have the honor to be, your obedient servant,

EDWIN M. STANTON, Secretary of War.

[Inclosure.]

WAR DEPARTMENT, JUDGE-ADVOCATE’S OFFICE, Washington, December 23, 1862.

Hon. EDWIN M. STANTON, Secretary of War.

SIR: I have the honor to acknowledge the receipt from you of a resolution of the Senate of the United States of which the following is a copy:

IN THE SENATE OF THE UNITED STATES, December 22, 1862.

Resolved, That the Secretary of War be directed to inform the Senate if any citizens arrested by his authority or by those acting under his authority have been required before they could obtain their release from imprisonment to take an oath or give an obligation that they would not sue or bring an action for damages against those who had arrested or caused them to be arrested.

Attest:

J. W. FORNEY, Secretary

And as judge-advocate acting under your authority I respectfully report that no citizen or citizens have been required by me to take an oath or give an obligation before they could obtain their release from imprisonment “that they would not sue or bring an action for damages against those who had arrested or caused them to be arrested.”

{p.118}

There were four citizens imprisoned in the Old Capitol Prison, but not by any order or warrant from this office, charged with uttering and publishing treasonable and disloyal sentiments and discouraging enlistments, who before their discharge and at their own request and solicitation without any suggestion from me severally made oath among other things that he would not at any future time commence or cause any action or suit against the officers of any loyal State or of the United States for causing his arrest and imprisonment.

The facts and circumstances are as follows:

The four persons above alluded to are Messrs. D. A. Mahony, John H. Mulkey, D. Sheward and Andrew D. Duff, and the oath was sworn to November 11, 1862. Previous thereto they had been before me at my office for personal examination and the investigation of the charges against them, and on these occasions they had refused to take the oath of allegiance unconditionally and to support the Government in its efforts to crush the rebellion. By reason thereof they were not discharged, while others were discharged who took the oath of allegiance unconditionally.

About the 9th or 10th of November last I was informed by the friends of the said prisoners that they were willing to take the oath of allegiance unconditionally, and I immediately requested the superintendent of the Old Capitol Prison to bring them to my office. This I think was the evening of the 9th of November, and they were to be brought to my office the next day.

The next morning I received a letter from the U. S. marshal of Illinois advising me that certain persons who had been discharged and upon heavy bonds conditioned for loyalty and good citizenship were commencing criminal and civil proceedings against the persons who were in anywise connected officially in that State in making the charges and arrests, thereby hindering and deterring public officers from executing the laws and orders of the Government. Upon the receipt of this letter I informed the superintendent of the Old Capitol Prison and Judge Mason (the counsel or friend of the prisoners) that inasmuch as the said four persons were from the same section of country as those who were instituting suits to harass and intimidate public officers and were also their associates in the Old Capitol Prison I must postpone their discharge till further consideration.

This determination to defer the release temporarily was communicated to the four prisoners as I infer by Judge Mason or the superintendent, because the afternoon of the same day the said prisoners sent word to me by the superintendent that they were not only willing to take the oath of allegiance unconditionally but also desired to make oath that they would not annoy and harass public officers by vexatious suits, as Mehaffy and O’Dell had done.

I accordingly drafted the form of an oath as suggested by them and sent it by the superintendent for their consideration. The next day (November 11) the four persons came to my office and said the oath was according to their suggestion and met their approbation, and they severally subscribed and swore to it before me.

I report therefore that the oath of allegiance with the clause not to commence suits was inserted at their express request and solicitation to have it inserted and without any request or suggestion from me.

This is the only oath with such a clause inserted that I ever administered, and this was done at the request of those making the oath.

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

L. C. TURNER, Judge-Advocate.

{p.119}

Inclosed copy of oath as administered.

I, ___ ___, of ___, do solemnly swear that I will support, protect and defend the Constitution and Government of the United States against all enemies whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same any ordinance, resolution or law of any State convention or legislature to the contrary notwithstanding; and further that I do this with a full determination, pledge and purpose without any mental reservation or evasion whatsoever; and further that I will neither enter any of the States now in insurrection against the authority of the Federal Government nor hold any correspondence whatever with them or with any person in them during the present rebellion without permission of the Secretary of War; and that I will in all things deport myself as a good and loyal citizen of the United States; and that I will not at any future time commence or cause any action or suit against the officers of any loyal State or of the United States for causing my arrest or imprisonment: So help me God.

Sworn to and subscribed before me this 11th day of November, 1862.

L. C. TURNER, Judge-Advocate.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 23, 1862.

Lieut. Col. W. H. LUDLOW, Agent for Exchange of Prisoners, Fort Monroe, Va.

COLONEL: I inclose herewith a number of letters* urging individual exchanges, military and civil, together with some small rolls.* You will find the names of those mentioned in the letters on the rolls prepared in this office, except where there is a roll with the letter. Please notice the indorsement on the letter of Major Turner with names of prisoners at Camp Chase who refuse to be released on parole. I send by the mail the rolls received from Corinth. I have telegraphed to Generals Grant, Rosecrans and Tuttle, commanding in the Southwest, to forward receipted rolls of prisoners delivered at Vicksburg or elsewhere as soon as possible.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

* Not found.

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GENERAL ORDERS, No. 115.}

HDQRS. DEPARTMENT OF THE GULF, New Orleans, December 23, 1862.

Upon consultation with Maj. Gen. B. F. Butler and with his concurrence and advice the commanding general directs as follows:

First. The following-named persons will be released from arrest immediately upon the receipt of this order at the posts at which they are confined and upon their giving parole not to commit any act of hostility to the United States or render any aid or comfort to the enemies of the United States during the existing war:

At Ship Island.-James C. Batchelder, William H. Sheppard, Fred. Losberg, Aaron H. Dale, Eugene Morris, H. M. Wright, P. E. Wiltz, jr., B. F. Perry, L. J. Dodge, Joseph Bloom.

Fort Saint Philip.-Martin Fallor.

{p.120}

Fort Jackson.-Peter Keveny, W. J. Delano, G. H. Stewart, Michael Bowen, L. Delpit, J. M. West, Charles Hobdy, John Hickey.

Fort Pike.-Dr. Theodore Clapp.

Fort Pickens.-J. Dacres, E. N. Rossey, Doctor Booth, C. Morse, D. C. Lowber, C. B. Metcalf, R. Crosby, A. N. Baker, J. Creen, G. T. Grinnell, R. W. Porter, J. Corbitt, J. H. Huckins, C. Bacon, W. Kelly, A. Forsyth, N. Bauber, W. Cush, E. A. Hamilton, J. D. Kermey.

Parish prison of Parish of Orleans.-Hermogene Perry, Leonard Marins, L. Collis, girl of Mrs. Comes, John Louistella, N. Bonaparte, G. Morngenstine, James Cunningham, Thomas Riley, Andrew of Reed, John Short, K. S. Derrickson, J. J. Mitchell, M. Coudon, Didui, f. m. c., George of Williamson, Jim, Captain Maurin, A. Catching, T. Hargis, John Williams, William Miller D. Scully, W. Hamilton, A. Bulger, James Gariltaldy, Nelson (slave), S. Roberts, Alfar of Cosby, Joseph Raffle, Levy Keys, A. Lucotte, Robert Phillips, W. Hunter, J. Donahue, C. Horran, R. Allen, Sam. Peters, J. Fremaux, V. Fonin, W. E. Niles, John Newille, Peter Finn, James Haherty, James Doherty, J. Sheriden, J. J. Foley, J. Capdeville, D. Graig, S. Boydet, William Buckley, John Denis, A. Reider, John G. King, W. Pulton, M. Eagan, William Jones, P. Swett, Tim. Haley, John Mooney, Pelise Boyle, C. Wilcox, N. Doyle, J. Herod, Ed. Green, Joseph Levy, Tim. Knight.

Second. The following-named persons will be released from arrest upon taking the oath of allegiance to the United States:

At Ship Island.-James Beggs, Michael Murphy, Frederick A. Taylor, P. E. Wiltz.

At Fort Pickens.-John T. Monroe.

By command of Major-General Banks:

RICHARD B. IRWIN, Lieutenant-Colonel and Assistant Adjutant-General.

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HEADQUARTERS DISTRICT OF WESTERN VIRGINIA; Marietta, Ohio, December 24, 1862.

Maj. N. H. MCLEAN, Assistant Adjutant-General, Department of the Ohio.

SIR: I have the honor herewith to transmit report of Maj. J. Darr, jr. provost-marshal-general for the District of Western Virginia, upon the order* from War Department, inclosed.

Very respectfully, your obedient servant,

J. D. COX, Major-General, Commanding.

* See Wolcott to Wright, December 5, 1862, p. 43.

[Inclosure.]

OFFICE PROVOST-MARSHAL-GENERAL, STATE OF VIRGINIA, Wheeling, December 19, 1862.

Maj. G. M. BASCOM, Assistant Adjutant-General.

SIR: I have the honor to state in reply to demand for information concerning the arrest and detention of citizens of the State of Kentucky not taken in arms that I have at no time arrested or caused to be arrested or held in custody any such citizens of Kentucky. Information on that subject can be obtained of Maj. R. M. Corwine, aide-de-camp, Cincinnati, Ohio, and the commanding officer at Camp Chase, Ohio.

Very respectfully, your obedient servant,

JOS. DARE, JR., Major and Provost-Marshal-General.

{p.121}

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 24, 1862.

Maj. Gen. S. R. CURTIS, Commanding Department of the Missouri, Saint Louis, Mo.

GENERAL: I have the honor to acknowledge the receipt of letters from Brigadier-General Loan and others in relation to the exchange of Lexington, Mo., prisoners, referred by you to this office. My letter of the 18th instant will have advised you of the steps already taken to secure the exchange of these prisoners. In the meantime it of course will not be proper for officers or soldiers who were paroled at that time to enter upon active service, nor would it be advisable to discharge any of these men while waiting for this exchange, which there is little doubt will be effected within two or three weeks.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE PROVOST-MARSHAL-GENERAL, Wheeling, December 24, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners.

SIR: I have the honor specially to report the receipt of a prisoner of war sent here by Brigadier-General Crook in the shape of a female wearing male apparel charged as a spy for the rebels, arrested in the streets of Charleston, Va. Her statements are contradictory, at one time asserting she was in the rebel army, at another time affirming she served with the Twenty-third Kentucky Volunteer Infantry, U. S. Army. She is a coarse-looking creature, scarcely answering the description of la fille du regiment. I have placed her in the Ohio County jail for the present, ordered clothes for her suitable to her sex, and await your order regarding her.

Very respectfully,

JOS. DARR, JR., Major and Provost-Marshal-General.

[Indorsement.]

Respectfully referred to Colonel Doster, provost-marshal, to know if he can provide for the within-named woman in the Old Capitol Prison if she is ordered to this city. Please return this letter.

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

[Inclosure.]

A FEMALE SOLDIER IN CUSTODY-AN EVENTFUL CAREER.

Among the prisoners brought up yesterday on the steamer Bostona, No. 2, was the somewhat famous female soldier, Harry Fitzallen, of whom our readers have doubtless heard something through the Cincinnati papers. Harry, who was dressed in a tightly-fitting cavalry uniform, was taken to jail yesterday soon after his arrival, when the provost-marshal, Major Darr, with a view of ascertaining if possible the truth in relation to the charge that has been made against Harry of being a rebel spy, held an interview with her. During the conversation she said her name was Marian McKenzie. She was born in Glasgow, Scotland. Her mother died when she was an infant and her father removed {p.122} with her to this country when she was only four years old. Her father dying a short time after reaching New York Marian was left alone upon the world and managed to make her living in various ways, as she expressed it. She educated herself and studied for the stage but finding the profession of an actress not exactly suited to her taste she traveled about from place to place engaging in divers employments. Shortly after the breaking out of the war she enlisted in a Kentucky regiment at Newport and served two months. Upon her sex being discovered she had to quit. She enlisted several times after this in as many different regiments and was several times arrested. The last time she was arrested in Charleston, Kanawha County, in men’s apparel by the provost-marshal. She says that she has brothers and sisters residing in Canada. Upon being asked what part of Canada her relations inhabited she declined to answer, saying: “This sensation will have publicity enough if it has not already and I do not wish the innocent to suffer for the guilty.” When told that she would be detained until her statements could be corroborated she said: “Very well, I cannot help it. The only way in which I have violated the law is in assuming men’s apparel. The injury that I have done is principally to myself.” She speaks fluently and uses the best of language, and is evidently an educated woman, well skilled in the iniquities of the world. She visited this city about three years ago under the name of Miss Fitzallen and in the character of a prostitute. She says she went into the army for the love of excitement and from no motive in connection with the war, one way or another. She is about twenty-five years of age, very short and very thick. She has heretofore acknowledged that she has been engaged in the rebel service but now denies the soft impeachment. As there are several suspicious circumstances connected with the case Harry will be furnished with appropriate clothing and detained until all doubts are removed.

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HEADQUARTERS, Camp Chase, December 24, 1862.

Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

COLONEL: By order of Brigadier-General Cooper I will be relieved of the command of this post to-morrow. I am notified that the guard and prison will remain under my control but at the same time constitute a part of General Cooper’s command. I have respectfully to ask specific instructions as to how far this control will extend as to the reception and discharge of prisoners, the control of their funds and generally such information as will enable the commandant of the post and myself to draw the line between our several duties.

I am, very respectfully, your obedient servant,

PETER ZINN, Major First Battalion of Governor’s Guards, Comdg. Post.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 25, 1862.

Capt. H. M. LAZELLE, Asst. to Commissary-General of Prisoners, Washington, D. C.

CAPTAIN: You will proceed immediately to Camp Chase and make an inspection into the condition of the prison at that camp. Examine {p.123} into everything that relates to the condition of the prisoners, their clothing, their provisions, personal cleanliness, the supply of bedding, the general police of the prison, and into all matters that have a bearing upon the measures taken to provide for their welfare and safekeeping. Make a detailed report upon these points and also upon the number of prisoners held there, the character of the charges against them, and whether it would be advisable to send any or how many to the depot on Johnson’s Island, Sandusky Bay. Having performed this service you will report in person at this office.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 26, 1862.

Lieut. Col. GEORGE SANGSTER, Commanding Camp Parole, Annapolis, Md.

COLONEL: If there are any exchanged prisoners at Camp Parole belonging to regiments serving in the West you will send them to their regiments without delay under the instructions heretofore given you, as you will also any that may arrive at your camp hereafter. Governor Kirkwood, of Iowa, will visit your camp to consult you about the men from his State. In all cases when you forward men under a non-commissioned officer or a private you will report by mail to the commander of the camp to which they are ordered the number of the party and the day of their departure.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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FORT HAMILTON, N. Y. Harbor, December 26, 1862.

Brig. Gen. L. THOMAS, Adjutant-General U. S. Army, Washington, D. C.

SIR: Inclosed please find a package of papers which were received with eleven prisoners who were sent from Key West, Fla., to Fort Lafayette. I would respectfully request that the attention of the judge-advocate be called to the documents, as they give the history of the prisoners.

I am, very respectfully, your obedient servant,

MARTIN BURKE, Lieutenant-Colonel Third Artillery.

[Inclosure No. 1.]

HEADQUARTERS, Island of Key West, Fla., December 10, 1862.

COMMANDING OFFICER, Fort Lafayette, New York Harbor:

The inclosed information respecting the within-named twelve prisoners is taken from the records and evidence at this office. I therefore beg respectfully to forward it.

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

JOS. S. MORGAN, Colonel Ninetieth New York Regiment, Commanding Post.

{p.124}

[Inclosure No. 2.]

SPECIAL ORDERS, No. 11.

HEADQUARTERS U. S. FORCES, FORT PULASKI, KEY WEST, &C., August 12, 1862.

Whenever any vessel shall be brought into the port of Key West, charged with breaking or attempting to break the existing blockade of the rebel coasts, upon the condemnation of such vessel as a prize and the discharge of its officers and crew by the civil authority all persons captured on such vessel who cannot show satisfactorily that they are not citizens of the United States shall be immediately arrested by the commandant of the post of Key West and kept in close custody, their arrest being reported at once to the brigadier-general commanding. Should any such person pending adjudication in the case of the vessel be permitted to go at large the commandant of the post will arrest him if he consider it necessary to prevent his escape and keep him in custody until the discharge or condemnation of the prize, when they will be dealt with according to the directions of this order.

By order of Brig. Gen. A. H. Terry:

THEODORE BACON, Captain, Seventh Connecticut Volunteers, Actg. Asst. Adjt. Gen.

[Inclosure No. 3.]

HDQRS. U. S. FORCES, FORT PULASKI, KEY WEST, &C., Hilton Head, October 3, 1862.

Col. JOSEPH S. MORGAN, Ninetieth New York State Volunteers, Comdg. Post at Key West.

COLONEL: I have the honor to acknowledge the receipt of your communications of August 30 and September 10 and 13, reporting the arrest of certain citizens of the United States who were captured on board prize vessels attempting to violate the blockade. The major-general commanding the department has directed that all the persons whose arrests are reported shall be sent to Fort Lafayette, N. Y. You will send with the prisoners a copy of Special Orders, No. 11, from these headquarters, a statement of the facts in regard to each of them and a copy of this letter. I am instructed that a report in regard to the whole matter will be made to the honorable Secretary of War from the headquarters of the department.

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

ALFRED H. TERRY, Brigadier-General, Commanding.

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EXECUTIVE MANSION, Washington, December 26, 1862.

Honorable SECRETARY OF WAR.

SIR: Two Ohio regiments and one Illinois regiment [which] were captured at Hartsville have been paroled and are now at Columbus, Ohio. This brings the Ohio regiments substantially to their homes. I am strongly impressed with the belief that the Illinois regiment better be sent to Illinois where it will be recruited and put in good condition by the time they are exchanged so as to re-enter the service. They did not misbehave as I am satisfied, so that they should receive no treatment nor have anything withheld from them by way of punishment.

Yours, truly,

A. LINCOLN.

{p.125}

[Indorsement.]

COLONEL: Please add the accompanying letter to the papers I left with you a few moments ago.

Yours,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

This letter has not been laid before the Secretary.

W. H.

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HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, December 26, 1862.

Col. JOHN S. CLARK, Provost-Marshal-General, Department of the Gulf.

COLONEL: In answer to your letter of the 25th instant the commanding general directs me to say that your suggestions are approved. The orders heretofore given to you to send certain paroled prisoners to the enemy’s lines will therefore include all such prisoners now in the Department of the Gulf excepting such as wish to remain and take the oath of allegiance and also such as cannot safely on account of wounds or ill-health be removed.

Very respectfully, your obedient servant,

[RICHARD B. IRWIN,] Lieutenant-Colonel and Assistant Adjutant-General.

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SAINT PAUL, December 27, 1862.

The PRESIDENT OF THE UNITED STATES:

I have the honor to inform you that the thirty-eight Indians and half-breeds ordered by you for execution were hung yesterday at Mankato at 10 a.m. Everything went off quietly and the other prisoners are well secured.

Respectfully,

H. H. SIBLEY, Brigadier-General.

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ATTORNEY-GENERAL’S OFFICE, December 27, 1862.

Hon. E. M. STANTON, Secretary of War.

SIR: On the 8th instant I received certain papers relative to the application of a certain negro slave to Major-General Rosecrans, commanding the Army of the Cumberland, for “free papers.” Major-General Rosecrans having referred this application to the Adjutant-General for “the decision of the Secretary of War” it is inclosed to me with the following indorsement:

Respectfully referred to the Attorney-General of the United. States for his opinion.

By order of the Secretary of War:

CHAUNCEY MCKEEVER, Assistant Adjutant-General.

The law makes it my duty to give my advice and opinion to the heads of Departments when requested by them upon questions of law touching any matters that may concern their Departments. Although it has been the invariable practice of the heads of Departments to ask {p.126} the advice of the Attorney-General by direct communication from themselves, stating the facts upon which the question arises and the question itself, I am yet bound to suppose that the reference of these papers to me by Mr. McKeever “for my opinion” was by your order. I therefore waive the question of the propriety of this method of asking my opinion.

But as no question is stated “by your order” for my opinion, and as I have no means of ascertaining the point upon which you desire my advice and as moreover I am unable to perceive from the papers that any question which might be extracted from them “concerns the Department” over which you preside, I do not think that I have any legal authority to search the papers for a point on which to give an opinion. I therefore have the honor to return them to you.

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

EDWARD BATES, Attorney-General.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 27, 1862.

Maj. Gen. H. G. WRIGHT, Commanding Department of the Ohio, Cincinnati, Ohio.

GENERAL: In reply to the letter of Surg. C. McDermont, medical director, Right Wing, Fourteenth Army Corps, referred to this office, I have the honor to state that the circumstances under which the sick and wounded referred to by Doctor McDermont were delivered are such as to make it right and proper that all should be considered as on parole though a part of the number did not through an oversight give their individual paroles. Their names will be sent to Colonel Ludlow, agent for the exchange of prisoners, to be included in the next exchanges.

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

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 27, 1862.

Lieut. Col. W. H. LUDLOW, Agent for Exchange of Prisoners, Fort Monroe, Va.

COLONEL: I inclose herewith further rolls* of prisoners for exchange. In relation to the twenty-seven prisoners referred to in Doctor McDermont’s letter* herewith inclosed I have written to General Wright that they should be considered as on parole and that I would refer the names to you for exchange. I have recently learned that Capt. John W. Alley, of the Third U. S. Infantry, who was taken at Brownsville, Tex., in April, 1861, has not been exchanged. Will you be kind enough to put his name on your rolls and effect his exchange as early as possible.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third infantry, Commissary-General of Prisoners.

* Not found.

{p.127}

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FORT MONROE, December 27, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners:

No Confederate prisoners who have taken the oath of allegiance should be sent South against their will. They would be immediately impressed into the Confederate military service. It is best to set them at liberty.

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

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OFFICE U. S. MILITARY COMMANDER, Detroit, December 27, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: Nineteen men of the Fifteenth Michigan Infantry, captured at Corinth 2d and 3d of October, and some of the Third Cavalry and Twelfth Infantry same days; some fifty-odd men captured by Morgan’s men on the Lexington turnpike and three or four other squads of two or three captured at different places-I cannot determine whether they are exchanged or not. On reading your letter to Colonel Duffield I made up my mind that all Michigan troops were exchanged, for you said in that letter: “An order will be published to-morrow or next day announcing all the recent exchanges according to the place of capture, and it is intended to cover all our paroled troops up to 11th of November, exclusive of a few at Harper’s Ferry.” You further state: “The exchanges are fully perfected and the announcement is in the order relieving every officer and soldier from responsibilities of his parole, ... and covers all classes.” On reading the above I was convinced that all our Michigan troops were exchanged who had been captured prior to the 11th of November. But yesterday Capt. James E. Mackey, of Fourteenth Michigan Infantry, showed me a letter from your office declaring that he was not exchanged. He was left sick with one or two men down toward Tuscumbia somewhere and picked up. I had announced in orders that all Michigan troops were paroled and had given other orders for their movement, but Captain Mackey’s letter throws me all back. What can I depend upon as regards those I have mentioned above? Please give an early answer.

Very truly, yours,

J. R. SMITH, Lieutenant-Colonel and Military Commander.

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FORT MONROE, December 28, 1862.

Hon. E. M. STANTON, Secretary of War:

In view of the recent proclamation of Jeff. Davis directing that no commissioned officer of the United States taken prisoner shall be released on parole before exchange until General Butler is punished shall not all Confederate commissioned officers taken prisoners be detained instead of being forwarded as usual for exchange? I shall go to City Point to meet Mr. Ould immediately after the 1st of January. Do you wish to see me at Washington before I go?

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

{p.128}

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WASHINGTON, December 28, 1862.

Colonel LUDLOW:

You will not make any exchange of commissioned officers until further instructions and come to Washington previous to going to City Point.

EDWIN M. STANTON, Secretary of War.

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HEADQUARTERS CAMP OF INSTRUCTION, Benton Barracks, Mo., December 28, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners, Washington, D. C.:

In answer to your telegram asking for the number of paroled men at this camp not now exchanged I have the honor to inform you that there are 501 reported present and 410 absent without leave. Many of these have been captured in small squads by guerrillas. I will forward you in a few days complete lists of those men giving information of when and where captured and where paroled, &c.

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

B. L. E. BONNEVILLE, Colonel, U. S. Army, Commanding Post.

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HEADQUARTERS ARMY OF THE POTOMAC, Office Provost-Marshal-General, December 28, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: I have the honor to send you by direction of the provost-marshal-general the parole papers* received from the enemy in the recent transfer of prisoners of war captured by both forces and paroled for exchange, the enemy returning into our lines 271 of our men whom they captured, we into theirs 463 captured by us, the rest on both sides having been sent to the rear previous to this arrangement. The number paroled for exchange sent from this office to Fort Monroe was 107. The officers and men paroled by the enemy have been already forwarded to you for disposal through Captain Forsyth, provost-marshal, Aquia Creek, and Lieutenant-Colonel Doster, provost-marshal, Washington, successively, In pursuance of General Orders, No. 163, War Department, descriptive rolls of the prisoners paroled for exchange at this office sent beyond the lines and paroles of all prisoners have been duly forwarded to the Adjutant-General’s Office, together with a copy of the correspondence between Major-General Parke in behalf of the U. S. Army and Lieutenant-General Longstreet in behalf of the enemy, relating to the above-mentioned transfer.

Very respectfully, your obedient servant,

J. P. KIMBALL, Assistant Adjutant-General.

* Not found.

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PHILADELPHIA, December 28, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

DEAR SIR: I inclose a petition drawn up by myself while incarcerated in the military prison at Tupelo, Miss., and signed by thirty-seven others, my fellow-prisoners. In the good providence of God I {p.129} escaped. My fellow-prisoners were not so fortunate and I since learn that the majority of them were executed. Would you be so kind as to reply to our petition that I may publish it for the benefit of others who are suffering in the dungeons of the South for their Union sentiments? By so doing you will much oblige,

Your friend and fellow-citizen,

JOHN H. AUGHEY.

[Inclosure.]

CENTRAL MILITARY PRISON, Tupelo, Itawamba County, Miss., July 11, 1862.

Hon. WILLIAM H. SEWARD.

DEAR SIR: A large number of citizens of Mississippi holding Union sentiments and who recognize no such military usurpation as the so-called Confederate States of America are confined in a filthy prison swarming with vermin and are famishing from hunger, sufficient quantity of food not being furnished us. We are separated from our families and suffered to hold no communication with them. We are compelled under a strong guard to perform the most menial services and are insulted on every occasion by the officers and guards of the prison. The nights are very cool and we are furnished with no bedding and are compelled to lie down on the floor of our dungeon, where sleep seldom visits us till exhausted nature can hold out no longer. Then our slumbers are broken, restless and of short duration. Our property is confiscated and our families are destitute of the necessaries of life, all that we have, yea, all their living, being seized upon by the Confederates and converted to their own use. Heavy fetters are placed upon our limbs and daily some of us are led to the scaffold or to death by shooting. Many of us are forced into the Army, instant death being the penalty in case of refusal, “thus constraining us to bear arms against our country, to become the executioners of our friends and brethren or to fall ourselves by their hands” These evils are intolerable and we ask protection through you from the United States Government. The Federal Government may not be able to release us, but we ask protection which the Federal prisoner receives. Were his life taken swift retribution would be visited upon the rebels by a just retaliation; a rebel prisoner would suffer death for every Federal prisoner whom they destroyed. Let this rule hold good in the case of Union men who are citizens of the South. The loyal Mississippian deserves protection as much as the loyal native of Massachusetts. We ask also that our confiscated property be restored to us or in case of our death to our families. If it be destroyed let reparation be demanded from the rebels or the property of known and avowed secessionists sequestered to that use. Before this letter reaches its destination the majority of us will have ceased to be. The writer has been informed by the officers that “his chances for living long are very slender;” that he has confessed enough to cause him to lose his life, and the judge-advocate has specified Tuesday, the 15th instant, as the day of his execution. We have therefore little hope that we individually can receive any benefit from this petition, though you regard it favorably and consent to its suggestions, but our families who have been so cruelly robbed of all their substance may in after time receive remuneration for their great losses. Amid if citizens of avowed secession proclivities who are within the Federal hues are arrested and held as hostages for the safety of Union men who are and may hereafter be {p.130} incarcerated in prison in Tupelo and elsewhere the rebels will not dare to put another Union man to death.

Hoping that you will deem it proper to take the matters presented in our petition under advisement, we remain, with high considerations of respect and esteem, your impressed and imprisoned fellow-citizens,

JOHN H. AUGHEY. BENJAMIN CLARKE. JOHN ROBINSON. [And 37 others.]

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BENTON BARRACKS, Saint Louis, December 29, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners:

Are deliveries of prisoners made at Vicksburg from the 1st of September to the 18th of October exchanged?

B. L. E. BONNEVILLE.

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WAR DEPARTMENT, Washington, December 30, 1862.

Major-General CURTIS, Saint Louis:

No officers, prisoners of war will be released on parole till further orders.

H. W. HALLECK, General-in-Chief.

(Same to General Wright, Cincinnati; General Rosecrans, Nashville; General Grant, Mississippi; General Dix, Fort Monroe; General Foster, New Berne, via Fort Monroe-General Schenck and General Banks.)

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 30, 1862.

Maj. Gen. H. G. WRIGHT, Commanding Department of the Ohio, Cincinnati, Ohio.

GENERAL: I am directed by the General-in-Chief to say that he does not think it proper that an officer on parole should command at Camp Douglas, Chicago, Ill., and he desires that you select an available and suitable officer to relieve Col. Daniel Cameron, Sixty-fifth Illinois Volunteers, who is now in command.

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

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 30, 1862.

Maj. JOSEPH DARR, Jr., Provost-Marshal-General, Wheeling, Va.

MAJOR: In reply to your letters of the 24th and 25th instant asking for instructions in relation to a female prisoner I have to say that the only offense charged against her of which the Government should take {p.131} notice is that of being a spy; and to hold her for this offense it is necessary that some definite act which can be established by reliable testimony should have been committed by her. If such charge can be made with any reasonable probability of being established prepare it in due form, giving time and place, and with the names of the witnesses and what they know and any other testimony you may have submit it to this office. If no such charges can be made release her.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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SAINT LOUIS, December 30, 1862.

COMMANDING OFFICER FIFTH MISSOURI CAVALRY, Helena, Ark.

SIR: General Holmes, commanding the rebel forces of the Trans-Mississippi Department, in an official communication from Little Rock December 8, 1862, states that “Robert Craig, a private of the Fifth Missouri Cavalry, having been taken prisoner and paroled has been again taken prisoner by the forces under my command without any evidence of his having been exchanged.” This if correct places Craig in a most unfortunate position and demands attention. I will thank you to look into the matter and report to me at your earliest convenience all the facts in the case of which you are apprised. I would suggest also that you bring the case to the attention of the general commanding at Helena, that it may be the subject of explanation between the opposing forces if opportunity arises.

Very respectfully, your obedient servant,

F. A. DICK, Lieutenant-Colonel and Provost-Marshal-General.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 31, 1862.

Brig. Gen. J. H. MARTINDALE, Commanding, Washington.

GENERAL: Lieutenant-Colonel Ludlow, agent for exchange of prisoners, informs me that there is some doubt whether there will be any further exchanges of officers and he desires that no more rebel officers be sent to Fort Monroe for exchange until this question is decided.

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

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 31, 1862.

Col. J. R. SMITH, Military Commandant, Detroit, Mich.

COLONEL: Your letter of the 27th instant is just received and I beg to say in reply that in my letter to Colonel Duffield I spoke of the exchanges which I expected the order to cover, “according to the place of capture,” and it was not intended that the letter should be understood as announcing any exchanges except so far as it was specified. Captures had been made at many places which I know nothing {p.132} about which were not covered by the order. I explained that the exchanges had been fully perfected in order that all might know that the order relieved them from all responsibilities and that a certificate of exchange was not necessary. Of course none can serve whose exchange is not announced in the order (191), a copy of which I forwarded to you as soon as it was issued.

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

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 31, 1862.

Maj. PETER ZINN, Commanding Camp Chase Prison, Columbus, Ohio.

MAJOR: In reply to your letter of the 22d instant reporting the cases of prisoners charged with violating their oaths and one case reported as a spy, I have to say that as the first step for such and all similar cases you should ascertain by a careful examination of the witnesses or such written testimony as you may have whether a clear and distinct charge as to the facts (alleged), with time and place, can be presented with a probability of being sustained, and when it appears that a charge can be established it should be drawn up in due form with specifications and submitted with the names of the witnesses and what they know and any written testimony you may have to the proper authorities through this office. If there is not sufficient testimony to warrant a trial make a report in each case giving all the information you have. It may be necessary in some cases to obtain the details of the case from the officer making the arrest. In reporting cases of rebel deserters give all the details of their desertion as far as they are known to you, that there may be no doubt of the position they occupy.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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COLUMBUS, OHIO, December 31, 1862.

Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

COLONEL: In obedience to instructions received at the office of the commissary-general of prisoners dated December 25, 1862, I have the honor to inform you that I proceeded immediately to Camp Chase, near this point, and made an inspection of the prison at that place with a view of ascertaining its condition and as a result of that examination I respectfully submit the following report:

Upon my arrival I found in immediate command of the prison Maj. Peter Zinn, of the First Battalion, Governor’s Guards, Ohio volunteers. On the 29th instant this officer, resigning his commission in the Army, relinquished his command to the senior officer next to him of that battalion, Capt. E. L. Webber, who now has control of the prison under the general orders of the commanding officer of Camp Chase, Colonel Kautz, of time Ohio volunteer service, who is under the orders of Brigadier-General Cooper, of the U. S. volunteer service, headquarters at Columbus. The prisoners at Camp Chase, 266 in number, {p.133} political and military, are all confined in the prison known as Prison No. 2. It is inclosed by a firm, high, double-board fence, in excellent repair. Near the top of this and overlooking completely all of the inside of the prison balconies are arranged upon which are constantly posted eight sentinels, whose beats afford a complete survey of the whole interior. At night two additional sentinels are placed on each of the four sides of the walls on the outside of the prison and at a distance of about thirty feet from it. In the four corners of the prison on the inside and at time four corners on the outside at the end of the beats of the sentinels are placed lights at night of the same character as the ordinary street lights, thus placing the whole prison at all times under the surveillance of the guard and in my opinion insuring time complete security of the prisoners at all times. The guard from the prison is daily detailed from the First Battalion of Governor’s Guards to which is assigned time special duty of the security of the prisoners. It is at present commanded by Capt. E. L. Webber, and its organization and strength are fully detailed in a consolidated morning report marked A* inclosed. I desire especially in this connection to call your attention to an indorsement placed upon this report by Major Zinn.

The prison will readily and comfortably accommodate 350 prisoners and as will be seen from the present number of inmates it is not at all crowded. The barrack and hospital accommodations are in excellent condition both as regards police and repair, with two or three slight exception is in the roofs of these buildings which I directed to be remedied. The frequent whitewashing of the quarters, fence and sinks has been neglected. It is desirable that it should be done at once. Time prison is generally speaking quite well drained, though material changes are needed to make it complete in arranging and grading time drains. Raised walks and roadways have been made in the prison which if the ground was firm and made of gravel or clay mixture would retain their shape and answer the purpose for which they were designed, viz, to promote drainage and present so far as possible a hard surface to the foot or the passage of wagons; but the site of the prison is on low ground not easily drained and the soil is of a soft, loamy character which in wet weather absorbs and retains the moisture, rendering at such times the interior of the prison exceedingly disagreeable from the accumulation of mud. For this reason too the proper police and cleanliness of the floors of the quarters in wet weather is next to impossible. From causes already referred to it is obvious that the ground would except in long continued dry weather be damp and that the floors of the buildings placed very near it would also be so and for that reason unhealthy. The floors of both the barracks and hospital have been laid close to the ground, but a few inches separating their surfaces from it, and the vertical walls of these buildings extending below the floors generally to the ground prevents the circulation of air under the floors and as a consequence they are almost always damp. To insure dry barracks and hospital accommodations and a dry interior of the prison the floors should be raised at least one foot from the earth, the portion of the walls projecting vertically below them sawed off and the walks and the roads of the prison covered with a layer of gravel to a proper depth. As all this could be readily done at an expense not exceeding $300 and as this sum is much less than the present amount of the prison fund I have in obedience to your order directed it to be immediately done and that the roads and walks should be properly graded as well as the drains and sewers.

{p.134}

I have also directed the constant and free use of lime which has been seldom if ever distributed as it should be. The prison is infested with rats which make their hiding-places under the floors, so that if those were raised as described the number would undoubtedly greatly diminish. No objection has ever been made by the authorities against the destruction of these vermin by the prisoners. On one occasion, however, a large number of the prisoners armed themselves with clubs with the intention they stated of killing rats, but the officer in charge of the guard very properly suspecting other designs, since the rats could readily retreat under the buildings, caused the clubs to be taken from the prisoners. Camp Chase has been infested in all parts by immense numbers of rats, and from inquiries among officers I am satisfied that the prison is quite as free from them as other parts of the occupied quarters and camp ground.

The prison is well policed daily under the direction of the provost-marshal by the prisoners, and in this as in all matters when required to perform the duties of the prison they are tractable and obedient. The provost-marshal is an officer permanently detailed for the police and general care of the prisoners. He has under him two trusty subordinates, non-commissioned officers, who assist him in the issue of the provisions and clothing, police and other daily duties of the prison. He attends the daily roll-calls and makes his report to the commanding officer daily. The prisoners generally are well supplied with tubs for washing and bathing and washing basins, so that no complaint is made. Brooms, however, are much needed, and I have directed their purchase and that they be constantly supplied to the inmates of the prison when needed unless they are uselessly destroyed.

From a personal inspection of all the prisoners and from statements made to me by the officer and non-commissioned officers having the immediate charge of them I am convinced that the cause of vermin upon the persons of the prisoners is in but few and rare instances their personal habits while in prison, and that it can never be attributed to the want of means to prevent such nuisance, but that such accumulation is very frequently and disgustingly discernible upon their persons and clothing when brought to the prison from their own homes or when captured and brought to Camp Chase from the camps of the enemy. It is obvious that without great care, which has not been properly exercised generally speaking, the quarters occupied by these prisoners would be quickly infested. So far as is possible I have directed that in such cases in future the prisoners should be separated from those free from vermin, and to remove it and prevent further accumulations I have directed the frequent and thorough scrubbing of the infested quarters with salt brine and their fumigation with sulphur.

I respectfully submit for your examination the paper marked B, a copy of instructions given by me to the present commanding officer of the prison for improvement in its condition. The prisoners are divided into messes varying in number from seven to fifteen, each mess occupying the accommodations of a single division of the barracks, or rooms. Each mess cooks its own provisions, for which purpose it has a convenient stove, a great sufficiency of cooking implements and the proper amount of table furniture for the prisoners’ use in almost all cases. I have directed that where a deficiency exists it should be supplied. The ration is that prescribed by the Board of Council of last year and which has governed the issues to the prisoners at Camp Chase, with the exception of the modification introduced at that place last summer by your approval relating to the issue of beans, rice or hominy in the {p.135} same ration and the substitution frequently of fresh vegetables for certain vegetable portions of the ordinary issue. From personal inspection and conversations with the prisoners I am satisfied their food is wholesome and abundant, and in not a single instance in much questioning did I learn of a complaint either as to the quantity or quality of the food. The provisions are drawn from the commissary department in the usual manner and received by the two non-commissioned officers called stewards having under the provost-marshal the immediate care of the prisoners, who issue the provisions directly to the stewards of the different messes. I call your attention to the paper inclosed marked C from the assistant commissary of subsistence at Camp Chase, which gives in detail statements relating to the ration and the issue of vegetables.

The quarters of the prisoners are comfortably warmed and no restriction has been placed upon the quantity of fuel which each mess consumed, yet notwithstanding this there has been a considerable saving of fuel without an effort having been made so to do. The issue or allowance has invariably been the same as that permitted to the private soldier. I desire in relation to this matter to call your attention to the facts embraced in the paper inclosed marked D. Upon a personal examination of all the prisoners I found but exceedingly few of them, not exceeding four or five in number, who were not sufficiently clothed, and invariably with these the fault had been their own, as they had not made application in any manner for clothing nor did they appear to care for it. The same substantially may be said-of bedding, and upon inspection of all the blankets in the possession of the prisoners it was found to average two and two-sevenths blankets per man. I could learn of no complaints of cold. For confirmation of this please examine the report* marked E of the issues of clothing to prisoners. I will add that the officer having charge of the clothing informed me that in all cases upon the application of a prisoner for clothing it was given him if after a personal examination it was found that the articles called for were needed and that the clothing previously given the applicant had not been improperly disposed of.

As an index to the general health of the prison I inclose a copy of the hospital record of the prison from the 1st of November, and if the sickness and mortality be compared with that of the exterior camp I believe it will be found that proportionally its general health has been much better. From the accompanying paper* marked F it will be seen that the average number of sick was about eighteen, and this is the proportion of sick in a camp prison of nearly 300 inmates. The hospital is well supplied with wholesome food, cooking utensils, fuel, medicine and bedding. Of the latter there was in the hospital on the 17th ultimo the following amount: Fifty-nine calico comforts, 16 Government blankets, 23 straw ticks, 43 cotton sheets, 31 pillows, 38 pillow covers, and requisitions had been made on the 17th ultimo for an additional quantity of more than one-half this amount. The hospital at present contains but sixteen patients. The prisoners are supplied by the sutler with articles to the extent of the amount of their money deposited with the commanding officer. The supplies of the sutler seem to be proper and suitable, both in their variety and quality.

I desire to call your particular attention to the inclosure marked G relative to the disposition by Major Zinn of the sutler’s tax amounting to $149.20. He has permitted the post council first to tax the sutler, which should have been done by himself, and then has permitted this {p.136} amount of tax to be diverted from its proper destination and it is now in the hands of the post treasurer at Camp Chase, instead of in the possession of the officer in charge of the prison, as by article 6 of the general regulations from your office. I deemed it better to leave this matter to your action, as a partial disposition had been made of the money by the post council which was in no manner under its control and appropriated to a purpose entirely without its jurisdiction.

The prisoners so far as I have been able to ascertain are never interfered with by the sentinels either in the night or daytime unless they go beyond the prescribed limits of the prison, which is within about three yards of time high fence which surrounds it. On one occasion a disturbance took place at night between some of the prisoners, who were repeatedly ordered by a sentinel to disperse, and upon their indifference to and disobedience of his order he fired and killed one of them. The paper marked H is a copy of a letter from Major Zinn to Major Darr upon the subject and has been given me as explanatory of the affair by the commanding officer at Camp Chase.

With regard to the general treatment of the prisoners, their receipt of moneys and packages by express and other matters relating in detail to their comfort, I de sire especially to call your attention to the series of papers marked K in which many statements occur over the signatures of the prisoners themselves of satisfaction and contentment.

The paper* marked M contains a list of the prisoners now confirmed at Camp Chase, with their homes, date of confinement, place of arrest and the nature of the charges against them stated in general terms. Judge Galloway is now engaged in the examination of the prisoners. The charges and statements made are recorded, and every opportunity is afforded to the prisoner to furnish evidence of his innocence as in his favor. If there is not proper evidence to sustain the accusation against the prisoner he is by the authority delegated to the judge discharged. If his offense warrants it as in many cases the prisoner is discharged under bonds, the amount of the bonds depending upon the degree of the offense, and the prisoner is made upon his release to report in person to the Federal constituted authorities in those sections of the country to which he belongs. Judge Galloway has informed me that he will probably complete his duties by the middle of February or the 1st of March of this year.

I submit for your information the inclosure* marked O, of the number of prisoners who have arrived at Camp Chase and who have been discharged or transferred from there during the month of December, 1862, by detachments or singly. This gives the date, number of prisoners, authority directing their movements and the place of their arrest and when discharged of their destination. From this it will be seen that Governor Tod has made many releases. He has granted over 400 permits from the 1st of March to the 26th of December, 1862, for parties to visit the prison and have interviews with their friends.

The amount of the prisoners’ fund is $1,843.63 to the 1st of December, 1862, and the hospital fund is $56.31. I respectfully recommend an increase of the sutler’s tax on his sales to prisoners and that this amount or a portion of it be devoted to the prison hospital fund and that more delicacies be provided for the sick. At present its small amount will permit but little useful expenditure. To the general prisoners’ fund above stated there should be added the sum of $149.20 stated in paper marked G and which has been by the recent commanding officer improperly diverted. In general the prison is much more {p.137} favorable in every respect than on the date of my last report to you of it, and with the improvements already authorized by you will certainly if properly controlled be above any reasonable grounds for complaint. With the exception of articles 6 and 9 of the general regulations from your office the rules for the government of prisoners are well observed, considering the want of experience of the officers who have had the control of the prison, their short term of continuance in that position and the interference with the prisoners from many other sources than from this office, as well as the multiplied orders and requests received there from other quarters than the authority constituted for the control of prisoners by the War Department.

With much respect, I am, colonel, your obedient servant,

H. M. LAZELLE, Captain, Assistant to Commissary-General of Prisoners.

* Not found.

[Inclosure B.]

HEADQUARTERS, Camp Chase, December 29, 1862.

Capt. E. L. WEEDER, In Charge of Prisoners, Camp Chase, near Columbus, Ohio.

CAPTAIN: By the direction of the commissary-general of prisoners I have the honor to submit the following instructions for your guidance:

You will immediately have raised all the buildings in Prison No. 2 so that the floors will be one foot from the ground and so secure them upon firm and permanent foundations by means of string pieces supported upon wooden blocks, and cause that portion of the vertical walls of the buildings to be removed when extending below their floors. The walks and roads in the prison and all low portions of the prison ground will be covered with gravel to such depth (not to exceed nine inches) as will make the ground firm and hard and insure rapid drainage. You will cause the drains at all times to be kept free and clean and so graded as will cause all surface water to be carried well without the walls of the prison and the prison limits. Cause lime to be freely used in the sewers and sinks, and particularly in the hospital vicinity. Cause all the buildings of the prison and the inside surface of the fence to be whitewashed at least once a month, and let all precautions within your power be used to prevent and destroy vermin, whether existing in the quarters or the prison grounds, and to this end you will enforce so far as is practicable habits of personal cleanliness among the prisoners where their disposition is opposed to this condition. You will cause the prisoners to be properly supplied with tubs for washing and bathing, with brooms and with all other facilities necessary for their cleanliness. The labor of grading, whitewashing, &c., will so far as is possible be performed by the prisoners, as well as all that is necessary for their own comfort or improved condition.

Very respectfully, your obedient servant,

H. M. LAZELLE, Assistant to Commissary-General of Prisoners.

[Inclosure C.]

OFFICE OF THE COMMISSARY OF SUBSISTENCE, Cramp Chase, Ohio, December 29, 1862.

STATEMENTS.

The ration issued by me to prisoners of war (in obedience to instructions from the commander of this post) consists of the following {p.138} articles, viz: Three-fourths of a pound of pork or bacon or 1 pound of fresh beef, 18 ounces of bread or 1 1/4 pounds of corn-meal, and at the rate of every 100 rations 8 quarts of beans or 10 pounds of rice or hominy, 5 pounds of roasted coffee, 14 pounds of sugar, 5/6 of a pound of adamantine candles, 4 pounds of soap, 2 quarts of salt, and thrice per week potatoes at the rate of 1 pound per man, and molasses at the rate of 4 quarts for every 100 rations twice per week. Also in addition to the foregoing ration vegetables, &c., consisting of cabbage, beets, parsnips, carrots, onions and apples (green) have been issued twice per week at the rate of 227 pounds for every 100 rations. This proportion of the amount of vegetables is derived from my bill of purchases from December 1st to the present date, showing the whole amount purchased to have been 7,070 pounds and the average number of men drawn for the time specified above is 388, and the issues having been made twice per week regularly shows the amount issued in the proportion above stated. The stores issued from the commissary are of the same quality as those issued to the U. S. troops, all of which I deem to be of the best quality. The vegetables purchased by me and issued to the prisoners have always been of a good and wholesome quality and of such kind as the market affords. The ration has been issued ordinarily for two days at a time, the actual weight of each and every article composing the ration being given. Fresh beef is being issued four times per week and pork and bacon the remainder of the time by a special order received from Maj. Peter Zinn, commandant of post. The stewards of the prison receive the rations at the commissary department from me after they are weighed and are always present to see that the weight is given correctly.

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

JOHN MCMURRAY, Captain and Commissary of Subsistence.

[Inclosure D.]

HEADQUARTERS CAMP CHASE, Provost-Marshal’s Office, December 28, 1862.

Capt. H. M. LAZELLE:

First, the allowance of wood to each prisoner is one-sixth of a cord; second, issued in the same manner as to regular soldiers; third, requisition made upon the quartermaster; fourth, during the present month 58 cords have been issued; fifth, the aggregate number this month is 386; sixth, 6 cords. November 1, 1862, an order was issued for 105 cords. The aggregate during the month of November was 600. December 1, 1862, an order was issued for 89 cords, and the aggregate is 386, making the aggregate for November and December 493, the amount of wood the prisoners were entitled to being 158 cords, and upon measurement we find 34 cords on hand, making a saving of 6 cords. It may be stated that the prison hospital has been furnished out of the above requisitions during the last two months and the prisoners had an abundance to keep them comfortable.

Very respectfully, your obedient servant,

JAMES C. HENLEY, Lieutenant and Provost-Marshal of Prisons.

[Indorsement.]

There has been no restriction of wood to prisoners, as their wood racks are never empty.

ALEXANDER SANKEY, Steward.

{p.139}

[Inclosure G.]

Statement of taxes levied on the post sutler by the post council of administration for the following months:

August, 1862, 1,579 prisoners, at 4 per cent$63.16
September, 1862, 815 prisoners, at 4 per cent32.60
October, 1862, 739 prisoners, at 4 per cent29.56
November, 1862, 597 prisoners, at 4 per cent23.88
Sum total149.20

ROBERT LAMB, First Lieutenant and Post Treasurer.

DECEMBER 29, 1862.

NOTE.-I have permitted the tax from the prisoners to remain in the post fund because at my request the post council ordered to be paid from the fund to the prison clerks and stewards a compensation of 17 cents per day above their usual compensation. If Colonel Hoffman or other competent authority may think proper to order the above amounts to be paid over to the prison savings fund I have no doubt it will be done.

PETER ZINN, Major, Governor’s Guards.

[Inclosure H.]

HEADQUARTERS, Camp Chase, Ohio, November 21, 1862.

Maj. JOSEPH DARR, Jr., Provost-Marshal-General of Virginia, Wheeling.

MAJOR: Yours of the 19th instant is at hand. I shall endeavor to have you informed of the death of prisoners from Virginia that may take place hereafter at this post, but in the multiplicity of business here it may be omitted. William Jones, of Ritchie County, was shot by a sentinel Saturday night, November 1. On learning of the fact Sunday morning I ordered an investigation to be made and it appeared after the hour of extinguishing lights had passed the officer of the guard had difficulty in having them put out in messes 4 and 5, in one of which Jones lodged. Shortly after a furious uproar broke out in these messes and the men rushed in the open space in front thereof. The sentinel ordered the men into quarters in a loud and determined voice some half dozen times, which was entirely disregarded. After snapping his gun the sentinel recocked and fired into the crowd, shooting Jones, who died suddenly. It appears he thought the prisoners were trying or preparing to break out, and after giving so much warning he thought it his duty to shoot as he did. I was fully satisfied of the honesty and sobriety of the sentinel, and though greatly regretting the circumstance could not attach blame to him in the matter. It turned out that a fight was going on between two prisoners belonging to two different messes and as frequently happens Jones, a mere looker on, suffered because of his undue curiosity and not obeying the order to go in.

I am, very respectfully, your obedient servant,

PETER ZINN, Major, Commanding Post.

[Inclosure K.]

CAMP CHASE, December 27, 1862.

The following are only a few of the many extracts that I might have copied from prisoners’ letters during the past three days ending {p.140} December 26, 1862, speaking of the treatment that they receive at Camp Chase Prison, and I would here add that the following extracts are only a counterpart of thousands of others of similar character that I have read during the past few months.

D. B. TIFFANY, Prison Provost-Marshal and Examiner of Letters.

[Extracts.]

We have plenty to eat and are doing well.

JOSEPH MCGILL (Virginia).

I want nothing; I have everything that heart could wish except my freedom. I am doing well and living fine and fat.

JONATHAN MUSGRAVE (Virginia).

We get plenty to eat and are treated very well by the officers.

W. A. WOMACK (Kentucky).

Bill of fare at the Virginia House December 25, 1862: Bean soup, hog and corn, pork and hominy, roast beef, turkey, duck, Shanghai chicken, oysters, apple dumplings, pound cakes, sweet cakes, green peaches, peach pie, &c.

ED. (Virginia).

DECEMBER 28, 1862.

We have nothing to do but eat and sleep. We have plenty to eat and to drink and a very good bed to sleep on. We have no reason to complain. We have very nice officers here; as nice as any need have.

JOHN A. CARSON (Virginia).

I received a letter from you dated the 18th of this month in which you express a great deal of uneasiness about my suffering here. I have a good husk mattress and a parcel of cotton comforts and a couple of pillows, so that I can sleep quite comfortably. I have no need of clothing. The good Being has blessed me in the midst of my afflictions.

D. D. DAVIDSON (Virginia).

I expect to be exchanged in two or three weeks. This is the best prison I ever saw. We live as well here as in our hotels in Dixie.

J. W. HAYWOOD (Virginia).

Judge, this is a good place to stay. The officers here are the nicest men; we have plenty to eat and to wear here.

JOHN H. PAINE (Virginia).

My, what a dinner-turkey, chicken, roast beef, oysters, green peaches, pound cake, honey, apple-dumplings, pies and in fact a thousand little things too tedious to mention. My health is fine and I am getting fleshy and too big for my clothes.

M. E. RUSSELL (Virginia).

We are doing very well. The officers are very pleasant and agreeable gentlemen about the prison.

F. P. M. ESTIS (Missouri).

{p.141}

We have plenty to eat here and to wear and the officers that command this place are nice men.

JOHN H. HENSON (Virginia).

From March to July I received, by letter and express, $4,991, all of which I have delivered to the prisoners and have their receipts for the same. Since August the prisoners have not been allowed money inside the prison, but have had receipts for their money, which receipts were good with the sutler, as they, the prisoners, could buy anything not contraband through the sutler they wanted.

D. B. TIFFANY, Provost-Marshal of Prison.

From September to December I have received and delivered to the prisoners 140 express packages containing eatables and mostly clothing, and nothing has been considered contraband but whisky and fire-arms.

D. B. TIFFANY, In Charge of Express Goods.

[Newspaper Article.]

CAMP CHASE PRISON.

There have been some very heartless and reckless strictures made of late by the editor of the Crisis on the management of the military prison at Camp Chase. We were yesterday enlightened on the subject by an interview with one of the prisoners who has been confined there for five months past and who has been released on taking the oath of allegiance and giving an appropriate bond. He is a man worth $40,000 in land and slaves and has five sons in John Morgan’s army. But he assured us that the stuff that was published in the article alluded to about the management of the prison department of the camp was, in his own expressive prose, all a d-d pack of lies. He said that he was an old man and not used to hardships, but that now at the end of five months in the prison he never had better health and finds that he has gained fifteen pounds of flesh during the time. He says the rations are good and abundant. Some of the prisoners he declares willfully and wantonly waste their food, and this he says is done by some of them who never were half as well fed at home as they are there. And he expressed himself as being quite willing to let such fellows go hungry a little while. As to cleanliness, &c., he assures us that anything disorderly in this particular is all blamable upon certain prisoners themselves. He says if they grew dirty and lousy it is their own fault and the result of their own negligence and laziness. It is true he says that some are filthy and covered with vermin, but they are such as he says “who never did anything but stink all their lives.” They refuse to wash properly and to observe any special care of themselves or of their quarters, and our informant said that he told them that he “didn’t care a d-n if they were eaten up with lice, they deserved it for their laziness.” He said he had been careful and cleanly and washed himself frequently and he never had a louse on him. Others could do the same if they would.

He was asked by some of the prisoners who remain, preferring lice to their allegiance, to take home with him some copies of the Crisis to show how badly they were treated in the prison. He told them, “No, I won’t carry that much filth and falsehood around my person.” This kind {p.142} of prison experience is quite enough to stamp the statements made concerning the barbarities of Camp Chase with the character they deserve.

Reuben Sebree, the man spoken of in this article, was a citizen prisoner from Kentucky and was released on giving $1,500 bond. The same statements were made to me (only a little stronger) that appear in this article.

D. B. TIFFANY, Prison Provost-Marshal.

(Sebree was released on the 19th of December.)

–––

[Inclosure-From the Columbus, Ohio, Crisis.]

HORRIBLE DISCLOSURES IN RELATION TO A POLITICAL PRISON.

