but I agree with Captain Lazelle that these negroes should be returned. A flag of truce must not do anything even tainted with wrong, as it will interfere with similar future exchanges of the courtesies of war.

This contains my opinion. I construe my acts not according to my own individual opinions but by the laws of Congress and the orders of my superiors. You know that the law is that negroes escaping from their masters into our military lines cannot be delivered back by us, but these boats carrying our flag of truce were not actually or even theoretically in our military lines. Such negroes should be delivered back. I do not believe Colonel Oakley was privy to the escape of such negroes, and a difficulty may and doubtless will arise in restoring them with which I have nothing to do. You do not give the names of the negroes, their description or even the boat on which they escaped. Without this information I doubt if the commanding officer at Cairo would be able even to trace the negroes, and by the time he gets the information they will surely be far away, but I think it well to establish the point to make officers more careful who are intrusted with the delicate powers of a flag of truce.

I am, with great respect, yours,

W. T. SHERMAN,

Major-General, Commanding.

HEADQUARTERS NORTHEAST MISSOURI DISTRICT,
Macon City, Mo., October 2, 1862.

Major HOWELL.

SIR: In reply to your inquiries in regard to the treatment of guerrillas I have to say as follows: The Government can still afford to be merciful to these men, and while they have been thoroughly convinced that we do not fear them and do not intend to trifle with them yet if they will come and in good faith deliver themselves up as prisoners their lives will be spared. This includes all those who have violated their oath as well as others. The disturbed condition of the country and the existence of these wandering bands to and will prevent any more favorable terms to these men, and no more favorable terms will be offered them until they put themselves in the right attitude by laying down their arms and delivering themselves up. They have seen that it is impossible for them to cross the river; their leaders have been captured, killed or deserted them, seeking their own safety while their dupes are left to take care of themselves, and that these men have constantly lied to them. Have they not had enough of the deceit and selfishness of these cowardly men who have misled them? Let them come in and their lives will be spared, or let them stay where they are and they will be shot wherever found. We have never yet broken faith with them; their leaders have never told them the truth; let them believe who they choose and their blood be on their own head.

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

LEWSI MERRILL,

Brigadier-General, Commanding.

HEADQUARTERS U. S. FORCES,
Sarcoxie, Mo., October 2, 1862.

COMMANDING OFFICER CONFEDERATE FORCES,

Newtonia, Mo.

SIR: I send Doctor Redfield, surgeon Sixth Kansas, to you with one ambulance to ask you to send our wounded soldiers to us or permit us