[Inclosure No. 3.] HDQRS. 2D BRIGADE, ARMY SOUTHWESTERN VIRGINIA, Col. GEORGE CROOK, U. S. Army, Commanding at Meadow Bluff. SIR: Your communication of the 10th instant relative to the attempted murder of a Confederate prisoner of war by Federal soldiers of Captain Harrison's company was not answered sooner because I had just assumed the command at this point and desired to be informed of the facts and to confer with the commanding general, but being now fully advised I have to say that Captain Powell, who lately bore a flag of truce from your camp to this, stated in the presence of a number of officers of this command that the prisoner Robinson was shot after he had surrendered by men of Captain Harrison's company, and that they would have shot another prisoner taken at the same time but for his interference. Captain Powell will no doubt cheerfully give you the additional evidence asked for in your letter. With regard to your statement* that Samuel Price, of Lewisburg, will be held responsible in his person for any cruel or unusual treatment of Dr. William P. Rucker, I am advised to say that Rucker is a citizen of Virginia, owing allegiance to this State and to the Confederate States, and that neither the Confederate Government nor the State of Virginia will allow the Government of the United States nor any of its authorities to dictate the punishment to be inflicted on their own disloyal citizens. The seizure and imprisonment of Price as a hostage for Rucker is manifestly a violation of the usages of civilized warfare and to harm him will be a high crime. That you and your general commanding may know the determined purpose of my Government to protect and avenge its own people I respectfully inclose to you a lettert of President Davis to General Lee, dated July 31, 1862, to which is appended General Orders, No. 54.† Yours, respectfully, JOHN S. WILLIAMS, Brigadier-General, Commanding, &e. [Sub-inclosure.] HEADQUARTERS EIGHTH VIRGINIA CAVALRY, Camp at or near Union, Va., August 11, 1862. Confederate version of the] Statement of Captain Powell, commanding cavalry company of Col. George Crook's command at Meadow Bluff, and the bearer of a communication under flag of truce to the commanding officer of Confederate forces at or near Union, Monroe County, Va., in relation to the shooting of Private Robinson, Company F, Eighth Virginia Cavalry, after having surrendered himself a prisoner of war. Captain Powell having been interrogated as to the facts of the case replied substantially as follows: I think an apology due to your people and had determined to make an explanation the first opportunity. Robinson was shot, I believe, after he had surrendered, by members of Captain Harrison's company, a portion of whom constituted the advance and the remainder bringing up the rear of the command, this being the order of our march at the time Robinson was shot. My own company did not participate in the shooting, several of whom testified to his having been shot after h See inclosure No. 2, ante. ↑ Both omitted here; see ante, in their chronological order. surrendered himself. In fact, I had to interpose my authority to prevent members of the same (Captain Harrison's) company from shooting another prisoner taken a short distance in advance of the first, even threatening them with arrest. We have no lists of paroled officers taken in the West; no lists of the prisoners paroled by General Earl Van Dorn in Texas; only 1,300 reported as taken at Shiloh, and very few returns of paroled prisoners in the West. Many of the returns make no distinction between noncommissioned officers and privates. Unless these lists can be supplied there is reason to fear that the balance will be largely against us, although in fact we think it is in our favor. I must request that every exertion be made to send the lists speedily to the Department. We are informed that our prisoners may be expected in a few days at Vicksburg. GEO. W. RANDOLPH, Secretary of War. EXECUTIVE DEPARTMENT, August 15, 1862. Hon. G. W. RANDOLPH, Secretary of War. SIR: Since my communication to you of July 28 last and your reply of the 31st of the same month occurrences have transpired which make further correspondence necessary upon the subjects therein referred to and subjects of a kindred character. I understand that the prisoners recently confined at Lynchburg, captured by General Jackson and belonging to Northwestern Virginia regiments, organized by the authority and with the approbation of the usurped government under Peirpoint, have been ordered to this city preparatory to being exchanged, and some of them have actually