Richard Yates to Joseph Holt

Oct 21st [186]4

Brig. Genl. Jos. Holt Judge Advocate General Washington D.C.

Sir: By Special Orders No. 277 of the Department of the Missouri 1st Lieut F. A. Post 40th Regt Mo Vols. was dismissed the service, “for alleged gross and unpardonable neglect of duty,” in allowing a prisoner to escape.”

I take a special interest in this case for several reasons, one is that I think injustice perhaps unintentionally has been done to a brave and honorable young man whose worth I have had ample occasion

to become acquainted with and secondly, my long and intimate acquaintance with the family of the young man which occupies a prominent position in the society of St Louis and the head of which Rev. T. M. Post was one of my college preceptors. Both for the sake of the grieved parents of my young friend as well as for the sake of his reputation which he values highly, I hope that you will give your personal attention to the papers which he submits in his defense and give them such favorable consideration as the circumstances admit of.

Any representations made by Mr Post are worthy of entire credence. And although I have had no opportunity to make a critical examination of the testimony I am satisfied from his statements

that so far from being guilty of gross and unpardonable neglect of duty as alleged in the order dismissing him, he bestowed unusual care in the adoption of measures to prevent their escape, and it is clear to me that if his orders had been obeyed the prisoner could not have got away. If any mistakes were made by Lieut. Post, I believe they were errors of judgement and not arising from criminal negligence.

Another circumstance to be considered is that this was Lieut. Post's first trip on a mission of this kind.

I think it is but fair that the case should be investigated and all the circumstances taken into consideration.

I earnestly hope that you will give due

consideration to all these points and will be able to give a favorable decision in the case.

I am, General, Very Respectfully your obed't serv't Richd Yates Governor

P.S . Since Post assures me [illegible] Genl Ewing having rec'd from him a formal statement of the facts in his case, had represented by [telegraph?] the statement to Maj. Genl. Rosecrans, and expected a favorable endorsement by the General to be forwarded [illegible] to Washington. Richd Yates