H. G. Wright to Henry W. Halleck, November 21, 1862

. HEADQUARTERS DEPARTMENT OF THE OHIO,
Cincinnati, Ohio, November 21, 1862.

Maj. Gen. H. W. HALLECK, General-in-Ohief, U. S. Army, Washington, D. C.:

GENERAL: I have the honor to acknowledge the receipt of your letter of the 18th instant, inclosing a newspaper communication from George W. Lane, of Alabama, to the honorable Secretary of War, in regard to the policy to be pursued by our military authorities in the West toward rebels not in arms, and calling attention to that adopted by General Buell in his General Orders, No. 49, toward the 1ebels in Kentucky.

You also inform me that it has been reported that I am pursuing just the reverse course, and that a committee of gentlemen from the West visited the War Department some days ago to ask my removal, on the ground that I was pursuing too milk and water a policy toward the rebels in Kentucky, one specification of the complaint being that I had revoked General Buell’s Orders, No. 49. Where the gentlemen referred to obtained their information I am at a loss to guess even, certainly not from me, or from any published order of mine. The truth of the assertion can, perhaps, be best determined by-a narrative of the facts.

On the 31st of last month I went to Louisville, and on my arrival there was shown the Orders, No. 49, of General Buell, by General Boyle, in command at Louisville, who stated that he found himself much embarrassed in carrying it out, in consequerice of the peculiar circumstances attending many of the cases coming up under it; and he asked my instructions in the matter. The whole subject was carefully considered and discussed with General Boyle, whose knowledge of the condition and the people of Kentucky gave his views much importance, in my judgment. I should here remark that while the subject was under consideration, General Boyle presented a letter from General Buell, which I had not before seen, essentially modifying Paragraph II of that order. A copy of that letter is sent herewith. The order, as explained in the subsequent letter of General Buell, needed modification, in my judgment, and it was made in a brief letter of instructions to General Boyle, dated November 1 (a copy of which is herewith), in the following par-. ticulars and for the following reasons:

Ist. Many of the recruits for the rebel army, who had been induced by false representations to join it, had repented of their course, and had actually deserted therefrom. To send such persons to Vicksburg would not only subject them to the penalty of desertion, but would be in violation of the well-established principle of military policy—to weaken the enemy by encouraging desertion from his ranks. To deliver over bona Jide deserters to the enemy would be an act unheard of in any warfare. If recognized as deserters by us, they are entitled to all the liberty compatible with our own safety. Hence the first paragraph of the instruetions to General Boyle.

2d. The second paragraph explains itself, with the remark that I have several times received instructions from Washington to release prisoners of war on their taking the oath of allegiance. Hence the latter part of the second paragraph.

3d. General Orders, No. 49, of General Buell, provides that ‘all persons who have actively aided or abetted in the invasion of Kentucky by rebel troops within the last three months will be sent to Vicksburg and forbidden to return to Kentucky,” but his subsequent letter to General Boyle so modifies or explains this as to make it, in my judgment, practically a nullity. 1 ordered that they should be arrested, proof of their guilt furnished, and, if such proof were deemed sufiicient, that they be

Cuar. XXXII} CORRESPONDENCE, ETC.—UNION. 81

sent either to Vicksburg or Camp Chase. That persons i cluded in this class should be promptly arrested I had no doubt; whether the United States should be subjected to the expense of sending them under guard to Louisville for examination and final decision depends on the proof brought against them. Again, what right had General Buell to expect that persons so arrested would be received by the rebel authorities at Vicksburg, and what propriety was there in sending men who had aided and abetted the invasion of a loyal State, and had thus been guilty of treason, back into the enemy’s lines, where they would be free to continne their treasonable practices, instead of sending them to Camp Chase, where they would be powerless to harm the Union cause? I confess to having been unable to see either the right or propriety of such a course, and hence the third paragraph of my instructions to General Boyle. ‘

The fourth paragraph was designed to cover cases which could not be brought under any general rule. They were left to his judgment, with, practically, an appeal to me; though, for obvious reasons, the right to such appeal was not stated.

I have already made this communication longer than I intended, and will, therefore, be as brief as possible in what I have yet to say.

This is the first time I have undertaken a defense of my administration of the affairs of the Department of the Ohio. 1 have given to that administration my best energies, and have restricted myself wholly to the discharge of my duties, to the best of my abilities. Whether my course has met the approval of higher authorities is for them to decide. Certainly it has been according to my best judgment. I have not attempted to please the extremes of either party. I have heard them patiently when they have seen fit to offer their counsels, and have decided for myself. Ifmy course does not meet approval, the higher authorities should either instruct me in that in which I have erred or replace:’me by some other officer better fitted to discharge the very perplexing duties of the department. I shall be content with either. I claim to have served faithfully, if not successfully, since the war began, and always in positions not of my own seeking. Till the war ends, I shall be governed by the same desire to do my best, and shall not be influenced in my course by any deputation of Western gentlemen who go to Washington to represent my policy and demand my removal without even asking what my policy was or seeking to ascertain whether their impressions were true or not.

-It may be proper to remark that Kentucky is as much under a recognized State government as Ohio; that it is as much the duty of the civil authorities there to act in cases of treason and other crimes amenable to the civil law as in Ohio, and that the civil authorities could with the same propriety protest against any usurpation of the civil rights by the military in one State as in the other. There isan abundant military force in Kentucky to aid in carrying on the adminstration of the civil government, if such aid be needed, and it is always ready to respond to the calls that may be made uponit. Thisis, I believe, fully understood and certainly no such call has been madein vain. Hither the State should be put under martial law, and thus turned over to the guardianship of the military authorities, or the rights of the government and the people should be respected. At this time the proclamation of martial law would not, in my judgment, be justified.

You will see that in administering the affairs of the department, so far as Kentucky is concerned, my position has been an embarrassing one. If I followed a rigid military policy I should necessarily interfere at every step with the recognized loyal civil authorities; if I leave all civil matters with such authorities, Iam subject to the charge of adopting “a milk and water policy,” and my removal is demanded at Wash ington.

i beg to inclose copies of communications from the commissary-general of prisoners, showing the policy adopted in Washington in regard to prisoners of war who are willing to take the oath of allegiance, and also statements of the action of Brigadier-General Boyle, under General Buell’s Orders, No. 49, as modified by me.

Very respectfully, your obedient servant,

Major-General, Commanding.
P. S.—The statements of the action of General Boyle, under General
Buell’s orders as modified, not having been yet-received here, are not
sent as stated. They will be forwarded hereafter.
{Inclosnre No. 1.]