War of the Rebellion: Serial 118 Page 0256 PRISONERS OF WAR AND STATE, ETC.

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Murfreesborough, Tenn., February 8, 1863.

I. Whereas, by the cartel for the exchange of prisoners agreed upon by commissioners, Major General John A. Dix, on the part of the United States, and Major General D. H. Hill, on the part of the Confederate authorities, dated Haxall's Landing, on James River, July 22, 1862, and published by the War Department in General Orders, Numbers 142, September 25, 1862, the provisions of which are to be bidding during the war, it is provided among other things that all prisoners captured by either party shall be delivered at the expense of the capturing party at either Aiken's Landing or Vicksburg, or at such other point as may be mutually agreed upon between the commanding generals of opposing armies; and

Whereas, in violation of these provisions the Confederate authorities opposed to this army have without due notice or agreement and often without furnishing any lists or evidence of their capture and parole released and set free certain officers and men belonging to this army at such time and place as best suited their own convenience, thus avoiding the expense and trouble of delivering them according to the cartel and the danger of their recapture, thereby forfeiting their right to claim an exchange and releasing by their own act the persons so captured and set free--

It is ordered, That all officers and men so released subsequent to the 10th day of December, 1862, will be returned to duty, and that hereafter the names of any so captured and released will be forwarded to these headquarters that special orders may be issued in each case for their return to duty.

II. General Orders, Numbers 10, War Department, January 10, 1863, announces the exchange of all prisoners captured by the Confederate forces in the States of Kentucky, Tennessee, Mississippi, Alabama, South Carolina and Florida previous to the 10th of December, 1862. All officers and soldiers captured from this command previous to that date will therefore at once return to their regiments or commands.

By command of Major-General Rosecrans:


Assistant Adjutant-General and Chief of Staff.

WAR DEPARTMENT, Washington, February 9, 1863.

Brigadier-General LYTLE, Cincinnati, Ohio:

The inquiry as to your exchange could not be answered until a specific report by the commissioner of exchanges, who has just reached here. He reports that all captures prior to the 10th of December are exchanged and so declared. You are included in the declaration and are exchanged and can report to General Rosecrans.


Secretary of War.

Indorsement on case of William J. Livingston.


February 9, 1863.


Usage and the course of decision have enforced in regard to military commissions the same principles which prevail in the organization of courts-martial. These principles require that it shall appear from the record not only that the court and judge-advocate were sworn, but also that the oath was administered in the presence of the accused.