Mr. Ould's declaration with your comments on it that I may know what prisoners paroled or held by us have been exchanged. If the Confed. erate War Department has published a false declaration, one which is not in accordance with your understanding with Mr. Ould, it is a breach of the cartel which I think requires your immediate notice. The declaration which I saw was in the hands of Mr. Burgett, who claimed that by it he was exchanged. As I remember its bearings it assumes what they have so long been striving to accomplish, viz, that the Government recognizes that citizens may renounce their allegiance to the United States and transfer it to the rebel Confederacy, and if their position is not contradicted they will assert that our silence gives authority to their assumption. Please send me a copy of Mr. Ould's declaration with your corrections. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary-General of Prisoners. RICHMOND, VA., June 12, 1863. Lieut. Col. W. H. LUDLOW, Agent of Exchange: SIR: I inclose to you the resolution of Congress in relation to retaliation.* I thought you had seen it in the papers transmitted to you otherwise I would have sent it. I take it for granted that the Confederate authorities propose to carry out a resolution solemnly passed by them. I have not asked them whether they intend to do so and I do not think I will ever be so inconsiderate as to make any such inquiry. I have thus frankly given my view as to this matter, and I beg leave to ask you in return whether it is the purpose of your Government to execute its conscription act, and further how many men will be raised under its provisions? I feel so deep a personal interest in that subject that I hope I have not transgressed any propriety in propounding the inquiry after the example you have set me. Respectfully, your obedient servant, RO. OULD, Agent for Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., June 12, 1863. Lieut. Col. WILLIAM H. LUDLOW, Agent of Exchange: SIR: You are mistaken in supposing that my "proposition to have the releases from paroles and oaths cover other than parties delivered at City Point" was made after I had published Notice No. 5. It was made before that date (May 11) and after a full and deliberate discussion between us. You hesitated at first, but when I assured you it only extended to cases of parties who were allowed to leave your territory and come to us whether by City Point or otherwise, you assented to it in distinct and unequivocal terms. The same provision in principle was incorporated in Exchange Notice No. 4, January 13, 1863. You recognized the same principle in numerous exchanges made after that date and before May 11, 1863. I have now given the notice in good faith. You can stop its application after May 6 if you choose to do so. I cannot agree that you shall nullify the notice already given. All persons embraced in it are entirely free from any obligations made by them. It was so distinctly agreed upon between us that there can be no mistake about it. Nothing will make me consent that such men shall be put under any ban or disability by reason of any action of theirs performed on the faith of this notice. You can have your veto as to the future but not as to the past. If any penalties are visited upon them it becomes the solemn duty of the Confederate Government to throw every protection in its power around them. I am sure it will do so. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., June 12, 1863. Lieut. Col. WILLIAM H. LUDLOW, Agent of Exchange: SIR: I herewith inclose to you a copy of General Orders, No, 11, in the case of Captain Webster.* It is true it is not printed, but yet it is of equal value with your General Orders, No. 54. The printed copies have become exhausted save one which is now kept in the proper department. As you only send me a copy of your general order when I asked for the record I take it for granted you mean the general order when you demand the record. I do not know, however, that it was necessary for you to send the record, as the general order confirms everything in relation to the charge against the unfortunate man, which I have heretofore stated in my communications to you. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. RICHMOND, VA., June 12, 1863. Lieut. Col. WILLIAM H. LUDLOW, Agent of Exchange: I am SIR: I will make every endeavor to have full and accurate lists made of your dead. I hope to send such lists to you in a short time. obliged to you for the lists you have sent me. It enables me to answer many mournful inquiries. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. RICHMOND, VA., June 12, 1863. Lieut. Col. WILLIAM H. LUDLOW, Agent of Exchange: SIR: I will be very much obliged to you if you will look over my letters of the 5th instant‡ and answer the inquiries made therein. I believe you have answered only one-that in relation to the delivery of exchanged officers. There are others of equal import to which I would like to have your response. Respectfully, your obedient servant, # Not found. RO. OULD, Agent of Exchange. Of the Department of the Ohio. Embodied in War Department, A. G. O., G. O., No. 114, Vol. V, this series, p. 556. See Vol. V, this series, p. 744. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., June 12, 1863. Lieut. Col. WILLIAM H. LUDLOW, Agent of Exchange: SIR: Doctor Rucker is prosecuted by the State of Virginia for offenses against her laws for which he had no warrant in your own military law to commit. If you have any officer of the Confederate States in any such position, even though he may have been declared exchanged by our general agreements, I cannot complain of his retention. With this proper limitation extending to only one case I am ready at any moment to deliver you every officer or man whom we have declared exchanged. I do not believe there are any such in our prisons. I have, however, caused diligent search to be made, and if any such are discovered they will be promptly delivered to you. I hope, therefore, you will have all our exchanged officers and men sent to City Point immediately. You will find there any of the same class whom I can discover. I will be thankful to you for any names which you may be able to furnish. Spencer Kellogg's case is already under inquiry. With the limitation as to Doctor Rucker I am entirely agreed to release unconditionally all surgeons. I agree with you that the cause of humanity demands it unless, indeed, it is shown that the surgeon has committed offenses which prove him to be a savage and a beast. Respectfully, your obedient servant, GENERAL