no other conditions than that all persons surrendering under this demand shall be humanely and kindly treated. Believing myself prepared to enforce this demand, one-half hour's time, before doing so, will be allowed for your compliance therewith.

Very respectfully, your obedient servant,

N. LYON,

Captain, Second Infantry, Commanding Troops.

General D. M. FROST, Commanding Camp Jackson.

Numbers 2. Protest of Brigadier General Daniel M. Frost, Missouri State Militia.

SAINT LOUIS ARSENAL, MISSOURI, May 11, 1861.

SIR: In accordance with the laws of the State of Missouri, which have been existing for some years, and in obedience to the orders of the governor, on Monday last I entered into an encampment with the militia force of Saint Louis County, for the purpose of instructing the same, in accordance with the laws of the United States and of this State.

Every officer and soldier in my command had taken, with uplifted hand, the following oath, to wit:

You, each, and every one of you, do solemnly swear that you will honestly and faithfully serve the State of Missouri against all her enemies, and that you will do your utmost to sustain the Constitution and laws of the United States and of this State against all violence, of whatsoever kind or description, and you do further swear that you will well and truly execute and obey the legal orders of all officers properly placed over you whilst on duty; so help you God.

Whilst in the peaceable performance of the duties devolved upon me and my command under these laws, my encampment was yesterday surrounded by an overwhelming force of armed men, acting under the command of Captain N. Lyon, Second Infantry, U. S. Army, and called upon by him through a written command (marked A) accompanying this.*

To which communication I replied in the following terms, to wit:

CAMP JACKSON, MO., May 10, 1861.

SIR: I never for a moment having conceived the idea that so illegal and unconstitutional a demand as I have just received from you would be made by an officer of the United States Army, I am wholly unprepared to defend my command rom this unwarranted attack, and shall therefore be forces to comply with your demand.

I am, sir, very respectfully, your obedient servant,

D. M. FROST,

Brigadier General, Commanding Camp Jackson, M. V. M.

Captain N. LYON, Commanding U. S. Troops.

My command was, in accordance with the above, deprived of their arms, and surrendered into the hands of Captain Lyon. After which, whilst thus disarmed and surrounded, a fire was opened upon a portion of it by his troops, and a number of my men put to death, together with several innocent lookers-on-men, women, and children.

My command was then marched as prisoners of war in triumph to this place. I am now informed, as I was at the time of the surrender, by the captain, that my command may be released upon the officers

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*See inclosure B to report Numbers 1, p. 6.

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