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[Sub-inclosure No. 4.]

MILITARY PRISON HOSPITAL, October 29, 1862.

[General J. T. BOYLE.]

SIR: We take the liberty of addressing you to-day to call your attention to a change in our situation, ordered yesterday by Doctor Head, medical director. Confederate surgeons, we were on our arrival here (on our way South from attending to our wounded in Perryville) arrested and sent to the prison hospital to be held (so we were informed) as hostages for a Federal surgeon said to be confined in Knoxville, Tenn. We are now to be sent to the military prison by order of Doctor Head. While we ask leave to doubt the truth of any Federal surgeon being confined merely for being a Federal surgeon, we would respectfully request of you if we are held as prisoners to be confined to some other quarters more comfortable to us as non-combatants and more suited to our condition. We will cheerfully give our parole of honor not to leave any premises or house you may confine us to, or give you bond here in the city if released on parole to return here in a specified time if the Federal surgeon should prove to be confined. We respectfully request that if we are to be held as prisoners we be assigned quarters better suited to our condition than the military prison, provided we have to leave the hospital.

Respectfully,

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HEADQUARTERS DISTRICT OF MEMPHIS,

Memphis, November 3, 1862.

Dr. J. B. Cowan, C. S. Army; Doctor Hinkley, C. S. Army; Doctor Phillips, C. S. Army; Doctor Clark, C. S. Army; Doctor Leak, C. S. Army; Doctor Divine, C. S. Army; Doctor Fenner, C. S. Army, and Doctor Meux, C. S. Army, are hereby permitted to proceed southward to the Confederate lines pursuant to instructions from Maj. Gen. U. S. Grant. They will proceed by the Hernando road to day. By order of Major-General Sherman:

[Inclosure B.]

J. H. HAMMOND, Assistant Adjutant-General.

TULLAHOMA, TENN., November 22, 1862.

Dr. A. J. FOARD, Surgeon and Medical Director.

SIR: In company with Dr. H. Hinkley, brigade surgeon, First Brigade, Second Division, Army of the Mississippi, I left McDowell Hospital, near Perryville, Ky., October 20 and proceeded to Harrodsburg to

report to and confer with Doctor Moore, left in charge. On 21st at 2 p. m. we left for Danville, at which place we arrived in the evening. Found General Buell and the major part of his forces just returning from Crab Orchard (General L. Wallace having been left at Big Hill) en route for Lebanon, Ky.

Having been refused permission to pass out of Kentucky by way of the Gap (reason assigned, the general did not want us to pass through his army) we were granted permission to pass via Somerset, but on starting that way we were assured that General Bragg's army was making for Nashville or Murfreesborough, and receiving information that the Knob counties of Tennessee and Kentucky were infested by gangs of bushwhackers and thieves, and the report that several persons on that route had been shot and plundered, a Confederate surgeon among the number, we concluded to go to Lebanon, Ky., and if possible to get in advance of the Federal Army and make our way to Murfreesborough. Failing in our intentions we were advised by Dr. R. Murray, General Buell's medical director, to sell our horses and go by way of Louisville, to which place General Buell had preceded us.

Whilst on the cars we were insulted by a couple of drunken Federal officers and threatened with arrest. On our arrival at Louisville at 9 p. m. Saturday, 25th, in a violent snow-storm, we put up at the Galt House, registering our names as surgeons, C. S. Army. On examining the register after supper we found the letters C. S. A. had been erased, whereupon I demanded to know the perpetrator of so low and base an act. The clerk denied knowing. After we had left the house I was told that it was done by the proprietor, Silas Miller, former captain of steam-boat Robert J. Ward, a man who had made all of his money from the patronage of Southern people.

Sunday morning, October 25, after breakfast I requested to see General Buell, but was told by his aide-de-camp, Lieutenant Bush, that he was yet in bed, but that he would see him and have a note at the office bar, with passes, &c., so that we might go down the river on the boat to leave that evening with paroled prisoners. Finding it unpleasant to remain longer at the hotel, we repaired to the house of a friend, Lighter Huffman. In the afternoon we were informed by a friend, Captain Sherley, in the Federal service, that the boat would leave that night, and that there was an order for our arrest from Brigadier-General Boyle. He (Captain Sherley) advised us to remain quiet indoors until near the time of the boat's starting. Supposing that General Boyle merely wished to pay his respects to us until the time for the boat to leave, we did as advised. At our request Captain S. went to the Galt House and returned with a note from Lieutenant Bush, in which Lieutenant B. stated that General Boyle had instructions as to our getting South. This confirmed us in our former opinion.

