War of the Rebellion: Serial 062 Page 0233 Chapter XLVI. CORRESPONDENCE, ETC. - UNION.

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names, as they represent, are as follows: James Guion, corporal of Company L, Eleventh Missouri Cavalry; W. J. Ferguson, private of Company D, Eleventh Missouri Cavalry; Lewis Clarke, private of Company D, Eleventh Missouri Cavalry, and William Adair, private of Company L, Eleventh Missouri Cavalry. I have paroled these men until they are exchanged for, and wish to have in return for them, Jesse Ritchie, of Company K (Captain Wolf's), ---- Fry, of Company C, Peter Young, of Company A, and Washington Mitchell, a detailed teamster, all privates. The above-named, I believe, are all now prisoners at Batesville, and I desire to have the exchange made at once, so that Captain Wolf may bring them back on his return.

The 4 prisoners belonging to my command, whom you agreed to have exchanged for the 4 sent by me with Captain Grace, have not as yet reached my camp. I hope you will have them sent to me as early as possible. You informed me in your last communication that you were ordered to put to death all Confederate soldiers found wearing the uniform of the U. S. Army. This cannot be a general order, or it is not always executed, for there are hundreds of our Confederate prisoners who have been taken in that uniform and afterward exchanged. Besides, the laws of war have always allowed one army to deceive another either by wearing the enemy's uniform or hoisting its flag. Furthermore, your own soldiers, when on the march through country, frequently send their advance dressed in citizen's clothing, for the purpose of deceiving us or the citizens, and if you should put to death all Confederate soldiers dressed in Federal uniform you could not blame me for putting to death all Federal soldiers taken without their entire uniform.

Again, should any of my men be killed for wearing the above-named uniform, it would engender a spirit of retaliation among my soldiers, and the result would be that the war in this section of the country would be carried on more like barbarians than civilized people. You, I am sure, know that no one could prevent soldiers (or even blame them for it) from killing prisoners when their own comrades had been put to death after being taken for the simple reason of wearing the enemy's uniform. Such a state of things as would result from the execution of said order I do not wish to see. Whenever prisoners have fallen into my hands I have endeavored to treat them as well, or even better, than my own soldiers. Your men were stripped of their clothing before they reached me, and you cannot censure our soldiers for taking from yours whatever they wish, when your own scouts strip ours of all they want, including money and other private property.

Many of my command wear various articles of your uniform which they have purchased from deserters from the Federal Army, or others coming from Missouri, and it is not done for purpose of deception, although I contend that would be lawful.

I would be glad if you would inform me, in writing, through Captain Wolf, whether you intend to execute the above-named order upon regular Confederate soldiers, so that I may notify the department at headquarters and receive instructions as to the course I am to pursue. There are hundreds of men, many of them belonging to no organized body of troops, who, roving through the country, claim to belong to my command for the sake of protection when captured. These men are doing the country and citizens great injury, and if they claim they shall not receive my protection.

When such fall into your hands and claim to be my soldiers, I