« PreviousContinue »
have suffered months of imprisonment without cause except as hostages. Will you do them and their families the favor of representing the subject matter to the proper authorities at Richmond and asking prompt action thereon? I know you will at once and without delay. Truly,
HDQRS. DEPT. OF MISSISSIPPI AND EAST LOUISIANA,
Jackson, November 19, 1862. General S. COOPER, Adjutant and Inspector General.
GENERAL: I have the honor to transmit copies of correspondence through flag of truce between Major General Butler,* U.S. Army, and inyself, together with incomplete purported copy of proceedings of courtmartialt held or said to have been held somewhere in Louisiana west of Mississippi River; also copy of my letterț to commanding general U. S. forces at Memphis, Tenn., in relation to the murder of W. II. White. No reply has as yet been received to this last communication.
I am just informed that Capt. W. W. Faulkner, commanding keu. tucky Battalion of Partisan Rangers, who was captured in West Tennessee with sixteen of his men, has been sent to the military prison at Alton, Ill., the men with him; also a Captain Meriwether, Lieut. L. H. Johnson and Lieutenant Blakemore. General Grant, U.S. Army, it is said refused to recognize them as entitled to the benefit of the late cartel for exchange of prisoners. These cases of partisan corps are constantly arising. I shall demand their release on parole as other prisoners, but am of the opinion that this matter should be brought to the attention of United States Governinent. I have at present very few U.S. prisoners in my hands upon whom retaliation can be exercised. All I have, however, will be kept in close confinement until I shall receive instructions from War Department or until all our prisoners whom I know to be in their hands are paroled. Very respectfully, your obedient servant,
J. C. PEMBERTON, Lieutenant-General, Commanding.
JACKSON, Miss., November 19, 1862. Brigadier-General GREGG.
SIR: Upon examination of the books and papers in the provost [-marshal's office I tind that there are no Federal officers from Indiana regiments in confinement here. There is a Federal prisoner by the name of Spencer Kellogg confined in the penitentiary August 20, 1862, and charged with being a deserter and spy. He is represented by witnesses against him as having been in the Confederate service and was afterwards captured as a Federal naval officer. This is the only account that I can discover of Federal officers in confinement here. Very respectfully, your obedient servant,
A. D. GARDEN,
Lieutenant. * Omitted here; Butler to Pemberton, November 13, p. 708; Pemberton to Butler, November 18, p. 725.
For copy of the court-martial proceedings see p. 709.
HEADQUARTERS, Nocember 20, 1862. Brig. Gen. John S. MARMADUKE, Commanding Adrance.
GENERAL: I directed you to parole the Federal sick left in hospital at Fayetteville. You report that before you could execute the order they were taken as prisoners by the provost-guard and sent below.
You will send a flag to General Blunt informing him of these facts and requesting a list of the names of these men. When that list is furnished these men will be paroled and sent to the nearest Federal post, Helena, they now being at Little Rock. I am desirous that the circumstances shall be properly represented to General Blunt because it is against the practice of the Confederate States or their officers to deal with sick men as unfortunately was done in this case.
General Blunt has I understand a number of citizens in custody as hostages for the paroling of the nien referred to. Let him be informed that I am influenced by no threat of punishing those citizens, whose arrest is a great outrage, but by the sole consideration that the men left sick in hospitals were taken as prisoners against my express rders and contrary to our custom. Respectfully,
T. C. HINDMAN, Major-General, Commanding.
RICHMOND, November 20, 1862. His Excellency JEFFERSON DAVIS,
President of the Confederate States. SIR: Having been so unfortunate as to fall a prisoner into the hands of the enemy near the Rappahannock on the 6th day of this month I have made use of every opportunity to get useful information for our generals while in their hands, which I had a good opportunity to do the first five days of my captivity as I was not confined closely.
