WAR DEPARTMENT, Washington, October 4, 1862. The PRESIDENT, General McClellan's Headquarters: After full consultation with the Secretary of War and Colonel Holt it is concluded that the parole under the cartel does not prohibit doing service against the Indians. H. W. HALLECK, EXECUTIVE OFFICE, Iowa City, October 4, 1862. Hon. E. M. STANTON, Secretary of War, Washington. SIR: Most of the field and line officers of the Eighth, Twelfth and Fourteenth Regiments Iowa Volunteer Infantry were taken prisoners at the battle of Shiloh. They were taken prisoners about 5 o'clock p. m. of the first day's fight because they did not retreat as soon as their supports on the right and left did, and it is claimed by many that their stubbornness in holding their ground delayed the advance of the enemy and perhaps saved our army. These regiments were at Fort Donelson and in the column led by the Iowa Second that stormed the trenches there. They were thus largely instrumental in capturing the large number of rebels there taken. I cannot learn that a single one of the officers of these regiments has yet been exchanged, although the rebels taken prisoners at Donelson have been exchanged for other of our officers. This excites much remark in our State and unless there is some error in the statement affords good ground for such remark. It seems very hard and unfair that these officers should be kept in confinement and their regiments disorganized while rebels taken prisoners by them are exchanged for other officers. Permit me to ask for especial attention to this matter so that if any wrong has been done it may be righted, and if no wrong has been done I may be furnished the means of satisfying the friends of these officers and our people of the fact. Very respectfully, your obedient servant, SAMUEL J. KIRKWOOD. P. S.-The privates of these regiments are also still unexchanged although many of them are at Benton Barracks and have suffered very harsh treatment because they did not understand their parole, as did the officers under whom they were placed. Cannot this matter be made right? SAMUEL J. KIRKWOOD. ADJUTANT-GENERAL'S OFFICE, October 4, 1862. Lieut. Col. W. H. LUDLOW, Fort Monroe: I do not desire the lists of prisoners here but shall need them when I go down. I am waiting for rolls from the West. If necessary you are authorized to exchange any that arrive at Fort Monroe before I go down. GENERAL ORDERS, No. L. THOMAS, Adjutant-General. HDQRS. DEPARTMENT OF THE GULF, In accordance with the terms of the cartel recently negotiated between the major-general commanding this department and Brigadier-General Tilghman, of the Confederate Army, all prisoners of war registered at these headquarters for exchange will be sent by steamer to Baton Rouge, La., on the 8th of October, instant, leaving New Orleans at 10 o'clock a. m. of that day. Those officers the terms of whose surrender permitted the retention of their side-arms will be allowed to take with them their swords only, but in no case will permission be granted to purchase arms of any description to carry beyond the lines; nor will any supplies be taken further than the apparel actually worn at the time of their departure. By command of Major-General Butler: GEO. C. STRONG, Assistant Adjutant-General. HEADQUARTERS, Fort Monroe, Va., October 5, 1862. RICHARD H. DANA, Jr., U. S. District Attorney, Massachusetts. SIR: Your communication of the 2d instant is received. Col. J. C. Ives, who is I believe an aide-de-camp to Jefferson Davis, wrote me a letter by request of the friends of Mrs. Hampton, of South Carolina, formerly Miss Baxter, of New York, informing me of her death and requesting me to communicate the intelligence to her family. He also inclosed to me an open letter to his mother, from whom he said he had not heard directly for eighteen months, and requested me to allow an answer to be sent through me if consistent with our rules to Mr. Ould, the commissioner for the delivery and exchange of the prisoners of war. The letter was sent and the answer came yesterday and went up by flag of truce Both letters were open and were read by me. They related exclusively to domestic matters. Nothing was said of supplies of any description. There has been a very extensive correspondence with prisoners of war on both sides, very much reduced by recent exchanges, and with their letters others relating exclusively to family matters have been allowed at the discretion of the commanding general here to go through our lines. Indeed letters are frequently transmitted by the authorities at Washington to be forwarded to private individuals on the other side. All letters of every description are carefully read and the majority are sent to the Dead-Letter Office. I am thus particular that you may understand how impossible it is for any correspondence of an improper character to find its way through this post. In regard to supplies of all kinds they are never allowed to pass under any circumstances even though not contraband of war. I thank you for the information in regard to Colonel Ives and his relatives. I did not know until I received his note that he was in the service of the insurgents, nor until I received yours that he was the same person who was in our Corps of Topographical Engineers. If there has been any correspondence between him and his relatives in the North it could not have been through