TITLE: The war of the rebellion: a compilation of the official records of the Union and Confederate armies. / Series 2 - Volume 1 AUTHOR: United States. War Dept., John Sheldon Moody, Calvin Duvall Cowles, Frederick Caryton Ainsworth, Robert N. Scott, Henry Martyn Lazelle, George Breckenridge Davis, Leslie J. Perry, Joseph William Kirkley PUBLISHER: Govt. Print. Off., Washington, 1894 Page A Production Note Cornell University Library produced this volume to preserve the informational content of the deteriorated original. The best available copy of the original has been used to create this digital copy. It was scanned bitonally at 600 dots per inch resolution and compressed prior to storage using ITU Group 4 compression. Conversion of this material to digital files was supported by the Andrew W. Mellon Foundation. Digital file copyright by Cornell University Library 1995. This volume has been scanned as part of The Making of America Project, a cooperative endeavor undertaken to preserve and enhance access to historical material from the nineteenth century. Page B 1~ 7 I THE GIFT OF Ac~Q~2~ Title Page Page R001 THE WAR OF THE REBELLION: A COMPILATION OF THE OFFICIAL RECORDS OF THE UNION AND CONFEDERATE ARMIES. PUBLISHED UNDER THE DIRECTION OF The Hon. DANIEL S. LAMONT, Secretary of War, BY MAd. GEORGE B. DAVIS, ii. S. A., MR. LESLIE J. PERRY, MR. JOSEPH W. KIRKLEY, Board of Publication. SERIES IlVOLUME I. WASHING TO N: GOVERNMENT PRINTING OFFICE. 1894 Page R002 Page R003 PREFACE. The work of preparing the records of the war for public use was begun under the resolution of Congress of May 19, 1864, by Adjt. Gen. E. D. Townsend, U. S. Army, who caused copies to be made of reports of battles on file in his office and steps to be taken to collect missing records. Under the provisions of joint resolution No. 91, of 1866, lion. Peter H. Watson was appointed to supervise the 1)reparation and formulate a plan for the publication of the records, but lie did no work and drew no pay under this appointment, which expired July 27, 1868, by himi- tation of the resolution. This resolution also repealed the former one and work ceased. The first decisive step taken in this work was the act of June 23, 1874, ~)rovidi11g the necessary means to enable the Secretary of War to begin the publication of the Official Ilecords of the War of the Rebellion, both of the Union and Confederate Armies, and directing him to have copied for the Public Printer all reports, letters, tehe. grams, and general orders, not heretofore copied or l)rinte(I, amid prop- erly arranged in chronological order. Appropriations have been made from time to time for continuing such preparation. Under this act the preliminary work was resumed by Geimeral Townsend, who first out- lined the plan on which the iecords are printed, though it appears that originally he contemplated publishing to the world only the more important military reports. Subsequently, un(her meager appropriations, it was h)rosecuted in a somewhat desultory manner by various subordinates of the War Department until December 14, 1877, when time Secretary of War, per- ceiving that the undertaking needed the undivided attention of a single head, (letailed Lient. Col. ilobert N. Scott, U. S. Army, to take charge of the bureau and devote himself exclusively to the work. The act of June 28, 1874, greatly enlarged upon the first crude scheme of pmiblicatioim. On this more comh)rehensive basis it was determimmed that the volumes should include not only the battle rel)orts, but also all official documents that caim be obtained by the compiler, ammd that appear to be of any historical value. Colonel Scott systematized the I Page R004 Iv PREFACE. work and the plan and presented the records in the following order of arrangement, which has been adhered to by his successors: The first series will embrace the formal reports, both Union and Confederate, of the first seizures of United States property in the Southern States, and of all mili- tary operations in the field, with the correspondence, orders, an(l returns relating specially thereto, and, as proposed, is to be accompanie(l l)y an Atlas. In this series the reports will be arranged according to the campaigns and several theaters of operations (in the chronological order of the events), and the Union reports of any event will, as a rule, be immediately followed by the Confederate accounts. The correspondence, & c., not embraced in the reports proper will fol- low (first Union and next Confederate) in chronological order. The second series will contain the correspondence, or(lers, reports, and returns, Union and Confederate, relatin,, to prisoners of war, and (so far as the military authorities were concerned) to State or political prisoners. The third series will contain the correspondence, orders, reports, and returns of the Union authorities (embracing their correspondence with the Confederate offi- cials) not relating specially to the subjects of the first and second series. It will set forth the annual and special reports of the Secretary of War, of the General- in-Chief, and of the chiefs of the several staff corps and departments; the calls for troops, and the correspondence between the National and the several State author- ities. The fourth series will exhibit the correspondence, orders, reports, and returns of the Confederate authorities, similar to that indicated for tIme Union officials, as of the third series, but exeludin,, the correspondence between the Union and (onfed- erate authorities given in that series. The first volume of the records was issued ~11 the early fall of 1880. The act approved June 113, 1880, provided for the printing and bind- ing, under direction of the Secretary of War, of 10,000 copies of a corn- l)ilation of the Official Records (Union and Confederate) of the War of the Rebellion, so far as the same may be ready for publication, during the fiscal year; and that of said miumber 7,000 copies shall be for the use of the House of Representatives, 2,000 copies for the use of the Senate, and 1,000 copies for the use of the Executive Depart- ments. Under this act Colonel Scott proceeded to publish the first five volumes of the records.* * All subsequent volumes have been distributed under the act approved August 7, 1882, which provides that: The volumes of the Official Records of the War of the Rebellion shall be dis- tributed as follows: One thonsand copies to the Executive Departments, as now provided by law. One tbousand copies for (listribution by the Secretary of War among officers of the Army and contributors to the work. Eight thousand three hundred copies shall be sent by the Secretary of War to such libraries, organiza- tions, and individuals as may be desi,,nated by the Senators, Representatives, and Delegates of the Forty-seventh Congress. Each Senator shall designate not exceed- ing twenty-six, and each Representative and Delegate not exceeding twenty-one, of such addresses, and the volumes shall be sent thereto from time to time as they are published, until the publication is completed. Senators, Representatives, and Dele- gates shall inform the Secretary of War in each case how many volumes of those heretofore published they have forwarded to such addresses. The remaining copies of the eleven thousand to be published, and all sets that may not be ordered to be distributed as provided herein, shall be sold by the Secretary of War for cost of publication with ten per cent. added thereto, and the proceeds of such sale shall b Page R005 PREFACE. V Col. Robert N. Scott died March 5, 1887, before the completion of the work, which, during a ten years service, he had come to love so dearly. At his death some twenty-six books only had been issued, but he had compiled a large amount of matter for forthcoming volumes; consequently his name as compiler was retained in all the books up to and including Vol. XXXVI, although his successors had added largely to his compilations from new material found after his demise. The Secretary of War, May 7, 1887, assigned Lient. Col. II. M. Lazelle, U. S. Army, to duty as the successor of Colonel Scott. He had continued in charge about two years, when, in the act approved March 2, 1889, it was provided That hereafter the preparation and publication of said records shall be conducted, under the Secretary of War, by a board of three persons, one of whom shall be an officer of the Army, and two civilian experts, to be appointed by the Secretary of War, the compensation of said civilian experts to be fixed by the Secretary of War. The Secretary of War appointed Maj. George 13. Davis, judge advo- cate,lii. S. Army, as the military member, and Leslie J. Perry, of Kansas, and Joseph W. Kirkley, of Maryland, as the civilian expert members of said board. The board assumed direction of the pub- lication at the commencement of the fiscal year 1889, its first work beginning with Serial No. 36 of Vol. XXIV. Each volume includes a copious and accurate index, arid for the further convenience of investigators there will be, in addition, a general index to the entire set when complete in a volume by itself. Nothing is printed in these volumes except duly authenticated contemporaneous records of the war. The scope of the boards work is to decide upon and arrange the matter to be published; to correct and verify the orthography of the papers used, aiid occasionally to add a foot-note of explanation. GEG. B. DAVIS ,MajorandJA USA, LESLIE J. PERRY, (Jirilian Expert, JOSEPH W. KIRKLEY, Civilian Expert, Board of Publication. Approved: REDFIELD PROCTOR, Secretary of War. WAR DEPARTMENT, Washington, D. 0., August 1, 1891. covered into the Treasury. If two or more sets of said volumes are ordered to the same address, the Secretary of War shall inform the Senators, Representatives, or Delegates who have designated the same, who thereupon may designate other libraries, organizations, or individuals. The Secretary of War shall report to the first session of the Forty-eighth Congress what volumes of the series heretofore published have not been furnished to such libraries, organizations, and individuals. He shall also inforni distributees at whose instance the volumes are sent Page R006 Table of Contents Page R007 CONTENTS. Page. 1. The Texas Surrender 1104 2. Earlier Captures and Arrests, and Measures of Pacification in Missouri.. 105562 3. Union Policy of Repression in Maryland 563748 4. Military Treatment of Captured and Fugitive Slaves 749822 ~. Confederate Policy of Repression in East Tennessee 823931 (vii Page R008 h 4 4 r ~ ~ u.~t.~ Sunday. euu~-~s.-. -.~. ~- ~ ~ ou~u. ~ ~ Thursday. ru~- uu~ r~au~ u~,.. ~ ~ ~ Friday. ut~- ut~ ~ uu~ uu~-~ , eau~-. ut~- u~ ~~uV: ~151~C3 -OCaQ~: ~ ~ ~~~: ou~~at1: u~~: ~ Saturday. ~ h ~ C ~ r ~uuu. ~ ~~u: ~ouc1: ~ ~ ~ ~3 oluuu. Sunday. ~ ~ ~ 1 Tuesday. uu u~-~-- t~u u-~ uu. Wednesday. __ ___ _____ I 0 __________________ ~ ~ ~ ~ ~ ~ouo~ ouo~u iliursday. uue~ ~s~-~-- u~-~- . u~s~-. uu~ o~uuu l~-1. ~-~.-1~ca. ~ ~ uca-~~.. ~ ~~KI ~~-1OC1 Friday. uu~-~ . uu~- c~u~ ~ . ~ ~ ~ ~ ~ ~ ~-~*.--1C 3. ~ ~ ~ ~ Saturday Additions and Corrections Page A001 T H F WAR OF THE REBELLION: A COMPILATION OF THE OFFICIAL HFCOBDS OF TIlE UNION AND CONFEDERATE ARMIES. TO SERIES IlVOLUME I. (Ic he irlserte(I in the volume. For~ explanation see General Index volume, Serial No. 130, page XXVIII.) PUBLISIIEI) UNI)EIi TIlE I)IEECTION OF The Hon. ELIHU ROOT, Secretary of War, BY BRIG. GEN. FRED C. AINSWOItTII, CHIEF OF TIlE RECORI) ANI) I~ENsIoN OFFICE, WAR 1)I~~1nmIEN1, A NI) MR. JOSEPh W. KILIKEFY. fUr. JOE-IN S. MOO1PEY, indexer. WA S HI N U TON: GOVERNMENT PRINTING OFFICE. 1 9 U 2 Page A002 2 ADDITIONS AND CORRECTIONS. TEXT. Page 104. General Orders, No. 34, first and second lines, for Reinhardi, Sheble, Neal, and Brannan read Rynardt, Shible, Nagell, and Brennan. Page 170. Erase foot-note Not found and insert See Vol. 3 of this series. Page 547. Johnston to Harris, date, for 29 read 27. Page 550. Eaton to Price, November 2, i86i. See Additions and Corrections, Series I, Vol. 3, p. 563. INDEX. Insert all words and figures in italics and strike out all in [brackets]. An asterisk (*) following a correction indicates that Additions and corrections to the text should he consulted. Abandoned Lands, Refugees, etc. Support, etc., of refugees, Igo, 152, ig6. Adjutant-Generals Office, U. S. A. correspondence with Wool, John F.. [68o]. Orders, Geueral, series i86g. No. Jo, log. Adjutant and Inspector Generals Office. c. S. A. correspondence with H~bert, Paul 0., 102 [103]. Allen, William (.l.Jissouri), [664, 759]. A lien, William (Ohio), 661, 759. Amory, copley, 101. Archer,Junius L. [ ]. Baiubridge, Edmund G., 101. Barnes, Myron S. [colonel]. Barron, Samuel, [104]. Benjamin, Judab P., 102 [-104]. Bliss, Zenas R., 103 [102104]. Bollman, Erick [ 1. Bomford, James V., 1c.i [102104]. Brady, Michael, 101. Bragg. Thomas [ 1. Brennan, Kvran, soj.* Bridgers, Robert N. [ ]. Burnside, Ambrose F. Mentioned, 100 [Burnside, , xoo]. Caradeuc [Dc caradine], Frank de. champion, Charles D. [B.]. clark, John (Maryland). [Mentioned, 505, 5o8, 509]. Glark, John (1st Ill. Gay.), 505, ~o8, 509. cole, F. W. [Captain]. congress, U. S. NOTEInsert entries under House of Repre- sentatives, U. S., p. 976, and Senate, U. S., p. 1021. cooper, Samuel, [102]. Crittenden, T. T. [Major]. Darker, George F., 101. Davis, George [ ]. De Russy, Lewis G. [C. A.]. Dix, John A. Mentioned, [6So]. Dortch, William T. [ ]. Edens [Edoms], Joseph P. Franchot [Franchat], Richard. Gulf Department of the (U.). Orders, General, series z86g: No. 31 101. Hogan [Hogan], John. Ha,-ris, Robert, 101. H6bert, Paul 0. correspondeiice with Adji. and Insp. Geii. s Office, c. S. A., 102 [103]. Hoffman, William. Mentioned, 102 [104]. Hovey, Charles F., 283; 1-lovey, Alvin P., [283]. Huger, Benjamin. Correspondence with I~ee, Robert F., 102. Winder, John H., log [104]. Wool, John F., 10?. Keunerly, LV clark. T~ea, Franck W. Correspondence with [Ghee]. T~ee. Robert F. Correspondence with Huger, Benjamin, 102. [Winder, John H., 103.] [Wool, Johii F.. 104.] Mentioned, [104]. Lincoln, Abraham. Lodging, etc., of political prisoners, 677. Mentioned, [102]. [McAuley, Benjamin F., 602.] McCarey, Josiah [Captain]. .lJc Corm irk, Robert, 101. McGhee [Ghee], charles M. Maryland, Legislature of. Form of oath administered to members, 68g. Mason, C. [G.] R. Memphis (Tenn.) A valanche, Editors of Correspondence with A.J. Mo rey, 511. Military conimissions. cases of Snedecor [Snedicor], James P. Willing, Henry W. Morey, A. J. Correspondence with Editors Memphis Ava- lanche, 511. [Mentioned, 544.] Myers, Julian, [104]. Nagell, Christian, 1o4* Norris, W. H., 189, 191193; Norris, William H. [489, 491493]. Patton,John (Hon.), 664, 759. Patton, John (Missouri), [664, 759]. charles M. McGhe Page A003 ADDITIONS AND CORRECTIONS. Pegram, John. Mentioned, 103 [104]. Political Prisoners. Lodging and subsistence, 677. Randolph, George W. Mentioned, 103. Reed,John H. (Maryland), 677. Reed, John H. (Missonri), Mentioned, [677]. Renwick, Robert, [6o6]. Rynardi, Gecige, ioj.5 Sanderson, J. P. [T.]. Sanderson, P. S. Correspondence with J. P. [T.] Sanderson. Shannon,J. G. [Lieutenant]. Sherman, Thomas W. Mentioned, 10/. Shible, Henry, ioj.* Skaggs, Morton [Martin] G. Smith,Jacot [J. (Maryland)], 738 [154]. Smith, Samuel A. Correspondence with Charles M. McGhee [Ghee]. Snodgrass, William N. [Doctor]. Spangler,John IV (Sergeant]. Staples, Thomas E. [Major]. Stapleton. Michael, ~ Stephens [Stevens], J. L. Sturgeon, Isaac [J.] H. 7annatt [Tannant], George F. Tate, Samuel (.l.fa7yland), [8~6]. Tate, Samuel (K. R. Official), 836. Texas. Surrender of troops and property, 25, 9, 10, 12, 26, 28, 30, 32, 31~ Texas, Department of (U.). Prisoners of war surrendered in. Exchange, etc. Communications from Adjutant and Inspector Generals Office, C. S. A., 102 [103]. Lee, Robert E., 102. Winder, John H., 103 [104]. Wool. John E., 103. Form of parole, [102]. Tobin, William C. [C.]. Tyler, Nathan L. [Major]. Van Horn, James J.. [104]. Weaver, Jsaac [J.] H. Welsh [Welch], Thomas. Wharton, Arthur D., [104]. Wilkes [Wilks], Peter S. Willey, IV. J., Jo? [Willie, Colonel, 104]. Willing, henry IV. Winder, John H. Correspondence with Huger, Benjamin, 103 [104]. [Lee, Robert E., 103.] Winder, W. 5., 103 [104]. Woodruff, William E., 103 [104]. Wool, John E. Correspondence with Adjutant-Generals Office, U. S. A., [815]. Huger, Benjamin, 103. [Lee, Robert E., 104.] Mentioned, 97103 [97104]. Vohe, Samuel. Correspondence with Charles H. Heckman, 575 [675]. Page A004 Page 1 THE TEXAS SURRENDER. SUM MA~X O1~ PHI~CIPAE EVENTS. leb. 5, 1861.The civil authorities of Texas appoint a commission to coiuler with the U. S. officer commanding that military department. 9, 1861.Bvt. Maj. Cen. David E. Twiggs, U. S. Army, ap~)oints a itmilitary commission to meet the commissioners of Texas. 16, 1861.The Texas commissioners demand the surrender of all U. S. military posts and public property in Texas. 18, 1861.B vt. Maj. Gen. David E. Twiggs, U. S. Army, commanding the Depart- ment of Texas, surrenders the military posts :111(1 public l)roperty to the authorities of Texas, under stipulations that the U. S. troops be permitted to retaimi their arms and retire unmolested. Mar. 1. 1861.Bvt. Maj. Gen. David E. T~viggs, U. S. Army, dismissed the service by order of President Buchanan. 5, 1861.All the U. S. troops in the Department of Texas ordered to the coast for transportation to New York. 26, 1861.Col. Earl Van Dorn, C. S. Army, reports his arrival in Texas for the purpose of securing the adhesion of the U. S. troops to the Con- federate cause. Apr. 11, j861.Col. Earl Van Dorn, C. S. Army, ordered to assume command in Texas and make prisoners of all U. S. troops remaining in the State who refuse to esponse the Confederate cause. 23, 1861.Col. Carlos A. Waite, U. S. Army, commanding the 1)epartment of Texas, and his staff officers made prisoners of war at San Antonio. 25, 1861.U. S. troops under Maj. Caleb C. Sibley, U. S. Army, surrender, near Indianola, as prisoners of war to Col. Earl Van 1)orn, C. S. Army, and sign a parole not to take up arias against the Confederate States nntil exchanged or released therefrom. 30, 1561.Maj. Caleb C. Sibleys detachment of l)aroled U. S. troops sail for New York. May 9, 1861.Detachment of U. S. troops under command of Bvt. Lient. Col. Isaac V. D. Reeve, U. S. Army, surrender at San Lucas Spring to Col. Earl Van Dorn, C. S. Army. 10, 1561.Col. Earl Van Dorn, C. S. Army, reports to his Government the cap- ture of the last colunma of IJ. S. troops iii Texas. Nov. 1, 1861.Beginning of negotiations for time release and exehamige of time IT. S~ officers and men surrendered in Texas. (1) 1 R RSER 11~ VOL Page 2 2 PRISONERS OF WAR, ETC. Delivery of the Forts and Public Property and Attempted Withdrawal of the U. S. Troops. UiNIOiN CORRESPOINDIEINCE. ETC. [For Reports, Correspondence, etc., between the Headquarters of the Army and General Twiggs, and other important records relating to this event, not included herein, see Series I, Vol. 1, PP. 503636.] HEADQUARTERS DEPARTMENT OF TEXAS, iSan Antonio, February 19, 18G1.* Lient. Col. L. THOMAS, Asst. Adjt. Gem, Hdqrs. of the Army, Washington, D. C. SIR: I have the honor to inclose herewith the proceedings of a mili- tary commission, constituted by virtue of Special Orders, No. 20, of this year, from this department, to meet the commissioners on the part of the State of Texas. It will be observed that the meetings of the coin- missioners were abruptly terminated by the entrance into this city, on the morning of the 16th instant (before day), of an armed body of State troops, numbering over 1,000 men, under Col. Ben. McCulloch. On that morning I received a summons requiring me to deliver up all military posts and public property held by or under your control. It is herewith, marked No. 2. 1 immediately (with Major Nichols) pro- ceeded to my office and found the troops and public property sur- rounded by the Texans. After a conversation with the commissioners, iii presence of all my staft and the officers of the post, it was agreed that the U. S. troops should march out of the city, taking with them their arms, clothing, camp and garrison equipage, and all the neces- saries for a march out of Texas. On the 17th instant I received another summons from the commis- sioners (copy herewith, marked No. 3), to which I replied under the same date, a copy of which is herewith, marked No. 4. The commis- sioners replied to this (copy herewith, No. 5), stating the conditions of the march out of Texas (see letter referred to in the proceedings of the commission) and demanding the surrender of the guns of the light batteries, a demand to which I could not accede. The commissioners were instructed to demand that the route of the troops should be by way of the coast. 1 objected to this strongly until I found that unless I yielded that point there would be immediate collision, and deeming it probable that by yielding this I could save the gnus of the light batteries, I reluctantly did so. (See my letter of the 18th instant, marked No. 6, addressed to that body.) The commissioners in reply (copy herewith, No. 7) accepted my conditions. I have to remark that whilst the commissioners were in session the State troops were in rapid march npon the city of San Antonio. General Orders, No. 5 (herewith, No. 8), will inform you of the disposition of the troops. A copy of the circular of the commissioners is also herewith, No. 9. I have the honor to be, very respectfully, your obedient servant, D. E. TWIGGS, Bvt. Maj. Gem, U. S. Army, Gomdg. the Department of Texas. *This report with its inclosures was transmitted to Washington February 26, 1861, by special messenger. See Special Orders, No. 34, p. 8 Page 3 THE TEXAS SURRENDER. 3 [liiclosore No. I.] Proceedings of a military C01fl1fl1551011 collstitute(l by virtue of the following order, viz: SPECIAL ORDERS, HEADQUARTERS DEPARTMENT OF TEXAS, No. 20. San Antonio, February 9, 1861. A military commission, to consist of Maj. David H. Viuton, qaartermaster, Maj. Saclifield Macun, paymaster, and Capt. Robert H. K. Whiteley, Ordnance Depart- ment, is hereby appointed to meet the commissioners on behalf of the convention of the people of TexasMessrs. Thomas J. Devine, Samuel A. Maverick, and P. N. Luckett at such times and places as may be agreed upon, to transact sueb business as relates to the disposition of the public property upon the demand of the State of Texas. By order of Brevet Major-General Twiggs: W. A. NICHOLS, Assistant Adjutant-General. The commission met at 4 p. m. February 9, 1861. Present: Maj. D. II. Vinton, quartermaster; Maj. S. Macun, pay- master; Capt. R. H. K. Whiteley, Ordnance Departlnent.* [FEBRUARY 16, 1861.] The military commission met pursuant to adjournment, and finding that during the past night the town of San Antonio had been invaded by armed bodies of Texans, who had seized the property belonging to the United States, it was deemed that no farther proceedings on the part of the commission would be of any avail, and they therefore respect- fully submit their ~)roceediHgs at this point for the consideration of the major-general commanding the department, and adjourned sine die. D. II. VINTON, Major and Quartermaster, SACKFIELD MACLIN, Paymaster, U. S. Army, 11. II. K. WIJITELEY, Captain of Ordnance, Military Commission. [Lndor8eloent.] HEADQUARTERS I)EPARTMENT OF TEXAS, San Antonio, February 16, 1861. Approved D. E. TWIGGS, Breret Major- General, U. S. Army. [Inclosure No. 2.] SAN ANTONIo, February 16, 18616 a. m. OFFICER IN COMMAND OF THE DEPARTMENT OF TEXAS. SIR: You are hereby required, in the name and by the authority of the people of the State of Texas, in convention assenibled, to deliver up all military posts and public property held by or under your con- trol. Respectfully, yours, & c., THOS. J. DEVINE, S. A. MAVERICK, P. N. LUCKETT, Commissioners on behalf of the Committee of Public Safety. * Proceedings of this commission omitted; for which see Series I, Vol. 1, pp. 504 510. For the order appointing the coiniuissiouers of the State of Texas and the authority therefor, see p. 25 of this volume Page 4 4 PRISONEi~S OF WAR, ETC. (Inclosure No. 3] SAN ANTONIo, February 17, 1861. Bvt. MaJ. Gen. I)AVID E. TWIGGS, Commanding Department of Texas. SAIR: In our communication of the 16th instant we required a delivery up by you of the positions held an(I public property held by or under your control as commander in this department. As no reply, save your verbal declaration (which declaration was that you gave up everything), has been given to our note, and as the undersigned are most anxious to avoid even the possibility of a collision between the Federal troops and the force acting on behalf of the State of Texas a collision which all reflecting persons desire to avoid, and the conse- quences of which no man can predictwe again demand the surrender up to the undersigned of all the posts and public property held by you or under your control in this department. Please answer immediately. We have the honor to remain, your obedient servants, TUGS. J. DEVINE, S. A. MAVERICK, P. N. LUCKETT, Commissioners on behalf of the Committee of Public Safety. [Inclosuro No. 4.] HEADQUARTERS DEPARTMENT OF TEXAS, San Antonio, February 17, 1861. Messrs. Tuos. J. DEVINE, S. A. MAVERICK, P. N. LUCKETT, Commissioners on behalf of the Convention of the People of Texas. GENTLEMEN: In reply to your communication of this date, I have to say that you are already aware of my views in regard to the delivery of the public property of this department, and I now repeat that I will direct the positions held by the Federal troops to be turned over to the authorized agents of the State of Texas, provided the troops retain their arms and clothing, camp and garrison equipage, quartermasters stores, subsistence, medical, hospital stores, and such means of trans- portation of every kind as may be necessary for an efficient and orderly movement of the troops from Texas, prepared for attack or defense against aggression from any source. Very respectfully, your obedient servant, D. E. TWIGGS, Brevet Major- General, U. S. Army, Commanding Department. [Inclosure No. 5.] SAN ANTONIO, Feb~~~~ary 17, 1861. Bvt. Maj. Gen. DAVID E. TwIGGS, U. S. Army, Commanding Department of Texas. SIR: In reply to your communication of this date, we have to say that we accept the terms therein set forth, with the conditions stated in our note of the 14th instant, viz, that the troops shall leave Texas by the way of the coast, and, upon arriving at the point or points of embarka- tion, will deliver up to the authorized agents appointed for that pur- pose all means of transportation of every kind used by them, as likewise the artillery, if any be taken. Respectfully, & c., TUGS. J. DEVINE, S. A. MAVERICK, P. N. LUCKETT, Commissioners on behalf of the ~Jommittee of Public Sa,/ety Page 5 THE TEXAS SURRENDER. 5 [Inclosure No. 6.] HEADQUARTERS DEPARTMENT OF TEXAS, San Antonio, February 18, 1861. Messrs. THos. J. I)EVINE, S. A. MAVERICK, P. I~. LUCKETT, Commissioners on behalf of the Convention of the People of Texas. GENTLEMEN: Your communication of the 17th instant, which you say is a reply to mine written yesterday, the 17th instant, was received last night. I consent to the conditions that the troops shall leave Texas by the way of the coast, with the provision expressed in my cominuni- cation of yesterday. As to the condition of surrendering the guns of the light batteries, that, you must see, would be an act which would cast a lasting disgrace upon the arms of the United States, and under i~o circumstances can I believe that the State of Texas would demand such a sacrifice at my hands, and more particularly so after I have yielded so much to meet what I deemed to be due to the State, and to avoid any unnecessary collision between the Federal and State troops. In this view of the case, I am sure you will not insist in a demand which, you mnst see, I am not at liberty to grant. Very respectfully, yon r obedient servant. D. E. TWIGGS, Brevet Major- General, U. S. Army, Commanding Department. I IIICIOMII1O No. 7.] SAN ANToNio, February 18, 1861. Bvt. Maj. Gen. DAVID E. TwIGGs, U. S. Army, Commanding Department of Texas. SIR: In reply to your communication of this date, we have to say that we accept the terms therein stated, viz, that the two batteries of light artillery, with the arms for the infantry and cavalry, shall be retained by the troops under your command; all other public property, as set forth in our previous communication, to be delivered up to agents authorized to receive it. We rein a in, res~)ectfully, your obedient servants, THOS. J. DEVIKE, P. iN. IIJCKETT, S. A. MAVERICK, Commissioners on behalf ~/ Committee on Public Safety. [Inchouiie No. 8.] GENERAL ORDERS, HE ADQITARTER5 DEPARTMENT OF TEXAS, No. 5. San Antonio, February 18, 1861. The State of Texas having demanded through its commissioners the delivery of the military posts and public property within the limits of this command, and the commanding general desiring to avoid even the ~ossibility of a collision between the Federal and State troops, the iziosts will be evacuated by their garrisons, and these will take up as soon as the necessary preparations can be made the line of march out of Texas by way of the coast, marching out with their arms (the light batteries with their guns), clothing, camp and garrison equipage, quar- terni asters stores, subsistence, medical, hospital stores, and such mean Page 6 6 PRISONERS OF WAR, ETC. of transportation of every kind as may be necessary for an efficient an(l orderly movement of the troops, prepared for attack or (lefeilse against aggressions from any source. The troops will carry with them provisions as far as the coast. By order of Brevet Major-Geiieral Twiggs: W. A. NICHOLS, A ssistant Adjutant. 6~en eral. [Inclosure No. 91 CIRCULAR.] SAN ANTONIO, February 18, 1861. The undersigned, commissioners on the part of the State of Texas, fully empowere(l to exercise the authority undertaken by them, have formally and solemnly agreed with Bvt. Maj. (len. David E. Twiggs, U. S. Army, commanding the Department of Texas, that the troops of the United States shall leave the soil of the State by the way of the coast; that they shall take with them the arms of the respective corps, including the battery of light artillery at Fort Duncan aiid the battery of the same character at Fort Brown, and shall be allowed the neces- sary means for regular and comfortable movement, provisions, tents, & c., and transportation. It is the desire of the commission that there shall be no infraction of this agreement on the part of the people of the State. It is their wish, on the contrary, that every facility shall be afforded the troops. They are our friends. They have heretofore afforded to our people all the protection in their power, and we owe them every consideration. The public property at the various posts, other than that above recited for the use of the troops, will be turned over to agents to be appointe(l by the commission, who will give due and proper receipts for the whole to the officers of tIme Army whom they relieve from the custody of the l)ublic property. TFIOS. J. DEVINE, P. N. LUCKETT, S. A. MAVERICK, Co minissioners on behalf of Co a imittee of Public Safety. SPECIAL ORDERS, ~ HEADQUARTERS DEPARTMENT OF TEXAS, No. 27. San Antonio, February 18, 1861. I. The State troops having taken possession of the city of San Antonio and the property that belonged to the Federal Government, the officers of the general staffviz, Bvt. M aj. W. A. Nichols, assistant adjutamit- general; Maj. D. H. Viimtomm, quartermaster; Capt. A. W. Reynolds, assistant quartermaster; Military Store-keeper li. M. Potter; Capt. W. B. Blair, commissary of subsistence; Surg. E. II. Abadie, Medical Department; Maj. S. Maclin, paymaster; Maj. D. McClure, paymaster; Byt. Second Lieuts. W. H. Echols and Nicolas Bowen, Topographical Engineers, and Capt. R. H. K. Wlmiteley, Ordnance Departmentwill, as soon as their several functions shall cease, proceed to Washington City, D. C., and report to the chiefs of their respective bureaus. The chief quartermaster will advance to each officer named the mileage from this place to Washington City. By order of Brevet Major-General Twiggs: W. A. NICHOLS, Assistant Adjutant- General Page 7 7 THE TEXAS SURRENDER. SPECIAL ORDERS, HEADQUARTERS DEPARTMENT OF TEXAS, No. 32. San Antonio, February 24, 1861. The commissioners on the part of the State of Texas having turned over to the Quartermasters Department twenty-six wagons and teams for the movement of the troops on the line above Fort Clark, those posts viz, Fort Bliss, Fort Quitman, Fort Davis, Fort Stockton, Fort Lancas- ter, and Camp Hudsonwill be evacuated by their garrisons in the fol- lowing manner: The most remote garrison will move first, and the gar- rison of each succeeding post two days after the passage of the command which precedes it. They will direct their march upon Jndianola, where transports will be in readiness for their embarkation. The troops will march with their arms and ammunition, the necessary clothing and camp equipage, and, as the means of transportation are limited, no extra bag- gage will be allowed. Lient. Henry W. Freedley, Third Infantry, is appointed acting assistant quartermaster of the train. Special instruc- tions will be given to him. Agents on the part of the State will be sent up to the several posts to receive the public property. By order of Col. C. A. Waite: W. A. NICHOLS, Assistant Adjutant- General. CIRCULAR.] HEADQUARTERS DEPARTMENT OF TEXAS, San Antonio, February 25, 1861. As some of the companies in the department have already evacuated their posts, deeming the requirements of General Orders, No 5, imme- diate, the department commander calls the attention of post command- ers to the condition therein expressed, viz., as soon as the necessary preparations can be made. The necessary preparations will be made at these headquarters, and no troops will be put in motion until orders for such purpose shall be issued from the department. Should, however, any of the companies within this command have left their statiomis and be found, on receipt of these instructions, on the march for the coast, they will not consider the above requirements as operative upon them, but will continue their line of march. Very respectfully, your obedient servant, W. A. NICHOLS, Assistant Adjutant- General. HEADQUARTERS DEPARTMENT OF TEXAS, San Antonio, February 26, 1861. Lieut. Col. L. THOMAS, Asst. Adjt. Gen., lid qrs. Army, New York. COLONEL: I have the honor to inclose herewith a statement of the number of troops serving in the Department of Texas, and have to request that transportation may be furnished for them from Indiammola and Brazos Santiago to such points as the lieutenant-general com- manding the Army shall direct. My arrangements are that the Third Infantry and two companies of the Second Cavalry shall embark at the Brazos, and that the remaining eight companies of the Second Cavalry, the five companies of the First Infantry, and the nine companies of the Eighth Infantry shall proceed to Indianola and take shipping at that place. * * * * * * * I am, sir, very respectfully, your obedient servant, C. A. WAITE, Colonel, U. S. Army, Commanding Department Page 8 8 PRISONERS OF WAR, ETC. Inclosore.] HEADQUARTERS DEPARTMENT OF TEXAS, San~ Antonio, February 26, 1861. ~tetement of the number of troops to be removed from the Department of Texa8, in compii~ once with General Twiggs agreement with the commis8ioner8 on the part of the State of Texas. 5. 01 aa 0) a Q ~La) 2) 0 ).) ~ S a)~ 0) 2)2 a., . cO a a ~ 220) 2) a a 0 ~. 5 0 ~ ~ 0 0 0 ~ To embark at the Brazes. Third Infantry 10 3 3 25 4 762 40 34 871 Two companies, E and G, Second Cavalry.. 2 6 121 8 6 141 Total 12 3 3 311 4 883 48 40 1,012 To embark at Indirn2oia. SecondCavalry(eightcompanies) 8 4 2 17 3 588 32 25 671 First Infantry (five companies) 5 2 2 13 4 385 20 17 443 Eighth Infantry (nine companies) ii 5 1 19 4 472 36 21 558 Total . 22 11 5 49 Ii 1,445 88 63 1,672 Grand total 34 14 8 80 15 2,328 136 103 2,684 Besides the officers aiid enlisted men included in tim above list, there is one doctor and one paymaster stationed at Fort Brown, aiid one paymaster at Fort Bliss. One ordnance sergeant is stationed at Brazos Santiago, and a hospital steward at Fort Brown. C. A. WAITE, Colonel, U. S. Army, Commanding Department. SPECIAL ORDERS, HEADQUARTERS DEPARTMENT OF TEXAS, No. 34. San Antonio, February 26, 1861. Bvt. Lient. Col. D. T. Chandler, U. S. Army, will proceed to the headqnarters of the Army and deliver the dispatches with which he is charged. He will travel with all possible haste, as it is important that the imiformation contained in the communicatioiis intrusted to his charge should reach Wasliingtomt as early as l)Ossible. On arriving in Lonisiana Colonel Chandler will comnmnnnicate with the governor of that State, and ascertain if a safe transit for the troops evacuating Texas will be afforded throngli the State of Lonisiana, with permission to pnrchase the necessary snl)plies and secnre the reqnired ineaiis of transportation. For this pnrpose lie will deliver a commn- iiication addressed to the governor of that State by the commissioners on behalf of the committee of pnblic safety of the State of Texas. After having complied with these instrnctions Colonel Chandler will return to San Antonio. By order of Col. C. A. Waite: W. A. NICHOLS, As8istant Adjutant- General Page 9 THE TEXAS SURRENDER. 9 hEADQUARTERS DEPARTMENT OF TEXAS, San Antonio, February 26, 1861. Lieut. Col. L. Tn& MAs, Asst. Adjt. (len., Headquarters of the Army, & c. COLONEL: I have the honor to report that iii compliance with Special Orders, No. 22, Adjutant-Generals Office, Washington, January 28, 1861, 1 assumed coi~imand of the Department of Texas on the 19th instant. I send herewith by Bvt. Lieut. Col. D. T. Chandler, U. S. Army, a communication, dated the 19th instant, of Brevet Major-General Twig gs, giving a full account of the forcible entry into and occupation of this city by the troops of this State, on the 16th instant, together with the proceedings of the military commission therein referred to, and the papers connected with it.* * * * * * * * I am, colonel, very respectfully, your obedient servant, C. A. WAITE, Colonel, U. S. Army, Commanding Department. SPECIAL ORDERS, HEADQUARTERS DEPARTMENT OF TEXAS, No. 36. San Antonio, February 27, 1861. Department Special Orders, No. 32, of February 24, 1861, are niodi- fled as follows: The garrisons of the posts above Fort Clarkviz, Fort Bliss, Fort Quit- man, Fort Davis, Fort Stockton, Fort Lancaster, and Camp Hudson instead of marching as therein directed, will march upon the coast as soon as the means of transportation shall be received by them. The public property at the several posts, except what is expressly mentioned in Department General Orders, No. 5, and the circular of the commissioners on behalf of committee of public safety, under date of San Antonio, February 18, 1861, will be turned over to authorized agents of the State of Texas, who will give due and proper receipts for the same. Should, however, any agent on the part of the State fail to appear or any one refuse to give the ~~ro~ei receipts, the commanding officer will call a board of survey, with instrnctions to make inventories of the property to be abandoned. (See General Orders, No. 22, of 1859, from the War Department.) By order of Col. C. A. Waite: W. A. NICHOLS, As.sista ut Adjutant- General. GENERAL ORDERS, WAR l)EPT., ADJT. GENERALS OFFICE, No. 3. llashiugton, March 1, 1861. The following order is published for the information of the Army: WAIm DEPARTMENT, March 1, 1861. By the directioa of the President of the United States, it is ordered that Brig. Gen. David E. Twiggs, major-general by brevet, be, and is hereby, dismissed ironi the Army of the United States fbr his treachery to the flag of his conntry in having siir - See report of Twiggs all(l inclosnres, p. 2, et seq Page 10 10 PRISONERS OF WAR, ETC. rendered, on the 18th of February, 1861, on the demand of the authorities of Texas, the inihtary posts and other property of the United States in his department and under his charge. .J. HOLT, Secretary of War. By order of the Secretary of War: S. COOPER, Adjutant- General. hEADQUARTERS, San Antonio Barracks, Tex., March 1, 1861. ASSISTANT ADJUTANT-GENERAL, Headquarters Department of Texas, San Antonio, Tex. SIR: Pursuant to the orders of the commander of the department, I have the honor to submit the following report of the taking possession of the public property in San Antonio ou the morning of the 16th ultimo: * * * * * * * I had ordered that our men should not leave their qnarters, but should be prepared to resist any attempt to take their arms; and between 9 and 10 oclock, wishing to relieve them from this constraint, and to avoid any chance of accidental collision, I proposed to move the command into camp at a convenient distaiice from town. The commissioners objected to this arrangement unless I would assure them that I would not move from the camp except to leave Texas by the coast. I told thenl I could give 110 snch assurance without the consent of the general commanding, as I might be otherwise ordered. After some discussion of the feasibil- ity of the plan of the troops going out by Indianola and up the Missis- sippi, with the approbation of General Twiggs, who was present, I gave the assurance asked for, and immediately issued the necessary orders for the companies to go into camp. The headquarters of the post and Eighth Infantry and band of the Eighth remain in town. As required by the colonel commanding the department the reports of Major Smith and Captain King are submitted herewith. Very respectfully, your ol)ed ien t servant, W. HOFFMAN, Lien tenant- Colonel Figh lii In/an try, (Jonim anding. [Inclosure No. I CAMP SAN l~nimo, Tnx., February 23, 1561. Lient. Col. WILLIAM HOFFMAN, Eightlt Infantry, Commanding San Antonio Barracks. COLONEL: In compliance with instructions that I should report such information as I possess on tile subject of the events which transpired in San Antonio oii the 16th instant, I have the honor to state as fob lows: For several days previous to the 16th there were many rumors of the formation of forces to take possession of the public property at the depots. They were not generally credited until the 14th, when n~ ore reliable information was received that a strong force of citizens was collecting from the counties to tile east aild northeast. This was con- firmed on the 15th, and it was generally understood that several huim- dred men would enter the city the next morning. The orders given to the guard were that they shonld not resist a large organized force bu Page 11 THE TEXAS SURRENDER. 11 to preserve the public property from depredation by individuals or any mob, as usual. The troops, consisting of Company 1 of the First and A of the Eighth Infantry, were to form at quarters and await ftirther orders in case of the approach of any considerable force. At fifteen minutes of 4 oclock on the morning of the 16th 1 received a message from the officer of the day that a large armed force was entering the city. Repairing to my company quarters, a low, one-story building, marked B on the accompanying plot,* situated in the yard nsed as a depot for ordnance, the men were formed, and ordered to remain at their quarters. I then proceeded to the Army offices in the building marked A, where officers were awaiting developments rather than orders, it being understood that no resistance would be made. A few minutes after, some eighty armed citizens took position across the street at the point C, an(l another party in the lot at 14. Returning towards my company quarters, 1 found a strong ~)arty on the street leading to the plaza, some of them ascending the stairs to the second story of the ordnance building, D. Approaching them, I was accostel by two persons, who seemed surprised at being observed. One of them was annonnced as Colonel MeCulloch. I informed him that the house on the corner was occupied by soldiers. He said he could not help that. I asked, Perhaps you will tell me what you intend to do ~ to which he replied that his force was in commanding positions, and would take possession of all the public property, after which, if anything was wanted, it would have to be asked of the commissioners, and that the persons of my men were secure, and would not be molested. During this conversation lie gave me to understand that the force on the east side of the river served to prevent my company and that of the First Infantry at F from uniting. In the meantime his people were mounting to the roof of the ordnance building, of the house adjoining omi the south, and of the Masonic Hall at 0-. About one hour after this con versation, having heard that it was intended to (lemand the arms in the hands of our men, I sought Colommel MeCulloch, amid asked him if I had understood him rightly that the persons of the soldiers would not be molested. He answered, Yes. I stated that they would consider their persons very much molested if their arms were interfered with. He replied, That is a question for the commnissiommers to determine.~~ I added that such an attempt would be followed by serious consequences, which would be painful to all concerned, and snggested that he would confer with his commissioners on that subject if he had not been instructed upoii it. He signified his intentiomi to obey their instruc- tions, whatever they might be, at any cost, and added, Some of you had better arrange this matter quickly, or my men will do it for you,~ thus intimating that they might not be controlled. Near 7 oclock Colonel McCulloch caine to me with a letter addressed to the commander of the Department of Texas. I informed him that I was not the officer, and referred him to you as commanding the post. These matters were all reported to you. At 10 oclock I particularly reported the situation of my company, in commtracted quarters, and so completely surrounded and commauded by the citizens force that no man could move without having several hun- dred guns poimited at him, at the option of that force, amid that they had been in this situation nearly six hours. You notified the department commiiander of this. It seemed to be of consequence, in yielding to the Texas commissioners, that these two companies should leave 2ie State * Omitted as unimportant Page 12 12 PRISONERS OF WAR, ETC. by the way of the coast. On this point you are better informed than I am; my knowledge of it is incomplete. I understood, however, that our troops would not be permitted to leave their quarters if this demand was not acceded to, and that it was the one measure to restore quiet. About 11 oclock the order was given to prepare to go into camp, and at 3 p. m. the two companies marched out of the city, and formed their camp at this place. I am, very respectfully, your obedient servant, LARKIN SMiTH, Major by Brevet, Captain, Eighth Infantry. llnclosure No. 2.] CAMP SAN PEDRO, TEX., March 1, 1861. Lient. Col. W. HOFFMAN, Eighth Infantry, Commanding ~an Antonio Barracks, Tex. Siu: By your order, I report to you that I was on duty as officer of the day at San Antonio Barracks on the 15th ultimo. At night the guard at the Alamo had orders not to load their muskets, and not to resist in case an armed force attempted to seize the public property. Some time before daybreak the corporal at the Alamo reported to me that the citizen troops w~ had been expecting for a day or two had arrived in the city. Our soldiers were notified of it, and the sentinels withdrawn from their posts. 1 am, sir, very espeetfully, your obedient servant, JINO. H. KING, Captain, First Infantry. SAN ANTONIO, TEx., March 2, 1861. We, the commissioners on behalf of the committee of public safety, will place at the disposal of the commanding officer of the troops in Texas such means of transportation as are at our command, to be used by said troops in transporting their baggage, provisions, forage, and other sul)Phes to such points on the coast as have been selected for embarkation. THOS. J. DEVINE, S. A. MAVERICK, P. N. LUCKETT, Commissiomwrs on belt alj. t. Committee oJ Public $afety. SPECIAL ORDERS, HEADQUARTERS DEPARTMENT OF TEXAS, No. 41. AS~an Antonio, March 5, 1861. The garrisons of the following-named posts will march for the coast, via San Antonio, as soon as they receive the requisite means of trans- portation, viz, Fort Inge, Camp Wood, Fort Mason, Camp Colorado, Fort Chadbourne, and Camp Cooper. Upon arriving at Green Lake, some twenty miles from Indianola, the troops will find a camp established, where they will remain until the transports are ready for their embarka- tion. It is desirable that sufficient provisions and forage be taken to last to that point. If the means of transportation will not permit recourse must be had to the several posts on the line of march. By cAer of Col. C. A. Waite: W. A. NICHOLS, Assistant Adjutant- General Page 13 THE TEXAS SURRENDER. 13 HEADQUARTERS DEPARTMENT OF TEXAS, San Antonio, March G, 1~W1. Lieut. Col. L. THOMAS, Asst. Adjt. Gen., Hdqrs. of the Army, Washington, D. C. COLONEL: I have the honor to acknowledge the receipt of your corn- inunications forwarded by Major Porter,* assistant adjutant-general, which were delivered to me on the 4th instant by Lieutenant Major, Second Cavalry. Major Porter was to leave Indianola on the 2d instant for Brazos Santiago. The difficulty of placing provisions at Brazos Santiago for the nse of the troops whilst awaiting the arrival of the transports, the collection of a large Texan force at Brownsville or in its vicinity, which would render a depot at that place insecure, and the small number of United States troops on the Rio Grande below Fort McIntosh, have induced me to change my arrangements so far as to have all the troops embark at Indianola. Should it, however, be deemed expedient hereafter to have a part of the troops embark at the Brazos, the transports can easily be ordered from Indianola to that point. I have, therefore, to request that all of the vessels sent out to take the troops may be directed to proceed to Indianola. Two companies of the Third Infantry (Johns and Clitzs) were ordered to Fort Brown from Ringgold Barracks to relieve the artillery, and as it is probable that they reached that post before the arrival at Brazos of the steamer Daniel Webster, I presume they embarked with the artillery. Major Porter wrote me that he would make every effort to take with me [him] the garrison of Itinggold Barracks. I am, colonel, very respectfully, your obedient servant, C. A. WAITE, Colonel, U. S. Army, Commanding Department. P. S.I beg that it may be borne in mind that I am dependent entirely on the commissioners on the part of Texas for the use of the means of transportation, which were heretofore under the control of the quartermasters department. As difficulties are daily occurring to retard our operations, and frequently to delay the march of the troops, I cannot feel that certainty of having them at the points selected for concentration at any given time that I should do if entirely independent of the commissioners and free to act agreeably to my own judgment. Very respectfully, C. A. WAITE, Colonel, U. S. Army, Commanding Department. HEADQUARTERS OF THE ARMY, Washington, March 12, 1861. Col. CARLOS A. WAITE, U. S. Army, or SENIOR OFFICER ON DUTY WITH U. S. TROOPS AT BRAZOS AND INDIANOLA, TEX. SIR: The general-in-chief directs that the troops arriving at Brazos and at Indianola, Tex., for embarkation shall I)roceed to the harbor of New York, where they will receive further orders. I am, sir, very respectfully, your obedient servant, E. D. TOWNSEND, Assistant Adjutant- General. * See Thomas to Waite, February 7, Series I, Vol. I, p. 587 Page 14 14 PRISONERS OF WAR, ETC. HEADQUARTERS DEPARTMENT OF TEXAS, San Antonio, March 12, 1861. Lient. Col. L. THo1~LAs, Headquarters of the Army, Washington, 1). 0. COLONEL: I have the honor to inform you that a communication, under date of 25th ultimo,* was received on the 8th instant from Brevet Lieutenant-Colonel Reeve, captain, Eighth Inihutry, advising me of the arrival at that post I Fort Bliss] of the four conipanies of the Eighth Infantry recently stationed in the Department of New Mexicothe last one, Company B (Brevet Lieutenant-Colonel Reeves), arriving on the 21st instant (February). Brevet Major Spragues company (E, Eighth Infantry) left Fort Bliss the 25th ultimo for Fort Davis, under Lieutenant Frank, El ghth Infantry. I am, sir, very respectfully, your obedient servant, C. A. WAITE, Colonel, U. S. Army, Commanding Department. HEADQITARTERS I)E1~AETMENT OF TEXAS, San A ntonio, March 13, 1861. Lieut. Col. L. THOMAS, Assi. Adjt. Gen., Hdqrs. of the Army, Washington, I). C. COLONEL: The want of co-operation on the part of the commissioners, who have the entire control of the means of transportation; the great distance from this place to El Paso; the uncertainty in relation to the conditiou of things at the several posts on the upper Rio Grande, especially in regard to their facilities for the transportation of baggage, supplies, & c., and the difficulties which attend the march of troops and the movement of trains at this season of the year over a large portion of the routehave caused so many delays that I was not able until yes- terday to entirely complete the arrangements necessary to bring the troops dowu from those distant posts. The three companies at El Paso will probably leave that post about the 25th of this month, and, with the four companies now at Fort Quit- man, Fort Davis, and Fort Stockton, may be expected to be at the coast and ready to embark in about corty days from that date. The last returns show the strength of the several companies to be 14 officers and about 426 enlisted men, laundresses, & c. As it is not l)ossible for the companies above mentioned to embark before the first week in May, transports for that number of troops will not be required until that time. To a certain extent the same uncertainty as to the time the troops can be assembled and ready for embarkation which prevented my stat- ing iii any of my former communications the exact time the transports would be wanted still hangs over our future movements. This arises from the confused condition of affairs in this department, the interfer- ence of the commissioners, and my having but a limited control over the means necessary to move the troops. I am now concentrating the troops at a camp established at Green Lake, some twenty miles from Indianola, the nearest point to the coast where pure water, fuel, and good grazing can easily be obtained. By my present arrangements, I think 1 shall be able to assemble by the 10th of April and Live ready for the transports some 45 officers and * Omitted Page 15 THE TEXAS SURRENDER. 15 1,300 men, aild by the 10th of May I hope to have the remainder of the troops in a position ready to embark. All the troops will embark at Indianola. I am, colonel, very respectfully, your obedient servant, C. A. WAITE, Colonel, Commanding I)e1partment. HEADQUARTERS DEPARTMENT OF TEXAS, San Antonio, March 16, iSGi. Lieut. Col. L. THOMAS, Asst. Adjt. Gen., Army Headquarters, Washington, D. C. COLONEL: I have the honor to forward herewith a copy of a letter* received from Maj. C. C. Sibley, Third Infantry, reporting the move- ments of the troops on the Rio Grande. The distance from Fort Mcin- tosh to Fort Brown is about 230 miles, and Major Sibleys command may be expected to arrive at the latter place about the 24th instant. I have not recently received any official information of the condition of affairs at Fort Brown, bnt, from the reports which have reached me, do not anticipate any difficulty with the State troops. Colonel Bonneville being out of the department, and Colonel Backus having received a leave of absence on account of his health, the com- mand of the Third Infantry will devolve on Major Sibley. I am, colonel, very respectfully, your obedient servant, C. A. WAITE, Colonel, Commanding Department. [For Reports, Orders, Correspondence, etc., relating to the surrender of Forts Brown, Chadb ourne, and Camps Cooper and Colorado, in the State of Texas, and the seizure of public fuilds sent to pay the U. S. troops, see Series I, Yol. I, p. 535 et seq.] HEADQUARTERS DEPARTMENT OF TEXAS, San Antonio, March 27, 1861. ASSISTANT ADJUTANT-GENERAL, head quarters of the Army, Washington, P. C. SIR: In case the difficnlty between the General Government and the seceding States should result in hostilities, there is reason to apprehend that an attempt may be made to prevent the embarkation of the troops and to detain them as prisoners of war. This can only be effected by their seizing and removing all lighters, preventing transports of light (lraught entering the bay at Indianola, and by cutting off our supplies of provisions, & c. To avoid an attempt of that kind, and to be prepared to meet it if made, I am concentrating the troops at the camp near Green Lake as rapidly as possible. This camp is full twenty miles from Indian- ola and is the nearest place to the coast where fresh water can be obtained. The difficulty, amounting almost to impossibility, of supply- ing the troops with water at Indianola prevents may moving them down to that place. Not a line has been received at these headquarters from See Series I, Vol. 1, p. 534, for Sibleys letter Page 16 1C PRISONERS OF WAR, ETC. the Headquarters of the Army or from the War 1)epartment since I entered U~Oll duty as the department commander, except unimportant matters, and I am inclined to believe, from inspection of the envelopes, that they have been opened, and that all important communications have been withheld. I am, sir, very respecttully, your obedient servant C. A. WAITE, Colonel, U. ~. Army, Comm ending Department. STEAMER DANiEL WEBSTER, New York Harbor, March 30, iRGi. AssISTANT ADJUTANT-GENERAL, Headquarters of the Army, Washington City. SIR: I have the honor to report my arrival to-day in this steamer with Companies M, Second Artillery, and C and F, Third Imiflmntry, Capt. XV. B. Johns comnnianding. The troops will land at Fort Hamil- ton in compliance with instructions to Major French. In obedience to the orders of the general~in~chief* I sailed the 15th of February in this steamer for Brazos Santiago, with recruits, provis- ions and medical stores for the garrisomis of Forts Taylor and Jeffer- son, Fla., and provisions for the troops to embark at Brazos Santi- ago. The recruits (sixty-two) for Fort Taylor ammd all stores for the two forts were landed on the 23d amid 25th of February. I landed at Indi- anola on the 2d of Marclm amid forwarded the dispatches in my posses- sion addressed to the commander of the Department of Texas. Omi the 3d instant, on arriving off Brazos, I availed myself of aim opportunity offered by a commissioner of the State coming on board to enter time harbor and proceed to Fort Brown, which place I arrived at that night at 12 oclock. As the garrison of Fort Dummean had not arrived nor beemi heard from, I delivered to the commander of Fort Brown the instructions for Major French, and under the authority of mimy instructions issued the annexed letters, the provisions iii which I considered essential for the comfort and speedy emubarkation of the command and the security of the public property at the post, and to suppress amy meditated desigmi or attempt at intimidation. I then proceeded to the mouth of the Rio Grande to prepare the means for a speedy embarkation. I returned to Fort Brown on the 6th instant. Major French, with three companies of artillery, arrived on the 8th, and on the 11th, the earliest practicable moment, collected the cony mand at the mouth of tlme river, whence all emnbarked on the night of the 19th instant. Brazos Santiago was occupied by Texas voluiiteers, and hence, deeming it prudent, I arranged to embark at tIme mouth of the Rio Grande, which proved of no disadvantage. The garrisons of Forts Jefferson and Taylor were re-enforced on the 24th instant by tIme companies assigned them in instructions. Assistant Surgeon LEngle, the only medical officer available at Fort Brown, relieved Surgeomm McLaren at Fort Jefferson. In a separate comiimunieation I have stated my reasons for chartering the steamer General Rusk, but I wish to add here that without her aid the troops and batteries would now, in all probability, be omm the Rio Grande. I was informed at Key West that certain parties (secessiomi- ists, some holding office) expmes~ed themaselves in strong amid bitter * For Porters instructions see Series I, Vol. 1, p. 588 Page 17 THE TEXAS SURRENDER. 17 terms to the captain of the Rusk and against the agent of the com- pany in Galveston for permitting the vessel to take re-enforcements to these forts. The Rusk was chartered with the knowledge (understand- ing) on the part of the captain and agent (E. B. Nichols, commissioner) that; a portion of the troops destined for these forts would be placed on the llusk. I make this last remark as I have heard the captain stated he was deceived in the terms of the charter. I am surprised to see in an annexed letter from Colonel Backus that the secretary of the commissioner (Mr. WaIler) was urging the surrender of the barracks at Fort Brown, GeneralNichols having assured me on the 13th instant that the secretary had instructions not to make such a demand, atid that the fort would not be asked for till the army was ready to embark. Accompanying this are copies of all correspondence connected with my mission. In testimony of the character of that portion of the army which came under my observation on the iRio Grande, I wish to state that 1 never saw a more orderly and better disposed and more easily controlled body of men, each man apparently seconding every effort and wish of the officers to sustain under trying circumstances a well-earned reputation for discipline and loyalty. A few weak men yielded to temptation and persuasions and deserted their flag for another service. Whatever character they may assume with their confederates, that borne in our service is, in every case coming to my knowledge, sustained by their acts on deserting, and carries conviction that the army alone is the gainer. I am, sir, very respectfully, your obedient servant, F. J. POJITEIR, Assistant Adjutant- General. P. S.Three days from Brazos Santiago, on the 22d instant, spoke the Star of the West, bound to that port. Three companies of the Third Infantry and two of the Second Cavalry, with Colonel Backus and Major Backus [Sibley], will probably embark upon her. [Inclosure No. 1.] FORT BROWN, TEX., March 4, 1861. Lieut. Col. E. BACKUS, Third Infan try, Commanding Ringyold Barracks, Tex. COLONEL: By authority and in the name of the general-in-chief I call upon you to act as circumstances may indicate the best for the service for the following purposes: First. To dispatch the accompanying communication to the com- mander of Fort McIntosh, and in case the garrison of that post is marching or is to march in this direction, to expedite, if necessary, the movement and arrange that they do not want for provisions, & c. Second. To hasten Major Frenchs command to this post. Third. To repair to this post, as soon as practicable, amid also dispatch here Captain Bowmans company, giving the preference to the battery, if Major Frenchs command has not passed your l)ost and a steamer be available and his progress be expedited. Fourth. To leave at your post in charge of agents appointed by you for the Government, or otherwise dispose of it according to regulations, property which will not be needed and interferes with your progress, and to bring the provisions ~n hand which will not be required for the troops above. 2 R RSER IL~ VOL Page 18 18 PRISONERS OF WAR, ETC. I wish to take from this post with the artillery two companies of infantry, and desire to re-enforce this garrison by every man that can be obtained from above. Funds to defray expenses of transportation will be furnished on arrival. I am, colonel, very respectfully, your obedient servant, F. J. PORTER, A ssistan t Adjutant- General. [Sub-iiiclosure, No. 1 .1 FORT BRoWN, TEX., March .1, 1861. Maj. C. C. SIBLEY, Th ird Inf(( n try, Commanding Fort McIntosh, Tex. SIR: Under the impression that you with the garrison of Fort MeIn- tosh may be marching in this direction or intending to march, and have received no orders from department headquarters to move toward San Antonio, in the name and by authority of the general-in-chief I call upon you to hasteii to this post. Funds to defray expenses of transportation will be supplied on arrival. If you have knowledge of th~ advance in this direction of the troops from above, I desire you to communicate and hasten their march. Provisions are not abundant here, so you must husband your supply. t ama, sir, very respectfully, your ol)e(lieIlt servant, F. J. PORTER, Assistant Adjutant- General. Sub-inclosure No. 2.1 FORT BROWN, T~x., March 4, 1861. Maj. W. H. FRENcH, (Jomdg. Battalion First Artillery, en route to Fort Dro wa, Tex. SIR: I have caused to be sent to your aid several wagons pertaining to this command, amid by authority of the general-in-chief nrge you to hasten to this post. On arrival, you will be furnished with orders for the future. If Captain Bowmans compamiy be in your rear and en route, needing aid to bring him here with expedition, I desire you to press on to him any of this transportation which can be spared. I am, sir, very respectfully, your obedient servant, F. J. PORTER, Assistant Adjutant- General. [Inclosure No. 2.1 FORT BROWN, TEx., March .1, 1861. COMMANDING OFFICER, Fort Brown, Tex. SIR: I have the honor to deliver for yonr immediate action, and for transfer to the senior with the detachment to embark on the steamer Daniel Webster, now at Brazos Santiago, the orders for the removal of the artillery from Texas, which orders indicate imifantry muay embark on the samne vessel. By the authority and in the name of the general- in-chief I call upon you to hold in readiness to embark with the artil- lery the two companies of the Third Infantry now at hand. If possible to take it another company will be ordered omi board. The security of this post, until all the troops moving here shall be ready to embark, will alone, under existing circumstances, cause this infantry, Or a portiomi of it, to be left here. For reasons of which the demand will indicat Page 19 THE TEXAS SURRENDER. 19 the necessity, especially wheu known that the steamer is not very capacious and was not chartered to carry so large a command, I have to insist: First. That beyond the batteries, arms, ammunition, & c., all supplies, public material, and company luggage be left behind, to be disposed of under future orders, or carried oft for these companies by the other troops. Second. That the men go on board with five days cooked provisions an(I canteens filled, about two days hard bread, and other parts of the ration may be supplied from the stores on board. Third. That before the troops the batteries be sent on board and as much of the luggage as possible, and when prepared the troops cm- barked as rapidly as possible. I have quartermasters funds (specie on board ship an(I deposit in New York) to defray the expenses of transportation, and will transfer them to your quartermaster as they may be required, and also leave some here on may del)artnre. I am, sir, very respectfully, your obedient servant, F. J. PORTER, A s~-uSt((nt A (ljUtWfl t- General. 1{LNGGAJLD BA1iaACKS, TEX., February 6, 1861. Maj. F. J. PORTER, Assistant Adjutant-General, Port Brown, Brownsville, Tex. MAJOR: Your letter ot March 4 reached me at daylight this morning and found me executing nearly every item of your instructions. I sent ami express to Major Sibley two days since urging him to move at once for Brownsville. I sent another express this morning with your letter, and hope it may meet him on the road. I leave forage for him at this post; he has subsistence sufficient to take him down. Major French will probably reach you before this letter he left Edimiburg this morning. Company A, Third Infamitry, leaves by land to-morrow, ammd should be at Brownsville on the 11th. The baggage goes by steamer, and, being an invalid, I shall go by the same means. I send down all the corn and flour we can spare. Major French wrote in pencil on the envelope of your letter to me something about a train coming up br my use and for Major Sibleys use. If a train comes it will be sent to meet Major Sibley and expedite his movememit. Our property is already on board the steamer Mustang, and we nee(I mio train. I am, most res~)cctfully, major, your obedient servant, V. I3ACI{US, Lieutenant- Colonel Tb ird Jifantry, Cowman ding. [Inclosure No. 4-1 ARTILLERY BATTALION, (amp at La Blanca, Tex., about Fifty Miles from Brownsville, March 6, 18611 r. m. Maj. F. J. PORTER, Assistant Adjutant- General, U. S. Army, Port Brown, Tex. MAJOR: Your comnmunication of the 4th instant reached mne in camp at 3.30 p. in. yesterday at the Tortugas, thirty-three miles from here. I ninet the wagons this niormihinig at 7.30 oclock six miles this side of Edinburg. The heat of the weather amid the lengthened muarches co Page 20 20 PRISONERS OF WAR, ETC. pelled me to take all the wagons for my command, particularly as Major Shepherd has seized three of my wagons for his own use at Dun- can, obliging me to throw out ou the road orduaiice stores to lighten my forge and battery wagons and causing unnecessary privations to my men. I will be in Brownsville ou the day after to-morrow morning. The two communications for Forts Ilinggold Barracks and McIntosh were at once seiit forward. I am, major, very respectfully, your obedient servant WM. II. FIIENCII, Brevet-Major, U. ~. Army. P. S.1 left 1)uncau at 3 p. ii. 20th ultisno. [Inclo8IIre No. 5.] FORT MCINTOSH, TEX., March 9, 1861. Maj. F. J. PORTER, Assistant Adjutant-General, Fort Brown, Tcx. MAJOR: I have the honor to acknowledge the receipt of your letter of the 4th instant, and in reply have to state that I shall commence the march with the garrison of this post at the earliest momeiit possible. Transportation cannot be iu readiness before day after to-morrow. I shall take rations for the command for thirty days. I have heard of no troops from aboveoii the march in this direction. It was rumored that the garrison of Fort Duncan were to have commenced the march several days since; doubtless on San Antonio. I am, sir, very respectfully, your obedient servant, C. C. SIBLEY, Major Third Infantry, Commanding Post. 111c1o8ur0 No. 6.] FORT BROWN, TEX., March 9, 1861. Maj. W. H. FRENCH, Comdy. Battalion First and Second Arty., Port Brown, Tex. SIR: I have the honor to inform you that the steamer Daimiel Web- ster lies off Brazos Santiago prepared, except with a supply of water, to receive your command. Water will be sent by the first steamer communicating, which will be the one taking a battery. I am directed to take on board as many infantry as the steamer can carry to Key West, and have caused to be held in readiness the two comnpanics of infantry now here. I desire these compaimies to embark with you, amid also a third company, if it arrives in time to cause no delay, unless the future commander shall require them to remain to secure this post, and the supplies needed for the troops en route to it, until all are ready to embark. The ship will necessarily be crowded for three or four days, but if the suggestions in my letter of the 4th instant to the post com- mander be carried out, much inconvenience will be avoided. I inclose a list* of supplies on board ship. Medical supplies will be required for the voyage, and a hospital steward to be left at Fort Tay- lor. I have arranged to the utmost of my power to facilitate your movements, and if I can in aiiy manner aid you in future it will be my pleasure as well as my duty. I am, sir, very respectfully, your obedient servant, F. J. PORTER, Assistant Adjutant- General. See Porter to commanding officer, Fort Brown, p. 18 Page 21 THE TEXAS SURRENDER. 21 [Inclosure No. 7.] FORT BROWN, TEx., March 9, 1861. COMMANDING OFFICER, Fort Brown, Tex. SIR: I to-day notified the commander of the artillery battalion to eiibark on the steamer Daniel Webster; that I desired, under the authority of the general-in-chief to embark with him the two compa- miles of infantry now here, and a third company, should it arrive in time to cause no delay, unless the commander of this post shall require them to secure this post, and the supplies needed for troops en route to it, until all shall be ready to embark. I do not insist upon removing these infantry companies, though I am anxious to do so, and will be much gratified to know that I can remove them without fear of a collision between the future garrison and the authorities of Texas. I am, sir, very respectfully, your obedient servant, F. J. PORTER, Assistant Adjutant- General. [Inclogure No. 8.] FORT BROWN, TEx., March 10, 1861. Capt. W. B. JOHNS, Th jrd In fan try, Corn rn anding Fort Bro icn, Tex. SIR: By order of the general-in-chief I call upon you to turn over the command of this post to the proper officer and unite your compa- nies to those which are to embark on the steamer Daniel Webster. Brevet Major French is the senior officer, to whom you will report. Lient. J. W. Alley, acting assistant quartermaster and acting assistant commissary of subsistence, will remain to turn over the property tbr which he is and may become responsible, and then be ordered to join his company. I am, sir, very respectfully, your obedient servant, F. J. PORTER, Assistant A djutant- General. [Indorsernent.] On a copy furnished Captain Stoneman was added:] Copy tor the information of Capt. George Stoneman, First [Secondj Cavalry, who will relieve Captain Johns in command of the post. By command of Lient. Gen. Winfield Scott: F. J. PORTER, Assistant Adjutant- General. [Inclosure No. ~1 HEADQUARTERS, Fort Mcintosh, Tex., March 11, 1861. Maj. F. J. PORTER, Assistant Adjutant- General, Fort Brown, Tex. MAJOR: I have to report that I shall commence my march for Fort Brown to-morrow. I was not able to move to-day in consequence of unavoidable delay in procuring the necessary transportationMexican carts. I would state that I received an express order to-day from Sari Antonio, by which Major Nichols informs me that it was the intention of the com- mander of the department to order the troops at this post and Ringgol Page 22 22 PRISONERS OF WAR, ETC. Barracks via San Patricio and Indianola, as the object no doubt is to get tile troops out of Texas with as much dispatch as possible. I shall not change my arrangements of marching on Fort Brown. I am, sir, very respectfully, your obedient servant, C. C. SIBLEY, Major Third Infantry, Commanding Post. [Loclosure No. 10.] MOUTH OF THE Rio (IRANDE, March 13, 1861. Maj. W. H. FRENCH, Corn man ding Battalion of Artillery and Infantry, Mouth of the Rio Grande, Tex. MAJOR: I contracted to-day with the agent of the Southern Steam- ship Company to transport on the steamer Rnsk to Tortngas and Key West such l)ortion of your command as cannot be embarked on the Webster. The contract I inclose, and inform you the Rusk will be at your disposal; and I desire, in the name of tile general-in-chief; that you will consider your instructions so amnemided as to authorize you to take her. I am, major, very rCs~)eCtflllIy, your obedient servant, F. J. PORTER, Assistant Adjutant- General. (inclosiire No. 11.1 MOUTH OF THE Rio (flmANDE. Marc/i 1;, 1861. Lieut. CoL E. BACKUS, Tb ird i nfantni, Commanding Fort Brown. Tex. COLONEL: A steamer will be at Brazos On Monday or Tuesday to take troops to Tortugas and Key West, and I wish Assistant Surgeon LEngle, or any other medical officer at hand, ordered, in the name of the general-in-chief, to join the command on board for duty at Fort Jefferson, Tortugas. I desire the company of infantry HOW with you to be held in readiness to embark on the same steamer, to be trans- ferred to one at Key West to sail to New York harbor. I will give you timely notice by express when it should be at Brazos Santiago. I think, however, there is little chance of its going, but I notify you that no delay may arise. I make these calls by authority of the general-in-chief. I am, colonel, very respectfully, your obedient servant, F. J. PORTER, Assistant Adjutant- General. P. S.If an hospital steward can be spared be pleased to order himim to accompany Assistant Surgeoii LEngle, to be assigned to duty at Key West. F. J. PORTER, Assistant Adjutant- General. [Inclosure No. 12.] FORT BROWN. TEX., Mareh 16, 1861. Maj. F. J. PORTER, Assistant Adjutant- General, Mont/i of the Rio Grande Tex MAJOR: The mail brought me letters* from Major Sibley, which I inclose that you may read. He will ~)robably be at Ringgold to-mor * Not found Page 23 THE TEXAS SURRENDER. 23 row, wiiere he will meet my train and forage. I send you a copy of Major Nichols letter of March 7. I presume Colonel Waite was not then aware of the orders you had issued by the authority of General Scott. Major Sibley is to come this way, as Major Vinton writes to him. I think all of the troops present should, if possible, embark at Brazos, or at the mouth of the river. Doctor LEngle will come down to.morrow I suppose. The hospital steward (Bowie) I have not found. I sent him an order to report at this office (through Captain Stoneman). I have heard from neither. On my return I found Captain Stoneman had moved his camp out of town. I suppose he will go to Green Lake if he can get there. Major Sibley may be here in eight days. I shall have no guard after Captain Bowman leaves, If the information I send you indnces any change please send me a note by expressman to-night, so as to reach me early to-morrow. I sent an express to Major Sibley yesterday. I shall know what medical officer is coining very soon. The l)rovisions I will not send down until I hear from you. Very truly, yoni-s, E. BACKUS, Lieu tenant- (Job net Tli ir(i [nfr ntry, (bmw anding. 10) copy , wal-(l, is said to P. S.I have kept of this. Bowie the 4e have deserted last night. B. B. I IEADQUA RTERS, Camp on Green Lake, Tex., A 11, 1861. Maj. W. A. NIcHoLs, Assistant Adjutant-General, Hdqrs. San Antonio, Tex. MAJOR: The Empire City will doubtless sail to-morrow morning. Major Sibley still delaying, I have ordered Captain Johnson, Second Cavalry, with the Fort Mason garrison, to i-epoi-t to Major Shepherd. He will do so to-day, and, as the weather is very favorable, the troops will almost certainly embark to-moirow. Captain Johnson will return to camp in case Major Sibley arrives this evening. There will then be left here for the Star of the West, if Captain John- sons command goesMajor Sibleys three companies, say 200 persons; Captain Grangers and Captain Wallaces companies, 141 persons; non- commissioned staff and band, First liifantry, 17 persons; Captain Jor- dans company (D), Eighth Infantry, 45 persons; my company (A), Eighth Infhntry, 52; total, 455. This numbci- may be increased ten by the detached men al!(l laun(lrcsses on the way. * * * * * * * Very respectfully, yonr obedici it servai t LAJIKIN SMITH, Nrc cet Major, (Join m anding. Memorandum of movements in Texas. Lietiteiiant Collins left Washington I~larcli 20 with the original dis- patches to Colonel Waite. Arrived at Powder Horn, Tex., at 8 a. m. March 29. Left an hour after for San Antonio, where Colonel Waite was. His dispatches were opened by Captain King, First Infantry, commanding at Indianola, and lie then l)rocee(le(l oii to San Antonio. Lieutenant Bell stai-te(l from Washingtomm March 22. Arrived at Indianola at the same time with Licuteuuant Collins, but had no co Page 24 24 PRISONERS OF WAR, ETC. munication with him. his dispatches, containing the J)ostscript added to the original addressed to Colonel Waite, were opened by Captain King and sent to Maj. Larkin Smith, at Greeii Lake. Major Smith immediately dispatched an officer with them to intercept Lieutenant Collins on his way to Colonel Waite, at San Antonio, with orders to (leliver them in person if lie missed Lieutenant Collins. Major Smith, in a letter of March 29 and in a memorandum, gives his reasons why the instructions in the dispatches could not be com- plied with, and why the embarkation of certain troops in readiness was not stopped: Unless he has organized one within a few days (three) Governor Honston nor any other execntive authority has any force in arms iii defense of the Federal Govern- ment. Should an intrenched camp be established near Indianola the troops yet to arrive, especially those to come from the remote posts, will have their supplies cut off and be subjected to oppositiou from the whole State. The only fresh water near Indianola is at Green Lake, about twenty miles oIL There are no tools, ammunition, or horses with the six companies of cavalry. Colonel Waite has promised to carry out the agreement in good faith. All l)reparatious are made to embark the companies on the steamer. If they should be delayed suspicions would arise among persons attached to the Southern Confederation on the spot; some officers and many meu wonld leave. There was an officer (late of the U. S. Army, now of the Confederate, at Indiammola) who had offered advanced ramik to United States officers who would leave, and a change of plan would have tllrne(l those inclined to waver. It may be remarked that though the loss of such individuals might be small to the Government the disorganizing effect would be dangerous. The following companies of the Second Cavalry an(1 First Infantry, under command of Captain King, First Infantry, left the wharf at Powder brim at 10 a. in. the 30th March, and at 3 p. m. had nearly embarked on the steamship Coatzcoalcos: Cavalry, six companies, di smnounted; infantry, three companiesKings, Caldwells, and Car- l)ellters; in all, about (310 officers and men. The infantry companies of Captains Caidwell and Carpenter are to be landed at Key West. The steamships (transports) Empire City and Star of the West were off the pass. The U. S. steamer Mohawk (con- voy) arrived off the pass at Indianola at 12 m. March 29 and took nn a l)osition to command the entrance. Maj. Larkin Smith remained encamped at Green Lake March 30, the only company left there. Colonel Waite writes at San Antonio, March 27: In case difficulty between the General Government and the seceding States should result in hostilities there is reason to apprehend that an attempt may be made to prevent the embarkation of the troops and to detaiu thsm as prisoners of war. This can only be effected by their seizing and removing all lighters, preventing trans- ports of light draft entering the bay at Indianola, and by cutting off our sup- plies of provisions, & c. This is the colonels reason for concentrating the troops at Green Lake. Colonel Waite reports that, besides the troops above enumer- ated, two companies Eighth Infantry and four companies Third Infan- try were on their way to Green Lake, amid that probably before the end of the month (March) four additional companies will arrive at San Antonio on their way to Green Lake.* The remainder of the com There were thirty-three companies in Texas. Seven companies would reach Green Lake by the 15th or 20th of April, as above.[Inserted in red ink by General Townsend. Page 25 THE TEXAS SURRENDER. 25 pinies in this department will reach Green Lake by the 15th or 20th April, except seven companies of the Eighth Infantry stationed at Forts Bliss, Quitman, Davis, and Stockton, which caniiot be at the coast and ready to embark before the first week in May. Lieutenant Bell states that the vessel laden with oil for the light- houses on the coast of Texas which was seized some time ago by the Texas authorities had been released and allowed to depart. CON FEDERATE CORRESPONDENCE. ETC. THE STATE OF TEXAS, County of Travis: By virtue of the authority vested in the committee of public safety, as will appear by the accompanying resolutions, adopted by the con- vention of the people of the State of Texas, by their delegates in con- vention assembled, at the city of Austin, on the 28th day of January, 1861, you, Thomas J. Devine, Samuel A. Maverick, P. N. Luckett and J. II. Rogers, are hereby appointed commissioners to visit Major- General Twiggs, commanding the Eighth l)ivision, stationed at San Antonio, and confer with him, and in the name and by the authority of the peol)le of Texas, in convention assembled, to demand, receive, and receipt for all military, medical, commissary, and ordnance stores, arms, mnnitions of war, and public moneys, & c., under his control, within the limits of the State of Texas, exercising all due discretion for the secur- ing and safe-keeping of the same, to be held by you without loss or injury, subject to the orders of the committee of public safety, aiid in obedience to the provisions of such rules as the convention may pre- scribe. Witness my hand and the order of the committee of safety. l)one at the city of Austin, this 5th day of February, 1861. JOhN C. ROBERTSON, Chairman of Committee of Public A(Qcty. Attest: THOMAS S. LUBBOC Ii. JOHN A. GREEN. Jillclosllres.] Resolved by the people of the State of Texas by delegates in convention assembled, That should the standing committee of public safety deem it essential to the public safety to appoint commissioners, officers, or per- sons, iii reference to taking possession of any of the Federal property within the limits of this State, they shall have power to appoint such and assign to them their duties, and give them instructions under which they shall act; but this power shall only extend to such cases in which the committee may deem prompt action an(l secrecy absolutely necessary. That a copy of this resolntion, signed by the presi(lent of this con- vention, and the appointment and instructions signed by the Hon. J. C. Robertson, chairman of said committee, shall be full authority to the lerson or persons acting nuder the same, and a full justification for all acts done in pursuance thereof. Done by the people of Texas, in convention assembled, by their (Ide- gates, at the city of Austin, this 2d February, A. 1). 1861. 0. M. ROBERTS, President of the Convention. Attest: JOHN A. GREEN Page 26 26 PRISONERS OF WAR, ETC. Res~lved, That Samuel A. Maverick, Thomas J. Devine, Philip N. Luckett, and James H. Rogers be appointed conimissioners to confer with General D. E. Twiggs with regard to the public arms, stores, munitions of war, & c., under his control, and belonging to the United States, with power to demand in the name of the people of the State of Texas, and that said commissioners be clothed with full power to carry into effect the powers herein delegated, and retain possession of said arms, munitions, stores, & c., subject to the order of the convention of the people of the State of Texas, and report their acts and doings iii the premises to the committee of public safety. I certify the foregoing to be a true copy of the resolution adopted by the committee of public safety on the 4th day of February, 1861. Witness my hand this 4th day of February, A. D. 1861. JOHN C. ROBERTSON, (ihairnwn of CommIttee of Public Aatetq. Attest: THOMAS S. LUBBOCK. JOHN A. GREEN. AUsTIN, TEX., February 3, 1861. [BEN. MCCULLocH:J The committee do hereby appoint you, Ben. McCulloch, military ofhcer, aud order you to hold yourself in readiness to raise meu and munitions of war whenever called ou by the commissioners of San Antonio, and to be governed as directed by the secret instructions given said commissioners concerning said command~ amid will you station yourself at the residence of Henry B. MeCulloch and await the communications of said commissioners or the committee of public safety. J. C. ROBERTSON, Chairman Committee (~/ I~ublic Mtety. COMMITTEE ROOM, A ustin, February 6, 1(561. Messrs. SAMUEL A. MAVERICK, THOMAS ~J. DEVINE, PHILIP N. LUCKETT and JAMES H. ROGERS. GENTLEMEN: The resolution of the committee of public safety, by which you were appointed, gives the outline of your authority and duty. You are sensible that the trust reposed is of the highest responsibility and involves the most delicate and important duties. In the discharge of that trust you will be governed by the following instructions: First. You will repair immediately to San Antonio, the headquarters of General Twiggs, in command of this department. You will ascertain from him his sentiments in regard to the existing state of affairs and time position he intends to occupy in reference to tIme withdrawal of Texas from the Federal Union. If he infornis you that he intends to remain in the service of the Federal Government and execute its orders against Texas no further friendly conference with him will be desira- ble, and you will be governed in your conduct as hereinafter instructed. But if, on the other hand, he should express a determination not to remain in the service of the Federal Government after the 4th of March next, themi Second. You will learim from him the terms amid conditions upon which he will render up to the people of Texas time arms and publi Page 27 THE TEXAS SURRENDER. 27 property under his control in Texas or, if lie should suggest to you a plan for the peaceable accomplishment of that object you are directed to adopt aud observe such suggestion, if deemed by you practicable, and act in accordance with it. If, however, he should decline sug- gesting any plan of action you will then Third. Demand of him, in the name and by the authority of the sovereign people of the State of Texas, a surrender of all the arms of every description, including quartermasters, conimissary, ordnance, and medical stores, and military stores of every description, and moiiey and everything else under his control, belonging to the Federal Govern- mnent. Fourth. Should a display of force become necessary in order to make the demand, you will direct Col. Ben. MeCuhloch to (all out and take the command of such force of the volunteer and minute men of the State as will be necessary for that purpose, and themi repeat the demand; and then, if the demand should be complied with, you will take charge of everything turned over to you, taking a complete inventory and executing all necessary receipts. You will do everything in your power to avoid any collision with the Federal troops and to effect the l)eace- able accomplishment of your mission, and for this purpose he shall obey your instructions. Fifth. If General Twiggs should indicate a desire not to turn over to you such military stores, arms, and other public property until after the 2d of March next, but a readiness to do so then, you will then enter into an arrangement to the effect that everything under his command shall remain in statu quo until that period; that no movement, change of position, or concentration of the troops nuder his command will be allowed; that none of the arms, ordnance, commissary, or military stores or other property shall be removed or disposed of. If he refuses to make such arrangements you will see that no such movement, change, concentration, or removal shall take place, and you are author- ized to use every means to prevent the same. Sixth. If after conferring with General Twiggs you should be of opinion that military force is necessary you will immediately proceed to assemble the same and communicate by express to this committee. Should the property be turned over to you, you will employ all the necessary clerks and other persons to take charge of the same. You will raise a military force of volunteers or minute men to guard the same safely while it shall be controlled by you. You are instructed to take the most special care that nothing shall be wasted or destroyed, but that everything be faithfully guarded and held for the use of the State and to be accounted for. Whatever military force that shall be raised must be kept in strict subordination, an(L no violation of person or property of any person must, under any circumstances, be allowed. If after your arrival at San Antonio circumstances shall occur which ~mre not covered by the foregoing instructions you will immediately report to the committee for further orders unless th so as ey be urgent not to t(hnit of delay, in which event you must use your discretion, but immediately report your course of action. You will take all pains to ascertain the tone and teumper of the officers and men of the Federal Army, and may give them the assurance of the influence of Texas in securing to them the same or higher grades in the service of the South- ern Confederacy as those now held by them, if they are inclined to accept the same. Take every pains to conciliate them amid attach them in sentiment to the cause of Texas and the South. You will avoid every appearance of muaking a proposal to General Twiggs or ammy othe Page 28 28 PRISONERS OF WAR, ETC. officer under his command which would wound a soldiers pride and honor. They should, however, be reminded that they have been sta- tioned in Texas for the protection and not the subjugation of her people, and that patriotism is incompatible with warring against the liberties of their fellow-citizens. You are specially charged, in the performance of the service assigned you, that you will do nothing that will conflict with the powers herein conferred. You will, from time to time, make full and complete reports to this committee. J. C. ROBERTSON, Chairman Committee of Public Safety. SAN ANToNIO, February 8, 1861. J. C. ROBERTSON, Esq., Chairman Committee of Public Safety: The undersigned, in accordance with their instructions, called on General 1). E. Twiggs, and by his request met him at 2 oclock this afternoon, and in presence of Major Nichols we stated our mission and presented our credentials (which General Twiggs did not ask or evince the slightest desire to have read to him, or even to look at), and carried out our interview in accordance with the letter and spirit of our instruc- tions as nearly as practicable. General Twiggs expressed himself strongly iu favor of Southern rights, and caused copies of his letters to the War Department to be read to the committee, in which he asserts that he will not be instrumental in bringing on civil war, and a great deal more in that line, which may ineami something or nothing, according to circumstances, and he very significantly asserted that we had not seceded. He expressed a wil- liiigness to keep everything under his command as it now is until the 2d ot March next, and would give us information if he should be super- seded; and in the eveiit of the State being in favor of secession would, omi demand made by the convention, deliver all up, but expressed a fixed determination to march the troops under his command out with all their arms, transportation facilities, and extra clothing to be (lelivered to them, & c. The undersigned, after considerable conversation on the subject of their mission, retired for consultation, and being desirous of avoiding, if possible, the necessity for collecting a force around the city for the purpose ot compelling a delivery, Mr. Maverick was deputed to obtain from the general a statement in writing of what lie was willing to do, in the hope that it would, underour instructions, be admissible. He refused to make any statement or give any pledge in writimig. Upon ascertaining this fact we determined to send an express without delay to Col. Ben. MeCulloch to bring as large a force as he may deem necessary, and as soon as possible, to San Antonio. The substance of General Twio-gs conversation or verbal offer was this: That he will hold things as they are, and will, if in command on the 2d of March next, deliver to the commissioners all the public prop- erty that is not desirable or convenient for him to carry away ou or after that time. He professed great admiration for the manhood, sol- (liership, and patriotism of General Scott, and is evidently inclined to mutate him in the present crisis 1mm many respects. He is, 110 doubt, a good Southern man as fhr as hatred to black Republicanism can make a man such. There is, however, a higher eleIllent than hatred Page 29 THE TEXAS SURRENDER. 29 We do not know to what extent that element prevails with General Twiggs, but we are of opinion that General Twiggs will not permit it to interfere with what he believes to be dne to himself. He spoke, during the interview, of his feeble health; of his having received an offer from Georgia for a command in that State, and of his having refused it on the gronnd of ill health. He referred to the great expendi- ture of the army, exclusive of the pay of the troops; said it is more than a million and a half, and inquired where Texas could obtain means to meet that outlay, which she would lose by seceding. These and other remarks on the question by him forced a somewhat unwilling conviction on the minds of the undersigned that he was decidedly averse to the secession of Texas. He mentioned the omission of Captain Ross to do full justice to Sergeant Spangler, and the omission of Governor Houston to give credit to Major Van Dorn for his success in the Comanche fight, and remarked that these were indications of the temper of Texas toward the officers and men of the army. The con- clusion we have arrived at is this: that we must obtain possession of that which now belongs to Texas of right, by force, or such a display of force as will compel a compliance with our demands, and that without an hours nnnecessary delay. In all these movements, celerity, secrecy, and strength should be our motto. If there are any men to spare on or imear the Colorado we think it would be well for them, in as large numbers amid as speedily as possible, to move toward the city to support, if necessary, Colonel McCulhochs movements. Whatever is to be done up North it is well should be done speedily. You had better inquire of Messrs. Hall and Hyde, of the Legislature, the condition of Forts Bliss and Quitman, as the men and munitions in those forts could be moved without delay to New Mexico, giving to the Federal Government at Washington a large body of troops to hold that coumitry against the Southern movement, and thus build up a free State to injure and annoy us in the not very remote future. By referring to the inclosed order* you will perceive General Twiggs is preparing for a move. We are decidedly of the opinion, for the reasons set forth with refer. ence to New Mexico, that it will be unwise to permit a single company of U. S. troops to march from any portiomi of Texas into New Mexico. If the officers are determined to carry them to aid Lincolns govern- ment let them go by the way of the coast, or we can disband them, if we so decide. We repeat it, we must not let a single company from Fort Bliss to Fort Browim leave the State by the Kamisas, New Mexico, or any other route save the coast. The captain commanding tIme ordnance department at this point is not friendly to our cause. He is said to be in possession of about $40,000 for the construction of the U. S. arsenal. What do you suggest respecting his being compelled to deliver it up, if in his possession, and what course do you suggest in the premnises ~ We would like to have any suggestions or instructions you may consider necessary. We would adhere to them if circumstances demanded itif in our power, if not, we will do what the emergencies of the hour demand, doing wlm~t we believe to be our duty and leaving the consequences to God. In haste, we remain yours, & c., THOMAS J. DEVINE. S. A. MAVERICK. P. N. LUCKETT. ~ See circular of February ~, Series I, Vol I, p. 587 Page 30 30 PRISONERS OF WAR, ETC. SAN ANTONIO, BExAR COUNTY, Febr~~~ry 8, 1861. Col. BEN. MUCULLOCH. SIR: The undersigned, by virtue of the powers vested in them by the committee of public safety, do hereby authorize and direct you, in the name and by the authority of the State of Texas, to call out and select such numbers of the volunteer force or minute men as you may deem necessary for securing and protecting the public property of San Antonio. Upon the assembliiig of the force you will proceed without delay to San Aiitonio and report to the undersigned when you arrive in the vicinity of the city. THOS. J. DEVINE, SAM. A. MAVERICK, P. N. LUCKETT, Comm i~nioncrs of Committee of Public Safety. FEBRUARY 9, 1861. Col. BEN. MCCULLOCH. SIR: Having received information that the commissioners, Samuel A. Maverick and others, sent to San Antonio to confer with General Twiggs, have under their instructions called you into the field, the committee have resolved to confer upon you the military commission of colonel of cavalry, to date as of the 3d instant, in the district embrac- ing a point on the Rio Grande half-way between Forts Duncan and McIntosh, and with the frontier to Fort Chadbourne, including San Antonio and all intermediate posts. And in addition to the instructions given to the commissioners here- tofore (with whom you are advised freely to coufer on all subjects of interest as far as possible) you are instructed that should it be deemed advisable to retain any portiomi or all of the Federal troops in your dis- trict in the temporary service of the State, you can (10 50, and assure them that Texas will use her best endeavors with the Southern Confed- eracy to be formed to have them incorporated into the army of said Confederacy with the same rank now held by them. In case any or all of theni should express a desire to depart from the country peaceably, you may permit them so to do upon such terms as will not dishonor them and as will insure the public safety, and in such manner as will insure safety to their persons and property. The committee also desire that the commissioners will, under the powers heretofore given them, furnish such aid amid assistance as may be deemed necessary In all other matters not contained in these or the previous instructions, you will observe your best judgment and discretion in any emergency which may present itself. Any informna- tion that you may desire to give to the committee will be expressed to John C. Robertson, Galveston, Tex. JOHN C. ROBERTSON, Chairman Committee of Public & ~fety. Attest. R. T. BROWNImLGG, Secretary to Committee. SAN ANTONIO, February 10, 1861. JOHN C. ROBERTSON, Chairman Committee of Public Safety. I)EAR SIR: We have nothimig to communicate since onr letter of the 8th, unless it be the receipt of a commuiiication from Colonel McCuhloc Page 31 THE TEXAS SURRENDER. 31 informing the undersigned of his having received our communication and that he expected to be at or near Seguin on the 13th or 14th with whatever force he could raise. After dispatching our communication to you we determined, if possi- ble, to prevent the necessity of resorting to a display of force around this city, and with that object in view we again communicated with General Twiggs in writing, requesting from him a written statement of what he was willing to do. The answer to this was an order to Major Vinton, Major Macun, and Captain Whiteley to confer with the undersigned to transact such business as relates to the disposition of public property. On the receipt of this communication, on the morning of the 9th, we replied that we would meet the military commission at 12 oclock that day, at such place as they might designate, and, if that hour did not suit their convenience, then at such time and place as they might designate that afternoon. The answer expressed a desire to meet the committee at General Twiggs, at 10 a. in. on the 11th. We will to-morrow present our request in writing, and the answer will enable the committee to judge with a reasonable certainty whether the whole proceeding is not intended for delay, until Gemmeral Twiggs can call in sev- eral companies from the outposts and the additional re-enforcements of several soldiers en route with a provision train from the coast for Arizona. Upon one point General Twiggs is fixed and ap~)arently unalterablethat is, that the troops in Texas under his command shall retain all their arms, with the means to carry them out of the State. What do you think of thatl Please give the views of the committee on this and every other subject connected with our mission as fully and speedily as possible. We again repeat that it is not desirable that a singlecompany of U. S.troops shallmove to New Mexico orArizona. If the troops of the Northern Government concentrates in either of those Territories, we believe, from their peculiar position, that it will fix their status as free soil Territories, and leave us a nest of hornets to deal with in the future. We will require means for the subsistence of the troops that may be called out by General MeCulloch or from this city and vicinity. We desire some information on this point, as your committee must be aware that the readiness with which the necessary expenses are met in the commencement may have a salutary influence inmanyrespects upon our cause in the future. If there is any action had or information obtained respecting the Northern posts it might be desirable that we should be put in posses- sion of such information, as it may influence our action materially. Very respectfully, THOS. J. DEVINE. S. A. MAVERICK. P. N. LUUKETT. AusTIN, TEX., Febra cry 12, iSGi. TilozuAs J. DEVINE, S. A. MAVERICK, P. N. LUCKETT, Commissioners. GENTLEMEN: Your letter bearing date of the 10th instant to me has I)eeII received. In view of the committees departure this afternoon for Galveston they cannot be got together, even if it were necessary. The result of the action of the committee on the subjects contained in this communication I think is full, and hope will meet your views Page 32 32 PRISONERS OF WAR, ETC. The committee do not desire to dishonor the Army by requiring any- thing of them which would seem to do so. If you have to resort to force (actual), and are successful, then we suppose of course they would be vanquished and submit to your terms; but if you treat with them as gentlemen, as equals, of course we would not desire anything dis- honorable to be yielded by them. But this is mere sneculation on may part. The instructions, we think, will meet with your views; if miot, you have a large discretion. As to whether they should be permitted to go out into Arizona and New Mexico, the committee have very wisely left that matter discre- tionary with you. It is the opinion, however, of some of tbc committee that it can make but little difference in which (hirection they leave the country. It is suggested that they might land below the mouth of the Rio Grande and travel up into Arizona and New Mexico; beside, if it is the policy of the United States of the North to coiicentrate a force in those Territories, we could not prevent it by requiring these to go by way of the coast. It is a matter of some importance to know how they could subsist in those Territories at this time. The productions of those Territories could not subsist them a week without ruin to the few who are there. Many of the commuittee do not think General Twiggs would be so recklessly regardless of his native South as to inaugurate a guerrilla warfhre upon her border. But, gentlemen, you are in the midst of the circumstances, and can best judge of what to do. Relying upoim your wisdom and prudence, we leave it with you. We will start to-day for Galveston, where we hope to get some money, and if successful we will promptly express a part to you. In behalf of the committee I assure you of our sincere desire for your success in your patriotic enterprise, and of our personal regard for each of you. A I have the honor to reniain, your obedient servant, JOHN C. ROBERTSON, Chairman Committee of Public Safety. SAN ANTONIO, February 18, 1861. Hon. J. C. ROBERTSON, Chairman of Committee of Public Safety. SIR: We have at last completed the principal part of the business confided to our management. In our communication of the 8th instant we informed you that we had called in the aid of the volunteer force under Col. Ben. MeCulloch. He arrived on the Salado, five miles from this city, on the evening or night of the 16th imistant, with about 500 men, and marched into town about 4 a. in. with about one-half of his force, when he was joined by about 150 K. G. C.s, and about the same number of citizens who were not members of the order, and about the same number from the Medina, A tascosa, and the country west of this city. At 5 oclock the men were in positions around the arsenal, the ordnance, the Alamno, and the quarters in the comnmissary buildings occupied by one company of the Federal troops, and at the same time the tops of the buildings commanding the arsenal and ordnance ground were occupied. We, in accordance with our instructions, repeated the demand, and after consi(herable delay came to an arrangement with General Twiggs, the substance of which was that th3 U. S. troops ~i1 San Antonio, 160 in number, should surrender up the l)ositioml held by them, and that al Page 33 THE TEXAS SURRENDER. 33 public property nuder the command of the officer in San Antonio to be delivered over to the undersigned, the troops to retain their side arias, camp and garrison equipage, and the facilities for transportation to the coast, to be delivered on thcir arrival at the coast. This morning we effected an arrangement with General Twiggs by which it is agreed that all forts in Texas shall forthwith be delivered up, the troops to march from Texas by way of the coast, the cavalry and infantry to retain their arms, the artillery companies being allowed to retain two batteries of light artillery of four guns each, the neces- sary means of transportation and subsistence to be allowed the troops oiu their march toward the coast, all public property to be delivered up. We might possibly have retained the guns at Fort Duncan by a display of force, which display of force would have cost the State eight tilijes the value of the batteries of light artillery. Your instructions, however, counseled avoiding collision with the Federal troops if it could be avoided, General Twiggs having repeatedly asserted in the presence of the military commission and ourselves that he would die before he would permit his men to be disgraced by a surrender ot their arms; that the men under his command had never been dishon- ore(1 or disgraced, and they never should, if he could help it. By this arrangement at least *1,300,000 of property will belong to the State, the greater portion of which would be otherwise destroyed or squarAered. By this arrangement we are freed, without bloodshed or trouble, from the presence of the Federal troops. They cannot go to New Mexico or Kansas to lix freesoilismn on the one, or to be the nucleus of a Northern army on the other, to menace our frontier iii the future. The labor performed by the undersigned in the business undertaken by them has been neither light nor pleasant. We have adhered to the letter and the spirit of our iuistructions, and exercised our discretion only whemi it became absolutely necessary. We had some anxious hours resting upon us from the time the volunteer force commenced closing around the city until after the surrender of the posts held by the U. S. troops. Our force must have been, at 8 a. in., not less than 1,100 mcii under arms; and a more respectable looking or orderly body of men than the volunteer force it would not be easy to find. We have taken measures to secure the public property, and have authorized Maj. Sacklield Maclin, paymaster, U. S. Army, and who, as you will perceive by the army list, stands high upon the same, to act as adjutant and inspector general and chief of ordnance, combining the business of three departments in one. This economizes expense and gives the State for the present the services of a man competent to the duties assigned him, cal)able of preventing the confusion and conse- quent loss that would fall upon the State by the appointment of an incompetent person. Major Machim is a true Southern man; he resigns his commission in the Federal Army, giving up an income from that (iovernmnent of nearly *4,000 per annum. We address him as col- onel, for the purpose of giving him an honorable stand in his expecta- tions or claims upon the Southern Coiifederacy in some future military appointment. His appointment by the undersigned lasts until set aside by you or the conventions order. Please let us know whether you approve of this action. Captain Reynolds has been acting as assistant quartermaster at Sami Ammtonio. He will resign his commission as captain in the U. S. Army. We have, for the same reasons set forth in Major Maclins case, 3 R RSER II, VOL Page 34 34 PRISONERS OF WAR, ETC. appointed him chief quartermaster, and have combined with the former duties the labor of the commissary department, which has heretofore had a first and second assistant commissary. We have likewise con- solidated with his duties the office of military storekeeper, narrowing down the expense as much as possible. A building rented by the United States Government as a commissary department, soldiers quar- ters, general staff, & c., we have determimmed to release the State fromii any liability for, as the commissary stores can be stored iii the Alamo bnildings; said buildings rent for $6,000 a year. Jn furnishing the U. S. troops transportation facilities, the officers representing the State will be busily employed for some time. When we can obtain a breathing spell we will go into further details. We will select agents to give receipts amid hold the public property left at the posts until otherwise directed. We remain, respectfully, & e., THOMAS J. DEVINE, S. A. MAVERICK, P. N. LUCKETT, Commissioners on. behalf of the Co nunittee of Public & ifety. 1IEAI)QITARTERS MIDDLE DIVISION, STATE FORCES, ~au Antonio, Tex., [February 18, 1861]. Hon. J. C. ROBERTSON, Chairman of Committee of Public & tfety. SIR: On the receipt of the order of the commissioners calling on me to raise men for the purpose of securing the property, arms, & c., of the United States at San Antonio, imumne(liately I proceeded to take such steps to collect such a force as would be sufficient to accomplish the l)urpose. To Texaims a moments notice is sufficient when their State demands their services. On the night of the 15th instant, by 12 oclock, a force of near 400 men from the adjacent counties had assembled on tlme Salado. At 3 a. m. 16th we took up the line of march for the city. At 4 oclock, when near the suburbs, ninety men were ordered to dismount and enter the city on foot, when I posted them in such positions as commanded those occupied by the Federal troops. The main body came in on horseback. At daylight several volunteer companies of San Almtonio turned out promptly and co-operated with us to aid the State. Orders were given to the troops under my command not to fire until fired upon. In a very short time it was ascertained that no resistance would be offered. The Federal troops were requested to keep within their quarters ummtil the commissioners should agree upon the terms by which the armus and other property of ~he Federal Government should be surrendered to the State. This was decided by the commissioners and General Twiggs before 12 m. Wherefore I instantly informed the forces under my com- mand of the fact, and of there beimmg no necessity for their remaining away from their plows and other peaceful avocations. They left immime- diately for their homes, conscious of having rendered service to theit State and giving offense to no one save her enemnies. To make distinctions where all acted so nobly would be as unwise as unjust; but I cannot refrain fromn expressing my thanks to all for their gallant and prompt response to the call of their State and my admiration for their orderly conduct whilst we held the city Page 35 THE TEXAS SURRENDER. 35 Having performed the (luty assigned me by the inclosed order,* I now report myself ready to perform such service as shall be assigned me by your committee or the commissioners appointed by you. The commissioners have very kindly relieved me from many duties com- mon to officers commanding, it being my duty only to organize and command such forces as may be necessary to secure and guard the pub- lic property in my division in charge of persons appointed by the commissioners to receive the same from the Federal officers. I have this day appointed W. T. Meckling my assistant adjutant-general, with the rank of captain. BEN. MuCULLOCH, Colonel, Commanding. NEW ORLEANS, February 25, 1861. His Excellency JEFF. DAVIS: We have reliable information that the U. S. troops from Texas are to pass through this city. Shall they be allowed to land? A large number of the officers and men can probably be secured for your service. Please advise me on the subject. General Twiggs was ordered to turn over the command to Colonel Waite, a Northern man, but preferred surrendering to Texas. BRAXTON BRAGG, Major-General, Commanding. WAR DEPARTMENT, Montgomery, February 25, 1861. Maj. Gen. BRAXTON BRAGG, Commanding, New Orleans. SIR: Your dispatch of this date to the President has been received, and in reply he instructs me to say that the question submitted for consideration is not altogether free from difficulty. The circumstances of the case are peculiar and exceptional, and must be disposed of in a spirit of liberal courtesy. It seems, therefore, to the President, if there was a formal capitulation by the troops of the United States or an informal understanding with the authorities of Texas upon which they acted, either in the surrender or abandonment of the forts, that they should have peaceful exit through the territories of the Government. This understanding should be carried out in goo(l faith, upon their verbal assurance that their sole object is to reach the territory of the United States, and not to disturb time property or peace of any of the States of this Government through which they may pass, or to possess or occupy any of the forts, arsenals, or other property of this Government within these States. Should this assurance be refused, it will be your duty to arrest their progress, and keep them below Forts Jackson and Saint Philip until further ordered. The President instructs me to add that he has entire confidence in your (liscretion and prudence, and feels satisfied that, whilst you scru- pulously guard the honor and rights of this Goverumemit, you will do no act unnecessarily to precipitate a war. Should any of the officers or men desire to enlist in the service of this Government, it would be proper and right, and altogether acceptable, to receive them. I have the honor to be, very respectfully, your obedient servant, L. P. WALKER, & cretary of War. * See p. 30 for instructions of McCulloch Page 36 36 PRISONERS OF WAM, ETC. SAN ANTONio, TEx., February 25, 1~61. Hon. JoHN H. liEAGAN. DEAR SIR: Jnclosed youwill find the order of GeneralTwiggs.* I send it that you may see what sort of spirit prevails in the army here, from General Twiggs down, with one or two exceptions. They will do noth- ing to benefit the South. This order itself is an insnlt to the cominis- sioners and the people of the State; besides, is calculated to make a wrong impression and mislead everybody in regard to the terms of the agreement between the commissioners and General Twiggs, which are: they are simply allowed to leave the State by way of the coast with their arms, two batteries of light artillery being takeit as the arms belonging to that branch of the service. Many of the officers, who are Southern meli, say they will not serve Mr. Lincoln. yet they will iieither resign nor do anything else to assist the section that gave them birth. 1 hope the Southern Confederacy will aid them as little in future as they are helping her now. What good will their resignations do the South after they have kept their commands embodied and turn them over with arms in their hands to Lincoln, to be placed in some Southern garrison on our coast, or otherwise used to coerce the southern l)eople l This force ought to be disorganized before it leaves this State. If the Southern Confederacy intends raising a regular army these men ought to be enlisted into her service at once. Let recruiting officers be sent forthwith to this place, Indianola, aiid Brownsville, or the mouth of the Rio Grande, with the necessary ftinds to pay the proper bounty, and you may depend upon it Mr. Lincoln will never get many of them to leave this State. * * * * * * * Yours, truly, BEN. McCULLOCH. EXECUTIVE OFFICE, Baton Rouge, La., ill arch 6, 1861. Messrs. MAVERICK, LUCKETT, and DEVINE, Commissioners on behalf of the Committee of Public Sa,tety of the State of Texas. GENTLEMEN: I have, in compliance with the wishes of the authorities of your State, authorized Maj. Gen. Braxton Bragg, Louisiana army, to extend every facility and courtesy consistent with the safety of our State to the U. S. troops iii transit through Louisiana by way of the Mississippi River. I take pleasure in stating to you that Major- General Twiggs, late commanding the Department of Texas, was recently welcomed to New Orleans with civic and military honors worthy of his bravery, his talents, and his long an(l very distinguished services. I remain, gentlemen, very respectfully, your obedient servant THO. 0. MOORE, Governor of the State of Louisiana. *No incloRure found. Probably refers to order No. 5, of February 18, at p. 5 Page 37 THE TEXAS SURRENDER. 37 MONTGOMERY, March 16,1861. Col. EARL VAN DORN, Jackson, Miss.: Appointed coloneL You were ordered yesterday to Forts Jackson all(l Saint Philip. Would prefer your going to Texas and securing the U. S. trooI)s for our Army. Jiumediate action necessary. Answer. L. P. WALKER, Secretary of War. AuSTIN, TEX., Marc/i 26, 1861. His Excellency JEFFERSON DAVIS, President, & c. SIR: On yesterday the convention adjourned. Oii Saturday last, 23d iiistant, the ordinance of ratification was passedmade a finality, with but one dissenting vote. I would draw your particular attention to the state of the former U. S. Army within this State. An impression had grown up before my arrival that the rank and file of the Ariuy was uiot desirable by the President of the Confederate States, and nothing has been done to obtain their services in the Army of the Confederate States. I am satisfied from authentic sources that a large majority of the Second Cavalry could be obtained if the proper officer was here. You are aware, alL(I certainly much better informed than I am, of the effect of discipline and the esl)rit de corps that exists even among the privates of any regular army. In addition to that, I am sure that our State service can afford no inducements, not only on account of the want of permanency, but really the want of respect and antagonism they feel to militia, volun- teers, and uneducated officers. In addition, they feel some mortification as to their capitulatiomi and the terms by which they feel they are expelled by State force from our territory. I feel satisfied if Colonel Van Dorn was here holding the command, even though the necessities or requirements of the service might demand his removal within a short period, he could obtain the best men in the U. S. service. I would earnestly urge his being sent here imnmedi- ately. They are now collecting in large numbers, and recruiting (lepots established at convenient poiimts, each recruiting officer being of the former U. S. Army, amid when obtainable attached to the Second Cav- alry. Besides obtaining the flower of the old Army and weakening the l~~Ver of our enenmies, we save an enormous expense and obtain the best body of troops for our service. I hope this will have your most favorable consl(leration. Iii addition, there is a vast anmount of arms, ammunition, transportation, horses, mules, & c., that require imIIm(liate at tem m tion. * * * * * * * XOlmr5 res~)eettHlly, T. N. WAITL. INDLANOLA, TEX., March 26, 1861. Hoim. L. P. WALKER, Secretary of War. SIR : I have the honor to report nmy arrival at this l)lace, amid to inform you that the troops of the United States are yet in eanip at Ureemi Lake Page 38 38 PRISONERS OF WAR, ETC. about twenty miles from the coast, awaiting transports to remove them. They are ignorant yet of their destination. I have seen bat two of the officers, Maj. E. K. Smith and Lieut. Thornton A. Washington. The former has resigned, and is on his way to Montgomery to offer his serv- ices to the Southern Confederacy. Major Smith has always been con- sidered by the Army as one of its leading spirits, and his career in Mexico and subsequently won for him from the Government during the administration of President Pierce, and when General Davis was Secre- tary of War, a high appointment in the Second Regiment of Cavalry. He is so well known to the President, however, that it would be snper- fluous to say anything to call his attention to his merits as ami officer. If I have beemi appointed colonel of cavalry, as I have heard, it would be very gratifying to me to have him appointed lieutenant-colonel in my regiment. Lieut. T. A. Washington has tendered his resignation, and has written to you by Major Smith, offering his services to the Southern Army. He was aide-de-camp to General Twiggs until the geimeral left Texas, and was the adjutant of his regiment. lie was also for a while the acting assistant adjutant- geiieral at department headquarters. These posi- tions, assigned him by his superior officers, will speak more in his behalf than anything I can say. He desires an appointment in the (uarterm asters Department or Adjutant-Generals I )epartment. He is well qualified to fill either station. I think I shall have no difficulty in securing many of the troops and officers. I leave in a few minutes for the Green Lake camp. The Army, I am told by Major Smith, is strongly for the South, and lie has no doubt but that the troops would all like to go with ns if they had the opportniiity. Very res~)eetfi1lly, sir, I am, your obedient servant, EARL VAN l)ORN, SALITRIA, March 30, 1861. J. II. REAGAN, Postmaster- General Go~federate ~4tates. DEAR SIR: I returned here late yesterday evening from Powder- horn. Colonel Van Dorn has not sncceeded in engaging many of the officers or soldiers to join the army of the Confederate States. There are some 500 soldiers assembled here, and two men-of-war and five sea-steamer transport vessels lying outside our bar to receive the troops here and as they arrive, arid the Fashion is chartered by Cap- taimi Ruing to remain here and lighter the muien to the sea vessels. I very much fear the plan of Lincoln is to delay delivering up Fort Sum- ter until the whole Texas army can be concentrated for an attack on Pensacola, and by a brilliant stroke arouse Northern enthusiasm in favor of coercion. * * * * * * * Yours, in haste, HUGH W. HAWES Page 39 THE TEXAS SURRENDER. 