War of the Rebellion: Serial 114 Page 0908 PRISONERS OF WAR, ETC.

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buring and other designes of the enemy. Our most discreet and prudent men both civil and military familiar with the character of the man think it imprudent to send him into the enemy's country as he is capable of doing us more injury than Johnston and Maynard both combined. I regret that he was not arrested by the military and sent to Tuscaloosa where many will no doubt be sent not half so guilty as he is; and I urge you to that course now as being the very best thing under all the circumstances that could be done. His friends cannot complain of his being sent to a more Southern climate and it is a little singular that with the disease of which he is complaining he should desire to go North at this inclement season. Under all the circumstances I have thought it best for the country that he should be detained for trial or sent to Tuscaloosa. At least he should be detained until you should hear all the facts and circumstances of the case. He was permitted to come home without being arrested as I understand upon condition that he was to be answereable to the law for any offense he may have committed and previous to his being arrested the commission had leave to do so from Major-General Crittenden if he thought proper the general saying he would not inerfere.

Again Brownlow was aware of President Davis' proclamation giving all that desired to leave the Confederate States forty days to do so. If he desired to go North he then had an opportunity to do so. He did not avail himself of the law but remains here after he has done after he has done all the injury he can do to our country and now asks that he be escorted to our enemies there to give such information to the North as he may desire and inflame the minds of the people more bitterly against us. If that privilege is granted to him will it not be a precedent for all others that may apply during the war? I fear that the moral effect of such a course will not only be had in East Tennessee but may be deleterious in the whole Confederate States.

I have thought proper to present you my view of the case but will cheerfully conform to your own better judgment.

Yours, truly,

J. C. RAMSEY,

C. S. District Attorney for Distric of Tennessee.

WAR DEPARTMENT, C. S. A.,

Richmond, December 10, 1861.

J. C. RAMSEY, Esq.,

C. S. District Attorney, Knoxville, Tenn.

SIR: Your letter of 7th instant is received. I thank you for the information it contains and shall reserve your suggestions for proper consideration.

I should be obliged to you if you would give me an account of the circumstances of Brownlow's arrest, &c., at your earliest convenience.

I am, respectfully, your obedient servant,

J. P. BENJAMIN,

Secretary of War.

RICHMOND, December 13, 1861.

Honorable J. P. BENJAMIN, Secretary of War.

SIR: I arrived at Knoxville about the 1st day of December, assumed command and established my headquarters there. At that time Mr.