and men giving their parole "not to take up arms or to serve in a military capacity against the United States during the present civil war."

Against the whole proceeding of Captain Lyon, as well as against the terms of release, I most earnestly protest, for the following reasons:

That, line addition to the obligation of loyalty which rests upon every citizen, every man of my command now held as a prisoner has voluntarily taken an oath to sustain the Constitution and laws of the United States.

That, when my camp was attacked in this unwarrantable manner, and during the previous days of it existence, the only flags that floated there were those of the United States, with all the stars, and its fellow, bearing alone the coat of arms of the State of Missouri.

That, in addition to all this, on the morning before this attack was made, I addressed to Captain Lyon a communication, informing him of the proffer of services I had previously made of myself and of all my command, and, if necessary, the whole power of the State of Missouri, to protect changed those views or opinions, either of my own volition or through any orders emanating from my constitutional commander.*

Under all these circumstances I appeal to you, as the chief representative of the United States in this department, for justice on behalf of those loyal citizens who are now held as prisoners of war, captured under and marching to their place of confinement with the flag of the Union flying over their heads. I ask that you will not put upon the command the additional indignity of requiring us to give our parole, when we have already given our oath in support of the Constitution, but that you will order our restoration to the liberties of which we have been illegally deprived, as well as of the property of the State and individuals, as the large portion of the equipments have been purchased with the private funds of the individuals of my command, both officers and men.

I trust that such as have been so purchased will at least be restored to the proper owners.

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

D. M. FROST,

Brigadier-General, Missouri Volunteer Militia.

General WILLIAM S. HARNEY, U. S. A.,

Commanding the Department of the West.

Numbers 3. General Harney's letter transmitting General Frost's protest.

HDQRS. DEPARTMENT OF THE WEST,
Saint Louis, Mo., May 18, 1861.

SIR: I have the honor to transmit herewith a communication [Numbers 2.] addressed to me under date of the 10th instant, by Brigadier General D. M. Frost, Missouri Volunteer Militia, in relation to the capture of his command at Camp Jackson, near this city, May 10-, 1861, by the U. S. troops, under the command of Captain N. Lyon, Second Infantry.+

I respectfully request the instructions of the Government respecting

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*See inclosure A to report Numbers 1, p. 5.

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+See also Harney to Townsend, May 13, in "Correspondence, etc.," post.