ORs: (CS) Correspondence from Col. Wharton - October 4, 1862

War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies
Series 1, Volume 16, Part 2, Page 572-3

HEADQUARTERS FIRST CAVALRY BRIGADE,
In Field, October 4, 1862.

Major-General THOMAS,
Commanding United States Forces:

GENERAL:
I addressed you a communication yesterday in relation to your men firing upon mine and a general advance of your army during the pendency of a truce inaugurated by yourself. Your flag was not detained one moment, but waited voluntarily for a reply. Your men fired upon mine first, as the general in command of the advance admitted by stating that they should be arrested. Whilst the truce was pending a brigade of your command, by a flank movement, emerged from the woods not 300 yards from my battery and small-arms. I sent to the officer and notified him of the fact, and I would not fire upon his supposed position when the flag returned, but at your advancing cavalry. You took 1 lieutenant and 10 men prisoners whilst this truce was in effect. I respectfully, positively demand their return, and, further desire to know if it is in accordance with your ideas of military law for an army to advance or shift position whilst a truce is pending that they inaugurated. Major Smith will accompany this, who was in command of the lieutenant and his men.

Most respectfully, your obedient servant,

JNO. A. WHARTON,
Colonel, Commanding First Cavalry Brigade.

[Indorsement.]

Major-General BUELL:

I promised Colonel Wharton that I would inquire into the case of the capture of the lieutenant and the 10 men yesterday and would send him an answer after reaching camp. Please say whether they are to be retained permanently or not.

GEO. H. THOMAS,
Major-General.