ORDERS, RO. OULD, Agent of Exchange. HDQRS. DEPARTMENT OF THE OHIO, I. In accordance with instructions from the War Department all rebel officers prisoners in this department will be sent immediately under proper guard by the commanding officer having them in charge to Johnson's Island, near Sandusky, Ohio, where they will be strictly confined. The quartermaster's department will provide the necessary transportation, including transportation for return of guard. A. LINCOLN, President: * LEWIS RICHMOND, Assistant Adjutant-General. SPRINGFIELD, ILL., June 13, 1863. Stand firm in the Vallandigham case. The country will sustain you. WM. BUTLER. HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, June 13, 1863. Col. W. HOFFMAN, Commissary-General of Prisoners: COLONEL: I have the honor to acknowledge the receipt of your communication of the 9th instant,* and beg leave to reply that the order * See Vol. V, this series, p. 766. spoken of was issued without a knowledge of the circular from your office and has since been rescinded. Very respectfully, your obedient servant, J. M. SCHOFIELD, Major-General. OFFICE COMMISSARY-GENERAL OF PRISONERS, Hon. EDWIN M. STANTON, Secretary of War: SIR: I have the honor to inclose herewith a list of prisoners of war at the Old Capitol who are desirous of being released on taking the oath of allegiance. Many of these men had expressed the desire to take the oath of allegiance before the recent order prohibiting the discharge of prisoners on such terms, and as it appears by this means brought upon themselves the enmity of other rebel prisoners which would perhaps jeopardize their lives if they should now be delivered for exchange with those prisoners. Under the circumstances I would respectfully recommend that they be sent to Philadelphia to be released on taking the oath of allegiance, with the further condition that they will not return south of Philadelphia during the war unless in the service of the United States. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary-General of Prisoners. INSPECTOR-GENERAL'S OFFICE, June 13, 1863. Lieut. Col. ALFRED ROMAN, Inspector-General: COLONEL: In accordance with your instructions I yesterday visited the jail. I made examination into the condition of the prisoners, and as usual received from many of them the most urgent appeals to lay their cases before the higher authorities. Before entering into these particulars I deem it my duty to make some general remarks in regard to the administration of this establishment. It appears to me that the organization is defective; that there is a lack of discipline and of regularity, and that altogether the jail is not well conducted. This is doubtless partly owing to the small staff of jail officers. Mr. Milligan, the jailor, informs me that he is the only white person there, and it strikes me that it is impossible for one man to look properly after 100 prisoners. I believe this Mr. Milligan to be a kind man toward the prisoners, but with the best intentions I do not see how he can do justice to all. I notice that there is no division among the different classes of pris oners, except a few under sentence of death, who are separately confined. Confederates and Federals associate and converse promiscuously * Omitted. together in the wards. The villain and perhaps the merely misguided are thus thrown in contact and freely interchange ideas and sentiments, which cannot result in good. The cooking seems to be carried on in the worst possible manner. Odd pots and pans belonging to prisoners or lent by friends from outside seem to be the principal culinary utensils. You have already reported this matter, and I have also done so. Again, on entering the wards one is surrounded by a clamorous, halfclothed, motley crew, all anxious to solicit one's attention for a moment. If reliance can be placed on some of their statements-and I see no reason why there should not-some of them are certainly unfairly treated. I record the names of some of these, and would suggest that steps be taken in the matter. McDonel, a Federal prisoner, captured on Folly Island by Colonel Dargan's command on or about the 11th of April, is still in jail. This man was taken in arms when a picket and in an affair of outposts. I cannot perceive the justice that retains this man in jail. Two Federal deserters, William May and William Robinson, whose cases were examined into and reported on by our department so far back as the 19th of May, are still in the jail. G. W. Tripp and G. Williams, two Federal paroled deserters, forwarded here under passes from Brigadier-General Slaughter, whose cases were also examined into and reported on the 23d of May, are still in the jail. This department recommended that they should be kept in jail and forwarded by first opportunity to Nassau, but several steamers have left since then. John Cahill, a Federal prisoner, captured at Georgetown, is also in the jail. James Parton, a man who deserted from the First South Carolina Infantry, at Fort Moultrie, about a fortnight ago, is in confinement. He tells me he left his clothes at Battery Bee; he is now nearly ragged. He is one of many cases in which company commanders seem to forget the prisoners absent from their regiments. An extract from your report on the same subject, dated April 24, 1863, concisely lays down what I wish to report and recommend: Many of the prisoners have no blankets, no clothing, no shoes. They seem to be entirely forgotten by their company commanders; so much so that some of them have been confined for months without trial. I would suggest as a rule hereafter that no private be sent to jail by the provost-marshal without having been first provided with his bedding and clothes. Company commanders must see to that. They must not forget their men because they are prisoners, and they should not delay the forwarding of their charges. For instance, B. Donelly, of Ferguson's battery, is destitute of clothing. William Kenny says he has plenty of clothes on board the Palmetto State; is in the same position. I could enumerate many more cases of hardship if it were necessary, but I think this will be sufficient. I would suggest that this matter be looked into; that regular discipline be enforced; that the arrangements for cooking be placed on a different method; that rules and regulations be laid down for the reception and dismissal of prisoners, and that the administration of justice be conducted on more speedy methods than apparently now exist. Respectfully, your obedient servant, H. WEMYSS FEILDEN, Captain and Assistant Inspector-General. |