War of the Rebellion: Serial 116 Page 0650 PRISONERS OF WAR AND STATE, ETC.

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the United States taken by an enemy who shall appear by the sentence of a court-martial or otherwise to have done their utmost to preserve and defend their ship or vessel, and after the taking thereof to have behaved themselves obediently to their superiors agreeably to the discipline of the Navy, shall go on and be paid them until their death, exchange or discharge.

I sincerely trust that you have received no personal injury in the conflict of Monday, and beg you to receive for yourself and convey to our brave boys the assurance of my earnest sympathies and those of the whole ship's company with you and them in the misfortune that has befallen and that every exertion shall be made to effect an early release of all by exchange.

I will not meanwhile permit myself to doubt that the kindness and consideration with which Mr. Butts and our other prisoners have been treated by me will be fully reciprocated toward you by the authorities of Saint Mark's or Tallahassee and that they will extend to you every indulgence sanctioned by the softened usages of modern warfare and compatible with your security as prisoners.

Very respectfully, your obedient servant,

JOS. P. COUTHOUY,

Acting Volunteer Lieutenant, Commanding.

HEADQUARTERS HUGER'S DIVISION, June 5, 1862.

Major General JOHN E. WOOL, or

OFFICER COMMANDING DEPARTMENT OF VIRGINIA.

SIR: I inclose you a copy of a letter I received from the War Department. I have heard from private persons that the privateersmen whom you promised to send for exchange had arrived at City Point but no letter to me has yet been forwarded.

As I had charge of the correspondence with yourself on the subject I hasten to send you this communication which I must confess I do not clearly understand. The language of one of my letters may not have been the same as another, but I did intend not to give you all the officers once retained as hostages in exchange for all the privattersmen but to give you such numbers of them in exchange as would be required by the cartel establishing the equivalent of rank, and the other officers to be exchanged as usual. As you agred to these terms and had a sufficient number of our officers there was no reason why the exchange should not be made at once, and I shall insist if the privateers have been sent as I hear that all the officers referred to above be given in exchange. I think it but fair we should name the officers to be exchanged on our side, and as the most equitable way I propose to exchange those who have been longest prisoners, including navy officers.

I am, general, very respectfully, your obedient servant,

BENJ. HUGER,

Major-General, Commanding.

[Inclosure.]

WAR DEPARTMENT, C. S. A., Richmond, June 3, 1862.

Major General B. HUGER,

Commanding Department of the Appomattox.

GENERAL: I have received your letter of the 28th ultimo in which you give a construction to your agreement with General Wool for the exchange of the privateersmen and the persons formerly held as hostages which requires us to return all of the latter for all of the former