As was stated in the previous post, there were legality questions regarding the agreement entered into by Fremont and Price and the War Department's GO no.29 compelling those who had not been paroled to rejoin their units along with those who had been duly exchanged, officers listed in the following dispatch:
Whereas, Maj. Gen. John C. Frémont, commanding the U.S. forces in Missouri, by letter dated Warsaw, October 21, 1861, authorized Quin Morton, esq., to confer with Maj. Gen. Sterling Price, commanding the Missouri State Guard, in reference to exchange of prisoners; and whereas, General Price has agreed with said Morton upon terms of such exchange as follows, to wit:This "exchange" of prisoners acted upon by Mjr General Fremont was not the first time his actions drew the War Department's ire. Previously, Fremont had also declared that all slaves within the department of the West were to be considered contraband and emancipated. This negotiation between a member of a defunct organization (Missouri Home Guard) and without official Confederate sanction to exchange members of the MHG who were in violation of marshal law for prisoners captured in line of duty rankled many. Price's interest in these MHG members was clear, to continue to build his own forces for the reclaiming of Missouri from Federal control. Fremont, no doubt, saw it as a means to recover his tarnished image of which this stunt only hastened his removal from command.
First. The exchange shall be effected grade for grade, or two officers of a lower grade as an equivalent in rank for one of a higher grade; the exchange to embrace prisoners on parole as also those held in custody.
Second. The parties released both officers and privates shall be furnished with a certificate of release and of safe conduct to the headquarters of their respective armies or of their division, the officers with their usual side-arms, camp equipage and property and the privates with their personal property.
Third. The prisoners taken by the U.S. forces at Camp Jackson in Saint Louis County on the 10th day of May, 1861, are embraced in this exchange with the express understanding that General Price reiterates the protest(*) of the officers and men then made against the legality of their capture and the exaction of parole when released.
Fourth. Brig. Gen. Samuel R. Curtis or the officer commanding at Benton Barracks in Saint Louis County is hereby authorized and required to issue the certificates above referred to to the officers and privates of the State forces herein named and also to such other officersand non-commissioned officers and privates taken prisoners at Camp Jackson to the number of 530 as may be named to him by Col. David H. Armstrong, Col. Samuel B. Churchill, Col. J. Richard Barrett and D. Robert Barclay, esq., or either of them, and the said Col. David H. Armstrong, Col. Samuel B. Churchill, Col. J. Richard Barrett and D. Robert Barclay, esq., or either of them are hereby authorized and required to issue such certificates to the U.S. officers and privates herein named and also to such other officers, non-commissioned officers and privates taken prisoners at Lexington, Mo., to the number of 530 as may be named to them or either of them by Quin Morton, esq., or such other person as may be named in his place or stead by the commanding officer at Benton Barracks aforesaid.
Fifth. The persons herein named for exchange not connected with the military shall be furnished as hereinbefore provided with certificates of safe conduct to their respective homes:
Now therefore in pursuance of the foregoing stipulations it is hereby agreed by and between Quin Morton, esq., acting for and in behalf of Maj. Gen. John C. Frémont and Maj. Gen. Sterling Price that exchanges be made as follows, to wit:
Brig. Gen. Daniel M. Frost, First Military District, Missouri Volunteer Militia, for Col. 'James A. Mulligan, of the Twenty-third Illinois Volunteers, acting at Lexington as brigadier-general.
Col. John S. Bowen, Second Regiment Missouri Volunteer Militia, for Col. Everett Peabody, Thirteenth Regiment Missouri Volunteers.
Maj. R. S. Voorhis, judge-advocate and assistant adjutant-general, First Brigade, Missouri Volunteer Militia, First Military District, for Maj. Charles E. Moore, Twenty-third Illinois Regiment.
Maj. Henry W. Williams, quartermaster, First Brigade, First Military District, Missouri Volunteer Militia, for Maj. Robert T. Van Horn, Kansas City Battalion.
