War of the Rebellion: Serial 118 Page 0666 PRISONERS OF WAR AND STATE, ETC.

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the charge of having changed the sentence of the commission, which in a legally organized court is not possible. A sentence can be lessened or entirely remitted. And it would also take from the commission much of the validity with which it was invested by the U. S. court.

I will not state what I consider to be the disadvantages of sending him South after having taken a full view of the case, but beg most respectfully to suggest that I can be more useful line this department if the established and recognized course be pursued in reference to these courts than if we depart from that course. But notwithstanding my views on the subject, to which I have given my strictest and most honest attention, I will most cheerfully obey the order of the President in the matter, but hope I may be pardoned for keeping the gun-boat at anchor until I receive a response to this. In case it should be decided to have the original sentence carried out I would respectfully state that the plan is to send him to Pittsburgh by gun-boat, thence to Baltimore without change of cars, thence by propeller to Boston direct or by way of New York. No one knows of this plan but myself. I should have sent this communication by mail but for the necessity of haste.

Respectfully, &c.,

A. E. BURNSIDE,

Major-General, Commanding.

WAR DEPARTMENT, Washington, May 20, 1863.

Major-General BURNSIDE:

Your dispatch of 3 this afternoon to Secretary Stanton has been received and shown to the President. He thinks the best disposition to be made of Vallandigham is to put him beyond the lines as directed in the order transmitted to you last evening, and directs that you execute that order by sending him forward under secure guard without delay to General Rosecrans.

By order of A. Lincoln, President:

ED. R. S. CANBY,

Brigadier-General.

Acknowledge receipt.

HEADQUARTERS DEPARTMENT OF THE SOUTH,

Port Royal, S. C., May 20, 1863.

Rear-Admiral S. F. DU PONT, U. S. Navy.

ADMIRAL: I have the honor to acknowledge the receipt of your note of the 19th instant in relation to the nine prisoners of war captured by the Navy on Edisto. I think it so important to the safety of my officers that I should have possession of these prisoners that I have deemed it my duty to write His Excellency the President on the subject requesting an order to have these prisoners delivered to me. My letter cannot go North till the next mail. Until I can hear from the President on the subject I beg, Admiral, that you will suspend the execution of any order you may receive on this subject from the Navy Department till I can have a reply from the President.

I have the honor to be, very respectfully, your most obedient servant,

D. HUNTER,

Major-General, Commanding.