War of the Rebellion: Serial 118 Page 0192 PRISONERS OF WAR AND STATE, ETC.

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that some regiment of your troops approached them on the field wearing our uniforms and bearing our flag.

This has been continually practiced by General Morgan's men. Such conduct is unworthy of a civilized people and I trust that you will promptly put a stop to is as I shall give orders that Confederate troops meeting [us] in battle or lurking about our lines wearing our uniform or bearing our colors shall not receive quarters nor shall they be treated as prisoners of war.

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

W. S. ROSECRANS,

Major-General, Commanding.

MURFREESBOROUGH, January 19, 1863.

Colonel HOFFMAN,

Commissary-General of Prisoners:

I see by the papers that all prisoners taken in Kentucky have been exchanged. Does this include General William H. Lytle, of Cincinnati?

W. S. ROSECRANS,

Major-General.

WASHINGTON, D. C., January 19, 1863.

Honorable EDWIN M. STANTON, Secretary of War.

SIR: I have the honor to attach hereto a slip taken from the Richmond Enquirer of the 15th instant, being a passage from what purports to be a message from Jefferson Davis as President of the Confederate States to the Senate and House of Representatives of those States, indicating the course proposed to be pursued in the South toward officers of the U. S. Army who may be taken prisoners within such portion of the Southern States as are designated in the proclamation of His Excellency the President of the United States, dated the 1st instant, on the subject of slaves within such designated portions of the Southern States.

In view of this threat to deliver captured officers into the hands of civil officers of Southern States governments to be dealt with as criminals under State laws I beg to call your attention to a proclamation issued by the same functionary, Jefferson Davis, about a month since, directed chiefly against Major-General Butler, in which in violation of an existing cartel for the exchange of prisoners Mr. Davis declares his purpose of holding a certain class of prisoners in duress, putting their lives in jeopardy contrary to the laws of war. In consequence of this proclamation you were constrained to give the necessary orders for holding in close custody certain officers of the rebel army taken in arms with the simple design of awaiting the further action of the rebel authorities in the premises. This precautionary measure on your part is believed to be all that can be done in the present case until it can be seen whether the rebel authorities in the South shall attempt to outrage the public sentiment of the civilized world by putting into practice the savage threat indicated in slip hereto annexed.

It would be proper, however, that the officers of the Union armies be informed of the existence of the threat in question which I respectfully request may be done through the General-in-Chief.

I have the honor to be, very respectfully, your obedient servant,

E. A. HITCHOCK,

Major-General of Vols., Commissioner for Exchange of Prisoners.