the second paragraph of General Orders, No. 9, above quoted, as well in respect to the classes of prisoners (whether regular, volunteers or militia), paroled or otherwise, to which it is intended to apply as to the emoluments definitely to be allowed, and also the conditions if any upon which such allowances should be paid. The Fourteenth Article of War condemns to dismissal from the service an officer who shall sign a false certificate relating to pay. Under the conviction that officers and soldiers "who are or may be prisoners of war" are not permitted to retain during captivity either servants or horses it is most respectfully submitted for the earnest consideration of the Secretary of War whether allowing officers to sign pay certificates, including charges of forage for horses and wages for servants known not to have been kept at the time and place of their imprisonment, in order to obtain all the allowances in addition to pay and rations, is not in contravention to the policy and intent of the law, and further if the present be not a suitable occasion to attempt a return to the letter and spirit of the law in this respect. With great respect, your obedient servant, J. MADISON CUTTS, MCCLELLAN'S HEADQUARTERS, October 3, 1862. Major-General HALLECK: General Stuart, of the rebel Army, has sent in a few of our prisoners under a flag of truce, paroled with terms to prevent their fighting the Indians, and evidently seeking to commit us to their right to parole our prisoners in that way. My inclination is to send the prisoners back with a distinct notice that we will recognize no paroles given to our prisoners by the rebels as extending beyond a prohibition against fighting them, yet I wish your opinion upon it based both upon the general law and our cartel. I wish to avoid violations of law and bad faith. Answer as quickly as possible, as the thing, if done at all, should be done at once. A. LINCOLN, President. WAR DEPARTMENT, Washington, October 3, 1862. His Excellency the PRESIDENT, Headquarters Army of the Potomac: Your proposal to send back prisoners who have given an unauthorized parole accords with the general rule of war and I think there is nothing against it in the cartel. The enemy has no right to require any other than the usual parole-not to bear arms against the Confederate States during the war or until exchanged-nor have our prisoners a right to give any other. H. W. HALLECK, WAR DEPARTMENT, Washington, October 3, 1862. His Excellency the PRESIDENT, Headquarters Army of the Potomac : When I telegraphed you this morning I had only heard the cartel read by the Secretary of War. I have since examined the original 38 R R-SERIES II, VOL IV document and withdraw my opinion. I am disposed to think the parole is made by the cartel to include all military duty. H. W. HALLECK, Hon. E. M. STANTON: LOUISVILLE, KY., October 3, 1862. I invoke your attention to my dispatch of yesterday concerning paroled prisoners. I am informed and believe that the greatest disorder prevails in camps at Columbus, and that the men and officers are indulging in unbecoming petty jealousies and quarrels and must soon become demoralized. I again ask that the Kentucky paroled prisoners may be sent here. I believe the public good would be promoted by the change. JAMES F. ROBINSON, HEADQUARTERS DEPARTMENT OF THE GULF, Brig. Gen. LLOYD TILGHMAN, C. S. Army. GENERAL: Your communication of date September 26 was received to-day by hand of Captain Squires, of Louisiana regiment of artillery, C. S. Army, who has charge of flag of truce for the purpose of transmitting the communication. I will forward all prisoners of war held by the United States either by parole or imprisonment according to the terms of the cartel, a copy of which you have done me the honor to send. The prisoners will leave on a steam-boat on the morning of the 8th day of October instant and will be due the following morning at farthest at Baton Rouge. The officer in charge will be instructed to receive on board such prisoners as you may have to return. A duplicate list will be sent with the prisoners forwarded and I respectfully ask the same on your part. I desire to call your special attention and ask return of the prisoners of Eighth Regiment Vermont Volunteers captured by General Taylor. Of course under my communication in this exchange no threat of General Taylor toward them will be carried out. Brigadier-General Clark, who has now his wife and children with him and whose health I am happy to report is in satisfactory progress, will be allowed to go as soon as he desires. All the