War of the Rebellion: Serial 119 Page 0173 CORRESPONDENCE, ETC. - UNION AND CONFEDERATE.

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HEADQUARTERS DEPARTMENT OF THE MISSOURI,

Saint Louis, Mo., August 3, 1863.

Brigadier General J. S. MARMADUKE,

Commanding Confederate Forces:

GENERAL: In reply to your communication dated July 20, and received on the 1st instant from Captain John C. Moore, bearer of flag of truce, I have the honor to inform you that the case of exchange you refer to having been submitted to me on the 20th of July last, I ordered the agreement to be carried out, and that Major Blackwell, Captain Woodsmall, and Adjutant Edwards be sent to your lines without delay.

The agreement was disapproved by General Davidson because it was not in accordance with the terms of the cartel and in violation of existing orders of the United States Government. Being satisfied, however, that the agreement was made in good faith by both parties, and had been carried out by the Confederate authorities, I ordered it to be carried out on our part.

Necessary delay has arisen from the fact that two of the officers, Major Blackwell and Adjutant Edwards, had been sent to a distant depot, and the other, Captain Woodsmall, was sick. The last named is sent with your present flag, and the others will be sent upon their return to Saint Louis, which has been requested of the Commissary-General of Prisoners.

Permit me, general, to correct a very singular delusion which you seem to be laboring under concerning a certain agreement entered into between General Blunt and General Hindman. General Blunt was not in command of this department, and could not make and agreement with the enemy which should be binding beyond the limits of the small force there under his command. Indeed, it is absurd to suppose that either General Blunt or General Hindman intended to make any such general rule. To prevent any such misapprehension in future, I inclose herewith for your information copies of orders form the General-in-Chief of the United States Army, which, together with the cartel, will hereafter be the rule of action throughout this department.

I have the honor to be, your obedient servant,

J. M. SCHOFIELD,

Major-General.

HEADQUARTERS DEPARTMENT OF THE MISSOURI,

Saint Louis, Mo., August 3, 1863.

Brigadier General JOHN S. MARMADUKE,

Commanding Confederate Forces:

GENERAL: Your letter of July 20 relative to the case of Lieutenant C. D. Burbridge, C. S. Army, is received. In it you say Lieutenant-General Holmes will "mete out full retaliation" if execution follows conviction in his case. I am informed that Lieutenant Burbridge passed through Saint Louis disguised as a citizen and was arrested north of the Missouri River in the same disguise. His case has not yet been decided. Whatever facts may appear on trial of the case, the finding and sentence will doubtless be in accordance therewith, and whatever the sentence may be, if approved by the President, to whom it must be referred, it will undoubtedly be executed without reference to any threat of retaliation on the part of Lieutenant-General Holmes. General Holmes cannot be ignorant of the simple rules of war in such cases; indeed, I am fully informed of their application in several instances by him and his subordinates.