War of the Rebellion: Serial 114 Page 0158 PRISONERS OF WAR, ETC.

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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 men-this company-into 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 particularly at as early a moment as possible.

Your friend,

W. H. HERNDON.

OFFICE OF PROVOST-MARSHAL-GENERAL,

DEPARTMENT OF THE MISSOURI,

Saint Louis, January 7, 1862.

Captain 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 them to Otterville so long as the commission remain in session. After the adjournment of the commission you will again comply with the provisions of Order Numbers 1. Continue to send your reports to this office as in 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,

BERNARD G. FARRAR,

Provost-Marshal-General.

SAINT LOUIS, January 11, 1862.

Colonel F. STEELE, Commanding, Sedalia.

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 and 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 arms or in the enemy's 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 time to end it. All such men, should be sent here where they can be retained or exchanged. Such men as the Washingtons and Magoffins are not proper persons for release.

Very respectfully, your obedient servant,

H. W. HALLECK,

Major-General.

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* Not found.

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