We speak wholly of the political prison, the prison of the State, as we know nothing whatever of what occurs in the prison where “rebels taken in arms” are kept; that is, the prisoners of war. It must not be forgotten that there have been from 600 to 700 political prisoners at Camp Chase at a time, and although 700 have been lately discharged without trial there are yet there some 400. One hundred or 200 of these have arrived there within a few days past from Kentucky and Western Virginia. These men are taken from their homes, some from their beds at night, some from their houses in daytime, and a great many of them are picked up in their fields at work and never suffered to see their families before being spirited off to Ohio and incarcerated in this celebrated Bastile, which will soon be as famous as Olmutz itself. Our Ohioans are put in the same prison with these men from other States and from them we have learned some facts which the people of Ohio ought to know. Many of these men have been kept in this prison for over one year, a great many for five, six, seven and eight months, without even seeing outside or being allowed to communicate personally with any one, not even wife, child, father, mother or stranger. They are furnished with nothing but a single blanket even these cold nights unless they are able to purchase additional comforts with money they may be able to command. Many are poor men and unable to purchase. They were not permitted to bring along a change of clothing and many had on when seized nothing but summer wear, and that has become filthy, worn out and scarcely hangs upon their backs. They have no bedding and are therefore compelled to sleep on the bare boards. They have not enough wood furnished to keep fires up all night, hence the suffering is intensified by the cold weather. If they attempt after night to walk out in the yard to take off the chills of the dreary night they are instantly threatened to be shot by the guards as ordered by those in command.

Doctor Allen, of Columbiana County, Ohio, said he lay on a bare board until his hips were black and blue. The wood furnished them is four feet long and they are compelled, each mess, to chop it up for themselves, and the provisions being furnished raw they have to cook for themselves. Recollect always that these are political prisoners against whom no one appears as accuser and no trial is permitted. The prison has become filthy, awfully so, and the rats are in droves. If the prisoners attempt to kill one of these rats they are forbidden and threatened with being shot instantly. Recollect always as we said above these are political prisoners against whom some malicious negro {p.143} worshiper has created a suspicion of disloyalty but whose name is kept a secret and hence there can be no trial. The prison is perfectly alive with lice and no chance is given to escape the living vermin. A dead man, one of the prisoners, was carried out to the dead yard and laid there over night and when visited in the morning by other prisoners who heard there was a dead man there they found the hair on his head stiff with lice and nits, the lice creeping into his eyes in great numbers, and as he lay with his mouth open the lice were thick crawling in and out of his open mouth. Not long since two of the prisoners got into a scuffle in trying their strength and finally into a fight as was supposed, and several other prisoners rushed to part them when the guards from the lookouts above fired on them killing an old man by the name of Jones from Western Virginia, and the ball grazing the skull of another he fell and it was supposed at first he was killed also. Another of time balls passed through a board at the head of a sick man in the hospital and only escaped him by a few inches. The two men in the scuffle were nor hurt. We might go further, but God knows this is enough for once. It is enough to make one’s blood run cold to think of it. Now if any one doubts this-if the authorities at camp or at the State-House doubt it-if the Legislature when it meets will raise a committee we promise to name the witnesses who if sent for will under oath prove all this and as much more, some of which is too indecent to print in a newspaper for the public ear. We do not bring these things to light for any other purpose than an act of humanity, of respect for the fair fame of Ohio and to direct public attention to them that the brutal authorities of that camp may have justice done them. The commandant of the camp is himself a member of the Ohio House of Representatives. He will no doubt appear on the first Monday of January to take his seat. Let him answer to his peers on that floor; let him answer to his constituents who elected him; let him answer to the whole people of Ohio if he dare whether these things are so or not. Heaven be blessed if any modification can be put upon these transactions, any excuse of the most trivial nature by which the fame of Ohio may be vindicated from the crime and stigma which otherwise must go down to all time upon the pages of our history. We copied a paragraph from the Herald on Tuesday to the effect that-

The colonel and every field officer of the Ninth New York State Militia were in this city on Friday last when they should have been with their command at Fredericksburg. Colonel Stiles, of the regiment referred to, explains his absence as follows: On the 3d of December N. Isham, acting surgeon, pronounced Colonel Stiles unfit for duty on account of pleurisy, and recommended an absence of twenty days in order to prevent permanent disability or death.

THE CRISIS’ SYMPATHY WITH REBELS-IT THINKS THEIR PRISONERS BETTER THAN OUR SOLDIERS.

CAMP CHASE, December 17, 1862.

Mr. EDITOR:

It sometimes occurs that honest men require a defense against the vituperations of sympathetic traitors. The present case is doubtless one. An article appeared in the Crisis of December 10 entitled “The Prisoners at Camp Chase.” The article is nothing more nor nothing less than a tissue of falsehoods by a well-known falsifier. The evidence is founded on the statements of citizens of Ohio who have been confined in prison at Camp Chase, and a promise is given to name the witnesses that they can be sent for to substantiate the charges, and much more too indecent to appear in a newspaper. The first charge of any {p.144} significance is that “the inmates of the prison are not allowed to communicate with any one outside.” This is not true. No one has been forbidden to hold interviews with persons outside when application has been made to the proper authority. Interviews and personal communications are of daily occurrence and regular transmission of letters through the U. S. mails is allowed to the prisoners; and remittances of money, clothing and in fact every and all things necessary for the comfort and enjoyment of the inmates are allowed to be sent and given them by their friends outside. “They are furnished with nothing but a single blanket even these cold nights,” exclaims the Crisis with as much gusto as the boldest calumniator could command. Indeed this seems horrible to this hoary-headed old sinner who manufactures slanders on honest men and patriots. No Union soldier is furnished any more than one blanket and it is considered ample for field service, and they must provide any surplus out of their hard earned funds.

The Crisis says, “They are not allowed to bring along a change of clothing.” Of all the lies in the category of the denito texto this is the most barefaced. I have seen large trunks filled to their largest capacity taken into the prison and the transportation paid by the Government. Among the cruelties so elaborately enumerated by the Crisis are the facts of the prisoners having “to chop their own wood and cook their rations.” The soldiers of all armies and the prisoners taken by all the armies of the civilized world are required to do the same, and no one but the editor of the Crisis ever pretended to call it cruel, and in doing so he but shows his ignorance and folly, not to say ignorance and malignity. The “Old Wheel Horse” thinks that the prisoners ought to be allowed to kill the rats that infest the prison! They are allowed to kill as many as their taste dictates, and frequently when I have been on guard I have seen numbers of the prisoners engaged in killing them. The shooting of Jones seems to be the fainting point when the editor looks for a good place and falls into a swoon, occasioned by so much barbarity. A court of inquiry justified the sentinel in shooting Jones, and I personally know that the men who composed that court of inquiry are honest men; as far above the editor in point of patriotism and love of truth and justice as our Savior was above the false-hearted Jews. The provost-marshal who has charge of the prison is a man loved and respected by all who know him, and although a stern, unyielding patriot, will not permit the meanest rebel to suffer. When the prisoners have not sufficient funds to purchase clothing they are furnished at the expense of the Government. No longer ago than December 16 nearly $200 worth of clothing was dispensed to inmates of the prison. They are allowed the same rations as soldiers and in addition are allowed beef five times a week-soldiers only four. They are furnished with a greater variety of vegetables than soldiers, and from two to four barrels of first-rate apples are given them above the usual rations per week. Nowhere in the history of prisons is such generosity known. Yet despite all this the editor belies and slanders those who are using their best endeavors to render comfortable and tolerable the necessary confinement of our country’s designing enemies. The summary character of martial law so necessary in times of public danger may for a time visit unnecessary punishment upon the innocent. Even civil courts are not always free from cruelty to guiltless persons. But the love of truth and fairness seems entirely foreign to the Crisis and its notorious editor in characterizing Major Zinn as a person who will pollute his seat in the Legislature. The {p.145} major is doubtless heir to the common frailties of human nature, but no man can truthfully say that his administration at Camp Chase has not been as commendable as any of his predecessors. I am satisfied that he will not fear to allow any investigation the Legislature or the law may set on foot. It is unnecessary to prolong this article. All I have said I can prove beyond the cavil of a doubt by dozens of men at Camp Chase who are uninterested and unbiased.

A. S. HEMPSTEAD, Private, Company A, Zinn’s Battalion.

[Indorsement.]

The writer of this communication is a graduate of Central College, Ohio, and a young man of good character.

E. L. WEBBER, Captain, Commanding Battalion, Governor’s Guards.

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HDQRS. DEPT. OF MISSISSIPPI AND EAST LOUISIANA, Vicksburg, January 1, 1863.

Maj. Gen. N. P. BANKS, Commanding U. S. Forces, New Orleans, La.

SIR: By an official communication from Major-General Butler received some time since I was informed that it was his intention to retain fourteen of the “chiefest” Confederate prisoners of war then in his hands, including Brig. Gen. Charles Clark, until he should receive instructions from his Government as to what disposition should be made of them. I request to be informed whether it is your purpose to carry out the provisions of the cartel for the exchange of prisoners of war. If so I will be pleased to receive all those now held by you at such points on the Mississippi River below our lines as you may choose to designate. I also include in this communication the following extract from a letter lately received from Robert Ould, esq., agent of the Confederate States for the exchange of prisoners of war, for your information:

On the 21st of 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 the 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 Government are to be exchanged when captured.

The Federal Government has recently professed to carry out the above agreement to its full extent. I 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 for exchange.

I am, very respectfully, your obedient servant,

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

{p.146}

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HEADQUARTERS EIGHTEENTH ARMY CORPS, New Berne, N. C., January 1, 1863.

General EVANS, Commanding U. S. Forces, Kinston, N. C.

GENERAL: I send by this flag of truce eleven prisoners of war paroled and released according to the terms of the cartel. The remaining twenty-nine prisoners, announced verbally by the last flag of truce, preferred to take the oath of allegiance and remain in this town. Inclosed please find list* of the eleven referred to. I would also again request that an officer and private who accompany this flag be permitted to go to White Hall for the purpose of disinterring the bodies of two relatives killed in the engagement at that place, and two more bodies at Kinston.

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

J. G. FOSTER, Major-General, Commanding.

* Omitted.

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HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, January 1, 1863.

Col. J. C. KELTON, Assistant Adjutant-General, Washington, D. C.

COLONEL: I have the honor to send herewith copy of my reply to Major-General Holmes’ letter of the 7th ultimo in which by direction of his commander-in-chief he asks full information in regard to the execution of ten men by order of Brigadier-General McNeil, Missouri State Militia, some time since in Northeast Missouri.

The question is one of some delicacy and I hope my solution of it will meet the approval of the General-in-Chief.

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

S. R. CURTIS, Major-General.

[Inclosure.]

HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, December 27, 1862.

Maj. Gen. T. H. HOLMES, Commanding Trans-Mississippi Department.

GENERAL: Yours of the 7th instant containing a slip from the Memphis Daily Appeal of the 3d of November concerning what you denominate an account “of the murder of ten Confederate citizens of Missouri by order of General McNeil of the U. S. Army,” and asking full information in regard to the circumstances related is duly received.

The matters of correspondence between us must be confined to the operations of belligerents and the exchange of prisoners. The idea of “Confederate citizens of Missouri” in Missouri is inconsistent with a state of war between opposing sections and utterly repugnant to the attitude heretofore allowed you as a belligerent, which I have cordially approved for the sake of preserving the immunities recognized by civilized warfare. You have no military power in Missouri and have had none in North Missouri for a year past, munch less a civil organization which would induce any man to call himself a “Confederate citizen.”

There is but one class of “citizens of Missouri;” they are Federal citizens, not Confederate. They universally acknowledge allegiance to Federal and State authority.

{p.147}

The rights of such citizens cannot be adjudicated by appeal through the military authorities of the so-called Confederate States. I have no disposition to overlook the conduct of any officer in my command or shift any responsibility which it may attach to me, but while the State of Missouri can guard her own citizens through the regularly constituted authorities I cannot even by implication justify any interference by you with what by your own showing relates to her “citizens in Missouri.”

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

S. R. CURTIS, Major-General.

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EXECUTIVE DEPARTMENT, Richmond, Va., January 2, 1863.

His Excellency ABRAHAM LINCOLN, President of the United States.

SIR: ... In addition to this flagrant case* of unusual and severe treatment of a prisoner of war another and equally glaring instance has been brought to my notice-a case appealing equally to my sense of justice and calling loudly for redress.

Under a proclamation from the Executive of this State calling upon the citizens of Northwestern Virginia to organize themselves into companies to repel the invasion of this State by her enemies Capt. Daniel Dusky and Lieut. Jacob Varner, two patriotic officers, one a citizen of Calhoun County and the other a citizen of Jackson County, in this State, organized a small force and took military possession of the town of Ripley, in the county of Jackson, and held it in opposition to the Federal authority and to the usurped government in Virginia. While so in possession of this town they took military possession of the mails for the purpose of ascertaining the military purposes of the enemy as they had a right to do by all the rules of warfare over the world. Some time afterwards they were overpowered by a much larger force and required to surrender which they refused to do until their captors who were soldiers of the United States agreed that they should be treated as prisoners of war. After this agreement was made they and the force under them surrendered, and immediately thereafter in violation of the express stipulation to the contrary they were taken to the city of Wheeling, confined in jail there, indicted, tried and convicted and sentenced to the penitentiary upon a charge of robbing the mail for a term of four years, and they are now and have been ever since confined in the penitentiary at the city of Washington, treated as common felons. Both he and his companion, Jacob Varner, are citizens of high character and patriotism, honorable and heretofore honored by public positions in their counties. For such violations of the plainest dictates of justice and propriety and against all the usages of war some remedy must be found. I have determined therefore to put in execution the principle of retaliation and I have ordered two of the prisoners captured by General Floyd, to wit, Capt. William Gramm, of Philadelphia, and Lieut. Isaac A. Wade, of Putnam County, Eighth Regiment of troops under the usurped government of Virginia belonging to the Army of the United States, to be also imprisoned in the penitentiary of this State and to be safely kept there at hard labor until Captain {p.148} Dusky and Lieutenant Varner are either exchanged under some suitable agreement to be entered into between the Government of the United States and the State of Virginia or until they are unconditionally discharged. And I deem it a duty I owe to the cause of humanity and civilization to hold the residue of the prisoners I have now in custody as well as all who may hereafter come into the possession of this State as hostages for the good treatment of unoffending citizens of Virginia who have been incarcerated for no other cause than being loyal to their own State and the government of their choice-a government which has in a thousand instances been recognized and acknowledged by the Government of the United States as one of the sovereign and independent States of the former Union and which they are now waging a hopeless war to restore to its position. Believing, however, that it would be better for the Government of the United States, better for the Confederate States, better for the individual States, better for the citizens, better for the cause of humanity and of civilization that these departures from the rules of modern warfare should no longer be permitted to exist I respectfully ask that some arrangement should be made for the proper exchange of the prisoners named and some agreement be entered into for the exchange of all state prisoners hereafter. If no such agreement be made and the course hitherto pursued be continued I shall without hesitation, so long as the honor of Virginia and the safety and welfare of her citizens are intrusted to me as her Chief Magistrate, unflinchingly retaliate to the utmost of my ability and power for any improper, unusual or harsh treatment practiced upon officers, soldiers or citizens of Virginia. The sin of its commencement shall rest upon the Government of the United States; the virtue of its continuance shall be proudly upheld by the authorities of this Commonwealth.

Respectfully,

JOHN LETCHER, Governor of Virginia.

* The omitted portion of this letter relates to Richard Thomas Zarvona, whose case will be found in Vol. II, this Series, p. 379 et seq.

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WAR DEPARTMENT, ADJUTANT-GENERAL’S OFFICE, Washington, January 2, 1863.

Maj. Gen. A. E. BURNSIDE, Commanding Army of the Potomac, Falmouth, Va.

SIR: The record of proceedings of the general court-martial before which John W. Irwin, a rebel soldier, was tried and convicted of being a spy together with your Special Orders, No. 358, of December 21, 1862, remitting the sentence of death in his case has been received. The following indorsement on the record has been made by the Judge-Advocate-General of the Army:

The remission of the sentence in this case by General Burnside is inoperative. Having confirmed the proceedings the pardoning power can be exercised by the President of the United States alone. The question is whether a simple letter from a rebel general shall be held sufficient to overthrow the sworn testimony given before the court-martial and thus protect a spy from the gallows to which he has been condemned.

I am directed in accordance with the above opinion to say that the prisoner, Irwin, will be held in custody until the President’s pleasure is made known.

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

E. D. TOWNSEND, Assistant Adjutant-General.

{p.149}

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HEADQUARTERS U. S. FORCES, Columbus, Ohio, January 3, 1863.

Col. N. H. MCLEAN, Cincinnati, Ohio.

COLONEL: I am frequently subject to embarrassment from the irregular manner in which orders respecting paroled prisoners are transmitted to me from Washington. Instead of such orders reaching me through Major-General Wright, commanding the department, as I presume they ought to do, they are sent directly to me. The result of the neglect to send such orders through the major-general commanding the department has been in several instances a conflict in the commands which I have received. A conflict of this kind at present exists. On the 10th instant I received through Colonel Hoffman an order from Washington to have the paroled prisoners immediately mustered for payment in order that they might be paid before being sent forward to their regiments. This I could scarcely construe otherwise than as an order to muster the prisoners and retain them here until they should be paid. Notwithstanding I had at the same time a general order from time commander of this department to forward the paroled prisoners to their respective commands as soon as I was informed of their exchange. A day or two ago I received from General Boyle an order* to send the Kentucky prisoners who have been exchanged to their regiments in the field. This I cannot do without violating the order of the Secretary of War received through Colonel Hoffman, commissary-general of prisoners. I presume I am not wrong in supposing that the major-general commanding the department has the command of all troops, paroled and non-paroled, within the limits of his department. If this be so to prevent embarrassment all orders to officers subordinate to him should be transmitted through his headquarters. I cannot with propriety suggest this to the authorities at Washington, but I am sure it would promote regularity and order as well as prevent such embarrassments as those I have referred to.

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

JAMES COOPER, Brigadier-General.

[Indorsement.]

HEADQUARTERS DEPARTMENT OF THE OHIO, Cincinnati, Ohio, February 6, 1863.

Respectfully referred to the Adjutant-General of the Army with the request that instructions to the commanding officers of camps of prisoners within this department may be transmitted through these headquarters, and as far as practicable all orders or instructions for commanding officers serving in this department may be so transmitted to them.

By order of Major-General Wright:

C. W. FOSTER, Assistant Adjutant-General.

* Refers to General Order No. 31, December 14, p. 83.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., January 3, 1863.

Lieut. Col. W. H. LUDLOW, Agent for Exchange of Prisoners, Fort Monroe, Va.

COLONEL: I have the honor to inclose herewith receipts* for 1,131 prisoners of war delivered at Vicksburg, and also rolls of Federal prisoners {p.150} taken in Kentucky now at Camp Chase. I am expecting to-day by express rolls of 1,643 prisoners delivered at Vicksburg from Sandusky and other Western camps. Some individual cases are inclosed.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

* Omitted.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, January 3, 1863.

In all cases where money is taken from prisoners the commanding officer is required to keep an accurate account of it and to pay it out only to the order of the prisoner, any balance being returned to him on his release. (See accompanying regulations.*) Personal baggage of prisoners not contraband is not to be taken from them; on the contrary it has been transported for them at considerable expense to the Government. Charges of this character I believe can be sustained against the Confederate officials.

Respectfully referred to Lieut. Col. W. H. Ludlow, agent for the exchange of prisoners.

W. HOFFMAN, Colonel Third infantry, Commissary-General of Prisoners.

* See Vol. IV, this Series, p. 152.

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INDIANAPOLIS, IND., January 3, 1863.

Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

COLONEL: I have the honor to report that I have verbally authorized the temporary employment of an additional physician at the military prison at Alton. The smallpox is raging terribly there, having increased within the past week from 6 to about 100 cases. All the prisoners have been vaccinated.

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

H. W. FREEDLEY, Captain, Third Infantry.

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WASHINGTON, D. C., January 4, 1863.

Major-General CURTIS:

It is understood that the rebel Government has refused to parole and exchange our officers. We shall neither parole nor send forward for exchange any more officers till this question is settled. The most important move now is to open the Mississippi and you will give all possible aid to that object. It is hoped that General Grant will now be able to assist Sherman without any more troops from Columbus. Arm the transports the best you can.

H. W. HALLECK, Major-General, General-in-Chief

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HEADQUARTERS, Cincinnati, Ohio, January 5, 1863.

Hon. EDWIN M. STANTON, Secretary of War:

On 31st ultimo I ordered Major McDowell to arrest by military force certain gamblers in Louisville, Cincinnati, Columbus and Cleveland {p.151} who had won large sums of Government money at play from Paymaster Cooke and take them to Cairo where other parties were already in arrest on same charges. Most of the persons have been arrested as ordered and arrangements entered into by them to refund the sums they had won, but the process is resisted in the cases of Philo O. Jones and August Olmstead, of Columbus, Ohio, George Gilbert, Cleveland, Ohio, and Samuel Smithers, of Cincinnati. Writs of habeas corpus have been issued in two of the cases. It was believed that nothing could be effected by civil suit, hence the action of the military authorities which has been perfectly successful in all but the cases referred to. Can the writ of habeas corpus be suspended in these cases? It is very important that it should be in order to secure to the United States a large amount of money and also by this example to show such men that they can be reached for defrauding the Government in gaming with disbursing officers. Action to-day is necessary as the writ in the case of the Columbus gamblers comes before the judge to-day.

LI. G. WRIGHT, Major-General.

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WAR DEPARTMENT, Washington, January 5, 1863.

Major-General WRIGHT, Cincinnati, Ohio:

The President directs that the writ of habeas corpus be suspended in the cases mentioned in your telegram and that you hold Jones, Olmstead, Gilbert and Smithers and the other gamblers arrested by you in secure military custody for trial and punishment before a military commission, and that in the meantime they be imprisoned at Cairo or such other military camp, fort or post as may keep them securely. A written order will be forwarded by mail.

EDWIN M. STANTON, Secretary of War.

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HEADQUARTERS, Cincinnati, January 5, 1863.

Hon. E. M. STANTON, Secretary of War:

All the gamblers connected with Major Cooke so far as known, excepting those named in my dispatch of this morning, have been arrested and have paid over the amounts which they are charged to have won on the promise of Major McDowell, approved by Majors Larned and Coon, paymasters, and Major Rowley, provost-marshal at Cairo, that they should be released from further liability so far as Major McDowell could do it, and they were discharged accordingly. The proof against those parties rested solely on the statements of Major Cooke and their own admission and perhaps could not be legally proved against them. Shall they be again arrested? The amount thus recovered is over $121,000. The parties still to be arrested are asserted to have won $73,500. I think in view of the pledge given by Major McDowell, at which he believed he was doing the best and perhaps the only thing that could be done, that no further action against them should be taken. The rest will be arrested and held unless you direct a similar arrangement with them. Please answer to-night.

H. G. WRIGHT, Major-General.

{p.152}

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., January 5, 1863.

Maj. Gen. H. W. HALLECK, General-in-Chief.

GENERAL: I have the honor to inclose a letter* from Lieut. T. G. Baylor, of the Ordnance Department, protesting against the trial and sentence of one of his employés, a citizen, under an order of which I also inclose a copy,* appointing a provost judge for the trial of certain cases arising within the limits of this command. The letter is addressed to my assistant adjutant-general and asks that it may be referred to the Judge-Advocate-General of the Army. I forward it to you for such action as you may think proper. When I took command of the troops at this post and its vicinity at the beginning of the month of June last I found Fort Wool filled with prisoners charged with a great variety of offenses and misdemeanors not of a military character. I undertook to examine these cases myself, but finding it impossible consistently with my other duties I appointed a provost judge on the 27th of the same month with a view to the speedy punishment of the guilty and the release of the innocent and he has until now discharged his duties unquestioned as far as I know, either in regard to his authority or the equity of his decisions. I have usually designated specially the cases he was to try and decide, and the highest penalty he has imposed in any instance is imprisonment at hard labor for ninety days. All cases of a highly criminal character have been brought before a military commission. I infer from the tenor of Mr. Baylor’s letter that he does not deny my right to bring such cases before a military commission, his “protest” being aimed at the trial of his employé by a court “consisting of one individual alone.” It is proper to add that there is not a civil magistrate in this district or any existing authority to appoint one and that the entire department under my command was declared to be out of the Union by the Legislature of Virginia, and all except a limited territory around this fort has been acquired from the enemy by conquest. Under these circumstances I consider myself warranted by the laws of war to appoint special tribunals for the administration of justice. (See Halleck’s International Law, chapter 32, sections 1 to 7.) I request an early decision on Mr. Baylor’s “protest” that the party under sentence if he has been tried coram non judice be brought before a military commission.

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

JOHN A. DIX, Major-General.

* Not found.

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HDQRS. U. S. FORCES, FORTS HENRY, HEIMAN AND DONELSON, January 5, 1863.

Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

SIR: I am directed by the colonel commanding to say to you that he was authorized by General U. S. Grant to make exchanges.

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

CHAS. A. B. LANGDON, Acting Assistant Adjutant-General.

{p.153}

[First indorsement.]

OFFICE COMMISSARY-GENERAL OF PRISONERS, January 15, 1863.

Respectfully referred to the General-in-Chief.

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

[Second indorsement.]

HEADQUARTERS OF THE ARMY, January 15, 1863.

Respectfully returned to Colonel Hoffman, inquiring what unauthorized exchanges have been made by the commanding officer of U. S. forces at Forts Henry, &c.

By order of Major-General Halleck:

J. C. KELTON, Assistant Adjutant-General.

[Third indorsement.]

OFFICE COMMISSARY-GENERAL OF PRISONERS, January 15, 1863.

Respectfully returned, with the letters which gave rise to the question.

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

[Fourth indorsement.]

General Grant could not confer upon Colonel Lowe the authority he attempts to exercise.

H. W. HALLECK, General-in-Chief.

[Inclosure No. 1 to third indorsement.]

HDQRS. U. S. FORCES, FORTS HENRY, HEIMAN AND DONELSON, November 30, 1862.

Brigadier-General CURTIS, Saint Louis, Mo.

GENERAL: As I now have a considerable excess of rebel prisoners and have received authority to make exchanges I have the honor to request that the following men of my regiment, paroled and now on duty at Benton Barracks, be returned here as soon as possible to be exchanged: Sergts. James H. Wing, George McLeane; Corpl. George Loppin; Privates C. S. Franklin, O. H. Bowman, R. Braschinsky, P. A. Bevington, P. McGeary, George R. Travor, Company B, Iowa paroled prisoners, Barracks No. 61, Benton Barracks.

I am, sir, your obedient servant,

W. W. LOWE, Colonel, Commanding.

[Inclosure No. 2 to third indorsement.]

OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 22, 1862.

Maj. Gen. S. R. CURTIS, Commanding Department of the Missouri, Saint Louis, Mo.

GENERAL: In reply to the letter of Col. W. W. Lowe, commanding Fort Henry, of the 30th ultimo, referred by you to the Adjutant-General, I have the honor to state that by the cartel for the exchange {p.154} of prisoners it is provided that agents shall be appointed by each party whose duty it shall be to arrange all exchanges, and such agent must be appointed by the War Department. It is therefore not proper that a subordinate should assume such duty for himself or assign them to another, and Colonel Lowe can scarcely be warranted in exercising the duties of an agent for the exchange of prisoners.

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

W. HOFFMAN, Colonel Third infantry, Commissary-General of Prisoners.

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WASHINGTON, January 5, 1863.

Col. W. H. LUDLOW, Agent for Exchange of Prisoners:

Shall rebel officers captured in the West be sent to Vicksburg for exchange as heretofore?

W. HOFFMAN, Commissary-General of Prisoners.

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CINCINNATI, January 5, 1863.

Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

COLONEL: At the battle of Perryville, Ky., while engaged in rallying one of my regiments momentarily thrown into some disorder by an attack of the enemy in great force I was disabled by a wound and taken prisoner. On the day following I was paroled at Harrodsburg. On the night of my arrival in this city I received a telegram from Washington of which the following is a copy:

WASHINGTON, October 14, 1865.

Col. W. H. LYTLE:

Your telegram respecting exchange has been received and the Adjutant-General instructed to negotiate your exchange as speedily as possible. Allow me to express my high estimation of your gallantry and hope for your speedy recovery and restoration to your command with appropriate rank.

E. M. STANTON, Secretary of War.

Notwithstanding this order to the Adjutant-General I have not yet after the lapse of more than two months received any notification of my exchange, and recently at Murfreesborough to my intense regret my old command has been in action without me. May I not ask, colonel, your earliest attention to my case and that if practicable my exchange may be effected without further delay?

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

WM. H. LYTLE, Colonel Tenth Ohio Volunteer Infantry, Lately Commanding Seventeenth Brigade, Rousseau’s Division.

P. S.-I will add that my address is to Cincinnati, under orders from Major-General Wallace, commanding camp paroled prisoners at Columbus, dated October 25, 1862, to remain here until I was “recovered, exchanged and received orders.”

W. H. L.

{p.155}

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OFFICE PROVOST-MARSHAL-GENERAL, Wheeling, January 5, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

SIR: I have the honor to reply to yours of the 3d instant asking for the charges, &c., against Mary Jane Green. In the month of August, 1861, when on the staff of General Rosecrans and acting as provost-marshal in the field I had this girl in custody in the jail of the town of Sutton, Va., charged as a spy for the guerrillas. She did not deny the same and cursed terribly, vowing what she would do if ever released. I directed that she should be sent to Wheeling, where she was confined until December 1861 when General Rosecrans made his headquarters in this city. I balled upon her to see if any change had taken place in her disposition but found her as bitter as ever. General Rosecrans had her brought before him when she abused him well with her tongue and he ordered her back to jail. Shortly before General Frémont assumed command of the Mountain Department General Rosecrans directed me to send Mary Jane Green to her home in Braxton County with the hope and expectation that the Union troops would shoot her. I released her, gave her transportation and in a very short time she was returned to me having been caught in the act of destroying the telegraph line near Weston, Lewis County, Va. This was in May, 1862. On her arrival here she took sick, refused to take medicine and came near dying. This seemed to cool her somewhat and since August last she has professed penitence. She is an ignorant creature, but at times has the ferocity of a perfect she-devil about her. I cannot advise her release and respectfully suggest, as in the case of Marian McKenzie alias Harry Fitzallen, reported to you December 24 and 25 (to which I have no reply*), that she be sent if possible to some house of refuge or detention and be held there until the end of the rebellion. I omitted to say that in April last before I sent her home I let Mary Jane Green out of jail on parole and got her a place to work with a family here, but owing to her bad temper and conduct I was obliged to place her again in custody. Her three brothers are now guerrillas.

Very respectfully, your obedient servant,

JOS. DARR, JR., Major and Provost-Marshal-General.

* See Hoffman to Darr, p. 130.

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HEADQUARTERS FIRST TENNESSEE PARTISAN RANGERS, January 5, 1863.

COMMANDER OF THE POST, Bolivar, Tenn.

SIR: About ten days ago the U. S. forces stationed at Bolivar captured John B. Scarborough, assistant surgeon, and Thomas W. Bass, forage master, of my regiment of Partisan Rangers. They have not yet been paroled, in violation of the cartel. In the case of the assistant surgeon, in retaliation I have captured two surgeons of the U. S. Army, one of whom, Ezekiel P. Bud, surgeon of the Eightieth Ohio Regiment of Volunteers, I propose to exchange for John B. Scarborough, assistant surgeon. I also propose to exchange Second Lieut. Thomas L. Patton, of Company A, Eightieth Ohio Regiment Volunteers, for Thomas W. Bass, forage master. In this exchange I give you advantages in giving officers of superior rank for others of inferior rank, and in the instance of the forage master a commissioned officer for a private detailed to act as forage master, but I can afford to be generous to an enemy who {p.156} violates the usages of civilized war and a solemn compact between belligerents.

I have now in my possession Second Lieut. Robert Hill, Company D, and Adjt. James E. Philpott, of Eightieth Ohio Regiment Volunteers, also Surg. Joseph S. Martin, of Seventh Kansas Regiment U. S. Volunteers, whom I intend to hold as hostages for the violations of civilized usages of war and the cartel already committed and threatened against my command. If my surgeon and forage master are exchanged I will parole the other officers named. Capt. A. W. Cushman and Privates Jehu A. Hill, Henry B. Bullard, Thomas Bates, William Johnson, Henry S. Dancey, Spencer B. Shelton, John M. Lewis, Marcus Lott and Cullin McCray, as an escort, are bearers of flag of truce and this dispatch.

Very respectfully,

R. V. RICHARDSON, Colonel, Comdg. Regiment of Partisan Rangers, C. S. Army.

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HOUSE OF REPRESENTATIVES, Washington, January 6, 1863.

Hon. E. M. STANTON, Secretary of War.

SIR: Inclosed you will find the application* of certain officers of the Second Regiment of New Mexico Militia for exchange. The application is submitted by the Acting Governor of New Mexico to the commandant of the Department of New Mexico and has the favorable indorsement of Brig. Gen. James H. Carleton upon it, and I hope it may be convenient and agreeable to have the exchange made.

Yours, respectfully,

JOHN S. WATTS, New Mexico.

[Indorsement.]

FORT MONROE, May 12, 1863.

Respectfully returned to Col. W. Hoffman, commissary-general of prisoners. All captures in New Mexico up to January 1, 1863, have been declared exchanged.

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

* Not found.

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HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, January 6, 1863.

Lieut. Gen. J. C. PEMBERTON, Comdg. Dept. of Mississippi and East Louisiana, Vicksburg:

Your communication of the 1st instant was received this day at 12 meridian. It is my desire to conform to and carry out the provisions of the cartel for the exchange of prisoners of war. I have not the requisite information to enable me to state exactly what proposition of exchange I can make, but at the earliest possible moment I will communicate with you as requested in your letter.

I do not know that it is necessary for me to carry out the intention attributed by you to General Butler to retain fourteen of the chiefest Confederate prisoners of war then in his hands, including Brig. Gen. Charles Clark, until he should receive instructions from his Government as to the disposition to be made of them. As soon as I can ascertain the facts in the case I will communicate with you, and also in {p.157} relation to Captain Murphy, named in the extract from the letter of Robert Ould, esq., agent of the Confederate States for the exchange of prisoners of war. General Orders, No. 147, of 1862, from the War Department, Adjutant-General’s Office, recognize the exchange of Captain Murphy.

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

N. P. BANKS, Major-General, Commanding.

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NEW ORLEANS, January 6, 1863.

Maj. N. G. WATTS, Agent for the Exchange of Prisoners, Lakeport:

Partisan Rangers will be exchanged in accordance with the terms specified in the cartel in relation to them. I will communicate an answer on the subject of exchanges as soon as I can examine the subject and will transmit it to some point such as General Pemberton requests in his letter.

N. P. BANKS, Major-General, Commanding.

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HEADQUARTERS DEPARTMENT OF THE OHIO, Cincinnati, Ohio, January 6, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: I have the honor to acknowledge the receipt of your letter of the 30th ultimo in regard to selecting a suitable and available officer to relieve Col. Daniel Cameron Sixty-fifth Illinois Volunteers, a paroled officer, from the command at Camp Douglas, Chicago, Ill. Brig. Gen. J. Ammen, U. S. Volunteers, has been ordered to the command of Camp Douglas, he being the only suitable officer available for the duty, which seems to require that rank in order to enable the officer to command any colonels who may be at the camp, and General Ammen has only now become available by the removal of most of the troops from Camp Dennison, where he has been for some time stationed.

Very respectfully, your obedient servant,

H. G. WRIGHT, Major-General, Commanding.

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WELDON, N. C., January 6, 1863.

Maj. Gen. J. G. FOSTER, U. S. Army, Commanding Eighteenth Army Corps, New Berne, N. C.

GENERAL: I have the honor to acknowledge the receipt of your communication of the 31st ultimo and a copy of a letter addressed to you by Edward Stanly, who signs himself military governor of North Carolina. In relation to prisoners of war when they have been paroled I can say never to my knowledge have they been nor have I ever heard of their having been employed in the performance of any duty for the Government. As my Government has so faithfully respected the parole of prisoners I am the more astonished that you should have brought a merely hearsay rumor that came to the ears of the editor of the Raleigh Standard to my notice when an order was issued from the War Department of the United States requiring as I remember paroled prisoners to instruct recruits, garrison fortresses in the rear of the army, guard prisoners, &c. While our press as the extract you sent me shows would denounce such violation of a parole of {p.158} honor I have seen yours teeming with the demand that the prisoners we had captured and paroled should be sent to Minnesota to repel the Indians then at war with your people.

...

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

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

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HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, January 6, 1863.

Brig. Gen. LEWIS MERRILL, Commanding District of Northeast Missouri, Warrenton, Mo.

GENERAL: It is understood that the rebel Government has refused to parole and exchange our officers, in consequence whereof the general commanding is directed to exchange no more officers until this question is settled. I am directed to say that until further orders you will please cause all rebel officers taken prisoners within your command to be forwarded under guard to the provost-marshal-general at these headquarters.

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

H. Z. CURTIS, Assistant Adjutant-General.

(Same to Brig. Gen. Ben. Loan, commanding District of Central Missouri, Jefferson City; Brig. Gen. E. B. Brown, commanding District of Southwest Missouri, Springfield; Brig. Gen. E. A. Carr, commanding District of Saint Louis, Saint Louis.)

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HEADQUARTERS DEPARTMENT OF THE CUMBERLAND, Murfreesborough, January 6, 1863.

General R. B. MITCHELL.

GENERAL: The general commanding directs that the Confederate prisoners be forwarded to Alton. Officers will not be paroled on account of Jeff. Davis’ proclamation and order. Official letters will be written which you will cause to be read to them.

Our own paroled prisoners who have no written evidence of their parole will be ordered to their regiments their parole being unlawful.

Continue your vigilance in arresting every officer who is in the city without permission from division approved by cores commanders or from these headquarters.

Confine them and send lists of names promptly.

Very respectfully, your obedient servant,

C. GODDARD, Major and Acting Assistant Adjutant-General.

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HEADQUARTERS FIRST TENNESSEE PARTISAN RANGERS, January 6, 1863.

COMMANDER OF THE POST, Bolivar, Tenn.

SIR: I am informed that Forage Master Thomas W. Bass and Asst. Surg. John B. Scarborough, of my regiment, First Tennessee Partisan Rangers, C. S. Army, who have been captured as prisoners of war {p.159} by the U. S. forces at Bolivar, are now on trial before a military commission upon charges of murder, arson, robbing and I suppose all the black crimes that are customarily committed by your Government. This proceeding is most savage and brutal and a gross violation of every usage and law of civilized war.

I wish to state simply that these men are duly mustered into the military service of the Confederate States by myself acting under the authority and commission duly issued by the Secretary of War under special order of the President of the Confederate States. Thomas W. Bass has been appointed by me forage master and Dr. J. B. Scarborough has been appointed assistant surgeon of the First Tennessee Regiment of Partisan Rangers, C. S. Army. The Partisan Ranger service is a legally organized branch of the C. S. Army under an act of the Congress of the Confederate States. In my operations I have not violated the laws of war; your army has done it time and again. This pretended trial of Bass and Scarborough is one of the many gross and wanton violations of the military law of nations. If this proceeding is not immediately stopped and these men treated as prisoners of war or if they are punished capitally or cruelly treated as prisoners of war I will retaliate tenfold, and that you may know I have the means to execute my threat of retaliation I refer you to my note of the 5th instant sent to you under flag of truce.

U. S. officers and soldiers have been stealing negroes, horses, mules, money, &c.; they have plundered houses, broken open bureau drawers, searched the person of ladies and insulted women; they have burnt houses and assassinated unoffending men, women and children all over the land, and yet when they have been captured although we had every reason to avenge these injuries they have been promptly paroled except when necessary to retaliate. No unusual trials have been resorted to to scare prisoners and extort from them the oath of allegiance to a belligerent government. Your command has pillaged my own premises and grossly insulted my wife and very nearly shot one of my children and have threatened to burn my houses. I wish to notify you and your command that if I can get hold of the demons who have perpetrated these acts or who shall perpetrate them again, or who shall order or execute these threats, I will not treat them as prisoners of war but as outlaws and enemies of mankind. Further if any non-combatant citizen of the Confederate States and of West Tennessee shall be captured or their houses burned or other property destroyed I will retaliate by capturing two Union citizens for each Confederate citizen and will take or destroy from Union men and U. S. soldiers and Government twice the amount of property taken or destroyed. My family resides near your army and those also of my relations and friends; for every depredation and insult committed against them I will retaliate upon Union men, Union soldiers and property.

Capt. Albert W. Cushman and escort will bear this note and flag of truce.

Yours, &c.,

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

P. S.-Capt. J. Slaughter Caruthers with escort composed of John Ford, Henry McCain, T. T. Bennett and F. W. Hughes will bear this dispatch under flag of truce.

Yours, &c.,

R. V. R.

{p.160}

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SAINT LOUIS, January 7, 1863.

Brig. Gen. E. B. BROWN, Springfield:

If men come from enemy’s lines they must be taken and held as prisoners of war or as spies unless they swear and give bond to abjure all connection with the so-called Confederate rebellion and swear allegiance to the United States.

S. R. CURTIS, Major-General.

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HEADQUARTERS CAMP OF INSTRUCTION, Benton Barracks, Mo., January 7, 1863.

Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

SIR: Having been directed by the major-general commanding the department to correspond with you directly in matters pertaining to paroled prisoners I have the honor to represent that cases are constantly occurring of the capture of civilians in the employ of the Government in the capacity of mechanics and otherwise. Upon being paroled they come here destitute of the means of subsistence or of returning to their homes sometimes as distant as New Orleans. They are referred for instructions from one headquarters to another, till at last they are sent to this post with no definite orders. They are generally anxious to be exchanged and to resume their employment. Until that is effected ought they [not] to be borne upon our list and subsisted like paroled soldiers? I would not trouble you with these questions, but these instances are occurring so frequently that I deem it well that the wishes of the Government on this subject should be distinctly understood.

All of which is respectfully submitted.

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

B. L. E. BONNEVILLE, Colonel, U. S. Army, Commanding.

[Indorsement.]

OFFICE COMMISSARY-GENERAL OF PRISONERS, January 14, 1863.

Respectfully referred to the Quartermaster-General. Probably most of these men referred to have been exchanged under the recent declaration and they may be again employed by the Government.

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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HEADQUARTERS ARMY OF THE POTOMAC, Office Provost-Marshal-General, January 7, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners, &c.

COLONEL: I beg leave to invite your attention to the loose and irregular manner in which exchanged U. S. prisoners from the Parole Camp at Annapolis are returned to the Army of the Potomac. Three large detachments have been recently landed at Aquia Creek under mere nominal control without orders or instructions of any kind. They come under the cognizance of this office only as stragglers, for through no fault of their own they are nothing else from the moment {p.161} of their landing. No descriptive papers concerning them have been received by me excepting in one instance a list of upward of 1,000 men, while but few, upward of 100, reported at this office for distribution to their regiments. Through existing regulations commanders look to me for the proper return of their men dismissed from such camps; but my own part in the transmission of men from Annapolis is simply accidental as above indicated. On the 5th instant there arrived at Aquia Creek 380 men from the Parole Camp at Annapolis under charge of First Lieutenant Barker and two more lieutenants. They were sent off by the commandant of the camp the day previous with some 480 men via Washington, without a guard, without rolls and apparently without orders. On reaching the Soldier’s Rest at Washington some 50 men were missing-lost along the way. The remainder, 430, were forwarded from Washington on the 6th instant, but on am-riving at Aquia Creek only 380 could be accounted for. Of this number 211 it was found did not belong to this army and were sent accordingly back to Alexandria under a suitable guard for delivery to Maj. W. H. Wood, Seventeenth U. S. Infantry, assistant provost-marshal-general, Army of the Potomac, who will return them in due course to their respective regiments. Even the number thus accounted for were disposed of with great difficulty and embarrassment, for the confused condition of this transfer and indeed the transfer itself came to my knowledge only by accident.

I have the honor to inclose a copy of General Orders, No. 192, and to suggest that its provisions be made to cover the transfer of exchanged U. S. soldiers dismissed from the several camps for paroled prisoners. By this arrangement soldiers will be returned de facto when dismissed from parole camps, and moreover they will be properly equipped for service when they are received. At least I must earnestly request that I be duly apprised by telegraph when such a transfer is to be made mu order that I may either arrange for the transmission of all large detachments under a guard of my own or for their reception here by my own guard to relieve an efficient guard accompanying them from the start.

Very respectfully, your obedient servant,

M. R. PATRICK, Provost-Marshal-General.

[Inclosure.]

GENERAL ORDERS, No. 192.}

HDQRS. ARMY OF THE POTOMAC, Camp near Falmouth, Va., December 24, 1862.

I. In order to facilitate the return to duty of officers and men detained at the camp of convalescents, stragglers, &c., near Alexandria, Maj. W. H. Wood, Seventeenth Infantry, assistant provost-marshal-general, Army of the Potomac, will repair to Alexandria and take charge of all such officers and men in the various camps of that vicinity as are reported for duty in the field, superintending their muster and embarkation by corps under the direction of the corps officers designated for that purpose and providing the proper escort for the detachment on board the steam-boat to Aquia Creek.

II. As the men in those camps are without arms, frequently without proper clothing and therefore useless with their regiments until supplied each corps commander will appoint subject to the approval of the commander of his grand division a suitable officer to take charge of the arming, equipping, clothing and conducting to corps headquarters for the distribution to their respective regiments and commands all officers and men of the corps who may be turned over to him by Major Wood.

{p.162}

III. The corps officer charged with this duty must keep himself thoroughly posted as to the caliber and description of all arms, kinds of equipments, clothing, &c., used by the various regiments and commands of his corps, and on being notified from the office of the provost-marshal-general that a detachment of convalescents, &c., is in readiness for him at Alexandria will repair to that place with a copy of this order and of the order detailing him for the duty, report to Major Wood and make requisitions for such arms, clothing, &c., as may be necessary to fit out every man of the detachment for immediate service with forty rounds of ammunition.

IV. As soon as possible after the requisitions are filled the corps officer will make the necessary issues to the men (taking such receipts from and making such charges against them as will enable him to transfer the accountability for the property issued to the commanders of regiments and companies to which the men belong and furnish the necessary data for the settlement of their account) and conduct them to the headquarters of his corps for distribution to their respective regiments and commands.

V. Capt. H. S. Welton, Nineteenth Infantry, now at Alexandria, will report with his company to Major Wood and assist him in the execution of this order.

By command of Major-General Burnside:

LEWIS RICHMOND, Assistant Adjutant-General.

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HDQRS. RIGHT WING, FOURTEENTH ARMY CORPS, In Camp near Murfreesborough, January 7, 1863.

Brigadier-General DAVIS, Commanding First Division.

GENERAL: By authority of the general commanding General McCook directs that all of your command claiming to have been paroled by the enemy but who have no written evidence of it or whose paroles are signed by any other than a commissioned officer of the Confederate Army be returned to duty with their regiments, all such paroles being illegal. He directs that all paroled men in your command be collected together and the evidence of their parole examined and the men disposed of as herein indicated.

Lists of those properly paroled will be furnished by division provost-marshal to the provost-marshal-general at headquarters Department of the Cumberland, who will give directions concerning them.

Very respectfully, your obedient servant,

J. A. CAMPBELL, Major and Assistant Adjutant-General.

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GENERAL ORDERS, No. 1.}

HDQRS. DEPT. OF THE CUMBERLAND, Murfreesborough, Tenn., January 7, 1863.

The general commanding is pained to inform the commissioned officers of the Confederate Army taken prisoners by the forces under his command that owing to the barbarous measures announced by President Davis in his recent proclamation denying paroles to our officers he will be obliged to treat them in like manner. It is a matter of regret to him that this rigor appears to be necessary, and he trusts that such remonstrances as may well be made in the name of justice, humanity and civilization will reach the Confederate authorities and induce them to pursue a different course thereby enabling him to accord {p.163} to their officers those privileges which he is always pleased to extend to brave men even though fighting for a cause which he considers hostile to our nation and disastrous to human freedom.

By command of Major-General Rosecrans:

C. GODDARD, Assistant Adjutant-General and Chief of Staff.

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MURFREESBOROUGH, January 8, 1863.

Colonel HOFFMAN:

We desire to send our prisoners to the most convenient point for prompt exchange. Where shall it be?

W. S. ROSECRANS, Major-General.

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WASHINGTON, D. C., January 8, 1863.

Brig. Gen. L. THOMAS, Adjutant-General U. S. Army.

GENERAL: I have the honor to submit the following for the consideration of the honorable the Secretary of War:

Eleven months ago I was arrested in this city, conveyed to Fort Lafayette and placed in close confinement.

At the time my division headquarters were at Poolesville, Md., where were kept all my papers, public and private, which had accumulated during a continuous field service of many months and where I had the private property belonging to the usual equipment of a general officer in the field.

All this property and papers was as I am informed taken possession of by the Government and conveyed to the office of the War Department.

Subsequently a portion of my clothing and equipment was sent to the residence of my family in this city.

A considerable portion of my clothing, &c., has never been returned, nor have any of my papers, public or private, been restored.

The papers and articles retained (including the letters of my wife and family) embrace many which have great value to me and can have little to any one else-none whatever to the Government.

These articles are my property and mine only and the only effect of their retention will be inconvenience and annoyance to me.

I therefore request that orders may be given directing the restoration of my property and papers, which have now been eleven months out of my possession without a receipt or catalogue furnished to me.

Very respectfully, I am, general, your most obedient servant.

CHAS. P. STONE, Brigadier-General.

[Indorsement.]

WAR DEPARTMENT, January 9, 1863.

Return to the Adjutant-General with the information that the property and papers were brought to this Department by one of General Stone’s aides; that the property was delivered to Mr. Parker, General Stone’s brother-in-law; that the papers were at the time sealed up and remain so still, and that the Judge-Advocate was instructed nearly two months ago to examine the papers and such as were of a private nature returned to General Stone, retaining only such as were of a public character or important as evidence.

P. H. WATSON, Assistant Secretary of War.

{p.164}

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., January 8, 1863.

Col. W. H. LYTLE, Tenth Ohio Infantry, Cincinnati, Ohio.

COLONEL: Your letter of the 5th instant is just received, and in reply I would state that to guard against the possibility of your name not being on the rolls for exchange I have written to Colonel Ludlow, agent for exchange of prisoners, to call his particular attention to your ease which I hope will result in your speedy exchange.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS Washington, D. C., January 8, 1863.

Lieut. Col. W. H. LUDLOW, Agent for Exchange of Prisoners, Fort Monroe, Va.

COLONEL: I have just received a note from Col. W. H. Lytle, Tenth Ohio Infantry, expressing great anxiety to be exchanged, and fearing that his name may not be on the rolls I call your attention to his case and I beg that you will not lose sight of it should the exchange of any officers [be] acted upon. He was captured at Perryville.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., January 8, 1863.

Asst. Surg. N. A. HURSAM, Twentieth Maine Volunteers, Washington, D. C.

SIR: I am informed by Lieutenant-Colonel Ludlow, agent for exchange of prisoners, that it is understood between him and B. Ould, esq., agent for exchange on the part of the Confederate service, that all paroles exacted of medical officers in either army by subordinate commanders are null and void; the parole exacted of you by Major Fairfax, of the Confederate Army is therefore not binding and you will proceed to join your regiment without delay.

By order of the General-in-Chief:

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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MADISON, WIS., January 9, 1863.

Hon. E. M. STANTON:

In the matter of habeas corpus of the Ozaukee County prisoners arrested and held in custody for resisting the draft the supreme court will make a decision on the 12th instant. Should they decide that the President has not the power to suspend the writ of habeas corpus or to punish by court-martial persons forcibly resisting the draft and should issue an attachment in order to enforce their decision shall I release the prisoners? If not released in such a case there may be {p.165} collision between State and U. S. authorities. I have information of a confidential nature which warrants this dispatch and renders an early reply necessary.

W. L. ELLIOTT, Brigadier-General, Commanding.

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HEADQUARTERS EIGHTH ARMY CORPS, Baltimore, Md., January 9, 1863.

Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

COLONEL: A large number of persons are found bearing paroles similar to the inclosed. The persons who hold these paroles claim the privilege of going at large without restriction as long as they keep within the loyal States. This it will readily be seen might lead to great abuse and serve as a protection to spies and all kinds of disloyal persons and this too without the parties being detected in any misconduct or overt act which would authorize a revoking of the parole. The major-general commanding this department desires to know whether such paroles as these shall be regarded or shall the persons bearing them be arrested or sent beyond the Union lines? Please return the parole inclosed, which is an original taken from a person who has been arrested and is now in confinement until your decision is known.

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

WM. D. WHIPPLE, Assistant Adjutant-General.

[Inclosure.]

OFFICE PROVOST-MARSHAL-GENERAL, Camp near Sharpsburg, Md., September 27, 1862.

I, Victor Brand, private, Seventh Louisiana, prisoner of war, taken at battle of Antietam, do hereby request that I be not returned by exchange or upon parole, and I do give my parole of honor that I will not take up arms against the Government of the United States or in any manner give aid or information to its enemies or go within any of the States now in rebellion until released from this obligation by competent authority.

his VICTOR x BRAND, mark Private, Seventh Louisiana.

Subscribed in presence of-

JAMES W. FORSYTH, Captain and Acting Assistant Adjutant-General.

The above-named Victor Brand is permitted to proceed to and remain in any of the loyal States.

By command of the provost-marshal-general, Army of the Potomac:

JAMES W. FORSYTH, Captain and Acting Assistant Adjutant-General.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., January 9, 1863.

Maj. JOSEPH DARR, Jr., Provost-Marshal-General, Wheeling, Va.

MAJOR: Your letters of 24th and 25th ultimo in relation to Marian McKenzie were answered on the 30th ultimo but my letter was missent {p.166} and I therefore rewrite it and inclose* it herewith, but do not release her until you have referred her case again with such charges as may be presented against her. I approve of your suggestion that Mary Jane Green should be placed in a house of refuge, and if there is one within reach where she will be received the Government paying for her board you are authorized to send her there, and you may make the same disposition of Marian McKenzie if she cannot be brought to trial as a spy and her character is like that of Mary Jane Green. Should you be unable to have them received at a house of refuge what are your means for holding them at Wheeling? I approve of your action in paroling Kate Brown.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

* See p. 130.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, January 9, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: I have the honor to inclose to you the within declarations* of exchanges agreed upon by Robert Ould, esq., Confederate agent for exchange of prisoners, and myself at City Point, Va., on the 8th instant.

I am, very respectfully, your obedient servant,

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

* See General Orders, No. 10, January 10, p. 169.

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OFFICE PROVOST-MARSHAL-GENERAL, Saint Louis, Mo., January 9, 1863.

Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, Washington, I). C.

COLONEL: I have the honor of transmitting for your consideration the following extract from a letter received from J. B. Douglass, colonel commanding Sixty-first Regiment Enrolled Missouri Militia, Columbus, Mo., under date of December 29, 1862:

I wish to know whether John T. Singleton has been released as he was in my county a few days since. He was an officer in Price’s army and a very bad and dangerous man. He once made his escape from Alton and was rearrested at Liberty, in this State. I know him well. He is a bad man and should not be set at liberty. Let me hear from you at your earliest opportunity in this case. For God’s sake do not let out the worst men and keep the poor ignorant boys in prison.

I will say that I am personally acquainted with Colonel Douglass and can vouch for his integrity and patriotism. His statements are worthy of credence. Colonel Hildebrand, commanding post at Alton, writes me January 5 that Singleton was released upon your order on the 6th of September or 1st of November and that some ninety others were discharged about the same time. It is important for me to know if prisoners at Alton who have been sent from this office before I came into it are liable to be released by order from Washington without first notifying me. If so it will be necessary for me at once to send you the charges or evidence against such prisoners, for pretended Union men from Missouri are constantly applying for the release of bad rebels. I {p.167} would respectfully suggest that applications for such release should be referred to this office before being acted upon, otherwise such men as Singleton may be released upon the belief that they are worthy of it. I ask that you will instruct Colonel Hildebrand to report immediately to this office all released from the Alton Prison, and that also all released from Sandusky of Missouri prisoners be reported here. I am often embarrassed for the want of such information.

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

F. A. DICK, Lieut. Col. and Provost-Marshal-General, Dept. of the Missouri.

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SPECIAL FIELD ORDERS, No. 6.}

HDQRS. DEPT. OF THE CUMBERLAND, } Murfreesborough, Tenn., January 9, 1863.

...

XIII. To insure proper care of the Confederate sick and wounded within our lines Surgeon Avent, C. S. Army, is appointed medical director for them. All Confederate and other surgeons employed in care of their sick in hospitals and private houses and all citizens having Confederate sick or wounded in either case will promptly report their location, names, number and condition to Surgeon Avent, and will be held responsible for their care and conformity to his orders or the orders of our military authorities. No medical men, nurses or invalids will leave their hospitals or places without his permission, and none will be removed without written application sanctioned by him and approved by the medical director of our army. All nurses or patients leaving without such permission will be treated as deserters and medical officers violating these orders will be severely punished. Needful supplies will be issued on requisitions sanctioned or submitted by Surgeon Avent and approved by authority of the medical director of this army. Surgeon Avent will furnish with the least possible delay lists of the Confederate sick and wounded within our lines, and morning reports of the nurses and sick certified to on honor as the basis on which he makes his requisitions. He will promptly report for negligence or disobedience of orders all delinquent medical officers and others under his control. These regulations being for the good of those whom it concerns the general commanding trusts they will be fully and cheerfully complied with.

...

By command of Major-General Rosecrans:

HENRY STONE, Lieutenant and Acting Assistant Adjutant-General.

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GENERAL ORDERS, No. 3.}

HEADQUARTERS EIGHTH ARMY CORPS, Baltimore, Md., January 9, 1863.

