notified the Confederate agent of exchange, Robert Ould, of the outrage being perpetrated upon his soldiers, and informed him that unless the practice was stopped retaliation in kind would be adopted by the Government of the United States.

Being assured by General Ewell, commanding Confederate forces on the north side of the James, that an answer to this communication, if any, would be sent by 11 a.m. to-day, and it being now past 12 (noon) and no answer having been received, it is ordered that an equal number of prisoners of war, preferably members of the Virginia Reserves, by and under whose charge this outrage is being carried on, be set to work in the excavation at Dutch Gap and elsewhere along the trenches, as may hereafter seem best, in retaliation for this unjust treatment of the soldiers of the United States so kept at labor and service by the Confederate authorities.

It being also testified to by the same witnesses that the rations served to the soldiers of the United States so at labor is one pound of flour and one-third of a pound of bacon daily, it is ordered that the same ration precisely be served to these Confederate prisoners so kept at work daily, and no other or different.

It being further testified to that the time of labor of the soldiers of the United States so at work under the Confederates is ten hours each day, these Confederate prisoners so kept at work will be made to work, and work faithfully, daily during the same period of time.

This order will be read to the prisoners set to work the first time they are mustered for labor, in order that they may know why it is that they do not receive that kind and courteous treatment they have heretofore from the United States as prisoners of war.

Upon any attempt to escape, by any of these prisoners so kept at work, they will be instantly shot.

By command of Major-General Butler:

ED. W. SMITH,

Assistant Adjutant-General.

DUTCH GAP, VA., October 13, 1864

Colonel H. L. ABBOT,

Commanding Siege Artillery:

COLONEL: I have the honor to report that the enemy fired quite constantly during the night, but have appeared to be afraid to open to-day; at long intervals sending a few shells in rapid succession and then ceasing altogether. Am quite encouraged. Earnestly request to be placed in command of the new work on Cox's Hill with my whole company. The position is surely an excellent one for practice, and the men require a change. Shall be able to use the 100-pounder to-morrow.

Very respectfully, your obedient servant,

H. H. PIERCE,

Captain, First Connecticut Artillery.

HEADQUARTERS TENTH ARMY CORPS,
October 13, 1864-1 a.m.

Major-General BUTLER:

General Ames has just forwarded to me the following report from his division officer of the day. The only thing of any importance in it is