War of the Rebellion: Serial 116 Page 0739 CORRESPONDENCE, ETC. -CONFEDERATE.

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may be adopted by the enemy for the execution of the prisoner of war, Smith,* recently condemned to death in Philadelphia.

You will also select thirteen other prisoners of war, the highest in rank of those captured by our forces, to be confined in the cells reserved for prisoners accused of infamous crimes, and will treat them as such so long as the enemy shall continue so to treat the like number of prisoners of war captured by them at sea, and now held for trial in New York as pirates.

As these measures are intended to repress the infamous attempt now made by the enemy to commit judicial murder on prisoners of war you will execute them strictly as the mode best calculated to prevent the commission of so heinous a crime.

Your obedient servant,

J. P. BENJAMIN,

Acting Secretary of War.

HEADQUARTERS DEPARTMENT OF HENRICO,

Richmond, Va., November 11, 1861.

Honorable J. P. BENJAMIN, [Acting] Secretary of War.

SIR: In obedience to instructions contained in your letter of the 9th instant one prisoner of war of the highest rank in our possession was chosen by lot to be held for execution in the same manner as may be adopted by the enemy for the execution of Smith, recently condemned to death in Philadelphia. The names of the six colonels were placed in a can. The first name drawn was that of Colonel M. Corcoran, Sixty-ninth Regiment New York State Militia, who is the hostage chosen to answer for Smith.

In choosing the thirteen from the highest rank to be held to answer for a like number of prisoners of war captured by the enemy at sea, there being only ten field officers it was necessary to draws by lot three captains. the first names drawn were Captain J. B. Ricketts, H. McQuaide and G. W. Rockwood.

The list of thirteen will therefore stand-Colonels Lee, Congswell, Willcox, Woodruff and Wood; Lieutenant-Colonels Bowman and Neff; Majors Potter, Revere and Vogde; s; Captains Ricketts, McQuaide and Rockwood.

Respectfully, your obedient servant,

JNO H. WINDER,

Brigadier-General.

NORFOLK, November 12, 1861.

Honorable J. P. BENJAMIN, Acting Secretary of War:

Please send Lieutenant Worden to my care for the purpose indicated in your letter of the 16th October.

BENJ. HUGER,

Major-General, Commanding.

RICHMOND, VA., November 12, 1861.

Major CALHOUN, Montgomery, Ala.:

Send Lieutenant Worden on his parole to report to the Adjutant-General here. The enemy has agreed to exchange Lieutenant Sharp for him and he is to go home via Norfolk.

J. P. BENJAMIN,

Acting Secretary of War.

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*For trial of William Smith, the prize master of the schooner Enchantress, see p. 58 et seq.

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