been exchanged under the cartel recently agreed upon between the Confederate Government and the Government of the United States. I conclude, therefore, that you have decided that my request in regard to them is not to be acceded to. If this request is not to be granted I imagine the request in regard to the officers captured on the Chickahominy will also be denied. As the Executive of Virginia I have presented these matters for the consideration of the War Department from an imperative sense of duty to the people of Virginia, by whom I have been charged with the execution of the laws of the State. These matters having been disposed of I come now to one which recent occurrences have presented for the consideration of the people of Virginia especially and of the South generally. In the late engagement between the armies of Generals Jackson and Pope captures have been made of officers and men who have violated 54 R R-SERIES II, VOL IV the laws of Virginia and have incurred the penalties annexed to their violation.. If I can procure the necessary evidence (as I believe I can do) I wish to subject these parties to a trial. If the State shall fail to make out the case they will be restored to the custody of Confederate officers. In the recent letter of the President to General Lee under date July 31, 1862, I find these prisoners thus truthfully and appropriately described: Under this state of facts this Government has issued the inclosed general orders recognizing General Pope and his commissioned officers to be in the position which they have chosen for themselves-that of robbers and murderers and not that of public enemies entitled if captured to be considered as prisoners of war. We find ourselves driven by our enemies by steady progress toward a practice which we abhor and which we are vainly struggling to avoid. Some of the military authorities of the United States seem to suppose that better success will attend a savage war in which no quarter is to be given and no [age or] sex to be spared than has hitherto been secured by such hostilities as are alone recognized to be lawful by civilized men in modern times. For the present we renounce our right of retaliation on the innocent and shall continue to treat the private enlisted soldiers of General Pope's army as prisoners of war, but if after notice [has been given] to the Government at Washington of our confining repressive measures to the punishment only of commissioned officers who are willing participants in these crimes these savage practices are continued we shall reluctantly be forced to the last resort of accepting the war on the terms chosen by our foes until the outraged voice of a common humanity forces a respect for the recognized rules of war. If these men are to be considered as "robbers and murderers" they are such under the laws of Virginia, and they have justly incurred the penalties which those laws annex to their crimes. If they are not "prisoners of war" then they can be regarded in no other light than as criminals. I therefore request that some of these officers shall be turned over to the State authorities in order that they may be proceeded against in the mode prescribed by the laws of Virginia. If found guilty I will see that they are made to pay the penalty for their crimes against humanity and civilization. I understand also that General Jackson in his recent battle at Cedar Run has captured some free negroes who came with the Federal Army to Virginia, and who are here in violation of the laws of the State. I request also that these may be turned over to the State authorities, to be dealt with as the Virginia laws prescribe. I am, truly, [First indorsement.] JOHN LETCHER. Respectfully submitted to the President. This demand of Governor Letcher renders it necessary for the Confederate States Gove nment to define its position with reference to the prisoners of war claimed by State authorities as offenders against the municipal laws of the States. This being an important question and one requiring consideration I deem it best to submit it to the President. GEO. W. RANDOLPH, [Second indorsement.] Secretary of War inquire of the Governor as to the cases referred to. It can only be decided after specifications. J. D. ALTON MILITARY PRISON, ILL., August 15, 1862: COMMANDING GENERAL, Department of the West of the Confederate Forces: 1. Matthew Thompson, a citizen of the Cherokee Nation, captured in Boone County, Mo., belonging to Colonel Dorsey's regiment of recruits of the Confederate Army, was tried by a military commission for bridge burning and assisting in the destroying of the North