cfi nixp Duke University Libraries D03209808U RESOLUTIONS OF THE HOUSE OF REPRESENTATIVES. Resolved, That the President be respectfully requested to inform this House — 1. Whether Chas. K. Hyde, a citizen of Augusta, County, Va., who, on the 20th day of the present mouth, was arrested in the city of Richmond, and confined in a prison known as " Casde Thunder," was BO arrested and imprisoned by the military authority of the Confede- rate States, and, if so, by what officer, and under what orders. 2. For what offence the said Chas. K. Hyde has been seized, searched and deprived of liberty; upon whose oath or affirmation he was charg- ed ; by what warrant or other process he was taken, and under what law, 3. Whether the said Chas. K. Hyde has been examined or tried for the offence charged against him, and, if so, in what Court, or before what tribunal and with what result. 4. Whether the said Chas. K. Hyde belongs to the land or naval forces of tlie Confederate States, or is liable to military duty under any law tuereof. Resolved, also. That the President he requested to communicate to this House copies of any orders or other papers relative to the case of the said Chas. K. Hyde, with a statement of any testimony taken in the case. MESSAGE OF THE PRESIDENT. m Richmond, Va., September 27 , 1862 To the House of Representatives : I herewith transmit for your information a report from the Secre- tary of War, upon the case of Charles K. Hyde, in response to your resolution of the 20th inst. JEFFERSON DAVIS. LETTER OF THE SECRETARY OF WAR. CONFEDERATK StATES OF AmERICA, ^ War Department, w > Richmond, Sept. 27, 1862. ) His Excellency Jepferson Davis, President Confederate States of America : Sir : I have the honor to return the report of Brigadier-General John H. Winder and of the Provost Marshal, in the case of Chas. K. Hyde, in response to the resolution of the House of Representatives, adopted on the 2()th instant. The order under which the arrest was made had never before been submitted to the department, and conceiv- ing it to be unauthorized, I have ordered it to be materially modified. It having been found that the establishment of agencies for the pro- curation of substitutes led to desertion and was pernicious to the dis- cipline of the array, the General commanding the department of Henrico, was authorized to forbid the practice, but it was not intended that this prohibition should be enforced by impressment and confisca- tion, and I am informed that in these particulars the order has never been executed. The facts of the case appears to be briefly as follows : Mr. Hyde was found in the act of procuring unnaturalized foreign- ers as substitutes, in express violation of a General Order of the War Department. He acknowledged the agency, and was understood as admitting that he acted as a general agent, and therefore was supposed to be violating the order of the General commanding the military de- partment. He was committed to prison, remained a few hours, was bailed, and the next day on the facts of the case being known he was released from his obligation of bail. Martial law still existing in Richmond, although the writ of habeas corpus is no longer suspended, I must request instructions as to the extent of the powers of the military commandant of the city, and whether he may suppress tippling shops, agencies for procuring substi- tutes, and other practices subversive of the discipline and efficiency of the army. Very respectfully, Your obedient servant, GEO. W. RANDOLPH, Secretary of War. REPORT OF BRIGADIER-GENERAL WINDEft. Headquarteks Department of Henrico, } Richmond, Va., Sept. 26th, 1863. ^ Hon. G. W. Randolph, Secretary of War, Richmond, Va. : Sir: I have the honor to enclose herewith the report of Major E. Griswold, Provost Marshal of this city, in the case of Chas. K. Hyde, and other papers touching the case referred to me by the War De- partment. I have the honor to be. Your obedient servant, JOHN H. WINDER, Btigndier- Genet al. » y REPORT OF MAJOR GRISWOLD. Provost Marshal's Office, September 24th, 1862, Major Page, A. A. G. : Sir : — Tn regard to the case of Charles K. Hyde, the following are the. facts : By virtue of Special Order No. 1 18, from headquarters, a copy of which I herewith return, I have given special directions to my detec- tive officers, to ferret out all such agencies as are mentioned in the or- der, and arrest the parties. Under these instructions, officer John Reese, on the 2l)th Sep- tember, observing circumstances of a suspicious nature, in the con- duct of Charles K. Hyde, (then unknown to liim by name or other- wise,) and being told he was a substitute agent, asked him the ques- tion : " are you a substitute agent ?" Hyde replied that lie was. He then asked him, " what substitutes he was procuring ?" or to that ef- fect, and two men were pointed out, Thomas Adams and James Car- ney. The officer arrested the three and brought them before me. . The