39 Surrender of the U. S. Troops to the Confederate Forces as Prisoners of War. UNION COIRRIESPONDENCIE, IUFC. HEADQUARTERS DEPARTMENT OF TEXAS, San Antonio, April 17, 1661. ADJUTANT-GENERAL U. S. ARMY, Washington, D. C. SIR: I have the honor to inform you that a force of Texas State troops is now assembled in this city, and I have this evening learned that the officers, & c., here stationed will be arrested to-morrow and held as prisoners of war. Two transports have sailed with troops, and it is hoped and expected that the third, the Star of the West, will sail in a day or two with the whole force now in camp at Green Lake. There will then remain seven companies of the Eighth Infantry, nuin- bering, say, 370, the headquarters of that regiment, and the headquar- ters of the department. The Eighth Infantry will not reach Indianola before the 10th of May, if permitted to proceed to the coast. This, of course, requires that a fourth transport should be sent out for the embarkation of these troops. I am, sir, very respectfully, your obedient servant C. A. WAITE, Colonel, U. S. Army, Corn manding Department. HnQRS. BATTLN. FIRST, THIRD, AND EIGHTH iNFANTRY, Saluria, Tex., April 25, 1861. ADJUTANT-GENERAL U. S. ARMY, Washington, D. C. SIR: I have the honor to report that I have this morning surrendered this battalion, consisting of two companies of the First Infantry, with the adjutant and non-commissioned staff and band of the same regi- imment, three companies of the Third and two companies of the Eighth Infantry, including nine officers, to the forces of the Confederate States nuder the command of Col. Earl Van Dorn. Two unsuccessful attempts have been made by me to escape with this command, the Star of the West (transport) having beemi captured before we were able to reach her anchorage, off Mat agorda Bay, and on the night of the 24th of April three steamers, having some 800 men and some pieces of artillery on board, coming down the bay, and taking up such a position as to l)revent our retreat in the two small schooners in which we were endeavoring to make our escape, and a fourth steamer, with some 400 men, one 24 and two 0 pounder l)ieces of artillery, hay- ing early in the morning of the 25th taken up a position to prevent our escape by running out of the bay, I was obliged to capitulate under tIme most favorable terms which I could obtain. The shores of this bay are extremely low and partially inundated, ~mimd the channel seems to be nearly one mile from the land. The pilots have constantly refused us both information amid material assistance. It is extremely unfortunate that the steamer Mohawk had left tIme coast at this time, as its presence might have saved us from this humnihi- ating disaster. It affords me pleasure, great pleasure, to state the officers and men of my command have shown the most unwavering loyalty to the Gov- ernment, the men, with two exceptiomis, having takeim the oath necessary for their return to the Uimited States Page 40 40 PRISONERS OF WAR, ETC. I inc1ose~ herewith a copy of the terms of the capitulation; also copy of the parole given by the officers and the oath administered to the men. On my arrival with the command in New York I shall have the honor to make a more full and complete report. I have the honor to be, sir, very respectfully, your obedient servant, C. C. SIBLEY, Major Third Infantry, Commanding. CAMP NEAR SAN ANTONIO, TEX., May 12, IdGI. Col. Ii. THOMAS, Adjutant- General U. ~. Army, Washington, P. C. SIR: I take the earliest opportunity possible to inform you that the six companies of the Eighth Infantry under my commaiid; while march- ing for the coast under the agreement made between General Twiggs (late of the U. S. Army) and the State of Texas, to the effect that the troops should leave the State, were met by a force under command of Cal. Earl Van Dorn. of the Southern Confederacy, and made prisoners of war. This occurred on tIme 9th instant, at San Lucas Spring, fifteen miles west of San Antonio. The force under my command, comprising the garrisons of Forts Bliss, Quitman, aiid I)avis, amounted to an a~i-eoate when leaving the latter post, of 320. This embraces teim officers, two hospital stewards, and twelve musicians. Colonel Bomford, Sixth Infantry, was also with the command. (iii the day of surrender my comimmand numbered 270 bayonets, being thus reduced by sickness, (lesertions, and stragglers (some of whom have since joined) who rein ained at Castroville, from drunkenness, or other causes. The force ol)posed to me numbered, as (then variously estimated at from 1 bOo to 1,700 men) since ascertained to be, was 1,370 aggregate, the total being 848 cavalry, 361 iimfaimtry, and 95 artillery, with 6 field pieces. When the demand for a surrender was made I was told that the force opposed to me was overwhelming. 1 had halted in a good posi- tioim for defense, an(l could have been overpowered oimly by a greatly superior force; amid as none such was before me I declined to surrender without the presentation of such force. It was oim the march. and soon caine in sight, but I was not satisfied of its strength until an officer of my cominan d was permitted to examine and report to me time character and probable number of the forces. Upon his report I deemed resist- aiice utterly hopeless, and therefore surrendered. My command is now encamped near the head of the San Antonio River, awaitimig the orders of President Davis, to whom a messenger has been dispatched by Colonel Van Dorn. The officers on duty with the command were Cap- tain Blake, Lieutenants Bliss, Lazelle, Peck, Frank, Van Horn, and XAT. G. Jones, Eighth Infantry; Lieutenant Freedhey, Third Infantry; and Assistant Snrgeomm Peters, Medical Department. A more detailed report will be mnade as soon as practicable. I ammm, sir, yours, respectfully, I. V. D. REEVE, Brevet Lienten a )tt- Colonel, U. & Army, Commanding. * Omitted here. See subsequent report of June 3, with these inclosures, at p. 49 Page 41 THE TEXAS SURRENDER. 41 CAMP NEAR SAN ANTONIO, TEX., May 12, 1861. Col. L. ThOMAS, Adjutant-General U. & Army. SIR: Iii connection with the report which I have this (lay forwarded, relating to the surrender of the battalion of the Eighth Jnt~ntry under my CoLufllaIl(l to the forces of the Confederate States of America, iiear this place, I also present the following details of the latter part of the march and the circumstances which determined that surrender. This report was not transmitted with the other, as it is extremely uncertain whether any reports of an official character are permitted to pass through the post-office here, or those elsewhere iii the South. On leaving Fort Bliss sufficient transportation could be procured to carry subsistence for only forty days, in which time it was expected the command would reach San Aiitonio, making some little allowance for detentions by the way. At Forts Quitman and Davis stores were taken to last the conimands from those posts to San Antonio, not being able to carry itiore with the transportation at hand. From Camp Hudson to Fort Clark persons were occasionally seen on the road who appeared to be watching our movements, but they said they belonged to rangers who bad been on a scout. At Fort Clark, where I arrived on the 2d of May, I learned that the mails had been (letailled for several days to prevent me from receiving information. It was reported by a stage passenger that the officers at San Antonio had been made prisoners of war. On all thcse subjects there were contradictory reports, and no information could be obtained which would warrant any hostile act on my part. Such supplies as were called for were readily furnished, and offcrs of services were prof- fered by the commanding officer. This did not look munch like hostility, nor (lid I really suspect any. The garrison had been re-enforced (being about 200 men), the post fortified to some extent, guns loaded amid matches lighted on our approach; yet there did not appear any hostile intent toward us, as the explanation for all this was, that they had heard that I had orders to attack and take Fort Clark. From this point rumors daily reached me, but so indeflmiite and con tradictory as to afford no sure ground for hostile action on my part; and by taking such I could not know but I should be the first to break the treaty under which we were marching. On reaching Uvalde, on the 5th (near Fort Inge), I felt more appre- hension of hostility, though rumors were still very contradictory. To attempt, from this point, to return to New Mexico for the purpose of saving the command would have been impracticable, for I had but five days rations, and our transportation was too much broken down to make the march without corn (which could not be had), even if every- thing but subsistence and ammunition had been abandoned. Behind us was the mounted force at Fort Clark, and a large mounted force said to be at San Antonio, reported to be from 700 to 2,000. At this time the only other method of escape left was to cross the Rio Grande, this being easy of acconiplishment, but of very doubtful propriety, par- ticularly as it was yet uncertain whether we should not oiily break the treaty with Texas, but also compromise the United States with Mexico by crossing troops into her soil. On the 6th, while continuing our march, we heard that those com- panies at the coast had been disarmed, and that in all probability we would be also on our arrival there that there would be a force of from 2,000 to 6,000 men against us. We then had no course open to us but to proceed, and, unless overpowered by numbers, to endeavor to figh Page 42 42 PRISONERS OF WAR, ETC. our way to the coast, with the hope that some way of escape would be opened to us. On the 7th we heard that there were not more than 700 men in Sail Antonio, and such a force I knew would not be able to overpower us; and still with strong hope that we might be able to advance successfully, I purchased (on the 8th) at Castroville a small additional supply of subsistence stores (all 1 could), enough for two days, which included the 12th instant, but could have been made to last several days, had I a reasonable prospect of seizing more in San Antonio. Before reaching Castroville I learned that there were troops encamped on the west side of the Leon, seven miles from San Antonio; that there were cavalry, infantry, and artillery, with four guns. I encamped on the 8th on the east side of the Medina, opposite to Cas. troville. Late that evening I heard that the enemy would march to sur- round us in our camp, and I had before heard that a section of artillery was on the way down from Fort Clark, following on our rear; and there was further report that it would pass us that night on the way to San Antonio. To avoid surl)rise and be in possession of plenty of water I marched that night at 12 oclock to reach the Leoncito, six miles east of the Medina, and on my arrival there, finding no signs of the advance of the enemy, I marched on three miles farther to a point suggested and brought to my memory by Lieut. Z. R. Bliss, Eighth Infantry, called San Lucas Spring. There is quite a high hill a few hundred yards from the spring, having some houses, corrals, & c., which, together with the commanding position and a well of water in the yard, ren- dered this point a very strong one for a small command. This place is known as Allens Hill. It is eight miles from where the enemy was encamped, and there I made a halt to await his advance, and parked the wagon train for defense; all of which preparations were made a little after sunrise on the 9th. About 9 oclock two officers approached, bearing a white flag and a message from Colonel Van IDorn, demanding an unconditional suri~ender of the U. S. troops under my command, staring that he had an over- wltehining force. I declined to surrender without the presentation of such a force or a report of an officer, whom I would select from my command, of its character and capacity of compelling a surrender. The advance of the enemy came in sight over a rise of ground about a mile distant; and as the whole force soon canine in sight and continued in march down the long slope, Colonel Van Dorns messenger returned to me with directions to say that if that display of force was not suffi- cient I could send an officer to examine it. I replied that it was not sufficient. I directed Lieutenant Bliss to proceed, conducted by the same messenger, to make a careftil examination of the enemy. He was taken to a point so distant that nothing satisfactory could be ascertained, and he informed his conductors that he would make no report ill)OIi such an examination. This being reported to Colonel Van Dormi, he permitted as close an examination as Lieutenant Bliss desired. The enemy had formed line on the low ground some half mile in front of my position, pei~peinidicular to and crossing the road, and imeither force could be plainly seen by the other in consequence of the high bushes which intervened. Lieutenant Bliss rode the whole length of the enemys line within thirty yards, estimating the numbers and examining the character of his armament. He reported to me that the cavalry were armed within rifles and revolvers, the infantry with muskets (some rifles) and revolv- ers; that there were four pieces of artillery, with from ten to twelve men each; that he estimated the force at 1,200 at least, and there might be 1,500 (since ascertained to be 1,400). With this force b~iom-e me, a Page 43 THE TEXAS SURRENDER. 43 odds of about five to one, being short of provisions, having no hope of re-enforcements, no means of leaving the coast, eveii should any portion of the command succeed in reaching it, and with every probability of utter annihilation in making the attempt, without any prospect of good to be attained, I deemed that stubborn resistance and consequent blood- shed and sacrifice of life would be inexcusable and criminal, and I therefore surrendered. Colonel Van Dorn immediately withdrew his force, and permitted us to march to San Antonio with our arms and at our leisure. We arrived there on the 10th, and on the 11th an officer was sent to our camp to receive our arms and other pul)lic property, all of which was sur- rendered. I will state here that we have been treated, in the circuiustaimces of our capture, with generosity and delicacy; and harrowe(l and wounded as our feelings are, we have imot had to bear personal contumely and iii suit. I am, sir, yours, respectfully, I. V. 1). REEVE, Breret Lieutenant- Colonel, U. AS. A rin q, (Join in an ding. ORDERS, UEADQITARTFX S BATTALION EIGHTH INFANTRY, No. . & (fl Antonio, Tex., May 12, 1861. The following officers of the U. S. Army, viz, Bvt. Lient. Col. I. V. D. Reeve, Eighth Infantry; First Lieut. Z. R. Bliss, Eighth Infantry; First Lient. H. M. Lazelle, Eighth Infantry; Second Lient. L. Peck, Eighth Infantry; Second Lient. J. J. Van Horn, Eighth Infantry; Second Lient. H. T. Frank, Eighth Infantry; Bvt. Second Lient. W. G. Jones, Eighth Infantry; First Licut. H. W. Freedley, Third Infantry; Asst. Surg. D. W. C. Peters, being made prisoners of war by the forces of the C. S. Army, will proceed to Washington, D. C., and report to the War Department as soon as permitted so to do by the authorities of the said C. S. Army. I. V. I). REEVE, Brevet Lieutenant- Colonel, U. ~. A riny, Coinman ding Battalion. WASHINGTON, [). C., May 25, 1861. Lient. Col. E. D. TOWNSEND, Assistant Adjutant- General, Headquarters of the Army. SIR: It is my unpleasant duty to report, for the information of the general-in-chief that on the 23d of April last the following officers, then on duty at San Antonio, the headquarters of the Department of Texas, were seized by an armed force, acting under what they term the Confederate States of America, and made prisoners of war, viz: Col. C. A. Waite, First Infantry, commanding department. Maj. W. A. Nichols, assistant adjutant-general. Military Storekeeper It. M. Potter, Ordnance Department. Surg. E. H. Abadie, Medical Department. Asst. Surg. J. H. Smith, Medical Department. Asst. Surg. E. P. Langworthy, Medical Department. Paymaster D. McClure. Capt. K. Garrard~ Second Cavalry Page 44 44 PRISONERS OF WAR, ETC. Bvt. Lieut. Col. D. T. Chandler, Third Infantry. Lieut. Col. W. Hoffh~aii, Eighth Infantry. Bvt. Maj. J. T. Sprague, captain, Eighth Infantry. Lieut. E. L. Hartz, Eighth Infantry. Lieut. E. W. H. Read, Eighth Infantry. Maj. D. H. Vintoti, Quartermasters Department, was subsequently arrested, and is now on parole. On being arrested the officers were told that they must remain in confinement under a guard, or give their parole not to take up arms or serve in the field against the Confederate States, during the existence of the present hostilities, unless exchanged. After mature reflection and a careful exaniiiiatiomi of the peculiar circumstances under which they were 1)lace(1 time latter alternative was accepted. The main reasons which induced the officers to come to this concln- sion were: that in their then condition they could perform no duty, nor be of the least service to the Government; by rejoining the Army they could be assigned to many important duties, the performance of which would not be incompatible with their parole, and thus still render some service to their country. In justice to the officers, I must here state that great exertions were made and the most flattering inducements were held out by agents of tIme Confederate States for them to resign and enter that service. These officers having resisted these temptations, to which so many others yielded, is strong proof of their devotion to their country, amid merits the favorable consideratiomi of the Governmnent. I have reliable im4ormnation (not official) that seven companies, under Major Sibley, Third Infantryviz, two companies of the First, three com- panies of time Third, and two companies of the Eighth Infantrywere cal)tured on the 23d ultimno off Indianola, and were immuediately paroled amm(l permitted to sail for New York. There are six companies of the Eighth Infantry, under Brevet Lieutenant-Colonel Reeve, which it is believed have also been captured. TIme last information (official) received from them was dated the 16th of April. At that time they were near Fort Lancaster. The impossibility of sending an express through the country for several weeks previous to my leaving San Antonio prevented mmmy having more definite immformation iii relation to this command. Letter marked A will indicate the course adopted toward tIme cap- tured troops, and documents marked B ammd C will exl)lain the circum- stances under which we were made I)risommers. 1mm conclusion, permit me to express the hope ammd auxions desire of time officers on parole that they nma.y be exchanged as early as practica- ble, aimd may be i)ernmitte(l to take ami active part iii the military opera. tion s. I am, sir, very respectfully, your obediemit servant, C. A. XVAITE, Colonel First Imijantry. [Inciosure A.] HEADQUARTERS C. S. ARMY, San Antonio, Tex., April 28, 1861. Col. C. A. WAITE, U. S. Army, Present. COLONEL: I understand that Lieut. E. L. Hartz, Eighth Infantry, visited Captain Lees company on yesterday, aml(I exhorted them to be true to their allegiance to the United States, & c. When I grante Page 45 THE TEXAS SURRENDER. 45 leave to visit the company I did not exI)ect such a course would be pursued. I am compelled, therefore, to forbid any visiting, only in company with an officer of the C. S. Army. When the men are to be visited Capt. James Duff will accompany the officer, or some other officer will be detailed by him. Your obedient servant, S. MAC LIN, Major, (1. & Army, Commanding. [Iiiclosiiro B.] Memorandum relating to the arrest of Colonel IVaite, U. S. Army, and the officers of the Army on duty at San Antonio, Tex. SAN ANTONIO, TEx., April 23, 1S61. Captain WILCOX (with his sword, coiumai~ding Texas troops). Good morning, colonel. (At Colonel Waites quarters, Coloiiel Waite and Major Sprague only present.) Colonel WAITE. Good morning, sir. Captain WILCOX. I have come to request you to go over to Major Macuns office. Colonel WAITE. For what purpose, sir0? Captain WILcOX. As a prisoner of war. Colonel WAITE. What authority have yoWl Captain WILCOX. I have authority from Major Macliii. Colonel WAITE~ Who is Major Macliri? Captain WILCOX. An officer of the Confederate States. Colonel WAITE. I do not, sir, recognize any such authority. Have you the authority? I shonld like to see it. Captain Wilcox then took from his pocket an order from Major Mac- lin, which Colonel Waite read, directing him to proceed with his com- pany and arrest the officers of the United States Government ~i1 San Antonio. Colonel WAITE. I protest against any snch act, and will not obey the order, except by force. Have I committed any offense? To which Captain Wilcox replied, None that I know of. It is, then, said Colonel Waite, a most unwarranted act of usurpation, and in violation of the modes and customs of civilized warfare, aiid a gross outrage upon my individnal rights. I protest against it in the name of my country. Your anthority I do not recognize, nor will I obey any order from yon. Nothing but the presence of a force greater than I can overcome will cause me to relinquish my personal freedom. There is nothing in history ~o equal this nsurpation. Thereupon Captain Wil- cox said, I have the force, and started for the public storehouse, and immediately retnrned with thirty. six footmen, Texas troops, armed with rifles and saber bayonets. The command was halted in front of Colonel Waites quarters, when Captain Wilcox entered the house. Colonel Waite then walked to the door, and upon looking ont remarked, Is that yonr gnard, sir? Yes, sir, replied Captain Wilcox. These are more men, remarked Colonel Waite, than I can resist, and I again protest, in the name of my country, against this gross and unwar- ranted act of usurpation and the violation of personal rights. Where do you wish me to go, sir? To the ordnance office, ~ said Captain Wilcox. Colonel Waite then took his hat and passed to the front of the guard, when arms were shouldered, and the crowd proceeded through the pub Page 46 46 PRISONERS OF WAR, ETC. lie street. As Colonel Waite was passing into the custody of the guard, Major Sprague said to Captain Wilcox, Do you consider me as one l Yes, he replied; come along. ~ said Major Sprague, 1 concur fully in every word uttered by Colonel Waite in regard to this outrage. Major Sprague thenjoined Colonel Waite, and proceeded amid a crowd of boys. Arriving at the building where the public offices are, the com- mand halted, and Captain Wilcox ordered the other officers, viz, Maj. W. A. Nichols, assistant adjutant-general of department; Maj. Daniel McClure, Pay l)epartment; Brevet Lieutenant-Colonel Chandler, Third Infantry; Capt. K. Garrard, Second Cavalry; Dr. E. H. Abadie, Medi- cal Department.; Dr. Joseph 11. Smith, Medical Department; Dr. E. P. Langworthy, Medical Department; Capt. A. T. Lee, Eighth Infantry; Lient. E. L. Hartz, Eighth Infantry; Lient. E. W. II. Read, Eighth Infantry; and Capt. H. M. Potter, military storekeeper, who had been previously arrested, and were within the building in charge of a senti- nel, to proceed. The officers in a body, under the guard, l)roceeded to the office of Major Maclin. After a few moments silenge Major Macun said: Colonel Waite, it becomes my duty to arrest you and the other offi- cers as prisoners of war. By what authority, sir? That is my business, sir, not yours, responded Major Macun. ~ said Colonel Waite, I should like to know by what power I am deprived of my personal rights. I have the power from the President of the Confederate States, answered Major Maclin. Such authority 1 do not know, nor shall I obey it, said Colonel Waite. Have I or my officers committed any offense? Did we not come here as friends, and have we not been such to all the interests of Texas~ More than that,is there not an agreement with the Texas commissioners, guaranteeing to the men and officersmy entire com- mandto go out of Texas unmolested ~? That, sir, has been carried out faithfully on our part, in every respect. By what right ani I to be restricted of my liberty? and by what authority am I and my officers made prisoners of war? I protest against it. There is no use of ~)rotesting, said Major Maclin. I do not wish to hear any protest; it is unnecessary. I have my orders. But I will protest, replied Colonel Waite. In the name of my Government, I protest. I denounce it as an act of unwarranted usurpa- tion, and against the custom of war, and in violation of my personal rights. I suppose you intend to regard the rights and customs of civili- zation. I know no war. We have been acting as friends. We are not here in a hostile attitude. We came into the country as friends, and are going out as such. Yes, responded Major Maclin; I have my duty to perform, and shall do it. I repeat, said Colonel Waite, it is gross, unheard-of, unwar- ranted, and treacherous. Nothing but the presence of a force requires inc to listen to such measures, munch more obey them. Had I the means it would be quite different. I would resist until death. 1 am aware of that, answered Major Maclin. I have as much confidence in the courage of your officers as you have. What do you propose ~ inquired Colonel Waite. I am obliged to consider myself a prisoner, and should like to know the future Page 47 THE TEXAS SURRENDER. 47 I have here, sir, replied Major Macun, paroles (handing a manu- script to Colonel Waite), which the officers are at liberty to avail them- selves of. One of these was then read by Colonel W aite. Such a paper I shall not sign, said Colonel Waite, indigitaittly; it is highly objectionable, and I shall remain a l)risoner. Very well, answered Major Maclin; these l)aroles will not be l)resellte(l to you again, without you request it. ~~~That rank do you hold~ sire? inquired Colonel Waite. I am a major. In the Provisional or Regular Army, sir i inquired Colonel Waite. Iii the Regular Army, sir. A general conversation ensued among all parties, iu which there was much angry excitement. Major Maclin improved the first opportunity to speak, and remarked that lie should send the officers to Victoria~, 100 miles distant, to Colonel Van Dorns headquarters, and desired to know how soon Colonel Waite could be ready, and suggested to-inor- row, even intimated to-day, whereupoii Colonel Waite and the officers present said it was ilnl)ossible to arrange their family affairs in so short a time. How long a time, then, asked lie, (10 you desire? One, two, or three days? I presume we can have transportation, suggested Colonel Waite. There will be transportation for you, sir, resl)on(led Major Maclin, with emphasis and anger. Again a general conversation took place; still much excitement evinced among all parties. The inquiry was made of Major Macun if lie had any discretion in the matter, lie replied that he had none. The character of paroles and the rights of prisoners then became a geim- eral subject of conversation. Each officer l)reseiit said lie desired at least twenty-four hours to consider the subject, as it was of great importance. Colonel Waite asked for one of the manuscript paroles, when Major Maclin, in a very offensive manner, declined, saying he had use for them. This again caused much evident excited and indig- nant feeling. It is my desire, said Colonel Waite, to put some officer in charge of our soldiers to be left here as prisoners, should I accept a parole, to attend to their personal rights, police, and comfort. You need have no concern about that, sir, responded Major Maclin; we will save you that trouble; we will attend to that. No officer will be permitted to have anything to do with them. You will not be allowed to give any orders here. Colonel Waite, in answer: It is your wish and object to corrupt them, and to force them into your service; but they wont stay with you; they will desert. Your language, sir, said Major Maclin, is offensive. I cannot l)erlnit it. Colonel Waite replied: The facts, sir, are doubtless offensive. My laiiguage is not intended to be offensive. I will talk and state the facts. I also claim the right to send an officer to my Government with sealed dispatches on parole. That, sir, replied Major Maclin will not be allowed. But,~~ said Colonel Waite, can I not make my official report? To send an officer to headquarters after important events is the custom of all armies and troops among civilized people.~~ Perhaps it is, sir, replied Major Maclin Page 48 48 PRISONERS OF WAR, ETC. After a long conversation, and the excitement somewhat abated, Major Macun was asked if he would graiit to each officer twenty-four hours to consider U~Ofl the subject, when they would report to him in person their determination. To this lie agreed, and permitted each officer to take one of the manuscript paroles for consideration. The guard at the door was then dismissed, and the officers retired. WEDNESDAY, April 24, 1861. The officers assembled at 12 m. to-day at the office of the commanding officer, Major Macun, as agreed upon yesterday. No farther modifica- tion could be had other than the terms olThred yesterday, excepting a provision for exchange as prisoners of war, and the privilege to Colonel Waite tc report the facts and past transactions to his Government. They now were offered the acceptance of the paroles, or to be consid- ered close l)risoners of war. There was no alternative but to be sub- jected to the rabble; to crowds of undisciplined troops, regardless of authority or control; to the vin(lict~ve and active prejudices of mcii in temporary authority, swayed by spleen and disappointment, as well as infidelity to the General Government in former commissions, who had already stipulated terms, or take the paroles offered and ask safe con- duct out of the State. The latter was determined upon as the only method which could secure safe egress or escape, and place ns within the authority of the United States Government. Each officer took his l)arole under the protest made by Colonel Waite the day previous. [Inclosure ~.] SAN ANTONIO, TEx., April 24, 1861. Oii the morning of the 23d of April, 1861, about 12 in., Captain Wil- cox, commanding a com~)aiiy called the Alamo Rifles, entered the office of Colonel Waite, U. S. Army, and inquired for Colonel Waite. lie was informed that lie was at his quarters. Captain Wilcox then said to the officers present, viz, Lieutenant-Colonel Chandler, Captain Garrard, and Assistant Surgeon Smith, Gentlemen, I aum directed to arrest you, and take you over to Major Maclins quarters. Colonel Chandler inquired, By what authority, sir a? Captain Wilcox replied, By authority of the Confederate States, and offered to show his order directing him to make the arrest. Colonel Chandler then said, How do you arrest us; as l)risoners of war0? Captain Wilcox replied, Yes, sir; as prisoners of war. Colonel Chandler then replied, I do not recognize your authority, sir, and refuse to obey your orders. I decline going to Major Macuns office unless you have an armed force with you. Captain Wilcox answered, I have a force, sir, and pointed out of the window to a detachment of about thirty-six armed infantry. Colonel Chandler then said, 1 surrender myself to you as a prisoner of war, reserving to myself the right of protestiiig against these proceedings. The other officers present, when called on by Captain Wilcox, replied, Sir, we surrender on the same terms. Cap- tain Wilcox then said, Gentlemen, will you go over to Colonel Waites quarters with me 0? Colonel Chandler replied, We are your prisoners, and will go if you order us. Captain Wilcox then said, You remain here. He then left the room, and the officers remained in it, nuder charge of a guard, until Captain Wilcox returned after arresting Colonel Waite, wheim they were marched, under charge of the guar(l, to Major Maclins office, iii company with other officers who had been taken prisoners Page 49 THE TEXAS SURRENDER. 49 IIDQRS. BATTLN. FIRST, THIRD, AND EIGHTH INFANTRY, Camp near Fort Hamilton, N. Y., Jane 3, 1861. Bvt. Brig. Gen. L. THoMAs, Adjutant-General of the Army, Washington, D. C. SIR: Having already made a brief report of the capture of this corn- inand, I have now the honor to submit the following additioiial particu- lars connected with the embarkation of the t~iiops and the capitulation iii Matagorda Bay on the 23th of April: Of the seveii companies comprised in this comi~and, the three corn- l)anies of the Third Infantry arrived at Indianola on the 13th of April, at which date I relieved Lieutenant-Colonel Backus in the command, and encamped in rear of the town to await the arrival of the troops designated as a part of the complement number for embarkation on the steamer Star of the West, then lying off the coast near the mouth of Matagorda Bay. On the 17th these troops, consisting of the adjutant and non-commissioned staff and band, and two companies of the First Infantry and two companies of the Eighth Infantry, arrived at my camp, when I immediately marched with the whole commnamid to the wharf at Indianola, where the baggage, camp, and garrison equipage, and stores were stowed on two small steamers, which had been engaged as lighters to convey the troops to the Star of the West. The troops slept on the wharf on the night of the 17th, and embarking early in the morning of the 18th the steamers got under way and proceeded dowii the harbor. On arriving at the designated point it was found that the Star of the West had disappeared from her anchorage, and I was reluctantly corn- ielled to return to the camp previously occupied near Indianola. During the 19th and 20th I made unsuccessful efforts to obtain some other iticans of transportation, and on the 21st I succeeded in chartering two small schoonersthe Horace, of 168, and the Urbana, of 138 tons burden. The latter not having discharged her cargo we were obliged to unload it, the parties working during the day amid most of the night of the 22d, and on the 23d we again proceeded down the bay, towed by the small steamer Fashion. The weather was extremely unfavorable, the wind blowing from the northeast across the bar, and on the 24th the master of one of the schooners reported that it would, under the circumstances, be absolutely imupossible to manage his vessel at sea, there being at this time muore than two hundred persons on board, including some thirty-five women and children, together with the sub- sistence stores and property. I was, therefore, comupelled to seek for an additional transport, and Captain Bowman, of the Third, and Lieutenant Greene, of the First Infantry, with a detail of thirty-four men, taken from all the companies, were dispatched on the Fashion to endeavor to obtain another vessel, which was understood to be lying at the port of Lavaca. During the afternoon of the 24th we obtained with the small boats an additional supply of brackish water fromn the marshy lands at Decklas Point, amid by night, nothing having been heard of the detach. macut, some suspiciomi of the seizure of this party and a movement to cut us off was entertained on the schooners, but we could not get out across the bar. The easterly winds which prevailed, and the refusal of the pilots along the coast to come to our aid, li ad comupleted our disaster. The miight was cloudy and dark, but about 11 oclock three steamers were visible within a short distance of our anchorage to the windward. Lientemiant Hopkins, of the Third, was sent off in a small boat to obtain some information in regard to these steamers. lIe could get no answer from them, and returned to the schooners. At daylight on the muorn- 4 R RSER II, VOL Page 50 50 PRISONERS OF WAR, ETC. Pig of the 25th it was observed that these steamers had on board some 800 or 1,000 troops, effectually protected with tiers of cotton bales on both decks. It is supposed these steamers had several pieces of artil- lery. Colonel Van Dorn sent a messenger, requesting an interview, which, after consultation with the officers, was granted, and at this time a large steamer from New Orleans came over the bar and took np a positioii below ns. She had on board two 24-pounders and two field pieces, and probably 500 troops. There being no further hope of our escape I was obliged to accede to the reqnirements of Colonel Van Dorn, and sur- render my command as prisoners of war. On the 28th the brig Mystic arrived off the port of Salnria, bringing Lieutenant Greene and the detachment sent np on the 24th. They had been captured at Indianola. The command was then dividedthe battalion of the First Infantry being assigned to the schooner Horace, that of the Eighth to the schooner Urbana, and that of J~he Third Infantry to the brig Mystic. The two first named were towed over the bar on the 30th and proceeded to sea. The brig was nnable to pass the bar nntil the 3d of May, owing to the low water. The two schooners arrived in the harbor of New York on the 31st of May, and the brig on the 1st of June, after a rough passage of a month from the coast of Texas. It is not necessary to speak of the accumulated hardships to which the troops have becim necessarily subjected, crowded as they were upon these inconvenient, open transports; and I again take occasion to remark upon time high-totmed, unwavering spirit of the officers, and the fidelity and good conduct of the enlisted men of this command. I inclose herewith a copy of the articles of capitulation; also, copy of a letter* from Maj. Larkin Smith relative to the embarkation of the troops, the official report* of Lient. J. B. Greene, First Infantry, a field returnt of the command on the 25th of April, a copy of the parole of the officers, and a copy of the oath taken by the enlisted men. I have the honor to be, sir, very respectfully, your obedient servant, C. C. SIBLEY, Major Third Infantry, Commanding Troops. [Incmosure No.1.1 SALURIA, TEx., April 25, 1861. Articles of agreement this day entered imito between Maj. C. C. Sibley, of the U. S. Army, on the one part, and Col. Earl Van Dorn, of the C. S. Army, on the other part, viz: It is stipulated and agreed to that the United States troops, officers and mer~, shall become prisoners of war, with the privilege of giving their paroles of honor, if officers, and their oaths, if soldiers, not to bear arms or exercise any of the functions of their office, under their commis- sions or enlistments, against the Confederate States of America, unless an exchange of prisoners shall be made, or until released by the authority of the President of the Confederate States; the arms and equipments of the men and all the public property in the possession of the company commanders to be given up to an agent appointed for the purpose, on board the transport which shall be employed to convey those who may desire it to the United States, private property to be unmolested. Omitted. See Series I. Yol. I, pp. 564566. + Not found Page 51 THE TEXAS SURRENDER. 51 It is further stipulated and agreed to that all the officers and men who shall give their paroles and oaths as above stated shall be allowed to pass unmolested through the Confederate States of America, by the way of Galveston and up the Mississippi River, to any point they may see fit to go within the limits of the United States of America, or by ally other route they may see fit to take. C. C. SIBLEY, Major Third Infantry, Commanding Troops. EARL VAN DORN, Colonel, ( S. Army, Commanding Troops. [Inc1o~iire No. 2.J Copy of parole giren by the officers. SALURLA, TEX., April 25, 1861. To THE AUTHORITIES OF THE CONFEDERATE STATES OF AMERICA: I give my word of honor as an officer and a gentleman that I will not bear arms nor exercise any of the futictions of my office tinder my ~om- mission from the President of the United States against the Confeder- ate States of America during tile existence of the war between the said Confederate and United States unless I shall be exchanged for allotlier prisoner or prisoners of war, or unless I shall be released by the Presi- dent of the Confederate States. In consideration of the above parole it is understood that I am free to go and come wheiiever I may see fit, except that I shall not attempt to enter or depart from any fort, camp or garrison of the Confederate States without the sanction of its coin- manding officer. C. C. SIBLEY, Major Third Infa idry, U. S. Army. II1(1OSH1~ No. 3. Copy of oath taken by the eniiste(i men. SALURIA, TEX., April 26, 1861. To THE AUTHORITIES OF THE CONFEDERATE STATES OF AMERICA: We do solemnly swear that we will not bear arms against the Confed- erate States of America, nor in any way give aid and comfort to the United States against the Confederate States, during the existeimee of the war between the said United States and Confederate States, unless we shall be duly exchanged for other prisoners of war, or until we shall be released by the President of the Confederate States. Iii considera- tion of this oath,it is understood that we are free to go wherever we may see fit. KANKAKEE CITY, ILL., Jrnc 18, 1861. Col. L. THOMAS, Adjutant- General U. S. Army, Washington, D. C. SIR: I have the honor to report my arrival at this place yesterday, the 17th instant, having come from San Antoimio, Tex., with as much (lispatch as the means of travel and communicatiomi would perniit, leav- ing that place on the 4th Page 52 52 PRISONERS OF WAR, ETC. I inclose herewith a copy of my report made under date of May 12,* fearing that that report did not reach your office in consequence of th~ disturbed state of the country and the uncertainty of the mails. I also inclose a detailed report of the latter portion of the march and surrender, to which reference was made in my former report. This latter report could have been iong ago made had there been any reasonable prospect of its reaching you. This is the first point where I have been able to stop trom which letters could be forwarded with safety. I hereby report further how I happen to be here. After surrender, the troops were paroledthe officers to the limits of the Confederate States of America, and the men placed under oath not to leave the county of Bexar, Texas. Up to the 4th of Jumie Colonel Vaii I)orn was expecting orders to grant unlimited paroles to the officers, and told me that he had no doubt such wOul(1 be granted on return of his messenger from Montgomery. The 1st instant I received the sad, crushing intelligence of the death of my oldest daughter, and Colonel Van Dorn at oiice offered me the privilege of coining home. I availed myself of his generosity, both with the view to make arrangements for the care of my remaining chihjren and to communicate with the War Department, iii the hope of being of some service to the prisoners of war in Texas by represent- ing their true state and condition. Not knowing whether my reporting in person would be either desirable or proper, I send the following brief statement: Up to tue time I left San Antonio the troops were in quarters and under the care and control of their own officers. They were allowed the usual subsistence and all the clothing necessary; had no restrictions as to limits, except attendance on retreat roll-call; and could be permitted to go anywhere within the county upon a wi-itten pass signed by their own officers. With the exception of some five or six, they remained faith- ful to their Government and refused all offers and inducements to join the Confederate service. The day before I left Colonel Van Dorn iimformed me that they would be moved into camp some five miles from town and placed under charge of Confederate officers, who would attend to their wants, thus separating them front the care of their own officers. In all this they have been as well if not much better treated than is the usual fate of prisoners of war. Their peril consists in the fact that they are retained as hostages against the rigorous treatment of any prisomiers who may fall into the power of the United States. Colonel Van Dorn does not regard the parole which is given to the officers as revocable by his Government, and their peril is not, therefore, the same as that of the men, in his view of the case; therefore it is not easy to see, in the same view of the case, any good reasons fbi- restrictions as to limits being made in the parole. The officers are furnished with quarters amid board at the expense of the Confederacy, at least while they remain in San Antonio. I shall be in Dansville, in New York, in a few days, where commnummi- cations will reach me. Hoping that I may be justified in the course I have l)lirsued, as rep- resented in my reports, I remain, sir, youi-s, very respectfully, I. V. D. REEVE, Brevet Lieutenant- Colonel, U. S. Army. * See p. 41 Page 53 THE TEXAS SURRENDER. 53 ALBANY, N. Y., June 23, 1861. Brig. Gen. L. THoMAS, Adjutant-General U. S. Army, Washington, D. C. GENERAL: I inclose herewith a copy of the parole given to the officer comnianding the Confederate troops in San Antonio, Tex., also a copy of the safe-guard to enable me to leave Texas and pass through the rebellious States. The printed paper inclosed (letails the incidents and humiliations to which the U. S. officers were subjected. As unfortu- nate as such a humiliation was, it is my belief that when the facts are known and considered the United States Government will appreciate the loyalty of its officers. My object in sending the inclosed is to have on file in your office as complete a record of the transaction as is possi- ble. The renewal of my oath is also inclosed. It will give me pleas- ure to perform any service consistent with my honor and duty to my country. I am, very respectfully, your obedieiit servant, J. T. SPRAGUE, Breret Major an(l Captain, Eighth InfLntry. [Inclosuro No. 1.] HEADQUARTERS CONFEDERATED ARMY IN TEXAS, San Antonio, Tex., April 23, 1861. I hereby do declare upon my honor ami plcdge myself as a gentle- man and a soldier that I will not take up arms or scrve in the field against the Government of the Confederated States in America under itty present or any other commission that I may hold duriiig the exist- ence of the present war between the United States and the Confederated States of America, and that I will not correspond with the authorities of the United States, either military or civil, giving information against the interest of the Confederated States of America, unless regularly exchanged. J. T. SPRAGUE, Breret Major and Captain, E~qhth Injantry, U. S. Army. [Incloslire No. 2.] HEADQUARTERS C. S. ARMY IN TEXAS, San Antonio, Tex., April 2G, 1861. To all guards, patrols, citizens, an(i to all coflcerne(i, within the limits of the Confederated States: Tile bearer, Bvt. Maj. John T. Sprague, U. S. Army, a prisoner of war on his parole of honor, is hereby pciimiitted to pass through each and any of the Confederated States without let or hindrance or molestation of any kind whatever. S. MACUN, Major, C. S. Army, Commanding. [IncInsure No. Extract from Neu lork Courier and Enquirer, May 29, 1861. The remnant of time U. S. troops which the traitor Twiggs aban- doned to the tender mercies of the Southern cliiv~~lryin Texas will arrive here to-day from Havana, an(l we indulge the hope that some- body will feel it their duty to receive them in a manner worthy of th Page 54 54 PRISONERS OF WAR7 ETC. heroism they have evinced in resisting every conceivable inducement to imitate the conduct of their leader in his treason to the Stars and Stripes. Lieutenant Slemmer arrived at this port on Saturday, and remained until Monday evening; but no more notice was taken of him, his brother officers and soldiers, than if they had dQne nothing at Pickens to uphold the American flag! If Major Anderson deserved credit and commendation, honors and promotion, for moving his com- mand into Fort Sumter- and no press has lauded that act more than the Courier and Enquirei then was the coiidnct of Lieutenant Slemmer in transferring his command to Fort Pickens still more to be com- mended and stiji more creditable to the service and the country. Anderson, being ordered to hold and defend a work which he knew was not defensible, disappointed the purposes of the traitor Floyd and occ:ipied a str9nger work, where he knew he would be safe. It was a wise and meritorious act, and merited the universal approval which it received. Licutenamit Slemmet was called upon to surrender his com- mand to a force irresistible in numbers, and saw one of the senior officers of the Navy cower before the rebel forces, and, with his brother officers ingloriously pull down the Stars and Stripes and surrender the navy-yard at Pensacola without a blow. He was admonished by his senior and by his example that such also was his duty; but he scouted at yielding, resolved upon resistance, and in defiamice of the advice and example of Commodore Armstrong, who should have been driven from the iNavy with disgrace, threw hmmsel( iiito Fort Pickens and bid defi- ance to the rebel force. It was a noble act, and, like Andersons at Sumter, worthy of high praise; and even more creditable, because he is a much younger officer than Anderson, was threatemied by a much superior force, and was obliged to resist the contaminating influence of tIme surrender of the navy-yard, its garrison, aiid all its munitions of war by a senior officer of the navy, without a struggle and with abun- dant means of defense. By his gallantry he and his handful of brave men saved Fort Pickens to the country, and gave notice that they were prepared to be starved or to be buried beneath the ruins of the fort, but that never would they surrender it to the rebels or permit their infamous colors to wave over its walls! They redeemed their pledge, have been relieved, and came among us on Saturday last. On Monday evening Slemmer and his brother officers left here in pursuit of their families; and althongh the press announced their arrival, who called ~o give them a welcomne and say (Iodspeed to the noble young officers and gallant men who had so fearlessly and under such peculiar circum- stances sustained the honor of their flagof our Stars and Stripes of the banner of the Union, to sustain which a quarter of a million of men are now in arms! But let this pass; such is popular favor, and such the thoughtless- ness of those whose duty it is to foster a sound public sentiment. Slem- mer has gone, unnoticed and unhonored; and now, tlmere will arrive to-day 700 non-commissioned officers and privates, accompanied, we presume, by some of their company officers, who should be received by our volunteers with every mark of honor. When the traitor Twiggs abandoned his command and passed over some five millions of public property into the hands of the rebels, he escaped seizure from his officers by having scattered his command into small garrisons and surrounding himself with 1,500 rebel troops. Then, to make the surrender less offensive to the troops and less dangerous to the rebels, he provided for his 3,000 U. S. soldiers retiring peaceably and with their arms from the soil of Texas. A po Page 55 THE TEXAS SURRENDER. 55 tion of theni did so retire; another portion were captured by Texan troops in the harbor of Indianola when embarking, according to the code and practice of Southern chivalry; and the remainder, those who are expected to arrive to-day, were, according to the same code and practice, and in vindication of their claim to infamy by the rebel authorities, disarmed, proclaimed prisoners of war, and only permitted to leave Texas on parole. And what adds to the infamy of the wretches who have inaugurated the term Southern chivalry~~ and vindicated its significance, they suffered these poor fcllows to be exposed to starva- tion on their route homeward. They, however, succeeded iii reaching Havana in safety, where the Spanish authorities, who do not recognize the code of Southern chivalry and its practices, supplied them with the necessary food before onr consul could interfere in their behalf We give below* the particulars of the manner in which Colonel Waite and his brother officers were treated by the Southern chivalry of the Confederate Republic, because they were true to their flag; and one of these very men, with tears in his eyes, related to us the noble conduct of the men. When they learned that they were to be disarmed they swore a big oath that their guns should never be used against the Stars and Stripes, and commenced deliberately breaking off the butts of their muskets by smashing them against the earth; but for the interference of their officers miot a musket would have escaped. But the chivalry threatened vengeance at what they ctlled a breach of the capitulation; and there was too much reason to apprehend that they only desired an excuse to put to death every soul, because both officers and men had indignantly spurned their offers and refused to be influenced by the conduct of their traitor general, David E Twiogs, of time rebel State of Georgia. Amid therefore the officers, perceiving the danger to which the muen were exposing themselves an(l the general massacre which was but too probable, rushed in amuong them and explained that their personal safety from assassination (lel)ended upon their quietly yielding up their armus uninjured. Time men complied, but not one solitary soldier was seduced from his duty by all the threats of tIme robber baud which composed that l)ortioli of the Southern chivalry. Such are the men about to arrive among us after having barely escaped with their lives from their surrender by the traitor Twiggs to the Southerim chivalry; and ~ve call upomi those in authority over our volunteersupon General Dix and certain cornnmitteesto see that our volunteers be permitted to receive these brave muen with becoming honors. Government will no doubt, at the proper time, define the posi- tion of both officers and men who were thins forced to give their parole of honor not to fight against the rebels until formally exchanged. We all feel that such a parole has no moral force, and, as a case of con- sciemice, is not binding. It was extorted, and in violation ef a compact. But, nevertheless, officers and nien l)ledged their hommors to respect it; amid the Government must and will respect that pledge. To send them imito battle in disregard of it would be to seIi(l them forward with hal- ters around their necks in the event of being takemi prisoners; and con- sequently we hope at an early day to see an order vindicating the officers and men fromn all censure and recogmmizing their status, while exposing the baseness of Southern chivalry. In a very few days we shall be km possession of more than sufficient of the eiiemny to exchange * For memorandum here referred to relating to arrest of Colonel Waite and his Qfficers, see p. 45 Page 56 56 PRISONERS OF WAR, ETC. for the much abused officers and men surrendered by the traitor Twiggs. From amoiig our first prisoners let there be sent into the rebel camp the precise number of men and officers of correspon(liflg rank to those now on parole, giving the rebel authorities notice that WC (10 so in order to redeem the honor of our people, while we condemn as worthy only of Southern chivalry the acts of infamy which made them quasi l)risoners of war. CONYEDEI~ATE COHRESPONDENCE. ETC. ADJUTANT AND INSPECTOR GENERALS OFFICE, Montgomery, April 11, 1861. Col. EARL VAN PORN, C. S. Army, Montgomery, Ala. SIR: The Secretary of War directs that you repair to Texas with the least practicable delay, and there assume command. You are charged with the important duty of making the necessary arrangements to intercept and prevent the movement of the U. S. troops from the State of Texas, and for this purpose you are authorized to call into service such amount of volunteer force from Texas as may be necessary in your judgment to accomplish that object. The whole of the U. S. force, both officers and men, must be regarded as l)risoners of war. Such of the men as may be disposed to join the C. S. Army you are authorized to take into service; those not so inclined must be held as l)risoners of war, at such place as may be judged to be most safe. The commis- sioned officers may be released on parole, and in special cases, of which you must judge, the men may be released on oath not to serve against the Confederate States. The above instructions are given under tile circumstances that hos- tility exists betweeu the United States and Confederate States. By directiGu of the Secretary of War: S. COOPER, Adjutant and Inspector General. ADJUTANT AND INSPECTOR GENERALS OFFICE Montgomery, April 13, 1861. Col. EARL VAN i)oRN, C. S. Infantry, Austin, Tex. SIR: The following comninuication has beeii submitted to the l)epart- ment of War by lion. J. H. Reagan, Postinaster-Geiteral: INDIANOLA, April 9, 1861. Mr. J. H. REAGAN. DEAR SIR: In stirring times like these I deem it proper to advise you of the state of things here. The Mohawk, the Empire City, and the CrusaderI believe those to be the names of war vessels and sea transports lying at Saluria this morning. The Fashion, chartered by the United States Government, brought in about 12 oclock to-day stores from the Empire City. There are nine companies concentrated here an(l at Green Lake, about twenty miles distant, for embarkation, lIlOstly here. There is a strong wind blowing, which will prevent, till it ceases, their embarkation, and has already delayed it four (lays. The Arizona is at Brazos with 300 troops, which were embarked three days since for this place to join the troops here, but she is yet detained outsi(le the bar by heavy weather. There are yet seven companies hastening to the coast from the upper posts for embarkation here. Our last advices are warlike, and it may be important for President Davis to be informed of these facts, and I accordingly write this by steamer just leaving, it being now 1 p. m. The wind is high, and lik3ly ro render embarkation impossible for several days. Yours, very truly, H. W. IJAWES Page 57 THE TEXAS SURRENDER. 57 You are hereby instructed to give the orders heretofore received by you a liberal construction, and to arrest and seize all troops and stores of the United States, in transitu or otherwise, wherever found in the State of Texas, and to use for that purpose all the means of this Gov- ernment which you can make available in said State. This communication will be borne by Lieutenant Major, who is spe- cially detailed to bear dispatches to Texas. I am, sir, very respeethully, your obedient servant, S. COOPER, Adjutant and Inspector General. 11 EADQUARTERS, & (n Antonio, Tex., April 17, idGi. lou. L. P. WALKER, ASecretary of War, (1. ~. A. Sin: The news by mail this morning indicates clearly that war exists between our Government and that of the United States. The commis- sioners of Texas agreed with General Twiggs that the U. S. troops then in Texas might pass out of the State with their arms. At that time war did not exist; things have changed. There are seven com- panies of troops still in Texas, and some of them may be now on their way from El Paso to this point. Is it proper and right now to })ermlt them to l)~55 through this portion of the territory of the Confederate States with their arms, embodied as U. S. troops, when their Gov- eruinment is at war with ours~ In a few (lays more I will have six companies of troops here ready for the field, aiixious to render service to their country, and with your permissionyes, without I receive orders to the contrary from your Departmentwith the lights now before me, think I shall require them to surrender their arms and dis- perse. It will be several days before they will be able to reach this l)Iace, and it would gratify iuue much to receive the information by tele- graph, through New Orleans, that I have the consent of the Government to pursue the course 1 have indicated. Most respectfully, your obedient servant, H. E. McCULLOCIL, Colonel, Comm ending. SAN ANTONIO, Tnx., April23, P~61. Maj. S. MACUN, Commanding Confederate Troops, San A ntonio, Tex. MAJOR: I have the honor to report that agreeably to special orders from your headquarters I imitercepted, with my (onipany of citizen volun- teers, this morning, at 6 oclock, Capt. A. T. Lees company of the Eighth U. S. Jmmfantry, under the command of Lient. E. AT. II. Read, of that regi- ment, and in the name of the Confederate States of America demammded the unconditional surrender of the company as l)risoners of war. Mr. Read asked to be allowed to consult with his commanding officer (Col- onel Waite) before making answer to my demand. To this, knowing that the colonel had no troops with which to re-enforce the lieutenants command, I agreed, amid ordered Lieutenammt French, of mny company, to accompany him to Colonel Waites quarters. Ou his (Lieutenant Reads) return he complied with nmy demand to surrender, at the same time protesting against mny action as being i Page 58 58 PRISONERS OF WAR, ETC. violatioii of the treaty stipulations entered into by the authorities of the State of Texas and General Twiggs. The enlisted men of the coitipany are now under my charge. Lieutenant iRead will report in person at your office this morning at 10 oclock. * * * * * * * 1 am, major, respectfully, your obedient servant, JAMES l)UFF, Captain, Commanding Company Citizen Volunteers. HEADQUARTERS C. S. ARMY, San Antonio, Tex., April 24, 1861. The within writing does not take from Col. W. Hoffman the privilege of reporting the facts of his arrest as a prisoner of war and that of his command to the War Department of the United States and its restric- tions are so far suspended as to enable him to grant a discharge to Principal Musician Theodore Knoll, Eighth Regiment of Infantry. S. MACUN, Major of Infantry, C. S. Army, Commanding. [Inclosure.] HEADQUARTERS C. S. ARMY IN TEXAS San Antonio, April 24, 1861. I do hereby declare upon my honor and pledge myself as a gentleman and a soldier that Ii will not take up arms or serve in the field against the Government of the Confederate States of America under my pres. cut or any other commission that I may hold during the existence of the present war between the Uniou States and the Government of the Confederate States of America; that I will not correspond with the authorities of the United States, either military or civil, giviiig infoima- ion aoa.iust the interest of the Confederate States of America, until regularly exchanged. W. hOFFMAN, Lieutenant- Colonel Eighth Infantry. MONTGOMERY, April 26, 1861. Col. HENRY E. MCCULLOCH, Mn Antonio, Tee.: You have the cousetit of the I)epartiiieiit to pursue the course indi- cated iii your letter of the 17th. Hold thetit as prisoiters of war. L. P. WALKER. HEADQIJARTERS Tnoon-~ IN TEXAS, ASan Antonio, Tee., May 10, 1861. Brig. Geu. S. COOPER, Adjutant and Inspector General, Montgomery, Ala. GENERAL: I have the honor to report that I met the last column of tIme U. S. troops in Texas yester(lay at noon on the El Paso road, al)oLlt thirteen miles from this city, and that Colonel l~eeve, the corn- inanding officer, being satisfied of may greatly superior force. s~irren Page 59 THE TEXAS SURRENDER. 59 (lered unconditionally. There were 10 officers and 337 ineii, including ~3O men who were captured some time since in San Antonio by Capt. James Duff which I have heretofore neglected to report. My command consisted of Coloiiel MeCullochs cavalry, viz, six compa- nies, Captains Pitts, Tobin, Ashby, Boggess, Fry, and Nelson; a squad- ron of Colonel Fords State troops, under Lieutenant-Colonel Baylors command, viz, Captains Walker and Pyron; a battery of light artillery, Captain Edgar; a section of artillery, Captain Ted; two small detach- inemits of horse, under Lieutenants Paul and Dwyer; and an independ- ent detachment of cavalry, Captain Goode. All these troops I placed nlI(Ier the command of Col. 11. F. MeCullocli. In addition to these there was a battalion of infantry, raised for the occasion in San Anto- nio, under command of Licut. Col. James l)uff, Captains Maverick, X~mlcox, Kam pmann, Navarro, and Prescott, Maj. John N. Carolan. In all, about 1,300 men. I have been actuated iii thisinstancebytlie same motive which induced me to bi-ing a~n oveiwlielining force against the U. ~. troops at Indianolaviz, a desire to arrest and disarm them with- out bloodshed. All the arms and other public property are now being turned over to officers al)pointed to receive them, and the officers and men are in camp at the San Pedro Springs, near this city. Having in consideration the proclamation of the President of the United States declaring certain persons pirates under the laws of the United States for seizures of vessels or goods by persons acting by authority of the Confederate States, I have determined to hold these prisoners of war until I receive further instructions fi-oni you. If the officers prefer it I shall allow them to proceed to Montgomery on parole, to report to you for your decision. It would not do justice to the troops under my command if I failed to report to you the admirable manner in which they conducted them- selves throughout the expedition; the cheerful obedience to the orders of the officers elected over theni; the discipline that was maintained in their camp, where judges, lawyers, mechanics, aimd laborers could be sceim walking post as sentinels on the same rounds, all willing to do (luty in a good cause, and at the close there was the delicacy of brave men, of soldiers, which checked everything like exultation over an unfortunate enemy whom a stern necessity had caused us to disarm. It was gi-atifying to me, as it is a pleasure to me to report to you, that the whole expedition passed oft without one unpleasant incident. The gentlemen who were at headquarters with me, to whom I am indebted for services cheerfully and promptly rendered, for which I owe them my thamiks, were Col. P. N. Luckett, quartermaster-general of Texas, Maj. G. J. Howard, Mr. J. T. Ward, General James Willie, Dr. II. P. Howard, Mr. It. A. Howard, Mr. D. F. Tessier, Judges Fred. Tate and T. J. Devine, Capts. D. D. Shea and W. T. Meehling, and J. F. Minter, and Lieut. J. P. Major, C. S. Army. Very respectfully, sir, I am your obedient servant, EARL VAN I)ORN, Colonel, Comnwnding. [For Van Dorns General Orders, Nos. 4 an d 5, of May 3 and May 13, respectively, congratulating his troops on their valuable services in securimig the surren(ler, see Series I, Vol. 1, pp. 632, 634. Page 60 60 PRISONERS OF WAR, ETC. ADJUTANT AND INSPECTOR GENERALS OFFICE, Montgomery, May 25, 1861. Col. EARL VAN IDORN, Commanding Department of Texas, San Antonio Tex SIR: Your letter of the 10th instant, reporting the capture of 10 offi- cers and 337 men, consisting of the commnaiid of Brevet Colonel Reeve, U. S. Army, has been received and submitted to the Secretary of War. In answer I am instructed to say that the I)epartmnent is coIIstraiLie(l nnder existing state of things to order that both officers and men of this command be retained in Texas as prisoners of war until further orders or until duly exchanged. All future communications for this office will be directed to Richmond, Va. Very respectfully, your obed iemmt servant, S. COOPER, Adjutant and Inspector General. TIEAI)QITARTERS TROOPS IN rpExAS San Antonio, June 3, 1~f;1. Brigadier-General COOPER, Adjutant and Inspector General, Montgomery, Ala. GENERAL: I have the honor herewith to report my operations as commander of the troops in Texas for the last part of April and the month of May; also to inclose -you copies* of all orders issued by me, and of all letters of instructions given to officers under my command. I respectfully refer you to my reports * * * iii regard to the seizure of the Star of the West, the capture of the U. S. troops at Saluria, under Major Sibley, and of those nuder Colonel Reeve, near this city, the latter now held as prisoners of war, amid subject to your orders. * * * * * * * Colonel Reeves command (prisoners of war) are now quartered in this city, but I shall move them imito camp in a few days. They are quite ami expense to us. Will you l)lease give me some general rules in regard to the allowances, & c., of prisoners of war. I do not know whether or not it was the imitention of tIme War Depart- ment that I should be continued in commalm(l in Texas. I have exe- cuted my orders iii regard to the capture of tIme U. S. troops, amid, at the same time that I do not wish to be considered as shrinking fromn any duty that may be imposed upon me in times like these, I must say that I would prefer being where I might have active service suitable to my age and inclinations. My duties here now are entirely in the office, where aim older man would be infinitely more efficient than myself Very respectfully, gemmeral, I am your obedient servant, EARL VAN l)OIIN, (J~donel, Comm an ding. Inclosures omitted here Page 61 THE TEXAS SURRENDER. 61 Disposition and Negotiations for the Release and Exchange of the Union Prisoners. UNION COH~~SPOND~NC~, 1{fFC. ADJUTANT-GENERALS OFFICE, lVashington, Ji~ne 5, 1~61. SUPERINTENDENT IMARYLAN I) RECRUiTING SERVICE, Carlisle Barracks, Pa. SIR: Special Orders, No. 150, dated at War Department, Adjutant- Generals Office, Washington, June 4, 1861, a COI)Y of which has been sent to you, directs Privates A. P. Andrews aiid Richard Cassidy, Second Cavalry, to report to you for duty. These men were made prisoners in Texas, and have giveii their parole not to serve against the rebel States. For this reason it is decided not to & mploy them UI)Oll any military duty, but as they are represented to be good clerks it has been thought that you could use them advantageously in your office. I aiim directed to say to you that they are prohibited from performing military duty. \cry reSI)ecttully, V. I). rf()XATNSENI), Assistant A djutant- General. HEADQUARTERS BATTALION THIRD INFANTRY, Camp Near Fort Hamilton, IV. Y, August 10, iSGi. Col. Ii. D. TOWNSEND, Assistant Adjutant- General, Washington, P. C. SIR: In compliance with the desire of the general-imi-chief, as coin- municated in your letter of the 1st instant, I have the honor to tramis- mit you herewith copies* of the parole given by the officers and time oath subscribed by the men under my command when arrested by the Texas forces on the 25th of last April. The following-named officers were on duty with me at the time, to wit: Capt. R. S. Granger, of Company K, First Infantry; First Lieut. J. B. Greene (since dead), Company K, First Infantry; Capt. G. W. Wal- lace, of Company G, First Infantry; First Lieut. E. D. Phillips, of Company G, First Infantry; Second Lieut. E. P. hopkins, ot Company A, Third Infantry; Second Lieut. IR. G. Lay, of Company I, Third Infantry; no officer present of Company F, Third Infantry; Capt. C. II). Jordan, of Company ID, Eighth Infantry; no officer present of Com- pany A, Eighth Infantry; Asst. Surg. P. D. Lymide, Medical Depart- ment; Asst. Surg. C. C. Byrne, Medical I)epmntmnent. Capt. A. W Bowman, of Company A, Thfrd Infantry, and First Lieut. J. N. G. Whistler, of Company I, Third Infamitmy, had beemi detached from the command a short time before the surrender. The formuer on duty and the latter on leave. They weic both arrested at Indianola. Captain Bowman states that his parole was verbal not to bear arms against the Confederate States. Lieutenant Whistler signed the same parole the officers did who were with me. The captain and one or both of the subalterns of Company F, Third Infantry, are not on pam-ole, and I would recommend that the enlisted memi of the company be tramisferred to Companies A and I, Third OmitteJ here. See p. 51 Page 62 62 PRISONERS OF WAR, ETC. Infantry. The non-commissioned officers may be transferred to those companies to vacancies now existing. Company F niay then be reorganized with recruits and made elThctive. I will state that if the transfers be made as recommended the number of men in companies A and I will still be less than authorized by law. I am, sir, very respectfully, your obedient servant, C. C. SIBLEY, Major Third Inflintry, (iommaitdiug Battalion. NEW YORK, August 13, 1861. General L. THOMAS, Adjutant-General U. & Army. SIR: I hereby have the honor of reporting to you my arrival in this city. Inclosed you will please find a true copy of a parole signed by me while I was a prisoner of war. Having been relieved and deprived of all duty with the U. S. soldiers now held as prisoners of war in Texas, I went to Richmond, Va., for the purpose of being exchanged, or, more properly, of obtaining my release, on the ground of its being contrary to the usages of modern warfare to thus retain surgeons taken while in the active discharge of their duties. My written remonstrances availed nothing more than the extension of the parole held by me. In Texas 1 was little or no use to the United States Government and felt anxious that I might return to duty, therefore I went to Richmond, Va. Without the means of self support and deprived of my liberty I have chosen the only course open to me of showing my loyalty to my country, and 1 hope my actions may be approved by the War Depart- ment. If any exchanges are to be made I (lesire to be placed on the list, and thus be reinstated. Not knowing in what light these paroles are to be treated I respect- fully await the orders of the Secretary of XVar. The wording of this parole is very stringent, but I am certain it is the most lenient that at the time could be obtained. My address is 114 John street, New York City. I am, sir, very respectfully, your obedient servant, DE WJTT C. PETERS, Assistant Surgeon, U. S. Ar my. P. S.My reason for not reporting in person is that I am nearly worn out by fatigue and have but partly recovered from fever con- tracted in Texas. Very respectfully, DE WJTT C. PETERS, Assistant Surgeon, U. S. Army. [Inclostire. I RICHMOND, VA., August 1, 1861. I, the undersigned officer of the U. S. Army, now held as a prisoner of war by the Confederate States of America, do pledge my word of honor as a gentlemen and an officer that I will not bear arias against the Confederate States, nor exercise any of the fmictions of my office under my commission from the President of the United States to the prejudice of the Confederate States until I ant released or exchange Page 63 THE TEXAS SURRENDER. 63 by the authority of the Secretary of War of the said Confederate States. I further declare I will not disclose or make kiiown any infor- mation that I may have acquired to the injury of the Confederate States or the cause in which they are engaged. In consideration of the above parole I am to be free to go at large whenever I may see fit subject to recall within limits to be prescribed or revocation of parole, and report in person to the Secretary of War of the Confederate States of America. 1)E WLTT C. PETERS, Assistant surgeon, LI. A~. Army. NEW Your CITY, ~eptentber 12, 1861. Capt. GEORGE D. IRUGGLES, Assistant Adjutant-General U. ~. Army, Washington, D. (J. SIR: I left iDansville on the evening of the 9th instant to accompany my son to New Haven, Conn., where I have I)laced him at school, and on my return here on my way home I received a few minutes ago your communication of the 6th instant,* ordering me to report for duty at Scarsdale, West Chester County, New York. I inelose herewith a copy of my parole, supposing that the Adjutant-General may have forgotten its terms. It most positively forbids itme froiu doing the duties to which I am ordered, and I do not see how it is possible to enter upon them or any other duties which will either directly or indirectly operate to the prejudice of the Confederate States or the rebel cause without a viola- tion of my honor. I most earnestly hope that ito such duties will be insisted upon. It would be bad indeed, under all the trying circum- stances of my position, to add to them the necessity of breaking my parole or being driven from the service. Your letter was delayed iii reaching me, having been directed to Bath instead of Dansyille. I shall leave here in the morning for the latter place, where I shall hope to hear from you as soon as practica- ble. I trust the inclosed will have the most liberal construction, and that the order within referred to will not be insisted on. I am, sir, yours, very respectfully, I. V. B. REEVE, Brevet Lientenant- Colonel, U. S. Army. [Inclosure.] SAN ANTONIO, TEX., May 31, 1861. I pledge my word of honor as an officer and a gentleimman that I will not bear arms against the Confederate States of America, nor exercise any of the functions of my office under my commission from the President of the United States against the said Confederate States during the existence of the war now pending between the two countries unless I am exchanged for other prisoners of war, or unless I ama relieved from this parole, or released by the authority of the President of the Con- federate States. In consideration of which parole it is understood that I am to be free to go and come whenever I may see fit. I. V. B. REEVE, Bet. Lieutenant- Colonel, U. S. Army, and Captain, Eighth Infantry. *Omitte Page 64 64 PRISONERS OF WAR, ETC. FORT HA1VIILTON, N. Y., September 22, 1861. General L. THOMAS, Adjntant- General U. S. Army, Washington, D. C. SIR: I have the honor to report that the enlisted meii (on parole) of companies of the First, Third and Eighth Infantry, in camp near Fort Hamilton, under my command, were yesterday transferred and pnt en route for West Point and Columbus, N. Y., in compliance with Or(IerS from the Adjutant-Generals Office amid the commanding officer of Fort Hamilton. The officers of the command, under orders from the Adju- tant-Generals Office, proceeded in comupliance therewith to their several destinations. The officers on parole who had received no orders were directed to report to the Adjutant-General and Headquarters of the Army for orders, stating their addresses. There did not appear to be any neces- sity of their remaining longer at Fort Hamilton, there being no duty for them to perform, and orders will reach them with about the same facility at their several locations as at Fort Hamilton. My address will be Hartford, Conn., where I will be pleased to receive orders for any duty I can perform not incompatible with the parole given by mc. 1 am, sir, very res~)ectf ally, your obedient servant, C. C. SIBLEY, Major Third Infantry. WAR 1)EPARTMENT, October 2, 1861. Adjt. Gen. L. THOMAS, War Department. SIR: I acknowledge the receipt of letter of Col. I. V. D. Reeve referred by you to this Department. You will give time required instruc- tions to have your orders executed, and if Lieutenant-Colonel Reeve does not comply with them he must either resign or have his name stricken from the rolls. I have the homior to be, respectfully, SIMON CAMERON, Secretary of War. WASHINGTON, D. C., October 18, 1861. General L. THOMAS, Adjutant-General U. S. Army, Washington, D. C. SIR: I have the honor to report that on receipt of a copy of the letter of the Secretary of War to the Adjutant-General, dated Octo- ber 2, 1861, giving a decision in reference to the order assigning me to duty at Scarsdale, N. Y., and the receipt at the same time of the letter of Captain Ruggles, assistant adjutant-gemmeral, reiterating said order, I proceeded to report accordingly, and on may arrival in New York City I learned that the troops had been removed fromn Scarsdale by order of the governor of the State. I therefore proceeded to report in person at the War Department. I still (leemed the duty above reterred to as incompatible with my parole, but not wishing to give so strict a constructiomi to its terms as to render myseit liable to a charge of wishing to avoid snch duties as I muight consistently l)erform, I referred the matter to the President, who ~Pl)~OVC5 my comistruction of th Page 65 THE TEXAS SURRENDER. 65 parole in relation to the (unties upon which I was ordered. I am will- ing and anxious to do such duties as are coiisistent with my 1)arole, but these are very limited. I can serve on courts-martial where the cases and individuals to be tried are not directly connected with the war, and I can scrve on boards the duties of which do not go directly to the prejudice of the so-called Confederate States. I am, sir, yours, respectfully, I. V. I). REEVE, Brecet Lieu tenant- Colonel U. $. Army. FORT COLLIMBITS, NEW YORK HARBOR, October ~20, 11~61. Adjt. (4en. L THOMAS Washington, D. C. SIR: I have the honor to report to you the arrival at this post on the 19th ultimo of Sergts. T. D. Parker, Franklin Cook, and R. E. Ellen- wood, who have recently escaped from the rebel forces in Texas. These gallant men were surrendered with the command of I3vt. Lieut. Col. 1. V. D. Reeve, and they belong to Companies I and E of the Eighth Infantry. They inforur me that the enemy violated the obligations of the local parole given the prisoners by placing them under guard and so reducing their issues of clothing and rations as to render the men in a state of suffering. Under the circumstances they determined upon and made their escape through Western Texas and Mexico, thence on by steamer to Havana, and hually succee(led in reaching this city. The above sergeants were in a destitute condition when they reached this post. The privations and hardships they have undergone while making this long journey are too leiigthy to give you in (letail, but they speak volumes of their worth and soldier-like bearing. After obtain- ing the necessary papers for drawing their pay I ordered them to report to the headquarters of their regiment at Fort Hamilton, New York Harbor. The private information these men possess of the state of affairs in Texas and Mexico may be valuable to the Department, and therefore I recommend them to you for your consideration. I am, sir, very respectfully, your obedient servant, DE WITT C. PETERS, Assistant Surgeon, U. S. .Ar.~ny. P. S.These sergeants inform me that the U. S. consul at Tampico refused them any assistance, and also declined to loan money on a val- uable watch which one of the mcii possessed, saying that theirs was a hopeless case and he had lost money enough. His name is Mr. Chase, and they represent him as being a wealthy man who is about return- ing to this city. They further say that the English consul and the cap- tain of the English steamer treated them with great kindness, and by them sonie acknowledgement would be appreciated. They also state that the Mexican authorities and people sympathize with the United States Government. Very respectfully, your obedient servant, DE WITT C. PETERS, Assistant Surgeon, U. S. Army. 5 R RSER IL, VOL Page 66 66 PRISONERS OF WAR, ETC. [Indorsernent.] FORT COLUMBUS, October 20, 1861. Respectfully referred to the Adjutant-General, with a strong recom- mendation of these sergeants to the consideration of the authorities at Washington for their zeal and patriotism in the cause of their country, ill hol)es some suitable reward will be bestowed upon them. G. LOOMIS, Colonel F~ft1i Infantry, Corn m anding. HDQRS. OF THE ARMY, ADJUTANT-GENERALS OFFICE, Washington, November 6, 1861 ~* Capt. E. D. PHILLIPS, First L. AS. Infantry. SIR: The general-in-chief directs that you immediately report to this office whether there is anything in the parole you have given to pre- vent your serving as in~trnctor in a camp which it is proposed to establish near this city for the instruction of volunteer officers. I am, sir, most respectfully, your obedient servant, A. BAIRD, Assistant Adjutant- General. WEST POINT, N. Y., November .9, 1861. Capt. A. BAIRD, Assistant Adjutant- General U. S. Arm i~. SIR: I have the honor to acknowledge the receipt of your letter of the 6th of November, instructing me to report whether there is any- thing in the parole which I have given which would prevent me from serving as instructor in a camp of volunteer officers. As I cannot doubt that the volunteer officers are destined peculiarly and exclusively for the present war I see not how I can consistently serve in the capacity indicated. At the same time I am anxious that the general- in-chief may be acquainted with my earnest desire to be exchanged and be permitted to participate in the most active service. I inclose herewith a copy of my parole, and have the honor, to be, sir, with much respect, your obedient servant, E. D. PHILLIPS, Captain, First Infantry. Inclosure.1 SALURIA, TEX., April 25, 1861. To THE AUTHORITIES OF THE CONFEDERATE STATES OF AMERICA: I give my word of honor as an officer and a gentleman that I will not bear arms nor exercise any of the fumictions of my office nuder any commission from the President of the United States against time Con- federate States of America during the existence of the war between the said Confederate States and the United States unless I shall be exchanged for other prisoner or prisoners of war, or until I shall be released by the President of the Confederate States. In consideration of the above parole it is understood that I am free to go and come when- * Same to several other officers surren(lered in Texas Page 67 THE TEXAS SURRENDER. 67 ever I may see fit, except that I shall not attempt to enter or depart from any fort, camp or garrison of the Confederate States without the sanction of its commanding officer. E. D. PHILLIPS, First Lieutenant, First Thfantry. SANDUSKY CITY, OHIo, November 14, 1861. ADJUTANT-GENERAL, Headquarters of the Army, Washington, D. 0. SIR: I have the honor to acknowledge the receipt of your letter of the 6th instant,* and beg leave to say in reply that I have heretofore officially declined to muster volunteers into service as being a duty in conflict with my parole; and the duty to which your inquiry relates in connection with volunteers being of a similar nature I am constrained to say that I could not consistently with my parole perform the service. Very respectfully, your obedient servant, W. HOFFMAN, Lieutenant- Colonel Eighth Infantry. HEADQUARTERS DEPARTMENT OF NORFOLK, November 19, 1861. Maj. Gen. JOHN E. WOOL, Corn mending Department of Virginia. SIR: I inclose herewith a communication for Asst. Surg. De Witt C. Peters releasing him from his parole, he having been exchanged for Asst. Surg. Wyatt M. Brown by order of Major-General McClellan. Very respectfully, your obedient servant, BENJ. HUGER, Major- General, Commanding. P. S.General Wool is requested to forward this letter to Colonel Dimick, commanding Fort Warren, Mass., as some of the surgeons released on parole inform me that Colonel D. states he could not pro- pose exchange of any surgeon, as Dr. De Witt C. Peters had never been released from his parole. BENJ. HUGER, Major- General. [Indorsement.] This arrangement was approved by myseit JOHN E. WOOL, Major- General. [Inclosure.] HEADQUARTERS DEPARTMENT OF NORFOLK, November 19, 1861. Asst. Surg. DR WITT C. PETERS, U. S. Army. SIR: I am authorized by the Government of the Confederate States to release you from the obligation you are under not to serve or exer- cise the functions of your office to the detriment of the States now at * See Baird to Phillips, p. 66 Page 68 68 PRISONERS OF WAR, ETC. war with the United States. Major-General McClellan having author- ized the release of Asst. Surg. Wyatt M. Brown, of the C. S. Ariiiy, on your receiving a similar release this fully effects a mutual exchange. Very respectfully, your obedient servant, BENJ. HUGER, Major- General, Commanding. HDQRS. OF THE ARMY, ADJUTANT-GENERALS OFFICE, Washington, December 26, 1861. Cot. J. I)DIIcK, U. S. Army, Commanding Port Warren, Boston, Mass. SIR: The general-in-chief directs that Col. J. A. J. Bradford, con- fined in Fort Warren as a prisoner taken in arms, be released on parole, to go via Fort Monroe to Norfblk, with the understanding that lie will then be exchanged for Col. William Hoffman, U. S - Army, now nuder parole. I am, sir, very respectfully, your obedient servant, L. THOMAS, Adjutant- General. ADJUTANT-GENERALS OFFICE, lVasltingtou, January 3, 1862. Hon. J. W. GRIMES, U. S. Senate, Washington, D. C. DEAR SIR: In reply to the letter of Mr. Jones,* I have the honor to state that I will use my best efforts to have the non-paroled officers and enlisted men now prisoners in Texas released at an early day. So soon as the rebels reply by returning Union nien for a imuniber of their own recently sent South it is the intention of the Department to take steps tending toward the release and return of all Union prisoners. I have taken a copy of Mr. Jones letter, with the object of submitting it to the Secretary of War, so that, if possible, the officers and men referred to may be among the first returned. 1 am, Sll~ & c.~ L. THOMAS. Adiutan t- General. WASHINGTON CITY, D. C., January -1, 1862. Brig. Gen. L. THOMAS, Adjutant-General U. S. Army, TVasliington, 1). C. GENERAL: 1 have the honor to submit for your consideration, and I trust for the approval of the Department, this earnest application that a transfer may be early made to the public enemy of such person now held as a military prisoner by the Government as shall secure my release from a similar condition; and that, if most expedient, authority mimay be granted me to tender to the enemy for such transfer the name and person of the party, at such time and place as shall be designated, or that I may be instructed in whatever other form of exchange shall macct the views of the Department. Should the Department decline to entertain my request, I res~)ectftilly ask that I may be included in the earliest exclmange of those prisoners ~Not found Page 69 THE TEXAS SURRENDER. 69 now held by the enemy in Texas, and I beg your indulgence in present- itig my reasons for making this request. Every officer remaining loyal in the command of Colonel Reeve (including myself) surreiidered in Texas, signed a parole of honor, by which tliey were given the limits of the so-called Confederate Confederacy. Every soldier who remained loyal of that command signed a parole giving them the limits of the conuty of Bexar, State of Texas. After the signing of such paroles the camp of the men constituting the command was removed eight miles from the city of San Antonio and away from the vicinity of their officers, who were, by this act and by virtue of the liberty of the parole which the men had sigimed, separated from their men, and by a special order issued in the premises (a copy of which is inclosed) the memi were placed exclusively nuder the charge of Confederate officers, while their own officers were removed from them and were not allowed to provide for or control them in any manner. Under these circumstances I believed it to be most proper to pre- sent muyself to the Department that I might be exchanged and again made useful. But in order to gain permission to leave the Confederate States a much more restricted parole was exacted in Richmond. In this whole matter I have acted with the sole desire of doing my duty in the best manner, and it is a source of extremne mortification to me that the Department does not consider that this has been accomplished; for I have never designedly turned my face from either duty or danger, and in this case have erred on the side of an active desire to perform what I considered to be demanded. With the highest respect, I remain, general, your obedient servant, H. M. LAZELLE, Captain, Eighth fl~antry, U. AN. Army. [Thclosure.] SPECIAL ORDERS,) HEADQUARTERS TROOPS IN TEXAS, No. 25. 5 San Antonio, June 8, 1861. I. The U. S. soldiers now held as prisoners of war in this city will be, on Monday next, moved froum their present quarters into camnp on or near the Salado River, at such point as may be selected by First Lieut. Edward Ingrahamn, C: S. Army, who, with Lieutenant Bradley and the cavalry company nnder his coinmam~d,is here by detailed as their guard. Lieutenant Ingrahaur will superintend the removal of these prisoners and see them properly encamped, provided for, and strictly guarded. Time officers are relieved from the further control of time men, and the company commanders will furnish these headquarters with copies of the ml)llster-rolls of their companies. By order of Col. Earl Van Dormm: T. A. WASHINGTON, Captain, Assistant Adjutant-General, C. S. Army. HDQRS. OF THE ARMY, ADJUTANT-GENERALS OFFICE, Washington, January 7, 1862. Maj. Gen. H. W. HALLEUK, Commanding Department of the Missouri, St. Louis, Mo. SIR: It is the desire of the Government that five of our officers and somne 240 rank and file of the Eighth Infantry, detained as prisoners in Texas, should be exchanged for any prisoners taken in armns by u Page 70 70 PRISONERS OF WAR, ETC. either in Missouri or elsewhere. The names of the officers are: Maj. and Byt. Lieut. Col. J. V. Bomford, Sixth Infantry; First Lieut. W. G. Jones, Tenth Infantry; Capt. Z. it. Bliss, Eighth Infantry; First Lient. J. J. Van Horn, Eighth Infantry; and First Lieut. H. T. Frank, Eighth Infantry. You are authorized to take any steps which will not commit the Government of the United States toward bringing about the release of these officers and men. I am, sir, very respectfully, yonr obedient servant, L. THOMAS, Adjutant-General. DAYTON, OHIO, January 7, 1862. Major-General HALLECK, U. S. Army. DEAR SIR: Without the honor of a personal acquaintance, I beg leave thus to address you upon a subject very near to my heart. I left, in and near San Antonio, Tex., some 300 prisoners of war, shamefully but unavoidably captured under Colonel Reeve, at Adams Hill, in May last. The absolute inevitableness of their surrender, and the unexaml)led constancy iii loyalty of these men, and the worth of their unfortunate officers (well known, l)erhaps, to you), constitute, in my opinion, strong grounds for the interposition of our Government in their behalf. And inasmuch as your Department must be incumbered by the care of your prisoners of war, and may need the service of such competent and faithful officers, as well as of such well-disciplined and loyal soldiers, I beg leave to suggest an exchange of an equal number of yours for them through the correspondent department of Ben. McCulloch. Trusting that you will not deem this request an impertinence, but actuated by my zeal in the cause of our country and by my earnest friendship for these unfortunate sufferers, I hope you will find their case worthy of your interest and suscel)tible to your relief. I am, sir, very truly yours, & c., CHARLES ANDERSON. HDQURS. OF THE ARMY, ADJUTANT-GENERALS OFFICE, Washington, January 10, 1862. Maj. Gen. J. E. WooL, U. S. ARMY, Gorndg. Department of Southeast Virginia, Port Monroe, Va. SIR: The general in-chief desires that you propose an exchange between Col. J. A. J. Bradford, of North Carolina, and Lieut. Col. Wil- lianm HofiThan, Eighth Infantry, so that they may be mutually released from their paroles. lam, sir, & c., L. THOMAS, Adjutant- General. HEADQUARTERS DEPARTMENT OF ViRGINIA, & C., Fort Monroe, Va., Jan nary 10, 1862. Maj. Gen. B. HUGER, Commanding at Norfolk, Va. GENERAL: * * * I would propose for exchange tIme names of LNIaj. and Bvt. Lieut. Col. J. V. Bomford, Sixth Imifantry; First Lieut Page 71 THE TEXAS SURRENDER. 71 W. G. Jones, Tenth Infantry; Capt. Z. R. Bliss, Eighth Infantry; First Lieut. J. J. Van Horn, Eighth Infantry, and First Lient. H. T. Frank, Eighth Infantry, now detained as prisoners at Texas, all of whom, if released on parole, I have no doubt would procure the exchange of a similar number of Southern officers of like rank now in charge of the Federal Government. I would propose in the same way the exchange of the men of the Eighth Infantry now in Texas. If Lient. James T. Lasselle, Lieutenant Allen, and Adjt. John W. Pool, now at Fort Warren are of the same rank as First Lieut. W. G. Jones, Tenth Infantry; First Lient. J. J. Van Horn, Eighth Infantry, and First Lient. H. T. Frank, Eighth Infantry I would propose an exchange with those officers, or any of them. Very respectfully, your obedient servat, JOhN E. WOOL, Major- General. SAINT Louis, January 12, 1862. CHARLES ANDERSON, Esq., Dayton, Ohio. SIR: I have often asked for authority to exchange prisoners of war, but have not received any answer, except in two special cases. With- out proper authority I cannot act in this matter. Very respectfully, your obedient servant, II. XV. HALLECK, Major- General. No. 80 CLiNTON PLACE, NEW YORK CITY January 12, 1862. General L. THOMAS, A(ljutant-Gefleral U. S. Army, Washington, D. (1. GENERAL: I had the honor of receiving only yesterday a copy of the instructions of the general-in-chief, * in relation to an exchange of Col- onel Bradford and myself, and I cannot refrain from expressing my grateftil obligations for the consideration and the satisfaction I feel at the prosp& t it holds out to me of soon being permitted to take part in the active and arduous services which now engage the army. What- ever position I may be called on to fill will coiumand iiiy utmost abili- ties and a soldiers devotion in sustaining the honor of our flag and the cause of the Union. Very respectfully, your obedient servant, W. HOFFMAN, Lieutenant- Colonel Eighth Inflintry. SAINT Louis, January 12, 1862. Brig. Gen. L. THOMAS, Adjutant- General of the Army, Washington. GENERAL: Your letter of the 7th iii relation to the exchange of cer- taiim prisoners in Texas is received, bnt I do not understand its mean- ing in this: that I am not to commit the Government. If by this it is See Thomas to Dirnick, December 26 Page 72 72 PRISONERS OF WAR, ETC. meant that I am to act ill an unofficial capacity, 1 mnst respectfully decline doing so. I cannot negotiate the exchange of prisoners except in my official capacity as an authorized agent of the United States. Neither General Polk nor General Price have charge of the prisoners in Texas, and must refer any propositioii of mine to their Government. Am I authorized to open negotiations with either of these gentlemen for the exchange of prisoners of war? If permitted to do this I can effect the exchange of others, and possibly of those now in Texas. * * * * * * * Very respectfully, your obedient servant, H. W. HALLECK, Major- General. HDQRS. OF THE ARMY, ADJUTANT-GENERALS OFFICE, Washington, January 16, 1862. Hon. GIDEON WELLES, Secretary of the Nary. SIR: In reply to your letter of the 10th instant* I have the honor to inform you that the exchange of Lient. W. G. Jones and Assistant Surgeon Lynde, U. S. Army, will be agreeable to the War Department. With the papers returned in your letter, herewith inclosed, at your request, I respectfully forward a copy of a lettert to Colonel I)iinick, of the 10th instant, in relation to the exchange of Lieutenant Dalton, late U. S. Navy, and Captain Tansill and Lieutenant Tattuall, late of the U. S. Marine Corps. I have the honor, & c., L. ThOMAS, A~jutant- General. FORT WARREN, BOSTON HARBOR, January 16, 1862. General L. THOMAS, Adjutant- General, Washington, D. C. SIR: I inclose a histt of prisoners paroled from this post from 13th December to 16th January to be exchanged. I have also to report that I have sent a message to General lInger, through Commodore Barron, offering to parole the whole of the North Carolina prisoners, in exchange for the officers and men of the IT. S. Infantry now held in Texas, and the excess of the North Carolina prisoners over the number of the infantry in Texas to be exchanged for any other prisoners of ours in confinement South. I think General Huger will acceed to my prop- osition; if lie does 1 shall consider myself authorized by your letter of the 9th to send the North Carolina prisoners off without further orders. I paroled Captahi Tansill for Captain Bliss, of the Eighth in- fantry, on the 10th. On the 14th I received yours of the 10th order- ing his exchange for Captain Manson, Seventy-ninth New York. This morning I have paroled Julian Myers, late of the Navy, fom Capt. Z. 11. Bliss, of the Eighth Infantry. I am, sir, very respectfully, youi- obedient servant, J. DINIICK, Colonel First Artillery, Commanding Post. * Not found. t Omitted Page 73 THE TEXAS SURRENDER. 73 hEADQUARTERS DEPARTMENT OF VIRGINIA, & u., Fort Monroe, Va., January 16, 1862. Maj. Gen. B. HUGER, Commanding at Norfolk, Va. GENERAL: * * * I would propose, if agreeable, an exchange between Col. J. A. J. Bradford, of North Carolina, and Lieut. Col. William Hoffman, Eighth U. S. Infantry, so that they may be mutually released from their paroles. 1 am, very respectfully, your obedient servant, JOHN E. WOOL, Major- General. HEADQUARTERS DEPARTMENT OF VIRGINIA, & c., Fort Monroe, January 17, 1862. Maj. Gen. B. HUGER, Commanding at Norfolk, Va. GENERAL: I send herewith by flag of truce the following-named prisoners of war, who are permitted to return South on the conditions specified in each ease: * * * * * * * Robert Tansill, on parole for forty-five days, unless within that time Capt. Zenas It. Bliss, U. S. Army, shall be unconditionally released and put at liberty at Fort Monroe, Va. * * * * * * * On the above conditions beimig complied with the l)arties interested will consider themselves released from their parole. I am, very respectfully, your obedient servant, JOHN E. WOOL, M(t,or- General. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., January 18, 1862. Maj. Gen. B. HUGER, Commanding at Norfolk, Va. GENERAL: By the flag of truce this day you will receive the follow- ing--named persons: * * * * * * * 3. First Lieut. Thomas H. Allen, ordnance, who is on parole for forty- five days, unless within that time First Licut. H. T. Frank, Eighth U. S. Infantry, be unconditionally released and put at liberty, at Fort Monroe. * * * * * * * 8. W. M. Page (also omitted in my letter yesterday, but sent) is on pai-ole for thirty days, unless within that time Asst. Surg. Dc Witt C. Peters, U. S. Army, shall be unconditionally released from his l)arole of honor ; but should Surgeon Peters be already released then he is to effect the unconditional release of Assistant Surgeon Coiinolly, New York Volunteers. On all the above conditions being complied with the parties interested will consider themselves released from their parole. * * * * * * * Very respectfully, your obedient servant, JOHN E. WOOL, Major- General Page 74 74 PRISONERS OF WAR, ETC. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., January 19, 1862. Maj. Gen. B. HUGER, Commanding at Norfolk Pa. GENERAL: I send herewith by flag of truce the following persons: T. S. Wilson, who is on parole for forty-five (lays, unless within that time First Lieut. XV. G. Jones, Tenth U. S. Infantry, be unconditionally rele~scd and put at liberty, at Fort Monroe, Va. * * * * * * * Very respectfully, your obedieii t servant, JOHN FL WOOL, Major- General. HDQRS. OF THE ARMY, ADJUTANT-GENERALS OFFICE, Washington, January 20, 1862. Maj. Gen. H. W. HALLECK, U. S. Army, Comdg. Department of the Missouri, ASaint Louis, Mio. SIR: In reply to your letter of the 12th instant in relation to exchange of prisoners, I have respectfully to inform you that the inteu- tion is not to commit our Government by formally acknowledging the existence of a government in the so-called Confrderate States. The mode you iudicate of negotiating with generals on the other side is now successfully carried out by General Wool with General linger, and you are authorized to effect the exchange of any of our prisoners in this manner. It is important, however, to have as accurate a record as possible of the prisoners released by us, and a telegram was sent you to request you wonld furnish a list of those in your custody, with their respective rank. I am, sir, very resDectfully, your obedient servant, L. THOMAS, Adjutant- General. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., January 20, 1862. Maj. Gen. B. HUGER, Commanding at Norfolk, Va. GENERAL: I am desired to propose to you that Capt. W. D. Farley, aide to General Bonham, and Lient. F. de Caradine, held in Washing- ton as prisoners taken in arms against the United States, shall be released and sent to Norfolk, on condition that Capt. J. H. Potter, Seventh U. S. Infantry, and Lieut. H. M. Lazelle, Eighth Infantry, shall be released from their parole. Very respectfully, your obedient servant, JOHN E. WOOL, Alajor- General- HEADQUARTERS DEPARTMENT -OF NORFOLK, Norfolk, Va., January 20, 18(52. Col. J. DIMICK, Commanding at Fort Warren. SIR: Some of the released prisoners from Fort Warren stated that you had not received notice of the release of Dr. De Witt C. Peters in exchange for Dr. Wyatt M. Brown. I have sent General Wool Page 75 THE TEXAS SURRENDER. 75 copy of my letter of November 19, fully releasing Doctor Peters from his parole, and requesting it might be forwarded to him. I now ask General Wool to forward the letter to you. * * * * * * * With the highest respect, your obedient servant, BENJ. HUGER, Major- General. HEADQUARTERS DEPARTMENT OF VIRGINIA, & C., Port Monroe, January 22, 1862. Maj. Gen. B. HUGER, Commanding at Norfolk, Va. GENERAL: I herewith transmit a statement of exchanges that have been effected and of those that are now pending, as I understand them: Exchanged: Asst. Snrg. De Witt C. Peters, U. S. Army, released and forwarded to Fort Monroe, Va., November, 19, 1861, in exchange for Asst. Snrg. Wyatt M. Brown, who was forwarded to Norfolk, Va., November 12, 1861. * * * * * * The following exchanges are now pending: Lient. T. II. Allen, North Carolina Artillery, forwarded to Norfolk, January 18, 1862, to be exchanged for First Lient. It. T. Frank, Eighth Infantry. * * * * * * * T. S. Wilson, forwarded to Norfolk, January 19, 1862, to be exchanged for First Lient. W. G. Jones, Tenth U. S. Infantry. The above officers, in the event of their failing to procure the exchanges specified, are to return to Fort Warren on the expiration of their respective paroles. * * * * * * * In ol)cdience to instructions I have proposed the following Federal officers may be exchangedMajor and Brevet Lieutenant-Colonel Bomn- ford, Sixth Infantry; Capt. Z. It. Bliss, Eighth Infantry; First Lient. J. J. Van Horn, Eighth Infantrywith officers of the same rank nowiu our hands. I have also Proposed the exchange of Col. J. A. J. Brad- ford, North Carolina Volunteers, for Lient. Col. William hoffman, Eighth Infantry, Capt. W. D. Farley, aide-dc-camp, for Capt. J. H. Pot- ter, Seventh U. S. Infantry, and Lient. F. de Caradiiie for Lient. II. lvi. Lazelle, Eighth U. S. Infantry. Very respectfully, your obedient servai it, JOHN E. WOOL, Major- General. hEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, ITa., January 23, 1862. Maj. Gen. B. HUGER, Commanding at Nomfolk, Va. GENERAL: I send herewith by flag of truce H. B. Claiborne and Dulaney A. Forrest, prisoners of war, who are permitted to go South on parole for forty-five days, unless within that time Maj. James V. Bom- ford, Sixth Infantry, U. S. Army, be unconditionally released and set at liberty, at Fort Monroe, in which event the first-named officers may consider themselves discharged from their parole. Very respectfully, your obedient servant, JOHN E. WOOL, Major- General Page 76 76 PRISONERS OF WAR, ETC. HEADQUARTERS DEPARTMENT OF VIRGINIA, Port Monroe, Va., January 24, 1862. Brig. Gen. L. THOMAS, Adjutant- General U. S. Army. GENERAL: In order to complete the list of exchanges, it may be proper to state that the following exchanges had been effected previous to those named in my communication of the 21st instant: (1) For Col. J. A. J. Bradford, North Carolina Volunteers, Bvt. Col. D. T. Chandler, U. S. Army; (2) for (Jol. William F. Martin, North Carolina Volunteers, Col. C. A. Waite, First Infantry; (3) for Lieut. Col. G. W. Johnston, North Carolina Volunteers, Lient. Col. Govern- enr Morris, First Infhntry; (4) for Lieut. Col. Charles II. Tyler, Lieut. Col. A. Albert; (5) for Major W. S. G. Andrews, North Carolina Vol- nnteers, Maj. J. T. Sprague, Eighth [First] Infantry; (6) for Captain Clements, ~orth Carolina Volunteers, Capt. W. L. Bowers, First IThode Island Volunteers; (7) for Captain Cohoon, North Carolina Volunteers, Capt. Ralph Hunt, First Kentucky Regiment; (8) for Lieutenant Shan- non, North Carolina Volunteers, First Lieut. S. R. Knight, First Rhode Island Volunteers; (9) for Lieutenant Lamb, North Carolina Volun- teeis, First Lient. Walter B. Lees, Seventy-ninth New York Volnnteers. These nine officers, with Captain iRicketts, First Artillery, previously exchanged for Capt. J. A. de Lagnel, complete the whole list of 250 offi- cers and men released by the Federal Government. It will be seen that an officer has already been exchanged for Col. J. A. J. Bradford, and therefore some other officer of like rank should l)e proposed in exchange for Col. XVilhamn Hoffman. * * * * * * * I am, very respectfully, your obedient servant, JOHN E. WOOL, Major- General. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., Jan nary 24, 1862. Maj. Gen. B. HUGER, Commanding at Norfolk, TTa,. GENERAL: I send herewith by flag of truce the following persons: A. D. Wharton, a prisoner of war, who is on parole for forty-five (lays, unless within that time First Lient. James J. Van Horn, Eighth U. S. lufantry, be unconditionally releasedand put at liberty, at Fort Monroe, Va.; H. A. Gilliam, North Carolina Volnnteers, a prisoner of war, who is on parole for thirty days, unless within that time Maj. I. V. 1). Reeve, U. S. Army, shall be unconditionally released from his parole of honor; but should Major Reeve be already released, then he is to effect the uncon(litional release of Maj. C. C. Sibley from his parole of honor. * * * * * On the above conditions being complied with the l)arties intereste(I will consider themselves released from their parole. Very respectfully, your obedient servant, JOHN E. WOOL, Major- General Page 77 THE TEXAS SURRENDER. 77 FORT WARREN, BOSTON HARBOR, January 25, 1862. General L. THOMAS, Adjutant- Geui era 1, U. S. Army. SIR: I have just received the following answer by letter from Gen- eral Huger to the message I sent him relative to exchanging theNortli Carolina prisoners of war for the U. S. troops in Texas: My Government is willing and anxious to exchange prisoners on fair terms, and as the authorities at Washington have permitted it iii certain cases I beg your assist- ance in making it general, and thus aid the cause of humanity and civilization. In another part of his letter he says: With your assistance, colonel, I hope we can do mnch to relieve needless suffering to onr fellow-countrymen. Being therefore certain of a reciprocal exchange of the prisoners of war now here I shall immediately require transportation for them by sea to Fort Monroe, to be sent to Norfolk for exchange, viz, 4 captains, 2 first lieutenants, 8 second lieutenants, 4 third lieutenants, and about 370 rank and file. The four colored nien are very desirous of returning to their families in North Carolina. I shall therefore send them unless I receive further instructions relative to them. Three of them are certainly free and have families South. The third maii is believed to be a slave, yet he is very anxious to go home; he has been to me often begging me to send him home on the first opportunity. I am, sir, very respectfully, your obedient servant, J. DIMICK, Colonel First Artillery, Commanding Post. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., January 27, 1862. Brig. Gen. L. THOMAS, Adjutant- General U. 8. Army, lVashington, D. C. GENERAL: Major-General Huger has been directed to offer Col. William Hoffman for Captain Barron, C. S. Navy. * * * * * * * I am, very respectfully, your obedient servant, JOHN E. WOOL, Major- General. FORT WARREN, BOSTON HARBOR, January 27, 1862. General L. THOMAS, Adjutant- General U. S. Army, Washington. SIR: I return Captain Barrons application for a l)arole,* with the suggestion that he should be paroled to be exchanged for his equivalent in regular soldiers. Supposing the force in Texas to be exchanged to be 250 men, the command to be composed of six companies, their equivalent in privates would be 350. Commodore Barrons equivalent in privates would be about 480, allowing 30 privates for a captain, and * Omitted Page 78 78 PRISONERS OF WAR, ETC. so doubling up to a brigadier-general, which I understand to be the rank of Commodore Barron. The inclosed list of paroled officers will show that regular officers now in Texas as prisoners of war have been provided with exchanges which will hardly be refused, being princi- pally officers lately belonging to the Navy. I am, sir, very respectfully, your obedient servant, J. DiMICK, Colonel First Artillery, Commanding Post. [Inclosure.] List of prisoners paroled for officers of the Regular Army by Colonel Dimick.* FORT WARREN, January 26, 1862. Thomas II. Allen, lieutenant, ordered paroled to be exchanged for R. T. Frank, first lieutenant, Eighth Infantry, U. S. Army; Julian Myers, late U. S. Navy, paroled to be exchanged for Zenas R. Bliss, Eighth Infantry, U. S. Army; T. S. XYilson, late lieutenant U. S. Marine Corps, paroled to be exchanged for W. G. Jones, Tenth Infantry, U. S. Army; A. D. Wharton, late U. S. Navy, ordered paroled to be exchanged for J. J. Van Horn, Eighth Infantry, U. S. Army; W. H. Ward, late U. S. Navy, paroled to be exchanged for F. E. Prune, captain, Engineers, U. S. Army; D. A. Forrest and H. B. Claiborne, late U. S. Navy, paroled to be exchanged for J. V. Bomford, major Sixth Infantry, U. S. Army; William Biggs, second lieutenant, North Carolina Volunteers, and H. C. Holt, Georgia Volunteers, paroled to be exchanged for William E. Merrill, lieutenant, Engineers, U. S. Army; H. A. Gilliam, major, North Carolina Volnnteers, paroled to be excbamiged for Major Reeve, U. S. Infantry, or Major Sibley in case Reeve is released. J. D1MICK, Colonel First Artillery, Commanding Post. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., January 27, 1862. Maj. Gen. B. HUGER, Commanding at Norfolk, Va. GENERAL: I agree to the exchange of Colonel Hoffman and Captain Barron. I will immediately apply for Captain Barrons release on parole provided you will do the same in regard to Colonel HofiThan. Very respectfully, your obedient servant, JOHN E. WOOL, Major- General. HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., January 29, 1862. Maj. Gen. JOHN E. WooL, Commanding Department of Virginia. SIR: I am authorized to offer Lieutenant-Colonel Bomford in exchange for Lieutenant-Colonel Pegram. * * * The proposal to exchange Maj. H. A. Gilliam, North Carolina Volunteers, for Maj. I. V. D. Reeve, U. S. Army, or Maj. C. C. Sibley, IT. S. Army, is declined, but an offi *Authority, letter Adjutant-Generals Office, January 9, 1862 Page 79 THE TEXAS SURRENDER. 79 cer of volunteers of equal rank will be given for him. * * * I will offer for Mr. l)nlaney A. Forrest, late U. S. Navy, and Mr. II. B. Clai- borne, late midshipman, U. S. Navy, Maj. D. H. Vinton. U. S. Army. I think it due to Major Vinton to state that I am informed upon what seems to be good authority that while under his parole given in Texas he has been and is now in the service of the United States at West Point, thus releasing other officers for active duty. 1 shall be glad to know that this is a mistake. * * * Lieut. William G. Jones, U. S. Infantry, has been ordered here from Texas and on his arrival will be offered for Lieutenant Sayre, C. S. Marines,now on parole. By command of Major-Geiieral Huger: BENJ. HUGER, JR., Captain and Assistant Adjutant- General. DAYTON, OHIo, February 7, 1862. Hon. EDWiN M. STANTON, Secretary of War. DEAR SIR: I was compelled by the necessities of my private affairs to leave Washington without the conference with yourself aiid General McClellan on Texas affairs which you both desired. As I wrote my information and views quite at length in the two papers J mentioned, and do not suppose that any mere additions or retractions would materially change that testimony, I do not suppose this omission to make any great loss to the public service. But I had another item o~ brief business which it was my purpose in our expected interview to nave laid before you. It was the case of the U. S. prisoners captured at Allens Hill, near San Antonio, Tex. I know their fate to be a hard and undeserved one, and I so much think that any farther neg- lect of them would be a cruelty and injustice wholly inexcusable, thai4 I have ventured to write the following letter to the Adjutant-General. Of course not the slightest implication of censure upon his depart- ment is intended or can be drawn from this letter. I inclose a copy for your perusal only because the time in copying it here is so much less valuable than yours in sending for the original. I tried to get to see Governor Fish to explain their cause to him, but failed in my efforts. General Halleck writes me that lie has asked permission to make such exchanges. I am, very sincerely, your friend, CHARLES ANDERSON. [Inclosure.] I)AYTON, OHIO, February 1862. General LORENZO THOMAS, U. S. Army, Adjutant- General, di,c. DEAR SIR: A day or two before I left Washington I heard several remarks in military circles indicative of an opinion that the refusal of the officer prisoners (who were captured at Allens Hill, and are now at San Antonio) to accept their paroles was neither meritorious in them nor of utility to others. I do not allow myself to base any important action on merely vague rumors or opinions. But as I feel the deepest solicitude for these gentlemen on every ground, I am not willing to withhold from the proper authorities my positive knowledge to the con- trary of those remarks Page 80 80 PRISONERS OF WAR, ETC. At first the soldiers were quartered in the town and near the quarters of their officers. Whereupon complaints arose amongK the rebel officers and their partisans that our officers prevented by various influences the soldiers from deserting our flag and enlisting in the traitor cause. And I know that these charges were true. The result was that after much censure and even threats toward our officers the soldiers were removed into a camp on the Salado, some seven miles distant. For awhile their officers were permitted occasionally to visit them. I cannot now say whether they were allowed to see them apart from their guards; I think not. But I do know that they had con- munication from that camp with the officers, for I myself have borne messages from the men in the country to the officers which showed the utmost confidence between them, as the first news of the desertion of the four sergeants. At this camp, as in town, every kind of exertion was used to get these men to enlist, and with little effect; and the opinion and complaint were still general that the vicinage and influ- ences of the U. S. officers alone prevented their general enlistment in the Confederate cause. They were then removed from the Salado camp, wholly on this account, and sent some fifty miles away to Camp Verde. I have for. gotten the date of this removal, although I rode several miles with them on their march, and had a chance to talk with one of the best of men, Sergeant Brady. I think, however, it was in September. And I again say that I know that these men were greatly braced in their extraordinary firmness of faith to our cause and hatred for that of disunion by the example, presence, and sharing of their fate by the officers who remain as near to them as they caim. And I think that these influences are practically of great value, even at the distance of their present separation. And I furthermore believe that if these officers had come away to tIme States that mime-tenths of these soldiers (instead of one-tenth) would have deserted and joined the rebels. So much for the usefulness ot that actiomi in this behalf; a word of testimony as to its merits. And here again I was an eye and ear wit- ness. In very many conversations I had with these officers on this very subject (and they were so macli my only society that I was often scolded by my Uniomi friends and threatened by my disunion enemies for my imprudent intimacies with them) they invariably assigned these influences on their men as the chief canifo of their staying in San Antonio. Sometimes (in my sympathy for their painful positions there) I argued in favor of their taking parole, admonishing them that out of sight, out of mimid, & c. But they as often silenced me by the single argument that if they did the men would join the rebels. I say, therefore, that the comiduct of these officers in refusing their paroles has been and is of great merit and usefulness. I do not, on the other hand, desire now so much to censure those offi- cers who came away as to say that they ought not to be exchanged. Since I have admitted that I myself occasionally advised my friends to do likewise I must admit that I think it would be hard for a mistake so natural to punish them so incommensurately. Still I do insist that my advice and their action was a mistake, and that the conduct of the other officers, instead of being nothing, as I heard said, has been very loyal, wise, and noble. On the subject of time general merit of all the Allemis Hill l)risoners and their treatment by their ~overnmnent I cammnot forbear to say a word. I am sure that no one who was present as a witness to that whole affair (however high his standards of loyalty, bravery, or self-sacrifice may be) can believe that there was any, th Page 81 THE TEXAS SURRENDER. 81 slightest, cause of censure to any of the officers or men for that sur- render. I wanted them to fight. And some of the subaltern officers were hot fbr fight. Nevertheless, fighting would have beemi mere blind rage and frenzied patriotism; nothing more. I knew so then and know it now. The simI)le truth is that whoever may throw obstacles in the way of the recovery of these officers and men for useftul service to a flag to which they have shown so much devotion does great injustice to the service and perpetrates cruel ingratitude and neglect to as brave and loyal a body of troops as are now or have been in the field. Excuse inc if I obtrude unsolicited or undesired information upon your office, but as [chanced to hear (from one who made them) that efforts had been made to underrate the services and sufferimigs of my colleagues iii exile I will not allow mere delicacies of sentiment or custom to prevent my speaking out my mind and heart hilly. This I do without the least knowledge of your action in the premises, and, of course, without the least purpose of complaint or censure. I am, very sincerely, yours, & c., CHARLES ANDERSON. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort ]Jlonroe, Va., February 13, 1862. Maj. Gen. B. HUGER, Commanding at Norfolk. Sin: Col. John Pegram, who was released on his parole on condition of returning to Fort Monroe by the 15th of Febrnary, if he did not pro- enre the release of Colonel Willcox* or Lieutenant-Colonel Bomford informs me that Lieutenant-Colonel Bomnford has been sent for and will be released in exchange for Colonel Pegram, when he arrives. You will please semmd Colonel Pegramn authority to renmain at Iticlimnond until Colonel Bonmtbrd arrives. I am, very respectfully, your obedient servant, ~JOHN E. WOOL, Major- GYneral. SANDUSKY, Ouio, March 13, 1862. Hon. E. M. STANTON, Secretary of War. Sin: I desire very respectfully to ask the attention of time Secretary of War to time following matter which is of deep personal interest to mime. From the time of my return from Texas in April last in time unfortunate position of an officer on parole I did not cease to impor- tune the Department for such service as my parole would permit me to perform till at length I obtained it, all the time entertaining the hope that some fortunate chance might bring about my exchange. In Octo- ber I asked that I might be permitted to go to Fort Columbus and say to Colonel Bradford, a prisoner of war, that if he would ol)taimm my release fromu parole he should be set at liberty, but my request was not granted. Early in January I was surprised and much gratified to learn that by order of the general-ut-chief Colonel Bradford had been released from Fort Warren with the understanding that line was to go to Nor- Wilicox was held as a hostage for the Confederate privateersmen. 6 R RSER II, VOL Page 82 82 PRISONERS OF WAR, ETC. folk and there effect an exchange for me. I at once wrote Io the Adju- tant-General expressing my gratitude for the consideration which had been shown me and my anxiety to join the army in the field. I was then in New York, and not doubting that I would receive orders in three or four days I took immediate measures to be prepared for a speedy summons to active service. Day after day I was disappointed, nntil I gave up all hope, attributing the failure to a want of integrity in Colonel Bradford. About two weeks since I received a note from Commodore Barron, a prisoner at Fort Warren, in which he informed me that he had learned throngh a friend in Richmond that he was to be exchanged for me, and I immediately urged in a letter to the Adju- tant-General this exchange might be sanctioned. To-day I have had the extreme mortification to hear that it has not beemi through a want of integrity on the part of Colonel Bradford that I have not been exchanged, but because he was sometime since exchanged for Major and Brevet Lieutenant-Colonel Chandler, recently promoted to the rank of major and still more recently as announced in the newspapers placed on the retired list. The slight put upon me as an officer by this proceeding is so palpable that I would show myself unworthy the positiomi I hold in the army if I could hesitate a moment to express my profound humiliation at the wrong which has been done me. I need not enlarge upon it. You can well understand what I ought to feel under the circumstances, and my only object in troubling you is that you may be assured I fully appre- ciate the indignity. I have the honor to be, very respectfully, your obedient servant, W. HOFFMAN, Lieutenant- Colonel Eighth Infantry. DEPOT QUARTERMASTERS OFFICE, Washington, D. 0., March 19, 1862. Hon. E. M. STANTON Secretary of War, Washington, D. C. SIR: I have the honor to lay before you a copy of a letter (marked A) from the Hon. F. P. Blair, chairman of the Military Committee of the House of Representatives, calling upon me for a complete list of offi- cers serving in Texas who were arrested and who left the country on parole, as well also as the circumstances attending their arrest. The arrests having been made at different times and at different localities, I cannot furnish all of the information required from personal knowl- edge. Moreover, a complete history of the treason of General Twiggs in Texas being a matter of official record at the War Department, as will be seen from his published orders and the detailed report of Colonel Waite, U. S. Army, his successor in conmman(l of that department, I deem it a matter of etiquette to refer the Military Comrnnittee through you to that rel)ort rather than submit for their action the statement of an officer so macli the junior of Colonel Waite in years and rank. The accompanying papers from B to F are transmitted as bearing on my individual case, and are respectfully submitted for consideration. I am, sir, very respectfully, your obedient servant, EDWARD L. HARTZ, Captain and Assistant Quartermaster, U. S. Army Page 83 THE TEXAS SURRENDER. 83 [Inclosure A.] COMMITTEE ON MILITARY AFFAIRS, HousE OF REPRESENTATIVES, February 13, 1862. Captain HARTZ, Quartermasters Department. CAPTAIN: You are respectfully desired by the Coimnittee on Military Affairs of the House of Representatives to furnish at an early moment a complete list of the officers taken prisoners iii Texas giving their parole, together with a statement of circumstances under which said parole was given. Respectfully, FRANK P. BLAIR, Oh airman. [Inclosure B.] SAN ANTONIO, TEX., April 25, 1861. Lient. E. L. HARTZ, Eighth Infantry, San Antonio. SIR: Having been forcibly seized on the 23d instant by an armed force of Texas troops, and having since given your parole, you will proceed to the headquarters of the Army and report yourself in person to the general-in-chief. 1 am, sir, very respectfully, your obedient servant, C. A. WAITE, Colonel, U. AS. Army. [Inclosure C.] HEADQUARTERS C. S. ARMY IN TEXAS, San Antonio, April 26, 1861. To ALL GUARDS, PATROLS, CITIZENS, AND ALL CONCERNED, WITHiN THE LIMITS OF THE CONFEDERATE STATES: The bearer, First Lieut. E. L. Hartz, Eighth Infantry, a prisoner of war on his parole of honor, is here by permitted to pass through each and any of the Confederate States without let or hindramice or moles- tation of any kind whatever. S. MACUN, Major Ii~fantry, C. S. Army, Commanding. [Juclosure B.] SAN ANTONIO, TEX., April 26, 1861. Lient. E. L. HARTZ, Adjutant Eighth Infantry, San Antonio, fLex. SIR: Col. C. A. Waite directs that you remain at San Antonio, or wherever the U. S. soldiers, prisoners of war who are now here may be quartered, for the purpose of attending to their various wants. In compliance with an understanding had by Colonel Waite with Major N aclin this morning, you will report to the latter, who will provide you with written authority to visit the troops. When your services can be of no further use to the troops I am directed by the colonel to say that you ~vill be at liberty to avail yourself of the order of the 25th instant to repair to the headqnarters of the Army. I am, sir, very respectfully, your obedient servant, W. A. NICHOLS, Assistant Adjutant- General Page 84 84 PRISONERS OF WAR, ETC. Llnclosure E.] HEADQUARTERS C. S. AR~iY, & n Antonio, Tax., April 2% 18G1. Colonel WAiTE, U. S. Army, Present. COLONEL: I understand that Lient. E. L. hartz, Eighth Juftintry, visited Captain Lees company on yesterday and exhorted them to be true to their allegiance to the United States, & c. When I granted leave to visit the company 1 did not expect such a course would be pursued. I am compelled, therefore, to forbid any visiting, only in company with an officer of the C. S. Army. When the men are to be visited Capt. James Duff will accompany the officer, or some other officer will be detailed by him. Your obedient servant, S. MACIAN, HEADQUARTERS C. S. Tu.oops iN TEXAS, S(Ut Antonio, Tax., May 2~ 1& i. Lient. E. L. HARTZ. SIR: Having determined to retain the troops of the Eighth Infantry as prisoners of war, you are at liberty to avail yourself of the privilege granted you in your parole of honor, as you can be no longer of any use to them. Certificates will be given you of the seizure of the public property you had in your charge. N cry respectfully, sir, I am, your obedient servant, EARL VAN l)ORN. (Jolonel, Corn man (tiny Conje(lera ta Forcas. ADJUTANT- GENERALS OVFJCF Washington, March 22, 1562. Col. C. A. WAITE, First I~fan try, Commanding, & c., Plattsb a rg, N. Y. COLONEL: Ineffectual search having been nla(le in this office for your letter dated Washington, May 25, 1861, respecting the officers seized by the rebel forces in Texas, terms of their parole, and inclosing papers showing the course pursued toward the capturcd and circuin- stances under which they were made I)risoners, & c., I have to request you will please forward a copy (if iii your power to (10 so) as early as practicable. 