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He now calls upon me and shows me that he has resigned his position as brigadier and he expresses the purpose to exert all his i influence to prevent any further hostile demonstration as far as he can

by those who have hostile feelings to the Government. He seeks to port" be protected in his person and property, and if it were necessary will

give his parole of honor for his peaceful conduct. I have confidence that General Price will keep any promise he may make and would have

no hesitation in applying to the President for a pardon such as was and given by him to General Watkins. In the meantime it might be du desirable if you should concur in the propriety of the course I recom

mend that you should give to General Price a safe-guard to secure him

against molestation in his person and property. If you desire it he EFT will report to you at once. In fact he prefers to be the bearer of Clipart this letter. Be good enough to signify your wishes upon this subject to him. Very respectfully, your obedient servant,


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Wheeling, October 22, 1862. Col. WILLIAM HOFFMAN, Commissary-General of Prisoners.

SIR: I have the honor to report that by an amicable arrangement with Maj. B. H. Hill I will as usual have control of my prisoners here and everything will go on as smoothly as before. Usual reports will be made, all I trust as before satisfactory to you. Very respectfully, your obedient servant,

JOS. DARR, JR., Major and Provost-Marshal-General.

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Maj. Gen. J. D. Cox, commanding in Western Virginia, will issue order similar to inclosed.

(Inclosure No. 1.)


No. 21.

Wheeling, April 30, 1862. All arrests whatsoever by provost-marshals at posts, camps or other localities within this department will be immediately reported to the provost-marshal-general at these headquarters, reports to be accompanied with full description of prisoners taken and statement of charges upon which arrested, together with such other information touching cases presented as may be necessary or useful for department files. Regular returns of all persons in custody or released within the month will be made monthly to the provost-marshal at department headquarters or at such other times as he may specially designate, having in view the interests of the service. Commanders of districts, posts and camps will exercise such supervision as shall insure the faithful carry. ing out of this order by provost-marshals appointed by them or under their control. By order of Major General Frémont:

HENRY THRALL, Assistant Adjutant-General.

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[Addendum.] The arrests of all persons will be promptly reported to Maj. Joseph Darr, jr., provost-marshal-general, headquarters Wheeling, Va., and particular care will be taken whenever practicable to forward with a descriptive list of the prisoners complete and sworn evidence against them. Prisoners will in no instance be sent out of this department without a report to the provost-marshal-general.


Gallipolis, Ohio, October 17, 1862. All arrests of persons not connected with the U.S. Army by provostmarshals at posts, camps or other localities within this district will be immediately reported to Maj. Joseph Darr, jr., the provost-marshalgeneral of the State of Virginia, at Wheeling. Reports to be accom. panied with full descriptions of prisoners taken and statement of charges upon which arrested together with such other information touching cases presented as may be necessary or useful. Regular returns of all persons in custody or released within the month will be made monthly to said provost-marshal-general, or at such other times as he may specially designate having in view the interests of the service. Commanders of districts, posts and camps will exercise such supervision as shall insure the faithful carrying out of this order by provost-marshals appointed by them or under their control. By command of Maj. Gen. J. D. Cox :

G. M. BASCOM, Major and Assistant Adjutant-General.


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 pris. oners' 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 the Secretary of War:



WAR DEPARTMENT, Washington, October 23, 1862. Major-General BUELL, Lebanon, Ky.:

See last clause of article 7 in connection with article 5 of cartel for exchange of prisoners. On delivering prisoners at a point agreed upon you can release from parole an equivalent of your own.



HEADQUARTERS, Camp Douglas, Chicago, October 23, 1862. (General L. THOMAS.]

GENERAL: For the last three weeks there has existed in this camp a spirit of insubordination bordering on mutiny, which at times looked as if I had neither moral nor physical force sufficient to sustain order, but last night the crisis came and I think we have won the victory and without any undue violence. The Sixtieth Regiment Ohio Volunteers was the cause, and its insubordination and the inefficiency of the officers obliged me to order the entire regiment under guard, and to my great gratification our paroled men with arms in their hands stood to duty and the Sixtieth Regiment caved in, and I feel that we are entirely on a new career and this command can now be made respectable, and I think if it can be exchanged will in a very short time be ready for the field. To-day I see an entire change in the conduct of the men, one that I am satisfied with if it continues and I think it will. Since I arrived here we have had three incendiary fires which have destroyed quarters for fourteen companies. Fire was set to unoccupied quarters, clandestinely of course, and from the inflammable nature of the barracks there was no chance to stop a fire except by pulling down parts of the buildings, and in this we have lost barracks for fourteen companies. I have to-day ordered the survey of the entire remaining buildings in Camp Douglas to see if we have not quarters enough remaining to remove the three regiments from the Fair Grounds, where I found them on my arrival bere. At all events I shall get the entire command into Camp Douglas within the next ten days and abandon the Fair Grounds, where we are occupying inconvenient and unhealthy quarters at a considerable expense.

Colonel Tucker who was in command here says the Fair Grounds were occupied under instructions from the Secretary of War. Last night not exactly satisfied how matters would turn out I ordered in a company of the Sixteenth U.S. Infantry, which was in camp at Hyde Park, three miles from Camp Douglas. Major Coolidge is obeying the order and the men will be inside of Camp Douglas this p. m., and on the whole I shall keep them for the present, an arrangement as I think entirely satisfactory to Major Coolidge. My position with the paroled men now is, first, subordination; second, drill; third, police and camp-guard duty. I claim this capitulation covers all the duties and I mean to enforce them. With great respect, your obedient servant,

DANIEL TYLER, Brigadier-General, Commanding.


