condition that I certified to the lists as captured and paroled. They dictated and I appended the following certificate to each of the hospital lists, no copy of which was left me:

ON CUMBERLAND RIVER, Near Ashland, January 13, 1863.

I certify that the above lists of sick and wounded U. S. soldiers on board the steamer Hastings were captured by the Confederate forces (or forces of the Confederate States) on January 13, 1863, on the Cumberland River, and duly paroled by E. S. Burford, assistant adjutant-general of General Wheeler's Cavalry Corps.

L. D. WATERMAN,

Surgeon Thirty-ninth Indiana Volunteers, in Charge of Sick and Wounded.

There were also eight or nine wounded officers of the U. S. Army on board whose names were taken and who were sworn not to take up arms, &c., but who being passengers and not under my charge and immediately mingled with 500 others from other steam-boats I am unable to name. The Confederate officers being intoxicated and getting rapidly more so took the lists names and plunder and hurried off in spite of my protest and demands for copies, only giving me in return the following statement the original of which I have:

HEADQUARTERS CAVALRY,
On Board the Hastings, on the Cumberland River, Tenn., January 13, 1863.

The steamer Hastings having been captured by the Confederate forces on the 13th of January, 1863, and having 212 U. S. soldiers, wounded in the late battles before Murfreesborough, do swear that they will not aid or abet or in any wise do anything prejudicial to the interests of the Confederate States until they are duly exchanged according to the cartel.

Witness:

E. S. BURFORD,

Assistant Adjutant-General, General Wheeler's Cavalry Corps.

These wounded officers and soldiers were mingled with others unavoidably and scattered to different hospitals, with no evidence, some of them without an understanding of the transaction. Such are very briefly the essential facts concerning this capture and attempt at parole the report of which has been somewhat delayed by sickness.

I have the honor to be, very respectfully and obediently, yours,

L. D. WATERMAN,

Surgeon Thirty-ninth Indiana Volunteers,

In Charge General Hospital Numbers 17, Nashville, Tenn.

WAR DEPARTMENT, Washington, January 28, 1863.

Honorable WILLIAM H. SEWARD, Secretary of State.

SIR: I have the honor to acknowledge the receipt of your letter of the 27th instant and to inform you in reply that orders have been issued for an immediate and through inspection into the condition of the prisoners confined at Fort Delaware.

Very respectfully, your obedient servant,

EDWIN M. STANTON,

Secretary of War.

WAR DEPARTMENT, Washington, January 28, 1863.

Major General R. S. SCHENCK, Commanding at Baltimore, Md.

GENERAL: I inclose herewith a copy of a letter* of the 27th instant from the Department of State calling attention to certain representations made by the British pro-consul at Philadelphia in regard to the condition of the prisoners at Fort Delaware and of the cells in which

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*See Seward to Stanton, January 27, p. 216.

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