[Indorsement.]

HEADQUARTERS ARMY OF THE OHIO, July 4, 1862.

The reply of General Cox to General Wise seems to have broken off the arrangement for the exchange of Colonel Norton, leaving him still a prisoner of war. I have therefore relieved him from duty and now refer the case to such authority as may be proper to dispose of it. He is an officer of merit and is anxious for an exchange, which I hope will be sanctioned.

Respectfully,
D. C. BUELL,

Major-General, Commanding.

[Inclosure.]

HEADQUARTERS DISTRICT OF THE KANAWHA,
Flat Top Mountain, June 25, 1862.

Colonel J. S. NORTON, Twenty-first Ohio.

MY DEAR SIR: I yesterday received a letter* from Colonel George S. Patton, Twenty-second Virginia Regiment of the rebel army, which to my great surprise claims that your exchange never was perfected. He asserts that in March last he was exchanged for Colonel Lee, Colonel Cogswell or Colonel Wood, of our Army, which of three he is not certain. The other particulars of his claim in this matter you will find stated in a letter from myself to General Thomas, of which I inclose a copy. I have written to the Adjutant-General in order to have the matter promptly corrected if Colonel Patton is right in his statement, as otherwise it might cause you trouble should the chances of war ever put you in the rebels' power; and besides this I know your own sense of honor would make you very desirous to leave no possible question on the subject.

Assuring you that I remember our brief acquaintance with great pleasure, and hoping for a renewal of it at some future day,

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

J. D. COX,

Brigadier-General, Commanding.

[Sub-inclosure.]

HDQRS. DISTRICT OF THE KANAWHA, VIRGINIA,
Flat Top Mountain, June 25, 1862.

Brigadier General L. THOMAS, Adjutant-General U. S. Army.

GENERAL: A letter received yesterday called my attention to a matter which I have the honor to lay before you as it seems to call for some action to prevent the possibility of injury to a very meritorious officer in our service. On the 17th of July last, in the action at Scary Creek, on Kanawha River, Colonel Jesse S. Norton, of the Twenty-first Ohio Volunteers, and Colonel George S. Patton, of the rebel army (Twenty-second Virginia Regiment), were both seriously wounded and both made prisoners by reason of their injuries being so severe as to prevent their removal. Colonel Norton was first taken, but the Confederate Army being obliged to abandon the position next day both he had Colonel Patton were left in the neighborhood, where they were found by our troops. At the time I understood that Colonel Norton was paroled with the understanding that the same would be done with Colonel Patton, the arrangement being made between Colonel Norton and General

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*For Patton's correspondence, see Vol. III, this Series, p. 414.

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