1 am, & c., V. 1). TOWNSEND Assistant Adjnta ii t- (3 anara 1. PLATTSBUR IN N 11(0 Cit AS 1(562. ADJUTANT-GENEnAL U. S. ARMY, Washington, I). C. Sin: In compliance with your letter of the 22d instant I in close here- with as correct a copy* as 1 can hirnish of the communication I addressed to the Adjutant-General of the Army on the 25th of May last. The rough draft of that letter was prepared in great haste, on the Omitted here. See Waite to Adjutant-General, May 25, 1861, with iaclosur~s, pp. 4348 Page 85 TILE TEXAS SURRENDER. 85 morning of the day it was understood a Cabinet council wonid assemble, which it was exl)ected would take into consideration the course pur- stied by the State of Texas and the condition of the 1)aroled officers. It was considered important to have the letter handed in and passed ill) to the Secretary of War before the council met. Colonel Nichols assistant adjutant-general, made the fair copy, and fearing that if too lono it would not be read some parts were omitte(1 and other changes made which have escaped my recollection. I think, however, if this copy should be compared with the one sent to your office no very material discrepancies would be found. The laver marked A must have been the original letter, and I do not recollect its contents nor from whom received. I did not retain a copy. I think the papers herewith, numbered 1 and 2, are duplicates ot the documents referred to as marked B and C. I understood that some weeks after the date of my communication it was read in Cabinet council, and probably the letter and accompanying (locuments are now at the Presidents or in the office of the Secretary of War. I inclose a~ list of all the officers so far as I know who were made l)risoners in Texas, which was not sent with my letter of the 25th of May: also a newspaper account* 1)repared by Major Sprague of the conversations, & c., which occurred at the time we were takeit 1)risoneis. The latter is not of much importance, but it shows the feelings of the Texans toward the officers of the Army and, to a certain extent, the condition of tliimmgs at San Antonio at the time we were made prisoners. I feel the want of the records of the Department of Texas when called on to make any statements of transactions which occurred while I was in command. All records appertaining to the department previous to the 1st of January, 1861, were packed up and sent to Indianoha soon after I entered on duty, and I understand they reached New York, and I i~resume are now in Washington. All snbseqnent to that date were detained by the Texami commissioiiers, which embrace the period I was in charge of time departmnent. I amn, sir, with great respect, your very ol)edient servant, C. A. WAITE, Colonel First infantrq. IflcmoMlIre No. 1.1 Names of the officers of the U. S. Army who were made prisoners of war /fl Texas in April an(i Jfay, 1861. Col. C. A. Waite, First Infantry, commnan(hing (hepartmnent; Maj. W. A. Nichols, assistant adjutant-general; Maj. I). H. Vinton, quarter- master; Snrg. E. II. Abadie; Asst. Surg. J. P~. Smith; Asst. Snrg. 11. D. Lynde; Asst. Surg. C. C. Byrneall on parole. Asst. Snrg. I). W. C. Peters, retained a prisoner. Maj. ID. McClure, paymaster; Capt. It. M. Potter, military storekeeper; Capt. K. Garrard, Secomi Cavalry; Lient. Col. G. Morris, First Infantry; Capt. F. S. (iranger, First Infantry; Capt. G. W. Wallace, First Infantry; Lieut. F. Ii. Phillips, First Infantry, adjutantall on parole. Lient. J. B. Greene, First Imifantry, (hea(h. Maj. C. C. Sibley, Third Infantry; Capt. an(l Bvt. Lient. Col. I). T. Chandler, Third Infantry; Capt. A. W. Bowman, Third Infantry; Licut. J. N. U. Whistler, Third Infantry; Lient. J. W. Alley, Third Infantry; Lient. H. W. Freedley, Third Infantry; Lieut. F.. U. Lay, Third Infantry; Lieut. E. H. Ilopkimms, Third lufantryall omi parole. Refers to Memorandum at P. 45; alSo see Sprague to Thomas, anol Inclosure No. 3 at p. 53 Page 86 86 PRISONERS OF WAR, ETC. Maj. and Bvt. Lient. Col. J. V. Bomford, Sixth Infantry, retained pris- oner. Lieut. Col. W. Hoffman, Eighth Jnfantry; Capt. and Byt. Lieut. Col. I. V. D. Reeve, Eighth Infantry; Capt. and Byt. Maj. J. T. Spragne, Eighth Infantry; Capt. A. T. Lee, Eighth Infantry; Capt. C. D. Jordan, Eighth Infantryall on parole. Lient. Z. R. Bliss, Eighth Infantry, retained prisoner. Lieut. E. L. Hartz, Eighth Infantry, on parole. Lient. II. M. Lazelle, Eighth Infantry, retained prisoner. Lieut. E. W. H. Read, Eighth Infantry, on parole. Lient. L. Peck, Eighth Infantry; Lieut. J. J. Van Horn, Eighth infantry; Lient. It T. Frank, Eighth Infantryall retained prisoners. It is not known whether Lientenant-Colonel J3ackus, Third Infantry, Major Cnnningham, paymaster, and one or two other officers were captured in New Orleans and required to give their parole, or were permitted to pass through that city unmolested. [Indorsement.] Not furnished with my letter to Adjutant-General of the 25th of May, 1861. C. A. MTAITE Colonel First Infantry. [Inclosure No. 2.] HEADQUARTERS C. S. ARMY IN TEXAS, San Antonio, April 24, 1861. I do hereby declare upon my honor and pledge myself as a gentle- man and a soldier that 1 will not take up arms or serve in the field against the Government of the Confederate States of America under my present or any other commission that I may hold during the exist- ence of the present war between the United States and the Government of the Confederate States of America; that I will not correspond with the authorities of the United States, either civil or military, giving information against the interest of the Confederate States of America unless duly exchangedit being understood that Colonel Waite is permitted, after leaving the territories of the Confederate States, to make to the authorities of the United States such reports and state- ments as may be required of him by such authorities or by his official position in relation to past transactions. C. A. WAITE, Colonel First Infantry. HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, April 1, 1862. Maj. Gen. B. HUGER, Commanding at Norfolk, Va. GENERAL: The exchange of Captain Barroim for Colonel Hoffman has been refused. Any other officer of proper rank will be accepted for Colonel Hoffman. Brigadier-General Burnside paroled a large number of prisoners taken at Roanoke Island, anticipating that they would be exchanged for prisoners of the United States now held in the South. Very respectfully, your obedient servant, JOHN E. WOOL, Major- General, Commanding. P. S.I send herewith a small package of letters Page 87 THE TEXAS SURRENDER. 87 HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk Va., A~ri1 2, 1862. Maj. Gen. JOHN E. WOOL, Commanding Department of Virginia. SIR: I send herewith by flag of truce Lieutenant-Colonel Bomford, U. S. Army, exchanged for Lient. Col. John Pegram, C. S. Army. Both of these gentlemen are released from their paroles from this date. Your obedient servant, BENJ. HUGER, Major- General, Commanding. FORT MONROE, April 6, 1892. Captain Fox, Assistant Secretary: * * * * * * * A flag of truce this p. m. brought down following released prisoners of war from Richmond: Colonel Bomford, Lieutenant Van Horn, Cap- tam Bliss, U. S. Army, taken in Texas last summer. * * * FULTON. HAGERSTOWN, MD., April 7, 1862. General L. THOMAS, Adjutant- General U. S. Army, Washington City, D. C. GENERAL: If provision has not already beeu made for my exchange I have the honor respectfully to request of the honorable Secretary of War that a proposition for my exchange may be presented, through General Wool or other source, with Capt. Thomas K. Jackson, chief commissary of General Buckner~s staff, surrendered at Fort Donelson, Tean., and formerly of the U. S. Arniy, now confined, I think, at Fort Warren. If this request cannot at present be entertained 1 have the honor to ask that I may be put on duty with the Coast Survey, or in some capacity elsewhere not conflictitig with my parole. My history as a ])risoner is too well known to the Department to need recapitulation here, yet I trust that it will be considered that I have been a prisoner almost a year, nearly four months of which was passed in Texas. Will you be pleased, general, to inform me of the action of the Department upon this reqnest. With the highest respect, I am, general, your obedient servant, H. M. LAZELLE, Captain, Eighth Infantry, U. S. Army. HEADQUARTERS 1)EPARTMENT OF VIRGINIA, Fort Monroe, April 8, 1862. Lient. Ccl. I. V. D. REEVE, U. S. Army, Washington, 1). C. SIR: In reply to your communication of the 4th instant I find from the records of these headquarters that Major-General Hnger refused to accept Maj. H. A. Gilhiani, Seventh North Carolina Volunteers, in exchange for yourself, he being a volunteer officer. No exchanges have been effected since the 22d of February, General Huger having n Page 88 88 PRISONERS OP WAR, ETC. authority to make or accel)t prol)ositions, consequently your name has not since been submitted; bitt as SOOII as the system of exchanges is renewed application will be made to procure your release from your parole. Very respectfully, your obedient servant, WM. I). WITIPPLE Ass ista ut A(ljutant- General. WAR DEPARTMENT ADJUTANT-GENERALS OFFIcE, IVash.iugtoa, April 9, 1562. Cal)t. 11. M. LAZELLE, Eighth U. ~. infantry, Hagerstown, lid. SIR: In reply to your request of the 7th instant to be exchanged for Thomas K. Jackson, now confined at Fort Warren, I have respectfully to inform you that the Department has taken every ste1) within its power to procure the release from confinement and L)arole of officers and nien in the U. S. service. The rebels have, for some reason, Hot a similar disposition. The l)rol)ositioll to release Jackson cannot at this time be entertained. I am, sir, & c., L. ThOMAS, Adjitta~t- General. WAn I)EPARTMENT, BUREAU OF MiLITARY JUSTICE June 12, 1866. Resj )ecttully returned to the Adjutant- (~ citeral with the following remarks: From the within l)apers* it appears that in the spring of 1861 George Butchosky was a regular soldier in the service of the United States at Fort Bliss, Tex. Soon after the surrender of the traitor Twiggs this mall atteIIll)ted to leave the service and was forcibly (letaimled by Colonel Reeve. A writ of habeas corpus was then stied out in his behalf before a Judge Crosby of one of the State courts, who decided that as Butchosky was a citizen of Texas he owed it paramount a1le~-i- ance, and that the United States no longer existed as a Government; lie therefore ordered his discharge. Colonel Beeve was l)owerless to resist this illegal action and the man was permitted to leave. He after- ward emitered time rebel service. He has iiow presented himself with a request that he be allowed to rejoin his regi imment, wherein lie held the 0ra(le of first (lilty sergeant, amid serve out the term of his original enlistment. He is held a prisoner in the guard-Imoase at Fort Bliss by the commandant, Major Brotherton, who (lesires instructiomis as to the course to be l)uisiied. it is reconminended h)y this Bureau that Butehmosky be forthwith brought to trial before a court-martial for desertiomi , as it is held that the nmanner of his discharge can in no way serve htini as a defense. In taking advantage of such a mockery of the forums of law ammd leaving his reoiment against time commands of his superior officer Butchiosky was clearly guilty of aggravated desertion. J. HOLT, Judge-Adroeate- General. liiclosures not found Page 89 THE TEXAS SURRENDER. 89 CONIPEDLEJ~A/IZE CO~ThESPOIN1DEN CIE, ETC. RICHMOND, VA., July ~O, iSGi. lion. L. P. WALKER, & crctary of liar, C. S. A. HONORABLE SIR: In complying with the request of General Earl Van Dorn, C. S. Army, by reporting in person to you, I desire to solicit at your hands an extension of my present parole to the limits of the original United States. in this application I beg to call your attention to the fact that I was made a prisoner of war by the simple accident of my Position, having been as an officer of the regular army stationed in Texas at the time of the stipulations between its Goveriunent aiid General Twiggs; aini that a similar parole to that which I now ask has been granted to other officers made prisoners in Texas under similar circumstances. For more than five years past, with the exception of the three months I have been held a prisoner, I have been on active duty in that country. My health has been injured from the effects of a wound received in an Indian engagement there, and in y present position is ren(lered more embarrassing by my pecuniary means of support having become exhausted without the possibility of my supplying myself with more. While I do not shrink from aiiy of the consequences of my situation, yet I must in justice to myself say that a political relationship has been wrongly given me while simply engaged in the faithftul discharge of duties to the whole country. I trust, sir, that you will think it proper to extend to me this request, in which event every condition of my 1)arole shall be faithfully complied with however such l)arole is elsewhere regarded, and this whether dependent upon my official rela- tions or otherwise. With the highest respect, I am, sir, your obedient servant, II. M. LAZELLE, Lieutenant, U. S. Army. S1Ecm~~L ORDERS, lIE ADQUARTERS DEPARTMENT oi~ TEXAS, No. 32. 5 San Antonio, Tex., August 7, 1861. hereafter the officers of the U. S. Arniy now held as l)risoners of war in this city will be l)aid by the chief quartermaster at these head- (luarters the usual commutation allowance for (luarters and fuel, and iii~on their pay accounts all allowance excel)t pay proper and service rations. By order of General Van l)orn: T. A. WAShINGTON, Captain and Assistant Adjutant-General, C. S. Army. GENERAL ORDERS, GALVESTON T EX., Sepamber 18 1861. } No. 1. * * * * * * * IV. Colonel MeCuhloch will order the removal of the prisoners of war from Camp Verde amid place them for safety in detachments at the different posts of his command Page 90 90 PRISONERS OF WAR, ETC. V. Transportation will be furnished by the quartermasters depart- ment. The commissary department will issue subsistence in kind to the prisoners. By command of Brig. Gen. P. 0. fkbert, commanding Military Department of Texas: SAML. BOYER DAVIS, Major and Acting Assistant Adjutant- General. NEW ORLEANS, October 10, 1861. SECRETARY OF WAR: The prisoners of war are, some of them, destitute of clothingmany without blankets. I would not* have clothed them had I remained in command. There are two companies of artillery among the troops at Bay Saint Louis. Shall I issue forage to them ~ D. E. TWIGGS, Major- General. RICHMOND October 11, 1861. General D. E. TWIGGS, New Orleans: Issue forage to the artillery companies in Bay Saint Louis. The prisoners must be furnished with such clothing and covering as are strictly necessary. J. P. BENJAMIN, Acting Secretary of War. HEADQUARTERS DEPARTMENT OF TEXAS, San Antonio, October 18, 1861. General S. COOPER, Adjutant and Inspector General. SIR: On yesterday I received your lettert authorizing the command- ing officer of this department to extend the parole of Colonel Bomford and other officers therein named now in this department as prisoners of war. If this letter were directory I should most certainly extend the parole to those officers at once; but as it is not directory, and I think there are good reasons that they should not be permitted to go beyond the limits of the Confederate States, I have notified them that the parole will not be extended until I receive fttrther instructions from the War Department. It is a fact and a deplorable one that has not been kept from the Department at Richmond, that there is a great scarcity of arms and ammunition in this department; and in addition to what has been said let me assure you that the scarcity is even much greater than I had antici- pated, and that the want or positive absence of them renders it almost impossible if not entirely so to bring a force into the field sufficient to protect or defend the coast of Texas against the expected invasion by the enemy. It is also a fact that there is some dissatisfaction among the population of this immediate section of the State, and probably along the Rio Grande, and there is no doubt in my mind that a very considerable portion of the population of Mexico on our border would participate in a war on Texas if we were invaded by anything like a * The language of this telegraphic dispatch is ambiguous, but is printed here as received. Not found Page 91 THE TEXAS SURRENDER. 91 respectable force. And I have no earthly doubt that all these things are known to these officers as well and even better than they are to me or any other secessionist in the State; they know, too, that every officer in this department is making extraordinary exertions to raise men to defend it, and that the troops are coniing into the service very slowly; and if the invasion is harried, it will be npon us before we can possibly be ready. These officers are known to be opposed to us; they asso- ciate constantly with that portion of our citizens that are the most dis- affected; they are constant visitors at the honse and family of qol. C. Anderson whom I refnsed to permit to go North and now hold as a prisoner of war. One of them, Lieutenant Frank, wrote a letter (a copy sent you with this) to Major Sprague, which was intercepted at New Orleans, which shows the feeling tow-ard us and indicates plainly, I think, that he at least would enter the service against ns. I am satisfied that to permit these officers to go to the United States at this time would be jeopardizing the interests of this State more than the Secretary of War could have had any idea of at the tune he con- sented to extend their paroles; and am unwilling under the circum- stances to exercise the authority granted me to that effect without first placing the above information fully before him an(l await his further directions in the premises. I occupy a peculiarly unpleasant position here, as General H6bert is in the department; but as he has not relieved me, while I am compelled to discharge the unpleasant and responsible duties of commander of the department I will do so according to my best judgment for the good of the country; and whenever my Government concludes that I am unfit fbr any position in which I am serving her the authorities have but to indicate the Thet to me to get clear of any further annoyance by or trouble with me. I have no disposition to complain at or with any oime, but you can readily perceive how very disagreeable my situation is nowan apparent usuper of the power legally belonging to another. My regimeimt has been and is still anxious to be engaged in the most active portion of our service, and has been chafing to be with the fight- ing portion of our army, and I w-ould have proudly received an order at any time to have led theiu upon such a field; but I have contented myself by saying to my commanding officer that we were ready for any service that our Government might require of us, preferring the most active and dangerous to any other. I should be pleased to hear from the Department respecting the paroles of the prisoners at the earliest convenient period. Most respectfully, your obedient servant, H. E. McCULLOCH, Colonel, Thorisiona.l Army, C. ~., Corn 4g. Department oJ Texas. [Indorsernenl .1 Approve his conduct an(l applaud his discretion in declining to extend paroles. [Inclosure.] SAN ANTONIO, TEX., August 6, 1861. Maj. J. T. SPRAGUE, Albany, N. Y. Mv DEAR MAJOR: I have just learned that letters can be sent North by Adams Express, so I will write you a few lines thongh I doubt much whether it ever reaches you. I 5U~j)O5~ you have seen Colonel Reev Page 92 92 PRISONERS OF WAR, ETC. and heard from him all the particulars about the surrender. The offi- cers have been granted paroles limiting them to the seceding States, but Colonel Bomuford, Lieutenants Bliss, Van Horn, Jones and myself have thought it best to reinaiu here; the balance have gone to Rich- momi. I wish you wouhi write me and let inc know what our chances are for an exchange, what is the effect of the parole on those officers who have left, & c. The men have been removed front our control aiid are in camp a few miles from towit; but few have left, only four out of B Comimpany. I was very sorry to hear of our defeat at Maiiassas. It is rumored that the rangers at Fort Bliss have whipped tIme troops at Fillmore, killing SO~C and mnakino~ the balance prisoners. I sincerely hope that is not the case; should it be true I shall feel as if we were allowing those who have recently left the Army to take all time laurels which formerly belonged to it. Business is very dull here, many merchants havin~ closed their stores. The Stars and Stripes have many friends in this place yet. I wish you wolll(l write me an(l advise me as to the better course to pursue. I suppose you have l)eeu promoted ere this. Yours, truly, U. T. FRANK. P. S.-.The report of the surrender of Major Lynde at Fort Fillmore is confirmed, and from the accounts received here it was a most (his- graceful affair. Baylor has gone to intercept time four companies from Buchanan, and I fear that they will be so circumstanced that they will be obliged to surrender also, bitt I pray to God, for the sake of the reputation of the Army, that they may hot. FRANK. SAN ANTONIO, TEX., i\orember 11, iRGI. General H#rnERT, Corn man (tiny 1)epartm ent of Texas. SIR: I have a commission to raise for the Confederate service an infantry company to rendezvous at or near Victoria and drill until spring umihess the coast is imtvaded tud wish to raise a company thr the above-mentioned service, but find it hard to get Texans to go imito inihmmtry companies. They say they will go mounted but no other way; that is a majority say so. 1 can get a good company among time Fed- eral prisoners that are now at Camp Verde, l)rovided timey could get certificates from the nmustering officer, or some other officer ~)roperly authorized, timat the Confederate States would pay what is (hile tlienm by the old Government. They would nearly all to a mnanjoin the Southerit army, and there is about 350 of them. If tlmey comm get certificates fromn the Soutlmern Goverinmmnent for their back pay you will oblige mne much by letting know, ammd to atithorize the mnmisterin oflic inc er, or some one, to give them tlmeir certificates after they shall have been mustered into the Confederate service. Yours, & c., S. W. McALLISTER. Will Major Machim please give the general comumanding suelt infor- muation as he may ~O55C55 in regar(l to tIme writer and whether what he proposes is advisable. Brigadier- General Page 93 THE TEXAS SURRENDER. 93 [Second indorsernent.] CHIEF QUARTERMASTERS OFFICE, Galveston, Tex., November 16, 1861. Respectfully returned to the general commanding for his considera- tion. The prisoners miow at Camp Verde have from ~150 to $300 due each. The Adjutant and Inspector General of the Army was consulted up~~ the subject of paying the prisoners what was due them by the United States. lie replied that no appropriation had been made for such l)~VPO5~ and that they could not be paid. But he was inclined to the belief that the Government would pay them after the war, provided they enlisted and serve(1 faitliftilly. No one therefore can give the ~)ledge demanded by the prisoners. My opinion is that the large sums due the I)risonerS of war at Camp Verde ouoht not to be paid; that their services would not justify it. They have been ~solicited frequently to enter our service and have declined. They have mammifested much bitterness against our cause. Res~)ect1uhly, your obedient servant, SACKFJELD MACUN, Major, C. S. Army, Aety. Chftj Quartermaster, Dept. of Texas. IIDQRs. SECOND REGIMENT TEXAS MOUNTED RIFLES, Fort Brown, Tex., November 11, 1861. Capt. D. C. STITH, Assistant Adjutant-General, C. S. Army, San Antonio, Tex. CAPTAIN: I have the honor to report that having received informa- tiomi from my spies of the presence of some escaped prisoners of war near the mouth of tile Rio Grande I dispatched Captain Nolan and Lieutenant Lively, with twenty-three men, to that point with orders to retake them. They discharged the duty with prudemmee and propriety. A copy of Captain Nolans report is inclosed. I shall send the prisoners to San Antonio with the train, which will return within a few days. I have strong hopes of being able to recapture Colonel Anderson. A Lieutenant Williams, Second IT. S. Cavalry, is reported to have been in Matamoras two days ago. I have spies on his track. * * * * * * * I have the honor to be, your obedient servamint JOHN S. FORD, Colonel, Commanding. [Inclosure. FORT BROWN, Ti~x., Noeember 9, 1861. Col. JOHN S. FORD, Conidy. Rio Grande Military District, Fort Brown, Tex. SIR: I have the honor to report that in accordance with your instruc- tions I left this 1)05t 011 the 6th instant, accompanied by Lieutenant Lively, of Captain Buquors company, and twenty-three men of my command, and proceeded to the mouth of the Rio Grande. I arrested and brought to this post Charles Douglas amid John Brown,* escaped prisoners of war, who were trying to make their way to the United States, and also John Murphy, who was likewise trying to get a pas- sage North. The man Murphy is supposed to be the person who some time since committed a murder at or near Austiii, and although I did See Bomford to MacLi, December 11, 1861, p. 96 Page 94 94 PRISONERS OF WAR, ETC. not know Murphy, yet as he appeared so anxious to leave the country I thought it my duty to arrest him. I am much indebted to Lieutenant Lively for his valuable assistance; without it I should probably not have succeeded in making the arrests. I turned the prisoners over to Lieutenant Williams, officer of the guar(l. I have the honor to be, sir, your obedient servant, MAT. NOLAN, Captain, Comdg. Company, Second Regt. Texas Mounted Rifles. WAR DEPARTMENT, C. S. A., Rick mond, November 15, 1861. Maj. Gen. BENJ. HUGER, NorJolk, Va. SIR: Your letter of the 13th instant to the Adjutant-General has been referred to me. * * * * * * * Third. Surg. Wyatt M. Brown, of the Seventh Regiment North Carolina Volunteers, arrived here on parole and reports that he is to be released from his parole upon forwarding to Asst. Surg. Dc Witt C. Peters, U. S. Army, a similar release from the obli~,atiou he is nuder not to serve or execute the functions of his office to the detriment of the States now at war with the United States. The words just quoted are from the written orders signed by J. P. Garesch~, assistant adjutant- general, by order of Major-General McClellan. You are authorized to forward in the name of your Government to General Wool a release of the parole of Asst. Surg. De Witt C. Peters, couched in the above-quoted language, with information that Surg. W. M. Brown will thenceforward be considered as released from his parole, and will resume his duties as surgeon of his i-egiment. I am, your obedient servant, J. P. BENJAMIN, Acting Secretary of War. HEADQUARTERS DEPARTMENT OF TEXAS, Galveston, November 27, 18(il. General S. COOPER, Adjutant and Inspector General, C. S. Army, Riciunond, Va. SIR: I have the honor to inclose herewith a communication from Lieutenant-Colonel Bomuford, U. S. Army, and others, prisoners of war at San Antonio. I have informed the writers that I have submitted their communication to the Secretary of War for his action. I have the honor to be, very respectfully, your obedient servant, P. 0. HF~BERT, Brigadier- General, Pro visional Army. Inclosure. SAN ANTONIO, TEx.. November 23, 1861. Brig. Gen. PAuL 0. ll~nERT, Corn nic( n(ling Departrnent of Texas. SIR: We, the undersigned, have the honor to state that a communi- cation from the officers of the U. S. Army held as prisoners of war at this place concerning their l)arole was forwarded to you at Galveston, Tex., about the 7th instant. As no answer to this communication has yet been received, we respectfully call the attention of the general co Page 95 THE TEXAS SURRENDER. 95 manding the Department of Texas to this subject, and at the same time mention in support of our request that those officers associated with us as prisoners of war and placed in the same category with ourselves have all been allowed an extended parole. We also respectfully refer to the favorable consideration given to our al)plication by the War Departiiient at Richmond, Va., as well as to the indorsement of that paper by General Van Dorn. In connection with the same subject we beg leave to allude to the case of those U. S. officers taken prisoners by Colonel Baylor at Fillmore, N. Mex., who were allowed the same parole. J. V. BOMFORD, Major Sixth Regiment Dfantry, Bvt. Lient. (ci. U. S. Army. Z. R. BLISS, First Lieutenant, Eighth U. S. Im~fantry. J. J. VAN HORN, Second Lieutenant, Eighth Regiment, U. S. Army. R. T. FRANK, Second Lieutenant, Eighth infantry, U. S. Army. WM. G. JONES, Brevet Second Lieutenant, Eighth I~fttntry, U. S. Army. SAN ANTONIO, TEX., December 13, 1861. Maj. S. B. DAVIS, Acting Assistant Adjutant- General, C. S. Army, Galveston, Tex. SIR: On the 10th of the present month Lient. D. Lively, C. S. Army, of Captain Buquors company of infantry, Third Regiment, turned over to me for safe-keeping three 1)risoners of war whom he had arrested in the country toward thy lower Rio Grandetwo of them are deserters from the [Federal] prisoners of war in charge of Col. H. E. McCulloch; the other, a murderer (citizen), who, contrary to the telmor of the Presi- dents proclamation, was attempting when arrested to make his way into the United States. I removed the manacles from the wrists of the two deserters and substituted balls arid chains attached to their legs. I refer you to inclosed copy of written orders (marked 1) issued by me on taking charge of them. I was aware that it was not essential that the orders should be written, yet, as some difficulty had arisen on this head at the time of the escape of another prisoner of war some time since, I thought it best to take every precaution. Many applications have beeim made to me by strangers and others to be permitted to visit these prisoners, all of which requests I have ])romptly declined. I refer you to a letter from Bvt. Lient. Col. J. V. Bomnford, U. S. Army, one of the prisoners of war residing in this city, as bearing on this point (marked 2), and my reply (marked 3), all of which you will oblige me by submitting to the notice of General P. 0. H~bcrt, C. S. Army. * * * * * * * As I leave this place for Brownsville on Tuesday next it will be necessary for these 1)risoners to be committed to the charge of some other officer, and I hope that the course I may adopt on leaving in absence of directions from your office may be approved by the general. 1 am, sir, yours, very respectfully, ROB. B. MACUN, Captain, C. S. Artillery, Commanding San Antonio Barracks Page 96 96 PRISONERS OF WAR, ETC. [Inclosure No. 1.] SPECIAL ORDERS, SAN ANTONIO, No. 1. December 9, 1861. Ilnme(liately after guard mounting every officer of the (lay will issue the following orders to the sergeaiits or corporals of the guard in relation to the three prisoners of war now in charge of the guard: First. To allow no man or woman, friend or foe, to converse with sai(1 prisoners of war, or write notes or letters to theni on any subject, or furnish them with any written or pritited documents, tinder any pretext whatever. Second. To allow bitt one of Sai(l prisoners to leave the gnar(l-honse at a single time. * * * * * * * Fourth. In case escape is atteml)te(I the sentinel in charge of said prisoner or prisoners must shoot hint or them so attempting to escape, without mercy. * * * * * * * Sixth. The sergeant or corporal of the guard to be warned that he is responsible for the safe-keeping of the prisoners to the officer of the day, and the sentinel to the sergeant or corporal of the guard, and also to be warned of the very severe punishmeiit attending a want of strict vigilance on the part of an officer of the guar(l or sentinel. ROB. B. MACUN, (lapta in, (1. AS. Artillery, Corn mantling San An toni() Barracks. ]Incio.~uro No. 2.] SAN ANTONIO, TEX., D(?cem her 11, i%1. Capt. IR. B. MACLIN, C. S. Army, Commanding Officer, San Antonio. SIR: Being apprised of the confinement of Sergeant Douglas and Corporal Brown, U. S. Army, now prisoners of war in this place, I have the honor to address you this communication in behalf of myself and other U. S. officers, prisoners of war, residing in San Antonio, for the purpose of obtaimiing permission to visit them and to ask for them that protection and consideration of their necessities which their helpless condition suggests. I am well aware that no appeal is necessary to insure their relief when your attention is once directed to the subject of their wants. Very respectfully, your obedient servant, J. V. BOMFOIRD, Major Sixth Regiment Infantry, Brevet Lient. Vol., U. S. Army. [Inciosure No. 3.] SAN ANTONIO, TEx., December 11, 1861. Maj. J. V. BOMFORD, Sixth Regiment Infantry, Bre?et Lieutenant-Colonel U S Army. SIR: Your communication of this date containing a request in behalf of yourself and other U. S. officers resi(ling in this place to be permitted to visit the two deserters front the prisoners of war now in my custody and also asking for them that protection amid consideration of their necessities which their helpless condition suggests has been received~ My charge of said deserters being but temporary in the absence of higher authority I feel it my duty respectfully to decline yonr reques Page 97 THE TEXAS SURRENDER. 97 to be permitted to visit them. Every comfort compatible with their condition shall be given them, and most surely every protection extended to them. This having been the course of the Confederate States adopted toward its prisoners since the coiniuencement of the present war, I could not if I wished act otherwise. Very respectfully, your obedient servant, ROB. B. MACUN, Captain, C. AS~. Light Artillery, Comdg. & ~ a Antonio Barracks. HEADQUARTERS I)EPARTMENT OF NORFOLK, Norfolk, Va., January 11, 1862. General S. COOPER, Adjutant and Inspector General. SIR: * * * By direction of the Secretary of War I have already offered Lieut. William G. Jones, Tenth Infantry, to Flag-Officer Golds- borough for Lieutenant Sayre, of the Marine Corps, now on parole. General Wool also agrees to receive 147 wounded prisoners, via James River, at such time as may be agreed upon. I notify General Winder. Respectfully, your obedient servant, BENJ. HUGER, ib~jor- General, Commanding. HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., January 17, 1862. General S. COOPER, Adjutant and Inspector General. SIR: * ~ * A late letter from General Wool states he had requested that Colonel Hoffman should be given for Colonel Bradford, of North Carolina, whereas we have offered Brevet Colonel Chandler, Third Infantry. What reply shall I give h B. H[UGER]. [Indorsement. Inform General Huger that Colonel Hoffman is of higher rank than Colonel Bradford, who was merely a brevet or temporary colonel of twelve-months volunteers, not even equal in rank to Brevet Colonel Chandler who was given in exchange. We can only give a full colonel like Hoffman for an officer of equal grade. Adjutant- G[eneral.] HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, TTa., January 22, 1862. Hon. J. P. BENJAMIN, Secretary of War. SIR: I inclose herewith copy of a letter received from Maj. Gen. John E. Wool on the evening of January 20. Very respectfully, your obedient servant, BENJ. HUGER, Major- General, Commanding. 7 R RSER II, ~OL Page 98 98 PRISONERS OF WAR, ETC. [Indorsernent .1 JANUARY 23, 1862. Respectfully submitted to Secretary of War. Captain Farley, aide de-camp to Brigadier-General Bonham, is only a first lieutenant and as such cannot be exchanged with a captain. S. COOPER, Adjutant and inspector General. [Inclosure.] HEADQUARTERS DEPARTMENT OF VIRGINIA, Port Monroe, Va., January 20, 1862. Maj. Gen. B. HUGER, Commanding at Norfolk, Va. GENERAL: I am directed to propose to you that Capt. W. D. Farley, aide to General Bonham, and Lient. F. de Caradine, held iu Washing- tou as prisoners taken in arms against the United States, shall be released and sent to Korfork, on condition that Capt. J. H. Potter, Seventh U. S. Infantry, and Lient. H. M. Lazelle, Eighth Infantry, shall be released from their parole. Very respectfully, your obedient servant, JOHN E. WOOL, ]Jliajor- General. WAR DEPARTMENT, C. S. A., Richmond, January 23, 1862. Maj. Gen. BENJ. HUGER, Norfolk. SIR: I have your several letters of 11th, 18th, 20th, 22d, and 23d, on subject of exchange of prisoners. First. By your letter of 11th instant you informed me that you had offered to Commodore Goldsborough Lient. William G. Jones for Lieu- tenant Sayre, of Marine Corps. By your letter of 20th instant you state that you offered Lieutenant Dickinson for Tattnall before getting instructions to offer him for Sayre. By my two letters of 29th Decem- ber you were reqneste(l to offer Dickinson for Sayre, Jones for Tattuall. 1 do not see who has been given to us for Jones, and yet you ask for another lieutenant to be given for Sayre. Please explain. Second. Lieutenant-Colonel Pegram, for whom Colonel Wilicox is demanded in exchange by General Wool, informs me that he notified General McClellan that no such exchange was to be hoped for, and received for reply from the adjntant-general the statement that Lieu- tenant-Colonel Bomford would be taken in exchange for him. I shall sen(l Lieutenant-Colonel Bomford in exchange for Lieutenant-Colonel Pegramn as soon as he can arrive from Texas. I consent to the following exchanges proposed in General Wools iietter of the 17th: * * * * * * * We will give First Lient. H. T. Frank for First Lent. Thomas H. Allen. * * * * * * * Fourth. On further examination I see that General Wool, in his let- ter of 19th, proposes to give T. S. Wilson for First Lient. W. G. Jones. I (lechille the proposal, and adhere to the offer of Jones for Sayre, as you have given Dickinson for Tatnall. * * * * * * Page 99 THE TEXAS SURRENDER. 99 Seventh. * * * For Captain Barron I would give Colonel Hoff- man, Eighth Regiment, U. S. Infantry. * * * * * * * Please tender this. Your obedient servant, J. P. BENJAMIN, Secretary of War. P. S.As a number of the officers above offered are at a distance it will take some weeks to get them all to Norfolk. RICHMOND, ~ January 23, 1862. The Hon. SECRETARY OF WAR. SIR: I have the honor to inform you that after I left Fort Warren for this city I received a letter from the Adjutant-General of the U. S. Army, stating that if I failed to obtain the release of Col. 0. B. Will- cox in exchange for my own release, Bvt. Lient. Col. J. V. Boinford would be received in my place. This letter was kept at Fortress Mon- roe by Major-General Wool. I am, sir, very respectfully, your obedient servant, JNO. PEGRAM, Lieutenant- Colonel, Pro cisional Army, C. S. ADJUTANT AND INSPECTOR GENERALS OFFICE, Richmond, January 23, 1862. Maj. Gen. BENJ. HUGER, Commanding at Norfolk, Va. SIR: The Secretary of War decides that Colonel hoffman is of higher rank than Colonel Bradford, who was merely a brevet or tem- porary colonel of twelve-months volunteersq not even equal in rank to Brevet Colonel Chandler, who was given in exchange. A full colonel like Hoffman caii only be given for an officer of equal grade. Very respectfully, your obedient servant, It. H. CHILTON, Assistant Adjutant- General. WAR DEPARTMENT, C. S. A., Richmond, January 21, 1862. Brig. Gen. JOHN H. WINDER, Richmond. SIR: The following-named prisoners of war have beeii given in exchange by my orders, and you are instructed to have them sent to Norfolk, to be forwarded by General Huger to Fortress Monroe: First. Lieutenant-Colonel Boniford, Eighth U. S. Infantry, exchanged for Lieutenant-Colonel Pegram. * * * * * * * Ninth. First Lieut. iR. T. Frank, U. S. Army, for First Lient. Thomas H. Allen, North Carolina. * * * * * * * lam, your obedient servant, J. P. BENJAMIN, Secretary of War Page 100 100 PRISONERS OF WAR, ETC. WAR DEPARTMENT, C. S. A., Richmond, January 26, 1862. Maj. Gen. BENJAMIN HUGER, Norfolk, Va. SIR: First. Lu response to yours of 23d instant, inclosing offer of General Wool for exchange of Messrs. Claiborne and Forrest for Maj. James V. Bomford, Sixth Infantry, I remark that Major Bomford has already been tendered for Pegram. I now offer for these two naval officers Maj. D. H. Vinton, of the U. S. Army. I learn from what seems good authority that Major Vinton, released on parole in Texas, has been and is now in service of the United States at West Point, thus reliev- ing other officers for active service and violating his parole. I hope this statement is not tine, but it will be not inopportune to report the matter to General Wool and making inquiry into the truth of a report so derogatory to the reputation of Major Yinton.* * * * * * * * I am, your obedient servant, J. P. BENJAMIN, & cretary of War. NORFOLK, January 26, 1862. Hon. W. N. H. SMITH. Mv DEAR SIR: I am released on parole for thirty days to secure the release of Major Reeve, of the Regular Army. If you feel any interest in my story, and think I can be of equal service here to his release, please see the Secretary of War and effect my exchange. My parole is for thirty days only. The chief object of my visit is to secure the release of our prisoners of war at Fort Warren. We have now 400 men and officers there from our State and Virginia. Colonel Dirnick, the commandant, wishes the Texas regulars now in Texas (244) released. Upon the assurance from Colonel [General] Huger that they will be re- leased he will immediately release all the men and officers. These Texans are the oldest prisoners and farthest removed from any aid, have fewest friends and sympathizers at home. Do try and have this accomplished and as soon as possible. Our soldiers are dispirited at their bug confineument, and want much to be at home. They will all go in for the war, and are as good as regnlars. Call in the aid of Bridgers, Davis, Dortch and Bragg for our men, and have General Huger to give the proper reply. I will be in Richmond on Thursday or Saturday night. Meantime help us if possible. I go home to-morrow to see my wife and see after Burnside. I left Wise very well. Very truly, H. A. GLELIAM. [Indorsement.j Major Gilliam, the writer of this, is major of the Seventh [Seven- teenth] North Carolina Volunteers, captured at Hatteras, and is well known to me, and I should be glad to have the release asked for. ___________ W. N. H. SMITH. See Huger to Wool, January 29, p. 78 Page 101 THE TEXAS SURRENDER. 101 WAR DEPARTMENT, C. S. A., Richmond, January 2 1862. Maj. Gen. BENJ. HUGER, Norfolk, Va. SIR: I have your letter of 27th instant in relation to exchanges pro- posed by Maj. Gen. John E. Wool in his letters to you of 24th and 25th instant. I will give Lieutenant Van Horn, of Eighth U. S. Infantry, in exchange for Midshipman Wharton. Lieutenant Van Horn has been ordered here from Texas, and will be sent to you on his arrival. * * * * * * * Your obedient servant. J. P. BENJAMIN, Secretary of War. WAR DEPARTMENT, C. S. A., Richmond, February 13, 1862. Brig. Gen. J. H. WINDER, Richmond, Va. SIR: Lieut. iR. T. Prank, Eighth Infantry, U. S. Army, is to be exchanged for Lieutenant Allen, and Lient. W. G. Jones is to be exchanged for Lieutenant Tattnall. Send Lieutenants Frank and Jones to General Huger. Your obedient servant, RORT. OULD, Assistant Secretary of War. HEADQUARTERS WESTERN MILITARY DISTRICT, San Antonio, Tex., February 13, 1862. Maj. SAMUEL BOYER DAVIS, Assistant Adjutant- General. SIR: The orders respecting the exchange of the (officers) prisoners of war in Texas have beei~ received and promptly delivered to those at and near this place. General Orders, No. 6,* from the department commander, reached me by mail this morning and will be distributed immediately. Most respectfully, your obedient servant, H. E. McCULLOCH, Colonel, Commanding Western Military District. WAR DEPARTMENT, C. S. A., Richmond, Va., February 16, 1862. Maj. Gen. B. HUGER, Norfolk, TTa. SIR: This letter will be handed you by Maj. II. A. Gilliamn, sent here on l)arole for exchange with Major Reeve, U. S. Army, or Major Sibley, U. S. Army. I have already informed you that I decline to exchan oe reoulars for volunteers. I also decline to allow the enemy to choose their exchanges, picking out the officers on both sides. Not found Page 102 102 PRISONERS OF WAR, ETC. Major Gilliam therefore returns to the enemy. If a parole is granted him until exchanged for an officer of equal grade such exchange will be accepted and we will send an officer of equal grade, and I beg that you give him a letter to that effect. * * * * * * * Your obedient servant, J. P. BENJAMIN, Secretary of War. RICHMOND, Vx., March 28, 1862. SECRETARY OF WAR, C. S. A., Richmond, Ya. SIR: We have the honor to make the following communication con- cerning our confinement, for the purpose of effecting if possible an advantageous change of our condition as prisoners by exchange or parole: We arrived in Richmond on parole March 10 and since which time we have suffered confinement, which has now been extended beyond the limits of what we consider to be a temporary duress depending on some immediate military necessity. We respectfully refer to our orig- inal paroles, * as well as letter order from Adjutant-Generals Office, dated Richmond, January 24, 1862, copies of which papers are herewith inclosed. Very respectfully, your obedient servants, J. V. BOMFORD, Major Sixth Regiment Im~fantry, Bvt. Lieut. Col., U. S. Army. Z. R. BLISS, Lieutenant, Eighth U. S. Ii~fantry. J. J. VAN HORN, Lieutenant, Eighth Infantry, U. S. Army. [Indorsement.] Direct General Winder to inform such of the signers as are still here that they are (letained because the United States have not reciprocated in the last release of l)risoners, and have declined a general exchange, after agreeing to it through General Wool. G. W. R[ANDOLPH]. [Inclosure.] ADJUTANT ANT) INSPECTOR GENERALS OFFICE, Richmond, Jan nary 24, 1R62. Brig. Gen. P. 0. llI~nERT, Commanding Department of Texas, flouston, Tex.: SIR: The Secretary of War directs that all lIT. S. officers taken pris. ouers during the war and now in Texas l)e sent to Richmond for exchange. I am, sir, very respectfully, your obedient servant, H. H. CHILTON, Assistant Adjutant- General. HEADQUARTERS, Richmond, Va., March 31, 1862. Maj. Gen. B. HUGER, Commanding Department, Norfolk, Va. GENERAL: On yesterday I wrote you t that there was no objection to the exchange proposed by General Wool between Colonel Hoffman, Omitted. Not found Page 103 THE TEXAS SURRENDER. 103 U. S. Army, and Captain Barron, C. S. Navy; you are now authorized to state that his proposition is accepted. Colonel Hoffman is now on parole within the United States, and as soon as Captain Barron arrives at Norfolk you will inform Colonel Hoffman that he is released from his parole. I am, very respectfully, your obedient servant, R. E. LEE, General, Commanding. HEADQUARTERS, Richmond, Va.., April 3, 1862. Maj. Gen. B. HUGER, Commanding Department, Norfolk, Va. GENERAL: I am directed by General Lee to acknowledge the receipt of your letter of the 2d instant, * inclosing copy of one from General Wool saying that the exchange of Captain Barron, C. S. Navy, for Colonel Hoffman, U. S. Army, had been refused. The authority sent you to effect this exchange was based upon the letter from General Wool of the 27th ultimo, wherein hesays: I agree to the exchange of Colonel Hoffman for Captain Barron. The general instructs me to say that he can name no other officer for whom Colonel Hoffman can be exchanged. I am, general, very respectfully, your obedient servant, W. H. TAYLOR, Assistant Adjutant- General. HDQRS. DEPT. OF HENRICO, Richmond, April 3, 1862. General B. HUGER, No GENERAL: I send by order of the Secretary of War the following officers to be exchanged, viz: Colonel Bomford for Colonel Pegram; Colonel Woodruff for Colonel Willie; Captain Bliss for Lieutenant Myers, of the Navy; Lieutenant Yan Horn for Midshipman Wharton. * * * * * * * These prisoners are sent by my aide-dc-camp, Lieutenant Winder. Respectfully, your obedient servant, JNO. H.. WINDER, Brigadier- General. ADDENDA. GENERAL ORDERS, ~ WAR DEPT., ADJT. -GENERALS OFFICE, No. 10. 5 Washington, January 10, 1863. I. The following officers and men have been declared duly exchanged as prisoners of war since the announcement in General Orders, No. 191, of November 19, 1862: * * * * * * * 6. All captures of officers, enlisted men, and camp followers, in Mis- souri, Kansas, Arkansas, New Mexico, Texas, Arizona, and Louisiana, up to January 1, 1863. * * * * * * * By order of the Secretary of War: E. D. TOWNSEND, Assistant Adjutant- General. Not found Page 104 104 PRISONERS OF WAR, ETC. GENERAL ORDERS, ~ llixRs. DEPARTMENT OF THE GULF, NINETEENTH ARMY CORPS, No. 34. ) Opelousas, April 25, 1863. Sergeants Brady, Stapleton, McCormick, Reinhardt, Sheble, Neal, Harris, Darker, Brannan, and 269 men of the Eighth Infantry, Army of the United States, whose names are affixed,* having been exchanged by the rebel government whose prisoners they were, arrived at New Orleans on the 23th of February, 1863, and a portion of then), under command of Lient. Copley Amory, Fourth Cavalry, reached this point on the 23d instant, to share with us the honors of this campaign. It has been deemed but an act of justice to these gallant men to relieve them from this service and to expedite their return to the North. They separate from the command this day. In honor of their depar- ture the commanding general has ordered a national salute, and a simi- lar honor will be paid them at their departure from New Orleans. Captain Bainbridge at Opelousas and Brigadier-General Sherman at New Orleans are charged with the execution ot this order. These troops were shameftilly and unconditionally surrendered to the rebel authorities in Texas by their commanders on the 9th day of May, 1861. Separated from their officers, divided iiito squads, and removed to different posts on the frontiers of Texas, deprived of pay for more than two years, they were subjected to degrading labors, supplied with scanty food and clothing, and sometimes chained to the ground or made to suffer other severe military puiiishments. Recruiting officers visited them daily, offering them commissions and large bounties to desert their flag. Notwithstanding the false reports of the overthrow of their Government, which seduced so many men of higher pretensions and position, unsustained by counsel with each other, with few exceptions they repelled the bribes and avoided the treason. Those who chose a different course did it to escape their prison. No government ever had more loyal supporters. Officers of the Army and Navy, to whom they had a right to turn for counsel and example, who had beemi educated by the Government, who never received a months pay that was not drawn from its coffers, nor bore an honor that it did not confer, at the first suggestion of treason betrayed the mother that nursed them, and deserted the hag that protected them. With every branch of the Government within their control and the continent under their feet they yielded to the indecency and folly of the rebellion, and~ without a shadow of cause sought to blacken the name of America and Americans by fastening npon them the greatest crime of human historythat of destroying the best government ever framed, and annihilating the hopes of the human race in republican liberty. Thank God! the officers could not corrupt the men they coin- manded. Not a soldier nor a sailor voluntarily abandoned his post. The poisonous subtleties of secession never touched the hearts of the 1)eople, nor led theum to substitute the guilty ambitioim of popular, vulgar, low-bred 1)rovincialism for the hallowed hopes of national l)atriotism. Soldiers, let the gallant men that part from us to-day receive the honors they deserve. Let them hear the peal of cannon and the cheers of the line. Let theni receive, wherever they go, the homage of the Army and Navy together. The Army and Navy forever! By command of Major-General Banks: RICHARD B. IRWlN, Assistant Adjutant- General. List oniitted Page 105 EARLIER CAPTURES AND ARRESTS, AND MEASURES OF PACIFICATION IN MISSOURI. SIT MMAH~Y OF IPRINCIIPAiL EVIE NTS. Mar. 13, 1861.Capt. Nathaniel Lyon, Second U. S. Infantry, assigned to the com- mand of Saint Louis Arsenal, with subsequent or(lers to arm loyal citizens and execute the laws. May 6, 1861.Brig. Gen. Daniel M. Frost, Missouri State Militia, establishes a camp of instruction near Saint Louis, by direction of the governor of Missonri. 10, 1861.Capt. Nathaniel Lyon, Second U. S. Infantry, with a force of U. S. volunteers, makes prisoners of General Frost and his entire coni - mand of Missouri Militia. 16, 1861.Capt. Nelson Cole, Fifth Missouri Infantry, enters Potosi and arrests annioher of citizens. July 3, 1861.Brig. Gen. Ben. McCulloch, C. S. Army, at Neosho, captures and parolcs eighty Union soldiers belonging to the command of Brig. Gen. Franz Sigel, U. S. Army. 29, 1861.Brig. Gen. John Pope, U. S. Army, assumes command in North Mis- souri, with instructions to protect the railroads and suppress local disorders. 31, 1861.Brig. Gen. John Pope, U. S. Army, issues General Orders, No. 3, and formulates a plan for the suppression of the lawless elements and permanent pacification of North Missouri. Aug. 16, 1861.Marauders fire into a passenger train upon the Hannihal and Saint Joseph Railroad. 28, 1861.The War Department, at Washington, directs that certain paroled prisoners be discharged from the military service of the United States. 30, 1861.Maj. Gen. John C. Fr6mont, U. S. Army, proclaims martial law throughout Missouri; orders the arrest of all disloyal persons found within the Union lines armed, and the confiscation of their prop- erty, and directs that the extreme penalty of the law be iutlicted on the destroyers of railroad and telegraph lines, bridges, & c. Sept. 2, 1861.Brig. Gen. M. Jeff. Thompson, C. S. Army, issues a proclamation threatening retaliation. 3, 1861.Brig. Gen. Gideon J. Pillow, C. S. Army, and Col. William H. L. Wal. lace, Eleventh Illinois Infantry, negotiate an exchange of l)risoners of war. 20, 1861.Maj. Gen. Sterling Price, Missouri State Guard, (aptures Lexington and the U. S. fbrces under command of Col. James A. Mulligan, Twenty third Illinois Infantry. (105 Page 106 106 PRISONERS OF WAR, ETC. Oct. 26, 1861.Maj. Gen. John C. Fr~mont, U. S. Army, commanding the Western Department, and Maj. Gen. Sterling Price, Missouri State Guard, commanding Confederate forces in Missouri, conclude an agreement for the exchange of prisoners. 2~ov. 7, 1~61.Maj. Gen. David Hunter, U. S. Army, successor of General Fr6mont, repudiates the Fr6mont-Price convention. Jan. 12, 1562.Maj. Gen. Sterling Price, Missouri State Guard, writes to Maj. Gen. Henry W. Halleck, U. S. Army, commanding Department of the Missouri, protesting ao-ainst the capital l)nnishmeat of his men for bridge burning, & c. Capture and Parole of the Camp Jackson (Mo.) Militia.Final Disposition of the Prisoners. For Reports, Orders, Correspondence, etc., relating to contempora- neous military and political events iii Missouri not found hereinafter, see Series I, Vol. I, p. 637 ct seq.; Vol. III, pp. 1749; and Vol. VIII, pp. 1834.] WASHINGTON CITY, March 11, 1861. Hon. SIMON CAMERON, Secretary of War. DEAR SIR: Our friends in Saint Louis desire that Captain Lyon may have the command of the troops at the Saint Louis Arsenal, and be charged with its defense, and that Major Hagner be required simply to take charge of the ordnance department. Captain Lyon ranks Major Hagner and would have command of the troops except for the flict that Major Hagner is assigned to duty according to his brevet rank. I ask in behalf of our friends that this assignment may be rescinded and the command of the troops given to Captain Lyon. Respectfully, FRANK P. BLAIR. SPECIAL ORDERS, ~ WAR DEPT., ADJT. GENERALS OFFICE, No. 74. 5 IVashington, March 13, 1861. Capt. N. Lyon~ Second Infantry, the senior officer of the line present and on duty at Saint Louis Arsenal, Mo., is assigned to the coniinand of the troops and defenses at that post. By order of the Secretary of War: L. THOMAS, Adjutant- ~Pneral. ADJUTANT-GENERALS OFFICE, Washington, April 21, 1861. Capt. N. LYON, Second Infantry, East Saint Louis: General Harney has this day been relieved from his command. The Secretary of War directs that you immediately execute the order pre- viously given to arm the loyal citizens, to protect the public property and execute the laws. Muster four regiments imito the service. L. THOMAS, Adjutant- 6~eneral Page 107 EARLY EVENTS IN MISSOURI, ETC. 107 LEBANON, ILL., May 11, 1861. Hon. SIMON CAMERON, Secretary of War: Two thousand troops, under Captain Lyon, surrounded Can)p Jack- son yesterday; took 1,200 State troops, with camp equipage, into custody. Cannon stolen at Baton Rouge were recovered. Prisoners were offered release on parole but reftised it. They were marched to arse al an hour after surrender. Excited populace grossly outraged U. S. troops, and finally fired on them. The fire was returned, but immediately sup- l)ressed by Captain Lyon; 15 or 20 populace, 3 U. S. troops wounded. Intense excitement iii the city. Four thonsand home guards under arms patrolling streets all night. Habeas corpus writs will be applied for to-day to release prisoners, but will be disregarded by Lyon. Many prisoners marched through streets hurrahing for Jeff. Davis. Left arsenal at midnight; will arrive Monday at Washington. Our friends fear return of Harney to Saint Louis and protest against it. J. B. EADS. WAR DEPARTMENT, Washington, D. C., May 11, 1861. J. T. SANDERSON, Chief Clerk: The following has just been received from Saint Louis: General Frosts brigade Missouri militia at Camp Jackson surrendered uncondi- tionally at dema d of Federal troops. Release on parole ofiered but declined on ground tbat to take oath would imply they had been ia arms against U. S. authori- ties which they [denied]. While State troops were drawn up between two hues Union volunteers, stones were thrown, pistols were shot, one of which entered leg of Captain Blandowsky, who, while falling, gave command to fire. Twenty persons, including two women and several children, killed and many others wounded. Great excitement, and Republican newspapers threatened by mob. P. 5. SANDERSON. SAINT Louis ARSENAL, ]IJay 11, 1861. Col. L. THOMAS, Adjutant-General U. S. Army. SIR: In compliance with instructions from your office of the 30th ultimo, I accepted, swore in, and armed 3,436 men and 70 officers of the loyal citizens of Saint Louis, as a reserve corps, for the protection of Government property and enforcement of its laws, on the 7th and 8th instant, and should probably have still further proceeded in receiving further offers but for events to which I will now advert. The steamer J. C. Swan arrived at Saint Louis on the night of the 8th, with a large supply of military stores, including, as 1 was informed, muskets, ammunition, and cannon taken on board at Baton Rouge, and there obtaiixed from the arsenal. The boat arriving in the iiight great industry was used to transport these stores during the night (and before being likely to be exposed in the morning) to the camp of what is called the State militia, and which is made up for the most part of what has for a long time been known as a body of rabid and violent opposers of the General Government, and who have, during this time, been a terror to all loyal and peaceful citizens. Their extraordinary and unscrupulous conduct, and their evident design, and of the governor of this State, to take a position of hostilit Page 108 108 PRISONERS OF WAR, ETC. to the I nitc(l States, are matters of extensive detail and of abounding evidence. llavfrig appealed to the South for assistance every appear- ance indicated a rapid accumulation of men and iueaiis for seizing Governmeiit l)roperty and overturning its authority. I accordingly foresaw that under the extraordinary measures of the ~overnor and Legislature of this State aggressions would soon commence aoainst the General Government on the l)a.rt of these opposers of it, and of all who were in such a state of hostilities, willing to support the State against the Government. Of this there can be no doubt, as also that the issue would be taken by the State as soon as she felt able to sustain it. It was therefore necessary to meet this embarrassiiig eoml)lication as early as possible, and accordingly I proceeded yesterday with a large body of troops, supported by artillery, to the camp above referred to, and which is situated in the western part of the city, at what is known as Lindells Grove. between Olive street and Laclede avenue, and arrived at 3.15 p. in., and demanded of General Frost, the commander, a surrender of his entire command. Copies of the correspondence are herewith inclosed.~ Of the stores from Baton IRouge Arsenal, so far as understood, there were found three 32-pounder guns, one mortar, three mortar beds, and a large supply of shot and shells in ale barrels. All these artillery pieces were in boxes of heavy l)lank, and were addressed Tamoroa, care of Greely & Gale, Saint Louis, I. C. it li., to whom no delivery was made, this being a guise to cover the movement, and Greely& Gale being known as strong Union men saved them from close scrutiny. No doubt many arms, time mortars corresponding to the beds, and other war materials were received, agreeably to numerous reports made, but which can be obtained only by a thorough search over the city. Of the material besides tents, baggage, camp equipments, & c., left in camp by the troops, were 1,200 rifle muskets of U. S. manufacture, late model, .58 caliber; 6 field pieces, brass- 25 kegs of powder; from 30 to 40 horses; and several arm-chests of arms understood to be like the 1,200 mnskets mentioned. I)uring the surrender of Camp Jackson amid their passage into our lines a mob attacked our force, a published account of which will be tram ismitted.t The prisoners, some 50 officers and 639 men, were marched nuder guard to this post, previous to which Camp Jackson was takemi possession of by two regiments of volunteers amid two companies of regulars, nnder conunand of Captain Sweeny, who remained in posses- sion all night, bringing the entire camp equipage and munitions of war into this arsenal this morning. To-day the prisommers were all released (with the excepticmi of one captain, who declimied this parole)the offi- cers on their parole of hommor not to light against the United States dur- ing this war, and tIme men on their oath to the same effect. Yomm will see by the returns of ami election of brigadier-general for the volunteer brigade raised here that I have been elected to this office which, so far as depends upon me, I have accepted, and time duties of which I am now pertbrmning under the authority of the President. This subject is submuitted for such action as the Department may deter- mine to be proper. Since the foregoing was written I have noticed among- the stores taken from Camp Jackson were parts of muskets, all separate, and apparently without ever having beemm put together, and were doubtless taken in this condition from the arsemmal. For Frosts second letter of May 10, inclosed by Lyon, see Frost to Ilarney, May 11. t No such inclosure found Page 109 EARLY EVENTS IN MISSOURI, ETC. 109 It is proper and gratifying to mention that Captain Callender, in charge of the ordnance, has not, either through punctilious exactions about forms and responsibilities or assumed monopoly of corps above the power of the Government itself attempted to embarrass me, but, on the contrary, has cordially and most efficiently co-ol)erated to advance the Government interests. Col. F. A. Dick of this city who has to this time served as adjutant- general of the brigade of volunteers, will be the bearer of this, and visits Washington on business connecte(l with the Governmnnt interests at this place. Respectfully, your obedient servant, N. LYON, Captain, Second Infantry, Commanding. [ludostire No. 1.] HEADQUARTERS CAMP JACKSON, MISSOURI MILITIA, May 10, 1861. Capt. N. LYON, Commanding U. S. Troops in and about St. Louis Arsenal. SIR: I am constantly in receipt of information that you contemplate an attack upon my camp, whilst I understand that you are impressed with the idea that an attack upon the arsenal and U. S. troops is intended on the part of the militia of Missouri. I am greatly at a loss to know what could justify you in attacking citizens of the United States who are in the lawful performance of duties devolving upon them nuder the Constitution in organizing and instructing the militia of the State in obedience to her laws, and therefore have been disposed to doubt the correctness of the information I have received. I would be glad to know from you personally whether thcre is any truth in the statements that are constaimtly poured into my ears. So far as regards any hostility being imitended toward the United States or its property or representatives, by any portion of my command, or, as far as I can learn (and I think I am fully informed), of any other part of the State forces, I cau say positively that the idea has never been entertained. On the contrary, prior to your takiiig conunan(L of the arsenal, I proffered to Major Bell, then in command of the very few troops constituting its guard, the services of myself and all my coin- mimand, and, if necessary, the whole power of the State, to protect the United States in the full possession of all her ~)roperty. Upon General ilarneys taking command of this department I made the same proffer of services to him, and authorized his adjutant-general, Captain Wil- liams, to comumnunicate the fact that such had beemi done to the War Department. I Imave had no occasion since to change any of the views I entertained at that timne, neither of my own volition mior through the orders of my constitutional commander. I trust that, after this explicit statement, we mnay be able, by fully understanding each other, to keep far from our borders the misfortunes which so unhappily afflict our common country. This comumnuication will be handed to you by Colonel Bowen, my chief of staff; who will be able to explain ammything miot fully set forth in the foregoing. I am, sir, very respectfully, your obedient servant, 1). M. FROST, Brig. Gen., Comndg. Camp Jackson, Missouri Vol. Militia Page 110 110 PRISONERS OF WAR, ETC. [Thelosuro No HEADQUARTERS U. S. TROOPS, Saint Louis, Mo., May 10, 1861. General D. M. FROST, Commanding Camp Jackson. SIR: Your command is regarded as evidently hostile toward the Government of the United States. It is, for the most part, made up of those secessionists who have openly avowed their hostility to the Gen- eral Government and have been plotting at the seizure of its property and the overthrow of its authority. You are openly in communication with the so-called Southern Con- federacy, which is now at war with the United States; and you are receiving at your camp from the said Confederacy and under its flag large snpplies of the material of war, most of which is known to be the proI)erty of the United States. These extraordinary preparations plainly indicate uoue other than the well-known purpose of the governor of this State, under whose orders you are acting, and whose purposes, recently communicated to the Legislature, have just been responded to by that body in the most unparalleled legislation, having in direct view hostilities to the Geimeral Government and co-operation with its enemies. In view of these considerations, and of your failure to disperse in obedience to the l)roclamation of the President, and of the eminent necessities of State policy and welfare, and the obligations imposed upon me by instructions from Washington, it is my duty to demand, and I do hereby demand, of you an immediate surrender of yonr coin- mand, with no other conditions than that all persons surrendering under this demand shall be humanely and kindly treated. Believing myself prepared to enforce this demand one-half hours time before doing so will be allo~ved for your compliance therewith. Yery respectfully, your obedient servant, N. LYON, Captain, Second fifantry, Comdg. Troops. SAiNT Louis ARSENAL, May 12, 1861. Col. L. THOMAS, Adjutant- U en era 1 U. S. Army, Was/i inyto n. Sin: * * * * * * * It is with great delicacy and hesitancy 1 take the liberty to observe that the energetic and necessary measures of day before yesterday, and reported in my communication of yesterday, require persevering and consistent exertion to effect the object in view of a~mticipating coumbi- nations and measures of hostility against the General Government, and that the authority of Gemmeral ilarney under these circumstances embarrasses, in the most painful manmier, the execution of tIme plans 1 had contemplated, amid upon which the saf~ty and welfare of time Gov- ernment as I conceive so much ~pend, and which must be decided in a very short period. Very respectfully, yonr obedient servant, N. LYON, Captain, Second I~fantry, Commanding Page 111 EARLY EVENTS IN MISSOURI, ETC. 111 SAINT Louis, Mo., May 13, 1861. Lient. Col. E. D. TOWNSEND, Asst. Adjt. Gem, lid qrs. of the Army, Washington, D. C. SIR: I have the honor to report for the information of the general- in-chief that in obedience to the instructions of the honorable Secre- tary of War, communicated to me through the Adjutant-General of the Army, 1 resumed command of the Depai tment of the West the 11th instant. On my arrival at Saint Louis I found very great excite ment prevailing throughout the community 111 consequence of the cap- ture on the 10th instant of the brigade of Missouri militia under the command of Brig. Gen. I). M. Frost while in camp near this city by the U. S. forces under the command of Capt. N. Lyon, Second Infantry. I am informed that a detailed report of that affair was forwarded pre- vious to my resuming command of the department, but I deem it proper to state that the conduct of Captain Lyon on the occasion meets with my entire approval. As serious apprehensions were entertained yesterday morning that the excitement existing in the city would result in an outbreak in the course of a few hours unless allayed, I deemed it necessary to issue a proclamation, of which the inclosed is a copy, and which I ama assured was well received and had the effect to tranquilize the public mind. I also ordered up from the arsenal some 250 regular troops with four pieces of artillery to aid the civil authorities in the preservation of the public peace. I am happy to add that all indications of the threatened disturbance have disappeared. I am, sir, very respectfully, your obedient servant, WM. S. HARNEY, Brigadier- General, (Jomman ding. [Inc1o~ure.] PROCLAMATION. MILITARY DEPARTMENT OF THE WEST, Saint Louis, Mo., May 12, 1861. I have just returned to this post and have assumed the military command of this department. No one can more deeply regret the deplorable state of things existing here than myself. The past cannot be recalled; I can only deal with the l)resent alm(l the future. I most anxiously desire to discharge the delicate and onerous duties devolved upon me so as to preserve the public peace. I slmall carefully abstain from the exercise of any unnecessary powers and from all interference with the proper functions of the l)ubhic officers of the State and city. I therefore call upon the public authorities and the people to aid inc in ~)reserviI)g the public peace. The military force stationed in this departmemmt by authority of the Government and uow under my command will only be used iii the last resort to preserve the peace. I trust I may be spared the necessity of resorting to martial law, but the public peace must be preserved and the lives and property of the people protected. Upon a careful review of my instructions I lind I have no authority to change the location of the home guards. To avoid all cause of irritation and excitement if called upon to aid the local authorities in preserving the public peace I shall in preference make use of the Regular Army Page 112 112 PRISONERS OF WAR, ETC. I ask the people to pursue their peaceable avocations, and to observe the laws and orders of their local authorities, arid to abstain from the excitements of 1)rlblic meetings and heated discussions. My appeal 1 trust may not be in vain, and I pledge the faith of a soldier to the earnest discharge of my duty. WM. S. HATh~EY, Brigadier- General, U. S. Army, Commanding Department. HEADQUARTERS DEPARTMENT OF THE WEST, Saint Louis, Mo., May 17, 1861. Capt. N. LYON, Second Infantry, Comdg. Troops, Saint Louis Arsenal, Mo. SIR: The commanding general desires that you will furnish him by the bearer with a certified copy of the parole given by the members of the brigade of Missouri Volnuteers captured at Camp Jackson the 10th instant by the forces of the Uniteci States under your~command. I am, sir, very respeetfally, your obedient servant, S. WILLIAMS, Assistant Adjutant- General. SAINT Louis ARSENAL, May 17, 1861. Capt. S. WILLIAMS, head quarters Department of the I Vest, Saint Louis, Mo. SIR: The parole given by the officers taken at Camp Jackson was kept by Lieutenant Schofield, who is riot at present in the arsenal. The men of the ranks took the following oath: You do solemnly swear that you will not serve in any capacity against the Govern- ment of the United States during the civil war now existing. Time parole of the officers, pretty much to the same effect, will be sent as soon as I can get it. Very respectfully, your obedient servant, N. LYON, Captain, Second Lfantry, Commanding. SAINT Louis ARSENAL, May 17, 1861. Capt. S. WILLIAMS. I)EAR SIR: The following is a verbatim copy of parole taken by staff and regimental officers: We, the undersigned, do pledge our words as gentlemen that we will not take up arms or serve in any military capacity against the United States during the present civil war. This parole to he returned upon our surrendering ourselves at any time as prisoners of war. While we sign this parole with a full intention of observing it, we nevertheless protest against the justice of its exactions. Very respectfully, your obedient servant, N. LYON, Captain, Second Infantry, Commanding Page 113 EARLY EVENTS IN MISSOURI, ETC. 113 HEADQUARTERS DEPARTMENT OF TIlE WEST, Saint Louis, Mo., May 18, 1861. Lieut. Col. E. D. TOWNSEND, Asst. Adjt. Gen., Hdqrs. of the Army, Washington, D. C. SIR: I have the honor to transmit herewith a communication addressed to me under date of the 11th instant by Brig. Gen. D. M. Frost, Missouri Volunteer Militia, in relation to the capture of his command at Camp Jackson near this city, May 10, 1861, by the U. S. troops nnder the command of Capt. N. Lyon, Second Infantry. I respectfully request the instructions of the Government respecting the transaction to which General Frost invites attention. aiid I recom- mend that the private property captured, munitions of war excepted, be restored. I am, sir, very respectfully, your obedient servant, WM. S. JIARNEY, Brigadier- General, Commanding. [Inclosure.] SAINT LOUIS ARSENAL, Mo., Aray 11, 1861. General WILLIAM S. HARNEY, U. S. Army, Commanding Department of the West. SIR: In accordance with the Jaws of the State of Missouri which have been existing for some years aud in obedience to the orders of the governor, on Mouday last* I entered into an eiicamnpment with the militia force of Saint Louis County for the pnrpose of instructing the same in accordance with the laws of the United States and of this State. Every officer and soldier in my commond had taken with uplifted hand the following oath, to wit: You, each and every one oPyou, do solemnly swear that you will honestly and faithfully serve the State of Missouri against all her enemies, and that you will do your utmost to sustain the Constitution and laws of the Unite(l States and of this State against all violence of whatsoever kind or description; and you do further swear that you will well and truly execute and obey the legal orders of all officers properly placed over you whilst on duty, so help you God. Whilst in the peaceable performance of the duties devolved upon me and my command under these laws, my encampment was yesterday surrounded by an overwhelming force of armed men, acting under the command of Capt. N. Lyon, Second Infantry, U. S. Army, and called upon by him throngh a written command accompanying this. To which communication I replied in the following terms, to wit: CAMP JACKSON, Mo., May 10, 1861. Capt. N. LYON, Commanding U. S. Troops. Sin: I never for a moment having conceived the idea that so illegal and unconsti- tutional a demand as I have just received from you would be made by an officer of the U. S. Army I am wholly unprepared to defend my command from this unwar- ranted attack, and shall therefore be forced to comply with your demand. I am, sir, very respectfully, your obedient servant, D. M. FROST, Brigadier-Geueral, Commanding Camp Jackson, Missouri Vol. Militia. My command was in accordance with the above deprived of their arms and surrendered into the hands of Captain Lyon. After which, whilst thus disarmed and surrounded, a fire was opened upon a portion Monday, May 6, 1861. 8 R RSER II, VOL Page 114 114 PRISONERS OF WAR, ETC. of it by his troops and a number of my men put to death, together with several innocent lookers-onmen, women and children. My command was then marched as prisoners of war in triumph to this place. I am now informed, as I was at the time of the surrender, by the captain that my command may be released upomi the officers and men giving their parole not to take up arms or to serve in a military ca~)acity against the United States during the present civil war. Against time whole proceeding of Captain Lyon as well as against the terms of release I most earnestly l)rotest~ for the f4llowing reasons: That in addition to the obligation of loyalty which rests upon every citizen every man of my command now held as a prisoner has volun- tarily taken an oath to sustain the Constitutiou and laws of the United States. That when my camp was attacked in this unwarrantable manner and during the previous days of its existence the only Ilags that floated there were those of the United States with all the stars and its fellow bearing alone the coat of arms of the State of Missouri. That in addition to all this on the morning before this attack was made I addressed to Captaimi Lyon a communication, informing him of the proffer of services I had previously made of myself and of all my command, and if necessary the whole power of the State of Mis- souri, to protect the U. S. property, and assuring him that I had in no respect changed those views or opinions, either of my own volition or through ammy oruers emanating from my constitutional commander. Under all these circumstances I appeal to you as tIme chief repre- sentative of the United States in this department for justice on behalf of those loyal citizens who are now held as prisoners of war, captured under and marching to their place of confinement with the flag of the Union flying over their heads. I ask that you will not put upon the command the additional indignity of requiring us to give onr parole when we have already given our oath in support of the Constitution, but that you will order our restoration to the liberties of which we have been illegally deprived, as well as of the property of the State and indi- viduals, as the larger portion of the equipments have been purchased with the private funds of the individuals of my command, both officers and men. I trust that such as have been so purchased will at least be restored to the proper owners. I am, sir, very respectfully, your obedient servant, D. M. FROST, Brigadier- General, Missouri Volunteer Militia. HEADQUARTERS DEPARTMENT OF THE WEST, & tint Louis, Mo., May 18, 1861. Lient. Col. E. P. TOWNSEND, Asst. Adjt. Gen., lid qrs. of the Army, Washington. SIR: I have the honor to report that on the 14th instant a writ of habeas corpus was served on me requiring me to bring before Judge Treat, judge of the U. S. court, eastermi district of Missouri, Capt. Emmett MacDonald, one of the officers captured at Camp Jackson, near this city, May 10, by the U. S. forces, under the command of Capt. N. Lyon, Second Infantry Page 115 EARLY EVENTS IN MISSOURI, ETC. 115 Captain MacDonald declined to give his parole, and has, therefore, been retained as a prisoner of war. He was transferred on the .~ 3th instant to the custody of the officer commanding the Illinois troops at (Jaseyville, Ill., some ten miles from Saint Louis. I transmit herewith a copy of my answer to the writ of habeas corpus. The case has been postponed until Moimday next~ when it will come up before the U. S. court at its regular session. I am, sir, very respectfully, your obedient servant, WM. S. HARNEY, Brigadier- General, Commanding. [Inclosure.] SAINT Louis, 41 ay 15, 18G1. Hon. Judge TREAT, Judge of the U. ~. Court, Eastern District: In response to the writ of habeas corpus yesterday served on me commanding me to bring before his honor one Emmett MacDonald, I have to say that Mr. MacDonald, the person described in the writ, is not imprisoned or kept in confinement by me, nor is he under my control or command, nor has he been imprisoned or confined or so nuder my control or command at or since the issuing of this writ. In making this return to the writ of habeas corpus issued by you commanding me to produce the body of Emmett MacDonald, and in inak. ing my response to the same I avail myself of the opportunity thus presented to express my profound regret of the state of things existing in this community. I declare my wish to sustain the Constitution and laws of the United States and of the State of Missouri. But while making this declaration I find myself in such a position that in deciding upon a particular case I must take to what I am compelled to regard as the higher law, even by so doing my conduct shall have the appear- ance of coming in conflict with the forms of law. With respect to the transaction which took place at Camp Jackson near this city on the 10th instant I have to say that it happened prior to my arrival here and before my assumption of the command of this department. While I am not therefore responsible for the proceed- ings at that camp, and under ordinary circunistances should not feel at liberty to comment upon them officially, I am not disposed in the existing state of things to shrink from the responsibility of acknowledg- ing that my predecessor in command saw in the proclamation of the President of the United States ordering the dispersion of all armed rebels hostile to the United States, as described in the proclamation, a high and imperative duty imposed upon him with respect to the camp in question, the evidences of its treasonable purposes having been to his mind indisputably clear. His action in the premises I recognize therefore as imposing upon me the obligation of assuming the conse- quences of his proceedings so far as to abstain from pursuing any course which, by implication, might throw a doubt upon the sufficiency of his authority. Upon looking into the circumstances attending the detention of Emmett MacDonald I find they are such if 1 had him in charge that I could not give orders that might set him at large, unless some suffi- cient evidence should be furnished that he was not of the number of those in Camp Jackson who gave to that camp its character by which it came under the class of disaffected men hostile to the (loverument o Page 116 116 PRISONERS OF WAR, ETC. the United States, according to the terms of the proclamation referred to. For this purpose nothing has been required of these persons but a simple pledge or parole of honor. The whole subject will be referred by mime to the Government of the United States, whose instructions to me at this critical time are para- mount. W. S. liAR NEY, Brigadier- General U. S. Army. Subscribed and sworn to beThre me this 15th day of May, 1861. JOSHUA W. BOURNE, Notary Public. HEADQUARTERS MISSOURI VOLUNTEERS, Saint Louis Arsenal, May 26, 1861. Capt. S. WILLIAMS, Assistant Adjuta ,t~ General, Saint Louis. SIR: I have the honor to report that the prisoners taken at Camp Jackson and sent to the city upon the steam-boat Isabella after their release were as follows: Officersbrigade staff, 6; ltadfords artillery, 4; First Infantry and Jacksons artillery, 33; Second Inflintry, 29; battalion infantry, 4; total, 79. Men590. Aggregate, 669. I am, sir, very respectfully, your obedient servant, N. LYON, Brigadier- General of Volunteers, Commanding. HEADQUARTERS l)ISTRICT OF SOUTHEAST MISSOURI, Cairo, November 23, 1861. Capt. MILLIAM MCMICHAEL, Ass ista )l t A dja taut- General, 1)epartm ent of the ]Jfisso ar i. SIR: I inclose herewith a remarkable docunient preseiited at our out- guards to-day by Captain George of the rebel army. Captain George is permitted to go to Saint Louis as a prisoner on parole to report to the general commanding the department for his decision. Very res~)ect.tL1lly, your obedient servant U. S. GRANT, Brigadier- General, (Jommaudiny. P. S.Captain George since my writing the above states that he is not nor has he been in the Confederate Array, lie was a Camp Jackson prisoner since which lie has miot taken up arms. He now simply claims the right under the Price-Fr6mont exchange* to return to his family in Saint Louis and should he desire to do so to join General Price and the Missouri State troops. U. S. G. [tnclo8Iue.] IiEADQUAJITEliS FIRST DIViSION, WESTERN DEPARTMENT, Columbus, Ky., November 20, 1861. Capt. J ames George amid Lieut. Hemiry Guibor, late prisoners of war, and duly exchanged by agreerneiit between Major-General Fr6mont, See papers relating to Fr6mont-Price Conventioii, etc., po8t Page 117 EARLY EVENTS IN MISSOURI, ETC. 117 U. S. Army, and Major-General Price, of the Missouri State troops, as appears to me, now therefore I grant said officers (Captain George and Lieutenant Guibor) this safeguard to pass the picket-lines and videttes of this army on their return to Saint Louis an(1 back to this place. By order of Brigadier-General Pillow, commanding: GUS. A. HENRY, Jm, Assistant Adjutant- 4~eneral. HEADQUARTERS DISTRICT OF SOUTHEAST MissouRi, Cairo, Aovember 25, 1861. Capt. WILLIAM MCMICHAEL, saint Louis, Mo.: Last evening a party of prisoners taken at Camp Jackson arrived here on the steamer Platte Valley. I had them (letained on the steamer until this morning, when they were put aboard of one of the ferries and landed at Norfolk, Mo., about five miles below. These l)risoners are coming in squads from day to day, and necessarily keep the enemy well informed of all our movements it is possible for the community at large to know as well as the secret plottings of the enemy iii our midst. I would again report to the commanding officer of this department th~ almost certain disloyalty of the entire boating interest plyiimg between Saint Louis and this place. I am informed that the owners of the uackets complained of are generally enemies to the Government and their acts prove conclusively that the crews employed are. U. S. GRANT, Brigadier- General. IIDQRS. FIRST MILITARY 1)1ST., MISSOURI STATE GUARDS, (lamp Nen Madrid, Norember 25, 1861. Brig. Gen. U. S. GRANT, U. S. Army. GENERAL: The bearer of this, Maj. James R. Shaler, was and is major of the Second Regiment of the Missouri Volunteer Militia, and was one of the (lamp Jackson prisoners and is one of the Southerners included in the treaty between Generals Fr~mnont and Price. We hear that these gentlemen are allowed to visit Saint Louis for the purpose of reporting themselves to be regularly exchanged. If you under- stand the matter iim this way you will please allow Major Shaler to pass to Saint Louis and if not you will please let him return. Major Shaler is imow in no way connected with the Missouri State Guard or C. S. Army nor has he been. Yours, most respectfully, M. JEFF. THOMPSON, Brigadier- Geni, Comman ding. HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saiintt Louis, Norember 26, 1861. Brig. Gen. U. S. GRANT, Cairo, Ill.: Your letter of the 23d instant with inclosed safeguard to Captain George and Lieutenant Guibor pur~)Orti1mg to have beemi sigmied by order of General Pillow Imas been received. I am directed by the co Page 118 118 PRISONERS OF WAR, ETC. mariding general of this department to say that you did very wrong in permitting these officers to pass your lines nnder the authority of such a l)aper. Any person heieafter attempting to pass with such a doca- ment will be immediately arrested and the case reported to these head- quarters for instructions. J. C. KELTON, Assistant Adjutant- General. HEADQUARTERS l)ISTRICT OF SOUTHEAST Missouni, Cairo, November 2G, 1861. Capt. J. C. KELTON, Asst. Adjt. Gen., Dept. of the Missouri, Saint Louis, Mo. Sin: One more of the Camp Jackson exchanged prisoners has arrived here this evening on his way South. I have determined to retain him and all others arriving in small squads until the whole of them are here and discharge them together. I respectfully submit this plan for the approval of the general commandino the department. b Respectfully, your obedient servant, U. S. GRANT, Brigadier- General, Commanding. OFFICE OF PROVOST-MARSHAL, Saint Louis, Mo., November 26, 1861. Capt. WILLIAM MCMICHAEL, Assistant Adjutant- General. Sin: I beg leave respectfully to call the attention of the command- ing general to the following facts: Several of the prisoners taken at Camp Jackson near this city May 10, 1861, and who have been recently exchanged but who were within the lines of the Confederate Army at the time the exchange was made have returned to this city nominally for the purpose of receiving in person the certificate of exchange, but really I have reason to believe to arrange private business and convey information aiid assistance to the enemy. Two persons both of whom have been in the Confederate Army were arrested in this city before their certificates of exchange were delivered. I have information that several more are coming. I have been applied to for the release of those under arrest, but have refused l1~Ofl the ground that those who were at the time of the exchange already within the lines of the Confederate Army had no right whatever to come to this city. Their presence is not necessary to complete the exchange, and the certiticates which are merely the evidence of the exchange can be forwarded by the commissioners who represent the Confederate Army in the negotiations. As it may be sonic days or weeks before this matter is finally disposed of I would respectfully ask of the commanding general aii instruction upon this point. I am, sir, very respectfully, your obedient servant, GEO. E. LEIGHTON, Provost-Mar8hal Page 119 EARLY EVENTS IN MISSOURI, ETC. 119 HEADQUARTERS DISTRICT OF SOUTHEAST MISSOURI, Cairo, November 28, 1861. Capt. J. C. KELTON, Asst. Adjt. Gem., Dept. of the Missouri, Saint Louis, Mo. SIR: Yours of the 26th instant in relation to Captain Georges return to Saint Louis is received. Captain George was arrested by the picket to whom he presented himself and as a prisoner was brought before me. Being a commissioned officer I confined him during his few hours stay here to the hotel on his own word not to leave it and sent him a prisoner to report to the general cominaiiding the department for his decision. Although the terms of the exchange of prisoners entered into between Generals Fr~mont and Price would authorize the passage of Camp Jackson prisoners to the army to which they might belong I did not interpret it as authority for them to return from the South to visit their friends and then pass our lines again. The matter was simply referred to the general commanding the department and the prisoner, a commissioned officer, sent to Saint Louis on his parole. Lieutenant Guibor whose name appears on the pass with Captain George did not accompany him. I am, very respectfully, your obedient servant, U. S. GRANT, Brigadier- General, Commanding. HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, November 29, 1861. Brig. Gen. U. S. GRANT, Cairo, Ill.: In answer to your communication of November 26 announcing that yon are retaining the Camp Jackson prisoners who arrive in small numbers so that they may be sent to the enemy in large bodies the commanding general directs me to say that he approves of yonr action in this matter. WM. McMICIIAEL, Assistant Adjutant- General. SAINT LoUIS, November 30, 1861. Brig. Gen. SAMUEL H. CURTIS, Saint Louis, Jib. GENERAL: With a view to the settlenient of the question which I submitted to you as a precedent for the future by the major-general commanding the Western Department I respectfully ask that trans- portation from Saint Louis to Sedalia and beyond the Federal lines may be furnished to the prisoners of war who were taken at Camp Jackson May 10, 1861, and who have recently been released from parole. The number will be sixty including General D. M. Frost and staff, and by railroad will require one passenger-car hud one baggage-car. They will be ready to leave on to-morrow morning. Respectfully, your obedient servant, HEINIRY W. WILLIAMS. (In behalf of Camp Jackson prisoners. Page 120 120 PRISONERS OF WAR, ETC. HEADQUARTERS DISTRiCT OF SOUTHEAST Missouni, Cairo, December 13, 1861. Major-General POLK. Commanding, Col ambus, Ky. GENERAL: Mr. II. B. Belt, of Saint Louis, is here with the releases for Camp Jackson I)risoners at Columbus which I promised you should be procured and forwarded. The department commander at Saimit Louis does not construe the agreement between Generals Fr6mont and Price as making provision for the transportation and delivery of side-arms and equipments of officers and personal property of privates~~ to paroled prisoners who had previously gone beyond our lines and into the enemys service, and therefore will permit nothing to be sent except the releases. I send Captain Hillyer, my aide-de-camp, accompanied by Mr. Belt under a flag of truce to deliver to you the releases. Very respectfully, your obediemi t servant, U. S. GRANT, Brigadier- General, U. S. Army, By W. S. IIJLLYER, Aide-de- Camp. HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, December 14, 1861. A. GLASSCOCK. SIR: In answer to your communication of I)ccember 10* Major- General Halleck directs me to say that should you attempt to return to the rebel army without being duly exchanged amid having a pass to that effect you will if captured be shot for violating your parole of honor. Brigadier-General Curtis, U. S. Army (headquarters Saiimt Louis), has charge of the exchange of prisoners taken at Camp Jack- son but no arrangement has yet beeti made fbr a general exchange. WILLIAM McMICIIAEL, Assistant A ~juta nt- General. HEADQUARTERS DISTRICT OF SOUTHEAST MISSOURI, Cairo, 1)ecember 17, 1861. Capt. J. C. KELTON, Saint Lonis, Mo.: (in the strength of a telegraphic dispatch received from Saint Louis tlmat the prisoners arriving here yesterday were impostors I have ordered them back to Saimit Louis. Eight of these prisoners did not claim to have been taken at Camp Jackson and had with them regular cer- tificates of exchange. As I am anxious to make as frw shipments of these men as possible and as there was nothing in my telegraphic instructions to prevent it I returned these also. * * * * * * * U. S. GRANT, Brigadier- General. Not found Page 121 EARLY EVENTS iN MISSOURi, ETC. 121 SAINT Louis, Mo., December 19, 1861. Brig. Gen. U. S. GRANT, Cairo, Ill.: By what authority did you send back exchanged prisonersl They are not under assumed names. All were identified here beibre exchange. II. W. HALLECK, Major- General. SAiNT Louis, Decem ber 19, 1861. Brig. Geii. U. S. GRANT, Cairo, Ill.: No such man as XV. H. Buel, colonel, kuowu at these headquarters. It is most extraordinary that you should have obeyed a telegram sent l)y aii unknown person and not even purporting to have been given by authority. The prisoners will be immediately returned to Cairo. H. W. IJALLECK, Major- General. hEADQUARTERS DISTRICT ov SOUTHEAST MISSOURI, Cairo, December 20, 1861. Maj. Gen. H. W. HALLECK, U. S. Army, Commanding Department of the Missouri, Saint Louis, Jib. GENERAL: Your second dispatch saying It is most extraordinary that you should have obeyed a telegram sent by an unknown person and not even purporting to have been given by authority is received. In justice to myself I must reply to this telegram. In the first place I never thonght of donbting the authority of a telegram received from Saint Louis, supposing that in military matters the telegraph was under such surveillance that iio military order could be passed over the wires that was not by authority; second, the signature to the telegram was made with so many flourishes that I could not make it out at all and to send a copy to your headquarters was obliged to send to the office here for a duplicate; third, before this telegram was receiVed Captain Livingston who came in charge of these prisoners reported to me that several who were to come had proven to be impostors and that lie had reason to believe that two of those still with him were under assumed imaines; fourth, directions sufficient to detain prisoners (Camp Jackson exchanged prisoners) might conic from the provost-marshals office, from General Curtis or from headquarters, and I do not know the employ~s of the former nor the staff of the latter. The fact is I never dreamed of so serious a telegraphic hoax emanating throngli a large and responsible office like that in Saint Louis. Inclosed I send you copy of the dispatch received. I am, general, very respectfully, your obedient servant, U. S. GI~ANT, Brigadier- General, Commanding. [Inclosure.1 SAINT LoUIS, December 15, 1861. General GRANT: The D. G. Taylor left here at 1 p. in. to-day. Stop her and send back all the Camp Jackson men. They all have assumed names. W. H. BUEL, Colonel Page 122 122 PRISONERS OF WAR, ETC. SAINT Louis, December 20, 1861. Brig. Gen. U. S. GRANT, Cairo, Ill.: The person who sent the telegram about the prisoners has been dis- covered and placed in confineineiit. lie has no authority whatever. You will hereafter be more careful about obeying telegrams from pri- vate persons countermanding orders from these headquarters. II. W. HALLECK, Major- General. HEADQUARTERS DIsTRIcT OF SOUTHEAST MISSOURI, Cairo, Decem ber 22, 1861. General L. POLK: I send you under flag of truce some seventeen of the Camp Jackson prisoners who are released under the ErPinout-Price agreement. These prisoners were brought here on Tuesday last, aiid would have been inunediately forwarded to Columbus but that a dispatch was sent to me purporting to be official stating that they were impostors and were not the men they assumed to be. In consequence of this dispatch I arrested the parties here and put them at labor for a few hours and then sent them l)ack to Saint Louis. It turned out, however, that the dispatch was a wicked hoax perpetrated by an individual in Saint Louis who has been arrested and will be properly punished. No one regrets the occurrence more than I do. Colonel Webster has charge of the expedi. tion and will receive any communication you may desire to send me. U. S. GRAiNT, Brigadier- General, Commanding. SAINT LOUIS, ilfarch 14,1862. Col. J. C. KELTON, Asst. Adjt. Gen., lid qrs. Dept. of the Missouri, Saint Louis, Mo. COLONEL: I have the honor of submitting my report concerning the exchanges of Camp Jackson and Lexington prisoners. Said exchanges were made in pursuance of an agreement between Maj. Gen. John (ii. FrPmont, commanding the U. S. forces in this department, amid General Sterling Price, commanding the rebel forces (styled Missouri State Guard), made on the 26th day of October, 1861. Said agreement authorized and ordered the exchange of certain officers and privates therein named and other privates to the number of 530, captured by the U. S. forces under comnmand of General N. Lyon at Camp Jack- son, Mo., May 10, 1861, for certain officers and privates therein namned and other privates to the number of 530, captured by the rebel force (denominated Missouri State Guard) under the command of General Sterling Price at Lexington, Mo., September 20, 1861. On the part of the rebels were named as commissiomers to effect said exchange Col. S. B. Churchill, Col. D. H. Armstrong, Col. J. II. Barrett, Maj. H. W. Williams and D. B. Barclay, esq., all residents of Saint Louis, appointed by General Sterling Price. On the part of the United States General S. H. Curtis, commandant of this military district, apl)ointed Col. John A. Gurley, commissioner. Colonel Gurley being compelled to repair to Washington to take his seat in Congress Ge Page 123 EARLY EVENTS IN MISSOURI, ETC. 123 eral Curtis requested me to act as commissioner and at my request detailed Lieut. L. J. Bariies to render me any assistance I might require. As the number to be exchanged of the Lexington l)risoners was lim- ited to a portiou of the whole and all being on parole I decided to exchange only those who signified their intention to re-enlist for serv- ice. Much delay and labor ensued in getting the names from the recruiting officers scattered in various portions of the country. Were it not from snch delay this report would have been made much earlier. The full number authorized has not yet been reached, but I cannot pro- cnre further lists of prisoners re-enlisted and therefore hand in my report. We have exchanged Rebels. United States. General .... - Colonels 3 Colonel - - - -- ii I Lieutenant-colonels 2 Majors -. - -- 24 I Majors 2 Captains --- -- I I Captains 27 Lieutenants 57~ ford Lieutenants 60 Privates 399 I Privates 448 Surgeon 1 Surgeon 1 Total 489J 1. Total 543 The above gives the United States an excess in the exchange occasioned by the fact that only 489 officers and privates of the Camp Jackson prisoners were found desirous of joining their fortunes with secession and General Price. Yet I am informed unofficially through good authority that many of the prisoners at Camp Jackson are in the rebel army yet ~vithout exchanges, and a majority of those now in the army violated parole before exchanging. With the report you have memorandum marked A,* giving a complete list of exchanges on both sides with rank. D. it. Barclay, the rebel commissioner, has attended principally to the exchanges and I hereby take occasion to mention the uiiiform courtesy and liberality toward me lie has evinced in transacting the exchanges. I am, colonel, respectfully, & c., CHAS. II. HOWLAND, Commissioner of Exchanges. Miscellaneous Captures; Treatment of Political and Military Prisoners, and Tentative Efforts at Exchange. SAINT Louis ARSENAL, May 16, 1861. Capt. S. WILLIAMs, Asst. A~jt. Gen., Hdqrs. Dept. of the West, Saint Louis, Mo. Sin: In consequence of the frequent arrivals at this place u~ persons from Potosi complaining of revolting outrages and being driven from their homes because of their loyalty to the General Government I cansed a party to proceed to that l)lace to apprehend offending l)~ities and give consolation and relief to the snffhrers. The object seems to have beem very judiciously accomplished by Captain Cole, of the Fifth * Not found Page 124 124 PRISONERS OF WAR, ETC. Missouri Volunteers, whose report is herewith inclosed.* Tt will be seen that at be Soto a large secession meeting was (lefeated and their flag taken l)y the timely arrival of Captain Cole. A list of the pris- oners detained and against whom most palpable evidence is understood to exist of persevering and. systematic cruelty toward the friends of the Government is herewith inclosed. Very respectfully, your obedient servant, N. LYON, Captain, Second infantry, Commanding. [Inclosure. List of prisoners taken ]Jliay iG, iSGi. John Wiatt, Jefferson County; N. B. Buck, S. T. Dunklin, L. W. Casy, Joseph bunklin, XV. A. Mathews, George B. Clark, I~atrick boil, II. S. Cater, and Edward Willoughby, Potosi, Washington County; ID. S. Smith, Jefferson County. [Sub-inclosure.] Captain COLE, Commander U. S. Troops at Potosi, Washington County, Mo.: The undersigned petitioners, residents of the town of Potosi and County of Washington, would respectfully represent that they believe that in their present disorganized con(hitioII and without arms their lives and property would be in danger unless you should leave a com- pany of U. S. troops stationed at said town until they can be organized and armed. They would respeetfully represent that they are and have been loyal to the United States Government and acknowledge their allegiance to time same and are willing to submit to her laws and regu- latioims. They state they will use all necessary efforts to organize and arm in conformity to the laws of the United States and the usages of her army at tlme earliest possible period. [Signed by fifty citizens.] SPRINGFIELD, Mo., July 11, 1861. Col. F. SIGEL. SIn: In accordance with your order I most respectfully niake hereby a statement of facts concerning the surremider of myself and men at Neosho Jimly 5, 1861: After you lmad left Neosho on the 4tlm day of July 1 observed that the city was very unquiet. I took all necessary precautiomms by placing extra sentinels and sendiig out patrols every half hour (lay and night. The Fourth passed off quietly. Omi the 5th day of July the same precaution was taken. About it oclock I heard the cannonading, whereon I iiiinmediately dispatched a l)atrol or twemmty men under tIme comnluan(l of Lieutenant bamde to inquire if possible the cause of it. At 1 oclock I received ordei-s sm gued by Brigade Quartermaster Richardson to retreat with my coin- mami if necessary. Lieutenant banide with his patrol returned about the same time. They had scarcely returnedin fact had not been in camp more than ten minutesbefore the enemy caine pouring in in all See Series I, Vol. III, p. 10, for Coles report Page 125 EARLY EVENTS IN MISSOURI, ETC. 125 directions to the number of about 1,200 to I ~500 men under the corn- mand of Colonel Churchill and Major McIntosh (Arkansas Rangers). Finding it iml)ossible for me to hold my post with success, after due deliberatioiiafter due consultation with my officers an(l menI con- cluded it would be best to make the surrender as it was required namely unconditionally. We were after the surrender of our arms placed in the court-house where we remained until Monday, the 8th. I must mention here that the officers of the Arkansas Rangers as well as of the Missouri troops behaved themselves quietly, accommo- datingly and trien(ily both towards myself and men; but their pri- vates on the contrary in a most insulting and brutal manner. On the 8th we were released, we officers having before given our l)arole of honor not to serve any more against the Confederate States of America during the war, my men having before sworn to the same effect. We left Neosho on the evening of the 8th, at 5.30 oclock, with an escort. of about thirty mcii under the command of Captain Boone for our security and protection, the people of Neosho amid farmers of that vicinity having threatened to kill us iii the streets. Captain Boone escorted us about four miles from the camp. After innumerable hard- ships and dangers, without food and water our canteens having all been stolen from us by the Southern troops we at last reached Spring- field, my men all broken down having traveled the distance of eighty- five miles in fifty hours with hardly any food at all. Having made this statement I respectfully place the same iii your hands to judge my actions. Very respectfully, yours, JOSEI~ll CONIRAI), Captain of Rifle Company B, Third Reyt. Missouri [ Un ion] Vols. SAINT LOITIS ARSENAL, July 30, 1861. Capt J C KELTON, Assistant Adjutant-General. SIR: I would respectfully call the attention of the general command- ing the department to the condition of the political prisoners confined here. Officers in command at distant points have been in the habit of arresting persons upon charges of treason and sending them to the arsenal. In all such cases I have called the attention of the U. S. dis- trict attorney to the matter but am not aware that any have been indicted. There is no suitable place at the arsenal for prisoners of war; they have to be confined in the prisomi or else allowed the liberty of the (~rourids. To confine them is inhuman amid to let them mix with the men is likely to produce trouble. * * * * * * * 1 am, sir, very respectfully, your obedient servant, ChESTER iIAIIDING, JR., Assistant Adjutant- General oJ Missouri Volunteers. HEADQUARTERS WESTERN DEPARTMENT, Saint Lonis, Mo~, Augast 7, 1861. Col. J. B. WYMAN, Corn manding at Ilolla, Mo. Sin: The general directs mue to say lie will hold as prisoners those men taken by you bearing arms against the United States; other Page 126 126 PRISONERS OF WAR, ETC. the charges against whom are not more serious than entertaining secession feelings lie has discharged. The arms and prisoners taken, if the men were apprehended while constituting an armed body, wili be detained; all others will be restored to their rightful owners. * * * * * * * I am, sir, very respectfully, your obedient servant, [J. C. KELTON,] Assistant Adjutant- General. IIEADQUARTERS WESTERN DEPARTMENT, Saint Louis, Mo., August 7, 1861. Col. J. B. WYMAN, Commanding at RoUa, Mo. SIR: The prisoners you sent to the arsenal a few days since have been discharged. The offenses against the majority were of too trivial a character to detain them longer. You are directed to send no more prisoners here unless prisoners of war. It is thonght an unnecessary expense in transporting theni to the arsenal is contracted and that no good object is effected by their detention. If entertaining secession feelings constitutes a grave offense, one sufficient to imprison a man on, the Government would have two- thirds of the State to feed at its expense. I am, sir, very respectfully, your obedient servant, [J. C. KELTON,] Assistant A djut~ Ut- Gen era I. HEADQUARTERS U. S. FORCES, Cape Girardean, August 18, 1861. Maj. Gen. JOHN C. FR~MONT, Department of the West, Saint Louis, Mo. SIR: * * * I have the honor to inclose you a letter from ex-Lien- tenant-Governor Reynolds (a copy of which has been sent me); also another from Jeff. Thompson to me containing several threats. I plead guilty to the charge of having written the note mentioned and would have done as I promised had Captain Price committed the threatened outrages on the peaceable citizens of Commerce. My threats had the desired effect and prevented his doing any act of vio- lence there. I tried hard to get hold of Captain Price and his troop of marauders but they always run even when but half their number of foot soldiers are opposed to them. The young man Price and his brother-in-law who were taken prisoners have been notoriously active in aiding the enemy. Their father, the brother of Captaimi Price, was the agent for procuring supplies for the New Madrid forces and his mules, servants and family were all engaged in transporting them. I am happy to learn that the pretended governor of the State (lisal)- proves of the proclamaUon of his commanding general and I shall most certainly endeavor to aid him in carrying on the war according to civilized usage. I can furnish the ex-governor with information which if he means what he writes will keep hiimm steadily engaged for some time in punishing Missouri forces. * * * * * Velv respectfully, your obedient servant C. C. MARSH, Colonel, Commanding Post Page 127 EARLY EVENTS IN MISSOURI, ETC. 127 [Inclosure No. 1.] NEW MADRID, Mo., August 15, 1861. Major-General FRtMONT, U. S. Army, Commanding U. S. Forces in Missouri. SIR: Capt. Charles Price, of the Missouri State Guard, has received a letter from Messrs. B. S. Curd and William M. Price dated Cape Girardeau, August 10, 1861, in which they write: The colonel says that if you attack Commerce to-night he will hang us. With this note is another recognized to be iu the handwriting ot Col. C. C. Marsh aud of which the following is an exact copy: HEADQUARTERS U. S. FORCES, Cape Girardectu, August 10, 1861. Sili: Your relatives have written you the above note. It is true. If you injure the people of Commerce or their property I will hang them and take a bitter revenge on you in other respects. C. C. MARSH, Colonel, Commanding U. S. Forces, Cape Gira,deau. The gentlemen held by Colonel Marsh are as I am credibly informed citizens of this State and unconnecte(l in any way with military opera- tions. Even were they so connected in a manner justifying theii being made prisoners of war the Articles of War and Army Regulations of the United States require humane treatment of l)risoIIers. I also learn that the detachment of Colonel Marshs troops which captured Mr. William M. Price wantonly burned his fathers warehouse and took away a large qnantity of corn and sixty mules. Similar out- rages are believed to have been very lately committed at the farm of General N. W. Watkins near Cape Girardean, and also by Colonel iMarshs troops. I therefore in the interest of humanity lay these matters before TOll and request a frank answer to these inquiries: Does this conduct of Colonel Marsh and his troops meet your aI)proval l If not what steps do you propose to take iii respect to the guilty par- ties and in order to prevent the repetition of such conduct l It is the desire of the Missouri State authorities to conduct the pres- ent war according to civilized usages and any depaiture from them by Missoumi forces will be prol)erly l)nnishled by their officers if aware of it. I deem it proper to add that on seeing Colonel iMarshs letter I immediately instructed the general commanding the Missouri State Guard in this district to hold in close custody a number of prisoners recently taken by him and belonging to your forces. Should Colonel Marshs future treatment of Messrs. Curd and Price necessitate the hanging of any of those prisoners in retaliation I am content that impartial meu shall judge who is morally responsible for their melan- choly fate. I am, sir, very respectfully, your obedient servant, THOS. C. REYNOLDS, Acting Governor of Missouri. [Inclosure No. 2.] IIDQRs. FIRST MILITARY DIV., MISSOURI STATE GUARD Col. C. C. MARSH, Camp SiL-eston, August 17, 1861. Commanding U. S. Forces, Cape Girardeau, Jib. SIR: I send Edmund Burke, a citizen of Scott County, as bearer of letters from Governor T. C. Reynolds to General Fr~mont and yourself Page 128 128 PRISONERS OF WAR, ETC. Governor Reynolds has sent me a copy of these letters and I will take it 111)011 myself to remark in addition to the letters of Governor Hey- nol(15 that whenever such threats are used as that which is believed to have been uttered by you in the letter refrrred to or that whenever any such threats are carried into execution 1 will retaliate to the utmost of my ability. Yours, & c., M. JEFF. THOMPSON, Brigadier- General, Comm an ding. HEADQUARTERS ARMY OF THE WEST, Rolla, AJo., August 18, 1861. ADJUTANT-GENERAL, Headquarters Department of the West, Saint Louis, Jib. SIR: Mr. Emmett MacDonald, a messenger from the rebel army, is now here with a view to making an arrallgemneilt for the exchange of pris- oners. They have many more of our men than we have of theirs and propose a mutual liberation which I will agree to unless orders are received from the comman(hing general to the contrary. Mr. MacDonald is anxious to visit Saint Louis for a day. To this request I have not acceded but will thank you to lay the matter before the commanding general that lie may consider it and authorize him or not as he may deem best to visit Saint Louis. I have the honor to be, your obedient servant, 5. 1). STURGIS, Mi ajor P~rst Cavalry, Commanding. OFFICE PROVOST-MARSHAL, Saint Louis, Mo., August 21, 1861. Lient. Col. S. BURBANK, U. S. Aruly, Commanding Arsenal. COLONEL: The major- general commanding directs that Mr. Brownlee, now a prisoner in charge of your guard, be released from confinement and allow-ed to leave the arsenal on time following conditions: First. That he resign his commnission as president of the board of police commissioners. Secommd. That lie sign a pledge to leave the city to remain in some of tlme free States and not return here without the consent of the military authorities of the Government. The foregoing conditions must be complied with and the necessary p~ipers put into your l)ossession for transmittal to this office before Mr. Brownlee is released. I am, colonel, very respectfnlly, your obedient servant, J. MCKINSTRY, ]Illajor, U. S. Army, Provost-Marshal. HEADQUARTERS KANSAS BRIGADE, Kansas City, Mo., September 1, 1861. Major-General PRICE, Commanding Missouri State Guard. SIR: I am instructed by General James H. Lane, commanding Kan- sas Brigade, to say that he is willing to exchange Henry N. Rosser and Michael McCarty, prisoners in his hands, for any two conimissione Page 129 EARLY EVENTS IN MISSOURI, ETC. 129 officers of his brigade now in your liands. You can send them to this city and on their arrival I will immediately discharge and send under proper safeguards the two prisoners above named. I send this message by Lient. Thomas W. ~cudder, of my command, whom I will expect to have treated as a gentleman and soldier. Respectfully, & c., THOS. J. ANDERSON, Acting Assistant Adjutant- General. CAMP CAVENDER, Saint Louis, September 7, 1861. Capt. J. C. I(ELTON, U . S. Army, A. A. U., Western Department. CAPTAIN: I have the honor to ask what disposition is to be made of our men who were taken prisoners at Springfield and released on l)arole? I have beeii informed though not officially that an exchange has been made which absolves them from their parole. Please inform me if this is so. I am, captain, very respectfully, your obedient servant, J. M. SCHOFIELD, Major First Missouri Volunteers. [Indorsement.] SAINT Louis, Mo., September 7, 1861. The exchange referred to within was accomplished by Mr. MacDonald on the part of the rebel forces and myself on the part of the Govern- ment verbally. I declined to enter into negotiations of any other kind. The exchange was to be equal and without the imposing of any restraint~ upon the prisoners of either side, and I have no doubt but when the rebel forces learn of their prisoners having been released without l)arole they will consider ours as absolved also. S. D. STURGIS, Brigadier- General, U. S. Volunteers. U. S. MARSHALS OFFICE, Springfield, ill., September 8, 1861. Maj. Gen. J. C. FR~MONT, Saint Louis, Mo. GENERAL: The undersigned desires your order to arrest and deliver to you in the city of Saint Louis lion. James C. Robinson, member of Congress from the Seventh Congressional district in Illinois. Robinson is notoriously opposed to the war, the administration and all who are coni~ected with it and busily engaged in making the most treasonable speeches that can be made. He is not without influence and sympathizers and if permitted to remain at large he will cause much trouble. He is suspected of holding communication with the rebels aiid boasts of his sympathy for the cause of treason. If you will issue an order directed to me at this city I will deliver him into your hands in a few days. Yours, respectfully, D. L. PHILLIPS, U. S. Marshal. We indorse this. RICHARD YATES, Governor. WM. BUTLER, State Treasurer. 9 R R5ER II, VOL Page 130 130 PRISONERS OF WAR, ETC. SAINT Louis, September 9, 1861. Maj. J. M. SCHOFIELD, First Missouri lolunteers. SIR: Your letter of the 7th instant relative to the status of soldiers who were taken prisoners and released on parole has had the attention of the major-general commanding. He has decided under the circum- stances of facts indorsed on your letter by Brigadier-General Sturgis that the men are to be considered released from their parole, and directs that you furnish each of them with a certificate representing their release from parole oath for the reasons set forth by General Stur- gis; then order them to duty. Very respectfnlly, your obedient servant, J. H. EATON, Mqjor, U. S. Army, and Military Secret((ry. HEADQUARTERS BRIGADE, Camp Cairo, S~ptember 17, 1861. General U. S. GRANT Co ~n man ding District of Southeast Missouri. SIR: Having just closed the investigation of the cases of the steamers J olin Gault and Jefferson seized by the gnu-boat Conestoga, under command of Commodore Rodgers, and the prisoners taken on said boats I have the honor to report that I have released all the prisoners taken on the above-named steamers (twenty-five white persons) upon their parole of honor, and seven colored persons who were cooks and cabin servants on the steamer John Gault. I could find no evidence whatever which would warrant me in detaining them as prisoners. I have also examined into the cause assigned for the seizure of the steamer John Gault and can see no reason why she should be longer detained. The evidence shows that the boat was engaged in legitimate business ; that all her papers were properly certified by the surveyors of the ports of Louisville, Ky., and Evansville, md., and covered an authority to her to transport such articles as she had been carrying. I might further add that the evidence shows that the boat has not been beyond the Kentucky line since the vote upon the question of secession was taken in the State of Tennessee. I would therefore recommend a release of the steamer John Gault an(l that she be char- tered for Government use. As far as i-elates to the steamer Jefferson the captain and clerk were not on board at the time she was seized. I will make the case of the Jefferson and her cargo the subject of a future report. Yours, & c., JOHN A. MoCLERNAND, Brigadier- General, Commanding. BROOKFIELD, Septem her 22. 1861. Maj. Gen. JOHN C. FR~MONT: I have just arrived here from Quincy aiid have 100 of our men that were in the battle at Lexington; 2,000 more are at Hamilton, fifty miles west of this. Colonel Mulligan surrendered 4 p. m. Friday. Water cut oft. The entire command after surrendering were disarmed; non-commissioned officers and privates sworn and released; commis- sioned officers ai-e held as prisoners. Federal loss 39 killed and 12 Page 131 EARLY EVENTS IN MISSOURI, ETC. 131 wounded; rebel 1,400 killed and wounded. I send provisions forward to our gallant soldiers who have not been fed ftw two days. They were not re-enforced. B. M. PRENTISS, B1U/(UliCk- (Jeneral. HEADQUARTERS WESTERN I)EPARTMENT, September 23, 1861. Hon. S. CAMERON, Secretary of War: Nothing since my dispatch of this morning. Our loss 39 killed, 120 wounded; loss of enemy 1,400 killed and wounded. Our non-commis- sioiied officers and privates sworn and released; commissioned officers held as I)risoners. Our troops are gathering around the enemy. I will send you from the field more details in a few days. JNO. C. FR1~MONT, Major- General, Comma n(ling. HEADQUARTERS WESTERN 1)EPARTMENT, Saint Louis, ASeptem her 23, 1861. Brig. Gen. B. M. PRENTISS, Quincy, Ill. GENERAL: Your dispatch received. The surgeons of my staff and the sanitary commission are directed to communicate with you in regard to the wounded. Keep me fully informed of facts in relation to them so that their wants may be provided for as promptly as possible. J. C. FR~MONT, Major- General. SAINT Th U IS, AVpteJn her 24, 1861. General PRICE Commanding Missouri State Guard, Lexington, Mo. GENERAL: I am instructed by Major-General Fr~iiiont to say in reply to your proposal for the exchange of Cob Thomas A. Marshall, First Regiment Illinois Cavalry, for Mr. Prince L. iludgins that it is accepted and the latter will be released and delivered over to his son, the bearer of your letter. Please on receipt of this give to Colonel Marshall fi~cilities for reaching the nearest station of our trool)s. Respectfully, sir, your obedient servant, J. H. EATON, Colonel and Milita rq Secretary. HEADQUARTERS WESTERN I )EPARTMENT, Saint Louis, September 24, 1861. Capt. G. GRANGER, U. S. Army, Commanding Officer, Saint Louis A rsenal. SIR: Deliver to the bearer to be placed in his custody Mr. Prince L. Hudgins, detained as a prisoner in the arsenal. He is released by order of Major-General Fr~mont, having been exchanged oit an arrange- ment with General Price for Col. Thomas A. Marshall, First Regiment Illinois Cavalry. Very resl)ectfully, your obedient servant, J. H. EATON, Colonel a ad Al ilita ry Secretary Page 132 132 PRISONERS OF WAR, ETC. II EADQITARTERS Misso~i~ 1 STATE GUARD Lexington, Mo., ASeptCmber 24, 1861. General JAMES H. LANE, U. S. Army. SIR: I am instructed by Maj. Gen. S. Price, commanding Missouri State forces, to say that he is willing to exchange two of the U. S. offi- cers now Prisoners of war for Henry IN. Rosser and Michael McCarty, prisoners in your hands. 