You have said to me that the principles announced in General Orders, No. 100, are to apply against you as well as for you. In that order you distinctly recognize the right of an invaded State to punish all wanton violence committed against its citizens as well as all destruction of property not commanded by the authorized officer. I refer to paragraphs 44, 47, and especially 59. If I had the framing of a provision to meet Doctor Rucker's case and to justify his detention I could not use apter terms than those employed in paragraph 59. Moreover, you have claimed and exercised the right of holding many of our officers and soldiers on mere suspicion for months without trial or proceedings of any sort against them. You have such in confinement now. For them we have selected none of your officers or soldiers in retaliation; yet when we retain the first of yours under indictment preferred by a grand jury, you immediately select one of ours in retaliation. If we had applied any such rule to you since the beginning of the war, how many of your officers and soldiers would be now in our prisons? I lament with you the detention of surgeons. I am willing to do any thing consistent with honor and justice to promote their discharge. But we cannot surrender a clear right. Doctor Rucker's detention is justified by your own principles and practice. I have already admitted your right to detain any one of our officers under similar circumstances. If we are justified by the rules of war in detaining for trial Doctor Rucker, what right have you to hold Doctor Green in retaliation? Your request for the discharge of all surgeons except Doctors Rucker and Green is simply asking me to admit that the former is unjustly detained and the latter rightly held in retaliation. I deny both and appeal to your own military laws. As Doctor Rucker has asked to have his trial postponed, let his case remain as it is and let us unconditionally release all other surgeons on both sides. If any grand jury of yours indicts any surgeon or other officer of ours for such offenses as are charged against Doctor Rucker, and he is detained for trial, I am sure I will not complain. Respectfully, your obedient servant, RO. OULD, Agent of Exchange. Memorandum. [ABOUT JUNE 23, 1863.] Col. D. T. Chandler, committed by Captain Todd.-Charge, violating blockade. Major and brevet lieutenant-colonel of the old army in the Fifth Infantry. Is forty-three years old. Retired as disabled from disease and injuries contracted in line of duty. Resignation was accepted by the President to take effect in December last. He was born in the District and resided in Louisiana. Was in lower Maryland, Saint Mary's County, in February last. Attempted to go over to Westmoreland, which was in Federal occupation, to see some friends. Was arrested in going on the night of the 9th of February in row-boat with some three other persons who have been sent South since. He was sent South to be exchanged March 15 with the rest. Mr. Wood had previously made every inquiry concerning him at provost-marshal's, and was informed that no reason existed at their office why he should not be exchanged. Upon arriving at Fortress Monroe a telegram was received from Colonel Hoffman ordering Colonel Chandler to be returned. He claims that he like the rest should be either exchanged or discharged. His baggage was searched and nothing contraband was found, and it was all returned to him by the commodore. His little pocket money, $150 in gold and $52.30 in U. S. notes, was taken and was forwarded by the district attorney to be returned to him, but was not. It must be in the hands of District Attorney Carrington or prize commissioner. The boat was a small row-boat. Each person had his own baggage, and the district attorney said the concern was not worth libeling. Colonel Chandler alleges personal feeling on the part of Colonel Hoffman as the cause of his protracted detention. He desires to be sent to General Schenck, and to be sent thence South. What has become of the case of Col. D. T. Chandler? J. H. MARTINDALE, Brigadier-General and Military Governor. [Second indorsement.] I respectfully report that George Taylor was discharged June 13. Colonel Chandler is still in prison. EDWARD G. PARKER, Captain and Assistant Adjutant-General. [Third indorsement.] Respectfully referred to Colonel Hoffman. Is there any reason why the exchange of Colonel Chandler was interrupted which should be taken into consideration in deciding whether he should be discharged? Is there any intention of holding him for