War of the Rebellion: Serial 118 Page 0834 PRISONERS OF WAR AND STATE, ETC.

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prisoners make them receipt for each article and take duplicate copies of same.

You will please, captain, also receipt to me for the above-named boxes.

I am, sir, your obedient servant,


Captain, Commanding.

SAN ANTONIO, February 19, 1863.

Major-General MAGRUDER,

Commanding Department of Texas, New Mexico and Arizona.

GENERAL: On the 19th of January, ultimo, I wrote you a note inclosing a parole pass requesting to be exchanged for some civil prisoner held by the Confederate States Government. My note was returned indorsed:

JANUARY 28, 1863.

The within is not a subject of exchange. This is only a pass.

By command of Major-General Magruder:


Assistant Adjutant-General.

On the 2nd February following I again wrote asking a reconsideration of the foregoing decision. My letter was returned indorsed:

FEBRUARY 12, 1863.

Were an exchange to be made that exchange would not release you from the oath you took unless the prisoner going North would consent to take a similar oath to the Confederate States Government, consequently the major-general commanding can only refer you to his original decision as final.

By order of Major-General Magruder:


Lieutenant and Acting Assistant Adjutant-General.

Since entering upon the foregoing correspondence I have been shown by Major Russell, of General Bee's staff, an order from Richmond which directly and positively refuses to acknowledge such passes as that issued by General Butler in the light of paroles, said order especially stating that such parole passes will not exempt parties from military duty. In taking said pass I knew full well that it was contrary to all the usages of war, it being manifestly illegal and unprecedented to subject non-combatants to permanent military disability and without the privileges of exchange; but this not being the first departure from the rules of civilized warfare on the part of our enemy I had hoped that this like other departures from common usage might be rectified by reprisal and therefore availed myself of the pass to escape the Yankee lines, promising myself to use my best endeavors to effect an exchange. Having failed I now accept your original decision, general, as final, to wit, that I am not a subject of exchange and that my supposed parole is not a parole but only a pass. I therefore consider myself released from now henceforth. But I must beg to file an answer to the indorsement of the 12th February made upon my letter of the 2nd February.

Neither my pass nor any letters hint in the most shadowy form that I have ever taken an oath in presence of any U. S. officer or in favor of the United States Government. Yet by some misconception it has been inferred in said indorsement that I have taken some kind of an oath while within the Yankee lines. This I now most clearly and emphatically deny. My pass was obtained strictly as a personal favor to myself through Mr. G. S. Denison, Federal collector of New Orleans, and before whom I had positively refused to take the oath of allegiance