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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.

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,
July 17, 1862.

Brig. Gen. J. H. WINDER.

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, O. 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,

General.

*Not found.

HEADQUARTERS DEPARTMENT OF NORTH CAROLINA,
Petersburg, Va., July 18, 1862.

Hon. G. W. RANDOLPH, Secretary of War, Richmond, Va.
SIR: Inclosed I have the honor to forward to you a communication
received last evening from General McClellan, commanding the ene-
my's forces on James River.

Very respectfully, your obedient servant,

S. G. FRENCH, Brigadier-General, Commanding.

[Inclosure.]

July 17, 1862.

HEADQUARTERS ARMY OF THE POTOMAC,

Maj. Gen. TH. H. HOLMES,

Commanding Department of North Carolina, Petersburg, Va. GENERAL: I have the honor to acknowledge the receipt of your letter of the 15th instant making inquiry in regard to a report which has reached you that Lieut. Col. F. T. Nicholls, Eighth Louisiana Regiment, has récently been arrested within the lines of the U. S. forces in disguise and is to be treated as a spy. In reply I beg to say that I know nothing of the facts of the case. The arrest was certainly not made by any part of the troops of my command. I will, however, at once communicate your letter to the War Department and ask to be furnished with such information as it may have on the subject and will inform you of the result at the earliest possible moment.

I understand that there are a number of our officers-surgeons and chaplains at Petersburg who have been unconditionally released and only await an opportunity to return to our lines. If this be so I shall be glad to send for them to City Point or elsewhere at any time you may designate.

Very respectfully, your obedient servant,

GEO. B. MCCLELLAN,
Major-General, Commanding.

OLD CAPITOL BUILDING, Washington, July 18, 1862.

Hon. J. R. TUCKER, Attorney-General State of Virginia.

MY DEAR SIR: By the above you will perceive that I am a prisoner. I am informed that I may be released by being exchanged for some citizen of Loudoun or Fairfax County, now under arrest in Richmond for disloyalty to the Southern Confederacy. Will you favor me by calling at the War Department and seeking to have such an exchange effected immediately. If this be impossible, perhaps the War Department will exchange me for some Federal chaplain or other prisoner, and let me go at once to Richmond and engage in my ministerial labors either in the camp or in the hospital as may appear desirable. If Mr. Charles Ball, our Senator, is in the city he will doubtless aid you. I have also a slight acquaintance with the officers of the troops quartered with us last winter. Alexander Brown, esq., of the firm of Brown & McClelland, and Mr. Charles H. McMurran, of the firm of Bayne & McMurran, under the Spotswood House, will also join you in any effort to benefit me. You will please reply by your very earliest opportunity. Sincerely yours,

CHARLES H. NOURSE.

P. S.-There are other citizens of the border counties with me in like circumstances who wait for your decision in my case.

General D. H. HILL.

[JULY 18, 1862.]

GENERAL: I return to you copy of agreement for exchange forwarded by you. I see no object with the present erasures, as it does not seem to differ materially from the agreement proposed, which was the cartel agreed upon between Great Britain and the United States, except in article 2. That article in the agreement before me strikes off a large class of non-combatants, and is silent as to the arrest of our citizens. I think it best to let it remain so, as the fear of arrest drives people beyond the lines of the enemy whose services would otherwise be lost to us, and the effect of such arrests upon the temper and feeling of the people is beneficial.

If the latter part of article 2 was stricken out with that view on your part I make no objection.

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

R. E. LEE, General, Commanding.

HEADQUARTERS ARMY OF NORTHERN VIRGINIA,

Maj. Gen. D. H. HILL, Commanding Division, &c.

*

July 21, 1862.

GENERAL: I herewith inclose you articles of agreement for exchange of prisoners with proposed additions to second article, and a letter from General Lee.

I am, very respectfully, your obedient servant,

A. L. LONG, Colonel and Military Secretary.

[Inclosure No. 1.]

Proposed addition to second article of agreement for exchange of prisoners:

Private citizens shall not be arrested or confined except upon the charge of acting as spies, giving aid and comfort to the enemy, being turbulent and troublesome to the belligerent within whose lines they may be. And when such arrest shall be made the alleged offender shall be granted a speedy and fair trial, and if innocent shall be immediately released from confinement. All citizens hitherto taken by either party for offenses not above enumerated shall be immediately and unconditionally released.

[Inclosure No. 2.]

HEADQUARTERS ARMY OF NORTHERN VIRGINIA,
July 21, 1862.

Maj. Gen. D. H. HILL, Commanding Division, &c.
GENERAL: You are authorized, should General Dix object to the
proposed addition to the second article of agreement as it now stands
in the general exchange of prisoners between the Confederate States
and the United States of America, to sign and confirm all the rest of
the articles which are purely of a military character and leave this
(the second article) for future consideration and negotiation.
I am, very respectfully, your obedient servant,

R. E. LEE,

* See p. 266.

General.

HEADQUARTERS DEPARTMENT OF EAST TENNESSEE,
Knoxville, July 21, 1862.

General S. COOPER,

Adjutant and Inspector General, Richmond, Va.:

Forty-three Federal officers captured at Murfreesborough left Knoxville to-day for Madison, Ga. Descriptive lists will be forwarded by mail to General Winder to-morrow.

E. KIRBY SMITH, Major-General, Commanding.

HEADQUARTERS DEPARTMENT OF EAST TENNESSEE,

Brig. Gen. C. L. STEVENSON,

Bean's Station, via Morristown, Tenn.:

Knoxville, July 21, 1862.

Open the letter for General Morgan sent with paroled prisoners by Captain Gholson. Copy the list of names with companies and regiments and forward to department headquarters. By command of Maj. Gen. E. Kirby Smith:

J. F. BELTON, Captain and Assistant Adjutant-General.

HEADQUARTERS DEPARTMENT OF EAST TENNESSEE,
Knoxville, July 22, 1862.

General S. COOPER,

Adjutant and Inspector General, Richmond, Va.

GENERAL: If not conflicting with public interest I would ask that the Forty-second Regiment North Carolina Volunteers, now on prison duty at Lynchburg and Salisbury, be ordered to this department. I am induced to make this application, knowing Colonel Gibbs personally and believing his regiment, after an exchange of prisoners has been effected, will not be required for its present duty.

I am, respectfully, your obedient servant,

E. KIRBY SMITH, Major-General, Commanding.

HEADQUARTERS, July 23, 1862.

General D. H. HILL, Commanding, &c.

GENERAL: I have received your letter* of this date accompanying the agreement for the exchange of prisoners. I hope it may be productive of good. I thank you for your efforts and management of the matter. It is silent I observe as to the treatment of citizens. What was the result of your negotiations in that respect? I will endeavor to have some one to meet the agent of General McClellan on Thursday. You can repair to your command, where I will communicate with you when necessary. I wish you would see if you cannot harass or arrest the passage of the enemy's transports on the James River by means of your long-range batteries supported by some infantry and cavalry. If you have not the proper guns let me know. Sharpshooters may also be

*Not found.

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