War of the Rebellion: Serial 118 Page 0800 PRISONERS OF WAR AND STATE, ETC.

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first fully satisfying himself that the party charged was not a citizen of North Carolina. As such while amenable to arrest on sufficient grounds as a spy or even as a traitor he could with no propriety or legality be removed from the State but should have been handed over to the appropriate authorities, military or civil, in that State to be dealt with according to the law. While doubt on the subject of the citizenship of this party may have been on the information possessed pardonable heretofore, now that the assurance of this citizenship is afforded by the deliberate act of the General Assembly of North Carolina, there can be neither pretense nor justification for not promptly admitting the error committed by his removal and rectifying it by his immediate return and delivery under Your Excellency's demand. He will accordingly be cheerfully and at once placed at the disposition of Mr. Cowles or at his option sent under the escort of an officer to be delivered in Raleigh to such authority as you may direct. Should any proceedings be instituted against him requiring the presence of witnesses I need not add that all facilities will be afforded by the Department here to secure their due attendance.

While regretting the mistake committed in this case I find compensative satisfaction in evincing the sincere respect entertained by the Department for the rights of citizenship and sovereignty of the States, and avail myself of the opportunity to assure Your Excellency and through you the General Assembly of North Carolina that the Department so far from countenancing infringement on either regards it as its highest privilege as well as plainest duty by the utmost effort of its powers to preserve them both inviolate against all enemies.

I have the honor to be, with high consideration and esteem, most respectfully, your obedient servant,


Secretary of War.

WAR DEPARTMENT, Richmond, December 27, 1862.

Brigadier General J. H. WINDER, Richmond, Va.

SIR: I have concluded to surrender the Rev. R. J. Graves to the authorities of the State of North Carolina. You will therefore hold the prisoner in readiness to be delivered to the agent of the Governor or to be sent to that State in charge of your officers as may be preferred by the agent.



Secretary of War.


Murfreesborough, December 27, 1862.

Colonel B. S. EWELL, Assistant Adjutant-General, Chattanooga.

COLONEL: In the absence of General Bragg who has gone to the front and the matter not admitting of delay I send you some Federal prisoners for your disposal, General Rosecrans having declined to receive them through his lines. The officers in charge, Captain Cunningham, is instructed to report the enlisted men to you and to convey the officers to Atlanta to be held as hostages until further orders. Colonel Moore and his aide-de-camp, Lieutenant Dewald, having been