scheme was admirably laid, and promised success and the gravest consequences - the release of the prisoners and their return to the Confederate States.

A few hours before the consummation of his plan, by some treachery, he became suspected and was arrested, which defeated the execution of his design. He is now held as a prisoner, and we are informed that he is charged with being a spy, and a trial has been awarded him by a court-martial.

Captain Cole is an escaped prisoner, and having never returned to his own country since his escape he was legitimately within the enemy's lines.

Whatever may have been his designs, he has violated no law or regulation of the enemy. On the contrary, he was popular with the officers of the boat and of the island. We think the Government should interpose for his release. On the principle by which he would be considered a spy every soldier or officer of the Federal Army within our territory can be so considered. He is a brave, true man, good officer, and every way worthy the special protection of the Government.

We hope you will do al that can be done for his protection, either in the way of exchange, or, if need be, by way of retaliation. On this subject you are a better judge than ourselves.

He has been acting in the line of duty with a courage and discretion that deserves the highest commendation.

With great respect, your obedient servants,

J. THOMPSON.

C. C. CLAY, JR.

[First indorsement.]

OCTOBER 12, 1864.

Secretary of War for attention.

Through the commissioner of exchange or otherwise, as may be indicated, let all practicable efforts be made in behalf of Mr. Cole.

JEFF'N DAVIS.

[Second indorsement.]

OCTOBER 14, 1864.

Colonel OULD:

It seems clear that this officer is not liable as a spy, but is entitled to the protection of his Government. The enterprise was a legitimate one, and the release of our prisoners could not be looked upon as other than a laudable object for a Confederate officer to essay. A magnanimous foe would respect and admire him.

Make proper representations in the case.

J. A. S.

WASHINGTON, D. C., September 23, 1864.

Major-General FOSTER, Department of the South:

GENERAL: The Secretary of War authorizes you to release and send North the five rebel officers mentioned in your letter of the 19th instant, they taking the required oath of allegiance. If, however, Captain J. B. Fitzgerald was in our army after the rebellion commenced, he will not be released.

In regard to applications for passports for person in the rebel States to come North, you will refuse all. It is useless to send them to the

55 R R - SERIES II, VOL VII