War of the Rebellion: Serial 119 Page 0803 CORRESPONDENCE, ETC. - UNION AND CONFEDERATE.

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see no ground whatever on which he can claim immunity for the crimes of which he has been convicted, under the terms of the proclamation. "A general jail clearing," as you express it, could not certainly have been contemplated by the President in issuing his proclamation, and such a result would, I think, be in every way to be deplored.

Very respectfully, your obedient servant,


Judge- Advocate- General.

WAR DEPARTMENT, Washington, December 31, 1863.

His. Excellency O. P. MORTON,

Governor of Indiana, Indianapolis, Ind.:

SIR: I am instructed by the Secretary of War to say that it has been found upon investigation that a party of rebel troops captured in Kentucky after a raid in Indiana ad turned over to the civil authorities of the latter State as kind appears and marauders, belong to the rebel army, were duly mustered in that service, and commanded by a rebel office, and consequently are not amenable to trial by civil courts, but are subject to the same treatment as other prisoners of war. They are now in the custody of the military authorities at Camp Morton, and the Secretary of War directs that copies of the papers in the case be furnished for your information, with the request that Your Excellency will take such action as may be necessary to transfer them formally from the civil to the military authority.

Very respectfully, your obedient servant,


Brigadier- General and Assistant Adjutant-General.

WAR DEPARTMENT, Washington, December 31, 1863.

His Excellency A. I. BOREMAN,

Governor of West Virginia, Wheeling, W. Va.:

SIR: The Secretary of War directs me to acknowledge the receipt of your letter of the 18th instant, proposing an exchange of Colonel Powell, of the Second West Virginia Cavalry, for Colonel R. H. Lee, of the rebel service, and in rely to communicate to Your Excellency the following report of Major-General Hitchcock, commissioner of exchange, in relation to the subject:

The rebel authorities seem particularly anxious to retain Colonel Powell, the reason being well known, to wit, his value to the Union cause. They will not exchange him for Colonel Lee, the latter being disabled. General Butler is now making an effort to effect exchanges, and, if he succeeds, Colonel Powell and his high claims will not be overlooked.

Very respectfully, your obedient servant,


Brigadier-General and Assistant Adjutant-General.


Washington, D. C., December 31, 1863.

Colonel G. W. KINCAID,

Commanding Military Prison, Alton, Ill.:

COLONEL: Your letter of the 23rd instant, in relation to money transaction s between the sutler and prisoners, is received, but the sutler's ticket mentioned was not inclosed. The regulations contemplate that