War of the Rebellion: Serial 121 Page 0709 CORRESPONDENCE, ETC.-UNION AND CONFEDERATE.

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the enemy, and to an oath of allegiance to the Government; and that thereupon he was granted, under the designation of "Charles Cole, late a captain in the rebel Army," a permission to proceed to Harrisburg, Pa., with the condition only that he should report to the provost-marshal there. He was, therefore, to be deemed, from and after that time, as a citizen, under military surveillance, perhaps, but no less a citizen and owing allegiance as such to the United States.

It follows, therefore, that this party is triable, as follows:

For a treasonable conspiracy with Robinson, Thompson, Clay, Norris, and others.

For a violation of the laws of war in engaging in an attempt to seize Government property and release prisoners of war.

For a violation of his oath of allegiance.

For a violation of his parole.

Upon any and all of these charges he is believed to be triable by a military commission.

As to Robinson, although no doubt guilty of the first two offenses, yet in the absence of any other testimony against him than that of Cole, he could not well be convicted except upon the first; and it any therefore be deemed best, if it be determined to bring these parties to trial, to arraign and try them together upon the first charge, and not further prosecute Cole separately upon the other charges specified.

It would appear, however, that the criminality of Robinson is of a character much less grave than that of Cole, and also that he is not a person of influence or much intelligence. It is suggested, therefore, that the privilege be offered him of appearing as a witness against Cole, upon the usual terms of pardon, provided he fully and frankly discloses all the facts within his knowledge; and that should he so appear and disclose, the trial of Cole upon all the charges indicated be proceeded with.

That this man-at once a secret agent and hireling of the rebellion and a false and perjured traitor-should escape punishment would appear to involve a deplorable failure of justice.

In the absence of the Judge-Advocate-General:


Major and Judge-Advocate.


Washington, July 18, 1865.

Major General Q. A. GILLMORE, U. S. Volunteers,

Commanding Department of South Carolina, Hilton Head, S. C.:

SIR: Your letter of the 7th instant in relation to the release of Mr. Trenholm from Fort Pulaski has been seen by the Secretary of War, who directs me to say that your explanation entirely exonerates you from blame.

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


Assistant Adjutant-General.


Washington, July 20, 1865.

Brigadier-General HOFFMAN, Commissary-General of Prisoners:

SIR: The President of the United States directs that the commanders of the several prison stations be instructed to proceed immediately