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[265] order, recognizing General Pope and his commissioned officers to be in the position which they have chosen for themselves, that of 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 in their 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 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 to the Government at Washington of our confining repressive measures to the punishment only of commissioend 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 punshment 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 order, to the end that he may be notified of our intention not to consider any officers hereafter captured from General Pope's army as prisoners of war.

Very respectfully, yours, etc.


When General Jackson arrived near Gordonsville on July 19, 1862, he was at his request reenforced by Major General A. P. Hill. Receiving information that only a part of General Pope's army was at Culpeper Court House, General Jackson, hoping to defeat it before reenforcements should arrive, moved in that direction the division of Ewell, Hill, and Jackson, on August 7th, from their encampments near Gordonsville. As the enemy's cavalry displayed unusual activity and the train of Jackson's division was seriously endangered, General Lawton with his brigade was ordered to guard it. On August 9th Jackson arrived within eight miles of Culpeper Court House and found the foe in his front near Cedar Run and a short distance west and north of Slaughter Mountain. When first seen, the cavalry in large force occupied a ridge to the right of the road. A battery opened upon it and soon forced it to retire. Our fire was responded to by some guns beyond the ridge from which the

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