the United State to be in your advance in line of battle, you surrendered to said Burbick, then your prisoners. Whether you supposed him to be a captain in the militia service or not is entirely immaterial. I must, therefore, treat your surrender or yielding up as having been made to the forces under the command of the United States officers, and therefore, as Chief Executive of this State I can claim no control over you.
AUGUST 2, 1863.
Major-General BURNSIDE, Cincinnati, Ohio:
DEAR GENERAL: I have to thank you note of the 31st ultimo in which you are pleased to speak so favorably of the militia of Ohio. When we remember the company organizations, by the election of officers, wee yet barely accomplished at the date of the call upon them, your praise is well bestowed. Now that the men know each other, as well as their officers, you may rely with perfect safety upon the militia of Ohio in any emergency that can by any possibility occur.
Very truly, yours,
COLUMBUS, August 2, 1863.
Morgan and his officers were turned over to the warden of the penitentiary. Their hair was trimmed and beards shaved for cleanliness. They were not put in prison clothiers. They are in separate cells, and allowed two hours in the morning and two in the afternoon for exercise and conversation, and are entirely separated from the convicts.
JNO. S. MASON,
HDQRS. FIRST Brigadier, SECOND DIV., TWENTY-THIRD A. C.
Madisonville, August 3, 1863.
Colonel LEWIS RICHMOND:
I see that Major Rue still claims the capture of Morgan, under General Burnside. Rue reported to me on Saturday night, was acting directly under my orders, a part of the First and Third Kentucky Cavalry being in the front with him. Morgan never surrendered to Rue; [when he] came up with him he sent back to the head of column for re-enforcements. Rue refused to take any action until I got up. In behalf of my command, who followed Morgan thirty days nights, I appeal to the general to set this matter right.
J. M. SHACKELFORD.
STATE OF OHIO, EXECUTIVE DEPARTMENT,
Columbus, January 9, 1864.
Brigadier General CHARLES W. HILL,
Adjutant-General of Ohio:
GENERAL: In reply to your inquiry relative to the number of State militia that responded to the call of the commander-in-chief of July 12,