1 am, sir, very respectfully, your ol)cdiellt servant, HENRY LITTLE, Adjutant- General HEADQUARTERS ThIRD I )IYIsIoN, Sedalia, & 1)tefllber 29, 1861. Major-General FRfMONT, Commanding Army of the West. GENERAL: The bearer of these lines, Major Tyler, who was captured at Lexingtou and released since ou parole, is a graduate of the Military Academy of Virginia. He wishes to be exchanged as soon- as possible if such measure will be taken, and I take the liberty of recomnmcuding him to your favorable consideration. I am, general, your most obedieiit servant, F. SIGEL, Brigadier-General. HEADQUARTERS WESTERN I)EPARTMENT, U. S. ARMY, Camp Lillie, Jefferson City, September 30, 1861. Maj. Gen. STERLING PRICE, (Jommanding Mis8ouri State Guard. SIR: An order has been received at these headquarters signed by Brigadier-General Harris, Missouri State Guard, exchanging Licut. Edwin Moore, First Regiment Missouri Volunteers, for Captain Black- ford, Missouri State Guard. I am directed by Major-General Fr6mout to intorm you that as the proposal is not grade for grade he declines to approve this exchange. Very respectfully, your obedient servant, J. II. EATON, - Colonel and Acting Assistant Adjutant- General. [JEFFERSON CITY, September 30, 1861. Maj. Gemi. STERLING PRICE, Commanding iktissonri State Guard. SIR: I ani directed by Major-General Fr6mont to propose to you the exchange of Lieut. Col. John Knapp, prisoner of war now at Saint Louis, for Lieutenant-Colonel Thacher, U. S. Volunteers. If this meets with your approval please notify me at once. Very respectfully, your obedient servant, J. LI. EATON, Colonel and Acting Assistant Adjutant- General Page 133 EARLY EVENTS IN MISSOURI, ETC 133 1 IEADQUARTERS, Aakts(ts City, & ptember ~O 1861. ASSISTANT ADJUTANT-GENERAL, Headquarters Western I)epartrnen t, Sa~ nt Louis, Mo. SIn: I would respectfully ask sonic information in regard to the dis- position to be made of prisoners released by the rebel forces. I am aware that the subject is one which has OcCupied the atfention of the Government but am not aware that any conclusion has been arrived at in regard to their disposition. At the present time I find myself somewhat embarrassed by the great number of prisoners returning from Lexington, Mo., and especially so in regard to the officers. Two or rather one application has been made to inc by General Price and one to General Lane on the subject of the exchange of officers. In the case of the proposed exchange with General Lane I have referred the matter to him, but in regard to the proposed exchange for an officer of the rebel forces who is now here I have postponed any action until I will have received some inThrmnation on the subject from higher authority. I am , sir, respectfully, your obedient servant, S. I). STITIIGIS, Briya(lier- (len era 1, (~omnw anding. CHILLiCOTHE, Mo., October 1, 1861. Capt. CHAUNCEY MCKEEVER, Assistant Adjatant- General. Saint Louis, 211o. SIR: Your polite communication of September 25 is just received. Your instructions in regard to military prisoners have been anticipated and acted upon. Those semit by inc from Hannibal were sent iii accord- ance with an order from the major-general commanding through his military secretary, Major Eaton. In regard to communications addressed to headquarters I have to say that the one returned by you was written under my direction and signed in my own name as com- nianding officer of the regiment. The signature of the a(ljutant was unknown to me and altogether gratuitous, neither adding to nor detracting from the import of the communication. I return the papers and letter addressed to Governor Robinson as you direct and respect. fully ask your early attention to the business to which they pertain. Very respectfully, 0. E. LEAlINAIRD, Lieutenant- Colonel, Corn dg. First Regiment Kansas Volunteers. HEADQUARTERS WESTERN DEPARTMENT, Saint Louis, October 4, 1861. Brig. Gen. S. R.. CURTIS, Comm an ding, & c., Ben ton Barrack-s. SIR: In obedience to General Orders, No. 69, War Department, Adjutant-Generals Office, dated Washington, August 28, 1861, the major-general commanding- directs that you discharge from the service forthwith all enlisted mcii in the volunteer service under your command - who have been taken prisoners by the enemy and released on parole. I am, sir, very respectfully, your obedient servant, CHAUNCEY MeKEEVER, Assistant Adjutant- General Page 134 134 PRISONERS OF WAR, ETC. hEADQUARTERS WESTERN DEPARTMENT, & ant Louis, October 1O~ 161. Brig. Gen. S. F). STURGIS, Commanding, & c., Ifansas City. SIR: In reply to yours of the 30th ultimo I have to stat3 that you will at once order an officer to master out of the service all enlisted men (volunteers) who have been taken prisoners by the rebels and released on parole. You will also exchange as many officers as pos- sible. I am, sir, very respectfully, your obedient servant, CHAUNCEY MoKEEVEiR, Assistant 4 ~jntan t- General. HEADQUARTERS WESTERN I)EPARTMENT, ,aint Louis, October 11, 1861. Capt. XV. E. PRINCE, First Jnfrtntry, Commanding Fort Learenworth. SIR: The commanding general directs that you send au officer of your command to Saint Joseph to muster out of the service all the enlisted men that have been taken prisoners by the enemy and released on parole. You will direct the officer to make public il a Saint Joseph newspaper the date and place of mustering out. I am, sir, very respectfully, your obedient servant, CHAUNCEY MUKEEVER, Assistant Adjutant- General. SAINT Louis, October 16, 1~61. Hon. S. CAMERON. SIR: There are from 50 to 100 dangerous secessionists in this city. In the event of Federal reverses I think it best to seize and hold them as prisoners. We have no fit place to detain them and it were better that they were out of the State. I would respectfully suggest the occu- pation of the fort at Mackinac for that purpose. Please advise me by telegraph what are your directions. JNO. McNEIL, (o lonel Aut eteca Ut Misson ri, A ssista ut Pro rost-Marsit a 1. HEADQUARTERS MISSOURI STATE GUARD, Camp near Greenfield, October 16, 1861. rGener~tl J. II. LANE.J GENERAL: When at Drywood I captured a number of prisoners beloiigiiig to the State of Kansas. I released them all. At Lexington I released a large number, the officers upon parole. Having so done I confidently relied upon your pursuing the same course with regard to citizens of the State of Missouri. You have as prisoners Messrs. Rosser and Harris; also a soldier captured at IDrywood. Young Rosser has never been in the ranks of the army in any way. I will give an unconditional release for any Kansas officers you may designate for these or for any others you may have in your command. I am, general, respectfully, ~. PRICE, Major- General, Commanding Page 135 EARLY EVENTS IN MISSOURI, ETC. 135 HEADQUARTERS POST, Rolla, Mo., October 19, 1861. Capt. C. MOKEEVER, Assistant Adjutant.General, Saint Louis, Mo. CAPTAIN: I have seventy-four prisoners taken at the battle of Henry- town and Linn Creek, all taken in arms. I shall seiid the commissioned officers forward. What shall I do with the other prisoners? Can I put them to work on the fortifications? - I am, very respectfully, your obedient servant, G. M. DODGE, Colonel, Commanding Post. HEADQUARTERS, Fort Scott, October 19, 1861. Brig. Gen. JAMES H. LANE, Commanding Kansas Brigade. SIR: General Price has made a proposition to exchange prisoners. If it is within the rules of the Government we have some here that might be exchanged to advantage. On Thursday, the 17th instant, the secesh army under Rains, Price and Hunter were seven miles beyond Greenfield on the Springfield road. Humboldt was burned last Mon- day evening by 331 secesh troops under Talbert, Irwin and Living- stone. I received the news on Tuesday morning and made a movement to cut them off but they were twenty-four hours ahead and crossed on south side of Keosho River in direction of Sherwood. There is a nest in the neighborhood of Preston, Lamar, Sherwood and Carthage that needs attending to. I have scouts in thereto ascertain their whereabouts. They will return to-morrow or next day. If there are any chances of [success] I intend to move against them. If you can spare them I hope you will send us sufficient re-enforceinents to make us successful in the attack. If possible we would like to see you here. Respectfully, your obedient servant, WM. R. JUDSON, Colonel, Commanding Sixth Regiment Kansas Volunteers. HEADQUARTERS COMMAND, Saint Joseph, October 21, 1861. Brig. Gen. B. M. PRENTISS, Jefferson City, Mo. SIR: Captain Thomas, of the Thirteenth Missouri Regiment, Colonel Peabody, will hand you this. He is now a prisoner on parole of honor. We hold one Captain Blatchford of the rebel army prisoner at this station. I would recommend the exchange of Captain Thomas for Cap- tain Blatchford if it can consistently be effected. Yotu obedient servant, F. F. SMITII, (Jolonel, Coin ntandinq Post. HEADQUARTERS COMIVIANI), Saint Joseph, October 22, 1861. Brigadier.General PRENTISS. SIR: The bearer of this, Captain Thomas, of Colonel Peabodys (Thirteenth Missouri) regiment, has captured and brought prisoner t Page 136 136 PRISONERS OF WAR, ETC. this station Lient. II. Robinson of the rebel army who is now on his parole of honor to appear at Saint Joe on day of November, 1861. I am exceedingly desirous that an exchange be made of this lieuten- ant for Lieutenant Moore of our regiment who is now a prisoner of the rebels and on parole of honor. If you can consistently effect the ex- change you will much oblige, Your obedient servant, 11 F. SMITH, Colonel, Commanding Post. SPECIAL ORDERS, HEADQUARTERS WESTERN DEPARTMENT, No. 306. Saint Louis, Alo., October 28, 1861. * * * * * VI. In pursuance of paragraph II of General Orders, No. 69, of August 28, 1861, ftom the War Department, the enlisted men of the Thirtythird Illinois Volunteers taken prisoners at the Big River bridge and released on parole are hereby discharged from the service of the United States to take effect November 1, 1861. By order of Major-General Fr~mont: CHAUNCEY MCKEEVER, Assistant Adjutant- General. SPECIAL ORDERS, ~ HEADQUARTERS CAMP FR~MONT, No. 141. ~ Cape Girardean, November 21, 1861. Capt. Thomas A. Boyd, Company H of the Seventeenth Illinois Volun- teeis, is ordered to receive into his custody the persons of Capt. William C. Portal, and Thomas H.White and John M. Lyle, clerks of the steamer Platte Valley, and to deliver the said individuals into the custody of tile authorities of the U. ~. arsenal at Saint Louis, Mo. These parties are sent forward by the order of Brig. Gen. U. S. Grant, commanding District of Southeast Missouri, with general charges to await trial. Captain Boyd will report to Capt. 1\I. N. Warner, provost-marshal, for the reception of said parties and all necessary instructions in regard thereto. By order of E. P. Wood, lieutenant-colonel Seventeenth Illinois Vol- unteers: GEG. P. EI)GAII, Captain and Assistant itdj atant- General. HEADQUARTERS POST, Rolla, Mo., November 23, 1861. Capt. WILLIAM MCMICIIAEL, Assistant Adjutant- General. CAPTAIN: I respectfully request instruction on the following points: I have 150 prisoners at work on the fortifications at this post; they are nearly destitute of clothing, have no blankets and are suffering. Can I issue blankets or clothing to them ~ There wet-c turned over to me when I took command of this post about forty slaves who were taken from men in the rebel army. What shall I do with them ~ I am, very respectfully, your obedient servant, G. M. DODGE, Colonel, Commanding Post Page 137 EARLY EVENTS IN MISSOURI, ETC. 137 GENERAL ORDERS, IIDc~ns. 1)EPARTMENT OF TILE MISSOURI, No. S. Saint Louis, Mo., November 26, 1861. * * * * * * * IV. In all cases where prisoners taken at other posts or in the field are sent to Saint Louis they will be accompanied with a written state- ment of the charges against them and the evidence upon which the arrest was based. Otherwise prisoners so sent will be released on their arrival here. V. No person will be hereafter arrested without good and substantial reasons and officers making arrests without sufficient cause or without authority will be held to account and punished. And officers sending prisoners to Saint Louis without charges, proofs or proper explanations will be charged with the expenses of their transportation. By order of Major-General Halleck: .J. C. KELTON, A ssista n t A djntan t- General. HDQRS. FIRST MILITARY DiST., MISSOURI STATE GUARD, Camp New Madrid, November 26, 1861. Major-General HALLECK, U. S. Ar my, Saint Louis, Jib. SIR: I see by the newspapers that Captain Portal and other officers of the steam-boat Platte Valley were arrested upon their arrival in Cape Girardean after my having captured that boat. Whatever offenses Cap- tain Portal and officers may have been guilty of before or after said capture I do not know amid it was not my business to inquire but as to his having connived at or his having the most remote idea of or com- pheity in the capture of the boat or the slightest knowledge of my presence at Priors Landing prior to his landing there you may rest assured on my honor as a soldier that he is innocent, as are all his crew. I make this statement as a simple act of justice; and if I was lenient toward the prisoners and forbearing in instructions it was not from any arrangement with Captain Portal or his crew. Lieutenant-Colonel Chappell, one of my aides, the bearer of this, can give you a statement of the facts. Yours, mnost respectfully, M. J EFF. ThOMPSON, Brigadier- General, Commanding. SAINT Louis, November 27, 1861. Major-General HALLECK. SIR: Much interest is felt for the release of Judge James II. Birch, a member of the State convention and staunch active Union man who has been captured and taken to Prices army. It is proposed to offer for exchange Maj. Uriel Wright who is a secession member of the same body and now as I understand out of prison on parole. lie was arrested by the provost-marshal. If the exehamige can be arranged it will be useful. I leave the matter to your best judgment. Your obedient, H. H. GAMBLE Page 138 138 PRISONERS OF WAR, ETC. WEDNESDAY MORNING, November 27, 1861. Major-General HALLECK. SIR: I recommend Col. James H. Birch, ~jr., and Capt. Thomas B. Biggers as gentlemen suitable to bear a flag of truce to General Price to effect an exchange of Hon. James H. Birch. Very respectfully, 11. R. GAIvIBLE. SPECIAL ORDERS, HD QRS. 1)EPARTMENT (iF THE Missouni, ~o. 15. Saint Louis, November 28, 1861. * * * * * * * III. It having been represented to me that persons pretending to act under the authority of Brigadier-General Price, now in arms against the Government of the United States, have seized and taken to General Prices camp as a prisoner of war Judge James 11. Birch of this State, I now therefore appoint James H. Birch, jr., and Thomas B. Biggers commissioners to confer with General Price or any person or persons appointed by him to negotiate for the release of the said Judge James H. Birch if so held a prisoner by order or authority of General Price, and they are authorized to offer in exchange Maj. Uriel Wright now held by us as a prisoner on parole. If it should become necessary for these commissioners to proceed from one of our posts to any hostile camp in the performance of this duty they will be accompanied by an officer bearing a flag of truce. The officer bearing such flag of truce will proceed according to custom and the laws of war applicable to such cases. * * * * * * * By order of Major-General Halleck: J. C. KELTON, Assistant Adjutant- General. HEADQUARTERS SECOND DivIsioN, syracuse, December 2, 1861. Majoi~-General HALLECK: Doctor Moore, a prominent citizen of this section, desires to go to Prices camp north of Osceola with letters from Governor Gamble, hav- ing in view negotiations for disbanding Prices forces and their return to allegiance to Government. Shall Doctor Moore be passed through our lines for this purpose ~ The letter of Governor Gamble states the con- ditions of immunity for past offenses as defined to him by the Presi- dent. Price is in a desperate condition and no doubt many of his command if not the larger part of it would avail themselves of such a chance to lay down their arms. Doctor Moore awaits your decision. [~JOIJN POPE,] Brigadier- General, V. S. Volunteers. IIDQRS. FIRsT MILITARY DIST., Missouni STATE GUARD, New Madrid, December 2, 1861. Col. J. B. PLUMMER, U. S. Army, Cape Girardean, Mo. SIR: Yours of the 20th by Private Lewis T. Wadkins is received. Vou will find inclosed a letter directed to Major.General Halleck upon the subject of an exchange of prisoners and which would have been forwarded sooner but for the want of a proper messenger Page 139 EARLY EVENTS IN MISSOURI, ETC. 139 Pending his decision or determination in regard to the matter I cheerfully release Capt. T. J. Larison and Lieut. J. B. Tenney, of the Second Illinois Cavalry, in exchange for MeKollard and Frazier and at the same time beg leave to compliment Lieutenant Tenney on his manly and gentlemanly deportment at the time of the capture. I am perfectly satisfied with the exchange for Judge Conrad although I d~ not know either of the parties exchanged for him. I make the case of MeMillan and Merkle, the spies captured on the Platte Valley, the subject of another letter. Yours, most respectfully, M. JEFF. THOMPSON, Brigadier- General, Commanding. [Inclosure.] HDQRS. FIRST MILITARY 1)1sT., MissouRi STATE GUARD, New Madrid, December 2, 1861.* Major-General HALLECK, U. S. Army, Saint Louis, Mo. SIR: On the 14th day of October at the Big River bridge and Black- wells Station on the Iron Mountain Railroad I captured a captain, three lieutenants and fifty odd privates belonging to the Thirty-third Illinois Regiment. On the 19th day of this month on the steam-boat Platte Valley I captured a captain, a lieutenant and nine privates of the Illinois troops. These were all released upon their parole and a promise not to serve against us until regularly exchanged. The troops under your comluand have some few of my officers and men who were captured at Fredericktown and I understand some others that were absent on furlough have also been taken. Still 1 am satisfied you have not so many of mine as those of yours paroled by me; but as it is hardly fair you should have to feed both lots I should be pleased to release all of those we have captured from their parole if you would please send home those you have belonging to my division of the Mis- souri State Guard (First Division). Captain Elliott, of the Thirty-third Illinois, can inform you of those taken on the Iron Mountain Railroad, and Captain Larison, of the Second Illinois Cavalry, can inforln you of those taken on the Platte Valley. Yours, most respectfully, M. JEFF. THOMPSON, Brigadier- General, (om man ding. OFFICE OF PROVOST-MARSHAL, Saint Louis, Mo., December 4, 18G1. Maj. Gen. II. W. HALLECK, Cont in anding Department of the ]Ifissours. GENERAL: In compliance with your (verbal) order to prepare a state- muent relating to the departments under my charge as provost-marshal, the force employed, how, where, its expense, & c., I beg leave to submit the following: At the principal office which is under my own especial charge in which is transacted all general business there are employed three clerks at a monthly salary of ~1l0, $75 and $50 respectively. By giving my It does not appear that General Halleck ever answered this letter; but see Hafleck to Carlin, January 29, 1862, post Page 140 140 PRISONERS OF WAR, ETC. owi~ personal attention as 1~W as possible to every matter pertaining to the duties of the office I have been enabled considerably to reduce the force from that originally employed; it cannot, however, be further reduced, the duties of each being very onerous and requiring uninter- rupted attention. The police department is under the general control of an experienced officer. * - * Reports are sub~mtted and instructions given every morning at my office and during the day upon any matter of impor- tance. Iii relation to this (lel)artmellt it is proper to add that the f~~rce employed is not used in this county alone. Detectives have been fnr~ nished from the force for all points of the State on proper representa- tion to me of their necessity. They have been invaluable in disaffected districts in discovering facts which it has been impossible to obtain by the ordinary means. I will state that for some weeks past it has been my intention to organize this department almost entirely froni enlisted men arid arrange- ments are now in progress for that purpose. It is believed that with but little effort men can be found in the different regiments who under an experienced chief will answer every purpose, and thus while not impairing the efficiency naturally reduce the expense of this branch of the service. Included in the i umber stated above are three detectives who are used in special cases under my own immuediate instructions aimd are not known to the chief of the department. * * * * * * * The military prison is in charge of one keeper at $100, one assistant keeper at ~30 per mouth. The number of prisoners that can be accom- modated will not exceed ninety, although there has been as many as 140 confIned at one time. Upon ami average it will be found that about one-half of them confined at any given time are soldiers confined tem- porarily for violation of police regulations and who are always returned to their several commands at the earliest opportunity; the remainder are those arrested (here and in other parts of the State) for giving aid and comfort to the enemies of or bearing arms against the Government. I beg leave respectfully to submit that the present prison is entirely inadequate to security and l)ersoliah comfort of so many prisoners as are usually confined therein. If sommie place could be secured at Jefferson Barracks or at the arsenal for those whom it is designed to hold during the war or for a considerable period leaving the present prison for police purposes and prisoners from other causes temporarily confined it would in my opinion be of advantage to the service. * * * * * * * I may be permitted to say that on my appointment to the position I hold I found the department greatly disorganized and that from the date of the proclamation of martial law there had been exercised a very general jurisdiction over civil as well as military matters. Perhaps at first it was in a measure necessary, bnt if so the necessity exists no longer; and it has been my aim by thorough organization to increase its efficiency though operating with a less force and disentangle it from all connection with civil matters except imi cases of absolute neces- sity and where it is believed the interests of the Government impera- tively require it. The police department of the city is nuder the control of men of unquestioned loyalty, and a thorough llI1(lerstanding exists between the chief of that department amid myself so that there may be co-operation when desired. The executive of the city while he is not to be con Page 141 EARLY EVENTS IN MISSOURI, ETC. 141 sidered loyal is not one who would give aid or assistance against us. He has scrupulously avoided all chance of collision and where the peace and good order of the city has been involved has not hesitated to operate in connection with this department. The council and aldermen are all of undoubted disloyalty but noth- ing is to be apprehended from them, the police and executive being the only branches of the city government with which it is desirable that this department should co-operate. A full recapitulation of the foregoing statement will indicate an expense to the Government of the whole department under my charge of $2,650 per month in addition to my own compensation which has not been fixed. It may be remarked, however, that more than two- thirds of this is for a service not necessarily an incident of the existence of martial law but which must under any circumstances be incurred in some department so long as the present state of affairs exist. I have the honor to be, general, GEORGE E. LEIGHTON, Provost-Mar8h a 1. HEADQUARTER S DISTRIcT OF CENTRAL MISSOURI, Ayraense, December 5, 1861. istant Adjutant- General. Capt. J. C. KELTON Ass CAPTAIN: I have the honor to report that prisoners are rapidly accumulating on our hands. Every day patrols or pickets bring in men returning from Prices army, sometimes with arms but more fre- quently without. Many of them seem anxious to take the oath of allegiance whilst all will swear not to take up arms again. I do not know what are the purposes of the general commanding the depart- nient in relation to such prisoners and shall keep them in custody until I receive orders for their disposition. [JOHN POPE, Brigadier- General, Commanding.] ~tatns of some of the Union prisoners captured by General Price at Lexington. SAINT Louis, December 5, 1861. Brig. Gen. L. THOMAs, Adjutant-General U. AS1. Army. GENERAL: The enlisted men of Colonel Mulligans regiment of vol- unteers taken prisoners by the enemy and released on parole have been discharged the service* as directed in General Orders, No. 69, War Department, Adjutant-Generals Office, Washington, August 28, 1861. The commissioned officers are here claiming still to be in the U. S. service and entitled to pay and emoluments. The question presented is do officers when the enlisted men of their commands under above orders are discharged cease to be officers in Some or all of the Union soldiers surrendered at Lexington gave a parole that they would not again take up arms against the Confederate States. Hence the order mustering many of them our of the service. Under the Fr6mont-Price cartel most of the Lexington prisoners w-ere released from this sweeping parole and exchanged. But the coi~troversy about their status continued for sonic time afterward. Many of the records relating to it are missingCompiler Page 142 142 PRISONERS OF WAR, ETC. the service of the United States or not? This is asked in refe~ence to Colonel Mulligans regiment but it is desired the decision should apply to all similar cases. Very respectfully, & c., H. W. HALLECK, Jipor- General. HEADQUARTER S TWENTY-SEVENTH REGIMENT, December 13, 1861. [Maj. Gen. JOHN POPE.] GENERAL: Some days ago I addressed a letter to General Halleck in regard to sixty-two men belonging to my regiment who were taken prisoners and made to take aii oath not to take np arms against the Southern Confederacy. These men at that time were at Bentoii Bar- racks. On the 11th instant they reached this point and reported that General Strong ordered them to this place to be mustered out and decline doing duty. Will you please inform me what course to pursue in regard to them as my letter to the department has not been answered. Very respectfully, HENRY (4. KENNETT, Lieutenant- (7olon ci, Coin in an ding Twenty-se cent/i (iii io. & dalia, HEADQUARTERS, Mo., December 13, 1861. Respectfully referred to headquarters of the department with the recommendation that orders may be given to muster these men out of the service. FREDK. STEELE, Colonel, Commanding. II EADQ I ARTE RS I)EPARTMENT (IF THE MISSOURI, AS~aint Lou is-, December 17, 1861. Col. F. STEELE, Commanding, & c., & dalia. COLONEL: The commanding general directs that you have mustered out of the service and discharged those men of the Twenty-seveiith Ohio Regiment who are now under parole. Very respectfully, your obedient servant, WILLIAM MCMICHAEL, Assistant Adjutant- General. BIRDS POIN3, Mo., December 18, 1861. Adjutant-General KELTON. DEAR SIR: On the 20th of September last seven of the twelve com- panies composing the First Illinois Cavalry (Colonel Marshall) surren- dered themselves prisoners of war at Lexington and with them were all of the field and staftof said regiment. The non-commissioned officer Page 143 EARLY EVENTS IN MISSOURI, ETC. 143 and privates were formally mustered out of service shortly after their release from the enemy and the officers supposed themselves still in service and ready for duty as soon as exchanged. The majority of the officers including myself have been formally exchanged. Colonel Marshall received orders from the State execntive to recruit and fill up his regiment and he accordingly issued orders to the company offi- cers to recruit and fill up their companies; and whilst affairs stood thns about the 25th of last month, General ilalleck through you issued an order to me to come to this point and take command of two companies (Nolemans and Burrells), and within a few days information has reached me but whether reliable or not I am unable to determine that within a short time and since my departure from Saint Louis General ilalleck has decided that the effect of orders from Washington places Colonel Marshall ont of the service, bnt whether the lieutenant-colonel and myself are within the decision or not I have not been able to learn. You can readily perceive that I wish further light. I want to know what decisions have been made touching our regimental organization and who all and who are not decided out of the service (in case any decision has been made on the sub~ject); and in case I am considered in the service I want to know how I am to get the other two companies I am entitled to; whether I would be entitled to take by order of the State executive any two companies he might be willing to furnish or whether he can assign two companies under the officers of the old regiment that have raised new companies. I would like to have the companies as soon as possible so as to enable me to get them fully organized, armed and equipped at the earliest practicable period. Will you do me the favor to send me information on these points as soon as practicable. Yours, truly, D. P. JENKINS, Major First Illinois Carairy. HEADQUARTERS DEPARTMENT OF TIlE MISSOURI, Saint Louis, December 19, 1861. Brig. Gen. W. K. STRONG, Commanding, & c., Benton Barracks. SIR: It appears that Article XIX, Revised Regulations, is not fully understood. Enlisted men taken prisoners by the enemy and released on parole or when unfit for military service in consequence of wounds, disease or infirmity can only be discharged from the service of the United States by the major-general commanding the department. I am, very respectfully, your obedient servant, J. C. KELTON, Assistant Adjutant- General. BENTON BARRACKS, April 5, 1862. Major-General HALLECK. RESPECTED SIR: We the undersigned respectfully solicit your attention for a few moments in regard to this article concerning the First Illinois Cavalry Volunteers, we having been compelled to come back into the service and that too under false pretenses; and we ask why all the members of the above regiment are not compelled to return if any part of them are I We do respect the oath which circumstance Page 144 144 PRISONERS OF WAR, ETC. compelled us to take when we were taken prisoners at Lexington and there snrrendered onr arms to General Price of the Confederate Army. We there took a solemn oath before God and man that we would not take up arms against the Southern Confederacy. We consider it onr dnty to stand by that oath and if we do take up arms again we will have to answer br a sin which we are ccmpelled to commit, and more- over we do not think that an exchange will relieve us from that oath. We cannot think that oath null and void; we wonid be happy to think so but we do not. The officers of this regiment can retnrn to the serv- ice with a clear conscience as they did not take an oath but were released on parole of honor and have been exchanged. We wish to do what is right and we will do that come what will. We hope to hear from yon soon. BENJAMIN F. BROWN, President. M. B. SMITH, ASecretary of ]Jleeting. WASHINGTON, June 25, 1862. Major-General HALLECK: It has beeii reported at this office that certain men in the Thirteenth Missouri Volunteers who were taken prisoners at Lexington and released on parole have been forced into the Twenty-fifth Missouri Vol- unteers. Some of these men were taken prisoners at Shiloh and bay- oneted on the spot; others are said to be liable to similar treatment. Please investigate this matter. Have the paroled men relieved from duty and furloughed until (lischarged. Call npon their officers for reports. By order of the Secretary of War: L. THOMAS, Adjutant- General. HDQRS. TWENTY-FIFTH REGIMENT MISSouRI VOLUNTEERS, In Can~p near Corinth, July 18, 1862. ASSISTANT ADJUTANT-GENERAL, Headquarters Department of the Mississippi, Corinth. SIR: I have the honor to transmit a list* herewith of the non-com- missioned officers and privates of the Twenty-fifth Regiment Missouri Volunteers who were taken prisoners at Lexington with remarks set against their names to show how they stand in regard to exchanges. I have recommended the discharge of some inasmuch as I find they did not intend to re-enter the service after being disbanded by order of General Fr6mont but felt themselves compelled to do so under the orders of the War I)epartment and of Colonel Peabody. These orders it is understood are considered illegal by the department headquarters and the men are supposed to be entitled to their discharges. It will promote the efficiency of the regiment if the subjects of exchange and discharges can be soon passe(I upon. I am, sir, very respectfully, your obedient servant, CHESTER HARDING, JR., Colonel, Commanding Twenty-fifth Missouri Volunteers. * Omitted Page 145 ~!! (~IV1~1 -~ffTh f~ IMENT ~ft5SO URI VOLUNTEERS, In Camp nectr Corinth, July 2-1, 1862. Maj. J. A. RAWLINS, Asst. Adjt. Gen., District of West Tennessee. SIR: I have the honor to address you for the purpose of 3alling the attention of the commanding geueral to the condition of the Twenty- fifth Regiment Missouri Volunteers in the command of which I have been since the 4th instant. September 20, 18f31, the regiment was sur- rendered at Lexington, Mo., and in a short time thereafter was released upon parole. In October General FrPmont then in command of the department ordered it to be disbanded and the men to be mustered out of service. The order was carried into effrct October 26, 1861. Afterward an arrangement was made by Generals Fr~inont and Price whereby the Camp Jackson prisoners on parole were to be exchanged as far as their numbers reached for an equal number of Lexington this regiment (then known as the Thirteenth Missouri Volunteers) received tbeir release from parole but iimuy still remained under their obligation. In February, 1862, the War J)epartment issued a special order (No. 29) by which the muster-out was cancelled and the officers and men were required to report to regimental headquarters for duty. Col. Everett Peabody who then commanded the regiment thereupon published his order to the etkct that those who failed to report would be treated as deserters. Many of time men came back for no other reason than that they supposed these orders could and would be enforced against them. In a few instances men were takeii from home by actual force and compelled to serv~. Of both these classes there were those who had been and those who had not been exchanged. The ranks of the regiment were filled by recruiting and every company had more or less new recruits who then enlisted for the first time as well as more or less of the old regiment. At the battle of Shiloh (as was reported among and believed by the men) some of our wounded were recognized by the enemy as having been paroled and were bayomieted on the spot. This report the officers believe to be untrue but it has created uneasi- ness in the ranks. Some of the latter addressed a memorial to General Hahleck upon the subject and also brought the matter before the War Department. I transmit herewith an official copy of a letter of instruc- tions from the Adjutant-General to General Jialleck to which I respect- fully refer.* I also inclose histst as follows: firsf, names of paroled prisoners unexchanged who claim discharges; second, names of non- commissioned officers and privates who were mustered out, released from J)arole and afterward unwillingly rejoined iii consequence of force or of the orders above referred to and who now claim discharges; third, names of paroled prisoners unexchanged who desire to be exchanged and to continue in service; fourth, names of others who have their ex- changes and rejoined voluntarily. These desire a recognition of the validity of the certificates given to the Lexington prisonersone~ is in- closed; all the rest are similar to it. I respectfully ask early action in the premises. IDiscussiomi of these topics among the men cannot but lower the morale of the regiment, and although no instances of insubor- dination have as yet occurred I feel that the present condition of things cannot long continue. I am, sir, very respectfully, your obedient servant, CHESTER HARDING, JR., Colonel Twenty-fifth Missouri Volunteers. * See Thomas to Hafleck, June 25, p. 144. t Lists omitted. Not found. 10 R RSER II, VOL Page 146 EARLY EVENTS IN MISSOURI, ETC. 145 IIDQRS. TWENTY-FIFTH REGIMENT MISSOURI VOLUNTEERS, In Camp near Corinth, July 24, 1862. Maj. J. A. RAWLINS, Ass t. Adjt. Gem, District of West Tennessee. SIR: I have the honor to address you for the purpose of 2alling the attention of the commanding general to the condition of the Twenty- fifth Regiment Missouri Volunteers in the command of which I have been since the 4th instant. September 20, 1861, the regiment was sur- rendered at Lexington, Mo., and in a short time thereafter was released upon parole. In October General Fr~mont then in command of the department ordered it to be disbanded and the inei~ to be mustered out of service. The order was carried into effect October 26, 1861. Afterward an arrangement was made by Generals Fr6mont and Price whereby the Camp Jackson prisoners on parole were to be exchanged as far as their numbers reached for an equal iiumber of Lexington prisoners. Under this arrangement a part of the officers and men of this regiment (then knowum as the Thirteenth Missouri Volunteers) received their release from parole but many still remained nnder their obligation. In February, 1862, the War 1)epartment issued a special order (No. 29) by which the muster-out was cancelled and the officers and men were required to report to regimental headquarters for duty. Col. Everett Peabody who then commanded the regiment thereupon published his order to the effect that those who failed to report would be treated as deserters. Many of the men came back for no other reason than that they supposed these orders could and would be enforced against them. In a few instances men were taken from home by actual force and compelled to serv~. Of both these classes there were those who had been and those who had not been exchanged. The ranks of the regiment were filled by recruiting and every company had more or less new recruits who then enlisted for the first time as well as more or less of the old regiment. At the battle of Shiloh (as was reported among and believed by the men) some of our woun(led were recognized by the enemy as having been paroled and were bayomieted on the spot. This report the officers believe to be untrue but it has created uneasi- ness 1mm the ranks. Some of the latter addressed a memorial to General ilahleck upon the subject and also brought the matter before the War Department. I transmit herewith an official copy of a letter of instruc- tions from the Adjutant-General to General Ilalleck to which I respect- fully refer.* I also inclose listst as follows: fimsf, names of paroled prisoners unexchanged who claim discharges; second, names of non- commissioned officers and privates who were mustered out, released from l)arole and afterward unwillingly rejoined iim consequence of force or of the orders above referred to and who now claim discharges; third, names of paroled prisoners unexchanged who desire to be exchanged and to continue in service; fourth, names of others who have their ex- changes and rejoined voluntarily. These desire a recognition of the validity of the certificates given to the Lexington prisonersone$ is in- closed; all the rest are similar to it. I respectfully ask early action in the premises. Discussiomi of these topics among the men cannot but lower the morale of the regimnent, and although no instances of insubor- dination have as yet occurred I feel that the present comidition of timings cannot long continue. I am, sir, very respectfully, your obedient servant, CHESTER HARDING, JR., Colonel Twenty-fifth Missouri Volunteers. * See Thomas to Halleck, June 25, p. 144. t Lists omitted. Not found. 10 R RSER II, VOL Page 147 EARLY EVENTS IN MISSOURI, ETC. 147 I First iud~rseuent. I HEADQUARTERS DISTRICT OF Missouni, Saint Louis, September 19, 1~62. The Lone Jack prisoners will all be mustered out of service. By order of Brigadier-General Schofield: C. W. MARSH, Assistant Adjutant- General. [Second iudorseuieiit. I Send Lexington prisoners to Benton Barracks. By order of Brigadier-General Schofield: C. W. MARSH, Assistant Adjutant- General. HEADQUARTERS DISTRICT OF CENTRAL MISSOURI, Syracuse, December 7 1~6i. General CULLUM: * * * * * Many of his [Prices] men have come in and asked to lay down their arms promising to take them up no more. Of course such promises even when accompanied by the oath of allegiance amount to nothing. One-half the men in this section of country have been thus sworn by one side or the other but there are few of them who observe such oaths. The patrolling parties frequently capture men from Prices army who are at home on furlough or to recruiL I have many such prisoners. I would also say that I am fearful that important dispatches by tele- graph are intercepted between here and Saint Louisthat is that they are taken oft from the wires in course of transmittal and communicated to the enemy. it is easy with a short wire and instrument to do this at any point of the line and I therefore very much dislike to send important news by telegraph unless in cipher. A cipher has been made for this department I would respectfnily suggest that it be used in all dispatches of importance. I am, general, very respectfully, youi- obedient servant, [JOHN POPE,] Brigadier- General, Commanding. GENERAL ORDERs, ~ HDQRS. I )[sTRLCr OF CENTRAL MISSOURi, No. 14. Syracuse, December 9, 1861. CoL A. P. Hovey, Twenty-fourth Indiana Volunteers, is appointed provost-marshal of this district and will be obeyed and respected accordingly. He will establish his headquarters at Otterville or at the cantonment on the Lainine River. Hereafter all prisoners captured by our patrols, pickets or other detachments except such as are taken to Jefferson City will be sent to Colonel Hovey at Ottervihle who is hereby charged with the care and sale-kee~)iIIg of all prisoners within this district belonging to the forces of the enemy or who have been giving him aid aiid comfoi-t Page 148 148 PRISONERS OF WAR, ETC. Whenever prisoners are sent to the provost-marshal written state- ments of the allegations against them certified under oath giving details of capture, name, description of person and such other testi- mony against them as will be sufficient to fix upon them the facts charged will be transmitted with them. The provost-marshal shall make requisition upon the proper depart- ment br the guard for houses and tents, for blankets when needed, for provisions and for all other things required for the security and proper care of the prisoners placed in his keeping, and will furnish as soon as possible to these headquarters copies of the affidavits above specified. It is only the purpose of the Government to keep such prisoners in confinement until their cases may be acted on aiid every leniency con- sistent with their safe-keeping will be shown them. The provost-marshal is charged with the security of all prisoners properly turned over to him and it is especially enjoined that they be subjected to no hardship nor suffering not incident to captivity under such circumstances. Commissioned officers will be kept separate from enlisted men and every courtesy proper to their rank will be extended to them. All the provisions of this order will be applied to and will govern the provost- marshal at Jefferson City. It is not necessary to remind the officers and soldiers of this coin- mand that it is as much their duty to be kind and courteous to those whom the fortune of war has thrown into their bands as it is to fight manfidly against them when the occasion presents itself; and it is hoped and expected by the general commanding this district that no cases of harsh or discourteous treatment of prisoners may ever occur within his command. By order of General Pope: [SPEED BUTLER, Acting Assistant Adjutant- General.] HEADQUARTERS, Gape Girardean, December 10 1 General WATKINS, New Madrid, Mo. 861. GENERAL: Your communication of the 4th instant inclosing corre- spondence* of Colonel Plummer reached me by the hand of Mr. Rodney yesterday. In reply permit me to say that the agreement of Colonel Plummer in reference to your return will be cheerfully and faithfully enforced by me. Nothing can be more satisfactory to me personally than to meet you in the capacity of friend and citizen. Unpleasant circumstances evidently based upon a misapprehension of the aim and object of our Government has occasioned temporary estrangement of many of our hitherto loyal citizensan apprehension which when dis- sipated by time will cause many once firm friends to rally again to the standard of our common undivided country. If I properly comprehend the understanding had with my predecessor, Colonel Plunimer, you will simply be required to pledge anew your allegiance to the Govern- ment, return to your home and transact your usual business amid the protecting arm of the military will be thrown around yourself, family and property. In regard to the return of the slaves mentioned by you I can and will in behalf of those with whom I act say that nothing shall * Not found Page 149 EARLY EVENTS IN MISSOURI, ETC. 149 interpose to prevent their return to youas your property you have a right to their service. J would not feel authorized to offer you a file of soldiers to forcibly take them to your home; but I can comporting with the order of Major-General Hahleck authorize their return to you by permitting no interposition against their return and by acquiescing in any course taken by you to recover them. It would give me pleasure to say honestly to those who are warring against us that while my power lasts if they will return to their homes as I have written to you they shall be protected. The policy of our Government is to conciliate rather than coerce. Hence I hope that when this reaches you it will find you filly prepared to come to us, and hereafter to find y~u if not positively with us at least holding a position that will enable you by example to do much in causing the return of those who in an unguarded moment threw off their allegiance to the Government of our fathers and united their destiny with one that experience may teach them is not for their good. Trusting to take you by the hand soon, I am, & c., L. F. ROSS, Colonel Se ien teenth Illinois Regiment, Corn man ding. SAINT Louis, December 11, 1861. General S. R. CURTIS. DEAR SIR: As an honest man I would seriously object to taking this oath because that every man that takes it cant avoid perjury for he cant support the Goverimmemit amid uphold amid sustain the Constitu- tion at the same time. It does appear to me an unsophisticated individual that our rulers are crazy, and you among the rest if this oatlm.is prescribed by you. You all seem to overlook several facts that are patent to all the world. First of them thougim imot least is that there no lomiger exists any union of all the States and that tlmere is really less Union feelimag in the hearts of the Northern peol)le than in tIme Southern h)eople. rphe next and still more prominent fact is that it is impossible to perpetuate or create a union by force. Union dont meamm war and war (lont mean union. The more war the less union. But why reason with crazy men? NAOMI. [Inclosure. I GENERAL ORDERS, ~ HEADQUARTERS SAINT LOUIS DISTRICT, No. 5. 5 Saint Lonis, Mo., December 6, 1861. I. To carry out the arrangemnents for protecting the commerce of the Mississippi as required by General Orders, No. 4. of this district, the oath embodied imm paragraph II and the blanks for names and descrip- tiomm are prescribed for the use of the boats and houses engaged in this trade. This oath is also prescribed as the oath of allegiance to be taken and subscribed in obedience to paragraph V of General Orders, No. 13, of the Department of the Missouri, and in all other cases in this command when an oath of allegiance is authorized and required. II. Oath of allegiance to the Ummited States Govermiment: I soleinidy swear that I will bear true allegiance to the United States and support and sustain the Constitution and laws thereof; that I will maintain the national sovereignty paramount to that of all State, county or confederate powers; that I will discourage, discountenance and forever O~~O5C secession, rebel lion and disi Page 150 150 PRISONERS OF WAR, ETC. tegration of the Federal Lnion; that I disclaim and deno,ince all faith and fellow- ship with the so-called Confederate States and Confederate armies and pledge my honor, my property and my life to the sacred perfhrmance of this my solemn oath of allegiance to the Government of the United States of America. By order of Brigadier-General Curtis: N. P. CHJPMAN, Major and Actinq Assistant Adjutant-General. GENERAL ORDERS, JIDQRS. DEPARTMENT OF THE MISSOURI, No. 24. & xint Louis, December 12, 1861. I. The suffering families driven by rebels from Southwestern Mis- souri which have already arrived here have been supplied by volun- tary contributions made by Union men; others are on the way to arrive in a few days. These must be supplied by the charity of men known to be hostile to the Union. A list will be prepared of the names of all persons of this class who do not voluntarily furnish their quota and a contribution will be levied on them of $10,000 in clothing, pro- visions and quarters, or money in lieu thereof. This levy will be made upon the following classes of persons in proportion to the guilt and property of each individual: first, those in arms with the enemy who have property in this city; second, those who have furnished pecuniary or other aid to the enemy or to persons in the enemys service; third, those who have verbally, in writing or by publication given encourage- ment to insurgents and rebels. II. Brig. Gen. S. R. Curtis, U. S. Volunteers, Lieut. Col. B. G. Far- rar, provost-marshal-general, and Charles Borg, esq., assessor of the county of Saint Louis, will constitute a board of assessors for levying the afore-mentioned contribution. Iu determining the amount of prop- erty of the individuals assessed the board will take into consideration the official assessment lists for municipal taxes. III. As soon as any part of this contribution has been assessed by the board the provost-marshal-general will notify the parties assessed, their agents or representatives, stating the amount of provisions, clothing or quarters and the money value thereof required of each; and if not furnished within the time specified in such notice lie will issue an execution aimd sufficient property will be taken and sold at I)ublic auction to satisfy the assessment with costs and a penalty of 25 per cent, in addition. Where buildings or parts of buildings are to be used and where any of the sufferers are to be quartered on famnilies care should be taken to produce as little inconvenience to the owners or families as possible, this not being considered a military contribu- tion levied upon the enemy but merely a collection to be made from friends of the enemy for charitable purposes. IV. If any person upon whom such assessment shall be made shall file with the provost-marshal-general an affidavit that he is a loyal citizen and has been true to his allegiance to the United States lie will be allowed one week to furnish evidence to the board to vindicate his character; and if at the end of that time he shall not be able to sat- isfy the board of his loyalty the assessment shall be increased 10 per cent. and the levy immediately made. V. The supplies so collected will be expended for the object desig nated under the direction of the provost-marshal-general with the advice of the State Sanitary Commission. Where moneys are received in lieu of supplies it will be expended for them as they may be required Page 151 EARLY EVENTS IN MISSOURI, ETC. 151 Any money not so expended will be turned over to the Sanitary Com- mission for the benefit of sick soldiers. A strict and accurate account of these receipts and expenditures will be kept and returned to these headquarters. VI. Any one who shall resist or attempt to resist the execution of these orders will be immediately arrested and imprisoned and will b~ tried by a military commission. By order of Major-General Halleck: J. C. KELTON, A& istant Adjutant- General. HEADQUARTERS DISTRICT OF CEYTRAL MISSOURI, Syracuse, December 12, 1861. Colonel STEELE, Sedalia. COLONEL: The general commanding directs that you send all the prisoners in confinement at Sedalia under proper guard to report to Col. A. P. Hovey, provost-marshal, at Lamine cantonment, except such as are enlisted in Prices army and whom you deem it safe to release on parole; also a written statement of the allegations against each l)risoner certified under oath giving name, description of person, details of capture and such testimony against them as will be suffi- cient to fix upon them the facts charged. In sending prisoners to Saint Louis you will conform in every particular to the instructions of General Hallecks dispatch and to the requirements of General Orders, No. 13,* trom headquarters of the department, copies of which you will find herewith inclosed. 1 am, colonel, your obedient servant, [C. A. MORGAN,] Aide-de- Camp. [Inelosure.] General JOHN POPE: Send your prisoners here except in cases where you deem it perfectly safe to release them on parole. H. W. HALLECK. SAINT Louis, December 12, 1861. Coi. XV. P. CARLIN, Commanding U. ~S. Forces at Pilot Knob, Mo. COLONEL: In reply to your letter of the 10th instant,t the general commanding directs that you govern yourself with respect to the returning men from Thompsons army by the requirements of General Orders, ~ o. 13, from the headquarters of this department. Those who you think can be trusted may be released on taking the oath of alle- giance and giving their parole that they will not leave their own neigh- borhood without the authority of the department or district commander; and those upon whom you cannot rely you will hold as prisoners and For General Orders, No. 13, from headquarters Department of the Missouri, see Series I, Vol. VIJI, p. 405. tNot found Page 152 152 PRISONERS OF WAR, ETC. if necessary send them to this place. You will keel) distinct lists of both classes for reference, and make records of the oaths and paroles of the former class for evidence agaitist any one violating them. Very respectfully, your most obedient, GEG. W CULLUM, Brigadier-General and (Jhicf ~i/ StaJJ. HEADQUARTERS, Fort Scott, Kans., December 13, 1861. Maj. Gen. STERLING PRICE, Missouri State Guard. Sin: On the 7th day of I)ecember, A. D. 1861, B. F. Potter, Charles Harding, James N. Bittle, John C. AlIsup, were taken prisoners by a Montevallo company on Clear Creek. I think the company was com- manded by one Captaimi Gatewood. The prisoners were at a house on said creek, three of tbem iu charge of one very sick man, viz, B. F. Pot- ter, when they were taken. I have some prisoners here whom I will exchange for those menone for one. I have had here in the last three months at least 200 prisoners amongst whom were several officers all of whom I have released, sonic unconditionally and some on l)arole for exchange; amongst whom is the son of Colonel Rosser who is on parole for exchange, whom you desired to have exchanged in your note to General Lane sometime since. You will confer a favor by forwarding the prisoners to this post by one man with a flag of truce. liespeetfimily, your obedient servant, W. II. JUDMON, Colonel, Commanding Post. HEADQUARTERS DISTRiCT OF CENTRAL Missouni, Syracuse, Decem ber 11, 1861. Major-General HALLECK: A large number of immigrants driven from Southwest Missouri are arriving here and at Otterville utterly destitute. Unless some- thing be done for them they must perish of starvation and exposure. There is no means here to shelter them nor provide for them. I can issue them rations, which in fact I must do or see them perish, but no shelter can be found for them. It seems to be absolutely necessary for the Government to provide for these people during the winter at least. If I were in time neighborhood of any considerable town I would quarter them on the inhabitants, but this section of the coumitry is sparsely populated and already nearly exhausted of supplies. Some speedy action ought to be taken in relation to these unfortummate Pcol)le. I am, general, respectfully, your obedient servant, [JOHN POPE,] Brigadier- (len era 1, Commanding. OFFICE OF PROvoST-MARSHAL-GENERAL, Saint Louis, December 14, 1861. S. HATCn, Provost-Marshal, Saint Joseph, Mo. Sin: Your communication of the 8th instant advising me of your appointmeiit to the office of provost-marshal of Saint Joseph, Mo., has been received. Until full and explicit instrnctions are sent for you Page 153 EARLY EVENTS IN MISSOURI, ETC. 153 guidance you will reduce to writing the evidence in each case brought before you and forward the same to this office together with your opinion thereon. All prisoners must be retaiiied until directions in relation thereto shall be received. In trivial cases or where there is no evidence you will dispose of the matter without reference to this office. By trivial cases is meant such as do not involve the life, liberty or property of the accused by reason of any treasonable charges. Very respectfully, your obedient servant, BERNARD G. FARRAR, Provost-Marshal- General. P. S.Since writing the above we have just ascertained that arrange- ments are being made in relation to the passports of British subjects and information thereou will be promulgated in a day or two. [B. U. F.] GENERAL ORDERS, ~ HDQRS. DEPARTMENT OF THE MISSOURI, No. 27. S Saint Louis, December iG, 18G1. * * * * * * * 8. Prisoners of war held by us whether officers or soldiers while in confinement will be regularly supplied with the army ration by the com- missary department on the requisition of the officer in charge of such prisoners. Where prisoners of war are at large on their parole they will be expected to procure their own subsistence, and no commutation or pay for board will be allowed unless by special orders from these headquarters. A separate account Will be kept of all supplies furnished to prisoners of war. 9. Post and depot commissaries will correspond directly with the chief commissary of the department. They will exercise a supervisory control over the commissaries to whom they make issues to the extent of seeing that the supplies are properly distributed and taken care of. This, however, will not apply to cases where the post or depot com- missary is junior in rank. * * * * * * * By order of Major-General Halleck: J. C. KELTON, A ssista at Adjutant- General. SAINT Louis, December 23, 18G1. Major-General HALLECK. GENERAL: I had heard and believed that Senator Johnson was in Western Virginia but the Hon. James H. Birch, who as you are aware was a prisoner in General Prices camp, informed me upon his return that he was at the houses of some of Mr. Johnsons relations in the neighborhood of Prices army, and heard remarks made by those rela- tives indicating that he (Johnson) then was or had lately beeu with that army. I refer you to Judge Birch, who is in the city at the Planters House. As to Senator Polk I have no other information than that he left the city in a clandestiiie manner and that his destina- tion was not made knowim even to his family. lie is reported to have gone South to join the rebels but I know not the authority for the report. Very respectfully, your obedient servant, H. H. GAMBLE Page 154 154 PRISONERS OF WAR, ETC. HEADQUARTERS, Cape Uirardeau, December ~3, idGi. Major-General HALLECK, Departmen t of the Missouri, & int Louis, Mio. Mv DEAR SIR: Upon assuming command at this post I found that a correspondence had been carried on between Colonel Plummer and General Watkins, of Jackson, Mo. The purport of the correspondence seemed to indicate a desire upon the part of General Watkins, whom you no doubt are aware has been in the camp of the rebel army under Jeff. Thompson, to return to his home in this county. The char acter and influence as well as position of General Watkins would make him a valuable accession to our cause as well as do much toward weakening that of the enemy. The tone of the general in& cates an assumption on his part that he has Revel been strictly speaking in arms against the Government. That he was connected originally with the Missouri State Guard he does not deny but views it in the light of a State organization only created for the defense of the State from aggression on both sides desiring to preserve a neutrality; hence he states that the terms proposed to him, to wit, to return and take the oath, would raise a presumption that he had once been disloyal which he emphatically denies. Some property was taken from him which he desires as part of the terms should be returned to him; the property consists of negroes and stock. I am advised by those who knew Gem eral Watkins personally that he is a man of high moral character, strict integrity and unquestionable honor. The immediate point at issue is can he (General Watkins) be niade an exception to the general rule as to the obligation to be administered. Evidently the position taken by the general is based upon his misapprehension of the object of the oath and is clearly taken with honest conviction of right on his part and iii this instance it may be well to authorize his return without any posi- tive manifestation of loyalty other than that which would necessarily grow out of positive loyal action. He proposes then to return to his home, transact his usual business and to be in all things loyal to the GoVernment for which he professes so much attachment. Inclosed I therefore send you so much of the correspondence* as may tend to throw additional light upon the question. Hoping to hear from you and be advised, I remain, & c., L. F. ROSS, Colonet AS~ecenteenth Illinois, Commnauding. HEADQUARTERS SJxrrll REGIMENT KANSAS VOLUNTEERS, Fort & ott, December 23, 18G1. Major-General PRICE, or ANY OTHER OFFICER COMMANDING CONFEDERATE FORCES IN MISSOURI: The bearer of this goes to you to ask an exchange of prisoners. We have six prisoners belonging to your forces, to wit, D. S. Graham, NY. Smith, W. Brice, J. Smith, J. J. Jones and a Captain Baker. I under- stand you have four prisoners belonging to my regiment, to wit, B. F. Potter, Charles Harding, James N. Bittle and J. C. Ahisup. If you will send my men here or appoint a place where I can send your prisoners Not lound Page 155 EARLY EVENTS IN MISSOURI, ETC. 155 and make the exchange I will attend to it at once. By so doing you will relieve many families from iiitense anxiety on both sides of the line. I am, sir, yours, on behalf of humanity, W. II. JUDSON, Colonel. Commanding SiXth J]eginient Kansas Volunteers. GENERAL ORDERS, ~ HDQRS. DEPARTMENT OF THE Missouui, No.34. Saint Louis, Mo., December 2G, 1861. I. In virtue of authority conferred by the President of the United States martial law heretofore declared in this city will l)e enforced. In virtue of the same authority martial law is hereby declared and will be enforced in and about all railroads in this State. It. is not intended by this declaration to interfere with the jurisdic- tion of any civil court which is loyal to the Government of the United States and which will aid the military authorities in enforcing order and l)tlnishinf: crimes. * * * * * * * By or(ler of ii\Iajor-Geiwral Halleck: J. C. KELTON, Assistant Adjutant- General. OFFICE OF l~ROVoST-MARSHAL-GENERAL, DEPARTMENT OF THE ThSSOURI, Saint Louis, December 26, 1861. Maj. Gen. H. W. HALLECK, Corn man din,q Department of the Missouri. GENERAL: The communication addressed by a committee of the U. S. Senate to yourself * and referred to inc for report has received my careful attention. The evidence I have that Waldo P. Johnson is at present in Virginia or elsewhere in the seceded States though not positive is of such a strong presumptive character as to leave no doubt of the fact on my mind. Positive proof I am credibly informed can be had that he did publicly advocate the right and propriety of the secession of Missouri. I have no information from reliable sources of any participation on his part in the rebellion further than the encour- agement given by his association and intimate relations with C. F. Jackson and Sterling Price, kept up after the battle of Boonville. I win unable to ascertain any cause preventing his attendance on the Senate. Mr. Trusten Polk has gone South. I have reliable information that he went clandestinely through Southeast Missouri to Memphis, Teun. The letter referred to by the committee addressed by Mr. Polk to Peter S. Wilks has been seen by a number of gentlemen in this city who know the handwriting of Mr. Polk well amid who are positive as to its genuineness. The original is in possession of Mr. W. D. Murphy who resides at Linn Creek, Camden County, Mo. I am, general, very respectfully, BERNARD G. FARRAIR, Provost- Marshal- General. NOt 10110(1 Page 156 156 PRISONERS OF WAR, ETC. OFFICE OF PROVOST-MARSHAL-GENERAL, DEPARTMENT OF THE MISSOURI, Saint Louis, December 26, 1861. COMMANDING OFFICER, Cape Girardean, Mo.: The provost-marshal at your post has notified me that he has levied an assessment for the relief of Union men in destitute circumstances coming into your lines. I am instructed by Major-General ilalleck to direct you to countermand the order for the assessment and to report to headquarters the number and condition of refugees who have come withiii your lines an(l are remaining there for safety when the propel order will be directed from headquarters. Very respectfully, BERNARD G. FARRAR, Prorost-Marsital- General. HDQRS. FIRST MILITARY DIST., MISSOURI STATE GUARD, New Madrid, Mo., December 28 1861. Col. W. P. CARLIN, U. S. Army, Commandant, Ironton, Mo. SIR: Your favor of December 11 by the hands of Captain Higdon, Missouri State Guard, was this day received. I understand from Cap- tain lligdon that you have written to me before but I assure you that yours of 11th instant is the only communication received or they should have been promptly ammswered. In reference to your proposition for the exchange of prisoners I will state that I have written to General Halleck* l)roposimlg to publish a general order releasing fiomn parole all of your men whmomn I have at various times captured if he would issue a general order ordering all that have been captnred from me to be released. I have not yet received an answer to the letter but expect one daily, and if he does not accept my propositiomi then I will cheerfully make an arrangement with you gentlemen who being better acquainted with the circum stances are better able to decide. I start on an expedition which I think will offset all you can catch of my homesick men. Yours, most respectfully, M. JEFF. THOMPSON, Brigadier- General, Commanding. MCDOWELLS COLLEGE, Saint Louis, January 1, 1862. General II. W. IIALLECIXT, Commanding. DEAR SIR: The prisoners confined in this building would beg leave to express through their committee their presemmt condition and ask your honor to alleviate in some degree their presemit crowded condition, and request that a room be prepared for our sick fellow-prisoners who are now compelled to lay and listen to tIme comitinued noise and bustle. At this time there are a great many on the sick list and the mmumber is rapidly increasing. A malignant form of mneasles has mnade its appear- ance amongst us and there are a large number of prisoners who are confined here who never have had time disease who are liable to become * See Thompson to Halleck, Dec. 2, p. 139 Page 157 EARLY EVENTS IN MISSOURI, ETC. 157 sick with it. Several persons have already died from various diseases and unless something can be done to thin oat our rooms and remove the sick an alarming mortality will inevitably result. We would also respectfully request that our physicians be allowed the privilege of attending their sick friends if such a room be prepared near by. We would also represent that there are a large number of citizens among the prisoners who have expressed themselves willing to take an oath not to take up arms against the Federal Government as they are anx- ious to return to their homes in peace; also that the soldiers taken in arms and held as prisoners of war would state through this committee a willingness to take an obligation not to take up arms again until honorably exchanged and pledge themselves as honorable men to respect such obligation. These things we respectfully submit for your consideration. WM. HILL, J. M. TUTON, CHAS. II. HARLAN, SOLON D. MARTIN, Committee. SAINT Louis, January 6, 18G2. Col. F. STEELE, Commanding, & c., Sedalia, Mo. COLONEL: I have received reliable information from Lexington that Joe H. Nichols and Frank Thomas released from arrest by you are the most active and dangerous rebels in that part of the country. The for- mer was a member of the Missouri band who robbed and fired upon Union men in Lexington, and Thomas it is said was one of Joe Shelbys party who robbed the steamer Sunshine. Nichols while on his way from Sedalia on the stage to Lexington pulled a secession flag from his pocket and displayed it in every place through which he passed. Moreover the petition of Union men which was presented to Major Crittenden was mostly a forgery, the few Union men who did actually sign it being forced to do so by the secession friends of Nichols. The evidence is very strong that these are both very dangerous men and should never have been released. Greater caution should be observed in such matters and hereafter no one will be released without requiring of him the oath of allegiance and parole of honor the violation of which shall be followed by death. J will send you a blank form for such oath and parole. Very respectfully, & c., H. W. HALLECK, Major- General. SPRINGFIELD, ILL., January 7, 1862. Mr. S. CAMERON, Secretary of War. DEAR SIR: There are several men in my office who wish to ask of you a question. The question grows out of these facts: first, these men joined Capt. John Burnaps company, of the First Regiment Illi- nois Cavalry; second, these men were takemi by the secessionists at the battle of Lexington, Mo., about the 20th of September, 1861, and held as prisoners of war; third, these men were releasedset free by the secessionistsand the condition and oath having been administered to our Union men who are now present by the secessionists was tha Page 158 158 PRISONERS OF WAR, ETC. these men should never take up arms against the Southern Confederacy or against the State of Missouri. If this oath of our men should be violated by them then death was the inevitable penalty. These men were so released upon the foregoing conditions and were brought to this city. These men and the whole company of Captain Burnap were duly and legally mustered out of service by Captain Watson of the Regular Army of the United States. A written discharge was given by Captain Burnap and ordered so by Captain Watson. Now the question is can Captain Burnap or other person duly authorized according to the Articles of War and the rules and regulations of your Department force these menthis companyiiito said service again or any other service as members, privates or otherwise of said company against the will of each or any or all said persons~? Please answer fully and particular]y at as early a moment as possible. Your friend, W. II. HERNDON. OFFICE OF PROVOST-MARSHAL-GENERAL, I)EPARTMENT OF TIlE. MISSOURI, ASaint Lou is, January 7, ik~G2. Capt. DANIEL HUsTON, Provost-Marshal, Sedalia. CAPTAIN: Your communication of the 5th instant with your weekly report* has been received. Your action in sending your prisoners to Otterville before the military commission there sitting is approved. You will continue to send theiii to Oti erville so long as the commission remains in session. After the adjournment of the comnmimission you will again comply with the provisiomis of Order No. 1. Continue to sen(l your reports to this office as iii the present case. Captain Magoffin is to be considered as a prisoner of war and to be sent down with the next batch of prisoners. Very respectfully, BERNARI) U. FARRAR, Pro cost-Ma kS/tat- General. SAINT LouiS, January 11, 1R62. Col. F. STEELE, Commanding, kS1edalia. COLONEL: Yours of the 9th* is just received. I entirely disapprove of the release of prisoners ~of war on their parole to go where they please. Most of them do not keep their parole at all and merely serve as spies about our lines amid get up insurrections. This is especially the case with Virginia gentlemen of the class you refer to. They pay no regard whatever to their oath of allegiance. All prisoners of war that are taken in armus or in the enemys service should be held as such and not allowed to leave camp. This taking of prisoners and releasing them over and over again is all wrong; it is tiimie to end it. All such men should be sent here where they can be retained or exchanged. Such men as the Washingtons and Magoftins are not proper persons for release. Very respectfully, your obedient servant, IT. W. TIALLECK, Major- General. Not Ibund Page 159 EARLY EVENTS IN MISSOURI, ETC. 159 OFFICE OF 1~ROVO8T-MARSHAL-GENERAL, DEPARTMENT OF TIlE MISSOURI, & unt Louis, January 11, 1862. Dr. JOHN T. HODGEN, ~Sa ryeon- Genera 1, Hospital corner F~,fth and (iii estn ut. DOCTOR: You will not permit friends of prisoners under your care to furnish articles of clothing and diet nor to visit the patients except in cases of extreme illness or pressing business, in all of which eases you will be the sole judge of the propriety of granting the permission. I am, doctor, very respectfully, your obedient servant, BERNARD G. FARRAIt, Prorost-Marshal- General. SAINT LouIs, January 14, 1862. Col. L. F. Ross, Commanding, Cape Girardean, Jib. - COLONEL: I have delayed answering your letter of December 23 in relation to General Watkins in order to obtain certain information which I have been expecting about General W. and others in that part of the country. Very many of those who have returned from the enemy and given their parole have acted as spies on our operations giving the enemy all the information they could obtain, assisting in getting up insurrections and planning the burning of bridges, & c. It is therefore necessary to observe due precaution in this matter. If General Watkins has been in the enemys service either State or Confederate he must come back in one of two capacitieseither as a prisoner of war or as a citizen returning to his allegiance. If he returns as a prisoner of war he may be released on his parole of honor that he will remain quietly on his farm giving no information or assistance of any kind to the enemy and that he will present himself at your post, or any other, when called for. If he returns as a loyal citizen he certainly cannot object to taking the oath of allegiance. Such oath will not as a general rule be required of men who have not been in the enemys service or have in no way assisted the enemy although they may have been in the Confederate States. For example secessionists here in Saint Louis have not been required to take any oath of allegiance but if they have been in the enemys service and now wish to return to their allegiance they are invariably required to take the oath and some- times to give additional security. If General W. should decide to take the oath all stock taken from him should be returned. With regard to his slaves if any are in your camp as fugitives they are so held in positive violation of General Orders, No. 3, of 1861, unless such slaves were taken in virtue of the act of Congress. Except in the case provided for by Congress troops should be permitted neither to steal slaves nor to catch and return them to their owners or pretended owners. The military are neither slave stealers nor slave catchers. To avoid all difficulties about this matter keep fugitives out of camp and let the question of ownership be decided by the civil tribunals. Very respectfully, your obedient servant, H. W. HALLECK, Major- General Page 160 160 PRISONERS OF WAR, ETC. ADJUTANT-GENERALS OFFICE, Washington, January 18, 1862. Maj. Gen. H. W. HALLECK, U. S. Army, Saint Louis, Mo.: Please forward for the general-in-chief without delay a list of pris- oners of war with rank of each in your custody. L. THOMAS, Adjutant- General. hEADQUARTER 5, Cape Girardean, Mo., Jan a ary 21, 1SG2. General WATKINS, New Madrid, Mo. Mv DEAR SIR: The following is an extract from General Hallecks communication of 14th instant which reached this post a day or two since: If General Watkins has been in the enemys service either State or Confederate he must come back in one of two capacitieseither as prisoner of war or as a citi- zen returning to his allegiance. If he returns as prisoner of war he may be released on his parole of honor that lie will remain quietly on his farm giving no inthrmation or assistance of any kind to the enemy and that he will i)resent him- self at your post or any other when called for. In reference to the question of property General Halleck says: If Geueral Watkins should decide to take the oath all stock taken from him should be returned. I am extremely anxious, my dear sir, that you should return to your home and pursue your daily avocation, feeling myself that your age as well as your inclinations dictate that peace and quiet are so well befit- ting one of your position. Whichever of the courses prescribed by Major-General Halleck you see proper to pursue I need not assure you that so far as my command is concerned everything consistent with my duty to my Government will be done by me to make your return and residence among your old friends pleasant. I sincerely hope that you will return to your home and in doing so I have every confidence that you will by your influence contribute to the restoration of quiet and renewed good feeling in this section of Missouri. You will par- don my earnestness but I cannot but desire your well-being and good from the acquaintance I feel I have formed with you by both com- munication and report. I am, your obedient servant, L. ~. ROSS, Colonel, Commanding Post. HDQRS. FIRST MILITARY DIST., MISSOURI STATE GITARD, New Madrid, January 22, 1862. Ccl. LEONARD F. ROSS, U. S. Army, Commandant, Cape (Jirardean. SIR: I am informed that many of my meu who are your prisoners are suffering for insufficient clothing. I also hear that the charitable citizens of Cape Girardean are willing to supply their wants if allowed to by yourself. I would therefore ask that you would grant this privi- lege as I understand it was allowed in Saint Louis Page 161 EARLY EVENTS IN MISSOURI, ETC. 161 If the citizens will not be permitted to furnish these things will I be allowed to send them ~ I have been anxiously awaiting an answer from General Halleck to my proposition to make a general exchange of i)rison- ers for we will get our accounts confrised, amid I will have to commence catching citizens who will offset those whom your men are now cap- turing. Yours, respectfully, M. JEFF. THOMPSON, Brigadier- General. SAINT LouiS, Jabu( (fry 25, 162. Gemmeral N. B. BAKER, Adjutant- General of Iowa, De8 iILoine~. GENERAL: I have to acknowledge the receipt of your letter* of the 17th in relation to the exchange of prisoners of war. I have frequently urged upon the Government at Washington the policy of exchanging prisoners but have received no authority to do so except iii two particular cases. I have urgently asked for a general authority and hope soon to receive it. Very respectfully, your obedient servant, II. W. HALLECK, Major- General. HEADQUARTERS 1)EPARTMENT OF THE Missouui, Saint Louis, January 27, 1862. Maj. Gen. STERLING PRICE, Commanding, & e., Springfield, Mo. GENERAL: A man calling himself L. V. Nicholas came to my head- quarters a day or two since with a. duplicate of your letter of the 12th instant. On being questioned lie admitted that he belonged to your service, that he had come in citizens dress from Springfield avoiding somne of our military posts and passing tlmrough others in disguise and without reporting himself to the commnanders. He said that he had done this by your directiomi. On being asked for his flag of truce he pulled from his pocket a dirty hammdkerchief with a short stick tied to Olle corner. You must be aware, general, tlmat persons so sent through our lines and past our muihitary posts to these headquarters are liable to the pmiishnment of death. Tlmey arc no muore nor less than spies and probably are sent by you to this city to act as such. I shall send Mr. Nicholas back to your camp; but it you send any uimore persons here in the same way they will be regarded as spies and tried and condemned as such. You must know, general, that the laws and usages of war req i~ire that a bearer of a flag of truce slmould report at the nearest I)ost and slauld not pass tIme outer line of sentinels without permission. He should not even approach within gunshot of a sentinel without dis- playing his flag aimd receiving a signal to advance. If he have dis- l)atches he should send for an officer to receive and receipt for them, which officer should direct the flag of truce to immediately leave our lines. Answers to such dispatches should inunediately be sent to you by us in the same way. ~ Not found. 11 II RSER II, VOL Page 162 162 PRISONERS OF WAR, ETC. In a postscript to the copy of your letter of the 12th instant just received you call my attention to the fact that a band of men are firing private houses, barns, mills, ~ I presume you refer to a band of outlaws on the Kansas frontier. They do not belong to my command and they entered this department without my authority. As soon as I heard of their depredations I ordered General Pope to either drive them out of the State or to disarm and confine them. Be assured, general, that no acts of wanton spoliation such as firing private houses, barns, mills, & c., an d burning and destroying railroad bridges, & c., will be countenanced by me. On the contrary I propose to punish with the utmost severity every act of wanton destruction of property, public or private, and every act of pillage, marauding, robbery and theft committed in this (lepartiflent no matter under whose orders or authority the guilty parties may have acted. Very respectfully, your obedient servant, H. W. ITALLECK, Major- (len eral, (Jomman (ling Department. SAINT Louis, January 28, 1862. Brig. ~?Ten. L. THOMAS A ~jUtaflt- General of the Army, Wash ingto a. GENERAL: I inclose herewith lists* of prisoners of war so far as I have received them. I have not beemi able to get the names of many of the prisoners taken in Northern Missouri as the officers there pay very little attention to orders or regulations respecting returns; moreover very many of the comnmon country people who entered Prices army through ignorance and deception have been released on taking the oath of allegiance and giving bonds for future good conduct. This course has been adopted partly as a matter of policy and partly for the reason that we had no proper place for their confinement. Alton prison has been put in order and will be occupied this week. I inclose a copy of the oath of allegiance* required of those who are released. None are released except on his own application. Very respectfully, your obedient servant, H. W. IIALLECK, Major. General. SAINT Louis, January 29, 1862. Maj. C-en. I). HUNTER (low m andiug ~ of Kansas, Port Jeavenworth. GENERAL: Your letter of the 23d instant in relation to the exchange of Captain Robb is received. I will in a few days enter into a negotia- tion for an exchange having just received authority for that purpose. The depredations of Jennisons men in , Cass and Johnson Counties are doing us immense injury in this State by making secession- ists of large numbers of Union men. They do more ham-in than Prices whole army. I sincerely hope you will keep them out of this State. Very respectfully, your obedient servant, H. W. HALLECK, Major- General. Omitted Page 163 EARLY EVENTS IN MISSOURI, ETC. 163 SAINT Louis, January 29, 1862. Col. L. F. Ross, Commanding, Cape (Jirardean, Mo. COLONEL: Your letters* of the 19th and 21st instant have been received. * * * * * * * In regard to the release of prisoners oii taking the prescribed oath of allegiance great care should be taken to avoid deception as to the real intentions of those released. Bonds should also be required where practicable. Where there is any doubt of the future good conduct of those asking to take the oath of allegiance they should be sent here for exchange. Very respectfully, your obedient servant II. W. HALLECK, Major. General. HEADQUARTERS, Cape (1 ir((r(leau, January 30, 1862. General N. W. WATKINS, New Madrid, Mo. M~ DEAR SIR: Your wife can return to her home in Jackson unmolested. The purpose of my Government is not to make war on women and children. Your son who has taken the oath will not be interfered with no matter where he may reside. His occupancy of your farm will not prevent the Government taking such steps hereafter toward the confiscation of such property as may be owlie(l by disloyal citizens as iii the judgment of our rulers may be wise and prudent. I have no reply from General Halleck further than heretofore commutu-. cated to you. I beg leave, however, to further insist on your pursuing one of the other of his suggestions. I am, truly, your obedient servant, L. F. ROSS, Colonel, Commanding. ALTON, January 31, 1862. Major-General JIALLECK, Sa~nt Loui8, Mo. SIR: I see you are about to send the rebel prisoners to Altoii. If so and the General Government will let the contract for guarding them for one month, two, three or four months as the case may be I will guard the prisoners for the sum of $5,000 per month, you furnish- ing me with the following arms: one hundred stands of Government arms, two 6-pounders, and ammunition for same at forty rounds to each stand of arms. I will give you bond in the sum of *5,000 to faithfully perform any contract which you may make with me. I will further pay you *50 for each and every prisoner that will escape from the prison. I will guarantee to deliver every rebel dead or alive to you when called for that you may deliver lip to inc at Alton. I remain, your obedient servant, ~JOIIiN F:. COPPINGFIZi. Not found Page 164 164 PRISONERS OF WAR, ETC. GENERAL ORDERS, HDQRS. I)EPARTMENT OF THE MISSOURI. No. 30. Saint Louis, February 3, 1862. 1. Where an exchange of prisoners of war is made under authority from these headquarters a descriptive list of the persons so exchanged will be sent to the assistant adjutant-general of the department exhib- iting ill parallel columns the names and rank of the parties exchanged with the designation of the companies, regiments or corps to which they belong. These lists should also state the time an(1 place of cap- ture and whether or not the parties exchanged had been released on parole. II. All prisoners of war belonging to the U. S. Army or volunteers on parole in this department will report by letter to the assistant adjutant-general of the (lepartifient stating name and rank, with the designation of company, regiment or corps to which they belong, the time and place of capture, the nature of parole (with copy if possible), in order that they may be duly exchanged. III. All prisoners of war belonging or claiming to belong to the Confederate forces now in this department who desire an exchange will make similar reports to the assistant adjutant-general of the department. It is proper to remark in this connection that persons charged with the violation of the laws of war as spies, bridge-burners, marauders, & c., will not be exchanged but will be held for trial under such charges; and that those not under such charges who are willing to take the oath of allegiance an(l give security for their future good conduct may if deemed expedient be released without exchange. All persons exchanged as prisoners of war will be sent to the enemys lilies under a proper escort and will not be permitted to remain in this department. IV. It having been ascertained that officers of the enemy have proposed for exchange the names of a number of our troops as prisoners of war on parole who have already been exchanged it is directed that no exchange of persons not in actual custody will be made without special authority from these headquarters. V. The following tariff of exchange proposed by Maj. Gen. Ster- ling Price is adopted and will be followed until further orders: Where the same grades cannot be exchanged for each other 2 of the next lower grade will be substitutedthat is 1 major-general for 2 brig- adiers, or 4 colonels, or 8 lieutenant-colonels, or 16 majors, or 32 cap- tains, or 64 lieutenants, or 128 non-commissione(l officers, or 256 privates. In this tariff no distinction will be made between first and second lieutenants, or between sergeants and corporals. Of course alterna- tions of grades can be made where necessary on the same basis. Musicians, wagoners and others will be exchanged as privates or non- commissioned officers according as they are rated in our service. By command of Major-General ilalleck: N. II. McLEAN, A ssistaat A (ljU taut- General. GENERAL ORDERS, IIDQRS. DEPARTMENT OF THE MISSOURI, No. 33. Saint Louis, February 8, 1862. I. In Gemmeral Orders, No. 30, current series, section 5, in relation to the tariff of exchange of prisoners of war proposed by Major-General Price, agreed to by the major-general commanding this department an Page 165 EARLY EVENTS IN MISSOURI, ETC. 165 also it is understood by Major-General Polk, no provision is made respecting medical officers. When exchanged it will be according to their assimilated rank. II. As humanity requires and the usages of civilized warfare permit that medical officers should be treated differently from ordinary prison- err; of wai~ it is proposed to officers commanding the enemys forces to adopt the following rule with respect to them: Where capture(l with other prisoners of war they will be retained to take charge of their own sick and wounded as long as their services are so reqnired. When their services are not required for this purpose or when the particular command with which they are taken is exchaiuged or released they will be sent back to their own lines under a flag of truce without l)arole or exchange. In the meantime they will be subject to exchange according to assimilated rank. While employe(l in the care of the sick or wounded prisoners of war they will be allowed all proper facilities and indulgences. When released on l)arole the performance of medi- cal duties in the field or hospital will not be construed as a violation of J)arole. Exceptions will be made iii regard to limits and indulgences only in special cases, as in cases of insurgents or the danger of the escape of other prisoners, when the reasons of the exception will be reported to these headquarters. .111. These terms with respect to medical officers taken prisoners of war will be proposed to the commanding officers of the enemys forces in or a4jaceut to this department, and if agreed to by them they will be carried into effect; if not agreed to such medical officers will be treated the same as other prisoners of war. By command of Major.General Halleck: N. II. McLEAN, Assistant Adjutant- General. GENERAL ORDERS, II DQRS. DEPARTMENT OF THE Missouui, No. 39. & tint Louis, February 14, 1862. I. Information having been received that certain judicial officers intrusted with the administration of the criminal laws and ordinances in this department have misunderstood the objects and purposes of the establishment of martial law in this city of Saint Louis, and in consequence of such misunderstanding have ftuiled to enforce all those laws and ordinances, and as crimes and misdemeanors should at all times be strictly suppressed, it is hereby enjoined upon all such civil officers, whether as judges, attorneys, sheriffs, marshals, coroners, clerks, justices of the peace, presiding officers of police courts, con- stables or members of the l)olice to strictly enforce all criminal laws and ordinances; to have arrested, tried and punished in the courts established in the State and in the manner prescribed by the laws of the State all persons guilty of any violation of such laws and ordi- nances in the same manner as if martial law had not been declared to exist. II. And it is especially enjoined upon the judge of the Saint Louis criminal court to have a full complement of grand jurors at every sitting of the court; to strictly charge said grand jurors to diligently inquire into all crimes and misdemeanors under the laws of the State that may come to their knowledge and present for trial such offenders known to them. And the assistant circuit attorney for this county is particularly required to faithfully aid and assist the said grand juror Page 166 16(3 PRISONEHS OF WAR, ETC. and officers of said court in the discharge of their duties arid to strictly perform all charges devolving upon him by the laws of the State. III. By the establishment of martial law in the city of Saint Louis it is not designed to interfere with or suspend the operation of the laws and ordinances of the State or city with reference to crimes and misdemeanors nor the remedies and process of the civil coufts except so far as the interests of the Government imperatively require. The civil authorities who attempt to interfere with the execution of military orders emanating from these headquarters will be punished for military offense but in all other cases it is their duty to enforce the laws and punish crimes and misdemeanors. By order of Major-General ilalleck: N. Ii. McLEAN, A ssistant A djfltaflt- General. SPRINGFIELD, [1~1o.], February 16, 1862. (Via Lebanon.) Major-Geimeral HALLECK. Sin: General Curtis left here with the army yesterday morning; marched twenty-four miles yesterday. Has just sent me sixteen pris- oners. Among them are Col. Thomas iR. Freeman, Maj. D. D. Berry, jr., and General McBride rand] Capt. A. C. Dickinson, chief of engineers on Major-General Prices staff and Capt. H. M. Donald, quartermaster. The surgeon and assistant s~irgeoii of Colonel Gates Confederate cav- alry also taken. * * * Respectfully, .JAS. K. MILLS, Lienten a ut- (lolonel Twenty ) urth Missouri I ~olun teu-s, Corn (1(1. HEADQUARTERS OF THE ARMY, Washington, February 17, 1862. Maj. (len. H. W HALLECK, (bnl ma udiny L)epartrnent of the 21 hssourt. GENERAL: I am directed by Major-General McClellan to inclose here- with an extract from the cartel between Great Britain and the United States in 1813 showing the rel~tive value placed upon the different grades. The general desires this may be adopted as a basis in any exchange of prisoners which you may make in future. I have the honor to be, very respectfully, your obedient servant, ARTHUR MCCLELLAN, Captain and Aide-dc- Camp. [lnclosiire. I Rate of Exchange a(lopte(l U the Cartel between Great Britain and the United States, signed May 12, 1813. General commanding in chief or admiral, 60 men; lientenalit-general or vice-admiral, 40 men; major-general or rear-admiral, 30 mnen~ briga- dier-general or commodore, with a broad pennant and a captain under him, 20 men; colonel or captaiii of a line-of battle ship, 15 men; lieu- tenant-colonel or captain of a frigate, 10 men; major or commander of a sloop-of-war, bomb-ketch, fire-ship, or packet, 8 men; captain or lieu Page 167 EARLY EVENTS IN MISSOURI, ETC. 167 tenant or master, 6 men; lieutenant or masters mate, 4 men; sub-lieu- tenant or ensign, or midshipman, warrant officers, masters of merchant vessels and captains of priyate armed vessels, 3 men; non-commis- sioned officers or lieutenants and mates of private armed vessels, mates of merchant vessels and all petty officers of ships of war, 2 men; private soldiers or seamen, 1 man. HEADQUARTERS, Alton, iii., February 21, 1862. Capt. N. H. MCLEAN, Assistant Adjatant- General, Department of the Mississippi. CAPTAIN: I respectfully recommend that the officers on parole be sent to some other place. I have reason to believe that their pres- ence here exercises a bad influence on the men. I have allowed them to visit the mens quarters occasionally as I cannot well refuse them permission to do so, and there are so many of them here (fifty or more) that some of them are within the prison limits all the time nearly during the day. I think if they could be removed to some other l)lace it would be a great benefit to us. Very respectfully, your obedient servant, S. BURBANK, Lieutenant- Colonel Thirteenth InJh utry, Commanding. P. S.Since writing the above I have determined not to allow any further visits of the officers to the men, having good reason to believe some of them have made an improper use of the privilege of doing so. S. B. PLANTERS hOUSE, February 21, 1862. Major-General HALLECK. GENERAL: Permit me to add to the few words I spoke to you the other day in respect to Brigadier-General Price a word or two in writ- ing, which you may place upon the files or not according to your own discretion. Having knowii both his father and himself intimately and well I have the most undoubting confidence that he will redeem to the letter all I thus assume to write in his name. He makes the point that if he is exchanged he must almost necessarily go back to the army and this he is really averse to doing. He argues (on the contrary) that if he is paroled on his honor and allowed to go home that his conceptions of honor would of course prevent him from disserving the Government of the United States in any imaginable degree (directly or even indi- rectly), and that he would feel at liberty to resign his commission (as he would do) almost directly. So of Surgeon Cross who was present and a party to both our con- versationsthe one when they called on me before I came to you and the other when I subsequently called on them. As the homes of both these prisoners are within our lines and where I believe everything is in our power may their cases not be a little different from some others q1 My own judgment is most decided and emphatic that if such a course be permissible in any case it will be even judicious (as well as mnag- nanimons) to accord it in this case Page 168 168 PRISONERS OF WAR, ETC. I scarcely feel permitted to repeat what the sentiments of both of them are toward Jackson and his supporters, particularily since his scheming has virtually superseded Major-General Price; but I would trust my head on it that they would discourage and depress the cause of the rebellion more during the next ten days could they be at home than even a company of sharpshooters could do. Of cou~se I am as well satisfied as it is possible to be upon such a subject that they are both forever done with the rebellion and that they will not only appre- ciate your clemency and protection at its intrinsic value but bring hundreds to a) like appreciation and determination with themselves. Pardon me, general, if writing thus earnestly I have written in any sense amiss. I have some business matters which it was my purpose to bring to your notice while I was here but in the midst of such employments and congratulations as at present occupy you I will postpone them until I can write you from home. With great respect, your friend and servant, JAMES II. MItCH. HEADQUARTERS MISSOURI STATE GUARD, - (lamp at Cove Greek, Ark., Jiiebrmwry 28, 1862. Maj. Gen. D. HUNTER. GENERAL: I am instructed by Maj. Gen. S. Price to propose the exchange of officers as follows, taken by Colonel Deitzler in La Fay- ette County, to-wit: Capt. Up. B. Win sor, Company II, Second Infantry, Eighth Division; Capt. J. R. Barnett, Company H, Second Iiifaimtry, Eighth Division. He will exchange rank for rank or one of a higher for two of a lower rank. Should you accept the proposition you will furnish these officers with a safe conduct to the headquarters of this army when an equivalent therefor will be 1)ronlptly given you. I am, general, very respectfully, your obedient servant, W. II. BRAND, Assistant A ~jutaut- Ucuera 1. [Not received by General hunter he having left the Department of Kansas. I ATTORNEY-GENERALS OFFICE, Eebraary 26, 1862. JAMEs 0. BROADITEAD, Esq., U. S. District Attorney, Saint Louis, Mo. SIR: I have received two letters* from General N. W. Watkins (dated I think at New Madrid) in which lie complained bitterly of harsh treatment by our people and protests strongly his innocence of any crime against the United States and any forcible opposition against the Government. He complains that his property to a large amount negroes, horses, mules, wagons, & c., are taken from his plantations and are used or destroyed by our army at Cape Girardean. lIe gave as a reason for remaining at New Madrid that he was afraid of being Not found Page 169 EARLY EVENTS IN MISSOURI, ETC. 169 imprisoned (not tried, for that he says he does not fear, being innocent) if within our reach. I have for many years had a very friendly feeling for General Watkins and I mourned over the weakness of heart which led him to favor (without understanding as I suppose) the first criminal movements of the insurgents in Missonri. I still have a very kindly feeling for him and hope that he may be dealt with as lenleatly as the state of his case will permit. I do not know whether lie has been indicted upon any criminal charge but from a passage in one of his letters I infer that he has been. You will oblige inc by furnishing the requisite informationall you know about him in connection with the rebellion and especially his present status before the tribunals, civil and military. I at first thought of writing to General ilalleck upon the subject but npoii reflection thought it more proper officially to write to you. I still wish to befriend General Watkins as far as I can properly do it and in that spirit I solicit an early answer. Most respectfully, your obedient servant, EDWARD RATES, Attorney- General. GENERAL ORDERS, ~ HDQRS. DEPARTMENT OF THE MIssouRI, No. 50. Saint Lonis, February 28, 1862. I. Where any considerable number of prisoners of war are captured the officers should be separated as soon as possible from the privates. Complete lists should be made as soon as practicable stating name, rank, regiment and corps of each individual; one copy of such list should be sent to these headquarters and another furnished to the officer placed in charge of them. When turned over to the command- ing officer of a depot they should be receipted for and a copy of the receipt sent to these headquarters. As a general rule officers will not be given their paroles until they reach the depot and then only by authority of the general commanding the department. Medical officers will not be separated from the prisoners but will be required to attend their own sick and wounded. For this purpose they will be given a special parole allowing them all proper facilities. II. In the care of the sick and wounded no distinction whatever will be m~ade between friends and foes. Presents from friends to the sick and wounded prisoners in hospitals will therefore be distributed to all alike under the direction of the chief medical officer. III. Prisoners will be rationed the saiiie as our own troops. The commanding officers of prison depots will appoint boards including one surgeon of the command to examine and decide what articles of cloth- ing and bedding are necessary for the health and proper cleanliness of the prisoners where not supplied by their own Government or friends, and requisitions will be made on the quartermasters department for such articles as may be needed. Where it can be done clothing not of army color will be issued. Receipts should be given for all articles the same as in case of our enlisted men; the issue in all cases to be wit- nessed by a commissioned officer. IV. For police purposes prisoners will be divided into squads and a chief of each squad appointed or elected as may be deemed b~st. Officers will be detailed to see that the prisoners police their quarters daily in a thorough manner; those refusing to do so will be placed in close confinement until they are willing to do their duty to themselve Page 170 170 PRISONERS OF WAR, ETC. in this matter. They will also see that the prisoners are cleanly in their persons; that their bedding is properly aired, and that their rations are properly cooked and ot~ good quality. V. The commanding officers of depots will receive and distribute any articles of clothing or comfort which may be sent to the prisoners by their friends and will permit theni to receive from and transmit to their friends open letters which must be inspected by a proper officer. Receipts must be signed for all articles delivered and filed as evidence of such delivery. Money sent by friends should not be delivered to prisoners except in small quantities. Au account should be kept of all such funds and they should be disbursed upon orders from the prisoners to whom they belong. When a prisoner is exchanged or released he will be paid the balance due him. VI. Their chaplains will be allowed free intercourse with the prison- ers to give them religious instruction. Those who may die will be decently buried in the usual burying-grounds and a proper mark be affixed to the graves. Every measure will be adopted to ensure the safe custody of the prisoners, but at the same time they should receive such treatment as enlightened humanity prompts and the circumstances of the case permit. Their friends will be permitted to visit them only when the commanding officer may deem it safe and proper and then nnder such regulations as he may adopt. VII. Monthly reports must be made to these headquarters with full lists of the prisoners, noting all changes during the monthwhether exchanged, released on parole, died, discharged, & c. VIII. Special instructions with regard to the military prison at Alton have been given to the commanding officer at that post. By command of Major.General Halleck: N. II. MCLEAN, Assistant Adjutant- General. SAINT Louis, Marc/i 1, R-~b2. Brig. Gen. L. THOMAS, Adjutant- General of the Army, Washington. GENERAL: I inclose herewith a letter* from Colonel Mulligan. If recruiting is allowable from prisoners of war a considerable number can be obtained in a short time. Please answer. Very respectfully, your obedient servant, H. W. HALLECK, Major- General. OFFICE OF PROVOST-MARSHAL-GENERAL, DEPARTMENT OF THE MISSOURI, Saint Louis, ]llarch 1, 186Z Maj. Gen. II. W. HALLECK, Commanding Department of the Missouri, Saint Louis. GENERAL: The board of assessment organized pursuant to General Orders, No. 24, series ot 1861,t from your headquarters, and further organized pursuant to Special Orders, No. 18, current series, for the * Not found. tSee p. 150 Page 171 EARLY EVENTS IN MISSOURI, ETC. 171 purpose of laying an assessment of $10,000 upon the friends of the enemy for the benefit of the refugees driven by the rebels from South- west Missouri beg leave respectfully to present this their final report: Total amount of assessments laid $16, 340. 00 Total assessments remitted $3, 715. 00 Total assessments no 1)roperty found 2, 000. 0() 5,715.00 Net assessments 10, 625. 00 Total pena]ties for failure to pay 1,262.50 Balance 11,887.50 The amount thus assessed has been for the use of the refugees or by voluntary and forced payments of money, & c., as follows: Provisions $1, 500. 00 Voluntary payments in cash 2, 850. 00 Forced payments by sales 6, 563. 45 Deficiencies not collected or collectible 974.05 Balance 11,887.50 Of the amount thus raised the provisions have been turned over to the authorized agents of the Western Sanitary Commission for distri- bution and the cash realized has been deposited with the assistant treasurer of the United States at Saint Louis to the credit of the provost-marshal-general, from which is drawn from time to time the necessary means to meet the bills contracted by and certified to by the said agents. As to the details Qf such expenditures the board respect- fully refer you to the commission. Gross assessments amounted to a considerable sum above the $10,000 ordered to be raised, but the board found it necessary to adopt such a course in order to realize the $10,000 after deducting such assessments as ought properly to be remitted and making allowances for such defaulters as had no ostensible means from which to make the amount by levy and sale. The board therefore respectfully request that a special order may be made covering the entire assessment, legalizing the acts of the board and discharging them from further duty in connection with the matter. BERNARD G. FARRAR, Provost-Marshal- 4encral. GENERAL ORDERS, HDQRS. DEPARTMENT OF TIlE MIssouRI, NO. 51. Saint Louis, March 3, IS62. By direction of Major-General McClellan the following tariff of exchange of prisoners of war adopted between the United States and Great Britain in the war of 1812 is substituted for that given in General Orders, No. 30, current series: General commanding in chief or admiral, sixty men. Lieutenant-general or vice-admiral, forty men. Major-general or rear-admiral, thirty men. Brigadier-general or commodore, with a broad pennant and a captain under him, twenty men. Colonel or captain of a line-of-battle ship, fifteen ineii. Lieutenant-colonel or captain of a frigate, ten men. Major or commander of a sloop-of-war, bomb-ketch, fire-ship, or packet, eight men. Captain or lieutenant or master, six men Page 172 172 PRISONERS OF WAR, ETC. Lieutenant or masters mate, four men. Sub-lieutenant or ensign, or midshipmen, warrant officers, masters of merchant vessels and captains of private armed vessels, three mcii. Non-commissioned officers or lieutenants and mates of private arm3d vessels, mates of merchant vessels and all petty officers of ships of war, two men. Private soldiers or seamen, one man. By commail(l of Major-General Halleck: N. H. McLEAN, A sSiSt((n t A (Ijutali t- (icn era 1. INDIANAI~OLI5, March 4, 1862. Major-General HALLECIK: A number of prisoners propose to take the oath of allegiance and enlist in our regiments. A large number from Tennessee ask to take the oath of allegiance and be (lischarged on parole. What will you have done? 0. P. MORTON, Governor of Indiana. HEADQUARTERS DEPARTMENT OF THE MISSOURI, St. Louis, March 4, 1862. Col. J. A. MULLIGAN, Camp J)oaglas, Chicago: The question of enlisting l)risoIlers of war has been submitted to General McClellan and 1 await his answer. H. W. HALLECK, Major- General. HEADQUARTER S I )EPARTMENT OF THE MISSOURI, Saint Louis, March 7, 1862. Col. S. II. Boyn, Twen ty-fon vt/i keg irn en t Missouri 1 o is., Corn dy. Post ((t Ro ha. SIR: I have the honor to acknowledge the receipt of communications dated the 1st of March forwarded by Col. J. B. Wymami, and one of tIme 5th instant forwarded by you, in relation to aii exchange of pris- oners of war agreed upon by Lieutenant-Colonel Wood, Sixth Missouri Cavalry, and Colonel Coleman, of the Confederate Army, which agree- ment proposes the exchange of John W. Carlin, Company A[G], and Martin G. Skaggs, Company E [K], Sixth Missouri Cavalry, for Silas Hendrick and John F. Downing, of Colemans regimeut, Confederate Army. The major-general commanding directs that the exchange will be made. Brig-. Gen. J. M. Schofield, commanding District of Saint Louis, will send the two menSkaggs and Downingwith a snitable escort to Rolla. Very respectfully, your obedient servaiit, N. H. McLEAN, Assistant Adjutant- General Page 173 EARLY EVENTS IN MISSOURI, ETC. 173 POCAHONTAS, March ~, 1862. Col. W. P. CARLIN, U. S. Army, Qommanclan t, fronton Mo. COLONEL: Upon my arrival here last evening I was mortified and grieved to learn of the misunderstanding or miscondnct of Captain Higdon of the Third Regiment Missouri State Guard. You have seen enough of the man to know his measure, bnt at the same time I must assure you that had I known the facts in the case he would not have had the opportunity to place us in such an awkward position. I really believe, however, colonel, that Higdon honestly believed himself to be exchanged, for if I remember aright (not having my letter-book with me) I wrote to you in answer to the communication by Higdon that I had written to General Halleck proposing a general exchange. This letter was sent through Colonel Ross at Cape Girar- dean. And upon my return from Richmond last month I found your communication through Captain Elliott which I immediately answered, inclosing a general order releasing all captured by me on the Iron Mountain Railroad. This last letter I sent through General Polk by flag of truce to Cairo. From these various communications Higdou has been either led to believe that he has been exchanged or he has cowardly shrunk from performing a sacred duty and should be held responsible; but, colonel, as he asserts so positively his innocent intentions, as he is suffering so severely from a broken arm (recently broken) and as he is hardly worth making an example of I have thought I would not send him up until I hear from you again, when if you desire him you shall have him if he can be found in tIme Confederacy. I wrote to Colonel Ross some weeks ago to know in what light you hold the disbanded soldiers of the Missouri State Guard who have been taken prisonerswhether as citizens or as soldiersbut have received no answer. I would be pleased to hear from you on the sub- ject. Any communication addressed to me at this place, or Bloomfield or New- Madrid, at your convenience, will reach me, as I will vibrate for a week or tw-o. Yours, most respectfully, M. JEFF. THOMPSON, Brigadier- (Jen era 1, Missouri State Guard. OFFICE OF PROVOST-MARSHAL-GENERAL, DEPARTMENT OF THE MISSOURI, Saint Louis, March 8, 1862. Major HUNT, Hannibal, Mo. MAJOR: Herewith you will find a special order* for arrest of certain parties in Ralls County. Have them brought before you and if you see proper parole them with the liberty of your city. General Hal- leeks order punishes all such parties. I would suggest that it is only desirable to get all secessionists or sympathizers out of office and place, and if they will resigmi and allow the governor to fill their places with loyal men they might avoid or avert the punishment for their violation of the order of General Halleck. The sheriff of Halls County ought to be got rid of. The papers I have do not give his name. I will refer the matter of declaring the offices vacant to the governor. It is desir- able amid you are instructed to exercise your own judgment and discre- tion in the arrest and release of prisoners. Not found Page 174 174: PRISONERS OF WAR, ETC. As a general rule release those who are not guilty of irregular war- fare or other violations of rules of war, burning bridges, & c., upon taking oath and giving bond with good security. Such as are clearly guilty of robbing and other offenses against law where the evidence is clear, turn them over to the officers of the law and make them do their duty. Do not hesitate to assume any responsibility your judgment may dictate as necessary to thwart any plan of secessionists or to wrest from them any power they have civil or otherwise. They have first discarded law and have appealed to force. It is now purely a question of power not one of law. Do not hesitate to seize and hold their property. Where there is no law there is no property. If they deny the power of the Government they are without law and let them feel the consequences. We cannot temporize with them. Your exten- sive acquaintance will enable you to get at the facts in regard to the disloyal people in your section and enable you to dispose of them in the manner best calculated to produce good results. Very respectfully, your obedient servant, BERNARD G. FAR RAE, Pro cost-Marshal- General. SAINT Louis, Mo., March 10, 1862. Col. JAMES A. MULLIGAN, Chicago, Ill. COLONEL: As the War Department does not answer my letter in relation to your enlisting prisoners of war I shall take the responsi- bility of authorizing you to immediately fill up your regiments in that way. Great caution, however, must be used as to the character of the persons so enlisted. You should make yourself personally acquainted with the history of each recruit received and exercise a sound discre- tion in the matter. The recruits should be sent to Benton Barracks where the regiment will be prepared for the field in Arkansas. I do not think it would be advisable to send them to Tennessee or Missis. sippi. In Arkansas they will meet none of their old associates. Very respectfully, your obedient servant, H. W. HALLECK, Major- General. SAINT Louis, Mo., March 15, 1862. Col. JAMES A. MULL1GAN, Chicago, Ill. COLONEL: 1 have just received instructions from the War Depart- ment not to permit the enlistment of prisoners of war. You will be governed by these instructions. Very respectfully, your obedient servant, H. W. HALLECK, Mgor- General. HEADQUARTERS DEPARTMENT OF TIlE MISSISSIPPI, Saint Louis, March 18, 1862. Brig. Gen. FRED. STEELE, Commanding District of Southeast Missouri, Pilot Knob. GENERAL: In reply to your letter of the 14th instant I have the honor to inclose herewith copies of General Orders, Nos.] 30 and 51, current series, from these headquarters, the latter giving the tariff o Page 175 EARLY EVENTS IN MISSOURI, ETC. 175 exchange of prisoners of war to be substituted for that given in the former. I am instructed by the major-general commandiiig to say that complying with the requirements of said orders you are authorized to make actual personal exchanges; that where the enemy returns pris- oners within our lines you will return within his lines the prescribed number of the proper grade. Where you have not the prisoners to return they will on your application be furnished from here. Very respectfully, your obedient servant, N. H. MCLEAN, Assistant Adjata at- General. HEADQUARTERS, Gape Girardeau, Mo., March 24, 1862. Brig. Gen. J. M. SCHOFIELD, Commanding Missouri State Militia, Saint Louis, Mo. SIR: Since my last I have to report that in and immediately around Cape Girardean is quiet and peaceable. In the large scope of coun- try including Bollinger, Scott, Stoddard and Dunklin and a portion of Cape Girardean Counties small bands of secessionists are moving about committing depredations. There are seven men belonging to my bat- talion who were absent on sick leave and were captured by these men, who seem to be still under command of M. Jeff. Thompson. Omie of the seven was killed while resisting. One of the prisoners has been returned with a letter* from M. Jeff. Thompson which I herewith inclose. Owing to a circumstance which I will hereafter report I can- miot comply with the request made in said letter but there are fourteen commissioned officers who are on their parole of honor, and I have written to the commanding officer stating that I would release two captains amid two lieutenants for the seven men that they have belong- ing to me. You will see by the inclosed letter that Brig. Gen. M. Jeff. Thompson is still in command of a body of troops. The man who brought the letter says he saw and spoke to him twenty-five miles below Bloomu- field. He could not ascertain the amount of force under himu but I should suppose from the locality in which he was found and other cir- cumstances he may have about 1,000 men. Should exigency require it will I telegraph to your headquarters for help, or will I send down to General Strong at Cairo l I have to report also that nine prisoners confined in guard-house escaped on the night of 23d instant by ineamis of a rope which had been used to tie an unruly soldier and was improperly left in the room. I have a detail of men in pursuit. I am, sir, respectfully, your obedient servant, LINDSAY MUJIDOCH, Captain, Missouri State Militia, Commanding Post. OFFICE oF PROVOST-MARSHAL-GENERAL, DEPARTMENT OF THE Mississippi, Saint Louis, March 25, 1862. COMMANDING OFFICER, Glasgow, Mo.: It has been brought to the knowledge of the commanding general that one Caples, a prisoner on parole, whose teachings and example has been productive of much trouble in Chariton, Saline and Howard Not 1~iind Page 176 176 PRISONERS OF WAR, ETC. Counties has appointed to preach at Glasgow on the 29th and 30th instant. The mischief wrought by this man has beeii so great and so fully proven to me that in the absence of any order on the subject from headquarters I cannot hesitate to do what I feel to be a duty to thc Government and to exercise a right with which my office invests me. In the absence of any local provost-marshal at Glasgow to whom I would address a formal order on the SuI)ject I have to request you to inform Mr. Caples that I forbid his exercising in any manner the fuiic- tions of a. preacher or public speaker in the counties of Saline, Chariton and Howard until fnrthcr orders. This lie ~vihl regard as an order any violation of which will incur the penalties of resistance to military orders on his part. I have abundance of evidence that the peace and well-being of that sectiomi of country requires this course toward Mr. Caples and hope you will concur in this view amid enforce obedieimce on his part to this order. I am, very respectfully, your obedient servant, BERNARI) G. FARRAIR, Provost -Afti rsh a 1- (len eral. HEABQVARTERS FIRST T)IYISIoN, ARMY OF TIlE WEST, Van Baren, March 26, 18G2. Major-General HALLECK. Co ))i in and ?fly Department of th(? ]Ifississij)pi. GENERAL: I desire to call your attention very respectfully to the fact that whilst I fortlmwith released upon their paroles and oaths more than 3,500 officers and men who were taken prisoners by me at Lex- ington you hold a large number of the officers and men of the Missouri State Guard and many citizens of Missouri in close confinement at Saint Louis , Alton and elsewhere, and timat the men thus held by you are suffering greatly by reason of such unjust confinement. I hope, general, that you will be pleased to imitate the example which I furnished so long ago, and Imave the honor to be, most respeetfally, your obedient servant, STERLING PRICE, y of the West. Major- General, Commanding First Division Arm SAINT LOUIS, Mo., March 28, 1862. Capt. H. H. HEATH, Provost-Marshal, Clinton, Mo. CAPTAIN: As a general rule you will require all persons who have been in arms against the Government of the United States to take the oath and give a bond for $1,000. This rule applies only to those who have been in regular service. Such as have been guilty of irregular om illegal warfare you will hold for trial before a muihitary commmssmon, sending copy of evidence in each case to this office. Those wh-z have a pass from provost-marshal at Springfield will not be detained. I pre- sumne line only gives such passes in cases where the party has complied with usual terms for returning to his allegiance. In all timings not governed by general orders exercise your own dis- cretion after obtaining all the facts. ln such cases your opportunities to know and judge of the circunistances of each case will better enable you to decide than I possibly could. Very respectfully, your obedient servant, B. 0-. FAIRRAR, Provost-Marshal- General Page 177 EARLY EVENTS IN MISSOURI; ETC. 177 GENERAL ORDERS, II DQRS. DEPARTMENT OF THE Mississippi, No. 13. Saint Louis, March 30, 1862. I. Commanders of army corps, divisions and brigades and of mili- tary districts where their commands are equal to a brigade are author- ized to order military commissions to try offenses against the laws of war which are not triable by general court-martial. But all sentences of such commissions extending to loss of life, or confiscation of property, or imprisonment exceeding the term of thirty days must be confirmed by the commanding general of the department. II. The attention of all such commanders and of all officers of miii- tarycomnmissions is called to General Orders, No. 1, of 1862, Department of the Missouri, in relation to the powers and duties of commissions as distinguished from conrts-martial. By command of Major.General Halleck: N. 11. MCLEAN, Assistant A djut ant- General. SAINT Louis, April 3, 1862. WILLIAM M. MOPTIELiSON, Esq., Saint Louis, Jib. SIR: Your letter of this date is received.* In answer to your inquiries I have to state that persons in arms against the United States nuder General Price can be received only as prisoners of war and that they will be treated in the same kind and lenient manner as others have been who are willing to abandon a hopeless and unholy cause, take the prescribed oath of allegiance and give satisfactory security for their future good conduct. Any one who voluntarily takes the oath and gives his parole of honor and afterward violates it by aiding or abetting the enemy will most certainly be executed. A man who violates his military parole commits the most serious of all military offenses and 1 will pardon no one who is guilty of that crime. In regard to the wife of the reverend captain chaplain in General Prices army who wishes permission to visit her husband please inform her that no such permission can be granted. Nearly all the secession- ists of this State who have entered the rebel service have left their wives and daughters to the care of the Federal troops. There is scarcely a single instance where this confidence has been abused by us. But what return have these ladies made for this protection ~ In many cases they have acted as spies and informers for the enemy and have been most loud-mouthed in their abuse of our cause and most insulting in their conduct toward those who support it. Under any other gov- eminent they would for such conduct be expelled from the country or confined within the walls of a prison. I am well aware that some good Union men in the interior of the State think that those now serving the rebel cause under General Price should be permitted to return to their homes without beiug considered prisoners of war or when taken prisoners of war that they should be released simply on promise of future good conduct. Experience has satisfied me that such a course would neither be wise nor safe. Indeed I find that the very persons who advocate a more lenient policy toward Not found. 