In all cases when the troops of this army corps are captured by the enemy and paroled the senior officer present shall cause to be prepared and forwarded to the office of the commissary-general of prisoners at Washington with as little delay as practicable a full list by regiments and companies of all so paroled, giving the name, rank, regiment and company of each person, the time and place of capture and the disposition made of them. Like rolls shall be prepared and furnished to the same office of all rebel prisoners captured by our forces. When the circumstances are such that a roll cannot be immediately prepared a {p.168} written report giving the number of officers and men, the time and place of capture and the disposition made of them shall be forwarded followed by the necessary rolls at the earliest practicable moment.

By command of Major-General Schenck:

WM. D. WHIPPLE, Assistant Adjutant-General.

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WAR DEPARTMENT, Washington, January 10, 1863.

Major-General WRIGHT, Cincinnati: ...

All our paroled prisoners taken prior to December 10 are declared exchanged. Get them back to their regiments in the field as rapidly as possible.

H. W. HALLECK, General-in-Chief

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HEADQUARTERS U. S. PAROLED FORCES, Columbus, Ohio, January 10, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

SIR: In reply to your communication of the 29th ultimo I beg leave to state that rolls of Kentucky Home Guards are being made out and will be forwarded to you as soon as completed. The reason that a reply to your communication has been deferred is that parties reporting here as paroled prisoners are without descriptive lists or any evidence whatever of their being in the service. The consequence is that an examination, often difficult, is required to ascertain from whence they came and where they belong. This has been the case with prisoners belonging to the Kentucky Home Guards referred to in your late communication. Your suggestions relative to furnishing you with lists of the paroled prisoners will be complied with. I would respectfully call your attention to what cannot be regarded otherwise than an abuse. I refer to the fact that exchanged prisoners from Camp Parole (Annapolis) belonging to regiments in West Virginia frequently arrive here after having gone to Louisville or other places on the Ohio from whence they have been sent here. They arrive here without descriptive lists or any evidence of their connection with the service, demanding transportation to their regiments after having taken the roundabout trip above stated. The want of care in giving this class of prisoners a proper direction in the first instance is not only productive of a useless expense to the Government but often of great hardship and inconvenience to the prisoners themselves, who are often without means to supply themselves with subsistence. If this evil could be corrected it would subserve time interests of the Government and the convenience of the prisoners exchanged.

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

WM. VON DOE UN, Assistant Adjutant-General to General Cooper.

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WHEELING, VA., January 10, 1863.

DIRECTORS HOUSE OF REFUGE, Cincinnati

GENTLEMEN: The Government desires to place in an institution similar to your own two female prisoners over the age of twenty, one {p.169} charged with destroying the telegraph line in Western Virginia, the other with frequenting our camps in male attire-it is supposed in the character of a spy. The object is to hold them until the rebellion is crushed and in the meantime place them at work. Please advise me whether you can receive them and hold them at the expense of the Government. It is desired if possible to reform these creatures.

Very respectfully,

JOS. DARR, JR., Major and Provost-Marshal-General.

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HEADQUARTERS ARMY OF THE POTOMAC, Office Provost-Marshal-General, January 10, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: Concerning the subject-matter of your letter of the 7th ultimo to Col. E. D. Townsend, assistant adjutant-general, a copy of which has been referred to this office, General Patrick wishes me to say that all paroled U. S. soldiers who have been returned to the Federal lines since the army has been upon the Rappahannock have been forwarded to you under proper conduct, together with all the rolls and records pertaining to them made out in accordance with existing regulations excepting men perhaps who eluded the restraints necessarily put upon them, such probably having made their way to Washington individually without orders. In the event of your having failed to receive any of the requisite documents relating to paroled soldiers sent from this office you are requested to state what is missing. General Patrick wishes me to call your attention to the fact that it has become a common form of desertion in this army to forge parole certificates. By means of these men straggle off or rather desert to parole camps where too frequently their claims are recognized. So far as this office is informed no U. S. soldiers of this army have been liberated by the enemy on parole without individual certificates of parole excepting those paroled at Fredericksburg, whose original parole papers were passed over to this office and upon the 28th ultimo forwarded to you. At this office the word of no man claiming to be paroled is taken unless he produce a certificate of parole and usually his statement is referred to his officers for an official report in his case. Several cases of desertion under false parole claims have recently come to the notice of this office and the men have been punished accordingly, while it is known that many deserters of this description have succeeded in making their way by land to Alexandria and Washington.

Very respectfully, your obedient servant,

J. P. KIMBALL, Assistant Adjutant-General.

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GENERAL ORDERS, No. 10.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, January 10, 1863.

I. The following officers and men have been declared duly exchanged as prisoners of war since the announcement in General Orders, No. 191, of November 19, 1862:

1. All the officers and enlisted men who were delivered at City Point, Va., from the 11th of November, 1862, to the 1st of January, 1863.

2. All officers and enlisted men captured at Harper’s Ferry.

{p.170}

3. All officers and enlisted men paroled at Winchester November 15 and 26, 1862, and December 1, 1862.

4. All officers and enlisted men paroled by Colonel Imboden November 9, 1862.

5. All officers and enlisted men paroled at Goldsborough, N. C., May 22, 1862, and delivered at Washington, N. C.

6. All captures of officers, enlisted men and camp followers in Missouri, Kansas, Arkansas, New Mexico, Texas, Arizona and Louisiana up to January 1, 1863.

7. All captures of officers, enlisted men and camp followers in Kentucky, Tennessee, Mississippi, Alabama, South Carolina and Florida up to December 10, 1862.

8. All captures on the sea, the sea and Gulf coasts and the waters flowing into the same up to December 10, 1862.

II. The paroled troops herein declared to be exchanged will be without delay equipped for the field and forwarded to the armies to which they belong from posts or camps wherever they may be collected. All officers and enlisted men absent in virtue of being on parole will now that they are exchanged immediately return to duty with their proper commands.

By order of the Secretary of War:

E. D. TOWNSEND, Assistant Adjutant-General.

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MURFREESBOROUGH, January 11, 1863.

Hon. EDWIN M. STANTON, Secretary of War:

The crimes of spying, murder, arson, rape and others as well as desertion are increasing, and the power to check them by inflicting the penalty of death is a nullity, for by the delays necessary to get them a regular trial by general court-martial and then holding them until the matter is reviewed and approved by the President such a time elapses that the troops are relieved and the culprit escapes. This ought to be remedied.

W. S. ROSECRANS, Major-General.

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HEADQUARTERS DEPARTMENT OF THE CUMBERLAND, Murfreesborough, January 11, 1863.

Lieut. FRANCIS BRADY.

LIEUTENANT: You appeared at on picket-lines on a side road bearing a white flag and conducting two ladies who you say wished to enter our lines.

You produce an order or what purports to be an order from John W. Green, acting assistant adjutant-general of Morgan’s division, to Captain Quirk, commanding a company of scouts at Liberty, to send the ladies under a flag of truce to Murfreesborough.

Under the laws of war you and your party are arrested as spies and will be held for trial.

A feeling of humanity and your appearance and statements, however, induce the general commanding the department to permit you to return to General Morgan and procure such testimony as you can to relieve you from the position in which you are placed.

{p.171}

General Rosecrans desires me to state to you: First, a flag of truce is a solemn public embassy sent for important purposes of war or humanity by the superior commanders of opposing forces and duly accredited by the sender. No subordinate can send a flag of truce nor can it pursue any by or side road. Second, any one using a flag of truce otherwise is liable to be denied the privileges of civilized soldiers in battle and those who carry the flag to be treated as spies.

General Morgan ought to know this. It has been the subject of correspondence between General Rosecrans and General Bragg. General Bragg informed General Rosecrans before General Morgan was married that he had already given orders in reference to this matter. General Rosecrans therefore desires me to say to you that if under these circumstances by going to General Morgan’s headquarters you can produce any evidence that will relieve you from the charge and save you from the fate of a spy you may go on your parole to return in three days and bring with you such sworn and other testimony as you may be able to procure.

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

G. P. THRUSTON, Captain and Acting Aide-de-Camp.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, January 12, 1863.

Brig. Gen. M. R. PATRICK, Provost-Marshal-General, Army of the Potomac, Falmouth, Va.

GENERAL: I have the honor to acknowledge the receipt of your letter of the 7th instant, and I must express my regret that there has been so much neglect in forwarding exchanged troops from the camp at Annapolis to your headquarters. It shall be remedied. I required that they should be sent under the command of the senior officer by water and that as complete rolls as possible by regiments should be sent with them. After consulting with the Adjutant-General at Army Headquarters it was deemed not advisable to furnish the detachments with arms and equipments because regiments in the field are generally encumbered with surplus arms, and as the number of men to a regiment rarely exceeds fifty, generally much less, it was thought there would be no difficulty in equipping them after joining. To carry out your wishes in this particular it will be necessary to put in force at Annapolis the order issued for Camp Banks, and I respectfully urge that officers be sent from the Army of the Potomac for this service. Guards were not ordered to accompany the detachment because I assumed that not being prisoners they would be conducted by their officers as all other troops are, but if a guard had been necessary there were no troops at Annapolis to furnish it. I inclose herewith a copy* of a letter just received from the commanding officer at Camp Parole, Annapolis, reporting the condition of paroled prisoners just arrived from Richmond, Va., and this is only a repetition of what has been done before more than once. It is a matter of great difficulty to force officers in charge of such commands to perform their duty properly. Instructions however specific are of little avail.

I am, very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

* Not found.

{p.172}

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., January 12, 1863.

Brig. Gen. W. L. ELLIOTT, Commanding Department of the Northwest, Madison, Wis.

GENERAL: in reply to your letter of the 5th instant addressed to General Hitchcock I have the honor to inform you that the exchange of all prisoners taken in Arkansas up to January, 1863, will be announced in orders in a few days.

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

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., January 12, 1863.

Lieut. Col. GEORGE SANGSTER, Commanding Camp Parole, Annapolis, Md.

COLONEL: I inclose herewith a letter* just received from General Patrick, provost-marshal-general of the Army of the Potomac, from which you will see that there has been great neglect somewhere in forwarding exchanged troops from your camp to the Army of the Potomac, and I desire immediately a report from you showing the manner in which the detachments forwarded by you were organized and the instructions for their conduct given to the officer in charge. My letter of the 11th December gave sufficiently definite instructions to you. Parties of the same army were to be placed under the command of the senior officer and as complete rolls as possible by regiments were to be furnished. By telegram I directed they should be sent by water. If these instructions were not carried out please explain why. A statement of all payments and issues of clothing made at your camp should accompany each detachment. About this there can be no difficulty as it is all on your own records, and any other information should be given which the records received with the men contain. Instructions will be sent to you in relation to furnishing arms and equipments for exchanged troops. Your weekly report does not show the number of troops present exchanged nor the number on parole. Let these numbers be given in each report. Send by mail the numbers for last week. Learn from the men themselves to what corps they belong.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

* Omitted here; see Patrick to Hoffman, January 7, p. 160.

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FORT MONROE, January 12, 1863.

Colonel HOFFMAN:

The declarations of exchange include all prisoners of war and camp followers but not political prisoners.

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

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GENERAL ORDERS, No. 5.}

HEADQUARTERS ARMY OF KENTUCKY, Lexington, Ky., January 12, 1863.

The general commanding is reminded by the number of inquiries addressed to him on the subject that a variety of opinions exist in the {p.173} minds of provost-marshals and others within this command as to the proper treatment of soldiers discharged from the rebel service and of those whose term of enlistment has expired. Inquiries have also been made as to the treatment of captured soldiers and officers of the rebel army and as to the effect in certain causes of administering the oath of allegiance. To set at rest such inquiries and to secure uniformity of action in these particulars for the future the following instructions are issued. They will be hereafter strictly observed within the limits of the Military District of Central Kentucky:

I. When the oath of allegiance has been taken and sufficient bonds entered into the loyalty of the party may under ordinary circumstances be regarded as sufficiently well assured. But taking the oath and giving bond will not be regarded as furnishing an indemnity for past offenses, and overt acts such as taking up arms against the Government or engaging in military service of the enemy although previously committed may nevertheless be inquired into and punished, except where upon fair investigation the party has once been discharged by the major-general commanding this army or by superior authority.

II. Captured soldiers of the rebel army and persons other than officers in the military service of the so-called Government of the Confederate States will if they are not deserters from our own service and do not from their conduct or the circumstances of their capture deserve the treatment of spies be treated as prisoners of war and forwarded to Vicksburg, Miss., for exchange. To such persons it will not be proper to administer the oath of allegiance. They will be treated as prisoners of war and when they have taken such oath will if in custody of a proper officer be released from its obligations provided the case has not been passed upon by authority superior to that of the major-general commanding this army. Captured officers of the rebel army will, however, be kept in confinement and neither paroled nor forwarded for exchange until further orders.

III. Officers and soldiers discharged from the rebel service and those whose term of enlistment has expired will be arrested unless they have once been set at liberty upon the charge by authority of the general commanding this army or some superior officer, and will be kept in custody until a report in each case has been made to these headquarters and action taken thereon. In these cases the oath of allegiance will not be administered unless orders to that effect are received, but if such oath has already been taken the fact will be stated in the report.

IV. As to deserters from the rebel service and others named in General Orders, No. 36, from these headquarters, a plain rule of action has been furnished. They will report here. That order, however, applies only to such as had not been when it was issued already passed upon and disposed of.

V. Where the bond for the observance of an oath of allegiance is not a sufficient security the oath will be readministered and a new bond taken in a sufficient amount and with sufficient sureties.

VI. Provost-marshals and officers acting in that capacity within the limits of this command will report at once to these headquarters the names of all persons now in their custody with the charge against them. This report will also include a list of the cases disposed of since November 17, 1862, with a statement of the disposition made in each case.

VII. Semi-monthly reports will be hereafter sent from provost-marshals and those acting as such upon the first and fifteenth days of every month. Such reports will be arranged in tabular form, containing, first, the names of prisoners; second, their rank, company and regiment if in military service; third, the time and place of their capture, {p.174} and fourth, the disposition made in the second cases, with the date of such disposition.

In all cases where prisoners are forwarded for exchange or sent under custody beyond the limits of the State reports similarly arranged will be at once forwarded to these headquarters.

By order of Maj. Gen. Gordon Granger:

WM. C. RUSSELL, Captain and Assistant Adjutant-General.

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GENERAL ORDERS, No. 9.}

HDQRS. DEPARTMENT OF THE GULF, New Orleans, January 12, 1863.

I. Any person registered as a public enemy of the United States within this department will be permitted to withdraw such designation and description upon taking the oath of allegiance, and any person who may have been unable to take the oath within the time prescribed by previous orders will upon satisfactory proof of the facts be admitted to that privilege upon application to the provost-marshal-general.

II. All commanding officers of this department who have captured or who shall capture prisoners of war are directed to make duplicate lists thereof, giving whenever possible the name, rank, company, regiment and brigade of each prisoner, the place and time of capture and the name of the officer by whom captured. One copy of the list will be sent to the provost-marshal-general and the other will be sent to these headquarters through the proper channels.

III. It is provided by the general cartel of exchange adopted July 22, 1862, “that all prisoners of whatever arm of service are to be exchanged or paroled in ten days from the time of the capture if it be practicable to transfer them within their own lines in that time; if not as soon after as practicable.”

IV. Commanding officers will give attention to the comfort and health of prisoners of war while they remain in their charge.

By command of Major-General Banks:

RICHARD B. IRWIN, Lieutenant-Colonel and Assistant Adjutant-General.

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MADISON, WIS., January 13, 1863.

Hon. EDWIN M. STANTON, Secretary of War:

In the habeas corpus cases of the Ozaukee County prisoners the supreme court, consisting of loyal and patriotic judges, has just decided that the President has not the power to suspend the writ of habeas corpus in Wisconsin nor to declare martial law therein to subject persons resisting the draft to trial by court-martial. I recommend therefore that the prisoners be discharged to avoid a conflict between the civil and military authorities. Please order General Elliott immediately to discharge them. Answer immediately.

EDWD. SALOMON, Governor of Wisconsin.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., January 13, 1863.

Hon. GIDEON WELLES, Secretary of the Navy, Washington, D. C.

SIR: I have the honor to inform you that at the recent meeting of the agents for the exchange of prisoners of war it was declared that all {p.175} captures on the sea, the sea and gulf coasts and waters flowing to the same up to December 10, 1862, are duly exchanged.

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

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., January 13, 1863.

Brig. Gen. M. R. PATRICK, Provost-Marshal-General, Army of the Potomac, Falmouth, Va.

GENERAL: I have the honor to inclose herewith copies of the orders* under which exchanged troops were sent from the camp near Annapolis to the Army of the Potomac. You will see that they were all sent by water to Aquia Creek and that proper rolls were sent with them. The colonel commanding the camp informs me that he sent all the descriptive rolls he had with the dates of payments to the commanders of the regiments. The orders should have required the commander of the detachment to conduct it to the headquarters of the Army of the Potomac as I directed, but the omission was certainly not a sufficient excuse for the negligent manner in which the duty was performed. If there was a commander at Aquia Creek he should have seen that they were properly forwarded from there. Colonel Sangster should have detailed officers of higher rank to command the 430 men under Lieutenant Barker. That no guard was furnished was not a neglect for there was no guard at the camp available; and if there had been as I have before said I would not have deemed it necessary to send a guard with soldiers who were not prisoners. They should have furnished their own guard, and with officers of any energy this would have been sufficient. The great neglect it would appear was in the commander of the detachments and if such is the case you will know what steps to take.

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

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

* Not found; but see Patrick to Hoffman, with inclosure, pp. 160, 161.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., January 13, 1863.

Brig. Gen. JAMES COOPER, Commanding Camp Chase, Columbus, Ohio.

GENERAL: I have the honor to give below a copy of a telegram this day addressed to you:

All troops captured and paroled in Kentucky, Tennessee, Mississippi, Alabama, South Carolina and Florida up to 10th December are exchanged. Those at Camp Chase will be prepared for the field without delay; then they will be mustered and paid before marching. Call in all absentees.

By order of the General-in-Chief.

A general order will be published in a few days announcing the exchanges recently made which will direct that all exchanged troops will be prepared for the field and forwarded to their several commands without delay. Where troops were mustered for pay on the 31st ultimo 110 other muster is necessary, but the payment will not be made till {p.176} they are ready to march. Fragments of companies not heretofore mustered will be mustered for pay to 31st December.

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

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

(Copies to Col. B. L. E. Bonneville, commanding Benton Barracks, Saint Louis, Mo.; Brig. Gen. J. Ammen, commanding Camp Douglas, Chicago, Ill.)

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., January 13, 1863.

General J. H. MARTINDALE, Military Governor of Washington.

GENERAL: In reply to the matter of transportation for the deserters from the rebel army referred by you to the Secretary of War I have the honor to say that as these men have been recognized as deserters and have been set at liberty they are placed on the same footing with other citizens and must provide for their own necessities by their labor.

By order of the Secretary of War:

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., January 13, 1863.

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

COLONEL: All the paroled troops in the West captured previous to the 10th December are embraced in the recent exchanges, and I respectfully request that they be assembled and prepared for the field at Camp Chase, Camp Douglas and Benton Barracks and that they be there mustered and paid before marching.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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HEADQUARTERS ARMY OF THE MISSISSIPPI, Post Arkansas, January 14, 1863.

Maj. Gen. U. S. GRANT, Commanding Department of the Tennessee.

GENERAL: I have all the prisoners embarked for Saint Louis, Mo. My reasons for sending them are these: First, I have received no orders to exchange them; second, the headquarters of the commissioner for the exchange of prisoners is there; third, it would seem to me criminal to send the prisoners to Vicksburg if they may be properly sent elsewhere. To send them there would be to re-enforce a place with several thousand prisoners at the moment we are trying to reduce it. I would sail from here to Little Rock and reduce that place but for want of sufficient water in the channel of the Arkansas River. This being the case I will proceed as soon as I have completed the demolition of the enemy’s works here to Napoleon, by which time I hope to hear from you.

Your obedient servant,

JOHN A. MCCLERNAND, Major-General, Commanding.

{p.177}

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HEADQUARTERS DEPARTMENT OF THE OHIO, Cincinnati, January 14, 1863.

Hon. E. M. STANTON, Secretary of War, Washington, D. C.

SIR: In compliance with the instructions contained in your letter of the 8th ultimo I have the honor to forward herewith a list* prepared from the records at these headquarters of the citizens of Kentucky who have been and are now confined in the military prisons and camps of the United States outside of the limits of said State, with a statement of the charge against them, by whom made and by whose order the arrests were made. I also forward herewith official copies of General Boyle’s letter of the 8th instant and letter of Col. Henry Dent, provost-marshal-general of Kentucky, as report made in regard to prisoners sent from said State and now held in prison.

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

H. G. WRIGHT, Major-General, Commanding.

* Omitted.

[Inclosure No. 1.]

HEADQUARTERS DISTRICT OF WESTERN KENTUCKY, Louisville January 8, 1863.

Maj. Gen. H. G. WRIGHT, Commanding Department of the Ohio, Cincinnati, Ohio.

GENERAL: I inclose letter of Col. Henry Dent, provost-marshal-general of Kentucky, as report made in regard to prisoners, &c., sent from Kentucky and now held in prison. Colonel Dent has been provost-marshal-general in this place since the beginning of the war. It is impossible to make any detailed report. Some of the prisoners were sent by order of military commanders at Lexington, Covington, Cynthiana, Henderson, &c., and by U. S. commissioners and U. S. marshals, of which no report ever reached these headquarters or the provost-marshal-general. I believe there are but few citizens if any held as civil or political prisoners. There are a number held as prisoners of war. The whole subject as connected with prisoners of all classes has been intrusted to the provost-marshal-general and under orders received and issued by me he has administered this department of duty with prudence and wisdom. The information desired can much more readily be obtained at the several prisons in the different States to which they have been sent.

I am, very respectfully, your obedient servant,

J. T. BOYLE, Brigadier-General.

[Inclosure No. 2.]

HDQRS. PROVOST-MARSHAL-GENERAL OF KENTUCKY, Louisville, Ky., January 5, 1863.

Brigadier-General BOYLE, Commanding District of Western Kentucky.

GENERAL: In compliance with your directions please find response to inquiry made by the Senate of the United States, under resolution of the 5th of December, 1862, calling on the President of the United States, if not incompatible with the public service, to report the number and names of citizens of Kentucky who have been and who are now confined in the military prisons and camps of the United States {p.178} outside of the State of Kentucky. I find on examination of the records in my office that all prisoners forwarded to camps outside of this State from this city and vicinity and all papers and charges were sent with said prisoners. Consequently it will not be in my power to give the desired information. Most of the prisoners forwarded were sent here by commanding generals, post commanders, U. S. commissioners and provost-marshals together with the charges, and forwarded as directed by the commanding general of this department. The records of Camp Chase, Camp Morton and Camp Douglas will give the names and charges of all citizens sent from this post. Not expecting to be called on for such a statement no complete record was kept in this office.

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

HENRY DENT, Colonel and Provost-Marshal-General of Kentucky.

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CITY POINT, VA., January 14, 1863.

Hon. ROBERT OULD, Agent for Exchange of Prisoners.

SIR: May I have the pleasure of an early as possible interview with you? I desire to know whether in compliance with the terms of the cartel the commissioned U. S. officers now in your hands are to be released, and also what disposition has been made of the case of Mrs. Piggott who was taken from her home at Williamsburg, Va., with forty of her slaves and who is now detained at Richmond or some other place within the Confederate lines.

Major-General Dix some time since communicated with you on this case. He has received pressing applications to retaliate by the arrest and imprisonment of ladies within our lines whose avowed sentiments and conduct have been persistently disloyal to the United States Government. Can you not have this matter arranged by the prompt return of Mrs. Piggott and all her property to her home?

I am, very respectfully, your obedient servant,

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., January 14, 1863.

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

COLONEL: I am directed by the commissary-general of prisoners to inform you that there never have been received in this office the rolls of Federal prisoners of war delivered at Washington and Tarborough, N. C., and who were sent from those points to New Berne. They are designated in paragraph IV, of General Orders, No. 118, War Department, August 27, 1862, as the deliveries to General Burnside at Hatteras and Fort Macon. The commissary-general of prisoners respectfully requests that if these lists are in the office of the Adjutant-General they may as soon as convenient be sent to this office.

Very respectfully, your obedient servant,

H. M. LAZELLE, Captain, U. S. Army, Asst. to Com. Gen. of Prisoners.

{p.179}

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WAR DEPARTMENT, Washington, January 15, 1863.

Brigadier-General ELLIOTT, Madison, Wis.:

The questions presented on the habeas corpus have been referred by the President to the law officer of the Government with a view to procuring the judgment of the Supreme Court of the United States. As soon as this opinion can be had you will receive instructions, but in the meantime the President directs that you retain the prisoners until you receive further instructions from him.

EDWIN M. STANTON, Secretary of War.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., January 15, 1863.

Lieut. Col. F. A. DICK, Provost-Marshal-General, Saint Louis, Mo.

COLONEL: Your letter of the 9th instant with the accompanying letter* of Mr. Bradley has been received. The latter has been referred to the President according to your indorsement thereon. In reply to your letter of the 9th instant** I have to say that the prisoner (Singleton) referred to by you was released under a general order from the War Department which directed the release of all military prisoners who were willing to take the oath of allegiance under the instructions which I have heretofore given. All prisoners sent to Alton whose cases are under investigation are entirely beyond your control, and in order that their cases may be well understood at the prisons where they are held it is important that a full history of each individual case should be sent with them when they are transferred from Saint Louis. Nothing of the kind has heretofore been done and to supply this deficiency which has been much felt in determining on applications for release I some time since ordered Captain Freedley to Alton and Saint Louis to obtain the charges, trial and sentence of all prisoners now held at any of the prisons above named. When a prisoner is transferred from Saint Louis to another prison this fact noted on your books closes his history with you.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

* Not found.

** See p. 166.

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WASHINGTON, January 15, 1863.

Lieut. Col. W. H. LUDLOW, Agent for Exchange of Prisoners.

Is the declaration of exchanges published in the Herald of 13th, signed R. Ould, correct? Are sutlers and their employés now on parole considered exchanged?

W. HOFFMAN, Commissary-General of Prisoners.

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ALTON MILITARY PRISON, Alton, Ill., January 15, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: Nearly 800 prisoners who were sent to Vicksburg for exchange but could not be landed there owing to the recent fight at {p.180} that point were returned to this prison and many of them (nearly or quite fifty) do not wish to be exchanged but would prefer being sent home and enroll themselves in the militia of the State of Missouri in which State they formerly lived. Others would prefer taking the oath of allegiance and give bonds in any amount reasonable not to aid or abet by word or act the rebellion. We therefore refer the matter to you for instruction.

Your obedient servant,

J. HILDEBRAND, Colonel, Commanding Post.

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MEMPHIS, TENN., January 16, 1863.

Maj. Gen. SAMUEL R. CURTIS, Commanding Department of the Missouri, Saint Louis, Mo.

I was just starting down the river to join the Mississippi expedition when I met some steamers loaded with prisoners ordered by Major-General Sherman to Saint Louis. I find no dispatches to myself and do not know what there may be directed to you. As I am leaving Memphis and can make no orders for the disposal of these prisoners I hope you will have the kindness to take charge of them and communicate with the General-in-Chief as to their final disposition. You can state that the last prisoners sent to Vicksburg were refused by the Southern commander there. I have received instructions from Washington that no more commissioned officers are to be paroled. This I presume is in retaliation for the course pursued by Southern authorities toward our prisoners.

U. S. GRANT, Major-General.

P. S.-The probable reason the last prisoners were not received at Vicksburg was in consequence of the attack having commenced before their arrival. I am opposed to sending any more prisoners to Vicksburg just at this time, however, if I knew they would be received because they would go at once to re-enforce the very point we wish to reduce.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, January 16, 1863.

Lieut. Col. GEORGE SANGSTER, Commanding Camp Parole, Annapolis, Aid.

COLONEL: The following paroled troops have been exchanged, viz: All officers and enlisted men delivered at City Point, Va., from November 11, 1862, to January 1, 1863; all officers and men captured at Harper’s Ferry; all officers and men paroled at Winchester, Va., November 15 and 26 and December 1, 1862; all officers and men paroled by Colonel Imboden November 9, 1862, and all officers and men paroled at Goldsborough, N. C., May 22, 1862, and delivered at Washington, N. C.

These and other exchanges will be announced in orders in a few days, and in the meantime you will equip for the field without delay all of the paroled troops at your camp covered by the above exchanges. They may now be ordered to any duty.

Make requisitions immediately for arms and equipments and for clothing if necessary.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

{p.181}

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Port Monroe, Va., January 16, 1863.

Major-General HITCHCOCK, Commissioner for the Exchange of Prisoners.

GENERAL: I have the honor to inclose to you a copy of the Richmond Enquirer* containing Jeff. Davis’ message. His determination avowed in most insolent terms to deliver to the several State authorities all commissioned officers of the United States that may hereafter be captured will I think be persevered in. You will recollect that after the proclamation of Jeff. Davis of the 23d of December, 1862, I urgently advised another interview (the last one I had with Mr. Ould and in which very important exchanges were declared). I then did so anticipating that the cartel might be broken and wishing to make sure of the discharge from their parole of 10,000 of our men. This was effected ,and in a manner so advantageous to our Government that we gained in the count of 20,000 exchanged about 7,000 men. I had almost equal good success in the exchange declared on November 11, 1862. If an open rupture should now occur in the execution of the cartel we are all well prepared for it. I am endeavoring to get away from Confederate prisons all our officers captured previously to the date of the message of Jeff. Davis (the 12th instant), with what success I shall know early next Week.

As you may receive this copy of the message in advance of any other may I ask that it be transmitted to the Secretary of War or the General-in-Chief with the additional information conveyed in this communication to you.

I am, very respectfully, your obedient servant,

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

* Of January 15, 1863. See p. 193, for extract from the message, in Hitchcock to Stanton.

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FORT MONROE, January 16, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

The declaration of exchanges published by Robert Ould is on his side, not ours, and does not apply to our officers and men. The declarations I gave you are correct. All sutlers and their employés are exchanged.

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

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FORT MONROE, VA., January 16, 1863.

Col. J. C. KELTON, Assistant Adjutant-General:

About 1,000 Murfreesborough prisoners are at Richmond. Shall they be received without the officers? The flag-of-truce boat is awaiting your direction.

WM. H. LUDLOW, Colonel, &c.

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WAR DEPARTMENT, Washington, January 16, 1863.

Lieut. Col. WILLIAM H. LUDLOW, Agent for Exchange of Prisoners, Port Monroe:

Receive the Murfreesborough prisoners with or without the officers.

By order of Major-General Halleck:

J. C. KELTON, Assistant Adjutant-General.

{p.182}

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ON BOARD STEAM-BOAT HASTINGS, January 16, 1863.

Major-General ROSECRANS, Commanding Department of the Cumberland.

SIR: Agreeably to instructions received from Major Sidell by telegraph dated Nashville, January 13, 1863, a copy of which is hereto attached, I beg to state that I was one of the passengers aboard the steamer Hastings (in Government employ transporting wounded men from Nashville to Louisville) on the 13th instant, the day she was fired into by a party of rebel guerrillas of General Wheeler’s cavalry brigade, under command of Colonel Wade. The Hastings had on board 212 wounded soldiers under charge of Surgeon Waterman, with instructions to report the same at Louisville. The Hastings left Nashville without any convoy. On nearing Harpeth Shoals we saw the burning hull of the steamer Charter, opposite a group of some half dozen or more small houses that had also been burned. A short distance below a fleet of six steamers were engaged in loading and unloading Government stores under the protection of time gun-boat Sidell, commanded by Lieutenant Van Dorn. Suspicions of some danger below I hailed Van Dorn and inquired as to who burned the boat and houses. He replied that the guerrillas had burned the steamer and that he had retaliated by burning the houses. “Is there any danger below?” “No;” said he, “you can pass on safely. I have cleaned them out.” The steamer Trio also ladened with wounded was in advance of us some four or five miles. Believing all safe below we passed on. On reaching the head of Harpeth Shoals we saw the Trio lying to in a cove on the south bank of the Cumberland River, thirty-five miles from Nashville and thirty miles from Clarksville. Having heard the captain of the Trio say that he was nearly out of fuel I presumed that he was taking on wood. On a nearer approach to her I discovered a company of cavalry drawn up in line on the bank just above the Trio. Two of the company took off their hats, waved them at us and ordered us to come to. I inquired, “Why, and what do you want? We are loaded with wounded and have no time to stop.” “Come to, or we will fire into you.” And at that instant the whole line came to a ready. Being the only commissioned officer on board (not wounded) with the exception of Surgeon Waterman I immediately assumed command and ordered the captain of the Hastings to land. The boat in the meantime had moved past the designated landing point, and the guerrilla commander gave the order to fire and three volleys of musketry were fired all taking effect upon the upper and forward portion of the steamer. The volleys were followed by one discharge of cannon, the ball passing through the clerk’s office on the starboard side and out on the opposite side of the cabin. I told them to cease firing as we were lauding as rapidly as possible. On landing they boarded the steamer and ordered the men all to leave the boat as they must burn her. In connection with Doctor Waterman I urged the claims of humanity upon them, and finally through a personal acquaintance with Captain Burford, General Wheeler’s assistant adjutant-general, we extracted from them a promise to spare the boat on condition of the captain entering into bonds that she should carry no more supplies for the Army of the United States. I pass by a description of the horrible scenes enacted by Wade’s men. They plundered the boat, even to the knives, forks, spoons, &c.; rifled passengers’ baggage; robbed wounded soldiers of their rations, and money from their pockets; took the officers’ side arms, overcoats, hats, &c. I reasoned with their officers to no purpose, save Captain Burford, who {p.183} was utterly unable to control the men. I then took on board the wounded of the Trio and her crew and asked permission to leave. This was granted and the colonel ordered his men off. On his leaving he noticed several bales of cotton on which our wounded men were lying; he instantly became furious and ordered us to remove the same ashore and burn it, a task almost impossible. Many of the men were badly wounded; night was coming on; no rations nor medicines and thirty miles distant from any military post. Seeing all this I asked for other terms. He then agreed if I would burn the cotton on my arrival at Louisville he would spare the boat and allow us to go on unmolested, and in the event of my failing to comply with the order I must return to the line of the Confederate States as a prisoner of war. These terms were harsh, but in view of the suffering men I instantly complied. During the interim the steamer Parthenia hove in sight; was also brought to, her crew and passengers transferred to us, and preparation was then made to burn the Trio and Parthenia. In order to save the Hastings from coming in contact with the steamers when fired I again asked to leave. This they would not grant, but through the entreaties of Captain Burford we were allowed to cross to the other side of the river under range of their cannon. We hardly landed when the gun-boat Sidell hove in sight. On her appearance the enemy mounted their horses and awaited her action. She came on under a full head of steam, carrying her when the engine had ceased within 150 yards of our boat, on the same side of the river. I hailed Van Dorn; told him to take the middle of the stream and not endanger the lives of the wounded during the engagement, for we had no other idea but that he would fight. To our utter astonishment he ignominiously surrendered without firing a single shot. He then crossed her over to the enemy, who boarded her, threw over her cannon, then fired the three steamers and ordered us across the river again. I took on what was left of the crew and soldiers and after waiting one hour and a half according to their orders I started with the Hastings for Clarksville, reaching there at 8 p.m. and reporting to Colonel Bruce. He acted promptly and soon furnished us with supplies. I telegraphed the facts to General Rosecrans at Nashville and received the answer under which I am ordered to make a statement* of the whole affair for your consideration. The commissioned officers and privates were all paroled, they taking complete lists of the same, but furnishing no evidence of parole in return. I await at Louisville your decision in regard to myself. I do not desire to burn the cotton; neither to return as a prisoner of war. I shall reach Louisville on the 18th. Too much praise cannot be awarded to Surgeon Waterman, Thirty-ninth Indiana Volunteers, in charge as medical director for his efficiency and energy during the trying hour. He will turn the wounded men over to medical director at Louisville. I might add that large hospital flags were flying at the head of the jack-staff and that Colonel Wade admitted that he knew we had wounded on board. General Wheeler’s orders to him were to burn all boats irrespective of what they carried.

Respectfully submitted from your most obedient servant,

M. P. GADDIS, Chaplain Second Regiment Ohio Volunteer Infantry.

* See Series I, Vol. XX, Part I, p. 980.

{p.184}

[Inclosure.]

NASHVILLE, January 13, 1863.

Chaplain GADDIS:

The wounded must be got to Louisville without delay. Report at Cincinnati to General Wright on arrival at Louisville. Send him a written statement. Will report before your arrival.

W. H. SIDELL, Assistant Adjutant-General.

I certify the above to be a correct copy of telegram.

M. P. GADDIS, Chaplain.

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HEADQUARTERS ARMY OF TENNESSEE, Tullahoma, Tenn., January 17, 1863.

Maj. Gen. W. S. ROSECRANS, Commanding U. S. Forces, Murfreesborough, Tenn.

GENERAL: I inclose a copy of a letter* from Brig. Gen. John H. Morgan in reference to the letter of Captain Thruston which has been forwarded for my consideration and reply.

It is only necessary for me to protest with all solemnity against your action in the matter as unsustained by any article of war or usage of civilization and as not comprehended in the letter or spirit of my communication with you on the subject. A flag of truce is always entitled to respect, and whenever its bearers are treated as spies it can only be done by the abnegation of all intercourse. In coming to all outpost it may be received or refused, but the bearer cannot be charged with being a spy as until voluntarily within your lines he is not within the limits which define him as such, the definition of a spy being one who is found lurking in or about the camps or fortifications of an enemy. The accused were not in your lines until forcibly carried there by you nor did they propose to enter them.

The proposition by which I limited myself to a particular road while you were in Nashville if strictly construed now that you are in Murfreesborough would render the bearer of the flag which covers this equally liable to the treatment and charge preferred against the parties whom you hold. The omission to notify General Morgan of the arrangement is explained by the fact that his is of the nature of an independent command, constantly detached and necessarily requiring to be exempted from the operation of such a regulation. Since the communication between us referred to both he and General Forrest have sent and received flags to which no objection has been raised. He respected your “white flag” at Hartsville and spared the lives of your prisoners. More recently in his Kentucky expedition on several occasions he sent flags which were respected although not covering communications from me and against which I have received no remonstrance.

To these expressions of my views upon the injustice and inhumanity of the position you have assumed in the premises I must add that I deem your action unworthy of one occupying your high official position. These unfortunate men are in your power and it is left entirely to your decision whether they shall be the victims of your threats if it will gratify your vindictiveness to sacrifice them without the shadow of cause or if you regard it necessary in order to protect the flag from {p.185} abuse. Be your own judge, but I shall regret the unpleasant duty which such a course will necessitate on my part.

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

BRAXTON BRAGG, General, Commanding.

* Omitted here; Morgan to Brent, January 15, p. 813, Confederate Correspondence.

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HEADQUARTERS, Corinth, Miss., January 17, 1863.

Colonel RODDEY, Commanding Confederate Forces at Tuscumbia:

I herewith send by hands of one of your men a list of prisoners in my hands whom I desire to exchange for any men of this command in your hands. If it meets your approbation please return the men whom you exchange under flag of truce to Glendale, with the exchange papers signed, and I will deliver the prisoners in my hands to the flag at that place.

It is represented to me that your command has been burning the houses of and turning out the families of Alabamians who have enlisted in the U. S. service. I desire to know if this is done by your order or by your sanction. They also report the hanging of one Union man whose sons are in this army and the shooting of others for no other reason than their sentiments.

Southern families are fleeing to these lines for protection from these cruelties and depredations, some of whom I find do not even sympathize with our cause, but are driven out merely upon suspicion or because some relative has joined this army. If you purpose to drive out of your lines all Union men and their families I desire to know that fact.

I am, very respectfully, your obedient servant,

G. M. DODGE, Brigadier-General, Commanding District of Corinth.

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HEADQUARTERS CAMP OF INSTRUCTION, Benton Barracks, Mo., January 17, 1863.

Maj. H. Z. CURTIS, Assistant Adjutant-General, Saint Louis, Mo.

SIR: I have the honor herewith to transmit a copy of a communication* this day received from Col. W. Hoffman, commissary-general of prisoners, and a return of the officers and men at this post affected by it. Immediately on the reception of the telegram indicated I placed the exchanged men present in a separate battalion and directed all absentees to report at once in person, so that on the arrival of the orders mentioned you can dispose of these troops without delay. As so few of these men belong to any single regiment it seems certain that to arm them here would be nothing but an injury to the service. Since these troops were mustered on the 31st of December, 1862, on the same rolls with men not yet exchanged a new and separate muster before payment appears a necessity.

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

B. L. E. BONNEVILLE, Colonel, U. S. Army, Commanding.

* See Hoffman to Cooper, p. 175.

{p.186}

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, January 17, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: The rolls of North Carolina captures were used by me in my last interview with Mr. Ould and are already counted. I have just returned from City Point but have not yet received a decisive answer on the subject of the release or parole of our officers. I shall receive it early next week. I am endeavoring to get all captured before the 12th of January out of Confederate prisons for I have every reason to believe that all captured after that date will be disposed of as directed in the message of Jefferson Davis, viz, be handed over to the different State authorities. But upon all these points I shall be better advised in a few days. I would recommend you to retain all the political or citizen prisoners until I can communicate with you again. I expect from Confederate sources further information relating to them. Your four letters for the South received and forwarded. A large number of the Murfreesborough prisoners are at Richmond. I have sent a boat up for them to-day.

Yours, very respectfully,

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

P. S.-The release of W. J. Peters was promised to me by Mr. Ould without any equivalent. I had long pressed for his release. The substitution of Voegler for White will doubtless be satisfactory.

W. H. L.

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RICHMOND, VA., January 17, 1863.

Lieutenant-Colonel LUDLOW, Agent of Exchange.

SIR: I regretted very much on reaching City Point meridian on the 16th instant to find you had left. I did not receive any notice that you would be obliged to leave at 11 o’clock on that day. If I had, however, I do not see how I could have been at City Point any sooner.

In your communication of the 14th instant you desire to know whether the Federal commissioned officers now prisoners will be released. I have already furnished you with an official copy of the proclamation of President Davis dated December 23, 1862. In conformity therewith officers will not be released on parole but will be exchanged for those of corresponding rank. If you have any Confederate officer in your possession and will deliver him an officer of like grade will be delivered to you and they will be mutually declared to be exchanged. So if you have released any officer on parole we will deliver to you an officer of corresponding rank and declare them exchanged. The Federal officers, however, now in our possession will not be surrendered to you on parole. This rule will apply only to commissioned officers. We are ready at any time to release on parole and deliver to you your non-commissioned officers and privates.

This course has been forced upon the Confederate Government not only by the refusal of the authorities of the United States to respond to the repeated applications of this Government in relation to the execution of Mumford but by their persistence in retaining Confederate officers who were entitled to parole and exchange. You have now of captures that are by no means recent many officers of the Confederate service who are retained in your military prisons East and West.

{p.187}

Applications have been made for the release of some without success, and others have been kept in confinement so long as to justify the conclusion that you refuse both parole and exchange.

One prominent instance I will bring to your notice. General B. F. Butler has retained Brigadier-General Clark and thirteen others for several months. At the latest advices received by us they were still in custody. During the whole of the time that they have been thus detained we had a large excess of Federal prisoners all of whom were either promptly exchanged or delivered to you on parole.

This is by no means a solitary case. I have now and have had for a long time authentic evidence in [my] possession of the retention of a large number of Confederate officers by your military authorities. Several prominent cases have also very recently been presented to me. You are very well aware that this has been a subject of complaint ever since the adoption of the cartel. In view of all these facts the Confederate Government has determined to refuse any parole to your officers until the grievances of which it has complained are redressed. Of course this applies to such commissioned officers as were captured before the date of President Davis’ message. He himself has indicated what disposition will be made of such as may be captured after that date.

In your communication of the 14th instant you also refer to the case of Mrs. Piggott who you say “was taken from her home at Williamsburg, Va., with forty of her slaves and who is now detained at Richmond or some other place within the Confederate lines.”

Without any comment upon the singularity of the request that slaves made free by President Lincoln’s proclamation should be promptly returned as the property of Mrs. Piggott I inform you that Mrs. Piggott was released from custody on habeas corpus a long time ago. She is a citizen of Virginia, responsible to the laws of that State and the Confederacy. The Confederate and State authorities will not allow any interference by the United States with the course of justice in any one of the Confederate States. They will not entertain even a protest. No fears of retaliation upon “ladies” or any one else will ever make them relinquish their rightful and exclusive control.

I perceive by your published notice of exchanges that you have made a mistake in declaring exchanged the Federal prisoners paroled at Goldsborough and delivered at Washington, N. C. These are the 1,300 that I have so constantly pressed upon you and for whom you have given no equivalent or credit. You have the list in your possession. I delivered it to you that you might examine more fully into the matter. Those men have not been exchanged. I hope you will make the proper correction.

When shall I see you at City Point again?

Respectfully, your obedient servant,

RO. OULD, Agent of Exchange.

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OFFICE PROVOST-MARSHAL-GENERAL, Wheeling, January 17, 1863.

Col. WM. HOFFMAN, Commissary-General of Prisoners.

SIR: I have the honor to inclose* copy of letter from the president of the board of directors of the House of Refuge at Cincinnati stating {p.188} the impracticability of receiving the female prisoners already reported to you.

Very respectfully, your obedient servant,

JOS. DARR, JR., Major and Provost-Marshal-General.

* Omitted; substance herein stated.

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HEADQUARTERS DEPARTMENT OF THE CUMBERLAND, Murfreesborough, January 18, 1863.

General JOSEPH E. JOHNSTON, C. S. Army.

GENERAL: It is with regret that I find myself compelled by a sense of duty to humanity to decline communicating with General Bragg by flag of truce until redress has been made for a violation of the rights of a flag of truce committed by a party of Confederate cavalry on the Murfreesborough pike between La Vergne and Nashville.

The nature of this outrage is explained and the facts set forth in a copy of my letter to General Bragg herewith inclosed* marked A, to which I will add that the mother of Lieutenant-Colonel Hawkins, who applied to me on the morning of my arrival at Murfreesborough for permission to go home assured me that her son persistently stated the facts as they are represented, the same trick of going behind a flag of truce and capturing three pickets having been practiced upon us a day or two before, General Bragg having acknowledged it to be wrong and promised to repair it. I confidently expected such apology and reparation of the second outrage, instead of which General Bragg wrote a letter justifying it on the ground of the ignorance of the scouting party of the post that the flag was there and also on the ground that his flag was unlawfully detained, both of which allegations were false, the truth being as will appear in the papers herewith inclosed** marked B, C, D and E. And as I must officially regard General Bragg as the responsible author of the statement which he indorses it is obviously inconsistent with military safety as well as with self-respect to continue an official intercourse with him.

I regret also to state it has been the habit of subordinate officers under your command to degrade flags of truce by sending them on side roads and to remote points on our lines accredited in no proper manner and obviously for the purpose of spying. This is the common practice of General Morgan. This abuse I appeal to you to stop, as I shall treat every flag that comes in such a way as unlawful and its bearers as spies or as prisoners of war, as the evidence against them may indicate.

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

W. S. ROSECRANS, Major-General, Commanding.

* Not found, but see Stone to Bragg of this date, post.

** Not found.

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HEADQUARTERS DEPARTMENT OF THE CUMBERLAND, Murfreesborough, January 18, 1863.

General BRAXTON BRAGG, Commanding, &c.

GENERAL: Major-General Rosecrans directs me to return your communication directed to him from Tullahoma, dated the 17th instant, in {p.189} reference to the detention of the bearer of a white flag accredited by Mr. John W. Green, acting assistant adjutant-general, &c., for the following reasons:

When you were officially informed and acknowledged an outrage committed on the rights of a flag of truce on the Murfreesborough pike you returned the three pickets captured without their overcoats and robbed of part of their equipments. When on the very next day you coolly came behind your own flag, borne by Lieutenant-Colonel Hawkins, and halted at our lines and captured some forty of our cavalrymen in his presence and against his protestations, you neglected promptly to repair the outrage although in principle the same as the former one, but under circumstances far more aggravating, and when your attention was subsequently called to this neglect and you were informed that such reparation would be regarded as a sine qua non to further official intercourse you replied by a communication justifying the outrage and moreover accusing the general’s authorities of twenty-four hours’ detention of your flag of truce, the justification being a manifest contradiction of acknowledged principles and facts, and the statement concerning the detention false, for which you made yourself responsible by saying that you had fully examined the case.

The general will forward herewith the communication directed to your official superior, trusting that more enlightened and just views will be taken by him and that there may yet be preserved that respect for the sacred character of a flag of truce which the interests of humanity require. All the general asks is that a flag of truce shall not be used to cover tricks and spying but confined to its legitimate objects-needful and honorable intercourse on great public matters between opposing armies. To prevent individual hardships he directs me to suggest that due notice ought to be given that persons presenting themselves at our line with white flags but without due authority from the superior officer of your forces on any of these lines will be liable to be treated as spies for lurking about our lines and for disgracing the sacred character of a flag of truce.

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

HENRY STONE, Lieutenant and Acting Assistant Adjutant-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., January 18, 1863.

Hon. ROBERT OULD, Agent for Exchange of Prisoners.

SIR: Will you please send me by Captain Mulford a reply to my communication to you of the 14th instant in reference to your retention of U. S. officers in violation of the cartel and also to the case of Mrs. Piggott? Will you also inform me whether you will release the citizen prisoners now held by you and especially those captured by General Stuart in his raid into Maryland and Pennsylvania?

William J. Peters whose release you promised me some time ago has reported to me with a copy of parole to procure the release of one White, a citizen, or return in thirty days. I should have been glad if his release had been unconditional as agreed on, but having given his parole he has diligently but unsuccessfully sought out White. Only three Whites have been found on the rolls, two at Fort McHenry and one at Fort Monroe, but all were released some time since. It being {p.190} impossible to furnish the equivalent named will you accept for him one Henry Voegler, now held at Baltimore? If so please notify me through Captain Mulford.

I am, very respectfully, your obedient servant,

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

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MADISON, WIS., January 19, 1863.

Hon. EDWIN M. STANTON, Secretary of War:

I think the record in the habeas corpus cases will answer. We have agreed to argue the motion for writ for error on Friday, the 30th, provided you will authorize General Elliott to parole the prisoners. I recommend you to do so. Please answer at once.

T. O. HOWE.

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WAR DEPARTMENT, Washington, January 19, 1863.

Hon. T. O. HOWE, Madison, Wis.:

General Elliott is authorized to parole the prisoners if you so advise, and to do whatsoever you as counsel of the United States may deem proper to be done upon the subject. Please show him this telegram.

EDWIN M. STANTON, Secretary of War.

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WAR DEPARTMENT, Washington, January 19, 1863.

Brigadier-General ELLIOTT, Madison, Wis.:

You will please follow the instructions of the Hon. T. O. Howe, special counsel of the United States, in respect to the prisoners in your custody.

EDWIN M. STANTON, Secretary of War.

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ATTORNEY-GENERAL’S OFFICE, January 19, 1863.

R. J. LACKEY, Esq., U. S. Attorney, Western District of Missouri.

SIR: In answer to your letter of the 9th I have no directions to give as to the propriety of prosecuting indictments pending in your court. The Government here have not any settled purposes on the matter of prosecution so as to interfere with my views of prudence and policy in the matter of prosecutions. And I, trusting to the good judgment of the district attorneys, am willing to leave the matter very much to their discretion. They know (what I cannot know) the tone of feeling in their localities, the character and amount of testimony, the sort of juries likely to be had and the likelihood of fair trial and conviction. Still I wish to make to you a few suggestions which perhaps may aid to conclusions of your own judgment. It is not desirable to try many cases of treason. It is a crime hard to prove, being guarded by a variety of legal technics. And even conviction makes the convict all the more a martyr in the eyes of his partisans. In a clear case against a person of eminence, of notoriety, I would be glad to see a conviction for the public effect rather than the punishment of the individual. But it would be unfortunate to be defeated in many such cases. It is far better policy I think when you have the option to prosecute offenders for vulgar felonies and misdemeanors than for romantic and genteel {p.191} treason. The penitentiaries will be far more effectual than the gallows. Prosecute your best cases-not the weak and doubtful. It will not do for us to be habitually beaten. With these few hints I trust the matter to your own good judgment.

Very respectfully, your obedient servant,

EDWARD BATES.

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HEADQUARTERS DEPARTMENT OF THE CUMBERLAND, Murfreesborough, January 19, 1863.

General JOSEPH E. JOHNSTON, C. S. Army.

GENERAL: I addressed you a letter yesterday in reference to abuses and outrages of flags of truce and the consequent suspension of official intercourse with General Bragg until reparation should be made for a very great outrage by the return of troops captured.

Sincerely desirous of conducting war according to the laws of humanity and civilization and not doubting that my feelings are responded to by yourself, who I have known through mutual friends and admirers in your earlier days, I am induced to address you at some length on two or three other matters of interest to humanity, premising that I have never practiced abuses nor allowed them to be practiced under my command.

1. The cartel requires that the prisoners captured by either party shall be delivered at Aiken’s Landing or Vicksburg, or at such other points as may be agreed upon by the commanding generals of opposing armies. General Bragg in violation of this and without any previous notice to me on the subject marched the Hartsville prisoners, robbed of their overcoats and without rations, from Murfreesborough to our lines, they arriving at night in order to force the acceptance of them, thereby cheating us of what is justly due by the provisions of the cartel.

2. The Confederate cavalry are in the constant habit of disembarrassing themselves of the prisoners which they capture by paroling and releasing them wherever they find them, thereby forcing us to accept a delivery at any point which suits their convenience and after a delivery made in violation of the cartel to avoid recapture, in this way attempting to gain credit for prisoners which they probably might not be able to hold and certainly have not properly delivered. By thus violating the agreement they forfeit their rights to the benefit of the capture; were it otherwise they would be permitted to claim the benefit of their own improper action.

3. No lists of these prisoners are ever furnished us. As I shall conform to the provisions of the cartel and confidently expect conformity thereto from the Confederate authorities no such persons can be regarded as prisoners of war, nor will credit be claimed or given for them in exchange, but when prisoners are lawfully taken, assembled, listed and paroled I shall be ready to select a convenient point at which to receive those you capture and deliver to you those whom we capture.

I have also to call your attention to the fact that at the recent battle at Murfreesborough our surgeons who fell temporarily into your hands were in several or all instances robbed of their horses and other private property and that some of them were carried off.

I also regret to state that the bodies of our wounded officers and soldiers were found stripped of their clothing-even the body of General Sill was robbed of its uniform.

The acts of injustice to our surgeons and inhumanity to the dead I am sure you must condemn and in future will be able to prevent. I regret to inform you also that the officers of the regular brigade report {p.192} that some regiment of your troops approached them on the field wearing our uniforms and bearing our flag.

This has been continually practiced by General Morgan’s men. Such conduct is unworthy of a civilized people and I trust that you will promptly put a stop to it as I shall give orders that Confederate troops meeting [us] in battle or lurking about our lines wearing our uniform or bearing our colors shall not receive quarters nor shall they be treated as prisoners of war.

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

W. S. ROSECRANS, Major-General, Commanding.

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MURFREESBOROUGH, January 19, 1863.

Colonel HOFFMAN, Commissary-General of Prisoners:

I see by the papers that all prisoners taken in Kentucky have been exchanged. Does this include General William H. Lytle, of Cincinnati?

W. S. ROSECRANS, Major-General.

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WASHINGTON, D. C., January 19, 1863.

Hon. EDWIN M. STANTON, Secretary of War.

SIR: I have the honor to attach hereto a slip taken from the Richmond Enquirer of the 15th instant, being a passage from what purports to be a message from Jefferson Davis as President of the Confederate States to the Senate and House of Representatives of those States, indicating the course proposed to be pursued in the South toward officers of the U. S. Army who may be taken prisoners within such portion of the Southern States as are designated in the proclamation of His Excellency the President of the United States, dated the 1st instant, on the subject of slaves within such designated portions of the Southern States.

In view of this threat to deliver captured officers into the hands of civil officers of Southern State governments to be dealt with as criminals under State laws I beg to call your attention to a proclamation issued by the same functionary, Jefferson Davis, about a month since, directed chiefly against Major-General Butler, in which in violation of an existing cartel for the exchange of prisoners Mr. Davis declares his purpose of holding a certain class of prisoners in duress, putting their lives in jeopardy contrary to the laws of war. In consequence of this proclamation you were constrained to give the necessary orders for holding in close custody certain officers of the rebel army taken in arms with the simple design of awaiting the further action of the rebel authorities in the premises. This precautionary measure on your part is believed to be all that can be done in the present case until it can be seen whether the rebel authorities in the South shall attempt to outrage the public sentiment of the civilized world by putting into practice the savage threat indicated in slip hereto annexed.

It would be proper, however, that the officers of the Union armies should be informed of the existence of the threat in question which I respectfully request may be done through the General-in-Chief.

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

E. A. HITCHCOCK, Major-General of Vols., Commissioner for Exchange of Prisoners.

{p.193}

[Inclosure.]

Extract from the Richmond Enquirer, January 15, 1863.

...

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.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., January 19, 1863.

Hon. OLIVER KEYSER, House of Representatives, Columbus, Ohio.

