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they do or where they do it, but whether they are in the number for which allowance is claimed in good faith retained in the employment and under the direction of the officer as servants. The suggestion that their services must in some way or other be performed in connection with the official duties of the officer is not justified by the spirit or language of the legislation upon the subject. The act of 24th of April, 1816, speaks of them as the private servants” of the officer, and so they are in the full sense of the term. If as is intimated by the Comptroller a practice has grown up on the part of captured officers of signing pay certificates including charges of forage for horses and wages for servants known not to bave been kept at the time and place of their imprisonment, such practice should be suppressed so far as it may be found to conflict with the principles herein announced.

The objection as expressed by the Comptroller would certainly be fatal to any claim for forage but unavailable against one for servants. This class of accounts should be strictly scrutinized and officers sbould be admonished as to the prevailing construction of the laws under which they are rendered. Under the Fourteenth Article of War an officer certifying to the Government falsely in regard to his pay is liable to be dismissed froin the service, and most assuredly a paper followed by such penal consequences should not be suffered to become the basis of a claim against the Treasury.

Paroled prisoners so far as pay and allowances are concerned must be regarded as in actual service. Officers, however, thus circumstanced unless engaged in other service than that against the rebels are not on duty in the sense of the first section of the act of 17th July, 1862, chapter 200. The terms of their parole oblige them to desist from the performance of military duty against the rebels until regularly exchanged, and they must be recognized and treated by the Government as keeping their parole. It is not intended by the General Orders, No. 9, either to enlarge or restrain the acts of Congress or the usages of the service in reference to the pay and allowances due our officers and soldiers while in captivity. The object of the Secretary was simply in brief terms to announce to them their rights under existing laws in the event that in the fortunes of war they should be captured by the enemy. Very respectfully, your obedient servant,

J. HOLT,
Judge-Advocate-General.

1

HEADQUARTERS, Camp Chase, October 25, 1862. Col. WILLIAM HOFFMAN.

COLONEL: I herewith inclose certified rolls* of two detachments of prisoners of war belonging to the Confederate Army forwarded by me from this post to Cairo, III., for exchange; one of 191 prisoners, September 29, 1862, and one of 49 prisoners, October 13, 1862. Also a roll* of 38 irregular prisoners of war transferred by me yesterday, 24th instant, from this post to Johnson's Island, Sandusky.

An explanation is necessary as to keeping part of these last-named prisoners after they should have been sent to Johnson's Island. It is this: When sent here there were no charges furnished and they were registered as citizens. When the charges arrived they were filed but no change made upon the books. The facts have just come to my knowledge and I have caused your orders to be enforced as to them.

* Omittedl.

Three of the party (lately arrived here and sent up) apparently demand special attention, and that you may properly understand their cases I inclose a copy of General Morgan's letter which accompanied them to this post. I am, colonel, very respectfully, your obedient servant,

PETER ZINN, Major Governor's Guards, Commanding Post.

(Inclosure.] HEADQUARTERS U.S. FORCES,

Portland, Ohio, October 10, 1862. His Excellency Governor TOD, Columbus, Ohio.

GOVERNOR: In charge of Sergeant Reynolds, a brave soldier and the best scout in my army, I send Charles H. Breck, son of Judge Breck, of Richmond, Ky., Captain William B. Jones and Robert F. Price. Breck's father is one of the best Union men in Kentucky, but his son is a dangerous secessionist, though said to be a worthy man in social relations. Jones had been in the rebel army and desires to re-enter it. He is a bad as well as a dangerous man. Both Jones and Breck were captured at Big Creek Gap, Ky., while entering Kentucky with a band of armed rebels. I offered to parole them on condition of their never again giving aid to the rebels or doing aught to the prej. udice of the Union. They refused, hence they remain prisoners. Breck depends on the influence of his father to secure his release, which he once before did. I advise against it unless he gives a stringent parole. He has sufficient ability to do prejudice to our cause. Price is a mere scout and spy of the enemy, but a very dangerous one. He is the nephew of the brave and noble Garrard, colonel of the Third [Seventh Kentucky Regiment in the national service. I am, Governor, with high respect, your obedient servant,

GEORGE W. MORGAN,

Brigadier General.