12 R R5ER II~ VOL Page 178 178 PRISONERS OF WAR, ETC. rctllrne(l secessioiiists are also continually petitioning to have addi- tional troops sent to their counties to protect them from the operations of these same rebels. Very respectfully, your obedient servant, ]Iftyor- General. ATTORNEY-GENERALS OvFLcI~, Aprjl i(;, 1S62. JAMES 0. BROABHEAD, U. AS1. District Attorney, Saint Louis, Mo. SIR: Since writing you yesterday I received yours* of the 12th asking for official assistance. Certainly you must have the needful aid and I shall take your judgment of the necessity. Your assistant must be a capable, good lawyer or he will be of little use. Name your man therefore and I will allow a fair and liberal compensation, avoiding alike extravagance and meanness. From my letter of yesterday I think you will understand the drift of my policy in the matter of pros- ecutions. I would use indictments for treason sparingly especially against small men~ There are some mnagnates,liowever, who are notuow in the State and may never be there again against whom a pending indictment for treason might be made useful in the future. Such (for instance only) as Generals Polk and Pillow, of Tennessee; Pike, of Ark- ansas; Van Dorn, Clark, Parsons, Reid, & c., of Missouri; of course not forgetting Price, Jackson, and Thompson. When the war is mainly over it may be a good thing to have that hold upon them wherever they may then be. Very respectfully, EI)WARI) BATES. WAR I)EPARTMENT, Washington City, D. (1., May 27, 1862. General ScH3FIELD, Commanding, Saint Louis: The President has received infcrmation that Washington Adams and Andrew Adams, of Boonville, have been arrested and are held in cus- tody by the provost-marshal of Boonville without any sufficient cause. He desires that they be released if there be no sufficient cause to the contrary, and if they be not released that the cause for holding them in custody or requiring theni to give bonds be communicated immedi- ately to this Department. Your prompt attention to this subject is requested. EDWIN M. STANTON, & cretary of War. CON~IED1i~RA~TE CORH1~SPONDENCE. SAINT Louis, Mo., May 5,1861. General S. PRICE, Commanding State Militia. DEAR SIR: I leave this city on Friday next with several men. You may need our services in Jefferson City; if so Missouri holds on me the first claim, consequently I tender you that service. Not found Page 179 EARLY EVENTS IN MISSOURI, ETC. 179 Information from a reliable source forces the conviction upon me that the agreement entered into by General Ilarney and yourself is at pres- ent null and void. Preparations are now being made for a crusade on Missouri. To defend her laws and liberties I pledge you the force under my control. Being strangers to each other any instructions you may desire to convey to me touching the matter you can send to any of your friends who will find inc at the Everett House in this city. Very respectfully, your obedient servant, HEADQUARTERS MCCULLOCII5 BRIGADE, Camp on Buffalo Creek, Mo., July & , h~GI. lion. L. P. WALKER, Secretary of War. SIR: I have the honor to transmit the inclosed report detailing an account of the taking of the town of Neosho, Mo., by a part of my brigade and of the surrender to them of eighty men with their arms, & c. I am now within about twenty-five miles of the governor of the State who I learn has been fighting his way to me during the day. I will push a portion of my force (now nearly 4,000 men) as near to him as possible to-morrow and do all in my power to relieve him. It will depend upon his fate what my future movements may be. My great object in coming into the State has been to relieve the governor and the force under him. I will again inform you of my whereabouts in the course of a few days. I have the honor to be, sir, your obedient servant, BEN. MuCULLOCfl, Briga d icr- General, Commanding. [luclosure I HEADQUARTERS MUCULLOCHS BRIGADE, Camp at Burlins Mill, July ~, 1~61. Brig. Gen. BEN. MCCTYLLOCH, Commanding Brigade, Camp on Buffalo Creek, Mo. GENERAL: I have the honor to inform you that in obedience to your orders I started at 11 a. m. to-day with four companies of Colonel Churchills regiment of Arkansas Mounted Riflemen and Captain Car- rolls company of Arkansas State troops to make an attack upon some Federal troops at Neosho, Mo., in conjunction with Colonel Churchill, commanding six companies of his regiment. We started on difThrent roads which entered the townone from the west, the other from the southwith an arrangement to make the march of sixteen miles in four hours and upon entering the town to make a simultaneous attack. I found that the distance was not so much as stated. It would therefore be necessary for me to have waited near the town an hour, and fearing that information would be carried into town to the enemy 1 determined to attack at once and made my arrangements accordingly. I dis- mounted the four companies of Churchills regiment about a quarter of a mile of the town and marched them by platoon at double-quick within 200 yards of the conrt-hoase, where we found a company eighty strong. I sent Captain Carroll with his company to make a d6tour and to take them in rear Page 180 180 PRISONERS OF WAR, ETC. After halting my command I sent Doctor Armstrong, volunteer aide- de-camp, to demand a surrender of the forces. I allowed them teu minutes to decide. At the end of the time the captain in comnlnan(l made an unconditional surrender of the company, laying (low ii their arias and side-arms. We took 100 rifles with saber bayonets, a quantity of a~uinu- nition and a train of seven wagons loaded with provisions. Colonel Churchill caine up in good time with his command aud made an impos- ing sight with his mounted riflemen. The officers and men did everything in their power to make the movement as prompt as possible, and they marched up to within a short distance of a force whose numbers were unknown with a step as regular and a front as unbroken as a body ot veterans. I have the honor to be, general, yonr obedient servant, JAMES McINTOSH, Captain, C. S. Army, and Adjutant-General. HEADQUARTERS MOCULLOCHS BRiGADE, Camp Jackson, Ark., July 9, 1861. Hon. L. P. WALKER, Secretary of IVar, Richmond, Va. SIR: * * * * * * * On the 5th instant I found from authentic information that if the governor was to be rescued by my command it was necessary to move with more celerity than the infantry and artillery could march. I there- fore moved omi with about 3,000 cavalry leaving the infantry and artil- lery in camp twenty-eight miles north of this camp. Upon arriving within twelve miles of Neosho I ascertained that the force had already left that place aiid marched north against the governor leaving a detachmemmt in Neosho between 100 and 300 men. I imnmnediately sent two columns of cavalry on different roads to capture the detachment one columnn of six companies under Colommel Churchill, and another umider Captain McIntosh of five companies. The movement was entirely successftd and 137 prisoners fell into my hands, with 150 stand of arms, 1 color, 7 wagons (loaded with subsistence stores) and an ambulammee. In the hurry of reporting this affair I made the amount of property and prisoners captured less than it actually was. * * I have the honor to be, sir, your obedient servant, BEN. McCULLOCII, Briga (1 icr- General, Commanding. PROCLAMATION. JEFFERSON CITY, August 20, 1861. To THE PEOPLE OF MISSOURI: FELLOW-CITIZENS: The army under my command has been organ- ized under the laws of the State for the protection of your homes and firesides and for the maintenance of the rights, dignity and honor of Missouri. It is kept in the field for these purposes alone, and to aid in accom- plishing them our gallant Southern brethren have come into our State with these. We have achieved a glorious victory* over the foe, and Probably has reference to the battle of Wilsons Creek, August 10, 1861. See Series I, Vol. III, pp. 54130, for official reports of this action Page 181 EARLY EVENTS IN MISSOURI, ETC. 181 scattered far and wide the well-appointe(l army which the usurper at lATasliiIlgtoll has been more than six months gathering for your sub- jugation and enslavement. This victory frees a large portion of the State froni the powers of the invaders and restores it to the protection of its army. It conse- quently becomes my duty to assure you that it is my firm determina- tion to protect every peaceable citizen in the full enjoyment of all his right whatever may have been his sympathies in the present unhappy struggle, if he has not taken an active part in the cruel warfare which has beeii waged against the good people of this State by the ruthless enemies whom we have just defeated. I therefore invite all good citizens to return to their homes and the practice of their ordinary avocations with the full assurance that they, their families, their homes and their property shall be carefully pro- tected. I at the same time warn all evil-disposed persons who may support the usurpations of any one claiming to be provisional or tem- porary governor of Missouri or who shall in any other way give aid or comfort to the enemy that they will be held as emiemies and treated accordingly. STERLING PRICE, Major- General, Comm a a ding Missouri State Guard. PROCLAMATION. HDQRS. FIRST MILITARY DIST., MIssouRI STATE GUARD, Camp Hunter, September 2, 1861. To WHOM IT MAY CONCERN: Whereas, Maj. Gen. John C. Fr6mont, commanding the minions of Abraham Lincoln in the State of Missouri, has seen fit to declare mar- tial law* throughout the whole State and has threatened to shoot any citizen soldier found in arms within certaiu limits, also to confiscate the property and free the negroes belonging to the members of the Missouri State Guard: therefore, know ye that I, M. JelL Thompson, brigadier-general of the First Military District of Missouri, having not only the military authority of brigadier-general but certain police powers granted by Acting Governor Thomas C. Reynolds and confirmed after- ward by Governor Jackson do most solemnly promise that for every member of the Missouri State Guard or soldier of our allies the armies of the Confederate States who shall be put to death in pursuance of said order of General Fr6mont I will hang, draw and quarter a minion of said Abraham Lincoln. While I am anxious that this unfortunate war shall be conducted if possible upon the most liberal principles of civilized warfare and every order that I have issued has been with that object yet if this rule is to be adopted (and it must first be done by our enemies) I intend to exceed General Fr~mont in his excesses and will make all tories that come in my reach rue the day that a different policy was adopted by their leaders. Already mills, barns, warehouses and other private property have been wastefully and wantonly destroyed by the enemy in this district while we have taken nothing except articles strictly contraband or absolutely necessary. Should these things be repeated I will retaliate ten-fold, so help me God. M. JEFF. THOMPSON, Brigadier- General, Commanding. * See Fr6monts Proclamation, p. 221 Page 182 182 PRISONERS OF WAR, ETC. HEADQUARTERS MISSOURi STATE U UARD, Camp Wallace, Lexington. Mo.. & ptember 21, 1861. lion. C. F. JACKSON, (Jovernor of the State of Missouri: I have the honor to submit to Your Excellency the following report of the action which terminated on the 20th instant with the surrender of the IT. S. forces and property at this place to the army under my coin- mand: After chastising the marauding armies of Lane and Montgomery and driving theni out of the State and after compelling them to abandon Fort Scott as detailed in my last report I continued my march toward this point with an army increasing hourly in numbers and enthusiasm. * * * * * * After 2 oclock in the afternoon of the 20th and after fifty-two hours of continuous firing a white flag was displayed by the enemy on that part of the works nearest to Colonel Greens position, and shortly after- ward another was displayed opposite to Colonel Rives. I immediately ordered a cessation of all firing on our l)art an(l sent foiward one of my staff officers to ascertain the object of the flag and to open negotia- tions with the enemy, if such should be their desire. It was finally after some delay agreed by Colonel Marshall and the officers associ- ated with him for that purpose by Colonel Mulligan that the United States forces should lay down their arms and surrender themselves as prisoners of war to this army. These terms having been made known were ratified by me and immediately carried into effect. Our entire loss in this series of engagements amounts to 25 killed and 72 wounded. The enemys loss was munch greater. The visible fruits of this almost bloodless victory are very great about 3,500 prisoners, among whom are Colonels Mulligan~ Marsl~all, Peabody, White and Grover, Major Van Horn, and 118 other commis- sioned officers, 5 pieces of artillery and 2 mortars, over 3,000 stand of infantry arms, a large number of sabers, about 750 horses, many sets of cavalry equipments, wagons, teams, and ammunition, more than $100,000 worth of commissary stores and a large amount of other property. In addition to all this I obtained the restoration of the great seal of the State and the public records which had been stolen from their proper custodian, and about $900,000 in money of whichm the bank at this place had been robbed and which I have caused to be returned to it. * * * * * * * I have the honor to be, with the greatesi respect, Your Excellencys obedient servant, STEI{L1NU PRICE, ]tiliajor- General, (oni iiian (1 iflf/. HEADQUARTERS, Mern p/i is, Ten n.. No rein her 17. 1861. Col. NV. NV. MACKALL, Assistant Adjutant- General. COLONEL: I have the honor to report the arrival on November 15, 1861, from Columbus of 99 prisoners taken at tIme battle of Belmont on 7th of November. There are 93 privates, 4 corn missioned officers, 1 orderly sergeant and 1 wagon-master. They were brought to Me Page 183 EARLY EVENTS IN MISSOURI, ETC. 183 plus on steamer Ingomar, under command of Captain Dresdens com- pany Louisiana volunteers. Upon their arrival they were taken charge of by me and marched in order to a large cotton warehouse which had been selected the day previous. The owner of the cotton warehouse objects so much to their occupying his house that I have determined to move them as soon as possible to a more convenient and equally secure place. They will have ample room as the building has a large yard, surrounded by high, thick walls. There is a guard of twenty-four privates, two commissioned officers and three non-commissioned officers, all taken from the home guard, relieved every twenty-four hours. It will be my endeavor to make them as comfortable as possible. Rations will be furnished by the Government for their subsistence, doing their own cooking. A servant will be supplied to wait on the officers. There are now three companies of home guard organized as a guard, members of which all have families and subsist themselves. What will they be allowed for their services? A great many of them depend upon their labor for a support. I am, colonel, very respectftilly, JOHN AI)AMS, Captain of Cavalry, C. ~. Army, Commanding Post. Statement of Dr. William TV. Griswold, of Warren County, Mo. I entered into the service of the medical department of the Missouri State Guard omi the 14th of August, 1861, as an assistant surgeon in the hospital located in the brick female seminary at Springfield. Mo., in which were placed the wounded of two brigades of the Eighth Division of the Missouri State Guard. I assisted there until General Rains moved. I left with the divisioim. At Stockton the general desired a courier northward; wishing to go to Henry County I vol- unteered my services, which were accepted. I rejoined the army ere the battle of Dry Wood and assisted in attend- ing to the wounded on that day. When the army moved on Lexing- ton I was detailed (by Doctor Taylor, the brigade surgeon) to take charge of the wounded and remove them to Greenfield, in Dade County, Mo., with orders to there establish a hospital. On my arrival at that place with the wounded I found a hospital already established, to which was attached a surgeon. I turned my patients over to him and returned to the army at Lexington. Again occupied my former posi- tion and attended the sick of the brigade. I stayed with the army until it crossed the Osage on its retreat. The army needing medicines which we could not procure in Southwest Missouri, and Colonel Boone wishing me to go with him to the north side of the Missouri River I obtained permission to go. Doctor Snodgrass, surgeon-general, how- ever, ordered me to purchase all of certain articles of medicine then needed that I could get amid send to the army. Colonel Boone not succeeding in organizing the men he expected to I again returned to the army which was then near Greenfield, in Dade County. Colonel Boone received fresh orders amid I was requested to atteimd him for the purpose of taking charge of the medical direction of the troops expected to be raised by him and assist in bringimig them to the main army, my intimate knowledge with the country being of service to Colonel Boone Page 184 184 PRISONERS OF WAR, ETC. I arrived in Callaway County in November, 1861. Assisted in organ- izing several companies. Moved east into Warren County for the same purpose in l)ecember. Was there taken sick and by the time I was in condition to travel my retreat was cut off by the Federal troops. I lay in the woods and out-of-the-way places (luring the balance of the winter. The 1st of April started again to make my way to the army. On the 2d after traveling a few miles I was taken with the ague, and whilst sick surrounded and taken by the State militia from 1)au- ville, Montgomery County; taken to that place; incarcerated in a cell and ironed; taken out three times per day and paraded as a spectacle a notorious and infamous secessionist. After keeping me iii irons for a week or so the irons were taken off but I was kept confined iii the cell until my removal to Mexico, Audrain County. There I was kept for five or six weeks. At the end of that time the farce of a trial was gone through with. I was not allowed ammy witness neither was I l)ermitted to ask any question of theirs that would tend to invalidate their testimony. Nevertheless the commissiomi could find nothing against me. 1 not being permitted witnesses that I desired refused to make any statement. On my arrival in Saint Louis I there found officers who were with me in the army and by whom I could establish my position. I then wrote to the provost-marshal-general of the l)istrict of Missouri demand. ing an unconditional release as a surgeon of the Missouri State C uard. After a week or two his assistant sent for me. I reiterated my demand and offered to produce the evidence. He remanded me to prisoa. I then wrote to General Schofield twice, then to Washington City, then to the assistant provost-marshal-general at Saint Louis. The assistant requested me to semid my evidence. I sent him my certificates which he retains and refuses to return. I have written to him three times for them but cannot get them. I was transferred from Saint Louis to Alton. At each and every prison at which I have been confined I have been compelle(l to attemid to the sick. At this place 1 have the choice of a cell or attention to the sick all(l wonn(led. Yours, res~)ectfully, WM. W GRISWOLD, Of IVarreu County, ilIo. Union Methods of Dealing with Guerrillas and the Lawless Elements of Missouri. ADJUTANT-GENERALS OFFICE, Wa~hiugtou, May 27, iSGI. Brig. Gen. W. S. HARNEY, Commanding Department of the West, & nnt Louis ]Jfo. SIR: The President observes with concern notwitlistamiding time pledge of the State authorities to co-operate in preserving peace in Mis- souri that loyal citizens in great numbers comitinue to be driven from their homes. It is immaterial whether these outrages continue from inability or indisposition on the part of the State authorities to preveiit them. It is enough that they continue to devolve on you the (luty of putting a stop to them summuarily by the force under your command to be aided by snch troops as you may require from Kansas, Iowa an Page 185 EARLY EVEWLS IN MISSOURI, ETC. 185 Illinois. The professions of loyalty to the Union by the State authori- ties ot Missouri are not to be relied upon. They have already falsified their professions too often and are too far committed to secession to be entitled to your confidence, and you can only be sure of their desisting from their wicked purposes when it is out of their power to prosecute them. You will therefore be unceasingly watchful of their movements and not permit the clamors of their partisans and opponents of the wise nieasures already taken to prevent you from checking every movement against the Government however disguised under the pretended State authority. The authority of the United States is paramount and when- ever it is apparent that a movement whether by color of State authority or not is hostile you will not hesitate to put it dow-n. I am, sir, very respectfully, your obedient servant, L. THOMAS, Adjutant- General. SAINT Louis, June 13, 1861. General L. THOMAS: Telegraph lines have been destroyed near Jefferson City by party from there thus cutting off all direct communication with the West. The governor has caused the Gasconade bridge to be burned. Tele- graph lines from Quincy east but none between these places. N. LYON, Brigadier- General, Commanding. HEADQUARTERS BRIGADE, Quiney, daly ii, 1861. Col. J. M. PALMER, Eon rteenth rIll~noisl Regiment. SIR: Your regiment is ordered back to-morrow to be joined by Col- onel Grants, who will bming you detailed orders and meet you at Pal- myra. I regret to learn that disorder and depredations have marked the Sixteenth Regiment in Missouri. As senior colonel you will repress this at all hazardS. No violence or robbery, no insults to women and children, no wanton destruction of piopeity ~vill be tolem-ated. License must be repressed by the sham-pest remedies and any officem- who l)erlnits or encourages will lose his commission. Youms, S. A. HURLI3UT, Brigadier-General, U. ~. Volunteers. P. S.I cannot leave headquarters until my other regiment comes on Monday night and get them into camp. hEADQUARTERS BRIGADE, Quincy, July 14, 1861. Colonel SMITH, Sixteenth Illinois. SIR: No depredations will be tolerated in property. Strict order will be l)reserved at the l)eril of officers and men. Give receipts at once for all that you take and take nothing that you do not want. Re Page 186 186 PRISONERS OF WAR, ETC. port to inc at once any violation of discipline iii these or other respects. I fear from reports that have reached me that violence and misrule have some scope in the Sixteenth Regiment. This must be put down at all hazards. Yours, S. A. HUIILBUT, Brigadier- (kneral, U. ~. Volunteers. GENERAL ORDERS, BRIGADE HEADQUARTERS, No. 2. f Quincy, Iii., July 16, 1861. 1. The general in command requires of all troops serving in Missouri strict obedience to the following directions for their conduct: No man is to be arrested or detained for mere expression of opinion. No inter- h~rence with women, no breaking into houses or stores, 110 unautllorize(l seizures or destruction of private property will be tolerated, but every person so offending will be dealt with in pursuance of articles 32 and 54 of the Articles of War. * * * 2. If any person shall be detected by guards in the act of taking up track, removing rails, ties or spikes, placing obstructioiis on road or burning or injuring property necessary for the orderly running of thc road the guard will immediately arrest all such persons, and if they esca.l)e arrest fire upon them. * * * * * * * 10. If sworn information by reliable men is furnished that any pci- son is engaged or has been engaged in raising troops destiimed to act against the United States, or has accepted service iii any such force, or has knowingly and without compulsion furnished horses, provisions or money or any article to assist and aid snch, or if any person shall be actually found in such service by any officer or private of the U. S. troops they will be immediately apprehended for treason, and after preliminary investigation if in the judgment of any field officer there is canse to hold them for trial they will be seiit to brigade headquarters with a statement of the facts and a list of the witnesses, but all exam- ining officers will exercise extreme care and discrimination and not con- found the innocent with the guilty, and exercise a just discretion. S. A. HURLBUT, Brigadier- General, U, ~. Volnuteers. BRIUADI JIEADQUARTEIIS, Quincy, July 16, 1861. Col. J. B. TLTRCTHN, Nineteenth rlllinois] Regiment. SIR: The Nineteenth have now an opportunity of establishing a rel)ntation for orderly and soldier-like behavior. I have no fears for their reputation for courage and gallantry. I regret that I have relia- ble information that they violate private rights of property and of person. This must be stopped at once. I call your attention to the Articles of War, sections 32 and 54, and shall require implicit obedi- ence. The regiment must not be permitted to mimake friends into enemies and injure the cause of the Nation while in its service by excesses and violence. Peaceable citizens must be protected; oflendcrs against such must be 1)LllliShCd. You will cause strict inquiry to be made and wher Page 187 EARLY EVENTS IN MISSOURI, ETC. 187 damage has been done settle the amount all(l deduct from ne offenders pay. In addition to this military punishment adequate to the offense will be inflicted even to the extent of ignominious discharge from the service. Prompt obedience and orderly behavior must be preserved. I send you in a private letter the facts which I require to be examined iiito and desire a report. If you are compelled by military necessity to take horses or transportation or any other private property let it be done by competent officers and reported to you, and let the cause of such taking, the property taken, the value and the owners name be entered on the regimental books and proper vouchers given to the owners. Your regiment by careful and orderly conduct can make hosts of friends, and I trust that the high opinion which I have of the officers may not be lowered by their misconduct in any way. S. A. HUIRLBUT, Iirif/adfrr- General, Illinois I ol an tee)~ Militia. ASToR HousE, Ni~xv XORK, ~Iifly IS, 1s61. Colonel TOWNSEND, Assistant Adjutant- General: North ~Iissouri Railroad torn np and obstructed by State forces. Mails cannot be transported. Track torn up behind the United States troops. Some fighting betweemi these and State forces. I have ordered General Pope to take the command in North Missouri with three regi- ments from Alton. He moves this morning. General Lyon calls for re- enforcements. J. C. F1II~MONT, Afajo r- General, (lam man(liflg. PR( )CLAMATL( )N. SAINT CHARLEs, Mo., July 19, 1861. To THE PEOPLE OF NORTH MISSOURI: By virtue of proper authority I have assumed the command in North Missouri. I appear among you with force strong enough to maintain the authority of the Government and too strong to be resisted by any means in your possession usual in warfare. Upon your own assurances that you would respect the laws of the United States and preserve peace no troops have hitherto been sent in your section of the country. The occurrences of the last ten days have plainly exhibited that you lack either the power or the imiclination to fulfill your pledges and the Government has therefore found it necessary to occupy North Missouri with a force large enough to compel obedience to the laws. So soon as it is made manifest that you will respect its authority and put down unlawful combinations against it you will be relieved of the presence of time forces ummder my comumand, but not till then. 1 therefore warn all persons taken in armns against the Federal authority who attempt to commit depredation upomi the public or private property or who molest ummoffending and peaceful citizens that they will be dealt with iii time most summary manner without awaiting civil process. JNO. POPE, Brtga(l icr- General, U. A~. Army, Corn m anding Page 188 188 PRISONERS OF WAR, ETC. GENERAL ORDERS, ~ BRiGADE HEADQUARTERS, No. 4. 5 Hudson City, July 19, 1861. For the purpose of more orderly and saiisfactory control of the Hannibal and Saint Joseph Railroad and the maintenance of the various important l)oints that road will be divided into two divisions and four sections. The first division will extend from Saint Joseph to Brook- field; the second division from Brookfield to the Mississippi River at Hannibal and Qnincy. The first section of the road will extend from Saint Joseph to Hamil- ton, and will be held by the Second Iowa Regiment, Lieutenant-Colonel Tuttle, headquarters at Saint Joseph. The second section from 11am- ilton to Brookfield will be held by the Third iowa Regiment, head- quarters at Chillicothe. The third section from Brookfield to Salt River will be held by the Sixteenth Illinois, Col. 11. F. Smith, head- quarters at Hudson City. The fourth section from Salt River to Han- nibal and Quincy will be held by the Fourteenth Illinois Regiment, headquarters at Palmyra.. Each regiment will gradually draw in within its own lines as fast as relieved by the appropriate force and keep communication at least daily from each post to headquarters of regiment. Reasonable force will always be held at headquarters to assist any post in case of attack or for scouting duty. One company of Third Iowa will occupy Brook- field and will be joined by one company from Sixteenth Illinois, after which that point will be held jointly by the two companies. Detail of movements to make necessary changes will be ordered by Colonel Williams within the first division and Colonel Th.omas in the second under directions from the brigadier-general. S. A. IIURLB UT, Brigadier- General, U. S. Army, Commanding Line of Hannibal and Saint Joseph Railroad. HUDSON CITY, July 19, 1861. Colonel SMITH, Missouri Volunteers. SIR: By telegraphic orders from Brigadier-General Pope, now com- manding in chief in North Missouri, I moved from Quimicy yesterday morning at 10 oclock; took up Grants regiment, Twenty-first Illinois, 840 strong, and have here in addition 400 of Colonel 1~ahmners (Four- teenth Illinois). I took possession of this end of the road last night under reports of destruction of bridges and culverts. My or(lers were to open the road to Mexico and meet General Pope theic to-day. Mr. Mon iton, superintendent of the road, reports, with an engine, from you to-day that you need no further aid. I return the engine to you and send this by reliable messenger, and will hold my command until you return me message as to the state of things. This you can do by returning same engine, or in the most rapid manner, and send on com- munications to General Pope who should be at Saint Charles or on the road up. Yours, respectfully,. S. A. HURLBUT, Brigadier- (len era 1, bT. S. I Toiu uteers Page 189 EARLY EVENTS IN MISSOURI, ETC. 189 HUDSON CITY, July 19, 1861 GEORGE NASH, No. 40, under Planters House, Saint Louis, Mo.: Shall go with train to-day. Conductor must bring out morning mail train. Inform Presideiit T. B. Moulton. Harris is moving about in timbered lands in Callaway County with from 800 to 1,200 horsemen. U. S. troops on foot in pursuit. Trains coimtaining U. S. troops on North Missouri Railroad were fired into four tunes en route to Mexico. One U. S. soldier buried at Montgomery City aimd several wounded now in trains at Mexico. Two [of] State troops caught amid shot. No prisoners. Press seized at Mexico and sheet put out by U. S. troops. Oath administered to many citizens. Doctor Bass, member of State convention, taken prisoiier at his own house, and his horses aiid mules, and taken to Montgomery City but released next day on parole. Col- onel McNeil is between Harris and the river. Lieutenant-Colonel Hammer is betw-een the North Missouri Railroad and Harris. Neither party knows the enemys precise position. General Hurlbut and Col- onel Palmer are at Hudson with about 1,800 troops; Colonel Smith is at Mexico with 3 locomotives, 60 or 70 cars and 400 men; says he does not want any more troops to assist in driving the enemy from the country. In addition to the above on the morning of the 18th forty U. S. cavalry, Hammers command, left Montgomery City for Mexico. Ten miles west of Wellsville they were attacked by State troops and driven back to Wellsville with loss of one horse killed and two wounded. They proceeded from this station by train to Mexico. hEADQUARTERS DISTRIcT OF NORTH MISSOURI, Saint Charles, Mo., July 20, 1861. By instructions from the general of division I have assumed comn- mand of all the forces in North Missouri. Upon receipt of this com- munication all commanders of forces along the line of North Missouri Railroad will send forward to this place the trains, locomotives and cars of every description in their possession or under their control. Commanders of regiments and detached corps will furnish at once a return of their commands, their stations and all other matters of moment. [JOHN POPE,] Brigadier- General, U. S. Army, Commanding. NOTICE. HEADQUARTERS l)ISTRIcT OF NORTH MISSOURI, Saint Charles, July 21, 1861. An investigation of the circumstances attending the difficulties along the line of the North Missouri Railroad and the wanton destruction of bridges, culverts, & c., makes it manifest that the inhabitants of the villages and stations along the road if not privy to these outrages at least offered no resistance to them and gave no immformnation by which they could have been prevented or merited punishment inflicted upon the criminals Page 190 190 PRISONERS OF WAR, ETC. 1 desire the people of this section of the State to understand distinctly that their safety and the security of their property will depend upon themselves, and are directly and inseparably connected with the security of the lines of public communication. It is very certain that the people living along the line of the North Missouri Railroad can very easily protect it from destruction and it is my purpose to give them strong inducements to do so. I therefore notify the inhabitants of the towns, villages and stations along the line of this road that they will be held accountable for the destruction of any bridges, culverts or portions of the railroad track within five iuiles on each side of them. If any outrages of this kind are committed within the distance specified without conclusive proof of active resistance on the part of the population and without immediate information to the nearest commanding officer, giving names and details, the settlement will be held responsible and a levy of money or property sufficient to cover the whole damage done will be at once made and collected. There seems to be no method of enlisting the active agency of the citizens along the line of this road for the protection of a public work in all respects so beneficial to them except by making it their very evi- dent personal interest to do so, and I desire them to understand that ~they will be compelled to pay in full of property or money for any dam- age done in their vicinity. It has been impossible heretofore even to ascertain the names of the criminals engaged in this kind of work although they were well known to everybody in the neighborhood. If people who claim to be good citizens choose to indulge their neighbors and acquaintances in committing these wanton acts and to shield them from punishment they will hereafter be compelled to pay for it; or if they disapprove their objections must take more tangible form thami mere words. It is not to be expected that the General Government will occupy a large force merely to protect from the people of this part of the State a work built for their own benefit, or to defend from out- rages and hostility communities which encourage violations of all law by giving no information and by offering no sort of resistance. I there- fore expect all law-abidimig citizens at once to take measures to secure the safety of the North Missouri Railroad in their vicinity and I notify all others that upon the safety of the road depends the security of their own property and person. To carry out the intentions set forth above divisions and subdivisions of the road will be made as soon as practi- cable from these headquarters, amid superintendents and assistant super- intendents appointed by name without regard to political opinions who will be held responsible for the safety of the railroad track within their specified limits. They will have autliority to call on all persons living within these limits to appear in such numbers and at such times and places as they may deem necessary to secure time object in view. I expect all good citizens who value peace and the safety of their families and property to respond cheerfully to this arrangement and to assume to themselves the care and protection of their own section. JNO. POPE, Brigadier- General, U. AS. Army, Commanding in North 3iissouri. HEADQUARTERS 1)I5TIIICT OF NORTH MIssOuRI, A3aint Charles, July 23, 1861. His Excellency SAMUEL J. KIRKwooD, Governor of Iowa. Sin: Your letter to General flurlbut with a communication from Colonel Bussey has been transmitted to me. In reply to it I have t Page 191 EARLY EVENTS IN MISSOURI, ETC. 191 say that I most cordially accept the proffered aid in maiiitaining peace and quiet in those portions of North Missouri bordering on the Jowa line. In sending your State or other forces into Missouri be pleased to intrust their command to discreet and prudent officers, who should be directed to keep me advised of all their operations and who should inform me frequently of all matters of interest or importance connected with the condition of that region. It is not my purpose to make arrests for opinions sake but rather to force the people throughout this section to keep the peace among themselves and to keep open their own lines of public communication. It is impossible that the Federal Govern- ment can employ for any length of time so large a force merely to pro- tect public works against destruction by those for whose benefit they were bnilt, and it is my purpose to offer such inducements to the citi- zens of this State as will be sufficient to secure their own active agency in protecting their lines of railroad aiid other works of public conven- ience or necessity. I have published a notice to the people along the line of the North Missouri Railroad which 1 intend also to apply to the Hannibal and Saint Joe road based on these views, a copy* of which I herewith transmit. As I shall enforce the penalty to the letter I hope to see good results follow before many days. Your active interference in North Missouri will I fear be very shortly necessary and in a stronger force than you suggest. The unfortunate repulse of our forces at Manassas has aroused the whole secession element in this State to renewed activity, and intelligence received this morning from Saint Louis has compelled me to suspend for the present further movements of the troops from this place in the direction of the Hannibal and Saint Joe road. It is by no means improbable that I may be obliged within a few days to move the whole force in North Missouri into Saint Louis to protect that city from civil tumult and bloodshed, and in that case I shall call upon yourself and Governor Yates to replace them by State forces. I will communicate further with you in a day or two when affairs have assumed somewhat more definite shape. I am, sir, respectfully, your obedient servant, JOHN POPE, Brigadier- General, U. S. Army, Commanding in North Missouri. HEADQUARTERS DISTRICT OF NORTH MIsSoURI, Mexico, July 24, 1861. Ma]. Gene J. C. FRI~MONT, Commanding Department of the West, Saint Louis ,iito. (jENERAL: I have the honor to report that I reached this l)oint to-day with the forces from Alton and assumed the command in North Mis- souri in compliance with your instructions. Everything is quiet and the road unobstructed. I transmit inclosed my proclamation t issued on the 19th instant, together with a public notice* which will explain itself. There seems to be no method of protecting the lines of public communication in this State and of preserving the peace except by forcing the population to understand that they peril their own safety of persons and property if they commit or allow to be committed with- out opposition any outbreaks against the law, and I have accordingly endeavored by such means as seem to me most efficacious to enlist the active agency of the population in the preservation of peace amid good order. The persons to whom the charge of the various districts of the See Notice, p. 189. t See p. 187 Page 192 192 PRISONERS OF WAR, ETC. road is committed have been selected from those of property and respectability without regard to political opinions; and I think that as soon as they can be made to realize that any disturbances among them, any combinations against the Government and any attempt to destroy the lines of railroad will lead to immediate reprisals npon themselves they will take such measures as will be necessary to prevent them. It requires but little effort on the part of the citizens of this section of country to preserve peace and order among themselves, and the moment they are furnished with such reasons for active interference as I have given them I do not doubt that all trouble will be at an end north 01 the Missouri River. I have applied the same system to all l)arts of North Missouri and will go forward in the morning to see them put in operation over the whole district. I am aware that these measures may seem at first sight to be harsh; but when it is considered that those calling themselves Union men and good citizens will not only not resist these lawless acts of outrage and these infamous assassinations of per- sons employed in the public service, but will absolutely refuse to inter- pose or to give the names of persons in their very midst who are and have been engaged in such atrocious transactions, I think the course I have adopted will appear sufficiently mild for the case. I transmit also copies of orders issued from these headquarters for your information. As soon as I learn that you have reached Saint Louis I will report to you in person. Respectfully, general, your obedient servant, JNO. POPE, Brigadier- General, Commanding. [Inclosure.] ORDERS, HEADQUARTERS DISTRIcT OF NORTH MISSOURI, No. 1. 5 Mexico, July 24, 1861. I. By virtue of instructions received from Major-General Fr& huont, U. S. Army, the undersigned assumes the command of all the forces in North Missouri. * * * * * * * V. * * * The printed notice* transmitted with this order will be circulated as extensively as possible by each commander within the limits hereafter fixed, and each commanding officer will report to the district headquarters as soon as practicable the names and resi- dences of proper persons to be appointed as specified in the printed notice, dividing for that purpose their respective districts into sub- divisions not exceeding seven miles in extent. The jurisdiction of the commanding officer at Warrenton will extend as far north as Mont- gomery City and as far south as the line of Saint Charles County near MillvilIe; of the commanding officer at Mexico from Montgomery City on the south to include Centralia on the north; of the commanding officer at Itenick from Centrahia to Macon City; of the commanding officer of the forces east and west of Macon City from ilannibal and Quincy to Saint Joseph, with such subdivisions as lie may designate. Within these limits the commanding officers will comply strictly with the terms of the printed notice herewith inclosed, and will immediately select proper persons without regard to political opinions (preferring men of property and respectability) to report to the general command- ing as fit to be appointed superintendents of the divisions arid sub- divisions of the railroad specified by the commanders respectively. * See Notice, July 21, 1861, p 189 Page 193 EARLY EVENTS IN MISSOURI, ETC. 193 VI. All illegal assemblages will be promptly broken up by command- lug officers nearest the place where they may be held and all persons taken in arms against the United States will be immediately sent for- ward to Mexico to be disposed of by the general commanding. VII. Each CoH)manding officer will send out such patrols and scout ing parties as may be necessary to keep him informed of all matters l)ertaining to his jurisdiction, and will be vigilant and l)roIiml)t in sill)- pressing all combinations against the authority of the Uflited States ~r the peace of the country. No arrests will be made for opinions sake unless time parties are engaged in open acts of hostility or are stiiimu- lating others to such acts by inflammatory words or publications. It is tIme mission of the forces under my command in North Missouri to restore peace and safety to a region distracted with civil commotion and to bring to l)Uflish~nent the infamous assassins and incendiaries who have been infesting this country. * * * * * * * JNO. POPE, Briqadier- General, Commanding. BRIGADE HEADQUARTERS, IIad~on, July 25, 1861. Lieutenant-Colonel WILSON, Comm (( ndu~g Sixteen th [Illinois] Regiment: You will on Friday imight next repair to post at Muscle Fork and take command of a detachment of fifty men, to be (lrawn in your judg- ment from Captain Johnsons coln~)any all(l from the company east of that poilit, tIme comnmander of which you will notify iii time. With this comnnmand proceed with such means of transportatiou by wagons as can l)e obtained and guides perfectly familiar with the country; you will move by the best route toward New Boston, timing yourself so as to arrive there about 9 a. m. of Saturday. If on information of time guides it will be l)racticabhe to conceal yourselves withiiim a mile or two of New Boston you will start early emiough to reach the place of concealment before daylight. If not perfectly certain of this (ho not arrive there before 9. Move 111)011 the town from the soutim and east; occupy it. If you find as I am informed you will secessionists assembled for drill charge them rapidly, kill and (lisperse and (Irive theum if possible to the north and west, where they will be intercepte(l by Washington Homne Guards, under command of W. S. Buckley. The instant they are dispersed if found there let detachmnemits search houses and stores amm(l outbuildings for ammunition and arms. If any maim resist your search by violemmee after being notified slmoot Imimim. Collect all arms and amnmunition in the lmammds of men not kimown to be loyal; arrest 1)octor Prior, Morris and any other lea(lers or any maim in whose pos- session more thiamm ordinary quantities of arums and ammunition may be toimud. You will give to the Waslmington Home Guards when theyjoin you all such amm unition and arms as they need froum the captured stock. This movement must be made without fail as tile Washington Home Guards will be on hand. You are charged with making the necessary detail to carry out this order. If more than fifty mem~ can be spared safely from the post you will take not to exceed seveimty-five. S. A. HURLBUT, Brigadier. General, U. S. Army. 13 R RSER II, VOL Page 194 194 PRISONERS OF WAR, ETC. BRIGADE HEADQUARTERS, Quincy, July 27, 1861. Maj. Gen. JOJIN C. FR~MONT, U. S. Army. SIR: By orders from Brigadier-General Pope, commanding in North Missouri, I assumed charge of the line of the Hannibal an(l Saint Joseph Railroad. Four regiments occupied this lineNineteenth Illi- nois, at Palii~yra; Sixteenth Illinois, at Hudson City; Third Iowa, at Chillicothe; Second Iowa, at Saint Joseph. Orders this day issued by General Pope have been obeyed to forward the Nineteenth Illinois and Second Iowa to Saint Louis. They are on their way. But it becomes my duty to report to you that the present force is wholly inadequate for the duty assigned; that the two regiments removed covered the termini of the road and protected its connections; that the country north of the road is inflamed and excited, and the region immediately southwest of Hannibal, in Halls County, is infested by strong bands of rebels threatening Hannibal in considerable num- bers and with at least two pieces of iron artillery. To oppose this I hold Hannibal with one company of Palmers Fourteenth Illi- nois and three ill-disciplined companies of home guards; one com- pany of the Fourteenth at South Bridge, between hannibal and Pal- myra. There is a vacancy from these points to Salt Creek where the outposts of the Sixteenth Illinois begin. Thence to Hannibal the road is well guarded; from Hannibal to Saint Joseph no troops; at Saint Joseph about 350 raw home guards. I go to-morrow the length of the road. I desire to state expressly and officially that the feeling along the line is hostile to this road. It is owned in Boston by wealthy men and the people believe it will be repaired if injured. They call it an abolition road. There is no such feeling as to the North Missouri; that is called a State road. I will defend it to the best of my ability; but with cavalry and artillery withdrawn from me and stationary scattered guards of infantry, with an entire regiment (the Third Iowa) without cartridge-boxes, belts or scabbards, justice to myself and the mcii under my command compels me to notify you in advance that my means are wholly insufficient and that if the road is broken up as I think it will be in forty-eight hours I and my command are not respomisible. I have extended and obeyed of course promptly all orders on this sub- ject; but desire to say that unless as I presume is the case public necessity requires this movement it exposes our connections and leaves us with both wings cut off in the heart of an unreconciled amid hostile country. Your obedient servant, S. A. HUlILBUT, Brigadier- General, U. S. I ~olunteers. SPECIAL ORDERS, )~ HEADQUARTERS WESTERN DEPARTMENT, No. 10. 5 Saint Louis, Mo., July 29, 1861. Brig. Gen. John Pope is assigned to the command of all the troops in the State of Missouri north of the city of Saint Louis. By order of Major.General Fr~mont: J. C. KELTON, Assistai~ t Adjutant- General Page 195 EARLY EVENTS IN MISSOURI, ETC. 195 GENERAL ORDERS, ~ HDQRS. DISTRiCT OF NORTH MISSOURI, No. 3. ill exico, July 31, 1861. The couiinanding general in North Missouri being about to assenible in one camp away from the railroad lines all of the forces under his conimaiid has determined to commit to the people of North Missouri the peace and qnietude of their owmi section and with these the safety of their property. Certainly time l)eoI)le of the various counties have to-day the same machinery of government and the same power of self- l)Lotection against lawless marauders as they had a year ago, and it only needs the same active agency and the same common interest to bring together for such a purpose all those who have anything at stake. it is demonstrated by sufficient testimony and by the experience of the past two weeks that the disturbances in Northern Missouri have been made by small parties of lawless marauders, which at any other time could have been easily suppressed with no more thaim the usual exer- tions of the people against breaches of the peace in times past. (Jer- taimily quiet and good order are of all things desirable in civilized com- munities and should form a common bond of union between citizens of every shade of political opinion. When these desim-able results are secured there will no longer be a necessity for the presence of armed forces in North Missouri. It is therefore the purpose of the general commanding in this region of conutmy before removing the military forces under his comnand from their present stations to visit with a considerable force every county seat amid considerable town in North Missouri and in each to al)l)oint a commuittee of public safety of persons selected fromn those of all parties who have social, domestic and pecuniary interests at stake. Each comnmittee shall consist of not more than five persons, and wherever it can consistently be done the proper county officers shall be selected as muembers. No one thus appointed shall be permitted to decline or shall fail to performn his duties under such penalties as the commanding general shall affix. These committees shall be charged with the duty of maintaining peace amid order in their respective counties, and shall have power to call out all citizens of the county to assemble at such times and places and in such numubers as may be necessary to secure these objects. Any one who shall refuse to obey such call will be turned over to the mnihitary authorities. If the people of time counties respectively are not willing or able to enforce the peace among themselves amid to prevent the organizing of companies to make war upon the United States the military force will l)erform the service, but the expenses must be paid by the county in which such service is necessary. To secure their pronmpt payment a levy of a sufficient amount of money will be at oiice made and collected by the officer in commuand. Upon the call of a mnajority of the com- muittee of public safety in each county troops will be sent to keep the peace, but as such expeditiomis are for the benefit of the people con- cerne(l who have imi nearly every case the power to discharge the serv- ice themselves the troops thus sent will be quartered upon them and subsisted and transported by the county in the muanner above specified for the whole l)eriOd it mnay be necessary for them to remain. If in consequence of disturbance not reported by the committee the general commanding finds it necessary to send a fom-ce into any county to restore order they will be iii like manner billeted upon the county unless the combinatiomi against the peace were too powerful to be resisted or the parties engaged were organized in other counties and brought on the disturbances by actual invasion. It is not believed tha Page 196 196 PRISONERS OF WAR, ETC. the first case can arise in any county of North Missouri; and in the second the forces will be marched into the county or counties where the marauding parties were organized or whence they made the inva- sion and will in like manner be quartered upon them. Where peace and good order are preserved the troops will not be required; where they are disturbed they will be restored at the expense of the county. To preserve the peace is the duty of all good citizens, and as all will suffer alike from the breach of it men of every shade of political opin- ion can act cordially together in the discharge of a duty as full of interest to one as to another. By perforinino this simple service as in times past and which it is certainly as much their interest and their duty to discharge to-day the people of this section of the country will be spared the anxiety, uneasi- ness and al)prehensioll which iiecessarily attend the presence of armed forces in their midst and will again enjoy fhat security of p~r5On and property which has hitherto becim their l)rivilege. All persons who have heretofore been led away to take up arms against the United States are notified that by returning and laying down their arms at the nearest military post and by performing their duty hereafter as peaceful and law-abiding citizens they will not be molested by the military forces, nor so far as the general commanding can influence the matter will they be subjected to l)nnishllieLit unless they have committed murder or some other aggravated offense. By order of Brigadier-General Pope: SPEED BUTLER, Acting Assistant Adjutant- General. ORDERS, ~ HEADQUARTERS DISTRICT OF NORTH MISSOURI, No.3. Mexico, August 2, 1861. In accordance with Special [General] Orders, No. 3, of July 31, 1861, the following movements of troops will immediately be made: Brigadier-General Hurlbut with such force as he may consider neces- sary upon New London, Palmyra, Shelbyville, Bloomington, Linneus, Chillicothe, Gallatin, Kingston, Maysville, Plattsburg and Saint Joseph. Col. T. A. Marshall with two companies of cavalry and one piece of artillery upon Paris; Captain MeNulta with one company of cavalry upon Bowling Green and Danville, and Captain Peck, Twenty-first Illi- nois Volunteers, upon Troy and Warrenton; the commanding officer of the Fourteenth Illinois Volunteers with the four companies of his regiment at Itenick upon Huntsville and Fayette, first removing regi- mental baggage and stores to Ilenick where the regiment will be con- centrated at the expiration of this special service. The commanding officers respectively will carefully examine the instructions contained in Special [General] Orders, No. 3, herewith inclosed, which they will distribute at the various settlememits along the march. They will assemble at each county seat here specified the most respectable citizens of the town and neighborhood and will read and carefully explain to them the provisions and requirements of the spe- cial [general] order. They will then select fi-om the number at least five of the most responsible persons taken from all political parties and appoint them a committee of public safety charged with preserving peace in their respective counties Page 197 EARLY EVENTS IN MISSOURI, ETC. 197 When it can be done consistently with the special [general I order the existent county officers or such number of them as may be judicious will be placed upon these committees. The names of the members of the committee thus selected will be announced to the peol)le by the commanding officers both at the court-house and on the return march to this 1)lace. All citizens will be warned that the troops stand ready to enforce promptly and vigorously every provision of Special General] Orders, No. 3, amid will be exerted for their safety and good name and for the peace of their counties, to preserve quiet among themselves. * * * * * * * [SPEED BUTLER,] Acting Assistant A dj~ taut- General. HEADQUARTERS I)LSTRICT OF NORTH MISSOURI, Col. D. STEVENSON, Mexico, August 2, iSGi. Commanding in Jefferson City. COLONEL: I inclose herewith a number of printe(1 copies of General Orders, No. 3, from these headquarters. You are instructed to move with 2uch force as you (leem necessary to the county seats of the counties adjacemit to you and to appoint the comnmittees of public safety specified in the primited order, distributing that order as extensively as possible and notifying the people that its provisions will be strictly and vigorously eiitbrced. In selectimig members of the committees you appoint be careful to take men of substance and respectability, preferring those of secession pi-oclivities. I desire it to be made known that the safety of person and property in all that region of country will depemid upomi the preser- vatioii of peace and order and that the best and only protection to fam- ily and property will be the presence of every man at home engaged in his usual pursuits. Upon the secessionists as well as the Union men must devolve the duty of maintaining the peace in all sections of North Missouri under my government, and they must understand that how- ever they may escape responsibility by flight their property will always be at hand and will be dealt with according to the terms of the special [general] order. Report to me the names, places of residence & c., of all you appoint on these committees and your whole action in the matter. Respectfully, sir, your obedient servaimt, JNO. POPE, Brigadier- General, Corn ma uding. HEADQUARTERS DISTRICT OF NORTH MISSOURI, Mexico, August 2, 1861. COMMANDING OFFICER IowA FORCES, Keol~uk, Iowa. SIR: Inclosed are instructions for your movement with your com- niand upon Memphis, Waterloo, Monticello and Edina. * * * In selecting members for the committee of public safety you are directed to appoint be sure to put upon it at least two or better still three of the most worthy and prominent secessionists. It is the service of th Page 198 198 PRISONERS OF WAR, ETC. secessionists I specially require and I desire that you will give them 1)lainly to understand that unless peace is preserved their property will be immediately levied upon and their contribution collected at once in any kind of property at hand. When once the secessioriists are made to understand that upon peace in their midst depends the safety of their families an(l prol)erty we shall soon have quiet again in North Missouri. Take care that your men are orderly and commit flO excesses. Respectfully, sir, your obedient servant, JNO. POPE Brigadier- General, Commanding. [Inclosure.] HEADQUARTERS I)ISTRICT OF NORTH MISSOURI, Mexico, August 2, 1861. Colonel WORTHINGTON, Commanding Iowa Troops, Keokuk. SIR: Immediately upon receipt of this order you will direct Colonel Bussey with his cavalry to march forthwith to Memphis, in Scotland County, and having discharged the duty hereafter specified in this order to effect a junction at Edina with the remainder of the forces under your command. You will please put one of your infantry regi- ments on march for Edina by the way of Waterloo and with the other regiment under your immediate command you will take boat for Cami- ton and proceed to Edina by way of Monticello. When you have effected a junction there with your other forces report to me your oper- ations and all matters of interest. Buy provisions for your troops whenever you need them and give orders for payment on the chief commissary at these headquarters. You will disperse all bands of armed secessionists and if any are cal)tnred in arms send them direct to this place for trial. I send you a l)rillted uotice* to be distributed along the routes pursued by your respective columns and direct the commanding officer to appoint com- niittees specified in the printed order, selecting for that purpose the most wealthy and prominent men in the county preferring mostly f lie secessionists. The printed orders and accompanyiiig letter will inform you fully of the system I intend to adopt in Northeast Missouri. I wish to give the secessionists such inducements as loss of property and danger to families to aid Uniomi men in keeping the l)eace. Notify all the population that the forces stand prepare(l to enforce this l)rinted notice fully and vigorously amid commence it with your forces as soon as you think it desirable. Act promptly and vigorously and I think peace will result to all parts of North Missouri. Respectfully, your obedient servant, JNO. POPE, Brigadier- General, Comm an(ling North Missouri. NOTE.The same instructions given to the commanding officer of the Iowa forces were furnished Col. T. A. Marshall for his movement upon Paris; Captain Peck, Twenty-first Illinois Volunteers for move- ment with his company upon Troy and Warrenton; Captain MeNulta for movement with one company of cavalry upon Bowrling Green an(I Danville, and to the commanding officer of Fourteenth Regiment Illi- nois Volunteers for movement with four companies upon Huntsville and Fayette. * See Notice of July 21, p. 189 Page 199 EARLY EVENTS IN MISSOURI, ETC. 199 hEADQUARTERS DISTRICT OF NORTH MIssouRI, illexico, August 3, 1861. J. II. STURGEON, Esq., Saint Louis lb l)EAR SIR: Your letter of the 1st instant is before me.* I will with ~ieat satisfaction reply to your inquiries as well from l)ersonal regard br yourself as that it gives me the opportunity to explain clearly what few persons in your city seem to comprehend. W lieu I arrived in North Missouri to assume the command I found the whole country in commotion, bridges and railroad tracks destroyed or in great (laliger of being so, and the entire populatioti in a state of excitement and apI)rehension unwarranted by the facts. My first object has been to restore quiet and secure the safety of public and private L)ropeLtY. The only persons in arms so far as I could learn were a few reckless and violent men in parties of twenty or thirty who were wait- deming about committing depredations upon all whose sentiments were displeasing and keeping this whole region in apprehension and uneasi- ness. I found that those who had been quiet had been no more; had taken no l)art to l)revent the outrages committed by these lawless bands, and had not even been willing to give information by which they could be apprehended or prevented from engaging iii hostile and lawless acts against the peace of the country. So soon as these marauders found that troops were approaching, which they easily did from the very persons who ask for protection, they dispersed, each man going to his home and in many cases that home in the very town occupied by the troops. Parties of these men would leave their houses amid families in the immediate vicinity and engage in forays upon Union men and their property in the imunmediate neighborhood being sure that those even most opposed to their lawless conduct would carefully shield them from exposure. The mass of the l)eol)le stood quietly looking on at a few men in their midst committing all sorts of atrocious acts and neither attempted to prevent them nor to give any information by which they could have been prevented amid puni shed. This was the actual state of things in a large part of the eastern counties of Northern Missouri. When troops were sent out against these marauders they found only men quietly working in the field or sitting in their offices who as soomi as the backs of the Federal soldiers were turned were anain iii arms and menacing the peace. To such aim extent had this gone that there was no safety of persons or property in North Missouri except to the secessiommists and the Union men were too timid or too much in the minority to offer the least resistaimee. My first object was to restore peace and safety so that the forces under my com- inand could be removed from tIme vicinity of the settlememits, and to do this with the least bloodshed, the least distress to quiet persons and the least exasperation of feeling aumong the l)eople. Two courses were open to me to effect this desirable result: The first was to put in motioim in all parts of this regioim small bodies of troops to hunt out the l)arties in arms against the peace and follow theum to their homes or places of retreat wherever they might be. This course would have led to frequent amid bloody encounters, to searching of houses and arrest in many cases of innocent persons, and would only have resulted iii spreading the al)prehension of distress over districts hitherto quiet. I was and am satisfied that the people of the counties in North Missouri are abundantly able to keep peace among themselves * Not found Page 200 200 PRISONERS OF WAR, ETC. and this is all 1 ask to exact from them. It is certainly their interest that they should do so. To spare efftision of blood, destraction of life or pro~)erty and harassing and ofttimes undiscriminating outrage upon the pcople I have determined to present to the people if possible some comnion inducement to preserve the peace in their own midst. The common bond is their property, always in my power though the owner might be beyond my reach. I believed as I (10 now that as soon as it was felt that only by preserving peace and quiet among tliemsclves and not molesting public or private property there wotild result secur- ity of person and property and the power to pursue unmolested their several avocations. Ummion mnemi amid secessioimists would alike emmgage in ~)utting a. stop to lawless and predatory bands, and that the persomis themselves who had joined these armed marauders would soon cease their forays and abandon their organizations when they discovered that they had no sympathizers at home and that every act that thcy coma- mitted hostile to the peace of the coumitry was a blow not oiily at their own I)roJ)erty and safety but also at that of their own friends and rcl- atives. Certainly loss of property is not to be weighed for a momiient with loss of life or l)ersollal liberty, amid as I believe firmuly that the policy I have adopted will bring peace aiid quiet to North Missouri with the least destruction of huinami life I intend to enforce it I)ronlptly and vigorously in all cases. Security of property amid the absence of the military depend simply upon time people of North Missouri keeping the peace among themselves as in times past, and if they fail to do so they will be less wise thami most of their race. I have not the slightest disposition to play the tyrant to any imman on earth. I only ask the people of North Missourm 0 keep the peace and respect the rights of others in their own midst amid this I mean to exact front thieni if I have the power. If timey will only (10 this, as they have done in times past and can easily do miow they will neither see me nor my command. I sincerely hope that these views may be satistactory to you, amid remain, Very truly, yours, & c., JNO. POPE. HEADQUARTERS l)L8TRICT 01 INORTII MISSOURi, Mexico A Capt. J. C. KELTON. llYUst 1, 1861. CAPTAIN: I have the honor to report for the informuation of the gemi- eral comnumamiding the departament that by a simultaneous movement I shall to-mmight or to-morrow muornimig occupy in force the county seats of the nineteen coumities lying east of the North Missouri Raihroad amid its proposed comitinuation north to the Iowa line. Time thmee Iowa regi- miments have been instructed to move as follows: Thie cavalry regiment to Memphis, the county seat of Scotlamid Coumity, amid thmemice to Edina, the coanty seat of Knox, near which it is reported tlmat a camp of 2,500 secessiommists has been established; oime infantry regiment to mnarch ilpomi Edina direct from Keokuk, the other to come down to Camiton amid themmce to march upomi Edina by way of Monticello. These three regiments will effect a ,junction- to-imight or to-morrow morning at that l)Oimmt. Brigadier-General Unrlbut is instructed to occupy Palmyra, Slielbyville amid Bloomnington, the county seats of Marion, Shelby aimd Macon. He has probably done so to-day. Colonel Marshall with 500 infantry, 100 cavalry and 2 pieces of horse artillery moved from thi Page 201 EARLY EVENTS IN MISSOURI, ETC. 201 I)lace day before yesterday with the design of occupying Paris, the county seat of Monroe, and thence upon New London and hannibal; Captain McNulta with 100 cavalry upon Bowling Green, the county seat of Pike County, from Montgomery City, on the line of North Mis- souri road. Captain 1~eck, Twenty-first Illinois Volunteers with 300 infantry front Warrenton on this road niarched yesterday and occu- pies to-day Troy, the county seat of Lincoln. Five coinpatues of intViutry under Major Goddard occupy Fulton, the county seat of Cal- laway County. Lieutenant-Colonel John son with 400 men occupies 1-luntsville, seat of Randolph County, to-day. Macoit City, the juac- tion of Hannibal an(l Saint Joe roa(l, is held by five companies of Six- teentli Illinois Volunteers, and Sturgeon on line of North Missouri road by four companies of the Fourteenth. If these movements have been itiade promptly and vigorously by to-morrow morning the forces will occupy all those poiiits, and as ito place of retreat for armed parties of secessionists will be left in all that region without the certainty of encountering some poition of the U. S. forccs it is ex})ected that they will either l)e taken or (lisl)erse(I. Tue object of these movements was as much to put in operation the policy marked out iii Special ~Gencral] Orders, No. 3, from these head- quarters, copies of which are inclosed, as with an expectation of findimig any collsideral)le force in arms against the United States. I inclose also copy of instructions issued to officers in comaniand of these various columns as also copy of a letter addressed to tJ. II. Sturgeon, IEsq.* These various I)aPeLS will explain fully the policy I am pu~~rnng and the reasons therefor. In a(lditiOlt to the reasons titus assigne(l I have to say that by pursuing the system of hunting out these guerrilla par- ties tIme whole force under my commall(I will be as munch demoralized amm(l as little fitted for active service in campaign as the marauding parties themselves. I am conipelled to pursue sonic policy however harsh which will enable inc to assemble my forces in a camp of instrue- tioii that I may establish that discipline, aiid habit of service essential to ammy efficiency in the field hereafter. Raw troops such as these glow worse evet-y day by this systeiti of sniall detachments scattered over the country on l)olice duty, and if it be l)ursued for two months I shall have a mimob and not an army to command. 1 have selected a point near i3rookfield, on the Ilammnibal amid Saint Joe Railroad, for a camup for all the forces under iiiy comiititaii(l. Water is abundamit and good aitd the ground fume tolling prairie with timaber at liammd on both sides. I shall move to that point as 50011 as the quar- terniaster itt Saint Louis cait send forward transportation. It is my design in moving to that point to occupy in succession Columbia, Fay- ette, Glasgow and Keytesville. I ant, captain, respectfully, your obedient servant, JNO. POPE, Brigadier- Gencral, Comm an ding in North ]llissouri. linQus. MILITARY DISTRiCT OF NORTH Missouni, Mexico, August 5, 1861. Major-General FR1~MONT, U. S. Army, Commanding Department of the West, & uint Louis. GENERAL: I send down Colonel Grant, of time Twenty-first illinois Volummteers, to inform you more fully tItan can be done by letter of the ~See pp. l9G19~J, respectively, for these inclosures Page 202 202 PRISONERS OF WAR, ETC. policy I am pursuing here and its effects upon the l)eople. He can also give full information concerring all matters of interest in this region. He bears with him dispatches to the Adjutant-General of which 1 beg your careful perusal. Colonel Grant is au 01(1 army officer, thoroughly a gentleman, and an officer of intelligence and discretion. I received a dispatch from Chester Hardiug, jr., assistant adjutant-general, this morning dated Cairo, August 3. It is in cipher and I have not the key. I have directed Colonel Grant to ask it from you and to return at once by special engine. The publication in the Iieinocrat of orders issned from these headquarters for the movement of troops was wholly unauthorized and was made through the indiscretion of the officers to whom they were issued and who will be held accountable. I thimik you need entertain no apprehension about the peace of North Missouri. You will doubtless hear niany rumors more or less substantiated by seemingly good testimony, but from examination of many such I have found that there is little depemidence to be placed on theni. The arms of this command are old and worthless. About omie-third of each coin- pany are without arms which can be used at all. The cavalry are wholly without arms of any kind except a few old flint-lock single- barreled pistols altered to percussion. Can you not have us furnished with approved arms? Very respectfully, your obedient servant, JNO. POPE, Brigadier. General. HEADQUARTERS DISTRICT OF NORTH MISSOURI, Saint Louis, Augast ~5, 1861. Capt. J. C. KELTON, Assistant Adjutant- General, Saint Louis. CAPTAIN: I have the honor to report that I transmitted to General Hurlbut this morning a dispatch directing him to ascertain who did the firing on the passenger train yesterday near Palmyra, to shoot any man he caught who was engaged in it and to move at once with at least iiOO men to the district in which this marauding party was organized and occupy it as directed in Special [General] Order, No. 3, * from these headquarters. I have instructed him to billet his command upon the population and to require from them subsistence and tramispoitatiomi until all was quiet again. I am, sir, respectfully, your obedient servamit, JNO. POPE, Brigadier- General, Commanding. SAINT Louis, August 8, 1861. General S. A. HURLBUT: It the train was fired into investigate it ilume(liately. Fimid what section [the] party which fired caine from and immediately ocetipy it with Illinois or Iowa reglinents, quartering the mcii in houses and de- nianding subsistence, & c., for them in compliance with Special [Gen- eral] Orders, No. 3. It is to enforce this order proniptly amid rigorously that I wish to keep your force concentrated. As soon as you can Order of July 31, 1861, p. 195 Page 203 EARLY EVENTS IN MISSOURI, ETC. 203 ascertain from what county those who fired came from march instantly with a whole regiment to occupy it. Shoot any who were concerned in the firing. My headquarters will be here. Keep me advised by tele- graph every day. JNO. POPE, Brigadier- General, Cornmandinq. HEADQUARTERS DISTRICT OF NORTH MISSOURI, Saint Louis, August 9, 1861. COMMANDING OFFICER, Boonville, Mo. Sin: I transmit herewith Special [General] Orders, No. 3,* from these headquarters, which is to be made applicable to Lexington, Boonville, Kansas City and the towns and counties along the river. You will dierefore distribute this order at once among the people of Boonville and the adjacent counties and appoint a committee of public safety in Boonville to consist of five of the most wealthy and prominent men takimig at least three secessionists. You will read and carefully explain to them the provisions of the special order and accept no excuses from serving from anyone appointed a member of the committee. Report their names to these headquarters immediately and notify all persons in Boonville of their names and their appointment. Have a number of copies printed of the special order for distribution and impress dis- tinctly upon the people that any disturbance of the peace or any assembling of armed forces hostile to the Government will be promptly followed by the occupation of the houses of the people by strong bodies of U. S. troops, who will be fed and transported by them for the whole period necessary to restore peace and to insure its being kept. I wish ~rnd intend not only to enlist the interests of the secessionists to pre- serve the peace in their own midst but I am resolved that for every breach of it they shall suffer a pretty severe penalty. I am satisfied that peace can be kept if the people will interest themselves in keeping it, and I have therefore furnished them with a very strong induce- ment to do so. Report to me at once when you have completed these arrangements furnishing all needed information. Respectfully, sir, your obedient servant [JNO. POPE,] Brigadier- General, Commanding in North Missouri. SAINT Louis, Mo., August .9, 1861. General S. A. HURLEUT: l)ont fail to act promptly and vigorously according to orders. Go to the county where the marauders fired on the train. Force the peo- ple under penalty to tell where those men caine from. If you cannot find out occupy with your forces the district and county seat and county in which the firing was done. Dommt fail in severity or in strict compliance with orders or upon yourself will rest a serious responsibility. JNO. POPE, Brigadier- General, Commanding. * Order of July 31, 1861. p. 195 Page 204 204 PRISONERS OF WAR, ETC. SAINT Louis, An gust 10, iSGi. Maj. Gen. J. C. FR~MONT, Saint Louis. DEAR SIR: At the present time the counties of Monroe, Rails, Marion awl Shelby are infested by bands of arnied iiien eiicaniped in difterent plaees and frequently changing their place of eiicampnieiit. It is believed that at the present time a large ninjority of the people of Monroe and Rails Counties favor secession. In Marion and Shelby the majority is not so large. I think the nhllnl)er in camp in these counties must be between 1,000 and ~ 000 a ~, , 11(1 511(11 is the comnulnica- tiou kept up between them that if they (lesire(l to concentrate a force at any point I have no doubt they could bring out over 2,000 at short notice including those who are usually at home at their work. In addition to the rifles and shotguns of the country they have some muskets with bayonets; these are said to be about 400 in number. They also have two cannon, 6 and 9 pounders, lna(le at Hannibal. It is said they have others taken from the Liberty Arsenal. I think they have others. These men are exceedingly bitter in their feelings of hostility and have been led on until many of them are fit for any deed. Usually they are ignorant; they are fed on fidsehood aiid are encouraged in their course in the strong belief that Jackson is 80011 to reinstate him- self as governor of the State. To this the (lefeat a.t Manassas alI(l the invasion of the State from the Southaided by false statements, such as that I3irds Point has been taken and that Lyon and Sigel have been cut tipgives great encouragement. It must be confessed that there have been many aggravating causes to produce this state of things. You already know the many depreda- tions committed by the soldiery. Perhaps this has not been the worst. Frightful stories as to what the soldiers would (10 if they caNle into the State 1)rece(led thienii ~n their approach to a J)hace. Many were ready to run from fright. It occurred to my knowledge in a goo(l many cases where men thus ran and did not obey the order to halt, which very likely they did not understand if they heard; they were fired ul)on not single shots but volleysin the presence but without the command of officers. Whether any were killed in this way I do not know. lt has beeii reported to me that soldiers have repeatedly fired from trains at quiet, peaceable citizens. I believe this though I have not seen it. Very many have been arrested without any cause except that they were reported secessionists; and not only this but indignities have been put upon them such as requiring them to mark time, dig ditches and sink-holes for filth. The present week Mr. McAfee, speaker of the last house of representatives, was arreste(l and required by Gen- eral Huribut to dig trenches in the hot sun as I was told all day. Huribut himself told me lie set him at it. McAfee is no (lOubt a very bad and dangerous mnan; still it was admitted that it was very doubtful if any charge could be maintained against him. If lie is miow let go for want of cause to hold him 1 fear lie will be able to (10 us much more hurt than heretofore. Now, sir, when these facts which are bad enough are greatly exag- gerated by crafty mimeim they have led muany especially young mcmi into a bad cause from really noble aml(l generous imul)lllses. When ommee they are in and have committed the overt act it is hard to get them out. These thiiigs have tended greatly to weaken the Umiion cause and in the State where I am acquainted there are far less Union miien than two months since Page 205 EARLY EVENTS IN MISSOURI, ETC. 205 Many timid Union men who have seen secessionists grow more numerous, bold and threatening have thought they would succeed. Many such who can have left the State or are intending to leave it, while perhaps a larger itumber think it is of no nse to struggle against it and bow to the storm. I have dwelt at length on the coiiditiou of things and the causes that you may know better how to adapt the remedy. Complaint is made by officers that they cannot get information. It is well known that the wrath of an unscrupulous foe falls on the head otan informer, and there never has been and is not to-day any adequate protection for such men. Few are bold enough to take the position. You no doubt desire to retain all your present friends if possible and strenghthen their hands while you weaken the enemy, and give them the least possible just occasion to complain. I think if an arrange- ment could be lna(le to pay for the destruction and loss wantonly and unlawfully done by the soldiery it would go far to place the Govern- ment right before the public mind. The Government is now indus- triously made responsible for these abuses. Then if persons should be exempt from arrest for their opinions for the same reason should not their property be protected also? Yet it is the published purpose of General Pope to hold communities responsible for acts of violence cout- mitted among them. This might do in a foreign country but I do not think it can be done here without alienating friends and making the feeling still more bitter on the part of the enemies. The present plan of ap~)ointing leading secessionists to look after and protect the railroads works in this way: They are authorized to call out who and as many as they please at all times. They use this to order out the Union men to their great annoyance, intending no doubt if they fail fully to respond to report them and as far as possible have them held responsible for any damage. It is already creating great dissatisfaction. The princi- ple of holding peaceable, quiet men responsible in a military contribu- tion for damages done by lawless and violent men is one which can never meet with favor in the popular mind. It is said these roving bands cannot be reached but well-informed men in the country think differently. A suitable mounted force would be required and it can be done. At least their cannon can be taken aiid they are a tower of strength to them in their moral effect on the community. You may consider much that I have written impertinent. I can only say I have not so intended it. 1 have felt that in the multitude of your cares there were many facts of which you were not aware. The work to be done in Missouri I consider far more delicate and difficult to do well than if it were a State in open hostility to the Government. I shall call attention to a few points on our road and 1 have done: At Hannibal are all our repair shops and a large part of our engines and rolling-stock. If these were destroyed it would greatly cripple the road. The destruction of the Sonth River bridge, between Hannibal and Palmyra, would cut us off from there and produce nearly the same effect. This bridge is one-quarter of a mile long and sixty feet high. The bridges at Chariton and Grand River are important and would seriously embarrass the operations of the road if they were destroyed. No other bridge would delay trains more than a few days if destroyed. I think these bridges and Hannibal should be guarded. There are especial reasons for an attack on Hannibal. I am confident the rebels can bring a force of 2,000 men if they choose. There are only between 300 and 400 home guards to protect it. If attacked we are determine Page 206 206 PRISONERS OF WAR, ETC. to whip the enemy, but it is not prudent as it is the key to the whole route and it must be the only reliable route for communication and transportation to all the country west from now until next spring. Begging pardon for this trespass on your time, I am, very respect- fully, your obedient servant, J. T. K. HAYWARD. HEADQUARTERS DISTRICT OF NORTH MIssouRI, Saint LOUiS, August 10, 1861. Brigadier-General HURLBUT: The commanding general has learned with surprise from the public journals of the arrest and confinement at your headquarters of Speaker McAfee, of the late house of representatives of Missouri. He directs that you report immediately all circumstances connected with this case and your reasons for not having reported the fact to him. Respectfully, sir, your obedient servant, [SPEED BUTLER,] Acting Assistant Adjutant- General. SUPERINTENDENTS OFFICE, HANNIBAL AND SAINT JOSEPH RAILROAD COMPANY, Hannibal, Mo., August 12, 1861. General J. C. FR~MONT, Saint Louis. IDEAR SIR: On Saturday General Huribut removed McAfee (late speaker of the house of representatives) from Macon to Palmyra. He gave orders to have him tied to the top of the cab on the engine but was dissuaded from it by our men. Such outrages will make more enemies than thousands of men can quell. Respectfully, J. T. K. HAYWARD. PALMYRA, August 12, 1861. Col. R. F. SMITH, Sixteenth Regiment illinois. SIR: Your command has been ordered here to punish the people of Marion County for their connivance in the various outrages committed within their limits. You have been instructed to enforce contributions if not made by 9 a. m. to-day. This has been neglected. I now expressly and in plain terms order you if provisions are not delivered to your command by 5 p. m. to detach sufficient force from each com- pany and take such supplies or their equivalent by force, giving to the persons from whom your men may take receipts against the county of Marion. If any further difficulty occurs in rendering provisions and supplies for your command you will daily repeat this compulsory levy. The object is to compel this people to ferret out, seize and deliver to this command the men who have fired on the trains, who have com- mitted outrages on the bridge-tenders and other peaceable citizens. If supplies are regularly furnished you will remain encamped where you are; if not occupy the houses of the most prominent citizens wit Page 207 EARLY EVENTS IN MISSOURI, ETC. 207 your force and live at free quarters. You will be held strictly responsi- ble for the literal and exact fulfillment of this order. Any hiilure will subject you to arrest. S. A. HUELBUT Brigadier- General, U. S. Army. HEADQUARTERS DISTRICT OF NORTH MISSOURI, ASaint Louis, August 13, 1861. Brigadier-General HURLEUT, Hudson, Mo. SIR: Please forward to these headquarters the names of all persons al)I)oiflted members of safety committees* which you have in your pos- session. By order of General Pope: SPEED BUTLER,] Acting Assistant Adjutant- General. BRIGADE HEADQUARTERS, Hudson City, August 13, 1861. General JOHN POPE, U. S. Army, Commanding in North Missouri. GENERAL: I have this day received your communication of 10th instant in relation to John McAfee. In reply I have the honor to report that John McAfee is held by me for the following reasons: He was arrested not by my direct order but by a party dispatched from this camp to break up a band said to be timeit encamped two miles east of Shelbyville. Jn this the party failed, the camp lmavin~- been removed a few hours before their arrival. They returned through Shelbyville and there captured the prisoner McAfee. The party was guided and accompanied by W. It. Strachan, U. S. deputy marshal. Strachan desired McAfee detained until he could take himmi to Saint Louis. He has been so detained and now remains in custody at Palmyra waiting the call of the deputy marshal. I am personally satisfied that McAfee is a dangerous and sllbtle enemy; that he commits no act himself but encourages and advises others. I inclose herewith a copy of the lettert to me from J. F. Benjamin, of Shelbyville, admitted by everyone to be a cautious and truthful man. I have offered Mr. McAfee his liberty if he would give his pledge not to resist by force the Gamble Govern- ment. He refused so to do in presence of Mr. Dryden and others of Palmyra. If a man with his antecedents, (lehivered to a military officer by the U. S. marshal charged with urging the seizure of the arsenal and with furnishing aid to rebels at present in arms and refusing to pledge himself not to resist the government established by the conven- tion by force deserves any special consideration from the fact of hay- ing been speaker of the house of representatives which forced the State into present difficulties by outrageous legislation I have not 50 con- sidered it. I hold that his position requires more of him than was required of those of less information and have so treated him. I was not aware that it was required of me to report to the general command- ing every arrest made or should have done so. If U. S. commissioners * No reports found giving the iiaines of these committees for aimy of the localities designated in the original instructions. Not found Page 208 208 PRISONERS OF WAR, ETC. had yet been qualified in this region I should have delivered him to that authority. He is now held by the U. S. marshal at I~almyra or subject to such order as I may receive from the general commanding. Very respectfully, your obed iei it servant, S. A. JIURLI3UT, Briqadi er- General U. 8. ilr my. SPECIAL ORDER.] I~ALMYR,A, Angnst 13, 1~%1. The general commanding the line of the Ilaniiibal aiid Saint Joseph Railroad hereby gives notice to all citizens of Missouri Who have actu- ally taken up arms under orders from the late Governor Jackson, or who have under like orders iii any way participated in the late move- ments, that iu conformity with the l)roclalllatiou of Governor Gamble an(l the orders of the Secretary of War all who voluntarily lay down their arms if they have beeu in actual service or coimie in anol take the oath of allegiance to the government created by the late convention shall not be arrested by military authority or iii any other way treated differently from other peaceable citizens. Those who have resided iu Marion County can take the oath of allegiance subscribed by them before Mr. iDryden, of Palmyra, or such person as lie may a~)poi1It. All such persons will be furnished with a certificate from the commissioner which shah be held as a safeguard, unless they are found afterward guilty of criminal acts. All officers and soldiers under my command who disobey these orders or violate such safeguards will be l)roml)tl~T atid severely punished to the extent of military law. No persons except those who have been actually engaged in firing upon the traiios will be arrested iii any case except upon the order of Colonel Smith, commanding Sixteenth Illinois, in charge of Marion County. S. A. ITIJULBUT, Brif/adier- General, U. 8. Army. llEAn~uAA~TERs l-~1M(~ADE U. S. RESERVE CORPS, Naint Lou is, A nyast 13, .1~G1. Captain TRACY, Commander of the Post, Saint Louis Arsenal. SIn: I herewith send Dr. II. Cald well, a prisoner taken iii Lewis County, Mo., near La Grange. The prisoner was one of the most active enemies of the Government in Northeast Missouri. 1-Ic commanded thoe~emmemys artillery at the battle near Athens on the Jnly. He has with his company arrested a number of Union men and particularly Lieut. Joseph li. Rickey, of the Eleventh Missonri Regimnemit, whoni I believe they now hold. He has been an active armed enemy froni the beoinnino He marched at the head of the rebel forces on Ediun, driving the Uniomi men away and pillaging amid (lestroyilmg their l)l~op- erty. He with his company visited Palmnyra for the purpose of attack- ing the U. S. forces there but did not do so. lie is one of the leaders of the enemy in all our troubles in that section of the State. Very respectfully, JOHN MCNEIL, Col. Third Regiment, U. AS1. Reserve Corps, (Iomdg. (ft Saint Loais. The prisoner was arrested by Capt. Chiarlton Ii. Howe and delivered to me this day by him Page 209 EARLY EVENTS IN MISSOURI, ETC. 209 HEADQITARTER8 DISTRICT O1~ NORTH MISSOURI, Saint Louis, August 11, 1861. Brigadier-General HURLEUT. SIR: The arrest of Speaker McAfee has been approved by the gen- eral commanding and unless lie not only pledges himself to keep the peace but will use all his influence in so doing iii his immediate Viclit. ity of country you will forward him to this l)Iace. By order of General Pope: SPEED BITTLER,I A etin.q Assistant Adjutant-General. HEADQUARTERS I )isT I? ICT OF NORTh Missouni, & tjnt Louis, August 11, 1861. Brigadier-General HURLEUT. SIR: In cousequeuce of solemn pledges from a deputation of respect- able citizens of Palmnyra that peace will hereafter be kept iii Marion County you are authorized to suspend the enforced contributioti of supplies, & c., levied upon that town and county. You will, however, keep the force now there a.t some point in the neighborhood carefully avoiding any outrages or excesses. Keep the troops in camp an(1 pun- ish any violation of the regulations in that respect. Ejeutenant-Col- oliel Williams has left without your authority. Write him a severe letter on the subject or l)ut charges against him. I wish the order l)llblishled to your command forbidding any officer or soldier from leaving this district without leave of absence from these headquarters. No passes will hereafter be given on any railroad or steam-boat except to persons traveling on important public business. By order of General Pope: SPEED BUTLER,I Acting A s5i5taitt it(ljll taut- (jen cral. HEADQUARTERS DISTRICT OF NORTH MIssouRi, Saint Louis, August 15, 1861. Brig. Gen. S. A. RURLEUT. SIR: I am instructed by the general commanding to acknowledge the receipt of your letter* of the 14th instant inclosing notice and to inform you that orders covering the entire ground were sent to you by yes- terdays mail. If you think it necessary to adopt the same course in Shelby that has been pursued in Palmnyra and Marion County you will do so and you will exercise your own discretion as to the length of time the troops will be kept there. The geiieral comumamiding wishes the requirements of Special [General] Orders, No. 3, enforced in all cases. Very respectfully, your obedient servant, [C. A. MORGAN, I A i(l (3-(h- (lamp. Not found. 14 R RSER II, VOL Page 210 210 PRISONERS OF WAR, ETC. SAINT LouIs, Auqust 15, 1861. General S. A. IIuRLBuT: Relieve Marion County and. Pahnyra from further J)uhIislImeIIt. Re- lease McAfee. I have explained to you by mail. .JNO. POPE, Briqad icr- (len era 1, Commanding. SAINT Louis, August 15, 1861. General S. A. HURLBUT: Do as you please about the camp. Keep at Brookfield if you think best. Report your decisiomi. Release McAfee for reasons which will be given by letter.* JNO. POPE, Brigadwr- General. PROCLAMATION. HEADQUARTERS, Saint Generieve, Mo., August 15, 1861. To THE CITIZENS OF THE CITY OF SAINT GENEVIEVE: On my arrival at this place I found such a disposition on the part of parties who sympathize with the rebel forces as to seriously alarm the Union men for the safety of their lives and property. 1 deem it my duty to warn all persons who may in any way be connected with such forces that they will be held individually resl)onsible both ill their per- sons and property for any outrage which may be committed on Union ineum here. When reliably informed of such I will not hesitate to return at once to this city and retaliate in time itiost summary manner. It will be no excuse that they did miot assist the rebels. They niust prevent any outrages on Union men or take the consequences. JOhN MoDONALI), Major, Commanding Forces at this Post. HEADQUARTERS l)IsTRIcT OF NORTH MISSOURI, Saint Louis, A ugust 17, 1861. Capt. JOHN C. I(ELTON, Assistant Adjutant- General. CAPTAIN: In compliance with directions from the general command- ing the department I have the honor to submit the following brief remarks concerning the condition of the district under my command: In consequence of the firing on the trains of the Hannibal and Saint Joseph road General Hurlbut with 600 memi amid two l)ieces of artil- lery has been occupying Marion County for the past ten (lays and enforcing the provisions of General Orders, No. 3,t from these head- quarters, which requires the imuhabitants to furnish quarters, subsistence and transportation in case of difficulties of the kind. The effect has been complete, and in compliance with solemn pledges omi the part of ~ No letter found giving reasons for release of McAfee. Order of July 31, 1861, p. 195 Page 211 EARLY EVENTS IN MISSOURI, ETC. 211 the citizens presented by a delegation sent to me they were yesterday relieved from the penalty. The force under Martin Green has been driven into the northern part of Adaii County. Colonels Moore and Bussey from the east and 550 men and two pieces of artillery from the south are moving npon him and will probably unite to-day in the immediate vicinity of his camp. No doubt his forces will disperse as has been usual. No surprises are I)ossible in a country where all the inhabitants are willing to xvarmm if not to assist such parties. With these exceptions all is quiet in North Missouri as reported to me by the committees of public safety appointed in conformity to General Orders, No. 3. That order seems to have united all responsible persons who have anything to lose in efforts to preserve the peace and they have organized for that purpose. if any skirmishing is done it will be done by the people themselves who are abundantly able to protect them- selves amid who have a motive to do so which they had imot before. Of course they wish troops sent to do this service as it will save them the necessity of personal exertion, but I think it best that they should do the work themselves where it can be done. Both rAroads are undisturbed since the penalty inflicted in Marion County. Of course there is much excitement amid uneasiness among the peol)le since the affair at Springfield but I think from the best information I can get that it will result in no disturbance of moment. * * * * * * * I am, captain, respectfully, your obediemit servant, JNO. POPE, Brigadier. General, Commanding. HEADQUARTERS DIsTRICT OF NORTH MIssouRI, AS~aint Louis, August 17, 1861. Capt. J. C. KELTON, Assist~nt Adjutant- General. CAPTAIN: I have this moment received telegraphic dispatch from General llurlbut stating that the train carrying the force which has been quartered upon the county of Marion to Hudson City was fired upon as it left Palumyra and again at ilunnewell, the western edge of the same county. One man of the Sixteenth Illinois Volunteers was killed and another wounded. The train was Imalted and the rebels dis- persed with loss of five of their number killed. This county of Marion has been the principal seat of the disturbances in North Missouri, and it is my purpose immediately to inflict such punishment as will be remembered. I am, captain, your obedient servant, JNO. POPE, Brigadier- General, Commanding. HEADQUARTERS DISTRICT OF NORTH MISSOURI, $aint Louis, August 17, 1861. Gemieral HURLBUT. GENERAL: Your telegraphic dispatch* of this date in relation to the flrimmg upon the train which brought the Sixteenth Illinois Regiment Not found Page 212 212 PRISONERS QF WAR, ETC. from Palmyra has been received. It is clear that strong measures must be taken with Palmyra, Marion County and possibly with Shelby. If the facts set forth in your dispatch be not modified in some way by your official letter you will please notify the county authorities of Marion and the town authorities of Palmyra that the persons who fired on the train from that towii and who searched the telegraph office must be given up to the military authorities. Give them six days to do it with the understanding that if not domme at the expiration of that time a levy of $10,000 on the county and $5,000 on the town will be made and collected. Of course in this levy you will spare the undoubted Union mcii. You can collect this amount in money, pro- visions or forage, or means of transportation, selecting such articles as will be most useful to the forces under your command. Under present circumstances I think you had best make your head- quarters at Palmnyra amid concentrate all your forces and supplies at that point. Colonel Morgan has authority from Gemmeral Fr~momit to raise a force of 500 men in Linn County and has made requisitions for various supplies. He as well as all the forces in that region will come under your command and you can dispose of them as in your judgment will best serve the public interest. Morgan can I)robably take care of the hue of road west of Macon City as there seems to be little trouble in that quarter. You had best get together as many home guards or other forces from the country as are needed to put down these troubles in your midst. So far as I can ascertain most of our troubles along the road come from Marion County. In the north- east Colonel Bussey was to enter Missouri some days since with 1,000 cavalry and march slowly through the counties north of you approach- ing Hudson so as to open communication with you and co-operate with you in any way you may desire. Of course all such forces will come under your command whilst in your section of country. I do not wish you to confine your special attention to any particular line but exercise supervision over all that region, acting promptly according to your judgmneimt and the ordem-s furnished you at various timiies. Report your operations often and fully that I may be exactly advised of all matters of interest. If the offenders are no.t produced notify the county and town authorities of precisely the qnantity of forage, provusmons, & c., each must fhrnish to cover the amounts of mnommey specified and inform them (histiLlctly tlmat if it be not furnished on the day you specify at Palmyra you will send out forces and seize where you can find it at least double the quamitity of everything. Give them a reasonable time in which to furnish these articles aimd if they be not furnished by the expiration of that time proceed promptly to execute the levy. If they can imiformn yon specifically and properly attested to before a magistrate where the mnarauders came from send to that place and county and have the levy mnade there. Some severe example is needed or we shall be harassed constantly by these robbers and assassins. Have the men who did the firing or searching tried by a military commission which you will order and at once execute tIme sentence of the commission upon them. I will endeavor to send you the wagons as you request. lam, general, your obedient servant, JNO. POPE, Brigadier- General, Gommanding Page 213 EARLY EVENTS IN MISSOURI, ETC. 213 HEADQUARTERS DISTRICT OF NORTH MISSOURI, & ~int Louis, August 17, 1861. Colonel WORTHINGTON, Jefferson City. COLONEL: Proceed with as little delay as practiCal)le to Lexington appointing committees at points specified. Theii return at once with your regimeiit and the artillery from Lexington to Jeff~rsoii City and occupy that l)iace. Answer. ~JNO. POPE, Brigadier- Gen crc 1. HEADQUARTERS DISTRICT OF NORTH MISSOITRI, Sduflt Louis, August lt, 1~61. Brigadier-General HURL~UT. GENERAL: The general commanding (lirects me to inform you that he has received a letter* front Mr. Hayward, of hannibal, stating that the firing into the train occurred before the citizens had time to organ- ize for the prevention of such outrages but that a meeting of the citi- zens had since been held and men sent out to see what could be done and asking that no steps should l)e taken until the result of this action of the peol)le was ascertained. The general commanding directs inc to say that if you thiiik the citizens of hannibal and Palinyra have taken hold of this matter in earitest and are likely to bi-ing the oftenders to jnstice you will give them a reasonable time to do so, but it you think they aie not moving actively or if after a reasonable delay they fail to deliver up the assassins, you will proceed to collect the levy I am, v cry respectfully, your obedient servant, [C. A. MORGAN,] Aide-dc- Camp. SPECIAL ORDER. I BRIGADE hEADQUARTERS, Hudson, Mo., August 19, 1561. To THE AUTHORITIES OF THE Cvrv OF PALMYRA AND OF MARION COUNTY: You are hereby notified and required to deliver up to the military authorities of this brigade within six days from the date of these presents the marauders who fired upon the train bound west on Hanni- bal and Saint Joseph iRailroad on the evening of the 16th instaiit and broke into telegraph office at Palmyra. If the guilty persons arc not delivered up as required and within the time herein specified the whole brigade will be moved into your coumity aiid contributions levied to the amount of $l0,00() on Marion County and $5,000 on the city of Pal myra. By order of Brig. Gen. S. A. Hnrlbut, under instructions received. from Brig. Gen. John Pope, commamling North Missouri: S. M. PRESTON, Assistant Adjutant- Geucral. HEADQUARTERS DISTRICT OF NORTH MISSOURI, Saint Louis, August 20, 1861. Colonel BUSSEY. COLONEL: The general commanding (lirects you to examine all tho prisoners held by Colonel Moore and to send under a proper guard all Not found Page 214 214 PRISONERS OF WAR, ETC. who were taken in arms against the Government or who have in any way enconraged or pretended to encourage or promote any disturbance or breach of the peace to this city and to send an officer to report their arrival to Brigadier-General Pope at his headquarters on the corner of Fourth street and Washington avenue. You will also send a clear and concise statement of the offense of each individual. You will set at liberty all against whom no charges are established. I am, colonel, respectfully, your obedient servant, IC. A. MORGAN,] Aide-dc- (iiuup. HEADQUARTERS DISTRICT OF NORTH MISSOURI, Saint Louis, August 20, 18G1. Col. CYRUS BUSSEY, Keokuk, iowa. COLONEL: I am directed by the general commanding to request yon to examine all the prisoners taken by Colonel Moore, and to scud under proper guard to the arsenal all who were taken in arms against the Government or who have been in any way concenied in the breaches of the peace or outrages, with a specification of the offense of each prisoner. You will set at liberty all against whom there is no antlien- ticated charge. I am, very respectfully, your obedient servant, [C. A. MORGAN,] A ide-de- Camp. BARNUMS HOTEL, SAINT LOLTIS, August 21, 1(%1. Maj. Gen. JOHN C. FR~TVIONT, Saint Louis. SIR: The undersigned beg leave to call your attention to the state of things touching the public peace in Northern Missouri and to invoke the intervention of your authority immediately to correct the evils upon us and to avert the still greater ills with which we are threatened. The brigadier-general for the suppression of the rebellion and for the keeping of the peace in that region has adopted the policy of requiring each county to keep the peace within its own bordeis; in case of dis- orders to render up to the military authorities at brigade headquarters the disturbers of the peace or in default thereof to submit to the levy of such contributions on the inhabitants (loyal and disloyal alike) as will meet the expenses of a military force sufficient to restore order. Herewith find an order* of Brigadier-General Hurlbut which marks the policy. To this policy we submit most respectfully the following objections: First, it is without warrant of law. Second, it proposes to pnnish the innocent with the guiltyUnion men with disunionists. Third, it is irritating to the people and deeply injurious to the Ummion cause. It has already driven thousands from our ranks who were forni- erly in co-operation with us. Fourth, it proposes to impose l)ellalties prescribed by no law, civil, criminal, or military. Fifth, it assumes as its basis what is false in fact that the civil authorities of the coun- try are capable of suppressing this monstrous rebellionan assumption in the face of every step in this war from tIme Presidents first proclama- tion to the arming of the last regiment mustered into service. *See p. 213 Page 215 EARLY EVENTS IN MISSOURI, ETC. 215 You will perceive that this is the last day limited by General Hurl- buts order in which the authorities of Marion are to deliver up certain marauders. The threatened levy may commence to-morrow. When it (loes commence it is our deliberate opinion it will instantly involve at least four-fifths of the people of as many as five or six of the counties in the northeast in open rebellion against the Goverunient and drive out what of Unionism remains. We therefore more earnestly ask your excellencys instant interposition for the I)reventiou of coimsequences so direful. We are with great resl)ect, your obedient servants, JOHN I). S. DRYDEN. lAnd 11 Others. HEADQUARTERS I)ISTRICT OF NORTH MISSOURI, Saint Louis, August 25, 1861. Miij. Geim. JOHN C. FRI~MONT, Corn dg. Department of the West, Saint Louis, Mo. GENERAL: Lu view of my conversation with you this niorning I have the honor to report as follows: The policy of makiig the people along the hues of railroad in North Missouri responsible for any dauiiage done to the roads has perfectly secuLC(l them from destruction since it was establish ed. The system of lioldiming ~)ro1)erty of counties responsible for breaches of peace enlists by the only method possible the active agency of the secession- ists in keeping down riots amid disturbances. Wheum so large a por- tion of the population sympathizes with the authors of the atrocious acts of guerrilla warfare which have hitherto disgraced North Missouri it is impossible to apprehend the perpetrators of such outrages. Since the population has beemi tiotifled that their property would be made to pay the expense of suppressing such disturbances thousands of per- sons have taken aii active part in preventing them who miever did so before. Marion County from which came the 1)rotests against this policy has been the worst county iii the State. At the request of a (heputation fi-om that county it was relieved from the first levy made for firimig into a train on the Hamimmibal and Saint Joseph road but the troops which had beeii quartered at Palmyra had umot proceeded three miles from the place before thue train carrying them was fired into fromu the roadside and one man killed and several wounded. They are now nuder contribution for this second amid aggravated charge. I have received intelligence from persons of character iii most of the counties of North Missouri stating that this policy alone amid the fear of the penalty to property prescribed imi it prevents the secessionists from driving out Union men and destroyiming their property. The seces- siorm papers in North Missouri are now eiitreating tIme popuhatiomi to preserve tIme peace because the leading State-rights men (secession- ists) are made to serve on committees of safety agaimust their will and their ~)roperty is made responsible for any violemuce or breach of peace comnmitted by their friends. Whenever it is discovered that the pen- alty set forth will not be executed I firmly believe that every county in North Missouri will be in a state of tumult amid will require for the restoratiomi of peace five times the force now needed. It is possible that some lukewarm Union inemi may turn secessionists under the operation of this policy but it is my sure conviction that if it be not enforced thousands of good Union men will be driven fromu their home Page 216 216 PRISONERS OF WAR, ETC. an(l their Property despoiled. By enforcing it in Marion County, the only place it has been necessary to do so, I feel sure there will result quiet in that section of couitry. Where outrages are so exI)ensive they will not be repeated. The system of pursuing the perpetrators of these outrages can lead to no good results while so large a body of people sympathize with them. Its only effect is to break dowii and demoralize our forces, to carry distress and apprehension to districts intherto quiet an(1 to retider our forces less an(l less fit for service. I do not doubt from the results Ul) to this time that the policy of holding l)roperty responsible is the true policy, and 1 firmly believe that if the penalty now hanging over Marion County be rigidly enforced there will be flO occasion for anything of the kind there or elsewhere a second time. I therefore respectfully but earnestly request you to softer this penalty to be exacted, lest a much worse thing befall that people hereafter. It is of course entirely in the power of the people of the various counties in North Missouri to keel) the peace among themselves. If they will not do so it surely is not harsh to require that the expense of having it done should be pai(l by time county. No one will say that if this 1)olicy be abandoned there will be anything like quiet in North Missouri. lt is the object of the prof estants against it to have large forces of home guar(ls pai(l and subsisted by the United States aised in their midst, so that much money will be (histributed among thicimi amid the United States shall pay a large local police force of their own people. If they have to pay the expense themselves they will take care that nothing occurs that will render such a force neces- sary. It is to be borne in mind that the disturbances in North Mis- souri are purely local amid personal and have no view to time result of the great operations of Government. Time people in thmat region are merely fighitimig with each other in mammy cases to satisfy fhehimmgs of l)ersonal hostility of bug standing. It is a war which can only be eim(led by mnakimmg all engage(l in it suffer for every act of hostility coin- nutted. As I am satisfied from personal examination an(l experience that. this policy will keep Nortim Missouri quiet with time smallest force and thmat a (leparture from it now will only result iii aim uprising in every county against the Union men which will require large forces to be witlidrawim from here to h)ut it dowli, I most urgemitly recommumen(h that no favorable reply be made to those who have addressed you on thus subiect. Go the one side there is the risk of alienatimug a few immen hitherto half-way for time Ummion; omi the other the risk of having a coim- si(lerable portion of the people in every county of North Missouri in am-minus aga.nmst the peace. One failure to enforce rigidly this 1)enalty will destroy all belief that it will ever be enforced at all. Respectfully, general, your obedient serva mit, JNO. POI~E, Brigadier- General, Coninwuduig. HEADQUARTERS U. S. FORCES, Jefferson City, iJio., August z?5, 1861. Capt. SPEED BUTLER, & unt Louis, Alo.: * * * * * * * The party sent out by me to the neighborhood of where the cars were fired into on Tuesday has returned. The report has not yet beemi received but may be in time to acconupany this. A few persons hav Page 217 EARLY EVENTS IN MISSOURI, ETC. 217 been arrested who are suspected of haviiig been engaged in the firing. I have no reliable information as to the movements of McCullochs forces but there is a current rumor here that he is moving toward this point. From a spy who came in yesterday I learn that companies are being organized in all the counties west of here. Some of these bands are acquiring considerable proportions. Many troops have crossed the Missouri River from the north within the last two weeks and are join- ing the forces on this side. If I had sufficient force all that could be stopped. U. S. GRANT, Brigadier- General. HEADQUARTERS 1)ISTRLCT OF NORTH MISSOURI, Saint Louis, August 26, 1861. Major-General FR~IONT. GENERAL: In order that the system of ~)reserving the peace in North Missouri and l)Lotectili g the railroads fro in destruction together with the reasons that suggested its a(loption miiay be thoroughly placed before you I inclose the printed orders issued* an(1 I ask your careful l)erusal of them in ,justice to myself. I have also to request that if it be (lecided to abaiidon this policy and release Marion County from a penalty justly incurred it be done through orders from these head- quarters in order that my authority in North Missouri be not so im- paired that I can no longer have that influence here which alone enables me to be of service. Respectfnlly, general, your obedient servant, JNO. POPR, Brigadier- General, Comm an(ling. HEADQUARTERS U. S. FORCES, Jefferson City, Mo., August 26, 1861. Col. WILLIAM H. WORTHINGTON, Fifth Iowa Volunteers: See E. B. McPherson, a true Union mnan, who will show you a copy of the Boonville Patriot. Bring all the printing material, type, & c., with you. Arrest J. L. Stevens and bring him with you and some copies of the paper he edits. Bailey is a particularly obnoxious person amid should be arrested. B. S. Wilson & Co. have been furnishing the rebels with groceries. You may therefore i)ay him a visit and if you require it draw two or three days supplies for your commamid, keeping an acconnt of the amount taken, its value, & c. Give secessionists to understand what to expect if it becomes necessary to visit them again. Take all canteens you may find from a tin-shop which is reported to have been working for the rebels. It is reported that the proprietor of the ferry-boat has observed his part of the engagement entere(l into as far as practicable but there is no doubt that he is deceived daily as to the character of the l)arties he is crossing, and now so many will want to cross that his boat will be taken possession of if not given freely. U. S. GRANT, Brigadier- General. * See ante Page 218 218 PRISONERS OF WAR, ETC. BOSTON, August 27, Th61. Hon. SIMON CAMERON, Secretary of War, Washington. Sin: The State of Missouri is so important to the Union that I sup- pose you will be glad of any information regarding it which comes from a reliable source. I hand you a few extracts from the late letters of Mr. Hayward, general agent of the Hannibal and Saint Joseph Rail- road. Through the agencies of this line across the State lie has great facility for obtaining information and judging of the progress of our cause in the northern portion of the State. His views with regard to the probable eft~ct of measures which have been heretofore taken toward suppressing the rebellion iii that vicinity have showim so clear a judgment as to give with us here much weight to his opinions. * * * * * * * Very respectfully, your obedient servant, J. W. BROOKS. [Inclosuro No. 1.] Extract ]romn letter of J. 7~ K. Hayward to 4. W. Brooks, (l((lcd Steamcr Hannibal City, August 13, 1861. I go down to.(lay with a committee from Palmiiyra to see what can be done to put a stop to the outrages I)erPetrated on the coinumunity l)y Government troops partly mimider orders of officers and ~)artly ~vitIiout orders. I will state the case in part: Last week our traimis were fired into several tiiimes about six uiiles ~vest of Palmyra, in Marion County. On Thursday night a party of rebels caine into Palmyra, disa.riiied a few Union itien and did some trilling damage. I think there is goo(I reasomi to believe that the cars were fired into by rangers fromii another county and without any knowledge of the people iiear them amid that the course is disapproved and reprehended by itearly all. The citizens I thimmk are generally opposed to violence an(I some of the leading secessionists interfered to prevent trouble and bloodshed wimemi the rebel band visited Pahmiiyra. Now to carry out General Popes programnmne some 600 men are sent to Palmyra amid the coumity court miotified to pro- vide them with rations amid pay all expemises. In their failure the city coumicil is notified to do it at county expense, amid in their failure uiotice is given that they shall take it where they caii most conveniently find it aiid that these men will be quartered there until they (the peoL)le) arrest and deliver over to military authority the muemi who have been guilty of these offenses. Yesterday as the rations were miot fortlmcomn- ing flmey semut out a company of troops and visited tIme stores and took enomigh for two days rations, giving orders on the county. In addition contrary to all general orders mamiy citizens were arrested without cause and generally soon discharged. Houses also have been ol)eiie(l and searched and for no good reason. Timeum as a sample of what is domme by somne officers last week a man miamned McAfee (speaker of tIme last house of representatives) was arrested. General Huribut or(lere(l him to be set to (ligging trencimes and pits for necessaries at which lie was kept all one day when the mercury ranged about 100 degrees i tithe shade. A few days after he was takeii from Macon to Pahayra and the general ordered him to be tied on the top of the cab omi time engine. It was prevented by our men, who, when persuasion failed, time emugineer swore he would not run the engine if it was done (and I upheld him in it), ammd as he was beimug marched to the engine to mount it the signal was given and the traimi starte(l giving them barely timne to get omi th Page 219 EARLY EVENTS IN MISSOURI, ETC. 219 cars. Wlieii there is added to this the irregularities of the soldiery such as taking poultry, pigs, milk, butter, l)reserves, potatoes, horses and in fact everything they want; entering and searching houses and stealingin many cases; committing rapes on the negroes an(l such like thingsthe effect has been to make a great many Uiiion men inveterate enemies and if these things continue much longer our cause is ruined. * * * I can fully substantiate all I have written. I nclosii re No. 2. Extr(ct from letter oJ J. T. A. Hayward to J. 11. Thooko, (lated & eamer Jennie J)eans, August Ii, isGi. I am on my way from Saint Louis home. [have waite(l on General Pope with a committee from our county and have succeeded in obtain- ing promises from him which are tolerably satisfactory. I hope lie will carry them out. The news of recent movements in the State is exciting and I fear its effect on our community. It is of great ininportauce that the Gov- ernment should be successful here and elsewhere now. The (leath of General Lyon casts a gloom over us all. * * * * * * * There seems to be at present in our part of the State a disposition on the part of good citizens of secession sympathies to (ease hostilities and urge those who will fight to emilist and join the regular forces. The partial success of the rebels and the fact that in greatly superior force they are constantly advancing into the State is what I most fear. 0mm the other hand it is very strange with all our boasted superiority iii men and resources that the rebels manage at. imearly every point to meet. our troops with greatly superior numbers. There are screws loose somewhere. I am tired of receiving blows. I want to see the war olThnsive on our part. This course of events will soon ruin our caase before the world. [Inclosiire No. :i.i Extract Jram letter of J. T. K. Hayward to J. TV. flrook~ dated Hanni bal, August 17, 1361. Most of this week has been spent in efforts for peace and conciliation. Things were getting to such a pass here that no one felt safe and all could see that the matter as it was going on would soon be ninuch worse and men on either side would be shot down at sight while property would be entirely insecure. I thimik it is a consciousness of this that has mnade our most respectable and leading secessiommists manifest a desire of late to have a stop put to this irregular warfare. At least I have takemi advantage of this disposition amid worked with themI trust to some Purpose; it remains to be seemi how munch. Our train was fired into last night and one man killed and three wounded. It was a train mostly of soldiers. A ball passed close to the head of the conductor aimed as is believed at him expressly. Two of our best rumimmers have left in consequence of their traimis being fired on. We intend however to run the road if Farley and myself have to go on the engines and run themn. But we must have a chamige in our military rule here or we are helplessly gone. It is a load the Union men cannot bear. Yours, truly, J. T. K. HAYWARD Page 220 220 PRISONERS OF WAR, ETC. [Inclosure No. 4.] HANNIBAL, August 19, 1861. J. W. BROOKS, Esq., Boston. DEAR SIR: Our train was fired into yesterday. There were troops on board. No one hurt. If we cannot have a change in the adininis- tration of military affairs here in North Missouri our cause ~vill be ruined. There are a good many rebel camps known to be within three to ten miles of the road; Union men constantly driveti out; trains fired into, & c., and yet no effort made to attack themn~. Yours, truly, J. T. K. hAYWARD. HEADQUARTERS U. S. FORCES, Jefferson City, 31o., August 27, 1~61. Capt. SPEED BUTLER, Saint Louis, Mo.: * * * The detachment that left here a few (lays since to arrest parties for firing into the cars west of here brought in a number of prisoners but from all the evidence they were the mimost innocent men in the county. I had them liberated. * * * * * * * U. S. GRANT, Brigadier- (~ enera 1. SAINT LOUIS, August 30, 1861. Col. J. II. EATON, U. S. Army. DEAR COLONEL: I inclose a special order on the subject of the policy pursued in North Missouri. This order is based upon a conver- sation with the general yesterday and before issuing it 1 wish to sub- mit it to his approval. Will you please present it to him amid get his al)l)roval? If you will return it to me as soon as you can that I may have it printed and sent off by mail (if the general approves) I shall be much obliged to you. Very truly, yours, JNO. POPE. [Iiiclosure.] SPECIAL ORDERS, IIDQRS. I)ISTRwT OF NORTH MISSOURI, No. 13. Saint Louis, August 30, 1861. In compliance with the representations of Governor Gamble, Hon. F. P. Blair and other well known citizens of Missouri and at their earnest request the provisions and requirenments of Special [Generalj Orders, No. & from these headquarters, are hereby suspended. Although it is the firm conviction of the general commanding in North Missouri that good policy and the peace of that section would have dictated the strict enforcement of the order yet he is willing to defer to the earnest wishes of the executive civil authority of the State and of the promi- nent citizens who are equally solicitous with himself that peace and * Order of July 31, 1861, p. 195 Page 221 EARLY EVENTS IN MISSOURI, ETC. 221 quiet should be re-established in North Missouri. Neither the condi- tion of the people nor the experience of the past month can fairly justify a departure from the policy which already has greatly reduced the extent and character of the disturbances in North Missouri, yet it is hoped that this cordial assent to the suggestions and the warmly expressed opinions of the executive and many of the most 1)rominent citizens of the State will be received by the people in the spirit in which it is accorded and that the hopes of peace and qniet which these gentlemen base upon it will not be disappointed. It is proper, however, to warn the people of North Missouri and of the entire mili- tary district over which the commanding general in North Missouri has control that any abuse of this leniency will be instantly followed by results far more severe and difficult to bear than any which are now objected to. By order of General Pope: SPEEI) I3UTLEII, Acting Assistant Adjutant- General. PROCLAMATION. HEADQUARTERS WESTERN DEPARTMENT, Saint Louis, Angust 30, 18G1.