MADISON, WIS., November 17, 1862. Hon. EDWIN M. STANTON, Secretary of War: I telegraphed you November 12 and since asking as to disposal of prisoners arrested for violently resisting draft by provost-marshal; will you please reply? More troubles are threatening. I cannot with force at my disposal guard prisoners and enforce draft. I have 150 prisoners now here. What shall I do with them? E. SALOMON, Governor. HEADQUARTERS OF THE ARMY, Governor KIRKWOOD, Iowa City, Iowa. GOVERNOR: Lieutenant-Colonel Ludlow reports to-day that all Iowa troops captured at Shiloh have been exchanged; that the Confederate authorities have never reported any prisoners in their hands taken at Belmont. It was supposed that General Grant had effected their exchange many months ago. The matter will be further inquired into. Very respectfully, your obedient servant, H. W. HALLECK, HEADQUARTERS DEPARTMENT OF VIRGINIA, Maj. Gen. H. W. HALLECK, General-in-Chief. GENERAL: I return herewith the letter* of the Secretary of the Treasury of the 16th of October with a copy of a letter* from Maj. R. W. Shenk, One hundred and thirty-fifth Pennsylvania Volunteers, of the 15th, which I received yesterday. Major Shenk charges that the "flag-of-truce boats are now and have heretofore been to great extent used in addition to their lawful mission to pass contraband goods and other articles through the lines at Aiken's Landing, on James River." He states two grounds for his charge. First, that a trunk containing clothes, &c., was placed by accident on board of the boat under his command; and second, that he was approached by a certain Col. Blanton Duncan, of Kentucky, to enter into an arrangement to pass goods, &c. On these grounds he brings a general accusation against the officers in charge of flag-of-truce boats, accusing not only them but the authorities here with want of ordinary watchfulness. Why did he not report these facts to me on his return from Aiken's Landing that I might institute proper inquiries to detect and punish the frauds and neglect which he charges upon officers here? Why send his charges to the Secretary of the Treasury, who could at best only refer them to me for examination and report? Major Shenk was not placed in charge of a flag-of-truce boat by my order. He came here from Washington. It is probable that the trunk to which he refers was put on board his boat there and that no one was in fault but himself. But he was placed under my control and it was his duty to have reported to me on his return from Aiken's Landing; the more so as he was detained here by me and sent several times up the James River. He not only neglected his duty but brought a totally unfounded accusation, as I believe, against others. * See Series I, Vol. XVIII, p. 429. I venture to say that flags of truce have never been used with a more careful regard to their sacred character than at this post. I have always selected the most discreet and vigilant officers and placed them under the most rigid instructions. So careful have I been not to violate them that I refused permission to one of the principal officers at this post to send some mourning garments to a little girl, his niece, in Richinond, that she might notice in the customary mode the death of a near relative. Passengers have only been allowed to take their wearing apparel, except in a single instance in which a French lady of advanced age had permission to take some claret for her own use. Confederate prisoners have not been permitted to take anything with them but their ordinary baggage, and articles in their possession not coming within this restriction have been uniformly taken from them. The only instance in which I have allowed anything to be sent to Aiken's Landing was for Mr. Aiken himself. He had been very kind to our sick officers and men and I allowed him to purchase in Baltimore four boxes of tin to repair his roof, 1,000 cigars and a dozen pocket handkerchiefs, all for his own use. I have been thus particular because Major Shenk, who appears to have had more zeal than discretion or just conception of his own duty, has been guilty of a breach of trust in failing to report to me the facts stated in his letter, and has done a great injustice to the officers in charge of flag-of truce boats by bringing accusations against them which imply either fraud or gross negligence. I am, sir, very respectfully, your obedient servant, JOHN A. DIX, ADJUTANT-GENERAL'S OFFICE, Washington, D. C., November 17, 1862. Hon. GIDEON WELLES, Secretary of the Navy. SIR: I have the honor to inform you that your letter of the 14th instant inclosing a list of officers and seamen of the U. S. Navy whom you desire to have exchanged as prisoners of war has been referred to Col. William Hoffman, commissary-general of prisoners, with instructions to carry out your wishes as early as practicable. I have the honor to be, sir, very respectfully, your obedient servant, E. D. TOWNSEND, Assistant Adjutant-General. OFFICE COMMISSARY-GENERAL OF PRISONERS, General H. G. WRIGHT, Washington, November 17, 1862. Commanding Department of the Ohio, Cincinnati, Ohio: If you have any rebel prisoners of war please send them to Cairo to be forwarded to Vicksburg for exchange. Notify General Tuttle and give me the number. By order of the Secretary of War: W. HOFFMAN, Commissary-General of Prisoners. OFFICE COMMISSARY-GENERAL OF PRISONERS, General DANIEL TYLER, Commanding, Camp Douglas, Chicago, Ill.: Company A and Company F, Fifth New York Artillery, the detachment Eighth New York Cavalry, Thirty-ninth, One hundred and eleventh, One hundred and twenty-fifth and One hundred and twenty-sixth Regiments New York Volunteers, now at Camp Douglas, have been exchanged, and you will order them immediately to this city under their respective commanders to report to the General-in-Chief. They will be armed here. By order of the Secretary of War: W. HOFFMAN, Commissary-General of Prisoners. OFFICE COMMISSARY-GENERAL OF PRISONERS, General J. M. TUTTLE, Commanding, Cairo, Il.: About 