War of the Rebellion: Serial 116 Page 0543 CORRESPONDENCE, ETC. - UNION.

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HDQRS. NORTHERN DISTRICT, DEPT. OF THE SOUTH,

Hilton Head, S. C., May 16, 1862.

General A. H. TERRY.

DEAR SIR: In consequence of the violation of the flag of truce on the 14th instant by the seizure of our boat's crew while on an errand of mercy to the rebels and properly under such a flag of truce, you are hereby directed to seize and hold all of their parties coming parties coming to or near our lines on any pretense whatsoever until said boat and boats' crew shall have been returned. If these men are not returned by the 17th, if you can get up an expedition is safety and secrecy to capture the picket of the rebels upon Saint Augustine Creek at its mouth you are hereby authorized to do so, and a written notice may be left to the commanding officer of the rebels stating that these prisoners such as you may capture will be held responsible for thesafe return of our men and that until their return no flags of truce or other communication can be permitted with men who have so grossly violated the laws of war, the pretense of the absence of a commissioned officer of the national flag while a white flag was flying being considered mere subterfuges to cover their base intention and conduct.

By order of Brigadier General H. W. Benham:

[A. B. ELY,]

Aide-de-Camp and Acting Assistant Adjutant-General.

FORT MACKING, May 16, 1862.

Colonel W. HOFFMAN, U. S. Army,

Commissary-General of Prisoners.

SIR; I inclose to you a letter* from Captain G. S. Wormer, the officer in command of this post, who is desirous of receiving your instructions in relation to the course to be adopted toward the state prisoners of war committed to his charge. Supposing that the prisoners mentioned in Captain Wormer's note were to be placed under my direction, I applied to the Adjutant-General of the Army for instructions on certain points and was told that you as commissary-general of prisoners are charged with the care of them. Under these circumstances it would not be proper for me to give directions of a permanent character. Captain Wormer wishes your instructions in regard to the restrictions to be placed on their intercourse with citizens either personally or through the mail.

I inclose a copy+ of the letter I received from the Adjutant-General.

I am, colonel, with much respet, your obedient servant,

C. A. WAITE,

Colonel First Infantry, Commanding District.

HEADQUARTERS TENTH KENTUCKY REGIMENT,

On Outpost Duty, May 16, 1862.

Captain A. C. KEMPER,

Assistant Adjutant-General, Department of the Mississippi:

I send 113 prisoners delivered tome this day under flag of truce from General Beauregard. Please send inclosed descriptive list and letter++ of General Beauregard to Major-General Halleck. I have signed and

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* Omitted here; Wormer to Hoffman, May 15, p. 537.

+ Omitted here; Thomas to Waite, p. 451.

++ Not found.

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