* Circumstances in my judgment are of sufficient urgency to render it necessary that the commanding general of this department should assume the administrative powers of the State. Its disorganized condi- tion, helplessness of civil authority, and the total insecurity of life and (levastation of property by bands of murderers and marauders who iiifest nearly every county in the State and avail themselves of public misfortunes in the vicinity of a hostile force to gratify private and neighborhood vengeance and who find an enemy wherever they find l)lunder finally demand the severest measures to repress the daily increasing crimes and outrages which are driving off the inhabitants and ruining the State. in this condition the public safety and success of our arms require unity of purpose without let or hindrance to the prompt administration of affairs. In order therefore to suppress disorders, maintain the pub- lic peace and give security to the persons and property of loyal citizens I do hereby extend and declare established martial law throughout the State of Missouri. The lines of the army occupation in this State are for the present declared to extend from Leavenworth by way of posts of Jefferson City, Rolla and Ironton to Cape Girardean on the Missis- sippi River. All persons who shall be taken with arms in their hands within these lines shall be tried by court-martial and if found guilty will be shot. Real and personal property of those who shall take up arms against the United States or who shall be directly proven to have taken an active part with their enemies in the field is declared con- fiscated to public use and their slaves if any they have are hereby declared free men. All persons who shall be proven to have destroyed after the publi- cation of this order railroad tracks, bridges or telegraph lines shall suffer the extreme penalty of the law. All persons engaged in trea- sonable correspondence, in giving or procuring aid to the enemy, in See M. Jeff. Thompsons retaliatory proclamation, September 2, at p. 181 Page 222 222 PRISONERS OF WAR, ETC. fermenting turmoil and disturbing I)Ublic tranquility by creating or circulatiiig false reports or incendiary documents are warned that they are exposing themselves. All persons who have been led away from allegiance are required to return to their homes forthwith. Any such absence without sufficient cause will be held to be presumptive evidence against them. The object of this declaration is to place in the hands of military authorities power to give instantaneous effect to the existing laws and supply such deficiencies as the conditions of the war demand, but it is not intended to suspeimd the ordinary tribunals of the country where law will be administered by civil officers in the usual manner and with their customary authority while the same can be peaceably admin- istered. The commanding general will labor vigilantly for the public welfare and by his efforts for their safety hopes to obtain not only acquies- cence but active support of the people of the country. J. C. FR1~MONT, ill ajor- General, Commanding. GENERAL ORDERS, ~ VIDQR8. WESTERN DEPARTMENT, No. (3. & f jet Louis, Mo., August 30, 1861. The comimianding general sincerely regrets that he finds it necessary to make ammy reproach to the patriotic army under his command. He had hoped that the rigid enforcement of discipline and the good exam- ple of the mass of the enlightened soldiery which he has the honor to lead would have been sufficient to correct in good time the irregulari- ties amid license of a few who have reflected discredit upon our cause an(l ourselves. But the extension of martial law to all the State of Mis- souri rendered snddenly necessary by its unhappy condition renders it equally imperative to call the army to good order and rigorous dis- cipline. They are reminded that the power to inflict the extraordinary seven- ties of the now governing law is rigidly confined to few who are to be held strictly accountable for its exercise. They are also reminded that the same necessity which requires the estabhshmnent of martial law demands also the enforcement of the iuihi- tamy law which governs themselves with the same sudden severity. The commanding general therefore strictly l)rohibits all vexatious pro- ceedings calculated unnecessarily to harass the citizens and also unauthorized searches, seizures and destruction of property except in cases of military necessity amid for which the officer authorizing or permitting it will be held strictly and personally resl)onsible. All officers commuanding districts, posts or detachments are enjoined to use the utmnost prudence and circumspection in the discharge of their duties. Under the circumstances a strict obedience to orders, close attemition to duties and aim earimest effort to protect amid to avoid harass- ing innocent pcrsons is requested and expected everywhere froni officers ~mmmd muemi. The coummamidimig gemieral trusts that he will find few occasions to reproach the troops. He hopes amid believes that he will fimid many to adnmire and commend them. By order of Major.General FrPmont: J. C. KELTON, As~istant Adjutant- General Page 223 EARLY EVENTS IN MISSOURI, ETC. 223 I IEADQUARTEI?8 1)1 STRICT OF NORTH MISSOURI, Saint Louis, Au qust 31, 1861: Colonel WILLIAMS, [Third] Iowa Regiment, Brookfteld. COLONEL: Immediately upon receipt of this letter you will proceed to I~a1myra with all the effective men of your command, leaving the Missouri regiment (Morgans) to occupy Brookfield and guar(l the pub- lic stores there. The object of your movement is to open the road which is reported to be obstructed near Palmyra and occupy Pahnyra so as to insure the safety of travel. You will at once dispatch a mes- senger to General Hurlbut with the inclosed order and make sure that he gets it. You can send for your regimental baggage as soon as the road is clear as your station for some time to come will be 1~a1myra or Hannibal. I am, colonel, your obe(lient servant [JNO. POPE, Brigadier- General, Commanding.] [Inclosiire. I HEADQITARTERS DISTRICT OF NOETH MIssouRi, $aint Louis, August 81, 1861. Brigadier-General IIuRLB UT, Kirksville. GENERAL: Upon the receipt of this order and without the least delay you will move with your force upon Palmyra and reopen the road which has been obstructed. 1 cannot conceive how you could have remained ten days at Kii-ksville and allowed Greens forces to interrupt 1 ravel and commit outrages unopposed all through Marion County. l3reak imp your camp at once and march on l~almyra. Moore is ordered to follow you and 500 of Busseys cavalry will be sent from Keokuk to Hannibal. You have force enough and to spare and great surprise and dissatisfaction is expressed at depam tment headquarters at your unex plaimmed delay at Kirksville. Mr. Cassel will han(l you orders concern- ing 1~aris which you will execute at once. Respectfully, sir, your obedient servant, JNO. POPE, Brigadier- General, Comman (ling. HEADQUARTERS WESTERN I)EPARTMENT, Saint Louis, September 4, 1861. Col. J. C. DAVIS, Commanding, Jefferson City. SIR: The major-general commanding orders that you cause Captain Magoffin, taken prisoner at Georgetown, Mo., to be sent forthwith with all other prisoners of the same character to the arsenal of this city. Send copies of accusations against them. 1 am, sir, very respectfully, your obedient servant J. II. EATON, Major, U. S. Army, and Military Secretary Page 224 224 PRISONERS OF WAR, ETC. TROY, Mo.. ASeptentber 5, 1861. General JOHN C. FR~MONT. SIR: The committee of safety for the county of Lincoln appointed tinder the special order of Brigadier-General Pope iii his absence from at to report to you the con- his headquarters Saint Louis beo leave dition of affairs in our county. We have made several reports to General Pope of the movements of armed bodies of men in and through our county telling huiti that we were unable to control such movements within ourselves, an(1 with the means of defense in the hands of our people and the general feeling toward us it would be impossible to (lisperse and break lip the organi- zation in our county while all the surrounding counties contribute to increase the members making the force entirely beyond our control. For several days past quite a stir has beeii going on amongst these forces. Meim have been gathering in from different quarters until now they are several hundred strong though consi(lerably scattered. They have no regular encampment but we are informed that they have a camp of instruction at which they meet from day to day for military exercise. This place of meeting is situated about six miles south of Troy and about the same distance north of Millville on the North Mis- soiiri railroad. Within the last few days several complaints have been made to us of depredations committed by small parties belonging to this organization upon some of our citizens. We have remonstrated against such pro- ceedings and have succeeded in one or two instances of having horses restored that were taken. As yet we have heard of no threats or acts of violence toward any one. All is quiet with the exceptions men- tioned. We see no signs of a forward movement of the fbrces around us; they will probably remain as they are unless disturbed. There is a continual passing in and out of our town of these men. They go to and fro without molestation making no disturbance with the exception of occasional noisy demonstrations produced from the effects of bad whisky. And if you will allow us the suggestion while on this point if the same regulations in regard to dram-shops as exist in Saint Louis were extended to this and every other county in the State the peace of the country generally would be better preserve(l. Give no permits to dram sellers or liquor dealers in any town or village unless recoin- mended by a majority of the citizens through the committee of safety and the result will be for the general good of the people. As the con- dition of afthirs demand we will report from time to time. We are, truly, yours, C. W. PARKER AND OTHERS, (iomm ittee. SAINT Louis, September 6, 1861. Brigadier-General STURGIS, Commanding at Arsenal. SIR: In order to put a stop to the robberies and violence committed by the rebel hordes under Green who are now assembled at Shelbina to the number of about 3,000 and who have cut oft Colonel Williams from his eastern communication lines I have resolved upon a combined attack oii the rebels and their annihilatiomi. * * * * * * * J. C. FRI~MONT, Major- General, Commanding Page 225 EARLY EVENTS IN MISSOURI, ETC. 225 FORT LEAVENWORTH, KANS., September 7, 1861. Major-General FR~MONT: The communications by rail and wire entirely cut oft on the Hannibal and Saint Joseph. Lane reports the enemys column marching on Lex- ington. Can a force attack from Jefferson City while Lane attacks from the west ~? XV. E. 1~hINCE. HEADQUARTER8, Fort Learenworth, Kans., September 9, 1~61. General J. H. LANE, Commanding Kansas Brigade, Fort Lincoln, Kans. GENERAL: * * * * * * * I hope you will adopt early and active measures to crush out this marauding which is being enacted in Captain Jennisons name as also yours by a band ot men representing themselves as belonging to your command. Captain Wilder will be able to give the details of their conduct at Leavenworth City, and doubtless their atrocities in other localities have been already represented to yon. Please have a formal examination into the plundering of private amid public buildings which has recently taken place as I am informed at Fort Scott. It will be necessary for representation to higher authority and for the a(ljustmnent of the accounts of disbursing officers. * * * * * * * Very respectfully, your obedient servant, W. E. PRINCE, Captain, First Infantry, Commanding, BRooKFWLD, September 11, 1861. Maj. Gen. JOHN C. FR1~MONT: I have command of this post some days but must have fonr pieces of artillery if I hold it much longer. The rebels are concentrating around in every direction and I know we will be attacked before long. This post and stores and round-house must be held. Over 20() of my corn- mand are aiding to build the Platte River bridge near Saint Joseph. No communication with General Pope since he has been on the road. Fifteen hundred of Greens forces commenced crossing tIme river about Glasgow yesterday, forty-five miles from here. W. JAS. MORGAN, Colonel. HuDsoN, September 12, 1861. Major-General FRI2MONT: It is altogether untrue that any bridges or culverts have been destroyed between this place and Hannibal as stated iu the papers. Since my arrival in this section a trestle-work was destroyed by Green. It was repaired and day before yesterday spread out as the train passed over. It was a simple accident. it is now repaired and the 15 R RSER II~ VOL Page 226 ~26 PRISONERS OF WAR, ETC. road is clear to Platte River. The news that Green has crossed at Glasgow is undoubted. lie has carried out of North Missouri a large part of the ruffians and bridge-burners who have committed outrages. Within a few days all will be quiet again. I go forward to Saint Joseph and thence to Keokuk. I will have Glasgow and Brunswick immediately visited by a strong force, and as soon as the regiments of Glover, Moore, Tindall and Foster are ready I will turn the regiments to the line of the Missouri River. JNO. POPE. HEADQUARTERS WESTERN DEPARTMENT, U. S. ARMY, Saint Louis, September 14, 1861. Col. T. T. TAYLOR, Commanding at Springfield. SIR: Yours of the 8th iustant* containing an erroneous construction of my proclamation dated on the 30th ultimo has had my attentioli. I understand the object of your note to be to inquire whether it was my intention to shoot the wounded who might be taken prisoners by the forces under my command. The following paragraph extracted from the proclamation will be strictly enforced within the lines prescribed against the class of offenders for whom it was intended, viz: All persons who shall be taken with arms in their hands within these lines shall be tried by court-martial an(l if found guilty will be shot. Time lines are expressly declared to be those of the army in the military occupation of this State. You have wholly misal)prchended the mean- ing of the proclamation. Without undertaking to determine the condi- tion of any mnan engaged in this rebellion I desire it to be clearly imdem- stood that the proclamation is intended distinctly to recognize all the usual rights of an open enemy iii the field and to be in all respects strictly conformable to the ordinary usages of war. It is hardly micces- sary for me to say that it was not I)repared with any purpose to ignore the ordinary rights of humanity with respect to wounded men or to those who are humanely engaged in alleviating their sufferings. Respectfully, your obedient servant, J. C. FR~MONT, Major- General, Commanding. SAINT JOE, September 1~, 1861. Major-General FR~MONT: Road to Hannibal open except Platte River bridge (finished to- morrow) and all quiet. Secessionists numbering some 2,500 in detached bands retreating southward to cross river below Independemice. I have sent column of 1,000 men aild three pieces of artillery under Colonel Smith to march rapidly from this l)lace in pnrsuit, and the Iowa regimeiit with one piece of artillery and fifty irregular horse to move rapidly from Cameron upon Liberty and there effect ~unctiou with Smith. There is no doubt in my judgment that the large train of pluiider will be captured, thou ghi as usual I presume the threes will disperse, and being cavalry will mostly escape unless Smith can sur- prise them. I have put all irregular forceshome guards amid others iii motion scoutimig the country on all sides. Colonels Cranor and Edwardsthe first commanding irregular threes of Missouri Volunteers, * Omitted Page 227 EARLY EVENTS IN MISSOURI, ETC. 227 the second about 600 Iowa State troopswill be here to-day having swept whole region north of this place clean. I put them immediately in motion along both sides of railroad to clean out the small squads remaining in the woods froni Saint Joseph to Chullicothe. In five days North Missouri will be again quiet and the regiments of Tindall, Moore, Foster, Morgan and Glover will return. So you will please send Tmndalls regiment as soon as possible to Chillicothe. I go east to-day to urge into the field the regiments named. There are some disturbances of minor importance in the extreme northeast and I must get to Canton and Keokuk without awaiting the return of Smiths command. Can Glover and Bussey get their cavalry armed at oncel JNO. POPE, Brigadier- General. HUDSON, Mo., September 16, 1861. General FR~MONT: Just arrived here on my way to Keokuk. Find Ohio regiments on their way to Utica. If you can send Tindalls regiment to Chillicothe immediately the Sixteenth Illinois and Third Iowa can also be for- warded to Lexington. There will be no more considerable trouble in North Missonri. JNO. POPE, Brigadier- General. QUINCY, ILL., September 17, 1861. Major-General FR~MONT: Arrived here last night but did not find boat I had requested to be sent from Saint Louis to carry me from Canton to Keoknk. Cannot do my business without her. There is now no difficulty iii North Mis- souri nor do I believe that fifty armed men caii get together in the region south of Knox and Lewis Counties. Shall be up there as soon as I can get a boat. Railroad all clear and will remain so and will return to Saint Louis as-soon as I finish up the river. Bussey and Glover need their cavalry arms. JNO. POPE. HEADQUARTERS WESTERN DEPARTMENT, Franklin, October 15,11861]. Col. J. H. EATON, Acting As8istant Adjutant-General: Big River bridge seven miles below Dc Soto on Iron Mountain Rail- road was burned last night. I have no particulars and dont under- stand it as a sufficient guard was there. Shall go down to see to it and will telegraph. CHESTEL{ HARDING, JR., Brigadier- General. GENERAL ORDERS, ~ HEADQUARTERS, No. 1. Quincy, Ill., October 17, 1861. I. Having been assigned to duty in Northeastern Missouri by instructions from Brigadier-General Prentiss, commanding, dated Je Page 228 228 PRISONERS OF WAR, ETC. ferson City, October 17, 1861, the undersigned hereby assumes command of all that territory bordering on and lying north of the Hannibal aIl(1 Saint Joseph Railroad. II. All orders now in force will be continued until further orders. J. B. S. TODD, Brigadier- General, Commanding Northeast Missours. HEADQUARTERS POST, Rolla, Mo., October 24, 1861. Capt. CHAUNCEY MOKEEVER, Assistant Adjutant- General, Saint Louis, Jib. CAPTAIN: I have as prisoners several of the Harris and Wood gang of rebels and thieves who have been the terror of all Union men in the adjoiiiing couiities. Most of them are members of Johnsons band and have murdered, robbed and committed almost all other crimes against Union men. The evidence against them is mostly in the adjoining counties and hard to procure. Several of them once took the oath. What shall 1 do with them l L am, very respectfully, your obedient servant, G. M. DODGE, Colonel, Comm~n ding. HEADQUARTERS WESTERN DEPARTMENT, Saint Louis, October 26, 1861. Col. G. M. DODGE, Fourth Iowa Volunteers, Commanding, Rolla, Mo. SIR: Your letter of the 24th instant in relation to prisoners taken belonging to Harriss and Woods gang of rebels has been received. In reply I beg leave to state that I do not know what disposition can be made with these men as there is no military commission in session here. I think, however, the best course to have pursued would have been to have shot them when they were captured. I am, sir, very respectfully, your obedient servant, CHAUNCEY MoKEEVER, Assistant Adjutant. General. SAINT LOUIS, November 16, 1861. Major-General HALLECK, Commanding Department of the West. DEAR SIR: Permit a stranger to submit the following suggestive remarks: Many of the older and more substantial citizens are ol the opinion that adecided majority of the people of Missouri last spring were Union in sentiment. Now excluding the Germans certainly not less than three-fourths are secessionists at heart. In the earlier part of spring commenced the formal organization of citizens of avowed rebel sentiments into companies and regiments to aid in destroying the Federal Government, or informally into bands under ringleaders with. out even the color of commissions from either the State or Southern Confederacy, having the avowed object of exercising arbitrary surveil- lance over the person and property of loyal citizens if not also b Page 229 EARLY EVENTS IN MISSOURI, ETC. 229 intimidation driving them from the State. Since the initiation of these organizations anarchy has measurably prevailed and both parties have been and are yet in open armed antagonism. The Federal Army was driven from its extreme southern occupation of Carthage, the State penetrated beyond its center by the Confederate Army, aided and abetted in its march by large masses of Missourians operating singly, iii squads, by individual organizations of great numerical strength, all, however, united in besieging and reducing the Federal intrenchnients at Lexington; all since, however, retiringthe Confederate Army to the border, its followers to their local field of operation or to their homes, the former followed by a large Federal Army to a positioii iii the rear of that possessed in the spring. Thus practically closes the campaign of 1861 in Missouri. The result: the abandonment of the State by a large moiety of her best and most industrious citizens; the devastation of the property amid utter ruin of a still larger portion; the rendering inoperative of civil law if not in fact its surrender to the martial and the chiefs of the marauding gangs; the utter and complete destruction of the industry and prosperity that characterized the State; the rendering it hazardous to the person or life of the law-abiding citizen to pass alone through nearly or quite every county in the State, and last but miot least disaffected a material poition of the citizens, rousing the majority in the State as remarked in the outset to secessionall principally attributable 1 apprehend to tolerating the organization into squads and ariiuies the (hisaftecte(l of the State instead of seizing upon the leaders before their plans were fully developed, and to tIme rose-water ~)ohicy pursued with them after committing overt acts. rflme secessionists can very properly be divided and classed as follows: first, those who are in sympathy and heart only with the Confeder- ates; second, those who abandon their hommies and regularly enlist in the rebel army participating in its fortunes; third, those who compose tIme guerrilla l)ortion. The two firstmay be said to command a certain amount of respectthe one for his neutrality the other as a belligerent while the third is to be despised as a sneak, highwayman and bandit. It is this last class who afford the iiiformation, aid and comufort abso- lutely necessary to enable the Confederate Army to successfully l)ene- trate the State from Arkansas. it is the ringleaders of this class whomn it is necessary to reach and summnarily treat beibre peace can prevail in Missouri; for without their aid and instigation the followers are harmuless by reason of natural imbecility and lack of courage and the Southern army deprived amid made nearly inoperative iii the State for their countemiance. it is not sufficient to deal with the ringleaders by arresting and imprisomming them through formn of law: they mimust be seized singly at times and places (such as at their own fireside) when least expected; and if they offer the least resistance to be instantly shot, otherwise to be for form sake tried by military commission and forthwith shot. Probably 100 seizures made on this principle in the State within thirty to sixty days at times and places to not indicate desion or con- cert of action, & c., will do more to secure peace to time State than the entire armimy, and prevent time assassination hereafter of hundreds of loyal, peaceable citizens, besides the loss of the thousands who will fall in battle and by disease. You will perceive that I draw a marked distinc- tion between secessionists and propose only to treat in a summary man- ner the ringleaders, the others being left to the civil law or to the fate of the vanquished in honorable warfare. The reason I advise summar Page 230 230 PRISONERS OF WAR, ETC. dealing with ringleaders oniy originates from an extensive knowledge and dealing second to but few with the class of men thus to be directly or indirectly affected, it being the most immediately effective and potent cure for the mania permeating the minds of persons engaged in law-defying combinations such as the marauding parties of Missouri, mobs aiid banditti. My apology for this letter originates in the fact that bankruptcy stares myself and all others in the face unless this war is speedily tei- nhinate(l and the States en masse restored to their former peaceful rela- tion, firmly believing that the policy suggested if carried out will soon enable the mass of the Federal Army to be withdrawn from the State leaving the onus of preserving peace where it rightfully belongsupon its own citizens. J am, with the highest consideration, your obedient servant, ERASMuS GEST. SA INT Louis, Norem ber 20, 1861. (Received November 20). General MCCLELLAN, For the President of the United States: No written authority is found here to (leclare an(l enforce martial law in this department. Please send me such written authority and tele- gral)h me that it has been semit by mail. H. XV. HALLECR, Ma,jor- General. Imlorsenient. I NOVEMBER 21, 1861. If General McClellau and General Ilalleck deem it necessary to declare and maintain martial law at Saint Louis the same is hereby authorized. A. LINCOLN. HEADQUARTERS TWENTY-SEVENTH MISSOURI VOLUNTEERS, Sedalia, Mo., November 2 1861. Major-General HALLECK. SIR: Will you permit me as a citizen of Missouri and one who has taken a deep imiterest in sustaining the Union cause in our State, devot- ing my time and money as freely as any other man, to make a state- ment in regard to the condition of affairs in Western Missouri between the Osage and Missouri iRiversl * * * The population in l)amt of this part of tIme State are wealthy and desperate men amid will do just as good fightimmo- without a general as with one. Hence the peculiar state of affairs which exists among us as a people at this time. Murder, rapine and robbery pervade every county and neighborhood in this part of the State where there are no U. S. troops. No man or his family or property will be safe a single day after he is known to be a Union man or sympathizes with our efforts to sus- tain the Governmnent and its authority over our State. Nothing but prompt and energetic measures on the l)art of our Government will save our population from murder and starvation. The rebels hav Page 231 EARLY EVENTS IN MISSOURI, ETC. 231 (leclared that no Union man shall remain in this part of the State and you may rest assured that they mean to do just what they say. If the Government intends to extend protection to the people of Western Mis- souri it must be done at the earliest day possible or it will not be worth ~)rotecting as the rebels are stealing and robbing the IJnion citizens of nioney, personal property, such as cattle, horses, mules, hogs, sheep, household goods, bed clothing and even the wearing apparel of the finales of Union flimilies. I am, very respectfully, your obedient servant, JAMES I). EAl)S, Colonel Twenty. seren th Missouri Volunteers. IIDQRS. OF TIlE An~~y, ADJUTANT-GENERALS OFFICE, Washington, November 25, 1861. Maj. Gen. II. W. HALLECK, U. S. Army, Commanding Department of the ]Jlissouri, Saint Louis, Mo. Sii~: In reply to your telegram of the 20th instamit the general-in- chief desires you tc give your views more fully as to the necessity of enforcing martial law in your department, and if you think the neces- sity is sufficiently pressing for such a step to mention the names and addresses of the officers to whom you think the power should be given. 1 am, sir, & c L. THOMAS, Adjutant- General. PROCLAMATION. KANSAS CITY, Mo., November 27, 1861.1 To THE PEOPLE OF JACKSON, LAFAYETTE, (JASS, JOHNSON, AND PETTIS COUNTIES, Mo.: I have come among you with my conunand under time authority of the General Government for the pur~~se of protecting the su~)p1y trajits and all other property of the United States Government an(l for the pitrimose of throwing a shield of protection and defense around all imien who are loyal to that Government. No excesses will be commnitted by any soldier in my command. We march to enforce the laws and sustain the Govermiment. Every loyal citizen is expected to give evidence of his loyalty by active efforts for the l)rotection of the flag. For four months our armies have mlmal-clle(l throng-h your country; your professed friendship has been a tI-an(l; your oaths of allegiance have been shams and peijuries. You feed the rebel army; you act as 51)ie5 while claimning to be true to the limnm. We do iiot care about your past political opinions; iio mami ~~-ihh be persecuted because he differs from us. But neutrality is ended. If you are patriots you must fight; if you are traitors you will be pun- ished. The time for fighting has come. Every man who feeds, harbors, pro- tects or in any way gives aid and comfort to the enemies of the Ummiomi will be held responsible for his treason with his life and - property. While all the pro~)erty of Union mnei amid all their rights will be relig- iously respected traitors will everywhere be treated as outlaw Page 232 232 PRISONERS OF WAR, ETC. enemies of God and mentoo base to hold any description of property and having no rights which loyal meii are bound to respect. The last dollar and the last slave of rebels will be taken and turned over to the General Government. Playing war is played ont, and whenever Union troops are fired upon the answer will boom from cannon and desolation will follow treason. Loyal citizens will be fully remunerated for all property taken from them for the use of the army. All land between Fort Leavenworth and the headquarters of the Army of the West is under the jurisdiction of the United States and we propose to have a regular road over it aiid sure communication through it no matter at what cost of rebel treasure and blood. It is hoped that you will see the necessity of abiding by the laws and actively sustaining them. But if you raise an arm against the Government we have sworn to protect the course I have briefly marked out I will follow to the letter. C. IR. JENNISON, Colonel, Commanding Seventh Kansas Cavalry. HEADQUARTERS SECOND DIvISION, Syracuse, Nov ember 28, 1861. Capt. J. C. KELTON: I have two prisoners in my possession one of whom was taken with arms in his hands; the other was an expressman sent forward to advise the guerrilla party camped near Marshall of the approach of the forces seiit from this command. Both belong to the guerrilla parties which have so long infested Missouri and which make war regardless of all law and obligation of authority. I have the honor to request to know what disposition to make of such prisoners as they are taken every day. I am, sir, respectfully, your obedient servant, [JNO. POPE,I Brigadier- General, Commanding. HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, November 30, 1861. Maj. Gen. GEORGE B. MCCLELLAN, Commander-in-Chief, Washington, D. C. GENERAL: There can be no doubt that the emmemy is moving north with a. large force and that a considerable part of Northern Missouri is iii a state of insurrection. The rebels have organized in many coumi- ties, taken Union men prisoners, and are robbing them of horses, wagons, provisions, clothing, & c. There is as yet no large gathering in any one place so that we can strike them. To punish these outrages and to arrest the traitors who are organ- izing these forces and furnishing supplies it is necessary to use the military power and enforce martial law. I cannot arrest such men and seize their papers without exercising martial law for there is no civil law or civil authority to reach them. The safety of Missouri requires the prompt and immediate exercise of this power, and if the President is not willing to intrust me with it he should relieve me from the corn- muand. It is and has been for months exercised here by my predeces- sors but I cannot find aiiy written authority of the President for doin Page 233 EARLY EVENTS IN MISSOURI, ETC. 233 so. I mean to act strictly under authority and according to instruc- tions and where authority will not be granted the Government must not hold me respoiisible for the result. Very respectfully, your obedient servant, H. W. HALLECK, 1}i(~jor- General. Maj. Gen. hENRY W. HALLECK, Gommandtng in the Department of Missouri. GENERAL: As an insurrection exists in the United States and is in arms in the State of Missouri you are hereby authorized and elupow- ered to susl)end the writ of habeas corpus within the limits of the mu- itary division under your command and to exercise martial law as you find it necessary in your (hiscretion to secure the J)ublic safety and the authority of the United States. In witness whereof I have hereunto set my hand and caused the seal of the Umiit.ed States to be affixed at Washington, this 2d day of De- cember, A. D. 1861. ABRAHAM LINCOLN. By the President: WM. H. SEWARD, & cretary of ktate. HEADQUARTERS I)ISTRLCT OF SOUTHEAST MissouRI, Cairo, December 4, IRGi. Col. L. F. Ross, Corn atanding 11. ~. Forces, Cape (Jjrardec~u, ho.: Your communication of yesterday is received and the following instructions are given in reply: You will require Colonel Murdoch to give over to the quartermaster all property taken by them from citizens of Missouri. Such as may be reclaimed by owners you will direct to be returned unless taken from persons directly giving aid and comfort to the enemy. When you know of depredations being committed by arme(l bodies of rebels within reach of you you can use your o~vn discretion about the propriety of suppressing them. I know your views about allowing troops to interpret the confiscation laws therefore no iiistriictions are required on this point. One thing I will add: Iii cases of outrageous marauding I would fully justify shooting the perpetrators down if caught iu the actI mean our own macn as well as the enemy. When you are satisfied that Thompsons men are conming in with honest intentions you may swear them, but in this matter I would advise great caution. As a rule it would be better to keep them entirely out of your camp or confine themim as prisoners of war. A few examples of coufinemeut would pre- vent others from coming in. U. S. GRANT, Brigaaier. General, Commanding. GENERAL ORDERS, HDQRS. DEPARTMENT OF THE MISSOURI, No. 13. $aint Louis, Mo., December 4, 1861. I. Lient. Col. Bernard G. Farrar is hereby appointed provost-niar- shal-general of this department. Capt. George E. Leighton is provost Page 234 234 PRISONERS OF WAR, ETC. marshal of the city of Saint Louis and its vicinity. All local provost- marshals will be subject to the orders of the provost-marshal-geiieral who will receive his instructions direct froiu these headquarters. II. It is represented that there are numerous rebels and spies within our camps and iu the territory occupied by our troops who give infor- ination, aid and assistance to the enemy; that rebels scattered through the country threaten and drive out loyal citizens and rob them of ilich property; that they furnish the enemy with arms, provisions, clothing, horses and means of transportation; an(l that insurgents are banding together in several of the interior counties for the purpose of assisting the enemy to rob, to maraud and to lay waste the country. All such persons are by the laws of war in every civilized country liable to capital punishment. The mild and indulgent course heretofore pursued toward this class of men has utterly failed to restrain them from such unlawful conduct. The safety of the coumitry and the protection of the lives and property of loyal citizens justify and require the enforcement of a more severe policy. Peace and war cannot exist together. We cannot at the same time extend to rebels the rights of peace and enforce against them the penalties of war. They have forfeited their civil rights as citizens by making war against the Government and upon their own heads must fall the consequences. IIJ. Commanding oflicers of districts, posts and corps will arrest and place in confinement all persons in arms against the lawful authorities of the United States, or who give aid, assistance or encouragement to the enemy. The evidence against persons so arrested will be reduced to writing and verified on oath and the originals or certified copies of such affidavits will be immnediately furnished to the provost-marshal- general in this city. All arms, amnmunition and other personal prop- erty required for the use of the army, such as horses, wagons, provis- ions, & c., be longing to persons so in arms or so assisting amid encour- aging the enemy will be taken possession of and turned over and accounted for. Such property not of a proper character for issue will be examined by a board of officers and sold as directed by the Army Regulations. J \T~ Commissions will be ordered from these headquarters for the trial of persons charged with aiding and assisting the cuemy, the destruction of bridges, roads and buildimmgs, amid the taking of public or private property for hostile purposes and also for the condemnation of property taken by our forces from disloyal inhabitants for the use of the army. V. In all certificates given for private property taken for public use in accordance with General Orders, No. 8, of this department, it will be stated whether the property was taken from loyal or disloyal persons and as a test of the loyalty of persons claimning to be such froni wlmom property is so taken officers commanding districts, posts, divisions or separate brigades are authorized to appoint some competent and reliable officer to require and administer the usual oath of allegiance to the United States. VI. All persons found in disguise as pretended loyal citizens or under other false pretenses within our lines giving information to or communicating with the enemy will be arrested, tried, condemmied and shot as spies. It should be remembered that in this respect the laws of war make no distinction of sex; all are liable to the same penalty. VII. Persons not commissioned or enlisted in the service of the so-called Confederate States who commit acts of hostility will not b Page 235 EARLY EVENTS IN MISSOURI, ETC. 235 treated as prisoners of war but will be held and punished as criminals. And all persons found guilty of murder, robbery, theft, pillaging and nlarall(ling under whatever authority will either be shot or otherwise less severely punished as is prescribed by the Rules and Articles of War or authorized by the usages and customs of war in like cases. VIII. The law of military retaliation has fixed and well-established rules. While it allows no cruel or barbarous acts on our part in retal- iation for like acts of the enemy, it permits any retaliatory measures within the prescribed limits of military usage. If the enemy murders and robs Union men we are not jnstified in uiiurdeiing and robbing other persons who are in a legal sense enemies to our Government but we may enforce oii them the severest penalties justified by the laws of war for the crimes of their fellow rebels. The rebel forces iii the south- western counties of this State have robbed and plundered the peace- ful non-combatant inhabitamits, taking from them their clothing and means of subsistence. Men, womeu and children have alike been stripl)ed and plundered. Thousands of such persons are finding their way to this city bare-footed, half clad and in a (lestitilte and starving condition. Humanity and justice require that these sufferings should be relieved and that the outrages committe(l upomi them should be retaliated upon the emmemy. The ill(hividnals who have directly caused these sufferings are at 1)1-esent mostly beyond our reach; but there are in this city and in other places within our lines numerous wealthy secessionists who render aid, assistance ami emicoili-agement to those who commit these outrages. They do not themselves rob and plunder but. they abet and countenance these acts in others; although less bold they are equally guilty. It is therefore or(Iered and directed that the provost-marshals immediately inquire imito the condition of the per. sons so (li-h-eli from their homes amid that measum-es be taken to quarter theai in the houses amid to feed and clothe tliemn at ~he expense of avowed secessionists and of those who are found guilty of giving aid, assistance and encouragement to the enemy. IX. The laws of the United States confiscate the propeity of any master in a slave used for insurrectionamy 1)urposes. Should Congress extend this penalty to the l)rol)erty of all rebels in arms, or giving aid, assistance and emicouragement to the enemy such pi-ovisions will be strictly enforced. Military officers do not make laws but they should obey and enforce themn when mnade. N. Where the necessities of service require it the forced labor of citizens, slaves and even prisoners of war may be employed imi the construction of militai-y defenses, but no one will be forced to such labor without orders from these hcadqnarters, cxcept iii case of siege or attack. All persons so impiessed will be fed and quartered at the public expense and an account be takeii of their labor to be settled as may be directed by the War Department. All such working parties will be strictly guarded and kept as far as possible from comninunicat- imig with the command where employed. XI. These orders may by some be i-egarded as severe but they are certainly justified by the laws of war and it is believed they ame not only right but necessary; it is thei-efore expected that all loyal citi- zens in this (Iepartment will assist the miiihitary authorities imi sti-ictly enforcing them. There is already a large military force in this State which is daily increasing in nuwbers and improving in organization and discipline. In a few weeks this force will be able not only to expel or punish all traitors amid rebels but also to strike the enemy in his strongholds Page 236 236 PRISONERS OF WAR, ETC. XII. All communications relating to prisoners of war will be directed to the provost-marshal-general to be by him laid before the command- ing general daily at orderly hours. By order of Major-General Hahleck: J. C. KELTON, Assistant Adjutant- General. SEDAL IA, December 9, i~61. General HALLECK: Colonel Magoffin, C. S. Army, asks for an interview with me. Shall I grant itl They say he is tired of the war. F. STEELE, Colonel, (tY3. SEDALIA, December 9, 1861. General POPE, Syracuse: Several loyal citizens have requested me to give Colonel Magoffin a safeguard to go home to see his wife (lie; she ca1)not last l)ut a day or two. Please answer ilnme(liately. F. STEELE, Colonel, (Jommandinq. I I1(IorseLIlellt.] What shall be donel 1 have telegraphed that if Colonel Magoffin will give his parole he can be l)eLIuitte(l to go on, otherwise I cannot. JNO. POPE, Briqa(lier- General. SEDALLA, 1)ecember 21, 1861. Major-General HALLEOK: Prisoners and arms go down to-morrow. I find among the prisoners after telegraphing you the notorious Colonel Magoffin who has lately violated his parole. He was conspicuous in the skirmish. I send him under charge of the guard in close confinement. Col. J. C. Davis goes in charge. His conduct was distinguished and will be properly noticed in my report. 1 hope he will not be detained in Saint Louis as he is much needed here. JNO. I~OPE, Brigadier- General, Cowman (I ing. HEADQUARTERS DISTRIcT oF CENTRAL MISSOURI, Otterville, 1)ecember 22, 1861. Major-General HALLECK: 1 beg to state in reference to prisoners sent down in charge of Col- onel Davis that much care should be observed in the examination and disposal of them which perhaps the provost-marshal-general in Saint Louis may not give. Many of the prisoners are the most dangerous men in this whole State and have been the most active and influentia Page 237 EARLY EVENTS IN MISSOURI, ETC. 237 in fomenting disturbances. One in particular, a Doctor Smith, is a man of large wealth owning nearly 200 negroes. Some of theni are not legitimately connected with the rebel forces and not entitled to the rights of prisoners of war. I suggest this to you lest some mistake be made in the office of the provost-marshal and men dangerous to the peace in a much greater degree and with less excuse than officers or enlisted men be turned loose on the country. I am, general, respectfully, your obediemit servant, JNO. POPE, Brigadier. General, Commanding. GENERAL ORDERS, IIDQRS. DEPARTMENT OF THE MISSOURI, No. 32. saint Louis, Mo., December 22, 1861. I. Insurgent rebels scattered through the northern counties of this State which are occupied by our troops under the guise of peaceful citizens have resumed their occupation of burning bridges and destroy- ing railroads and telegraph wires. These meu are guilty of the highest crime known to the code of war and the punishment is death. Any one caught in the act will be immediately shot, and any one accused of this crime will be arrested and placed iii close confinement until his case can be examined by a military commission and if found guilty he also will suffer death. II. Where injuries are done to railroads or telegraph lines the corn- nianding officer of the nearest post will immediately impress into serv- ice for repairing damages the slaves of all secessionists in the vicinity and if necessary the secessionists themselves and their property. Any pretended Union man having information of intended attempts to destroy such roads amid lines or of the guilty parties who does not communicate such intention to the proper authorities and give aid and assistance in arresting and punishing them will be regarded as Parti- ceps criminis and treated accordingly. III. Hereafter the towns and counties in which such destruction of public property takes place will be made to pay the expenses of all repairs unless it be shown that the people of such towns or counties could not have prevented it on account of the superior force of ~he enemny. By order of Major-General Halleck: J. C. KELTON, Assistant Adjutant- General. HEADQUARTERS DEPARTMENT OF THE MISSOURI, AS~aint Louis, December 23, 1861. Brig. Gen. B. NI. PRENTISS, Palmyra, Mo.: You will immediately repair to North Missouri Railroad and take command of forces there. Our troops are moving from Jefferson City, Etermaun, Warrenton and Troy against bridge-burners. Kill or cap- ture them. Keep me advised of your movements and force. II. W. HALLECK, Major- General Page 238 238 PRISONERS OF WAR, ETC. HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, December 23, 1861. Lient. Col. FRANK J. HERRON, Commanding, Pacific City, Mo.: Look out for bridge-burners. It is reported that concerted attempts will be made to destroy railroads and telegraph hues. Shoot down every one making the attempt. 11. W. HALLECK, Major- General. NOTE.A like telegram was sent to the following places: Command- ing officer at Sedalia, Otterville, Syracuse, Tipton, Jefferson City, Her- mann, L{olla, Sulphur Springs, Mineral Point, Ironton, Chillicothe, Cameron, and St. Joseph. SPECIAL ORDERS, No. 14. You are hereby ordered to immediately cause to be destroyed all rail. road bridges and telegraph wires in your vicinity. By command of Maj. Gen. S. Price: HENRY LITTLE, Assistant Adjutant- (Jeneral.~ HEADQUARTERS EIGHTEENTH MISSOURI VOLUNTEERS, Camp Osborn, December 24, 1861. Major-General HALLECK, Saint Louis. DEAR GENERAL: I send you the proclamation which I had caused to be issued for this rebellious district an(I which I think is 1)roducillg a very salutary effect. This is reported the most wealthy county in the State outside of Saint Louis and has heemi built up with the prodncts of the soil sold to the Government at Fort Leavenworth. I have sworn in about 800 citizens and I have two arrested for stating that they did not regard the oath. I think if I have them shot and make an exam- ple I can have peace and the parties who take the oath will regard it in future. Please advise me what course to pursue or leave it to my own discretion. I remain yours, with esteem, W. JAMES MORGAN, Colonel, Commanding this District. [Inclosure. I PROCLAMATION. WESTON, December 9, 1861. To THE CITIZENS OF WESTON AND PLATTE COUNTY: By orders from headquarters of the Army of North Missouri I occupy the city of Weston and surrounding country with the force under uimy Confederate. Printed as receivedwithout date or a(ldress. This order was probably issued several days earlier than the Halleck dispatch preceding it, but it is inserted liere for the obvious purpose of making uiore clear some of the events of this period Page 239 EARLY EVENTS IN MISSOURI, ETC. 239 command and take charge of the Platte County railroad. Two bridges had been destroyed with in six nilles of this town which I have repaired, and now I call upon and expect the loyal citizens of this county t6 aid me in keeping it from being farther disturbed. If any man knowingly allows said road. the engines, cars or other I)roperty belonging to it to be injured without giving me immediate notice lie shall be held respon- sible. If necessary for the protection of the road I shall cause troops to be stationed at or near the different bridges occupying the houses and buildings belonging to the rebels in the neighborhood. My regi- nient was 1aise(l in Missouri and it is my hearty wish to cultivate a friendly feeling wherever it may be stationed. I caine among you for the sole purpose of giving protection to the loyal people or those who may (lesire to become so and 1 wish to encourage all lawful pursuits all(1 avocations. It has been reported to me that many citizens have left their homes an(l families scattering themselves through the country. All such I desire to have return at once and become good, loyal citizens. They and their property shall be protected when they give evidence of loyalty. I have appointed Maj. Alfred Williams to act as provost-mar- shal for the city of Weston and County of Platte. Every person leav- ing the city or county will be require(I to obtain a passport from him. No negro will be allowed inside of camp lines without a written permit from his master and a pass from the provost-marshal, and especially will they iii no case be allowed to go from the State without express orders fr( mn their ni aster and tIm e provost-marshal. All fire-arms aiid ammunition in this city and vicinity not in posses- siomi of officers or soldiers in the U. S. serv~ce must be delivered up to the l)rovost-mnarshal except with express license to the contrary. All squads of armed men found spying about the country will be shot. This will lie rigidly adhered to. W. JAMES MORGAN, Colonel Ejyli teen th Regiment Missouri Vols., Commanding Post. COLUMBIA, Mo., J)ecember 26, 1861. General HA1~LEcK: I returned last night from Colonel Birges camp at Centralia on the North Missouri Railroad, and at the timne of my leaving he was prepar- ing to march toward Sturgeon, ten miles west, where Lieutenant-Coloiiel Coinpton with several companies was stationed and where his head- quarters will be for the present. Colonel Birge althoumgh without cavalry is doimug good service, but would be much mnore efficient if half of his muemi were mounted. The woods skirting the prairies swarm with armed rebels on horse- back and if you want the men who burned time bridges and who tore imp the track of the railroad now is the time to strike. Many of them are known for many of them live in this town an(l county and along the line of the road. We have their namnes, know themit amid they cami l)e taken; but to do this cavalry is required amm(I required now. Infantry especially in this rigorous weather can (10 little else thami guard prisoners and camp-stores. This arm of the service iiever caiu strike effectually the bushwhackers and bridge-burmiers who in fPst the country. I write therefore earnestly to urge you to order from Jefferson City or elsewhere to this place wheme we have excellent quarters for soldiers three or four companies of cavalry, assuring you that they will ver Page 240 240 PRISONERS OF WAR, ETC. soon send to your headquarters scores of the rebel incendiaries and returned soldiers from Prices army. Of the latter the country is full. Thei~e are at least from ten to twenty in this town at this moment. The great number of returned rebel soldiers throughout this and other couutie~ north of the river induces the suggestion that in all probability it is the purpose of Price to get most of his army over here scattered all through the country, and finally if possible to cross over himself and by a preconcerted movement assemble in fall force at some prearranged point. Be iuay look to the freezing of the river as a means of crossing it. Be this as it may now is the time to strike the bridge-burners and scatter the roving bands of rebels who are destroying the peace of the country, pillaging Unioii men of their property and arrestimig them. Two or three companies of Colonel Birges sharpshooters might be quartered for the winter in this place, ~itl~ a cavalry force to scour the country to strike the vandals aud disperse bands of armed rebels. Infantry cannot do this. If you wish it done; if you wish to avoid the necessity of having to fight on the south side of the river thousands upon thousands of armed secessionists send us on the north side a few companies of cavalry (to stay here) and the work will be done. Very truly, ~. F. SWITZLEII.] OTTERVILLE, December 27, 18G1. Major.General HALLECK. DEAR SIR: This letter will inform you that myself and many other loyal citizens residing iu the south portion of Benton amid the north portion of Dallas and Hickory Counties have been driven from our homes and have had to leave all that we possessed to be devoured by a worse than savage enemy and fly for refuge to the Federal army sta- tioned along the railroad. I find the Federal arniy at many points on the railroad badly furnished with winter quarters, and I think if you would send as many as two regiments to Warsaw, time county seat of Benton County, thirty-three miles south of Sedahia, they would find empty houses enough for comfortable winter quarters and also give l)rotectioIl to muany good, loyal citizens and save a vast amount of property that is now being stolen and destroyed by small guerrilla bands of rebels that are miow ravaging the country. If t~vo or three regiments of infantry and two or three companies of cavalry to act as scouts were stationed at Warsaw to give protection to the country the telegi-aph could very sooim be put in operation to Warsaw which would greatly facilitate our comumunication with the southwest. We however, submit all to your wiser judgment, amid sincerely hope that an unerring Providemice will direct you to make such a disposition of our army as will soonest put down the rebellion amid iestore peace and happiness to our beloved country. THOMAS JACKMAN. HEADQUARTERS DISTRICT OF CENTRAL MIssouRI, Otterville, December 29, 1861. Colonel DEITZLER, Commanding First Kansas: You will repair from this place by the most direct route to Lexington and thence by the road which most nearly follows the river to Inde- pendence and Kansas City. You will break up all secession camp Page 241 EARLY EVENTS IN MISSOURI, ETC. 241 you may hear of disarm all persons who cannot give undoubted proof of loyalty and arrest and take to Kansas City all persons who have been concerned in aiding the enemy. You will take such steps as are necessary to bring to punishment all persoiis along your route who have violated the peace or have in any way contributed to the support or countenance of Prices army. When you reach Kansas City you will report to Major-General Hunter, commanding Department of Kan- sas. Please hand the inciosed letter to the commanding officer of any portion of the forces named in it. Respectfully, sir, your obedient servant, JNO. POPE. Brigadier- Gcii eral, (Jommandinq. [Inclosure.] HEADQUARTERS DISTRICT OF CENTRAL MISSOURi, Otter rule, December 29, 1861. To the officers commanding detachments of Eighth Iowa, Seventh ]liis- souri, light artillery, and cavalry belonging to forces in this depart- ment: Immediately upon receipt of this order you will concentrate your forces at Kansas City where the senior officer present will assume the command. He will then proceed to Sedalia by way of Pleasant Hill and Warrensburg breaking up and dispersing all (amps of rebels and armed squads, disarmuing every persomi who cannot give undoubted proof of loyalty and arresting and bringing to Sedalia all persons con- cerned iii any way in having given aid, assistance or (,ountenallce to Prices army. JNO. POPE, Brigadier- General, Commanding. SAINT LOuIS, December 30, 1861. W. F. SWITZLER, Esq., Columbia, Mo. SIR: Your letter of the 26th is just received. Most of your sugges- tions have already been carried out and I think that by this time the insurgents in Boone and adjacent counties are pretty well cleaned out. My orders of the 22d instant* will sufficiently indicate the policy 1 intend to pursue against these incendiaries. 1 hope all Union men will assist the military in bringing them to justice. 1 intend to make the secessionists repair this damage with their own hands and property. All I want is proof that they have aided, abetted or countenanced the ol)erations of these rebels and they will be made to pay dearly for their whistle. Troops are moving in various directions to break up all these insurgent bands. They need hope iio assistance from Prices army. it is already in full retreat hotly pursued by our cavalry. If we reach himmi he will be cut up and defeated. If we cant reach him lie must fly from the State. His day in Missouri is passed. Until his army is broken up or driven into Arkansas 1 cannot spare troops to ierrna nently station them iii the different counties. All that I can possibly do in reference to that subject will be done. - Very respectfully, your obedient servant, JJ W. HALLECK, _______________________________________________ ilfajor- General. General Orders, No. 32, p. 237. 16 R RSER II, VOL Page 242 242 PRISONERS OF WAR, ETC. LANCASTER, OHIO ,i)eeember 80, 1861. Major-General HALLECK. SIR: I am pleased with the example which you have set on the North Missouri Railroad. The prompt execution of the scoundrels will do much good, bnt the destruction of the Little Platte River bridge and the promiscuous massacre of the railroad passengersmen, woiiieii and childrenought not to be lost sight of and buried up among or rather under recent enormities. A sufficient military force with a thw of the best police detectives to be procured in our large cities iniht bring to justice some twenty or thirty of those murderers, and it would do more good to detect and hang themim than to win a battle. These marauding bands are now the great mischief to Missouri. 1 am, very respectfully, yours, T. EWiNG. SAINT LOUIS, December 31, 1861. Brigadier-General POPE, Otterville. GENERAL: I send herewith the proceedings of a military commission ordered by Colonel Deitzler, First Kansas Regiment, for the trial of certain prisoners at Tipton, Mo., within the limits of yonr command. In the first place a military commission can be ordered only by the General-in-Chief of the Army or by a general commanding a depart- ment, consequently all the proceedings of the commission ordered by Colonel Deitzler are mmull and void. The prisoners are therefore in pre- cisely the same position as if nO trial had taken place. In the second place military commissions should as a general rule be resorted to only for cases which cannot be tried by a court-martial or by a proper civil tribunal. They are in other words tribunals of necessity, organized for the investigation and punishment of offenses which would otherwise go unpunished. Their proceedings should be regulated by the rules governing courts-martial so far as they may be applicable and the evidemice should in all cases be fully recorded. Prisoners of war, properly so calledthat is men duly enrolled and commissioned in the service of an acknowledged enemyare so far as the military authorities are concerned to be treated in the manner pre- scribed by the usages and customs of war. They are entitled to the rights of war but this fact does not exempt them from punishment by the civil tribunals for treason to the Government. But treason is aim offense technically defined by the Constitution and is miot triable by a military commission; nor will such tribnnal try or punish a soldier duly enrolled and mustered imito the enemys service by proper author- ity for taking life in battle or according to the rules of modern war- fare. But it is a well-established principle that insurgents and maraud- lug, predatory and guerrilla bands are not entitled to this exemption. Such men are by the laws of war regarded as no more nor less than murderers, robbers and thieves. The military garb and name cannot change the character of their offenses nor exempt themu from punish- ment. Moreover if a prisoner of war has comumitted acts in violation of the laws of war such as murder, robbery, arson, & c., the fact of his being a prisonei- of war does not exempt him from trial and punish- ment by a military commission. 1mm such cases the charge should be violation of the laws of war, and not violation of the Rules and Articles of War, which are statutory provisions modifyimig time laws o Page 243 EARLY EVENTS IN MISSOURI, ETC. 243 war oniy in the particular eases to which these provisions apply. In all cases not embraced in this statutory law and not made triable by the courts which it creates we must recur to the general code of war and try by a military commission. A niilitary commission will be immediately ordeied to assemble at La Mine cantonment for the trial of such prisoners as may be brought before it. You will furnish the judge-advocate with a copy of this let- ter for his guidance and will see that the charges and specifications are properly drawn up. Very respectfully, your obedient servant, H. W. HALLECK, Major- General. SAINT Louis, December 31, 1861. Brigadier-General SCHOFIELD, Commanding, & c. GENERAL: I inclose a memorandum of information * received here respecting the principal persons who originated or encouraged the arsons committed on the North Missouri Railroad, and also a communi- cation ft-oin Mr. Clay Taylor,* who you will observe is one of the parties accused although he was not aware of that fact when lie wrote. It is believed here that there is pretty good foundation for these charges. I wish you to get all the information on this subject you can and if you deem the evidence sufficient to justify it to arrest the parties. Do not let the contents of the memorandum be made public. If General Prentiss has taken the command of your forces you will of course report this letter to him. I also wish the matter of Mr. Clay Taylors complaint to be investigated and if injustice has been done him it must be repaired. I have had no information from you or General Prentiss for several days. Why is this ~ Very respectfully, your obedient servant, H. W. JIALLECK, Major- General. SAiNT Louis, December 31, 1861. Maj. Gen. HENRY W. HALLECK. DEAR SIR: Although not acquainted with you personally and there- fore claiming no right to obtrude myself upon your attention yet as a citizen of Missouri sworn to support the Constitution of the United States and of this State and under legal obligation not only to sustain all lawful authority but also morally bound to do all that in umy power lies to restrain authority within legal bounds, that all things may be done lawfully and in order so that the dread majesty of the law may be asserted as the supreme power in this land which all must obey, I cannot refrain from doing what in my power lies to support the Gov- ernment and to keep to the path of duty. For this purpose I have labored for months past through the public press in addresses to my fellow citizens, & c., constantly endeavoring to induce all to take and maintain the ground that in all things the law is our only master, and that all wrongs, civil and political, must be remedied by and through the methods the law points out. Usurpation of power is no excuse for revolution against those whose right to office is of limited duration, nor is lynch law the proper remedy for crime. * Not found Page 244 244 PRISONERS OF WAR, ETC. Having lived in this State for more than twenty years and being familiar with the opinions of its people, and understanding what have been their feelings, I desire to secure as charitable a judgment as possible of the conduct of those of my fellow citizens, who, driven by what they consider as outrages npon the liberties of the people and the authority of the State, have take up arms against the United States. Also had there been more charity in judgment among the people of the different sections of this country secession, rebellion and civil war would never have reared their horrid fronts in what was once the land of law. It is to ask this charity in judgmentthat sympathy which a father should feel while compelled to punish a disobedient son that law and order may prevail in his familythat I address you this letter. Permit me to make a few suggestions which I think capable of proof before any court ofjustice in which law is the rule ofjudgment, or to any fair- minded man. Secession has never been one of the political heresies of this State. Its legality has always been denied by the Democracy; it was always comisidered rank heresy by the old Whig party and by its successor, the Bell and Everett party, and the Breckinridge wing of the I)emoc- racy in the canvass of last year always denied that they held to the doctrine. The Presidential canvass of 1860 showed this to be the state of l)arties: Lincoln, 17,028, confined almost entirely to Saint Louis Gasconade and Cole and one or two other countieschiefly a German vote; Bell, 58,372; Breckinridge, 31,319 Douglas, 58,801; total, 165,518. One of the main arguments used against the Breckinridge party in the discussions was that the breaking of the party tended to a dissolution of the Union. We did not think how near to the abyss we were standing. During the session of the legislature finding what was its temper I was anxious in urging my friends to support the call for a convention so as to take the question of secession out of the hands of the general assembly and to submit the question of our federal relations directly to the people. The action of a large meeting of citizens iii Saint Louis with which I had much to do induced many who were wavering in the assembly to vote for a call of a convention. The convention was called and to the surprise of the secessionists in the assembly with Vest and Claib Jackson at their head there was a Union majority of more than 80,000nearly three to one. Such was the condition of affairs at the time of Mr. Lincolns acces- sion; such would have remained the condition of affairs had prudent, cautious means been used to lead the l)eople of this State rather than to drive them. But unfortunately those who had the ear of the Presi. dent were men whose sympathies were not in accord with those of the people, who had their own ends to subserve, who were reckless in assertion but positive in affirmation, and they were allowed to control things in Missouri as they saw fit. The opinions of the President and of the people of the Northern States were poisoned by those whose tem- per forbade their perceiving the real truth of things and whose pas- sions prevented their granting any charity to a political adversary. No voices were allowed to be heard save the voices of those who were morally traitors to their State as banding with a political party whose spirit was directly hostile to its institutions. Force was made master by those who were ignorant that law only has lawful authority, and instead of using the marshals writ they took the soldiers sword and the consequences have been terrible Page 245 EARLY EVENTS IN MISSOURI, ETC. 245 I say to you to-day, you who have been a lawyer and have studied the principles of Anglo-Saxon, I dare not say American freedom, that the United States marshal with his warrant could have le(l all the forces in Camp Jackson before a commissioner, a judge of the tTiiited States, for examination and commitment if they had committed any olThnse against the laws of the United States, or to be placed under bonds to keep the peace of the Union. But no, that would not subserve the purposes of those to whom was secretly eutrustc(l tho management of affairs in Missouri. The people who were suspected of being (hisloyal were to be terrified into abject submission. A bad way of dealing with Americans. iRemember that the President had not dcclared Missouri in insurrection nor commnandcd any insurgents to disperse. And yet militia assembled for instruction in accordance with an old law and with the Constitution and laws of Congress were takeii l~risoIIers of war when they had levied no war, and women and children fell a sacrifice. I grant that Governor Jackson meant mischief, lie was powerless; lie was watched by those who knew that as soon as lie reached a cer- taiim point the marshals warrant would be laid upon him amid his schemes, opposed as they were to f lie exprcsscd will of the people would have been crushcd. Genemal Ilarney was appointed. The meign of law was restored. Harney was memoved and the govemmmor, terri- fied by the past, called for 50,000 men and inaugurated civil war. No; he did not inaugurate ithe accepted an issue forced upon hint amid (leclared that lie was only sustaining the digmdty of the State. Now permit me to say that with the great mnass ot the imisimmgeiits that is the sole feeling that has actuated them. I know that it was so with Price, mind I thimik that within up to three weeks 1)ast that Price and his army would have laid down their arms upon liavimig fall assurance that the civil laws should be restored to aimfhtority amid that 110 h)llmiishimnemit should be inflicted for what they had domie. lVlamiy of the (leniagogiles desired to enter the Southern Confederacy but the masses were con- tent with the Union. I am of opinion still that terms could be made with Price which would disband his army and restore peace partially though not entirely, for marauders whose object was plumider would comitinue their work for some time before the reign of law could be restored. Thie principal feeling in tIme interior is against the Dutch or rather it was so in October when I was along the himies of maihroads and in that section between Cole and Coopei Coumities. I fear that it has gone mmmcli further now. The main strength of the insurgemits has been that they could point to the action of Federal troops and officers amid say that it was unconstitutional and illegal and evemi contrary to the rules and regulations. Men with arnis in their hands violatimig all law could not be heard urging such reasomis for their conduct. But muany quiet, good citizens who saw these things could miot samiction tliemn and could not defend them amid this weakened the Government. It requires either a very wise or a forgiving spirit to overlook the wromigs of those in official position and to have the patience to use only meamis of legal redress amid to follow up offenders until redress is obtained. But that shlirit has made English freedom what it is and that spirit only can preserve our American liberty. My greatest sorrow has been thiat I have seen so little of that spirit displayed by our people in this State and through the country. You have studied military law but have approached it from thie mili- tary side. I have studied it but have viewed it from the stamidpoin Page 246 246 PRISONERS OF WAR, ETC. of the Constitution and our civil law. With our Constitution all mili- tary law is the creature of the Constitution and of the laws of Congress. The Constitution, through its restraints and limitations npon the law of nations, so far as the rights of Americau citizens are concerned, and the citizen at home or with the army on foreign soil, can still claim that he may not be deprived of life, liberty or property but by the judgment of his peers or the law of the land. This feeling is very strong in the hearts of our citizens and the violations of these rights rankle deeply. Illegal exercise of authority is most grossly impolitic unless men are becoming despotic and seeking selfishly possession of power for themselves. A coup d4tat makes an emperor but not a free people. I shall not consume your time in discussing this question but refer you as a lawyer to two cases decided by the Supreme Court where the principles are laid down. In the case of Harmony against Lient. Col. D. D. Mitchefl, under Doniphans command in New Mexico, who seized the plaintiffs property, reported in 13 Howard, U. S. Rep., 113, 134, the court declared as the English courts had done that the military position of the officer in a foreign country could not enlarge his power over the property of the citizen nor give him any authority in that respect which he would not possess at home. And when the owner has done nothing to forfeit his rights every public officer is bound to respect them whether he finds the property in a foreign or hostile country or his own. That is very old law. Let me also refer you to the opinion of Ju.~stice Woodbury in the case of Luther vs. Borden in 7 howard, R. 45,on the question of the legality of martial law. 1 have already written much more than I intended, and shall not as a preacher would do make any practical application of the principles I have stated. When the bands of society are dissolved, when courts cease to operate and their process is set at naught I admit that the necessity of the case requires that the military authority should pre- serve the peace, using as much power as may be needed for that pur- pose and no more. Through the interior of this State no authority can now preserve the peace but the military, but it finds great difficulty in learning who are the parties guilty of burning bridges, tearing up railroads, & c. Let me make a suggestion which I made to Governor Gamble last summer, in order to discover these men and to learn how to deal with them. At the county seat in the clerks office will be found the poll books of the election in February last for the convention, and the asses- sors book for 1860. These poll books will give the names of the voters by townships and precincts; the assessments will give the names of those owning property, and through Union citizens and others the whereabouts of every man can soon be learned and a black list made of those who have been out. If a U. S. commissioner is present all such parties can be legally arrested for trial or put under bonds for the future when brought before a judge of the U. S. courts. The details of the plan I need not work out; it can be attended to through your provost-marshal. I have written this letter simply with the desire of doing good. If I succeed I am sufficiently rewarded. if I fail I have only consumed your time, for which I make my apology. Respectfully, yours, CHAS. C. WHITTELSEY Page 247 EARLY EVENTS IN MISSOURI, ETC. 247 SAINT Louis, January 1, 1862. Hon. T. EWING, Lancaster, Ohio. SIR: I thank you for your letter of the 30th ultinjo. I am satisfied that nothing but the severest punishment cau prevent the burning of railroad bridges and the great destruction of humau life. I shall punish all I can catch although I have no doubt there will be a newspaper howl against me as a bloodthirsty monster. These iiicendiaries have destroye(l in the last teit days $150,000 worth of railroad property not- withstanding that there are more thau 10,000 troops kept guarding the railroads in this State. A plot was discovered on the 20th ultimo to burn all the bridges in the State and at the same time to fire this city. Fortunately a part of the intended mischief was prevented. rfhis is not usually done by armed and open enemies but by pretended quiet citi- zens living on their farms. A bridge ~r building is set on fire and the culprit an hour after is quietly plowing or working in his field. The civil courts can give us no assistance as they are very generally unreliable. There is no alternative but to enforce martial law. Our arniy here is almost as much in a hostile country as it was when in Mexico. I have determined to put down these insurgents amid bridge-burners with a strong hand. It must be done; there is no other remedy. If I am sustained by the Government and country well amid good; if not I will take the consequences. Very respectfUlly, your obediemit servant, H. W. JIALLECK, Malor- General. MARTINSBURG, January 1, 1~62. Major.General HALLECK: I have thoroughly scoured the whole country as far west as the field of Prentiss fight. Have cal)tured about fifty prisoners, among the rest Captaimi Owen, time leader of the bridge-burners about High Hill, and Col. Jeff. Jones. Colonels Todd and Morton are now coming in toward Danville and Wellsville. Most of the bridge-burners not killed or cap- tured have passed back across the railroad. I am disposing my troops so as to protect the road and clean the country northwest of it. If it is (leenmed necessary to keep me in this command I would like to return to Saint Louis for a day or two. J. M. SCHOFIELD, Brigadier- General. GENERAL ORnERs, H DQR5. DEPARTMENT OF THE MISSOURI, No. 1. $aint Lonis, Janua.ry 1, 1862. I. 1mm carryimig on war in a portion of country occupied or threatened to be attacked by an enemy, whether within or without the territory of time United States, crimes and military offenses are frequently com- mitted which are not triable or punishable by courts-martial and which are not within the jurisdiction of aiy existing civil court. Such cases, however, must be investigated and the guilty parties punished. The good of society and the safety of the army imperiously demand this. They must therefore be taken cognizance of by the military pow-er, but except in cases of extreme urgency a military comnmander should not himself attempt to decide upon the guilt or innocence o Page 248 248 PRISONERS OF WAR, ETC. individuals. On the contrary it is the usage and custom of war among all civilized nations to refer such cases to a duly constituted military tribunal composed of reliable officers, who acting under the solemnity ot aim oath and the responsibility always attached to a court of record will examine witnesses, determine the guilt or innocence of parties accused and fix the punishment. This is usually done by courts-martial but in onr country these courts have a very limited jurisdiction both in regard to persons and offenses. Many classes of persons cannot be arraigned before such courts for any offense whatsoever, and many crimes committed even by military officers, enlisted men or camp retainers cannot be Pied under the Rules and Articles of War. Military commissions must be resorted to for such cases and these com- missions shonld be ordered by the same authority, be constituted in a sintilar manner and their proceedings be conducted according to the sante general rules as courts-martial in order to prevent abuses which might otherwise arise. 11. As munch misapprehension has arisen iii this department in rela- tion to this subject the following rules are published for the information of all concerned: First. Military commissions can be ordered omily by the General-in- Chief of the Army or by the commanding officer of the department, aII(l the proceedings must be sent to headquarters for revision. Second. They will be composed of imot less than three members, one of whom will act as judge-advocate and recorder where no officer is designated for that duty. A larger number will be detailed where the l)llbhic service will 1)erniit. Third. All the proceedings will be recorded and signed by the Presi- dent amid judge-advocate amid recorder as in the case of courts-martial. These 1)moceediligs will be governed by the saute rules as courts-martial so fbi as they mnay be applicable. Fourth. Civil offenses cognizable by civil courts whenever suclm loyal courts exist will not be tried by a military commission. It should therefore be stated in every application for a commissiomi whether or not there is any loyal civil court to which the civil offenses charge(l can be referred for trial. It nmust be observed, however, that many offenses which in time of peace are civil offemises become in time of war military offenses amid are to be tried by a military tribunal even imi places where civil tribummals exist. Fifth. No case which by the Rules and Articles of War is triable by a court martial will be tried by a military commissiomm. Clmarges there- h)re preferred agamnst prisoners before a mimilitary comnmissiomi should be violation of the laws of war, ammd never violatioti of the Rules amid Articles of War which are statutory provisions defining and mnodifyimig tIme general laws of war in particular cases and in regard to particular persons amid offenses. They do not apply to cases miot eiimbmaced in the statute; but all cases so embraced must be tried by a court-martial. In other cases we must be governed by the gemmeral code of war. Sixth. Treason as a distinct offense is defined by the Constitution and must be tried by courts duly constituted by law; but certain acts of a treasonable character such as conveying information to the emiemy, actimw as spies, & c., are military offenses triable by military tribunals and punishable by military authority. Seventh. The fact that those persons who are now carrying on hos- tilities against the lawful authorities of the United States are rebels and traitors to the Government does not deprive them of any of th Page 249 EARLY EVENTS IN MISSOURI, ETC. 249 rights of war so far as the military authorities are concerned. In our intercourse with the duly authorized forces of the so-called Confed- erate States an(l in the treatment of prisoners of war takeu from such forces we must be governed by the usages and customs of war in like cases. But the rights so given to such Prisoners by the laws of war do not according to the same code exempt them from trial and punish- ment by the proper courts for treason or other offenses against the Government. The rights which they may very properly claim as bel- ligerents under the general rules of belligerent intercoursecommercia bellicannot exempt them from the punishment to which they may have subjected themselves as citizens under the general laws of the land. Eighth. Again a soldier duly enrolled and authorized to act in a military capacity in the enemys service is not according to the code military individually responsible for the taking of human life in battle, siege, & c., while at the same time he is held in(lividnally responsible for any act which he may commit in violation ot the laws ot war. Thus he (anmiot be punished by a military tribunal for committing acts of hostility which are authorized by the laws of war but if lie has coin- mitted murder, robbery, theft, arson, & c., the fact of his being a pris- oner of war does not exempt him froni ti-ial by a military tribunal. Ninth. And again while the code of war gives certain exemptiomis to a soldier regularly in the military service of an eimemny it is a well- established principle that insurgents not militarily organized under the laws of the State, predatory partisans and guerrilla bands are not entitled to such exemptions; such meim are not legitimately in arms an(I the military name and garb which they have assumed cannot give a military exemption to the crimnes which they may comniit. They are in a legal sense mere freebooters and banditti and are liable to the same l)ullishment which was imposed upon gaerrilla bands by Napoleon in Spain, and by Scott in Mexico. By order of Major-General Jialleck: JNO. C. KELTON, Assistant Adjutant. General. ST. Louis, January 2, 18G2. CHARLES C. WHITTELSEY, Esq., ASaint Louis, Mo. SIR: Your letter of the 31st has becim received and its contents noted. You are entirely mi4aken in relation to the amminmus of Gemmeral Price. Time fairest offers have been made to hiimm~ but he scouts them amid says lie will fight the Federal Government to the bitter end. The time for conciliation I am sorry to say has passed. Nothing but the military power cami now put down the rebellion and save Union men in this State. It is useless now to try any other meinedy. Your suggestiolis about detecting railroad bridge-burners will receive due consideratiomi and be acted on where circamstammces will permit. Very respectfully, & c., H. W. HALLECK, Major- General. WELLSVILLE, Mo., January 2, iS 62. Col. J. C. KELTON, Assistant Adjutant- General, Saint Louis, Mo. COLONEL: I have the honor to urgently request the immediate action of the commanding general upon a matter which I regard of vita Page 250 250 PRISONERS OF WAR, ETC. iml)ortallce. Upon my arrival at Warreuton I found a battalion of Reserve Corps Cavalry under command of Major Ilollan the only cavalry at my disposal. These men bad l)receded me only a f~~v (lays but they had already murdered one of the best Union men in that vicia- ity and committed numerous depredations upon the property of peace- ful citizens. Since that time their conduct has beemi absolutely bar- barousa burning disgrace to the Army aud the Union cause. In 51)ite of all my efforts to the contrary they have plundered and destroyed the of them Union the State property of citizens 1 uany the best men in , to the amount of many thousands of dollars. Their officers either connive at it or else have no power to restrain their men. I cannot trust them out of my sight for a moment and of course they are of no use to me as cavalry so long as this is the case. I have succeeded in detecting five of the robbers amid have them in irons, and have arrested the major and one of the captains and placed them in close confinement. 1 have placed Lieutenant Sheldon, of my staff, in cominamid of the two companies at this post, but I cannot long spare hini from his proper duties an(l there are still three compaiiies at other posts and it is beyond my power to prevent their acts of robbery if I make any use of them. No doubt there are some good men in this battalioii but as a class they are ~vell-armed and well-mounted barbarians. I am tol(l there is at Bemiton Barracks a considerable force of good mounted men without arms. I therefore urgemitly request that a battalion of theni be sent without arms or horses amid that I be authorized to disniouimt and dis- arni Major Hollarms battalion and semmd it to Saimmt Louis. If sonie- thing of this kind be not done soon there will be very few Union mnemi in this part of the State. I will as soon as possible forward (~ha1ges against Major Ilollan, Captain Wemikel and the mcii I have arrested. Very respectfrilhy, your obediemit servant, J. M. SChOFIELD, Brigadier- General, (Jomni an ding. SAINT Louis, rlOltll(U!/ ~, 62. Brigadier-General S( HOFLELD, Welisrilie, Mo. GENERAL: Your letter of yesterday is just received. I haye no (avalry to seIl(l in L)lace of Hollans command. As 50011 as you can dispense with this command send it back to Benitoni Barracks. If you think time officers and men who are in ariest had better be tried there I will order a mnilitamy commissioir imnmnediately on yoiii seiidiiig the names of five officers suitable for such a court and one for recor(ler. If you think that they can better be tried here send all the prisoners amid witnesses to this city where theie is now a comnmnission in session; but (lOiit send them at the same time with the command. They will require a (lifteremit escort. The offenses of each should be stated fully so that charges arid specificatiomis may be drawn up here. If their crimes ame proved they will not be likely to escape I)mrnisllmneiit. hay- iling all the witnesses there I think a muilitary coumumissioir niight dispatch the cases in a few days. I SCim(l you a couple of memoranda which may help you in finding out some of the bridge-burners. The namnes of the writers are known to me and are represented as reliable men. Very respectfully, your obediemit servant, H. W. JIALLECK, Major- General Page 251 EARLY EVENTS IN MISSOURI, ETC. 251 HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, January 4, 1862. Brigadier-General SCHOFIELD, Wellsvtlle, Jib. GENERAL: It has been represented to me by Union men who live along the North Missouri Railroad that the best way to ascertain who are the bridge-burners would be to appoint a military commission to sit at Wellsville or Mexico who might try parties accused and compel witnesses to attend and give their testimony. For example it is said that one Wells, who lives at Mexico and is a rank secessionistalthough he pretends to be a Union maiihas two sons iii Prices army, or hadknows all about who are the bridge- burners in that part of the country and will give evidence if compelled to. Other names have also been given. If you think well of this and suggest the names of officers for such a commission I will order it. I can send one officer from here to act if necessary. It is all-important that these culprits be brought to justice and I hope you will not leave until you accomplish it. Those condemned can be brought here for punishment. Perhaps it would not be safe to exe- cute any one there. Yours, truly, II. W. JIALLECK, AkJor- (Jeneral. LANCASTER, OHIo, January 5, 1862. Maj. Gen. H. W. HALLECK, Saint Louis, Mo. DEAR SIR: The ground on which you can treat these railroad destroyers as military criminals is that they are within your lines in the guise of peaceful citizens, destroying life and property, and there- fore as secret enemies caught in the warlike act amenable to martial law. The secessionists cannot except to it for in Tennessee they hang all the bridge-burners they can catch, and in this case you very truly say severity is muercy. However, all you want is to protect life and property and perhaps the best way to do it is this: Try by a court-martial all that you have caught; hang at once two or three of the ringleaders in the presence of their fellows; sentemmce a dozen or twenty or even fifty of the most culpable and reprieve them for a time with the distinct understanding that they will be hanged according to sentence if further depreda- tions are committed by their associates but that they may hope for mercy if there is order and peace. Discharge the least culpable and let themn go home and carry the conditions with them with the assur- ance that if they themselves are caught again they will find no mercy. And in holding as hostages care should be taken to hold from each neighborhood, famnily and clique one or more. The scoundrels engaged at the Little I~latte deserve more severe handling than those you have caught for they deliberately planned and committed the most cruel, indiscriminate murder of mnen, women and children. I am, very respectfully, yours, T. EWING Page 252 252 PRISONERS OF WAR, ETC. SAINT Louis, January 6, 1862. Major-General HALLECK. GENERAL: The man you mention calling himself colonel in the State militia has authority to raise a regiment. You have seen the general order prohibiting all intermeddling with home guards and reserve corps. I will send him a copy of that order and of your note and if he continues to excite disaffection in either body in the U. S. service shoot him by all means as he will deserve it as well at my hands as at yours. I would like very much to see the shooting process begin and will undertake to provide you with suitable subjects (beginning with Jennison) until the service is purged from men who disgrace humanity and ruin the cause of our Government. Yery respectfully, your obedient servant, II. B. GAMBLE. SAINT Louis, January 7, 1862. H. R. GAMBLE, Governor of Missouri. M~ DEAR GOVERNOR: I hardly know what to (10 with the class of persons to whom you allude in your note which is just received. Reli- able gentlemen in the interior write that nearly every one of this class when released and allowed to return to their homes secretly assist in stirrimig up rebellion, bridge-burning, & c., and are continually sending imiformnation to Price of the state of aiThirs within our lines. Indeed I believe many of them pretend to give themselves up for that very 1)ur- pose and are nothing more or less than spies. Of course thieve are some honorable exceptions. I speak only of the mass. It seems to be too hard to arrest and confine all and yet it is (lifficult to nuake (uS- tinctions except in cases where their loyalty is fully vouched by reli- able Umiion men. The only feasible plan suggested is to require a stringent oath and parole ot honor of all persons released with the full understanding that they would incur the penalty of death by violating it. If they refuse to take this hold theni as prisoners of war subject to exchange as such if an exchange should be authorized. It is proposed more- over to permit no one to take this oath and receive his release unless we have very satisfactory assurances that lie will keep it. If after voluntarily taking it he shall violate it then impose the penalty with rigor. A few examples would probably put a stop to its violation. If however you can propose anything better I shall be most happy to receive your suggestions. I inclose a copy of the proposed oath and parole.* Very respectfully, & c., H. W. HALLECK, Major- General. WELLSVILLE, Mo., January 8, 1862. Major-General HALLECK, Commanding Department of the Miissouri, Saint Louis, Mo. GENERAL: I find here your ordert appointing a military commission in accordance with my suggestion and also your letter of the 3d *Not found. Omitted. Refers to Special Orders, No. 17, revoked in Special Orders, No .28,of January 10, 1862, for which see p. 254 Page 253 EARLY EVENTS IN MISSOURI, ETC. 253 instant iii which you mention five officers and a recorder as the 1nol)er number to constitute a commission. As some of the cases to be tried are very important ones it seems to me that the number of members should not be less than five. Since leaving Saiiit Louis I have takeii pains to learn the names of officers most suitable for such a court which I inclose and will take the responsibility of withholding the order already issued till I can hear from you. * * * * * * * We are progressing finely in ferreting out and arresting the bridge- burners. Colonel Morton canght twenty-nine of them west of Mont- gomery Monday night, and has obtained much valuable evidence against leading and influential parties some of whoimi are already in hands. Some arrests have beemi made and much evidence obtained at other points on the road. I think we will have no need of the coinmis- sion as a means of obtaining evidence but will probably have some important cases ready for trial by the time the soldiers are disposed of. * * * * * * * \Tery respectfully, your obedient servant, J. M. SCHOFIELD, Brigadier- General. HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, January 9, 1862. Maj. Gen. GEORGE B. MCCLELLAN, Washington. GENERAL: Yours of the 3d was received last evening* and has received my most careful consideration. * * * The insurrection in the northeast is not yet entirely suppressed. General Henderson had ami engagement yesterday near Mexico and captured forty prisoners. He expected another fight this morning. If any of our troops are withdrawn from there at present tIme scattered insurgents will collect and again destroy the railroad and telegraph line. We may expect, however, that most of these gangs will be broken up in the course of the next two or three weeks. * * * * * * * If the troops at Sedalia and ILlolla are not either sent against Price or put in position to keep him in check he will unquestionably return to the Missouri River where he will be received by a very large mass of insurgents who have concealed arms and ammunition. This informa- tion comes from so many reliable sources that I cannot doubt its cor- rectness. The question is therefore a very plain one. If a sufficient number of troops are to be withdrawn from Missouri at the present time to comistitute an expedition up the Cumberland strong enough to afford any reasonable hope of resisting an attack of the enemy we must seriously l)eril the loss of this State. * * * Very respectfully, your obedient servant, H. W. HALLECK, Major- General. * Omitted Page 254 254 PRISONERS OF WAR, ETC. MExico, January 9, 1862. Major-General HALLECK: I have about forty rebel prisoners (some for bridge-burning), ten cap- tured in battle yesterday. More will be captured to-day. Shall I send them to Saint Louis or will you send a commission to try them here l Please answer by telegraph. J. B. HENDERSON, Brigadier- General. MEXICO, Mo., January 10, 1862. Major-General HALLECK, saint Louis, Mo. GENERAL: It is represented to me by many of the most respectable citizens of this part of the State who have as they confess sympathized with the rebellion but have I think unquestionably been opposed to all such acts as bridge-burning, & c., that they now desire to pledge themselves in the most solemn manner that they will hereafter discharge to the fullest extent their duty as loyal citizens by discouraging all rebellions organizations and by giving information to the U. S. author- ities of every movement of the kind that shall come to their knowledge provided they can be secured in their persons and property from moles- tation by LI. S. troops. It appears to me that by exercising a wise discretion in granting such assurances ~f protection to men of well kitown respectability and influence much good may be done. If you approve of this proposition I will carry it out in such cases as I am perfectly satisfied are worthy of it. Very respectfully, your obedient servant, J. M. SCHOFIELD, Brigadier- (Jen eral, Commanding. SPECIALORDERS, ~ HDQRS. DEPARTMENT OF THE MISSOURI, INo. 28. 5 Saint Louis, January 10, 1862. 1. The order for the military commission to meet at Wellsville by Special Orders, No. 17, on January 8, 1862, current series, from these headqnarters, is hereby revoked and the following detail substituted to meet on Monday, the 13th instant at 10 a. in., or as soon thereafter as practicable for the trial of such persons as may be brought before it. 1)etail for the commission: 1, Lieut. Col. Samuel A. Holmes, Tenth Missouri Volunteers; 2, Capt. Richard Y. Lanius, Eighty-first Ohio Volunteers; 3, Capt. A. C. Todd Tenth Missouri Volunteers; 4, Siirg. John 0. Edwards, Third Iowa; 5, Capt. Martin Armstrong, Eighty- first Ohio, who will act as judge-advocate amid recorder. The commission will sit without regard to hours. * * * * * By order of Major-General Halleck: J. C. K ELTON, Assistant Adjutant- General. SPECIAL ORDERS, HDQRS. NORTH MISSOURI RAILROAD, No. 10. 5 Mexico, January 10, 1862. It being represented by C. M. Johnson, captain of a company of rebel troops organized in Saint Charles County, and defeated by the U. S. forces under General Prentiss near Mount Zion Church in Boone County, on the 28th of December, 1861, that the members of sai Page 255 EARLY EVENTS IN MISSOURI, ETC. 255 company are now desirous to lay down their arms and surrender them- selves as prisoners of war it is hereby directed that all of said company who shall so voluntarily surrender themselves to an officer of the U. S. army and deliver to him their arms shall be received and treated as prisoners of war, provided that if it shall hereafter appear that any of such men have committed any acts in violation of the laws of war such as burniiig of bridges and destruction of railroads those guilty of such acts shall be liable to all penalties prescribed by the laws of war. By order of Brigadier-General Schofield: H. HESCOCK, Acting Assistant Adjutant- General. HEADQUARTERS l)ISTRICT OF CAIRO, Cairo Januar Brig. Gen. E. A. PAINE, ~i 11~ 1862. Commanding Birds Point, Mo.: I understand that four of our pickets were shot this morning. If this is so aud appearances indicate that the assassins were citizens not regularly organized in the rebel army the whole country should be cleared out for six miles aroumid and word given that all citizemis making their appearance withimi those limits are liable to be shot. To exccute this patrols should be sent out in all (hirections and bring iimto camp at Bird~s Point all citizens, together with their subsistence, and require them to remain nuder pain of death and destruction of their property until properly relieved. Let no harm befall these people if they quietly submit but bring them in and place them in camp below the breast-works and have them l)roperly guarded. The intention is not to make 1)ohitical prisoners of these people but to cut off a dangerous class of spies. This al)plies to all classes and con(hitions, age and sex. If, however, womemi amid children prefer other protection than we afford them they may be allowed to retire beyond the limits indicated not to return until authorized. Report to mne as soon as possible every important occurrence within your comnian(l. U. S. GRANT, Brigadier- General, Commanding. HEADQUARTERS MIssOURI STATE GUARD, Camp at ASjpringfield, January 12, 1862. * Maj. Gen. H. W. HALLECK, Commanding U. S. Forces in the Western Department. GENERAL: I have received information that as mnajor-general corn- mnanding in this department you have either ordered or allowed the arrest of citizens in the pursuit of their usual and peaceful avocatiomis; that menofficers and privatesbelongimig to this army have been taken prisommers on the Kansas border and conveyed to Fort Leavenworth, and as such and for no other established offense or crime have been shot. in some cases I have learned that my discharged soldiers have been semzed whenever and wherever they have shown theniselves and tlmat they have been by military coercion forced into a servitude unknown to international and civilized usages in such cases. See Halleck to Price, p. 258 Page 256 256 PRISONERS OF WAR, ETC. I have obtained information that individuals and parties of men specially appointed and instructed by me to destroy railroads, culverts and bridges by tearing them np, burning, & c., have been arrested and subjected to a general conrt-martial for alleged crimes which all the laws of warfare heretofore recognized by the civilized world have regarded as distinctly lawful and proper. I have leariied that such persons when tried, if convicted of the offense or offenses as stated, are viewed as lawful subjects for capital punishment. These statements brought to me in various ways I cannot believe to be correct. It is upon this subject that I now propose to address you. It is necessary that we understand each other and have sonic guiding knowledge of that character of warthre which is to be waged by our respective governments. This understanding should l)e given at once. It is desirable both by you and me. iloth armies desire it and the exigencies of the war demand that some certain rules should be the basis of our conduct and control. Delay is fatal. It cannot be allowed. We must understand each other. Do you intend to continue the arrest of citizens engaged in their ordinary peaceful pursuits and treat them as traitors and rebels; if so will you make exchanges with me for such as I may or will make for similar causes? Do you intend to regard members of this army as persons deserving death whenever and wherever they may be captured or will you extend the recognized rights of prisoners of war by the code of the civilized world? l)o you regardamid state as such the law governing your armythe (lestruction of imnportammt roads, trans- portation facilities, & c., for military purposes as the legal right of a belligerent power? Do you intend to regard mneim wimoni I have specially dispatched to destroy roads, burn bridges, tear up culverts, & c., as amenable to an enemys court-martial or will you have them to be tried as usual by the proper authorities according to the statutes of the State? It is vastly important to the interests of all parties concerned that these momentous issues should be determined. No man deplores the horrors of war more than I do; no one will sacrifice more to avert its (lesolating march. Each party must be heard. Each must have a kind of common l)rotection. I am willing to afford this. It remains with you to decide the questiomi with that framikuess which attends your official (oummunicatiomis. I await your reply. I am, geimeral, very respectfully, your obedient servant, STERLING l~llICE, ]Ihtjor- General, Commanding Jllissouri ASt ate Guard. HEADQUARTERS DISTRICT ov CAW.o, Cairo, January 12, 18(2. General E. A. PAINE Commanding $eeond Brigade, Bird8 Point, Mo.: The citizens brought in under directions of yester(lay may be put in tents as suggested by you. They can use the tents of troops who do not go out with you or such surplus tents as may be in the hands of troops at J3irds Point. If you have reason to believe that the par- ties guilty of shooting our pickets are discovered inform me and I will order a court or commission that will act without delay. U. S. GRANT, Brigadier- General, Commanding Page 257 EARLY EVENTS IN MISSOURI, ETC. 257 IIIEADQUARTERS DEPARTMENT OF THE MIssouRI, saint Louis, January 14, 1862. Maj. Gen. GEORGE B. NIOCLELLAN, General- in- Chief of the Army, Washington. GENERAL: Advices receive(1 from scouts and spies who have been in the enemys camps lead to the belief that Prices pretended retreat was a ruse intended to deceive ns. He fell back rapidly from Osceola to Springfield giving out the report that he was intending to retire to winter quarters in Arkansas. it was expected that on receiving infor- nziation of this retreat we would withdraw the mass of our forces at Rolla and Sedalia for operations against Columbus. As soon as this had been (lone Price was to return with re-enforceinents from Arkansas and march rapidly to Lexington and Jefferson City. In the meantime his emissaries were to destroy all railroad bridges and telegraph lines so as to prevent our sending troops against him. This city was at the same time to be set on fire at different places and a general insurrection was to break out here and in all the northern counties of this State. Tue tinme of the burning of the bridges was deterumined by private signals of which we have discovered thousands scattered through the country. Fortunately I was warned in time to protect this city and the principal bridges. Much damage, however, has been done at places where it was least expected, as near Quincy, Palmyra, hudson, Mexico, & c., almost under the noses of our troops. At other places my tele- grams were received in time to save the bridges. Evidences of this l)lan of the enemy have been received from so many sources as to leave very little doubt of its correctness. The arrangements made to break up the bands of bridge-burner sin the northeastern counties of the State have been very successful. Im- mediately after the burning had commenced a small force of cavalry started in the cars from Hudson City. In this way they surprised a large party of secessionist~, killed 8 took horses, & c. On the 28th ultimo , a number of prisoners, General Prentiss with 240 of Colonel Glovers cavalry and 200 of Colonel Birges sharpshooters attacked a body of rebels under Colonel Dorsey about 900 strong at Mount Zion, Boone County, and dispersed them. Enemys loss rel)orted 150 killed and wounded, 35 prisoners, 95 horses, and 105 guns captured. Our loss 3 killed and 11 wounded. This disparity resulted from the long range of the rides of our sharpshooters. Several other skirmishes have taken I)lace and some 200 prisoners taken. Brigadier-General Schofield captured about 50 in the vicinity of Mexico. The enemy has scattered in every direction but as our troops are scouring the country thoroughly I think many of the bridge- burners will eventually be caught. Most of them are from Prices ariiiy and have returned home under the pretense that they were Union men impressed into Prices service. No reliance whatever can be placed upon these pretended refugees from. military impressment. * * * * * * * Very respectfully, your obedient servant, II. W. HALLECK, Major. General. 17 R RSER 11, VOL Page 258 258 PRISONERS OF WAR, ETC. SAINT LouiS, January 1 1, 1%2. L. THOMAS, Adjutant-Genera 1: The superintendent of the Quincy and Palmyra Railroad declines to rebuild the bridges recently burned by the rebels. There are 600 tons of U. S. property at Quincy for transportation over this road. There are three plans proposed: First, that the United States rebuild these bridges, the Quartermasters Department paying expenses to be reini- bursed from ordinary rates of transportation; second, that the United States take possession of the road making repairs and using it for Government purposes; third, that secessionists of Marion and Rolia Counties be made to repair damages or pay expenses of such repairs. I approve the third plan and will execute it if authorized by the War Department. An immediate answer requested. The public service requires a prompt decisioll of the question. 1 am ready to act. H. W. HALLECK, Major- General, Commanding. WARRENTON, January iR, 1862. Brigadier-General PRENTISS, Palm yra, Mo.: I am informed that by the removal of thc U. S. troops tlie bridges on the Hannibal and Saint Joseph Railroad are left unguarded. The six months State troops are to be mustered out on the 25th instant. Can you furnish troops enough to take care of the road or must I delay the mustering out? I will go to Hudson to-morrow. Where shall I find you? J. M. SCHOFIELD. SAINT LouiS, January 22, 1862.* General STERLING PRIcE, Commanding, & e. GENERAL: * * You also complain that individuals and parties of men specially appointed and instructed by you to destroy railroads, culverts and bridges by tearing them up, burning, & c., have been arrested and subjected to a general court-martial for alleged crimes. This statement is in the main correct. Where individuals and parties of men violate the laws of war they will be tried and if found guilty will certainly be punished whether acting under your special appoimitment and instructions or not. You must be aware, general, that no orders of yours can save from punishment spies, maraud- ers, robbers, incendiaries, guerrilla bands, & c., who violate the laws of war. You cannot give immunity to crime. But let us fully understand each other on this point. If you send armed forces wearing the garb of soldiers and duly om~ganized and enrolled as legitimate belligerents to destroy railroads, bridges, & c., as a military act we shall kill them if possible in open warfare, or if we capture them we shall treat them as prisoners of war. But it is well understood that you have sent numbers of your adherents in the garb of peaceful citizens and under false pretenses through our lines into ~orthern Missouri to rob and destroy the property of Union men and to burn and destroy railroad bridges thus emidangering the lives of thousands, and this too without any military necessity or possible See Price to lialleek, p. 2~5 Page 259 EARLY EVENTS IN MISSOURI, ETC. 259 military advantage. Moreover peaceful citizens of Missouri quietly working on their farms have been instigated by your emissaries to take up arms as insurgents and to rob and plunder and to commit arson and murder. They do not even act nuder the garb of soldiers but under false pretenses and in the guise of peaceful citizens. ~7ou certainly will not pretend that men guilty of such crimes although specially appointed and instructed by you are entitled to the rio-hts and immunities of ordinary prisoners of war. If you do will you refer me to a single authority on the laws of war which recognizes such a claim? You may rest assured, general, that all prisoners of war not guilty of crime will be treated with all proper consideration and kind- ness. With the exception of being properly confined they will be lodged and fed and where necessary clothed, the same as our own trooI)s. I am sorry to say that our prisoners who have come from your camps do not report such treatment on your part. They say that you gave them no rations, no clothing, no blankets, but left them to perish with want and cold. Moreover it is believed that you subsist your troops by robbing and plundering the non-combatant Union inhabitants ot the southwestern counties of this State. Thousands of poor families have fled to us for protection and support. They say that your troops robbed them of their provisions and clothing, carrying away their shoes and bedding an(1 even cutting cloth from their looms and that you have driven women and children from their homes to starve and perish in the cold. I have not retaliated such conduct upon your adherents here as Ii have no intention of waging such a barbarous warfare; but I shall whenever I can punish such crimes by whomsoever they may be committed. I am daily expecting instructions respecting an exchange of pris- oners of war. I will communicate with you on that subject as soon as they are received. Very respectfully, your obedient servaiit, H. W. IIALLECK, Major- General, Comma ~din~j Departrn~n t. HEADQUARTERS NORTh MISSouRI RAILROAD, Mexico, January 23, 1862. Brig. Gen. BENJAMIN LOAN, Saint Joseph, Mo.: General Prentiss desires that you station a guard at each one of the bridges from Saint Joseph to Grand River inclusive. J. M. SCHOFIELD, Brigadier- General. HEADQUARTERS NORTH MISSOURi RAILROAD, & (iflt Louis, January 27, 1862. Maj. W. M. STONE, Third Iowa Volunteers, Comdg. Post, Mexico, Mo. MAJOR: The commanding general desires me to advise you in regard to Col. Jeff Jones, now held as a prisoner by you, that you will release him from confinement upon the following conditions, viz: He must give his bond in the sum of $10,004) that he will not leave the county of Callaway, Mo., without the written permission of Brigadier-General Schofield and that he will report in person at ally military post in hi Page 260 260 PRISONERS OF WAR, ETC. command immediately after a notice to do so shall have been left at his residence. Upon the execution of his bond as above you will give him a certificate of release and a safeguard forbidding any United States or State troops from molesting bun or his family ~1I person or property until the charges against him shall have been examined and disposed of. Very respectfully, your obedient servant, C. W. MARSH. HEADQUARTERS NORTH MIssouRi RAILROAD, Saint Louis, Mo., January 27, [18621. Capt. LEONIDAS HORNEY, Tenth Missouri Volunteers, Corndg. Post, High Hill, Mo. CAPTAIN: The general directs me in reply to your commuiiication of the 22d instant* to say that all prisoners against whom there is any evi- dence either of being engaged in or of aiding or abetting those who are engaged in the rebellion shall be kept and the evidence against them reduced to writing. You will of course use the utmost diligence in ferreting out the bridge-burimers and arrest if possible all who have been guilty of fmiii- nishing them with tools or arms. Your attention is particularly directcd to the wealthy and influential secessionists in your vicinity against whom you iiinay find evidence of complicity with the bridge-burners. In regard to wagons, & c., you must apply to your regimental quarter- master who should have drawn sufficient for the regiment. Sul)phes of provisions will be furnished in accordance with General Orders, No. 6. Very respectfully, your obedient servant, C. S. SHELDON, Lieutenant and Aide-dc- Camp. HEADQUARTERS NORTH MissouRI RAILROAD, Saint Louis, Mo., January 30, 1862. Captain BROADHEAD, Assistant A djutant- General, Louisiana, Mo.: As soon as you can conveniently do so I desire you to go to Mexico and take all the prisoners at that place against whom there is satisfac- tory evidence of bridge-burning and like crimes and the witnesses in their eases and carry them to Palmnyra for trial, it may also be neces- sary for you to remain at I~almnyra during the trial to assist in present- ing the evidence. This you can determine by consulting with the judge-advocate of the commission. The commanding officer at Mexico will furnish you the necessary guard for the prisoners. Very respectfully, your obedient servant, J. M. SCHOFIELD, Brigadier-General. WASHINGTON, January 31, 1862. Maj. Gen. HENRY W. HALLECK. SIR: It occurs to me that it would be judicious if practicable to (li5pO5C of bridge-burners and other persons caught in citizens dress Not found Page 261 EARLY EVENTS IN MISSOURI, ETC. 261 within our lines and engaged in hostile operations in such garb as spies deserving death as such according to the laws of war. I fear it will be difficult to justify military executions for bridge-burning alone. Respectfully, your obedient servant, BRITTON A. HILL. P. 8.The mud is knee-deep and has been for two weeks and more. No advance can be made by the Army of the Potomac in this state of the roads. The enemy have doubtless transferred several of their crack icgiments to Kentucky upon the l)resHI~nPtio1I that no advance can be itiade here by us. MILITARY CoMMissIoN, Dan cille, January 31, 1862. Brig. Gen. J. M. SCHOFIELD, & nnt Louis, Mo. GENERAL: The military commission has finished the cavalry cases aiid is now engaged upon the bridge-burners. The records, eight in number, in the first named will be forwarded to-day. We have com- menced and partially finished three of the railroad cases and are proceeding as fast as possible. We have been somewhat delayed by reason of absence of witnesses and other causes but 1 think iiow that we will be able to dispose of the business at this point in a short time. Very respectfully, & c., SAMUEL A. HOLMES, President f Commission. HEADQUARTERS DiSTRICT OF CENTRAL MIssouRI, Ottervilte, February 1, 1862. Cal. JOHN D. STEVENSON: You will repair to Lexington, Mo., and take post at that place quar- tering your men in l)ublic buildings so far as practicable aiid taking such other buildings belonging to disloyal citizens as may be necessary for the remainder. You are charged with preserving the peace in that section and main- taining the authority of the Government, and you will accordingly be guided in your action by the orders hitherto issued from the I)epart- ment and these headquarters. All organizations against the peace of the State or the Government of the United States will be put down whether armed or unarmed, and all persons carrying on guerrilla war- fhre or giving aid to the enemy will be arrested and kept in confine- inent. Written charges against each with the testimony to substan- tiate them will be forwarded to the provost-marshal-general in Saint Louis who will issue the necessary order for their disposition. All plunder and outrage committed upon the property or persons of peaceful citizens is a disgrace to the service and a serious injury to the discipline and efficiency of the troops concerned in it. You will there- fore keep mounted patrols through the country in the vicinity of your post with orders to shoot down any soldiers engaged in depredating upon property or outraging peaceful citizens. This paragraph of your instructions you will publish to your command and have strictly executed. - * * * * * * * I am, colonel, very respectfully, JNO. POPE, Brigadier- General, Commanding Page 262 262 PRISONERS OF WAR, ETC. SAINT Louis, Mo., February 3, 1862. (Jol. J~ C. KELToN, Assistant Adjutant- General, Department of the Missouri. COLONEL: I have directed Capt. Edward Harding, of the Missouri Militia, to superintend the building of block-houses at the Peruque and Salt River bridges on the North Missouri Railroad as recommended by Lient. Col. J. B. McPherson in his report of January 12 to Brigadier- General Cullum. I respectfully request the major-general commanding to give me the authority required by paragraph 905, Army Regulations for 1861, to employ extra-duty men for this purpose. Very respectfully, your obedient servant, J. M. SChOFIELD, Brigadier- General. CoLviurnA, Mo., February 3. 1862. General HALLECK: 1 am reminded by the inclosed letter from Doctor Dinwiddie, one of our most intelligent and reliable Union men, of the lamentable fate which awaits the condemned bridge-burners from this connty and I join him in the hope that you will commute their punishment. I will make no argument for you have no time to read it if made but will add that the reasons indicated in Doctor Dinwiddies letter are those which I would amplify, adding further that Colonel Merrills command here has now in prison the two ring-leaders in the bridge-burning and the captains of the ignorant youths under sentence of death. These leaders names are Captains Watson and Petty. Merrills command, now in charge of Lieutenant-Colonel Shaffer, is doing great good for the Union cause heregreat iimdeed, but still hard work to do and are doing it. Very truly, WM. F. SWITZLER. llnclosure. 1 GREENLAND, Mo., February 2, 1862. Mr. W. F. SWITZLER. DEAR SIR: 1 take the libertytowriteyouafewlinestotrytogetyou to use your influence in behalf oC those men who are sentenced to execution for burning bridges, & c. Two of these, namely, Stephen Stott and John Patton, were my nearest neighbors and I feel a great deal of sympathy for them and their friends. Each of them have an aged mother, broth- ers and sisters living in sight of my house with whom I greatly sym- pathize, and if anything can be (lone to influence General Halleck or whoever ha.s the power to pardon them or commute their punishment I would be glad to have it done. My reasons for desiring their pardon are many and such as in my estimation ought to have much influence with the authorities if duly considered. First. These men are comparatively ignorant. Neither of these, my neighbors, knows a word of the alphabet, consequently unable to get any information from reading and I am certain that they have been coaxed and persuaded into this matter fraudulently by false rep- resentations by wicked and designing men and had they known the consequences or the penalty for such conduct they never would have engaged in it. Secondly. If General Hallecks order had been issue Page 263 EARLY EVENTS IN MISSOURI, ETC. 263 prior to the commission of these crimes and the penalty clearly set before them then there would be less palliation for their crimes. I think under the circumstances it would be a magnanimous act to exer- cise the attribute of mercy toward these deluded men. Thirdly. The execution of these men would have a most disastrous effect on the Union cause and would prove a very curse to the Union mcii who are scat- tered about the country iu a defenseless condition. It will excite in the minds of friends of these men and secesh generally a spirit of revenge which will never be allayed excopt in the assassination of very many Union men, and if Governor Gamble or General ilalleck wishes to do an act which will tend to restore quiet and benefit the Union men and save them from plunder and assassination let them pardon or com- mute the punishment of these men. If the authorities do not wish to exercise mercy toward these prison- ers I think they ought at least to do so as an act of mercy to those who have stood firm by the Union, and whose lives will be greatly endan- gered by the act. These with many other reasons which might be named I think ought to influence those.in whose hands are the lives of these men. You will confer a favor on this whole community as well as myself if you will use your influence and get others in your city (Union men) to do the same in this matter. I would respectfully sug- gest that you and Guitar and Moss Prewitt and others of the same character present the case by letter or otherwise to Governor Gamble, General ilalleck, and if proper to James S. Rollins to obtain the opinion of the President in the matter. I have no doubt but that the execution of these men would prove more disastrous to the good cause than anything or everything that has transpired in this region. If you are well disposed in this matter your immediate atteiition will be prop- erly appreciated. If anything is done it ought to be done quickly. Yours respectfully, A. S. DINWIDDIE. CiRCULAR.] Hn~Rs. DEPARTMENT OF TIlE MIssouRI, Saint Louis, Mo., February 14, 1862. 1. All persons who are known to have beeii in arms against the United States or to have actively aided the rebellioii by word or deed are to be arrested. Those who are accused of acts in violation of the laws of war such as destruction of railroads and bridges or private property, firing into trains, assassination, & c., will not be released on any terms but will be held for trial before a military commission. II. Notoriously bad and dangerous men though no specific act of disloyalty can be proven against them will be kept in custody and their cases referred to the commanding general. III. Prisoners not included in either of the above classes may be released upon subscribing to the usual oath and giving a sufficient bond with good secarity for their future good conduct. IV. The bond and oath should be of the form inclosed herewith.* The amount of the bond should in ~o case be less than $1,000 and in some cases should be much larger, varying according to the wealth, influence and previous conduct of the party. The security should in prefer- ence be a secessionist. V. Persons now engaged in recruiting for the rebel army, aba those enrolled for the rebel service, will be arrested and held as pri~ oicrs of Omitted as unimportant Page 264 264 PRISONERS OF WAR, ETC. war. In addition to this all proI)erty belonging to such persons and which can be used for military purposes such as horses mules harness and wagons, beef cattle, forage, & c., will be seized and turned over to the provost-marshal to be disposed of according to the orders of the commanding-general of the department. VI. Where persons who have been in the rebel service voluntarily come forward and take and subscribe to the oath of allegiance and parole and are released on bonds all property not of a military char- acter taken from them will be restored. By command of Major-General Halleck: N. H. McLEAN, Assistant Adjutant-General. HEADQUARTERS NORTH MISSOURI RAILROAD, $aint Louis, February 14, 18G2. Lieutenant-Colonel HOLMES, Tenth Missouri Vols., President Mu. Corn., Dan ci lie, lEo. COLONEL: I am directed by the commanding-general to inclose to you the accompanying testimony* against Col. Jeff. Jones, of Call away County, for your4information. Whenever you may judge that you have sufficient evidence to convict the said Jones or for other purposes shall think it best so to do you will summon him for trial before your com- mission and send to Fulton for such witnesses as you may think neces- sary. Colonel Morton will furnish whatever force may be requisite to execute your orders. Very respectfully, your obedient servant, C. S. SHELDON, Lieutenant an(l Aide-dc- (lamp. SAINT LOUIS, Mo., February 15, 18G2. J. F. JONES, Esq. SIR: I have not found time heretofore to answer your letter of the 5th instantt and now can say but little. I have no doubt you have suffered much inconvenience from the loss of the use of your teams, & c., and I have no more doubt that all you have been or will be made to suffer will fall far short of atoning for the misery caused by you not only to Union men but to the misguided (lupes who have yielded to your baneful influence. The evil effect prO(luced by the active influence of a man of your wealth aiid position can hardly be counterbalanced by the loss of a few wagons and horses. I would not, however, do any man injustice nor condemn without a fair trial evemi one whom I knew to be guilty. I will have your case investigated by the proper tribunal as soon as possible. Until this is done I can make no decision in the case. I should be gratified if you are found less guilty than I believe you to be. Yours, truly, .1. M. SCHOFIELD, Brigadier- General. * Not fowid. See trial of Jones, p. 4743, and General Orders, No. 15, Department of the Mississippi, releasing Jones after his acquittal. Not found Page 265 EARLY EVENTS IN MISSOURI, ETC. 265 GENERAL ORDERS,) HDQRS. DEPARTMENT OF THE MIssouRI, No. 44. & (int Louis, February 20, 1862. I. In consideration of the recent victories won by the Federal forces and of the rapidly increasing loyalty of citizens of Missouri who for a time forgot their duty to the flag and country the sentences of John C. Tompkins, William J. Forshey, Joha Patton, Thomas M. Smith, Stephen Stott, George H. Cunningham, Richard B. Crowder and George M. Pulliam , * heretofore condemned to (Icath, are provisionally mitigated to close confinement in the military prison at Alton. If rebel spies again destroy railroads and telegraph lines and thus ren(ler it neces- sary for us to make severe examples the original sentences against these men will be carried into execution. II. No further assessments will be levied or collected from any one who will now take the prescribed oath of allegiance. III. Boards or commissions will be appointed to examine the cases of prisonei s of war who apply to take the oath of allegiance and on their recommendation orders will be issued from these headquarters for their release. By command of Major-General Halleck: N. IL McLEAN, Assistant Adjutant- General. HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, February 21, 1862. Maj. Gen. GEORGE B. MCCLELLAN, Gen eral-in- Chief, IVashingtou. GENERAL: For the events of the last two weeks I must refer you to my telegrams having had no tinie to write. Our successes on the Ten- nessee and Cumberland and in the Southwest together with the strin- gent measures taken here have completely crushed out the rebellion in this city and State; no more insurrections, bridge-burnings and hoisting of rebel flags. * * * * * * * Very r es~)ectfully, your obedient servant, 11. W. IIALLECK, Major- General. ALTON, ILL., February & 2, 1862. Col. BERNARD G. FARRAR, Provost-Marshal- General. COLONEL: Allow me to suggest that you get General Schofield to instruct Colonel Burbank to recall the parole of Captain Sweeney, a (lesperado, who has committed more outrages in North Missouri than any other bandit of the whole secession horde. He is not a commis- sioned officer even in Prices army an(l his character is so well known here that all the army officers and principal citizens complain that lie should be suffered to swagger about the streets and public places (leclaring that he would not observe his parole one moment longer than suits his convenience. All the secesh officers here have received new and elegant uniforms since General Hamilton paroled them. They were mnanufactured in Saint Louis by M. J. Murphy. They are making See Trial of the Bridge Burners, etc., pp. 374 to 406, for the proceedings against these men Page 266 266 PRISONERS OF WAR, ETC. quite a swell here. The army officers have generally quit the principal hotel on account of the swarm of gray uniforms. They do not like to mix with them. All the prominent secessionists are here in conclave with the rebel officers continually. They ought to be moved off to Chicago or some more distant point. What will I do with the poor devils released ~ They have not a cent. I am iu want of the blanks. We have examined about 300. I propose to them the alternative of the oath and bond or a parole to go home and await exchange. They all prefer the oath. Only some five or six prefer a parole and exchange. Those I will leave here. How about the bond ~ Shall I give them parole of three weeks to fill and return it~ Respectfully, your obedient servant, TItO. C. FLETCHER. [Indorsement.] HEADQUARTERS DEPARTMENT OF THE MISSOURI, February 2S, 1862. COMMANDING OFFICEI~,Alton: Direct that Captain Sweeneys parole be withdrawn and he be returned to prison. The paroles of all other officers now in Alton will also be withdrawn and they be sent with an escort to Columbus, Ohio. By order of Major-General Halleck: N. H. McLEAN, Ass ist(( itt Adjutant- General. HIcKoRY PLACE, CARROLL COUNTY, Mo., February 21, 1862. Maj. Gen. H. W. HALLECK, (Jonimanding. DEAR SIR: Circumstances by which myself with others are sur- rounded make it necessary that I should trouble you for the moment. I was discharged as a prisoner of war on the 18th instant by taking an oath of allegiance to the General Government of the United States. To maintain that oath inviolate is my greatest ambition. General, I should never have been anything .but a Union maii if it had not been for the outrages of men who call themselves home guards and who never belonged to any regular army. The night after I got home while in my bed very sick there were ten of those jayhawkers who broke into my house and abused me very much. After leaving my house they went to an old mans house who was perfectly blind with a helpless flimily dependent upon him and took from him almost half be possessed on earth. He was a man who had never taken either side in any way whatever. They are doing a vast amount of injury to time Union cause by driving hundreds to Prices armny. I am satisfied that if this thing was put down that under no circumstances could Price get ten men in this county; otherwise hundreds will be driven there by desperation. They go round of nights stealing every good horse, saddle, bridle, whisky and goods of every description. The regular troops do not allow such where they are. These men are of time lowest order never having owned a cents worth of actual property imi their lives. If we had one dozemi regular troops stationed at DeWitt, a towmm witbimm one mile of me, they could soon put it down in this neighborhood. I should mmot be so plain on this subject if I had not consciemitiously taken an oat Page 267 EARLY EVENTS IN MISSOURI, ETC. 267 to maintain, sul)port and defend the Constitution and Government of the United States, while I therefore believe it to be my duty to look after the interests of that Government. You, sir, will exercise your own judgment in this matter, while I re- main, truly, your most humble and obcdieiit servant, WM. C. REItIIY. 