Maj. N. Wall, commissary, First Brigade, First Military District, Missouri Volunteer Militia, and Capt. William C. Buchanan, adjutant, First Regiment, First Military District, Missouri Volunteer Militia, for Lieut. Col. James Quirk, Twenty-third Illinois Regiment.
Maj. John J. Anderson, paymaster, First Brigade, First Military District, Missouri Volunteer Militia, and Maj. James R. Shaler, Second Regiment, First Military District, Missouri Volunteer Militia, for Col. Robert White, Fourteenth Regiment Missouri Volunteers.
Maj. Clark Kennerly, Southwest Battalion Missouri Volunteer Militia, for Capt. M. Gleason, and Capt. Robert Adams, of Twenty-third Illinois Regiment.
Capt. Alex. J.P. Garesché, judge-advocate, First Regiment Missouri Volunteer Militia, for Capt. S. A. Simison, Company D, Twenty-third Illinois Regiment.
Capt. Martin Burke, Company A, First Regiment Missouri Volunteer Militia, for Capt. D. P. Moriarty, Company F, Twenty-third Illinois Regiment.
Capt. Philip Coyne, Company D, First Regiment Missouri Volunteer Militia, for Capt. Charles Coffey, Company H, Twenty-third Illinois Regiment.
Capt. William H. Frazier, Company F, First Regiment Missouri Volunteer Militia, for Capt. James J. Fitzgerald, Company I, Twenty-third Illinois Regiment.
Capt. George W. Wert, Company G, First Regiment Missouri Volunteer Militia, for Capt. Daniel Quirk, Company K, Twenty-third Illinois Regiment.
Capt. George W. Thatcher, Company H, First Regiment Missouri Volunteer Militia, for Capt. F. C. Nichols, Company A, Thirteenth Missouri Regiment.
Capt. B. Newton Hart, Company I, First Regiment Missouri Volunteer Militia, for Capt. Joseph Schmitz, Company B, Thirteenth Missouri Regiment.
Capt. Charles Longueman, Company K, Missouri Volunteer Militia, for Capt. J. W. Robinson, Company C, Thirteenth Missouri Regiment.
Capt. Arthur J. Magenis, quartermaster, Second Regiment Missouri Volunteer Militia, for Capt. E. C. Thomas, Company D, Thirteenth Missouri Regiment.
Capt. William B. Hazeltine, Engineer Corps, Missouri Volunteer Militia, for Capt. S.S. Eveans, Company E, Thirteenth Missouri Regiment.
Capt. Hugh A. Garland, Company F, Missouri Volunteer Militia, Second Regiment, for Capt. George B. Hoge, Company F, Thirteenth Missouri Regiment.
Capt. J. T. Shackleford, Company H, Second Regiment Missouri Volunteer Militia, for Capt. H. Dill, Company H, Thirteenth Missouri Regiment.
Capt. James George, Company --, Second Regiment Missouri Volunteer Militia., for Capt. G. H. Rumbaugh, Company C, of cavalry attached to Thirteenth Missouri Regiment.
Capt. Overton W. Barret, Company B, Missouri Volunteer Militia, Second Regiment, for Capt. Richard Ridgell, Company [D], Fourteenth Missouri Regiment.
Capt. Radford, of Radford's battery, for Capt. G. M. Mitchell, First Illinois Cavalry.
First Lieut. E. F. Byrne, Company D, First Regiment Missouri Volunteer Militia, for First Lieut. James F. Cosgrove, adjutant, Twenty-third Illinois.
First Lieut. Stephen McBride, Company F, First Regiment Missouri Volunteer Militia, for First Lieut. L. Collins, Company F, Twenty-third Illinois.
First Lieut. John M. Hennessey, Company H, First Regiment Missouri Volunteer Militia, for First Lieut. T. Hickey, Company H, Twenty-third Illinois Regiment.
First Lieut. Thomas Keith, Company I, First Regiment Missouri Volunteer Militia, for First Lieut. James H. Lane, Company K, Twenty-third Illinois Regiment.
