Major-General CURTIS: HUDSON, Mo., October 1, 1862. Lieutenant-Colonel Benjamin reports the capture of the notorious guerrilla Captain Sidney. He was traveling North disguised as a COLONEL: Can you favor me with a copy of the letter of Mr. Ould to myself which was forwarded to me at Washington. The original is I presume to be retained on your files. I am informed that General Andrew Porter has a very large number of paroles of prisoners taken by Major-General McClellan on the Peninsula. These it would be very desirable to have before another meeting with Mr. Ould. I am, very respectfully, your obedient servant, WM. H. LUDLOW, Lieutenant-Colonel, Inspector-General Seventh Army Corps. WHEELING, VA., October 1, [1862.] Maj. L. C. TURNER, Judge-Advocate. SIR: The custom heretofore adopted toward deserters from the rebel Army has been to administer to them the oath of allegiance when they have not previously taken it to the Confederate Government so-called, or to parole them not to take arms against the United States and not to give aid or information to its enemies and to require them to live in some loyal Northern State until the end of the rebellion. Commanders of departments may have different views on the subject, and I prefer to know from the department what general policy is to be furnished regarding these deserters so as to protect the Government. Can I give them transportation and clothes if they need it? Very respectfully, JOS. DARR, JR., Major and Provost-Marshal-General, HDQRS. MILITARY DISTRICT OF WASHINGTON, D. C., SUPERINTENDENT OLD CAPITOL PRISON: October 1, 1862. The general wishes you to put the names of Benjamin Willis and T. T. Tunstall, late U. S. consul at Cadiz, in your list to be exchanged. They are confined somewhere South. Very respectfully, your obedient servant, Hon. E. M. STANTON: JOHN P. SHERBURNE, LOUISVILLE, October 2, 1862. Many men and officers of incomplete regiments being recruited in Kentucky at the time of the invasion were ordered into active service and captured and paroled by [the] enemy and have been ordered to camp at Columbus. Is it not possible to have all Kentucky paroled prisoners placed in camp here, say at the Fair Grounds near here, where ample accommodations can be cheaply provided for them? I shall be greatly obliged to you if this can be done. J. F. ROBINSON, Governor. WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE, COMMANDING OFFICER, Annapolis, Md. SIR: The Secretary of War directs that all the officers now at Annapolis who have been exchanged as prisoners of war be ordered to join their commands without delay. I respectfully inclose herewith the three orders which embrace all the exchanges made to this date. The Secretary of War also directs that you make known to the officers and men at Annapolis the prohibition now frequently disregarded to come to Washington without his permission. This prohibition does not of course extend to exchanged officers who are obliged to pass through the city to reach their regiments. I am, &c., L. THOMAS, Adjutant-General. SPECIAL ORDERS, HEADQUARTERS EIGHTH ARMY CORPS, Baltimore, Md., October 2, 1862. No. 112. I. Bvt. Brig. Gen. W. W. Morris, commanding at Fort McHenry, will prepare all the rebel prisoners of war now at that post to leave this afternoon with a suitable guard detailed to accompany them on board the Old Point Comfort steamer for Fort Monroe, there to be exchanged, excepting Captain Gilmore and Lieutenant Carlisle and any other rebeĺ prisoners of war who are charged with being spies, all of whom will be retained until further orders. General Morris will send direct to these headquarters by the bearer of this order, Major Von Hermann, aide-decamp, a roll of the rebel prisoners of war to be sent to Fort Monroe with the name and rank of each; also a roll of those detained as spies. * By command of Major-General Wool: WM. D. WHIPPLE, Assistant Adjutant-General. HEADQUARTERS FIFTH DIVISION, Memphis, October 2, 1862. Capt. H. M. LAZELLE, Agent for Exchange of Prisoners, Vicksburg. DEAR SIR: Yours of September 21† was handed me on yesterday by Lieutenant Colonel Olney, Sixth Illinois Cavalry, just up from Vicksburg. I think the boats under the direction of Lieutenant-Colonel Oakley have passed up, but as they were chartered and fitted out at Cairo, received their orders there and are to account for their acts at that point I will refer your communication to the commanding officer there with this indorsement: Respectfully forwarded to the commanding officer at Cairo. I of course have no jurisdiction in this matter, the officers, guards and boats having come from Cairo, * Omitted here; see ante for various declarations of exchange. Not found. but I agree with Captain Lazelle that these negroes should be returned. A flag of truce