has seized upon innocent and peaceful inhabitants to be held as hostages to the end that they may be murdered in cold blood if any of his soldiers are killed by some unknown persons whom he designates as "bushwhackers. "

Under this state of facts this Government has issued the inclosed general orders* recognizing General Pope and his commissioned officers to be in the position which they have chose for themselves-that or robbers and murderers and not that of public enemies entitled if captured to be considered as prisoners of war.

We find ourselves driven by our enemies by steady progress toward a practice which we abhor and which we are vainly struggling to avoid. Some of the military authorities of the United States seem to suppose that better success will attend a savage war in which no quarter is to be given and no [age or] sex to be spared than has hitherto been secured by such hostilities as are alone recognized to be lawful by civilized men in modern times.

For the present we renounce our right of retaliation on the innocent and shall continue to treat the private enlisted soldiers of General Pope's army as prisoners of war, but if after notice [has been given] to the Government at Washington of our confining repressive measures to the punishment only of commissioned officers who are willing participants in these crimes these savage practices are continued we shall reluctantly be forced to the last resort of accepting the war on the terms chosen by our foes until the outraged voice of a common humanity forces a respect for the recognized rules of war.

While these facts would justify our refusal to execute the generous cartel by which we have consented to liberate an excess of thousands of prisoners held by us beyond the number held by the enemy a sacred regard to plighted faith, shrinking from the mere semblance of breaking a promise prevents our resort to this extremity. Nor do we desire to extend to any other forces of the enemy the punishment merited alone by General Pope and such commissioned officers as choose to participate in the execution of his infamous orders.

You are therefore instructed to communicate to the Commander-in-Chief of the Armies of the United States the contents of this letter and a copy of the inclosed* general orders, to the end that he may be notified of our intention not to consider army officers hereafter captured from General Pope's army as prisoners of war.

Very respectfully, yours, &c.,

JEFFERSON DAVIS.

HEADQUARTERS TRANS-MISSISSIPPI DISTRICT,
South of Red River, San Antonio, July 31, 1862

Brigadier General H. H. SIBLEY, C. S. Army,

Commanding Army of New Mexico.

GENERAL: There are in this military district some 284 Federal prisoners subject to exchange or being placed under parole. Should it meet with your approbation, immediate measures can be taken to exchange a number of them against such of your command as may be prisoners in New Mexico or elsewhere under parole.

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

P. O. HEBERT

Brigadier-General, Provisional Army, C. S.

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*Reference is to General Orders, Numbers 54, August 1, p. 836.

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