murder committed by the enemy, acting apparently under due military authority, during the recent expedition of General Hunter into the Valley of Virginia, and your opinion is solicited as to whether any or what measure of punishment of retaliation should be adopted. Both are cases of barbarous violation of the usages of civilized war, and one in particular (that of Captain White) seems imperatively to demand from our military authorities some vindication. You will perceive from the indorsement on the papers that these papers have been the subject of conference, at the desire of the President, between General Bragg and myself. My one opinion, as you are probably aware, dictated not, I think, by any spirit of mere vindictiveness, but adopted on deliberate reflection, as in my judgment the best if not the only mode of compelling our malignant foes to an observance of the laws of war, has causes me to recommend invariably in such cases stern and immediate retaliation. The justice of the opinion has, I think, been confirmed by experience, whenever any officer, roused by outrage to assume the responsibility, has within his command sternly retaliated. General Bragg informs me that such was also his experience while in command in the West. With these views, my judgment would be in the present cases to have two prisoners from the same command, of appropriate rank, executed upon the very spots where the murders were committed. I trust to be excused from any expression of this opinion, which I felt to be the more due because my indorsement on the papers referred to, proceeding on the assumption that my opinions were known to the President, have not taken the responsibility of a positive recommendation. The subject, however, which this explanation, is submitted for your consideration and counsel.

Very respectfully, yours,

JAMES A. SEDDON,

Secretary of War.

CAMP VANCE, BURKE COUNTY, N. C., July 13, 1864.

Honorable JAMES A. SEDDON, Secretary of War:

SIR: I have the honor to ask for information in regard the following points:

On the 28th ultimo this post was captured by the Third Regiment North Carolina Mounted Infantry (Federal), G. W. Kirk, colonel commanding, the garrison made prisoners and, with the exception of the sick and medical officers, carried off into Tennessee. The medical officers, Asst. Surg. John C. Whiting, Actg. Asst. Surg. R. H. Baker, and myself were paroled. It was the intention of the Federals to parole the sick also, but they left in such haste as to neglect to do so, and thus some seventy of the men were set at liberty. Colonel Kirk claimed to be a regular U. S. officer, carried a U. S. flag, and his men were all in Federal uniforms. I beg to know whether our paroles are to be respected, and to receive authoritative instructions from the War Office.

Very respectfully, your obedient servant,

JNO C. MERRILL,

Surgeon in Charge.

[First indorsement.]

Respectfully referred to Major Ould.

By order:

J. A. CAMPBELL,

Assistant Secretary of War.