The War of the Rebellion: A Compilation of the Official Records of the Union And Confederate Armies. Series 1, Volume 3. Page: 8
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OPERATIONS IN MO., ARK., KANS., AND IN). T. (Cne. X.
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, in addition to the obligation of loyalty which rests upon every
citizen, every man of my command now held as a prisoner has volun-
tarily 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 its 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 the United States property, and assuring him that I had in no
respect 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 represent-
ative 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
larger 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 3M]ilitia.
General WILLIAM S. HARNEY, U. S. A.,
Commanding the Department of the West.
No. 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 [No. 2]
addressed to me under date of the 10th instant, by Brig. Gen. D. M.
Frost, Missouri Volunteer Militia, in relation to the capture of his com-
mand at Camp Jackson, near this city, May 10, 1861, by the U. S. troops,
under the command of Capt. N. Lyon, Second Infantry.t
I respectfully request the instructions of the Government respecting
* See inclosure A to report No. 1, p. 5
t See also Harney to Townsend, May 13, in "Correspondence, etc.," post.8
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United States. War Department. The War of the Rebellion: A Compilation of the Official Records of the Union And Confederate Armies. Series 1, Volume 3., book, 1881; Washington D.C.. (https://texashistory.unt.edu/ark:/67531/metapth154606/m1/15/?rotate=90: accessed May 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.