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[90] calling his attention to the ‘large number of our officers captured long since and still held by them’; threatenened retaliation if the unjust and harsh course then pursued by the Federals towards our officers was persevered in, and concluded as follows:

‘Nothing is now left as to those whom our protests have failed to release, but to resort to retaliation. The Confederate Government is anxious to avoid a resort to that harsh measure. In its name I make a final appeal for that justice to our imprisoned officers and men which your own agreements have declared to be their due.’ Id., p. 607.

Again, on the next day, he wrote, naming several of Mosby's men who had been carried to the Old Capitol prison. He then said:

‘They are retained under the allegation that they are bushwhackers and guerillas. Mosby's command is in the Confederate service, in every sense of the term. He is regularly commissioned, and his force is as strictly Confederate as any in our army. Why is this done? This day I have cleaned every prison in my control as far as I know. If there is any detention anywhere, let me know and I will rectify it. I am compelled to complain of this thing in almost every communication. You will not deem me passionate when I assure you it will not be endured any longer. If these men are not delivered, a stern retaliation will be made immediately.’ Id., p. 632.

And again on the 22nd, of May, 1863, he wrote, saying:

‘You are well aware that for the last six months I have been presenting to you lists of Confederate officers and soldiers and Confederate citizens, who have been detained by your authorities in their prisons. Some of these, on my remonstrance, have been released and sent to us, but by far the greater number remain in captivity.’

He then tells Colonel Ludlow that he is satisfied that he (Ludlow) has tried to have these prisoners released, but without avail, and then tells him again that the Confederates were compelled to notify him that they must resort to retaliation; but telling him further that he will be notified of each case in which this course is pursued.

On the same day he wrote another letter calling Ludlow's attention to the report that Captains McGraw and Corbin had been tried and sentenced to be shot for recruiting for the Confederates in Kentucky, and saying that if these men were executed the Confederate

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