1,200 rebel prisoners of war will be immediately sent to Cairo to be delivered to the agent of the rebel authorities at Vicksburg. Please forward them as early as practicable according to instructions heretofore given. I have ordered duplicate rolls to be sent with each party. By order of the Secretary of War: W. HOFFMAN, Commissary-General of Prisoners. WAR DEPARTMENT, Washington, November 17, 1862. Hon. E. M. STANTON, Secretary of War. SIR: I have the honor to report that Rigby's battery, 2 captains, 3 first and 1 second lieutenant and 260 non-commissioned officers and men, taken at Harper's Ferry and composed of Indiana State troops, are declared exchanged. I am, very respectfully, your obedient servant, LOW, WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners. WAR DEPARTMENT, Washington, November 17, 1862. Hon. E. M. STANTON, Secretary of War. SIR: I have the honor to report that the Eighth New York Cavalry, Thirty-ninth Regiment New York Volunteers, One hundred and eleventh Regiment New York Volunteers, One hundred and fifteenth Regiment New York Volunteers, One hundred and twenty-fifth Regiment New York Volunteers and One hundred and twenty-sixth Regiment New York Volunteers, captured at Harper's Ferry, are declared exchanged. These regiments are now in camp at Camp Douglas, Chicago, Ill. I am, very respectfully, your obedient servant, Lieutenant-Colonel and Agent for Exchange of Prisoners. ADJUTANT-GENERAL'S OFFICE, Colonel HOFFMAN, Commissary-General of Prisoners. COLONEL: Please add to the list of New York State troops handed to you and declared exchanged: Fifth New York Artillery, Companies A [and] F. These are also at Camp Douglas and are exchanged. Please hand copy of the list so corrected, together with the others containing the names of Indiana troops declared exchanged, to the AdjutantGeneral to-day that they may be published with those now prepared by him for publication. I am, very respectfully, WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners. PAOLA, KANS., November 17, 1862. Major-General CURTIS, Commanding Department of the Missouri. GENERAL: At the earnest solicitation of a number of men, members of Company H, Twelfth Regiment Kansas Volunteers, I take the liberty of addressing you in their behalf. The subject of this grievance is as follows: In the latter part of September last a company of volunteers was recruited in Olathe, Johnson County, Kans., now Company H, Twelfth Kansas Volunteers, and at the time the town of Olathe was sacked and robbed by Quantrill's band some thirty or forty of Company H were taken prisoners and compelled to take an oath not to take up arms against the Southern Confederacy and discharged upon their parole. Since their return home some of them have been arrested and compelled to take up arms in their old company or be put into the guardhouse. I ask in their behalf that they be exchanged and released from their parole, or discharged from further service in Company H, as in your wisdom you may see fit. I am, sir, with the most profound respect, your obedient servant, [First indorsement.] NOVEMBER 24, 1862. GENERAL: In a decision by you which I sent as letter of instruction you hold that soldiers of the Second Kansas captured by Quantrill should be considered as prisoners of war, and when paroled by Quantrill not ordered to duty till exchanged, except "compatible' duty. [N. P. CHIPMAN.] [JOHN W.] NOBLE: [Second indorsement.] Do these men come under the rule governing prisoners of war? [Third indorsement.] [N. P.] CHIPMAN. I think not. Quantrill's band are guerrillas as I understand it. They would not be received by the enemy on exchange, and we would try them by military commission. If this is so they cannot be made prisoners of war while the cartel lasts. The remedy is to order the men to duty with the assurance that in case the enemy attempt to 46 R R-SERIES II, VOL IV treat them in case of regular capture with unusual severity the Government will make their cause its own. If they are taken by guerrillas they will be subject to no law and must not be taken. NOBLE. GENERAL ORDERS, HDQRS. DEPARTMENT OF THE OHIO, It having been officially reported that men who have never borne arms and are not of suitable age so to do have been paroled as prisoners of war by the enemy it is hereby ordered that no such prisoners be recognized or exchanged as prisoners of war. No condition introduced into a parole is binding unless included in the conditions embraced in the cartel published in General Orders, No. 142, War Department, Adjutant-General's Office, Washington, September 25, 1862, and therefore no such condition will be observed. The terms and meaning of the parole are fixed by the cartel and cannot be varied from. Where individuals see fit to incur obligations not authorized by Government and which the enemy has no right to impose such obligations will not be recognized. By command of Major-General Wright: N. H. MCLEAN, Assistant Adjutant-General and Chief of Staff. WAR DEPARTMENT, Washington, November 18, 1862. Adjutant-General HILLHOUSE, Albany: The New York paroled troops at Camp Douglas have been exchanged and ordered to Washington to be prepared for the field. EDWIN M. STANTON, Secretary of War. FORT HAMILTON, N. Y. Harbor, November 18, 1862. Lieut. E. M. COATES, Post Adjutant. (For Brigadier-General Bowen, commanding.) SIR: I expect some difficulty here with regard to the civil authority and the State prisoners at Fort Lafayette and I have to request that two full companies of volunteers be applied for and stationed at this post immediately. Very respectfully, your obedient servant, MARTIN BURKE, Lieutenant-Colonel Third Artillery. WAR DEPARTMENT, Washington, November 18, 1862. Lieut. Col. MARTIN BURKE, Commanding at Fort Lafayette: Direct Lieutenant Wood to make no answer. Allow no communication with any of your prisoners nor any communication with the fort until you receive instructions from the General-in-Chief, to whom your telegram has been referred. EDWIN M. STANTON, |