Washington, D. O., October 23, 1862. Lieut. Col. W. H. LUDLOW,

Inspector-General Seventh Army Corps, Washington, D. C. SIR: The Secretary of War authorizes and directs you to meet the commissioner on the part of the Confederates and arrange with him for the exchange of prisoners of war.




Saint Louis, October 23, 1862. Col. J. P. TAYLOR, Commissary-General, Washington, D. C.

COLONEL: The ration issued to prisoners of war at Alton and Saint Louis is so much greater than is necessary for their proper subsistence that large savings are made, constituting a prison fund. As I hardly think the subsistence department should be expected to do more than furnish the prisoners with what is necessary for their proper subsistence, I would respectfully recommend that the ration authorized for prisoners in this department may be reduced so as to allow but 18 ounces of flour; beans and rice alternate days, instead of both daily; 8 pounds of coffee and 10 pounds of sugar to the 100 rations, and but half allowance of candles. This allowance would in my opinion be ample, and would afford sufficient savings to purchase plates, &c., which might be required for the prisoners' use. As the case stands now the prisoners or prison fund receive the benefit of the full ration, which is so large that troops in the field cannot use it all. Very respectfully, your obedient servant,

T. J. HAINES, Colonel and Commissary of Subsistence.


New Berne, N. C., October 24, 1862. Brig. Gen. J. G. MARTIN, C. S. Army,

Commanding District of North Carolina, GENERAL: By this flag of truce I send such men of Captain Simons' [Guion's) company, Tenth Regiment North Carolina Troops (artillery), as I have been able to collect. The remainder when collected will be forwarded to your lines. The list of those sent I inclose, marked A.*

I also send such paroled prisoners in New Berne as desired to leave. The order by which they were assembled and the names of those sent please find inclosed marked B.*

Some families living in New Berne and desirous of leaving I also send. List marked C.* I am, very respectfully, your obedient servant.

J. G. FOSTER, Major-General, Commanding.

HUDSON, October 2, 1862. Provost-Marshal PRICE, Hannibal, Mo.:

You can say to Captain McDonald that if he surrenders the lives of all who surrender will be spared, no matter whether they had taken the oath or not. Neither our own nor the authorities of the Confederate States recognize these men as soldiers so that I cannot promise that they will be held subject to exchange, but will do what I can to accomplish the consent of our authorities to it. They will be held as prisoners of war and not shot.

LEWIS MERRILL, Brigadier-General, Commanding.

JUDGE-ADVOCATE-GENERAL'S OFFICE, October 24, 1862. Hon. EDWIN M. STANTON, Secretary of War.

SIR: I have the honor to submit the following reply to the letter of the Second Comptroller addressed to yourself ander date of the 2d instaut and referred to this office for consideration :

At the passage of the act of 30th of March, 1814, it was the usage of the Government to allow to officers, non-commissioned officers and soldiers of the Regular Army while prisoners of war the same pay and emoluments as if in actual service and this usage has continued to the present time. Inasmuch as the general policy of our military system has been to place the militia when sworn into the service of the United States on the same footing with the Regular Army the act referred to was probably not necessary to secure them their pay and emoluments while prisoners of war, so long as the term of their enlistment remained unexpired. The principal if not the sole object of the act was to continue to them and to non-commissioned officers and privates of the Reg. ular Army their pay and emoluments after the expiration of their term of enlistment. This is made manifest by the fact that while officers and non-commissioned officers and privates of the militia and non-conmissioned officers and privates of the Regular Army whose periods of enlistment are all liable to expire during their captivity are specially named the officers of the Regular Army who are appointed for life are omitted.

* Omitted.

The fifth section of the act of 22d July, 1861, chapter 17, declares that the officers, non-commissioned officers and privates of the volunteer corps organized by it shall in all respects be placed on the footing as to pay and allowances as similar corps of the Regular Army. In view of this act and of that of 30th March, 1814, and of uniform usage, officers, &c., whether of the militia or Regular Army, are entitled during their captivity to the same pay, subsistence and allowances to which they would have been entitled had they been in the actual service of the United States.

Officers while in actual service or doing active duty as General Orders, No. 9, expresses it, may under existing laws claim certain allowances upon condition; that is they are entitled to allowances for horses and servants provided they have them in their service but not other. wise. The act and the general order quoted as well as settled usage accept the captivity of the officer or soldier as a substitute for actual service. To this extent do they go but no further. Is an officer under such circumstances entitled to an allowance for horses when he has none, and for servants, when in fact none have been employed by him? Unquestionably not. Such a construction would not give him the same pay, subsistence and allowances as if he were in actual service but a different and larger allowance. In a word, it would make his condition during captivity a better one so far as pay and allowances are concerned than it could have been had he been in actual service. This result is not contemplated by the law or general order, nor can the language or spirit of either be held to justify it. If allowed it would be the announcement of a fatal policy and would be the offer of a direct bounty to our armies rather to yield than to resist the enemy in battle. When the Government places the captured officer and soldier on the same footing with those who resist and overcome the enemy it goes as far in that direction as the public safety will permit.

The first section of act of 17th July, 1862, chapter 200, after abolishing commutation for forage, declares that it shall hereafter be issued to officers in kind for each horse actually kept by them when and at the place where they are on duty not exceeding the number authorized by law.” The stringency of this enactment would seem necessarily to cut off all allowances to officers for forage while prisoners of war.

No such stringency of legislation, however, has obtained in reference to allowances for servants. The servants of an officer need not necessarily attend upon his person. They may perform their duties at his home or elsewhere as he may direct. The law does not inquire what

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