War of the Rebellion: Serial 115 Page 0814 PRISONERS OF WAR, ETC.

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civil authorities and orders the military not to make any arrests except when the parties are attempting to join the rebels or are engaged in giving aid or information to them, and in all cases it is understood that the Home Gurds have gone into adjoining counties and arrested and carried off parties who have been quietly remaining at home under the expectation that they would not be interfered with provided they did nothing in violation of the spirit of the procalmaiton of September 24, issued from these hesdquarters. Some instnces are mentioned of persons having been arrested and taken out of the State. This is all ocntrary to what the commanding general has declared to be his wish and the trusts it will not be repeated. It is believed that many of thsoe who at one time sympthized with the rebellion are desirious of returning to their allegiance and wish to remain quietly at home attending to their business. A conciliatory, fair course pursued toward such persons will win them to our cuse; the reverse may fore them into the ransk of our enemies. The commanding geenral entrets and urges his fellow citizens to discountenance and endeavor to put a stop to these ill- timed and unlwfuil arrests and to aid him in keeping peace among ourselves.

By command of Brigadier-General Anderson:


Assistatn Adjutant-General.

A few days later the subjoined correspondece tok place between two distinguished gentlemen of Lixington and General Sherman, the sucessor of General Anderson:

LEXINGTON, October 11, 1861.

General SHERAMN.

SIR: Mr. V. B. Young, a union member of the legislature from Bath County informs us that in the adjoining county of Fleming many persons have been apprehended merelu on account of their Southern sympathies and secession opinions, without proof or imputation of any overt act of treason or aiding treson, and he says that apprehending the like tretment many citizens of his county who intended to remain at home, and had done no illegal act, have fled and are joining Breckinridge at Prestonburg. This procedure, though only retliatory, seems to us to be inconsistent with General Anderson's procalamation, with the spirit of our law and with prudent policy, and if it shall be persisted in and become geenal we apprehend it will necessarily lead to the augmentation of the Southern force and to the exasperation of the civil war in Kentucky. Mr. Young will explain the object of his visit to you on this important subject. He may be fully accredited and safely trusted. He wants an authentic confrmation of what we believe to be your programme of policy concerning the secessionists in Ketcuky so as to be able to assure the neutrla portion of his "Southern rights": " constituents.




Louisville, Ky., October 18, 1861.


SIRS: Your note of yesterday is received. My order and practice have been to interferee with no itizen pursuing his usual legitimate business or our account of mere political opoinions. I know that arrests have bee made improperly by members of the Home Guards, but in every instance the case has beenexamined by one of the members of your court of appeals, who has promptly released them unless the fact of some overt act of treson was established. I shall endeavor to protect all loyal citizens, and shall molest no one, whatever his political opinions, provided he obeys the laws of the State of Kentucky and of the United States. These sahll be my guide, and are as binding upon me as upon any citizen of the State.

With great resepct, our obedient servant,


Brigadier- General.

Habeas corpus proceedings in the case of Morehead.

Proceedings of the circuit court of the United States, eithth circuit, for the distrit of Kentucky, at its regular term begun and held in the city of louisville on the 23rd day of September in the year of our Lord 1861.

Present, the Honorable John Catron, associate justice of the Supreme Court of the United States for the Kentucky distirct.