First Lieut. Louis T. Kretschmar, Company K, First Regiment Missouri Volunteer Militia, for First Lieut. John H. Millar, Company D, Kansas City Battalion.
First Lieut. William H. Finny, Engineer Corps. Second Regiment Missouri Volunteer Militia, for First Lieut. C. A. Wade, Company C, Thirteenth Missouri Regiment.
First Lieut. R. B. Clark, Company H, Second Regiment Missouri Volunteer Militia, for First Lieut. W. H. P. Norris, Company D, Thirteenth Missouri Regiment.
First Lieut. J. M. Douglas, Company C, Second Regiment Missouri Volunteer Militia, and First Lieut. John Vaughan, of Colonel Elliott's Missouri State Guard, for Capt. F. L. Parker, Company K, of Colonel Eads' regiment.
First Lieut. R. H. Harrington, Company E, Second Regiment Missouri Volunteer Militia, for First Lieut. W. Perkins, Company E, Thirteenth Missouri Regiment.
First Lieut. P. R. Hutchinson, Company G, Second Regiment Missouri Volunteer Militia, for First Lieut. S. M. Penfield, Company H, Thirteenth Missouri Regiment.
First Lieut. J. S. Burdett, Company H, Second Regiment Missouri Volunteer Militia, for First Lieut. O. P. Newberry, Company I, Thirteenth Missouri Regiment.
First Lieut. David Walker, Company I, Second Regiment Missouri Volunteer Militia, for First Lieut. Fred. Klingler, Company C, Kansas City Battalion.
First Lieutenant Miller, Radford's battery, for First Lieut. William S. Marshall, First Illinois Cavalry.
First Lieut. Henry Guibor, Missouri Light Battery, for First Lieut. I. Skillman, First Illinois Cavalry.
Second Lieut. Henry B. Belt, Company A, First Regiment Missouri Volunteer Militia, for Second Lieut. Edward S. Murray, Company B, Twenty-third Illinois Regiment.
Second Lieut. John Henderson, Company F, First Regiment Missouri Volunteer Militia, for Second Lieut. E. P. Trego, Company--, Fourteenth Missouri Volunteers.
Second Lieut. William M. Mooney, Company H, First Regiment Missouri Volunteer Militia, for Second Lieut. Thomas Hogen, Company [D], Fourteenth Missouri.
Second Lieut. Robert Finney, Company I, First Regiment Missouri Volunteer Militia, for Second Lieut. P. J. McDermott, Company A, Twenty-third Illinois.
Second Lieut. A. W. Hopton, Company K, First Regiment Missouri Volunteer Militia, for Second Lieut. P. O'Kane, Company F, Twenty-third Illinois.
Second Lieut. Charles Perrine, Engineer Corps, Second Regiment Missouri Volunteer Militia, for Second Lieutenant Wallace, Company G, Twenty-third Illinois.
Second Lieut. A. C. Howard, Company C, Second Regiment Missouri Volunteer Militia, for Second Lieut. J. B. Hawley, Company F, Thirteenth Missouri.
Second Lieut. Henry Jenkins, Company D, Second Regiment Missouri Volunteer Militia, for Second Lieut. Owen Cunningham, Company K, Twenty-third Illinois.
Second Lieut. Alton Long, jr., Company E, Second Regiment Missouri Volunteer Militia., for Second Lieut. James E. Hudson, Company D, Twenty-third Illinois.
Second Lieut. Joseph Dean, Company H, Second Regiment Missouri Volunteer Militia, for Second Lieut. D. C. S. Kelley, Company G, Twenty-third Illinois.
Second Lieut. -- Morton, Radford's battery, Missouri Volunteer Militia, for Second Lieut. C. W. Graff, Company--, Thirteenth Missouri.
Second Lieut. W. P. Barlow, Missouri Light Battery, for Second Lieut. H. Fette, Fourteenth Missouri.
