War of the Rebellion: Serial 116 Page 0673 CORRESPONDENCE, ETC. -UNION.

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series, and a reference to it as an answer to my request for instructions. This order turning the whole matter over to the provost-marshal-general of course relieved me from all responsibility in regard to it and placed entirely beyond my control the most important question touching the future peace of Missouri. It seems to me strange that I, as commander of Missouri, have no discretion as to the disposition of prisoners captured by my troops unless they by criminals while the provost-marshal-general may release them at his discretion; yet this is the effect of the order referred to.

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




June 10, 1862.

Major General A. P. HILL,

Commanding Division, Army of Norther Virginia.

GENERAL: I have the honor to acknowledge the receipt of your letter of the 9th instant, and in reply am glad to be abble to inform you that Lieutenant Thomas Sumter Mays, of General Whiting's staff, was not killed or wounded in the battle of May 31 at Fair Oaks. He was, however, made a prisoners of war on that occasion and has been sent for the present to Fort Delaware.

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


Assistant Adjutant-General.


New Orleans, La., June 10, 1862.

Honorable EDWIN M. STANTON, Secretary of War.

SIR: * * * I did not execute the six paroled soldiers according to my order, No. 36, for the reason among others that upon the examination of the terms of caoitulation given by Captain Porter (of which no copy had been furnished me and I had not seen the newspaper copy till after the sentence) I was fearful of the legal force of the parole, the officers only having been paroled and they undertaking for the men. I was glad therefore to yield to the suggestions of Messrs. Durant and Rozier, gentleman who enjoy the confidence of the community here and whom you know to be well disposed to the Union, and to cummute the sentence. Copies of the order and correspondence, marked B, C, D, are annexed. *

William B. Mumford who after the raising of the flag of the United States upon the U. S. mint by Flag-Officer Farragut pulled it down, dragged it through the streets, followed by an excited mob, tore it in shreds and distributed the pieces among the gamblers, assassins and murderers, his comrades, was tried, condemned and executed on Saturday, the 7th instant, on the spot where he committed his heinous crime. A copy of the order for his execution is herewith sent, marked E. + No words can give the extent of his guilt in the act of which he


*Omitted here; Special Orders, No. 36, May 31, p. 616; for inclosures B, C, C, see pp. 613-615; Butler to French, June 3, p. 634. See Series I, Vol. XV, p. 465, for this letter entire and its inclosures.

+Omitted here; see p. 645.