2. All officers and men captured in Missouri, Kansas, New Mexico, Arizona, Arkansas and Louisiana up to January 1, 1863.
3. The two foregoing sections apply not only to officers and men of the Confederate service but also to persons captured in arms or hostile array against the United States whatever may have been the character of the military organization to which they were attached and whatever may have been the terms of the paroles given by them. If any are in Federal prisons they are to be immediately released and delivered to the Confederate authorities.
4. All persons who have been captured on the sea or sea coast of the Confederate or United States up to December 10, 1862. If any such are in Federal prisons they are to be immediately released and delivered to the Confederate authorities.
5. All Confederate officers and men who have been delivered at City Point up to January 6, 1863.
6. All Confederate officers and men who have been delivered at Vicksburg up to December 23, 1862, and including said date.
7. All paroled Confederate officers and men receipted for at Vicksburg up to December 23, 1862, and including said date.
8. All Confederate officers and men captured and paroled at Fredericksburg, Va., in December, 1862.
9. All Confederate officers and men captured and paroled at Goldsborough, N. C., in December, 1862.
10. Other miscellaneous and minor exchanges of which the appropriate officers will be duly informed.
Agent of Exchange.
Adjutant and Inspector General.
WAR DEPARTMENT, Richmond, Va., January 14, 1863.
Lieutenant General J. C. PEMBERTON.
SIR: Yours of the 1st instant has been received. It is entirely irregular for the enemy to send either paroles or copies of them to Vicksburg. They ought not to be in any way regarded and I shall so instruct Major Watts. There is no guaranty that the paroles of the same parties will not be sent here to me again for double exchange. To prevent inextricable confusion and vast cheating it is absolutely necessary that there should be but one place of exchange, and but one official to make and declare The War Department accordingly has made such an order. There is only one exception to this rule and that is where the commanders of two opposing armies exchange and deliver prisoners captured from each other.
I have already specifically instructed Major Watts that he cannot make any exchange at all.
You will perceive in a moment that if any person other than myself were permitted to make exchanges parties might and probably would be exchanged more than once. The exchange of prisoners is only consummated when after conference with the Federal commissioner and after the giving and receiving of equivalents a publication of exchange is made. The proper course in the case put by you would be for the Federal officer who made the captures to transmit to his Government the paroles given by our men. The United States Government would then deliver those paroles (or a list of them)to their commissioner of exchange who in his turn would present them to me as the evidence of capture. It would then be my duty to give an equivalent for them and to declare them exchanged.
If this plan is not strictly pursued untold difficulties will surround the matter and every avenue of fraud will be open. How otherwise can we prevent the enemy from claiming that our men shall be