War of the Rebellion: Serial 118 Page 0174 PRISONERS OF WAR AND STATE, ETC.

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and fourth, the disposition made in the second cases, with the date of such disposition.

In all cases where prisoners are forwarded for exchange or sent under custody beyond the limits of the State reports similarly arranged will be at once forwarded to these headquarters.

By order of Major General Gordon Granger:

WM. C. RUSSELL,

Captain and Assistant Adjutant-General.

GENERAL ORDERS,

HDQRS. DEPARTMENT OF THE GULF, Numbers 9.

New Orleans, January 12, 1863.

I. Any person registered as a public enemy of the United States within this department will be permitted to withdraw such designation and description upon taking the oath of allegiance, and any person who may have been unable to take the oath within the time prescribed by previous orders will upon satisfactory proof of the facts be admitted to that privilege upon application to the provost-marshal-general.

II. All commanding officers of this department who have captured or who shall capture prisoners of war are directed to make duplicate lists thereof, giving whenever possible the name, rank, company, regiment and brigade of each prisoners, the place and time of capture and the name of the officers by whom captured. One copy of the list will be sent to the provost-marshal-general and the other will be sent to these headquarters through the proper channels.

III. It is provided by the general cartel of exchange adopted July 22, 1862, "that all prisoners of whatever arm of service are to be exchanged or paroled in ten days from the time of the capture if it be practicable to transfer them within their own lines in that time; if not as soon after as practicable. "

IV. Commanding officers will give attention to the comfort and health of prisoners of war while they remain in their charge.

By commanding of Major-General Banks:

RICHARD B. IRWIN,

Lieutenant-Colonel and Assistant Adjutant-General.

MADISON, WIS., January 13, 1863.

Honorable EDWIN M. STANTON, Secretary of War:

In the habeas corpus cases of the Ozaukee County prisoners the supreme court, consisting of loyal and patriotic judges, has just decided that the President has not the power to suspend the writ of habeas corpus in Wisconsin nor to declare martial law therein to subject persons resisting the draft to trial by court-martial. I recommend therefore that the prisoners be discharged to avoid a conflict between the civil and military authorities. Please order General Elliott immediately to discharge them. Answer immediately.

EDWD. SALOMON,

Governor of Wisconsin.

OFFICE COMMISSARY-GENERAL OF PRISONERS,

Washington, D. C., January 13, 1863.

Honorable GIDEON WELLES,

Secretary of the Navy, Washington, D. C.

SIR: I have the honor to inform you that at the recent meeting of the agents for the exchange of prisoners of war it was declared that all