War of the Rebellion: Serial 119 Page 0321 CORRESPONDENCE, ETC. -UNION AND CONFEDERATE.

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any future capture is made of a large number of men inform me of it and of the disposition made of them.

Seventh. As to other matters exercise your own good judgment.

RO. OULD,

Agent of Exchange.

WAR DEPARTMENT, Washington, September 26, 1863.

Brigadier-General MEREDITH, Fort Monroe:

The following telegram has just been received by this Department. You will take immediate measures to communicate it to Mr. Ould and procure a suspension of execution until facts may be offered to show the real status of the prisoner and prevent an improper execution. There must be some mistake in the matter.

UTICA, September 26, 1863.

Honorable EDWIN M. STANTON, Secretary of War:

Spencer Kellogg, quartermaster gun-boat Essex, condemned at Richmond as spy. His father will prove to you Monday that he should be held prisoner of war. Will you do all in your power to save him?

LEVI COZZENS.

EDWIN M. STANTON,

Secretary of War.

WAR DEPARTMENT, Washington, September 26, 1863.

LEVI COZZENS, Utica, N. Y.:

The Department is using every exertion to prevent the execution of Mr. Kellogg and to save him.

EDWIN M. STANTON,

Secretary of War.

WASHINGTON, September 26, 1863.

General S. A. MEREDITH, Fort Monroe:

A member of the Sanitary Commission, just here from Richmond, reports a belief that Spencer Kellogg, an officer of the Essex steamer on the Mississippi, is under sentence of death at Richmond, the circumstances being unknown. The strongest belief prevails that Kellogg is not amenable to the penalty of death under the laws of war and is entitled to the treatment due to a prisoner of war.

You will lose no time in communicating with Mr. Ould on the subject, and urge him in the most earnest manner to have extreme proceedings against Kellogg suspended, if any are contemplated, until he can be allowed a hearing. There must be some mistake with regard to Kellogg, and it would be a cruel outrage against humanity that he should be a victim of it, to say nothing of the consequences which must follow any wrong done to him.

E. A. HITCHCOCK,

Major-General, &c.

WASHINGTON, September 26, 1863.

GENERAL MEREDITH, Fort Monroe:

SIR: You can furnish Mr. Ould a copy of my telegram with regard to Spencer Kellogg.

E. A. HITCHCOCK,

Major-General.

21 R R-SERIES II, VOL VI