this post, but must have been by some contraband mail. Such mails we know are sent as we have succeeded in capturing several. I will thank you to furnish me with any information you may receive on this subject or any other of a kindred character, and am, very respectfully, yours, JOHN A. DIX, HEADQUARTERS, Camp Douglas, Chicago, October 5, 1862. Brig. Gen. L. THOMAS, Adjutant-General, Washington. GENERAL: Our camp has at least for the present become quiet and orderly. Yesterday the Thirty-ninth (Garibaldi Guard) and the One hundred and twenty-fifth New York, Colonel Willard, both of which had refused to do any duty, being ordered on duty at a particular hour each regiment fell in in obedience to orders. The Thirty-second Ohio, Colonel Ford's regiment, being without a field officer, has been disorderly, but I think they are improving and will not risk the consequences of further misconduct. The same will apply to the Sixty-fifth Illinois and Rigby's (Indiana) battery, and to these commands the insubordination has been mainly confined. What I exact of these paroled men is (1) regular police in their camps; (2) inspections, &c., as ordered from time to time; (3) keeping guard over their own camp; (4) company and battalion drill without arms. These exactions the men now acquiesce in and can or could be carried out, but to day's Tribune, published at Chicago, contains the inclosed slip* publishing the cartel between Generals Dix and Hill, 22d July last, and by referring to the fifth paragraph of that instrument it would seem that if these men are considered a "surplus," they are forbidden to perform "field, garrison, police, guard or constabulary duty." Indeed, under the last clause of article 6 the parole forbids performance of "field, garrison, police, guard or constabulary duties." If we comply with this paragraph it appears to me it leaves little else for us to do with the men but feed and clothe them and let them do as they please. The publication of the agreement at this time is undoubt edly to do mischief, and I shall have hard work to keep our men quiet under existing orders long enough to hear from the Department. I therefore beg your early attention to this matter and let me know by orders if possible what I am to exact from these paroled men. The condition of things here seems to require an early settlement of this parole matter. With great respect, your obedient servant, D. TYLER, Brigadier-General. RICHMOND, VA., October 5, 1862. Lieut. Col. W. H. LUDLOW, Acting Agent for Exchange. SIR: I beg leave to call your attention to the following matters: 1. It is represented that in Missouri and elsewhere citizens are arrested and under threats of being treated as spies in case of refusal compelled to enter into heavy bonds with surety that they will not take up arms against the United States. Several cases of this kind have been presented, among whom is that of James W. D. Hatcher, of Missouri, a discharged Confederate soldier, who on his return to that State was compelled to give such a bond with surety in the sum of $3,000. The Confederate Government will treat all such bonds as nullities. 2. Officers and men of the Missouri State Guard are now held in confinement in Missouri, at Johnson's Island and elsewhere. They have neither been paroled nor released under the terms of the cartel. They are entitled in all respects to the privileges of officers and men of the C. S. Army. They are so recognized by the acts of the Confederate Congress. Their exchange is insisted on under the provisions of the cartel. Among others now confined at Johnson's Island *Not found. are Capts. F. A. Rogers, J. Joplin, S. L. Cary, J. P. Caldwell, F. Weed, and Lieuts. P. F. Willard and S. Duncan. The Missouri State Guard on the other hand have made captures of many prisoners whose paroles are now held by me. Can there be any objection to exchange one class for an equivalent of the other? 3. Capt. D. B. Vincent, who was captured while in command of a steamer, is represented to our authorities as being kept in close confinement at Fort Lafayette and heavily ironed. He was captured in Bull's Bay, off Carolina. The name of the vessel commanded by him was the Emily. She was a merchant vessel and at the time of her capture it was alleged she was endeavoring to run the blockade. She was owned by one Henry A. McLeod, a British subject, who was captured with Captain Vincent but released. Many cases similar to that of Captain Vincent have been reported to the Confederate Government. Pilots also of merchant vessels have been arrested and thrown into prison. Many if not all of them are now so confined. I trust it will only be necessary to bring this matter to your notice to have this wrong redressed. The Confederate Government will give any fair exchange for these classes. 