War of the Rebellion: Serial 119 Page 0038 PRISONERS OF WAR AND STATE, ETC.

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[Inclosure Numbers 1.]

U. S. STEAMER EMERALD,

Near Vicksburg, Miss., November 1, 1862.

Major N. G. WATTS, Agent for Exchange of Prisoners:

SIR: I am informed by the Federal prisoners whom you have just delivered to me that four others of their follow-prisoners were detained in close confinement by your order. I have the honor to request in behalf of my Government that you state your reasons for so detaining them. I will await your pleasure.

Very respectfully, your obedient servant,

J. B. SAMPLE,

Captain and A. A. G., U. S. Vols., Agent for Exchange of Prisoners.

[Inclosure Numbers 2.]

OFFICE EXCHANGE OF PRISONERS,

Vicksburg, Miss., November 2, 1863.

Captain J. B. SAMPLE,

On Board Steamer Emerald, near Vicksburg, Mess.:

CAPTAIN: Your letter to hand. The prisoners mentioned in your favor are detonates hostages by order of my Government, and your Government officially informed of the fact.

I am, captain, most respectfully, your obedient servant,

N. G. WATTS,

Major, C. S. Army, and Agent for Exchange of Prisoners of War.

JUDGE-ADVOCATE-GENERAL'S OFFICE,

Washington, June 24, 1863.

Brigadier General J. H. MARTINDALE,

Commanding Military District of Washington:

GENERAL: Upon the case of Claggett Fitzhugh, submitted to me by you I have the honor to reply that I have examined the within papers and that my views thereon are as follows:

Said Fitzhugh is now held in the Old Capitol Prison as a citizen and political prisoner, having been arrested in September, 1862, for aiding and abetting the enemy, acting as guide to the rebel General Longstreet, &c. He, however, claims to be treated as a prisoner of war, asserts that when captured he had been regularly enlisted in the rebel service, and as such must have been included in the exchange of prisoners heretofore carried out between the tow armies. It is admitted that if be was an enlisted man at the time of his capture ha has been exchanged and should be set at liberty.

There is no evidence whatever in the case, beyond his own assertion, that Fitzhugh was ever enlisted in the rebel service as soldier or otherwise. On the contrary the circumstances detailed in the papers all go to show that the was, when arrested, acting in the character of a traitorous and disloyal citizen, and as such giving aid and comfort to the enemy. It appears that he resided at Mont Alto, Franklin county, Pa., and had held for years a responsible position as clerk and deputy manager of the iron-works at that place; that he had made himself thoroughly acquainted in the course of his business with the roads in Western Maryland and on the frontier of Pennsylvania; that he joined the enemy upon their invasion of the latter State on the 13th of September, and was captured the next day; that when captured he was