prisoners captured at Forts Jackson and Saint Philip who desire to be exchanged will be sent. Of course you do not expect me to force anybody to go. Prior to the 1st of September I had advertised in all the prominent newspapers in the city for all the prisoners of war within these lines who desired to be exchanged to register their names for that purpose. One or two whose names had been registered desired them to be stricken off and one or two who had neglected to register their names desired to have them put on, but in neither case have I yielded to their solicitations. I shall now advertise for all those registered to repair on board the steamer at the time designated, and in addition for all who were captured at Forts Saint Philip and Jackson who now desire to be exchanged to report themselves and they will be sent forward. BENJ. F. BUTLER, Major-General, Commanding. HEADQUARTERS FIFTH ARMY CORPS, October 3, 1862. General R. E. LEE, Commanding Army of Northern Virginia. GENERAL: Major-General McClellan instructs me to inform you that your communication of the 2d instant relating to the vehicles provided under special understanding with General White at Harper's Ferry was received by him on horseback at a distance from writing conveniences; that he will inquire into the circumstances and see that the stipulations are complied with at the earliest moment. I am, general, very respectfully, your obedient servant, HEADQUARTERS, Camp Douglas, Chicago, October 3, 1862. Brig. Gen. L. THOMAS, Adjutant-General, Washington. GENERAL: I inclose herewith the following-named papers:* First, the parole list of the Sixtieth Ohio Volunteers; second, the parole list of the First Indiana Battery; third, consolidated report of paroled men sent from Annapolis; fourth, consolidated reports of paroled men sent from Annapolis and who arrived at Camp Douglas; fifth, papers relative to Lieutenant Le Brun, a deserter; sixth, recommendation of C. E. Conkey for hospital steward. The parole reports of the Sixtieth Regiment and First Battery complete the list of the men paroled at Harper's Ferry and who arrived at Annapolis. There were two regiments (Eighty-seventh Ohio and Twelfth New York), three-months' volunteers, who never reported at Annapolis and consequently their parole lists have not been furnished through me. You will see the enormous loss of men during their transit from Annapolis to Camp Douglas. Had these men been under my command for any length of time I should be mortified at the result, although some allowance is to be made for the condition, &c., of these mortified, impoverished, disorganized men; and allow me here, general, to enter my protest against the way these railroad companies manage the transport of troops, which is a disgrace to them and an imposition on the Government and renders it impossible for a commandant of troops to be responsible for his men. If the railroad companies will put a barrel of water in each car and keep it supplied, and will make coarse but decent arrangements, as they do in emigrant trains, for the men to get drink and answer the calls of nature in the cars, which is never done, officers could be responsible for their men. Now the instant the train stops the men rush out for these necessary purposes, as they claim, and any man wishing to desert "gets left" and the conductor assists the deserter by refusing to stop the train as he must "make his schedule." Another matter: The railroad companies fill a freight train with horses or cattle and run it at as good speed as they run on troop trains, from Chicago to Baltimore, and charge $168, and they fill the same train with forty soldiers, putting temporarily some rough, unplaned planks for the men to sit on, and transport it on the same road and at the same speed, and charge for it $632.80. Although I have for the last thirty years been employed in the management of railroads and at this moment have investments in them, I am bound to say that the price paid for the service rendered is the most outrageous I have ever known. Let these railroad gentlemen attempt to put emigrants whom *Not found. they transport for about 1 cent per mile into such cars as they put troops in and charge 2 cents [and] they would not get a single passenger. The 2 cents per mile for soldiers transported (and baggage extra at that) was established as a fair price when regular passenger cars and passenger speed were used. This looked fair, but the railroad company had no ability to render the service as they proposed, and therefore substituted freight cars and reduced speed and still