SIR: I have the honor to acknowledge the receipt of your letter of the 14th instant informing me that a committee has been appointed by the Legislature of Ohio of which you are the chairman to examine into the condition of the prisoners at Camp Chase, and requesting a copy of the report of the inspection recently made under my order by Captain Lazelle, U. S. Army, and in reply I beg to say that I will direct the commander of the prison to afford every facility to the committee to investigate the management of the prison, but as the report of Captain Lazelle was only intended for this office and can have no influence on the opinion of the committee it is not deemed advisable to furnish the copy desired. All orders and regulations for the government of the prison will be submitted for the consideration of the committee.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., January 19, 1863.

Lieut. Col. GEORGE SANGSTER, Commanding Camp Parole, Annapolis, Md.

COLONEL: Your letter of January 15 is received and the arrangements you made for transferring troops West are generally satisfactory. In order to insure hereafter if possible that there shall be no delay when you send troops West, if you have no officer to take them through and the party is small you will send an officer with them to Baltimore to see them well started from that point and on the most direct route. If the party is over twenty-five men and there is no officer belonging to it you will detail an officer from the guard to conduct it to its destination. Always give the officer in charge special instructions and request an acknowledgment of the men and all papers from the officers to {p.194} whom they are delivered, Lieut. W. Einstein, Seventh Pennsylvania Cavalry, will report to you this afternoon and you will send under his charge to the West all men at the camp whether exchanged or on parole whose regiments are serving in the West. Those on parole will be left at Camp Chase, and he will leave there all exchanged men whose regiments are farther west to be forwarded by the commanding officer. He will himself conduct to the Army of the Cumberland at or near Nashville all exchanged men who may be placed under his command. Virginia troops will be left at Wheeling and the Kentucky Home Guards at Camp Chase. You will muster for pay up to the 31st ultimo all exchanged troops at your camp and a payment will be made before they march. This does not include the troops ordered West.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third infantry, Commissary-General of Prisoners.

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HEADQUARTERS PAROLED PRISONERS, Camp near Annapolis, January 19, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

SIR: I have the honor to inclose my report* for the week ending January 17, 1863, all of which I hope is in accordance with your orders except the army corps column. I find by inquiry that there are not 500 men here that know what army corps they belong to, and those even who pretend to know I find upon examination that the half of them are wrong and rather than make you a wrong report I have omitted it entirely. If the men of my camp were a sample of our Army we would have nothing but a mob of stragglers and cowards. I am convinced more and more every day that three-fourths of paroled men are stragglers and cowards. It would be well to have an order bearing strictly on stragglers so that the officers commanding companies or regiments could report those men whom they know to be stragglers, and as they arrive from Richmond or elsewhere we could deal with them accordingly.

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

GEO. SANGSTER, Lieutenant-Colonel Commanding Paroled Prisoners.

* Not found.

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ORDERS.]

HDQRS. DISTRICT OF WESTERN KENTUCKY, Louisville, January 19, 1863.

Chaplain M. P. Gaddis, Second Ohio Volunteer Infantry, having reported to these headquarters that he was taken prisoner on the 13th day of December on the Cumberland River by the rebel General Wheeler and released on the following conditions: That upon the arrival of the steamer Hastings with wounded men at the city of Louisville, Ky., the ill bales of cotton on the boat said to belong to private parties should be burned on the wharf of the said city and in the event of this not being done he was to report himself to the Confederate authorities within twenty days from date of parole-Mr. Gaddis, being a non-combatant and not being a prisoner of war according to the terms of the cartel agreed upon by the representatives {p.195} of the United States and the so-called Confederate States, he is hereby positively forbid burning the aforesaid cotton and will not deliver himself up to the Confederate authorities.

Mr. Gaddis will proceed to Cincinnati at once and will report to Maj. Gen. H. G. Wright, commanding the Department of the Ohio.

By command of Major-General Boyle:

A. C. SEMPLE, Assistant Adjutant-General.

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MACHIAS, [ME.,] January 20, 1863.

Hon. E. M. STANTON, Secretary of War, Washington.

SIR: About eighteen months ago the Confederate steamer Sumter made prizes of several merchant vessels off the coast of Cuba and carried them to a port in that island. The officers and crews of these vessels were liberated by Captain Semmes on parole. Will you be good enough to inform me whether under the recent arrangement for exchanges made by Colonel Ludlow, particularly under the eighth section of this arrangement, the officers and men referred to are or not included? I write for the benefit of certain persons residing here who are interested in the decision.

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

WM. B. SMITH.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., January 20, 1863.

Col. B. L. E. BONNEVILLE, Commanding Benton Barracks, Saint Louis, Mo.

SIR: In reply to your letter of the 7th instant presenting the cases of paroled Government employés who report to you I have the honor to communicate the following instructions just received from the Quartermaster-General: Civilians employed by Quartermaster’s Department captured by the enemy are considered as entitled to pay until released. They should if on parole be discharged from the service on reaching the first convenient place and are entitled to receive a certificate of the material facts to enable them to establish their claim for pay until released. Those who have been exchanged can generally obtain employment from the quartermaster upon making their cases known. If they do not choose to enter the service or if not being exchanged their paroles prevent them from serving the United States there is no other course left but to discharge them. The United States cannot support them in idleness. It is not considered proper to allow them transportation to return to their homes or distant places of employment.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third infantry, Commissary-General of Prisoners.

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OFFICE PROVOST-MARSHAL-GENERAL, Saint Louis, Mo., January 20, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: I have the honor to acknowledge receipt of your letter of the 15th instant. You state that Singleton was released from Alton [Prison] {p.196} under a general order which directed the release of all military prisoners who were willing to take the oath. While I am aware of the fact that I have no control over prisoners at Alton merely because they are there, yet it is important that I make known to you the fact that there are many prisoners at Alton sent there by my predecessors against whom there are serious charges and whose cases have never been fully investigated by this office. You will recollect that Colonel Gantt was at one time under the impression that the Alton prisoners were under the control of this office and consequently he considered I suppose that prisoners there would not be released until acted upon by this office. I have as yet never been able to dispose of the cases of those prisoners who were sent to Alton by Colonel Gantt and Colonel Farrar. The whole force in this office has been kept engaged upon the cases in the prisons at Saint Louis. My object has been to dispose of the Saint Louis cases first and then send the prisoners who are to be permanently confined to Alton, and have time Alton prisoners whose cases have not been acted upon taken up and disposed of. In view of these facts I suggested that inquiry be made at this office before ordering the release of prisoners at Alton. If, however, that course should not be adopted it will be necessary for me to have the Alton cases first disposed of. In your letter of October 29, 1862, to Colonel Gantt you state that prisoners at Alton may be released by this office who have been sent there upon charges which upon investigation prove to be unfounded. I have been incessantly engaged in having these cases investigated; but there has been great difficulty in procuring the evidence, and nearly every case requires a personal examination of the prisoner. It takes much time to dispose of so many cases. I desire to be informed whether prisoners at Alton sent from here whose cases have not been disposed of are liable to be released by orders from Washington for the reasons above stated.

I have the honor to be, your obedient servant,

F. A. DICK, Lieutenant-Colonel and Provost-Marshal-General.

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FORT MONROE, January 20, 1863.

Hon. G. V. FOX, Assistant Secretary of the Navy:

Not only the cartel but also the declaration of exchange of all captures on the sea up to the 10th instant requires the release of Captain Vincent and others now confined in Fort Lafayette and other prisons. When will they be sent here for exchange?

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

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WAR DEPARTMENT, Washington, January 20, 1863.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: I have the honor to report in answer to your communications of the 5th and 12th instant relative to Captain Wynne that the facts and circumstances within my knowledge relative to the arrest, imprisonment, &c., of Edward Wynne, representing himself to be a captain of the Grenadier Guards, Canada, are briefly as follows:

Captain Wynne when brought before me respectfully declined making any disclosures touching the object of his visit to Richmond or the ways and means whereby he effected his passage through the Federal lines. {p.197} but during our conversation he stated in answer to interrogatories that he left Canada the last of October and came to this city where he remained a day or two; that he passed the Federal lines on his way to Richmond from Washington near Leonardtown, having no pass or permission from the Federal authorities. In answer to the question, “From whom did you obtain information as to the best plan to pass through the Federal lines?” he answered, “I picked up the information about town” (Washington). That after getting into the rebel lines he proceeded to Richmond and remained at and in the vicinity of that city until about the 24th ultimo and then left with a pass from the rebel authorities for the North. He came to the Point of Rocks and crossed over and was there arrested, sent to this city and committed to the Old Capitol Prison. He informed me that he carried but one letter South and that to a lady whose name he declined giving, but in a letter found on his person written by C. Q. Tompkins, a rebel officer, to Col. Robert H. Chilton, adjutant-general in the rebel army, Captain Wynne and Captain Phillips, a British officer, are represented as gentlemen highly accredited by friends in Baltimore. Captain Wynne informed me that he was at Fredericksburg before and after the battle, and he had in his possession a map of the battle drawn by Hotchkiss, of the rebel topographical engineers, on which the position of the rebel forces and the topography of the battle-ground are correctly and artistically delineated. Among the papers and letters found in his possession was one from Col. G. W. C. Lee, the rebel secretary of Jeff. Davis, inviting him and Captain Phillips to dine; another from the said rebel Colonel Lee stating that he (Colonel Lee) “will speak to General Fitz. Lee in reference to your wishes,” &c., and “to serve you in any respect,” another from the said rebel Colonel Lee addressed to his uncle, the rebel Capt. S. S. Lee, at Drewry’s Bluff, introducing Captains Wynne and Phillips, saying among other things, “I believe they are acquaintances of Miss Ellen Magruder whom they met in Canada;” another from C. Q. Tompkins, a rebel officer, to Col. Robert H. Chilton, a rebel adjutant-general, introducing Captains Wynne and Phillips as officers of the British army, who will visit “your headquarters with the sanction of this Government;” a pass from the rebel Major-General Stuart directing guards and pickets to pass to Richmond from headquarters cavalry division Hon. F. Lawley, F. Vizetelli (London Illustrated News artists), Captains Wynne and Phillips; a pass from War Department of the Confederate States of America giving permission to Captain Wynne to visit at will thirty days, upon his honor not to communicate in writing or verbally any fact that might be injurious to the Confederate States, &c.; a lithographic map of the battlegrounds of the Chickahominy; the Virginia ordinance of secession largely displayed, with facsimiles of the signatures of the members of the convention of secessionists; photographs of the rebel President and cabinet ministers of the rebel Confederacy; a book of lithographic figures displaying the uniforms of the C. S. Navy and another displaying the uniforms and dress of the Army of the Confederate States; a book of 215 pages of the war songs of the South and a book of 490 pages, being the pro-slavery argument as maintained by the most distinguished writers of the Southern States. Captain Wynne in answer to an interrogatory frankly and earnestly declared that his sympathies were with the rebels. The communication* of Lord Lyons is returned as requested.

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

L. C. TURNER, Judge-Advocate.

* Not found.

{p.198}

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GENERAL ORDERS, No. 3.}

HDQRS. DEPT. OF THE CUMBERLAND, Murfreesborough, Tenn., January 20, 1863.

The following extracts from the cartel under which prisoners are exchanged in the existing war with the Southern States are published for the information of this army:

...

ARTICLE 4. 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. The surplus 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 under the provisions of this cartel.

...

ARTICLE 7. All prisoners of war now held on either side and all prisoners hereafter taken shall be sent with all reasonable dispatch to A. M. Aiken’s, below Dutch Gap, on the James River, Va., or to Vicksburg, on the Mississippi River, in the State of Mississippi, and there exchanged or paroled until such exchange can be effected, notice being previously given by each party of the number of prisoners it will send and the time when they will be delivered at those points respectively; and in case the vicissitudes of war shall change the military relations of the places designated in this article to the contending parties so as to render the same inconvenient for the delivery and exchange of prisoners other places bearing as nearly as may be the present local relations of said places to the line of said parties shall be by mutual agreement substituted. But nothing in this article contained shall prevent the commanders of two opposing armies from exchanging prisoners or releasing them on parole from other points mutually agreed on by said commanders.

In pursuance of the terms of the cartel it is ordered that all officers and soldiers captured by this army be immediately paroled and sent to the nearest military post, duplicate descriptive rolls being sent to the provost-marshal-general at these headquarters, whose duty it will be to see that such prisoners are promptly forwarded for exchange. No Confederate officers or soldiers captured by this army that may be paroled and set at liberty without proper delivery as provided in the cartel will be claimed as prisoners of war and proper subjects of exchange. No U. S. officers or soldiers so captured, paroled, and set at liberty without proper delivery, as provided in the cartel, will be considered as prisoners of war and proper subjects for exchange, but will be immediately ordered back to duty, such paroles being a violation of the terms of the cartel. An attempt on the part of the capturing party thus to force delivery to their own advantage forfeits their right to hold the prisoners.

By command of Major-General Rosecrans:

C. GODDARD, Assistant Adjutant-General and Chief of Staff.

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WASHINGTON, D. C., January 21, 1863.

Maj. Gen. E. A. HITCHCOCK.

GENERAL: A party of soldiers dressed as citizens were sent out by the late General Mitchel to destroy railroads in that vicinity. They were captured by the enemy and held as spies and a number of them were executed. Two of them recently escaped and have reported to me under orders to join their regiment which is serving with General Rosecrans. If they should be captured again would they not be liable again to be held for trial as spies? I think they would but I would prefer to be governed by your better judgment.

Respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

{p.199}

[Indorsement.]

I concur in the opinion expressed within and think the men referred to ought not to be exposed to the danger of falling into the hands of the enemy under the circumstances.

E. A. HITCHCOCK, Maj. Gen. of Vols. and Commissioner for Exchange of Prisoners.

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FORT MONROE, January 21, 1863.

Hon. EDWIN M. STANTON, Secretary of War:

A dispatch from Mr. Ould, Confederate agent for exchange of prisoners, informs me that all officers now in the hands of the Confederates and captured before the 12th of January, the date of Jeff. Davis’ message, will not be released on parole but will be exchanged for those of corresponding rank. All officers captured after the 12th instant will be handed over to the Governors of the States where captured, as indicated in Jeff. Davis’ message. “All non-commissioned officers and men will be released on parole as heretofore.” I am now receiving the Murfreesborough prisoners and sending them to Annapolis.

WM. H. LUDLOW, Lieutenant-Colonel, &c.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Port Monroe, January 21, 1863.

Major-General HITCHCOCK, Commissioner for Exchange of Prisoners.

GENERAL: I have the honor to inclose to you communications* just received from Mr. Robert Ould, Confederate agent for exchange of prisoners; also a copy of communication of December 11. These show the condition of matters as connected with citizen prisoners. I would recommend that no civilians be released from any of our prisons to go South unless to procure exchanges. Such exchanges can be made. Before resorting to reprisals would it not be better to use up all the material for exchanges now on hand? The mail is just closing and I am obliged to write in haste.

I am, very respectfully, your obedient servant,

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

* Not found; but see Ould to Ludlow, January 17, p. 186, and for letter of December 11, see p. 71.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, January 21, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: William J. Peters is released from his parole and goes up to Annapolis this afternoon with 700 Murfreesborough prisoners just received from City Point. I would recommend that no civilians be released from any of our prisons to go South unless to procure exchanges there. Such exchanges can be made. I do not think any general plan can be agreed on unless after long delay, and before resorting to reprisals we had better use up all the material for exchanges now on hand.

{p.200}

If you are at a loss to find equivalents you can send the parties released on parole to report to me.

I am, very respectfully, your obedient servant,

WM. H. LUDLOW, Lieutenant-Colonel and Agent for the Exchange of Prisoners.

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WAR DEPARTMENT, Washington, January 21, 1863.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: In answer to your note of this date I have the honor to say that Captain Wynne declined answering any and all questions touching the object of his mission to the rebel capital or who he saw, or where he lodged while in this city. I have directed him to be again brought before me and will report the result of the examination. When brought before me as stated in my report he declined making disclosures, but after a brief familiar conversation he answered a few questions and declined answering many. His confinement since the 5th instant may have impressed him with the importance of disclosing the truth and the whole truth.

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

L. C. TURNER, Judge-Advocate.

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HEADQUARTERS DEPARTMENT OF THE OHIO, Cincinnati, Ohio, January 21, 1863.

Chaplain M. P. GADDIS, Second Ohio Volunteer Infantry.

SIR: I am directed by the commanding general to acknowledge the receipt of your report of the 16th instant in relation to the burning of Government steamer on the Cumberland River, and to state that as seen in General Orders, No. 90, War Department, 1862, you as a chaplain-if captured by the enemy cannot be held as a prisoner of war; that you had no authority to enter into any obligation to destroy the cotton on your arrival at Louisville.

The decision of General Boyle in relation thereto is approved.

Very respectfully, your obedient servant,

W. P. ANDERSON, Assistant Adjutant-General.

[Indorsement.]

CINCINNATI, January 23, 1863.

I desire to state in connection with the above indorsement of Brigadier-General Boyle’s order that on reaching Louisville I took steps to carry out my plighted faith with the so-called Confederate States, viz, the burning of the cotton; but having first deemed it my duty to report to General Boyle was by him forbidden to do the same or to return as a prisoner of war. Believing that under the circumstances I was fully justifiable in entering into such an obligation I hereby enter my solemn protest against said orders and demand permission to carry out the intentions of the obligation.

Very respectfully,

M. P. GADDIS, Chaplain Second Ohio Volunteer infantry.

{p.201}

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WAR DEPARTMENT, ADJUTANT-GENERAL’S OFFICE, Washington, January 22, 1863.

Brig. Gen. C. P. STONE, Washington, D. C.

SIR: Your letter of the 8th instant has been submitted to the Secretary of War. I have respectfully to inform you in reply that the property and papers were brought to this Department by one of your aides; that the property was delivered to Mr. Parker, your brother-in-law; that the papers were at the time sealed up and remain so still. Maj. L. C. Turner, judge-advocate, has been instructed to examine time papers and in a few days will return to you such as are of a private nature, retaining only such as are of a public character or important as evidence.

I am, sir, &c.,

L. THOMAS, Adjutant-General.

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WASHINGTON, January 22, 1863.

Maj. Gen. S. R. CURTIS:

All rebel enlisted prisoners of war should be sent to Vicksburg for exchange. If this cannot be done distribute them at Camps Morton, Douglas and Washburn, near Milwaukee. I will telegraph to the commander to notify you how many they accommodate.

By order of the General in Chief:

W. HOFFMAN, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., January 22, 1863.

Col. W. E. DOSTER, Provost-Marshal, Washington.

COLONEL: Please inform me if Assistant Surgeon Green, of the Fifth Virginia Cavalry, has yet been sent to Fort Monroe. It is not desired that any more political prisoners be sent South until I hear further from Colonel Ludlow.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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WAR DEPARTMENT, Washington, January 22, 1863.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: I have the honor to inclose to you a copy of statement verified by oath made by Captain Wynne last evening before me at my office. He did not disclose frankly and fully but reluctantly and partially, refusing positively to disclose facts, names and circumstances of vital importance to characterize the object of his visit to Richmond. This refusal on his part is significant and stamps this surreptitious messenger to the rebel capital as a spy. It seems that Captain Phillips, of the same corps, was his companion from Canada and while in Richmond and passed our lines without being arrested. The letter found on Captain Wynne written by a rebel officer stated that Captains Phillips and Wynne came highly accredited to the rebels from Baltimore, and although Wynne took no letters himself he reluctantly swore that Captain Phillips did take letters from Baltimore. These grenadier captains {p.202} belong to the same corps as Colonels Fletcher and Neville, who were with General McClellan on the Peninsula. Neville returned to England, but Fletcher went to Baltimore and then returned to Richmond and other parts South, returning to Canada I am told about five weeks since through this city.

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

L. C. TURNER, Judge-Advocate.

[Inclosure.]

WASHINGTON CITY, District of Columbia, ss:

Edward Wynne upon oath makes the following statement: I am lieutenant and captain of the Grenadier Guards, in Canada, and a British subject. I left Montreal about the 27th of October last for New York. I stopped in New York at the Brevoort House and staid there five days. From New York I went to Baltimore and staid there till the 17th of November and stopped at Guy’s Hotel. I saw in Baltimore General Morris, commandant of the fort, Mr. William Brune, Mr. Weld, two Messrs. Gilmore and Captain Balfour, an English officer. I had a letter of introduction to Mr. William Brune from his brother, John C. Brune, in Canada. I had also a letter of introduction to Mr. W. Wilkins Glenn, of Baltimore, from an English officer in Canada, and I had letters to no other persons in Baltimore. I had a letter to Colonel Browner in New York, an English officer, which I did not deliver, and letters to no other persons in New York. From Baltimore I went to Washington City and stopped at Willard’s Hotel for dinner but did not sleep in Washington. I had letters to no one in Washington and I saw no one in Washington to converse with save Mr. Weld, of Baltimore, or rather near Cumberland. I went back to Baltimore the evening of the same day I came to Washington. I left Baltimore the second time on the 17th of November last in company with Capt. Guy Phillips, an English officer in the Grenadier Guards. Captain Phillips left Canada with me and traveled with me. We left Baltimore on the 17th on a steamer and went to Kent Island, where we staid till evening and then went on board a smack, which we hired to take us into the mouth of Patuxent River. We landed at the mouth of the Patuxent River after about four days’ sailing. At Patuxent River we hired a two-horse wagon and driver to take us to the Potomac River near Piney Point and the night after leaving Patuxent River we crossed over the Potomac near Piney Point. After crossing the river we hired another conveyance that took us to Farnham. We slept there and then hired another conveyance to take us to the Rappahannock River. We slept that night about a mile on the other side at a place called Center Cross. The next day we went to the White House and the next day to Richmond by the cars, which was the 26th of November. I decline to answer whom we consulted as to the best way of getting from Baltimore to Richmond and I decline telling who advised us how to go or the best way of going or aided or assisted us in going, but several persons were consulted and several persons advised us but the names I decline giving. I took no letters from Baltimore to Richmond, but Captain Phillips did, but how many I know not. The day I spent in Washington I did not visit any of the camps or fortifications. I only went about town and to the Capitol. Captain Phillips did not accompany me to Washington but he came over to Washington the afternoon of the day that I came over and returned to Baltimore the next. When I left Canada with Captain Phillips we had an idea of going to Richmond and {p.203} we matured our plans for going while in Baltimore, although we made up our minds to go when in New York. We stopped first in Richmond at the Spotswood and then at the Exchange Hotel. I saw and conversed with General Stuart, Col. [G. W.] Custis Lee, the officers of General Stuart’s staff, Colonel Brown, Major-General Lee, Colonel Baldwin and other rebel officers. We went to Drewry’s Bluff and to Fredericksburg while staying at Richmond, having passes from the rebel authorities. We dined with Col. [G. W.] Custis Lee and with General Stuart, but no rebel officers dined with us. Captain Phillips and myself left Richmond together and went to the Point of Rocks, having passes from the rebel authorities. Captain Phillips crossed over first alone and was not arrested. I followed him about 7 p.m. and was arrested. This was on Sunday, the 27th of December last. I took no letters from Richmond to any person North and I have no knowledge that Captain Phillips did. We avoided that as we knew it was a dangerous thing to do.

ED. WYNNE, Lieutenant and Captain Grenadier Guards.

Subscribed and sworn to before me this 21st day of January, 1863.

L. C. TURNER, Judge-Advocate.

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HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, January 23, 1863.

Maj. Gen. U. S. GRANT, Commanding Department of the Tennessee, Memphis, Tenn.

GENERAL: The prisoners are arriving here and what to do with them is a difficult question. I have them on Arsenal Island without shelter. I am obliged to put them where a small guard will do for I have sent everything down to help you in the down-river matters.

...

With my best wishes for your success, I remain, general, very truly, yours,

SAML. R. CURTIS, Major-General.

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SAINT LOUIS, January 23, 1863.

Colonel HOFFMAN, Commissary-General of Prisoners, Washington:

Adjutant-general of Indiana reports room for 2,000 prisoners but no guard. We have barracks here but no guard for 6,000 prisoners. I have them at Arsenal Island still on their boats. Shall I have sheds built on island? Will you take charge of them? It is not in my power to make them safe and comfortable.

S. R. CURTIS, Major-General.

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WASHINGTON, January 23, 1863.

Major-General CURTIS, Commanding Department of the Missouri:

Send your prisoners to Camps Douglas and Morton; the former can receive 4,000 and the latter 2,000. General Wright will furnish guard. {p.204} Notify him of the number sent to each place. If General Rosecrans has not sent wounded prisoners to Camp Butler substitute it for Camp Morton.

By order of the General-in-Chief:

W. HOFFMAN, Commissary-General of Prisoners.

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QUARTERMASTER-GENERAL’S OFFICE, Washington, January 23, 1863.

Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, Washington City.

COLONEL: The letter of Col. B. L. E. Bonneville, commanding Benton Barracks, Mo., relating to civilians employed by the Government captured and paroled by the enemy referred by you to this office on the 14th instant is herewith returned. Civilians employed by the Quartermaster’s Department captured by the enemy are considered as entitled to pay until released. They should if on parole be discharged from the service on reaching the first convenient place and are entitled to receive certificates of the material facts to enable them to establish their claim for pay until released. Those who have been exchanged can generally obtain employment from the quartermaster upon making their cases known. If they do not choose to re-enter the service or if not being exchanged their paroles prevent them serving the United States there is no other course left but to discharge them. The United States cannot support them in idleness. It is not considered proper to allow them transportation to return to their homes or distant places of employment.

Very respectfully, your obedient servant,

M. C. MEIGS, Quartermaster-General.

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COLUMBUS, January 23, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners:

We can accommodate from 300 to 400 wounded prisoners. Prison No. 3 requires repairing, which has been ordered.

JAMES COOPER, Brigadier-General, Commanding.

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WASHINGTON, January 23, 1863.

Lieutenant-Colonel LUDLOW, Agent for Exchange of Prisoners:

Does the phrase “all captures on the sea” in the declaration of exchanges cover citizens running the blockade?

W. HOFFMAN, Commissary-General of Prisoners.

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FORT MONROE, January 23, 1863.

Col. J. C. KELTON, Headquarters of the Army, Washington, D. C.:

We have three Confederate officers confined at Fort Norfolk. Shall they be paroled and sent to Richmond to be exchanged for specific equivalents of our officers confined there or return in ten days?

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

{p.205}

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, January 23, 1863.

Col. WM. HOFFMAN, Commissary-General of Prisoners, Washington, D. C.:

The phrase “all captures on the sea” in the declaration of exchange does not cover citizens running the blockade but applies to persons captured in arms or hostile array against the United States.

Please so inform Mr. Fox, Assistant Secretary of the Navy.

WM. H. LUDLOW, Lieutenant-Colonel and Agent for the Exchange of Prisoners.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, January 23, 1863.

Hon. ROBERT OULD:

Permit me to call your attention to a point in our exchanges which is operating (though probably unnoticed by you) with great unfairness.

At our last interview, and not anticipating such decisions as you have arrived at in reference to exchanges of U. S. officers, in order to facilitate our business I assented to the plan of exchanging by captures and reducing to equivalents in privates. The result now is that while I reduce to such equivalent all your officers captured at Fredericksburg who had been paroled and sent through the lines you retain all of our officers captured at the same place. Whatever action may be taken in violation of the cartel in reference to officers captured at Fredericksburg, they should be released on their parole. Will you please send me your decision on this point? The declaration of exchange of our officers and men paroled at Goldsborough, N. C., May 22, 1862, and delivered at Washington, N. C., was only intended to apply to seven and not to the large capture referred to by you.

I am, very respectfully, your obedient servant,

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

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INDIANAPOLIS, IND., January 23, 1863.

Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

COLONEL: In reply to your telegram of the 20th instant I have to reply that I have no means of obtaining accurately the number of patients in the rebel hospitals at La Fayette. I wrote to Doctor Chesnut to furnish me with the required information but he cannot state accurately. I inclose his reply just received.

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

H. W. FREEDLEY, Captain, Third Infantry.

[Inclosure.]

LA FAYETTE, IND., January 22, 1863.

Captain FREEDLEY:

In answer to your communication of the 20th instant I have to state that the two regiments of rebel prisoners quartered at this place had been stationed at Bowling Green; were marched from there to Fort Donelson and were kept in the rifle-pits four days and nights before {p.206} they were captured. They were then placed in open boats and without overcoats and very poorly dressed were brought here, half famished with cold, exposure and hunger. For the first two days they were furnished with food by the citizens, consisting of meats, poultry, vegetables, fruits and pastries of great varieties. The result of this imprudence was in addition to the large sick list which they brought with them the great majority of both regiments were attacked within a few days with camp diarrhea. Immediately after their arrival typhoid pneumonia, under which the rebels had suffered so severely at Bowling Green, broke out among them in its most malignant form. Tippecanoe Hospital and the hospital at Welsh’s Hall were opened on February 25, 1862, and both were filled immediately with patients, and by the 10th of March 140 patients had been received into the hospitals and at least 50 more were under treatment in the barracks, as hospital room could not be procured for them. I kept a list of all the patients returned cured and also of the deceased, but it was lost during my visit to Corinth and consequently I cannot give you quite so accurate an account of the second month. The first month would average 150 patients per day, while perhaps the second month would not average more than 50 or 60 per day, and the last ten or twelve days would not average more than 20. I had during the entire time not only to prescribe for the patients in both hospitals (which were located one mile apart) and in the barracks but put up the prescriptions myself, which consumed my entire time and was exceedingly laborious. I trust that my claim will not suffer any further reduction, as the whole amount would scarcely compensate me for the labor and toil of the first month. Although I applied for an assistant surgeon and had the promise of one I had neither assistant surgeon nor apothecary at any time.

Yours, respectfully,

THO. CHESNUT, Surgeon.

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LOUISVILLE, January 23, 1863.

Capt. A. C. SEMPLE, Assistant Adjutant-General.

SIR: On the recent passage of the steamer Hastings down the Cumberland on the 13th instant she was attacked and captured by a squadron of rebel cavalry under command of Colonel Wade. It was the intention of the captors to regularly parole all on board; but as much time would be required to accomplish this work they finally determined to take the lists of the sick and wounded in possession of the surgeon in charge and report them to the Confederate authorities as regularly paroled prisoners on condition that the surgeon would so consider them and so report them to the Federal authorities. As it seemed evident that nothing could be gained by a refusal to enter into this arrangement it was readily agreed to. There being no list of the commissioned officers one was made out and they were required to stand in line and with uplifted hand to take the parole. After its administration they were informed that the surgeon in charge would furnish them with such papers as would show that they had been made prisoners of war and regularly paroled. This, however, the surgeon subsequently refused to do on the ground that he was in charge only of the wounded from certain hospitals; that having furnished the lists of these he had fulfilled his part of the agreement, and as the names of the officers did not appear on these lists they were not under his care and he had nothing to do with them.

{p.207}

Thus the matter stands. A dozen or more Federal officers have been reported to the Confederate authorities as paroled prisoners of war and they are without the papers needful to establish the fact. The case as presented then involves a question of military law of which I cannot pretend to be a judge. I report the facts as briefly as I can and in behalf of all concerned respectfully ask the attention of the proper authority to a consideration of them.

Very respectfully,

L. H. RALSTON, Captain Company C, Third Kentucky Volunteers.

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CHICAGO, January 23, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners:

Camp Douglas will accommodate 300 wounded and 3,000 to 4,000 well prisoners. The troops there are without arms but requisition has been made for a supply. Camp Washburn, at Milwaukee, and Camp Randall, at Madison, Wis., both full. One thousand prisoners could be taken care of at Prairie du Chien and 1,000 at Oshkosh, Wis. Notify me if any are sent to either place.

J. A. POTTER, Captain and Assistant Quartermaster.

–––

CHICAGO, January 23, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners:

Colonel Cameron is still at Camp Douglas though under orders. Plenty of troops in Wisconsin to guard prisoners there.

J. A. POTTER, Captain and Assistant Quartermaster.

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WAR DEPARTMENT, Washington, January 24, 1863.

Colonel LOOMIS, Commanding at Fort Columbus, New York Harbor:

You will produce before Judge Sutherland the man Peter Miller, in respect to whom a writ of habeas corpus is pending, whenever you are notified to do so by any judicial authority. It is the desire of the Department to have no dispute in his case. I have also directed the provost-marshal-general to inform you when he should be produced.

EDWIN M. STANTON, Secretary of War.

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SAINT LOUIS, January 24, 1863.

Major-General HALLECK:

I have formerly discharged prisoners of war who seem worthy and willing to renounce rebel service, no United States order conflicting. I ask the discretionary power. Some 200 of the Murfreesborough prisoners desire to take the oath.

S. R. CURTIS, Major-General.

{p.208}

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CAMP BUTLER, Illinois, January 24, 1863.

Col. W. HOFFMAN:

Have the prisoners captured at Lexington under Colonel Mulligan been exchanged?

W. F. LYNCH, Colonel Fifty-eighth Illinois.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, January 24, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: I perceive an announcement of the arrival at Cairo of nearly 5,000 prisoners captured at Arkansas Post. Will you please inform me how many commissioned officers there are among them and send me a list of their names, rank, &c.? You are aware that the Confederate authorities have refused to release our captured officers on parole and intend to hand over to the Governors of the States where captured all taken after the 12th instant. This latter intention indicated by Jeff. Davis in his message is now under debate in the Confederate Congress, but I have no doubt that it will be carried out. An officer captured before the 12th instant will not be paroled but exchanged so that if our military authorities consent to the arrangement we can only get such officers released by releasing Confederate officers to procure the exchange of a special equivalent. What are you doing toward releasing citizen prisoners to procure special equivalents?

I am, very respectfully, your obedient servant,

WM. H. LUDLOW, Lieutenant-Colonel and Agent for the Exchange of Prisoners.

P. S.-I inclose to you a copy of a communication from Mr. Ould. Have we not citizen prisoners captured by our officers who can be at once sent here for exchange for those taken by General Stuart? Please inform me.

–––

W. H. L.

[Inclosure.]

RICHMOND, January 19, 1863.

Lieut. Col. WILLIAM H. LUDLOW, Agent of Exchange.

SIR: I have nothing new to add to my former communication to you in relation to the release of citizen prisoners. The Confederate Government is willing to adopt any fair and reciprocal rule. If you will release citizen prisoners captured by your generals in their raids into Confederate territory we will most cheerfully release such as have been captured by us including those taken by General Stuart. Is there anything unreasonable in this position? I know nothing about Henry Voegler whom you propose for William J. Peters. Peters need not return. I will inquire if we can receive Voegler for Peters. If not, I will hereafter suggest some name to you.

Respectfully, your obedient servant,

ROBERT OULD, Agent of Exchange.

–––

CINCINNATI, January 24, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners:

Three hundred and fifty of Confederate wounded can be accommodated at Camp Dennison and the medical director has been directed to {p.209} provide accommodations for others elsewhere in the department. Will arms for the regiments at Camp Douglas be sent from Washington? Please answer immediately.

By order of Major-General Wright:

N. H. MCLEAN, Assistant Adjutant-General and Chief of Staff.

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CINCINNATI, January 24, 1863.

Maj. N. H. MCLEAN, Assistant Adjutant-General, Department of the Ohio.

SIR: Please have my case settled as soon as possible. I am of the opinion that nothing short of an understanding between Secretary Stanton or General Halleck with the rebel Secretary will insure my safety either in the Army or out of it. I know them too well.

Respectfully, yours,

M. P. GADDIS, Chaplain Second Regiment Ohio Volunteers.

[Indorsement.]

HEADQUARTERS DEPARTMENT OF THE OHIO, Cincinnati, Ohio, January 27, 1863.

Respectfully referred to Col. W. Hoffman, commissary-general of prisoners, for reference if necessary to the Secretary of War.

On the first statement presented by Chaplain Gaddis I was confident the decision of Brigadier-General Boyle was the proper one and therefore approved it. The papers subsequently submitted by the chaplain cast some doubt on the correctness of that decision, particularly the statement that the rebels refused to parole him as a chaplain, such proceeding being in violation of the cartel, and required as the condition of letting the cotton remain on board for the use and comfort of the sick and wounded that he should pledge himself not as chaplain but as an individual in care of the wounded to destroy the cotton or deliver himself up. While I remain of the opinion still that the rebels cannot under any understanding had between the parties hold Chaplain Gaddis, I am not conversant enough with the understanding existing with the so-called Confederate authorities to be positive and therefore refer the case for decision.

Instructions have been given to hold the cotton till the matter shall be finally decided.

H. G. WRIGHT, Major-General, Commanding.

–––

CINCINNATI, January 24, 1863.

Maj. N. H. MCLEAN, Assistant Adjutant-General, Department of the Ohio.

SIR: After more mature reflection in regard to my present position toward the so-called Confederate States I am convinced that the “orders” issued to me by Brigadier-General Boyle and subsequently indorsed by Major-General Wright are wrong and do me unintentional injustice, and place me in a position not at all desirable to one who values his veracity and honor at any time, much less in a case like the {p.210} present. I must either burn the cotton, return to the Confederate lines, or my Government must through the proper channels assume the responsibility of my actions and thus publicly relieve me. I being the only commissioned officer on either steamer able to treat with our captors certainly did my duty in making the best terms possible. In doing this you in the indorsement of General Boyle’s order condemn me. My position as chaplain does not relieve me. General Wheeler did not parole me; he said it would be a violation of the cartel. The cotton was a lawful capture by them and under the circumstances they would have been justified in burning the same. Placed as both parties then were the cotton could not be burned without endangering the lives of many of the sufferers on the Hastings. Hence General Wheeler ordered me to be held personally responsible for the burning of the cotton on my reaching Louisville. I accepted the terms not dreaming that commanding generals would condemn instead of indorsing my course.

So long as there were other lives at stake I cared not for my own, but as it is now reduced to one and that my own it is just as valuable to me as yours and far more valuable than the paltry price of 111 bales of cotton,in order to save which it is now proposed to consign me to a doom not desirable to any man. I am fully aware of what that doom will be if I return without having tried to burn the cotton and I would rather submit to that doom than live and bear the disgrace necessarily involved in the violation of a faith plighted to a recognized “belligerent power” under such circumstances.

In conclusion allow me to say that I have been connected with the army ever since the commencement of the war and have tried to do my duty. I have been on detached service part of the time as recruiting officer, quartermaster, transporting supplies, &c., and have always had the commendation of my superiors and at this period of the war I can ill-afford to be thus cast of.

Hoping, my dear sir, that you now fully understand my position and will give it the attention that it deserves,

I remain, most respectfully, your obedient servant,

M. P. GADDIS, Chaplain Second Regiment Ohio Volunteer Infantry.

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HEADQUARTERS PRISONS, Camp Chase, Ohio, January 24, 1863.

Captain LAZELLE, Asst. to Commissary-General of Prisoners, Washington, D. C.

CAPTAIN: First, pursuant to your instructions I have contracted for the grading with gravel the walks and wells in the prisons at this post, i.e., the east prisons, and herewith inclose the agreement* in duplicate for the approval of the commissary-general of prisoners and upon the return of the same if approved the work will be immediately begun. The price of $1 per cubic yard is the lowest responsible bid I had.

I have separated the prisoners of war from political prisoners and placed them and the officers recently received in prison No. 1 (east), No. 2 becoming too much crowded, and as it is equally as muddy as No. 2 the graveling will have to be done in it also. In that case the present contract could be extended.

2. I hold the commissioned officers, prisoners of war, from parole and exchange as directed by the commissary-general of prisoners.

{p.211}

3. I have forwarded no prisoners of war to Cairo for exchange very recently, desiring first to learn from the commander at Cairo whether under late events on the Mississippi they could be received at present there.

4. The orders of Colonel Hoffman dated 19th instant are received and accordingly all facilities and information possible will be furnished the legislative investigating committee concerning prisons and prisoners.

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

EDWIN L. WEBBER, Captain, Commanding Prisons.

* Omitted.

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PRIVATE AND CONFIDENTIAL.]

NEW YORK CITY, January 24, 1863.

Hon. W. H. SEWARD, Secretary of State.

SIR: The contents of this letter will explain briefly why I have presumed to trespass upon your time. For a year and a half I have been actively engaged in aiding the South in its attempt to overthrow the Government of the United States. For this I have suffered sufficiently and after mature reflection have returned to my ancient allegiance, having quietly renounced all connection with the rebels and sought repose from excitement by a residence in the North, Whilst I have thus lived in solitude the thought has often disturbed me when I reflected upon my present inactivity compared with may former life, and I have been led to ask myself if I were not wrong in not attempting some effort in behalf of the United States Government when I was capable of doing so much harm and injury to the Confederates from the knowledge which I possess of their movements in Europe and of their plans for securing the ultimate dismemberment of the Union. I know that I can better serve the Government in furnishing it with late reliable information than any man in the North. Whilst in Europe in 1861 and 1862 I was perfectly familiar with all secession movements and intrigues, having been one of time agents from the South.

I read regularly the dispatches of Messrs. Yancey, Mann and Rost, as well as those of Mr. Slidell after his arrival. I knew of the efforts of Bulloch and Semmes to fit out the Oreto and “290,” or Alabama, and I could have frustrated them had I so desired. But I was then revolutionary in my opinions. I have since become conservative and peaceful. Since my change of opinion I will engage to place myself at the disposal of the President and repair to England and France and furnish the Department of State with regular abstracts of all dispatches and arrange with the Navy Department for the capture of the Alabama. I will be able to ascertain the depot where she will coal and steamers can be dispatched for her capture. In addition I can furnish a list of all vessels engaged in the contraband trade in order that they may be overhauled and properly dealt with.

I have thus furnished you with only an outline of that which I can do. In a personal interview I could explain myself more fully and at greater length than the mere limits of a letter will allow. I have made these propositions in earnest because I desire to see time war closed and the Union restored. If desired I can give the highest references as to my antecedents before the war and of operations since its commencement from among men of the North.

I desire that you shall show this letter only to time President in the event that you notice it at all, because if I place myself at his disposal {p.212} and by any means the agents of Jefferson Davis should become apprised of the fact I would be powerless for good. As it is many would regard my proposals as dishonorable, but against treason and rebellion all means are honorable. At present I possess the unlimited confidence of all the rebel agents and commissioners.

Hoping soon to hear from you upon the subjects contained in this hurried and imperfect note,

I remain, honorable sir, with the highest consideration, your most obedient servant,

B. WARD.

Address care of Astor House, New York.

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HEADQUARTERS OF THE ARMY, Washington, D. C., January 25, 1863.

Major-General CURTIS, Saint Louis:

Prisoners of war (not officers) who ask to take the oath of allegiance may in your discretion be released.

H. W. HALLECK, General-in-Chief.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, January 25, 1863.

Maj. Gen. E. A. HITCHCOCK, Commissioner for Exchange of Prisoners.

GENERAL: I have the honor to acknowledge the receipt of your communication of the 23d instant* relating to the case of Doctor Rucker, with its [inclosure?]. I sincerely regret that his case has been so long neglected, as many opportunities have been presented since his arrest to procure his liberation or exchange. Governor Letcher, of Virginia, is assuming power and performing acts in gross violation of the cartels, so much so that Mr. Ould has spoken to me on the subject in tones of regret and at the same time hinted that he was powerless to remedy. There is a continual clashing and conflict of authority going on in Virginia between the State and Confederate authorities. The latter are afraid to quarrel openly with the former and would let Letcher have his own way with Doctor Rucker. I would earnestly recommend that some Confederate medical officer or prominent citizen of Virginia now in our hands (if we are so fortunate as to have one) be immediately set apart as hostage for Doctor Rucker. I will of course promptly make a demand for him and desire to have a hostage to present as an alternative. I am satisfied that nothing but most vigorous measures can be efficient in such a case. Colonel Hoffman may know of some suitable prisoner for a hostage and I would be glad to be furnished with his name, as I shall meet Mr. Ould in a few days.

I am, very respectfully, your obedient servant,

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

* Not found.

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RICHMOND, January 25, 1863.

Lieutenant-Colonel LUDLOW, Agent of Exchange.

SIR: Your letters of the 23d have been received.

1. J. A. Flagg will be sent off by to-morrow’s boat.

2. I prefer to retain the sutlers until I see you.

{p.213}

3. It is not true that many of your prisoners at Richmond and Salisbury are suffering from want of clothing. I will hereafter inform you whether any clothing for their use will be received.

4. I will make due inquiry into the alleged fact that parties belonging to the Fourth Regiment East Tennessee and other Tennessee and Ohio regiments have been detained in Atlanta and Castle Thunder for over eight months. I do not think that such is the fact. If it is so they shall be delivered to you.

5. You say “that all the men taken in arms against the United States who belonged to your (our) irregular organizations have been released and delivered at Vicksburg.” The representations daily made to me are exactly to the contrary. If credible testimony can be believed you have now many hundreds of our officers and men in confinement. By the express terms of our last agreement all such are to be immediately released, to whatever organization they may have belonged. They heretofore have been refused a release because they were styled “bushwhackers.” They were not so in any sense of the term. Will you release them?

6. Some few of the officers captured at Fredericksburg were paroled and sent to your lines. If any injustice has been done to you by our agreement about reducing officers to privates or in any other subject-matter I will promptly redress it. It will, however, be impossible to arrange that matter without an interview. There must be many officers in your and our possession who by our agreement made at the last interview were declared exchanged. Such certainly ought to be mutually delivered up. The excess is on our side but I will stand it because I have agreed to it. I must, however, insist upon the immediate delivery of such of our officers as are included in the agreement.

7. The letter to the widow of the late General D. R. Jones was sent to her in a few minutes after its receipt.

8. I have many subjects upon which I desire to have a conference with you. Inform me unless you yourself come when you will be at City Point.

9. Inform me by the next communication whether you have any of our non-commissioned officers and privates on hand and when you will send them; also whether you intend to keep in confinement the citizen prisoners whom you have arrested.

Respectfully, your obedient servant,

RO. OULD, Agent of Exchange.

–––

WAR DEPARTMENT, Washington, January 26, 1863.

Major-General SCHENCK, Baltimore:

Please make official report of all the circumstances of the arrest of Captain Wynne, calling himself of the British army, and also any testimony or facts leading to the suspicion of his being a spy.

H. W. HALLECK, General-in-Chief.

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HEADQUARTERS EIGHTEENTH ARMY CORPS, New Berne, N. C., January 26, 1863.

Brig. Gen. N. G. EVANS, Commanding, Kinston, N. C.

GENERAL: I herewith have the honor to send prisoners of war taken by my forces at and near Trenton, N. C.

{p.214}

These men are released on their parole of honor. The list* of names please find inclosed.

I am, with great respect, your obedient servant,

J. G. FOSTER, Major-General, Commanding.

* Omitted.

–––

SAINT LOUIS, January 26, 1863.

Colonel HAWKINS, Commanding Escort of Confederate Prisoners at Alton:

You will ascertain what privates among the prisoners under your control desire to take the oath of allegiance and renounce the rebel service. And those who do so desire you will leave under proper guard upon the boats at Alton. The rest you will immediately send on to Chicago. Show this to Colonel Hildebrand.

S. R. CURTIS, Major-General.

–––

OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, January 26, 1863.

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

GENERAL: I have the honor to inclose herewith the papers which were referred to me from your office in relation to the destruction of public property at Chicago, Ill., by paroled troops, together with a report on the same matter made to me by Col. D. Cameron, commanding the camp, as required by my order* of the 22d ultimo, a copy of which is herewith inclosed.

By the report of time Board of Survey which inquired into the value of the property destroyed at Camp Douglas it is shown that the loss amounts to $7,652.70. Of this amount it is stated in the report of Colonel Cameron that the troops as a body are responsible for $2,169.65. For the balance no known person is responsible. The proceedings of the court of inquiry which investigated the circumstances of the destruction of this property are not furnished.

I would respectfully recommend that the troops who were at the camp when the property was destroyed be required to reimburse the loss to the Government. The following troops were at the camp at the time, viz: One hundred and eleventh New York, Colonel Segoine, aggregate 829; One hundred and twenty-fifth New York, Colonel Willard, aggregate 803; One hundred and twenty-sixth New York, Lieutenant-Colonel Bull, aggregate 787; Company A, Fifth New York Artillery, Captain Graham, aggregate 94; Company F, Fifth New York Artillery, Captain McGrath, aggregate 121; Thirty-second Ohio, Lieutenant-Colonel Swinney, aggregate 576; Sixtieth Ohio, Lieutenant-Colonel Hixon, aggregate 861, since mustered out of service-First Indiana Battery, Captain Rigby, aggregate 50; Fifteenth Indiana Battery, Captain Von Sehlen, aggregate 94; Company M, Second Illinois Artillery, Captain Phillips, aggregate 83; detachment Eighth New York Cavalry, aggregate 79; detachment Twelfth Illinois Cavalry, aggregate 97, and detachment First Maryland Cavalry, aggregate 31. Of these Colonel Cameron states that the Thirty-second and Sixtieth {p.215} Ohio, First Indiana Battery and Eighth New York Cavalry took the most active part. I have given the numbers present.

By the report of the Board of Survey which inquired into the leaving of the property at Camp Tyler it appears that the value of the property destroyed cost the Government $7,937.84. For this it appears by the report of Colonel Cameron that the One hundred and fifteenth New York, Colonel Sammon, aggregate 849, is mainly responsible, and I respectfully recommend that they should be required to refund this amount.

No report is made by Colonel Cameron of the tools and quartermaster’s stores destroyed.

I am, very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

* See Hoffman to Cameron, p. 110.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, January 26, 1863.

Lieut. Col. W. H. LUDLOW, Agent for Exchange of Prisoners, Fort Monroe, Va.

COLONEL: I inclose herewith a letter* addressed to General Hitchcock requesting that inquiries may be made for Maj. E. F. Blake, Fifth Connecticut Volunteers, and the general wishes me to ask of you the favor to learn if possible through Mr. Ould whether he has ever been in their hands and what has been his fate. The general desires that you will return this letter to him with an indorsement which will show to the friends of Major Blake what has been done to get trace of him. I have frequent applications of this kind and have intended asking you to furnish me with a list of such officers or soldiers as may now be in their hospitals. Among the many sick and wounded who have fallen into their hands there may be still a number living who have not been well enough to be delivered for exchange. When paroled prisoners are delivered at Annapolis it will be only necessary for their commander to notify Colonel Sangster, the commander at Camp Parole, of their arrival, and he will send an officer and guard to receive them. I am preparing rolls of citizens held by us who may be offered for exchange and hope to send them down to-morrow. You can select from the rolls or you may permit Mr. Ould to select such persons as are acceptable and they will be immediately forwarded to you, or if Mr. Ould prefers it those in the West can be delivered there.

Very respectfully, your obedient servant,

HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

* Not found.

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WASHINGTON, January 26, 1863.

Lieut. Col. W. H. LUDLOW, Agent for Exchange of Prisoners:

Can medicine be sent to our citizen prisoners at Richmond? When will sutlers and their employés be released? Rebel prisoners of war are ordered from Tennessee to City Point for exchange.

W. HOFFMAN, Commissary-General of Prisoners.

{p.216}

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FORT MONROE, January 26, 1863.

Col. J. C. KELTON, Assistant Adjutant-General, Washington.

Shall I not retain here for the present Asst. Surg. J. C. Green, Confederate prisoner, as hostage for Surgeon Rucker, threatened with death by the authorities of Virginia? Rucker’s case is the one referred to the General-in-Chief by the President on the 20th instant.

W. H. LUDLOW, Lieutenant-Colonel, &c.

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GENERAL ORDERS, No. 10.}

HDQRS. DEPT. OF THE TENNESSEE, Memphis, Tenn., January 26, 1863.

I. It being a violation of the provisions of the Dix-Hill cartel to parole prisoners at any other points than those designated in said cartel except by agreement between the generals commanding the opposing forces no paroles hereafter given to Federal soldiers in violation of such provisions of said cartel will be respected.

II. Officers or soldiers who by straggling from their commands are captured and paroled will at once be arrested and brought to trial before a court-martial.

III. Guerrillas or Southern soldiers caught in the uniforms of Federal soldiers will not be treated as organized bodies of the enemy but will be closely confined and held for the action of the War Department. Those caught within the lines of the Federal Army in such uniforms or in citizen’s dress will be treated as spies.

IV. Officers, soldiers and citizens are prohibited from purchasing horses, mules or military clothing from any one connected with the Army without special authority. In order that improper and dishonest appropriation of captured property may be prevented commanding officers will exercise vigilance in enforcing this order and report every violation of it, to the end that offenders may be summarily punished.

V. Steam-boats are prohibited from carrying stock of any description North without permits granted by division or army corps commanders or the provost-marshal-general, and violations of this restriction will be punished at the discretion of a military commission.

By order of Maj. Gen. U. S. Grant:

JOHN A. RAWLINS, Assistant Adjutant-General.

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DEPARTMENT OF STATE, Washington, January 27, 1863.

Hon. E. M. STANTON, Secretary of War.

SIR: The attention of this Department has unofficially been invited by the British pro-consul at Philadelphia to the condition of the cells in which prisoners are confined in Fort Delaware. The occasion of his communication to which I have had access was a visit to the fort which he made in connection with two of his countrymen who are there confined as deserters or enlisted men.

The granite walls of the dungeons are represented to be wet with moisture, the stone floor damp and cold, the air impure and deathly, no bed or couches to lie upon and offensive vermin crawling in every direction. It is also represented that the prisoners are allowed no water with which to wash themselves or change of clothing and are on every side surrounded by filth and vermin.

{p.217}

Although I have no doubt that these representations are exaggerated I have taken the liberty to make them known to you.

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

WILLIAM H. SEWARD.

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HEADQUARTERS OF THE ARMY, Washington, D. C., January 27, 1863.

Lieutenant-Colonel LUDLOW, Fort Monroe:

The Secretary of War directs that you retain Surg. J. C. Green as a hostage for Surgeon Rucker.

Confederate officers will not for time present be exchanged for specific equivalents.

H. W. HALLECK, General-in-Chief.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., January 27, 1863.

Hon. E. M. STANTON, Secretary of War, Washington, D. C.

SIR: I have the honor to submit herewith a report* made pursuant to your instructions of time 8th ultimo by General H. G. Wright, commanding Department of the Ohio, accompanied by a list of citizens of the State of Kentucky who have been and are now confined in the military prisons and camps of the United States outside of the hue of said State, with a statement of the charges against them, by whom made and by whose order the arrests were made. This report was made to furnish the information called for by a resolution of the Senate adopted on the 5th of December, 1862. To simplify the list I have caused the names of all not noted as released to be entered in separate lists for the two prisons. Some of them have been released since the date of General Wright’s letter, and they are so noted. I have also had prepared and submit herewith lists of citizens of Kentucky held at Camp Chase, Sandusky and Alton whose names do not appear on the list of General Wright, he having no control over the Alton Prison and the arrests at the other prisons having been made since the date of his report. I have the honor to inclose herewith a copy** of the Senate’s resolution calling for the report.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

* See p. 177 for Wright to Stanton inclosing reports of General Boyle and Colonel Dent.

** Omitted here; see p. 27.

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ADJUTANT-GENERAL’S OFFICE, Washington, D. C., January 27, 1863.

Col. WILLIAM HOFFMAN, U. S. Army, Commissary-General of Prisoners, Washington, D. C.

SIR: Please inform this office if within your knowledge whether charges have been preferred against Capt. R. W. Baylor, Twelfth Virginia {p.218} Cavalry, for violation of a flag of truce near Harper’s Ferry, Va., about the 6th of February, 1862, and if this officer is in confinement at Fort Delaware.

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

E. D. TOWNSEND, Assistant Adjutant-General.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., January 27, 1863.

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

COLONEL: There is nothing on the records of this office in relation to Capt. R. W. Baylor, of the Twelfth Virginia Cavalry. My impression is that I received an application a short time since for the exchange of a rebel officer of that name who was a prisoner at Fort Delaware, but I have no roll on which the name appears. I will telegraph there and inquire for him.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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WASHINGTON, January 27, 1863.

Major-General CURTIS:

Please have a list of captured rebel officers furnished to this office giving rank, regiment and company and where captured.

W. HOFFMAN, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, January 27, 1863.

Lieut. Col. W. E. DOSTER, Provost-Marshal, Washington.

COLONEL: Efforts are being made to effect the exchange of as many civilians now held as prisoners at Richmond as possible, and to further this object I have to request you will furnish mime with the names of all citizens from the Southern States who are held in this city as prisoners and who are subjects for exchange.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, January 27, 1863.

Lieut. Col. W. H. LUDLOW, Agent for Exchange of Prisoners, Fort Monroe, Va.

COLONEL: Please find inclosed herewith four lists* of rebel prisoners captured and paroled in Kentucky, Tennessee and Mississippi; also a number of applications* for the exchange of loyal citizens held as prisoners in Richmond; application* for the exchange of disloyal prisoners held by us and the recommendation of Judge Galloway for the exchange of eight political prisoners held at Camp Chase. There is a Mr. William {p.219} H. Child, of Alabama, who wishes to be exchanged that he may go home, and being a very gentlemanly man I think you may make a good exchange for him. He is in this city, recently released from Fort Lafayette. The Mr. Price now on parole in Baltimore who applies for an exchange might be exchanged for a Doctor Thatcher, of Greenbrier, Va., who I am told is held at Richmond. I inclose two lists* of prisoners in confinement in Richmond given to me by persons recently released. They may be of service to you in making up the exchanges. We hold at Fort Lafayette I believe Zarvona alias Mr. Thomas, who attempted to capture a steamboat at Baltimore, who I understand is a man of note with the rebels, and that they hold seven officers in close confinement as hostages for him. I don’t know whether this man is for exchange but I will inquire and let you know. Is it true that they are in our debt over 150 prisoners who should have been released from Salisbury? I hear that at Mr. Wood said so, and he I believe represents that they would give the seven officers and the prisoners at Salisbury for Zarvona. I have no faith in this story. I mention it to get at the truth. I send you some rolls* of Kentucky prisoners at Sandusky and Camp Chase that you may ascertain if they can be exchanged for our people who are held at Richmond; those marked under sentence could not be exchanged. We have other prisoners of the same class from all the border States, and if you can negotiate an exchange it will be a great blessing to those who are suffering in their horrible prisons. I will send you full rolls if you think exchanges can be made and the prisoners selected can be sent down immediately. I have called on the provost-marshal in this city for a list of the prisoners at the Old Capitol and will forward it to you as soon as it is received.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

* Omitted.

