February 26, 1864: U.S. Grant to Joseph E. Johnston

Transcript:

Head Quarters, Mil.Div. of the Miss.

Nashville Ten. Feb., 26^th 1864

Gen. J. E. Johnston,

Comd.g C. S. Forces, Northern Ga,

General,

I have learned, do not know as to the reliability of my information, that J. T. Stancil, Jesse Grear & Robt. Waits, soldiers belonging to the 3^rd West Tennessee Cavalry, U. S. Service, are now confined at Atlanta Ga. Charged with belonging to the C. S. Army.

I would state that these men have been for a long time in the Federal Army and are entitled to the same treatment as other prisoners of War. Of course I would claim no right to retaliate for the punishment of deserters who had actually been mustered into the Confederate Army and afterwards deserted and joined ours. But I cannot agree that any wholesale conscription act can cover as deserters persons who escape into our lines and join our service to avoid such conscription. Further, I would claim that persons who have been personally notified to report at a certain place by a certain time for muster, and afterward escaped to our service before obeying such summonses would be entitled to the protection of Government against trial or rather I should say punishment as deserters, if afterwards captured.

I believe General an examination into the case herein referred to will show that they have never been sworn into the Confederate Army; that their services to the Government entitles them to the protection of that Government.

Believing fully that you are disposed to be governed by the laws of war, justice and humanity, I subscribe myself,

Very respectfully,

Your obt. svt.

U. S. Grant

Maj. Gen. U. S. A.

Citation: Ulysses S. Grant (1822-1885), autograph letter to Joseph E. Johnston. Nashville, 26 February 1864. AMs 357/22