War of the Rebellion: Serial 062 Page 0774 Chapter XLVI. LOUISIANA AND THE TRANS-MISSISSIPPI.

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men of Fourth Regiment Arkansas Infantry, now prisoners in your hands, is incontestable, and I am, per force, obliged to credit it. I have respectfully to state that I adhere to the position I have taken in their case. I shall even regret the necessity which compels an unfortunate to abide by the decision of my superiors on my conduct. These 4 men, in my opinion,are not deserters; if they are punished as such the 4 officers I have must bear the burden of war's ills.

Roder is here, well and hearty and in fair spirits fort a prisoner. The 4 men of Colonel Freeman's command captured by a detachment of troops on their way to Springfield were taken there. I applied to Major-General Schofield for them at once, requesting that they be sent-to Colonel Freeman; that they have not returned surprises me, and I shall at once white to Major-General Rosecrans requesting the matter to be looked into. Captain Rouch was exchanged for Captain Adams by Captain George Rutherford.

I owe several men to Colonel Freeman and Captain Rutherford, but cannot exchange pending the decision in the case of the men of Fourth Regiment Arkansas Mounted Infantry now in your hands. When it is deemed proper, upon a dispassionate view of their case, to treat them as prisoners of war, I will be placed to give up any officers or soldiers in my possession for such of my Government's forces as you may have in your hands. I would respectfully suggest, general, that Devall's Bluff would probably ba a better point for effecting exchanges with General Steele's forces than here. As far as the men of my command are concerned, i am willing to meet at Jacksonport. Ark., there to arrange exchanges in strict accordance with the cartel agreed on by our Governments. But this I am not as liberty to do until I hear from Major-General Steele, who will advise me on this subject by the first of next month.

You cannot regret more than I do, general, the necessity which compels me to adhere to the position I have assumed, but I feel satisfied that you will exonerate me from anything like improper motives. I have explained my vies of jayhawking and bushwhacking, offshoots of guerrillas, to Colonel Rogan. I have here now about 100 officers and men of the C. S. Army,and will send them to Little Rock by the first boat.

I am, general, very respectfully, your obedient servant,

R. R. LIVINGSTON,

Colonel First Regiment Nebraska Cavalry, comdg. District.

HDQRS. DISTRICT OF NORTHEASTERN ARKANSAS,

Batesville, Ark., March 29, 1864.

COMMANDING OFFICER GUN-BOAT Numbers 37:

SIR: I have this morning received from Captain S. L. Phelps notice that two transport and a gun-boats were at Jacksonport, Ark., with stores for this station. I have the honor to state that the river being unusually low, and in view of the impossibility of bringing boats here until it rises, connected with the fact the stern-wheel steamer Miller is fact aground 20 miles up the river west of this station, I respectfully suggest the propriety moving the transports up Black River about 5 miles from its mouth, to a point called Berk