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FORT MONROE, VA., January 27, 1863.

Maj. Gen. H. W. HALLECK, General-in-Chief:

A Richmond paper of this morning gives the information that Jeff. Davis’ retaliatory proclamation is strongly opposed in the Confederate Congress. W. L. Yancey has made a speech against it.

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

(Copy to Hon. Edwin M. Stanton, Secretary of War.)

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GENERAL HOSPITAL No. 17, Nashville, Tenn., January 27, 1863.

Maj. Gen. W. S. ROSECRANS, Commanding Department of the Cumberland.

SIR: I have the honor to report that on January 13, 1863, as surgeon in charge, I started with 212 wounded and sick soldiers of the U. S. Army on the steamer Hastings on the Cumberland River bound for Louisville, Ky. At Harpeth Shoals on that same day the boat was captured by the Confederate forces after being fired upon by artillery and musketry, the hospital flag flying. The lists of about 212 soldiers and officers from General Hospitals No. 8, No. 15 and No. 6, Nashville, Tenn., were taken and the boat and men permitted to proceed only on {p.220} condition that I certified to the lists as captured and paroled. They dictated and I appended the following certificate to each of the hospital lists, no copy of which was left me:

ON CUMBERLAND RIVER, Near Ashland, January 13, 1863.

I certify that the above lists of sick and wounded U. S. soldiers on board the steamer Hastings were captured by the Confederate forces (or forces of the Confederate States) on January 13, 1863, on the Cumberland River, and duly paroled by E. S. Burford, assistant adjutant-general of General Wheeler’s Cavalry Corps.

L. D. WATERMAN, Surgeon Thirty-ninth Indiana Volunteers, in Charge of Sick and Wounded.

There were also eight or nine wounded officers of the U. S. Army on board whose names were taken and who were sworn not to take up arms, &c., but who being passengers and not under my charge and immediately mingled with 500 others from other steam-boats I am unable to name. The Confederate officers being intoxicated and getting rapidly more so took the lists names and plunder and hurried off in spite of my protest and demands for copies, only giving me in return the following statement the original of which I have:

HEADQUARTERS CAVALRY, On Board the Hastings, on the Cumberland River, Tenn., January 13, 1863.

The steamer Hastings having been captured by the Confederate forces on the 13th of January, 1863, and having 212 U. S. soldiers, wounded in the late battles before Murfreesborough, do swear that they will not aid or abet or in anywise do anything prejudicial to the interests of the Confederate States until they are duly exchanged according to the cartel.

Witness:

E. S. BURFORD, Assistant Adjutant-General, General Wheeler’s Cavalry Corps.

These wounded officers and soldiers were mingled with others unavoidably and scattered to different hospitals, with no evidence, some of them without an understanding of the transaction. Such are very briefly the essential facts concerning this capture and attempt at parole the report of which has been somewhat delayed by sickness.

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

L. D. WATERMAN, Surgeon Thirty-ninth Indiana Volunteers, In Charge General Hospital No. 17, Nashville, Tenn.

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WAR DEPARTMENT, Washington, January 28, 1863.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: I have the honor to acknowledge the receipt of your letter of the 27th instant and to inform you in reply that orders have been issued for an immediate and thorough inspection into the condition of the prisoners confined at Fort Delaware.

Very respectfully, your obedient servant,

EDWIN M. STANTON, Secretary of War.

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WAR DEPARTMENT, Washington, January 28, 1863.

Maj. Gen. R. C. SCHENCK, Commanding at Baltimore, Md.

GENERAL: I inclose herewith a copy of a letter* of the 27th instant from the Department of State calling attention to certain representations made by the British pro-consul at Philadelphia in regard to the condition of the prisoners at Fort Delaware and of the cells in which {p.221} they are confined. Please detail a competent officer to make an immediate and thorough inspection of the quarters assigned to the prisoners, and also to inquire as to the alleged neglect of their health and comfort. When his report is received be good enough to transmit it to this Department for such action as the case may seem to require.

Very respectfully, your obedient servant,

EDWIN M. STANTON, Secretary of War.

* See Seward to Stanton, January 27, p. 216.

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SPRINGFIELD, ILL., January 28, 1863.

Honorable SECRETARY OF WAR:

The following dispatch was just received:

PARIS, EDGAR COUNTY, January 38, 1863.

Adjutant-General FULLER:

By proper authority I arrested a deserter from my company and mob rescued him. What shall I do? Answer immediately.

SIMPKINS, Lieutenant Company E, Sixty-sixth Illinois Volunteers.

One or two similar instances have occurred in other counties. What shall I do? I learn that 2,500 prisoners are being sent here. If so, you will have to send force to guard them. We cannot.

RICHARD YATES, Governor.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., January 28, 1863.

CLERK OF THE SENATE OF THE UNITED STATES, Washington

SIR: I have the honor to request that you will furnish me with a copy of the resolution adopted by the Senate on the 5th of December, 1862, calling on the President for information in relation to citizens of Kentucky who have been arrested and confined outside the limits of said State. The copy is required to accompany a report which is to be submitted to the Secretary of War.

I am, very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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FORT MONROE, January 28, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners:

What orders if any have been given for the delivery to Confederate authorities of the non-commissioned officers and privates captured at Arkansas Post?

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

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FORT MONROE, January 28, 1863.

Major-General HITCHCOCK, Commissioner for Exchange of Prisoners:

I intend to go to City Point to-morrow to meet Mr. Ould and would much like to have the list of our citizen prisoners which W. P. Wood made. Can they be sent by mail this afternoon?

WM. H. LUDLOW, Lieutenant-Colonel and Agent.

{p.222}

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FORT MONROE, January 28, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners:

Our prisoners can receive medical and other supplies. Send them to me. I expect all the sutlers and employés to be delivered next week. Where are the Arkansas Post prisoners? Jefferson Davis’ retaliatory proposition is strongly opposed in Confederate Congress and I now think will not be carried out.

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

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WASHINGTON, January 28, 1863.

Lieut. Col. W. H. LUDLOW:

I will mail the rolls to-day. Post of Arkansas prisoners are held at Western camps till they can be sent to Vicksburg. Please exchange Brig. Gen. August Willich, captured at Murfreesborough December 31.

W. HOFFMAN, Commissary-General of Prisoners.

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HEADQUARTERS, Fort Monroe, January 28, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: I have just received the inclosed communications from Capt. William Gramm and others. They are addressed to the Secretary of War and if it be necessary you can hand them to him. The subject-matter has been brought to the attention of the President by Governor Letcher, and I understand that he has directed his private secretary to examine into and report the facts. Will you please furnish me with the facts? I must have them to act understandingly upon and would be glad to receive them as soon as possible. If the Confederate officers are at hard labor as alleged what is the offense?

I am, very respectfully, your obedient servant,

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

[Inclosure No. 1.]

PENITENTIARY, Richmond, Va., January 4, 1863.

Hon. EDWIN M. STANTON, Secretary of War, Washington, D. C.

SIR: I have the honor of addressing this communication from out of the penitentiary to you for the purpose of giving you information that myself and Lieut. Isaac A. Wade, both of time Eighth Regiment West Virginia Volunteer Infantry, U. S. Army, are held here in close confinement at hard labor by order of Governor Letcher, of Virginia, as hostages for Capt. Daniel Dusky and Lieut. Jacob Varner, both commissioned by him and reported to be held in close confinement at hard labor in the penitentiary at Washington, D. C. We were taken prisoners of war by Major-General Floyd’s command on the 25th day of November while on a reconnoitering expedition into Logan County, W. Va., ordered by Major-General Cox, commanding the District of Kanawha. My command consisted of 70 men and 3 commissioned officers, of which 11 enlisted men, Lieut. Wade and myself were captured. {p.223} The regiment at the time was stationed at Coalsmouth, Kanawha River, a distance of over fifty miles from the place of our capture. Permit me, Mr. Secretary, to beg of you to order our exchange if possible as soon as practicable, so that we may be released at an early day and enjoy the liberties of freedom once more and have our innocent sufferings ended.

Hoping that you may grant our most earnest request as soon as possible. I remain, Mr. Secretary,

Very respectfully, your most obedient servant,

WM. GRAMM, Capt. Co. B Eighth Regt. W. Va. Volunteer Infantry, U. S. Army.

[Inclosure No. 2.]

PENITENTIARY, Richmond, Va., January 5, 1863.

Mr. STANTON, Secretary of War.

SIR: We are prisoners of war held by the State of Virginia and we are confined in the State Penitentiary as a means of retaliation for the confinement of one Colonel Zarvona* and others held by the Government of the United States. Said Zarvona bears a commission from the State of Virginia and is said to be in confinement in some of our Northern prisons. We were taken prisoners in Floyd County, Ky., by Maj. Gen. John B. Floyd, commanding State troops. We were handed over to Governor Letcher, who issued an order confining us to solitary confinement in the State Penitentiary until we were exchanged for Colonel Zarvona and others. We therefore beseech you to effect an exchange for us as soon as possible. A copy of the Governor’s order has been forwarded to you already.

Very sincerely, yours,

DAVID V. AUXIER. ISAAC GOBLE. JOHN W. HOWE.

The first two of the above-named are soldiers of the Thirty-ninth Regiment Kentucky Volunteers. The last is a citizen of Johnson County, Ky.

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

[Inclosure No. 3.]

IN THE CELLS OF THE PENITENTIARY, Richmond, Va., January 6, 1863.

Secretary STANTON:

We, the undersigned prisoners, and a number of others who are held here for delivery of Col. Thomas Zarvona, have no other redress only through you and our Government for release of that officer. Once he is released they will release us prisoners, all which is most desirable. Nothing more at present.

We remain, your obedient servants,

WILLIAM S. DILS. SAMUEL PACK.

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SAINT LOUIS, January 28, 1863.

Major-General CURTIS, Commanding Department of the Missouri.

GENERAL: There are among those confined at the Gratiot Street Military Prison 200 prisoners sent up from below under charge of Colonel Hawkins. These are part of the captured at Murfreesborough; {p.224} some of them conscripts, and all have expressed their wish on being questioned thereto to take time oath of allegiance and be discharged. In view of your memorandum instructions of January 26 I desire your orders in regard to the disposition I shall make of them. These prisoners expressed their desire to Colonel Hawkins while under his charge to be released on oath and therefore he landed them here and delivered them into my charge. Afterwards being each questioned by my orders all stated that they did not wish to be exchanged, but preferred to take the oath. I recommend that they be released on the terms they request. The Gratiot Street Prison is very much crowded and I desire to ease it as soon as possible in this way. There are also prisoners of war for exchange to the number of about 130-sent from Springfield and elsewhere-in Gratiot Street Prison. What disposition shall I make of them; forward them to Camp Douglas? What disposition is to be made of the Arkansas Post prisoners remaining on the J. J. Roe? The Nebraska and Gaty have gone to Alton.

Very respectfully, your obedient servant,

F. A. DICK, Lieutenant-Colonel and Provost-Marshal-General.

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PROVOST-MARSHAL’S OFFICE, New Orleans, La., January 28, 1863.

COMMANDING OFFICER OF CONFEDERATE FORCES, Port Hudson, La.

SIR: I am directed by the commanding general to inform you that there are in this department 376 Confederate prisoners of war enrolled for exchange. All the requisite arrangements upon the part of the United States having been complied with it remains for you to designate the time when you will deliver the like number of Federal prisoners of war in exchange at the place agreed upon in the cartel between the United States and the Confederate Government.

If possible please give this your immediate attention and return answer by the bearer.

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

C. W. KILLBORN, Captain and Provost-Marshal of New Orleans, La.

[Indorsement.]

HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, January 30, 1863.

Respectfully referred to Maj. Gen. C. C. Augur, commanding, &c., who will please send a communication of the same purport as the within to the commanding officer of the Confederate forces at Port Hudson over his own signature.

By command of Major-General Banks:

RICHARD B. IRWIN, Lieutenant-Colonel and Assistant Adjutant-General.

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HEADQUARTERS DEPARTMENT OF NORTH CAROLINA, New Berne, January 29, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: In reply to your communication of the 15th instant to General Foster I beg to state that I am informed that the circumstances {p.225} were as follows, viz: At the time of the capture of the prisoners mentioned no blank rolls for prisoners had ever been received in this department and consequently the exact form in which these rolls were to be made out was not known here and further that these prisoners were paroled on the battle-field and the paroles are in consequence probably not as perfect as they should be. It was impossible to carry the prisoners with the army on the forced marches, not only on account of the guard required but also on account of the limited supply of commissary stores with which the army was furnished. Inclosed I have the honor to forward the paroles* taken from the prisoners. Most of the prisoners you will observe were captured at or near Kinston, N. C., during the fight there December 14. These men agreed, in addition to the parole signed by them, not to leave the town of Kinston for forty-eight hours after the departure of the U. S. forces from that place. All the others with the exception of those whose parole is dated at New Berne were captured between New Berne and Kinston and sent to New Berne under guard and thence sent by flag of truce December 25, 1862, to the enemy’s line. This statement will account for our not having a receipt from a Confederate officer for the prisoners. As it may aid in effecting an exchange I would also state that an exact copy of the list sent to General Hitchcock was forwarded by flag of truce to Maj. Gen. S. G. French, C. S. Army, commanding Department of North Carolina. I also inclose* a list of three Confederate officers now confined at this post.

Hoping that these paroles and this explanation will do away with the difficulties in the way of an exchange,

I am, very respectfully, your obedient servant,

H. W. WESSELLS, Brigadier-General of Volunteers, Commanding.

* Not found.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., January 29, 1863.

Hon. J. K. MOORHEAD, Member of Congress, Washington.

SIR: In reply to your letter of the 25th instant inclosing complaints from paroled soldiers at Camp Parole I have the honor to inform you that those complaints are without any real foundation. The rations have been reduced by my order with the approval of the Secretary of War because the allowance was much greater than was at all necessary, and the surplus is converted into a fund through the Subsistence Department which is disbursed under my orders for the benefit of the camp. As one step toward preserving discipline two roll-calls are required a day, and to punish those who neglect to attend the commanding officer stops their rations almost the only means of punishment in his power. Arrangements are being made for their payment. It may already have been done. There is no interference with their correspondence.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third infantry, Commissary-General of Prisoners.

{p.226}

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., January 29, 1863.

Lieut. Col. F. A. DICK, Provost-Marshal-General, Saint Louis, Mo.

COLONEL: I have the honor to acknowledge the receipt of your letters of 20th and 21st instant.* I was not aware that there was necessarily so much delay in investigating the cases of prisoners sent to Alton, and to guard against the possibility of the release of those whose cases have not been acted on I will give instructions to the commanding officer of the prison to release none such without first calling my attention to their position. But that he may act advisedly in such cases it will be necessary that you should furnish him with full rolls with charges for his guidance. On the application of Colonel Lowe, commanding Fort Henry, you will send him Alexander Holsapple, of Calloway County, Ky., a prisoner in your charge, to be by him discharged. Orders have been issued for the release of John H. Dameron. I cannot authorize the release of Thomas Maxwell (or Maxfield) without a report in his case. I have the case of Enoch Harding, a prisoner at Johnson’s Island, under consideration.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

* Letter of the 21st not found.

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SAINT LOUIS, January 29, 1863.

Col. R. J. EBERMAN, Assistant Provost-Marshal, Macon County, Mo.

COLONEL: In answer to your letter of inquiry of January 22 I have to reply that all persons returning from the rebel service are at once to be arrested and placed in custody. If they desire to be released on oath and bond you may investigate their cases and upon being satisfied that their return is honest and that they (really tired of the rebel service) desire to become loyal citizens you are authorized to release them on oath of allegiance and approved bond with two sureties in a sum not less than $1,000. None are to be released who have previously taken and broken the oath, but are to be forwarded to Saint Louis with all the evidence against them. You will have to exercise much care and discretion in preventing the return of recruiting officers, spies and those who may desire to make trouble in future raids.

Very respectfully, your obedient servant,

F. A. DICK, Lieutenant-Colonel and Provost-Marshal-General.

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Resolution adopted by the House of Representatives January 30, 1863.

Resolved, That the General-in-Chief of the Army be directed to inform the House of Representatives whether any rebel officers captured by the Army of the United States have been granted parole since the proclamation of Jefferson Davis refusing to parole or exchange captured officers of Union regiments.

{p.227}

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ADJUTANT-GENERAL’S OFFICE, Washington, January 30, 1863.

Brig. Gen. M. R. PATRICK, Provost-Marshal-General, Army of the Potomac:

A dispatch is just received from commanding officer Fort Delaware reporting Capt. Robert W. Baylor confined there charged with murder of one of our men while bearing a flag of truce.

L. THOMAS, Adjutant-General.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., January 30, 1863.

Maj. Gen. H. G. WRIGHT, Commanding Department of the Ohio, Cincinnati, Ohio.

GENERAL: In reply to your reference of the letter of Lieut. Col. D. B. Wright, of the Confederate Army, to this office I have the honor to say that the order directing that rebel officers shall not be paroled does not apply to cases where the officers have already been exchanged as appears to be the position of Colonel Wright. The battle of Perryville took place on the 7th of October and all officers captured then or previous to the 10th December, 1862, are declared by General Orders, No. 10, to be exchanged, and all such should be sent through our lines by the nearest suitable route. The cartel does not require that prisoners shall be paroled within ten days but that they “shall be sent with all reasonable dispatch” to the two points designated for exchange or parole.

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

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., January 30, 1863.

Lieut. Col. W. E. DOSTER, Provost-Marshal, Washington, D. C.

COLONEL: Can you give me any information in relation to Capt. Daniel Dusky and Lieut. Jacob Varner, commissioned officers belonging to the rebel army of Virginia, said to be held in confinement at hard labor in the penitentiary of this city? Officers of our army are held in the penitentiary at Richmond in retaliation for the confinement of the above-named men and I desire the information asked for that such steps may be taken as the case demands. Please reply at your earliest convenience.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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INDIANAPOLIS, IND., January 30, 1863.

Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

COLONEL: I have made a thorough inspection of Camp Morton to-day. I find it munch dilapidated and sadly in need of repairs. The buildings already there can be made to accommodate about 2,000 {p.228} wounded prisoners but the accommodations will be poor. A fatigue party is now at work policing the camp. I would respectfully recommend a more judicious arrangement of the barracks and that some of the temporary barracks at Camp Carrington be removed to within the inclosure. The camp may then be made to accommodate 4,000 prisoners. What disposition shall be made of the rebel surgeons who accompany the prisoners? Of the force stationed here there are only 224 men for guard duty. There is a regiment stationed here, the Seventy-first Indiana Volunteers (Colonel Biddle), which has 738 men. Of these 504 are paroled, having been recently captured in Kentucky. The number of secession sympathizers and anti-war and anti-administration politicians here renders it injudicious to keep many rebel prisoners at Camp Morton without an officer of firmness and experience in command. I leave for Cincinnati this evening.

Very respectfully, your obedient servant,

H. W. FREEDLEY, Captain, Third Infantry.

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WAR DEPARTMENT, Washington, January 31, 1863.

Major-General GRANT, Memphis:

The commissary-general of prisoners has referred to me a list of exchanges effected by General Dodge on the 19th of December. General Dodge was not authorized by the cartel to make exchanges and such assumption of authority necessarily leads to difficulty and trouble.

H. W. HALLECK, General-in-Chief

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WASHINGTON CITY, D. C., January 31, 1863.

Hon. EDWIN M. STANTON, Secretary of War.

SIR: In the case of the Rev, M. P. Gaddis, chaplain of the Second Ohio Regiment, I have the honor to report that the circumstances appear to be these as gathered from the papers submitted:

The steamer Hastings on the 13th instant was passing down the Cumberland River from Nashville bound to Louisville having on board 212 wounded soldiers of the U. S. Army, and at a point some thirty-five miles from Nashville fell into the hands of an armed force acting under Confederate authority, whose commander observing that she was a sanitary vessel gave her permission to pass “without molestation,” but on discovering soon after some cotton bales on board of the vessel on which some of the wounded men were lying he gave orders to remove and burn it. Chaplain Gaddis, who was on board, appears to have assumed command of the vessel, and by his interposition representing the danger to the wounded if disturbed he obtained permission to proceed with the vessel and with the cotton upon a promise made by him, not as chaplain but in his individual capacity, to burn the cotton “on the wharf” at Louisville or return within twenty days and deliver himself up to the Confederate authorities as a prisoner of war.

On arriving at Louisville and reporting the circumstances General Boyle ordered, January 19, that the cotton should not be burned and that Chaplain Gaddis should not return to time Confederate authorities. This order was approved by General Wright, commanding Department of the Ohio, by an order dated at Cincinnati, January 21, but subsequently, {p.229} January 24, on an appeal from Chaplain Gaddis General Wright expresses some doubt as to the propriety of the order given by General Boyle and refers the subject for the disposal of the War Department.

Being required to report in this case I have the honor to observe that there can be no doubt as to the humane purpose of Chaplain Gaddis, but there is as little doubt that he had no authority to pledge himself to burn the cotton “on the wharf” at Louisville; a pledge the invalidity of which must have been known to the Confederate commander who might with as much propriety have required from Chaplain Gaddis a pledge to fire the city of Louisville as a condition for allowing the Hastings to pass. Under such circumstances it might be assumed that the Confederate commander had no expectation of a compliance with such a pledge and only accepted it as a matter of form under cover of which to allow the wounded men to proceed undisturbed. I suppose the pledge is a nullity on the face of it. The alternative condition by which Chaplain Gaddis promised to return as a prisoner of war presents a case for himself to decide upon, and his determination in view of it ought not to be interfered with by external authority. In the event of his deciding to return with the evidence clearly in his power to furnish of his own personal good faith in the matter the Confederate authorities would be answerable to humanity and to civilized history that his treatment should not disgrace the usages of modern warfare.

The further action of the War Department it would seem must depend upon the decision of Chaplain Gaddis.

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

E. A. HITCHCOCK, Major-General of Vols., Commissioner for Exchange of Prisoners.

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WASHINGTON, D. C., January 31, 1863.

WM. P. WOOD, Superintendent Old Capitol Prison.

SIR: Inclosed you will find a copy of the memorandum for Colonel Ludlow from Mr. Ould, dated City Point, Va., January 8, 1863.

If you desire to make any answer to this statement from Mr. Ould I will forward it through Colonel Ludlow if it is such as he can present with propriety.

I desire you to furnish me a report of your proceedings in your communications with Mr. Baxter or other Confederate authorities, especially any pledge you may have from any one assuming to act by that authority tending to the release or exchange of any citizen of the United States held as prisoner by that authority.

Respectfully, your obedient servant,

E. A. HITCHCOCK, Major-General of Vols., Commissioner for Exchange of Prisoners.

[Inclosure.]

CITY POINT, VA., January 8, 1863.

MEMORANDUM FOR COLONEL LUDLOW.

When Mr. Wood reached Varina with the prisoners under his charge I informed him distinctly and repeatedly that no equivalent of any kind would be given for non-combatants arrested on Confederate soil. I did not offer to exchange any person of whatever condition or nationality for such. I did say that if any citizen of the {p.230} Confederate States was arrested outside the limits of those States in such a case it might be a fair subject of negotiation. Mr. Wood did not say to me that he would not negotiate at any other place than Richmond. So far from it he tried repeatedly to negotiate with me at Varina. He only asked as a preliminary for their delivery that I would agree to consider his prisoners as subjects of exchange. If Mr. Wood had made any such declaration as he avers he did make he never would have gone to Richmond, and he having now made such a declaration he never will be allowed to go there.

Mr. Wood entreated me again and again for permission to go to Richmond. At first I refused and remarked to him jestingly that he would not be safe there. I did not, however, even in jest put it on the score of his “violent Unionism.” I knew many of the gentlemen on Mr. Wood’s boat, some of them very intimately. They besought me to permit them to be delivered and expressed their horror of being retained. At this stage after I had repeatedly refused to allow Mr. Wood to go to Richmond he came to me and said he was willing to go to Richmond under arrest. I reluctantly consented and accordingly during the following night he was put under a guard and sent to the provost-marshal of Richmond. It is utterly untrue that the issue between Mr. Wood and myself was that he should proceed to Richmond or return with the prisoners. The matter of going to Richmond was an afterthought with Mr. Wood. Mr. Wood’s first application was to have the prisoners recognized as subjects of exchange. If I had agreed to that there would have been no proposition to go to Richmond. Mr. Baxter was not appointed to treat with Mr. Wood. Mr. Baxter for more than a year before that time had been engaged in reporting upon the eases of parties confined in prison. Mr. Baxter was not a commissioner for determining the exchange of any kind of prisoners and our Government did not in any way so consider Mr. Wood. Mr. Baxter simply reported cases to the War Department and so far as I have ever heard was never authorized to make stipulations and regulations concerning such or any other matters.

RO. OULD.

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HEADQUARTERS, Camp Douglas, Chicago, Ill., January 31, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

SIR: A number of prisoners now in this camp have called upon me, others have written to me, for information as to the probability of their being permitted to take the oath of allegiance. Some have even proposed to enter our service, as they were forced into the rebel. These are generally from Kentucky, Tennessee or Arkansas. Those from Arkansas especially being generally poor men make strong Union professions. Those from Texas and Mississippi are very hostile and do not wish any terms except to fight it out.

Very respectfully, your most obedient servant,

J. AMMEN, Brigadier-General of Volunteers, Commanding.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., January 31, 1863.

W. B. SMITH, Machias, Me.

SIR: In reply to your letter of the 20th instant addressed to the Secretary of War I have to inform you that the eighth section of General {p.231} Orders, No. 10, issued from the War Department on the 10th January, 1863, applies only to persons taken in arms. Sailors captured on merchant vessels and paroled must be exchanged for persons of a similar class taken from the enemy’s vessels or for other civilians.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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HEADQUARTERS DEPARTMENT OF THE CUMBERLAND, Murfreesborough, January 31, 1863.

Surg. L. D. WATERMAN, 39th. Indiana Vols., Hospital No. 17, Nashville, Tenn.

SIR: The general commanding directs me to acknowledge the receipt of your report of the capture of the steamer Hastings by the Confederates while conveying sick and wounded under your charge to Louisville. He directs me to say that no prisoner can be considered as properly paroled except those delivered in accordance with the terms of the cartel published in General Orders, No. 142, War Department, series 1862. The men under your charge will not therefore be considered as paroled.

Very respectfully, your obedient servant,

C. GODDARD, Assistant Adjutant-General and Chief of Staff.

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HEADQUARTERS DISTRICT OF CORINTH, Corinth, Miss., February 1, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners, Washington, D. C.:

I herewith forward roll* of prisoners taken from this command in accordance with the instructions of your communication of January 22, 1863. I give all particulars so far as I have them. The enemy are in the habit of paroling men and sending them North without living up to the Dix-Hill cartel, and we have no mode of preventing it. The men accept the parole and make for home.

I am, very respectfully, your obedient servant,

G. M. DODGE, Brigadier-General.

* Omitted.

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HEADQUARTERS CAMP OF INSTRUCTION, Benton Barracks, Mo., February 1, 1863.

Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

SIR: Herewith I have the honor to transmit you a roll* of the paroled men at this post for the month of January, 1863, as required by your instructions, containing 75 commissioned officers present, 16 commissioned officers absent, 818 enlisted men present, 971 enlisted men absent, 1,880 aggregate.

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

B. L. E. BONNEVILLE, Colonel, U. S. Army, Commanding.

{p.232}

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HEADQUARTERS, Annapolis, Md., February 1, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

SIR: I have the honor to report that I have completed my arrangements at Annapolis for the receiving of paroled men from Richmond. The new Government barracks built at Annapolis able to accommodate 2,000 men has been put to the use of paroled men arriving from Richmond and every arrangement will be made for their comfort. Cooking stoves will be put up to-morrow when we can give them food at once and that properly cooked. This will satisfy the men better than anything else on their arrival. I can keep them there until I get every comfort for them provided and then remove them to camp. These barracks will be the finest feature in my command, and hereafter I will have things so arranged that there can be no complaint on the arrival of men. We never had a complaint after we got the men made comfortable. All our trouble has been on their arrival. Some of the poor fellows would drop down from want of food as well as from the effects of prison life long before they could reach my camp, but this will never occur again. The Government barracks have just been put up and they are boarded on the sides and have pitched roofs, good floors, with kitchens, officers’ quarters and all that is needed for comfort. Three or four of the buildings are not yet completed inside. These I will complete with an eye to the comfort and convenience of my paroled men. I hope, colonel, that these arrangements will be satisfactory to you, as I know it is to General Schenck by his granting my request thus to use the new barracks. I inclose you a copy of my order* to Col. Charles Gilpin, who will command the guard in Annapolis, as well as the guard at Camp Parole and along the line of railroad. Capt. F. J. Keffer, Seventy-first Pennsylvania Volunteers, and Lieut. J. E. Doughty, Second U. S. Sharpshooters, have been detailed in accordance with your request. A copy of the order I inclose. I have also received an order from the commander-in-chief ordering Captain Ames, brigade commissary, as commissary at my camp. A copy of the order I inclose. Major Given is still with me but I have received no order for his being detailed here. The major as well as myself is very anxious to know what is to be done with him.

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

GEO. SANGSTER, Lieutenant-Colonel, Commanding Paroled Prisoners.

* Not found.

[Inclosure No. 1.]

SPECIAL ORDERS, No. 29.}

HEADQUARTERS EIGHTH ARMY CORPS, Baltimore, Md., January 29, 1863.

...

7. By authority of the War Department Capt. F. J. Keffer, Seventy-first Regiment Pennsylvania Volunteers, and Second Lieut. James E. Doughty, Second Regiment U. S. Sharpshooters, exchanged prisoners of war, now at Parole Camp, near Annapolis, are hereby detailed for duty with the paroled prisoners, and will report in person to Lieut. Col. George Sangster, commanding Camp Parole, Annapolis, Md.

By command of Major-General Schenck:

WM. H. CHESEBROUGH, Assistant Adjutant-General.

{p.233}

[Inclosure No. 2.]

SPECIAL ORDERS, No. 46.}

HEADQUARTERS OF THE ARMY, Washington, January 28, 1863.

...

2. Capt. George L. Ames, brigade commissary of subsistence of volunteers, will proceed to Annapolis, Md., and report for duty to the commanding officer of Camp Parole at that place.

...

By command of Major-General Halleck:

L. THOMAS, Adjutant-General.

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HEADQUARTERS, Annapolis, Md., February 1, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

SIR: I have the honor to inclose you complete rolls* of 981 men which arrived here from Richmond on the 29th and 30th of January in charge of Captain Mulford, Third Regiment New York Volunteers. I had the pleasure of an interview with him on the 30th at which time he reported to me, I then being in command of Annapolis as well as Camp Parole. I found him to be a gentleman and ready to do anything for the comfort of our paroled men and the forwarding of business of this office. I gave him a blank to make out his rolls on so as to conform with your orders and save the loss of time in making the proper rolls for you, which will be done hereafter. He will be here again on Wednesday with more men. I do hope 1 will have clothing by that time to clothe the men which I have got and those who will be here on Wednesday. These men are the best I have ever received from Richmond and I attribute it to the fact that they are soldiers and not stragglers. They are satisfied to wait the will of the Government, believing we are doing the best we can for their comfort. But, oh! what a sad condition they are in. It would have made one’s heart sick to have seen them when they arrived here, but all they said was give us a loaf of bread; we will wait for anything else. I also had to provision the men on the transports to enable them to return. They being in the storm for three days used up all their rations.

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

GEO. SANGSTER, Lieutenant-Colonel, Commanding Paroled Prisoners.

* Omitted.

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INDIANAPOLIS, February 1, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners:

Have returned from Cincinnati. It is advisable to send wounded rebel prisoners to Camp Morton. Have telegraphed General Rosecrans to this effect.

H. W. FREEDLEY.

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HEADQUARTERS, Hilton Head, S. C., February 2, 1863.

Maj. Gen. H. W. HALLECK, General-in-Chief, Washington.

GENERAL: I have the honor to transmit herewith for your consideration certified copies of a correspondence had with General Mercer, {p.234} commanding rebel forces at Savannah, relative to the treatment of prisoners of war. The correspondence so fully explains itself that I feel comment to be unnecessary in submitting the matter to your judgment and awaiting your further orders.

I have much pleasure in reporting the safe arrival in this harbor of 10,000 re-enforcements under command of Major-General Foster. The troops are in excellent condition and spirits, having experienced pleasant weather and not having been overcrowded in the transports.

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

D. HUNTER, Major-General, Commanding.

[Inclosure No. 1.]

HEADQUARTERS DISTRICT OF GEORGIA, Savannah, January 21, 1863.

Maj. Gen. DAVID HUNTER, Commanding, &c., Hilton Head, S. C.

GENERAL: I beg leave respectfully to call your attention to the case of Mr. D. McDonald, of McIntosh County, in this State.

Mr. McDonald is a non-combatant and has never been in military service. He was taken from his own residence and made no resistance of any kind whatever. He was conveyed it is now understood to Hilton Head and is retained as a prisoner by you. I must request that you will take the case into consideration and trust that you will at once conclude to release Mr. McDonald so that he may return to his family, who are much in need of his attention.

I am, general, very respectfully, &c.,

H. W. MERCER, Brigadier-General, Commanding.

[Inclosure No. 2.]

HEADQUARTERS DEPARTMENT OF THE SOUTH, January 30, 1863.

General MERCER, Commanding, &c., District of Georgia.

GENERAL: I have the honor to acknowledge the receipt of your communication dated January 21, 1863, calling attention to the case of Mr. D. McDonald, of McIntosh County, Ga., claimed by you to be a noncombatant who has never been in military service, now held as a prisoner at this post, and asking that I take Mr. McDonald’s case into consideration and that he be released and returned to his family.

Without pausing to enter upon the merits of this particular case I would most respectfully inform you that by the same flag of truce which conveyed your letter I received notification that First Lieut. Virgil H. Cate, Company C, Seventh Regiment New Hampshire Volunteers, recently captured in the vicinity of Saint Augustine, Fla., is held as a prisoner in Charleston jail, General Beauregard having notified him that “being a commissioned officer he is not subject to exchange,” but that he 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 inciting negro slaves to insurrection.” This action is doubtless based on the declaration made in the recent message of Mr. Jefferson Davis that “hereafter unless Congress (meaning the Confederate Congress) think some other course more expedient” he will cause all commissioned officers of the {p.235} United States taken prisoners of war to be turned over for punishment as before recited to the authorities of the several States in which they may have been taken.

Under these circumstances and until this policy in violation of all the rules of war amongst civilized nations be distinctly and practically repudiated I announce to you that all commissioned officers of your service now prisoners, or hereafter to become so, in my hands will be kept in close confinement and held answerable with their lives for the safety of my officers who are prisoners, and that I will not discharge or entertain applications for discharging upon any pretext whatever any citizens or residents of Georgia, South Carolina or Florida now in my hands or who may hereafter be captured by coastwise expeditions and incursions. Regretting that a previous departure from the recognized rules of civilized warfare on the side of your authorities should compel this retaliatory declaration and the acts to follow it on my part,

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

D. HUNTER, Major-General, Commanding.

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HEADQUARTERS, Camp Douglas, Chicago, Ill., February 2, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

SIR: There are now about 3,900 prisoners in this camp. Many of them are sick and nearly all poorly clothed and without blankets. As the weather is cold there must be a good deal of suffering. A number profess to be conscripts forced into the service and request to be allowed to take the oath of allegiance. They say they do not wish to be exchanged as they are determined not to go into the rebel service again. I have no instructions and can find none in this office on these points.

Very respectfully, your most obedient servant,

J. AMMEN, Brigadier-General of Volunteers, Commanding.

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INDIANAPOLIS, IND., February 2, 1863.

A. LINCOLN, President:

Armed resistance to arrest of deserters was made yesterday. This is a practical issue where the military authority is clearly paramount. There must be more ample authority by law or otherwise while this Congress is in session. I shall send all but the soldiers arrested to the grand jury, U. S. court, this day. Prompt and decided action is required.

HENRY B. CARRINGTON, Colonel Eighteenth Infantry, Commandant.

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HEADQUARTERS, Annapolis, Md., February 2, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

SIR: I have the honor to report that there are now at the general hospital at Annapolis, Md., some 350 men who came in with the men from Richmond on the 29th and 30th of January. They are afflicted with a variety of diseases, but a great number with broken legs and {p.236} arms, others bruised badly internally and externally, caused by an accident on leaving Richmond. While crossing a bridge the bridge gave way and some thirty were drowned; the others in the condition as stated above. As soon as I get the facts gathered I will report the same to you.

I am, colonel, very respectfully, and obediently, yours,

GEO. SANGSTER, Lieutenant-Colonel, Commanding Paroled Prisoners.

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RICHMOND, February 2, 1863.

Lieutenant-Colonel LUDLOW, Agent of Exchange.

SIR: Your communications of the 31st have been received.

1. I will meet you at 1 p.m. on Tuesday, the 10th of February.

2. At the present hurried moment I cannot lay my hands on what you term my “proposition of the 19th instant for the release of citizen prisoners.” If it was that all citizen prisoners on both sides are to be released it meets my most hearty approbation. I will immediately take means to have all in our custody ready for delivery.

3. Sutlers, sutlers’ clerks and employés will be treated as heretofore.

4. When we meet we will talk over the case of the Robinsons.

5. As to the Fredericksburg officers I have already written you.

6. I will inquire into the case of Captain Harris and conform to the rules we have established.

7. There is much difficulty in the case of Doctor Rucker. He is charged with such crimes as you could never say were ordered to be perpetrated by your Government. He has not been tried at all. Do you mean to assert that if an officer or private commits an outrage not warranted by the usages of war or by his orders that he is not amenable to our laws if he is captured? Suppose he has committed a crime in direct violation of the orders of his Government. Is he then also to have our immunity? You have stated your proposition too broadly. With qualifications I have no disposition to contest it.

8. All the officers and men who have been declared exchanged will be delivered to you as speedily as possible.

9. I will make inquiries about Major Blake and George W. Bryant and let you know.

10. We have heard nothing as to the whereabouts of the officers and men captured on the Harriet Lane. I have not sufficient time to send the parties for whom you have asked in the train that leaves to-morrow morning but will hasten matters as much as possible. I hope you will be urgent in furthering the delivery of all officers and men whom we have declared exchanged. You have many hundreds in your prisons. Your agreement as to them and citizen prisoners will release all.

Respectfully, your obedient servant,

RO. OULD, Agent of Exchange.

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HEADQUARTERS, Annapolis, Md., February 2, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

SIR: I have the honor to inclose a complete roll of 306 men from Richmond, which arrived here on the 30th of January in charge of Captain Mulford, Third Infantry New York Volunteers, who are now at the barracks in Annapolis and not accounted for in my monthly {p.237} return nor in my seven-day report. Their condition is such that I could not take them to camp and this accounts for their not being entered on the seven-day and monthly returns; and I hope the clothing will arrive soon for they will need a complete outfit. I have some of them wrapped in blankets instead of pants. There are now 200,000 suits at Philadelphia and I do not see why they delay a shipment, and especially for such men as these. The blankets they had when they reached Richmond they had to make shirts of for the enemy’s soldiers, and the tailors found among our men by them were forced to make the shirts out of our soldiers’ clothing.

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

GEO. SANGSTER, Lieutenant-Colonel, Commanding Paroled Prisoners.

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BALTIMORE, February 3, 1863.

Major-General HALLECK, General-in-Chief:

Not remembering the extent of your verbal instructions I repeat the question, Shall rebel surgeons be refused parole under the order of December 30?

ROBT. C. SCHENCK, Major-General.

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HEADQUARTERS OF THE ARMY, Washington, D. C., February 3, 1863.

Major-General SCHENCK, Baltimore:

Rebel surgeons, prisoners of war, are to be treated as provided in the cartel so long as the enemy observes the cartel in respect to medical officers.

H. W. HALLECK, General-in-Chief.

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MURFREESBOROUGH, TENN., February 3, 1863.

Hon. E. M. STANTON:

The rebels have been in the habit in utter violation of the terms of the cartel of paroling and releasing our prisoners without delivering either at Aiken’s Landing, Vicksburg or any other place agreed upon between myself and the commanding general of the opposing army, and without any evidence or notice of such parole and delivery. I have published an order announcing that persons thus turned loose are lawfully released from their parole by the wrongful act of the rebels and that all such within my department shall be returned to duty by special orders, naming them. I respectfully request authority to order back those who have strayed into other departments.

W. S. ROSECRANS.

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HEADQUARTERS FIFTEENTH ARMY CORPS, Camp before Vicksburg, February 4, 1863.

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

SIR: The letter of Col. William Hoffman of December 7, 1862, referred to me by your indorsement of January 7, 1863, is received, and {p.238} General Orders, No. 163, of the series 1862, sent therewith also is at hand. The letter shall be published to my troops and enforced as far as possible. A wide difference of opinion exists among officers in the matter of paroling prisoners of war. The enemy has a very loose practice of picking up our men, stragglers and others, by their properly organized troops as well as irregular guerrillas, of paroling them and turning them loose to find their way back to our lines as best they may. Hundreds of such men are now to be found in every army corps and at every post. In like manner our scouting parties and detachments pick up stragglers who invariably represent themselves, sometimes truthfully but more frequently falsely, as having abandoned their cause and on their way home. These invariably get off somehow or other and compose the gangs of robbers and guerrillas that infest the whole Southern country. Since the Dix-Hill cartel for the exchange of prisoners of war, published to the army in General Orders, No. 142, of September 25, 1862, I contend that neither party can claim a credit for prisoners delivered or exchanged in any manner other than that therein set forth, and that commanders of detachments, guerrillas or regulars, who take prisoners and set them free on parole cannot claim exchange for such prisoners; that the parole is void and of no effect, and the soldiers thus returned may be made to rejoin and do duty with their companies. If we insist upon the enemy taking our men prisoners, holding them and exchanging them at the place and in the manner set forth in the cartel it will break up a system that is operating against us.

I have the honor to be, your obedient servant,

W. T. SHERMAN, Major-General, Commanding.

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QUARTERMASTER-GENERAL’S OFFICE, Washington, February 4, 1863.

Col. ROBERT ALLEN, Saint Louis, Mo.:

It is stated that the paroled prisoners taken [in] Arkansas may be sent this way for delivery at Richmond. I see no reason for incurring such an expenditure when they can be sent directly to Vicksburg; but if it should be ordered you will of course send them by the cheapest route, which if they are on the river will probably be by the Ohio to Parkersburg or Pittsburg. As the Baltimore and Ohio Railroad has been excepted from the railroad contracts and has charged higher rates per man per mile than others, do not let them come by that road unless their agents agree to put their charges down to the convention rates as to fare and baggage and distances. Their ticket agent (L. M. Cole) now offers this.

M. C. MEIGS, Quartermaster-General.

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QUARTERMASTER-GENERAL’S OFFICE, Washington City, February 4, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: Application has been made to me by the agents of the Baltimore and Ohio Railroad for the transportation of the Arkansas prisoners on the road if sent to Richmond. They say that the cheapest transportation will be by the Ohio River to Parkersburg and by their road to Baltimore, thence by water to City Point, and they offer {p.239} to reduce their fare to the regular rates of other roads-2 cents per mile, shortest route-if they do the work. But why go to the great expense of transporting 5,000 rebels by railroad and steam-boat to the Atlantic for exchange when the cartel makes Vicksburg a point of delivery? If operations prevent their being delivered there just now can they not be kept awhile; and in any case can they not be delivered on any day under flag of truce when battle is not actually formed? They should be delivered with the least possible baggage and clothing. While we had no cartel and retained prisoners it was right and humane to supply them with absolutely necessary clothing, but I think that none of this should be allowed to go within the rebel lines and relieve their great want of such supplies.

I am, very respectfully, your obedient servant,

M. C. MEIGS, Quartermaster-General.

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HEADQUARTERS EIGHTEENTH ARMY CORPS, New Berne, N. C., February 4, 1863.

Maj. Gen. G. W. SMITH, Commanding Department of North Carolina, Raleigh, N. C.

GENERAL: I have the honor to call your attention to the following statements of facts: Two prisoners, Oliver Warren and Henry Welsh, were taken by the Confederate forces near Washington, N. C., last November. These men are both in the First Regiment North Carolina (Union) Volunteers and regularly mustered into the service of the United States and are therefore clearly entitled to the benefit of the cartel agreed upon by our respective Governments providing for the release of prisoners on their parole within ten days of their capture. I regret to say that these men have not been released but were thrown into the Libby Prison, Richmond. I trust that calling your attention to these facts will be sufficient to procure the release of these men without any further action on my part.

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

I. N. PALMER, Brigadier-General, Commanding.

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CINCINNATI, OHIO, February 4, 1863.

Hon. EDWIN M. STANTON:

General Rosecrans telegraphs me if exchanged to report to him in person immediately. I have received no official notification of my exchange.

WM. H. LYTLE, Colonel Tenth Ohio Infantry.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 4, 1863.

Capt. H. W. FREEDLEY, Third Infantry, U. S. Army, Indianapolis, Ind.

CAPTAIN: Your letter of the 30th ultimo has been received. You will direct such improvements made at Camp Morton as may be necessary to put the barracks in a condition to accommodate comfortably the wounded who have been sent there or who may be sent there so {p.240} far as its capacity will admit. The sheds along the fence are scarcely suitable for this purpose. You recommend that some of the temporary barracks at Camp Carrington be removed to Camp Morton; but as you give me no information as to the character of that camp, its extent or the purpose for which it was established I have no grounds on which to approve of such an arrangement. In all reports which you make I desire that you will go into full details so that it will not be necessary for me to ask for further information. Report fully about the condition of Camp Morton. How many buildings can be appropriated to the wounded and how many can they accommodate? Can the sheds be made available? What are you doing in the way of improvements? I have an order in my possession from the War Department for you to join your company but it is suspended for the present.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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HEADQUARTERS, Camp Butler, Ill., February 4, 1863.

[N. H. MCLEAN.]

MAJOR: This will introduce Quartermaster George Sawin, Fifty-eighth Illinois Volunteers, who comes upon business the nature of which you will see by the papers he brings. In addition I would say that nearly one-half the prisoners confined here were pressed into the Confederate service and are anxious to take the oath of allegiance and then join loyal regiments. They are foreigners, Germans, Polanders, &c. Please give instructions in regard to them.

Respectfully, your obedient servant,

W. F. LYNCH, Colonel Fifty-eighth Illinois Volunteers, Commanding Post.

[Inclosure.]

HEADQUARTERS DEPARTMENT OF THE OHIO, February 4, 1863.

ADJUTANT-GENERAL, Department of the Ohio (Through Col. W. F. Lynch, Fifty-eighth Regiment Illinois Volunteers, commanding Camp Butler.)

SIR: Is it consistent with the policy of the Government to allow such of the prisoners of war now confined at Camp Butler, Ill., and who are believed to be worthy of confidence to take the oath of allegiance to the United States and then enlist in such regiments now in said camp as they may select?

GEORGE SAWIN, Lieutenant and Quartermaster, Fifty-eighth Illinois Regiment.

MEMORANDUM.-The prisoners of war now confined at Camp Butler are principally from regiments raised in and about Texas. A large number are of Irish, German and Polish nationality. They state they were conscripted and forced into the rebel army against their will; that the battle of Arkansas Post was the first in which they were engaged. Some are known to have gone from Illinois to the South for employment and some have near relatives and friends in Illinois. They are willing to take the oath of allegiance and fight for the Union, and but for the misfortune of locality would ere this be found in the ranks of loyal regiments.

GEORGE SAWIN, Lieutenant and Quartermaster, Fifty-eighth Illinois infantry.

{p.241}

[Indorsement.]

HEADQUARTERS DEPARTMENT OF THE OHIO, Cincinnati, Ohio, February 7, 1863.

Respectfully referred to the commissary-general of prisoners for instructions.

As a general rule prisoners of war cannot be discharged on taking oath of allegiance, but the case has been presented as a peculiar one, it having been alleged that many of the prisoners are not only of foreign birth, have their residences in Northern States and had gone South only for the sake of employment, but that they had been conscripted and forced against their will to serve in the rebel army. Under these circumstances I would advise that those of the men who are undoubted conscripts should be discharged on their application on taking the oath of allegiance, unless such course is considered to be in contravention of the cartel concerning prisoners of war.

H. G. WRIGHT, Major-General, Commanding.

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NEW YORK, February 4, 1863.

Col. W. HOFFMAN:

There are at present at Fort Lafayette about twenty-four blockade-running prisoners. I do not know whether they are considered citizen prisoners or not.

M. BURKE, Lieutenant-Colonel.

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SAINT LOUIS, MO., February 5, 1863.

General MEIGS:

Barracks for prisoners should be on islands to save guards. I concur with Colonel Allen in recommending Arsenal Island instead of Cairo for prison barracks.

S. R. CURTIS, Major-General.

[Indorsement.]

QUARTERMASTER-GENERAL’S OFFICE, February 9, 1863.

Respectfully referred to Colonel Hoffman, commissary-general of prisoners, for his advice. Barracks for prisoners were ordered to be built at Cairo.

By order:

E. S. SIBLEY, Brevet Colonel, U. S. Army, and Deputy Quartermaster-General.

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SAINT LOUIS, February 5, 1863.

General M. C. MEIGS, Quartermaster-General:

All the Arkansas prisoners have been sent to Chicago and Springfield, Ill. The 4,000 sent to Chicago cost $9,000 less than the conventional price, being carried for 1 1/3 cents per mile.

ROBERT ALLEN, Chief Quartermaster.

{p.242}

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 5, 1863.

Capt. ISAAC B. KINKEAD, Seventy-seventh Ohio Volunteers, Alton Military Prison.

CAPTAIN: In reply to your letter of the 30th ultimo asking permission to enlist men from the different military prisons I have to inform you that the War Department has not and probably will not authorize any enlistments of the character you mention.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third infantry, Commissary-General of Prisoners.

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HEADQUARTERS DISTRICT OF PENSACOLA, February 5, 1863.

Lieut. Col. RICHARD B. IRWIN, Assistant Adjutant-General.

SIR: I have the honor to report that on yesterday, 4th instant, a flag of truce from the enemy arrived at our lines conveying a communication from General Buckner, Confederate Army, of which inclosed is a copy (marked A), to which I made a reply of which I likewise inclose a copy (marked B).

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

ISAAC DYER, Colonel, Commanding.

[Inclosure A.]

HEADQUARTERS DISTRICT OF THE GULF, Mobile, January 31, 1863.

OFFICER COMMANDING U. S. FORCES, Pensacola, Fla.

SIR: I am directed by General Braxton Bragg, commanding this department, to inform you that the following-named officers of the Federal Army captured at Murfreesborough, Tenn., will be held in close confinement at Atlanta, Ga., as hostages for Judge Wright, Mr. George W. Wright and Mr. Merritt, citizens of Pensacola, who he understands are now inhumnanly and contrary to the rules of civilized warfare confined in Fort Pickens for refusing to take the oath of allegiance to the Abolition Government, viz, Capt. B. W. Canfield, Company E, One hundred and fifth Ohio Regiment; First Lieut. A. W. Tourgee, Company G, One hundred and fifth Ohio Regiment; Second Lieut. Alonzo Chubb, Company D, One hundred and fifth Ohio Regiment. Should the general commanding have been incorrectly informed with reference to the circumstances attending the incarceration of the citizens of the Confederate States named above it will give me pleasure to advise him of any facts with which you may furnish me which may tend to alleviate the condition of the U. S. officers now held as hostages.

Respectfully, your obedient servant,

S. B. BUCKNER, Major-General, C. S. Army, Commanding District.

[Inclosure B.]

HEADQUARTERS DISTRICT OF PENSACOLA, February 4, 1863.

Maj. Gen. S. B. BUCKNER, Confederate Army.

SIR: I beg leave to acknowledge the receipt of your communication of 31st ultimo in regard to the intention of General Bragg to keep in {p.243} close confinement certain Federal officers in retaliation for the confinement at Fort Pickens of Judge Wright, Mr. George W. Wright and Mr. Merritt, citizens of Pensacola. I inclose herewith copy of Orders, No. 14, from these headquarters, in conformity with which and letters those gentlemen have been liberated. Judge Wright is at present in Pensacola, Mr. George W. Wright has passed out of our lines and Mr. Merritt has left this place for New Orleans.

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

ISAAC DYER, Colonel, Commanding District of Pensacola.

[Sub-inclosure.]

SPECIAL ORDERS, No. 14.}

HEADQUARTERS DISTRICT OF PENSACOLA, January 19, 1863.

The commanding officer at Fort Pickens will release from confinement G. W. Wright on condition of his giving his parole of honor.

By command of Brigadier-General Dow:

OLIVER MATHEWS, Acting Assistant Adjutant-General and Aide-de-Camp.

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CAMP BUTLER, ILL., February 5, 1863.

Col. W. HOFFMAN:

About one-half the rebel prisoners confined here are foreigners, conscripts. They are anxious to take the oath of allegiance. I am satisfied of their truthfulness. Shall I administer it to them and discharge? Rolls will be sent you to-morrow.

W. F. LYNCH, Colonel Fifty-eighth Illinois Volunteers.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, February 5, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: I inclose to you a copy of letter sent a few days since to Major-General Hitchcock. This morning I received from him a telegram stating that orders will be issued as desired by me. I have just received a communication from Mr. Ould in which in reply to me he expresses a willingness to exchange all citizen prisoners. I wish therefore that the orders asked for in my letter to General Hitchcock may be immediately executed and that all citizen prisoners be forwarded from their various places of detention to Washington as speedily as possible. Please inform me on what day they will be ready and I will send a steamer from here under charge of a discreet officer to bring them down. Mr. Ould states that he will have our prisoners ready. I urge prompt action on this subject as all such exchange arrangements are liable to be interrupted and it would be a source of general regret if such interruption should now occur. How many citizen prisoners are now in the Old Capitol Prison? Will you please show this letter to the Secretary of War and to Major-General Hitchcock?

I am, very respectfully, your obedient servant,

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

{p.244}

[Inclosure.]

HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, February 2, 1863.

Major-General HITCHCOCK, Commissioner for Exchange of Prisoners.

GENERAL: I have the honor to inform you that I have concluded arrangements with Mr. Ould for the release of all citizen prisoners who have been captured by the Confederates in their raids. This will include of course those taken by General Stuart in Maryland and Pennsylvania. I think I can make the agreement to cover all our citizen prisoners, and I suggest that orders be immediately given to have all the citizen prisoners who have been captured by our military officers forwarded to Washington from their various places of detention. I will send a steamer from here to take them up to City Point for exchange. I consider it very desirable that the number sent should be as large as possible, the Confederates having more than 250 of our Union men. Would not this be a favorable opportunity to send all not under sentence? The information asked for and referred to me in relation to some of our officers and men will be communicated as soon as obtained. The demand has been made for Doctor Rucker and Assistant Surgeon Green is held a hostage for him. I have entered my earnest protest against any of our officers and men being retained in gross violation of the cartel and placed under the operation of State laws. I do not think the threat of Jeff. Davis will be permitted to be carried out by the Confederate Congress. The fact that we have more of their officers than they have of ours is a troublesome one to them. I shall be in Washington in a few days. May I ask the favor that you will show this letter to the Secretary of War and to Colonel Hoffman and inform me what orders are issued in relation to its subject-matter?

I am, very respectfully, your obedient servant,

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

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FORT HAMILTON, N. Y., February 5, 1863.

Hon. EDWIN M. STANTON.

SIR: A person calling himself Mr. Ray came to this post to-day and asked to see me. Upon the officer of the day inquiring his business he stated that he was a civil officer and had papers to serve on me. Upon my refusing to see him or allow the papers to be served he said that he had an interview with the Governor and was acting under instructions; and he further said that the civil authorities were determined and that my refusing to allow the papers to be served would certainly lead to a conflict. Please answer.

MARTIN BURKE, Lieutenant-Colonel Third Artillery.

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FORT HAMILTON, N. Y., February S. 1863.

Hon. EDWIN M. STANTON:

In connection with my dispatch to you of this date I have understood that the papers desired to be served on me was a habeas corpus, for whom I know not.

MARTIN BURKE, Lieutenant-Colonel Third Artillery.

