prisoners of war shall be discharged on parole in ten days after their capture. " If the soldier under the in junction of his Government refuse to pledge his parole how can we discharge him on his parole? Paragraphs 8, 10, 11 and 12 require no other comment than that the cartel and not the common law of war establishes the terms of the parole and gives in advance the approval and ratification of both Governments to these terms.
Paragraph 9 is in clear violation of the cartel. Article 4 of the cartel says:
The surplus of prisoners not exchanged shall not be permitted to take up arms again, not to serve as military police or constabulary force in any fort, garrison or field work held by either of the respective parties, nor as guards of prisons, depots or stores, nor to discharge any duty usually performed by soldiers, until exchanged.
I desire that you will communicate with General Hooker and through him protest in such manner as you may deem appropriate and expedient against so much of that general order as conflicts with the cartel of exchange and ask explanations of what is doubtful, ambiguous or contradictory.
With high esteem, yours,
JAMES A. SEDDON,
Secretary of War.
WAR DEPARTMENT, Richmond, April 13, 1863.
WILLIAM COKER, Esq., Tarborough, N. C.
SIR: In answer to your letter of the 7th instant you are informed that a publication is made in the Richmond papers of the exchanges which take place. All North carolina prisoners who have been taken at Goldsborough, on the sea coast, or who have been delivered up at City Point prior to the 13th of January have been exchanged.
JAS. A. SEDDON,
Secretary of War.
RICHMOND, April 13, 1863.
If you approve of the exchange between General Rust and General Buford you are authorized to make it and inform General Holmes it was done by direction of the Secretary of War. I will answer your dispatch respecting your absence as soon as I see the President.
Adjutant and Inspector General.
OFFICE EXCHANGE OF PRISONERS,
Richmond, Va., April 13, 1863.
J. THOMPSON, Inspector-General, Jackson, Miss.:
I herewith respectfully return you the paroles of ten prisoners released by Captain Thomas Henderson, Jackson's regiment of cavalry, forwarded by you to Major N. G. Watts, agent at Vicksburg, Miss., and by him forwarded to this office. In their present condition their paroles are entirely valueless as we cannot demand equivalents for them.