but on the contrary a party of our soldiers while engaged in depriving negroes of arms (obtained in some illicit manner) and in protecting the inhabitants from those very negroes and from the depredations of our own soldiers were attacked and captured after a severe fight, at which time also an inoffensive citizens in feeble health was killed by your soldiers. Many other instance have occurred in the neighborhood of Helena where soldiers placed as safeguards over the property of the inhabitants outside of your chain of sentinels have been captured and carried off. Second. We have never pretended to insist that all of your soldiers should be dressed in uniform, because we know you could not furnish it. My definition of a guerrilla is a man who pretends to be a peaceful citizen at one time and a soldier a another, as many of the small parties through the country do. We have recognized men on the battle-field who a few days before were in our camp for the purposes of trade, and one was killed in a skirmish not long since with a pass from out provost-marsha of recent date in his pocket.

There is no usage of civilized nations which would give the rights of war to such persons, and the only way to stop practices is to destroy the houses and farms of persons so offending, and yet I know of very few instance where this punishment has been meted out by this army. Most of he conflagrations which have occurred have been the result of the lawlessness of individuals and in defiance of the orders and the most strenuous exertions and watchfulness on the part of our officers, and I know of no single instance in this State where a guerrilla has been executed after being taken prisoner. In some instances citizens have burned their own houses and those of their neighbors and the acts have been ascribed to our soldiers, and there has been a systematic burning of houses, mills, and cotton-gins in our neighborhood ever since we have occupied this place.

In these remarks I do not pretend to answer your letter directed to my commanding officer, Major-General Curtis, but to meet with an instant denial any charges of deliberate and intentional violation of the laws of war by this Army of the Southwest, with which I have had the honor to be associated during its whole campaign. Whatever may be the policy of my commanding officers and of the Government I shall most cheerfully follow it out, and hope that you will not compel the Government to resort to severe measures of retaliation.

Very respectfully, your obedient servant,

E. A. CARR,

Brigadier-General, Commanding.

OFFICE COMMISSARY-GENERAL OF PRISONERS,

Detroit, Mich., October 16, 1862.

General L. THOMAS, Adjutant-General U. S. Army, Washington.

GENERAL: I have the honor to inclose herewith charges* received from Major Turner, judge-advocate, in relation to the furnishing of military clothing to rebel prisoners and other transactions at Johnson's Island, together with the report # of Major W. S. Pierson, the commanding officer, in reply, supported by abundant proof, from which it appears that the charges came from men without any reliable character and are without the slightest foundation.

Very respectfully, your obedient servant,

W. HOFFMAN,

Colonel Third Infantry, Commissary-General of Prisoners.

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* Omitted here; see Turner to Stanton, Oct. 2, p. 591.

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# Not found.