{p.245}

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OFFICE PROVOST-MARSHAL-GENERAL, Saint Louis, Mo., February 5, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: Your dispatch of the 4th asking the number of citizen prisoners arrested by military authority, including guerrillas, received. The answer is being made up and will be sent in an hour by telegraph. It will be impossible to have the precise number stated, as I do not receive constant reports from Alton and especially not as to the deaths there. I request that Colonel Hildebrand be instructed to report to this office once a week the deaths and releases of prisoners at Alton under charge of this office. I wish to make known to you what work I am now having done in this office. Finding no reliable records of prisoners excepting one single book, which was a mere list stating the time of capture, county and place where imprisoned, and that book considerably behind I have for weeks been engaged in calling the roll of every prisoner under my control. I ascertain if there is evidence in the office against the prisoners. I have the prisoners personally examined and in a large number of cases I have to send to other points for evidence. When all the evidence can be obtained then the case is made up and passed upon. I have already ascertained by this process that a large number of prisoners about whom I could get no reliable impression are criminals of the worst character, and having now procured the evidence against them I have asked Major-General Curtis to appoint a military commission or a court-martial that these men may be tried. This tribunal will be sitting in a short time and its decisions will be reported to you without delay. I am having made a roll of every prisoner in my charge which states briefly his case and the disposition made of him. To-day I send to Alton a clerk to procure aim accurate list of the prisoners there, and as soon as the cases in Saint Louis have been disposed of I will take up the Alton list and go through with it as rapidly as possible. When these lists are completed I will send to you a copy of them. It may appear to you that it takes a long time to have these back cases examined, but the work has been kept constantly going forward. The greatest obstacle that I have to contend with is the insufficient evidence sent forward by the officers who capture the prisoners. They deliver them over to the nearest post and from there they are sent forward, with an imperfect list and a few remarks; the officers are off again in the field and do or can furnish but little evidence, so that the most of the evidence I act upon is the statements made by the prisoners.

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

F. A. DICK, Lieutenant-Colonel and Provost-Marshal-General.

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HEADQUARTERS, Annapolis, Md., February 5, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

SIR: I have the honor to inclose you, a report* which I procured from Captain Mulford to-day as to the accident at Richmond which I reported to you. I am happy to see that the report after his investigation has much reduced the loss of life and limb. To-day I received 750 men from Richmond and a complete set of rolls, in care of Captain Mulford, Third Regiment New York Volunteers. Three of the men had individual paroles, which I sent to you to-day. Captain Mulford sent {p.246} a letter about one, the others have the papers with them. In eight hours after their arrival I had them comfortably quartered and clothed. The rolls I will send to-morrow.

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

GEO. SANGSTER, Lieutenant-Colonel, Commanding Paroled Prisoners.

* See inclosure to letter from Sangster to Hoffman, same date, p. 246.

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HEADQUARTERS, Annapolis, Md., February 5, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

SIR: Through the carelessness of one of the clerks this report was left out of the letter I wrote this morning. Please find it inclosed and excuse the oversight.

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

GEO. SANGSTER, Lieutenant-Colonel, Commanding Paroled Prisoners.

[Inclosure.]

STEAMER NEW YORK, Annapolis, Md., February 5, 1863.

Lieutenant-Colonel SANGSTER, Commanding Post, Annapolis, Md.

SIR: In compliance with your request I have the honor to report the following in regard to an accident which occurred to paroled (Federal) prisoners while on their way from their prison to the railroad for City Point to meet flag-of-truce steamer New York, January 27, 1863. The detachment of 800 paroled (Federal) prisoners left the prison at about 4.30 a.m. and on their way to depot while crossing the canal a bridge, an iron structure over which 1,000 of our men had passed the day before, gave way and precipitated about 100 men into the canal. Private George Epart, Company H, Thirtieth Indiana Volunteers, and Private David Lampa, Company K, Thirtieth Indiana Volunteers, were drowned. Sergt. J. M. Arnold, Company K, Twenty-fourth Wisconsin Volunteers; Private W. Morgan, Company E, Eleventh Pennsylvania Volunteers, and Private F. Cramer, Company A, Twenty-fourth Wisconsin Volunteers, were injured and left in Richmond. There were also several others bruised and one or two limbs broken, whom I brought down and left at this post on my last trip. The supposed cause of the falling of the bridge was in consequence of the head of line having halted and the men breaking from their ranks filled the bridge full thereby overloading it.

I am, colonel, very respectfully, yours,

JNO. E. MULFORD, Capt., 3d Inf. N. Y. Vols., Comdg. Flag of Truce, James River.

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SANDUSKY, OHIO, February 5, 1863.

Col. W. HOFFMAN:

One hundred and eighty citizens and guerrillas, excluding those under sentence. Suppose all arrested by military authority, but as many come from other camps cannot tell. Heavy snow-storm. Ice safe for prisoners on foot. Have written.

WM. S. PIERSON, Major, Commanding.

{p.247}

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COLUMBUS, OHIO, February 5, 1863.

Col. W. HOFFMAN:

We have 156 citizen prisoners arrested by military authority, about half of whom are recommended by War Department for release by Commissioner Galloway. No guerrillas.

EDWIN L. WEBBER, Captain Commanding.

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HEADQUARTERS COMMANDANT OF PRISONS, Camp Chase, Ohio, February 5, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

COLONEL: I have the honor to this day forward the monthly returns* of prisoners at this post and the prisoners’ savings fund and prison hospital fund, with abstracts* and vouchers* for the month of January, 1863. The sutler tax on account of prisoners has not been collected for the months of December, 1862, and January, 1863. The average number of prisoners for each month is about the same, say 383, which at 10 cents per head per month will add to the savings fund some $76.40, and should have been included in the present return. I will see that this is attended to. The recent large receipts of prisoners of war at this post, commissioned officers, rendered it necessary to open the west prison, No. 3, the east prisons being greatly crowded and insufficient hospital room for the numbers of sick and wounded. I therefore with the approval of the colonel commanding post had the quartermaster build a partition across Prison No. 3, excluding the first four company quarters now occupied by the battalion of guards but which could be ready on short notice for prisoners should they be needed, and into the larger part I have moved all the prisoners of war except the sick and wounded, who with the citizens remain in the hospital prison. Prison No. 1 is now vacated, except three female prisoners, whom for the present I have placed in there having no other accommodations for them. These last, a mother and two daughters, also a son, were sent here for confinement from Nashville by order of Major-General Rosecrans, charged as spies and smuggling contraband articles. I am informed that a number more are to come. If so some separate confinement should be arranged for them. Prisoner Thomas L. Jones is still on parole. I am in receipt of orders from the War Department January 31, 1863, to release him on his oath of allegiance as recommended by Special Commissioner Galloway, and have notified him to report here.

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

EDWIN L. WEBBER, Captain, Commanding Prisons.

* Omitted.

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WAR DEPARTMENT, Washington, February 6, 1863.

Hon. G. A. GROW, Speaker of the House of Representatives.

SIR: I have the honor to transmit herewith a report from the General-in-Chief in reply to the resolution of the House of Representatives of the 30th ultimo calling for information as to “whether any rebel officers {p.248} captured by the Army of the United States have been granted paroles since the proclamation of Jefferson Davis refusing paroles or exchange to the captured officers of Union regiments.”

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

EDWIN M. STANTON, Secretary of War.

[Inclosure.]

HEADQUARTERS OF THE ARMY, Washington, D. C., February 2, 1863.

Hon. E. M. STANTON, Secretary of War.

SIR: I inclose herewith a resolution of the House of Representatives dated January 30, probably through inadvertence directed to me.

In answer to this resolution I have the honor to report to the War Department that immediately on receiving official information that the enemy had retained our officers who were taken prisoners of war, in violation of the cartel, the following order was telegraphed to all commanders of military departments and of armies in the field:

WASHINGTON, D. C., December 30, 1862.

No officers, prisoners of war, will be released on parole till further orders.

H. W. HALLECK, General-in-Chief.

I have no information that any rebel officer captured by the Union forces has been released on parole since that time. Medical officers are made an exception to the order, it being understood that in respect to them the enemy continues to observe the stipulations of the cartel.

Very respectfully, your obedient servant,

H. W. HALLECK, General-in-Chief.

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WASHINGTON, D. C., February 6, 1863.

Maj. Gen. S. R. CURTIS, Saint Louis, Mo.

GENERAL: I beg leave to call your attention to the inclosed slip* of newspaper which purports to give the substance of a recent order of General Loan. Such an order if it be genuine is in violation of the laws of war and may lead to serious difficulties. It was to prevent such excesses that the law of July last was passed requiring sentences of death to first receive the approval of the President before execution.

Very respectfully, your obedient servant,

H. W. HALLECK, General-in-Chief

* Not found.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 6, 1863.

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

GENERAL: I have the honor to acknowledge the receipt of your letter of the 4th instant and beg leave to offer the following reply: It would doubtless be the shortest and possibly the cheapest route for prisoners of war from Louisville to Baltimore to take the steam-boat to Parkersburg and thence by the Baltimore and Ohio Railroad to Baltimore, but it would be hazardous to take them through the disaffected {p.249} country through which that road passes, where there would be so many temptations for them to try to make their escape or to overcome the guard. The movement was ordered only on condition that the prisoners could not be sent to Vicksburg for exchange and it applies duly to the Murfreesborough prisoners. Those captured in Arkansas and elsewhere will be held at the camp in the West. Eight hundred prisoners were recently sent to Vicksburg for exchange but were returned in consequence of the operations against that city. If these prisoners are held at all it seems to be unavoidable that some clothing must be issued to them, but it will be confined to that which is absolutely necessary to cover their nakedness. Whether we hold them or send them to City Point for delivery the expense must be very heavy and I will urge that some other point than Vicksburg be agreed upon for the delivery of prisoners so that we may be relieved at once of the care of them.

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

W. HOFFMAN, Colonel Third infantry, Commissary-General of Prisoners.

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NEW ORLEANS, February 6, 1863.

Maj. Gen. N. P. BANKS, Commanding Department of the Gulf, New Orleans.

GENERAL: As agent for the exchange of prisoners under the cartel between the two Governments I ask the pleasure of a personal interview in reference to Brig. Gen. Charles Clark’s release and other prisoners. As regards the murderers mentioned in Lieutenant-General Pemberton’s letter I have nothing to say, but will take them if delivered to me. I am very anxious to see General Clark as I was on his staff for months.

Very respectfully, your obedient servant,

N. G. WATTS, Major, C. S. Army, and Agent.

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HEADQUARTERS COMMANDANT OF PRISONS, Camp Chase, Ohio, February 6, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

COLONEL: Your communication of the 31st ultimo called my attention to General Orders, No. 193, and your letter of instructions of December 6, 1862. Those orders were received before I had any official connection with the prisons. Since the receipt of your last I have carefully investigated the case and I cannot see why all the citizen prisoners confined here should not be released. General Orders, No. 193, and your instructions seem clear enough to me in the light I view them, but I am puzzled to know why a special commissioner under authority of the War Department as I understand it is kept here to examine and pass upon such cases. In a majority of the cases examined and reported upon by the special commissioner, Galloway, up to this time, and in the cases of nearly all the citizen prisoners now in my custody, the charge is “disloyalty,” or “rebel sympathizer,” or “aiding and abetting the rebels;” rarely anything else and seldom do any papers come fully substantiating these charges, and it looks to me that all such prisoners come under the provisions of paragraph 2 of General Orders, No. 193, {p.250} and should be released without regard to trial by commissioner. This same class of prisoners is being sent here continually from Wheeling, Va., Louisville and Lexington, Ky., and other places, and that I may act advisedly and without doubt I would respectfully ask specific instructions in the following cases:

1. Are all citizen prisoners in custody at Camp Chase from the States of Virginia, Kentucky, Tennessee and Missouri against whom the only charge is “disloyalty” or “aiding and abetting the rebels” to be released by me under General Orders, No. 193, and your instructions of December 6, 1862, without reference to, the special commissioner here and without requiring them to take the oath of allegiance, only requiring them to report to the provost-marshals of their districts? And as the same class of prisoners continue to arrive shall I treat them in the same way?

2. The commissioner has examined a large number of the cases of citizens now here and recommended them to the Secretary of War for release on different conditions, and they await the orders for their release.

3. What class of cases comes under the jurisdiction of the commissioner?

The case of Thomas L. Jones, of Kentucky, was taken up by Commissioner Galloway and he was recommended to be released on taking the oath of allegiance, which he refused to do. He was paroled by Governor Tod to his home in Kentucky. His time expired and he asked a renewal of parole. The Governor recommended him to return and have his case disposed of. He was not ordered to return by me and has not reported himself.

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

EDWIN L. WEBBER, Captain, Commanding Prisons.

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HEADQUARTERS, Cincinnati, February 7, 1863.

Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

COLONEL: I have the honor to inclose a copy of letter addressed to Col. W. F. Lynch, commanding at Camp Butler, instructing him to procure and furnish certain supplies represented to be necessary to the comfort of the rebel prisoners confined at that post. From the representations made to me I am satisfied that the sufferings of these prisoners during the present inclement weather have been intense and that common humanity required that some alleviation should be promptly provided. I have therefore taken the responsibility of giving the inclosed instructions without awaiting for a reference of the matter to your office.

Very respectfully, your obedient servant,

H. G. WRIGHT, Major-General, Commanding.

[Inclosure.]

HEADQUARTERS, Cincinnati, February 7, 1863.

Col. W. F. LYNCH, Fifty-eighth Regt. Ill. Vols., Camp Butler, near Springfield, Ill.

COLONEL: It has been represented at these headquarters that the rebel prisoners of war confined at Camp Butler have suffered severely {p.251} from the severity of the weather owing to the want of straw, blankets, stoves for heating the barracks in which they are confined and possibly for the want of adequate clothing. General Orders, No. 67, series of 1862, from the War Department, Adjutant-General’s Office, provides that clothing and other necessaries shall be supplied to prisoners of war under regulations to be prescribed by the commissary-general of prisoners. The needful regulations in this respect are presumed to have been furnished you and the supplies in accordance therewith should be obtained of the proper staff departments on requisitions approved and ordered by you. In case no such regulations have been supplied for your government you will cause to be furnished the stoves necessary to heating the prison barracks, the proper allowance of straw for bedding and a blanket apiece for such of the prisoners as are not already provided with one. You will please report your action under these instructions to these headquarters.

Very respectfully, your obedient servant,

H. G. WRIGHT, Major-General, Commanding.

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WASHINGTON, February 7, 1863.

Mr. WILLIAM P. WOOD, Superintendent Old Capitol Prison.

SIR: I have received your letter of the 5th instant, together with the list accompanying it, a copy of Mr. Baxter’s receipt to you of the 29th October last and a copy of your letter prepared for Mr. Baxter.

I inclose herewith a certified copy of Mr. Baxter’s receipt,* which I offered you in conversation.

As you refer to my letter calling for that receipt as if my use of the term “official” in connection with it had changed its character from that of a private to that of a public document I must explain that you had no authority to hold any private intercourse with people in arms against the Government of the United States. When your authority to act under the orders of General Wadsworth (approved by the Secretary of War) ceased your acts, unauthorized in fact, might be said to be extra official, but your proceedings did not the less belong to the United States Government and ought to have been submitted to the Government.

I presume I understand now the reason of your recall. By the copy of the memorandum of agreement between yourself and Mr. Baxter you appear to have exercised functions not committed to you. By the order of General Wadsworth September 28, 1862, you were directed “to proceed to Richmond via Fortress Monroe for the purpose of delivering exchanged State prisoners, marked A, and for tendering exchange of State prisoners, marked B, for Union State prisoners now held in confinement by the authorities in Richmond.” This paragraph covers your authority and it does not empower you to enter into general negotiations with Confederate authorities, yet the copy you furnish shows that you assumed that power and formally signed your name to an agreement the effect of which if sanctioned would have committed the United States Government to a policy which would virtually have paralyzed its power to act upon rebels under the law of treason. It appears to me that you could not yourself have been aware of the grave character of the act you committed. But I do not question your motives.

{p.252}

I regret to see the tone and temper in which you write to Mr. Baxter about other public functionaries as anxious to discharge their duty to the public as you can be. I consider that you have written the letter under a misapprehension of the powers committed to you and of the circumstances under which those powers were annulled.

Respectfully, your obedient servant,

E. A. HITCHCOCK, Major-General of Vols., Commissioner for Exchange of Prisoners.

* Not found.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 7, 1863.

Col. W. H. LUDLOW, Agent for Exchange of Prisoners, Fort Monroe, Va.

COLONEL: I inclose herewith a list* of rebel officers captured by General Rosecrans’ army. I have not yet received a list of those captured in Arkansas. I inclose also rolls* of rebel prisoners of war captured at different places in the West. I have not yet been able to obtain all the information requested in your letter of the 28th ultimo. We have in the West 1,200 or 1,500 citizen prisoners and it is proposed to select from those as many as may be necessary to balance all held by the rebels at Richmond. You will probably be called to this city before the exchange is consummated in order that the announcement may be clearly understood.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third infantry, Commissary-General of Prisoners.

P. S.-I gave to-day to Mr. Child, the gentleman about whom I wrote to you a few days since, a pass to Fort Monroe where he is to report to you for exchange.

W. H.

* Omitted.

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WASHINGTON, February 7, 1863.

Lieut. Col. W. H. LUDLOW, Agent for Exchange of Prisoners:

Your letter of 5th is received. I am making arrangements to collect citizen prisoners here and will let you know when they arrive.

W. HOFFMAN.

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HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, February 7, 1863.

Maj. Gen. N. P. BANKS, Commanding Department of the Gulf.

GENERAL: I have the honor to report that in obedience to your instructions I yesterday proceeded to Lake End to receive the flag of truce under which the letter of Lieut. Gen. J. C. Pemberton was sent to you. I found Major Watts, of C. S. Army, and delivered to him your answer to General Pemberton’s note. Major Watts’ especial business, however, was to confer in relation to exchange of prisoners, he being the accredited agent of the Confederate Government and charged with that duty. I found him to be intelligent, affable and courteous.

{p.253}

After explaining in detail the object of his visit he made two propositions in writing (see copy annexed), to both of which I acceded.

He called my attention especially to his correspondence with General Butler in October last relative to prisoners of the Eighth Vermont Regiment captured by General Taylor and assured me he had endeavored to carry out the provisions of the cartel and also the particular request of General Butler as to delivery of prisoners, as the correspondence will show.

He regretted that any misunderstanding had arisen regarding Brigadier-General Clark and his fellow-prisoners and assured me the prisoners detained by the Confederate Government in consequence of such misunderstanding should be immediately delivered to General Grant on the fulfillment of the arrangement entered into between us.

I called his attention to the matter of shooting a number of Federal prisoners of war some months since and for which General Butler revoked the parole of the prisoners taken by General Weitzel in La Fourche.

He explained by declaring it the act of the State authorities and not of the Confederate Government, but denounced it as an outrage and unjustifiable and assured me that President Davis looked upon it in like manner. He also said that although the act was one of war and committed by State officers it must be assumed by the Government as its own act, and he had no doubt if the matter was properly presented as a grievance explanation and prompt disavowal would be rendered. He had discussed the matter personally with the President and did not hesitate from opinions advanced by him at that time to express the opinion above mentioned.

I also called his attention to the fact that Federal prisoners were still held in Texas and had been since the commencement of the war. He answered promptly that he would correct that matter immediately, and thereupon proposed to proceed to Galveston for the purpose of having a conference with General Magruder, and pledged his honor to do everything in his power to have all the prisoners in Texas delivered at the earliest possible moment to the Federal authorities; said that many taken in the early part of the war were not at present in custody of the Confederate authorities, some having been paroled, others escaped; he would, however, do his best to gather them together and forward them to Galveston.

Copies of the correspondence annexed. All of which is respectfully submitted.

JOHN S. CLARK, Colonel and Aide-de-Camp.

[Inclosure No. 1.]

NEW ORLEANS, February 6, 1863.

Col. JOHN S. CLARK, U. S. Army, New Orleans.

COLONEL: I will meet you on the 21st instant for the purpose of receiving Brigadier-General Clark and any other prisoners your Government may choose to deliver to me. At which time if it meets the sanction of your Government I will either in person or by an authorized agent proceed to Texas to carry out the cartel to its fullest extent as regards all prisoners taken before the 23d of January, 1863, and will in accordance with the President’s proclamation carry out the cartel.

Respectfully, your obedient servant,

N. G. WATTS, Major and Agent for Exchange of Prisoners at Vicksburg.

{p.254}

[Inclosure No. 2.]

HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, February 6, 1863.

Major WATTS, C. S. Army, Agent for Exchange of Prisoners.

MAJOR: Your communication of to-day received in which you propose to meet me as agent to deliver prisoners at Baton Rouge on the 21st instant and to receive such prisoners of war as the Federal authorities may be ready to turn over at that time, mentioning especially Brigadier-General Clark.

Also that you will at that time if it meet the sanction of my Government, either in person or by authorized agent, proceed to Texas to carry out the provisions of the cartel to its fullest extent as regards all prisoners taken previous to January 23, 1863.

In answer I am directed to say that Brigadier-General Clark together with some 350 prisoners of war now on parole have been awaiting the action of the Confederate authorities for some days, a letter having been forwarded by the general commanding to Lieutenant-General Pemberton under flag of truce some days since advising him of the above fact.

I will meet you at the place proposed with the prisoners, say in the river above Baton Rouge, at 9 a.m. on the 21st instant.

In answer to your second proposition I will immediately lay the matter before the general commanding and have no doubt it will meet with his approbation. It may be necessary, however, before giving a definite answer to confer with the naval authorities.

Nothing will give the general greater pleasure I assure you than to see the provisions of the cartel carried out to the letter.

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

JOHN S. CLARK, Colonel and Aide-de-Camp.

[Inclosure No. 3.]

NEW ORLEANS, February 7, 1863.

Col. J. S. CLARK, Aide-de-Camp, &c.

COLONEL: On referring to my letter addressed to you on yesterday I find that I stated that the cartel would be carried out to its fullest extent as regards all prisoners taken before the “23d January, 1863.”

I should have stated the 23d December, 1862. Please note the correction.

I inclose copy of request* made to General Banks on the 6th January, 1863, through an officer who only took a memorandum of it. Please give it consideration, especially as regards Deputy Surveyor P. E. Walden, who I learn is at Fort Pickens.

Your obedient servant,

N. G. WATTS, Major and Agent.

* Not found.

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SPECIAL ORDERS, No. 60.}

HDQRS. DEPARTMENT OF THE OHIO, Cincinnati, Ohio, February 7, 1863.

...

4. Col. H. Van Rensselaer, Inspector-General of the U. S. Army, will proceed without delay to Camp Butler, near Springfield, Ill., and make {p.255} a thorough inspection of that post, including all that relates to the prisoners of war confined thereat. Special care will be taken in the examination into the management of the commissary and quartermaster’s department at the post, and the officers of those departments stationed in Springfield will furnish on the call of the inspector-general such information as he may require in making the investigation ordered. On the completion of this duty he will return and report at these headquarters.

By order of Major-General Wright:

W. P. ANDERSON, Assistant Adjutant-General.

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HEADQUARTERS, Port Hudson, February 8, 1863.

Brig. Gen. C. GROVER, Commanding Post, Baton Rouge, La.

SIR: Your note of the 5th instant has just been received. In reply I have to state that as the U. S. prisoners of war are at Jackson, Miss., it will be necessary to send your communication to Lieutenant-General Pemberton, commanding the Department of Mississippi and East Louisiana.

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

FRANK GARDNER, Major-General, Commanding.

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HEADQUARTERS, Annapolis, Md., February 8, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

SIR: I have the honor to inclose you complete rolls* of 740 men who arrived here on the 5th instant from Richmond. I am happy to say that my new arrangements for the comfort of paroled men arriving from Richmond has far exceeded my expectations, although the sleet and snow was driving everything before it. On their arrival here I had them in barracks in half an hour after reaching the dock, and in eight hours after their arrival every man had clean clothes on, with a good overcoat and blanket and plenty of good food with comfortable quarters. Every man’s name was taken down and his clothing charged to him. Had I not had these new barracks to put them in I feel satisfied we should have lost several lives from the severeness of the weather and the naked condition of the men as it would have been impossible to have given them any comfort at camp. The recent frosts and snow and rain storms have torn my canvas very much, but I hope in a month to complete my work of building huts at camp. I am working 120 men building these huts. I have got several streets completed and the men in them. They are of a very perfect and comfortable nature. I will require some 100,000 feet of lumber to complete my work, but we have plenty of funds for that and all other purposes. I will send for 30,000 feet of lumber to-morrow and will urge the work on with the greatest of speed.

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

GEO. SANGSTER, Lieutenant-Colonel, Commanding Paroled Prisoners.

* Not found.

{p.256}

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GENERAL ORDERS, No. 14.}

HDQRS. DEPT. OF THE CUMBERLAND, Murfreesborough, Tenn., February 8, 1863.

I. Whereas, by the cartel for the exchange of prisoners agreed upon by commissioners, Maj. Gen. John A. Dix, on the part of the United States, and Maj. Gen. D. H. Hill, on the part of the Confederate authorities, dated Haxall’s Landing, on James River, July 22, 1862, and published by the War Department in General Orders, No. 142, September 25, 1862, the provisions of which are to be binding during the war, it is provided among other things that all prisoners captured by either party shall be delivered at the expense of the capturing party at either Aiken’s Landing or Vicksburg, or at such other point as may be mutually agreed upon between the commanding generals of opposing armies; and

Whereas, in violation of these provisions the Confederate authorities opposed to this army have without due notice or agreement and often without furnishing any lists or evidence of their capture and parole released and set free certain officers and men belonging to this army at such time and place as best suited their own convenience, thus avoiding the expense and trouble of delivering them according to the cartel and the danger of their recapture, thereby forfeiting their right to claim an exchange and releasing by their own act the persons so captured and set free-

It is ordered, That all officers and men so released subsequent to the 10th day of December, 1862, will be returned to duty, and that hereafter the names of any so captured and released will be forwarded to these headquarters that special orders may be issued in each case for their return to duty.

II. General Orders, No. 10, War Department, January 10, 1863, announces the exchange of all prisoners captured by the Confederate forces in the States of Kentucky, Tennessee, Mississippi, Alabama, South Carolina and Florida previous to the 10th of December, 1812. All officers and soldiers captured from this command previous to that date will therefore at once return to their regiments or commands.

By command of Major-General Rosecrans:

C. GODDARD, Assistant Adjutant-General and Chief of Staff.

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WAR DEPARTMENT, Washington, February 9, 1863.

Brigadier-General LYTLE, Cincinnati, Ohio:

The inquiry as to your exchange could not be answered until a specific report by the commissioner of exchanges, who has just reached here. He reports that all captures prior to the 10th of December are exchanged and so declared. You are included in the declaration and are exchanged and can report to General Rosecrans.

EDWIN M. STANTON, Secretary of War.

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Indorsement on case of William J. Livingston.

JUDGE-ADVOCATE-GENERAL’S OFFICE, February 9, 1863.

The PRESIDENT OF THE UNITED STATES:

Usage and the course of decision have enforced in regard to military commissions the same principles which prevail in the organization of courts-martial. These principles require that it shall appear from the record not only that the court and judge-advocate were sworn, but also that the oath was administered in the presence of the accused. {p.257} This does not appear in the present case. The accused no doubt deserved severe punishment for the crimes proved against him, but an insuperable obstacle to the execution of the death sentence pronounced against him is found in the fact that he was captured as a prisoner of war and this is distinctly admitted by the prosecution on the record. Under the cartel which exists for the exchange of prisoners he can claim as he does that he is entitled to be exchanged and the Government should do nothing that would disable it from complying with its obligations in this regard.

J. HOLT, Judge-Advocate-General.

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HEADQUARTERS, Camp Douglas, Chicago, Ill., February 9, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

SIR: Inclosed please find roll* of prisoners of war captured at Arkansas Post and forwarded to this camp under charge of Col. George W. Clark, Thirty-fourth Regiment Iowa Volunteer Infantry. Colonel Clark was not able to make a list during the trip. We have prepared this roll with great care and feel assured that it is correct or as nearly so as practicable.

Very respectfully, your most obedient servant,

J. AMMEN, Brigadier-General of Volunteers, Commanding.

* Not found.

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RICHMOND, VA., February 9, 1863.

Lieut. Col. W. H. LUDLOW, Agent of Exchange.

SIR: 1. Inasmuch as you have established a regulation that no citizens shall be allowed to depart on your flag-of-truce boats without the special permission of your Secretary of War hereafter no citizens, male or female, will be allowed to land at City Point without having received the previous permission of the Confederate authorities. Moreover no permission of Secretary Stanton will be respected the application for which is not made through me.

2. I see from your own papers that some dozen of our men captured at Arkansas Post were allowed to freeze to death in one night at Camp Douglas. I appeal to our common instincts against such atrocious inhumanity.

3. I send two official reports* in the case of Doctor Rucker. They emanate from such high authority that the most implicit reliance can be placed on them.

Respectfully, your obedient servant,

RO. OULD, Agent of Exchange.

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RICHMOND, VA., February 9, 1863.

Lieut. Col. WILLIAM H. LUDLOW, Agent of Exchange.

SIR: I send by the steamer to-day all the non-commissioned officers and men whom we have. I have also directed that all the officers now {p.258} here who were captured before December 10, 1862, should be sent. Such of them as are not here will be forwarded to this place as speedily as possible and sent to you.

How is it that you send only one officer by this boat? I know you have several others who have been exchanged under our agreement. I send all the sutlers’ clerks, employés, agents, &c., whom we have in Richmond.

Many of the persons named in your list of citizen prisoners were sent off long ago. It will be necessary for me to see you before all citizen prisoners are released or delivered. I will carry out the agreement fully.

George W. Bryant, Twelfth Massachusetts, died of his wounds on the 26th of December last. Major Blake has never been in Richmond. Not one of the Tennessee and Ohio men to whom you referred in one of your letters is in Richmond. If they are elsewhere they will be delivered to you.

The clothing, &c., have been received and your directions will be complied with.

I will meet you at 1 o’clock on the 17th instant. I have taken steps to have all the citizen prisoners brought to Richmond.

Respectfully, your obedient servant,

RO. OULD, Agent of Exchange.

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INDIANAPOLIS, IND., February 9, 1863.

Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

COLONEL: Your letters of the 4th and 5th instant were received yesterday. I have directed no improvements at Camp Morton excepting such as could be made without additional expense to the Government. The camp has been carefully policed by fatigue parties detailed from the troops for that purpose. Captain Ekin has furnished a carpenter and had some bunks constructed, additional windows, glazing and window sash supplied and other general repairs made. No further prisoners have arrived. The four buildings in the center of the camp are occupied by the prisoners, one of which-the old hospital-is supplied with cots and is occupied by the wounded who are unable to walk and require constant medical treatment and nursing. The worst cases of the wounded are at the center hospital under the care of Doctor Kitchen. The sheds on the north side of the camp are not occupied. They, however, can be made suitable for such wounded prisoners as are capable of visiting the hospital for medical treatment. There are only 224 troops here for guard. Should more prisoners arrive and it be necessary to occupy these sheds a greater guard will be required. I have explained this to General Wright and he has promised to send another regiment if necessary. You may rest assured that everything possible will be done that can be compatible with the regulations you have established for the comfort and security of the prisoners and with the least possible expense to the Government. I have not considered it necessary to trouble you with a report of all the little details of the rules I have established for their government as they are all included in your circular of regulations. I will report to-morrow the dimensions of the barracks now occupied by the prisoners and the numbers confined in each. The barracks I have recommended to be removed from Camp Carrington are barracks that have been erected for the temporary accommodation of troops organizing here and can be removed at but {p.259} little expense. They are temporary frame barracks, 16 by 100 feet, divided into four rooms and capable of accommodating 100 troops each. Should no more prisoners arrive their removal will not be necessary. The accounts against the prisoners’ fund which I have forwarded have not been received. The creditors are clamorous for their payment. Should I be permitted to draw on the prisoners’ fund at Alton these accounts, materially diminished, can readily be paid.

Very respectfully, your obedient servant,

H. W. FREEDLEY, Captain, Third Infantry.

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GENERAL ORDERS, No. 9.}

HDQRS. DEPARTMENT OF THE OHIO, Cincinnati, Ohio, February 9, 1863.

I. It is reported that much embarrassment and injury to the service is experienced from the practice of sending paroled Federal troops from the lines to interior camps without rolls of any kind or very imperfect ones, and also of paroling rebel prisoners without making any report of the circumstances or furnishing any rolls. To remedy this evil hereafter in all cases where our troops are captured by the enemy and paroled the senior officer present will cause to be prepared and forwarded to the office of the commissary-general of prisoners at Washington, D. C., with as little delay as practicable a full list by regiments and companies of all so paroled, giving the rank, regiment and company of each person, the time and place of capture and the disposition made of them. Like rolls of all rebel prisoners captured by our forces will be furnished by the officer in command of the troops by whom such captures are made.

When the circumstances are such that a roll cannot be immediately prepared a written report giving the number of officers and men, the time and place of capture and the disposition made of them will be made, to be followed by the necessary rolls at the earliest practicable moment.

When rebel prisoners are sent to Vicksburg for exchange commanders will also send duplicate rolls with them, one to remain with the agent who receives them, the other with his receipt upon it to be forwarded to the commissary-general of prisoners.

II. The following general orders and extracts from general orders, Adjutant-General’s Office, Washington, D. C., are published for the information and government of all concerned, and it is enjoined that the requirements thereof be strictly complied with:

No. 44, 1861:

In compliance with a resolution of the House of Representatives the Secretary of War directs that officers report to this office the names and residences of all prisoners that may be hereafter taken and released upon their oath of allegiance to the United States.

In like manner officers will report the names and residences of all prisoners who have been taken and released upon their oath of allegiance to the United States previous to this date, July 13, 1861.

No. 9, 1862:

The Secretary of War directs that officers and soldiers of the United States who are or may be prisoners of war shall during their imprisonment be considered entitled to and receive the same pay as if they were doing active duty.

No. 14, 1862:

The Secretary of War directs that the rations of prisoners held in the rebel States shall be commuted for and during the period of their imprisonment; the commutation to be rated at cost price.

{p.260}

No. 52, 1862:

The names of officers and men taken prisoners by the enemy must not be dropped from the muster-rolls, but will be placed at the foot of the list of names in their respective companies until they are exchanged or discharged.

No. 54, 1862:

The commissary-general of prisoners and commanding officers having charge of prisoners of war will as soon as practicable forward to this office lists of the prisoners, showing their rank, regiment, where captured, date of confinement and where confined. Similar lists will be furnished of new detachments as often as they may arrive at their several places of confinement.

No. 67, 1862:

The supervision of prisoners of war sent by generals commanding in the field to posts or camps prepared for their reception is placed entirely under Col. William Hoffman, Third Infantry, commissary-general of prisoners, who is subject only to the orders of the War Department. All matters in relation to prisoners will pass through him.

He will also establish regulations for issuing clothing to prisoners, and will direct the manner in which all funds arising from the saving of rations at prison hospitals or otherwise shall be accounted for and disbursed by the regular disbursing officers of the departments in providing under existing regulations such articles as may be absolutely necessary for the welfare of the prisoners.

Loyal citizens who may be found among the prisoners of war, confined on false accusations or through mistake, may lay their cases before the commissary-general of prisoners, who will submit them to the Adjutant-General.

The commissary-general is authorized to grant paroles to prisoners on the recommendation of the medical officer attending the prison in case of extreme illness, but under no other circumstances.

No. 71, 1862:

In every case of prisoners taken in arms against the United States who may be tried and sentenced to death the record of the tribunal before which the trial was had will be forwarded for the action of the President of the United States without whose orders no such sentence in such cases will be executed.

No. 72, 1862:

I. Whenever sick men, paroled prisoners or others, under circumstances entitling them to their descriptive lists and accounts of pay and clothing, &c., are sent away from their regiments, or being already separated from their regiments tie discharged from any hospital or moved from point to point in a body, they will be put under charge of a trusty officer or non-commissioned officer (to be selected if possible front their own number) who will exercise command over the party and conduct it to its destination. And to this officer or non-commissioned officer will be confided the descriptive lists of all for the safe-keeping of which until properly turned over with each soldier he will be held strictly accountable. Detailed instructions in writing for his guidance and government during the journey will in every case if possible he furnished to such officer by his last commander, and should he himself be compelled to make any detachments from his party he will in each case observe the same rules.

II. That paragraph of General Orders, No. 63, of June 12, 1862, which authorizes the discharge when requested by them of paroled prisoners is hereby rescinded.

III. No more furloughs will be granted to paroled prisoners. All furloughs heretofore given to them are hereby revoked and all prisoners now at large on their parole or who may hereafter be paroled by the rebel authorities will immediately repair if belonging to regiments raised in the New England and Middle States to the Camp of Instruction established near Annapolis, Md.; if belonging to regiments raised in the States of Virginia, Tennessee, Kentucky, Ohio, Indiana and Michigan to Camp Chase, near Columbus, Ohio; if belonging to regiments raised in the States of Illinois, Wisconsin, Minnesota, Iowa and Missouri to the camp near Jefferson Barracks, Mo. (Camp Wallace, near Columbus, Ohio, since substituted for Camp Chase, and Benton Barracks, near Saint Louis, Mo., for Jefferson Barracks), and report for such duty compatible with their parole as may be assigned to them by the officers in command of same camps. And all whether officers or soldiers who fail to comply with this order within the space of time necessary for them to do so will be accounted deserters and dealt with accordingly.

The attention of all commanding, mustering and recruiting officers is particularly directed to this order, and they are required to use their utmost exertions not only to give it the widest circulation in their neighborhoods but to see that it is faithfully carried out. And their Excellencies the Governors of the several States are respectfully solicited to lend their efforts to the same end.

{p.261}

IV. The transportation necessary to a compliance with this order can on application be procured from the Governors of the several States or from the U. S. mustering or commanding officers in the various cities within them.

V. The commanders of the different camps of instruction to which paroled men are sent will have them organized into companies and battalions, keeping those of the same regiment and of the same State as much together as possible, and will have correct muster-rolls of them made out and forwarded to this office; and on the 15th day of every muster month will furnish a list of them to the company commanders, from whom in return they will procure full and exact descriptive lists of each man and accounts of the pay, clothing, &c., due to or from him to the Government.

No. 163, 1862:

Whenever prisoners of war are released on parole and sent through the lines the officers who release them will immediately send rolls to the Adjutant-General of the Army containing an exact list of the prisoners’ names, rank, regiment, date and place of capture and date of release en parole. These rolls are indispensable in effecting exchanges of prisoners.

No. 176, 1862:

The commissary-general of prisoners has charge of the U. S. officers and men on parole, and correspondence relating to them as well as all details concerning them will pass through him.

III. The foregoing instructions relative to prisoners of war are thus compiled and published that every officer serving in the Department of the Ohio and on whom the duties prescribed may be devolved may be fully informed in relation thereto, and future negligence on the part of any one will be punished as willful disobedience of orders.

The reports and rolls called for, except those directed to be sent with prisoners to Vicksburg, will by officers serving in this department be neatly and carefully prepared, properly folded and indorsed and forwarded through these headquarters.

By command of Major-General Wright:

N. H. MCLEAN, Assistant Adjutant-General and Chief of Staff.

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SPECIAL ORDERS, No. 16.}

HDQRS. DEPARTMENT OF THE GULF, New Orleans, February 9, 1863.

I. All prisoners of war in this department taken from the enemy and now on parole and who have not taken the oath of allegiance will report on Friday, the 20th instant, at 1 p.m., at the foot of Canal street, in this city, for passage via Baton Rouge through the lines under flag of truce. Such as have not already been registered will report at the provost-marshal’s office, 177 Canal street, in time to be registered. Officers of the United States having Confederate prisoners of war in custody will forward them to this city under guard in time for registration and passage on transport as above provided.

II. By General Orders, No. 10, January 10, 1863, from the War Department, Adjutant-General’s Office, the following officers and men are declared duly exchanged as prisoners of war: All captures of officers, enlisted men and camp followers in the States of Texas and Louisiana up to January 1, 1863; all captures of officers, enlisted men and camp followers in the States of Florida, Alabama and Mississippi up to December 10, 1862; all captures on the sea, the sea and Gulf coasts and the waters flowing into the same up to December 10, 1862. All officers and enlisted men of the United States in this department herein declared exchanged will immediately report for duty to their proper companies and regiments.

By command of Major-General Banks:

RICHARD B. IRWIN, Lieutenant-Colonel and Assistant Adjutant-General.

{p.262}

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WAR DEPARTMENT, Washington, February 10, 1863.

Major-General SCHENCK, Baltimore:

The commanding general of a department has authority to try or to release prisoners whom he arrests. It is not necessary to refer such cases to these headquarters.

H. W. HALLECK, General-in-Chief

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BRIGADE HEADQUARTERS, Columbia, Tenn., February 10, 1863.

General J. C. DAVIS, Commanding U. S. Forces.

GENERAL: I have recently captured forty-eight non-commissioned officers and privates belonging to the Federal Army which were paroled and sent into Fort Donelson. We have here six of your men captured a few days since which have not been paroled, also Captain Von Minden, of the Fifth Iowa Cavalry, and First Lieut. Samuel Mitchell, the latter captured at Fort Donelson on the 3d instant. At the earnest solicitation of Captain Von Minden I send a flag of truce in charge of Lieut. J. G. Clouston, of Major-General Wheeler’s staff, for the purpose of exchanging him for Captain Rambaut, my commissary, who I am informed was captured by your forces a few days since. I am willing to exchange the six men here for an equal number of men of mine [now in your] possession, or any of my command you may have paroled and sent out of your lines. Lieutenant Clouston also has in his charge a list of the forty-eight prisoners sent into Fort Donelson, which list has not yet been forwarded to the War Department of the Confederate States, any of whom I will release from their paroles in exchange for any of my men who may have fallen into your hands. Lieutenant Clouston is fully authorized and empowered to receive any prisoners of my command you may have and erase from the list the names of an equal number of those captured by us and to give you official notification in writing of the release from parole of the men whose names are thus erased. He is also authorized, should it meet your approbation, to arrange time and place for the exchange of Captains You Minden and Rambaut and the six men now here in our possession. Any arrangements made by Lieutenant Clouston will be ratified by me and carried out in good faith.

I am, general, very respectfully, yours,

N. B. FORREST, Brigadier-General.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 10, 1863.

Brig. Gen. J. AMMEN, Comdg. Camp Douglas, Chicago, Ill.

GENERAL: In reply to your letter of the 6th instant I have the honor to inform you that by General Orders, No. 60, of January 6, 1862, from the War Department, all medical officers taken prisoners are to be unconditionally released, but of course it is expected that their position will be well established. It is very possible that the two prisoners who apply to be recognized as surgeons are entitled to the position, but it is necessary that there should be some official evidence of the fact, and I have therefore to request that you will telegraph to General Curtis or General McClernand for information. When it is established {p.263} that they are medical officers of the rebel army they should be sent on parole to the nearest convenient point of our lines to be released. In the absence of these medical officers should you find it necessary you will employ private physicians to attend the sick and wounded prisoners.

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

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 10, 1863.

Col. HENRY DENT, Provost-Marshal-General, Louisville, Ky.

COLONEL: By your telegram of the 11th instant it appears that you have sixty deserters from the rebel army. On the 3d of December last I communicated to Captain Jones, aide-de-camp to General Boyle, instructions as to the disposition to be made of such prisoners. Lest they may not have reached you I will give you the substance of them:

Deserters from the rebel army who are really such cannot be held as prisoners of war and they should be released; but to insure their future loyalty they should be required to take the oath of allegiance with the penalty of death for its violation. If you have any such cases in charge please make a report for each case with your recommendation for or against discharge. There may be those who will represent themselves as deserters who are in fact spies. To guard against cases of this kind commanders must make a careful examination of each case presented.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 10, 1863.

Lieut. Col. GEORGE SANGSTER, Commanding Camp Parole, Annapolis, Md.

COLONEL: Your letter of the 8th instant is received. The second paragraph of General Orders, No. 10, current series, required that “all exchanged troops will be forwarded to the armies to which they belong as soon as properly equipped.” This order,* a copy of which is inclosed, covers all the exchanged troops at Annapolis, and you will accordingly forward them without delay. You will assign an officer to command the detachments ordered to different armies, and these officers will receipt to you for all arms and other public property in the hands of the men, which property will be turned over on receipt to the officers commanding the companies to which the men belong. Send with each detachment full accounts of clothing, pay, &c. If a payment has not been made it should be made at once. You will not send any more paroled troops West till I give you further orders. Colonel Waite, of the First Infantry, has been ordered to take command at Annapolis, and you will command Camp Parole as heretofore. I have no doubt the colonel will carry out your arrangements, which seem to me very judicious, and his presence will relieve you of much labor. Maj. {p.264} James Given, Seventh Pennsylvania Cavalry, having been exchanged and the General-in-Chief having declined to permit him to remain on duty at the camp you will order him to his regiment, availing yourself of his services if necessary in conducting troops to their regiments.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third infantry, Commissary-General of Prisoners.

* Omitted here; see p. 169.

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[FEBRUARY 10, 1863.-For General Orders, No. 16, Department of the Cumberland, relating to the capture of rebel soldiers dressed in Union uniforms, see Series I, Volume XXIII, Part II, p. 53.]

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[FEBRUARY 10, 1863.-For Reynolds to Flynt concerning treatment of the inhabitants of Middle Tennessee, see Series I, Volume XXIII, Part II, p. 54; and for Halleck to Rosecrans, March 5, in answer to Reynolds’ suggestions, see p. 107, same volume.]

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HEADQUARTERS U. S. FORCES, Franklin, Tenn., February 11, 1863.

Brig. Gen. N. B. FORREST, Commanding Confederate Forces.

GENERAL: Your communication in regard to the exchange of prisoners was received by Lieutenant Wilson and party, who met your messenger under flag of truce a few miles in advance of my lines and by whom they were promptly delivered.

All Confederate prisoners captured by my command since leaving Murfreesborough the 31st ultimo (except a few sick) have been sent to that place and Nashville to be disposed of according to Department orders regulating exchanges. Colonel Carroll and Major Rambaut have both been sent to Nashville.

I have no authority to negotiate an exchange of prisoners, general, and cannot therefore entertain your proposition however much I might desire to do so. Captain Von Minden’s communication will be forwarded and an early exchange recommended.

Very respectfully, yours,

JEFF. C. DAVIS, Brigadier-General, Commanding.

{p.265}

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FORT MONROE, February 11, 1863.

Hon. EDWIN M. STANTON, Secretary of War:

In reply to my demand Mr. Ould, Confederate agent for exchange of prisoners, has just informed me that all U. S. officers captured before December 10, 1862, the date of Jeff. Davis’ proclamation, would be immediately released. All the sutlers’ clerks and Government employés confined in Richmond have been released and have arrived here on flag-of-truce boat New York. I shall meet Mr. Ould on the 17th at City Point.

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

(Copy to Colonel Hoffman, commissary-general of prisoners, and Major-General Hitchcock, commissioner for exchange of prisoners.)

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ASSISTANT QUARTERMASTER’S OFFICE, Camp Douglas, Chicago, Ill., February 11, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners, Washington.

SIR: I have the honor to inclose you an estimate* of clothing necessary for the comfort of the rebel prisoners in Camp Douglas, Ill. This estimate was made by Lieutenant George, of the Sixty-fifth Regiment Illinois Volunteers, appointed for that purpose by General Ammen. Some of the prisoners are very much in need of clothing as they suffer severely with the cold. If this is satisfactory please approve the same and return it to me. Clothing that is not fit to issue to our own men can be procured from Captain Potter, assistant quartermaster in Chicago, Ill.

Very respectfully, your obedient servant,

J. P. RUTHERFORD, Captain and Assistant Quartermaster. U. S. Army.

* Omitted.

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CAMP CHASE, OHIO, February 11, 1863.

[Maj. Gen. W. S. ROSECRANS.]

GENERAL: Your order relative to the general treatment of Confederate officers captured by your forces and here incarcerated is continually being violated. Not only (as I have understood by a commissary clerk} by filling out such requisitions as are forbidden by your order, but they are permitted to buy any edibles they wish of the prison sutler. This comes under my observation whenever on guard. I wish to know if you tolerate such violation. You certainly will not when once aware of the fact. For any further information please reply and you will he furnished with a letter of exposition in full containing other matters worthy of notice.

G. W. CAMPBELL, Private Co. A, First Batt., Eighty-eighth Regt. Ohio Vol. Infty.

[First indorsement.]

DEPARTMENT OF THE CUMBERLAND, February 19, 1863.

Respectfully forwarded to Major-General Wright, commanding, Cincinnati, Ohio.

W. S. ROSECRANS, Major-General, Commanding.

{p.266}

[Second indorsement.]

HEADQUARTERS DEPARTMENT OF THE OHIO, Cincinnati, Ohio, February 23, 1863.

Respectfully referred to the commanding officer at Camp Chase, through whom this communication should have been forwarded.

By order of Major-General Wright:

C. W. FOSTER, Assistant Adjutant-General

[Third indorsement.]

HEADQUARTERS U. S. FORCES, Columbus, Ohio, February 24, 1863.

Respectfully referred to the provost-marshal at Camp Chase who will report on the within subject to these headquarters.

By order of Brigadier-General Cooper:

WM. VON DOEHN, Assistant Adjutant-General.

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TULLAHOMA, TENN., February 12, 1863.

Major-General ROSECRANS, U. S. Army.

GENERAL: I have had the honor to receive your letters of the 18th and 19th ultimo addressed to me as I understand because you “find yourself compelled by a sense of duty to humanity to decline communicating with General Bragg by flag of truce,” &c.

Being unable to perceive how the interests of humanity are to be promoted by suspension of correspondence between the commanders of opposite armies I very much regret your determination, the more so because it is not in my power to re establish that correspondence.

General Bragg is the commander of the Army of Tennessee not I. One of his functions as such is of course the conducting of such correspondence as you propose to hold with me. I can assume none of the duties or privileges of the position in which our common superior, the President of the Confederacy, placed him.

I gladly avail myself of this opportunity to express to you my appreciation of your humanity exhibited in the case of our wounded who fell into your hands at Murfreesborough.

Most respectfully, your obedient servant,

J. E. JOHNSTON, General.

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HOUSE OF REPRESENTATIVES, February 12, 1863.

Hon. E. M. STANTON, Secretary of War.

SIR: About a month since I cut from the Chronicle of this city the following, purporting to [be] the latest news from Richmond:

One hundred and eighteen men, captured by the Virginia Line at Petersburg and at Pikeville, Ky., are confined at Richmond, and the Governor has announced to* President Lincoln the terms upon which such exchange can alone be made.

He has placed at hard labor in the penitentiary Captain Gramm and Lieutenant Wade as hostages for Captain Dusky and Lieutenant Varner, now confined in the District of Columbia penitentiary. ...

{p.267}

Dusky and Varner were convicted at Wheeling, Va., for robbing the mail, having been captured after the commission of the act. They were received in the penitentiary in this District January 10, 1862, and are now in the Albany, N. Y., penitentiary. They were sentenced for four years.

I believe an examination of the facts will show that Dusky and Varner were commissioned officers in the so-called Southern Confederacy. If this is the true state of the case ought not Captain Gramm and Lieutenant Wade be relieved by making the exchange and by treating Dusky and Varner as prisoners of war?

Very respectfully,

JAMES R. MORRIS.

[Indorsement.]

ADJUTANT-GENERAL’s OFFICE, March 13, 1863.

Respectfully submitted with report** of commissary-general of prisoners.

E. D. TOWNSEND, Assistant Adjutant-General.

* For Letcher to Lincoln, January 2, 1863, see case of Richard Thomas Zarvona, Vol. II., this Series, p. 401 For the omitted portion of this letter, see this Volume, p. 147.

** See Hoffman to Thomas, March 12, p. 350.

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HEADQUARTERS, Annapolis, Md., February 12, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

SIR: I have the honor to inclose you complete rolls* of soldiers and citizens who arrived here yesterday from Richmond on board of steam transport New York, Capt. A. A. Mann, Third New York Volunteers, being in charge of the men and flag-of-truce boat, Captain Mulford being sick of fever at Fort Monroe. I also received Col. A. B. Moore, of the One hundred and fourth Regiment Illinois Volunteers, and First Lieut. J. Dewald, One hundred and eighth Ohio Volunteers. These officers were receipted for by General Rosecrans, and on that receipt General Dix sent them through to report to Major-General Rosecrans. A statement of the facts of the case I inclose which I got from the colonel. You will find that the rolls show ninety-five citizens. Eighty-nine were present as I telegraphed to you yesterday. Six of them were sent to Baltimore by the order of Major-General Dix thus accounting for the difference.

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

GEO. SANGSTER, Lieutenant-Colonel, Commanding Paroled Prisoners.

* Omitted.

[Inclosure.]

ANNAPOLIS, MD., February 11, 1863.

Col. GEORGE SANGSTER, Commanding Post.

SIR: I arrived at this city this morning by flag-of-truce boat, having been a prisoner in the hands of the rebels since December 7, 1862. I was paroled on the 11th of December, 1862, at Murfreesborough, Tenn., with some thirteen other officers. Instead of being allowed to depart as a paroled prisoner I with the other officers was held. All excepting myself and Lieut. J. Dewald were sent to prison at Atlanta, Ga., and have been and still are there in close confinement. After keeping me some three weeks in Murfreesborough after being paroled I was sent to Atlanta prison and kept closely guarded and confined. After keeping {p.268} me there a short time they took me from Atlanta prison to Richmond and confined me in the Libby Prison for three weeks. During the whole of this time myself and other officers taken at the same time had our paroles in our pockets which were totally disregarded, as they said it was no evidence that an officer was entitled to release notwithstanding his parole. The non-commissioned officers and privates captured with us were paroled and sent home and the officers’ names were included in the list and was receipted for by General Rosecrans, but none of us were allowed to go. These facts were told me by Colonel Beard, inspector general for General Bragg.

The treatment we have received by the commandants at the two prisons named has been shameful and entirely destitute of humanity. We have lived on corn-meal, bad meat and cold water, these being the only things furnished us to subsist upon. We think that such treatment exhibited toward paroled prisoners is an outrage and I sincerely hope that rebel officers in our hands will be compelled to live on similar short allowances. I desire you to have me forwarded to my regiment at Camp Douglas, Ill., which is now on duty guarding the rebel prisoners at that place. I also wish to go to Washington to get my pay. By rendering me this assistance you will greatly oblige,

Yours, forever in favor of my country and the old flag,

ABSALOM B. MOORE, Colonel 104th Regiment Illinois Infantry and Comdg. 39th Brigade, 12th Division, Dept. of the Cumberland.

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WASHINGTON, D. C., February 13, 1863.

Lieut. Col. WILLIAM H. LUDLOW.

SIR: I inclose a note* referring to the case of Sergt. M. Mullen (from one of his daughters I understand) to which I would ask particular attention. He is a Union Virginian and for this reason doubtless has been made a special sufferer.

Fairfax Minor has been ordered to be held here as a hostage for him, whose treatment when you can be heard from in the case of Mullen will depend upon your report.

Very respectfully, your obedient servant,

E. A. HITCHCOCK, Major-General of Vols., Commissioner for Exchange of Prisoners.

* Not found.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 13, 1863.

Brig. Gen. J. H. MARTINDALE, Commanding District of Washington, Washington.

GENERAL: It is proposed to send to City Point for exchange with as little delay as practicable all citizen prisoners arrested by [the] military in this city and now on parole or held in confinement who wish to be exchanged, and I have respectfully to request that you will cause notice to be given requiring all on parole to report without delay to the provost-marshal that it may be determined who are to be exchanged.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

{p.269}

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WASHINGTON, February 13, 1863.

Lieut. Col. W. H. LUDLOW, Agent for Exchange of Prisoners.

How many citizen prisoners do you want for exchange?

W. HOFFMAN, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 13, 1863.

Lieut. Col. W. H. LUDLOW, Agent for Exchange of Prisoners, Fort Monroe, Va.

COLONEL: I have the honor to inclose herewith all the information* I have been able to obtain in relation to the two prisoners in the penitentiary at Albany. From their own statements it is plain that they belong to no proper military organization and that neither of them was an officer. It was not till recently that the rebel authorities would recognize guerrillas, bushwhackers and other irregular bands as fit subjects for exchange, and within a few weeks past they have rejected some of this class. They cannot now therefore go back to 1861 and claim to exempt a band of marauders who break into a post-office and steal the mail from proper punishment on the ground that they belonged to the Army and were acting under the authority of their Government. You will fully understand how to bring this matter before Mr. Ould so as to insure the release of our officers who are held in their penitentiaries as hostages for these robbers, and I need only put the papers in your hands. Nothing has yet been decided in Zarvona’s case. General Hitchcock has been confined to his room for several days, and probably nothing will be done till he can attend to it.

Mr. W. L. McDonald, sutler of the Twenty-sixth New Jersey Volunteers, called on me this morning with a parole in which he was pledged to effect the exchange of S. J. Anderson, on parole in New York, for himself within thirty-five days or to return to Richmond. His parole is January 19 [1863]. As you have already made provision for the exchange of sutlers and their employés I told Mr. McDonald it was unnecessary that he should make a special exchange, and that he might consider himself exchanged unless he hears further from me. Mr. Anderson was arrested in August, 1861, by order of the Secretary of State and sent to Fort Lafayette from whence he was paroled. I presume there will be no objection to his being exchanged and I will apply to have him sent to report to you to be given as an equivalent for Mr. McDonald if that should be necessary, or to be exchanged for some person of standing held by them. I inclose the papers** in this case. I have to-day telegraphed to persons in the West to send citizen prisoners here for exchange. I doubt if I can get as many as 300 unless I send unwilling persons. I will notify you by telegraph of their arrival and their number. You are aware that all captured rebel officers are held by us. Did you have any understanding with Mr. Ould about them when he announced that all our officers captured before the 10th of December would be released? I have been two days confined to my bed by illness which has delayed the necessary arrangements for the delivery of citizen prisoners.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

* See Morris to Stanton, p. 266.