must not do anything even tainted with wrong, as it will interfere with similar future exchanges of the courtesies of war. This contains my opinion. I construe my acts not according to my own individual opinions but by the laws of Congress and the orders of my superiors. You know that the law is that negroes escaping from their masters into our military lines cannot be delivered back by us, but these boats carrying our flag of truce were not actually or even theoretically in our military lines. Such negroes should be delivered back. I do not believe Colonel Oakley was privy to the escape of such negroes, and a difficulty may and doubtless will arise in restoring them with which I have nothing to do. You do not give the names of the negroes, their description or even the boat on which they escaped. Without this information I doubt if the commanding officer at Cairo would be able even to trace the negroes, and by the time he gets the information they will surely be far away, but I think it well to establish the point to make officers more careful who are intrusted with the delicate powers of a flag of truce. I am, with great respect, yours, W. T. SHERMAN, Major-General, Commanding. HEADQUARTERS NORTHEAST MISSOURI DISTRICT, Major HOWELL. SIR: In reply to your inquiries in regard to the treatment of guerrillas I have to say as follows: The Government can still afford to be merciful to these men, and while they have been thoroughly convinced that we do not fear them and do not intend to trifle with them yet if they will come and in good faith deliver themselves up as prisoners their lives will be spared. This includes all those who have violated their oath as well as others. The disturbed condition of the country and the existence of these wandering bands do and will prevent any more favorable terms to these men, and no more favorable terms will be offered them until they put themselves in the right attitude by laying down their arms and delivering themselves up. They have seen that it is impossible for them to cross the river; their leaders have been captured, killed or deserted them, seeking their own safety while their dupes are left to take care of themselves, and that these men have constantly lied to them. Have they not had enough of the deceit and selfishness of these cowardly men who have misled them? Let them come in and their lives will be spared, or let them stay where they are and they will be shot wherever found. We have never yet broken faith with them; their leaders have never told them the truth; let them believe who they choose and their blood be on their own head. I am, major, very respectfully, your obedient servant, LEWIS MERRILL, Brigadier-General, Commanding. HEADQUARTERS U. S. FORCES, COMMANDING OFFICER CONFEDERATE FORCES, Newtonia, Mo. SIR: I send Doctor Redfield, surgeon Sixth Kansas, to you with one ambulance to ask you to send our wounded soldiers to us or permit us to get them. I would also ask you to be permitted to send clothing, &c., to the officers taken prisoners by you. We found our killed on the battle-field stripped naked, one's throat was cut, another's skull was broken, without being otherwise wounded. I simply bring these facts to your notice, well knowing that these outrages would not have been committed if you could have prevented it. Most respectfully, F. SALOMON, Brigadier-General, Commanding. WAR DEPARTMENT, Washington, October 2, 1862. Hon. E. M. STANTON, Secretary of War. SIR: I have the honor to report that affidavits and statements in writing have been submitted to this office disclosing the following facts: First, that the rebel prisoners at Johnson's Island, Ohio, before their exchange obtained 500 new suits (coats and pants) made of gray drilling goods, cut in military style and trimmed with military trimmings. These new suits were obtained in Sandusky, New York, Philadelphia, Baltimore and Columbus, and patterns of these rebel military suits were sent from the island to the manufacturers and letters passed through the post-office between the prisoners and manufacturers in relation to the clothing. Second, that when the baggage of the rebel prisoners had left the island it was not examined by the officers commanding and large quantities of Government property were taken away by the prisoners from the island. Third, that after the baggage had started South on the railroad it was overtaken and overhauled and one car-load of Government property found and seized, consisting of blankets, shoes, &c., with the Government marks thereon, but the new military uniforms were not taken. It is respectfully submitted that such actions and doings and fraudulent practices could not have transpired on Johnson's Island without the knowledge and consent of the Federal officers in charge thereof, and