War of the Rebellion: Serial 027 Page 0553 Chapter XXXI. THE MARYLAND CAMPAIGN.

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cepting a parole for my men on the condition now imposed by you, which I am positive was not intended at the line the articles of capitulation were drawn up." Colonel Segoine and Mr. Kent also gave it as their were drawn up." Colonel Segoine and Mr. Kent also gave it as their opinion that such a construction could not be placed upon the simple words contained in the articles of capitulation, such as "will not serve until regularly exchanged." Upon this decision of Colonel D'Utassy, General Branch refused to parole any of the troops until he could ascertain the understanding of the disputed point as entertained by General A. P. Hill. He (General Branch) then wrote a note to General Hill, sent it, and, after awaiting an answer until after dark, said he would go to his quarters, and we might send about 9 o'clock for his answer. At that hour, in company with Mr. Kent, I called upon General Branch, and he then stated that General Hill concurred with him in his view of the parole. I reported this fact to Colonel D'Utassy, who said that the would rather go to Richmond than take such a parole. He then gave orders for our brigade to be ready to move at dawn next morning (the 16th). This was done, and by 6 next morning we were in motion for the pontoon bridge. I handed the muster-rolls to General Hill at his headquarters, and asked a pass for the brigade. He asked if the brigade was paroled. I replied, evasively, I thought so. He then sat down and wrote a pass, upon which we immediately crossed the river, thus giving them the slip.

Upon the announcement of the surrender, Colonel D'Utassy ordered the colors of all the regiments of our brigade to be conveyed to his headquarters. This was done, and two hours were spent in removing the various colors from their staffs and packing them in the colonel's private trunk.

The adjutant-general of General Gregg made several demands on me for the colors where I was engaged on the hill turning over the arms. I informed him that they had been sent to our brigade headquarters. He left, but shortly returned and stated that he could not find them. I said I regretted it, but could not aid him; that he must see my colonel. These flags are now in my colonel's private trunks in this city. These are the simple facts, which, on my honor as a gentleman, I certify to.

CHAS. GRAHAM BACON,

Lieutenant, and Acting Assistant Adjutant-General.

APPENDIX, Numbers 2.

ANNAPOLIS, MD., September 23, 1862.

Adjt. General L. Thomas' memorandum of interrogations to colonels of regiments in regard to surrender of Harper's Ferry.

First officer, Colonel Cameron:

Question. Did you advise the surrender of Harper's Ferry, to Colonel Miles, or to any one else?

Answer. I did not recommend a surrender to the commanding officer, nor to his brigade commanders, nor to any one else. There was not a formal consultation held, to my knowledge.

Second officer, Colonel George L. Willard, One hundred and twenty-fifth New York Volunteers:

Question. Did you advise the surrender of Harper's Ferry, to Colonel Miles, or to any other officer, or were you consulted in reference to its surrender; and, if so, what opinions did you give?

Answer. I did not advise, nor was I ever consulted in regard to, the surrender of Harper's Ferry. I am not aware personally that there ever had been any consulta-