placed on the footing of ordinary prisoners of war, the case is again referred to this office for report. This opinion of General Hitchock is not concurred in. It is for the court-martial and for it alone to decide whether or not the testimony adduced the trial and exhibited in the record will or should convict the accused of the crime with which he stands charged. It was therefore recommended by this office that the court should be reconvened for that object. On careful re-examination of the record this office is confirmed in the opinion that the court-martial should be reconvened, for no effort should be spared on the part of the Government to bring to justice the perpetrators of this startling and ruffianly murder, and sit is ascertained from the Adjutant-General's Office that it can be reconvened with but slight inconvenience to the public service, the former recommendation is renewed.
CHATTANOOGA, TENN., November 17, 1863.
Honorable E. M. STANTON,
Secretary of War, Washington City, D. C.:
SIR: We take the privilege of informing you that the officers of the Twenty-first Regiment Ohio Volunteers have received a letter from Major McMahan, of that regiment, who is a prisoner at Richmond, Va., in which the major states that Lieutenant E. H. Mason, of the Twenty-first Regiment Ohio Volunteers, who was captured at the battle of Chickamauga, Ga., was recognized in Atlanta, Ga., and retained upon the former charges (spying). Lieutenant John R. Porter, of the same regiment, was also captured at the battle [of] Chickamauga, but has not been heard from. it is believe that he will pass himself as a private soldier, as he was wearing a private's uniform when captured. John Wollam, a private of Company C, Thirty-third Regiment Ohio Volunteers, was also missing at the battle of Chickamauga. He has not been heard from, but is no doubt a prisoner, if alive. It is believed that he was killed or wounded in the first day's fight. You will please remember that these men were members of the party sent by General O. M. Mitchel into the State of George in April, 1862, on the memorable bridge-burning expedition. Porter and Wollam escaped from the enemy at Atlanta in October, 1862, Mason was released. How they can retain and punish him on the original charges after once releasing him we do not understand, but having ben comrades in the same expedition, and for sic long months fellow-prisoners, and being much attached to each other, now that some of our comrades have again fallen in to the hands of the enemy and are likely to lose their lives, our sympathies are aroused, and we would very respectfully solicit you to interfere in their behalf. Let rebels learn to respect, not murder, U. S. officers and soldiers. Perhaps to retaliate for those who were so brutally murdered at Atlanta, Ga., in June, 1862, would caution them a little.
Please excuse us for taking the liberty of addressing you via a private letter; we do it fearing that the above facts have not been brought to your notice.
We have the honor to be, sir, very respectfully, your obedient servant,
Lieutenant, Company K.
DANIEL A. DORSEY,
Lieutenant, Company H, Thirty-third Regiment Ohio Volunteer Infantry.
34 R R-SERIES II, VOL VI