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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 pris oners, other places bearing as nearly as may be the present local relations of said places to the lines 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.

ART. 8. For the purpose of carrying into effect the foregoing articles of agreement each party will appoint two agents, to be called agents for the exchange of prisoners of war, whose duty it shall be to communicate with each other by correspondence and otherwise, to prepare the lists of prisoners, to attend to the delivery of the prisoners at the places agreed on and to carry out promptly, effectually and in good faith all the details and provisions of the said articles of agreement.

ART. 9. And in case any misunderstanding shall arise in regard to any clause or stipulation in the foregoing articles it is mutually agreed that such misunderstanding shall not interrupt the release of prisoners on parole, as herein provided, but shall be made the subject of friendly explanations in order that the object of this agreement may neither be defeated nor postponed.




Major-General, C. S. Army..

HEADQUARTERS, Fort Monroe, Va., July 23, 1862.

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

SIR: I have the honor to return all the papers sent to me relating to the negotiations for a general exchange of prisoners of war by MajorGenerals Wool and McClellan.

I am, very respectfully, yours,


FORT MONROE, July 23, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

There are sea-going steamers enough here to bring all the insurgent prisoners at Fort Delaware to this place.



HEADQUARTERS, Fort Monroe, Va., July 23, 1862.

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

SIR: The inclosed letter is* in behalf of the Rev. M. P. Whelan, a Roman Catholic priest, captured by us at Fort Pulaski. Judge Pierre

*Not found.

pont and I examined him at New York and discharged him on parole till he could be sent home. I recommend that a pass be granted to him.

The following is a copy of an order issued at Richmond:



RICHMOND, July 1, 1862.


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

By command of the Secretary of War:

S. COOPER, Adjutant and Inspector General.

Medical officers are also discharged by the insurgents without condition.

I am, very respectfully, your obedient servant,





July 23, 1862.

Commanding Army of the Potomac. GENERAL: I have the honor to acknowledge the receipt of your letter of the 22d instant expressing your desire that permission be given to Mr. Clement Barclay to visit Richmond to obtain information respecting the necessities of your sick and wounded in our hands. I thank Mr. Barclay for his kindness to our sick and wounded prisoners. and appreciate his benevolent intentions with reference to his countrymen who are with us. But the arrangements now in process of execution will I hope soon place your sick and wounded where they can more fully enjoy the kind attentions of Mr. Barclay than it would be possible for them to do in Richmond and render his proposed visit unnecessary.

I am, general, very respectfully, your obedient servant,
R. E. LEE,
General, Commanding.



July 23, 1862.

Commanding Army of the Potomac. GENERAL: I have the honor to acknowledge the receipt of your letter of the 22d instant with reference to your desire to forward medical stores and comforts for the use of your sick and wounded in our hands and also for our own. I hope that in a few days your sick and wounded will be under your own care where they can enjoy the comforts intended for them, and in the meantime they shall receive such attention as it is in our power to bestow. I thank you for your kind consideration of our own sick and wounded, but we must endeavor to provide for them from such stores as we possess.

I am, general, very respectfully, your obedient servant,
R. E. LEE,
General, Commanding.

Washington, July 23, 1862.

Hon. A. LINCOLN, President of the United States.

SIR: Have you yet considered the order* I proposed to issue yester day which directs all male citizens living within the lines of the army under my command and in the rear of it to be arrested-such as take the oath of allegiance and give sufficient security for its observance to be allowed to remain at home and pursue their accustomed avocations; such as do not to be conducted South and put within the lines of the enemy, with a notification that if hereafter found within the lines or in the rear of the U. S. forces they will be considered and treated as spies? I find it impossible to make any movement, however insignificant the force, without having it immediately communicated to the enemy. Constant correspondence verbally and by letter between the enemy's forces and the so-called peaceful citizens in the rear of this army is carried on which can in no other way be interrupted. A thousand open enemies cannot inflict the injury upon our arms which can be done by one concealed enemy in our midst. I have the honor, therefore, to ask your decision in the case.

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

JNO. POPE, Major-General, Commanding.


BALTIMORE, MD., July 23, 1862.

Secretary of State, Washington, D. C.:

At 5 o'clock this evening the second branch of the city council of the city of Baltimore failed to pass the appropriation of $300,000 for the raising of volunteers for the State of Maryland. The same branch voted $500,000 for the defense of the city of Baltimore on the 18th day of April, 1861. There is evidently considerable excitement among the Union people and danger of violence inflicted upon the members of the council. Several Union men, viz, Col. William L. Schley, Fifth Maryland Volunteers; Thomas H. Gardner, clerk criminal court of Baltimore; Alfred D. Evans, late warden of the penitentiary of Maryland, have called upon me to wish the members of the council arrested that they may elect a new council and pass the bill. Brigadier-General Morris is in command but is at Fort McHenry. General Wool gone to Wheeling. There will probably be a violent demonstration in the city to-night unless they are arrested. Shall I arrest them? The crowd is now awaiting the coming forth of the council. A strong force of police, however, to protect them, and they may get into the country without violence. They have not asked for military aid, although they were in my office this morning.