4. Several officers and men known as partisan rangers are detained in confinement by the United States Government. Partisan rangers are not persons making war without authority, but are in all respects like the rest of the Army except that they are not brigaded and act generally on detached service. They are not irregulars who go and come at pleasure, but are organized troops whose muster-rolls are returned and whose officers are commissioned as in other branches of the service. They are subject to the Articles of War and Army Regulations and are held responsible for violation of the usages of war in like manner with regular troops. So also is it with the partisan rangers organized under the law of Virginia. The commissions of the officers are given by the State authorities. I allude now more particularly to the cases of Capt. John S. Spriggs and Capt. Marshall Triplett, who are confined on Johnson's Island. These names were brought to the attention of General McClellan some time ago by General Lee. On the 21st of June last General McClellan wrote to General Lee that "they were held as other prisoners." He even cautioned General Lee against believing on mere rumor that they would be treated in any other way than as prisoners of war. Yet when other officers have been sent from Johnson's Island to Vicksburg they have been retained. As belonging to the same class I call your attention also to Major Conway and Peter B. Righter who are now confined in Wheeling or Camp Chase. They are from Northwestern Virginia. The Confederate Government for the reasons given claims that its own and the Virginia rangers shall be treated as prisoners of war and released under the terms of the cartel. 5. Thomas McKay, William D. Bartlett and Benjamin Hicks were arrested by some of Pope's officers under circumstances detailed in a letter which accompanies this communication. Mr. Jacobs is a truthful and reliable gentleman. Pope's officers were retained as hostages against such outrages as are mentioned in that letter. As the Confederate Government has released them, ought not the above-named parties to be delivered and allowed to go to their homes? The Confederate Government can see no sort of justification in their retention. Even if they were arrested to prevent their giving information to the Confederate army, the reason for their being any longer detained has ceased. 6. A number of officers, soldiers, sailors and engineers captured in or near New Orleans are now in that city. Some have been exchanged and all are entitled to it. The Confederate Government claims that these persons be delivered within its lines. In this same connection I mention that means have been set on foot to secure to your Government the delivery of the officers and soldiers captured in Texas and who have recently been exchanged. 7. It has been stated by many of the Northern newspapers, with circumstances of great particularity, and nowhere contradicted as far as I have seen, that officers and men of the U. S. forces who have been paroled and not exchanged have been sent to your frontiers to fight the Indians now in arms against you. This is in direct conflict with the terms of the cartel. Its language is very plain. It says: 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 this cartel. It will be seen that this provision of the cartel is absolute and altogether independent of the phraseology of the particular parole given by the captured men and officers. 8. Several boats have recently arrived at Varina under flag of truce, with not one dozen prisoners in either of them. I think in one instance there were but four, and yet there was a boat a few days before and a few days after. I really see no reason for sending these boats so often if there are so few prisoners on hand to be delivered. Why not keep them until a larger number is ready? It puts the authorities here to great and unnecessary trouble. One boat could easily have brought all the prisoners that have been sent by the last four or five. Unless there is some reason to the contrary I would much prefer that the arrivals should be fewer and the cargoes larger. 9. I also bring to your attention the case of peaceable, non-combatant citizens of the Confederate States, taken in some instances with almost every possible indignity from their homes and thrown into military prisons. I do not utter it in the way of a threat, but candor demands that I should say that if this course is persisted in the Confederate Government will be compelled by a sense of duty to its own citizens to resort to retaliatory measures. In no one instance have the Confederate authorities sanctioned the arrest of any citizen of any one of the United States found in the exercise of a lawful and peaceful business. If such a case can be found the wrong will be speedily righted. Such cases not being within the rules of military capture are not therefore the proper subjects of exchange under a cartel. Hundreds of cases have been brought to the attention of the Confederate authorities where parties in pursuit of their ordinary occupations and not bearing arms, and not being in any military organization, have been arrested, dragged from their homes and thrown into prisons, where they remain to this day, even though the U. S. forces which made the arrest have been withdrawn from the neighborhood where it was made. The Confederate Government can in no way, whether by a system of exchanges or otherwise, recognize the right of the United States to invade its territory, arrest, carry off and detain indefinitely its peaceable citizens. In any case where an exchange is proposed if the situation of the parties is the same it will be cheerfully made. The Confederate Government, however, has not arrested your peaceable citizens and has none of that class to offer in exchange for such of the Confederacy as have been taken. To exchange such as we have the right to capture according to the usages of war for our own peace |