inclemency of a severe climate, kept huddled together without fire and put to the rack by having their muscles corded to extreme tension for hours together. Firmness and promptness are very different from torture and inhumanity. The fact that a man is confined in a military prison under charges of even the gravest character is no justification for the officer who responsible fe-keeping anticipates the functions of a court and punishes the prisoner in advance of a trial.

The second resolution adopted by the House is as follows: "How many prisoners have been killed, by whom and the circumstances under which they were killed?"

It was proved beyond any doubt before the committee that upon one occasion a deranged prisoner whilst running up the steps into the main building of the prison was hot by the sentinel and killed Another prisoner was shot on the balcony by one of the guard and killed after he had begged the sentinel not to shoot. Under the circumstances attending both these cases the undersigned can regard them in no other light than as deliberate and willful murders. The unprotected and defenseless condition of a prisoner, confined and disarmed, no matter what his moral character, should appeal strongly to the sympathy of any man with proper sensibility, and to deprive him of life whilst in the condition of a prisoner can only be justified by the most extreme danger of the prisoner's escape. In neither of these cases did such danger exist. One of the victims was insane, the other had abandoned any attempt to escape and was asking for mercy when killed. There was no evidence before the committee that the sentinels perpetrating these outrages had been punished by the officers in charge of the prison.

From the foregoing specific instances and from the general tenor of the evidence adduced before the committee the undersigned is of opinion that Brigadier-General Winder and Captain Alexander, who have had the superintendence of Castle Thunder, have shown a want of judgment and humanity in the management of that prison deserving not only the censure of Congress but prompt removal from the position they have abused. Not only were the charges of cruelty and injustice sustained against Alexander by the evidence before the committee but it was also shown that he had been partial in his treatment of the prisoners under his charge and that some of his subordinates had imitated his example. It is but just to state that Mr. Riggs, an officer of the prison, is entitled to praise instead of censure for the course pursued by him, a course the more commendable as it is so remarkable an exception to the cruelty practiced by his superiors.

Captain Alexander and his friends and attorney were present at the examination of witnesses and put such questions to the witnesses as they thought proper.

[This report, dated May 1, 1863, is unsigned but indorsed "Herbert. "]

HEADQUARTERS, Tuscumbia, Ala., April 12, 1863.

Captain SPENCER, Commanding Flag of Truce.

CAPTAIN: I am directed by the general commanding district to inform you that all prisoners of war held by him were paroled on the 7th instant and sent to the Federal lines.

Very respectfully, your obedient servant,
P. D. RODDEY,

Colonel, Commanding Cavalry.