In the first place I ascertained that General Burnside's army only consists of seven corps all told, and that their original number was much reduced by sickness, desertion, &c. I was sent from Warrenton to Washington on the 13th instant after being paroled and then sent to the Old Capitol Prison and locked up and a guard placed at the door, all of which has been duly set out and forwarded to you throngh the Secretary of War for action. While running at large in their lines at Warrenton many of their privates came to me secretly and asked what disposition would be made with them when taken prisoners. I informed them that our Goverument would send them home, which gave great satisfaction to them. I find that their object is to get back home in some way and not go through the hands of their officers. I do not think their army will fight with confidence as there is much dissatisfaction at General McClellan's dismissal.
I was informed that eight-tenths of the citizens of Washington were as much opposed to Mr. Lincoln's Administration as ever.
Two or three regiments laid down their arms when the news of General McClellan's dismissal came. Others were ordered to arrest and march them off and refused to obey, which was the secret of General Halleck's visit to camp. This is beyond question, as the officers were loud and open in my hearing to denounce Mr. Lincoln for the removal. I heard officers remark that they hoped the rebel army might cut them all to pieces, and similar other remarks.
I was also credibly informed that General Banks is soon to command a large fleet to sail in a few weeks from Fortress Monroe against our Southern ports. Did not ascertain the time or number. I was told in Washington that Mr. Lincoln was shot at in the daytime last week while walking out but it was not ascertained by whom. The officials I conversed with about the war did not seem to have that coufidence in their immediate success of subjugating us, but said it would and must eventually be done; that they would fill their work and machine shops with foreigners to send every man at the North against us but they would conquer us, and I think that project is being put on foot to bring out every man against us.
I am the same individual that wrote to you from Sumter County, Ala., last fall, one year ago, about General Burnside's fleet, which turned out to be exactly the programme I informed you of. I am now attached to General Longstreet's staff and have command of his (corps) provost-guard and have nearly broken up the straggling from the army. I will close by asking your assistance to have me exchanged as soon as possible as I am desirous to be present at the next battle. With great respect, I am, your obedient servant,
ROBT. P. BLOUNT, Lieut. Col., Provost- Marshal First Corps, Army of Northern Virginia.
[First indorsement.) Valuable information and request desiring attention.
(Second indorsement.] Preserve this letter and address Mr. Ould, requesting his attention to the closing passage.
J. A. SEDDON,
WAR DEPARTMENT, Richmond, November 21, 1862. Brig. Gen. J. H. WINDER, Commanding, &c.
SIR: Upon the recommendation of S. S. Baxter, esq., you are directed to dispose of the following citizen prisoners in the manner indicated: M. Radcliffe, to be discharged on taking the oath of allegiance and transportation home furnished him; Ballard Trent, Eli Mason, to be discharged and sent home under the care of M. Radcliffe, and transportation home be furnished; Charles Clinton, John Dressler, to be paroled and permitted to work at their trades; Pat. Tiernan, to be discharged on taking the oath of allegiance; James Amsco (a boy), to be discharged; James Smith, John A. English, John Baxter, Alden Tucker, James Campbell, Thomas Mercer, A. Robinson, Charles Bibb, James Bibb, Albert Shanks, William Kenney, N.O. Hartinan, Harvey RobinSon, J. H. Kelly and Elias Rhea, to be held as citizen prisoners, who ad here to the United States, until they may be tried in Tennessee, or determine to give their allegiance to the Confederate States. By order of the Secretary of War:
J. A. CAMPBELL, Assistant Secretary of War.
ADJUTANT AND INSPECTOR GENERAL'S OFFICE,
Richmond, November 21, 1862. Maj. Gen. S. G. FRENCH, Commanding, &c., Petersburg, Va.
GENERAL: The case of William H. Moore and the questions involved in it have been carefully reconsidered aud I am instructed to say that
the directions of the President conveyed in my letter* of the 15th instant will be carried into effect. The same difficulties present themselves in the case of M. Handly, who was tried by court-martial at Petersburg in October last, and the President directs that the decision in the case of Moore be applied to that of Ilandly. The Articles of War provide for the trial of officers and soldiers of the Army for military offenses. No civilian can be tried by court-martial under these articles except in the cases of camp-followers and retainers to the camp, &c. (see Articles 60 and 96), or in cases provided for in Articles 56 and 57, and second section of Article 101. Where citizens of the Confederacy offend against the military rules and orders the only remedy is to place them in confinement or send them beyond the limits of the military command.
