War of the Rebellion: Serial 114 Page 0088 PRISONERS OF WAR, ETC.

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authority to make or accept propositions, consequently your name has not since been submitted; but as soon as the system of exchange is renewed application will be made to procure your release from your parole.

Very respectfully, your obedient servant,

WM. D. WHIPPLE,

Assistant Adjutant-General.

WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE,

Washington, April 9, 1862.

Captain H. M. LAZELLE,

Eighth U. S. Infantry, Hagerstown, Md.

SIR: In reply to your request of the 7th instant to be exchanged for Thomas K. Jackson, now confined at Fort Warren, I have respectfully to inform you that the Department has taken every step within its power to procure the release from confinement and parole of officers and men in the U. S. service. The rebels have, for some reason, not a similar disposition. The proposition to release Jackson cannot at this time be entertained.

I am, sir, &c.,

L. THOMAS,

Adjutant-General.

WAR DEPARTMENT, BUREAU OF MILITARY JUSTICE,

June 12, 1862.

Respectfully returned to the Adjutant-General with the following remarks:

From the within papers* I appears that in the spring of 1861 George Butchosky was a regular soldier in the service of the United States at Fort Bliss, Tex. Soon after the surrender of the traitor Twiggs this man attempted to leave the service and was forcibly detained by Colonel Reeve. A writ of habeas corpus was then sued out in his behalf before a Judge Crosby of one of the State courts, who decided that as Butchosky was citizen of Texas he owed it paramount allegiance, and that the United States no longer existed as a Government; he therefore ordered his discharge. Colonel Reeve was powerless to resist this illegal action and the man was permitted to leave. He afterward entered the rebel service. He has now presented himself with a request that he be allowed to rejoin his regiment, wherein he held the grade of first duty sergeant, and serve out the term of his original enlistment. He is held a prisoner in the guard-house at Fort Bliss by the commandant, Major Brotherton, who desires instructions as to the course to be pursued.

It is recommended by this Bureau that Butchosky be forthwith brought to trial before a court-martial for desertion, as it is held that the manner of his discharge can in on way serve him as a defense. In taking advantage of such a mockery of the forms of law and leaving his regiment against the commands of his superior officer Butchosky was clearly guilty of aggravated desertion.

J. HOLT,

Judge-Advocate-General.

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* Inclosure not found.

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