War of the Rebellion: Serial 119 Page 1097 CORRESPONDENCE, ETC. -UNION AND CONFEDERATE.

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MARCH 26, 1864-10 a. m.

The supreme court have refused to receive the prisoners in charge of the military guard and insist that they shall be returned without day conditions. I have advised this course. The judges, in a conversation with me this morning, intimated that as soon as the court had made a decision then the military could carry out their views according to law.

You may depend upon it, general, that if these men escape from the sheriff's guard, they will never trouble the civil or military authorities again.

I have taken the responsibility to act as I have done believing it to the best course, and one which will preserve your influence in the State and avoid unpleasant difficulties between the authorities.

Very respectfully, your obedient servant,

HORACE CONE.

FORT MONROE, March 26, 1864.

Honorable E. M. STANTON, Secretary of War:

I have received no papers referred to me from General Hitchcock upon the subject of my confidential telegram to you relative to the exchange of prisoners. I should be glad to receive copies mentioned.

BENJ. F. BUTLER,

Major-General, Commanding.

WAR DEPARTMENT, Washington City, March 26, 1864.

Major-General BUTLER, Fortress Monroe:

The papers referred to do not relate to the dispatch marked "confidential," but to the one of the 10th of February in reply to General Hitchcock's letter. Copies will be forwarded.

EDWIN M. STANTON,

Secretary of War.

HEADQUARTERS SAINT MARY'S DISTRICT,

Point Lookout, Md., March 26, 1864.

Colonel W. HOFFMAN, Commissary-General of Prisoners:

COLONEL: I have the honor to transmit herewith the proceedings of a board of officers assembled at this post to investigate and report the facts and circumstances connected with the shooting of a prisoner of war named Peyton by Sergt. Edwin Young, Second Regiment New Hampshire Volunteers, on the 20th instant.

I regret the affair exceedingly, but there appears to have been nothing in the conduct or language of Sergeant Young to occasion the violent abuse which he received from the deceased. I believe Sergeant Young's statement to be true. He is a brave man, and so far as I know has always performed his duties in the prisoners' camp acceptably and well.

I have the honor to be, very respectfully, your obedient servant,

G. MARSTON,

Brigadier-General.

[Inclosure.]

Proceedings of a board of officers convened at Point Lookout, Saint Mary's District, Md., by virtue of the following order:

HEADQUARTERS SAINT MARY'S DISTRICT,

Point Lookout, Md., March 21, 1864.

A board of officers will assemble at this post on the 22nd day of March instant, at 10 o'clock in the forenoon, or as soon thereafter as practicable to investigate and