pocketed the 2 cents per mile as I understand. I submit the foregoing as a matter of duty, not of interest, and as there are many competent railroad men in the army it appears to me the Government would gain largely by having these railroad matters looked into. From present appearances the Government for some time to come has largely increased bodies of men to move and I know a very large saving could be made without doing the least injustice to railroad companies. With great respect, your obedient servant, DANIEL TYLER, Brigadier-General of Volunteers. HEADQUARTERS, Camp Douglas, Chicago, October 3, 1862. Brig. Gen. L. THOMAS, Adjutant-General. GENERAL: Your dispatch of this p. m. I have this moment received and answered. If I order the officers to Washington I am sure to have a mutiny to-morrow. The fact is these Harper's Ferry men are perfectly disorganized, and as you have already taken from us the heads of every regiment I can do nothing to-day. The Garibaldi Guard (Thirty-ninth New York) and Colonel Willard's regiment (One hundred and twenty-fifth New York) refuse to do every duty, and after a plain talk I have given them until to-morrow for reflection when I shall do all I can [to] stop the spirit of insubordination, and I have only parts of two Illinois three-months' regiments whose term of service has expired armed and capable of rendering any assistance, and these regiments are far from being reliable. Colonel Stannard's Ninth Vermont, unarmed, is the only reliable regiment here. It appears that before leaving Harper's Ferry General Branch harangued the rank and file; told them the parole excluded them from the performance of every kind of duty until exchanged, and this course so well suits the [illegible] of the men that they willingly received it as the law in the case. If the officers were all here I should expect to get along, but as every regiment is deprived of its field officers my task here is difficult and disagreeable and I cannot say that I am certain as to results. I shall do all I can and have made up my mind that I have any [illegible] for I shall use it so soon as any officer is discharged by the courts by your order him to report forthwith. General Pope telegraphs to me for a regiment to be sent forward, and I have answered that it is impossible as the men are unarmed and in a state of sure mutiny. So soon as I receive an answer to my telegram I shall comply with your instructions, and in the meantime I will order the junior officers called for in your dispatch of to-day to proceed without delay to Washington. With great respect, your obedient servant, DANIEL TYLER, Brigadier-General. ADJUTANT-GENERAL'S OFFICE, Hon. G. V. Fox, Assistant Secretary of the Navy. DEAR SIR: In reply to yours of the 22d ultimo I will say that so far as I am aware it has not been the custom on the part either of the United States or the rebel authorities to restore prisoners their sidearms except when such restoration was especially stipulated for, as it was with General Buckner and others taken with him. The rebels have been notoriously eager to strip our officers and men with but few exceptions of not only evervthing in the shape of weapons but even of money and clothing. Yours, very truly, L. THOMAS, Adjutant-General. GENERAL ORDERS, HDQRS. MILITARY DIST OF WASHINGTON, Washington, D. C., October 3, 1862. No. IV. Mr. Wood will take charge of all the prisoners of war now confined in the Old Capitol Prison who are subject to exchange and deliver them over to Major-General Dix at Fortress Monroe, Va. By command of Brigadier-General Wadsworth: JOHN P. SHERBURNE, HEADQUARTERS PIKE COUNTY REGIMENT, Brig. Gen. LEWIS MERRILL. DEAR SIR: I have the honor to report to you that on last Wednesday the rebel Capt. C. C. Micklin, of Porter's force, and Harvey Walton, both desperate bushwhackers, were overhauled while attempting to pass this county by a squad of my men under command of Lieutenant McPike. Resisting they were fired upon by our men and both were mortally wounded. Micklin is dead; Walton will die. Micklin was from Lincoln County, Walton from Audrain. Very respectfully, GEORGE W. ANDERSON, WAR DEPARTMENT, Washington, October 4, 1862. Governor ROBINSON, Louisville, Ky.: The President's absence has delayed reply to your telegram of the 2d instant. The Department is desirous of adopting a system in regard to the paroled prisoners that will correct or avoid the evils complained The President's return to-day is expected and you will be speedily uotified what arrangements the Government will be able to make. EDWIN M. STANTON, |