War of the Rebellion: Serial 119 Page 0521 CORRESPONDENCE, ETC. -UNION AND CONFEDERATE.

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crime of which he may have been guilty while acting as a guerrilla and without a commission from the so-called Confederate States. The cartel is not regarded as at all interfering with the right of our Government to punish prisoners of war, when in our possession, for climes committed by them before they entered the rebel military service. The case of a spy is an exception to this rule, because he must be taken flagrante delicto. If he is successful in making his escape, according to the well-settled principles of law the crime does not follow him, and, of course, if subsequently captured in battle he cannot be tried for it. It is recommended, therefore, that Gurley be put upon his trial with the least possible delay.

Very respectfully, your obedient servant,



P. S. -Although under the recent act of Congress the commanding general in the field has authority to carry into execution death sentences for murder, yet, as in the case of Gurley, political considerations may be involved, it is recommended that in the event of his conviction the sentence, after being approved, shall e suspended under the Eighty-ninth Article of War until the pleasure of the President can be known. The trial must, of course, be by a military commission.

J. H.


Washington, November 14, 1863.

Colonel W. HOFFMAN,

Commissary-General of Prisoners, Washington, D. C.:

SIR: Your letter of 11th instant, referring to improper facility enjoyed by rebels on the Canada side for carrying on a correspondence with the prisoners at the depot near Sandusky, is received. I have referred the matter to one of our most experienced special agents, who will take immediate steps to put a stop to the evil complained of.

Very respectfully, your obedient servant,


Acting Chief Clerk.

NOVEMBER 14, 1863.

Lieutenant L. M. BROOKS,

Actg. A. Q. M., Depot of Prisoners of War, Sandusky, Ohio:

LIEUTENANT: A letter from Lieutenant-Colonel Pierson, commanding at Sandusky, has been [submitted] to this office by Colonel Hoffman, Commissary-General of Prisoners, calling attention to the difficulty of supplying the prisoners' depot at that place with wood.

You are authorized to call for bids for at least thirty days, and to make a contract for the delivery at the depot of prisoners of war on Johnson's Island 3,000 cords of wood during next summer and autumn with privilege of increasing the quantity, if circumstances require it, not to exceed 5,000 cords.

By order:


Brevet Colonel, U. S. Army, Deputy Quartermaster-General.