been out in recent raids with Porter, Poindexter and others. My understanding of the instructions contained in your letter is that when the party surrendering has been guilty of no crime or outrage and where I am satisfied that he was induced to go out by reason of a "misconception" of the force and purpose of the orders issued by General Schofield, and am further satisfied that he returns to his allegiance in good faith and with the full intention of restricting and abiding by any obligation imposed upon him, that in such cases they should be released upon parole and bond. Such was my understanding of the purport of instructions couched in your letter. After receiving your letter, in addressing General Merril upon another subject, I incidentally mentioned the fact that I had a number of prisoners of the class above referred to, a and that in response to inquiries you had instructed me to dispose of them as above indicated, which I had already taken steps to do. In response to which I received the following:

Do not release any prisoners you have upon any terms. To those who will surrender you may say their lives be spared. Nothing more will be promised them. * * * Colonel Gantt can give no orders in this except through these headquarters.

LEWIS MERRILL,

Brigadier-General, Commanding.

It may be that in point of etiquette I should have communicated with your through division headquarters. It may be a misfortune that I am not so punctilious as some men and regard war as rather a think of substance than form.

Now, sir, I have some forty or a fifty prisoners of the class referred to above. They are out on parole to report at these headquarters on the 11th instant. My opinion is that all that can be or will be done with them after an investigation before a military commission will be to subject them to the terms as indicated in your letter. The confinement, transportation and subsistence of these men whilst awaiting trial will cost the Government no small sum. It would require at least fifty men to keep guard over the. Hence my convictions are fixed that the sooner they can be disposed of the better for our cause, provided the terms imposed are commensurate with their offenses. I feel greatly embarrassed in regard to this matter. I would trespass upon the prerogative of no man either above or below me. You will be good enough therefore to advise me whether the instructions contained in your official letter of September 24 are authoritative. If not, I desire that you should communicate to me through division headquarters or otherwise such instructions as should govern my action in the premises. You will be kind enough to let me hear from you on this subject by the 11th instant if convenient as I would like to dispose of the cases in question at that time.

Very respectfully, your obedient servant,

O. GUITAR,

Brigadier-General, Commanding.

WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE,

Washington, D. C., October 10, 1862.

Major General H. G. WRIGHT,

Commanding Department of the Ohio, Cincinnati, Ohio.

SIR: I inclose herewith General Orders, Nos. 32 and 67,* in relation to the duties of the commissary-general of prisoners. The provost-

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* Omitted here; for General Orders, Numbers 32, see Vol. III, this Series, p. 417, and for General Orders, Numbers 67, see p. 30, this Vol.

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