above evidence was given in the examination, and with the parties Avas found the accompanying papers, niarkcd '' A" and " B," showing that Hyde was obtaining substitutes for two parties, namely : Henry J. Showalter of Augusta, in the State of Virginia, and James P. Ochlctrec, of the same place. One of the substitutes stated that he was to receive $800. This evidence' was given in the presence of Mr. Charles K. Hyde, who made no denial of th:; facts; but simply asked the privilege of seeing certain friends, which I told him he could do. It was then after busi- ness hours, on Saturday the 2(Jth. I considered the circumstances^ sufficient under tlie order, to commit Mr. Hyde for a more extendedw examination. No application was then made for bail, and I ordered his committal. On the same evening, certain friends of Mr. Hyde, applied to me at my private rooms to admit him to bail, which I did at once, on as- certaining the sufficiency of the bail, by sending an order to my Ad- jutant to admit him to bail until IMonday morning at 9 o'clock. On Monday morning, the case with all the papers, and evidence, was promptly sent before Comjnissioner Baxter for examination, ^vhose report I herewith return, and upon this report Mr. Hyde was released. The above arc the facts. I desire to add, as this case has become a matter of publicity, that I have used tho utmost vigilance, and appa- 6 vently rigid measures in these cases of substitution, not only because it Tvas my duty under the order of General Winder, but because it is notorious, that through these substitute agents, the vilest men and abandoned villians from the purlieus of our large cities, are being substituted and placed in the army, side by side with the sons and brothers of our best and most loyal citizens, who, as volunteers, have left everything, home, friends and comfort, to serve as privates in our gallant army, thus adding to the privations of camp, this wicked companionship, and greatly demoralizing the service. Besides, it is a constant practice, after the substitute has received his enormous boun- ty and divided it with the agent, to desert, and in combination with the agent, to substitute again and again, dividing their degrading spoils. No one who had any knowledge of this vile work and the ex- tent of demoralization ensuing, would arraign vigilant and prompt measures to break up the practice. In the case of Mr. Hyde, having acknowledged he was an agent, he made no pretence before me that he was not a general agent ; but, he was found in company with a drunken man, a foreigner, only 18 months in this country, one of his substitutes, who, in my presence and in the process of the examination, rudely seized from my hands the papers I was examining, and delivered them back, only when com- pelled by my officers, I ought further to say, in justice to myself, that I am informed by Judge Baxter, who examined the case, that Mr. Baldwin, the member from Virginia, who brought this case before Congress, stated to him, that my conduct to Mr. Hyde, to himself, and all the parties, was courteous and forbearing, which failed to apppear in his public re- marks on the subject. In regard to other allusions made on the floor of Congress, it is sufficient to add, that the officer making the arrest is a native Vir- ginian. Very respectfully, Your obedient servant, E. GPJSWOLD, Major and Frovost Marshal. [Extract.] Headquarters Department of Henrfco, Richmond, Fc, August 1st, 1862, Special Orders, No. 118. III. The obtaining of substitutes tbrougli the medium of agents, is strictly forbidden ; when such agents are employed, the pincipal. the substitute and the agent, will be impressed into the military service, and the money paid for the substitute, and as a reward to the agent, will be confiscated to the government. The offenders will also be sub- jected to such other punishment as may be imposed by a Court Mar- tial. * * * * * * By order of Brigadier General John H. Winder. [Signed,] J. W. PEGRAM, Assistant Adjutant General. Headquarters Department of Henrico, Richmond, Sept. 23d, 1862. Official, J. W. Pegram, A. A. General. Major E. Griswold, Provost Marshal, Richmond, Va. BRITISH CONSULATE, State of Virginia. No. 1515. I, Frederick J. CridlanJ, Her Britannic Majesty's Acting Consul for the State of Virginia, do hereby certify, that the bearer Mr. James Carney — a native of Waterford County, Ireland, — is a subject of Her Britannic Majesty, "who has never forfeited his claim to the protection of the Queen, by becoming a subject or a citizen of any Foreign State. The bearer is 40 years of age. Given under my hand and seal of office, at the City of Richmond, this 20th day of September, 1862. FRED. J. CRIDLAND, H. B. M. Acting Consul. I hereby declare, on oath, that I am not a resident of the Confede- rate States of America and am not a citizen thereof, and have never made a declaration of intention to become such. And that, to the best of my