exchange? Respectfully, &c., Maj. Gen. U. S. GRANT, J. H. MARTINDALE, Brigadier-General and Military Governor. OFFICE EXCHANGE OF PRISONERS, Commanding U. S. Forces near Vicksburg, Miss.: GENERAL: I this day send across the river to you four men, viz, James E. Gaddy, Company E, Sixth Illinois Cavalry; Bernard Collins, Company E, Thirty-ninth Ohio Infantry; A. M. Shipman, Company D, Forty-third Ohio Infantry; Nicholas Hoit, Company C, Seventh Iowa Infantry, who have been held as hostages since December, 1862, for the acts of some of your soldiers in Panola County, Miss. I hand inclosed copy of a letter from Capt. J. B. Sample, U. S. Army, and my reply. Captain Sample detained four Confederate prisoners, viz, James McFall, Company A, Tenth Kentucky Regiment; William Leton, Company K, Twentieth Tennessee; E. W. Brown, Thirty-seventh Mississippi; W. H. Tomlin, Sixth Florida, under your instructions, as hostages for the four Federal prisoners. He and I agreed that the Confederate prisoners should be detained in Memphis, Tenn., and be sent to me as soon as the Federal prisoners were released. I ask of you, general, a fulfillment of this promise. I am, general, very respectfully, your obedient servant, [Inclosure No. 1.] U. S. STEAMER EMERALD, Near Vicksburg, Miss., November 1, 1862. Maj. N. G. WATTS, Agent for Exchange of Prisoners: SIR: I am informed by the Federal prisoners whom you have just delivered to me that four others of their fellow-prisoners were detained in close confinement by your order. I have the honor to request in behalf of my Government that you state your reasons for so detaining them. I will await your pleasure. Very respectfully, your obedient servant, J. B. SAMPLE, Capt. and A. A. G., U. S. Vols., Agent for Exchange of Prisoners. Capt. J. B. SAMPLE, [Inclosure No. 2.] OFFICE EXCHANGE OF PRISONERS, On Board Steamer Emerald, near Vicksburg, Miss.: CAPTAIN: Your letter to hand. The prisoners mentioned in your favor are detained as hostages by order of my Government, and your Government officially informed of the fact. I am, captain, most respectfully, your obedient servant, Major, C. S. Army, and Agent for Exchange of Prisoners of War. JUDGE-ADVOCATE-GENERAL'S OFFICE, Brig. Gen. J. H. MARTINDALE, Commanding Military District of Washington: GENERAL: Upon the case of Claggett Fitzhugh, submitted to me by you, I have the honor to reply that I have examined the within papers and that my views thereon are as follows: Said Fitzhugh is now held in the Old Capitol Prison as a citizen and political prisoner, having been arrested in September, 1862, for aiding and abetting the enemy, acting as guide to the rebel General Longstreet, &c. He, however, claims to be treated as a prisoner of war, asserts that when captured he had been regularly enlisted in the rebel service, and as such must have been included in the exchange of prisoners heretofore carried out between the two armies. It is admitted that if he was an enlisted man at the time of his capture he has been exchanged and should be set at liberty. There is no evidence whatever in the case, beyond his own assertion, that Fitzhugh was ever enlisted in the rebel service as a soldier or otherwise. On the contrary the circumstances detailed in the papers all go to show that he was, when arrested, acting in the character of a traitorous and disloyal citizen, and as such giving aid and comfort to the enemy. It appears that he resided at Mont Alto, Franklin County, Pa., and had held for years a reponsible position as clerk and deputy manager of the iron-works at that place; that he had made himself thoroughly acquainted in the course of his business with the roads in Western Maryland and on the frontier of Pennsylvania; that he joined the enemy upon their invasion of the latter State on the 13th of September, and was captured the next day; that when captured he was mounted and armed, and acting not in the capacity of a soldier, but as guide to the ammunition train of General Longstreet's command. It is not probable that an old resident of that region occupying a respectable and responsible position in society would leave his home and his business for the purpose of enlisting as a rebel soldier. It is much more probable that he joined the enemy for the purpose of assisting them with the knowledge and information which he possessed as a citizen and as a man of intelligence and influence in the neighborhood, and the occupation in which he was engaged when captured was precisely such as his previous residence and local knowledge had best fitted him for. It appears that