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time, but I do decidedly object to the South handing me over to Seward's Government at the present time, and as I did not believe that such was the intention of the Confederate Government I determined to leave the train at the first favorable opportunity. I therefore left the train and my not over-watchful guards near Lexington, N. C., and traveled to Danville, Va. I staid two days at Danville and thence to Lynchburg. From Lynchburg it was my purpose to proceed to Knoxville, Tenn., where I hoped to find some friends who might more readily understand my case than the over-pressed officers at Richmond. I was, however, unable to procure transportation and therefore altered my course for Charlottesville, which place I reached June 28, sixteen days' severe travel on foot from Lexington. As the battle at this time was raging before Richmond, my only object was to reach a retired spot where I might await a more quiet and convenient opportunity to bring my case before your Department.

Providence I believe directed me aright. Immediately on arriving here I reported to Captain Taylor, the commandant of this post. Captain Taylor heard my story and sympathized with me, offering to place me on parole under the care of his sergeant until the battle at Richmond was decided and he would have an opportunity to present my case to your Department. I much regret that since then Captain Taylor has removed from this post and therefore I am left to report my own case. I do so, however, quite readily and cheerfully, as I have every reason to believe that I shall receive justice at your hands.

WALLACE D. WATSON.

P. S.-I still believe that my plan for a gun-boat is of vast importance to the Confederate States and I shall be glad to lay the design before your Department if you will afford me the opportunity.

W. D. W.

WAR DEPARTMENT, Richmond, July 16, 1862.

His Excellency JEFFERSON DAVIS,

President Confederate States of America.

SIR: I have the honor to submit for your consideration a copy of a letter from the Hon. John B. Clark, with my reply. The latter part of the correspondence relating to matters of great importance I desire to receive your instructions before sending the letter to its destination. Very respectfully, your obedient servant,

GEO. W. RANDOLPH,
Secretary of War.

[Indorsement.]

Is it well to answer speculative inquiries? The answer you give expresses what must be our purpose, but it will be difficult to execute in cases where rumor will bring the only information. How can we know even the main facts of the murder of a citizen beyond our lines, and by troops with whose commander we have no means of communicating?

[Inclosure No. 1.]

J. D.

SPOTSWOOD HOUSE, Richmond, July 15, 1862.

Hon. GEORGE W. RANDOLPH, Secretary of War.

SIR: I respectfully desire to know from you whether the several par tisan corps of rangers now organized or that may be organized in the

several States of the Confederacy are to be regarded as part of the Army of the Confederacy and protected by the Government as such. And whether if any of said corps are captured in battle or otherwise while in the line of their duty by the enemy this Government will claim for them the same treatment as prisoners of war which is now exacted for prisoners belonging to our Provisional Army. Are not all corps of partisan rangers organized by your authority emphatically a part of the Confederate Army, and will they not be regarded and treated as such? I consider that it is not only the right but the duty of every loyal citizen in the Confederate States to resist by all means in his power, even to the death if necessary, the attempt of the enemy in a body or singly to invade his domicile or to capture his person or that of his wife, child, ward or servant, or to take from him against his will any of his property, and if in making such resistance, whether armed or not, our citizens are captured by such invading enemy, have they not the right to demand to be treated by the enemy as other prisoners of war, and will not this Government exert all its power if necessary to the end that its citizens are thus protected and treated? This is a war waged against the sovereignty of the several States of the Confederacy and against the lives, liberty and property of every citizen yielding allegiance to the States and Government of their choice in which they reside. Such a war has no parallel in the history of Christian nations. I respectfully request you to give me your opinions on the several points in this letter in a form to be submitted to my constituents to enlighten them in regard to the extent of their rights and powers as viewed by this Government, and how far their Government will protect them in the exercise of those rights which to an intelligent freeman are dearer than life itself. Your early answer is respectfully requested.

With great respect,

JOHN B. CLARK.

Mr. Randolph will please examine this letter, and if there is anything in it too strongly stated in his judgment he will alter it to suit his views, so that his answer will agree with my letter. When completed please send with his answer a copy of my letter as answered by him. I would like very much to get his answer this evening.

Respectfully,

[Inclosure No. 2.1

J. B. CLARK.

WAR DEPARTMENT, Richmond, July 16, 1862.

Hon. JOHN B. CLARK, C. S. Senate.

SIR: I have the honor to acknowledge the receipt of your letter of the 15th instant, and to reply that partisan rangers are a part of the Provisional Army of the Confederate States, subject to all the regulations adopted for its government and entitled to the same protection as prisoners of war. Partisan rangers are in no respect different from troops of the line, except that they are not brigaded and are employed oftener on detached service. They require stricter discipline than other troops to make them efficient, and without discipline they become a terror to their friends and contemptible in the eyes of the enemy. With reference to your inquiry as to the protection which the Government will extend to private citizens taken in hostile acts against the enemy, it is not easy to lay down a general rule. War as conducted by civilized nations is usually a contest between the respective Governments of the belligerents, and private individuals remaining quietly at

home are respected in their rights of person and property. In return for this privilege they are expected to take no part in hostilities unless called on by their Government. If, however, in violation of this usage private citizens of Missouri should be oppressed and maltreated by the public enemy they have unquestionably a right to take arms in their own defense, and if captured and confined by the enemy under such circumstances they are entitled as citizens of the Confederate States to all the protection which their Government can afford, and among the measures to which it may be needful and proper to resort is that of the lex talionis. We shall deplore the necessity of retaliation as adding greatly to the miseries of the war without advancing its objects, and therefore we shall act with great circumspection and only upon facts clearly ascertained; but if it is our only means of compelling the observance of the usages of civilized warfare we cannot hesitate to resort to it when the proper time arrives.

