his officer to accept, in part, a proposition made by me eight months since, to exchange all prisoners of war held by either belligerent party. *

Without awaiting my reply, Mr. Ould has printed his offer, for which purpose it seems to have been made.

I am therefore driven to the same mode of placing my justification of the action of this Government in possession of the public before it reaches the Confederate commissioner.

Respectfully,

BENJ. F. BUTLER,

Major-General and Commissioner of Exchange.

HEADQUARTERS DEPARTMENT OF THE SOUTH,
Hilton Head, S. C., September 5, 1864.

Major General H. W. HALLECK,

Chief of Staff U. S. Army, Washington, D. C.:

GENERAL: I have the honor to report than at officer recently arrived from Charleston states that James Pike and Charles R. Gray, captains of scouts, and attached to Major-General Thomas' command, of General Sherman's army, are now in close confinement at the "Tower," in Charleston. They are kept on mush and water and have been told that they are under charges and are to be tried as spies. They were captured on June 5 last on or near the Hiawassee River, Southeastern Tennessee, or in the northwestern part of South Carolina. They claim to have been in our uniform and to have had arms in their hands when captured.

They state the they were sent out on special service by General Sherman, which they came near accomplishing, and ask that their names and statement be sent to him. As they were taken in their uniforms and bearing arms they are entitled to be treated as prisoners of war. I have accordingly written to General Jones on the subject, a copy of which letter I inclose. #

I am, with great respect, your obedient servant,

J. G. FOSTER,

Major-General, Commanding.

HDQRS. 2nd SEPARATE Brigadier, 8TH ARMY CORPS,
DEFENSES OF BALTIMORE,

Fort McHenry, Md., September 5, 1864.

Colonel WILLIAM HOFFMAN, Commissary-General of Prisoners:

COLONEL: In reply to a circular from your office, dated Washington, D. C., September 3, 1864, and received by me this day, directing that "all prisoners of war held in close confinement or irons will be immediately released from such confinement and placed on the footing of other prisoners of war," I have the honor to state that prisoners of war held at this post are never closely confined or held in irons, except some times temporarily for offenses committed against the regulations of the post. There are none so held or confined at present. Prisoners held at this post under charges preferred, although belonging to the rebel

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* See August [27[, 1864, p. 687.

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# See Series I, Vol. XXXV, Part II, p. 271.

49 R R-SERIES II, VOL VII