War of the Rebellion: Serial 114 Page 0850 PRISONERS OF WAR, ETC.

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Knoxville, November 29, 1861.

Honorable J. P. BENJAMIN, Secretary of War, Richmond.

SIR: I am just in receipt of yours of 25th. Your instructions shall be strictly obeyed. I have not heretofore released any against whom there was proof that they had been engaged in any rebellious movements. It was only those who were arrested upon mere suspicion that I permitted to take the oath of allegiance. I telegraphed you to-day that Judge Humphreys had issued writs of habeas corpus in the cases of several prisoners who are beyond doubt guilty of burning the railroad bridges predicated as I understand upon the affidavits of Baxter and other lawyers. Your instructions are fully understood and I shall not allow any interference in their execution.

I have the honor to be, your obedient servant,



KNOXVILLE, November 29, 1861.

Honorable J. P. BENJAMIN, Secretary of War:

General W. H. Carroll, commanding this post, has ordered a general court- martial for the trial by the military authorities of persons charged with burning the bridges in East Tennessee and of the tories who have been recently captured with arms in their hands against the Government. The question as to the jurisdiction of courts- martial in such cases has been raised in the court and it is insisted that the civil authorities have some jurisdiction of the persons in such offenses. Please instruct what course to pursue. A court martial will be much more effective in ferreting out the offenders. Please answwer at as early a moment as possible as it is very desirable to put these matters through rapidly. Writs of habeas corpus have been and will be issued.


Colonel and President of Court.



Knoxville, November 29, 1861.

The Govenrment of the Confederate States ahs not nor will it interfere with individuals on account of their political opinions. The President of the COnfederate States issued a proclamation stating that all those who did not fully recogneze their allegiance to the Government should dispose of or remove from itslimits with their effects before Octobver, 1861/ Tjpse [erspms wjp re, aomded tacot; u recpgmozed tje Gpvemr, emt and are a, emab; e tp tje ; aws/

The commanding general at this post will endeavor to fully carry out the policy of the GOnernment. While he wil afford ample protection to all citizens who peaceably pursue their ordinary occpatiosn he will order the arrest of all who may takenup arms against the Goveernm, ent or who in any manner may aid or abet its enemis or incite rebellion in order that they may be tried by military law.

By order o Big. General W. H. Carroll, commanding post:


Acting Assistant Adjutant- General.