War of the Rebellion: Serial 119 Page 0328 PRISONERS OF WAR AND STATE, ETC.

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was executed on Friday last. As our Government has threatened retaliation in case of such execution, if found to be unauthorized by the laws of war, if becomes necessary to examine the question with great care.

Kellogg has been held for the past year as a spy, although not captures as a spy, but as a prisoner of war. He unquestionably acted as a spy in February or March, 1862, but escaped and rejoined his ship, from which he was captured some time during the summer as an ordinary prisoner of war. We claim that no being captured while a spy, or previous to his rejoining our forces, he could not be considered or treated otherwise than as a prisoner of war. This is the doctrine of paragraph 104, General Orders, Numbers 100. I think I have seen the same doctrine stated elsewhere, but cannot now refer to any authority. Please give me references if you have any.

I remember that the English in Major Andre's case made a point that, even admitting he was a spy, he had, when captured, passed our lines and was on "neutral grounds," and therefore no longer punishable. A ready answer to this was that lines are movable, and extend and contract with the movements of troops. Andre had not reached the British lines when captured. Had he subsequently been taken as a prisoner of war his case would have been parallel to that of Kellogg. I do not now remember a case exactly parallel. Hale was captured within the enemy's lines while acting as a spy.

The Richmond papers add that he was executed as a spy and deserter. The latter charge I think is untrue, and is probably put in as a make-weight. I saw Kellogg myself and conversed with him immediately after his return from the rebel lines, and he never intimated that he had entered the military service of the enemy.

It is important that we should make the right ground in this matter. I hope you will give me such information and advice as may be in your power.

Yours, truly,

H. W. HALLECK.

HEADQUARTERS DEPARTMENT OF VIRGINIA,

Fort Monroe, September 30, 1863.

Colonel WILLIAM HOFFMAN, Commissary-General of Prisoners:

SIR: The rebel agent of exchange accepts my proposition to make a mutual monthly exchange of lists of persons who die in prison North and South, and says he will furnish me one in a few days. Will you have one forwarded to me for the month of September at your earliest convenience?

Very respectfully, your obedient servant,

S. A. MEREDITH,

Brigadier-General and Commissioner for Exchange.

HEADQUARTERS DEPARTMENT OF VIRGINIA,

Fort Monroe, September 30, 1863.

Colonel WILLIAM HOFFMAN, Commissary-General of Prisoners:

SIR: The rebel agent of exchange informs me that blankets, clothing, &c., will be delivered to our prisoners confined in Richmond. Would it not be well to forward some to them? There are no lights in the