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of the treatment of the prisoners taken on the Savannah that I have been compelled to withdraw these indulgences and to hold the prisoners taken by us in strict confinement.

A just regard to humanity and to the honor of this Government now requires me to state explicitly that painful as will be the necessity this Government will deal out to the prisoners held by it the same treat ment and the same fate as shall be experienced by those captured in the Savannah; and if driven to the terrible necessity of retaliation by your execution of any of the officers or crew of the Savannah that retaliation will be extended so far as shall be requisite to secure the abandonment by you of a practice unknown to the warfare of civilized man and so barbarous as to disgrace the nation which shall be guilty of inaugurating it.

With this view and because it may not have reached you I now renew the proposition made to the commander of the blockading squadron to exchange for the prisoners taken on the Savannah an equal number of those now held by us according to rank.*

I am, sir, &c.,

JEFFERSON DAVIS,

President and Commander-in-Chief of the Army and Navy
of the Confederate States of America.

Resolution adopted by the House of Representatives July 8, 1861.

Resolved, That the Secretary of War be directed to instruct the officers of the Army of the United States taking prisoners and releasing them upon their oath of allegiance to the United States to report their name and residence to him that they may be recorded in his Department.

Brig. Gen. BENJAMIN HUGER,

FLAG-SHIP MINNESOTA, Hampton Roads, July 10, 1861.

Commanding Forces at Norfolk, Va.

SIR: Contrary to all expectations, considering the courtesy with which I have always received flags of truce and communications from yourself, after having written you and which letter I am forced to believe reached its destination, the flag of truce which I ordered to proceed to Craney Island, or farther if permitted, to bring away Miss Segar was received with such hostile demonstrations as makes it imperative upon me to ask of you whether such reception as this flag of truce met with on Saturday, July 6, is to be tontinued, or is it the notice that you will allow no more communications?

That there may be no misunderstanding I ask the above questions, and to convince you of their propriety I inclose for your perusal a copy of the report made to me by the officer, Commander A. Ludlow Case, U. S. N., who by my order commanded the flag of truce and carried the note which I had the honor to write you.

I am again applied to this morning to send a flag of truce to be used for the accommodation of persons who want to go to Norfolk, residents of North Carolina, and I am forced to tell them the dangers we all run

*No answer to this letter found.

in approaching your command. Nevertheless I am induced to comply with the request made to me and shall also take advantage of this flag of truce to renew the request contained in my letters of July 5 and 6 that Miss Segar may be sent to this point.

Respectfully, your obedient servant,

S. H. STRINGHAM, Flag-Officer, Atlantic Blockading Squadron.

Flag-Officer S. H. STRINGHAM,

[Inclosure.]

U. S. FLAG-SHIP MINNESOTA,
Hampton Roads, July 6, 1861.

Atlantic Blockading Squadron, Hampton Roads, Va.

SIR: I have the honor to report that in obedience to your orders I hoisted a flag of truce on board the steam tug Adriatic at 1 o'clock p.m. and proceeded toward Norfolk to communicate with General Huger as directed. When about a mile below the Craney Island beacon and after having passed the batteries on Sewall's and Bush Points a shot was fired at the tug from Craney Island. It passed diagonally across the bow and struck within twenty feet. Had not the engine been stopped at the flash and the boat's head turned a little to starboard the shot must I think have struck her.

I immediately ordered the tug anchored and left in the barge with Midshipman McCook to communicate with the boat which I supposed would meet me from Craney Island as it did when I was up with a flag of truce in May last, but I had not got more than three or four boat's lengths from the tug when a second shot was fired at the barge which passed directly over and struck about thirty yards from her. My first impulse was to return immediately and report the circumstances to you, but my second led me to remain and ascertain if possible if the flag of truce had been fired on by order of General Huger or the commanding officer at Craney Island.

Two officers came off in a boat from Craney Island, of whom I asked the name of the commanding officer at the island and if General Huger was still at Norfolk. The senior of the two (I did not learn their names) replied: "Colonel Richardson commands at Craney Island;" but he did not know anything of General Huger.

