War of the Rebellion: Serial 114 Page 0886 PRISONERS OF WAR, ETC.

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six hours from the delivery of this note by way of Cumberland Gap. Passports and an escort will be furnished you for your protection to the enemy's line.

Very respectfully,

W. M. CHURCHWELL.

[No date.]

TO THE PUBLIC:

The militia draft under the State laws having been suspended by the proclamation of Major General E. Kirby Smith he also suspends the operation of the conscript bill in this department. It is expected all good citizens will return from Kentucky. They will not be molested if they come to remain and cultivate their farms and take care of their families.

W. M. CHURCHWELL,

Colonel and Provost-Marshal.

HEADQUARTERS DEPARTMENT OF EAST TENNESSEE,

Knoxville, April 28, 1862.

General S. COOPER,

Adjutant and Inspector General, Richmond, Va.

GENERAL: I have the honor to report that a portion of the Fourth Regiment Tennessee Volunteers (Colonel Morgan) will leave to-day for Milledgeville, Ga., in charge of Union prisoners. The officer of the detachment is directed to report afterward with his command to the military authorities at Savannah, Ga. In more than one communication Brigadier-General Stevenson has reported many desertions from this regiment to the enemy and urged its removal from Cumberland Gap. Because of this and the general character of the regiment for disloyalty I have thought it best to send it beyond the limits of this department. Being thus removed beyond the influence of friends in the ranks of the enemy it is thought these men may make loyal and good soldiers. I trust my action in this matter will meet the approval of the Department.

Very respectfully, your obedient servant,

E. KIRBY SMITH,

Major-General, Commanding.

HEADQUARTERS DEPARTMENT OF EAST TENNESSEE,

Knoxville, April 28, 1862.

Brigadier General D. LEADBETTER,

Commanding, &c., Chattanooga, Tenn.:

A citizen cannot be tried by a military court for an offense committed in a district before the declaration of martial law. The offender will be held for trial by some court in Georgia having jurisdiction of the case. This decision of the Attorney-General does not apply in cases where soldiers who are not citizens are upon trial.

H. L. CLAY,

Assistant Adjutant-General.