I hold that yours is the proper authority to make rules and pass orders for the government of said prison. Please inform me in regard to his powers, &c. As to his power to send prisoners here and release them when from his own military district there can be no doubt, but for him to say whom I shall let visit said prison or prisoners I have my doubts. We receive prisoners nearly every day without any charge or charges against them and sometimes without even a roll. Will you please instruct me on this subject?

J. HILDEBRAND,

Colonel, Commanding Post.

HEADQUARTERS DEPARTMENT OF THE MISSOURI,
Saint Louis, Mo., October 10, 1862.

Major General T. C. HINDMAN, Little Rock, Ark.

GENERAL: Your letter of the 23rd ultimo addressed to Major General W. T. Sherman at Memphis, informing him that you have incarcerated First Lieutenant Hobbs and Second Lieutenant John T. Consaul, both of the First Wisconsin Cavalry, in close confinement, the former to be hung if Lieutenant Tolleson be executed and the latter if the murderers of Samuel Berry be not delivered up, [has been forwarded to me.]

I know nothing of Lieutenant Tolleson, but no prisoner has been condemned to be shot or hung in my command in Arkansas. On inquiry I am told some controversy about negroes arose between Mr. Berry, of Council Bend, and the troops and that stragglers on shore shot at him. My informant thinks he is not dead. The facts will be inquired after. The matter occurred in my absence from the command. You have no right to presume, punish and at the same time ask for facts and redress. I protest against a close confinement and threat to hand my officers on a supposed case with you attempt to negotiate under a flag of truce. It seems to discard or distrust the terms sought by the flag. If you hang my officers under such circumstances I will retaliate like punishment on you personally when you are taken prisoner.

I have before had occasion to respond to such sentiments as you express regarding your "efforts to induce your (my) army to conform to the usages of civilized war. "

Since at Pea Ridge your armies inducted savage war by the use of the tomahawk and scalping knife your efforts and that of your army have constantly given examples of cruelty very likely to impair your secession-teaching rites of civilization.

I am, general, respectfully, yours,

S. R. CURTIS,

Major-General.

HEADQUARTERS DEPARTMENT OF THE MISSOURI,
Saint Louis, Mo., October 10, 1862.

Major General T. c. HINDMAN, Helena, Ark.

GENERAL: Yours of the 24th of September, concerning Private Peebles taken prisoners by Colonel Fitch and asking that he should be sent in exchange for prisoners for prisoners which you sent, is received. I sent prisoners which overbalanced all those you sent to me by Captain Noble who delivered them to General Holmes at Little Rock on the 4 ultimo. If Peebles was in Helena he must have gone with that lot. I will make further inquiry after him. Captain Noble took over equivalent to fifty-two prisoners. I owed you twenty-five and Captain

39 R R-SERIES II, VOL IV