If the prisoner had been a soldier of the hostile army he would be entitled to the treatment due to a prisoner of war, which might prevent his delivery to be tried for a civil offense. Not being taken in arms and not being avowedly in the employment of the enemy, he may be subject to a claim for trial for a specific crime.

J. D.

[Inclosure.]

OFFICE OF THE ATTORNEY FOR THE

COMMONWEALTH OF ALLEGHANY,

August 11, 1862.

Governor LETCHER, Richmond, Va.

GOVERNOR: Immediately after the arrest of Dr. William P. Rucker I demanded in writing from Major-General Loring his surrender to the civil authorities to be tried for treason, murder and larceny.

I had no warrant against him for treason, but had abundant evidence to establish his guilt. For the other crimes the warrants are in my hands. General Loring has not yet decided what to do and may conclude to treat him as a prisoner of war. I therefore place the matter in your hands.

I am of the opinion that every Virginian taken in the Yankee army ought to be prosecuted for treason and every Yankee who has stolen a negro made to answer the laws of Virginia, but of this you are the judge and I only make the suggestion.

If wrong you will pardon the suggestion.

In haste, I am, Governor, very truly, yours,

W. SKEEN,

Attorney for Commonwealth of Alleghany and Provost-Marshal.

GENERAL ORDERS,
WAR DEPARTMENT,
ADJT. AND INSP. GENERAL'S OFFICE, Numbers 59.
Richmond, August 20, 1862.

Whereas, information has been received that certain peaceable citizens of the Confederate States have been seized and put to death by order of General Fitch,* commanding the army of the United States which had invaded the State of Arkansas, upon the ground that one of the said invading army had been shot by some unknown person who, whatever his condition, had an unquestionable right to defend his home; and whereas, inquiry has been made of the Government of the United States as to the correctness of the said information, and whether the action of General Fitch has the sanction of the said Government, to which inquiry the authorities of the United States have refused to answer; and whereas, our Government is driven to retaliatory measures as the only means to protect the lives of the peaceable citizens of the Confederate States who may fall into the hands of General Fitch, or any person acting under his authority:

It is hereby ordered that general officers commanding the troops of the Confederate States shall forthwith ascertain and report to the President whether such acts have been committed, and upon being certified [satisfied] thereof shall forthwith set apart by lot, from among any prisoners taken from the army under the command of General Fitch, a number of officers equal in number to the persons who have been put to death as aforesaid, and place them in close confinement for execution at such time thereafter as may be ordered by the President, and

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*Reference is to Colonel Graham N. Fitch, Forty-sixth Indiana.

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