** Not found; but see case of Samuel J. Anderson, Vol. II, this Series, p. 602 et seq.

{p.270}

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 13, 1863.

Lieut. Col. W. E. DOSTER, Provost-Marshal, Washington, D. C.

COLONEL: I beg leave to notify you that I have ordered from the West about 150 citizen prisoners to this city for exchange. They have been directed to report to you. The number may be increased to 300.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 13, 1863.

Capt. E. L. WEBBER, Commanding Camp Chase Prison, Columbus, Ohio:

Send under a guard of an officer and ten men to report to the provost-marshal of this city all citizen prisoners who wish to be exchanged, including those recommended by Judge Galloway, excluding spies. Send to me rolls with charges and sentences in full. Notify me when they leave. Among those to be exchanged include all who are unwilling to take the oath of allegiance if permitted to do so, though they may not desire to be exchanged. Judge Galloway recommends that Lewis W. Luther, of Cabell County, Va., be released on taking the oath of allegiance. Governor Peirpoint recommends that he be sent South and you will therefore include him among those to be exchanged. Order 193 applies only to prisoners in confinement at its date. I will write you further in relation to it.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 13, 1863.

W. L. MCDONALD, Sutler of Twenty-sixth New Jersey Vols., Washington, D. C.

SIR: In reply to your application to me to effect an exchange between yourself and Mr. S. J. Anderson, now on parole in New York, I have to inform you that by an arrangement recently entered into between Lieut. Col. W. H. Ludlow, agent for the exchange of prisoners, and Robert Ould, esq., the agent from Richmond, all sutlers and their employés have been exchanged and it is therefore not necessary that a special exchange should be made in your case. But that there may be no doubt on the subject I will refer the matter to Colonel Ludlow, that your release from your parole may be fully acknowledged. Unless you hear further from me you may consider yourself exchanged.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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FORT MONROE, VA., February 13, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners:

I want 500 citizen prisoners for exchange.

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

{p.271}

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, February 13, 1863.

Colonel HOFFMAN, Commissary-General of Prisoners.

COLONEL: I am informed that the men of the Eighth U. S. Infantry captured in Texas and so long detained there are now at Carrollton, La. These men have all been declared exchanged and can be immediately ordered into service.

I am, very respectfully, your obedient servant,

WM. H. LUDLOW, Agent for Exchange of Prisoners.

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WHEELING, VA., February 13, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners:

Had shipped all prisoners to Camp Chase. Only hold here now the nine hostages reported to you January 31.

JOS. DARR, JR., Major and Provost-Marshal-General.

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GENERAL ORDERS, No. 9.}

HDQRS. SIXTEENTH ARMY CORPS, Memphis, Tenn., February 13, 1863.

The attention of the general commanding is called to irregularities in sending paroled prisoners to interior camps. The following General Orders, No. 163, of the War Department, Adjutant-General’s Office, Washington, October 22, 1862, is therefore republished for the information of all concerned:

Whenever prisoners of war are released on parole and sent through the lines the officers who release them will immediately send rolls to the Adjutant-General of the Army containing an exact list of the prisoners’ names, rank, regiment, date and place of capture and date of release on parole. These rolls are indispensable in effecting exchanges of prisoners.

By order of Maj. Gen. S. A. Hurlbut:

HENRY BINMORE, Assistant Adjutant-General.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 14, 1863.

Maj. Gen. R. C. SCHENCK, Commanding Eighth Army Corps, Baltimore, Md.:

Please have furnished to this office immediately a list of prisoners held in Baltimore with the date of arrest, the charges and by whose order arrested, also a list of those paroled with the same particulars and by whose authority and to what limits paroled, with date. Make the two lists separate.

By order of the Secretary of War:

W. HOFFMAN, Commissary-General of Prisoners.

(Same to Brig. Gen. W. W. Morris, Fort McHenry, Baltimore, and Col. M. Burke, Fort Hamilton, N. Y.)

{p.272}

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, February 14, 1863.

Maj. Gen. H. G. WRIGHT, Commanding Department of the Ohio, Cincinnati, Ohio.

GENERAL: I have the honor to acknowledge the receipt of your letter of the 7th instant informing me of your action in the matter of furnishing necessary supplies for the prisoners of war at Camp Butler and I am much indebted to you for your considerate attention.

Captain Freedley is quite conversant with the manner in which prisoners of war have heretofore been provided for and it was for this reason that I directed him to confer with you in relation to them, expecting that he would then visit the different camps and see that the regulations heretofore issued were properly enforced. Finding that he was delayed at Indianapolis I ordered him to visit Camp Butler and Camp Douglas to inspect and report on the condition of the prisoners.

The prisoners’ fund if well managed would cover a large part of the expenses necessary to provide for their indispensable wants.

We must furnish them blankets for the time we have them and more or less clothing, but of course this should be limited to what is absolutely requisite.

Please find inclosed a copy of the regulations providing for the control of prisoners.

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

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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WASHINGTON, February 14, 1863.

Lieut. Col. F. A. DICK, Provost Marshal-General:

Select at Saint Louis and Alton Prisons and send under a suitable guard to report to the provost-marshal in this city for exchange 350 citizen prisoners. Include guerrillas and those under charges or sentenced to confinement for the war or a less period, not spies. Send them by Pittsburg and report by telegram when they will leave.

W. HOFFMAN, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 14, 1863.

Lieut. Col. W. E. DOSTER, Provost-Marshal, Washington.

COLONEL: Can you provide for 500 citizen prisoners for a few days? They may be expected from the West in ten days.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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HEADQUARTERS PROVOST-MARSHAL’S OFFICE, Washington, D. C., February 14, 1863.

Col. W. HOFFMAN, Third infantry, Commissary-General of Prisoners.

COLONEL: In reply to your inquiry as to whether provision could be made for 500 citizen prisoners for a few days I have the honor to state {p.273} that I do not apprehend any difficulty but that the accommodations could be furnished.

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

W. E. DOSTER, Lieutenant-Colonel and Provost-Marshal.

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HEADQUARTERS DISTRICT OF ARIZONA, Mesilla, February 15, 1863.

Capt. BENJAMIN C. CUTLER, Assistant Adjutant-General, Santa Fé.

CAPTAIN: I learn from two parties who have recently arrived here from San Antonio, Tex., that there are in that vicinity 300 prisoners, enlisted men of the U. S. service, treated like felons and miserably fed and clothed. My informants say that they are a part of the old regular force who were taken prisoners when General Twiggs turned over to the Texas commissioners. Cannot something be done from here for their exchange?

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

J. R. WEST, Brigadier-General, Commanding.

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

Brigadier-General DAVIDSON, U. S. Army, Commanding U. S. Forces, West Plains, Mo.

GENERAL: After the action at Hartville, Mo., I left my wounded in charge of several surgeons, some of whom have returned to my camp paroled stating that surgeons, attendants and wounded had been paroled by U. S. officers.

There was an agreement made between General Hindman, C. S. Army, and General Blunt, U. S. Army, commanding Army of the Frontier, forbidding this act, which has been honestly and faithfully carried out by the C. S. authorities. The conduct of the U. S. officers at Hartville is in direct violation of it.

Again: It has not been the usage of either the United States or Confederate States Government in this war to parole the surgeons.

I hope and believe that when this letter reaches you justice will be done my Governments with regard to the surgeons, attendants and wounded left at Hartville.

I must also call your attention to the fact that in the little dash made by a detachment of your cavalry into Batesville the officer in command carried off some twenty-five miles the only attendant of a wounded soldier and paroled him.

This act was unofficerlike, cruel and inhuman, for the poor soldier was unable to move and as far as that officer was concerned was left to die.

I cannot, do not, believe that you will countenance such an act.

Very respectfully,

J. S. MARMADUKE, Brigadier-General, C. S. Army.

{p.274}

[Inclosure.]

HEADQUARTERS SHELBY’S CAVALRY BRIGADE, Camp Kirtley, February 15, 1863.

Brigadier-General MARMADUKE, Commanding Cavalry Division.

GENERAL: One of the surgeons attached to my brigade and left in attendance upon our wounded at Hartville, Mo., has recently returned, reporting to me that he with the other surgeons detailed there had been arrested by the Federals, somewhat badly treated and finally paroled, though not without first having the gloomy prospects of going to Saint Louis as prisoners offered to them.

What sudden change has come over Federal rule and usage in Missouri? Are agreements made to be broken and the tender offices of surgeons rendered nugatory by insults, arrests, separations and confinements? General Blunt could have no such ideas, General Hindman certainly had none such, or the treaty at Prairie Grove would have remained unmade.

Our action toward Federal surgeons has always been one of uniform kindness, tempered with a desire to aid rather than detract from their works of mercy, but I seek in vain for their reciprocation of multiplied kindnesses and look only to find them abusing the chief attributes and virtues of humanity.

To arrest and imprison a surgeon causes him to neglect his patients; wounds neglected produce irritation, mortification, death, and death too caused by those who have received countless favors at our hands.

General, some understanding must be reached that will cover this matter, and if needs be retaliation however repugnant to every human feeling will be adopted as a matter of stern and urgent self-defense.

Very respectfully, yours, &c.,

JO. O. SHELBY, Colonel, Commanding Cavalry Brigade.

[Indorsement.]

HDQRS. C. S. FORCES, N. E. ARKANSAS AND S. E. MISSOURI, Camp near Batesville, Ark., February 16, 1863.

Brigadier-General DAVIDSON, Commanding U. S. Forces near West Plains, Mo.

GENERAL: I beg to call your attention to the within letter.

Very respectfully,

J. S. MARMADUKE, Brigadier-General, Commanding.

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OFFICE PROVOST-MARSHAL-GENERAL, Saint Louis, Mo., February 15, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: I have received your telegram of time 14th directing me to select at Saint Louis and Alton Prisons and send under guard to report to the provost-marshal in Washington for exchange 350 citizen prisoners, including guerrillas and those under charges or sentenced to confinement for the war or a less period (not spies), to report by telegram when they will leave. I will proceed at once to execute this order and {p.275} will report by telegram when they will leave. My first impression is that it will take about a week to get them ready to start.

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

F. A. DICK, Lieutenant-Colonel and Provost-Marshal-General.

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HDQRS. C. S. FORCES N. E. ARKANSAS AND S. E. MISSOURI, Batesville, Ark., February 16, 1863.

BRIGADIER-GENERAL COMMANDING U. S. FORCES, West Plains and Springfield, Mo.

GENERAL: I have the honor to send under flag of truce in charge of Capt. A. D. Brown, C. S. Army, dispatches for yourself.

Very respectfully,

J. S. MARMADUKE, Brigadier-General, C. S. Army.

[Inclosure No. 1.]

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

Brigadier-General BROWN, U. S. Army, Commanding at Springfield, Mo.

GENERAL: I have learned from reliable sources that my surgeons left with my wounded at Springfield, Mo., have been arrested, taken from the care of the wounded and sent as prisoners to Saint Louis or elsewhere. It is difficult to believe that conduct so contrary to the usages of war-so cruel to the unfortunate wounded-indeed inhuman, can be countenanced by the U. S. authorities. I write to demand the release of these officers and their return to the duty assigned them by me. I beg also to call your attention to the fact that many of my wounded at Springfield, Mo., have been paroled contrary to the express understanding and agreement between General Hindman, C. S. Army, and General Blunt, U. S. Army, commanding Army of the Frontier. This agreement has been faithfully and fully carried out by General Hindman and all officers serving under him. A like faithful execution of the agreement is expected of all U. S. officers. Again, I learn that Captain Frazier, of MacDonald’s Missouri Cavalry Regiment, left wounded and in charge of my surgeons at Springfield, Mo., has been confined in a miserable dungeon and is to be tried for his life. Can this be possible? I do assure you that I hope this is false, but if true I do most solemnly pledge you that I will retaliate tenfold, seeing it is the only remedy for the wrongs done my men. I regret the necessity made by you of writing this letter but the rights and lives of those under my command demand it.

Very respectfully,

J. S. MARMADUKE, Brigadier-General, Commanding.

[Inclosure No. 2.]

HEADQUARTERS SHELBY’S CAVALRY BRIGADE, Camp Kirtley, February 15, 1863.

Brigadier-General MARMADUKE, Commanding Cavalry Division.

GENERAL: From direct information recently received by me and from such sources as to leave no doubt of its entire correctness I have {p.276} to inform you that contrary to laws and usages of civilized warfare the surgeons left in care of our wounded at Springfield, Mo., have been unconditionally arrested, taken away from their charges of mercy and sent as prisoners of war to Saint Louis. Why is this? The terms of the agreement between General Hindman and General Blunt on the field of Prairie Grove were such as to secure all surgeons, wounded and nurses from molestation or parole. In good faith I have invariably kept this contract, and I demand that the Federals be held to the performance of theirs. I am unwilling to believe that this action on their part is a willful intention to thwart the merciful object held in view by the officers who formed the treaty; but if our wounded are to be deprived of the benefit of their surgeons and that too in direct violation of a solemn agreement the sooner it is known the better for the sooner will we learn that we are fighting an enemy who has snatched the soothing chalice from the lips of their own wounded and suffering and embittered a war already rapidly tending to extermination. I would suggest that you send a flag of truce to inquire into the matter.

Very respectfully, yours, &c.,

JO. O. SHELBY, Colonel, Commanding Cavalry Brigade.

[Indorsement.]

HEADQUARTERS FOURTH DIVISION, Camp near Batesville, Ark., February 15, 1863.

Brigadier-General BROWN, Commanding U. S. Forces, Springfield, Mo.

GENERAL: I beg to submit for your consideration the within letter.

J. S. MARMADUKE, Brigadier-General, Commanding.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 16, 1863.

General J. H. MARTINDALE, Commanding District of Washington.

GENERAL: By direction of the Secretary of War I have the honor to request that you will cause a list to be furnished me of all citizen prisoners held at the Old Capitol Prison, giving the dates of arrest, the charges and by whose order arrested; also a list of all on parole, giving the same particulars, with the authority for and date of parole and the limit. May I ask your immediate attention to this matter?

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 16, 1863.

Lieut. Col. W. H. LUDLOW, Agent for Exchange of Prisoners, Fort Monroe, Va.

COLONEL: I have the honor to inclose herewith a list* of military and civil prisoners now held at Richmond, Va., and also a list* of Federal {p.277} prisoners at Atlanta, Ga., which was furnished to me by Col. A. B. Moore, One hundred and fourth Illinois, recently released from Richmond. Many or all of these names may already have been presented to you, but I am anxious that no person should by any chance be overlooked. There are some conspicuous cases and for these I am sure you will make every effort to secure their exchange. General Hitchcock has given me the name of Doctor Rucker whom I believe he has spoken to you himself about as one whose release should be insisted on in the most positive manner. Governor Peirpoint has given me the name of Mr. Trahern, sheriff of Barbour County, W. Va., who is a prisoner at Richmond, and the Governor desires that his exchange be effected. John Owens, of Wolfe County, Ky., was released at Richmond on parole for thirty days from February 3 to procure an exchange. Please name some person as his equivalent among those who will be sent to you. I am making up the number of citizens you require (500), but it will require some little time to accomplish it. The Secretary has asked for rolls of all held before he decides who may be exchanged. It may be three or four days before all will be assembled here. Are you expecting to make exchanges of military prisoners and to what extent? Some 300 Murfreesborough prisoners went down to-day from Baltimore unexpectedly to me. Please bear in mind my request to obtain a list of all military prisoners who have died in the Richmond prisons and also the names of all who are still confined in the hospitals too unwell to be delivered. I have many inquiries about missing officers and soldiers, and it would be a great relief to their friends to know something positive about them. Some special applications for exchanges are herewith inclosed.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

* Not found.

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WASHINGTON, February 16, 1863.

Lieut. Col. F. A. DICK:

Citizen prisoners will not leave Alton till a report is made to me by the surgeon there in relation to the smallpox. Wait till you hear from me.

W. HOFFMAN, Commissary-General of Prisoners.

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ALTON MILITARY PRISON, Alton, Ill., February 16, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: On the night of the 23d of January last a Mrs. Clara Judd, a female prisoner, was brought to this prison in company with several male prisoners, all of whom were easily provided for except the female. I did not know what to do with her as there were no rooms about the building where cooking could be done without a great expense, as I myself with several other officers am boarding at these headquarter buildings and have her boarded at $2 per week. But I do not feel justified to continue such board without advising you of the fact and ask you to approve or disapprove of said board of Mrs. Judd. Mrs. Judd was arrested and sent to this prison as a spy by order of {p.278} General Rosecrans. She has never had any trial but is held in this prison as a spy. Please let me know what I shall do in regard to her board. She resides near Winchester, Tenn.

I ask what can be done for prisoners of war who do not want to be exchanged and return to the rebel army and rebel service but say they would positively rather be hung than return to such army and service and continue in such a war? These prisoners are nearly all Union men in feeling and some are anxious to join our ranks. Please instruct me in regard to this class of prisoners.

Col. F. A. Dick, provost-marshal general at Saint Louis, Mo., has in some instances released prisoners of war other than those he sent to this prison, which by a letter of instructions previously [sent] to him and myself from you allowed him to release those only that he may have sent here. I call your attention to this but feel confident that Colonel Dick does not intend to assume power and improperly exercise it. A word from you on that subject is sufficient. All such prisoners as come under General Orders, No. 193, with your instructions added, are released by me as fast as we can satisfy ourselves as to the fact of their or they being entitled to such release. Please answer my three inquiries for instructions and oblige.

Very respectfully submitted.

J. HILDEBRAND, Colonel, Commanding Post.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, February 16, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: I shall go to City Point to-morrow to meet Mr. Ould and will write to you more in full on my return in relation to the cases of the two men confined in the penitentiary at Albany. The Secretary of War desired me to ascertain the best exchange for Zarvona, W. L. McDonald, sutler of the Twenty-sixth New Jersey Volunteers, need not return. Please send S. J. Anderson with the other civilians when they arrive at Washington. The arrangement made with Mr. Ould for the release of our officers captured before the 10th of December does not call for the release of any rebel officers. Will you please give the necessary orders for the release of rebel officers who have been declared exchanged? The Confederates are delivering to us our officers who have been declared exchanged. Also please retain all civilians intended for exchange until they can be sent all together on the steamer intended for them. I would recommend that you send all civilians for exchange now in your custody and who are not unwilling to go South. The guerrillas and other members of irregular organizations can be reserved and sent to Vicksburg for delivery. Although the most of them have been declared exchanged according to the published declarations in general orders yet by a special agreement with Mr. Ould I am to be credited with all deliveries at Vicksburg which I had not been previously counted, and these had not been. When is it proposed to send them and also the Fort Hindman [Arkansas Post] captures to Vicksburg?

I regret to learn of your illness and hope that ere this both General Hitchcock and yourself have recovered.

I am, very respectfully, your obedient servant,

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

{p.279}

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DEPOT PRISONERS OF WAR, Near Sandusky, Ohio, February 16, 1863.

Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

COLONEL: Before the dispatch of the 10th was sent a paper had been thoroughly circulated for all to sign who wish to go South for exchange. On sending in the roll of those and also to ascertain about the twenty-nine who had since then arrived many more expressed the wish to go. Your dispatch on the 13th reads “send all,” and I therefore advised you that our roll had increased to 212. I am in receipt of your dispatch of to-day in which you direct to hold till I hear from you again and shall wait. I wrote you this afternoon about ice. It appears to be growing colder; and if so it will be safe crossing in a day or two by the time this reaches you. This is written in the evening.

Very respectfully, your obedient servant,

WM. S. PIERSON, Major, Commanding.

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CIRCULAR.]

HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, February 16, 1863.

The accompanying order and circulars relating to the immediate employment of negroes will explain a system of labor that has been suggested and adopted for the present year. The provost-marshals are authorized and directed to receive and record the assent of planters or other persons thereto, and when such written consent is given officers and soldiers and especially the chaplains of the Army and all other persons acting under the authority of the United States are requested to assist as far as practicable without violence in inducing the return of negroes and their families to the plantations where they have been accustomed to labor.

Without regular employment many thousands of negroes must perish during the year. More than $60,000 were applied to the support of dependent and destitute persons in the month of January. The support of many thousands of unemployed negroes will increase the burden to such extent as to make it impracticable to continue the charity. The immediate cultivation of corn, sugar, cotton and other products is imperatively demanded upon every consideration of public interest and for this no other labor is now available. On the plantations they will have secured to them by the officers of the Government sufficient and wholesome food, clothing, kind treatment and a share of the crop they produce.

The compensation may seem small but in view of the pecuniary advances that must be made and the risks that attend industry in a period of war it is not unreasonable. Those who are not thus engaged will be employed on the public works or in the quartermaster’s department without pay except their food and clothing, medical attendance and such instruction and care as may be furnished to them and their women and children.

In view of all the facts and after most anxious consideration the commanding general believes it to be the best system of labor that can now be adopted, and assuming the entire responsibility of the act he calls upon the commanding generals and all officers of the Government to assist in its immediate execution.

N. P. BANKS, Major-General, Commanding.

{p.280}

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HEADQUARTERS ARMY OF THE POTOMAC, February 17, 1863.

Major-General HALLECK:

After my experience in exchanging the Pennsylvania Reserves by which I gave 270 more officers and men than I received no further exchange will be made with my consent.

HOOKER, Major-General.

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CINCINNATI, OHIO, February 17, 1863.

Maj. Gen. H. W. HALLECK, General-in-Chief:

Colonel Lynch, commanding at Camp Butler, telegraphs that General Curtis has instructed him to release rebel prisoners upon their taking the oath of allegiance, Camp Butler being in this department. Colonel Lynch refers the matter here for instructions. What shall be done?

H. G. WRIGHT, Major-General.

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HEADQUARTERS OF THE ARMY, Washington, D. C., February 17, 1863.

Colonel HOFFMAN, Commissary-General of Prisoners.

COLONEL: Copy of the following telegram is respectfully furnished for your information:

WASHINGTON, D. C., February 17, 1863.

Major-General WRIGHT, Cincinnati:

Rebel prisoners who do not wish to be exchanged and offer to take the oath of allegiance are released when upon proper examination and evidence it is believed that they are sincere in this course. If there is good reason to doubt their sincerity they will not be released.

H. W. HALLECK, General-in-Chief.

H. W. HALLECK, General-in-Chief.

–––

SPECIAL ORDERS, No. 79.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, February 17, 1863.

...

9. Capt. W. T. Hartz, assistant adjutant-general of volunteers, will report in person without delay to Col. W. Hoffman, Third U. S. Infantry, commissary-general of prisoners, in this city.

...

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

–––

OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 17, 1863.

Maj. L. C. TURNER, Judge-Advocate, Washington.

MAJOR: Can you furnish me a list of political prisoners paroled from Fort Lafayette giving the date, the authority for and the limits of the {p.281} paroles? I would like also if possible the authority for the arrest and the time.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 17, 1863.

Capt. E. L. WEBBER, Commanding Camp Chase Prison, Columbus, Ohio.

CAPTAIN: Your letter of the 11th instant is received.

General Orders, Nos. 60 and 90, of 1862, are still in force and all medical officers and chaplains received among the prisoners of war should be discharged and sent beyond our lines.

Send them on their parole to report to General Wright at Cincinnati and write a letter to the general requesting him to forward them by such points in our lines as he may deem proper.

None can be recognized as holding the place of a medical officer or chaplain but those who are so designated on the rolls.

I am not yet prepared to say that “contract surgeons” can be classed with medical officers.

It will be determined in a few days whether rebel officers can be permitted to take the oath of allegiance.

You are not at liberty to grant paroles to rebel officers under any circumstances without the authority of the Secretary of War except in case of illness which is provided for by the circular of regulations.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 18, 1863.

Brig. Gen. JACOB AMMEN, Commanding Camp Douglas, Chicago, Ill.

GENERAL: Pursuant to instructions from the General-in-Chief you are authorized to release all prisoners of war belonging to the Confederate Army not officers on their taking the oath of allegiance in good faith. A careful examination will be made in each case to ascertain the sincerity of the applicant, and it will be explained that by taking the oath of allegiance he becomes liable to be called on for military service as any other loyal citizen. Whenever there is a doubt the application must be rejected. The oath will be taken in duplicate, one copy for the person to whom it is administered and one with roll of all so discharged to be sent to this office. This permission does not extend to guerrillas or other irregular organizations. None of these will be released except on special report in each case, approved at this office. The above instructions will cover the several applications made by individuals to be released on taking the oath of allegiance.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

(Same to commandants of all other important prison posts.)

{p.282}

HEADQUARTERS DEPARTMENT OF THE POTOMAC, Fort Monroe, February 18, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: I have the honor to inclose to you a list* of paroles of prisoners of war by Capt. Joseph P. Black, provost-marshal at Harrodsburg, Ky., from December 28, 1862, to January 9, 1863; also a list* of thirty-one prisoners captured by officers under command ,of General Weitzel and paroled by him; also list* of prisoners taken by Colonel Thomas at Bayou Teche, La.; also a descriptive list* of wounded prisoners paroled. I cannot use these papers in effecting exchanges until it is shown or known what has become of the paroled men, or whether after being paroled they were sent through the lines. Will you please give orders that all parole papers shall show these points? It will be a very simple matter for the officer sending you the paroles to do it.

I am, very respectfully,

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

* Omitted.

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ALTON, ILL., February 18, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners:

Your question* is difficult to answer. One-half the prisoners have had smallpox and varioloid. I think it would be unsafe to send even those not diseased without complete change of clothing.

A. WALL, Surgeon, Military Prison Hospital.

* Reference is to Hoffman to Dick, February 16, p. 277.

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QUARTERMASTER-GENERAL’S OFFICE, Washington, February 18, 1863.

Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

COLONEL: You are respectfully informed that Captain Potter, assistant quartermaster at Chicago, has this day been directed to issue for the comfort of rebel prisoners at Camp Douglas from the stock of inferior gray clothing on hand at Chicago the 300 pairs trousers specified in Captain Rutherford’s requisition of the 11th instant. The balance of the articles called for have been ordered from the inferior stock on hand at New York.

By order of the Quartermaster-General:

Very respectfully, your obedient servant,

ALEX. J. PERRY, Assistant Quartermaster.

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HEADQUARTERS DEPARTMENT OF THE CUMBERLAND, Murfreesborough, February 19, 1863.

General JOSEPH E. JOHNSTON, C. S. Army.

GENERAL: Inclosed I transmit a letter sent you yesterday by flag of truce, which was returned to my lines to-day, Indorsed as you will see and signed “Jos. Wheeler, Major-General and Chief of Cavalry.”

{p.283}

I also inclose copies of the list* of medical officers robbed during the battle of Stone’s River, and Chaplain Gaddis’ statement** of the treatment of some wounded men on a hospital boat.

I presume your customs do not warrant subordinates in stopping communications addressed to their superior commanders, nor is it necessary to call attention to the discourtesy of an officer of high rank who had the meanness to stop such a communication and to abstract therefrom the inclosure, which he presumed to return because he was unwilling to forward it, the papers referring to his own conduct.

Very respectfully, your obedient servant,

W. S. ROSECRANS, Major-General, Commanding.

* Omitted.

** Omitted here; Gaddis to Rosecrans, p. 284.

[NOTE.-See indorsements on the letter following. It is probable that the foregoing letter with its inclosures did not reach its destination, having been found with the files of the Department of the Cumberland.]

[Inclosure No. 1.]

HEADQUARTERS DEPARTMENT OF THE CUMBERLAND, Murfreesborough, Tenn., February 17, 1863.

General JOSEPH E. JOHNSTON, C. S. Army.

GENERAL: Yours of the 12th instant dated at Tullahoma by flag of truce is just received. I very much regret that you have not the power to redress the outrage and punish the perfidy which compels me to avoid communicating with General Bragg by flag of truce.

I was in hopes that by our joint efforts we should have been able to put the sacred claims of justice and humanity high above passion and revenge in the estimation of the troops of our respective armies and thus reduce the terrible amount of human suffering to the necessities of a state of war and those resulting from individual acts of crime and outlawry.

I know that no success would compensate for the degradation and shame that I should feel in allowing my troops to sneak in behind a flag of truce to make a capture or allowing them to go into battle dressed in your uniforms and carrying your colors or in robbing your surgeons of their private property, all of which was done by General Bragg’s troops before and at the battle of Stone’s River.

Inclosed is a copy of a list* of thirty-eight medical officers robbed.

Inclosed also is the statement I of the Reverend Chaplain Gaddis, showing that under the tacit if not active sanction of General Wheeler a hospital boat loaded with desperately wounded and sick soldiers was fired into by musketry and artillery.

Now, general, my difficulty is that while these outrages actually occur it seems from the official statements of your officers that different reports come to them.

Thus General Bragg in one of his voluminous epistles to me complains that your prisoners were robbed of their clothing. I did not think it proper to say it to him but I do to you that in all my experience I have neither seen nor heard of anything of the kind. They have seldom if ever had blankets or clothing enough and have been provided with such things by my order when possible.

I only ask what I feel bound and resolved to observe-that which is right and humane according to the usages of civilized war.

{p.284}

I appeal to you and through you if you have not the power to your superiors to know if my efforts and wishes in this matter cannot be met in a spirit of frankness and cordiality.

Hoping that in all official intercourse we may pursue mutual respect and feelings of personal kindness,

I remain, general, your obedient servant,

W. S. ROSECRANS, Major-General.

[First indorsement.]

HEADQUARTERS CAVALRY, February 19, 1863.

Respectfully returned.

Being an officer of General Bragg’s army I do not feel authorized to forward a communication the language of which, when referring to the commanding general of the army, indicates so little regard for the courtesies that are presumed to govern gentlemen in their intercourse.

JOS. WHEELER, Major-General and Chief of Cavalry.

[Second indorsement.]

HEADQUARTERS DEPARTMENT OF THE CUMBERLAND, Murfreesborough, February 19, 1863.

Respectfully reforwarded to General Joseph E. Johnston to whom the letter is addressed.

The inclosures mentioned within have been abstracted. Duplicates are reinclosed.

W. S. ROSECRANS, Major-General, Commanding.

[Inclosure No. 2.]

CAMP AT MURFREESBOROUGH, TENN., February 4, 1863.

Major-General ROSECRANS, Commanding Department of the Cumberland.

SIR: In accordance with your request I herewith transmit a condensed account of the capture and subsequent destruction of a portion of your transportation by fire on the Cumberland River on the 13th day of January, 1863, at the head of Harpeth Shoals, thirty miles from Nashville and thirty-five miles from Clarksville.

I was on the steamer Hastings at the time of her being ordered by the guerrillas to land and at the request of the captain of the Hastings and the officers and men on board (near 260 wounded) assumed command. I answered their hail and order by saying “that we were loaded with wounded and could not stop ;” they again ordered us to come to and backed their order by three volleys of musketry, after which I ordered the pilot of the Hastings, “Round the steamer to the shore.” This he immediately endeavored to do; the current being swift the boat yielded slowly and the enemy again fired two rounds of artillery, one of the balls taking effect on the steamer, seriously wounding one of the men. As soon as the boat struck the steamer that had been captured some two hours previously “a gang of drunken rebels under command of Colonel Wade took possession of the Hastings.” Then followed a scene of plunder and theft never before witnessed. They robbed soldiers and passengers indiscriminately, took from your wounded soldiers their blankets, rations, medicines and in many cases their clothing; robbed the officers of their side-arms, overcoats, hats, &c., the boat of all her freight, stores and money and her officers of their personal property.

{p.285}

I demanded of Colonel Wade some explanation of this inhuman course-he being so drunk only made me an idiotic reply. I then looked round for some other officer and discovered Captain Burford, General Wheeler’s assistant adjutant-general, in whom I recognized an old acquaintance. I appealed to him; he was powerless from the fact that the whole gang was drunk. He, however, reported the facts to General Wheeler, who authorized him to parole the Hastings on condition that she carry no more supplies for the Federal Government. I accepted the parole. I then took on board the wounded off the steamer Trio, also from the steamer Parthenia, and had succeeded in obtaining permission to pass on, when they for the first time discovered that the deck of the Hastings was covered with bales of cotton on which our wounded were lying. Wade instantly ordered me to put ashore all the wounded (over 400) that he might burn the cotton, it being theirs by capture and with them a contraband of war. To move the men again was almost impossible. They had been virtually stripped of everything, medicines, rations, clothing; were thirty-five miles from any military post; night coming on, no place of shelter; no place to put our wounded and dying men save a muddy corn-field; a heavy snow had begun to fall and in view of all this and my sympathy for men who for eighteen months had done their duty as true soldiers and who for days had fought under you and only ceased when borne from the field I demanded other terms. I told them I would not move a soul from the boat, &c. All this was reported to Wheeler (at least they said so) and he ordered that I should be held personally responsible for the burning of their cotton on reaching Louisville under penalty of my return to their lines as a prisoner of war. I deemed the terms mild under the circumstances and I immediately accepted them, in which I claim I did my duty. The passengers and soldiers of the Trio and Parthenia were robbed in like manner. After they had done us all the harm they could, barely escaping with our lives, they allowed us to cross the river during the burning of the steamers. While they were preparing to burn the gun-boat Sidell hove in sight and to all appearance made preparations to drive the enemy away but from some cause or other Van Dorn made no fight and surrendered the boat without firing a single shot. They then took possession of her, threw over her guns and arms, fired the three boats and in a short time nothing remained but the charred hulls. On reaching Clarksville I reported by telegraph to Major Sidell, who ordered me to proceed on as rapidly as possible to Louisville and report to Generals Boyle or Wright. This I did, and the inclosed papers* will explain the final result of the unfortunate affair.

Thus hoping that in all this you will not condemn me,

I remain, most respectfully, your obedient servant,

M. P. GADDIS, Chaplain Second Regiment Ohio Volunteer Infantry.

* See preceding correspondence.

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WASHINGTON, February 19, 1863.

Lieut. Col. F. A. DICK:

In consequence of the prevalence of smallpox at Alton you will send no prisoners to this city till further orders. How many could you send from Saint Louis?

W. HOFFMAN, Commissary-General of Prisoners.

{p.286}

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FORT MONROE, February 19, 1863.

His Excellency the PRESIDENT, Hon. EDWIN M. STANTON, Secretary of War, Major-General HALLECK, Major-General HITCHCOCK:

I have just returned from City Point from a conference with Mr. Ould. The Legislature of Virginia will overrule Governor Letcher in his late attempt at retaliation in imprisoning U. S. officers and will transfer to the Confederate authorities where it properly belongs under the cartel all matters connected with exchange of prisoners. It is now quite certain that the Confederate Congress will overrule Mr. Jefferson Davis in his retaliatory proclamation and message and exchanges will go on as heretofore under the cartel. I have perfected arrangements for exchange of civilians.

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

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HEADQUARTERS, Fort Monroe, February 19, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: Wholesale desertions are going on to the enemy from the First Regiment [New York] Mounted Rifles stationed at Suffolk. Twenty-five since the 1st of January. The motive I think is to dispose of equipments and get paroled. Some of these men are now at Camp Parole at Annapolis, Solomon Fowler, Thomas Ransom, Charles French, William Cresswell are represented to have been captured. All other cases are desertions. Will you please order the commanding officer at Camp Parole to send back on the steamer which will probably be at Annapolis on Saturday or Sunday all men including the above named belonging to the First Regiment New York Mounted Rifles. The captured I will declare exchanged and they will be returned to their regiment. The others will be treated as deserters.

I am, very respectfully, your obedient servant,

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

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RICHMOND VA., February 19, 1863.

Lieut. Col. WILLIAM H. LUDLOW, Agent of Exchange.

SIR: I send to you all the officers captured at Fredericksburg. Major Zentmeyer and Captains Marchand and Schaffle have died.

In the list of Fredericksburg captures given by you to me you have the names of Lieut. John A. Billingsley, F. H. B. Randolph and James Carey. These officers have never been delivered to us. Of course you will send them in your next delivery.

I send you about 250 military prisoners, some sutlers and one political prisoner. This embraces all the military prisoners and sutlers whom we have at the Libby. Lieut. Col. Douglas Hapeman and Maj. John Widmer are at Atlanta.

I have not had time to inquire into your other memoranda. I will, however, send any that have been declared exchanged if there be any in Richmond on the next flag-boat.

Respectfully, your obedient servant,

RO. OULD, Agent of Exchange.

{p.287}

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WHEELING. VA.. February 19, 1863.

SECRETARY OF WAR:

Writ of habeas corpus to take deserters out of possession of officers sent by me to arrest them issued at Steubenville, which is in this district, commanded by General Cox, was not respected by me, and have instructed officers not to notice the writ. Am I right? It is a “butternut” proceeding and I think intended to be carried further.

JOS. DARR, JR., Major and Provost-Marshal.

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CHICAGO, February 19, 1863.

Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

DEAR SIR: A number of C. S. prisoners now in Camp Butler, Springfield and Camp Douglas, Chicago, Ill., all of them Germans who have been pressed into the rebel army, desire to take the oath of allegiance and join my regiment (German), the Sixteenth Illinois Cavalry, part of it now in the field, known as Thielemann’s Cavalry. On an application to the post commanding officers to grant permission to take those men out of camp and into U. S. service I was advised to write to you by them to that effect. You will do me as well as Governor Yates, with whom I had conversation in regard to the matter, a great favor by complying with my wishes. An early answer would oblige, colonel,

Your obedient servant,

CHR. THIELEMANN, Major of Thielemann’s Cav., appointed Col. Sixteenth Illinois Cav.

[Indorsement.]

I respectfully ask favorable attention to this and a reply.

I. N. ARNOLD.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., February 20, 1863.

Acting Rear-Admiral S. P. LEE, Commanding North Atlantic Blockading Squadron.

ADMIRAL: I have just received your communication of yesterday. The list of steamers sent you by Colonel Van Buren yesterday shows the additions made to the list furnished you in October. These steamers should have been reported to you at the time they were respectively taken into the service of the Quartermaster’s Department, but through a misapprehension in the assistant adjutant-general’s office explained in Colonel Van Buren’s letter they were not reported to me. I will see that no such mistake occurs hereafter and that all changes are reported on the day they are made. I think no inconvenience has resulted from it as all these steamers have a flag number and none others are passed without special permits.

All steamers in the service of the army communicate with the guard vessel now both by night and day and when it is possible. If they are in the quartermaster’s service they exhibit a flag with a number corresponding with that on the list which has been furnished. If not in his service they are passed under special permits.

{p.288}

There is a difficulty at night in distinguishing the guard vessel from others and I respectfully suggest that the one here as well as the one at Norfolk may hoist a red light at night so that our steamers may know and be able to communicate with them.

In regard to flag-of-truce boats their purpose always is to reach here before night. But Colonel Ludlow is sometimes unavoidably detained and it may happen too that our prisoners cannot be put on board the transports at City Point in time to reach your picket boat until after dark. The prisoners are generally miserably provided for and a delay of a single night at Newport News would be inconvenient. I therefore propose that you suggest some signal by whistle or lights by which the flag-of-truce boats may advise you of their approach. It is not likely that it will be often necessary to use it.

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

JOHN A. DIX, Major-General.

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GENERAL ORDERS, No. 46.}

WAR DEPT. ADJT. GENERAL’S OFFICE, Washington, February 20, 1863.

With a view to the more prompt and effective execution of so much of General Orders, No. 191, of November 19, 1862, as relates to the collecting of paroled troops at the camps designated the attention of mustering and disbursing officers and recruiting officers of the Regular Army is again specially called to the provisions of General Orders, No. 72, of June 28, 1862; and that it may be known what is done under these orders the officers referred to will make to the superintendent of the volunteer recruiting service in each State tri-monthly reports of men collected and forwarded and the superintendents will make like reports to the commissary-general of prisoners in this city, Col. W. Hoffman, Third Infantry. These reports will not only give the numbers but will also state the steps taken to carry out the order, with such suggestions as they may have to make to promote the object in view.

All stragglers from the army whether paroled, exchanged or otherwise come within the reach of this order; and that none may be ignorant of it officers charged with its execution will give it circulation in the local newspapers, announcing at the same time that all absentees who fail to report within five days will thereafter be considered deserters for whom the usual reward will be paid on delivery. At stations where it would be more convenient to do so detachments will be sent directly to Camp Parole, at Annapolis, rather than to Elmira, N. Y.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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WAR DEPARTMENT, Washington, February 21, 1863.

SIMEON DRAPER, Provost-Marshal-General, New York:

You are not authorized to parole any person who has held a rebel commission or been in the rebel service. Such action cannot be approved by this Department. The person referred to in your dispatch if he has held a rebel commission should be immediately arrested and brought to Washington.

EDWIN M. STANTON, Secretary of War.

{p.289}

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INDIANAPOLIS, February 21, 1863.

Hon. EDWIN M. STANTON, Secretary of War:

I am informed that it is the intention of the War Department to send the paroled prisoners of Western regiments to some Western camp. I would respectfully suggest that those belonging to Indiana regiments be sent here if no others, and beg leave to call your attention to the satisfactory manner in which the camps have been conducted here.

O. P. MORTON, Governor.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 21, 1863.

Hon. L. W. POWELL, U. S. Senate, Washington.

DEAR SIR: The Secretary of War directs that no guerrillas or citizens charged with aiding them be released except on the recommendation of the Governor of the State in which they reside. Such recommendation will insure their immediate release. This order covers all the cases which you have presented to me and their release awaits the recommendation of the Governor of Kentucky.

I am, very truly, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

(Same to Hon. George H. Yeaman, Hon. Robert Mallory, Hon. C. A. Wickliffe, members of Congress, Washington, D. C.)

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 21, 1863.

Col. T. P. ANDREWS, Paymaster-General U. S. Army, Washington, D. C.

COLONEL: I have this moment learned from General Cooper, commander, that the exchanged troops at Camp Chase have been under orders for the field for a month. They are detained there waiting payment. Will you please give orders for their immediate payment?

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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QUARTERMASTER-GENERAL’S OFFICE, Washington, February 21, 1863.

Col. ROBERT ALLEN, Quartermaster, U. S. Army, Saint Louis, Mo.

COLONEL: Your telegram of the 5th instant and that of General Curtis of the same date relating to the erection of barracks for prisoners was referred to Colonel Hoffman, commissary-general of prisoners, who reports that “barracks for prisoners are required at Cairo to receive those sent there on the way to Vicksburg for exchange. They are at times assembled there in small parties till enough are collected to load a boat or more. They are not to be held there permanently and the barracks are intended only for transient prisoners passing up or down.”

M. C. MEIGS, Quartermaster. General.

{p.290}

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DEPOT QUARTERMASTER’S OFFICE, Baltimore, Md., February 21, 1863.

Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

COLONEL: Some 700 rebel prisoners are confined in the city jail here, there being no room for them at Fort McHenry or Fort Delaware. I have made a contract with the warden of the jail to feed and lodge them at 20 cents a day each and they are very well taken care of, but they are in a miserable, destitute situation for clothing, and Colonel Bliss, chief quartermaster Eighth Army Corps, has applied to me to know whether I can issue old clothing to about 100 desiring to take the oath of allegiance but for whose release there is no authority. I have the honor to refer the matter to you under General Orders, No. 67, War Department, 1862.

Very respectfully,

J. L. DONALDSON, Quartermaster.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 23, 1863.

Maj. Gen. H. G. WRIGHT, Commanding Department of the Ohio, Cincinnati.

GENERAL: The accompanying papers have been referred to Lieutenant-Colonel Ludlow, agent for exchange of prisoners, who has returned them* with the following comment:

I cannot use these papers in effecting exchanges until it is shown or known what has become of the paroled men, or whether after being paroled they were sent through the lines. Will you please give orders that all parole papers shall show these points!

I have the honor to refer the matter to you that the attention of commanders may be called to what is required in such cases.

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

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

(Same to Maj. Gen. IN. P. Banks, Nineteenth Army Corps, commanding Department of the Gulf.)

[First indorsement.]

HEADQUARTERS DEPARTMENT OF THE OHIO, Cincinnati, Ohio, February 26, 1863.

Respectfully referred through Major-General Rosecrans, commanding Department of the Cumberland, to Brigadier-General Baird, who is requested to return these papers to these headquarters with a statement as to the disposition made of these prisoners when paroled. What became of them?

By order of Major-General Wright:

C. W. FOSTER, Assistant Adjutant-General.

[Second indorsement.]

HDQRS. THIRD DIVISION, ARMY OF KENTUCKY, Franklin, Tenn., March 15, 1863.

It having been reported to me that a portion of the rebel sick left about Harrodsburg after the battle of Perryville had by some oversight {p.291} not been paroled and that as they recovered they were in the habit of trying to escape to their homes without any obligation upon them I reported the fact to the headquarters of the Army of Kentucky and received instructions to have them paroled. This was done by the provost-marshal at Harrodsburg, after which the men remained as the other sick and were forwarded as they became able to travel to the headquarters at Lexington. What afterwards became of them I do not know. Some may still be at Harrodsburg. Respectfully forwarded through headquarters of Major-General Granger.

A. BAIRD, Brigadier-General, Commanding.

[Third indorsement.]

HEADQUARTERS ARMY OF KENTUCKY, March 17, 1863.

The prisoners referred to within were duly forwarded to Vicksburg for exchange.

G. GRANGER, Major-General, Commanding.

* See Ludlow to Hoffman, February 18, p. 282.

[Inclosure.]

CAMP NEAR FRANKLIN, TENN., March 13, 1863.

Brig. Gen. A. BAIRD, Commanding Third Division, Army of Kentucky.

GENERAL: In answer to the question of Col. W. Hoffman, commissary-general of prisoners, wishing to know what had been done with the prisoners paroled at Harrodsburg, Ky., by me while acting provost-marshal I have the honor to make the following statement: Ten of the officers were sent to General Granger’s headquarters, Lexington. There were thirty in the hospitals at Harrodsburg unable to move when I left. The balance were forwarded to your headquarters at Danville at two different times under escort.

I am, general, your most obedient servant,

JOSEPH P. BLACK, Captain Company F, Ninety-sixth Illinois Volunteer Infantry.

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WAR DEPARTMENT, Washington, February 23, 1863.

Hon. EDWIN M. STANTON, Secretary of War.

SIR: I have the honor to report in the case of T. T. Tunstall,* late consul at Cadiz and now in Old Capitol Prison, that said Tunstall applied in writing to the Secretary of State December 15, 1862, for a permit or pass to return to “my home and family in the State of Alabama;” and in his said application among other things is the following:

Ill-health, sir, the distance that divides me from my means and friends, my long absence from my home (now nearly seven years) and the interval of twenty months having elapsed with no tidings of my family or intercourse with them, inspire me with the hope that you will give a prompt and favorable consideration to the subject of this communication.

That on the 9th of December, 1862, the Secretary of State addressed me a note inclosing the application of said Tunstall recommending that a permit be given in the words following:

Under the circumstances of the case should there be no special reason to the contrary I have to suggest that Mr. Tunstall be permitted whenever a suitable occasion is presented to pass our lines under a flag of truce.

{p.292}

It is proper here to remark that Mr. Tunstall had been confined at Fort Warren and been discharged by the Secretary of State on his parole not to give aid and comfort to the enemies of the United States. After the receipt of the note from the Secretary of State Mr. Tunstall called at my office repeatedly to obtain a permit but I gave no encouragement until some time after it was publicly announced that women and children could avail themselves of going South. I then presented his case with the recommendation of the Secretary of State to the Secretary of War, and he directed me to give Mr. Tunstall permission to go to his home and family on the flag-of-truce steamer of the 7th of January last and the permit was accordingly given. That Mr. Tunstall did return by said flag-of-truce steamer New York the 7th ultimo and was delivered over to the rebel agent, Mr. Ould, at City Point; that on the passage from this city to City Point the detectives on board the steamer found among his luggage quinine and other prohibited articles, and they reported language used by him on the steamer that was offensive and objectionable-so much so that I took from him some money which had been intrusted to him to take to the prisoners in Libby Prison. In his communication to the Secretary of War Mr. Tunstall says that-

I frequently in conversation with Maj. L. C. Turner on my way down on the flag-of-truce boat expressed my wish and determination to return as soon as I could see my people, &c., and asked him if he thought the Government would molest me in the event of my return here. To which he replied: “Oh, I suppose not, I guess not,” or some such phrase of similar assurance that it would not was to the best of my memory the language he used.

As to Mr. Tunstall’s wish and determination to return to Washington or to the loyal States his statement in said letter to the Secretary of War and one to myself is the first knowledge or intimation I ever had of said wish and determination. Had he expressed such wish or determination to me I am quite sure I should have distinctly remembered it, for the reason that all persons who went South at that time and under my superintendence were distinctly and repeatedly informed (when they asked) that their going South was without any assurance whatever that they could obtain permission to return during the war. I recollect that Mr. Tunstall said to me some time during the passage that he claimed to be a Spanish citizen and intended eventually to return to Spain (Cadiz) and spend his days, but that he intimated that it was his wish and determination to return here or anywhere in the loyal States, and that I responded that “I guessed” or “supposed” or intimated by any other phrase that the Government would not molest him if he did return is not true. He had no such assurance direct or indirect from me, and I had no intimation that he entertained a wish or determination to return here, either during his application for a permit or during his passage to City Point.

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

L. C. TURNER, Judge-Advocate.

* For the arrest and detention of Tunstall, see Vol. III, this Series, p. 284 et seq.

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ADJUTANT-GENERAL’S OFFICE, Springfield, Ill., February 23, 1863.

Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

SIR: I am directed by His Excellency Governor Yates to call attention to the condition of paroled prisoners of war belonging to regiments of this State who have been exchanged at Richmond and sent to Annapolis, {p.293} Md. Letters from enlisted men of the Twenty-first Regiment Illinois Volunteers, whose truth and sincerity are personally known to His Excellency, state that some thirty members of this regiment were reported at the paroled camp at Annapolis on or before the 12th instant who on passage from Richmond and since arrival at Annapolis have received harsh treatment from officers in charge; allowed to go without rations for thirty-six to forty hours, and for two days after landing at Annapolis not provided with quarters, subsistence or blankets. These men have been in service since June, 1861, have fought at Donelson and Shiloh and passed months in Southern prisons without necessaries of life, and upon their return to Annapolis where they should be bountifully supplied by Government officials they receive attentions which are under the circumstances more disheartening than while in rebel hands. Believing that these abuses grow out of carelessness of subordinate officers immediately in charge of paroled men at different camps and that neglect could only be chargeable for a very short time the State authorities have passed without attention many letters of complaint received direct and others sent by friends to the Governor but the number and nature of complaints now made leads to the request that you will so far as may be consistent cause proper attention to be paid our volunteers at Annapolis whenever any may be reported, and in case of those now there that they may be sent to Camp Butler, Ill., or to Benton Barracks, Saint Louis, where they can receive attentions of friends and fitted at an early day to resume active duty.

Very respectfully, your obedient servant,

ALLEN C. FULLER, Adjutant-General.

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HEADQUARTERS SECOND DISTRICT, Vicksburg, February 24, 1863.

Maj. Gen. U. S. GRANT, Commanding U. S. Forces in front of Vicksburg.

GENERAL: I am instructed by the lieutenant-general commanding this department to transmit to you the inclosed copy of a notice purporting to have been issued by Admiral David D. Porter, U. S. Navy.

I request that you will inform me whether this document is authentic and if it be whether the operations of any part of the forces under you are to be conducted in accordance with the principles announced by Admiral Porter or with those of a civilized warfare.

While the troops of this Confederacy whom I have the honor to command will actively repel the invasion of our territory by the forces of the United States it is my desire that their operations shall be in accordance with the usages of war, of humanity and of civilization. I shall deplore the necessity for any departure from them.

Therefore I hope this notice of Admiral Porter is not authentic or that it will be reconsidered, and that in no case will its threats be executed because I am instructed to say if they are the fullest retaliation will be indicted upon the Federal prisoners now in our hands or whom we may capture; and no quarter will be given to any officer, soldier or citizen of the United States taken in the act of burning houses, laying waste the plantations or otherwise wantonly destroying the property of the citizens of this Confederacy; and that all such persons suspected of having been guilty of such acts will not if taken be treated as prisoners of war but will be kept in close confinement. {p.294} Relying upon your disposition to co-operate with me in averting the necessity for a resort to such measures,

I am, general, respectfully, your obedient servant,

C. L. STEVENSON, Major-General, Commanding.

[Inclosure.]

NOTICE.

Persons taken in the act of firing on unarmed vessels from the bank will be treated as highwaymen and assassins and no quarter will be shown them.

Persons strongly suspected of firing on unarmed vessels will not receive the usual treatment of prisoners of war but will be kept in close confinement.

If this savage and barbarous Confederate custom cannot be put a stop to we will try what virtue there is in hanging.

All persons no matter who they are who are caught in the act of pillaging the houses of the inhabitants along the river, levying contributions or burning cotton will receive no quarters if caught in the act, or if it is proved upon them.

By order of-

DAVID D. PORTER, Acting Rear-Admiral, Commanding Mississippi Squadron.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 24, 1863.

Maj. Gen. S. R. CURTIS, Comdg. Department of the Missouri, Saint Louis, Mo.

GENERAL: I have the honor to return herewith the descriptive list of rebel prisoners paroled at Des Arc, Ark., for further information. Colonel Ludlow, agent for exchange of prisoners, returns similar papers* to me with the following comment:

I cannot use these papers in effecting exchanges until it is shown or known what has become of the paroled men, or whether after being paroled they were sent through the lines.

May I request that you will order this information to be furnished in all cases? Orders heretofore issued by the War Department require that rolls of prisoners captured shall give the rank, regiment and company and the time and place of capture. To effect exchanges it is necessary to be known in addition the time and place of delivery to the rebel authorities.

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

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

[Indorsement.]

OFFICE PROVOST-MARSHAL-GENERAL, Saint Louis, March 4, 1863.

Respectfully forwarded to the commanding officer at Helena, Ark., with a request that these papers be returned with the information needed by Colonel Hoffman. This as expeditiously as possible.

F. A. DICK, Lieut. Col. and Provost-Marshal-General, Dept. of the Missouri.

* See Ludlow to Hoffman, February 18, p. 282.

{p.295}

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 24, 1863.

Brig. Gen. W. A. HAMMOND, Surgeon-General U. S. Army, Washington, D. C.

SIR: At the request of Lieut. Col. W. H. Ludlow, agent for exchange of prisoners, I inclose to you a list* of U. S. officers and soldiers together with a few citizens who have died while held as prisoners within the lines and in the hospitals of the rebel army. On examination of the list some repetitions of names are found to occur probably to the number of ten or twelve.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

* Omitted.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 24, 1863.

Col. G. DE KORPONAY, Commanding Camp Banks, Alexandria, Va.

COLONEL: The paroled and exchanged troops belonging to regiments serving in the West will be sent out to Western camps from Camp Parole, Annapolis, in a few days, and you will please send to that camp any men at Camp Banks belonging to such regiments to be joined to those going West. Let this be done at once and send full rolls with them. Your weekly report of the 20th instant shows upwards of 400 exchanged troops still at the camp. Please explain what it is that detains them.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 24, 1863.

Capt. E. L. WEBBER, Commanding Camp Chase Prison, Columbus, Ohio.

CAPTAIN: Yours of the 5th instant with the accompanying papers has been received. Your arrangements for the accommodation of prisoners of war are satisfactory. It will scarcely be possible to provide for the female prisoners sent to you by General Rosecrans at the camp and if you find it necessary and can do so you will place them in the jail in Columbus making the best terms for their keeping you can. You can issue them rations at the jail if it is advisable.

In reply to your letter of the 6th instant I have to say that all instructions given to your predecessor are still in force and are for your guidance. I am not informed of the particular instructions given to Judge Galloway but until other orders are given by the Secretary of War you will of course recognize his position. Order 193 applies only to prisoners held at its date and so far as they are concerned its execution was left in the hands of the commanding officer. Those arrested since that date can only be released by authority of the Secretary of War. No recommendations from Judge Galloway have come to me {p.296} except for the exchange of prisoners and they I presume are among those recently arrived in this city from Camp Chase. The foregoing will answer the three inquiries contained in your letter. Should T. L. Jones decline to take the oath of allegiance his parole should not be extended.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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U. S. QUARTERMASTER’S DEPARTMENT, Springfield, Ill., February 24, 1863.

Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

COLONEL: I have received no instructions from you concerning issues to the Arkansas prisoners now confined at Camp Butler, near this city. I have a quantity of gray clothing on hand unfit for issue to volunteers which might answer for the prisoners if desirable. Please forward copies of any general regulations concerning prisoners which may have been recently adopted and oblige,

Very respectfully, your obedient servant,

W. H. BAILHACHE, Captain and Assistant Quartermaster.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 25, 1863.

Hon. L. W. POWELL, U. S. Senate, Washington, D. C.

SIR: Your letter of yesterday is received and I have the honor to reply that after seeing you and before I had given directions for the release of prisoners from Kentucky in whose behalf you have presented petitions under general instructions for the release of prisoners of war on their taking the oath of allegiance I received further instructions verbally that petitions for the release of guerrillas and those charged with aiding them would not be acted on until they had received the approval of the Governor of the State. When I stated in my note that his approval would insure the immediate release of the prisoner I gave only my own impression and should have stated it would finally depend on the decision of the Secretary of War.