knowledge and belief, I am not subject to enrolment in the army of the Confederate States. I have not received from or paid to any agent money, and I am not a member of any company whatever. JAMES CARNEY. Sworn to before me, this 20th day of September, 1862. I do hereby certify, that I have carefully examined James Carney, and find that he is competent and able to discharge military duty. Given under my hand this 20th day of September, 1862. Post Surgf.on, P. A. C. S. Headquarters, Richmond, Sept. 20, 1862. I do hereby certify, that Henry J. Showalter, of the County of Augusta, in the State of Virginia, a member of my company before being mustered into service, having furnished an able bodied man, well clothed, in the person of James Carney, who has been accepted by me as his substitute for the Avar, he, the said Henry J. Showalter, is hereby honorably discharged from service, under the law and order regulating the same. BRITISH CONSULATE. State of Virginia. No. 1514. I, Frederick J. Cridland, Iler Britannic Majesty's Acting Consul for the State of Virginia, do hereby certify, that the bearer Mr. Thomas' Adams, — a native of Liverpool, England, — is a subject of Her Britannic Majesty, who has never forfeited his cl^im to the pro- tection of the Queen, by becoming a subject or a citizen of any Foreign State. The bearer is 38 years of age. Given under my hand and seal of office, at the City of Richmond, this 20th day of September, 1862.. FRED. J. CRIDLAND, IL B. M. Acting Consul. I hereby declare, on oath, that I am not a resident of the Confede- rate States of America and am not a citizen thereof, and have never made a declarratiou of intention to become such. And that, to the best of my knowledge and belief, I am not subject to enrolment in the army of the Confederate States. I have not received from or paid to any agent money, and I am not a member of any company whatever. THOMAS ADAMS. Sworn to before me, this 30th day of September, 1862. I do hereby certify, that I have carefully examined Thomas Adams, and find that he is competent and able to discharge military duty. Given under my hand this 20th day of September, 1862. Post Surgeon, P. A. C. S. Headquarters, Richmond, Sept. 20, 1862. I do hereby certify, that John P. Ochletree, of the County of Augusta, in the State of Virginia, a member of my company, before being mustered in service, having furnished an able-bodied man, well clothed, in the person of Thomas Adams, who has been accepted by me as his substitute for the war, he, the said John P. Ochletree, is hereby honorably discharged from service, under the law and order regulating the same. REPORT OF COMMISSIONER BAXTER, Beport on cases of Charles K. Hyde and Thomas Adams . In this case on his examination, Hyde stated he "was a citizen of Augusta and one of the Constables of that County. Pie had repeat- edly been applied to to get substitutes, and had always declined, until he was applied to by two of his neighbors, Ochletree and Showalter, to come to Richmond and procure substitutes for them, lie did so, and was to have his expenses paid, but to receive no other compensa- tion. He came to Richmond and advertised for substitutes and found two. He took them to Captain Wallace, of the Jackson Guards, who wa^ willing to receive them. While he was having the papers pre- pared, he was arrested and taken before Major (jrriswold, who committed him. John Reese stated he heard Mr. Hyde was getting substitutes, lie went to him and asked him if he was a substitute agent. Hyde re- plied he was. Reese arrested him and took him before Major Oris- wold. After they left Major Griswold's office, and were on their way to the prison, Hyde told Reese he was not a general agent, but only acting in these special cases. I understood Hyde to admit Mr. Reese's statement to be correct. Mr. Hyde proved by Captain Baldwin, Captain Walker, Mr. Hun- ter and Mr, Kenney, he was a man of honesty and fair character, a Constable of Augusta, and carefully observant of law. From the character of Mr. Hyde and his statement before me, I am satisfied he is an honest man and good citizen. That he came here to procure substitutes for two neighbors, as a matter of kindness to them, that he is not one of those men, who, for gain, are speculating on the morals and discipline of the army. I recommend he be discharged and be permitted to complete his ar- rangements as far as they are lawful. S, S. BAXTER, Commissioner. September 23, 1862. Thomas Adams was one of the substitutes engaged by C. H. Hyde. He says he is an Englishman, Avho has been in this country eighteen months. When he was before the Provost Marshal, he admits he at- tempted to snatch his- British protection from the Provost Marshal. u He appeared penitent, says he was drunk and did not know the Pro- vost Marshal was an officer. If, on examination, his officer is willing to receive hiui, ho may make a good soldier. S. S. BAXTER. September 23, 1862. pH8.5