1-IEADQVARTERS DISTRICT NORTH MIssouRi RAILROAD, ASculd Louis, February 24, 1862. Col. THOMAS MORTON, Ugh ty-fi k-st ohio I ~olu a teers, (1omm anding, 1)auriile, Mo. COLONEL: * * * * * * * Prisoners on trial or to be tried by a military commission are still in charge of the post commanders though held subject to the orders of the commission when approved. You will therefore send the required list of prisoners in confinement without delay. In conclusion 1 must request that; in the future there may be more punctuality and exact- ness in compliance with orders. By request of Brigadier-General Schofield: Very respectfully, your obedient servant, CHARLES S. SHELDON, Acting Assista at Adjutant- (eneral. HEADQUARTERS NORTH MISSOURI RAILROAD, & tiat Louis, February 25, 1862. Lieut. S. W BARD, Pk-orost-Marshal, Glasgow, 211o. LIEUTENANT: The columanding general directs that all persons held in custody or on parole at your post accused of violations of the laws of war as set forth in section 1 of the inclosed circular* shall be sent under guard to Columbia for trial before the military commission now in session at that place. Prisoners of war will be sent to the provost- marshal at Saint Louis under guard. All others not included in sec- tion II will be released on bond and oath. The bonds will be sent to these headquarters a list being kept at your office for record. Very respectfully, your obedient servant, CHARLES S. SHELDON, A etiag Assistant Adjutant- & eneral. GENERAL ORDERS, IIDQRS. DEPARTMENT OF THE MISSOURI, No. 48. ASaint Louis, Mo., February 26, 1862. I. The public l)rcss has given circulation to the following correspond- ence: General E. A. PAINE, Commanding, Cairo: Yesterday (February 5) several companies of our cavalry with one company of Ross infantry scoured the country west bringing in 50 prisoners. Our cavalry also * See circular, p. 263 Page 268 268 PRISONERS OF WAR, ETC. encountered a large force of rebel cavalry fifteen miles beyond Bloomfield. They succeeded in routing them, killing 7, wounding many and taking 20 l)risoners. We had 2 missing and 1 wounded. They found 5 bodies known to be IJulon men inur- dered. W. P. KELLOGG, Colonel, Corn manding. Colonel KELLOGG, Commanding, Cape Girardean: Hang one of the rebel cavalry for each Union man murdered and after this two for each. Continue to scout, capture and kill. E. A. PAINE, Brigadier General, Comm an ding. General Paine in explanation of the foregoing says that at the time he received the dispatch of Colonel Kellogg he snpposed they caught the rebel cavalry in the act. The nmjor-general commanding takes the earliest opportunity to pub- lish his disapproval of this order. It is contrary to the rules of civilized war, and if its spirit should be adopted the whole country would be covered with blood. Retaliation has its liimiits and the innocent should not be made to suffer for the acts of others over whom they have no control. II. Again by whom was this official correspondence furnished to the press iii violation of the Army regulation and repeated general orders? The imputation must rest upon the two officers concerne(l until they account for the publication. III. * * * Hereafter aimy officer who publishes without proper authority any information respecting the movements of our armies even of battles won, or any official papers, will be arrested and tried by a court- martial and the Secretary of War has directed that the whole edition of the newspaper ~)ublishing such information be seized and destroyed. * * * * * * * By command of Major-General Halleck: N. H. McLEAN, Assistant Adjutant- General. HEADQUARTERS DISTRICT NORTH MISSOURi RAILROAD, Saint Louis, Mo., February 26, 1862. Captain HERRON, Third Iowa Volunteers, Commanding Huntsville, ]Vfo. CAPTAIN: You will be guided in your treatment of prisoners by the inclosed circular.* In all cases of bad and dangerous men they will be kept and evidence sought. Soldiers from Prices army may be put under bonds if judged advisable and they have not been engaged in violations of the laws of war. Negroes will not as a general thing be regai ded as property subject to seizure, and wimeim taken for urgent reasons the same must be immediately reported to this office. Very respectfully, your obedient servant, CHARLES S. SHELDON, Acting Assistant A djutant- General. * No iiiclosure found. Probably refers to the circular of February 14, p. 263 Page 269 EARLY EVENTS IN MISSOURI, ETC. 269 HEADQUARTERs I)ISTR1UT NORTH MissouRi RAILROAD, Saint Louis, Jliarch 7, 1862. Colonel HOLMES, 1)ancille Mo (By telegraph to Florence.) Take Sails bond to reappear, adjourn sine die and join your regi- ments. The commission cannot be dissolved till its proceedings are approved. Tell Colonel Morton to turn over all prisoners to Colonel Krekel, provost-marshal at Saint Charles. J. M. SCHOFIELD, Brigadier- General. IIEAI)(WARTERS DiSTIl LUT NORTH Missouni RAILROAD, Mint Louis Mo March Ii 1862. Lictit. Col. A. KUEKEL, Missouri AState Militia, (Jomdg. Post Saint Charles, Mo. COLONEL: The commanding general directs me to inform you that Col. Jeff. Jones may be released on $10,000 bonds to await the action of Major-General Halleck in his case. The origiiial bond executed by him at Mexico, Mo., has been lost or mislaid. * * * * * Ver v respeettul 1 y. your obedient servant CHARLES S. SJLELI)ON, Acting Assistant Adjutant- General. HEADQUARTERS DISTRICT NORTH MISSOURI RAILROAD, Saint Louis, Mo., March 12, 1862. Captain WARRENS, FJth Regiment Missouri Ca ralry, liTarrenton, Mo. CAPTAiN: An order has been sent you through Colonel Morsey to proceed with two companies to Troy, in Lincoln County, and occupy that place. I want you to use your utmost exertions to ferret out and bring to justice the insurgents and jayhawkers in that region. The general order a copy of which is inclosed* will be your general guide in the discharge of your duty. You will observe that a certain kind of property only is to be seized and that only from a particular class of persons; eveit this to be restored if the owmier voluntarily gives him- self up and is found to be such a one as should be released on bond and oath. It is of the greatest importance that you prevent your men from com- mitting depredations upon private property. The object is not so much to punish the rebels for what they have done as to prevent them from doing injury in the future. This is to be done by l)utting the incorrigi- ble out of the way either by death or imprisonment and by securing the good conduct of others througli the obligation of a bond and oath while many may be reclaimed by justice mingled with kindness. It is reported that there is an extensive organization in Lincoln and adjoining counties of men who are determined to continue their insur- gent operations apparently for the purpose of plniider amid revenge. Omitted Page 270 270 PRISONERS OF WAR, ETC. Let none of these escape you and be carefid not to release improper persoiis On ally conditions. I hope to hear the best reports from your command. Yours, very truly, 4. M. SUJIOFIELI), Brigadier- General. GENERAL ORDERS, IIDQRS. l)EPT. OF THE Mi~5i5sip~i, No. 2. A~aint Louis, March 13, 1863. 1. Martial law has never been legally declared in Missouri except in the city of Saint Louis and on and in the immediate vicinity of the railroads and telegraph lines. And even in these localities military officers are especially directed not to interfere with the lawful process of any loyal civil court. It is believed that the time will soon come when the rebellion in Missouri may be consi(lered as terminated and when even the partial and temporary military restraint which has been exercised in particular places may be entirely withdrawn. By none is it more desired thau by the general commanding. II. It must, however, be borne in mind that in all places subject to the incursions of the enemy or to the depredations of insurgents and guerrilla bands the military are authorized withont any formal declara- tion of martial law to adopt such measnres as may be necessary to restore the authority of the Government an(l to punish all violations of the laws of war. This power will be exercise(I only where the peace of the country and the success of the Union cause absolutely require it. III. Evidence has beemi received at these headquarters that Maj. Gen. Sterling Price has issued commissions or licenses to certain bandits in this State authorizing them to raise guerrilla forces for the purpose of plunder and marauding. General Price ought to know that sucl a course is contrary to the rules of civilized warfare and that every man who enlists in such an organization forfeits his life and becomes an outlaw. All persons are hereby warned that if they join any guerrilla band they will not if captured be treated as ordiiiary prisoners of war but will be hung as robbers and murderers. Their lives shall atone for the barbarity of their general. By command of Major-U emmeral Ilalleck: N. ii. MCLEAN, 1 55 jsta at Adj llt(( nt-General. IIEADQUAIUIEnS SAINT L( )UIS I )msrRICT, Saint Louis, Mo., March 13, 1R62. Major CALDWELL, Third Iowa Cavalry, Mexico, Mo. MAJOR: You were correct in deciding that no terms but uncondi- tional surrender of themselves aiid their arms could be granted to the rebels. It may be well, however, to let them know that those who come in voluntarily are likely to be treated munch more leniently than others. Thus General Hallecks circular I)1ovides that those who give them- selves up may be released on bonds and oath and receive back all property taken from theni except that of a military character while those captured are to be held as prisoliers of war Page 271 EARLY EVENTS IN MISSOURI, ETC. 271 It must of course rest with the military authorities to decide after a full knowledge of the case whether a prisoner who has surrendered himself voluntarily can be released on any terms, and no promise of release can be given before arrest or surrender unless the character and conduct of the party is known. Those who commit acts of rebellion and insurrection within the ter- ritory occupied by our troops are not entitled to be treated even as prisoners of war and probably will not be much longer. If the influ- ential secessionists want to preserve peace and save their deluded friends from severe punishment they may as well take the fact above mentioned as the basis of their actions. Very respectfully, your obedient servant, J. M. SCIIOFIELI), Brigadier- General. OFFICE OF PROvOST-MARSHAL-GENERAL, I)EPARTMENT OF THE MISSOURI, & unt Louis, March 17 1SG~ Maj. JOHN V. CLOPPER, (Jam ma ad jug Post at Sturgeon. MAJOR: The assistant adjutant-general at headquarters has referred your letter* of the 14th instant to this office for reply. The taking an oath and giving a bond is not desigimed to operate as an amnesty for irregular wa~rfare, bridge-burning, robbing, & c. Such persons are not to be discharged on oath and bond; only such as have been engaged in regular warfare are to be thus released. The oath taken by Burks and the bond given by him are no protection to him for offenses such as bridge-burning. Arrest him, examine the witnesses and report their evidence fully to this office and hold him for further orders. Very respectfully, your obedient servant, B. G. FARRAR, Prorost-Marsit at- General. HEADQUARTERS I)ISTRICT OF NORTHWEST MISSOURI, Saint Joseph, Mo., March 18, 1862. General J. M. SCHOFIELD, Saint Louis, Mo. GENERAL: Late last night Colonel Catherwood returned from Liberty. In a conversation had with him I learn that the bandit, Quantrill, severelyperhaps mortallywounded two recruits in the Missouri State Militia of those at Liberty. One was deliberately shot in cold blood after he had been taken as a prisoner. Eight were taken off as prisoners. The flag raised by General Prentiss was torn down and a secession one hoisted. Quantrill recrossed into Jackson County. Colonel Catherwood tore down the rebel flag and ran up the stars and stripes in its place. He left about forty-five men, part of Captain Johnsons company, in Liberty; the remainder would be ordered there to-day. I also learn from Colonel Catherwood that Parker stopped the steam-boat Rowena and after examining the manifest and finding the principal part of the cargo shipped to Messrs. he selected about six dozen pairs of boots and some other articles which he took and then permitted the boat to resume her trip. Colonel Catherwood Not iound Page 272 272 PRISONERS OF WAR, ETC. also informed me that among the prisoners captured were Henry L. Roatt, a lawyer of Liberty, a most notorious rebel and a very desperate man. He has been charged with instigating the arrest of ex-Governor King last fall and of Judge Birch more recently. I suppose there can be no trouble in showing him to have been very extensively and ac- tively engaged in the rebellion. Also President Thompson, a Baptist preacher and president of the Liberty College, it is said a very bitter, violent and bad man. He is certainly a man of ability. I think they onght to be sent to Saint Louis or confined outside of the State. 1 have here in jail Robert XV. Doiinell, president of the Branch Bank of the State of Missouri at this place; Israel Landis and William K. Richardson, citizens of this place. They have been very active aiders in the rebellion. They are confined in jail for refusing to give bond as reqnired by General Hallecks late circular. They persistently refuse to permit their friends to give the required bail although they have voluntarily offered even insisted on doing so. TheyDonnell, Landis and Richardsonbelieve they are advancing the cause of the rebellion (they are professing Christians) by remaining in jail. In my opinion it would be advisable to remove theni without the State. In their absence I doubt not many of their adherents being relieved of their presence and influence would return to their allegiance. To-mor- row two companiesviz, Captains Phelps and Drumbillerswill start for Liberty under command of Colonel Kimball. Captain Johnson with his company is there, and Captain Folnisbee with his company froum Gallatin will be ordered there as soon as they are paid which will be in a day or two. Very respectfully, your obedient servant, BEN. LOAN, Brigadier- General, Missouri State Militia.. HEADQUARTERS MIsSOURI STATE MILITIA, Saint Louis, Mo., March 21, 1862. Brig. Gen. BENJAMIN LOAN, Saint Joseph, Mo.: * * * * * * * In a letter received a few days ago you spoke of certain influential rebels who obstinately refuse to take the oath and give bond. Send all of that class who are sufficiently infinemitial to do harm to Saint Louis under guard. I will provide them with a comfortable home out- side the State. Very respectfully, your obedient servant, J. M. SCHOFIELD, Brigadier- General. WAR DEPARTMENT, ADJUTANT-GENERALS OFFICE, March 25, 1862. Maj. Gen. H. W. HALLECK, Saint Louis: The President orders that execution of the sentence against E. Magoffin be suspended and that the record be transmitted to this office for his consideration. Answer by telegraph. L. ThOMAS, Adjutant. General Page 273 EARLY EVENTS ~N MISSOURI, ETC. 273 HEADQUARTERS DISTRICT OF NORTHWEST MISSOURI, Saint Joseph, Mo., March 25, 18G2. Brig. Gen. J. i\I. SCHOFIELD, Missouri State Militia, Commanding, Saint Louis, Mo. GENERAL: In pursuance of instructions contained in yours of date March 21, 1862,* I send to Saint Louis under guard Robert W. Donnell, IsU~el Landis and William K. Richardson, of this place, and Henry L. Routt and President Thompson, of Liberty. The first three are promi- nent secessionists here who were committed to jail some time since by the assistant provost marshal for obstinately refusing to give the bond as required by General Hallecks late circular. Among the rebels we have had none more potent for evil than they. I suppose it is not nec- essary to send the evidence in their cases they having been decided by the provost-marshal here. If I am in error in this I can have it for- warded. Routt and Thompson were taken at Liberty at the time Colonel Catherwood was there after Quantrill. I do not know whether the evidence has been taken in their cases but it is not more necessary in Routts case than it would be in Parsons, Rains, or perhaps General Prices shonid he be captured. Routts misdeeds are almost number- less and I presume he will not pretend to deny them. President Thomp- son is president of the college at Liberty, a Baptist preacher. I do not know personally of his condnct but in the public estimation he has done all that it is possible for a man of his very superior abilities and acquirements and of his commanding influence could do for the cause of the rebels, if necessary I can have the evidence sent from Liberty. I am, sir, very respectfully, your obedient servant, BEN. LOAN, Brigadier- Genera 1, Missouri State Militia~, Commanding District. HDQRS. RECRUITING STATION, MISSOURI STATE MILITIA, Warrensburg, March 25, 1862. Brig. Gen. JAMES TOTTEN, Comm an ding District of Central Missouri. GENERAL: The General Orders, No. 2, t from Major-General ilalleck, dated Department of the Mississippi, March 13, 1862, has caused some stir among the guerrilla bands of this part or the country. One Mat. Houx who is a leader among them sent me a messenger to-day asking upon what terms they would be permitted to return to their homes if at all. He represents that there are as many as 300 who are willing to submit upon reasonable terms. He also intimates that in case they are to be treated as outlaws they will ruin the country, burning houses and murdering loyal men. These men are not in a body but scattered in squads of ten or fifteen. We have not a sufficient force at this place to prevent the execution of the threatour whole force being about sixty. I am, general, your obedient servant, EMORY S. FOSTER, Major, Recruiting Missouri State Militia. ~ Omitted. t See p. 270. 18 R RSEI? II, VOL Page 274 274 PRISONERS OF WAR, ETC. WAn DEPARTMENT, illarelt J~, 1/~G2. Governor B. MAGOFFIN, Fran l1fort, Kq.: Presidents order sent by telegraph to General ilalleck as requested* by Governor Crittenden to suspend execution of sentence abajust E. Magoffin and to send record here for Presidents considerati3n. 4. F. LEE, J adqe- A droca te. GENERAL ORDERS, -~ HDQRS.. DEPT. OF THE Mississippi, No. 13. Mint Louis, March 30, 1862. I. Commanders of army corps, divisions, and brigades and of mili- tary districts where their commands are equal to a brigade are author- ized to order military commissions to try offenses against the laws of war which are not triable by general court-martial. But all sentences of such commissions extending to loss of life, or confiscation of property, or imprisonment exceeding the term of thirty days must be confirmed by the commanding general of the department. II. The attention of all such commanders and of all officers of mili- tary commissions is called to General Ord.~rs No. 1, of 1862, Department of the Missouri, in relation to the powers and duties of commissions as distinguished from courts-martial. By command of Major-General flalleck: N. H. MCLEAN, Assistant Adjutant- General. JEFFERSON CITY, April 1, 1862. General TOTTEN. SIR: In compliance with your request I subjoin some particulars with respect to the arrest and maltreatment of Dr. Sidney Robinson and others. They were furnished me by his daughter now in this city and to her by John Morris, James Morris, William McCloud and Slocum, Union men, living near Versailles. The soldiers professed to hail from Jefferson City. Two of the privates are named respectively Stillett and Kelley. Doctor Robinson was arrested last Sunday morn- ing in Versailles whither he had gone to attend a sick grandchild. His hands were bound, a rope adjusted to his neck and other prepara- tions for hanging him made. Finally it was proposed to let him off if he would take the oath. He refused and then it was announced that he would be sent to Cairo. Among others arrested were the following- named: Mick Jetter, Mick Robinson and Johnson. One of these was twice suspended until senseless. Doctor Robinson is one of those who claim that a man may be a political secessionist, a believer in the right of peaceable secession and yet not a disloyal citizen. I have had opportunities to know and I have yet to learn that he ever counseled disloyalty. At various times he has turned his house into a temporary hospital for the benefit of Union soldiers, and in one instance one of them dying under his roof he had him decently interred at his own expense. Doctor Robinson has personal enemies in his neighborhood of fifteen years standing. They are now Union men and have had him arrested four times already on charges of disloyalty. They no doubt instigated the present Not found. Probably a verbal request made to the President Page 275 EARLY EVENTS IN MISSOURI, ETC. 275 arrest. I believe lie recognizes the right of the Federal military authorities to impose the oath of allegiance. At present laboring under a galling sense of mistreatment he will probably object to tak- ing it. If he cannot be finally discharged without taking it could he not be paroled for a brief period? A little kind treatment I think would completely disarm him. Respectfully, C. J. CORWLN. HEADQUARTERS MISSOURI STATE MILITiA, Saint Louis, Mo., April 1, 1862. Capt. C. H. WARRENS, Commanding Troy, ]JJio.: I am instructed by the commanding general to direct you to make the following disposition of prisoners now held by you. All those who have been in any way connected with the operations of or belong to the recent bushwhacking gang or have had anything to do with recent acts of rebellion you will send under guard to Saint Charles for trial with all the evidence you can collect in their cases. Those wh~ have returned from Prices army or arrested for disloyal sentiments, & c., you will discharge upon their giving proper bonds and oath unless they are notoriously bad or dangerous characters. The bond you refer to is not here. Very respectfully, your obedient servant, I IC. XV. MARSH,I ssistant Ad) utant- General. HEADQUARTERS MISSOURi STATE MILITIA. Saint Louis, Mo., April 2, 1862. General BEN. LOAN, Saint Joseph, Mo.: Evidence having beemi brought to the commanding general that Mr. II. L. Routt, of Liberty, was promised by General Prentiss that if he would sign a pledge to remain at home a law-abiding citizen he should not be sul~ject to arrest and that he did give such l)ledge to Major James at Liberty on 1st of February last he desires that you send to him the charges against Mr. Routt and the names of witnesses. Very respectfully, your obedient servant, [C. W. MARSH,J Assistant Adjutant- General. SAINT Louis, April 4, 1862. Hon. EDWARD BATES, Attorney. General, DEAR Sw: The spring terni of the United States circuit court is now approaching and I write to obtain from you an official letter making some suggestions or rather giving some instructioiis as to the course which ought to be pursued by the civil authorities here concerning those who have beemi indicted either for treason or conspiracy. There is no doubt but that the amnesty held out by the governor under the direction of the convention has induced many to return sincerely to their allegiance and this may and doubtless does embrace some who have been indicted. There are some cases where they have returned and taken the steps prescribed by the military authorities and in thos Page 276 276 PRISONERS OF WAR, ETC. cases an effort to enforce the criminal code might materially interfere with the military arrangements and produce disturbances where there woul(l otherwise be quiet. Of course it would not do to lay down any general rule but each case must more or less be governed by its own peculiar circumstances. ~evertheless I would like to know what the general policy of the Gov- ernment is so that I may be governed by it during the ensuing term of the court. Yours, truly, JAS. 0. BROADHEAD, U. S. District Attorney. SAINT Louis, Mo., April 1, 1862. Capt. LEWIS MANKER, Provost-Marshal, Sedal ia, Mo. CAPTAIN: You will dispose of prisoners as follows: First. Those who have been engaged in regular warfare or are arrested for general disloyalty you may release on their taking the oath and giving a bond with good security in a suni not less than $1, OtlO proportionate to their means. Second. Those who have been engaged in irregular warfare, burning bridges, firing into trains, robbing Union men, & c., you will take the evidence against them in writing and send it up to this office holding them for further orders. In all cases where prisoners are sent to your post and you have not the evidence in their cases send them to Saint Louis by first opportu- nity and a list to this office. Very respectfully, BERNARD G. FARRAR, Pro cost-Marsh al- General. WAR DEPARTMENT, Washington City, D. 0., April 5, 1862. Major-General HALLECK, Saint Louis: Your General Orders, No. 11, relating to Ellis case, and No. 9, Kirks case, have been received.* They are heartily approved and the form of procedure will be directed to be observed in all other departments in like cases. EDWIN M. STANTON. Secretary oJ War. EXECUTIVE MANSION, Washington, April 9, 186212.15 p. m. Major-General HALLECK, Saint Louis, Jib.: If the rigor of the confinement of Magoffin at Altoii is endangering his life or materially imparing his health I wish it mitigated so far as it can be consistently with his safe detention. A. LINCOLN. * For trial of Edmund J. Ellis and Hallecks approval of sentence, see p. 453. For General Orders, No. 9, Department of the Mississippi, covering the case of William Kirk, see p. 464 Page 277 EARLY EVENTS IN MISSOURI, ETC. 277 ATTORNEY-GENERALS OFFICE, Washington, April 10, 5G2. JAMES 0. BROADHEAD, Esq., ET. 8. Attorney Eastern District of Missouri, & unt Louis. SIR: In answer to your letter of April 4 received yesterday it does not seem politic for me to give you at this critical moment ~vhen great changes are being made in our military and political relations with the revolted States any minute and particular instructions touching the l)rosedutions for treason and for conspiracy now pending in the U. S. circuit court at Saint Louis. Much must be left to your own wise dis- cretion. A few points however may be properly stated, and first Governor Gambles amiiesty must be respected and made effectual. I3esi(les that. it is right in itself. I understand that the President is l)erson ally pledged to it. Second, it is riot desiiable to try many treason cases nor any one in which you have not a great ~)robability of success. Better enter a nolleproscqui than be beaten. And in view of the great changes 110W taking l)lace I am in no hurry to press the trial indictments for treason. After a few more military successes we may see the way of prudence more clearly. As to muimior ofteiises such as conspiracy, l)lullder of public property, obstruction of the mails and the like you must judge for yourself. Very respectfully, your obedient servant, EDWARD BATES. P. S.W bile writing the above your other letter of April 4* touching the case of Henry L. Routt was handed me. Does not that case fall within Governor Gambles amnestyl My first impression is that it is a i~roper case for pardon but as I have barely read your letter and that of Mr. Samuels I must take a little time to cousi(ler. If my flumal con- clusion concurs with my first thought it will cause the pardon to be issued very soon. EDWD. BATES. HEADQUARTERS DISTRICT OF CENTRAL MISSOURI, Jefferson City, Mo.. April 10, 1862. Lient. Col. J. H. BLOOD, Commanding, lipton, Mo. COLONEL: It is represented that you have in confinement at your post one Dr. Sydney Robinson, a citizen living in the vicinity of Versailles, Morgan County. It is represented that a Lieutenant Walldorf, Company I, Sixth Missouri Volunteers, caused the arrest of the said Doctor Robinson; that at the time of the arrest of Doctor Robinson Lieutenant Walhlorf caused and permitted a rope to be adjusted around the said doctors neck and made preparations for hanging him. Upon the doctors objection to this outrageous and unauthorized treatment and refusing to take the oath of allegiance under such circumstances he threatened to sen(l Doctor Robinson to Cairo but finally caused him to be conducted to your post. It is also represented that other persons were maltreated by the party under command of Lieutenant Wahldorf in the vicinity of Versailles, viz, K. Jetter, M. Robinson and one Johnson, one of whom was twice suspended by the neck until senseless. It is further represented that I)octor Robinson at the time he was arrested was on a visit to Versailles to a sick grandchild and quietly performing his legitimate occupation. * Not found Page 278 278 PRISONERS OF WAR, ETC. It is represented that I )octor Robinson has never taken up arms against or given aid and comfort to the enemies of the Government but that he is simply a sympathizer with the Southern element; that he has prevented, however, his son from joining the rebel army and that he has at various times turned his house into a temporary hospital for the benefit of Union soldiers, and in one instance one of these dying under his roof he had him decently buried at his own expense. If these representations be correct as above set forth Lieutenant Walldorf and his party deserve the severest punishment fbr their outrageous disregard of law, order and discipline. Lieutenant Wall- dorf has violated the orders of General Halleck published at various times for the regulation of arrests and he must answer for his dis- regard of these orders. You will therefore (all upon time said officer for an explicit statement and full report in the cases above cited; you will also investigate time matter yourself with all the scrutiny essential to such an important case, and if you find Lieutenant Walldorf and the members of his party have been guilty of the cond act set forth against them and have acted unauthorizedly without orders from your- self you will arrest and prefer charges against all concerned in the affair and transmit a full report of the matter in this case along with said charges to these headquarters. If there are no charges which can be substantiated against Doctor Robinson of his having openly taken up arms against time Government of the United States or of his having aided and abetted treason you will require him to take the oath of allegiance to the United States and give bonds for his future loyal good conduct to the amount of $1,000, after which you will release him and allow him to return to his home without any further molestation. You are requested to make a report immedi ately upon this affair. I am, colonel, very respectfully, your obedient servant, LUClEN J. BARNES, Captain an(l Assistant A djata at- General. HEADQUARTERS, Tipton, Mo., April 10, 1842. Capt. LUCTEN J. BARNES, Assistant Adjutant-General: F. A. Wa]ldorf, acting lieutenant, has submitted to me a. statement of which the following is a copy: Yours was duly received, and in regard to the hanging match I have to say that it was done at Captain Rices suggestion and approval and that the statements of my guides led me to conclude that Mr. Sidney Robinson was actually connected with a gang of jayhawkers who were traced from his house. Further I would remark that when I said he should not he hanged if he could find one man to speak in his favor as a just, honest, good Union man all (with one exception, one who was arrested by Captain Rice as a spy) testified that they knew no good of him. The second person (a boy) did acknowledge being connected with said jayhawkers and described the horses. Mrs. Crook I am informed had been hai-boring a secesh recruiting officer and recruits and the appearance of the house led me to think it was so. No white person was about the house and the negroes said they left when the troops came in town. Upstairs all the carpets seemed to be hronoht up and used as beds with blankets, quilts, & c., and on the lower thoors no carpets were used. Mike Chism was said to have boarded a part of the men and he was a near neighbor. Also the house contained ten or twelve empty canisteis of the kind known as powder canisters. Yours, very respectfully, F. A. WALLDORF, [A cling] Lieutenant, Sixth Missouri Infantry. J. II. BLOOI), Lieutenant- Colonel, Commanding Post Page 279 EARLY EVENTS IN MISSOURI, ETC. 279 HEADQUARTERS MIssouRi STATE MILITIA, Saint Louis, Mo., April 12, 1862. Col. ARNOLD KREKEL, Saint Charles, Mo.: I am directed by the commanding general to instruct you to forward under guard to this city the prisoners senteiiced by the military com- mission which convened at Danville and ordered by Major-General ilalleck in General Orders, No. 15, dated headquarters Department of the Mississippi, Saint Louis, April 3, 1562, to be confined in the mili- tary prison at Alton. The officer in command of the guard will report to these headquarters for further orders. Send them by the morning train. Inclosed find official copy of General Orders, No. 15. Respectfully, IC. W. MARSH,1 Assistant Adjutant- General. HEADQUARTERS, Tipton, Mo., April 12, 1862. Capt. LUCIEN J. BARNES, Assistant Adjutant- General: For some time previous to the 20th of March daily complaints came to headquarters of outrages committed upon Union citizens living in and around Versailles most of which could be traced to a band of some fifteen or twenty j ayhawkers. These were all perpetrated during the night time. Those taking the most active part in these matters were disguised in some manner, as with false whiskers, slouched hats, army overcoats, & c., which led to the conclusion that they were citizens of that part of the country. On the evening of March 22 they fell upon two Federal soldiers and stripped them completely of all their clothes. Becoming so bold I determined to find them out and bring them to justice. With this intention I secretly fitted out an expedition to start from here late in the day in wagons and arrive late in the evening at an appointed place in the infested neighborhood. I had selected good men for the purpose and had prepared full instructions. The evening of the 24th of March was the one selected for putting in execution the plaii. The orders for the Monitean County expedition and the substi- tution of Company D for Company II at this post entirely disarranged the arrangement. The result was Acting Lieutenant Walldorf and men of Company D were sent by Captain Van iDeusen instead of those I had selected. I deem this preliminary statement necessary, first, to show the necessity of the expedition; second, to show how it was that Walldorf came to go in command. From all the evidence I can obtain relating to the trip I submit the following summaryleaving you to decide upon the merits whether those concerned shall be held to answer in the manner referred to by you in your note ordering an investigation: I have examined numerous persons in regard to the affairs in question and their testimony is all to the same effect in regard to the hangiiig. Act- ing Lieutenant Walldorf requested three of the State militia, two citi- zens, and Edward Tigh, of Company I, Sixth Missouri Volunteers, to act as jury upon the case, believing as they did that he (Robinson) was connected with the band ofjayhawkers whom they supposed they had traced from his house by numerous horse tracks leading therefrom. Mr. William V. Parks, a man well known as a reliable person (one of the citizens), acted as foreman. The decision of this jury was tha Page 280 280 PRISONERS OF WAR, ETC. although justice required immediate hanging mercy should hold him for a less prompt retribution. Tis true a rope was adjusted around his neck but be was not harmed at all. Up to this point after his arrest he had been very Thusive, using expressions like the following: All your devilish artillery cant make me take an oath to support such a Constitution as you are fighting for, and all the devils in hell combined with all the military power of the United States could never make a Union man of me. There were some fifteen citizens gathered and none of them would say a word in his behalf when called upon to do so and all the testimony of his neighbors and the Union men of Morgan County goes to show that they believe him deserving of the most extreme penalty of the law, and I may add the women got up a petition praying that he be kept during the war at least. All these circumstances combined with his state- ment to Mr. Parks that he would arm his negroes and had bought revolvers for every member of his family justly led Walldorf to believe him capable of being a leader in this system ofjayhawking. All the Union citizens I have seen uphold him (Walldorf) in his course and say, He is just the one for their country. The rel)resenta- tions made to you are if 1 am any judge in the matter widely apart from the facts. He has often been seen packing arms. He has by his own confession given comfort to enemies of the Government. He not only did not prevent his son joining the rebel army but furnished him a horse to go with and if Union soldiers have occupied his house as a hospital nobody I can find knows of it. Regarding his giving up the house of Mrs. Crook to plunder I have collected the following facts: He was directed there by some citizen with the idea that a recruiting officer stopped there; arriving none but negroes could be found who on being questioned separately said that they had gonewhen the soldiersfirst came into the neighborhood and that there were sixteen of them. Other testimony goes to show that a large squad were there the day before. These circumstances and the appear- ance of the house inside were conclusive evidence that Mrs. Crook had been harboring the enemy to an alarming extent and decided Walldorf to give the house up for pillage. A son of Mrs. Crook lately from Prices army was also known to have been there. (Mrs. Crook has recovered many of her things.) The above statement contains the facts I have been able to collect regarding the questionable conduct of Acting Lieutenant Walldorf. The discrepancies between the information furnished you and the facts as they exist have decided me to forward this statement and await your further orders before preferring the charges called for by yours of the 10th instant. Respectfully, your obedient servant, J. H. BLOOD, Lieutenant- Colonel Sixth Missouri Volunteers, Corndg. Post. P. 5.I omitted to state that the other person who was hung most (a person by the name of Chittenden) confessed his complicity with the gang, told five names connected with it and said there were ten or twelve others; also described some of the horses they had stolen and said the gang left that morning and would camp that night on Buffalo Creek twenty miles distant. News has just come of the apprehension of some of the gang at Warsaw, one John MeCloud riding a horse stolen from the Mr. Parks referred to above among them. J.H. Page 281 EARLY EVENTS IN MISSOURI, ETC. 281 GENERAL } IIDQRS. DIST. OF CENTRAL MISSOURI, ORDERS, Jeff~-soa City, Mo., April 22, 1862. I. It is with feelings of unfeigned horror at the hellish crimes per- petrated and a prolound loathing, abhorrence and disgust for the fiendish outlaws who committed them that the brigadier-general com- manding the District of Central Missouri once more calls the attention of the U. S. troops both volunteer and Missouri State Militia uuder his command to the necessity of increased and constant vigilance tempered with caution an(l prudence as well as justice and protection toward the innocent, in order that these great, growing and terrible outrages of every sort may be put an end to and the outlaws infesting the district exterminated. Reports of murders, robberies and indeed of every crime known as felony and less criminal offenses reach these headquarters from every part of the district so that it has become dangerous for peaceful, law-abiding citizens and especially good Union citizens to pursue their legitimate vocation without molestation and imminent danger. - The country is infested with bands of murderers, robbers and other outlaws of every shade of turpitude knowmi to the criminal calendar, and in sine instances (as recent evidence too plainly proves) these wretches are disguised under the uniform of our patriotic army and are pretending to act under and by authority of the United States. These base and bloodthirsty beasts in human form have by their deeds, their boasts and their threats placed themselves beyond the pale of law and must be dealt with accordingly. As time innocent victims of these miscreants are made to suffer without cause and without trial or hearing of any sort (save their cries for mercy uttered iii the agonies of terror and death which pass unheeded) so must their brutal, lawless and vandal tormentors be dealt with amid no mercy shown them. Reasoning with outla~vs is of no avail. The law and its faithful officers are set at defi- amice by these armed and ruthless agents of anarchy and hence they must be subjected to their own code and punished without mercy upon time spot when found enacting or banded together for the enactment of their foul deeds. It is therefore ordered for the observance of all con- cerlle(l: II. That hereafter whenever and wherever bands of guerrillas, jay- hawkers, marauders, murderers, & c., are found in arms in open opposi- tion to the laws amid legitimate authorities of the United States and the State of Missouri the miscreants of which they ai-e composed are to be shot down by the military authorities whemm comniami(le(l by coin- missioned officers upon time spot where caught per~)etrati11g their foul acts. And at all times amid in mill places when our troops no immatter by whom commmman(led are forcibly opposed by outlaws these latter are to be extermuinated at all hazards. III. That all persons who have or shall in future knowingly harbor or in any manner encourage guerrillas, j ayh awkers, robbers, murderers or other outlaws in their imefarious deeds will be arrested amid kept in close confinement until tried by a mnilitary commission or other court as may be deemed expedient at the time. IV. That where evidemice cammnot be produced to estmmblish the guilt of parties accused of harboring and emicoum-aging the lawless mnarauders, & c., above named but agaiimst whom there is strong circumstantial evidence and suspicion they are to 1)e placed iiiider heavy bonds with good and reliable security to keel) time ieace and for their future goo Page 282 282 PRISONERS OF WAR, ETC. conduct and also required to take the oath of allegiance; and when they reftise or neglect to do this they are to be confined and so held until released by proper authority. By order of Brig. Gen. James Totten, commanding district: LUCIEN J. BARNES, Captain and As8istant Adjutant- General. Trial by Military Commission of Bridge-Burners, Marauders, Etc. GENERAL ORDERS, IIDQRS. WESTERN DEPARTMENT, No. 10. Saint Louis, ho., September 12, 1861. I. Before the military commission which convened at the Saint Louis Arsenal on the 5th instant, pursuant to Special Orders, No. 118, cur- rent series, from these headquarters, the following prisoners were arraigned, viz: Phinneas P. Johnson, William Shiftell, Jerome Nail, John Williams, James R. Arnold, Charles Lewis, John Deane, Doctor Steinhoner, W. W. Lynch, T. J. Sappington, James Thompson, Thomas Grigsby, John Crow, David E. Perryman, John W. Graves, Alfred Jones, William Duruham, C. H. Hodges, James Marr, G. S. Yertes. Many of the prisoners above named were found without any charge whatever lodged against them; others had but trivial charges, and being unable to procure witnesses in their respective cases the commission deemed it expedient to have the same released which was carried into effect after a rigid cross-examination and having the oath of allegiance duly administered in each individual case. The commission would respectfully report to the commanding major-general that they have found imprisoned in the arsenal a great many persons charged with being spies and traitors. These charges were not sustained by any evidence whatever. The persons taking them prisoners did in most cases send no names of witnesses along. In others the names of witnesses were sent without their address and resi- dences. Some were sent here prisoners bccause one Union man considered them dangerous. The commission has felt itself obliged to release most of these prisoners. Some suspicious looking were retained on no further evidence than their own confession and suspicious appearance and behavior. The commission would respectfully suggest that orders be issued preventing per- sons from being arrested unless there is some strong circuiust~intial proof of facts ot which your commission can avail itself. It seemed to your commission, even, and it is with deep regret that they are compelled to report such things to you, that in few cases men were arrested as spies and traitors and sent here because they raised objections when their property was taken away. In other cases their property was taken while they were absent in prison without any cause whatever. * * * * * * * The reflections contained in the report of the i)roceedings have occurred to the commanding general. He is surprised to find that in many of the cases no evidence whatever has been presented ito the commission. He concurs in the opiniomi expressed relative to ground- less charges against citizens, unwarrantable seizures of their persons and unjust depredations Ul)OP their property. The attention of commanders is again called to the full observance of the orders that have been issued front these headquarters concerning arrests. By order of Major-General FrPmontz: J. C. KELTON, Assistant Adjutant- Genera Page 283 EARLY EVENTS IN MISSOURI, ETC. 283 GENERA!. ORI)ERS, IIDQRS. WESTERN 1)EPARTMENT, No. 12. & unt Louis, Mo., September 16, 1861. I. Before the military commission which convened at the Saint Louis Arsenal on the 5tl~ instant, l)u1suant to Special Orders, No. 118, current series, from these headquarters, was tried Joseph Aubuchon. CHARGE: Treason against the Government of the United States. SpecificationIn this, that Jose1)h Aubuchon, of the town of Ironton, Iron County, State of Missouri, did assume an attitude of open rebellion against the Federal (by- eminent by taking up arms against the same, by assuming and exercising the fnnc- tions and office of lieutenant in the rebel army within the limits proper of the State of Missouri from and after about the 20th day of August, 1861. FINDING AND SENTENCE: The commission find the prisoner as follows: Of the specification, guilty, except the words By taking lip arms against the same, by assuming and exercising the functions and office of lieutenant in the rebel army. Of the charge, guilty. And hoes therefore sentence him, Joseph Aubuchon, To be confined at hard labor during the existing war and to have his prol)erty confiscate(l. II. The proceedings, findings and sentence of the commission are approved Ou the recommendation of the members of the commission and in consideration of the fact the offense charged occurred previous to the proclamation of the commanding general of the department the sen- tence against Joseph Aubuchon is remitted. He will be released from confinement and permitted to return to his home. By order of Major-General Fr~mont: J. (2. KELTON, A SSiSt((fl t Adja t(( at- General. SPECIAL ORDERS, hEADQUARTERS, No.2. Ironton, Mo., September 24, 1861. Before the military commission which convened at Ironton, Mo., Sep- tember 21, 1861, was tried William Perry. ChARGE: Treason against the United States Government. The commission in the case of William I~erry find him guilty of treason and sen- tence him to hard labor during the war, and all his real estate and personal property (if any there be) is hereby confiscated and declared the property of the United States. II. The proceedings and finding of the commission in the case of William Perry are approved. Colonel Hovey, Thirty-third Illinois Volunteers, will see that the prisoner is kept at work on the fort at Ironton and that he is kept in charge of the guard when not at work. The commanding officer at Potosi will seize all personal property that may belong to said William Perry and forward it to the quartermaster at this post who will account for it to the United States and use it for the public service. The commanding officer at Potosi will also report if William Perry owns any real estate in or near Potosi. By order of Colonel Carhin, commanding post: A. L. BAILUACIIE, Adjutant Page 284 284 PRISONERS OF WAR, ETC. SPECIAL ORDERS, HEADQUARTERS, No. 10. Iron ton, Mo., & ptcrnber 29 1861. Before the military commission convened at the Pilot Knob House on the 29th instant was tried XVilliain Hildebrand. CHARGE: Treason against the Vnited States Government. The commission find the acetiseil guilty of treason aainst the Umted States Government and (10 sentence him to haid labor during the existing war between the Inite(1 States and the revolting States. II. Before the same military commission was tried Thomas M. Cooper. CHARGE: Treason against the United States (Ioveriiinent. The commission find Thomas M. Cooper guilty of treason against the United States Government and do sentence him to bard labor during the existing war between the United States and the revolting States. III. Before the same military commission was tried George W. Iligginbotham. CHARGE: Treason against the United States Government. Tbe commission find the charges against George W. Higginbotham not sustained and recommend that he be immediately discharged from confinement, and further ask that the commander of the post issue an order forbidding tbc arrest of persons ~vithout evidence of their guilt. IV. Proceedings and findings of the military commission in the fore- going cases are approved. The sentences in the case of William Ilil- debrand and Thomas M. Cooper will be carried into effect by Col. J. W. S. Alexander, who will see that they work on the fort at Ironton in charge of a guard. George XV. Higginbotham is released fiomn arrest. The commanding officer is reluctantly compelled to disapprove of the manner in which Mr. Higginbothamn was arrested. While approving the zeal which dictated his arrest he most ~)ositive1y 1)rohibits any deception by which people may be inveigled into an expression of their sympathies against the United States. By order of W. P. Carlin, colonel commaiiding post: A. L. BAILITIACHE, Adjutant. Trial of William Hearst, accused of bridge-burning. Proceedings of a military commission held at Saint Louis, Mo., by virtue of the following order: SPEcIAl ORDERS, lJEAI)QUARTER5 I)EPARTMENT OF ThE MISSOURI, No. 51. Saint Louis, December 21, 1801. * * IV. A military commission is hereby appointed to meet in this city en Monday, the 23d instant, at 10 a. lii., or as soon thereafter as practicable, for time trial of such persons as may l)e brought before it. Detail for the comumission: Brig. Gen. S. D. Sturgis, U. S. Army; Col. R. D. Cutts, of the staff; Lieut. Col. John Scott, Thir(l Iowa Volunteers; Maj. E. W. Chamberlain, First Iowa Cavalry; Capt. T. Xv. Sweeny, Second Infantry, U. S. Armny. Coi. R. D. Curts will act as judge-advocate and recorder. By order of Major-General Halleck: J. C. KELTON, Assistant Adjutant- Gene,-al Page 285 EARLY EVENTS IN MISSOURI, ETC. 285 SAiNT Louis, Mo., January 10, 18G210 a. m. The commission met pursuant to adjournment and the above order. Present: Brig. Gen. S. P. Sturgis, U. S. Army; Col. It. P. Cutts, of the staff; Lieut. Col. John Scott, Third Iowa Volunteers; Maj. E. W. Chamberlain, First Iowa Cavalry. The accused, William Hearst, and his counsel also present. The judge-advocate having read the order convening the commission asked the accused, William Hearst, if he had any objection to any member named therein to which he replied that he had not. The corn- mission was then sworn by the judge-advocate, thejudge-advocate tak- ing the oath at the same time as a member of the commission in the presence of the accused. The accused was then arraigned upon the following charge and specification, which were read aloud to the commission by the judge. advocate: CHARGE: Violation of the laws of war. Specificatiou.In this, that he, William Hearst, of Jefferson County, Mo., did aid and assist in the burning of the Iron Mountain Railroad bridge across Big River, Jefferson County, Mo., thus risking and putting in jeopardy the lives of innocent persons traveling on said road, the same being done in violation of the laws and usages of war. This on or about October 16, 1861. The judge-advocate theii addressed the accused as follows: You, William Hearst, have heard the charge and specification preferred against you; how say you, guilty or not guilty0 To which arraignment the accused pleaded as follows: To the specification, not guilty. To the charge, not guilty. JOHN W. WILsoN, a witness for the prosecution, was duly sworn. By the JUDGE-ADVoCATE: Questioiu. State your name, residence, and occupation. Answer. John XV. Wilson; reside at Big River bridge, Jefferson County, Mo.; am a farmer. Question. Do you know the accused, and if so how long have you known him ~ Answer. I know him, and have been acquainted with him for about fourteen years, but during four and one-half years of that time I was in California. 1 was in California from 1852 to 1856. Question. Since your return have you been in the habit of seeing him often, and how far did he live from your house l Answer. He lived about eight or nine miles from my house, and I have often seen him at Morses store and at post-office formerly kept at our house, and also at place where the post-office now is. Question. Were you at home at the burning of Big River bridge, and how far did you live from it l Answer. I was. I lived about 150 yards from it. Question. I)id you witness the burning of the bridge ~ Answer. I saw itthe bridge on fire and the setting fire to the bridge. Before the burning of the bridge i was arrested by a man who called himself Jeff. Thomp- son. He released me, however, when some men spoke to him and told him i was a farmer who lived there. At the moment of my release i was about 200 yards from the bridge. I then met men coming with fire toward the bridge and I said to them, For Gods sake, dont burn the bridge; it will break us citizens up. 1 recognized no one among the men going with firebrands in their baud toward time bridge but Mr. William Hearst. The firebrand held by him was about one and one-half foet long Page 286 286 PRISONERS OF WAR, ETC. I then turned round and seeing some men taking my rails I went after them to l)re- vent them, when they cursed me. As 1 went down to our house I met Perkins, and I looked hack and saw the bridge on fire and a lot of men around the bridgesay twenty or twenty-five mensome standing on the bridge, the flames ahlazing up on the sides, and other men standing on the embankment ou Jefferson County side. There were also about twenty-five men on the other side of bridge beating and ham- mering, as if they were tearing np the track. I then went to our house and staid there about one and one-half to two hours and then went from our house to Black- well Station, Saint Francois County. There I met a lot of men, citizens of the county, who had come in on hearing the firing. Saw bodies of two s& essionists lying on the platform who had been killed hy Lippincotts men. Captain Lippin- cott (Illinois volunteers) had come to re-enforce Captain Elliotts company at the bridge. There had been a fight early in the morning, about 7 a. in., between Cap- tain Elliotts company and the secessionists, and the former, about forty in number, were taken prisoners by the latter. The secessionists then moved toward Black- well Station where they were met by Captain Lippmncott, both l)arties firing. I did not see but heard the firing. The bridge was burnt about S a. m. about the 15th of October, 1861. The bridge was burnedwhile some of the secessionists, mostly cavalry, were on their way to Blackwell Station. By the ACCUSED: Question. Were there any officers in command of the men who burned the bridge? Answer. I suppose there were. Some had swords, some had long knives. Heard an order given by one man with captains straps on his shoulder and saw the order obeyed. Question. Do you belong to any secret order or society of men by whicb you are bound by oath to dO all in your power to punish Hearst as a deserter from the army of Jeff. Thompson? Answer. I decline to answer. By the COMMISSiON: Question. How near to bridge was accused when you saw him with firebrand in his hand, and did you see hut apply the torch? Answer. lie was about thirty or forty yards from bridge. I spoke to hini as he passed. Other men had just preceded him fifteen or t~venty steps with firebrands in their hands. I did not know who they were. I (lid not see him apply the torch. Qnestion. Were the secessionists in uniform9 or 1)art of theni only, and what prOl)Ortion so far as you could judge? Answer. I did not see any persons in unifornin except the person who called him- self Jeff. Thompson and the captain 1 have alluded to. The best part of them had overcoats on of different colors, and may have had uniforms on under them for all I know. There being no further questions to propose to the witness the evi- dence he had given was read to him and he was dismissed. WILLIAM BLACKWELL, a witness for the prosecution, was duly sworn. By the JUIJGE-AIJVOCATE: Question. State your urnmne, occupation, all(l residence. Answer. William Blackwell, ot Saint Francois County; a farmer; and reside on Iron Mountain Railroad. Question. How far do you live from Big River bridge? Answer. Some 300 or 400 yards southeast of bridge. Question. Do you know the accused, and how- long have you knowim him, and were you accustomed to see him often? Answer. Yes; some ten or twelve years. Saw him occasionally, at one time fre- quently, and at another time, when he moved to a greater distance, not S) often Page 287 EARLY EVENTS IN MISSOURI, ETC. 287 Question. Were you present at the burning of the Big Thver hridge~ Answer. I was not at the bridge but saw it from my house aburning. Question. Did you see any person engaged in the burning of bridge~ Answer. Yes, sir; I saw a good many men running down from the camp which they had captured on the hill, with something in their hands emitting smoke; apl)eared to be on fire. I was so far off I could not see the fire itself. I did not recognize Mr. Hearst in that crowd; I was so fir off300 or 400 yardsI could not recognize him, but recognized him after the bridge was on fire in the crowd going down the railroad line, and that was the last time I saw Mr. Hearst until he was a prisoner. Question. How far were you from the accused when you recognized him? Answer. I was close to hima few paces offas he passed my house. Cant say whether he was armed or not. lie was going southward when I saw him. There had been a light in the morning before bridge was burned between Jeff. Thomp- son s men an(l Captain Elliott. The latter were taken prisoners and disarmed after the fight at the bridge and the burning of it. There was also a fight at Blnckwell Station. Question. Did the fight at Black well Station] take place after the bridge was burned? Answer. After, sir; time firing was heard by me after I saw the bridge on fire. By the ACCUSED: Question. About how many men composed the army or company which passed your house going from the bridge? Answer. I suppose there were about 140 or 150 men. Question. Was any portion of railroad track torn up on the south, Saint Francois side, of the bridge? Answer. I think there were a few rails torn up. There being no further questions to propose to the witness, the evidence he had given was read to him and he was dismissed. The examination by the prosecution was here closed. HENRY P. BATES, a witness for the defense, was duly sworn. By the ACCUSED: Question. Are you acquained with me? Answer. Yes; I have known him since a boy. Question. At what time did you see me last before my arrest and where? Answer. I saw him about the 5th of November at my place of doing business, called Morses Mills, on Big River, Jefferson County, Mo. Question. Did you request Captain Dover or other U. S. officer to arrest me, and at whose request did you do so, and for what reason? Answer. I wrote to Captain Dover to go and arrest Mr. Hearst at his own solicita- tioim. The reason, as he told me, using his own expressionthat he had joined Jeff. Thompsons army; that he was not going back there, and wished to be arrested as a prisoner of war of the United States; also that he wished to avail himself of the ordi- nance of the State convention and of the proclamation of Governor Gamble. The reason of his request to be arrested instead of giving himself up, as he stated, was that he feared the punishment that would he inflicted on him as a deserter in case he should fall into the hands of the rebel army. Question. Did Captain Dover arrest me? If not, why~ Answer. No, sir; Captain Dover. being absent from his post, did not get my letter before he was arreste(l by Captain Miller, of the detective police Page 288 288 PRISONERS OF WAR, ETC. Question. Did I go voluntarily to YOU and propose my arrest, and where was I arrested? Answer. He caine voluntarily to me and asked me if I could not have him arrested. I cannot say of my own knowledge where he was arrested but before leaving I said to him, William, where will you be found in cnse I send someone to arrest you? And he answered that he would be found at home. At the time alluded to Mr. Hearst appeared quite penitent and could not speak of the subject without tears. I was not aware, at the time, that he was in the neP~hborhood. Question. Do you know my past reputation as a citizen? and if so what has it been? Answer. I have known Mr. Hearst for a long time; his general reputation was gooda good neighbor and fast friend when he was attached to any person. In point of education, very limited; he seldom rea(ls. I woul(l state that the present position of Mr. Hearst before this court was brought about by my advice to him. By the JUDGE-ADVOCATE Question. Was lie at home or in such position in regard to U. S. forces that he could or would have becit arrested whether yon had writteii to Captain Dover or not? Answer. If he had not followed my advice and gone home lie could have avoided being arrested. Question. Was he within the lines of the IT. S forces at that timex Answer. Yes, sir. There being no further questions to propose to witness the evidence he had given was read to him and lie was dismissed. JOHN TOMBS, a witness for defense, was duly sworn. By the AccusED: Question. Are you acquainted with me? Answer. Not personally. Question. State your knowledge of my acts showing an intention to avail myself of the benefit of the amnesty provided by the ordinance of the Missouri State convention passed on 16th of October, 1861, before the time of my arrest. Answer. On or about the 3d of November last the brother of the accused came to me and said that he and his brother had come home with the intention of staying at home. He requested me to go to see Colonel Lawson the next morning (Monday) and state to Lawson that they had come home with the intention of staying, and to ask his advice whether they had better deliver themselves up to him or to troops at Big River bridge. 1 went to Lawson next morning, and he said he would go with them up to the force at Pilot Knob, if they would go up there with him. He said that if they would deliver themselves up as prisoners of war lie would take them up to Pilot Knob. He told me to go back and tell them to keep out of the road until he could go up with them, as he had to go to Saint Louis, and would not be able to go up with them for a few days. I came back about 1 or 2 oclock same day and told George Hearst, brother of accused, the message Colonel Lawson sent, and to tell his brother to keep out of the way until he, Lawson, returned from Saint Louis, for the reason that the troops at Big River bridge would treat him very roughly if they took him. There was a sick child at Georges house, so that he could not ~o down to his brother Williams nonse until Wednesday morning, and in the meantime they came and took his brother. The brother of accused came back the same even- ing and told me that his brother William was taken. George Hearst delivered him- self up to Colonel Lawson, took the oath of allegiance, and is now at home with a pass. Colonel Lawson belongs to U. S. forces. There being no further questions to propose to the witness the evi- dence he had given was read to him and be was dismissed Page 289 EARLY EVENTS IN MISSOURI, ETC. 289 WILLIAM BLACKWELL, a witness for the prosecution, recalled. By the JUDGE-ADVOCATE: Question. Was Big River bridge the day be%re or some time pre- vious to its being burned within the lines of the U. S. forces? Answer. Yes; there were U. S. troops to the southward of bridge. Evidence read to witness by judge-advocate and he was dismissed. The accused represented to the commission that aii important wit- ness in his behalf was not in the city of Saint Louis, but would be here in two days; and having satisfied the commission that the evidence expected from said witness was necessary for his proper defense the case was postponed to Monday, January 13, at 10 a. in. The commission then adjourned to meet to-morrow, Saturday, Jan- uary 11, at 10 a. in. SAINT Louis, Mo., January 11, 186210 a. m. The commissioii met l)ursnalit to adjournmciit, all the members present. The absence of Capt. T. W. Sweeny, Second Infantry, U. S. Army, on yesterday was due to the fact as stated by hin) that lie presented himself to the sentinels on Gratiot street, the route usually takeu by mneiimbers of the commission to their office, for the purpose of proceeding to the said office and to the performance of his duties when he was stol)ped by the sentinels; and when lie informed them that he was a member of the military commission they still refused to let him pass and lie therefore turned back. There being no business before the commission it adjourned to meet on Monday, January 13, 1862, at 10 a. in. SAINT Louis, Mo., January 13, 186210 a. rn. The commission met pursuant to adjournment, all the members present. The accused, William Hearst, also present. Time proceedings of January 10 and 11 were read over to the com- mission by the judge-advocate. THOMAS E. MOTHERSHEAD, a witness for the defense, was duly sworn. By the ACCUSED: Question. State your name, residence, and occupation. Answer. Thomas E. Mothershead; live within eight miles of Hhlisborough, western part of Jefferson County, Mo.; a farmer. Question. Do you know me, and how long have you known me? Answer. We were boys raised together, and I am thirty-two years 01(1. We lived within one and a half miles of each other until we were marrie(l. Question. Have you any knowledge of my enlistment as a soldier in the army of Jeff. Thompson, and if so, when and where did time enlist- ment occur? Answer. I have some knowledge of it. I was in Bloomfield, Stoddard County, Mo., and went down to the camp of Colonel Lowes regiment, in Jeff. Thompson s 19 H IlSER II, VOL Page 290 290 .eRI~ONERS OF WAR, ETC. army, and there ~ saw William hearst. and several others whom I knew, and hearst told me that he was going to enlist and asked me to go up with him. We went up together to the headquarters of Colonel Lowe, and there Colonel Lowe swore him in as a private soldier in my presence. I saw him after that several times in the com- pany to whieli lie belonged. Question. State the reputation as a citizen I have hitherto ei~joyed, and also any knowledge you may have of the influences brought to bear upon me to induce me to go into the rebellion. Answer. He was a citizen of Jefferson County, a farmer, peaceable as any man you could pick out down there; reputation as good and honest as any man in the country. I have seen, William Hearst there frequently in county; and there were some men in the home guards at Dc Soto who did not like Hearst, and would report that he (Hearst) had been drilling there for the purpose ot whipping the home guard, and through their influence and action he became satisfied that his life was in danger if he stayed there. He thought so and so expressed himself to me. He told me that was the cause of his going dowii to the army, and he said after he got (lowli there that if he thought the men of the home guard would not pester or niolest him he would go back home and stay there, and would have nothing to (10 with Jeff. Thompsons army. We had frequent conversations on the subject before lie left and he always expressed these sentiments. He was a man that would rather do anything else than leave home; always talked in that waythat is, that he would not leave home unless afeared of persecution by some men of the home guard. One of these men was a cousin of Hearsts, and had heen hired by him as a farm hand, and he would not work unless William Hearst was with him, and William discharged him, aiid lie consequently became an enemy. Question. Were you in Jefferson County at the time the bridge over Big River was burned3? Answer. No, sir; I was not. Question. Have you any knowledge of the fight at Big River l)ridge or at Blackwell Station on or about October 16, 1861, and whether the bummi- ing of said bridge by Jeff. Thompson and his men was necessary to effect their escape or not? Answer. I have no knowledge of the fight or of the burning of the bridge except from hearsay. By the JUDGE-ADVOCATE: Question. Do you know the names of the officers in command o~ the name of the regiment in which the accuse(l enlisted at Bloomfield? Answer. I know some of them. The captains name was White, an(l the first lieu- tenants name was Whittaker Martin. It was a cavalry company attached to Colonel Lowes regiment, under Jeff. Thompson. Question. What was the date of the enlistment of the accused? Answer. I think it was between the middle and the last of September, 1861. Question. You say that the accused, William Hearst, had beemm reported by some men of the home guard at De Soto as drilling men to whip the home guard; do you know whether this accusation was tine or false? Answer. It was false to my personal knowledge. I know he never did; he coeld not. do it. There being no further questions to propose to the witness the cvi - (hence he had given was read to him by the judge-advocate an(1 the witness dismissed. The examination by the defense was here closed. The accused then presented his written defense, appended to these proceedings and marked A, which was read to the commission by the jadge-advocate Page 291 EARLY EVENTS IN MISSOURI, ETC. 291 The commission was then cleared ftr deliberation, and haviiig ma- turely weighed and considered the evidence adduced find the accused, William Hearst, of Jefferson County, Mo., as follows: Of the specification, guilty. Of the charge, guilty. And the commission does therefore sentence the said William I learst, of Jefferson County, Mo., to be shot to death. S. D. STUILIGIS, Brigadier- General, U. S. Army. 1{ICHD D. CUTTS, Colonel, U. S. Army, and Judge-Advocate. The commission then adjourned to meet to-morrow, Tuesday, Janu- ary 14, 1862, at 10 a. m. The commission having thus performed the painful duty of awarding punishment in conformity to the laws of war and to General Orders, No. 32, 1861, which deprived them of all discretionary power, beg leave to recommend the case of William Hearst to the merciful considera- tion of the confirming authority. The members of the commission engaged in the trial have reason to believe that the prisoner is an unusually stupid and ignorant man ,and not capable of discriminating between the lawful commands of a supe- rior officer and those that are criminal; that he enlisted in the rebel ranks more from unfounded fear of his neighbors than from any deep- seated feeling of disloyalty, and that lie voluntarily delivered himself up as a prisoner when he could have escaped arrest. S. D. STUIRGIS, Brigadier- General, U. ~S. Army. iRICHD D. CUTTS, ~Jolonei, U. S. Army, and Judge-Adeocate. JOHN SCOTT, Lieu tenant- Colonel Third Iowa Infantry. E. W. CHAMBERLAIN, Major First Iowa Ca ralry. EXHIBiT A. Being illiterate I was made the dupe of bad men who have hitherto borne such a good name in my neighborhood that I was led to place confidence in them. 11 never entertained a thought of overthrowing the Government, but went to Thompsons army through fear of Fed- eral troops whom I was induced to believe were coming upon me and my neighbors with fire and the sword to commit an indiscriminate slaughter. I was told and believed that the Federal troops were usurping authority and destroying the guarantees of the Coiistitution. Thus misled I went to Jell Thompsons rebel army, who I believed were fighting for the Constitution against usurpation of the President. The evidence shows that I there enlisted iii a company organized as I understood by authority of the laws of the State of Missouri. Being regularly mustered into the said army I became subject to the orders of the officers of the company and battalion. We were ordered to march up to the Big River bridge. We were told that the destruction of that bridge was a military necessity, and were ordered by our officers under the penalties inflicted by military law for disobedience of orders to destroy the bridge. I felt it was wrong at the time, and hesitated. The bridge was fired by others not by myselL The statements of th Page 292 292 PRISONERS OF WAR, ETC. witness Wilson are untrue. He was present at the bnrning of the bridge and was as active as any of the men of Thompson, and as much rejoiced at our success. A confrere and associate of the leading seces- sionists in Jefferson County before that time, his hesitancy and refus~L1 to answer as to his membership of the order of Knights of the Golden Circle must be satisfactory to time court of his complicity with the schemes of the rebellion and the wicked purposes of his statements. The evidence shows how I returned to my home as soon as I found that I could do so and as soon as it was shown to my understanding how greatly I had been duped. The proof shows that I returned and offered to comply with the provisions of the ordinance of the Missonri State convention to obtain the amnesty there offered. This I ~x as prevented from doing by my arrest and imprisonment. I did hesitate to go voluntarily and surrender myself; I knew the fearthl punishment which the members of the order of the Knights of the Golden Circle were sworn to visit upon a deserter from the rebel army and I therefore requested Mr. Bates and sent for Colonel Lawson to send and have inc arrested. Iii good faith I laid down my arms, relying upon the amnesty prom- ised by the convention and which I am informed the President of the United States has recogrized and agreed to resl)ect. I have becim humbugged into the folly and crime of rebellion. I saw the deception practiced upon me, aiid felt the folly and crime I had been guilty of I sought to return to my allegiance. I was assured of safety in so doiiig. I would not have been taken had I not desired it. Time proof shows this. My hands bear no stains of blood. I was never in a battle. All that I did was in a regular manner of regular warfare. If I am miot permitted to return to my allegiance under time provisions of time Or(li- nance of the convention I am still entitled to the treatment of a prisoner of war. This I do not desire as I do not wish to be exchanged. I submit my fate to this commission. If the pumiisliment 1 have endured be not sufficient for unintentional crime I lmave been guilty of toward my country I am willing to endure more. What I may not ask of the justice of time commission I may entreat of its mercy that I may be permnitted to return to my allegiance my home and imy flumnily, and by future loyalty and devotion to the Constitution and Ummion of the Ummited States endeavor to atone for the error of the past. WILLIAM HEARST. The findimmg and sentence are approved ; but in consideration of time recommendation of the members of the conimnission, on accoumit of the general ignorance and stupidity of the prisoner the sentence is nmiti- gated to confinement in the military prison during the war. II. W. HALLECK, Major- ~iJenerai. Trial of Col. Ebemtezer illiagoffin, acCnSCd oJ mur(ler and violation q/ parole. SAINT Louis, Mo., February 6, P-621U a. in. The commissioml* met l)ursuant to adjournment Present as follows: Brig. Gen. l)avid S. Stanley, U. S. Army; Col. R. D. Cutts, of the staff; Lieut. Col. John Scott, Third Iowa Volmi- teers. Constituted by Special Orders, No. Si, p. 284. Brig. Gen. D. S. Stanley, U. S. Army, relieved Brig. Gen. S. D. Sturgis, U. S. Army, on this commission in pursu- ance of Special Orders, No. 59, January 20, 1862, omitted Page 293 EARLY EVENTS IN MISSOURI, ETC. 293 The accused, Col. Ebenezer Magoffin, also present. Capt. Lewis [Louis 11.1 Marshall, Tenth U. S. Infantry, being present iu pnrsuance of an omitted order of General Halleck J, the judge-advo- cate asked the accused if he had arty objection to Captain Marshall being a member of the commission, to which he replied he had not. Capt. Lewis Marshall, Tenth U. S. Infantry, was then dnly sworn by the JlI(lge-advocate in the presence of the accused. The accused then presented his plea to the jurisdiction of the corn- mission for the offense set forth in the specification tinder charge 1, which plea was read to the commission by the counsel for the accused, and will be found attached (marked A) to these proceedings. The commission was then cleared for deliberation, and after duly weighing the argument and reasons adduced the doors were reopened and the president announced the decision of the commission to be adverse to the plea of jurisdiction as urged by the accnsed. The accused was then arraigned npon the following charges and specifications, which were read aloud to the commission by the judge- advocate: ChARGE 1: Killing in violation of the laws of war. Specification .In this, that he, Ebenezer Magoffin, of Pettis County, Mo., not being a legitimate beligerent did wantonly and maliciously kill and murder George W. Glasgow, a sergeant iu Company C, First Illinois Cavalry, and a soldier in the service of the United States by shooting him with a ball from a gun or pistol. This at Georgetown, P ettis County, Mo., on or a bout the 1st day of September, 1861. ChARGE 2: Violation of parole. SpecificationIn this, that he, Ebenezer Magoffin, of Pettis County, Mo., said to be an officer in the rebel army, having on or about the 10th day of December, 1861, given his parole of honor not to resume arms against the Government of the United States and having in consideration therefor received a safeguard dated December 10, 1861, (lid violate said parole of honor. This at or near Milford, Johnson County, Mo., on or about the 18th day of December, 1861, where and when said Magoffin was captured in arms and in league with the enemies to said Government of the United States. The judge-advocate then addressed the accused as follows: You have heard the charges preferred against you; how say you, guilty or not guilty? To which lie pleaded as follows: To the specification, first charge, not guilty. To the first charge, not guilty. To the specification, second charge, not guilty. To the second charge, not guilty. Lient. Col. E. B. BROWN, a witness for the prosecution, was duly sworn. By the JUDGE-ADVOCATE: Questiomi. State your name and rank. Answer. E. B. Brown~ lieutenant-colonel of the Seventh Regiment of Missouri Volunteers. Question. Are you acquainted with the accuse(l ? Answer. I aiim. Question. Have you within time last two nionthis had any business with the accused in your official capacity as an officer in the U. S. serv- ice? And if so state what that business was. Answer. On or about the 6th day of December, 1861, I was stationed at Sedalia, Pettis County, Mo. At that time it ~vas reported that the accnsed was in the vicinity of his residence, about twelve miles distant from Sedalia, making an effort to see his wife, who was dangerously ill. It was also reported that he was desirou Page 294 294 PRISONERS OF WAR, ETC. of visiting her under the protection of the United States Government. At the inter- cession of friends of the Government, who were also friends of the accused, Col. ired. Steele, of the Eighth Iowa, acting hrigadier-general of the lJ. S. troops stationed at that post, ordered me to meet the accused at some point to be agreed upon and offer him a safeguard that would permit him to visit his family without molesta- tion. In accordance with that order I met the accused at the residence of Col. James R. Hughes on or about the 10th day of Decemher. In the interview, which lasted ahout half an honr, I agreed with him upon the terms under which he could meet his family and remain with them for a limited period, he giving me his verbal parole of honor that during that tinie he would commit no act against the Govern- ment of the United States or communicate any information he should come in posses- sion of. I went with him to his own house, and after remaining there about an hour I left with him a writteu safeguard under the agreement previously made at the resi- dence of Colonel Hughes. The safeguard was written in the usual form, and essen- tially as follows: A safeguard is granted to Col. E. Magoffin, protecting him in person and property until the 20th day of December, 1861. Officers and soldier8 of the U. S. Army will obey this order, and in no way molest him or his family. It was signed by order of Col. F. Steele, commanding post at Sedalia, with my name and rank as acting aide to General Steele. My regular duties were as com- missary and quartermaster of the Fifth Division of the Army of the Missouri. I had no conversation at that time with the accused after he entered his house. On December 15, 1861, it was reported to Colonel Steele that the accused desired an extension of his safeguard, and as the command was ordered to move on that day towar(l the Osage River, and would not probably return before the 20th he ordered me to leave another safeguard with Colonel Hughes, to be by him delivered to the accused if he chose to accept it. A copy of that safeguard or the original was sent some thue after to headquarters of the department. On the night of December 19, 1861, a large nuniber of prisoners were brought into camp at Clear Creek, about nine miles east of Warrensburg. Those prisoners were delivered into my charge, an(l amongst them was the accused. I was not personally present when the prisoners were taken. They were delivered to my charge by order of General Pope, as being a body of men or soldiers of the Southern Confederacy taken in arms at Milford on the afternoon of that day. The next day the command nioved toward Sedalia the accused being with inc most of the time, and he remained at Sedahia after the com- mand arrived on his parole given by me and by order of Colonel Steele until the body of prisoners was seutto Saint Louis. When I met the accused first at Clear Creek on the morning following the captnre I expressed my surprise to find him there and away from his home. He answered: I have returned the safeguard with a letter of explanation. I was convinced there would be an attempt made to assassinate me and that my lite was not safe at my own house. He said that he was not in arms; that he was traveling with the body of men who had been captured for his own pro- tection. At numerous times while we were together be reiterated the same senti- ments, but acknowledged that he was among the prisoners and was at Milford at the tim~ of the fight between our troops and time enemy. I asked him why he did not give notice to the commander of the post at Seclalia of his apprehensions of being assassinate(l, and either ask for a guar(l to l)rotect him at his own house or come within the lines at Sedalia for protection. He replied that there seemed to be an itnac- countable bitterness of feeling toward bun and that he would not feel safe so long as he remained in that part of Missouri. The safeguards and paroles were given and received under the supposition that the accused was an officer in the army of General Sterling Price, which the accused claimed and acknowledged himself to be, although claiming no command at Milford when taken. Question. In your statements you allude to two safeguards written for the accused on December 10 and December 15, 1861; were they both written by you, and were they identical in terms and language~ Answer. They were both written by me, but were not identical in language though they were in general terms. TIme last safeguard said it was given by order of General Halleck. The first did not cite General Hallecks authority. The last safeguard was unlimited in duration. Question. In the safeguard left by you with the accused on or about December 10 was there any prohibition in the safeguard or statement to the same effect against the taking up of arms or communicating with the enemy on the part of the accused? Answer. It expressed in general termums that tIme accused should receive the protec- tion of the United States Government so long as lie remained a loyal citizen. It wa Page 295 EARLY EVENTS IN MISSOURI, ETC 295 written in ink amid niuch distress in the family There was l)ut one piece of paper to 1)e found in the house an(l that small, and the salbguard was necessarily expressed in few words. I do not recollect the exact language used. Question. In your stateiuent you say that on the 15th of I)eceinber you were directed by Col. F. Steele to leave another safeguard in case the accused should determine to accept it. Do I understand you to say that the parole was given and the first safeguard delivered to the accused with a view merely to allow him to visit his flimily; or was it with the niiderstauding that lie was to become and remain a loyal citizen ~ Answer. When I met him at the residence of Colonel Hughes on the aight of December 10, 1861, 1 said to him that I had been ordered by the commanding officer at Sedalia to offer him the protection of the Government, so that he could visit his family and remain at home if he chose to do so. I also stated that Colonel Steele had been advised that such was the wish of the accused. The accused replied: I wish to see my wife; and as I have been exposed to the weather, sleeping out on the prairie at night, I am not in a condition to think intelligibly, as my mind is so harassed, and I wish ten or fifteen days to give an answer (it was in answer to a proposition for a permanent safeguard), and that in the meantime he would give a decision. ithen told him that I would give him the safeguard for the limited time he wished, and took his parole. At the time of the giving of the first safeguard the accused was not viewed in the light of a prisoner of war further than the giviug of the safeguard and the receiving of the parole would constructively make him so; that he would he at liberty at the time the safeguard expired to leave his home aud place himself in the same position as before I met himthat is, as an enemy. F he proposition to the accused to visit his family was volunteered by the Government. Question. Would you recognize the safeguard last ~vritteim by you if shown to you? Answer. Yes, sir. Question. Is this the safhguard? (Showing p~~1)e1, immarked 8, and attached to these proceedings.) Answer. Yes, sir; this safeguard was written on the 15th. but dated hack to the 10th, at the time when I received the parole. The object of so doing was to correct any supposed imperfections that might have existed in the first. By the ACCUSED. Question. How far is Hughes residence front time home of the accused ~? Answer. About ten miles, I should judge. Question. Was the safeguard, the first oiie, written at Hughes~ or after you and the accused went to his house? Answer. After I went to the house of the accused. Question. l)id you give the paper to the accused iii verso attem you wrote it? Answer. I did not. I went to his room to give it to him, and he was holding his wife in his arms, who was supposed to be (lyimig. I handed it to a member of his fiuamilyhis daughter, 1 think. It was given in accordance with the agreenient made at Colonel Hughes house. Question. Have you ever seen the first safeguard since you wrote it, and are you sure that anything was written in that paper abonm~ loyalty to the United States? Answer. I have not seen it since I wrote it, amid I have ommly a general recollection of its terms, and am not positive whether the word loyalty to the 1mmitul States w as used. 1 think it was. Question. In the conversation you have already recited between you and the accused at Clear Creek, and afterward elsewhere, was anything said by the accused about the insufficiency of the safeguard to l)rotect his property from the depredations of the soldiers of the United States? lf so, state what it was to the best of your recollection Page 296 296 PRISONERS OF WAR, ETC. Answer. There was no conversation that expressed an insufficiency of the safe- guard. He stated thit an officer who had been there with a small command, and to whom was presented the first safeguard that I left at his residence, doubted its valid- ity when first shown to him, but afterward obeyed it By validity I mean genniuc- ness. I do not know who the officer was. I staid at the house of Colonel Hughes the night of the 10th and until after breakfast on the morning of the 11th; and when on my return to Sedalia in company with Colonel Hughes I learned that there was a body of soldiers at the house of the accused who had ordered breakfast and refused to recognize the safeguard, I immediately turned back for the purpose .f ascertaining in relation to it; and when within about a mile of the accuseds resi- dence I met a man who I believe was a member of the family of the accused who told me that the officer and soldiers had left and had recognized the authority of the safeguard. I then turned back and pursued my journey. Question. Did you not in your official capacity Iearii that the prop- erty of the accused was destroyed by the U. S. soldiers and his hogs slaughtered by them in spite of the safeguard? Answer. I did not. Question. In the last safeguard written by you you use the wor(ls in reference to the accused, Ebenezer Magoffin, formerly a colonel in the Southern Confederacy. What were the words in reference to the accused in the first? Answer. I do not recollect. Question. How long have yomt becit stationed at or near Sedalia? Answer. Since November 17, 1861. Question. State to the court how long you have known the accused, what have been your means of kiiowing his character, and what that character is. Answer. I met the accused once in August last, l)revions to December 10, 1861. I have known him by reputation particularly since the middle of .J ily, 1861. 1 was in command of the U. S. troops at Jefferson City arid on the line of the Pacific t~ail. road west. In July and August of that year heard very often of the accl]se(l as being an active enemy of the Government an(1 general reputation of being a bad man. I had opportunities during that time and during the time I was stationed at Sedalia this winter of learning more of his character. I have xever been able to learn of any act of a marauding character or that was different from that pursued by other enemies of the Government in that part of the country during the tine. His reputation among Union men in Pettis County is that previous to the present war he was known as a high-toned, honorable gentleman. Question. Are you able to state whether there did exist in the i~irt of Missouri around Sedalia a bitter hostility agaiiist the accused? Answer. There isamong the less intelligent of the loyal hone guards. Lieutenant-Colonel FISCHEJI, a member of the commission, made his appearance during the session, and as soon as possible after he was notified of the fact; but not having heard the eamlier part of the wit- nesses testimony and iiot being consequently qualified to vote or act in the present trial he was excused from being 1)resent. The commission adjourned to meet to-niorrow, Friday, Febmuaiy 7, 1862, at 10 a. in. SAINT Louis, Mo., February 7, 1R621O a. in. The commission met pursuant to adjournment. Present: Brig. Gen. David S. Stanley, U. S. Army; Col. R. D. Cii tts, of the staff; Licut. Col. Joh ii Scott, Third Iowa Volunteers; Capt. Lewis Maishall, Tenth Infantry, U. S. Army Page 297 EARLY EVENTS IN MISSOURI, ETC. 297 The accused, Ebenezer Magoffin, also present. The proceedings of yesterday were being read by the judge-advocate, when by the assent of the commission and the accused the further read- ing was dispensed with. The examination of the witness, Col. E. B. BROWN, was resumed. By the ACCUSED: Question. Was or was not the accused regarded and treated by the officers of the United States in command at Sedalia and at other posts in Missouri as a belligerent of the grade of colonel in the ranks of the enemy? Answer. He was. Question. Had you any reason to doubt the status thus assigned to him? Answer. I had not. Question. Had you or had you not official information that the accused was in the battle of Carthage in arms against the U. S. forces in the capacity of aide to the governor of the State, Claiborne [F. J Jack- son; that he afterward raised a regiment in the counties of Saline and Pettis, in this State, in virtue of a commission as colonel, under the proclamation of Jackson, or of his major-general, Sterling Price? Answer. No information on the subject, official or otherwise. Question. Where were you stationed at the time of the battle of Carthage ? Answer. .Jeffersou City, Mo., which is sixty-four miles from Sedalia. Question. What l)ortiou of this State did the home guards which you have referred to as bitterly hostile to the accuse4 occupy i Answer. I know of it only in the vicinity of Sedalia. Question. How far is it from Sedalia to Clear Creek? and how far from Sedalia to Warren sburg? How far from the residence of the accused is Clear Creek? Answer. Sedalia to Clear Creek, twenty-six miles; Sedalia to Warrensburg, thirty- five miles; residence of accnsed to Clear Creek, I do not know the distance certain I think al)ont twenty-five miles. Question. Did you or did you not at Otterville, in this State, in your capacity of an officer of the tTnited States treat with the accused? If your answer be in the affirmative, state the capacity in which the accused was recognized by you and the general character of the treaty you made with him. Answer. I did treat with him. He was recognized by me as a private citizen. I was at Otterville with my command about the 14th of Angust, 1561, where I met a committee of seven gentlemen, of whom the accused was one, sent for the purpose of making a treaty from a camp about twelve miles north of that place who the com- mittee alleged were banded together in a private capacity for the purpose of pro- tectiivr themselves against marauding bands of home guards and other parties (-lamming to be soldiers. The treaty was not as one between two belligerent parties. The committee disclaimed any wish, desire or intention of taking up arms against the Government of the United States and agreed to disband and go to their homes upon tbe issuing of orders preventing soldiers without any show of authority from arresting private citizens or taking their property. I issued the orders, sent about 1,000 copies to the camp from wbich the committee was sent and moved my com- mand back to Jefferson City, Immediately on receipt of the orders the camp was broken up Page 298 298 PRISONERS OF WAR, ETC. Question. Had you ever seen the last safeguard sent by you to the accused from the time you sent it up to the period wlieii it was shown to you yesterday by the judge-advocate~ Answer. I saw it with a letttr that was directed to Colonel 1-lughes in which the safeguard was inclosed when returned. Question. In whose hands were the safeguard and letter when shown to you, and when and where~ Answer. In the hands of Colonel Steele at Sedalia, abont 1)eccmber 23, 1861. By the JUDGE-ADVOCATE: Question. How far and in what direction is the house of the accused from Milford where he was taken prisoner ~ Answer. I should think about fifteen miles, and the direction about northeast. Question. Will you state whether within your knowledge there was any application direct or indirect on the part of those speaking for the accused or in his name to obtain for him a safeguard on giving his parole. Answer. There was a direct application at Sedalia and at his resi(lence. I do not know whether it was authorized by the accused or not. Question. Was there no hostility toward the accused on the l)art of the intelligent loyal home guards, or was not that hostility general among all loyal citizens and soldiers ? Answer. There seemed to be a marked personal interest and friendship on the part of the intelligent loyal citizens and home guards for the accused, but strongly condemned his course iu connecting himself with the enemies of the Government. Question. Do you know or have you reason to believe that the hos- tility of the loyal home guards or of any other soldier or citizen would lead theni to rob or maltreat the accused whether he had or had not a safeguard? Answer. I have no reason to believe that they would. I never llear(l him threat- ened by any body or person. Question. Do you know of your own knowledge that the accused was a colonel in the service of General Price or of the Confederate States, or only from hearsay? Answer. Only from hearsay. I do not know of my own personal knowledre Questiomi. State the date when the treaty was made with the coin- mittee of seven gentlemen and whether or not the accused informed you that he was a private gentleman or an officer in the service of General Price, or of the Confederate States. Answer. On or about the 14th of August, 1861. I had no conversation with the accused at the meeting of the committee referred to. Maj. James B. Harris was the organ of the committee; and through him and in the presence of the entire com- mittee I learned that the Imarties in the camp referred to did not wish to be consid- ered in any other light than private citizens. Question. Had you any conversation with the accused about August 14, 1861, in reference to his being a l)rivate gentleman and not an officer in arms against the United States? Answer. I did not. By the COMMISSION: Question. In your interview with the accused was there anything said concerning the accused returning tIme safeguard should lie change his intention of remaining at home? Answer. There was not Page 299 EARLY EVENTS IN MISSOURI, ETC. 299 Question. At the interview with the accused was anything said or agreed upon as to the accused reporting himself to the commander of the district or post, and if so was any time or place designated ~ Answer. There was a conversation relative to his meeting the commander of the post for the purpose of making an arrangement by which he could remain at home but no time or place agreed upon. Two days afterward I saw the accused at his house and he said that he would prefer not to go to the post for the purpose of the interview referred to, alleging as a reason that there was a bitter feeling against him and he feared that he would be subject to violenceat any rate to being annoyed. By the ACCUSED: Question. At that interview (the first) did the accused see or read or have read to him the first safeguard before you left his house. Answer. He did not. Question. You say there was something said in the first interview about the accused going to the commander of the post; where was that at Hughes house or at the residence of the accused ~ Answer. At the house of Colonel Hughes. Question. Did the accused at any time, either at the first interview or the second, abandon his expressed desire to take time of ten to fifteen days to consider what he would ultimately do as to remaining at home ~ Answer. He did not. I had no conversation with him in relation to that subject except at the first interview. Question. At the second interview what seemed to be the condition of the mind of the accused ~ I mean as compared with its condition when you first met him. Answer. I could make no comparison, as in the second interview the deep afflic- tion he was in reemed to absent all other feeling as he was at the funeral of his wife. There being no further questions to ask the witness the testimony he had given was read to him and he then requested permission to add as follows: In the first interview at the residence of Colonel Hughes his mind was so much distracted that he was unable to keep up a connected conversation, and so evident was the distress under which he was laboring that I was impressed with the idea that he was bordering on insanity and so expressed myself to Colonel Hughes. JAlVEES IR. HUGHES, a witness for the prosecution, was duly sworn. By the JUDGE-ADVOCATE: Question. State your name and rank. Answer. James R. Hughes. Question. Are you acquainted with the accused ~ Answer. I am. Question. Do you or do you not know anything in regard to the - reported giving of a parole by the accused l and if so state the time, its terms and circumstances connected therewith. Answer. I do. On the 9th day of December, 1861, I went to Sedalia to see if I could not get a parole for Mr. Magoffin, and after I had reached Sedalia I saw Colonel Brown and represented to him that I had been a practicing physician of Mrs. Ma,, offin. I told him that her case was a very critical one and that I very much desired that Colonel Magoffin should be enabled to get a parole; that I be- lieved his wife would die; and represented the case in as humane light as I could as I was justified in doingthat he might be with her. After holding said interview with Colonel Brown he immediately went to General Steele. General Steele an Page 300 300 PRISONERS OF WAR, ETC. Colonel Brown returne4 to me and I related the same circumstances to General Steele that I had to Colonel Brown. General Steeles reply to me was that if I could communicate with Mr. Magoffin and find out if Mr. Magoffin would consent to an interview with him that he would give him a safe conduct in and a safe con- duct out if they did not come to terms. I returned from Sedalia through George- town, requested Mr. Ira Barnes to go to Mr. Hutchison, the father-in-law of Mr. Magoffin, and for him (Ira Barnes) and Mr. Hutehison to meet me at my house as soon as they could, which they did about 3 oclock in the afternoon. I related to them the interview between General Steele, Colonel Brown and myself and requested Mr. Hutchison if he could communicate with Mr. Magoffin that I be- lieved that General Steele would grant him terms to return to his wife that would be perfectly satisfactory to himself Mr. Hutchison told me that he could and that he would and let me know during that night. About 1 or 2 oclock that night Mr. Hutchison came to my house and tokl me that Mr. Magoffin had consented to an inter- view with General Steele. I suggested that Mr. Magoffin should come to my house bcfore daylight and that I would report the designated place of meeting as being at my house. Mr. Magoffin arrived at my house before daylight that morning. On that morning about daylight I started back to Sedalia to communicate with General Steele. After I told him that Mr. Magoffin was desirous of said interview General Steele then remarked to me that he would have to telegraph to General Halleck to know if he could give him a parole without taking the oath. I had told him that Mr. Magoffin would not take the oath~ had not told him so that morning but previ- ously. I waited at Sedalia during that entire day with a great deal of impatience, and I suppose it was about sundown when I called upon General Steele for the last time. He told me that he had not received any satisfactory answer to his dis- patches. He had forwarded several that day so he told me. I urged upon him the necessity that if anything was doue it must be done immediately. General Steele~ went into his office and handed me a piece of paper which he told me would give Mr. Magoflin the privilege of going home and of being protected. I did not read the paper. I immediately asked Colonel Brown to accompany me to my house which he readily consented to do. I then told General Steele that Colonel Brown was going with me. General Steele then authorized Colonel Brown to give Mr. Magoffin a parole or safe conduct or whatever it was, and at which time I handed back to General Steele the paper he had previously handed me. Colonel Brown and myself immediately ordered Colonel Browns buggy and went immediately out to my house at which place we found Mr. Magoffin. I took Colonel Brown up to the room in ~xliich Mr. Magoffin was and I immediately withdrew, staying away from the room as long as I believed it was necessary for them to come to an understanding. I then returned to the room, anxious that Mr. Magoffin should be at home as soon as possi- ble with his wife; but they had not touched upon the question at all. As soon as I discovered that I started to withdraw again and Colonel Brown called me back. Colonel Brown then addressed Mr. Mago ffin and asked him what it was he desired that is as wcll as I can recollect. Mr. Magoffia replied he wished the privilege to go to the sick-bed of his wife in safety. Colonel Bro~vn asked him for what length of time he desired to remain at home as well as I can recollect. Mr. Magoffin replied ten or twenty days; that within that time the condition of his wife would be termi- nated one way or the other. Colonel Brown replied that he should be privileged to do so. I suggested myself right then the point to Mr. Magoffin to take a perpetual parole or conduct or whatever you may call it(upon explanation) I mean a safe- guard. Mr. Magoftin replied that he was not in a condition of mind to determine upon that matter, and asked if he could have that privilege within the time of deter- mining whether he would make it perpetual or not. Colonel Brown promptly responded yes. limmediately suggested that I did not wish to lose any time and told Mr. Magofhin to get ready and we would take him over to his house, which we did be- tween the hours of 10 and 1 oclock at night of the 10th. After we reached Mr. Magof- fins house we found Mrs. Magoffin in a dying condition. Mr. Magoffin was at her bed- side. Colonel Brown and myself were not disposed to disturb him. Colonel Brown called for pen, ink and paper and wrote the safeguard without Mr. Magoffins knowl- edge. The safeguard was a promise of protection of person and I believe property to Mr. Magoffinuntilthe2Othofthemonth. AfterColonelBrownandmyselfhadremained there an hour or more he (Colonel Brown) handed me the safeguard and I handed it to Mrs. Isaac Hutchison, Mr. Magoffins sister-in-law. I told her of the importance of the paper and at a proper time for her to hand it to Mr. Magoffin; and shortly afterward we left and went to my house arriving there some time between 1 and 4 o clock in the morning. I do not know whether Mr. Magoffin ever saw the paper or not; but I took it for granted that he had. This occurred on Monday night, the 9th of December, but I dont know whether it was before or after 12 oclock at night. Colonel Brown and myself arrived at my house about 10 or 10.30 p. in.; remained there not less than one hour and then started for Mr. Magoffins house, distant about three or three and a quarter miles. We were in a two-horse buggy; suppose it too Page 301 EARLY EVENTS IN MISSOURI, ETC. 301 us half an hour to travel the distance. Cant tell exactly how long I was in the house before the safeguard was written. On the Saturday afterward (December 14) I received a verbal message from Mr. Magoffin desiring to see me and on that even- ing I rode out to his house. I was then at Sedalia. I saw Mr. Magoflin out at his hog-pen in company with Mr. Hardin. After I had been there some little time Mr. Magoffin told me that he desired permission to accept of his perpetual parole or safeguard or whatever else it wasfor he and I considered it a continuation of the same that he had already received,and asked me if I would obtain it for him. He told me that he did not consider himself safe in his present position; that troops had passed through his place that day and had killed a number of his hogs. I told him that I could get it for him. I returned to Sedalia that evening and reported to Colonel Brown and General Steele what Mr. Magoffin desired. The next morning quite early Colonel Brown handed me the perpetual parole, safeguard or whatever you may call it just on the eve of starting upon the Milford expedition. After they had started I made an effort to get a pass for myself from the provost-marshal which was refused me on the ground that orders had been issued that no person should be permitted to pass out of the lines. I then made a second application and told him that my business was with Mr. Magoffin, stating its character. He then ordered a guard to take me through the lines. I went directly to my own house, took tea and afterward rode over to Mr. Magoffins. Mr. Magoffin was sent for and I told him that I had his parole, safeguard or whatever it may be and I showed it to him, and he asked me to read it and I did so. He and I discussed the conditions that were impos(d upon him by that. He asked me the question that if any of his relations or friends that had been engaged in Prices army were to come to his house about mealtime could he allow them to eat. My reply was, Do as I would do under just such circumstancesgive them their dinner, tell them he had given his parole and he would not be troubled with them any farther. After talking in general terms we separated and I went home leaving the paper ~vith him. The hour of 3 oclock having arrived, the commission adjourned until to-morrow, Saturday, February 8, 1862, at 10 a. m. SAINT LOUIS, Mo., ~ 8, 186210 a. n. The commission met pursuant to adjournment, all the members pres- cut except Lieutenant-Colonel Fischer. The accused, Ebenezer Magoffin, also present. The proceedings of yesterday were being read by the judge-advocate when by assent of the. commission and the accused the further reading was dispensed with. The exanAiiation of the witness, JAMES U. HUGHES, was resumed. By the JUDGE-ADVOCATE: Question. Would you recognize the paper you allude to were you to see it? Answer. I think I should. Question. Is this the paper? (Showing the witness the paper marked B attached to these proceedings.) Answer. Yes, sim-; this is it. Question. Did you or did you not have any conversation with or make any application to Colonel Steele or other officer of the United States in regard to giving a permit to the accused to visit his family or to stay at home before the 9th day of December, 1861? and if so state the character of the application. Answer. I did not to General Steele in person but did have the conversation with and did make the application to Colonel Brown. I told Colonel Brown several days before the 9th that Mrs. Magoffin had requested me to see the authorities there at Sedalia if he could not return home and remain there in quiet and safety Page 302 3O~ PRISONERS OF WAR, ETC. Question. Had you any authority direct or indirect from the accused authorizing or approving of such application in the first interview you had with Colonel Brown on the subject l Answer. Upon a return visit of mine from north Missouri I called at Mr. Magof- fins to see his wife and I found Mr. Magotfin in there. Just before I left his house I took him out and had a conversation with him; told him of his wifes condition and asked him if I could make any arrangements for his return would he do so I He told me that he would. There was nothing said asto the terms that I recollect of. The exact date of this conversation I do not recollect; it might have been two weeks or might have been four weeks before the 9th of December. The week preceding the 9th as well as I recollect I had another interview with Mr. Magoffin and told him that I did not believe he could get a parole or other paper heretofore alluded to without taking the oath of allegiance which I insisted upon his doing. After some little lapse of silence on Mr. Magoffins part he told me he could not take the oath. Question. Did he at either of the above interviews express any desire or authorize you to apply for a permit or parole to see his fam- ily or remain for any length of time at home? Answer. I think that in the last interview that he expressed himself that he would like to get a parole without taking the oath. That conversation did occur. I impressed upon him that he could not get a parole without taking the oath and he expressed some anxiety to receive the parole without the oath he and I be- lieving right then that the matter was ended; but being at Sedalin on the 9th and still hearing of the sinking condition of his wife on my own responsibility I brought the matter up before Colonel Brown again. Question. After your conversation with the accused on the 15th of December, 1861, did you have anything further to do in connection with the safeguard? Answer. On the 18th of the month as well as I can recollect I received a letter from Mr. Magoffin with that paper inclosed. The letter was dated on the 16th as well as I can recollect, it having been delayed two daysone day at my house and one day at Mr. Hutchisons. If the letter was dated on the 17th I received it on the 19th, as there were certainly two days interval between its date and receipt. Question. Is this the letter you allude to? (Showing him paper marked C and attached to these proceedings.) Answer. This is the letter. The letter and paper remained in my possession from the 18th until the Sunday morning afterward, the 22d. The reason ~vhy I did not return them was that General Turner was in command of the post and I thought it right and proper that I should hand them to General Steele. I returned them on the Sunday alluded to to Colonel Brown. (See paper marked C.) A notice having been served on the accused to produce the first safe- guard given to him by Colonel Brown the accused stated that it was not in his possession. (See paper marked D attached to these pro- ceedings.) By the ACCUSED: Question. What was the state of mind of accused at the interview between him, Colonel Brown and yourself? Answer. He appeared to me to be a man who was not entirely himself and I attributed it to want of rest and distress on account of the condition of his family. Question. Have you in your evidence thus far given stated all that was said or done by accused at the interview at your house between hini and Colonel Brown touching the arrangement made there by which accused was to go home and see his wife? Answer. No; I have not stated all but all the important features that I can recol- lect, except that when I made the proposition for him to accept of his perpetual parole he put his hand up to his forehead and stated that he was not in a condition of mind to determine that matter; that everything appeared confused to him Page 303 EARLY EVENTS IN MISSOURI, ETC. 303 Question. At that interview what if anything did the accused promise or pledge himself to do? Answer. I could not say that he promised anything; I (l() not recollect that he (lid. Question. You say that in going upstairs to the room in which Col- onel Brown and accused were you found that they had not touched the matter of arrangement. How did you find out that fkct? Answer. They were talking upon other matters. Question. After you, Colonel Brown and accused started for the house of accused and after the arrival of all at his home was there any conversation on the subject of the arrangement or its terms before the safeguard was written by Colonel Magoffin? Answer. Not within my knowledge. Question. Was anything said at your house by Colonel Brown or yourself as to the propriety or impropriety of making stipulations with the accused on account of the perturbed condition of his mind? Answer. Not that I remember. Question. Have you no recollection of being told by Colonel Brown that he considered the accused as on the verge of insanity? Answer. After we had left Mr. Magoflins house on our return to niy house Col- onel Brown told me that he believed that Colonel Magoffins mind was seriously threatened. Question. Was or was not the main object of the interview at your house to make an arrangement by which the accused could have the l)1ivilege to see his wife then supposed to be in extremis? Answer. Yes, sir. Question. After Colonel Brown and the accused did take up the matter of the arrangement were you present during the whole of the interview till the arrangement was made? Answer. I am under that impression for the reason that the first question was on the part of Colonel Brown: Well, Mr. Magoffin, what is it that you want? Mr. Magoftins reply was to be privileged to return home to see his wife. Question. Why did Colonel Brown and you go with Magofiin to his house? Answer. It was known there were some scouts in that neighborhood al]d that Mr. Magoffin could not in all probability get to his house without we accompanied him. It was known to Colonel Brown and myself. Question. Where and when was the privilege granted to the accused by Colonel Brown to go to his wife? Answer. It was granted verbally at my home before 12 oclock on Monday night, the 9th. Question. State all who went from your house to Ma~offiuis that iiight with the accused, and how they went. Answer. The driver (George), Colonel Brown, Colonel Magoffin and myself. Question. Was or was it not the object of Colonel Brown in thus going to insure the safe conduct of the accused to his home? Answer. Yes, sir. Question. Have you no recollection of the accused entering into ternis at your house with Colonel Brown that he would not for a limited period take up arms against the United States or give information to the enemy? Answer. The mere fact of my understanding that such would be the case, that I dont remember that it was spoken of. I took it for granted that that was the under- standing; otherwise I would not have had :iything to do with it Page 304 ~JO4 PRISONERS OF WAR, ETC. Question. You say that at the hog-pen on Saturday accused said he desired to accept a perpetual parole. Did he state oii what terms or conditions he would take it~? Answer. The conversation there at the hog-pen commenced by his telling me that the condition of his family was such that it was a necessity for him to remain at home; but that as to any requirement on the part of the Government from him I do not remember that anything was said. Question. Did or did not the accuse(l in that context say that he would be glad that you would get one for him so that he might examine it, or words to that effect? Answer. I do not remember that be did. Question. Was Mr. ilardin I)resent at the conversation? Answer. He was. Question. Lu that conversation was there anything said by accuscd of his willingness to take the oath of allegiance to the Government of the United States? Answer. No, sir; not that I remember. Question. When you brought the paper to the accused next day ai~d he asked you to read it to him you say a discussion arose as to its nature and effect. How did that discussion result? Answer. It was entirely as I remember upon how he should treat his returned friends and relations and after my explanation he made no response. Question. Did he read the paper himself while you were there or did he have it iu his hands before you left? Answer. Lie did not read it while I was there. After I had finished reading it he or myself laid it on the mantel. It was upon the mantel and I remember telling him that it might hill in the fire. He then took it off the mantel and I never saw it after- ward until I received it inclosed in his letter at Sedalia. Question. In that conversation at the hog-pen or in that the next day when you brought to him the paper was there anything said by the ac- cused or yourself about the expiration of the ten days he had asked to think of the matter? Answer. No; not that I remember. Qnestion. State to the commission the character of the accused and your means of knowing what that character is. Answer. I have known Mr. Magoffin for four years personally and previously to that time for a number of years from character. My personal knowledge of him is that of a perfect gentleman. I have never heard directly or indirectly any personal charges made against him or intinmations; and as to his friendship I believe he would have suffered martyrdom rather than have knowingly placed mue in a delicate position in the matter. Question. You have spoken of the condition of mind of the accused at the time the arrangement was made at your house with Colonel Browit and have said he was then not entirely himself. Do you know what view the accused had of that arrangement? Confine yourself in your answer to the period before he was charged with breaking his parole. (The above question being objected to by a member of the commission the room was cleared for deliberation, and when the door was reopened the president announced the decision of the commission to be that the question should not be put.) Question. Was or was it not distinctly agreed at your house by Col- onel Brown that the accused was to have ten days to determine what he would ultimately do with the Government of the United States in the way of arrangement? If your answer be in the affirmative say whethe Page 305 EARLY EVENTS IN MISSOURI, ETC. 305 at any time after that within the limit of ten days did you ever hear the accused say that he abandoned or waived that right in any of the negotiations you had with him. Answer. Yes; it was agreed. To the second qnestion he did not. Question. State to the commission the coiitents of the paper written by Colonel Brown at the house of the accused on the night of the 9th of I)ecember as accurately as you caii give them. Answer. I read that paper hut once and as well as I recollect it promised Mr. Magoffin protection in person and property an(l imposed 111)011 hini na obhgntion not to give aid or comfort to the enemy an(1 not to take np arms against the Govern- nwnt, and to extend nntil the 20th of the month. I think it was signed by General Steele, commanding officer, by Colonel Brown. Question. How did that paper impose any obligation upon the accused ~ Answer. Only by its face. Question. This paper carried by you to the accused (the last safe- guard) says: Whereas Ebenezer Magoffin, formerly a colonel in the army of the Southern Confederacy, has given his parole of honor that he will i~ot in any manner by word or deed aid, assist or give counte- nance to the enemies of the United States. Do you know whether accused had given such parole~ If so where did he give it and to whom ~ Answer. I do not know of his having given such parole nnless by his acceptance of the safegnard be the giving of a parole. (The above reply being objected to by the accused the commission cleared the room for deliberation, and when the door was reopened the president announced the decision of the commission to be that the reply should be recorded with the words As I considered it stricken out.) Question. Do you know whether or not there existed in and around Sedalia about that time a bitter l)ersonal hostility against the accused entertained by the home guard or soldiers of the U. S. forcesl Answer. I cant say jnst at that time; but previous there was and I would not snppose that it had died out. It being 3 p. m. the commission adjourned to meet on Monday, Feb- ruary 10, at 10a.m. SAINT Louis, Mo., February 10, 186210 a. rn. The commission met pursuant to adjournment, all the members pres- ent with the exception of Lieutenant-Colonel Fischer. The accused, Ebenezer Magoffin, also present. The proceedings of Saturday, Febrnary 8, were being read by the ju(lge-advocate when at the suggestion of the commission and the acensed the further reading was dispensed with on the ground that the entire days proceedings, the testimony of tile witness, James It. Hughes, would during the morning be read to him and to the commis- sion. The examination of JAMES iR. HUGHES was resumed. By the ACCUSED: Question. Do you know whether the accusen was commissioned as a colonel in Prices army, or raised a regiment, or in any capacity acted as an officer belonging to that army ~? If so state what you know 20 R RSER II, VOL Page 306 306 PRISONERS OF WAR, ETC. Answer. I do not know that he was ioiniiiissioiied, hut I saw liiiu at the head of sonic 70 or 100 iuen in Pettis County 111(1 they calle(L lilni major. I saw the recruits go to his house day by day for several days either in July or August of last year. It niay have been earlier. I have hear(l sonic of his owii men since that time (all him colonel. Question. Do you know whether the accused was at the battle of Carthage and whether he there acted as an aide to the theit governor, Claiborne F. Jackson ~ Answer. I do not know that lie was at the battle of Carthage from any other so irce than from the accused who told inc on his return that he was there. I do not know that he was aide to Claihorne F. .Jackson. By the JUDGE-ADVOCATE: Question. In your reply to question No. S of the accused you express your assent that the main object of the interview at your house was to make an arrangement by which the accuse(l could have privilege to see his wife, then supposed to be iii extremis. Was or was it not pre- viously understood what would be tile character of the arrangement~ And was or was not the meeting held merely with a view to carry out that arrangemend (To the last question the prisoner opposes the objection that it was leading, an(l he submits that as the commission has already decided that the accused cannot on cross-examination ask a leading question surely the judge-advocate cannot ask his own witness a leading ques- tion. The conlmnission being cleared for deliberation aiid the objection to tile last question being duly weighed by the commission the door was reopened and the president announced the decision of the coninlis- SiOll to be that the question should stand with the addition Was or was it not previously understood, & c.) Answer. In my interview with Mr. Hutchison and Mr. Barnes 1 sent word by Mr~ Hutchison that I had no doubt that Mr. Magoffin could by giving his parolo get to return home and see his wife; but there was nothing that passed between Mr. M:igof- tin aii(1 myself until the meeting at the hog-pen. Qnestion. In your reply to question 14 of the accused you say that the mere fact of your understanding that such would be the casethat is that the accused was not to take up arms against the Government or give information to the enemy within the ten daysthat you do not remember that that matter was spoken of. During the time that you were present at that interview between Colonel Brown and the accuse(l did you hear or did you not all the conversation, or was there aiiy time when you were not paying attemltion to it ~ Answer. I heard it all I think. From the interest I felt in the interview I hear(l it all of course. There being no further questions to ask the witness the testimony he had given was read to him by the judge-advocate, and before retir- ing he requested permission to add to his answer to question 24, by the accused, the following: Not until I received his letter (marked C). The witness was here dismissed. The judge-advocate then introduced an attested extract (marked E and attached to the proceedings) from the report of General John Pope to the headquarters of the Department of the Missouri in regard to the operations of the army under his command previous to and at the time of the surrender of Colonel Robertson and his command at or near Milford, as evidence to show the date of said surrender; that the accused was one of the prisoners taken at said surrender; and that the said command was in armed opposition to the United States Gov. eminent Page 307 EARLY EVENTS IN MISSOURI, ETC. 307 The accused objected to the introduction of the above-mentioned extract as evidence for the reasons lie stated in a paper he pre- sents (marked F), which is attached to these proceedings. The com- mission being cleared for deliberation the reasons stated by the accused were duly weighed, the door reopened and the president announced the decision of the commission to be that so far as the extract referred to the point mentioned by the judge-advocate it was evidence and should be admitted as such. WILLIAM SATTERWHITE, a witness for the prosecution, was duly sworn. By the JUDGE-ADVOCATE: Question. State your iiarne, age, occupation and residence. Answer. William Satterwhite is my name; age 23; clerk in a grocery in George- town; residence is in Georgetown, Pettis County, Mo. Question. Have you any knowledge of any disturbance that occurred in Georgetown in which a soldier or soldiers in the U. S. service were wounded or killed? And if so state all you know about it. Answer. I remember a disturbance occurring at Georgetownsome time about the latter part of August 1 think it was. I went to the door from hearing some noise in the streetdid not know what it wasand saw three U. 5. soldiers on horseback just coming around the corner~ and I looked across the street and saw Mr. Magoftin standing right beside his horseor was walking to his horse, I am not certain; but he was near his horse. I saw him raise his gun to his face and heard the report, an(1 saw it pointed in the direction of the soldiers at the place the soldiers had got to at that time. I then turned and went in the house and just as I got in the house or a second or two after I got in the houseI heard the report of another gun when I came back to the door, but I dont know how long I was in the house. I saw a man in the act ot falling off his horse; a negro was helping him off his horse. He keeled over to one side before the negro touched him. I went over then as soon as I shot may door, and went across the street. It was somewhere near fifty yards from may door to the spot where the man was taken off his horse. When 1 got there he had been taken in tIme wagon-makers shop and I did not get to see him. I then went from there up the street to old man Jacksons and there I found the doctor working with another moan who was woundedhis name was Wheat who was woundedand after leaving there I went home and got a pitcher of ice-water and took it back to him, and then fromim there I caine down to the house where this man was taken off his horse and they told me there he was dead. I did not get into the house or get to see him at all. I do not remember anything else that I did or saw, as by that time the whole streets were crowded with men on horsebacksome our own citizens, some U. S. soldiers and some home guards. Do not know whether the men who were wounded were the men who came around the corner. The man who died there or whom I saw falling off his horse was dressed in uniform as other soldiers. The man who was wounded had his clothes off or down, and the doctor was working with him. The moan was wounded in the back. There was such a crowd and I was in such a hurry that I could not tell exactly. I did not see the wound at that time, and indeed I dont know that I ever did see it although I sat np with him several nights. I was so sick when the wound was (lressed I had to leave the house; or if I staid in the house I did not look at the wound. The man lived and was there over two weeks perhaps three weeks, and might have been longer, and left Georgetown. It was about two weeks it was necessary to sit up with him at night, when he got well enough to walk about the room before he left. The man wore soldiers clothes when he got well enough to walk about. Question. Had you known the accused and had you seen him often ~? Answer. I had known Imini at that tiume some eighteen months and had seen him two or three times a month. Question. How far were you off from the accused wheii you saw him with his gun in hand? Answer. 