few of them will ever again enter the army even when exchanged, whereas by holding them until the exchange is perfected we turn them over to their officers and they go at once into the army embittered by their long confinement and will fight more desperately than before rather than surrender and go into confinement again. We who have fought them often and captured them once look with regret on a policy which will only result disastrously to our arms. Comparatively few of them have any sympathy with the rebellion.

The romance of war has passed away and the soldiers of the South (really the most conservative class in the South) now perceive that the inducements held out to them to enter the army, amounting almost to compulsion, were in fact baseless except the supposed necessity of keeping their social status good at home, which does not now required such sacrifices as a year since. Most of them are of the poorer but more conservative element of Southern society. Many men will surrender on any reasonable pretext if assured they will be paroled, and the rebels are constantly profiting by this knowledge while we reject the teachings of reason. Many homes and firesides could be reached by such a course as herein indicated which will never be reached by any other course. I know this is not military, but although in the army I am yet a citizen, and when I see what I believe to be a great and alarming error persevered in I would prove false to my obligations as a citizen were I to fail to raise my voice in warning.

I know you, Mr. President, have the welfare of your country and success of our arms as the grand aim to which all your energies are directed, and I trust this matter will be considered and adjudged as its merits may require.

I have the honor to be, sir, your obedient servant,

JOHN J. MUDD,

Of Illinois.

ATTORNEY-GENERAL'S OFFICE,

Washington, August 4, 1862.

Honorable E. M. STANTON, Secretary of War.

SIR: Please find inclosed a letter* from Honorable John S. Phelps, of Missouri, asking for the delivery of James J. Clarkson, now held as a prisoners of war at Fort Leavenworth, to the U. S. marshal for the western district of Missouri for civil trial, he standing indicted there for conspiracy to overthrow the Government. When you have determined whether or no you will direct the accused to be delivered over for civil trial please inform me in order that I may have suitable communication with the law offices in the district.

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

EDWARD BATES,

Attorney-General.

WAR DEPARTMENT, August 4, 1862.

His Excellency ANDREW JOHNSON, Governor of Tennessee:

You are authorized to examine the Tennessee prisoners at the several placed at which they are confined and determine which of them shall be exchanged and which released and the terms upon which their release shall be granted. For this purpose you are authorized to

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* Not found.

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