who have been personally notified to report at a certain place by a certain time, for muster, and afterwards escaped to our service before obeying such summons, 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 cases herein refered 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,
your obt. svt.
U. S. GRANT
Maj. Gen. U. S. A. Com
ALS, PPRF. O. R., II, vi, 991. On March 9, 1864, Gen. Joseph E. Johnston, Dalton, Ga., wrote to USG. "I have had the honour to receive your letter of the 26th Ulto—& on inquiry have learned that J. T. Stancel & Jesse Green, claiming to belong to the 3d West Tennessee Cavalry U. S. Service, are now confined in Atlanta. The former is charged with 'violating his parole'—probably without foundation—the latter with 'desertion to the enemy.' There can be no conviction of this offence without full proof that the accused was a confederate soldier. Robt. Waits, also charged with deserting to the enemy, has escaped. As you justly believe that I am 'disposed to be governed by the laws of War, justice & humanity' I need not assure you that no prisoner in my power will suffer contrary to those laws." ALS, OCIWHi. O. R., II, vi, 1026.
Nashville 11.30 A M Feby [26, 1864. ]
MAJ. GENL. SCHOFIELD
Your arrangements for following Longstreet will be satisfactory I do not suppose you will be able to overtake him unless it should be his desire to give battle the Great object to be gained