At 6.30 p. m. we reported to General Boyle's adjutant-general (General B. refusing to see us). We were directed by him to Colonel Dent, provost marshal, who informed us that we were to go to the prison hospital, there to remain as hostages for one Doctor Goins, a surgeon of theirs, whom a citizen (Doctor Hall) reported was in a dungeon at Knoxville on bread and water. We were further told he was immured because of his being a Tennesseean, and was therefore held as a traitor. We were kindly allowed by Colonel Dent to return to the house of our friend obtain our articles and report at the prison at 8 p. m., which we did, protesting, however, against our imprisonment in the strongest terms. Finding that of no avail I told him that

2 R R-SERIES II, VOL V

should our Government so far forget its principles and its dignity as to commit so infamous an act that I would not serve it another day. Colonel Dent replied that it was bad treatment and not acting in good faith, but that he had his orders and must obey them. We were assigned beds in the hospital wards and ate at the surgeons' table.

We found in the prison hospital J. M. Alexander, surgeon Second Brigade, First Division, Army of the Mississippi; Surgeon Leak, Fourth Tennessee Regiment; N. D. Phillips, assistant surgeon Smith's battery, General Maney's brigade; J. S. Fenner, assistant surgeon Sixth Tennessee Regiment; T. R. Meux, assistant surgeon ThirtyFourth Tennessee Regiment, and A. T. Clark, assistant surgeon Sixth Tennessee Regiment, who had been transferred from the prison to the prison hospital, which is in the same general inclosure and closely guarded. We found many of our wounded whom we took charge of.

On the day after our imprisonment we addressed a joint note to General Boyle, a copy of which was furnished by Doctor Hinkley, to which we received no reply. On Wednesday, October 29, we were ordered by General Boyle, approved by Doctor Head, post surgeon, to the prison proper, in which were 500 of our soldiers who had been paroled at and near Perryville, their money and pocket knives having been taken from them. The money they returned to all except Morgan's men, refusing, however, to return the knives.

Whilst in the prison they gave us prison fare, and that was given from the hands of filthy and disgusting Dutchmen. On the evening of the 29th Dr. J. B. Cowan, surgeon-general Forrest's brigade, reached Louisville. Hearing of our confinement he sought an interview and complained to General Buell, who ordered our release stating that he did not know of our imprisonment. His adjutant-general, General Fry, did, but stated that he thought that we had been released long ago. General Boyle gave to Doctor Cowan as the reason for our arrest and imprisonment "that we had cut up" and used seditious language, therefore required punishment, admitting, however, that the officers who complained of Doctor Hinkley and myself were drunk. There was no complaint lodged against the other surgeons, consequently giving the lie to his first assertion. The reason assigned for imprisoning our paroled soldiers was to prevent their receiving the sympathy of the "Secesh;" that they would furnish them clothing which would enable them to stand the winter campaign. G. D. Prentice said it was to prevent their sharing the sympathies of the she-devils.

General Boyle sent a written order for us to report to Doctor Cowan at the Louisville Hotel without delay. This order we promptly obeyed, glad enough to get out of such a place. We were ordered to leave immediately and were furnished transportation through Indiana and Illinois on the cars to Cairo, where we were treated kindly by General Tuttle, who telegraphed to General Grant asking [permission] for us to pass via Memphis. He replied telling General Tuttle to pass us through his lines in ambulances. On reaching Memphis finding that we would be detained a day or more if we waited for the ambulances some citizens of Memphis kindly procured a couple of hacks for which they paid $50, and sent us to Hernando, Miss.; there our money being good, we procured wagons and went to Coldwater station, on Mississippi and Tennessee Railroad, from which place we took cars, &c., to this place. Respectfully,

K. C. DIVINE,
Surgeon, C. S. Army.

OFFICE COMMISSARY-GENERAL OF PRISONERS,

Lieut. Col. W. H. LUDLOW,

Washington, D. C., December 3, 1862.

Agent for the Exchange of Prisoners, Fort Monroe, Va.

COLONEL: I inclose herewith a letter* from Judge Goodloe, of Lexington, Ky., inclosed by Major-General Wright, commanding Department of the Ohio, in relation to the capture and parole of home guards in Kentucky.

