War of the Rebellion: Serial 119 Page 0146 PRISONERS OF WAR AND STATE, ETC.

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aid, comfort, or assist any slave or slaves to raise or to attempt to raise an insurrection within this State by furnishing them with any written or other passport, with arms or ammunition, or munitions of war, or knowing of their assembling for any purpose tending to treason or insurrection, shall afford to them shelter or protection, or shall permit his, her, or their house or houses to be resorted to by any slave or slaves for any purpose tending to treason or insurrection as aforesaid, shall, on conviction thereof in any court having jurisdiction thereof, by confession in open court or by the testimony of his witnesses, be adjudged guilty of treason against the State and suffer death.

You will perceive by my letter to General Beauregard that there were 'slaves in insurrection" and that the free negroes" were concerned and connected with those slaves in a state of insurrection," and are therefore amenable to this law. I cannot suppose the mere fact that these free negroes were under the flag and clothed in the uniform of the United States will protect them from the operation of the State laws on the subject of insurrection.

I therefore respectfully request that these free negroes be turned over to me to be dealt with under the laws of this State.

I have the honor to remain, your obedient servant,



Charleston, S. C., July 23, 1863.

Surgeon CROWELL, Medical Director of Hospitals:

SIR: Lieutenant Kearny informs me that you called to see me this evening for some explanations as to the precise wishes of the commanding general relative to the wounded prisoners which I had sought to express in my previous letter of this date. It appears that you are in doubt whether or not it was designed that the wounded negroes should be sent. Assumedly not, as the authorities of the Confederate States have uniformly declared that the introduction in this war of negro troops would not be permitted. I learn that certain of the prisoners are without clothing, and that you are in doubt as to what should be done with them. Of course, they must be clad as far as decency demands by the quartermaster's department, and this I think was covered by so much of my communication as prescribed that there should be due attention paid to the comfort of these men.

Respectfully, your obedient servant,


Chief of Staff.


Washington, D. C., July 24, 1863.

Major General R. C. SCHENCK,

Commanding Middle Department, Baltimore, Md.:

GENERAL: I am informed by Lieutenant-Colonel Ludlow, agent for exchange of prisoners, that Mr. Ould, Confederate agent, declines to receive Mr. John Glenn, a political prisoner who was forwarded from Baltimore to City Point recently, on the ground that he claims to be a citizen of Maryland; that he owes allegiance to the United States and not to the Confederate States, and that he will refuse to take any oath of allegiance to said States. Mr. Ould also announces that he will continue to refuse any person who holds to the same sentiments.

Very respectfully, your obedient servant,


Colonel Third Infantry and Commissary-General of Prisoners.