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office it is found that but four of the officers mentioned are reported exchanged, the remaining three it is probable have not been. I am directed by the commissary-general of prisoners to give you their names and request that you will please submit them for exchange at your earliest convenience. They are as follows: Captain Schuster, Third Missouri Volunteers; Lieutenant Lademann, Third Missouri Volunteers; Lieutenant Fischer, Third Missouri Volunteers.

Very respectfully, your obedient servant,

H. M. LAZELLE,

Assistant to Commissary-General of Prisoners.

U. S. ARMY GENERAL HOSPITAL, Portsmouth Grove, R. I., November 19, 1862.

Col. WILLIAM HOFFMAN,

Commissary-General of Prisoners, Washington, D. C.

SIR: Your telegram dated the 18th asking by whose order were the paroled prisoners sent to Portsmouth Grove, what States they are from and the number has been received. The order was from the medical director's office, Washington City, date October 21. A list of their States and the number of men follows:

Twelfth Michigan, 27; Thirteenth Michigan, 2; First Michigan Engineers, 7; Eighteenth Missouri, 19; Second Michigan Cavalry,3; Twentythird Missouri, 60; Seventh Illinois Cavalry, 6; Fourth Kentucky Cavalry, 3; Seventy-first Ohio, 6; Second Illinois Battery, 3; Eighth Illinois, 3; Thirty-fifth Indiana, 1; Fourth Ohio Cavalry, 1; Fifty-ninth Illinois, 2; Ninth Illinois, 1; Fifty-second Illinois, 1; Fifty-sixth Illinois, 1; Thirty-first Indiana, 1; First Wisconsin, 1; Eighteenth Michigan, 1; Thirty-seventh Indiana, 17; Forty-sixth New York, 14; Third Michigan Cavalry, 4; First Michigan, 1; Second Tennessee, 2; Forty-seventh Illinois, 2; Eighteenth Wisconsin, 12; Fourth Kentucky, 1; Twentyfourth Kentucky, 1; Forty-first Illinois, 1; Forty-second Illinois, 3; Twenty-first Missouri, 2; Twenty-seventh Illinois, 4; Fourth Ohio, 3; Seventh Illinois, 1; Forty-eighth Indiana, 1; Third Michigan, 1; Fourth New Hampshire, 4; Gun-boat Kingfisher, 2; Second Michigan Battery, 3; Twenty first Ohio, 2; Seventy-seventh Ohio, 1; Twenty-fifth Missouri, 4; Fifty-seventh Illinois, 1; Buel's Missouri Battery, 1; Fourth Illinois Cavalry, 2; Forty-sixth Ohio, 1; Fifty-seventh Ohio, 1. Total of paroled prisoners, 241.

I am, sir, your obedient servant,

H. LAWRENCE SHELDON, Assistant Surgeon, U. S. Army, in Charge.

LEAVENWORTH, KANS., November 19, 1862. COMMISSARY-GENERAL OF PRISONERS, Washington, D. C.

SIR: I am requested to address you concerning the status of enlisted men who have been paroled by the rebels. Some twenty men of the Ninth Wisconsin Infantry were wounded in battle at Newtonia, Mo., about two months since and captured by Colonel Cooper's Confederates and sworn not to take arms or fight against the Southern Confederacy. They deem themselves discharged from U. S. service on their arrival

here under an order of the War Department issued some time ago. Will you do me the honor for them to reply at an early date showing their relation to the service?

I am, very respectfully,

THOS. M. O'BRIEN.

SANDUSKY, OHIO, November 19, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners :

About 300 prisoners came from Alton yesterday. Shall any of these be sent? Shall prisoners be retained who have signed request to take oath of allegiance? Do I understand the order rightly to include all prisoners but citizens? And those names excepted there will be over 800. Captain Read has gone to Sandusky to see about transpor tation. No ice whatever. Shall send more than one company for guard.

W. S. PIERSON,

Major.

WHEELING, VA., November 19, [1862.]

COMMANDING OFFICER, Camp Chase.

SIR: I forward to you forty-six prisoners of war whose descriptive lists are inclosed. Very respectfully, your obedient servant,

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

Personally I should feel disposed to treat Imboden's men as guerrillas, but I do not think the War Department will make the distinction. You can refer the matter to Col. William Hoffman, commissary-general of prisoners. I desire very much to be informed when citizen prisoners are released or sent to Johnson's Island. They should not be released without Governor Peirpoint's recommendation, but I know that in some cases it has been done.

Col. WILLIAM HOFFMAN,

ALTON, ILL., November 19, 1862.

