S. Phillips Lee, October 14, 1863

I have sent strong patrols from Buckhannon to Elkwater via Centreville. The enemy will, I think, go up Elk via the Glades to Cackleytown,.and it would be a waste of time and horses to go after him in Webster. The enemy charged upon my pickets night before last without meeting any success, and at 3 p. m. to-day they were found in considerable strength on Cheat Mountain. I would ie to know what they propose to do in front before undertaking anything which would diminish my command. All this activity must be to cover a real attack somewhere, or else the movement of Lee’s army to the west. We shall know in a day or two. Cackleytown or Lewisburg would be very good points to cut off Jackson.

W. M. W. AVERELL, Brigadier-General.

Fort Monrog, Va., October 14, 1863—9.10 a. m. Lieut. Col. J. A. HARDIE, Assistant Adjutant-General :

Your telegram received. General Barnes is not to blame, as he acted by my orders.

There are in Norfolk, Portsmouth, and vicinity many paupers and old persons, who are now or soon will be a burden upon the Government, but who have means of support beyond our lines. Also ee eee inimical to the Government, who now prefer to go beyond the lines, and whose influence is prejudicial to the restoration of industry and trade, and the proper feeling of loyalty. I decided that alt such persons should be sent beyond the lines as a military necessity. This isthe same course as that pursued in North Carolina, which resulted in ridding the towns held by us.of all disloyal people and white paupers, and in creating a spirit of satisfaction among the remaining ones toward their rulers. I did not consider it necessary to obtain the authority of the Secretary of War, because I suppose it to be my duty to attend to all without troubling the Secretary with matters in my department relating to the welfare of the people under military rule, and necessary to the restoration of a feeling of loyalty to the Government.

Please make my regrets to the Secretary of War that this action does not meet his sanction. Aliso present reasons for the action, and request that he approve of it, so that it may now be carried out. No persons except those described above sent as a military necessity are ever permitted to pass our lines without a special permit from the

Secretary of War. J. G. FOSTER,

Wark DEPARTMENT, . October 14, 1863—2.05 p. m. Maj. Gen. J. G. Foster, Commanding at Fort Monroe, Va.:

Your dispatch of this morning has been received. By reference to the circular of the 9th instant, you will find that It is not placed pen any military necessity in your department, but upon the request of numerous persons in Norfolk, and extends the Sriege to all persons desiring to avail themselves of that opportunity. The Department had no knowledge of the facts inducing the circular or its purposes excepting as expressed upon its face, and no proceeding could be more objectionable than its purport.

The privilege of passing persons beyond our lines into the rebel territory has never been exercised in any department before, to my knowledge, without the express authority of this Department, save only in the case of a military necessity arising so suddenly that a military commander was compelled to act without previous communication with the Department. Were the privilege confined to the persons enumerated in your telegram, to wit, ”Paupers and old persons who are now or soon will bea burden upon the Government,” there would be no objection raised; but even for such purpose and applied to such persons, the express authority of the Government ought to be obtained, if circumstances would admit of time enough to present the matter to the Government. Restricting the order to the class of persons enumerated in your telegram, namely, ” Paupers and old persons in Norfolk and Portsmouth and the vicinity, who are or soon will be a burden upon the Government,” you are authorized to place them beyond your lines. No other persons should be -allowed to pass excepting upon the express authority of this Department. A large number of applications are now pending, and persons applying for permission to go by flag-of-truce boat from Fort Monroe are, and for months have been, daily refused.

If, in your judgment, military necessity should require the removal of any other obnoxious persons, or personsof any other class than those enumerated, the convenience and facility of telegraphing will enable you to submit the matter to the Department, together with the facts, and obtain instructions. Very great evils have at different times been occasioned by the indiscriminate privilege of passing from Fort Monroe beyond our lines, or of coming within our lines at that

place, and hence so much importance is attributed to the matter. EDWIN M. STANTON, Secretary of War.

WaR DEPARTMENT, October 14, 1863—2.05 p. m.

Brigadier-General BARNES, A Commanding at Norfolk, Va. :

A dispatch received this morning from Major-General Foster assumes the responsibility of the circular of the 9th of October, bearing your name, and relieves you from any responsibility in regard to it. “While, therefore, the order itself, in the terms in which it is

ed, 1 t roved, no blame is attributed to you. meal EDWIN M. STANTON, Secretary of War.

Minnesota, October 14, 1863—a. m. Maj. Gen. J. G. Fostrer, U. 8. Army,

GENERAL: The Fahkee came in last evening, and I will send her with the inclosed* to Captain Sands, instructing him to make the reconnaissance of Smith’s Island, unless you have a good opportunity to send it. This service will be willingly rendered if you have no better means than ours, and are willing to rely on navy scouting. If you make a detail, I will instruct Captain Sands to afford desired facilities.

I have the honor to be, general, il poe