War of the Rebellion: Serial 118 Page 0146 PRISONERS OF WAR AND STATE, ETC.

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HEADQUARTERS EIGHTEENTH ARMY CORPS,

New Berne, N. C., January 1, 1863.

General EVANS, Commanding C. S. Forces, kinston, N. C.

GENERAL: I send by this flag of truce eleven prisoners of war paroled and released according to the terms of the cartel. The remaining twenty- nine prisoners, announced verbally by the last flag of truce, preferred to take the oath of allegiance and remain in this town. Inclosed please find list* of the eleven referred to. I would also again request that an officer and private who accompany this flag be permitted to go to White Hall for the purpose of disinterring he bodies of two relatives killed in the engagement at that place, and two more bodies at Kinston.

I have the honor to remain, general, very respectfully, your obedient servant,

J. G. FOSTER,

Major-General, Commanding.

HEADQUARTERS DEPARTMENT OF THE MISSOURI,

Saint Louis, January 1, 1863.

Colonel J. C. KELTON,

Assistant Adjutant-General, Washington, D. C.

COLONEL: I have the honor to send herwith copy of my reply to Major- General Holmes' letter of the 7th ultimo in which by direction of his commander- in- chief he asks full information in regard to the execution often men by order of Brigadier-General McNeil, Missouri State Militia, some time since in northeast Missouri.

The question is one of some delicacy and I hope my solution of it will meet the approval of the General- in- Chief.

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

S. R. CURTIS,

Major-General.

[Inclosure.]

HEADQUARTERS DEPARTMENT OF THE MISSOURI,

Saint Louis, December 27, 1862.

Major General T. H. HOLMES,

Commanding Trans- Mississippi Department.

GENERAL: Yours of the 7th instant containing a slip from the Memphis Daily Appeal of the 3rd of November concerning what you denominate an account "of the murder of ten Confederate citizens of Missouri by order of General McNeil of the U. S. Army," and asking full information in regard to the circumstances related is duly received. The matters of correspondence between us must be confined to the operations of belligerents and the exchange of prisoners. The idea of "Confederate citizens of Missouri" in Missouri is inconsistent with a state of war between opposing sections and utterly repugnant to the attitude heretofore allowed you as a belligerent, which I have cordially approved for the sake of preserving the immunities recognized by civilized warfare. You have no military power in Missouri and have had none in North Missouri for a year past, much less a civil organization which would induce any man to call himself a "Confederate citizen. "

There is but one class of "citizens of Missouri; " they are Federal citizens, not Confederate. They universally acknowledge allegiance to Federal and State authority.

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*Omitted.

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