order and in the presence of General Custer. They also hung another lately in Rappahannock. It is my purpose to hang an equal number of Custer's men whenever I capture them. There was passed by the last U. S. Congress a bill of pains and penalties against guerrillas, and as they profess to consider my men within the definition of the term, I think it would be well to come to some understanding with the enemy in reference to them. The bearer of this, my adjutant, will give all the information you desire concerning the enemy in this county. Of course I did not allow the conduct of the enemy toward citizens to deter me from the use of any legitimate weapon against them, but after throwing off the train they guarded the road so heavily that no opportunities were offered for striking any successful blow, and I thought I would be more usefully employed in annoying Sheridan's communications. I received the list of deserters you sent me. I will do what I can toward arresting them, but none are with my command.

Very respectfully, your obedient servant,

JNO. S. MOSBY,

Lieutenant-Colonel.

[First indorsement.]

HEADQUARTERS,
November 3, 1864.

Respectfully referred to the honorable Secretary of War for his information.

I do not know how we can prevent the cruel conduct of the enemy toward our citizens. I have directed Colonel Mosby, through his adjutant, to hang an equal number of Custer's men in retaliation for those executed by him.

R. E. LEE,

General.

[Second indorsement.]

ADJUTANT AND INSPECTOR GENERAL'S OFFICE,

November 11, 1864.

Respectfully submitted to the Secretary of War.

H. L. CLAY,

Assistant Adjutant-General.

[Third indorsement.]

NOVEMBER 14, 1864.

ADJUTANT-GENERAL:

General Lee's instructions are cordially approved. In addition, if our citizens are found exposed on any captured train signal vergence should be taken on all conductors and officers found on it, and every made passenger of the enemy's country should be treated as prisoners. So instruct.

J. A. S[EDDON],

Secretary.