that if said officers had knowledge of and gave assent thereto then they are unworthy of governmental employment and confidence. I therefore recommend a thorough investigation. I have the honor to be, very respectfully, your obedient servant, TREASURY DEPARTMENT, SECOND COMPTROLLER'S OFFICE, Washington, October 2, 1862. Hon. E. M. STANTON, Secretary of War. SIR: I have the honor to present for your consideration the fourteenth section, act of March 30, 1814 (Volume 3, page 114, U. S. Statutes), the only one providing for prisoners of war captured from the Army by an enemy, with such remarks upon the subject-matter thereof as I have felt it my duty to make. Important and pressing claims on the attention of this office have prevented an earlier discharge of this duty. The words of the law are: That every non-commissioned officer and private of the Army, or officer, non-commissioned officer and private of any militia or volunteer corps in the service of the United States who has been or may be captured by the enemy shall be entitled to receive during his captivity, notwithstanding the expiration of his term of service, the same pay, subsistence and allowance to which he may be entitled whilst in the actual service of the United States: Provided, That nothing herein contained shall be construed to entitle any prisoner of war of the militia to the pay and compensation herein provided after the date of his parole other than the traveling expenses allowed by law. Under the twelfth section, act of April 24, 1816, officers are allowed pay for servants and forage for horses "actually kept in service," and by the first section, act of July 17, 1862, that condition as to forage for horses is defined thus: "Actually kept by them when and at the place where they are on duty," and to the facts officers are required to certify, as in form 3, page 359, Army Regulations. Several decisions of Attorneys-General virtually affirm that the service named must be public service by declaring as a well-settled legal principle that the "pay is fixed of course by law and intended for service." (AttorneysGeneral Decisions, Volume 1, pages 528 and 547; Volume 2, pages 228 and 638.) Comptroller A. K. Parris nearly twenty years since decided that this service was designed to mean the public service. He also decided in 1849 that cavalry troops were not entitled to pay for the use and risk of horses which they were not permitted to retain while in captivity, although by section 9, act of May 13, 1846 (Volume 9, page 9, U. S. Statutes), they were entitled to it if having horses while in actual service. It would thus appear that under acts of March 30, 1814, and April 24, 1816, non-commissioned officers and privates of the Army, officers, non-commissioned officers, and privates of volunteers and militia were entitled to pay and allowances while in captivity, upon the same condi tions which regulated them whilst in actual service, provided that militia could receive only traveling expenses after parole. By analogy between the sea and land service another limitation to the continuance of pay might perhaps, without injustice, be added, viz, that by the decision of a court-martial or otherwise captives shall appear to have done their utmost to prevent defeat and capture as set forth in section 4, act of April 25, 1800 (Volume 2, page 52, U. S. Statutes). This provision in the navy law involves the presumption that certainty of continued pay while in captivity might possibly act as a bounty on cowardice and treachery, or at least that the conditioning of pay upon bravery might have its proper effect upon timidity. By General Orders, No. 9, current series, paragraph 2— 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. The similarity of phraseology in this order with that employed in the act of March 30, 1814, furnishes no evidence that it is intended to be construed otherwise than as subordinate to the explanatory principles embraced in the several decisions of the Comptroller, those of AttorneysGeneral, and the positive language of the first section, act of July 17, 162, as herein before referred to. A construction against which this office has contended, but the reverse of that which was unavoidable under these decisions and laws has, however, been widely given to the words "actually kept in service," and under that gloss the practice of charging and receiving pay for all the servants and horses allowed to be kept in service by existing regulations, irrespective of the number actually employed "at the time when and at the place where they are on duty" is believed to have generally obtained among officers of the Army. In view of my official duty in the supervision of paymasters' accounts I most respectfully ask for advisement as to the intent and meaning of |
