I do not agree with you that the enrolled militia of the State are subject to capture and exchange unless embodied and in active service, which the men whom you send me were not.
Order No. 21, enrolling the militia of the State, provides that those who enroll themselves as Southern sympathizers shall not be molested if engaged at home in the peaceful pursuit of their domestic duties. I think the same should be held by you of our militiamen.
Colonel Pheelan before leaving my camp released, I learn by his order, some of the men whose names appear on your list.
Reciprocating the hope that the war on this side of the Mississippi may be carried on hereafter more in accordance with the rules of civilized warfare,
I remain, sir your most obedient servant,
J. W. DAVIDSON,
P. S. - Your communication will be referred to my department commander for further decision.
INSTRUCTIONS.] HEADQUARTERS DEPARTMENT OF VIRGINIA,
Fort Monroe, Va., December 9, 1862.
Captain JOHN E. MULFORD, Charge of Flag-of Truce Boat:
No communication or intercourse whatever with the enemy will be allowed to any persons on flag-of-truce boats other than such as is necessary to accomplish the objects of the flag. The officer in command of the flag to truce will see that these instructions are rigidly enforced.
By command of Major-General Dix:
D. T. VAN BUREN,
OFFICE COMMISSARY-GENERAL OF PRISONERS, Washington, D. C., December 9, 1862.
Hon. E. M. STANTON, Secretary of War, Washington.
SIR: I desire very respectfully to lay the following case reported to me by Lieutenant Colonel F. A. Dick, provost-marshal-general at Saint Louis, before the Secretary of War for his decision:
J. J. Clarkson, of Dade County, Mo., is held a prisoner in jail of said county upon an indictment found against him in the U. S. court under the late act of Congress for serving in the rebel army. He served at the battle of Lexington under a State commission, and subsequently served in the Confederate Army as a colonel, where he was constantly recognized as such by Generals Van Dorn and Hindman under whom he served, though he was never formally commissioned. In March, 1862, he raised six companies of cavalry for the war, and a majority of the regiment he commanded when captured were from Arkansas. He was held as a prisoner of war from July till October, when under the indictment he was delivered to the U. S. marshal and put in jail. The provost-marshal-general asks:
First. Do the facts presented entitle Clarkson to be considered as a colonel of the Confederate Army and to be exchanged as provided for in the cartel?
Second. If recognized as a colonel of the C. S. Army how is he to be taken out of the hands of the U. S. marshal that he may be exchanged?