Missouri Railroad, and was sentenced to death for the same, and is now awaiting the execution of his sentence in the above-named prison, would respectfully ask the interference of my Government in my behalf, promising to be as faithful to the Confederate Government as I ever have been, &c. 2. Absalom Hicks, A. R. Tompkins, John C. Tompkins, of Boone County, Mo.; Henry V. Willing, J. P. Snedicor, John W. Owen, from Callaway County, Mo.; John Patton, Stephen Stott, William J. Forshey, Thomas M. Smith, from Boone County, Mo.; George H. Cunningham, Buck [R. B.] Crowder, William Combs, from Randolph County, Mo.; Dr. Thomas S. Foster and James Stout; making sixteen in all that we know of now at this time that have been sentenced to death, and we have suffered every indignity and insult that you can imagine from the Federal authorities, and we hope and trust that our commander-inchief will do something for our relief. We are, respectfully, your soldiers,* Matthew Thompson, Absalom Hicks, A. R. Tompkins, John SPECIAL ORDERS, } ADJT. AND INSP. GENERAL'S OFFICE, XXIII. The following notice of exchange of prisoners is published for the information of all concerned, viz: RICHMOND, August 14, 1862. The following officers and men are duly exchanged, to wit: 1. All the officers and men who were delivered at Aiken's on the 5th August, 1862. 2. All officers and men captured at Roanoke Island. 3. All officers and men captured at Fort Macon. 4. All officers and men captured at Rich Mountain. 5. All officers captured at Forts Jackson and Saint Philip, La. 6. The officers and men delivered at Aiken's August 10, 1862. 7. The officers and men delivered at City Point August 8, 1862. 8. Officers paroled at Fortress Monroe May 12, 1862. 9. Privates paroled by Brig. Gen. G. W. Morgan at Cumberland Gap July 23, 1862. 10. Capt. A.C. Van Benthuysen's marines. ROBERT OULD, Agent for the Exchange of Prisoners. XXIV. The officers and men referred to in the above notice having been duly exchanged as prisoners of war will without delay join their respective regiments and corps. By command of the Secretary of War: JNO. WITHERS, Assistant Adjutant-General. *For trial and conviction of all these men as guerrillas, &c., see Vol. I, this Series, p. 282 et seq. Hon. G. W. RANDOLPH: CHATTANOOGA, TENN., August 16, 1862. Instructions had already been given for reports of paroled and confined prisoners. List now on hand will be forwarded; others as they are received. Many will no doubt be lost from neglect. Numbers of prisoners (many officers) at Madison, Ga. Over 2,700 Shiloh prisoners left Corinth at one time, but the lists kept were very imperfect. As soon as instructions came all arrangements were made for the exchange at Vicksburg. BRAXTON BRAGG. GENERAL ORDERS, * HEADQUARTERS DEPARTMENT No. 2, * IV. Whenever prisoners are captured by our troops the ranking officer of the capturing detachment will immediately forward to these headquarters a descriptive list of the prisoners, giving their names, rank, ages, regiments and companies. V. Whenever prisoners are paroled the paroles will be forwarded to these headquarters and a duplicate copy (compared and certified) retained by the officer who may grant the parole. In taking paroles officers will be careful to have them signed if practicable, but if not signed by the prisoners paroled a certified list stating their names, rank, ages, regiments and companies should be attested by an abolition officer, if one be present. In the absence of an abolition officer the list must be certified by the Confederate officer who grants the parole. These lists must be made in duplicate if practicable, one copy to be retained by the officer taking the parole and the other to be forwarded to these headquarters without delay. By command of General Bragg: THOMAS JORDAN, SPECIAL ORDERS, HEADQUARTERS DEPARTMENT No. 2, III. Brigadier-General Tilghman will proceed to Vicksburg, Miss., and take command of all abolition and Confederate officers and soldiers who may be in the vicinity of that post for the purpose of being exchanged or paroled. He will establish a camp near Vicksburg at some suitable point on the railroad where the men can be amply and conveniently provided for. Brigadier-General Tilghman will immediately proceed to organize the Confederate prisoners who have been exchanged. In all cases where practicable he will retain the men in the original companies and regiments in which they were enlisted. Any departure from this rule will be specially reported to these headquarters with the reasons. * By command of General Bragg: [JNO. M. OTEY,] Assistant Adjutant-General. |