General Orders, No. 11, on which your action was probably based, was issued in consequence of the President's proclamation, but the authority for the latter having expired by the limitation contained in the act of Congress approved April 19, 1862, some modification of the order will now be necessary. In the meantime, although the power to arrest offenders continues in the provost marshal till the order is revoked, action under the fourth paragraph requiring them to be punished by sentence of a court-martial should be suspended until more definite instructions are communicated. Messrs. Moore and Handly must therefore be released from the sentence of the court, but the contraband liquor may be destroyed or confiscated to the use of the Government. I am, very respectfully, your obedient servant,
S. COOPER, Adjutant and Inspector General.
GENERAL ORDERS, HEADQUARTERS ARMY OF TENNESSEE,
Tullahoma, November 23, 1862.
II. All officers and men who have been delivered at Vicksburg, Miss., up to the 1st of November have been duly exchanged as prisoners of war and will without delay join their respective regiments and corps.
WAR DEPARTMENT, Richmond, Norember 24, 1862. Judge HEATH, North Carolina.
Sir: The papers connected with the case of Joseph G. Godfrey, a person seized as a hostage by the Federal authorities at New Berne, N. C., for one. Baker White, a deserter from the Confederate Army to the service of the United States, have been examined. We cannot consent to the exchange of Baker White for Mr. Godfrey. The seizure of Mr. Godfrey was in the judgment of this Department an abuse sanctioned by no law of war. A tyrannical employment of power to the injury of a person not engaged in the war is the only aspect in which it can be regarded by us. In General Orders, No. 64, paragraph 5, this Department said:
* Not found.
It is hereby announced that no cath of allegiance to the United States and no parole by a person not in military service pledging himself not to bear arms against the United States will be regarded as an exemption from service in the armies of the Confederate States, but persons liable to conscription taking such oath or giving such parole will be enrolled for service. If captured by the enemy they will be demanded as prisoners of war.
This order bears date in September last. It shows the settled opinion of the Department that Mr. Godfrey is not rightfully a prisover and that we regard his parole as imposing no obligation upon this Department. The Department will not interfere to grant Mr. Godfrey a passport to cross our lines. By order of the Secretary of War:
J. A. CAMPBELL, Assistant Secretary of War.
HEADQUARTERS WHITE'S BATTALION, November 24, 1862. Honorable SECRETARY OF WAR.
SIR: In pursuance of advice received at the hands of General Robert E. Lee I address vou this note of inquiry. On the 7th of March last I was arrested by the Federal troops and held as a prisoner, and being taken sick deemed it a duty to myself to get released from prison where I could have no comfort or care, and as I could only effect a release by taking the oath I did so. Now I desire to know whether the Confederate Government will protect me as it does other prisoners when taken, and if not will it force me to take up arms when the consequences of my capture would be certain death! I have identified myself with White's cavalry battalion and ask to be placed on the same footing with other prisoners should I be so unfortunate as to be captured, or if in conformity with the rules of the Confederate Government to be discharged from the service. I was taken prisoner because I was trying to raise a company for the Confederate service and because I was lieutenantcolonel of the militia that had been engaged on the fortifications erected by General D. H. Hill at Leesburg last winter. I do not desire to be released from the service if I can serve her nobly and fare as others fare when captured. Your speedy attention is requested to this note. Any communication addressed to me, care of Maj. E. V. White, White's caralry battalion, will reach me. Very respectfully,
THOS. W. WHITE.
[Indorsement.) Answer the letter that this Government does not recognize the paroles that were extorted from prisoners who were not engaged in hostilities between the Confederate States and the United States. By order of the Secretary of War:
J. A. C., Assistant Secretary of War.
WAR DEPARTMENT, Richmond, November 25, 1862. Hon. ROBERT OULD, Commissioner, &c.
SIR: The case of Major Jordan, of the Pennsylvania cavalry, a prisoner, has been considered by the Department. The testimony against Major Jordan convicts him merely of being a ruffian and a brute. He