Under the cartel there can be certainly no propriety in the rebel authorities imposing any other than the usual restrictions on those whom they may capture. Have you the views of Mr. Ould in this matter or can you make any suggestions as to the best course to be pursued?

I inclose a list of Federal officers and men captured at different places, which I have picked up at different times. No rolls are furuished.

Rolls of General Rosecrans' captures have been forwarded to this city but they have not yet arrived. I will forward to you as fast as I receive them all rolls of Federal or rebel prisoners.

Very respectfully, your obedient servant,

W. HOFFMAN,

Colonel Third Infantry, Commissary-General of Prisoners.

OFFICE COMMISSARY-GENERAL OF PRISONERS,

Capt. S. E. JONES,

Washington, D. C., December 3, 1862.

Headquarters Western District, Louisville, Ky.

CAPTAIN: Your letter of the 22d ultimo ‡ is received and I have to reply that deserters from the rebel army cannot be considered prisoners of war but to insure their loyalty they should be required to take the oath of allegiance with the penalty of death for its violation.

If professed deserters come within our lines they may be spies and every commander should judge of each case after careful inquiries according to the circumstances. All soldiers taken in arms, whether recruits or conscripts, are prisoners of war, and if they desire not to be exchanged but to be released on bond a special report should be made in each case with a recommendation for or against. All civilians who took part with the rebels during their recent inroad into Kentucky should be sent to the depot at Johnson's Island, Sandusky, with a clear statement of the charges in each case. Doubtful cases may be sent to Camp Chase.

Very respectfully, your obedient servant,

W. HOFFMAN, Colonel Third Infantry, Commissary-General of Prisoners.

HEADQUARTERS DEPARTMENT OF VIRGINIA,

Fort Monroe, December 3, 1862.

ROBERT OULD, Esq., Agent for Exchange of Prisoners.

SIR: Your communication of the 29th § of November has been received

and forwarded to the Secretary of War. In my letter to you of the

*

See Vol. IV, this Series, p. 706.

+ Omitted.

See Vol. IV, this Series, p. 745.
See Vol. IV, this Series, p. 770.

20th* November I informed you that orders had been issued and were being executed to send all the prisoners at the West belonging to irregular organizations to Vicksburg for exchange. The same orders are intended to apply to those in the department of General Butler. The political prisoners at Forts Warren and Lafayette and the Old Capitol Prison at Washington have with a few exceptions been unconditionally released. These orders will show you the policy of the United States Government and will probably cover points 2 and 3 in your official communication of the 29th November. In view of these releases I hope you will no longer hesitate to reciprocate by ordering the release of the Robinsons, father, son and son-in-law, and all others similarly confined. I send you to-day in addition to prisoners of war Mr. S. H. Lyon, who goes to Richmond in exchange for Alfred Schleg, released on condition to procure this exchange. I intend to meet you in a few days. Please send me by Captain Mulford a list of persons wishing to come via flag of truce through our lines. Within a few days a number of persons, mostly women and children, will apply to be sent to City Point. Will they be permitted to land at that place? They belong at the South.

I am, very respectfully, your obedient servant,

WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners.

HEADQUARTERS, Fort Monroe, Va., December 3, 1862. Hon. ROBERT OULD, Agent for Exchange of Prisoners.

SIR: Since I wrote you this morning information has been given me that some thirty or forty citizens of Pennsylvania, non-combatants, were seized by order of General Stuart in his late incursion into Pennsylvania and Maryland and were conveyed to Richmond. This is so clearly in contravention of the positions you have laid down that I need only mention the fact to you to insure their immediate delivery to Captain Mulford, in charge of the flag of truce.

Your obedient servant,

WM. H. LUDLOW,

Lieutenant-Colonel and Agent for Exchange of Prisoners.

OFFICE PROVOST-MARSHAL-GENERAL,
Saint Louis, Mo., December 3, 1862.

Brig. Gen. LEWIS MERRILL,

Headquarters District of Northeast Missouri, Warrenton, Mo. GENERAL: A considerable number of citizens from the interior of the State-and amongst them are several undoubted Union men who have suffered in the cause-have made urgent application to me to give a hearing to the prisoners who have been captured and sent down by you as sentenced to imprisonment for the war. It is urged upon me that amongst those prisoners will be found a considerable number of young men whose fathers and connections are true Union men who never before took up arms and who went off most indiscreetly under the excitement produced by the enrolling orders, and that they are now willing to give their adhesion to the side of the Government

* See Vol. IV, this Series, p. 738.

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