War of the Rebellion: Serial 038 Page 0488 Mississippi, WEST TENNESSEE, ETC. Chapter XXXVI.

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HEADQUARTERS, Vicksburg, MISS., July 8, 1863.

Major General U. S. GRANT, Commanding U. S. Forces:

GENERAL: I am informed by Colonel [C. C.] Henderson, FIFTH Confederate Regiment, through an assistant adjutant-general, that the Twenty-seventh Louisiana Regiment, a portion of the command surrendered, is now crossing the Mississippi River in skiffs. I respectfully call your attention to this, and protest against this violation of the terms of the capitulation entered into between you and myself.

I am, general, very respectfully,

J. C. PEMBERTON.

Vicksburg, July 8, 1863.

Major-General McPHERSON:

GENERAL: I have the honor to state that I am informed that many of my men have been crossing the river this afternoon, and are still crossing, notwithstanding all that has been said on the subject, and again to request that this be stopped, if possible.

Very respectfully, your obedient servant,

J. C. PEMBERTON.

HDQRS. DEPT. OF THE TENN., Vicksburg, MISS., July 8, 1863.

Major General J. B. McPHERSON, Comdg. SEVENTEENTH Army Corps:

GENERAL: There apparently being some misunderstanding between Lieutenant-General Pemberton and the paroling officers engaged in issuing paroles to the prisoners, and Major N. G. Watts, commissioner for the exchange of prisoners, apparently having the idea that his presence here makes it necessary that he should receipt all rolls to make the parole binding, I will give you a line of policy to pursue.

The terms which I proposed to General Pemberton were free from ambiguity, and were accepted in unmistakable language. That acceptance alone made the whole garrison prisoners of war, who could not properly be placed on military duty until properly exchanged, even if they should escape before being paroled or enrolled. No further receipt than General Pemberton's letter of acceptance of terms is necessary to bind the Confederate authorities to acknowledge the entire garrison of Vicksburg on the morning of the 4th instant prisoners of war. The only object in issuing rolls made out is that the Government may have something in a compact form, which will be recognized, to enable them to negotiate for the exchange of prisoners hereafter. I do not regard it as essential that Major Watts should sign the rolls, so long they are signed by brigade or regimental commanders. Major Watts, with the balance, is at present a prisoner of war.

U. S. GRANT.

Vicksburg, MISS., July 8, 1863.

Major General J. B. McPHERSON, Comdg. SEVENTEENTH Army Corps:

GENERAL: There apparently being some misunderstanding between Lieutenant-General Pemberton and the paroling officers as to the method of conducting the paroling of prisoners, I will give you the following rules for your guidance, that there may be no misunderstanding:

No prisoner will be allowed to leave our lines until all are paroled who will accept. Those who decline will be confined on steamers anchored