his loyalty had been long suspected among his fellowcitizens. Under the circumstances it is not deemed that the prisoner's own statement should be held sufficient to settle his status, and in accordance with the suggestions in the within letters it is recommended that the prisoner be returned to the authorities of Franklin County to be prosecuted under the act of Congress of July 17, 1862, Chapter CXCV, or such other act as the evidence available in the case may indicate as more directly applicable to his offense. In view of the known disloyalty of Fitzhugh and his efficiency as a guide it is for the President to determine whether, in case he be remanded to the civil authority during the present invasion of Pennsylvania by the rebels, it will not be expedient to suspend in his case the privilege of the writ of habeas corpus. Respectfully submitted. J. HOLT, Judge-Advocate-General. OFFICE COMMISSARY-GENERAL OF PRISONERS, Lieut. Col. W. H. LUDLOW, Washington, D. C., June 24, 1863. Agent for Exchange, Fort Monroe, Va.: COLONEL: A steamer will leave to-morrow with some 400 prisoners of war for delivery at City Point. I send with them a surgeon and chaplain to be delivered or not as you may think proper under the sus pension existing of some of the provisions of the cartel. No transportation could be furnished at Philadelphia, and I have therefore sent from here the only available steamers in port to take the prisoners of war from Fort Delaware to City Point. They will be obliged to make two trips. Before the arrival of paroled prisoners from City Point I will be able to tell you how many should be delivered here. I doubt if they have as many as they represent, for nearly all the missing of Milroy's command have come in. I send you by the captain of the steamer another package of rolls of paroled men at Camp Chase who are to be exchanged. They are from many different regiments, and I don't see how you can classify them except by saying "officers and enlisted men at Camp Chase" on rolls presented. Surgeon Barnes, medical inspector, informs me that there are frequently more prisoners confined at Fort Norfolk than the place will accommodate without producing much sickness, and as, if I understand rightly, prisoners of war are held there only temporarily while waiting delivery at City Point under your direction, I request you will avoid crowding the fort by returning to Fort Delaware as many as it will not conveniently accommodate. If prisoners of war are held there who have been captured in that department, I should have rolls and returns * Omitted. of them. I am unable to say on what terms Varner was released, nor can I say whether he has gone beyond our lines. I will inquire. Very respectfully, your obedient servant, W. HOFFMAN, Colonel Third Infantry and Commissary-General of Prisoners. FORT MONROE, VA., June 24, 1863. Colonel HOFFMAN, Commissary-General of Prisoners: Please delay until I again telegraph you sending the prisoners of war here from Fort Delaware. Military movement here makes this delay necessary. WM. H. LUDLOW, HEADQUARTERS DEPARTMENT OF VIRGINIA, Col. WILLIAM HOFFMAN, Commissary-General of Prisoners: An infamous outrage unknown to you was committed by sending on the last flag-of-truce boat, under the charge of Major Mulford, Third Regiment New York Volunteers, a woman, who was placed on board by Detective Baker or Superintendent Wood, or both, to be sent to Richmond and who is a detective in their employ. I have called for a report in the case, and when made by Major Mulford I will forward it to the Secretary of War and will furnish you with a copy. I am, very respectfully, your obedient servant, WM. H. LUDLOW, Lieutenant-Colonel and Agent for Exchange of Prisoners. The name of the woman as given on the roll is Ann Waters, Warrenton, Fauquier County, rebel mail carrier and contrabandist. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, June 24, 1863. Col. WILLIAM HOFFMAN, Commissary-General of Prisoners: COLONEL: I inclose to you for your information copies of correspondence* in relation to exchange of citizen prisoners and which some time ago were submitted to the Secretary of War, and has his approval. You will see how impracticable at present exchanges of citizens are and how little hope there is of any speedy removal of obstacles. The only prospect I can now see of such removal is a pressure upon the Confederate authorities by the friends of the citizen prisoners we hold. * See Ould to Ludlow, May 22, and Ludlow to Ould, May 25, Vol. V, this series, pp. 691 and 703, respectively. |