Second Lieut. Ed. Blennerhassett, Company B, Second Regiment Missouri Volunteer Militia, for Second Lieut. P. Higgins, Company C, Twenty-third Illinois.
Third Lieut. James Shields, Company D, First Regiment Missouri Volunteer Militia, for Lieut. Edwin Moore, Company C, Sixteenth Missouri.
Third Lieut. John Bullock, Company H, First Regiment Missouri Volunteer Militia, for Lieut. George F. Tannant, Company [A], First Illinois Cavalry.
Third Lieut. J. J. Ledue, First Regiment Missouri Volunteer Militia, for Lieut. William A. Murray, First Illinois Cavalry.
Third Lieut. John M. Gilkerson, Engineer Corps, Second Regiment Missouri Volunteer Militia, for Lieut. Albert Rayburn, First Illinois Cavalry.
Third Lieut. J.V. Smith, Company C, Second Regiment Missouri Volunteer Militia, for Lieut. Morgan Blair, First Illinois Cavalry.
Third Lieut. R. M. Duffy, Company D, Second Regiment Missouri Volunteer Militia, for Lieut. James B. Dent, First Illinois Cavalry.
Third Lieut. W. C. Potter, Company F, Second Regiment Missouri Volunteer Militia, for Lieut. John C. Parks, First Illinois Cavalry.
Third Lieut. Andrew J. Hum, Company G, Second Regiment Missouri Volunteer Militia, for Lieut. S. L. M. Proctor, First Illinois Cavairy.
Third Lieut. D. F. Samuel, Company H, Second Regiment Missouri Volunteer Militia, for Lieut. Casper Yost, First Illinois Cavalry.
Third Lieut. Charles E. Southard, Company I, Second Regiment Missouri Volunteer Militia, for Lieut. P. S. Whitaker, attached to Twenty-third Illinois.
Third Lieutenant Ryan, Radford's battery, Missouri Volunteer Militia, for Lieut. Neal Bohanan, Fourteenth Missouri.
Third Lieut. ---- McGill, of S. W. Battalion, for Lieut. Charles Rippin, Company E, Fourteenth Missouri.
Private Henry N. Rosser, for Stuart S. Allen, Company K, Twenty-third Illinois.
Private Michael McCarty, for John Gilman, Company C, Twentythird Illinois.
Orderly Sergt. W. A. Davison, Radford's battery, for P. McGinnis, Company I, Twenty-third Illinois.
Sergeant Murphy, of Radford's battery, for S. H. Tourtellotte, Company D, Twenty-third Illinois.
Sergeant Fox, of Radford's battery, for Louis Yates, Company E, Twenty-third Illinois.
Sergeant Ryan, of Radford's battery, for James Quinn, Company A, Twenty-third Illinois.
Capt. Samuel Whiting, of Missouri State Guard, and Capt. William F. Bond, of Missouri State Guard, Adair County, for Lieut. Col. H. M. Day, First Illinois Cavalry.
Capt. H. A. Parmalee, taken at Camp Jackson, for Capt. Henry Erode, Company E, Fourteenth Missouri.
Capt. J. Thomas Whitfield, arrested in Jackson County, for Capt. John McNulta, First Illinois Cavalry.
Captain Caldwell, arrested in Lewis County, for Capt. W. Applegate, Grover's command.
The names of the privates to be exchanged are to be furnished without delay at Saint Louis; those taken at Camp Jackson to Brigadier-General Curtis or the commanding officer at Benton Barracks, and those taken at Lexington to Col. D. H. Armstrong or some other of his associates named in this agreement and the certificates hereinbefore referred to are to be issued according to the lists so furnished without delay.
Should the names of any of the officers or non-commissioned officers taken at Camp Jackson be omitted in the foregoing list and Col. D. H. Armstrong or either of his associates desire their exchange Brigadier-General Curtis or the officer commanding at Benton Barracks will onapplication make such exchange for any officer or non-commissioned officer captured by the State forces according to rank as hereinbefore stipulated.
This done and agreed to at Neosho, Mo., this 26th day of October, 1861.