Commissary-General of Prisoners, Washington, D. C.

COLONEL: Your letter* of the 13th instant, to-day's telegram* and telegram* of yesterday to Colonel Hildebrand, were all received to-day. If the transportation is furnished the prisoners will be forwarded to Cairo on the morning of the 21st instant. It requires some time to correctly make out the rolls and to investigate their claims for exchange. The rolls here are so obviously incorrect that they are but little indication of the character of the prisoners.

Prison affairs here are much complicated. It will require time for investigation and to fully enforce your instructions. If I had the authority I would assume the temporary command of the prison and would soon enforce the reforms you desire. As I have neither the rank nor the position in your department, but merely your agent, I cannot act but by your authority and through the prison commander.

*Not found.

- While Colonel Hildebrand apparently does all in his power you cannot imagine how provokingly tedious my instructions are carried out and the information I require is obtained. Every direction I give I must personally enforce. All information I require must be drawn out. There has been a complete want of system, method and organization in everything that relates to prison affairs. None of the officers fully understand their duties and obligations.

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It appears that General Grant as well as General Curtis has released and paroled prisoners here without your authority or knowledge and in opposition to your regulations and oft-repeated instructions. With the orders of the War Department, the circular from your office, and your letters before him, the commanding officer pleads want of informa-V tion as his excuse. I am investigating this matter and will inform you fully to-morrow.

Captain Mason, late adjutant, has been promoted to major, for what peculiar merit I am unable to understand. He has charge of money accounts, returns, rolls, &c., and every return sent to your office has been sent back for correction. He is now absent with detachment of prisoners sent to Sandusky, and everything in his office is in such confusion that I will be unable to correct September and October returns until his return to this post. He is expected back to-morrow. The One hundred and twenty-sixth Illinois Volunteers, stationed here, have been ordered South. Their services are not required here.

I am, colonel, very respectfully, your obedient servant,
H. W. FREEDLEY,
Captain, U. S. Army.

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GENERAL ORDERS, WAR DEPT., ADJT. GENERAL'S OFFICE, Washington, November 19, 1862.

No. 191.

I. The following announcement is officially made of the result of the recent exchange of prisoners of war arranged at Aiken's Landing November 11, 1862, and all officers and enlisted men interested will be governed accordingly:

1. All officers and enlisted men in the U. S. service who have been captured and paroled in Virginia and Maryland up to November 1, 1862, except the officers and enlisted men captured and paroled in September, 1862, at Harper's Ferry and not hereinafter mentioned, and all deliveries of prisoners up to November 11, 1862, made to the U. S. authorities in the Peninsula and its adjacent waters, are included in this exchange.

2. All officers and enlisted men captured and paroled at Santa Rosa Island October 4, 1861.

3. All officers and enlisted men captured and paroled at Chambersburg, Pa., October 4, 1862.

4. The Seventy-first Ohio Volunteers, captured at Clarksville, Tenn. 5. Officers and enlisted men captured at South Mills, N. C.

6. One hundred and four non-commissioned officers and privates belonging to the Second U. S. Cavalry, First U. S. Infantry, Sixth U. S. Cavalry, Second U. S. Artillery, Third U. S. Infantry, Sixth, Eighth, Tenth, Eleventh, Twelfth, Seventeenth U. S. Infantry, Fourth and Fifth U. S. Artillery, sent from Annapolis, Md., to Fort Columbus, N. Y., October 4, 1862.

7. All officers and enlisted men captured at or near Richmond and Lexington, Ky., by the forces under the command of General E. Kirby Smith.

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8. All officers and enlisted men delivered to Captains Lazelle and Swan on the 1st, 5th, 7th, 12th and 26th of September, 1862, and the 18th of October, 1862.

9. All officers and enlisted men paroled at Cumberland Gap on the 2d and 11th of October, 1862.

10. All officers and men of Indiana troops captured at Munfordville, Ky., September 17, 1862.

11. Company A and Company F, Fifth New York Artillery; detachment of Eighth New York Cavalry; Thirty-ninth, One hundred and eleventh, One hundred and fifteenth, One hundred and twenty-fifth and One hundred and twenty-sixth Regiments New York Volunteers; all captured at Harper's Ferry and now at Camp Douglas.

