War of the Rebellion: Serial 118 Page 0022 PRISONERS OF WAR AND STATE, ETC.

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Nation. Two of his lieutenants captured with him he states have been exchanged. He was held a prisoner of war from July to October, 1862, when under the indictment he was delivered to the U. S. marshal and put in jail. Under the cartel he claims the right to be exchanged. Not being in my custody upon his application I have had him examined, and he now remains in jail until the questions involved in his case shall be decided. I am anxious to receive specific directions as a guide to determine such questions as they arise, and I ask:

1. Do the facts stated place Clarkson upon the footing of a colonel in the Confederate service so that it is safe to send him forward for exchange as officer of that rank, or should he be detained until it is ascertained that one of our colonels will be returned in exchange for him?

2. Supposing him entitled to be treated as a colonel in the Confederate service is the pending indictment to interfere with his being exchanged? If recognized as a Confederate officer must he not at once be granted an exchange? The indictment is based upon the ground that he is a citizen; the cartel treats him as a belligerent.

3. He was captured in arms and is a prisoner of war, and if not considered an officer what shall be his status?

4. Colonel Clarkson being now in the custody of the U. S. marshal by order of the circuit court of the United States it is the duty of the marshal to produce his body in court at its next sitting. The marshal insists upon holding the prisoner. The court does not sit until April, 1863, so that the matter cannot be brought before it that it may make an order to deliver the prisoner to the military authorities. If it is decided that I am take the prisoner from the marshal by superior force I ask specific instructions in relation to the matter. Should there not be either an order from the Secretary of War directing me to take this man from the marshal and send him forward to be exchanged as a prisoner of war, or else as order in terms embracing all such cases? And in view of other cases now being examined by me I also need instructions upon other points.

5. There are prisoners of war under my control against whom indictments have been found in the U. S. circuit court based upon the said law for conspiring through this rebellion to overthrow the Government. The U. S. marshal asks me to surrender these prisoners to him that they may be arraigned in court upon the indictments. Will you direct what course I shall pursue? And under this head arise two questions: First, what answer should I give the marshal if such prisoners desire to be exchanged according to the terms of the cartel? And second, in your letter to Colonel Gratt of 20th September, 1862, the last paragraph states: "All prisoners belonging to the Confederate Army who desire it will be released upon taking the oath of allegiance. " If Confederate prisoners held by me avail themselves of this means of obtaining a discharge and the marshal demands this delivery to him what should be my action? The prisoners have no means of learning that such indictment has been found against them.

6. There is a large number of prisoners in my custody, probably over 200, who have been captured in the central and northern part of Missouri within the last three months who state that they have been sworn into the Confederate service. It appears that persons claiming to be authorized to recruit for the Confederate army entered the State, passing up from Arkansas into the northern part of the State. They went amongst the guerrilla bands of Porter, Poindexter and others and claiming to be duly authorized swore these men into the rebel service, and when most of these men were captured they were working their