QUIN MORTON,
Acting in behalf of and by authority of
Maj. Gen. J. C. Frémont, Commanding U. S. Forces.
STERLING PRICE,
Major-General, Commanding Missouri State Guard.
From the following two dispatches, we learn a little more about the predicament of the men of the old 13th Missouri:
Major-General HALLECK:In a later communication (reference beginning of previous post), Col. Harding spells out the circumstances his men dealt with prior to Shiloh and after:
It has been reported at this office that certain men in the Thirteenth Missouri Volunteers who were taken prisoners at Lexington and released on parole have been forced into the Twenty-fifth Missouri Volunteers. Some of these men were taken prisoners at Shiloh and bayoneted on the spot; others are said to be liable to similar treatment. Please investigate this matter. Have the paroled men relieved from duty and furloughed until discharged. Call upon their officers for reports.
By order of the Secretary of War:
L. THOMAS,
Adjutant-General.
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HDQRS. TWENTY-FIFTH REGIMENT MISSOURI VOLUNTEERS,
In Camp near Corinth, July 18, 1862.
ASSISTANT ADJUTANT-GENERAL,
Headquarters Department of the Mississippi, Corinth.
SIR: I have the honor to transmit a list(*) herewith of the non-com-missioned officers and privates of the Twenty-fifth Regiment Missouri Volunteers who were taken prisoners at Lexington with remarks set against their names to show how they stand in regard to exchanges. I have recommended the discharge of some inasmuch as I find they did not intend to re-enter the service after being disbanded by order of General Frémont but felt themselves compelled to do so under the orders of the War Department and of Colonel Peabody. These orders it is understood are considered illegal by the department headquarters and the men are supposed to be entitled to their discharges. It will promote the efficiency of the regiment if the subjects of exchange and discharges can be soon passed upon.
I am, sir, very respectfully, your obedient servant,
CHESTER HARDING, JR.,
Colonel, Commanding Twenty-fifth Missouri Volunteers.
...Many of the men came back for no other reason than that they supposed these orders could and would be enforced against them. In a few instances men were taken from home by actual force and compelled to serve. Of both these classes there were those who had been and those who had not been exchanged. The ranks of the regiment were filled by recruiting and every company had more or less new recruits who then enlisted for the first time as well as more or less of the old regiment. At the battle of Shiloh (as was reported among and believed by the men)some of our wounded were recognized by the enemy as having been paroled and were bayoneted on the spot. This report the officers believe to be untrue but it has created uneasiness in the ranks. Some of the later addressed a memorial to General Halleck upon the subject and also brought the matter before the War Department. I transmit herewith an official copy of a letter of instructions from the Adjutant-General to General Halleck to which I respectfully refer.(*) I also inclose lists(+) as follows: first, names of paroled prisoners unexchanged who claim discharges; second, names of noncommissioned officers and privates who were mustered out, released from parole and afterward unwillingly rejoined in consequence of force or of the orders above referred to and who now claim discharges; third, names of paroled prisoners unexchanged who desire to be exchanged and to continue in service; fourth, names of others who have their exchanges and rejoined voluntarily. These desire a recognition of the validity of the certificates given to the Lexington prisoners--one(++) is inclosed; all the rest are similar to it. I respectfully ask early action in the premises. Discussion of these topics among the men cannot but lower the morale of the regiment, and although no instances of insubordination have as yet occurred I feel that the present condition of things cannot long continue.One often reads of green troops in battle and their inexperience in combat to explain the reasons for their breaking under pressure as the 25th Missouri did. Yet, despite the unit's rocky history they stood up to enormous pressure in the early morning hours of April 6th when obviously outnumbered and finally broke after the whole of Prentiss' line was flanked at their camps. Though the reports of men being bayoneted was false as stated by Col. Harding, it is clear that many of its men were under compulsion.
I am, sir, very respectfully, your obedient servant,
CHESTER HARDING, JR.,
Colonel Twenty-fifth Missouri Volunteers.
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