I then stated that I was the bearer of a flag of truce to General Huger, but before I could transact any business in relation to it I must first ascertain from them if General Huger or the commanding officer had ordered the flag of truce to be fired on; if so I had no further communication to make but should return and report the facts to you. The senior officer then stated that no such order had been given; the shot striking so near was accidental; he knew the flag of truce was coming up; had reported it to the commanding officer when the order was given to fire a shot to stop her. To this I replied: "A blank cartridge would have been all that was necessary and what was customary to stop a flag of truce." To this he said something about not knowing what was customary.

I then gave him your letter to General Huger saying I would wait for an answer, at the same time asking him to give my compliments to the commanding officer and say his men fired well; it was good target practice. He replied: "The circumstance shall be reported to the commanding officer." I also stated to him the difference in the reception of officers coming with flags of truce to us.

The officer left me at about 2.45 p. m. I remained until 6.45 p. m. and then left on my return without an answer from General Huger. Two or three steamers communicated with Craney Island and Norfolk whilst we were at anchor.

I am, sir, very respectfully, your obedient servant,

A. LUDLOW CASE,

Commander, U. S. Navy, and Fleet Captain.

QUARTERMASTER-GENERAL'S OFFICE,
Washington, July 12, 1861.

Hon. SIMON CAMERON, Secretary of War.

SIR: As in the conflict now commenced it is to be expected that the United States will have to take care of large numbers of prisoners of war I respectfully call your attention to the propriety of making some arrangements in time. At present persons arrested on suspicion of dis loyalty are kept in the common jail of Washington. I am endeavoring to procure some building here more suitable for their temporary safe-keeping. Prisoners of war are entitled to proper accommodations, to courteous and respectful treatment, to one ration a day and to consideration according to rank. Heretofore when the Government has had prisoners to care for a commissary of prisoners has been appointed. He keeps the muster-list of prisoners, negotiates exchanges according to the cartel, sends funds to the commissary of the enemy for use of our friends in their power, and should be an accomplished gentleman, as his office is of high power and importance.

General John Mason, of Virginia, father of the ex-United States Senator, was commissary of prisoners for the United States during the last war. Mr. Barclay, father of Mr. Harry Barclay, and the British consul at New York, was the British commissary of prisoners.

The provost-marshal is the chief superintending keeper of prisoners, but in rank and position the commissary of prisoners is much higher than the provost-marshal. Large sums of money may pass through the hands of the commissary of prisoners. The negotiation of exchange of prisoners is important. A lieutenant-colonel has been exchanged for a captain and ten privates; a general for a certain number of other officers. Knowledge of military law and custom is needed in order not to offend by errors of ignorance in treating these delicate questions.

I respectfully recommend that some person be designated as commissary of prisoners, and charged with the care of the prisoners now in our hands and preparations for those likely to fall into our possession. I also recommend that one of the islands off Sandusky, known as the Put-in-Bay Islands of Lake Erie, be rented as a depot and place of confinement for prisoners of war. Arrangements should be at once made for their accommodation to avoid great embarrassment when they begin to come in.

I remain, sir, very respectfully, your obedient servant,
M. C. MEIGS,
Quartermaster-General.

Resolution adopted by the House of Representatives July 13, 1861.

Resolved, That the President of the United States at the beginning of the next session of Congress or at this session if compatible with

the public service communicate to this House all correspondence with the English, French, Spanish and other Governments with reference to the right of blockade, privateering and the recognition of the so-called Confederate States.

Col. E. D. TOWNSEND:

BEVERLY, VA., July 13, 1861.

