War of the Rebellion: Serial 066 Page 0279 Chapter XLVII. CORRESPONDENCE, ETC.-UNION.

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HDQRS. DEPT. OF S. CAROLINA, GEORGIA, AND FLORIDA,

Charleston, S. C., September 10, 1864.

Major General J. G. FOSTER, U. S. Volunteers,

Commanding Dept. of the South, Hilton Head, S. C.:

GENERAL: I concur with in the opinion that Hospital Stewards Bates, Crossman, Russell, and Sackett, of the U. S. service, mentioned in your letter of the 6th instant, who when captured were acting assistant surgeons, are entitled to their discharge from confinement as prisoners of war. I do not think B. Whitney, of the One hundred and fourth Ohio Infantry, can be regarded as a non-combatant. His military status should be determined by the muster-rolls. He was discharged under the belief that he was a chaplain, but you tell me he was not mustered as such, but was acting as chaplain of the regiment in which he was an enlisted man. I will, however, accept a private in exchange for him. If you will accept an officer who could be guilty of such conduct as that by which Lieutenant J. D. Higgins, of the One hundred and twenty-third Ohio Infantry, procured his release, and will give in exchange for him the number of privates stipulated in the cartel as the equivalent of a lieutenant, I will very willingly make that exchange.

I am, very respectfully, your obedient servant,

SAM. JONES,

Major-General, Commanding.

HDQRS. DEPT. OF S. CAROLINA, GEORGIA, AND FLORIDA,

Charleston, S. C., September 10, 1864.

Major General J. G. FOSTER, U. S. Volunteers,

Commanding Department of the South:

GENERAL: I have reason to believe that a number of C. S. officers, prisoners of war, are at present confined in a stockade on Morris Island, between and very near Batteries Gregg and Wagner. I have respectfully to ask if such is the case, and, if so, what shelter is provided for them, and if they receive in all respects, save location, the treatment accorded to prisoners of war among civilized nations?

I make this inquiry because I believe you are retaliating on those officers for a supposed disregard of the usages of civilized warfare in the treatment extended to U. S. officers, prisoners of war, now in this city. Those officers are comfortably housed and receive the treatment due prisoners of war, and I will repeat what I have before had occasion to say to you, that I shall greatly deplore any necessity you may force on me to direct any change in their treatment. If by the 15th instant I receive no reply, I shall be justified in the conclusion that my supposition is correct and act accordingly.

I am, very respectfully, your obedient servant,

SAM. JONES,

Major-General, Commanding.

OFFICE OF AGENT OF EXCHANGE, DEPT. OF THE SOUTH,

Hilton Head, S. C., September 10, 1864.

Major General JOHN G. FOSTER,

Commanding Department:

GENERAL: I have the honor to report that on the 3rd instant I met Major John F. Lay, Confederate agent of exchange, under a