Very respectfully, your obedient servant,

[Indorsement.]

This being a rough draft without signature I have taken the liberty to interline in pencil for your consideration.

J. D.

RICHMOND, July 16, 1862.

General EARL VAN DORN, Vicksburg, Miss.:

The arms are generally damaged and need repair, but we will send some of them as soon as possible if you will indicate the number you require and the point at which you wish them delivered. I congratu late you on your successful defense of Vicksburg. You have done much to raise the spirits of the country. The Washington Government has agreed to a general exchange of prisoners, and General John A. Dix on their side and General D. H. Hill on ours are now arranging the details.

GEO. W. RANDOLPH,
Secretary of War.

SPECIAL ORDERS, · HEADQUARTERS DEPARTMENT No. 2,

No. 121.

Tupelo, Miss., July 16, 1862.

I. At a military commission, convened by virtue of Special Orders, No. 112, paragraph VII, Headquarters Department No. 2, at Tupelo, Miss., on the 14th day of July, 1862, was tried Simeon Tidwell, a citizen of the Confederate States, on the following charges and specifications:

CHARGE: Treason.

Specification. In this, that the said Simeon Tidwell, being a citizen of the Confed erate States, on or about the 4th day of July, 1862, in the State of Mississippi, did steal certain negro slaves, the property of Ferguson and Fitzhugh, with intent to deliver them over to the enemy.

To which charge and specification the prisoner pleaded as follows:

To the specification, "Not guilty."

To the charge, "Not guilty."

Finding and sentence.

The commission, after mature deliberation on the testimony adduced, finds the prisoner, Simeon Tidwell, as aforesaid, as follows:

Of the specification, "Guilty."

Of the charge, "Guilty."

And the commission does therefore sentence him, the said Simeon Tidwell, to be put to death by hanging, at such time and place as the general commanding may direct.

II. The proceedings, findings and sentence are approved and the general commanding directs that the said Tidwell be executed at or near Tupelo on Friday, the 25th of July, 1862, at 12 m. The commanding officer of the Army of the Mississippi is charged with the due execution of the foregoing order.

L

By command of General Bragg:

THOMAS JORDAN,

Chief of Staff.

HEADQUARTERS DEPARTMENT OF HENRICO,
Richmond, July 16, 1862.

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Those in Alabama and Salisbury are approximations, as changes have been made by the officers in command in Alabama and North Carolina which have not yet been reported.

A report has been called for from each of those places, which may be looked for very soon. The prisoners captured in the West and Southwest have never been reported here and I know nothing of them. The list of paroled prisoners as far as heard from will be ready to

morrow.

Respectfully,

JNO. H. WINDER,
Brigadier-General.

NAVY DEPARTMENT, OFFICE OF ORDERS AND DETAIL,
Richmond, July 16, 1862.

Hon. G. W. RANDOLPH, Secretary of War.

SIR: In view of the contemplated exchange I have the honor to inclose herewith a list* of Confederate naval officers captured and held as prisoners of war by the United States Government. The Department is not in possession of the number of men captured, very incomplete returns having been made to it.

I have the honor to be, very respectfully, your obedient servant,
F. FORREST,
Chief of Bureau, &c.

* Nominal list omitted; it included 1 captain, 1 commander, 13 lieutenants, 1 paymaster, 1 assistant paymaster, 6 acting masters, 1 midshipman, 3 acting midshipmen, 1 first assistant engineer, 5 second assistant engineers, 7 third assistant engineers, 1 master's mate, 3 captain's clerks, 1 paymaster's steward, 1 gunner, 1 second gunner, 1 carpenter, 1 pilot. Total, 49.

HEADQUARTERS DEPARTMENT OF NORTHERN VIRGINIA,

Brig. Gen. J. H. WINDER.

July 17, 1862.

GENERAL: The commanding general authorizes the employment of such forces as you have about Richmond if need be for the proper protection of the prisoners. He, however, further desires that measures may be adopted to prevent a recurrence of difficulties about bread, as its want is calculated to discredit us and naturally to exasperate the prisoners, who have a right to expect a sufficiency to appease hunger. I am, general, respectfully, your obedient servant,

[R. H. CHILTON, Assistant Adjutant-General.

[Form 22.]

Invoice of subsistence stores (provisions) delivered by Capt. John M. Galt to Capt. J. V. L. Rodgers, assistant quartermaster for Federal prisoners at Fair Grounds, Lynchburg, on the 17th day of July, 1862.

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I hereby certify that I have this day transferred to Capt. J. V. L. Rodgers, assistant quartermaster of Federal prisoners, C. S. Army, the articles specified in the foregoing list.

JNO. M. GALT,

Captain, Assistant Commissary of Subsistence, C. S. Army. "

HEADQUARTERS DEPARTMENT OF NORTHERN VIRGINIA,

Brig. Gen. JOHN H. WINDER,

July 18, 1862.

Commanding Department of Henrico. GENERAL: Your letter* of the 16th was received last night and you were informed to use all the force at your command for the security of the prisoners. I request you will send me a return of the troops under your orders and their disposition, and whether they are sufficient for the purpose. I desire you also to make arrangements to supply the prisoners with their rations. I see no reason for their being in want of bread. There is plenty of flour in Richmond and with proper arrange ments it could be baked.

I have the honor to be, your obedient servant,

R. E. LEE,

*Not found.

General.

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