I inclose herewith in accordance with your request the petitions* presented by you.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

* Not found.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 25, 1863.

GUSTAVUS V. FOX, Esq., Assistant Secretary of the Navy, Washington, D. C.

SIR: I have the honor to request you will furnish me with the names of citizen prisoners confined at Fort Lafayette by order of the Secretary {p.297} of the Navy with the charges against them. This information is desired with a view to effect their exchange.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

–––

OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 25, 1863.

Col. CHRISTIAN THIELEMANN, Sixteenth Regiment Illinois Cavalry.

COLONEL: In reply to your letter of the 19th instant asking that certain rebel prisoners of war at Camp Douglas and other camps be permitted to take the oath of allegiance and join your regiment I have to say that the Secretary of War forbids the enlistment into our ranks of prisoners of war who have been released on taking the oath of allegiance.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 25, 1863.

Maj. Gen. JOHN E. WOOL, Commanding Department of the East, New York.

GENERAL: I am directed by the Secretary of War to request that you will cause to be furnished to this office the names of all citizen prisoners on parole in your department, giving the authority for and the time of the arrest, the date and limits of parole and by whose order. This information is desired with a view to effect an exchange for prisoners held by the rebels at Richmond.

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

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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NEW YORK, February 25, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: I have sent to Mr. Fox, Assistant Secretary of the Navy, a declaration of exchange of the men of the gun-boat Isaac Smith, detained at City Point on the 21st instant and who were sent hence to Annapolis. Will you please have him give the necessary order transferring to your order all the prisoners at Fort Lafayette held under the order of the Navy Department who were captured previously to December, 1862, that date covering all captures on the sea? Zarvona is also to be exchanged so I understood the Secretary of War. If I am correct in this he can be sent with the other prisoners. It would be well to parole all of them (before they leave their various places of detention) not to make any attempt at escape or hold any outside communication until delivered within the Confederate lines. I hear that there are a large number of prisoners of war at Fort Delaware.

{p.298}

Would it not be best to order at once the sending to Fort Monroe for delivery at City Point all the enlisted men confined there?

I am, very respectfully, your obedient servant,

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

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HEADQUARTERS EIGHTH ARMY CORPS, Baltimore, Md., February 25, 1863.

Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

COLONEL: In compliance with your request of the 15th instant I have the honor herewith to forward you the accompanying list* of prisoners, political and otherwise, that have been received at Fort McHenry during the months of October, November, December, January and February, how disposed of; and also those now on hand. I also hand you a list showing the paroles taken at the provost-marshal’s office and the circumstances under which they were granted. I regret much the delay attending the preparation of these papers. It has, however, been unavoidable and they have been forwarded as soon as the information could be obtained.

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

W. H. CHESEBROUGH, Lieutenant-Colonel and Assistant Adjutant-General.

* Omitted.

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NAVY DEPARTMENT, February 26, 1863.

Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, Washington.

SIR: Your note of the 25th instant requesting the names of citizen prisoners confined in Fort Lafayette by order of the Secretary of the Navy with the charges against them with a view to effect their exchange has been received, and in reply I transmit herewith a copy of a letter of this date addressed to the Secretary of War by the Secretary of the Navy requesting that the naval captures turned over to the military authorities may be detained for future action.

Very respectfully,

G. V. FOX, Assistant Secretary of the Navy.

[Inclosure.]

NAVY DEPARTMENT, February 26, 1863.

Hon. E. M. STANTON, Secretary of War.

SIR: I have the honor to inform you that this Department desires the detention of all those persons captured by the naval forces and now chiefly confined in Fort Lafayette. Most of them are pilots whose places cannot be supplied by the rebels. The cartel of September 25, 1862, published in general orders of the War Department, No. 142, has been annulled by Jefferson Davis by public proclamation and officers and sailors of the U. S. naval force are retained in prison on bread and water. Under these circumstances it is proper that the naval captures turned over to the military authority should be held for {p.299} future action. In any new arrangement for a cartel I request that this Department may be allowed to associate an officer or officers to arrange the terms.

Very respectfully,

GIDEON WELLES, Secretary of the Navy.

[Indorsement.]

WAR DEPARTMENT, March 6, 1863.

Respectfully referred to Major-General Hitchcock, commissioner for the exchange of prisoners of war.

By order of the Secretary of War:

P. H. WATSON, Assistant Secretary of War.

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HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, February 26, 1863.

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

SIR: I have the honor to transmit herewith duplicate lists* of prisoners of war taken from the enemy and delivered on the 23d instant to Major Watts, Confederate agent for the exchange of prisoners, by Col. John S. Clark, aide-de-camp, of my staff.

Very respectfully, your obedient servant,

N. P. BANKS, Major-General, Commanding.

* Omitted.

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HEADQUARTERS, Cincinnati, Ohio, February 26, 1863.

Brigadier-General WHITE, Commanding Eastern District, Louisa, Ky.

GENERAL: Yours of the 22d was received this morning on my return to Cincinnati from a visit to Kentucky. I am not aware that any instructions were given to Colonel Cranor in regard to the disposition to be made of persons who having served in the rebel ranks have subsequently returned to their homes, as no such cases seem to have been referred to by him in his report to these headquarters. The rule established in other portions of the State where the question of the proper disposition to be made of such persons is constantly arising is this:

1. Deserters from the rebel ranks, recognized as being such, are to be treated according to the laws of war with all the leniency compatible with our own safety, it being an established principle to weaken the enemy as much as possible by encouraging desertion from his ranks. Under this rule the practice has been to permit the deserter to remain at home on his taking the oath of allegiance and giving proper bonds for its observance, the amount of the bond being at the discretion of the district commander and depending upon the condition of the party as regards property, &c. Should any doubt exist, however, of the reliability of the individual then such other steps should be taken, such as sending him to Camp Chase as a political prisoner, as will give reasonable security against his doing harm.

2. Persons returning home after serving their term in the rebel service but who are believed to be truly penitent may if deemed reliable be permitted to remain on similar terms. They are not entitled to {p.300} the same consideration as deserters, but as they might if prevented by dread of imprisonment from returning remain in the rebel ranks it is good policy to encourage their return home, always provided they are to be trusted. If any doubt exists as to their reliability they should be sent with proper written charges and proofs to Camp Chase as political prisoners. They cannot be considered as prisoners of war and are not entitled to the immunities granted that class by the cartel agreed upon by the United States with the rebel authorities.

3. Still another class is to be found in Kentucky who while never having left their homes or taken up arms in the rebel cause have by their acts proved themselves enemies to the United States. These on proper proof should be arrested and sent always with written charges and proofs to Camp Chase as political prisoners. Many such give no chance for obtaining evidence of their disloyalty, while they are notoriously disloyal. Such persons are arrested whenever a sound judgment indicated a necessity for it as they are often more dangerous than open enemies. Often they are discharged when the necessity for their confinement passes. In applying the preceding principles you will observe that much is left to your own judgment necessarily.

I would, however, state that great prudence should be exercised in the matter of arrests. Old feuds, more recent dislikes, have an influence in controlling the judgments of the most loyal, and experience has shown that individuals entirely innocent of any disloyal design may be arrested and imprisoned upon the evidence of the over-zealous patriot or of the designing enemy. The numerous discharges of prisoners from Camp Chase illustrates this. I refer to this experience to put you on your guard against hearsay evidence. While every real enemy of the Union should be put where he could do no harm it is all important for the good of the cause that the innocent should not suffer even for a time through false representations.

I would further state that any permission such as seems to be granted by Colonel Cranor does not protect a person from another arrest. To be entitled to this immunity the individual must have so conducted himself as to have proved his loyalty. He must be beyond suspicion.

Very respectfully, your obedient servant,

H. G. WRIGHT, Major-General, Commanding.

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HEADQUARTERS EXCHANGED AND PAROLED PRISONERS, Near Alexandria, Va., February 26, 1863.

Col. W. HOFFMAN, U. S. Army, Commissary-General of Prisoners, Washington, D. C.

COLONEL: I received your letter of 24th instant yesterday afternoon directing me to forward all paroled and exchanged prisoners in this camp belonging to regiments serving in the West to Camp Parole, Annapolis, Md., at once. I will be unable to comply with your directions immediately as I do not know the regiments that are serving in the West. I therefore respectfully request to be furnished with a list of such regiments and on receipt of it I will promptly comply with your orders.

With regard to the 400 exchanged troops here reported on my weekly report of the 20th instant and calling for an explanation as to their detention here I beg to refer you to the column “for duty” on that report the figures of which only show 147. Out of that number {p.301} there is a camp guard as you will perceive of eighty-eight, and the guard has been formed in compliance with orders from the Military Governor of Alexandria. These men, however, have been selected for that duty on account of being pronounced unfit for duty in the field by the medical officer of this command, and when medical authority pronounces any members of this command unfit for field duty I cannot forward them to their regiment.

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

GABRIEL DE KORPONAY, Colonel Twenty-eighth Pennsylvania Volunteers, Comdg. Camp.

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SURGEON-GENERAL’S OFFICE, Washington, February 26, 1863.

Col. WILLIAM HOFFMAN, Commissary General of Prisoners, Washington, D. C.

COLONEL: To enable me to complete by careful comparison of all data a list of such Confederate prisoners of war as have died within our lines I respectfully request that you will furnish me with a list of such prisoners as are so reported to your office, this list including the following information:

Name.Rank.Company.Regiment.Cause of death.Date of death.Place of death.

By order of the Surgeon-General U. S. Army:

Very respectfully, your obedient servant,

JOS. R. SMITH, Surgeon, U. S. Army.

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WHEELING, February 26, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners:

Has any order been issued about exchange of prisoners since that of January 10, 1863, No. 10? I consider those not exchanged who were captured near Romney and paroled there December 8, 1862, and send them to Camp Chase.

JOS. DARR, JR., Major and Provost-Marshal-General.

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MURFREESBOROUGH, February 26, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners:

I forwarded this day complete lists of Federal prisoners belonging to this department captured at the battle of Stone’s River, and to this date 1 brigadier-general, 1 colonel, 3 lieutenant-colonels, 1 major, 14 captains, 30 subordinates, 2,502 enlisted.

WM. M. WILES, Captain and Provost-Marshal-General.

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WASHINGTON, D. C., February 27, 1863.

Major-General ROSECRANS, Murfreesborough, Tenn.

GENERAL: It is deemed best that you should not enforce your General Orders, No. 14, by placing the men improperly paroled into the {p.302} ranks. The principle established by your order is correct but it is deemed best that both the enemy and our own men should be notified before it is enforced. A general order will be prepared and issued on this subject.

Very respectfully, your obedient servant,

H. W. HALLECK, General-in-Chief.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., February 27, 1863.

Hon. E. M. STANTON, Secretary of War.

SIR: I learn from Colonel Ludlow that citizen prisoners are to be mutually released. I have a letter from Hon. Washington Barrow, who is on parole at Saint Louis and who is desirous of going to Washington. I do not know the grounds of his arrest but if as I suppose it is for disloyalty in Tennessee he will no doubt fall within the general arrangement for the exchange of citizen prisoners. If I am mistaken in supposing that such an exchange is definitely arranged I would suggest that he be discharged upon the release of some one of our own prisoners at Richmond.

I am, very respectfully, your obedient servant,

JOHN A. DIX, Major-General.

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HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, February 27, 1863.

Brig. Gen. JAMES BOWEN, Provost-Marshal-General, Department of the Gulf.

GENERAL: The general commanding directs that you immediately provide suitable quarters and keep in close custody all prisoners of war taken from the enemy, both officers and enlisted men, whose names appeared on the late register and who refused or neglected to comply with the special order requiring them to report on the 20th instant at the foot of Canal street for passage through the lines, &c.; and that hereafter neither officers nor enlisted men be allowed their liberty within our lines without first taking the oath of allegiance, but will be kept in custody until a favorable opportunity offers to forward them through the lines under orders from these headquarters.

JOHN S. CLARK, Colonel and Aide-de-Camp.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 27, 1863.

Brig. Gen. L. THOMAS, Adjutant-General U. S. Army, Washington, D. C.

GENERAL: To enable me to distribute exchanged troops to their respective regiments and batteries it is necessary that I should know the army corps to which they belong and the department in which they are serving, and I have therefore the honor to request that I may be furnished with all requisite information for the above purpose.

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

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

{p.303}

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 27, 1863.

Capt. H. M. LAZELLE, Assistant to Commissary-General of Prisoners.

CAPTAIN: You will proceed immediately to Camp Parole, near Annapolis, and make a minute inspection into its condition in every branch of the service-discipline, supplies, quarters, records, &c. Ascertain what provision is made at Annapolis for the reception of paroled troops arriving there by water under orders to repair to Camp Parole. You will particularly inquire into the matter referred to in the accompanying papers.* Having performed this service you will return to your duties in this office.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

* Not found.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 27, 1863.

Capt. H. M. LAZELLE, Asst. to Commissary-General of Prisoners, Washington, D. C.

CAPTAIN: I intended to make some verbal suggestions to you in relation to the inspection you are to make at Camp Parole which as I will not see you again before you leave I will put in writing. It is frequently said that soldiers are encouraged by the officers to leave the camp and go to their homes without authority. Make particular inquiries into this matter of officers and non-commissioned officers. Send for sergeants of Illinois regiments and ascertain what statements they make as to the manner of their treatment on arriving at Annapolis. Of course you will see what preparations are made for their reception, and from Colonel Sangster’s report will know if there is any foundation for their complaints. Examine into the manner in which guard duty is done and find if my instructions on this subject are observed. Look into the condition of the camp fund and see what purchases are made from it. Inspect the hospital and see that the sick are comfortably provided for. Your orders cover all these points and I suggest them only that none may be lost sight of.

Yours, very truly,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 27, 1863.

WILLIAM B. SMITH, Esq., Machias, Me

SIR: In reply to your letter of the 16th instant requesting the exchange of the captain and crew of the brig Machias, of Machias, Me., who were captured near the Island of Cuba by the rebel steamer Sumter July last and released on parole I have to inform you that since my letter to you of the 31st ultimo I have learned from Lieutenant-Colonel Ludlow, agent for the exchange of prisoners, that the eighth section of General Orders, No. 10, is intended to cover on our side {p.304} all seamen captured by rebel vessels on the waters referred to, and under this construction the captain and crew of the brig Machias are exchanged.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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WAR DEPARTMENT, Washington, February 28, 1863.

Brigadier-General PATRICK, Provost-Marshal-General, Army of the Potomac:

Send to this Department under guard Arnold Harris,* recently arrested in Maryland, with his papers, horse and all his property.

By order of the Secretary of War:

P. H. WATSON, Assistant Secretary of War.

* For case of Arnold Harris, see Vol. II, this Series, p. 1515 et seq. See p. 298.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., February 28, 1863.

Hon. E. M. STANTON, Secretary of War.

SIR: I have the honor to transmit a report of the examination of political prisoners by Judge Pierrepont and myself under your order of the 27th February, 1862, and of the disposition made of the cases acted upon by us. The minutes of the proceedings and the testimony having been forwarded to you by the judge, there are a few details in regard to the cases disposed of at Fort McHenry which I am unable to furnish and for which I respectfully refer to the papers in your possession.

I am, very respectfully, your obedient servant,

JOHN A. DIX, Major-General.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 28, 1863.

Lieut. Col. W. H. LUDLOW, Agent for Exchange of Prisoners, New York City.

COLONEL: Your letter of the 25th instant is received and in accordance with your request I have asked that the prisoners of war held at Fort Lafayette by order of the Secretary of the Navy may be placed at my disposal for exchange. In reply I am furnished by Mr. Fox, Assistant Secretary of the Navy, with a copy of a letter addressed by the Secretary of the Navy to the Secretary of War, a copy I of which I inclose herewith, from which you will perceive that the Secretary of the Navy for reasons which he gives declines to consent to the exchange of the prisoners referred to. Mr. Fox stated to me in conversation that pilots are rated as officers and inasmuch as the rebels have retained our naval officers they feel at liberty to detain others of like class. I am at a loss to know how to consider rebel officers who were captured in Virginia and Maryland previous to the date of your last interview with Mr. Ould and who are now in our hospitals. There is nothing in Order No. 10 to meet such cases nor is there anything {p.305} in Mr. Ould’s declaration as published in the Herald to meet the case. I understand from what you said to me that all such prisoners have been exchanged but to make sure I wish you would write me on the subject at your earliest convenience. I will consult the Secretary of War in relation to the exchange of Zarvona and if approved will have him accompany the other prisoners. I will also have it decided whether the two men in [the] penitentiary at Albany can be exchanged. My last report from Fort Delaware gives only some fifteen or twenty enlisted rebel prisoners. I will send down from this city, Fort McHenry and Fort Delaware all enlisted persons for exchange as soon as the number is large enough to make it advisable.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., February 28, 1863.

Capt. E. L. WEBBER, Commanding Camp Chase Prison, Columbus, Ohio.

CAPTAIN: If there are officers or enlisted men belonging to the rebel Army held as prisoners of war at Camp Chase who are embraced in any of the classes declared exchanged in General Orders, No. 10, they will be sent beyond our lines by the earliest opportunity. Report to General Wright how many there are and ask when and by what route they can be forwarded. Say to Lieut. J. H. Jones, Twenty-fourth Alabama Regiment, that you have received these instructions.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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HEADQUARTERS COMMANDANT OF PRISONS, Camp Chase, Ohio, February 28, 1863.

Capt. H. M. LAZELLE, Assistant to Commissary-General of Prisoners, Washington.

CAPTAIN: I have the honor of addressing you for the purpose of asking information on several subjects:

1. The rebel commissioned officers confined here are receiving large remittances of money from their friends and as the money costs nothing but the asking for it they are very lavish in expending it. There are many of them who wish to purchase uniforms; expensive cloth that could be readily turned into uniforms when they get back to the South, and large supplies of extra clothing that they cannot obtain in the South; also the best quality of boots. I am at a loss to know where to draw the line in this respect. My judgment is that they should be permitted to buy sufficient to keep them comfortable and nothing to carry away with them. Should a man who has a comfortable suit and a change of underclothing be permitted to buy other clothing? Shall I permit friends to furnish unnecessary articles of clothing to prisoners? Also should the prisoners be permitted to purchase any articles of food or should any delicacies be given them by their friends? There is much talk upon this subject and I should be thankful for your opinion and instructions.

{p.306}

2. There are three female prisoners here, sent from Nashville by order of General Rosecrans. They are charged with aiding the rebels and carrying contraband articles across our line. The evidence against them is here. We have poor facilities for female prisoners. What shall be done with them? Shall their cases be turned over to Special Commissioner Galloway for investigation?

Very respectfully, captain, your obedient servant,

EDWIN L. WEBBER, Captain, Commanding Prisons.

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CAMP CHASE, February 28, 1863.

Col. WILLIAM HOFFMAN, Commissary-General of Prisoners, Washington City.

SIR: I have the honor respectfully to call your attention to the following statement: On the 23d of October, 1862, I was appointed by the direction of Captain Freedley, assistant commissary-general of prisoners, provost-marshal of prisons in this camp. In such capacity I have acted as such, without any specific instructions being given to me that would guide me in the performance of any duty that might arise of an extraordinary nature incident to the confinement of such a large number of prisoners as are now here. In view of the above fact I would respectfully ask you to give me instructions on the following points, viz:

1. Would it be my duty as provost-marshal to permit friends or prisoners themselves to purchase such articles of clothes that would on their return to the South answer for a uniform in the rebel army?

2. Would it be inconsistent with the dignity of the United States to require every person who has interviews with prisoners to take an oath of allegiance previous to the interview.

To my first question I would state that the numerous friends of the rebels in the North send here daily large boxes, trunks and packages of clothing and other articles that cannot be purchased in the South except at a large sum. To my second question I would state that of the numerous interviews held with the prisoners but few who desire the interview are in speech and actions any more loyal than the prisoners.

In view of the above facts and as a loyal officer striving to aid his Government be kind enough to give me the necessary information that I may be guided hereafter.

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

JAMES C. HENLEY, Lieutenant, Company A, Battalion Governor’s Guards.

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GENERAL ORDERS, No. 49.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, February 28, 1863.

I. The following rules in regard to paroles established by the common law and usages of war are published for the information of all concerned:

1. Paroling must always take place by the exchange of signed duplicates of a written document in which the name and rank of the parties paroled are correctly stated. Any one who intentionally misstates his rank forfeits the benefit of his parole and is liable to punishment.

2. None but commissioned officers can give the parole for themselves or their commands, and no inferior officer can give a parole without the authority of his superior if within reach.

{p.307}

3. No paroling on the battle-field. No paroling of entire bodies of troops after a battle and no dismissal of large numbers of prisoners with a general declaration that they are paroled is permitted or of any value.

4. An officer who gives a parole for himself or his command on the battle-field is deemed a deserter and will be punished accordingly.

5. 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.

6. No non-commissioned officer or private can give his parole except through an officer. Individual paroles not given through an officer are not only void but subject the individuals giving them to the punishment of death as deserters. The only admissible exception is where individuals properly separated from their commands have suffered long confinement without the possibility of being paroled through an officer.

7. No prisoner of war can be forced by the hostile Government to pledge his parole, and any threat or ill-treatment to force the giving of the parole is contrary to the law of war.

8. No prisoner of war can enter into engagements inconsistent with his character and duties as a citizen and a subject of his State. He can only bind himself not to bear arms against his captor for a limited period, or until he is exchanged, and this only with the stipulated or implied consent of his Government. If the engagement which he makes is not approved by his Government he is bound to return and surrender himself as a prisoner of war. His own Government cannot at the same time disown his engagement and refuse his return as a prisoner.

9. No one can pledge his parole that he will never bear arms against the Government of his captors, nor that he will not bear arms against any other enemy of his Government not at the time the ally of his captors. Such agreements have reference only to the existing enemy and his existing allies and to the existing war and not to future belligerents.

10. While the pledging of the military parole is a voluntary act of the individual the capturing power is not obliged to grant it, nor is the Government of the individual paroled bound to approve or ratify it.

11. Paroles not authorized by the common law of war are not valid until approved by the Government of the individual so pledging his parole.

12. The pledging of any unauthorized military parole is a military offense punishable under the common law of war.

II. This order will be published at the head of every regiment in the service of the United States and will be officially communicated by every general commanding an army in the field to the commanding general of the opposing forces and will be hereafter strictly observed and enforced in the armies of the United States*

By order of Maj. Gen. H. W. Halleck:

L. THOMAS, Adjutant-General.

* This order was printed in circular form by General J. E. Johnston, through his assistant adjutant-general, Benjamin S. Ewell, and “published for the information of General Johnston’s command.”

{p.308}

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AQUIA CREEK, March 1, 1863.

P. H. WATSON, Assistant Secretary of War:

By direction of Brigadier-General Patrick, provost-marshal-general, Army of the Potomac, I forward in charge of guard Arnold Harris, citizen, to report to you. The guard and prisoner left this place on the steamer John Brooks at 1.30 p.m. and will arrive at Washington at 4.30 p.m. to-day.

J. W. FORSYTH, Captain and Provost-Marshal.

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SPRINGFIELD, ILL., March 1, 1863.

COMMISSARY-GENERAL OF PRISONERS:

Camp Butler well conducted. Leave for Chicago to-morrow unless otherwise instructed.

H. W. FREEDLEY.

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BEFORE VICKSBURG, March 2, 1863.

Lieut. Gen. J. C. PEMBERTON, Commanding Department of Mississippi and East Louisiana:

Maj. Gen. C. L. Stevenson’s letter of the 24th ultimo written at your dictation was received last evening. This letter inclosed what purports to be a copy of an order issued by Admiral D. D. Porter to his squadron and makes inquiry if it is authentic.

I will state that Admiral Porter’s command over the Mississippi squadron is as complete as mine over the army in this department and that he alone is responsible for any orders he may issue. One thing, however, I can guarantee: Admiral Porter has never departed from the rules of civilized warfare and never will until driven to do so in retaliation for offenses committed by persons who by their acts cease to be entitled to the treatment due soldiers captured in legitimate warfare.

There has been much done by the citizens of the Southern States that is not in accordance with any known rules of civilized warfare and for which they individually are responsible and can call for protection in their acts upon no people or Government. These are persons who are always in the guise of citizens, and on the approach of an armed force remain at their homes professing to be in no way connected with the army but entitled to all the indulgences allowed non-combatants in a country visited by an opposing army. These same persons, many of them, are ever ready to fire upon unarmed vessels and to capture and sometimes murder small parties of Federal soldiers who may be passing. I do not here instance an isolated case but a rule that seems to have been adopted, particularly in Mississippi and Arkansas. In the absence of any standard authority on this subject I believe all persons engaged in war must have about them some insignia by which they may be known at all times as an enemy to entitle them to the treatment of prisoners of war. Then their hostilities must be carried on in accordance with the rules of civilized warfare.

In the absence of these two conditions being fulfilled they who violate them become responsible for their own acts.

I have never threatened retaliation upon those recognized as engaged in warfare against the Government for these illegal acts, and until the {p.309} Southern authorities formally recognize them as their own do not propose to do so. It is not my intention nor do I believe it to be the intention of Admiral Porter to hold the innocent responsible for the acts of the guilty.

I regret that General Stevenson’s letter whilst making inquiries should contain a threat. I have yet to hear for the first time of such a course securing any alleviation from the hardships necessarily produced by a state of war.

All prisoners that have fallen into my hands have been kindly and humanely treated.

Unprincipled and over-zealous persons many times may exaggerate unavoidable suffering but a sensible commander will always know how to receive such reports.

I will refer General Stevenson’s letter to Admiral Porter who alone can answer the queries.

U. S. GRANT, Major-General.

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U. S. MISSISSIPPI SQUADRON, Near Vicksburg, March 2, 1863.

Maj. Gen. U. S. GRANT, &c.

GENERAL: On consideration I thought it best to write the inclosed letter (a copy of which I send you) in answer to General Pemberton.

I don’t think he will gain any great consolation from it and it may enlighten him on the subject of civilized warfare.

Very respectfully, &c.,

DAVID D. PORTER, Acting Rear-Admiral, Commanding Mississippi Squadron.

[Inclosure.]

U. S. MISSISSIPPI SQUADRON, Near Vicksburg, March 2, 1863.

Maj. Gen. C. L. STEVENSON, Vicksburg, Miss.

SIR: Major-General Grant, commanding this department, has handed me a communication from you written by authority of General Pemberton, commanding Department of Mississippi and East Louisiana. I might very properly object to notice it, as all communications relating to the Mississippi Squadron should be addressed to me as commander-in-chief of the naval department on the Mississippi River. I decline, however, to stand on a point of etiquette.

I inclose* you a communication I wrote to one of my officers in relation to the notice your general has taken exceptions to; it will fully explain my views on this subject.

No one is more desirous than myself that operations within the limits of my command should be conducted in accordance with the usages of war, of humanity and of civilization, which sentiment I am pleased to see is expressed by yourself. I can see no easier way to arrive at the desired end than by putting a stop to the inhuman practice of firing on unarmed vessels and peaceful citizens.

I am quite satisfied that it is not civilized for parties who are overseer civilians one day (trading with our people) and soldiers the next {p.310} to be traveling around the country firing upon hospital vessels and river steamers. The hospital vessel of this squadron was attacked in sight of me and a volley of musketry fired into the windows while she had on board and being attended with all care some of the wounded prisoners taken at the Post of Arkansas.

A few days since a band of armed desperadoes jumped on the deck of the tug Hercules and killed in cold blood some of the unoffending crew. Men lurk in the woods without a flag or distinguishing mark and fire at any human being they may see on the deck of a steamer without caring or knowing whether it is friend or foe they are about to murder, and this we are called upon to recognize as civilized warfare. If, sir, you call this carrying on war in a civilized manner we differ very widely in our opinions.

If those who profess to be your followers make war on us after the manner of highwaymen I see no reason why they should be treated with that courtesy and kindness which I believe I have the reputation of extending to all prisoners captured in honorable warfare.

I think on due consideration that you will find I have announced no principle not strictly in accordance with the usages of civilized warfare. In this respect I endeavor to set an example of moderation that it would be well to follow. I have enjoined upon every person under my command to exact the strictest obedience to my order against pillaging or injuring the property of persons on the rivers, and while doing all I can to avert the calamities of war I intend to exact a strict compliance with the usages of war, of humanity and of civilization. If persons claiming to be soldiers deviate from them they can scarcely expect to be treated to any of the amenities of war and their leaders should not claim for them more than they expect themselves.

In this matter of firing on unarmed vessels no good results have arisen. On the contrary it has led to a system of retaliation where unfortunately the guilty parties did not always suffer. It has led to perfect demoralization and brought to the river-banks a set of desperadoes who plunder alike both friend and foe.

This system can do no good toward ending this war and is only destructive to those who had no hand in making it. If General Pemberton is desirous that the war should be conducted on the principle of humanity and civilization all he has to do is to issue an order to stop guerrilla warfare. He can exercise his judgment with regard to any retaliatory measures he may think proper to institute. I presume our soldiers and sailors could easily prepare themselves for any ordeal they might be subjected to and we might hope to see our country aroused at last to a sense of the injuries inflicted upon it.

Very respectfully,

DAVID D. PORTER, Acting Rear-Admiral, Commanding Mississippi Squadron.

* Not found.

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WASHINGTON, March 2, 1863.

Lieut. Col. F. A. DICK:

Send here for exchange 150 [citizen] prisoners. See my telegram of 14th ultimo. Send to me rolls with charges and sentences. Reply.

W. HOFFMAN, Commissary-General of Prisoners.

{p.311}

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HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans March 2, 1863.

Brig. Gen. T. W. SHERMAN, Commanding Defenses of New Orleans.

SIR: To avoid the possibility of a misunderstanding on so important a point the commanding general directs me to state that the prisoners of war belonging to the Forty-second Massachusetts who came down on the Iberville are, with the exception of the chaplain, paroled but not exchanged. The chaplain is unconditionally released. The conditions of the parole are thus stated in the fourth article of the cartel between the United States and the enemy promulgated in General Orders, No. 146, of 1862, from the War Department, Adjutant-General’s Office:

The surplus 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 fieldwork 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 under the provisions of the cartel.

Very respectfully, your most obedient servant,

[RICHARD B. IRWIN,] Lieutenant-Colonel and Assistant Adjutant-General.

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OFFICE PROVOST-MARSHAL-GENERAL, Saint Louis, Mo., March 2, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

COLONEL: I desire to submit to your consideration the matter of rebel prisoners of war now within the department and that have recently passed through here. On the 12th of December I forwarded from here toward Cairo 82 prisoners of war for exchange at Vicksburg and on the 5th January 63 others. These were never exchanged, as when the boat containing about 1,100 prisoners (the 82 of December 12 among the others) which had been sent from Cairo reached Vicksburg Admiral D. D. Porter would not permit the prisoners to hand on account of the battle then going on and they were ordered up to Helena. From Helena they were sent up to Memphis, thence to Cairo, thence hither, and I having no accommodation for them here by orders from General Curtis sent them to Alton. Since that time all the Arkansas Post prisoners have passed through Saint Louis, the sick only being left here, and have gone to Camp Butler, Springfield, Ill., and Camp Douglas, Chicago. There were about 4,000 of them I think. I was never furnished with complete rolls. I have here 200 other prisoners of war for exchange and last week sent up to Alton about 200 more, not having room for them here. I am constantly written to by the prisoners inquiring concerning their exchange and can only answer by saying that they will go by the first exchange. By the terms of the cartel all prisoners of war if not exchanged are to be paroled within ten days and yet here are those I have mentioned now confined many weeks beyond the stipulated time. I do not feel authorized in paroling these men and respectfully request that some means be taken to rid our prisons and camps of those who under the cartel are entitled to their liberty so far as we are concerned. May I request your early attention to this subject, colonel, and that I may be informed concerning the prospect of an exchange?

Very respectfully, your obedient servant,

F. A. DICK, Lieutenant-Colonel and Provost-Marshal-General.

{p.312}

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HEADQUARTERS PROVOST-MARSHAL’S OFFICE, Washington, D. C., March 2, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners:

I have the honor to inform you that there are at present confined in the Old Capitol Prison 160 prisoners of war for exchange excluding officers and those held for other purposes.

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

HENRY B. TODD, Captain and Provost-Marshal.

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An act of the U. S. Congress approved March 3, 1863, relating to habeas corpus, &c.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That during the present rebellion the President of the United States whenever in his judgment the public safety may require it is authorized to suspend the privilege of the writ of habeas corpus in any case throughout the United States or any part thereof. And whenever and wherever the said privilege shall be suspended as aforesaid no military or other officer shall be compelled in answer to any writ of habeas corpus to return the body of any person or persons detained by him by authority of the President; but upon a certificate under oath of the officer having charge of any one so detained that such person is detained by him as a prisoner under authority of the President further proceedings under the writ of habeas corpus shall be suspended by the judge or court having issued the said writ so long as said suspension by the President shall remain in force and said rebellion continue.

SEC. 2. And be it further enacted, That the Secretary of State and the Secretary of War be and they are hereby directed as soon as may be practicable to furnish to the judges of the circuit and district courts of the United States and of the District of Columbia a list of the names of all persons, citizens of States in which the administration of the laws has continued unimpaired in the said Federal courts, who are now or may hereafter be held as prisoners of the United States by order or authority of the President of the United States or either of said Secretaries in any fort, arsenal or other place as State or political prisoners or otherwise than as prisoners of war; the said list to contain the names of all those who reside in the respective jurisdictions of said judges or who may be deemed by time said Secretaries or either of them to have violated any law of the United States in any of said jurisdictions, and also the date of each arrest-the Secretary of State to furnish a list of such persons as are imprisoned by the order or authority of the President acting through the State Department and the Secretary of War a list of such as are imprisoned by the order or authority of the President acting through the Department of War. And in all cases where a grand jury having attended any of said courts having jurisdiction in the premises after the passage of this act and after the furnishing of said list as aforesaid has terminated its session without finding an indictment or presentment or other proceeding against any such person, it shall be the duty of the judge of said court forthwith to make an order that any such prisoner desiring a discharge from said imprisonment be brought before him to be discharged; and every officer of the United States having custody of such prisoner is hereby directed {p.313} immediately to obey and execute said judge’s order; and in case he shall delay or refuse to do so he shall be subject to indictment for a misdemeanor, and be punished by a fine of not less than $500 and imprisonment in the common jail for a period not less than six months, in the discretion of the court: Provided, however, That no person shall be discharged by virtue of the provisions of this act until after he or she shall have taken an oath of allegiance to the Government of the United States and to support the Constitution thereof, and that he or she will not hereafter in any way encourage or give aid and comfort to the present rebellion or the supporters thereof: And provided, also, That the judge or court before whom such person may be brought before discharging him or her from imprisonment shall have power on examination of the case and if the public safety shall require it shall be required to cause him or her to enter into recognizance with or without surety in a sum to be fixed by said judge or court to keep the peace and be of good behavior toward the United States and its citizens, and from time to time and at such times as such judge or court may direct appear before said judge or court to be further dealt with according to law as the circumstances may require. And it shall be the duty of the district attorney of the United States to attend such examination before the judge.

SEC. 3. And be it further enacted, That in case any such prisoners shall be under indictment or presentment for any offense against the laws of the United States and by existing laws bail or a recognizance be taken for the appearance for trial of such persons it shall be the duty of said judge at once to discharge such persons upon bail or recognizance for trial as aforesaid. And in case the said Secretaries of State and War shall for any reason refuse or omit to furnish the said list of persons held as prisoners as aforesaid at the time of the passage of this act within twenty days thereafter, and of such persons as hereafter may be arrested within twenty days from the time of the arrest, any citizen may after a grand jury shall have terminated its session without finding an indictment or presentment as provided in the second section of this act by a petition alleging the facts aforesaid touching any of the persons so as aforesaid imprisoned, supported by the oath of such petitioner or any other credible person, obtain and be entitled to have the said judge’s order to discharge such prisoner on the same terms and conditions prescribed in the second section of this act: Provided, however, That the said judge shall be satisfied such allegations are true.

SEC. 4. And be it further enacted, That any order of the President or under his authority made at any time during the existence of the present rebellion shall be a defense in all courts to any action or prosecution, civil or criminal, pending or to be commenced for any search seizure, arrest or imprisonment made, done or committed or acts omitted to be done under or by virtue of such order, or under color of any law of Congress; and such defense may be made by special plea or under the general issue.

SEC. 5. And be it further enacted, That if any suit or prosecution, civil or criminal, has been or shall be commenced in any State court against any officer, civil or military, or against any other person for any arrest or imprisonment made or other trespasses or wrongs done or committed or any act omitted to be done at any time during the present rebellion by virtue or under color of any authority derived from or exercised by or under the President of the United States or any act of Congress, and the defendant shall at the time of entering his {p.314} appearance in such court or if such appearance shall have been entered before the passage of this act, then at the next session of the court in which such suit or prosecution is pending file a petition stating the facts and verified by affidavit for the removal of the cause for trial at the next circuit court of the United States to be holden in the district where the suit is pending, and offer good and sufficient surety for his filing in such court on the first day of its session copies of such process and other proceedings against him, and also for his appearing in such court and entering special bail in the cause if special bail was originally required thereon, and it shall then be the duty of the State court to accept the surety and proceed no further in the cause or prosecution and the bail that shall have been originally taken shall be discharged. And such copies being filed as aforesaid in such court of the United States the cause shall proceed therein in the same manner as if it had been brought in said court by original process, whatever may be the amount in dispute or the damages claimed or whatever the citizenship of the parties, any former law to the contrary notwithstanding.

And any attachment of the goods or estate of the defendant by the original process shall hold the goods or estate so attached to answer the final judgment in the same manner as by the laws of such State they would have been holden to answer final judgment had it been rendered in the court in which the suit or prosecution was commenced. And it shall be lawful in any such action or prosecution which may be now pending or hereafter commenced before any State court whatever for any cause aforesaid after final judgment for either party to remove and transfer by appeal such case during the session or term of said court at which the same shall have taken place from such court to the next circuit court of the United States to be held in the district in which such appeal shall be taken in manner aforesaid. And it shall be the duty of the person taking such appeal to produce and file in the said circuit court attested copies of the process, proceedings and judgment in such cause; and it shall also be competent for either party within six months after the rendition of a judgment in any such cause by writ of error or other process to remove the same to the circuit court of the United States of that district in which such judgment shall have been rendered; and the said circuit court shall thereupon proceed to try and determine the facts and the law in such action in the same manner as if the same had been there originally commenced, the judgment in such case notwithstanding. And any bail which may have been taken or property attached shall be holden on the final judgment of the said court in such action in the same manner as if no such removal and transfer had been made as aforesaid. And the State court from which any such action, civil or criminal, may be removed and transferred as aforesaid upon the parties giving good and sufficient security for the prosecution thereof shall allow the same to be removed and transferred, and proceed no further in the case: Provided, however, That if the party aforesaid shall fail duly to enter the removal and transfer as aforesaid in the circuit court of the United States agreeably to this act the State court by which judgment shall have been rendered and from which the transfer and removal shall have been made as aforesaid shall be authorized on motion for that purpose to issue execution and to carry into effect any such judgment the same as if no such removal and transfer had been made: And provided also, That no such appeal or writ of error shall be allowed in any criminal action or prosecution where final judgment shall have been rendered in favor of the defendant or respondent by the State court. And if in any suit hereafter commenced the {p.315} plaintiff is nonsuited or judgment passed against him the defendant shall recover double costs.

SEC. 6. And be it further enacted, That any suit or prosecution described in this act in which final judgment may be rendered in the circuit court may be carried by writ of error to the Supreme Court whatever may be the amount of said judgment.

SEC. 7. And be it further enacted, That no suit or prosecution, civil or criminal, shall be maintained for any arrest or imprisonment made or other trespasses or wrongs done or committed or act omitted to be done at any time during the present rebellion by virtue or under color of any authority derived from or exercised by or under the President of the United States or by or under any act of Congress unless the same shall have been commenced within two years next after such arrest, imprisonment, trespass or wrong may have been done or committed or act may have been omitted to be done: Provided, That in no case shall the limitation herein provided commence to run until the passage of this act, so that no party shall by virtue of this act be debarred of his remedy by suit or prosecution until two years from and after the passage of this act.

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WAR DEPARTMENT, Washington, March 3, 1863.

Hon. GIDEON WELLES, Secretary of the Navy.

SIR: The Secretary of War directs me to inform you that in compliance with the request made in your letter of the 28th ultimo the Adjutant-General has been ordered to detail Brigadier-General Totten as an associate with Rear-Admiral Shubrick and Commodore Davis, of the Navy, for the consideration of the case of paroling of the officers and men of the U. S. steamer Mercedita off Charleston, S. C., during the late attack from the rebels.

Very respectfully, your obedient servant,

P. H. WATSON, Assistant Secretary of War.

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HEADQUARTERS CAMP OF INSTRUCTION, Benton Barracks, Mo., March 3, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners, Washington, D. C.

SIR: I have the honor to herewith transmit returns of the paroled men at this post for the month of February, 1863, as required by your instructions, containing 105 commissioned officers present; 2 commissioned officers, without heave, absent; 1,440 enlisted men present; 624 enlisted men, without leave, absent; 2,171 aggregate present and absent.

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

B. L. E. BONNEVILLE, Colonel, U. S. Army, Commanding.

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HEADQUARTERS U. S. FORCES, Columbus, Ohio, March 3, 1863.

Maj. N. H. MCLEAN, Assistant Adjutant-General and Chief of Staff, Cincinnati, Ohio.

SIR: I have the honor to inclose you the report of the provost-marshal at Camp Chase in respect to the too great indulgence allowed {p.316} to Confederate prisoners. You will observe from this report that these prisoners are under the direct and immediate control of Colonel Hoffman, commissary-general of prisoners, and that we have no authority in the premises.

By order of Brigadier-General Cooper:

WM. VON DOEHN, Assistant Adjutant-General.

[Inclosure.]

PROVOST-MARSHAL’S OFFICE, Camp Chase, Ohio, February 25, 1863.

Brigadier-General COOPER, Commanding U. S. Forces, Columbus, Ohio.

SIR: In reply to the inclosed letter* I have the honor to report that prisoners of war in this camp have been and are allowed to purchase from the sutler such articles as the following-hams, flour, molasses, canned fruits, apples, pies, cakes, raisins, nuts, clothing, boots and shoes, tobacco, &c., besides the other minor articles which a sutler usually keeps. They are also allowed the few delicacies which sympathizing friends furnish. I cannot learn that a copy of General Rosecrans’ order relating to this matter has ever been sent here, or that it applies in this camp. The provost-marshal of Camp Chase has nothing to do with the prison. It is under the control of Captain Webber and Provost-Marshal of Prisoners Lieutenant Henley, the whole being subject to Colonel Hoffman at Washington.

Very respectfully, your obedient servant,

C. W. STEWART, First Lieutenant and Provost-Marshal. Camp Chase.

* See Campbell to Rosecrans, p. 265, ante.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C.. March 3, 1863.

Lieut. Col. GEORGE SANGSTER, Commanding Camp Parole, Annapolis, Md.

COLONEL: I am directed by the commissary-general of prisoners to say in answer to communications received that furloughs cannot be granted to soldiers on parole except in extreme cases.

Very respectfully, your obedient servant,

W. T. HARTZ, Captain and Assistant Adjutant-General.

(Same to Col. R. A. Constable, Seventy-fifth Ohio Volunteers, Washington, D. C.)

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe. Va.. March 4, 1863.

General WINDER, Richmond.

GENERAL: I send by Captain Mulford, U. S. Volunteers, with the flag-of-truce boat which leaves for City Point to-day a portrait of Washington and request that it may be restored to its owner. The inclosed correspondence* (copies of letters numbered 1, 2 and 3) will explain the circumstances under which the picture was taken and is now sent to you for restoration to the owner.

I am, general, very respectfully, yours,

JOHN A. DIX, Major-General.

* Not found.

{p.317}

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SAINT LOUIS, March 4, 1863.

Colonel HOFFMAN:

I have this day sent 150 citizen prisoners in compliance with your last orders. They go to Washington via Pittsburg in charge of Captain Dean, additional aide-de-camp.

F. A. DICK, Lieutenant-Colonel and Provost-Marshal-General.

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OFFICE PROVOST-MARSHAL-GENERAL, Saint Louis, Mo., March 4, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: I send forward to-day under guard in response to your telegraphic orders of the 2d instant and 14th ultimo 150 citizen prisoners. The charges against them are entered opposite their names in the column of remarks. In nearly every case these charges are based upon the voluntary statements of the prisoners made upon a personal examination in accordance with the form* herewith inclosed. In those cases in which the remark is made, “evidence on file,” the evidence referred to is that of witnesses filed in this office. In no case is a prisoner sent forward upon this list who could with safety or propriety be enlarged in this department. Some of the worst cases are those who have been arrested for refusal to enroll in the Missouri militia. They are traitors at heart who wish to enjoy the protection of the Government here and yet will not take any part in defending this State from the rebel invasion.

I have the honor to remain, colonel, very respectfully, your obedient servant,

F. A. DICK, Lieut. Col. and Provost-Marshal-General, Dept. of the Missouri.

* Not found.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington. D. C., March 4, 1863.

Capt. EDWIN L. WEBBER, Commandant of Prison, Camp Chase, Ohio.

CAPTAIN: Your letter of February 28, 1863, addressed to Capt. H. M. Lazelle, assistant to commissary-general of prisoners, was received, and I am directed by the commissary-general of prisoners to say in answer to same that the indulgences therein mentioned should not be allowed. Rebel officers are not to have any more clothing than what they actually require for immediate and actual use and which must be of a quality such as to insure its not lasting for any length of time on their return to the South. As to their boots or shoes, they may be of the commonest quality or rather of a quality that will suffice but for immediate use. They are not to be allowed to purchase uniform clothing of any kind or have it or anything in that line furnished by their friends. They will be allowed to purchase a moderate or reasonable allowance of food or delicacies, and those who are too poor to purchase may have it furnished by their friends in reasonable quantities. Regulations made by the commissary-general of prisoners in June last show under what circumstances money may be received and expended. Orders {p.318} have been sent in relation to general prisoners. All communications to this office must be addressed to the commissary-general of prisoners.

Very respectfully, your obedient servant,

W. T. HARTZ, Captain and Assistant Adjutant-General.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., March 4, 1863.

J. N. CHESTER, Esq., Box 2766, New York Post-Office.

DEAR SIR: Your letter of the 25th was duly received and I am directed by the commissary-general of prisoners to inform you that all officers captured subsequent to December 13, 1862, are to be held until a further understanding or until arrangements can be made for exchange.

Very respectfully, your obedient servant,

W. T. HARTZ, Captain and Assistant Adjutant-General.

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SPECIAL ORDERS, No. 103.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, March 4, 1863.

...

XXXII. Brig. Gen. Joseph G. Totten, U. S. Volunteers, is hereby detailed as an associate with Rear-Admiral Shubrick and Commodore Davis, of the Navy, for the consideration of the case of the paroling of the officers and men of the U. S. steamer Mercedita, off Charleston, S. C., during the late attack from the rebels.

...

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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[MARCH 5, 1863.-For records relating to the affair at Thompson’s Station, Tenn., and the capture of the Union forces under Col. John Coburn, see Series I, Volume XXIII, Part I, p. 73 et seq. Also, see Part II, same volume, for correspondence relating to Coburn’s operations.]

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EXECUTIVE DEPARTMENT, Wheeling, March 5, 1863.

Col. W. HOFFMAN, Washington, D. C.

DEAR SIR: I am anxious to know if any progress has been made in the exchange of non-combatants now in custody on the Federal and Confederate side. I have frequent letters and requests from parties interested and have little information to give them, and am eager to arrest more hostages if I can [not?] get the exchanges made. I don’t desire to make arrests. I see from information I received from Richmond that Doctor Hughes has got to Richmond. I don’t understand how this was done without the release of Trout. Trout was a member {p.319} of the loyal Legislature of Virginia and was captured last fall and taken to Richmond. I supposed I had done everything to have him placed against Hughes but all failed and Trout is still in a loathsome jail.

I am, yours, &c.,

F. H. PEIRPOINT.

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MURFREESBOROUGH, TENN., March 5, 1863.

Maj. Gen. H. W. HALLECK, General-in-Chief:

Your letter of February 27 in regard to General Orders, No. 14, of this Department, is just received. I desire to ask if the objection to that order rests on the ground that notice has not been given to the enemy or to our own army. I wrote to General Bragg December 11 that though his mode of paroling the Hartsville prisoners was irregular I would let it pass for that time, but that thereafter no parole would be recognized that was not made in accordance with the terms of the cartel. There has been great abuse in the mode of paroling and the most stringent measures are necessary to prevent our men from being paroled so as to escape duty. I respectfully suggest that sufficient notice has been given to the enemy, and that the discipline of this army will suffer if the men irregularly paroled since that notice are [not] returned to duty.

W. S. ROSECRANS, Major-General, Commanding.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., March 5, 1863.

Lieut. Col. GEORGE SANGSTER, Commanding Camp Parole, Annapolis, Md.

COLONEL: You will without delay forward to Camp Chase, Columbus, Ohio, and Benton Barracks, Saint Louis, Mo., all the paroled troops at Camp Parole including those in the general hospital at Annapolis who are recommended for the transfer by the surgeon in charge belonging to regiments serving in the West in accordance with General Orders, No. 72, of June 28, 1862. Furnish the command with cooked rations for the route and send as full rolls by companies and regiments as possible with the officer in charge. Apply to Colonel Waite, commanding at Annapolis, for five officers and seven non-commissioned officers to conduct the detachment, three officers and four non-commissioned officers to go to Camp Chase, and two of the former and three of the latter to Benton Barracks. These officers will return to their proper station after performing this duty. The Quartermaster’s Department will furnish the necessary transportation.

By order of the General-in-Chief:

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE PROVOST-MARSHAL-GENERAL, Saint Louis, Mo., March 5, 1863.

Col. W. HOFFMAN, Third Infty., Commissary-General of Prisoners, Washington.

COLONEL: Yesterday as you have already been informed by telegram and letter I sent in obedience to your orders 150 citizen prisoners for exchange to Washington City.

{p.320}

There remain of the guerrilla and irregular prisoners, many of them captured last fall and others along with them in prison, a large number of similar cases.

For the release of many of these prisoners a great influence and pressure is brought to bear. Many of them fall into bad health, the circumstances of the families of others excite the sympathies of their neighbors and other circumstances combine to induce great efforts to release these prisoners.

I believe that some of them ought to be released, but a large proportion of them are as obstinate rebels as they ever were and it will not be safe to enlarge such characters while the war lasts. I respectfully suggest that such prisoners be passed through the lines to be exchanged.

A considerable number of such irregular prisoners who are being captured continuously are determined rebels whose purposes no length of imprisonment will change.

Would it not be advisable upon the capture of such men to exchange them at once? To detain them fills our prisons at heavy expense to the Government.

Several rebel mails have been taken in the last few weeks and I find that a large number of women have been actively concerned in both secret correspondence and in carrying on the business of collecting and distributing rebel letters. I have now the evidence upon which these women can be convicted. I have for some time past been thinking of arresting and trying them but the embarrassment is to know what to do with them. Many of them are the wives and daughters of officers in the rebel service; for example, Mrs. Frost, a wealthy, influential woman, wife of the rebel General D. M. Frost; Mrs. McPheeters, wife of a rebel surgeon at Richmond; Mrs. Cook, the wife of a rebel Senator [Representative] from Missouri; Mrs. Polk (and daughters), wife of Trusten Polk, lately of the U. S. Senate, and now in the rebel service as judge I believe; Mrs. Bredell, mother of Captain Bredell, on staff of rebel General Bowen, and very many others.

These women are wealthy and wield a great influence; they are avowed and abusive enemies of the Government; they incite our young men to join the rebellion; their letters are full of encouragement to their husbands and sons to continue the war; they convey information to them and by every possible contrivance they forward clothing and other support to the rebels. These disloyal women, too, seek every opportunity to keep disloyalty alive amongst rebel prisoners. I have been appealed to very many times by our loyal people to know why these disloyal women were not sent through the lines to join their husbands and sons. I respectfully suggest that such an order be issued by the Secretary of War.

Again there is a large number of active, intelligent, wealthy, disloyal men in Saint Louis who keep up a constant intercourse with the rebels in arms and by every means that they dare they urge them on in the rebellion. These men exercise a telling influence upon the rebels in arms and upon the disloyal masses in this State. Open, notorious disloyalty is preferred by these men to even a reputation for neutrality. They abstain from open acts, such as giving money, arms and other supplies, but their secret acts, words, associations and sympathies are unmistakably hostile to the Government and they openly rejoice at our reverses and lament at our victories. Forbearance toward this class of people was first adopted because it was thought that leniency would reform them, but that forbearance has settled into a usage which has produced evil consequences and has led these people to believe that it {p.321} is their “constitutional” right to speak and conspire together as they may choose. The quiet, secret influence of this class is injurious and greatly so. I suggest that they be sent to join their Southern friends if such a course should be approved by the Secretary of War.

I have at last accomplished the work of examining all the old cases of prisoners excepting only those who were too sick to be brought out.

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

F. A. DICK, Lieutenant-Colonel and Provost-Marshal-General.

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EXECUTIVE DEPARTMENT, Springfield, Ill., March 6, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: I have the honor to inclose three communications* from paroled prisoners of war requesting their removal from Annapolis to a camp in this State. The frequency of appeals of this kind impels me to suggest the propriety of having a camp established in this State for the reception and keeping of all paroled prisoners belonging to Illinois regiments until they are exchanged. It is but fair to presume from the tone of the numerous letters received here asking for transfers to camps in Illinois that it is the general wish of these men to be nearer to their homes than they are now. In their opinion they will receive better attention and treatment when in their own State under the immediate supervision and control of their own officers than they do at the places where they are now kept. From section III of General Orders, No. 72, issued June 28, 1862, I infer that it was the intention of the War Department to have the prisoners sent to a camp as near to their respective homes as possible. Why this has not been carried out I cannot conceive. The fact is that more dissatisfaction exists among the paroled prisoners from the cause of their being kept at camps distant from their homes than from any other. After they have endured the hardships of imprisonment while in custody of the enemy they look with joy for the day when they may be allowed to return to the State which they left to fight for their common country and are bitterly disappointed when kept in camps so far from home. The complaints about this are so numerous that I would specially request you to give this matter your special attention. If the location of the camps is under your supervision I wish you to locate one in this State. If the War Department makes the selection I wish you to do all in your power to have the change made and to have the prisoners in the different camps transferred to the one selected.

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

RICHD. YATES, Governor.

* Omitted.

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HEADQUARTERS, Camp Douglas, Ill., March 6, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

SIR: I have the honor herewith to transmit the report* of deaths, releases and deserters of the prisoners of war at Camp Douglas, Chicago, Ill., for the month of February, 1863.

Very respectfully, your most obedient servant,

J. AMMEN, Brigadier-General of Volunteers, Commanding.

{p.322}

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., March 6, 1863.

Brig. Gen. W. W. MORRIS, Commanding Fort McHenry, Baltimore, Md.

GENERAL: I am directed by the Secretary of War to assemble in this city all citizen prisoners whom it is desirable to exchange and I have therefore to request you will forward immediately to the provost-marshal, Eugene Williamson, of Baltimore, and C. J. Thompson, of Queen Anne County, Md. If the charge of being a spy against E. S. Edwards cannot be established by evidence before a court-martial he too had better be forwarded for exchange. Knowing all the circumstances you can better judge of this than I can. If any have been paroled from Fort McHenry and are liable to exchange from having a residence, business or intimate relations with the South please forward them also, with charges, &c. All should arrive here on or before the 13th instant.

Respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., March 6, 1863.

Lieut. Col. D. D. PERKINS, Commanding Fort Delaware, Del.

COLONEL: You will please forward to this city without delay to report to provost-marshal all citizen prisoners in your custody who from being residents of the South or having intimate relations of any kind there are subjects for exchange provided the charges against them are not such as to debar them from this favor. None will be exchanged except those charged with disloyalty in some shape. If there are any charged as spies unless the charge is very specific, with the testimony given on which it is to be established, you will forward them. Please send a roll giving the place, date and cause of arrest with the authority therefor and the place of residence.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., March 6, [1863.]

Lieut. Col. W. H. LUDLOW, Agent for Exchange of Prisoners, Fort Monroe, Va.

COLONEL: Fearing that my letter of the 28th ultimo addressed to New York may not reach you I inclose a copy* herewith.

Since its date I have consulted the Secretary of War in relation to Zarvona and he declines to authorize his exchange. It is also decided not to release the two prisoners in the penitentiary at Albany. The papers already forwarded to you cover this case and justify their detention. If the rebel authorities persist in holding our officers as hostages for these two men such measures will be taken as may be necessary to meet such a state of things.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

* Omitted here. See p. 304.

{p.323}

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CLARKDALE, SAYVILLE, L. I., March 6, 1863.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: I expect to leave here to-morrow and am going to West Point to visit my son, a cadet there. I shall start for Fort Monroe on Tuesday morning. I do not know of any necessity calling me to Washington. Orders have been given for the steamer to be at Washington on Thursday to convey the prisoners to be exchanged to City Point and the officer in charge is directed to report to you. Will you please send to me by him lists of the prisoners with statements opposite each name of all charges against them. Also please return me the list or memoranda I gave you and w