War of the Rebellion: Serial 119 Page 0325 CORRESPONDENCE, ETC. -UNION AND CONFEDERATE.

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the 18th of this month he was brought before a court-martial, and on the following day, upon the most ample evidence, convicted of being, first, a deserter from our service (which he at one time joined) to the enemy, and secondly, of having acted as a spy while in our service at Island Numbers 10. As you are aware, he was captured in arms against us near Baton Rouge something more than a year ago.

On the 25th of this month Spencer Kellogg was publicly executed by hanging at Camp Lee, near Richmond. Some day or two before the execution he openly confessed that he had been employed by the Federal authorities as a spy and acknowledged the justice of his sentence. I am under the impression that he left letters for his relatives wherein the same admissions are made. In my next communication to you I will forward you a copy of the order in his case containing the charges and specifications.

If you will reciprocate in such cases I will send you a certified copy of the record in his case. To my certain knowledge the evidence of his guilt was overwhelming, one of the witnesses being the lieutenant of engineers under whom he served while at Island Numbers 10. In spite of that, however, if he had not already been executed, I am sure a suspension of execution would have been ordered to await anything which you might have had to produce in his favor. His trial was fair and impartial. He was not tried before an improvised military commission, but before a general court-martial, convened months ago and composed of intelligent and honorable officers. A longer time elapsed from the time of his conviction to the date of his execution than is usually accorded to spies.

Your Government cannot complain of the fullest notice. On the 31st of July I informed Lieutenant-Colonel Ludlow that he would be tried. When you see the charges and specifications you will see they are almost copied from my letter of that date. If there was anything to be produced in favor of Kellogg it should have been presented long age. There must be, however, some mistake about the ability of his friends to show that he should not be treated as a deserter and a spy. The evidence and his own confessions settle those two facts beyond a doubt.

I will give you further information as to this case in a subsequent communication. To-night I have not the time to procure it.

Respectfully, your obedient servant,

RO. OULD,

Agent of Exchange.

CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT,

Richmond, September 28, 1863.

Brigadier General S. A. MEREDITH, Agent of Exchange:

SIR: On the 1st of August last, in reply to your first communication respecting the captain and crew of the bark Texan, I gave you a list of six captures made by the Federal forces, some or all of which corresponded with that of the Texan. I refer you to the letter of August 1. The captures were made either at sea or in our western rivers. The parties were engaged in either exterior or interior commerce. How they differ from the officers and crew of the Texan I cannot conceive. I then made you a proposition in reference to the release of the officers and crews of all vessels who are now held in confinement by either the United States or Confederate States. You have not seen fit to accept it.