12. All officers and men of Rigby's and Von Sehlen's Indiana batteries taken at Harper's Ferry.

All paroled officers and soldiers who come under any of the foregoing classes now absent from the several camps of rendezvous established in paragraph 3 of General Orders, No. 72, of 28th June, from the War Department, whether with or without leave, except in cases of sick leave granted by the proper authority, will immediately repair to camps as follows, viz: Those in New England to Camp Joe Hooker, Lakeville, Mass.; those in New York and Pennsylvania to the camp at Elmira, N. Y.; those in Ohio to Camp Wallace, near Columbus; those in Illinois to Camp Butler, Ill.; those in Michigan to Camp Backus, Mich.; those in Wisconsin and Minnesota to Camp Randall, near Madison, and all others in Western States to Camp Benton, Mo.

The commanders of the several camps named except Camp Wallace, Ohio, Camp Parole, at Annapolis, and Benton Barracks, Mo., will from time to time as sufficient numbers are assembled forward them to the general camps established in General Orders, No. 70, Camp Wallace being substituted for Camp Chase.

The paroled troops in Indiana absent from Camp Morton or other camps established by Governor Morton, not on sick leave, will immediately repair to the camps at which their regiments are stationed or to Camp Morton if the regiment is in the field. The regiments at these camps will receive special instructions.

Military commandants and recruiting officers in the different States will furnish transportation to all paroled officers and soldiers who are to report under this order and will furnish the names of all persons so provided, with the amount paid for each, to the commander of the camp to which they are sent, who will forward it, adding any additional amount furnished for transportation, to the commander of the general camp to be finally entered upon the company rolls unless it is shown that the absence was authorized. The transportation thus paid by recruiting officers will be refunded by the Quartermaster's Department. Commanders of camps temporarily established for the accommodation of paroled troops who are now exchanged will immediately forward all who may be present to the nearest of the general camps above named. II. The following-named citizens and employés of the army are also declared fully exchanged.*

Individual certificates of exchange are not given. The foregoing order covers all cases.

By order of the Secretary of War:

E. D. TOWNSEND, Assistant Adjutant-General.

*Nominal list of 187 names omitted.

GENERAL ORDERS, Į HDQRS. DEPT. OF THE CUMBERLAND, Nashville, Tenn., November 19, 1862.

No. 19.

To avoid misunderstanding as to the relations between soldiers and citizens, to define the duties of the troops of this command and the rights of others, which they are required to respect, the general commanding directs as follows:

I. All who acknowledge the obligations of citizens of the United States are entitled to all the rights, privileges and protection due to any citizen.

II. Peaceable inhabitants who honestly and truly abstain from any interference directly or indirectly with military matters or movements are by the laws of humanity entitled to protection from violence or plunder. They are quasi citizens and shall be allowed to follow their avocations and enjoy their local rights, subject only to needful surveillance to prevent them from being used as tools for mischief.

III. Those who are hostile to our Government, repudiating its Constitution and laws, have no rights under them. Their claims to such are absurd. The only laws to which they can appeal and which we are bound to observe toward them are the laws of war and the dictates of humanity.

IV. Those persons who act in the double character of citizens and belligerents, or who affecting to belong to regular partisans are nevertheless removed from the reach of all proper military control, are by the law of nations pirates and robbers. By roving through the country they convert every house into a suspected fort and deprive the harmless inhabitants of the protection and safety due to their garb and character and spread demoralization and distress wherever they go. They combine the meanness of the spy with the cowardice of the assassin who lurks in disguise to stab his unsuspecting victim. Outlaws and enemies alike of the Government, of the poor people upon whom they subsist, and mankind, they are entitled to no rights but such as may be claimed by pirates and robbers and can ask for none other at our hands.

V. No nation or cause can be benefited by injustice. The general confidently hopes and expects from the officers and soldiers of his command that they will set an honorable example of strict observance of these rights-an example worthy of the just cause in which they are periling their lives and all that is dear to them on earth. To this end all commanders of troops are enjoined to enforce the prohibitions against soldiers entering private residences or premises without written permission or order, given on the spot by a commissioned officer, who will be held responsible for it and for all that is done.

VI. Stragglers and those villains of every grade and class who follow our camps, generally dressed in soldiers' garb and appearing as stragglers, perpetrate most of the outrages which desolate the course of armies. All officers are therefore enjoined to put a stop to straggling by every means in their power. As the company officers are chiefly responsible for this, when stragglers from any companies are reported the general commanding will deal with the company officers in the most summary manner. Any commissioned officer committing such straggling will be dismissed from the service. Division, brigade and regimental commanders will in like manner be held accountable for not enforcing this order among their subordinates. By command of Major-General Rosecrans:

J. P. GARESCHÉ, Assistant Adjutant-General and Chief of Staff.

47 R R-SERIES II, VOL IV

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