War of the Rebellion: Serial 121 Page 0028 PRISONERS OF WAR AND STATE, ETC.

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that I have done no act inconsistent with my parole and instructions that could place me in this position. I have asked of the United States an investigation.

I am, colonel, very respectfully, your obedient servant,


Brigadier General, Prov. Army, C. S. Agent to Supply Prisoners of War.


Submitted to Secretary of War, who directed it to be placed on file January 20, 1865.


Major-General and Chief of Staff.

POST OFFICE DEPARTMENT, Washington, January 6, 1865.


In the case of my brother I respectfully apply to Your Excellency for the pardon of certain individuals on Johnson's Island, sentenced to death by a military commission and reprieved by Your Excellency. My principal argument is that no harm could possibly arise from their pardon to the cause of the Union; while on the other hand it would save the lives of four brave Union officers who have suffered more in Southern dungeons than any other prisoners, and who are now kept in subterranean cells. The argument against such an exercise of Executive clemency might be the following, that "Our Government should not allow the rebels to prevent its exercise of the belligerent right to punish spies by taking hostages for them." To this I answer that there is no danger that the rebels will make it a practice to prevent the execution of spies by selecting hostages for them from among our prisoners. Spies were arrested and punished by us before and after the case now in question without any attempt on the part of the rebels to prevent it. It is not a principle which the rebels want to assert-it is a mere personal matter. They took the hostages to whom I refer only in a particular case and to benefit particular individuals for whom powerful Southern influences were at work; and the experiment has not been repeated in subsequent cases, nor is it likely to be repeated again as the war will soon be brought to a close.

In case objections should occur to Your Excellency to the granting of my application, I ask to be heard before you arrive at a final decision, and would respectfully request Your Excellency to appoint a day and hour when it will be convenient to hear me.

I have the honor to remain, your obedient servant,


Names of individuals referred to: George P. Simms, William S. Burgess, John Marr, Thomas M. Campbell, H. P. Esteph, John C. Shore, most of them belonging to the Second Independent Kentucky Regiment.

WASHINGTON, January 7, 1865.

Remarks in reference to the note of Mr. Hassaurek, of yesterday's date, touching the case of Lieutenant Markbreit:

The rebels claim the State of Kentucky as included in the "Confederate States," and they have attempted to send rebel officers into that State to recruit for the rebel army. Men were also employed in various parts of the State, endeavoring to raise companies of which they