War of the Rebellion: Serial 019 Page 0714 MO., ARK., KANS., IND. T., AND DEPT. N. W. Chapter XXV.

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HDQRS. N. W. DIVISION MISSOURI, Saint Joseph, September 1, 1862.


CAPTAIN: From James H. Moss I have received a full statement with reference to the prisoners you wrote to me about on the 28th ultimo. From his statement I am induced to countermand the order heretofore made to you with reference to the prisoners.

You will hold them subject to the decision of the provost-marshal of Clay County. If that officer should determine that they should be held in imprisonment permanently they will be sent to Saint Louis.

Yours, truly,


Brigadier-General, Enrolled Militia.

I also sent to General Schofield Captain Harsell's letter, Jennison's letter, and copies of my letters to Captain Harsell.

The general replied, approving my course, and directing me to treat marauders and thieves from Kansas as I treated similar characters from other quarters.

At the same time the men above mentioned were arrested a youth by the name of Tholes was also arrested. He has been discharged by my order, on application of Governor Robinson, of Kansas.

The Governor disapproves in the strongest terms the conduct of the men arrested in Clay County, as detailed in this communication.

The provost-marshal of Leavenworth also denounces them, as I understand. These men are still in custody. I am not informed whether they have been tried by the provost-marshal or whether they are held for trial by the civil authorities.

I infer that the intended raid of which the provost-marshal at Leavenworth notified me is in execution of Jennison's threats, contained in his said letter, to punish the people of Clay County for the arrest of his men. Jennison's letter is, I presume, among Genera Schofield's papers, and I refer you to it, as I have kept no copy.

I trust you will excuse me for this long narrative, as I consider the matters contained in it are of great importance.

There can be no excuse for Jennison's invasion of this State based upon said arrests. Kansas and Missouri both being in the same department, General Curtis' orders should be the rule of action in Kansas as well as in Missouri.

If the general orders these men in Colonel Moss' custody to be released his order will be cheerfully obeyed. If, on the other hand, he shall entertain the views held by General Schofield, Jennison and Kansas men should acquiesce.

I beg the attention of the commanding general to this matter and shall be pleased to hear from him in respect to it.

I desire no difficulty with any Kansas citizens, least of all with those claiming to act under the authority of the United States; but if they invade my district, and commit murder, arson, and robbery, I will have to arrest them, if I can, and submit their cases to the decision of the commanding officer of the department, unless otherwise ordered from headquarters.

Very respectfully, your obedient servant,


Brigadier-General, Enrolled Militia.

WASHINGTON, D. C., October 6, 1862.

Major-General POPE, Saint Paul, Minn.:

Arms and artillery have been ordered to Dakota. I am informed that