War of the Rebellion: Serial 116 Page 0344 PRISONERS OF WAR AND STATE, ETC.

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if the arrest were for any other crime, and I beg you, if you can manage it with losing sight of the Sumter herself, to attend to Mr. De Long's request and to receive the persons he has arrested aboard your ship as prisoners to be taken home to the United States for trial under our laws.

A telegram to the same effect has been sent you to-day, of which please find a copy inclosed.

Respectfully, &c., your obedient servant,

HORATIO J. PERRY,

U. S. Charge d' Affaires.

[Inclosue Numbers 4-Extract.]

LEGATION, &C., MADRID, February 26, 1862.

HORATIO J. SPRAGUE,

U. S. Consular Agent at Algeciras.

DEAR SIR: I have yours of the 20th instant and am sorry to say I do not agree with you about Mr. De Long's arrest of the so-called lieutenant of the Sumter and Mr. Tunstall at Tangier.

* * * * * * *

The men arrested were properly within the jurisdiction of Consul De Long and no within that of the Emperor of Morocco at the time of their arrest according to the public law recognized by all Christian powers in relation with the Mohammedan States.

I have the written to Captain Crawen in the same sencse and sent him a telegram expressing my wish that he should receive the prisoners on board his ship to the taken to the United States for trial, if he can in any way manage it without letting ship the Sumter herself.

Yours, very truly, &c.,

HORATIO J. PERRY.

P. S. -I quire agree with you in thinking that Mr. Tunstall was comparatively harmless though a secessionist in sentimet, but he was found in very bad company at Tangier.

SPECIAL ORDERS,

HEADQUARTERS OHIO MILITIA,

ADJUTANT-GENERAL'S OFFICE,

Numbers 212. Columbus, Ohio, March 2, 1862.

SIR: The recent large addition of prisoners sent to the prison at Camp Chase for safe-keeping renders it highly necessary that more definite and specific instructions be given you for your guidance in the premises. I do therefore order:

1. That all prisoners be required to give up to you all arms and weapons of every description, and that you cause all such arms to be marked and carefully preserved so that each may at the proper time be restored.

2. That you cause without delay a complete descriptive roll of all the prisoners to be made, giving the name, age, residence, rank, regiment, company, where taken, when received in prison, a copy of which you will report to this department.

3. That you divile the prisoners into conveniently sized messes, separating as far practicable the officers from the men.