Have received from Pegram proposition for surrender with his officers and remnant of his command, say 600 men. Have accepted surrender agreeing to treat them with the kindness due prisoners of war, but stating that it was not in my power to relieve them from any liability incurred by taking arms against the United States. They are said to be extremely penitent and determined never again to take arms against the General Government. I shall have nearly 900 or 1,000 prisoners to take care of when Pegram comes in. The question is an embarrassing one. Please give me immediate instructions by telegraph as to the disposition to be made of officers and men taken prisoners of war. I recommend that course as in many instances calculated to produce an excellent effect upon the deluded masses of the rebels. The latest accounts make the loss of the rebels in killed some 150. G. B. MCCLELLAN, Major-General, U. S. Army.

GENERAL ORDERS, WAR DEPT., ADJT. GENERAL'S OFFICE,
Washington, July 13, 1861.

No. 44.

I. In compliance with a resolution of the House of Representatives the Secretary of War directs that officers report to this office the names and residences of all prisoners that may be hereafter taken and released upon their oath of allegiance to the United States. In like manner officers will report the names and residences of all prisoners who have been taken and released upon their oath of allegiance to the United States previous to this date.

By order:

*

*

L. THOMAS,
Adjutant-General.

[JULY 13, 1861.-For reports, correspondence, &c., relating to the surrender of Lieut. Col. John Pegram at Rich Mountain, W. Va., see Series I, Vol. II, p. 193 et seq.]

WASHINGTON, July 14, 1861.

Major-General MCCLELLAN, U. S. Army, Beverly, Va.:

You have the applause of all who are high in authority here. Discharge all your prisoners of war under the grade of commissioned officers who shall willingly take and subscribe a general oath in these

terms:

I swear (or affirm) that I will not take up arms against the United States or serve in any military capacity whatsoever against them until regularly discharged according to the usages of war from this obligatiou.

As to officers among your prisoners permit all to return to their homes who willingly sign a written general parole in these words:

We and each of us for himself severally pledge our words of honor as officers and gentlemen that we will not again take up arms against the United States nor serve in any military capacity whatsoever against them until regularly discharged according to the usages of war from this obligation.

But you will except from this privilege all officers among your prisoners who have recently been officers of the U. S. Army or Navy and who you may have reason to believe left either with the intent of bearing arms against the United States. The captured officers of this description you will send to Fort McHenry.

WINFIELD SCOTT.

NAVY DEPARTMENT, Washington, July 15, 1861.

Lieut. E. G. PARROTT,

Comdg. U. S. Brig Perry, Atlantic Blockading Squadron.

SIR: I received through Flag-Officer Stringham a copy of your report of the capture of the privateer Savannah by the U. S. Brig Perry under your command. The ability and energy displayed in overhauling under adverse circumstances and capturing the Savannah reflect credit on yourself and the officers and men under your command.

You will make known to the officers and crew of the Perry the Department's admiration and appreciation of their services. I am, respectfully, your obedient servant,

GIDEON WELLES,
Secretary of the Navy.

[JULY 15, 1861.-For correspondence between Maj. Gen. George B. McClellan, U. S. Army, and Brig. Gen. Henry R. Jackson, C. S. Army, regarding the disposition of Confederate prisoners in Western Virginia, &c., see Series I, Vol. II, pp. 250-253.]

HEADQUARTERS OF THE ARMY,
Washington, July 15, 1861.

Major-General BANKS, U. S. Army,

oners.

Commanding Department of Annapolis, Baltimore, Md. SIR: The General-in-Chief directs me to say that Major-General McClellan by several recent victories has taken a large number of pris He has been instructed tc release the privates who will take an oath and the officers who will give a parole not to serve against the United States unless regularly released from their obligation. The officers, however, who are known or supposed to have recently resigned from the Army or Navy of the United States with the intention of entering the ranks of the rebels are to be sent prisoners to Fort McHenry.

After the arrival of these prisoners the general desires you to send them together with Marshal Kane and the police commissioners who are in arrest and such political prisoners as may not be under indictment by the civil authority to Fort Lafayette, harbor of New York, in an armed steamer and under a sufficient guard. A permanent guard will be ordered to the fort in time to receive the prisoners.

I am, sir, very respectfully, your obedient servant,

E. D. TOWNSEND, Assistant Adjutant-General.

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