HANNIBAL, Mo., October 25, 1862. General MERRILL:

Captain McDonald has just come in with flag of truce to me to see what terms he could make for his men. He can bring in he thinks some seventy. He is willing to surrender all as prisoners of war if they can be exchanged at the will of the Confederate Government. Also have the assurance for his men that the lives of those who have taken the oath will be spared.

T. D. PRICE,

Provost-Marshal.

HEADQUARTERS OF THE ARMY.

Washington, October 25, 1862. His Excellency S. J. KIRKWOOD,

Governor of Iowa, Iowa City. SIR: Your letter of the 21st instant is just received. I regret that you should

suppose that the Government has made any distinction in the exchange of Eastern and Western prisoners of war. The exchange is made precisely in the order of date in which the prisoners are deliv. ered by the enemy within our lines. The enemy retained the Shiloh

prisoners in the South an unreasonable length of time after the cartel was agreed upon, and I learn from General Prentiss that this was evidently done to produce an impression in the West that a preference was given to Eastern troops. You will see that this detention was in direct violation of the provisions of the cartel. As soon as officers and men enough are exchanged to reform a regiment those attached to other organizations will be returned to their original regiments. All of our paroled prisoners are exchanged as rapidly as we can deliver an equivalent within the enemy's lines. The rule adopted is those first delivered are to be first exchanged. Very respectfully, your obedient servant,

H. W. HALLECK,

General-in-Chief.

HEADQUARTERS DEPARTMENT OF THE GULF,

New Orleans, October 25, 1862. Hon. EDWIN M. STANTON, Secretary of War:

I have the honor to report that I have forwarded by the steam-ship Cahawba under the charge of Captain Puffer certain discharged soldiers, three insane men and three clergymen of the Protestant Episcopal Church. I have directed the three clergymen to be turned over to the care of the U.S. marshal at New York subject to the order of the War ! Department.

The insane men Captain Puffer will take with him to Washington and deliver to the Solliers’ Insane Asylum.

One of the clergymen, the Rev. Doctor Leacock, preached a sermon on the 29th of November, 1860, which was afterwards published and run through four editions of about 30,000. I inclose the vital extract. | You will see that it was highly incendiary in its nature. He is an Englishman born, but I believe has been naturalized in this country; at any rate I have his written admission that he does not claim British protection; he has been in New Orleans about six years and I think he has been an emissary of the British Government. The Rev. Mr. Fulton is a clergyman who was for a considerable time a private in the rebel army. Another, the Rev. Mr. Goodrich, has been an active and violent secessionist. All these men have refused to take the oath of allegiance, and although the Military Governor of Louisiana, General Shepley, ordered that they should read the service adopted by the Protestant Episcopal Church in the United States, including the prayer for the President of the United States, they have neglected to obey the order, and though warned of the consequences of disobeying the order they have still contumaciously refused to obey it. I think them much more mischievous in this city than they would be as soldiers in arms in the Confederate service and I send them to Fort Lafayette so that they will at least be out of mischief during the remainder of the war.

The only excuse they have to make to me in personal examination is that the diocesan bishop, I believe the right reverend warrior bishop, General Polk, has prescribed a different form of service, and that they are therefore canonically obliged to disobey the orders of the authori. ties here.

Any other information about them if desired by the Department will be forwarded if directed. I bave the honor to be, &c.,

BENJ. F. BUTLER,
Major-General, Commanding.

* Not found.

HEADQUARTERS ARMY OF WEST TENNESSEE,

Holly Springs, Miss., October 25, 1862. Major-General ROSECRANS,

Commanding U. 8. Forces at Corinth, Miss. GENERAL: Your letter of October 15, brought under flag of truce by Lieutenant-Colonel Ducat to this place, was received and immediately forwarded to Lieutenant-General Pemberton, commanding at Jackson, Miss. By him I am directed to reply to you.

Without recapitulating the several articles in your communication I will reply to them in the order in which they appear.

1. You are correct in the supposition that paroled prisoners are not detailed for garrison duty or any other duty of a military nature under sanction of lawful authority. I may add that no such details have ever been made within my knowledge by any authority. I can assure you, sir, that nothing dishonorable will be sanctioned by the military authorities in this department.