WILLIAM D. WHIPPLE, Lieutenant-Colonel and Chief of Staff.

P. S.-The members are now coming out one at a time and being escorted home by the police. They are greeted by yells and groans as they appear. No danger of a riot, however.

* See General Orders, No. 11, July 23, 1862, p. 271.

W. D. W.


Baltimore, July 23, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State:

Your dispatch* is received and is satisfactory. The assurance that the Government would take the matter [in hand] was all that saved the last member of the council from being hung. The crowd followed him with a rope and it was as much as 100 policemen could do to save him. All is quiet now.


Assistant Adjutant-General.

Baltimore, Md., July 23, 1862.

W. A. VAN NOSTRAND, Marshal of Police, Baltimore, Md.

SIR: Bvt. Brig. Gen. W. W. Morris, commanding in Baltimore and vicinity during the temporary absence of the major-general commanding the department, directs that you arrest and send to Fort McHenry the following persons, viz: Charles H. Kehr and Henry McCaffrey, the composer and publisher of a piece of music entitled the Stonewall Quickstep, dedicated to T. J. Jackson, general, C. S. Army. Very respectfully, your obedient servant,


No. 11.

[WM. D. WHIPPLE,] Assistant Adjutant-General,

Washington, July 23, 1862.

Commanders of army corps, divisions, brigades and detached commands will proceed immediately to arrest all disloyal male citizens within their lines or within their reach in rear of their respective stations.

Such as are willing to take the oath of allegiance to the United States and will furnish sufficient security for its observance shall be permitted to remain at their homes and pursue in good faith their accustomed avocations.

Those who refuse shall be conducted south beyond the extreme pickets of this army and be notified that if found again anywhere within our lines or at any point in rear they will be considered spies and subjected to the extreme rigor of military law.

If any person having taken the oath of allegiance as above specified be found to have violated it he shall be shot and his property seized and applied to the public use.

All communication with any persons whatever living within the lines of the enemy is positively prohibited except through the military authorities and in the manner specified by military law, and any person concerned in writing or in carrying letters or messages in any other way will be considered and treated as a spy within the lines of the U. S. Army.

By command of Major-General Pope:


Colonel, Assistant Adjutant-General and Chief of Staff.

*Not found.

FALMOUTH, July 23, 1862.

Col. GEORGE D. RUGGLES, Chief of Staff:

I sent to Washington to-day in charge of my aide, Captain Benkard, four citizens of Fredericksburg whom I arrested last night pursuant to orders from General Pope as hostages for an equal number of Union men seized and sent to Richmond.




No. 19.

Suffolk, July 23, 1862.

I. A military commission to consist of Maj. Samuel Wetherill, of the Eleventh Pennsylvania Cavalry, and Maj. B. F. Onderdonk, of the Seventh New York Mounted Rifles, will assemble this afternoon at 5 o'clock to examine sundry prisoners captured by the scouting parties of the Eleventh Pennsylvania Cavalry and the Seventh New York Mounted Rifles on the 21st and 22d instant, and report the disposition that should be made of them and of the horses and arms captured to these headquarters.

II. Lieutenant-Colonel Dodge will appoint a secretary to the commission and mounted orderly. The commission will assemble at the provost-marshal's office or such other place as they will find most convenient, with full power to send for witnesses, and will adjourn over and sit till they shall have completed their duties. The quartermaster of the post will furnish the necessary stationery. By command of Brigadier-General Mansfield:

C. H. DYER, Assistant Adjutant-General.

Helena, Ark., July 23, 1862.

Maj. Gen. T. C. HINDMAN, C. S. Army.
GENERAL: I am in receipt of yours of the 15th instant under flag of
truce relating to prisoners and surrendering Surg. A. Krumsick, who
has been some time in your lines.

All the prisoners for whom you desire exchange have been sent to district headquarters, where I will refer your letter. The same is true in regard to prisoners referred to by General McBride. I shall hereafter be glad to exchange instead of sending off prisoners as I have formerly done in consequence of the constant shift of my headquarters.

Surgeons will be sent home as soon as possible. I have released scores of them without exchange or parole.

If my arrangements with General Van Dorn have not secured the release of Captains Hallowell and Galloway, it may be because they were not found and, according to agreement, others were substituted; there [were] such terms in our agreement.

In regard to Assistant Surgeon Evans I objected to his recognition as entitled to the ameliorations extended to civilized warfare, as by his own showing he was acting as the surgeon of a regiment of Indians. I am now told we have Indians mustered into our service to meet those we met at Pea Ridge. It will be proper for each party hereafter to allow exchange or a release and I shall recommend this rule to apply to Surgeon Evans.

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