These three men may have been recruited by Col. Kindrick. However, I find no record of their Federal service.

HDQRS. MILITARY DIVISION OF THE MISSISSIPPI,

Nashville, Tenn., February 26, 1864.

General J. E. JOHNSTON,

Commanding C. S. Forces, Northern Georgia:

GENERAL: I have learned - do not know as to the reliability of my information - that J. T. Stancel, Jesse Grear, and Robert Waits, soldiers belonging to the Third West Tennessee Cavalry, U. S. service, are now confined at Atlanta, Ga., charged with belonging to the C. S. Army.

I would state that these men have been for a long time in the Federal Army, and are entitled to the same treatment as other prisoners of war. Of course I would claim no right to retaliate for the punishment of deserters, who had actually been mustered into the Confederate Army and afterward deserted and joined ours; but I cannot agree that any wholesale conscription act can cover as deserters persons who escape into our lines and join our service to avoid such conscription. Further, I would claim that persons who have been personally notified to report at a certain place by a certain time for muster and afterward escaped to our service before obeying such summons would be entitled to the protection of Government against trial, or rather, I should say, punishment as deserters if afterward captured.

I believe, general, an examination into the case herein referred to will show that they have never been sworn into the Confederate Army; that their services to the Government entitle them to the protection of that Government.

Believing fully that you are disposed to be governed by the laws of war, justice, and humanity, I subscribe myself,

Very respectfully, your obedient servant,

U. S. GRANT,
Major-General, U. S. Army.
OR Ser. II, V6, p. 991

…

DALTON, March 9, 1864.
Major General U. S. GRANT,
Commanding Military Division of the Mississippi:

GENERAL: I have had the honor to receive your letter of the 26th ultimo, and on inquiry have learned that J. T. Stancel and Jesse Grear, claiming to belong to the Third West Tennessee Cavalry, U. S. service, are now confined in Atlanta. The former is charged with "violating his parole," probably without foundation; the latter with "desertion to the enemy. " The can be no conviction of this offense without full proof that the accused was a Confederate soldier. Robert Waits, also charged with deserting to the enemy, has escaped. As you justly believe that I am "disposed to be governed by the laws of war, justice, and humanity," I need not assure you that no prisoner in my power will suffer contrary to those laws.

Most respectfully, your obedient servant,

J. E. JOHNSTON,
General, C. S. Army.

OR Ser. II, V6, p. 1027