convention. A prisoner exchanged under the laws of war is not thereby exempted from trial and punishment as a triator. Treason is a state or civil offense punishable by the civil courts; the exchange of prisoners of war is only a part of the ordinary commercia belli.

Very respectfully, your obedient servant,

H. W. HALLECK,

Major-General.

HEADQUARTERS DEPARTMENT OF THE MISSOURI,
Saint Louis, December 3, 1861.

Brigadier General U. S. GRANT, Cairo, Ill.:

In reply to your favor of November 29 inclosing letter from General Polk I have the honor to inform you that your letter and inclosure have been referred to the commander-in chief at Washington.

By command of Major-General Halleck:

J. H. HAMMOND,

Assistant Adjutant-General. .

HEADQUARTERS DEPARTMENT OF THE MISSOURI,
Saint Louis, December 3, 1861.

Brigadier General U. S. GRANT, Cairo, Ill.:

I have the honor to inform you that Lieutenant-Colonel Chappell can not be permitted to come to Saint Louis. He may be returned under a flag of truce and any dispatches he may have for the commanding general you can forward in the usual manner.

By command of Major-General Halleck:

J. H. HAMMOND,

Assistant Adjutant-General.

HEADQUARTERS DISTRCICT OF SOUTHEAST MISSOURI,
Cairo, December 4, 1861.

Colonel W. C. CHAPPELL,

Aide-de-Camp to General Thompson, C. S. Army, Cairo, Ill.:

Your note to this date* has just reached me. There must be a decided misapprehension somewhere and I discover you are laboring under an entirely mistaken view of your position.

You were fully informed that the flag under which you came protected you so long as you chose to remain under it. You were at perfect liberty to go back with that flag but informed that if you chose to accompany me it would be as a prisoner of war. I told you that I would communicate with the commander of this department and state your case fully and if he gave his consent you should here under such restrictions as I would impose which, however, would not be onerous.

I communicated that evening with General Halleck and have not yet received his reply. Your note this aftenon is the first intimation I have had that you desired to return South before hearing the result of this correspondence. Had I known that you desired going with a flag desire to go I will send you down to-morrow unless orders should be received I the meantime directing otherwise.

---------------

* Not found.

---------------