War of the Rebellion: Serial 119 Page 0161 CORRESPONDENCE, ETC. - UNION AND CONFEDERATE.

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militia. The provost-marshal should be required to report at once for what offense and by what authority the prisoner was arrested, and the report when received will probably enable the Secretary to dispose of the case. This course is the move obviously proper since there is reason to apprehend that this arrest was made in violation of the declared purpose of the Department in reference to the prisoners. Major Turner, in speaking for the Secretary, stated to the provost-marshal that in case the prisoner had done nothing disloyal since his return he was not to be molested for anything that had occurred prior to his exchange, and Judge Jackson alleges in his opinion that the prisoner has not been charged as guilty of any disloyal practices since the time named. The seizing and holding of hostages in reprisal for captures made by the enemy is certainly and exercise of the war-making power, belonging exclusively to the General Government, and which cannot be shared by the Governor of the States without leading to deplorable complications.

J. HOLT,

Judge-Advocate-General.

OFFICE COMMISSARY-GENERAL OF PRISONERS,

Washington, D. C., July 31, 1863.

Major W. S. PIERSON,

Commanding Depot Prisoners of War, Sandusky, Ohio:

MAJOR: You will hereafter permit no purchases of clothing by rebel officers prisoners of war, except such as are absolutely necessary. One suit of outer garments and a change of underclothes is all they require, and if they have this they will not be permitted to purchase anything more. If they buy either coats or pants, they must be of gray cloth, such as they wear, with plain buttons, without trimmings. They will not be permitted to buy boots of any kind, and only shoes of poor quality.

Very respectfully, your obedient servant,

W. HOFFMAN,

Colonel Third Infantry and Commissary-General of Prisoners.

CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT,

Richmond, July 31, 1863.

Lieutenant Colonel WILLIAM H. LUDLOW, Agent of Exchange:

SIR: I have found out that Spencer Kellogg at last. He is now in Castle Thunder and has been there perhaps two months. Military prisoners are not confined there as a general rule, and for that reason no inquiry was made in that quarter. He is charged with being a spy and deserter. The specification states that about the latter part of January, 1862, he appeared in front of Columbus, Ky., on the Mississippi, in a small boat, representing himself as a deserter from the Federal service and as desirous of joining the Confederate Army; that he was placed first on the floating battery and afterward transferred to the gun-boat General Polk, and then again at his own request transferred to the engineer corps on duty at Island Numbers 10; that whilst at the latter place he made sketches and drawings of the fortifications and defenses; that he was arrested and made his escape to the Federal authorities,

11 R R-SERIES II, VOL VI