2. No distinction is made in the issues of rations to prisoners of war and to our own soldiers. You cannot complain of this. The necessities of war may sometimes make captivity uncomfortable to your men, but humanity shall never be forgotten by me under any circumstances. I think you have been misinformed in regard to prisoners of war having been confined with negroes and suspicious characters. Upon inquiry I can learn of no such abuse.

3. All prisoners of war captured by the army under my command at Corinth and Hatchie Bridge have been sent to Vicksburg to be paroled and sent to Memphis. I presume ere this you have received official notification of this from the proper authorities at that city.

4. Lieutenant-General Pemberton has been pleased to reply to this article in his letter* to you, which I herewith have the honor to inclose.

5. Iuka, as all other points within the sphere of action of this army or yours, must be considered liable to the vicissitudes of war.

In conclusion allow me to express to you my gratification at the humane manner of your treatment to our prisoners of war and for the burial honors paid by you to the gallant dead who fell under your batteries. Such actions betoken the brave soldier and honorable gentleman and can by no construction ever prove injurious to any cause. They will ever be cheerfully reciprocated by your opponents. I am, very respectfully, your obedient servant,

EARL VAN DORN,

Major-General.

HEADQUARTERS ARMY OF THE FRONTIER,

Elk Horn, October 25, 1862. Maj. H. Z. CURTIS, Assistant Adjutant-General, Saint Louis.

MAJOR: I have the honor to forward to major-general commanding a communication just received from Brigadier-General Marmaduke, C. S. Army, inclosing copy of a letter from General Hindman to Major General Curtis, the original of which it is said was forwarded through Brigadier-General Steele. This communication was sent by flag of truce which is still detained at our advanced pickets. I am able to see no good reason for sending this duplicate message except as an excuse for sending a flag bearer and thereby gain information. In view of this

* Omitted here; Pemberton to Rosecrans, October 22, 1862, p. 641.

fact and the character of General Hindman's communication I deem it proper to detain the bearer of the flag of truce until I can receive instructions from the major-general commanding. I am, major, very respectfully, your obedient servant,

J. M. SCHOFIÉLD,

Brigadier General.

[Inclosure.)

HEADQUARTERS ADVANCE, ARMY IN THE FIELD,

Camp on War Eagle Creek, Ark., October 23, 1862. COMMANDING OFFICER U. S. FORCES, Near Huntsville, Ark. :

I am directed by Major-General Holmes, C. S. Army, commanding Trans-Mississippi Department, to send by flag of truce the accompany. ing official paper* which he reqnests that you will forward with as little delay as possible to Major General Curtis, U. S. Army. The original (of which this is a copy) was sent to Brigadier-General Steele, V. S. Army, with a request that he would forward the same to Major-General Curtis,

Lieutenant McCoy, First Missouri Cavalry, is the bearer of this flag of truce. Very respectfully, your obedient servant,

J. S. MARMADUKE,
Brigadier-General, O. S. Army, Commanding.

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WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE,

Washington, D. C., October 25, 1862. COMMANDING OFFICER, Fort Warren, Boston Harbor, Mass. :

By direction of the Secretary of War you will not permit any civil officer or other person to enter your fort to serve any civil process, writ or order, and you will not obey or notice or permit any person under your command or in your custody to obey or notice any such process, writ or order whether service of the same shall have been made or not.

L. THOMAS,

Adjutant- General.

OFFICE COMMISSARY-GENERAL OF PRISONERS,

Washington, D. C., October 25, 1862. General L. THOMAS,

Adjutant-General U. 8. Army, Washington, D. C. GENERAL: In laying the accompanying paper before the Commanderin-Chief I would respectfully call attention to the fact that the restrictions on the service of paroled soldiers are twice specified in the cartel, covering nearly all the duties that may be required of a soldier, and besides it distinctly states: “They shall not be permitted to discharge any duty usually performed by soldiers," and if it is to be understood as it reads they can perform no service. But if the War Department is at liberty to say that it could not have been meant or understood by the parties making the arrangement that troops so paroled were restricted from performing any of the ordinary camp or garrison duties

* Omitted here; Holmes to Curtis, October 11, Series I, Vol. XIII, p. 726.

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