1 suppose I ~vas about thirty or thirty-live yards Page 308 308 P HVONERS OF WAR, ETC. Questioii. State iii what direction were the three so1(Iiels conhing when you saw the accused point his gun at them. Answer. They ~vere coming sort of toward him. They were cooling front an east- ern direction and he was on the south side of the street. Question. Were the soldiers in the public street and at what rate were they moving? Answer. They were in the main street an(l in a pretty fast lope. Question. Was the accused in front of timeni when he fired or oim time side of the street? Answer. lie was on the side of the street and not directly in front of them. Question. Flow far off the main street was the accused stali(ling Answer. Somewhere from ten to twenty feet as ~vell as I recollect. Question. If the soldiers had continued their ride up the main street would the accused have been in the way? Answer. No, sir; lie would not have been in their way at all. Question. Was the accused standing a1one~ Answer. I do not remember seeing any person else hy him. Question. XVere there any citizens or other persons about the street in the immediate vicinity oC where the accused stood when he fired? Answer. There were a good many citizensabont fifteeustandin~ around time store and In front of the street when 1 came to the door. I do not know how immany or whether there were any opposite the street where the accnse(l was. Question. Did you hear any report of fire-arms before the first one heard by you as mentioned in your statement? Answer. No, sir; I did not. Question. How was the accused dressed? Answer. He was dressed in common citizens clothes; had on no soldiers clothes; nothing particular about his dress; no badges or rosettes; I did not see any. Question. \Vhen you saw the accused raise his gun and poimit it at the soldiers did you see any smoke or the flash? Answer. I cant say ~vhether I saw any smoke or miot. I just heard the report and snppose(l it was ito other gun but Itis. Question. Are you quite certain that the report came Irommi time gulL in the hands of the accused? Answer. Well. I cant say that I know it did bitt I cant say where else it came front. Question. Was the accused standing openly on time side of time street or was any attempt at concealment made? Answer. He was standing openly in the street; no attemlit at concealmuent. Question. Before the time of the shooting were there any rebel sol- diers in the street or town or armed bodies about? Answer. I did not see any armed bodies abont but there were some eight or teit men in our store wanting to get some buckshot. [hey were dressed in citizemms clothes and could not tell what they were. Question. Did you see the accused at any time that day before you saw him with his gun pointed? Answer. I do not think I did. Question. At about what time of the day did the occurrence alluded to take place Page 309 EARLY EVENTS IN MISSOURI, ETC. 309 Answer. It was in the afternoon; cant recollect exactly; but could not have been long after 12 oclock. Questioii. What became of the body of the inaii whom you saw helped from his horse by the negro~ Answer. I never saw the man after he was taken oft his horsc by the negro. I was tahen away aii hour or two afterward to Sedalia. Question. I)escribe the gun the accuse(l had in his han(I if iii your ~( (Wel.. Answer. I cant do it. I just saw it was a gun; looked like a common-sized gun not a musket; cant say whether it was a shot-gnu or a rifle; whether it. was a 51 1 gle-barrel or double- barrel gun. By the ACCUSED: Question. What sort of a grocery was that and in what capacity were you acting there? Answer. We had at that thoe tobacco, whisky. cigars and some little hardware. I was clerk there. Question. Will you describe the relative positions of the accused and ilie three soldiers on horseback when you first saw them? (Tie makes a diagram to show the positions of the parties. Marked 6 and attached to these proceedings.) The hour of 3 p. m. having arrive(l adjourned until to-morrow, Feb- ruary 11, 1862, at 10 a. m. SAINT LOUIS, Mo., February 11, 18G2iO a. in. The commission met pursuant to adjournment, all the members present with the exception of Lieutenant-Colonel Fischer. The accused, Ebenezer Magoffin, also present. The proceedings of yesterday were being read to the commission by the judge-advocate wheim at the suggestion of the commission and the accused the further reading was dispensed with on the ground that the testimony would be read to the witness some time during the morning. The examination of the witness, WILLI AM SATTERAVIIITE, was resumed. By the AccusED: Questiou. Were the three soldiers omi horseback armed? If so state how armed. Answer. I do not remember ~vhether thex- had sabers or not. I did not notice parUcularly what they had. Question. State whether or not the three mounted soldiers were fol- lowed by other mounted soldiers. If so state how many. Answer. I (lid not see any at that time. Question. At the time of the first tire ol)serve(1 by you had the mounted soldiers passed your door? Answer. No, sir; they had not. Question. When you saw the gun raised state whether you (lid 01 did not immediately go b~ck into the grocery from the fright? Answer. I did not go into the grocery until I heard the report. I then went into the grocery to get out of the way for fear they should shoot me Page 310 310 PRISONERS OF WAR, ETC. Question. State whether or not before accused iaised his guii some person or persons in the Crowd did not cry out to accused that the cavalry or soldiers were after him? Answer. I di(l not hear it if they did. Questioii. Can you give us no idea of the character of the noise or disturbance which caused you to go to the door Answer. I cannot, sir. I dont know what cansed me to go to the door. Question. You say the street was at a certain time filled with sol(liers and citizens. State whether the soldiers were on horseback; and were they arme(I? Answer. Yes, sir; they were; an(l were on horsehack, anil ha(1 sal)ers I know, and pistols 1 think. Question. Did you see any sol(lier fall or reel in his sa(ldle at the first fire? Answer. No; 1 (11(1 not at the first fire. Question. Do you know who fired the secon(l time? Answer. I (10 not. Question. When you went to the door after hearing a second report of lire-arms did or did you not see a con si(lerable unitiber ot soldiers on horseback galloping up the street? Answer. I dont know whether I saw any at that tone or notthe seeon(l t.iiiie I went to the door. Question. Where did the mounted 501(liCrs you saw iii numbers come fromup the street, down the street or from across the street or else- where? Answer. I dont know where they caine froiii ; they were all lip aroniid ilie liehire I knew where they came from. Question. State whether or not the town of Georgetown was sur- rounded that day before the time of time shooting of which you have s1)oken by a large cavalry force of the United States for the purpose of capturing the accused? Answer. If it was I did not know anything ahout it. Question. Did you or did you not hear more thami two reports of fire- arms (luring the disturbance? Answer. I do not remember ol hearing niore than two. Question. Do you know whether in point of fact the accused was taken prisoner at that time iii Georgetown by the forces of the United States? Answer. I saw hino on hoisehack after that on the same day going with the troops to Sedalia. Question. How lommo was this after the occurrence you have related? Answer. I do not remember how long it was; it was not a great while; it was not snndown it was in the afternoon some time. Question. flow far is Kidds hotel from your grocery and is it in sight of your grocery? Answer. It is in sight of our grocery, and is sommiethming oyer 100 yards from grocery on the sonth side of the street. Question. Did you not see a crow(l ot soldiers aroluLl(l that Imotel shortly after the firing? Answer. I did Page 311 EARLY EVENTS IN MISSOURI, ETC. 311 Question. How soon after the events you have related was it that you were taken, an(l where were you kept till carried oft for Sedalia, and by whom were you taken? Answer. I dont know exactly how long it was; it might have been half an hour or it might have been an hour. Was kept on a horse. Soldiers came to the grocery and took me and carried me in back of Kidds Hotel by the alley east of the hotel. Question. What were you taken for? Answer. Taken for a witness I sllpl)ose. I dont know what I was taken for. Question. Could you see what was going on at the hotel from the place they kept you at? If not were you in hearing distance? Answer. No, sir; after they took me there they immediately took me out on another street where I could not see the hotel. I was at hearing distance at a still time but owing to the noise in the street I could not hear anything at that distance. Question. Did you or did you not know that the accused was then in the hotel and that it was surrounded by the U. S. forces for his cap- ture? Answer. I did not know where he was. I did not know that the soldiers were there for that purpose but supposed so, as heard some one say they were hunting for the man who shot at the soldier. Question. State if you know whether or ~iot the accused with a por- tion of his force was at that tiiiie engaged in getting up clothing and provisions in the neighborhood of Georgetowufor Prices army. Answer. I dont know anything about it if he was. Question. The men who asked for buck shot at your grocery that day before the disturbance, were they or were they not some of the men of the accused? Answer. I dont know whose men they were. Questioii. Did you know them? Answer. I did not. Question. Did they get the buckshot and if not why? Answer. No, sir; I dont think we had any in the honse at that time. Question. How- many soldiers do you suppose you saw that day in Georgetown? Answer. I suppose there were over fifty; there might have been a hundred; I dont know. I have not much idea of crowds especially at such times. Question. Before that day were there any U. S. cavalry stationed at Georgetown? Answer. No, sir; I think not. Question. Had you or not seen the accused in or about Georgetown for some time previons to that day? State how long. Answer. I do not know how long it was before that day I had seen him. He might have been there without my seeing him. Question. When and where were you released after you were taken into cnstody, and were you at any time informed why you were taken? Answer. They took inc to Sedalia and kept me there that night, and I went with theni the next day on the road from Sedalia to Lexington and en camped with them that night and then the next morning they released me and I returned home. They told nie they wanted me for a witness. Question. Where was the accused then and what became of him? Answer. I dont know where he was; I did not see him Page 312 312 PRISONERS OF WAR, ETC. Question. Were there any threats uttered against you after your arrest and before your release in relation to your testimony? If so state what they were and by whom made. Answer. If there were any threats against me I never heard them. Question. Have you not stated that threats were made by those who held you ~I1 custody as to your giving evidence? Answer. No, sir; I have not. Question. At any time since your release have or have not some of the home gaard made threats to you concerning the giving of your testimony? Answer. I do not remember any threats being made against inc or anything abont it. Question. Can you state whether any of the home guard about Georgetown have threatened the life of the accused V Answer. I cant say whether I ever heard any of them threaten his life. J have heard them talk about him a good deal, but whether they ever threatened his life or not I dont know. I dont remember what they did say. There being no further questions to ask the witness, the testimony he had given was read to him by the judge-advocate, and after the reading was finished the witness requested that his testimony iiiight be explained and corrected in the following particulars: In his reply to questioii 21 by the accused he wishes to add: I did not know at that time that I was wanted for a witness but was told so after- ward. In his reply to question 17 of the judge-advocate he wishes to add: That the men who were in there I supposed to be Magoffins soldiers but I (lid not know whether they were or not; they did not say that they were. The witness was then dismissed. JAMES R. HUGHES, a witness for the prosecution, was recalled. Qnestion. Do you or do you not know anything in regard to a (us- turbance that occurred at Georgetown, Pettis County, Mo., in which a soldier or soldiers of the United States was or were killed? Answer. I was noUn Georgetown that day but at Sedalia. I saw Mr. Magoffia when he was bronght in by some of ColonelMarshalls men. I know nothing of the killing. Question. Had you~or had you not any conversation on or about that time with the accused on the subject of the death of one or more soldiers in the U. S. service who were reported to have been killed in Geovge- town about that time V Answer. Yes, sir; I had. Well, sir, Mr. Magoffin being a friend and neighbor of mine as soon as I heard he was arrested I sought from Colonel Marshall a permit to visit Colonel Magoffin, giving as my reasons I wished to take home any message or have arranged any business he might desire. He gave me the permission and accompanied me in person. Mr. Magoffin in that interview told me of the shooting at Georgetown; how he came there; what he came for and then the difficulty that arose afterward; and told me that if he had not believed that they were home gliar(ls he would not have surrendered himself. I had another interview at Lexing- ton to the same effect, and our interviews were always in the presence of officers and our conversation was restrained. Question. What did he say about the shooting Page 313 EARLY EVENTS IN MISSOURI, ETC. 313 Answei. I dont know that he said anything he taking it for granted I knew of it and that lie would not have shot the two several times on that ocCasion if he had not supposed they wete home guards. He certainly said he shot twiceeither at that interview or some subsequent interview. Question. Did the accused tell you that he shot twice at that inter. view or some subsequent one1? Answer. I could not say which. Question. Did the accused say anything at either iiiterview about the effect of his shot 1? Answer. Not that I remember. Question. Will you state the (late of the two interviews? Answer. Somewhere about the latter part of August, if the surrender of Lexing- ton was on the 19th of September. By the ACCUSED: Question. What did the accused say he went to Georgetown for that day1? Answer. He went after a pair of shoes or boots and tobacco. Question. Did he say whether the boots and tobacco were for him. self or for his men 1? Answer. If I remember right it was for a pair of boots or shoes for Charlie liar- din, his son-in-law. Question. In the interview or interviews of which you have spoken state whether the accused did or did not say that he shot because he believed his own life was in danger. Answer. Yes, sir; every time the matter was spoken of he would make that (iCc- laration. Question. Did or did not the accused speak of the violence of the home guard toward him and do you not know that they had threat. ened his life 1? Answer. Yes, sir; he did; and without being able to specify any particular per- son I know his life was threatened by them. Question. State if you know whether a U. S. cavalry force was dispatched that morning to georgetown to surprise and capture the accused and his men. Answer. I know that there was a detachnient of U. S. cavalry to go to Geor~o- town but do not know to capture whom. Question. Do you know of Captain Montgomery, of the home guard, going to the house of the accused with a party of armed men 1? If so state what you know of it. Answer. I kmio~v of Captain Montgomerys men headed by Captain Cook going to Mr. Magoffins house in search of Mr. Magoffin. This was at least two or three weeks before the transaction at Georgetown. They were what are called home guards, and were armed all of them. There were somewhere between 300 and 5C0 in number, and Lieutenant-Colonel Grover was with theni, who was also of time home guards as I understood it at the time. They examined the house, kitchen, pamitries and smoke-house and negro cabins. I ~a.s there and just looked on. Question. Did you hear any firing or know of any depredations corn- nutted 1? Answer. I heard no firing that I remember, and saw no (lepredatious. Question. Did you or did you not hear Captain Cook, the coin- mnander of the expedition, say anything about depredations there coin- nimitted by his men 1? If so state what Page 314 314 PRISONERS OF WAR, ETC. Answer. I heard him state that lie had gone to Mr. Magoffins smoke-house and found it almost empty, and he had examined the premises generally an(l was astoa- ished to find that Mr. Magoffin was so poor a man, an(l that he (Cook) did not take any meat but tuat be had publicly and officially (leclared the entire property of the accused confiscated. That was all the damages I know. He gave as his reasons for not taking bread and meat there that there was not more than enough left for his family. Question. Did Captain Cook state the object of the expedition to the house of the accused and the design in going in so large a force? If so state. Answer. He told me it was for the purpose of arresting Mr. M agollin and his eum- pany. He told me this the (lay before. Question. Did the acduse(l at either of the interviews speak of his cal)tnre and of terms and conditions of his surrender at Kidds Hotel? If so state what he said. Answer. I cannot state whether it was Mr. Magoffin or who told nine that he liad delivered himself up as a prisoner of war. Mr. Magoffmn may have told me so or it may have been some of the others. Question. Do you know who commanded the detachment of cavalry seimt to Georgetown the day of the shooting? Answer. I understood it was Lieutenant-Colonel Day. Question. Did the accused in either of the interviews you have referred to say why his course would have been different at George- town if he had known the force to have been U. S. soldiers? Answer. Yes, sir; that with U. S. soldiers he would have felt himself safe. I told hini at Lexingtoii tbat one of the men that was wounded would recover and he seemed immensely delighted. Question. State if you know whether at and before the transaction at ucorgetown the accused was or not engaged with his compai~y in ~)rocuring supplies and clothing for the army of Price? Answer. I know that he was recruiting men but whether he was getting arms or supplies 1 do not know. By the COMMISSiON: Question. Did any of the home guard in that vicinity or county wear the uniform of soldiers at the time of that transaction? Answer. I cannot tell whether it was before or after; afterward they were in nniform but my impression is that tbey were not in uniform; they hat tents and arms but I think ununiformed. I am satisfied they were not in uniform. Question. Were the troops you met in Sedalia all in uniform? Ans~ver. Yes, sir; except a portion of the home guard. Marshalls cavalry were in uniform, and Grovers company who were with them were iiot in uniform. By the ACCUSED: Question. Do you know whether the accused had been for two months in camp on Blackwater, and whether he had been for some time before time affair at Georgetown away from that part of the countrythat is away from Georgetown? Answer. I know of no encampment on Blackwatcr. I know of an encampment at Huath Creek on his place. I think lie was away; my memory serves mime that. I know he was away. I learned he was in Cooper County. Question. Do you know whether the accused Imad an opportunity of knowing about the time of the Georgetowim affair and about temi days before it whether the home guard were uniformed or not? Answer. I do not know, sir Page 315 EARLY EVENTS IN MISSOURI, ETC. 315 There being no further questions to proi~ose to the witness the testi- mony he had given was read over to him by the judge-advocate and he was dismissed. The hour of 3 oclock having arrived the commission adjourned until to-inofrow morning, Wednesday, February 12, l86~, at 10 oclock. SAINT Louis, Mo., February 12, 186210 a. m. The commission met pnrsnant to adjournment, all the itieinbers present with the exception of Lieutenant-Colonel Fischer. The accused, Ebenezer Magoffin, also present. The proceedings of yesterday, Tnesday, were being read to the com- mission by the judge-advocate when at the suggestion of the commis- sion and the accnsed the fnrther reading was dispensed with for the reasomi that the entire days proceedings, being the testimony of William Satterwhite amid James R. Hughes, were read over yesterday to the witness by the judge-advocate. JOSEPH SIMPSON, a witness for the prosecution, was dnly sworn. By the JUDGE-ADVOCATE: Question. State your name, occupation amid where you reside. Answer. Joseph Simpson; was a merchant; and reside at Buncombe, Pettis County, Mo. Question. Have you or have you not any kitowledge of a disturbance that occurred at Georgetown, Pettis County, in which a soldier or 501(liers in the service of the United States were killed? and if so state what you know about it. Answer. Yes, sir. Well, I was in there (Georgetown) when it occurred. I seen it. Well, I saw him shoot a man and he died instantly afterward. That is all I know or believe. Question. Are you acquainted with the accused, Ebenezer Magoffin; and if so have you seen him often before? Answer. No, sir; I saw him when it occurred. I dont know him. Had not seen hiiii often before. I saw him when this ere act was at Georgetown. Question. Had you ever seen the accused before this ere act was at Georgetown? Answei-. I dont know as ever I did so. Question. Who was the person whom you saw shoot a man at George- tow a Answer. It was Magoffin. Question. Where were you when you saw the shooting done~ Answer. I was in McClures I believe; well, as I was out at the door. Question. How far were you off at that time? Answer. Well, I 5U1)PO5C I was about forty steps oft. It was all lip there at the dr,io store that it all occurred. Question. Did you see the accused have a gnu in his hand and did you see him fire it? Answer. Yes, sir; I did. Question. Describe all that you saw at the time of the firing. Answer. Well, I dont know anything else but what is down; well, I saw him shoot Page 316 316 PRiSONERS OF WAR, ETC. Question. In what direction and at whom was the gun fired? Answer. It was right toward the drug store. He was shotwell, it was about fifteen steps oft therewell, six or eight; I dont recollect. Question. How was the man dressed whom you saw the accused Shoot? Answer. Well, he looked like he was an officer. I dont know him; he was a United States man anyhow. Question. How was the accused dressed? Answer. Well, he had on a broad hata wool hat I believeand an 01(1 shot- gull; I dont know whether it was old or not, it looked old. his clothes were on the ordinary order you know; just as if he was at home you know~ I dont know but what lie was. He was on the plain order. Question. Did you hear the report of the gun I?. Answer. Yes, sir. Question. Did you hear any additional report ot reports of guns? Answer. No, sir; only but ene as I have any idea. Question. Did you see the gnn pointed in the direction of anyone? and if so state at whom. Answer. Yes, sir; this ere man. I dont know any of theiti, only when I see em out you know; that is all I know. Question. Did you see the accused and recognize hiiii as the man who shot after the shooting on that day? Answer. Yes, sir; I saw him afterward and lie was the same man who shot. Question. Did you see the man who was shot fall, and was he on foot or 011 horseback? Answer. Yes, sir; he was on his horse when lie was shot; lie was right opposite the drug store. Yes, I did see him fall from his horse. Question. Do you know the name of that man? Answer. No, sir. Question. Did you see him after lie was shot? and if so say what you saw. Answer. I saw him when he was dying. Question. Did you see him after his death? Answer. Yes, sir. Question. State the date when this transaction occurred? Answer. 1 dont know that; it was some time in the fall hut I dont know the day. Question. Describe the dress of the man who was shot? Answer. He was very s ometliing on the order of the man there (pointing to an officer present and a member of the commission). Well, lie was dressed in uniform you know. By the AccusED: Question. You say yon are a merchant; what kind of a merchant? Have you ever been engaged in any other kind of business? If aye what business? Answer. I opened a dry goods store in old Kentncky; well, I did not open any out here. Not been engaged in any other business; just been at houie all the time. Question. What is your present business? Answer, Well, I own a small farm is all Page 317 EARLY EVENTS IN MISSOURI, ETC. 317 Question. How long have you live(l in Btincombe, and where did you live before your residence there? Answer. Well, I have been about two months there. In old Kentucky I lived before my residence there. I lived or was staying at old Jackson Quisenberrys, in Pettis County. I am a man of family. Question. Where is McClureson what street? Main or cross street? Answer. Well, I dont know; it is on Main street I believe. If I was going west McClure is on the right-hand side. The drug store is on the cross street. Question. Had you been inside of McClures? If so what caused you to come out and what was the first thing that attracted your attention? Answer. Yes, I had been in. Well, I saw this army inall the U. S. Armyand was out because I wanted to look at them. Question. Did the army come in before you came out at the door? Answer. No, sir; after I was out they were in. Just as I came out the army came in. Saw them when I came out. Question. Was the army on horseback or on foot? Was the army moving fast or slow? Answer. They were ahorseback; they looked like they was moving on, galloping. Question. Were they armed or unarmed? Answer. Yes, sir; they were armed. I dont know but what they had swords; whether they had muskets I dont know. They had swords. Question. Did the army all come in by the same road or street or by several streets? Was the town surrounded by the army? Answer. They came in on all sides. The town was surrounded by the armyI dont know but what it was. Question. How many of the army were there when you saw the gun fired? Answer. Well, I dont know; there was a good many of them in there. Question. Were any persons near the man who was shot at thc time of the shooting? Jf any how many and who were they? Answer. I dont know any of them. There were others looking on. I dont know how many there were of them. The soldiers were all round there everywhere at the time he was shot. Question. At the time the gun fired were the backs of the soldiers to you or their faces? Answer. I was on the side of them. Question. Were the soldiers at the time of the fire in Main street or iii the street on which the drug store stands? Answer. Well, they were all over it; every which way. Question. Were the soldiers galloping toward the accused at the time the man was shot? Answer. No, sir; the soldiers passed on, you know; and as they passed on lie shot. Not all had passed on. Question. When the gun was fired did the man fall from his horse? Answer. Yes, sir. Question. Did he fall in Main street or in the street on which the drug store stands Page 318 318 PRISONERS OF WAR, ETC. Answer. He fell oil in about six or eight steps from the (1mg store on the street where the drug store stands in the direction of Malif street, or nearer Main street than immediately in front of the drug store. Question. When the gun fired was the si(le, tace 01 1)ack of the inau ~vho shot toward you ? Answer. His face was toward the drug store. The giui was pointed in the (lirec- tion of the drug store. Question. How far was the accuse(l at the time he shot from the (irug store ~ Answer. He was about fifteen or eighteen steps oil; east of the drug store. Question. Was the horse of the accllse(l hitched; and if so to what fence l Answer. I think he was astauding aini holding of his horse, about six or eight steps from the fence of the court-house square. Question. At the time of the shooting was any l)cL5o11 near the accused? If any how many? Answer. Well, I dont know; they were standing off about fifteen steps, or over it; dont know how many there was. Well, there was maybe 200 of them for what I know. There was a crowd of soldiers. Question. Did you see the wound ? If so iii what part ot the man was it? Answer. Yes, I looked at him. He bad a wound on the arm, left arm, and in the neck. I saw some holes in his arm; could not tell whether shot or bullets: saw some two or three in the arni and one by the ear. Question. Did you hear more than one report of arms about tile time of the shooting? Answer. No, sir; that was all I heard. Question. Before the fire did you hear any l)eLso1L or persons cry out to the accused that the soldiers were upon him or words to that effect? Answer. No, sir. Question. Had you beeu drinking that day? Answer. No; I reckon I had a horn in me; one was all that I had any idea of. Question. You say you saw the accused after the fire; where was he when you saw him? Answer. Well, the army searched and found him. I do not know but that it was in Kidds Inn. I did not see him until after the army got him in Kidds Inn. Question. if you know anything about the surrender of the accused that day at Kidds Hotel state all you know about it. Answer. I dont know anything of it. I saw the army go up after luiiui was all. Question. You said that you did not know Magoffin betoie the shoot- ing. Did not some one tell you that Magoffin was the man who shot and was not that your oniy knowledge that it was Magoffin who shot? Answer. No; I saw him. I did not know it was the accused until some one told me so; only I think he is the one. I saw him on the same evening afterward. Question. Did you or not hear the home guard about Georgetown on that day or at any other time make threats against the life of the accused? Answer. I heard the 1 -. 5. Army ninake threats aga imnsi in inthat was when it was all over though Page 319 EARLY EVENTS IN MISSOURI, ETC. 319 Question. Was the guii you saw fired a rifle or shotgun, single or double-barreled? Answer. Shotgun, double-barreled. Question. Had the army passed the grocery where you stoo(l when you came out? Answer. They came in every which way. Question. Do you know Satterwhite who keeps the grocery? Did you see him at the door at the time of the fire? Answer. Yes, sir; I did see him at the door at the time of the fire. Question. Are you certain that the accused fired but once? Answer. Thats all, sir, that I have any idea of; all that I seen. Question. Were you looking at the person who shot the soldier before the shot? Answer. I looked at him when he shot; dont know that I looked at him before. I was jnst alooking about; saw him raise the gnu up before he fired, lie was dowii aholding of his horse. Question. If the accused had fired twice is there any reason that you know of that would have prevented you from bearing it? Answer. No, sir; I dont know any reason. Question. You say you heard no other report of firearms that day. Did you see any other firearms around there that day? If so state what and who had them. Answer. The U. S. Army was in. I saw firearms, pistols and swords I believe in the hands of the U. S. soldiers. I reckon there were some six or eight who were not U. S. soldiers who had these old shotgnns. Question. Did the galloping of the army make much noise? Answer. I dont know, sir. They did not make much noise. Question. Were there many persons in and about the grocery at the time of firing and were they drinking and noisy? Answer. No, sir; only but few there and not drinking or noisy. Question. When you were at McClures did you see some men buy buckshot from Satterwhite? Answer. No, sir; not that I had any idea of; not that I recollect of anybody call- ing for buckshot. Question. You say you were summoned as a witness. Were you called upon at Georgetown to look at the accused while he was a pris- oner to see whether you could identify him as the man who shot? Answer. Well, I dont know as they called me to look at him, but I was sum- n)oned as a witness that I seen it you knowwell, all this transaction. Question. Summoned by whoni to testify wherebefore what court or tribunal? Answer. By U. S. Army. I believe it was Colonel Marshall. It was the Illinois. I was discharged withont examination. Question. Were the home guard about Georgetown or any of them dressed in uniform at that time? Answer. I do not know, sir. Question. Do you know the difference between the home guard and the soldiers of the United States? Answer. No, sir; I dont know. Well, they all wear about the one (Iress 1 believe Page 320 320 PRISONERS OF WAR, ETC. Question. What was the color of the horse which the man held when he shot? Answer. I dont recollect the color of his horse. Question. Did you see anyone help the man who was shot from his horse? Answer. Well, I dont know; there was a whole crowd around hiiii; saw him fall off and seed him die. The horse on which the man was was going on at the time of time fire. There being no further questions to propose to the witness the testi- mony he had given was read to him by the judge-advocate and he was dismissed. T lie commission adjourned to meet to- iuorrow, Thursday, Fel wuary 13, 18432, at 10 a. m. SAINT Loris, Mo., February 18, 186210 a. m. The commission met pursuant to adjournment, all time members present with the exception of Lieutenant-Colonel Fischer. T lie judge-advocate having informed the commission that an impor- tant witness on the part of the United States was absent but would certainly arrive to-day the commission, in order that the prosecution might not be closed before the examination of said witness, adjourned until to-mon-ow, Febrnary 14, 1862, at 10 a. iii. SAINT LouIs, Mo., February 14, 186210 a. m. The commission met pursuant to adjournment, all the members present with the exception of Lieutenant-Colonel Fischer. The accused, Ebenezer Magoffin, also present. The pi-oceediugs of the 12th and 13th were read to the commission by the judge-advocate. Lient. Col. II. M. DAY, a witness for the prosecution, was duly sworn. By the JuDGE-ADVOCATE: Question. State your name and rank. Answer. Lieut. Col. LI. M. Day, First Illinois Cavalry. Question. Have you any knowledge of a disturbance that occurred at Georgetown, Pettis County, in which a soldier or soldiers of the V. S. volunteer forces and in the service of the United States Govern- ment were killed? If so state what you know. Answer. I have, sir. By order of General Grant, commanding at Jefferson City, our regiment, commanded by Colonel Marshall, in connection with about 400 home gnaid, commanded by Colonel Grover, left Jefferson City ou or about the 24th day of August, 1861, by order of General Grant; and having a list of what was supposed to he the principal rebels or secessionists on our line of march to Lexington I was in the habit of going ahead of the main body with an average of from 200 to 400 men for the purpose of surrounding and picketing the towns as we approached them. ~lv reason for surrounding and picketing the towns and going in advance was to make arrests of the principal secessionists to be found in the town. We wanted to arm-est them and hold them as hostages for the good behavior of the citizens of the place; also nnderstanding there were no mails in that section of the country we were endeavoring to suppress any commnnication that might go in advance of us if possible. I left the main body of the command one morning about the 28th or 29th of August, 1861, with Company C, First Regiment Illinois Cavalry, composed o Page 321 EARLY EVENTS IN MISSOURI, ETC. 321 about 95 men and about 125 home guards. When I arrive(l in about a half or three- quarters of a mile from Georgetown I divided a portion of my command with orders to surround and picket the town. I thea proceeded on the main road, entering Georgetown with eight privates and one non-commissioned officer of the Illinois Cavalry and about sixty home guard. When we arrived within about half a mile of the court-house at Georgetown my orderly (his name was Glasgow) says to me, looking up the hill, Colonel, there are some soldiers, seeing what we supposed to be bayonets. I told him that I thought they must be Union troops. As we drew near 1 discovered that they were not. I supposed that they were not Union and was so convinced by their turning and running. They commenced running and we com- menced running after them. Our horses being swifter than theirs we gained on them rapidly. As we ascended the hill going into town I was filly convinced that they were not Union troops or home guard from the fact that one of their number turned and tried to fire, but his gun did not go off. As we chased them along into town they ran through the town, while we were in full charge our horses being on the run. We were almost directly opposite the court-house, Georgetown; we were between the court-house and what I recollect was a frame two-story building to the best of my recollection occupied as a store below; the second story was approached by a stairs on the outside in the street next to the corner, which I think was used for offices, but not positive. Up to that time I had not heard the report of any gun. Just before we were turning that corner or at that building very near thereI am not positive as to the exact positionon the street that goes past Kidds Hotel, I heard the report of what appeared to me to be two guns, fired successively one after the other. At that instant I saw Orderly Glasgow, non-commissioned officer Illi- nois cavalry, reel in his saddle, jumped up like and reeled over to one side; did not go out of it. I checked my horse a trifle and ordered the nearest soldier to me to look after Glasgow as he was wounded, and that I would return directly. After I turned the corner there was a private by the name of Wheat who while my horse was slacking a little came riding past me and exclaimed: Colonel, I am shot. I made no reply. After I rode about ten rods several shots were exchanged. I fired two balls from my revolver at those men who were running. At that time I was not posi- tive where the firing came from. Up to the time when I commenced there had been no firing except the two reports I have mentioned. The men who were mounted and whom we were chasing amounted to some fifteen or twenty men, perhaps more or less armed to the best of my knowledge with double-barreled shotguns. I am strongly of the impression that I saw two or three muskets with bayonets. When I got through to the other side of the town, the west side, I found that the home guard had all deserted me. I had five of my own men left with me that I took with me. I halted then. There was one or two men come running to me, their names I do not know, and told me that firing was from the side of the street. At that moment I heard some firing that appeared to be north of the center of the town, which I was afterward informed by Captain Mitchell, Company C of our regiment, was aimed at him and at the men under his command with him that remained over after picketing the town. While I was conversing with these two men (citizens) Captain Mitchell reported to me that he had picketed the town. Acting upon information that I received there I ordered Captain Mitchell to draw in the pickets, surround the center of the town where from the information I got I supposed the firing was. After that had been done one of the home guard, whose name I knew quite well at that time but have forgotten it now, came to me leading a horse, saying, That horse belonged to Magoffin. That was the first information that I had had that he was in the immediate vicinity. From information derived froni the citizens I was led to suppose that the two first guns that were fired when I was up by the court- house were fired by Magoffin. I afterward ascertained that he was probably in Captain Kidds Hotel. I detaileq a squad of men to search the building. They soon afterward returned from searching with a man said to be Magoffin, the accused. They reported to me that they had found him secreted in the garret of the hotel. When they brought hini to me I was in the rear of the houseKidds Hotelin the alley. The first I asked him was his name Magoffin, and then demanded his arnis if he had any. He either went and got a shotgun and one of Colts revolvers, or gave information where they were so that one of my men got themI am not l)ositive which. I then asked him if he was a commissioned or non-commissioned officer in the Missouri State Guard, or any connection with the so-called Southern Confederacy as an officer or private. He disclaimed any connection with either the Missouri State Guard or Southern Confederacy whatever. I then told him if that was the case that he was guilty of assassinating IT. S. troops while in discharge of their duty. I then pinioned his arms; tied his hands behind him with a rope. Dur- ing this time while they were getting the gun and pistol myself and officers pro- tected him from the fury and rage of the home guard and some of my men who were determined to kill him. I then directed one of my officers to put him in charge of the guard on his own horse, or horse that I supposed to be his, and took up the 21 U RSER II, VOL Page 322 322 PRISONERS OF WAR, ETC. march for Sedalia where the main body of the comman~1 was. I delivered him to the officer of the guard there at Sedalia by the order of Colonel Marshall, my com- manding officer. Question. Have you stated all the conversation at the interview you speak of, or was there any other interview between yourself and the accused ~ Answer. To the best of my recollection 1 have. There was some other conversa- tion; it did not amount to anything. I gave him a little lecture~ thats about all. There was another interview between myself and the accused soon after he was put in the guard-house at Sedalia. I asked the officer of the guard if he had searched Magoffin to see if he had any weapons concealed about him. His reply was he had not sup~)osing I had done it before I left Georgetown. I then went in the guard- house and searched him myself. I asked him why he shot at us while we were run- ning through the town not molesting him or any peaceable citizen. His reply was that he was afraid that if he did not shoot us we would him. We had some other conversation but nothing of importance that evening. I made some hard threats against him; talked very severe to him. The next morning after he had received a visit from his wife and daughter he admitted to me that he shot at me, or what he supposed to be the commander of the forces coming into town, but at the same time carried the idea that he was forced to do it to protect himself. He gave that as a reason for shooting. That was all the conversation that I recollect of hav- ing with him until after our arrival at Lexington. Question. Do you recollect the christian name of Glasgow? Answer. I do not recollect his christian name. I know that there was but one man of that name in Company C (Captain Mitchell). Question. How was the accused dressed when you first saw him at Georgetown ~ Answer. Well, sir, I could not see anything marked about his dress; he had no uniform on. I am positive that he had no uniform on or military badg3; nothing to distinguish him from a citizen. Question. Were the home guard in uniform or not? Answer. Well, sir, they were not generally. Some had on caps and gray shirts that they got of our regimentsome of them from Johnson and some from Pettis County; I was so informed. Question. Were the home guard of Georgetown or in that vicinity dressed in uniform or not at the time or previous to the occurrence at Georgetown? Answer. The only home guard that I am personally acquainted with living nearer Georgetown than Sedalia had no uniform to distinguish them from a citizen. Captain Parker, of Sedalia, had a command of thirty or forty men who were mostly provided with caps or shirts or something to distinguish them from a citizen; but they were not with me at that time. Question. How were the soldiers who accompanied you when you first passed through the town (Georgetown) dressed? Answer. The soldiers were dressed with blue military caps such as were worn by U. S. troops at that time; gray shirts; some of them might have been red; high- toppeff or long-legged cavalry boots; sabers and belts; strap running over, the shoulder and canteen slung over the shoulder; riding all of our men on Grimsleys military saddlesbrass trimmed and holsters. Question. Were the soldiers of the U. S. easily and readily distin- guished from the home guard by their dress? Answer. They were, sir. Question. Did or did not the accused admit to you at either of the interviews to which you allude that he killed the man Glasgow? Answer. He did. He admitted that he did Page 323 EARLY EVENTS IN MISSOuRI, ETC. 323 By the ACCUSED: Question. You spoke of a search of the person of the accused by you at Sedalia after you had delivered him over by order of your command- ing officer; what was the result of the searchdid you find anything? Answer. I found on his person an old knifeI think all the blades were broken out; a pocketbook containing some memorandums, a $5 note and 25 cents in silver; nothing else that I recollect of. Question. Have you ever returned to the accused his pocketbook and contents? Answer. I have not. I reported the amount to my commanding officer, Colonel Marshallthe amount I had taken, the pocketbook and its contents; showed him the knife. He told me to retain them. Afterward while on the march to Lexing- ton he ordered me to pay $4 of that amount to a man whose name I forget whom he was about to send as a bearer of dispatches to General Grant or the commanding officer at Jefferson City. The balance I have in my hands now. The pocketbook and so on was lost with my baggage at Lexington. Question. Are you not vindictively hostile in your feelings to the accused and have you not proclaimed to others and to him that you would swear like hell against him, or words to that effect? Answer. I am particularly hostile toward him in my feelings. I dont think I ever made use of that expression to him. I made use of very severe language to him at Sedalia. I dont think that I ever used that expression. Recently and since I saw him at Sedalia and Lexington my feelings toward him have been different; not as bitter. Up to that time I had a spirit of personal revenge which since I have ceased to feel. The personal revenge grew out of this fact that from what I heard from him andotherslsupposedtheshotthatkilledGlasgowwasaimedatme; that I thought it a cowardly and assassin-like manner of treating me and so on. I made up my mind that everything was fair in war. Perhaps time has made a change and his deportment while with us before and after the surrender of Lexington continued to make that change of feeling; have not that vindictive feeling toward him that I had before. Question. Were you a prisoner at Lexington? If so when the rela- tion of yourself and accused were changed what was his treatment of you, and has that conduct had any effect upon your hostility to accused? Answer. I was a prisoner at Lexington. His treatment of me was kind and had a tendency to soften my feelings of vindictiveness and revenge toward him. Question. Have you not since the accused has been a prisoner here in this city in the McDowell College Prison uttered the words I will swear like hell against you, in the presence of the accused and Provost- Marshal Farrar? Answer. I do not know that I ever had any conversation with the accused in the presence of the Provost-Marshal Farrar. I had, however, a conversation with the accused in McDowells College. While there in conversation with him and his asso- ciates I gave the accused and his associates some cigars. While in conversation with the accused in as I supposed a friendly manner, the question of charges being pre- ferred against him, I in a jesting manner might have used some expression toward him something of that nature. I think I never made use of that l)articular expres- sion. Question. Describe where you first saw the troops whom you after- ward chased. Answer. We were approaching Georgetown from the east, in the direction of Otterville. The soldiers I first sawthose I took for soldierswere on a hill opposite a brick housefarm-house I should judge it wason the right-hand side as we approached Georgetown from the east. I should judge I was about half a mile from town, not more than half a mile; about half a mile from court-house. They ran down the hill in the direction of the town on the main road; they made two turns before they got to the court-house Page 324 324 PRISONERS OF WAR, ETC. Question. How near them had you reached when you entered the town? Answer. I should judge when we entered the town we had gained about half a mile on them. By the time we were opposite the court-house they were about thirty or forty rods ahead of us. Qnestion. Had aify portion of your force been sent south of your then position so as that they should approach from the south while you approached from the east? Answer. No, sir. My directions to my pickets were to surround the town and to meet on the opposite side of town. Question. Did the force advancing under your immediate command reach the town in a body or did any portion of it lead the advance into the town? Answer. They did not reach the town in a body; the horses that I had, the Illinois cavalry, were swifter than those of the home guards; the cavalry was ahead. Question. Where, at what spot, did the home guard desert you~ Answer. I am unable to say. My impression is that tLey started with us but they dropped off; I cant say where to my own knowledge. Question. Was any horsemen of your cavalry ahead of you when you got opposite the court-house? Answer. I should think that Orderly Glasgow was half a horse ahead of me when we turned the corner. I think there was but three of us when we turned the corner, but I am not positive as I was looking ahead and not behind me. In entering and riding through the town I am only positive that the court-house was on my right hand all the time. I think ~o. Question. Did or not you see Glasgow drop his pistol when he reeled in his saddle? Answer. I did not. Question. State where you were when you saw him reel in his saddle? Answer. He was ahead of me when I saw him reel; cant be positive of the place. I passed him and saw he was wounded but did not see him fall, nor did I notice whether his horse changed his direction. The next tune I saw Glasgow he was in a wagon-makers shop, or blacksmiths shop, on the same street on which I entered; that is my impression. The entering part there I am confused about. Question. Had you passed Kidds Hotel before you fired, and how many persons did you fire at? Answer. Yes; I had passed Kidds Hotel, and the number of persons I could see was about four more or less. Question. Were they in sight when you made the turn at the corner? Answer. They were in sight after we made the turn. They were on horseback and with guns. Question. Had your cavalry revolvers? Answer. A portion of them had revolvers; those with me had revolvers or horse- pistols. Question. How did you enter the town? Were your sabers (Irawn or pistols in hand, if you know? Answer. Pistols in hand; sabers were not drawn. Question. What number of men had Captain Mitchell and was he on your right or left or rear when you entered the town? Answer. I do not know the exact number of men he had; say about sixty men. He took the right of the turn, and did not enter I think on my street until he got round to the west end of town Page 325 EARLY EVENTS IN MISSOURI, ETC. 325 Question. You say that you, Glasgow and another were in advance as you entered the town. When the start was made by you in pursuit did or did not some one of the party exclaim that they were going to kill some of the damned secesh ~ Answer. Not to my recollection; i~ might have been said; I dont recollect it. Question. You say the accused was brought to you. State the terms under which the accused was taken. Answer. No terms about it that I know of; no agreement made at all. Question. Was he not taken under the express coidition that if he would come down from his position in the attic of the hotel he should be treated as a prisoner of war ~ Answer. Not to my knowledge. There was no one there authorized to make such proposition. Question. Who did take him ~ Answer. A detoil of men; twoI am not positiveof the Illinois cavalry and one of the h9me gnards. Question. Did they not report to you when they brought him to you that he was in the attic, difficult of approach, with a revolver; that he determined to defend his life there and would cease to resist only upon the conditions of being treated as a prisoner of war, which they agreed to? Answer. Nothing of the kind whatever. They never reported to me any such thing. Question. Who was present at and heard the conversatioii you have given at first interview with the accused? Answer. Captain Mitchell was there. Question. Detail what that conversation was as it actually occurred and in the order in which it occurred and as near as may be in the words of the speaker, without drawing conclusions. Answer. The first thing that I asked was was his name Magoffin? Yes, sir,~~ was his reply. I theii asked him if he had any arms. His reply was finally that he had a double-barreled shotgun and a revolver. I then asked him if he had any con- nection with the Missouri State Guard or the so-called Confederate army as an offi- cer or private. His reply was that he had none whatever, and following that he said he was a private citizen. All the time the conversation was going on it was broken into by the threats of some home guards principally and probably by some of my own men who threatened to shoot him. They were very much infuriated. Question. Did the home guards hear you state to the accused that he was guilty of assassinating U. S. troops while in time discharge of their duty ~ Answer. I dont know whether they heard me or not. Question. When you told the accused line was guilty of assassination did he make any reply? If so what? Answer. His reply was as his reply invariably was to any question in regard to the shooting that he shot in self-defense. I might have made some comments on the reply. I think it was in this wise: That he could not have concluded himself in danger while the troops were running through the town. He said in reply that he thought there was a larger force coming than was there. Question. At what period was it in the first interview while he was a prisoner in your presence, surrounded by the infuriated home guard, that you delivered a little lecture to the accused? Answer. It was after I had asked him the question in regard to his position in the army and after he had surrendered his arms Page 326 326 PRISONERS OF WAR, ETC. Question. Can you recollect whether the accused went away for his arms after he was brought into your presence? Answer. He either told some of my men where they were or went with them him- self; I am not positive which. Question. Was this first interview in the hotel or out of it? If out of it, how far from it? Answer. It was out of the hotel; I should think probably three ro(ls from the hotel. Question. Were the home guards who wanted to kill the accused the men who had deserted you? Answer. I do not know; I presume some of them were. Question. How soon after your arrival iii Sedalia was it that you delivered over the accused under the order of your commanding officer to the officer of the guard? Answer. I should think within five minutes after we entered the encampment; the same evening of the occurrence at Georgetown and before sundown. Question. Why did you seek another interview with the accused, and when was that? Answer. The thought suggested itself to me that I had not examined his person to see if he ha4 any weapons secreted on his person, and further to ascertain if he had any papers to give us any intelligence in regard to the movements of the enemy. This occurred about dusk the same day. Question. Was it not your purpose to extract a confessiou from him as to the shooting? Answer. It was not. Question. Was the officer of the guard present at the search or any one else besides yourself and accused? Answer. There was some one else; I cant say who it was. There was one or two of the guard. Colonel Hughes was not one of theni. Question. Was the conversation you started with him at all neces- sary to the object you say you had in view, viz, the search? Answer. No, sir; it was volunteered on my partwholly unnecessary. Question. Was it any part of your l)urpose in going to the second interview to gratify the vindictive feelings you acknowledge to have felt against the accused? Answer. It was not. Question. Did you not find on his person a letter directed to the accused by the title of major? Answer. I did. I dont know where it is now. The last I saw of it it was with my baggage which was lost at Lexington. The commission adjourned to meet to-morrow, Saturday, February 15, 1862, at 10 a. m. SAINT Louis, Mo., February 15, 186210 a. m. The commission met pursuant to adjournment, all the members present with the exception of Lieutenant-Colonel Fischer. The accused, Ebenezer Magoffin, also present. The proceedings of yesterday were being read to the commission by the judge-advocate when at the suggestion of the commission an Page 327 EARLY EVENTS IN MISSOURI, ETC. 327 the accused the further reading was dispensed with for the reason that yesterdays proceedings, composed entirely of the testimony of the witness, Lient. Col. II. M. Day, would be read to him and to the com- mission during the morning. The examination of Lient. Col. H. M. DAY was resumed. Question. State the conversation at the interview of the search just as it occurred and in the words of the speakers aiid in the order in which it occurred, avoiding conclusions and inferences. Answer. There was but very little conversation had between myself and Mr. Ma- goflin at thetime of thesearch; bythat I mean to be understood that the principal part of the talking was on my part. I told hini that I wanted to search him to see what he had on his person, and lie replied, All right, and commenced pulling off his coat and vest. I am not positive whether he had on a coat or not. While I was examining him I talked very severely to him, in this wise: Magoffin, I am astounded that a man possessed of as much intelligence as you appear to be should take the course that you have in assassinating Federal troops. I told him that I hoped he would be shot or hung up by the neck; that I would like to be the man to do it. I told him that he probably would be disposed of in some wayexecuted on the fol- lowing day. He during my conversation said but very little; he said that he sup- posed we came there with a larger force to take prisoners or kill all those who were in favor of seceding from the Federal Government of the United States. That is about all the conversation that I recollect of that evening. Question. State all the conversation you had with the accused at your next interview with him, using the words of the speakers and preserv- ing the order of the conversation as it occurred, avoiding conclusions and inferences. Answer. The conversation on the following morning was had soon after his wife and daughter left. I am not positive whether Colonel Hughes was present at that interview or not. I first said to accused, You probably will never see your wife and daughter. His reply was it was a tough case. I then told him that we had two witnesses that saw him shoot; that we had a sure thing on him. He then said that he had shot what he supposed to be the commander of the forces that were coming into town; that he done it solely because he was in fear of his own life, as any man would under siniilar circumstances. I dont recollect any other con- versation that morning. I might have said something to him to the same effect as I had the evening before. Question. Did you tell him who the witnesses were? Did he ask who they were? Answer. He did not ask. I did not tell him. I am not positive as to but one of themSatterwhite. On my arrival at Sedalia they gave their names to the adjutant. Question. You say some shots were exchanged you firing two of them. Who fired in exchange and at whom was the fire directed? Answer. The firing was from those who were running from us; I mean the shots that were exchanged after I shot. Question. Did they stop and turn their horses to fire, and at what point was that? Answer. They did not stop their horses; as they turned to go into the timber they slackened their gait and fired. That was on the road what I understood to be froni Georgetown to Sedalia. They did not go on the Sedalia road but niade a turn to the timber on the north or northeast. Question. Did you see the pistol of Wheat after he was wounded? If so state how many charges were in it. Answer. I did not see it. Question. Did you or not see the pistol of Glasgow after the dis. turbamice was over; and if so how many charges ~vere in it Page 328 328 PRISONERS OF WAR, ETC. Answer. I did see Glasgows pistol. I am unable to say how many charges were in it. It was a six-shooter. My impression is that I saw the pistol after we were ready to march from Georgetown to Sedalia. Question. Do you remember or iiot whether that pistol was picked up from the ground by a citizen and handed to the orderly-sergeant? Answer. I know nothing in regard to the manner in which the orderly obtained the 1)istol. Question. You say you did not know from what place or direction the fire came when Glasgow reeled in his saddle. What prevented your knowledge of that fact? Answer. I am unable to state. Question. How far were the men you fired at from you when you fired ~? Answer. To the best of my recollection they were off forty rods; they were not more and might have been less. Question. Were they in sight of you when you made the turn at the court-house? Answer. They were. Question. Did the fifteen or twenty men more or less which you saw and chased half or three-quarters of a mile from the town, retire in a body or scatter? Answer. They retired in a body. Question. Will you say where it was you saw the muskets? Answer. At the time I saw what I supposed to be muskets about half a mile from the court-house on the road leading toward Otterville, opposite a brick house on the hill. Question. Did you see these men enter the town at a full run? Answer. I did; the men that I saw on the hill. Question. Are you acquainted with Mr. Mentor Thompson, who lives near Georgetownan elderly gentleman? If so did you see him lead- ing a horse on the road at that hill before you charged into town? Answer. 1 dont know that I am acquainted with him and have no recollection of ~seeing him on the road. Question. Was the accused oii the list of marked men which you say you had when you started from Jefferson City? Answer. His name was not on the list. Question. Was it or not notorious at Jefferson City among the offi- cers of the United States that the accused ~vas a recruiting officer for Prices army and that he had a camp of men? Answer. It was. I suppose that u as the reason it was not on the list. Question. You say that when the man caine to you leading a horse, saying it was Magoffins horse that was the first intimation you had that the accused was in that part of the country. Where did you sup- l)O5~ him to be? Answer. I supposed that he was in the army of the Missouri State Guard. Question. Were you or not under great excitement at the time of your first interview with the accused and was it not a scene of great confusion and noise? Answer. The time of my first interview with the accused I was not very much excited. There was continual noise and confusion Page 329 EARLY EVENTS IN MISSOURI, ETC. 329 By the COMMISSION: Question. Are you certain that when you entered the town and rode through the streets that the court-house building was always on your right? Answer. Yesterday I was positive as to I he fact but on reflection I am not posi- tive. Question. What was the canse of the threats on the part of the home guards and some of your men at the time of the first interview you had with the accused ~ Answer. I do not know any cause for threats; cannot define any particular cause for threats. Question. Are you certain that you made the turn at the corner where the building stands which you have described as a two-story building with stairs running up on the outside~ Answer. My impression is the same that it was yesterday, but I am not positive in regard to it on reflection. Question. Were you wounded at the battle of Lexington l Answer. I was; two wounds, and was a long time ill. I was wounded in the knee by a spent ball on September 20, on the day of the surrender of Lexington. There being no further questions to propose to the witness the testi- mony he had given was read to him by the judge-advocate and he requested that the following corrections and additions be made: In reply to question 2 ofjudge-advocate I say after I rode about ten rods, & c.; it should be over ten rods. In reply to question 5 of judge-advocate add I think he wore a dark-colored leghorn hat. In reply to ques. tion 3 by accused insert afterward I made up my mind, & c. In reply to question 25 by accused add 1 and other officers were engaged in keeping them off. The witness was dismissed. The examination on the part of the United States was here closed. MENTOR THOMPSON, a witness for the defense, was duly sworn. By the AccusED: Question. What is your name, age and resi(lence, and state where you resided in August last ~ Answer. Mentor Thompson; fifty-one years old March 9, 1862; Pettis County, near Georgetown, Mo., and resided in August two miles and a half southwest of Georgetown. Question. If you have any personal knowledge of a disturbance at Georgetown about the latter part of August last arisiiig upon the entrance of U. S. soldiers into that village, state what you saw. Answer. Well, sir, I was in Georgetown; saw Mr. Magoffin and party of twelve men with hini. I left town for home about the middle of the day as well as I can recollect; passed out south of the town. When I got upon the hill about quarter of a nijle, perhaps a little more, near Squire Hendersons house, I saw a body of cavalry as I supposed sonlh of me about 600 yards coming in the direction of Georgetown. I was driving a wild horse and buggy and turned in at Hendersons lot; hitched my horse; got over in the yard and went to the fence on the roadside. When I got there the cavalry came up and stopped in the road right opposite where I was on the hill; house on east side of road. There were two of the cavalrymen from 50 to 100 yards behind the main body of men. They came dashing through the crowd of men, soldiers and a few civilians and they remarked that they would kill some of the damned secessionists; another man followed after them. There was a large hollow there between Hendersons and the town. They had crossed and had ascended the hill half-way on the other side toward the town before any of that party who were o Page 330 330 PRISONERS OF WAR, ETC. the hill made a move in the direction of the town. I remained in my position until I saw them at the southeast corner of the court-house yard or square. When at that corner or turning the corner I saw the flash of a pistol or gun as I supposed and heard the report, and what I supposed to he a pistoL Immediately after, the report of from two to five pistol shots as I supposed. I then heard the report of what I supposed to be a large shotgun or something of that sort; heard the report of two guns what I supposed to be shotguns. There were some two or three guns or pistols fired after that I could not tell which. I thought they were pistol shots. I then got in my buggy and left for home. Question. What road did you come out of Georgetown to Hendersons? Answer. The road from Georgetown to Sedalia. The men went iuto town by the same road that I came out. Question. In coming from the town to Hendersons did you or not meet any body of armed men on horseback riding at full run toward the town? Answer. I did not, sir. Question. Did you leave the road after starting from the towii until you reached Hendersons? Answer. No, sir. Question. From your position at Hendersons had you a full view of the road from Hendersons to the northeast corner of the court-house? Answer. Yes, sir. Question. Did you or not from your position at Hendersons see a body of armed men on horseback chased by the three soldiers you speak of? Answer. I did not, sir. Question. Did you lose sight of the three soldiers after they started at any time? If so state at what point. Answer. Not until they turned the northeast corner of court-house square. Question. Are you certain that you saw the smoke or flash and heard the report of a pistol at the northeast corner of the court-house square? Answer. I am certain. Question. How soon after you saw the flash and heard the first report before you heard the next report? Answer. Within a few seconds. Question. How soon after that before you heard the report of what you took to be a shotgun? Answer. It was within a few seconds after that. Question. From your position on the hill could you see the northwest corner of the court-house square? Answer. Could not, sir. Question. Could you tell from what point the report of the shotgun came? Answer. No, sir; I could not. Question. You say you saw the accused and twelve of his men. How were they armed? Answer. They were armed with double-barreled shotguns. I did not notice par- ticularly. I thought they were shotguns Page 331 331 EARLY EVENTS IN MISSOURI, ETC. Question. Do you know when they came into town that (lay or were they there when you went to towul Answer. I think they came in after I got to town. I saw the party ride down the street and hitch their horses. Question. How did they come in, at what place, and how long was this before you started home ~ Answer. They were riding in a walk down the street all together in a line. I suppose it must have been one hour. Question. Where did they hitch their horses? Answer. Hitched them to the court-house square fence; some on the north and some on the west side of the square. Question. Do you know where the accused hitched his horse? Answer. Yes, sir; he hitched his horse at the northwest corner of the square. Question. Were the accused and his men in the town when you left for home? Answer. Yes, sir. Question. What were they doing if you know Answer. They were standing upon the street not doing anything particular. Question. Did you see on that day any other body of armed men tkan those you have spoken of? Answer. I did not, sir. Question. What do you think was the amount of the force you saw at hendersons, and did you know any of them? Answer. I thought there were some twenty-five or thirty men at Hendersons. I knew none of the soldiers. I knew some of the citizenscivilians. Question. Were all of the force you saw at Hendersons in uniform? Answer. Of those three men that rode into town the last one I do not think was in military dress; the soldiersall the rest were in uniformthe civilians were armed and on horseback. Question. When you started from Hendersons for home where was the main body? Answer. They were going up into town in the same direction as the other three. Question. Do you remember how the accused was dressed that day? Answer. No, sir; I dont believe I do. He had on citizens dressI recollect that. In his every-day dress, such as I had seen him in towil there wear frequently before. Question. Whereabouts in the town did you see the accused that day and what was he doing? Answer. I saw him at Fischers store and at the drug store; he was standing talking with some gentlemen. Question. Where is Fischers store and where the drug store? Answer. Fischers store is across the street from the northwest corner of court- house square. It is the corner house on the main cross street; two-story frame building; stairs outside on the side of the building next to Main street. The drug store is across the street west, a little north of the center of the square, about fifty feet south of Fischers. Question. Do you know whether the armed civilians you saw at Hen- dersons were home guards? Answer. I do not, sir; but I dont think they were Page 332 332 PRISONERS OF WAR, ETC. Question. Where had you seen the accused last before you saw him in Georgetown that day ~ Answer. I do not recollect where. Question. Could you say whether the first pistol flash was from a man on horseback or on foot l Answer. I could not, sir. I took it to be from one of the men on horseback. Question. What obstruction prevented you seeing the northwest corner of the court-house square~ Answer. The trees in the court-house yard. The court-house itself would prevent my seeing it from my position. Question. How near the court-house square on its east front does the road run up which the three men galloped ~? Answer. It runs right along the east side of the court-house square. Question. Is the hill at Hendersons as high as the ground occupied by the court-house yard l Answer. I think it is, sir. By the JUDGE-ADVOCATE: Question. What was the distance from where you stood at Hender- sons to the northeast corner of court-house square where you saw the soldiers turning the corner ~ Answer. Well, sir, I think it was about 600 yards. Question. You say in your statement that when the soldiers turned the northeast corner of court-house square you saw the flash of a pistol or gun. Could you readily tell at the distance you were off (600 yards) the flash or report of a pistol from a gun%~ Answer. Well, I thought so, sir. I supposed it to be a pistol from the report. Question. Did you see the accused with the body of men whom you saw come slowly riding down the streetl Answer. Yes, sir; he was with them. Question. Do you know whether the accused had any particular con- nection with those men ~ and if so state what. Answer. I dont know that he had any particular connection with them. I did not know the men. By the Cow~IIssION: Question. How long had you been in town before the accused came ml Answer. I think I had been about one hour and a halfthat is before I saw him. Question. Did he give his men any order of a military character I Answer. None that I heard. Question. How were they cla(l? Answer. All in citizens dress. I noticed nothing peculiar in their dress. I did not notice their dress particularly. Question. How far from the town plat is the place where you met the troops I Answer. It is 250 yards, and there were two cross streets between me and the north side of the square. The court-house stands on the third block. One street is fifty feet wide and the street adjoining the square is sixty feet wi(le Page 333 EARLY EVENTS IN MISSOURI, ETC. 333 Question. How far do you live from the residence of the accused? Answer. I live about nine miles. Question. How long have you known him? Answer. I have known him some five or six years. I (lont remember the time exactly; have known him ever since he has been in the county. Question. What are your personal relations with himintimate and friendly, or otherwise? Answer. Friendly. Question. What sympathy is there between you and himpolitically, religiously or otherwise? Answer. I understand he was a member of a Christian church, and I am a mem- ber of a Christian church. We have voted differentlyhe has been a Democrat and I am a Whig. We differ now in politics. Do not belong to any secret association with him or anybody else. Question. What are your sentiments in relation to the present troubles? Answer. My sentiments are that I would like very much to have peacc restored; have been so all the time. Question. On what terms? Answer. On terms in conformity to the provisions of the Constitution. Question. On which side are your sympathies? Answer. My sympathies are with the Southern people. The testimony of the witness was read to him by the judge-advocate and there being no additions or corrections to be made the witness was dismissed. GEORGE S. BROWN, a witness for the defense, was duly sworn. By the ACCUSED: Question. State your name, age and where you resi(led in August last. Answer. George S. Brown; twenty-six years old; resided near Georgetown, two and a half miles northeast. Question. If you know anything of a disturbance that took place in Georgetown about the last of August, 1861, arising upon the entry of United States soldiers in that village state it. Answer. I went up to Georgetown on business and I was at the post-office when Colonel Magoffin and twelve men rode down the street. The post-office is near the suburbs in the western portion of the town. I remained there at the post-office after Colonel Magoffin passed down the street with his men, and I proceeded down the street to Mr. Hoges drugstore. When I stepped in ColonelMagoffin was in the drug store. I spoke to hini and started to walk out of the door. Just at that time his men came froni the court-house (they had been up in the court-house) to the drug store where Colonel Magoffin was. They reported to him that there was a large dust over toward Sedalia. Colonel Magoffin then asked me if I knew where the Irish shoe shop was. I told him it was around in Captain Kidds Hotel on Main street. He asked me to walk around there with him; that he wished to get a pair of boots for Charlie Hardin, his son-in-law; that as he had his gun the Irishman might think he wished to hurt him in some way. He did not wish to frighten him in any way. All he wished was to know if the boots were doue. When he asked me to go round there with him he ordered one or two of his men, I am not positive which, to get on their horses and ride round on the brow of the hill below the printing office, [on road] out of town, to see if they could see any arme(l men or soldiers coming, and whilst they were getting on their horses we went round to the shoe shop. All the rest of his nien accompanied him. Colonel Magoffin after he walked into the shoe shop and asked the questiou about the UQOtS walked out. He was standing on thu Page 334 334 PRISONERS OF WAR, ETC. pavement before Captain Kidds tavern. In a few minutes his men who were sent off returned and reported that the enemy was coming. They came back full tilt. His other men who were standing around him broke for their horses. Colonel Magoffia or(lered tuem to halt some two or three times I am not positive which, but they paid no attentioa to his command or order but ran, iinhitched their horses and mounted them. Colonel Magoflin walked briskly to his horse after he found that his men would not halt. When Colonel Magoffin got to his horse the bridle was off. He unhitched the bridle from the fence and put it on his horse, and wheii he attempted to get up his foot either slipped or the stirrup leather broke I could not say which. Just at that time three Federal soldiers wheeled the corner of the court-house fence and just as they wheeled they hallooed here they are, and fired. Well, there was from three to five pistol reports before I heard the report of the shotgun. Well, sir; there were two of the three soldiers ran, riding as hard as their horses could go up Main street in pursuit of Magoffins men, and fired some three or four shots after they passed where I was standing myself. I was standing right on the platform in front of Mr. Fischers store, right on Main street. The other soldier turned the northwest corner of the court-house fence and went up to Mr. Hoges drug store. He was sitting there on his horse for a few minutes when there was some one came to his assistance and aided him to oct off his horse. In a few minutes after that the whole town was alive with soldiers. Question. At what part of the towneast, west, north or south(lid the accused and his twelve men enter the town? Answer. Entered the town from the west, right down the Lexington road. Question. Where were the horses of the twelve men hitched and where was the horse of the accused hitched? Answer. rhe horse of the accused was hitched at the northwest corner of the court-house fence. The most of the other horses were hitched on Main street on the north side of the court-house fence. Question. How far was the printing office from the court-house square and in what direction from the court-house? Answer. It was some 100 or 150 yards from the court-house and very near a south- east direction from the court-house, and on the left-hand side of the street as you go to Sedalia and within the town. Question. Did you change your position at any time after the first fire? If so state in what respect. Answ.r. I did. I was standing, and moved right back against the store; it was about half-way between the building. The building is between fifty and seventy- five feet long. Question. From that position could you see the accused? Answer. I could not, sir. Question. Did you know either of the three soldiers who turned the northeast corner of the court-house square and fired? Answer. I did not, sir. Question. Do you now know Colonel Day, and can you say whether he was one of the two men who ran past you? Answer. I cannot, sir. Question. From what direction did the report of the shotgun come? Answer. It came from about the vicinity of the northwest corner of the court- house fence where I last saw Magoffin. I heard but one report of shotgun. Question. Could you or not see the pistols in the hands of the three soldiers? Answer. Yes, sir. Question. Did you go around to where the wounded man was assisted from his horse? If so state his condition,whether dead or glive and where and how wounded Page 335 EARLY EVENTS IN MISSOURI, ETC. 335 Answer. I walked around some five or ten minutes after the shooting occurred. When I was standing last up the street he had been assisted from his horse. He was not dead and I did not see where he was shot. I saw where he was bloody around the neck. I did not see him afterward. Question. Do you know whether the accused got or was getting on that day in town shoes for any of the twelve men ~ Answer. I heard him inquiring for merchants, that he wished to get some shoes for his men. The doors were closed because it was reported that the soldiers were coming in. Question. Did you see any other body of armed meii that day except the U. S. soldiers and the home guards and the twelve men ~ Answer. I did not, sir. Question. Did you know anything about a body of armed men on horseback without uniforms numbering about fifteen or twenty men who were chased into the town of Georgetown by the U. S. cavalry on that day~ Answer. No, sir; I do not. Question. Were you at Kidds Hotel at the capture or surrender of the accused? If so state what you know of either. Answer. No, sir; I was not. I was at Mr. Phillips store when they caught him at Kidds Hotel. Question. Were you present when he was carried before Colonel Day and there tied ~ If so state any conversation you heard there between the colonel and the accused. Answer. I was not there. Question. Are you certain that the firing by the three men with pistols was before the report of the shotgun ~ Answer. I am, sir. Question. In what direction did they fire, and at the time of the fire were they in full run? Answer. They were in full run and they fired right at the men who were leaving their position at the court-house fenceleaving as fast as they knew how. Question. How many of the twelve men passed you up Maui street after the firing began ~ Answer. There were some six or seven passed me after the firing began. Question. When the accused went to his horse did he have his gun, and what sori of a gun was it~ Answer. Yes, sir; he had his gun. It was a double-barreled shotgun. Question. Was the accused in full view of you up to the time you changed your position by going back to the wall of Fischers store ~ Answer. He was in full view of me up to that time. By the JUDGE-ADVOCATE: Question. How far had Colonel Magoffins men gone when his foot slipped in the stirrup? Answer. Some had not left the fence; some had gone. By the COMMIsSION: Question. You speak of Magoffins men; why do you call them by that term Page 336 336 PRISONERS OF WAR, ETC. Answer. Because I understood he was a recruitin~ officer and I had heard him call theni his men when he wanted to purchase for them. By some he was called major and by some colonel. Question. l)o you know what was the object of the accused and his men in coming to Georgetown? Was lie in command of a band for any particular purpose? Answer. I do not; only as a recruiting officer. Question. What are your sympathies in relation to the present troubles? Answer. I am a strong Constitutional man. The commission adjourned to meet on Monday next, February 17, 1862, at 10 a. m. SAINT Louis, Mo., February 17, 186210 a. m. The commission met pursuant to adjournment, all the members present with the exception of Lieutenant-Colonel Fischer. The proceedings of Saturday, February 15, were read over in part to the commission at the suggestion of the commission and the accused. The part read was the testimony of George S. Brown. The testimony of Lieutenant-Colonel Day and of Mentor Thompson, taken on Saturday, had been read to the commission and the witnesses on that day and the rereading was therefore dispensed with. I)ANLEL E. SANDERS, a witness for the defense, was duly sworn. By the ACCUSED: Question. State your name, age and residence. Answer. Daniel E. Sanders; twenty-one years 01(1; Georgetown, Pettis County, Mo. Question. If you know anything of a disturbance at Georgetown in August last arising from the entry of some U. S. soldiers into that vil- lage state it. Answer. The accused came into town on that day, August (I dont remember the day) about 12 oclock with twelve men, and I think it was about an hour after he came in when the alarm was given that the Federal troops were coIning. At that time I saw Mr. Magoffin standing on the sidewalk, and in three minutes after the Federal soldiers came in. Just before they came in the part of Colonel Magoffins men that went around the court-honse squareI dont know whether they were sentcame running back in full speed on their horses. I suppose to the best of my recollection they were about fifty yards ahead of the Federal soldiers. Just as the Federal soldiers turned the corner of the square there was three or more came in first; there was between three and five shots fired at the men that were running; the shots were fired by the Federal soldiers. I did not know any of them at that time but became acquainted with them afterwardthe one that was wounded. Well, after the shooting was over I saw Colonel Magoffin run; he was shot at once or twice as he run; he was found shot about an hour after that in Kidds Hotel. That is all I know about it. Question. At what place in the town was the accused when he was shot at by the Federal soldiers? Answer. He was running south of Fischers store in the direction of Kidds Hotel the back part of Kidds Hotel. Question. What corner of the court-house square was it that the Federal soldiers turned and where were you then? Ans~ver. They turned the northeast corner, thcrc where I first saw them. I was in my office lip stairs over Fischers. I was employed by Fischer settling his busi- ness Page 337 EARLY EVENTS IN MISSOURI, ETC. 337 Question. What sidewalk was it that you say the accused was stand- ing on when the alarm was given that the Federal troops were coming? I)escribe the place. Answer. It was on Fischers sidewalk on Main street. The window of my office looked out to the north. The platform extended beyond the line of the court-house fejice. Question. Did you see the accused at the time the Federal soldiers first fired or notice where he went from the sidewalk~ Answer. I did not see him after he left the sidewalk until I saw him run. Qnestion. What did the Federal soldiers fire with ~ Answer. I dont know with what kind of arms. The one that was wounded fired with holster pistol. Question. Did you see a shotgun fired or hear the report of one? If so at what time before or after the firing by the Federal soldiers? Answer. I heard the report of one after the firing by the Federal soldiers. Question. Did you see the accused have a gun that day? If so when and where~ Answer. I saw him have it; when he was on the sidewalk he had a gun. Question. From where you stood could you see distinctly the Fed- eral soldiers as they turned the northeast corner of the square ~ Answer. Yes, sir. Question. I)id you see the soldier who died? If so did you see his l)15t01? Answer. Yes, sir; I saw his pistol. I did not examine it. I saw a gentleman pick it npSamuel H. Brown. It was a holster pistol. Question. Do you know Mr. Mentor Thompson and George S. Brown, and did you or did you not see them in Georgetown that day? Answer. I do know them and did see them there that day. Question. Were you present at Kidds Hotel when the accused was taken or surrendered ~ if so state the circumstances. Answer. I was not at Kidds Hotel. I did not see him until they had started out of town with him. Question. Were you present at any conversation between Colonel Day and the accused on that day? Answer. No, sir. Question. Is there any obstruction to the view from the northeast corner of the square to Hendersons house? Answer. None at all; none from the fence. Hendersons house sets hack from the road. Question. From the printing office is the view to hendersons obstructed? Answer. No, sir. The distance from the printing office to the northeast corner of the court-house square is about 150 yards. Question. Do you know whether the accuse(1 was or not a recruiting officer under the then governor, Jackson? Answer. I do not. Question. Can you state how niaiiy of the accuseds men came gal- loping giving the alarm? 22 H RSER II, VOL Page 338 338 PRISONERS OF WAR, ETC. Answer. I cant say the exact number. The men who went roufl(l the court-house square first gave the alarmtour or six; I (lout know the number of them. Question. Which way did they go round? Answer. 1 think they went round by the south si(le of the court-house square. They were omi hiorsei)ack. Question. Did you see them return; and if so which way did they come? Answer. Yes, sir. They came up Main street having tuirnc(l the northeast corner; they came round that way. Question. I)id you know where the horse of the accused was hitched? Answer. He was hitched near the northwest corner of court-house fence. The horses of thc others were hitched some on the north and sonic on the west side. Question. What part of the town (li(l the accnse(l an(l the twelve imien enter and howrapidly or slowly? Answer. He entered froiiu the west l)ait of town sbwly, on hiorsehmackhorses all walking. Question. Did you see any other body of armed men that (lay in town besides the twelve men and the U. S. forces? Answer. Nq. sir. By the JUDGE-ADVOCATE: Question. You say the accused came into town about 12 oclock on that day. Did you see him enter and where were you at the time? Answer. I was at the Pacific hotel in the west part of the towmi and saw them enter. Pacific Hotel is on south side of Main street about 400 yards west of Kidds Hotel. Question. What was the accused doing with twelve men in town that day? Do you know whether it was a party headed by accused for any l)articular object or a mere chance meeting? Answer. I do not know, sir. Question. Why did you not state in your narrative of events the fact that you heard the report of a shotgun before you saw the Federal soldiers shoot at the accused? Answer. I forgot it. Question. Did you hear the report of shotguns immediately after the Federal soldiers first fired or how long after? Answer. It was a very short time after. It was all in a minute the shooting was ulone, or in a very few minutes. Inunediately after the lirst firing the report of a shotgun was heard. This firing wds all at our corner and was done in a short time. Question. Do you know what those men were doing in town on that day, and were they residents of the county or strami gers so far as you know? Answer. I knew some of them; some I did not. I dont know what they were doing that day. Question. Who fired at the accused as lie was running after you heard the report of the shotgun? Answer. I dont know the gentleman; lie belonged to the Federal Army. Question. Where were you when you saw these soldiers turning the corner and what were you doing? Answer. I was upstairs in my office Page 339 EARLY EVENTS IN MISSOURI, ETC. 339 Question. How could you see the soldiers coming down Main street or turning the corner ~ Answer. I heard the alarm and was looking out of the window fronting on Main street. By the AccusED: Question. What do you mean by looking out of the window ~ Answer. I heard the alarm and was sitting by the open window and put my head out. The testimony given by the witness was read over to him by the judge- advocate and he requested permission to add as follows: In his state- ment he says there were between three and five shots fired at the men that were running. He modifies it by saying in the directiou of th~ men that were running. JOHN G. HuTdHISoN~ a witness for the (lefense, was duly sworn. By the ACCUSED: Question. State your name, age and residence. Answer. John 0-. Hutchisoii; near forty-live years of age; a mile froni Syracuse, Cooper County, Mo. Question. Are you connected by blood or marriage with the accused ~ If so state how. Answer. Yes, sir; he married my sister. Question. State if you know what connection the accused had with the armies of Jackson and Price in arms against the United States ~ Answer. I know personally nothing. Question. Did you ever see the paper written and left at the residence of the accused by Colonel Brown on the night of the death of Mrs. Magoffin ~ If so state its contents as well as you are able. Answer. Yes, sir. This safeguard permits E. Magoffin to remain with his family for ten days (or until the 20th, I dont recollect whichten days, I think) with ~)rivilege of visiting our headquarters, and then something about soldiers or officers to respect this safeguard. That would be the substance of it aiid that safe- (Tuard I had in my possession about twenty-four hours. On the 11th or 12th of December I gave it up. It was signed by Colonel Brown, acting aide-de-camp to somebody else. Question. Was the safeguard confined to the protection of the person of the accused or did it or not embrace his property? Answer. From the reading of it I supposed it was only his person. From a con- v~rsation a day or two afterward he supposed that his property was protected by it. He had not seen the safeguard until I gave it to him. The safeguard was given to me so that he would not have to show himself when officers called. Question. Did you have any occasion to use that paper for protection of the accused or his property? If so state the circumstances. Answer. His house was surrounded by troops on the 11th of DecemberI am not sure whether it was the 10th or 11thbefore the funeral. I then showed the safe- guard to the commander of the troopsU. S. cavalry troops. They then retired; they molested no person. They called for hay and corn for feeding their horses. My father told them to go and get it. Question. After that do you know of any depredations being coin- mitted on the property of the accused by Federal soldiers? If so state when and the circumstances. Answer. On the next day a regiment passed Mr. Magoffins. The soldiers killed a good many of his hogs, turkeys and chickens. Colonel Thayer, First Nebraska Regiment, he had command. I was told so. There were two regiments. It was Co Page 340 340 PRISONERS OF WAR, ETC. onel Thayers men who killed the hogs. Know them by their dress. I told them the property ther~: was nnder the protection of the Government. They said it made no difference with them. I had this conversation with the privates. The Federal soldiers that same day destroyed fencing to make a bridge or to fill a mud-hole. The accused was then in the yard at his house. This was after the funeralthe day after the funeral. Question. Do you know what the arrangement was between the offi- cers of the Government of the United States and the accused by which he was permitted to visit his wifr, then iii extremis? Answer. I do not. Question. Did you have any agency in making that arrangement? Answer. None. Question. How long did you remain at the house of accused before you returned home? Answer. I was there for several dayssome days at Mr. Magoffins house and some at my fathers. They lived about three miles apart. Question. Do you know anything of the circumstances connected with another safeguard, either as to its procurement or its return? Answer. Nothing personally. Question. Were you present at a conversation that occurred at the hog-pen between the accused and Colonel Hughes? Answer. No, sir. Question. Have you any knowledge of a conspiracy to assassinate the accused, or do you know whether information of such a purpose came to the accused before the 20th of December? Answer. I do notto both questions. I left the neighborhood on the 13th or 14th of December. Question. If you know any fact or circumstance not previously stated by you favorable to the innocence of the accused state it. Answer. The day those hogs were killed Mr. Magoffin told me he would be com- pelled to go back to the army as there was no protection for his property or for him- self. The soldiers told me that if I drove the ho~rs away they wonld shoot me. By the JUDGE-ADVOCATE: Question. Do you know that the safeguard protected the person of the accused on the day Colonel Thayer and his command passed by? Was the safeguard shown to the officer in command? Answer. The safeguard was not shown. It was in my pocket at the time. Col- onel Thayer knew of the safeguard. He was at Colonel Magoffins the day before and I told him of the safeguard. He may have known it before as he did not come to arrest him. Question. Do you know if any complaint was made to the command- ing officer that his men were killing hogs, turkeys and chickens? Answer. I do not. They were only a short distance apart; they were stopping to rest on the roadperhaps half an hour. .By the AccusED: Question. How were the hogs killedby shooting or otherwise, and what was done with them after they were killed? Answer. By shooting, and then they were thrown into the wagons. The testimony of the witness was read to him by the judge-advocate and he was dismissed Page 341 EARLY EVENTS IN MISSOURI, ETC. 341 CHARLES A. IIARIWN, a witness for the defense, was (luly sworn. By the ACCUSED: Question. State your name, age and residence an(l whether you are related to accused by blood or marriage. Answer. Charles A. Hardin; twenty-five years 01(1; Georgetown, Pettis County; I marrie(l the daughter of the accused. Question. State any knowledge you have of the connectiou the accused has had with the aruiy of Price or Jackson, and ut what capacities. Answer. I could not say positively whether the accused was connected with the army previous to this occurrence or notI mean by occurrence the shooting at Georgetown. I can state some facts that will throw some light ou the subject. A short time before the battle of Carthage Colonel Magoffin left home expressing his intention to his family to connect himself with Prices army. I saw nothing more of him until about four or five days after the battle of Carthage. It may have been as much as two or even three weeks before the battle of Carthage that he left home. Well, when he got back home he gave us a very graphic descriptioa of that battle; spoke of his having been in it. Well, he also spoke of frequent conversations he had with Claiborne F. Jackson showing that he was in his confidence. At least that was the impression he made on my mind at the time. Well, just about the time of his return he began to raise a regiment. He succeeded in getting from Saline and Pettis Counties about 225 or 230 men; that is what I understood. I did not count them but saw them. They were quartered near his house while I was there. Well, I saw them drawn up in front of the house and witnessed an election and the accused was elected major. It was a short time after the battle of Carthage and before the occurrence at Georgetown. Well, he had a son, Captain Magoffin, who was in charge of one company. Colonel Magoffin sent his sony s company (Captain Magoffin) and my impression is he sent all the others to Prices army. He remained at home him- self, but I heard him say repeatedly that he expected to rejoin the army or the men that he had sent out there. Well, there were twelve men I think that I heard from him he got from across the river, and there was a portion of the company that had not arrived and he was waiting for themthe captain of the company and the rest of the men. It was during that time the occurrence took place at Georgetown. I was at Colonel Magoffins house on the morning of that occurrence when they started into townthat is the accused and the twelve men. Colonel Magoffin remarked to me that he wanted to get shoes or clothing or something for his men. I handed him a $5 bill and told him to get my boots at the shop there which I had had footed. I did not see the accused again until I saw him a prisoner at Lexington. While I was there I was informed by Colonel Tracy, Colonel Taylor and another col- onel whose name I forget, that General Price was willing to exchange certain pris- oners he had for the accused, and I had a talk with Colonel Marshall on the subject who declined for the reason that he thought it was unfair to exchange prisoners who had taken up arms for prisoners in Prices hands who were citizens, such as Governor King, Judge Ryland, & c. Colonel Magoffin showed me a commissiou from Price appointing him colonel. I do not recollect its date. This was after the battle of Lexington. I read it. Question. In what capacity did the accused act at the battle of Carthage ~? Answer. I do not know. He stated that he was at the battle of Carthage but (lid not state his capacity. He mentioned that he received orders from Jackson and had received prisoners. Question. Since the battle of Lexington what so far as you know has the accused been doing? Answer. Well, I dont know. He had been with Prices army until he came home when his wife was sick. The family sent word to him at Prices army that his wife was sick. This was about the latter part of November. The accused was not at home I know from the date of the battle of Lexington, September 20, until he was sent for as above. Question. Were you at the house of the accused during the last illness of his wife? If so do you know anything of the arrangement made between Colonel Brown and the accused Page 342 342 PRISONERS OF WAR, ETC. Answer. Yes, sir; I was there on the evening of the arrival of the accused from Prices army. He staid one night at home and went over into Saline, there being a pretty considerable Federal force at Sedalia at the time. His wife continued to get worse; she was at that time quite sick. On Saturday, the 7th of December, we despaired of Mrs. Magoffins recovery and my wife wrote a iiote to Colonel Magoffin requesting him to come home that night. Some time after the note had been sent, a little after dark, the house was surrounded by Federal troops and occupied by them with the exception of Mrs. Magoffins sick-room. They were searching for the accused. At my solicitation the officers did not enter Mrs. Magoflins room. Well, I reckon it was about 5 oclock that night Colonel Magoffin rode up within sixty yards of the house. He was fired at by three sentinels but escaped, leaving his horse behind him. I saw nothing more of the accused until Sunday night, the troops occupying the house until Sunday morning. Sunday nightI think it must have been as late as 11 or 12 oclockColonel Magoffin came in the house. I was asleep at the time but my wife came and woke me up and I went down to the sick- room and saw Colonel Magoffin kneeling by the side of his wife. He remained there perhaps two hoursthree may be. He told me he had been in sight of the house the whole time. He remarked to me that he could have gotten away but did not have the heart to leave his wife. At the suggestion of his mother-in-law, old Mr. Hutchison went over to Doctor Hughes. Colonel Magoffin also went over, but dont recollect whether it was hefore or after Mr. Hutchison returned. This was Sunday night. I saw nothing more of Colonel Magoffin until Monday night. He then came home in company with Colonel Brown and Colonel Hughes. He went first into his wifes room. I followed pretty soon after and found him kneeling by his wife and her arms around his neck; the children also kneeling around. There was a great deal of confusion. I met Colonel Brown coming out of the room. He seemed very much agitated; I believe shedding tears at the tinie he canie out. I remained in the room but a short time and went into the dining-room where I found Colonel Brown and Colonel Hughes. Colonel Brown asked inc if there was any paper convenient and I think Miss Belle Magoffin left the room and in a short time returned with a single half sheet of paper. We noticed something on the back of it. He had sat down and I asked him or Colonel HughesI dont recollect whichwhat arrangement they had made. Oiie of theni stated to meI cant recollect whichthat they had allowed Colonel Magoffin ten days to remain at home and during that time to consider a proposition which they had presented to him. I asked them what proposition that was. They told me that they had pro- posed to protect Colonel Magoffin in his person and property if he would give his parole of honor not to take up arms against the Government. Well, after he had made that statement to me he sat down and commenced writing the safeguard. After he had finished it he handed it to some one. I read it. I think it granted him permission to remain at home and to go to Sedalia and Georgetown. To do so he had to pass the lines. I think it also forbid any one to interrupt him or his property during the ten days. I do not remember there was anything else in the safeguard. Colonel Magoffin and me went out one evening after the burial of his wife to the hog-pen. We were sitting there talking about this proposition that they left with hini when Colonel Hughes came up and addressed Colonel Magoffin very cordially, and said, Mac, you had better stay at home. I think that was the remark. Colonel Magoffin stated to Colonel Hughes that he would like very much to do so on account of his children and the deranged condition of his affairs. Colonel Hughes then remarked that Colonel Brown would be out the next morning to arrange about itto see about it. Colonel Magoffin remarked that he would be glad to see Colonel Brown. Question. Were you present at a conversation between Colonel Hughes aiid the accused at the hog-peii ~ If so state your understanding of what was said, and especially what was said touchiiig a second paper. Answer. I heard nothing that I remember of about the paper. Colonel Magoffin said when we returned to the house that he was afraid the United States Government would not protect his property; that he would give anything in the world to stay at home in peace. The next dayevening I think it waswhen Colonel Hughes came I was absent. The next evening I came home. I met my wife in the door and she seemed very much alai med. She remarked to me that her pa had received infor- mation from two different quarters that if he remained at home lie would be assassi- nated that night. I endeavored to remove her fears, but she replied that there could be no correspondence between the two informants and that her fathers life was in great danger. Colonel Magoffin came into the rooni and asked me to take a walk with him and he hetrayed more emotion, trepidation than I had ever witnessed in him before. Usually he is a very cool man. He told me about the same my wife had told me and as we walked across the meadow in the direction of the woods he aske Page 343 EARLY EVENTS IN MISSOURI, ETC. 343 my advicewhat course he should pursue. I advised him to stay at home, and I think persuaded him; at any rate he walked down to the woods and got his gun which he had never taken away since he came home the night he was fired at by the sentinels. He said when he took his gun, I will put this by my bedside to-night, and if any one attempts te assassinate me he will pay dearly for it. He came back to the house, and when he got there he walked into a room where his mother-in-law (Mrs. Hutchison) was and he remained there in conversation about an hourI dont recollect how long. He caine hack and stated to me that he had changed his mind. He said that on account of his children he would hate to be assassinated in his own house or to bring any further difficulty on them by being there, or words to the same effect. I asked him what arrangement he had made with Colonel Hughes. He told me that Colonel Hughes had left a paper lying on the table and told me I could read it. I read the paper and said to Colonel Magoffin, Did you give your parole of honor to remain at home ? He told me he had not; that he had ten days to decide that matter. I then asked him the (luestion, Colonel, why did Colonel I-I ughes leave that paper here l That seems to imply that you had given your parole 01 honor. He remarked to me that there could he no misunderstanding about the matter as it was clearly understood be was to have ten days to decide; hut, says he, for fear that there should be some misunderstanding about the matter I will write a letter to Colonel Hurhes He was at that time walking the floor. The paper was brought in to him by one of his daughters I believe. He remarked to me that he felt very nervous and he would prefer that I should write the letter at his dictation. I sat down and wrote the lettcr myself as lie dictated it, word for word. He siarted away that evening and left word that the letter should be sent to Colonel Hughes immediately, and if I am not mistaken the safeguard accompanied it. (The judge-advocate shows the witness the letter marked C which he acknowledges to be the one he alludes to.) The next morning the witness sent the letter up to Mr. Hutchisonsit was either that night or the next morning. I saw him leave the room after bidding us all good. bye. He went off on horseback. Dont know whether the accused took his gun or not; I did not see it afterward. The testimony given by the witness was read to him by the judge- advocate and he was dismissed. The commission adjourned to meet to-morrow, Tuesday, February 18, 1862, at 10 a m. SAINT LOUIS, Mo., February 18, 186210 a. m. The commission met pursuant to adjournment, all the members pres- ent with the exception of Lieutenant-Colonel Fischer. The proceedings of yesterday were being read by the judge-advocate when at the suggestion of the commission and the accused the furthei- reading was dispensed with for the reason that the testimony of the three witnesses examined yesterday was tead to them and to the com- mission in each case after it was given. H. T. WALKER, captain, Missouri State Guard, a witness for the defense, was duly sworn. By the ACCUSED: Question. State your name, rank, age and present condition. Answer. H. T. Walker; captain iii Missouri State Guard; rcgimneat not perma- nently organized; twenty-eight years old; prisoner of war. Question. Were you or not at the battle of Carthage~ If so state whether you have any knowledge as to the fact of the accused being engaged in that fight and on which side. Answer. I was at the battle of Carthage. I saw Colonel Magoffin there; he was with General Parsons. There were four prisoners came into my charge that day and I delivered them over to Colonel Magoffin Page 344 344 PRISONERS OF WAR, ETC. Question. Do you know whether the accused at any other place and time was with the army of Price? If so where when and in what capacity? Auswer. I do not, sir. I saw him at the battle of Lexington the evening he was liberated. Question. In what county do you reside when at home, and was your connection with the State Guard constant or only at intervals? Answer. In Pettis County. It was constant, sir, until the battle of Lexington. Question. Were you takeii prisoner at Milford? If so state whether the prisoner was there in arms or taking part against the U. S. forces. Answer. Yes, sir. I did not see the prisoner until the morning after the surrender. I was then acting in my capacity as captain. Colonel Robertson commanded my regiment. Question. Can you give the date of the battle of Carthage? Can you give the date of your capture at Milford? Answer. I think it was the 10th of July. Our capture at Milford I think was on the 19th of December. Question. Where were you about the 28th of August last 0? Do you know of anything of the disturbance at Georgetown about that time? Answer. I know nothing about it only from hearsay. Question. Before you started for the army at that time do you know whether the accused was engaged in recruiting soldiers for Prices army? Answer. I think he was; I cant say that I do know it. Question. Do you know of any arrangements being made for the exchange of the accused while he was a prisoner at Lexington? Answer. I heard officers in our army talk of exchanging Judge Ryland for the accused. Question. How long were you encamped on Blackwater before you were taken? Answer. We got there a little before day and taken the next afternoon. Question. When you did see the accused at Milford had he any arms? Answer. No, sir; he had no arms. We were all disarmed at the time. Question. Do you know Capt. E. II. Magoffin? If so state whether you met him in the army of Pricewhere, when and in what capacity. Answer. The first time I saw him in the army was last May; he was a second lieutenant. I next saw him at Boonville; he was a lieutenant then also. About the last of August I joined him near Clinton on his way to join Price. He was then in command of a company. Question. At Jelterson City in May upon the first call for volunteers by Jackson did you or not see the accused? Answer. No, sir; I dont think I saw the colonel there. Question. Is the army of Price uniformed or not? Answer. No, sir. Some of the officers have uniforms and some have not; the majority of them have not. By the JUDGE-ADVOCATE Question. Are you a commissioned officer? Answer. I have never received a commission. I think the officers receive com- missions; after they have been elected and have opportiniity they receive commissions Page 345 EARLY EVENTS IN MISSOURI, ETC. 345 Question. Have not the officers iii Prices army some distinctive uni- form, mark or badge by which they could be known by their men or distinguished from privates? Answer. A very few of them. Question. By whose order did you deliver the prisoners to the accused at the battle of Carthage and what position did he hold as the recipient of prisoners? Answer. I did not deliver them by any order at all. The I)risoners were in my way and I gave them over to Magoffin. Question. Duriiig the morning and day of your encampment near Milford and before the surrender how many recruits came in, and what proportion of them was armed and what iiumber unarmed to the best of your knowledge? Answer. I have no knowledge of any recruits coming in that day. Question. Before the prisoners were captured what l)rol)ortioIl of the force encamped near Milford was armed? Answer. I think that it was less than one-half. By the ACCUSED: Question. At Boon ville and Carthage what was the condition of the State forces as to regular organization? Answer. I hardly think it was a perfect organizationsome regiments and some companies were formed; others that were not full; so me companies that were not attached to any regiment. Question. What was the number of your force at Milford, and how many prisoners were in point of fact taken? Answer. I do not know the number of force there. I should put it down at 600. Some escaped. F. S. ROBERTSON captain [colonel)?] Missouri State Guard, a witness for the defense, was duly sworn. By the ACCUSED: Question. State your name. age, ratik (if ally) and yonr present con dition. Answer. F. S. Robertson; captain [colonel ~] in the Missouri State Guard; have his commission as such; thirty-four years old; prisoner of war. Question. Were you taken prisoner at Milford, and who commanded the forces there taken? Answer. I was. I commanded them. Question. Was the accused there? Was he armed? Did he consti- tute any part of your forces or take any part against the United States on that occasion? Answer. Yes, sir. He was not armed that I saw. None whatever that I saw. Question. State whether you reported to General Pope the accused as a colonel constituting part of your force. Answer. I did not, sir. Question. Did you ever make such report to any officer of the United States? Answer. I did not Page 346 346 PRISONERS OF WAR, ETC. Question. Did you ever regard the accused at that place as being any part of your force or in any respect subject to your orders ~ Answer. I did not, sir. Question. State, first, the date of the surrender; second, the amount of your entire force; and, third, the whole number of the prisoners taken. Answer. The 19th of December, 1561. About 750 was the number I started out with from Grand Pass, Saline County. The number of prisoners taken as near as I could ascertain was 684 officers and Drivates sworn in. There were some citizens; the number I dont knowsome flfteea or twenty that fell in with me. Question. Did you know the accused prior to the battle of Carthage? Do you know whether he was in that battle and in what capacity he acted~ Answer. I did not, sir. I was there but did not know whether he was in that battle or not. I was second lieutenant of the Saline Mounted Rifles, in Parsons command. Question. State whether you have ever seen the accused iu connec- tion with Prices army at any time, and where and in what capacity. Answer. I have. The first I saw of him in Prices army was at Lexington. I never saw him before. I could not state in what capacity he was only from a hand- bill I saw at Lexington. The handbill spoke of him as colonel. He was author- ized to arm and equip a regiment by General Price. Question. While the accused was a prisoner at Lexington do you know of any arrangement made for his exchange ~ If so what and by whom ~ Answer. I do not know of any such arrangement. Question. How far from Grand Pass to your camp at Milford ~ Answer. About forty miles as near as I can estimate. By the JUDGE-ADVOCATE: Question. Where and when did you first see the accused ou or about the 19th of December, 1861 ~ Answer. Just before the surrender; 2 oclock in the afternoon. I saw him about eighty yards in the rear of my lines coming from the direction of the creek. He was afoot to the best of my recollection. Question. How many recruits did you get on your way to Milford from Grand Pass and how many at Milford? Answer. I received two on my way from Grand Pass to Milford. I swore into the service three at Milford. Question. By men sworn in and takeii as prisoners do you or not exclude camp-followers, sympathizers aiid citizens generally found in your camp? Answer. I exclude them all when I say 684 prisoners sworn in were taken. Question. How many of your men were armed? Answer. I could not state the exact number but about 250. Question. l)o you know whether the accused had anything to do with the conference before the surrender or whether he was consulted in regard thereto? Answer. He was not consulted in regard to it at all. Question. Do you know the number of camp-followers, sympathizers and citizens who were captured with your conmniand or who were about camp the day of your surrender Page 347 EARLY EVENTS IN MISSOURI, ETC. 347 Answer. About fifteen or twenty which added to the 684 makes about 700 pris- oners. This is about the number to the best of my recollection. Speaking of my men I mean all that were enrolled; some may not have been sworn in. I exclude negroes. The force was on its way to join Price. The testimony of the witness was read to him by the judge-advocate and he then requested permission to add to his answer to question 5 by accused as follows: In giving the names of my force to the commanding officer at McDowells CQllege Prison in Saint Louis I reported Colonel Magoffiui as tray cling with my command. C. B. ALEXANDER, co1on~l, Missouri State Guard, a witness for the defense, was duly sworn. By the ACCUSED: Question. State your name, age, rank (if any) and present condition. Answer. Charles B. Alexander; colonel in Missouri State Guard; thirty-two; pris- oner of war. Question. Were you taken prisoner at Milford? What was your rank in command there? Who had chief command of the forces to which you belonged? Answer. Yes, sir; lieutenant-colonel; Colonel Robertson had the chief command at Milford. Question. Was the accused there If so did he constitnte any part of the forces to which you belong? Was he armed? Did he take any part on that occasion in consultation or action against the United States? Answer. He was there, but did not constitute any part of the force. He was not armed. I did not see him take any part or know of his taking any part. Question. State any knowledge you may have of the coiinection of the accused with the State guard. Answer. He has been with them. I saw him at Carthage, or near there; dont recollect whether it was after the fight or before it