War of the Rebellion: Serial 119 Page 0269 CORRESPONDENCE, ETC. -UNION AND CONFEDERATE.

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declaration of May 9, the first section of which covers only citizens delivered at City Point. Whether it will be proper to include sutlers depends upon the understanding between Colonel Ludlow and Mr. Ould at the time the declaration was made.

Very respectfully, your obedient servant,

W. HOFFMAN,

Colonel Third Infantry and Commissary-General of Prisoners.

HEADQUARTERS DEPARTMENT OF THE GULF,

Mobile, Ala., September 8, 1863.

General S. COOPER,

Adjutant and Inspector-General, Richmond, Va.:

GENERAL: I have the honor to inclose a report and the papers in the case of Brigadier General Neal Dow, and respectfully request further instructions in the case.

Very respectfully, general, your obedient servant,

DABNEY H. MAURY,

Major-General, Commanding.

[First indorsement.]

SEPTEMBER 17, 1863.

SECRETARY OF WAR:

A report upon the case of Brigadier-General Dow, of the U. S. Army:

The facts reported are that General Dow, while in command in Pensacola, 1862, had enlisted soldiers (negroes) under his command, some of whom were slaves of persons residing in Florida; and that he made a speech in the presence of slaves to the effect that the masters of slaves in the South had used them crudely and that they (the U. S. authorities) would avenge their wrongs.

Also, that while in command in Louisiana he had commanded a detachment of negro troops that opened one of the parish jails and proclaimed freedom to the slaves that were in custody. The military court in Mobile hold that the resolutions of Congress of the 1st of May, 1863, do not authorize a proceeding against an officer for acts done prior to their adoption, and that the facts do not authorize charges against General Dow. Instructions are sought from the Department as to the disposition to be made of him.

The communication of the judge-advocate, inclosed, presents the reasons upon which the military court have come to their conclusion.

Respectfully submitted.

J. A. CAMPBELL,

Assistant Secretary of War.

[Second indorsement.]

SEPTEMBER 19, 1863.

ADJUTANT-GENERAL:

Orders should be given for the return of General Dow to this city, to be kept with other captured officers till exchanged. From the report of the judge-advocate it does not appear that he can be proceeded against under the joint resolutions of Congress.

J. A. S.