War of the Rebellion: Serial 119 Page 0036 PRISONERS OF WAR AND STATE, ETC.

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You have said to me that the principles announced in General Orders, Numbers 100, are to apply against you as well as for you. In that order you distinctly recognize the right of an invaded State to punish all wanton violence committed against its citizens as well as all destruction of property not commanded by the authorized officer. I refer to paragraphs 44, 47, and especially 59. If I had the framing of a provision to meet Doctor Rucker's case and to justify his detention I could not use apter terms than those employed in paragraph 59.

Moreover, you have claimed and exercised the right of holding many of our officers and soldiers on mere suspicion for months without trial or proceedings of any sort against them. You have such in confinement now. From them we have selected none of yours under indictment preferred by a grand jury, you immediately select one of ours in retaliation. It we had applied any such rule to you since the beginning of the war, how many of your officers and soldiers would be now in our prisoners?

I lament with you the detention of surgeons. I am willing to do anything consistent with honor and justice to promote their discharge. But we cannot surrender a clear right. Doctor Rucker's detention is justified by your own principles and practice. I have already admitted your right to detain any one of our officers under similar circumstances. If we are justified by the rules of war in detaining for trial Doctor Rucker, what right have you to hold Doctor Green in retaliation?

Your request for the discharge of all surgeons except Doctors Rucker and Green is simply asking me to admit that the former is unjustly detained and the latter rightly held in retaliation. I deny both and appeal to your won military laws. As Doctor Rucker has asked to have his trial postponed, let his case remain as it is and let us unconditionally release all other surgeons on both sides. If any grand jury of yours indicts any surgeon of ours for such offenses as are charged against Doctor Rucker, and he is detained for trial, I am sure I will not complain.

Respectfully, your obedient servant,

RO. OULD,

Agent of Exchange.

Memorandum.

[ABOUT JUNE 23, 1863.]

Colonel D. T. Chandler, committed by Captain Todd. -Charge, violating blockade.

Major and brevet lieutenant-colonel of the old army in the Fifth Infantry. Is forty-three years old. Retired as disabled from disease and injuries contracted in line of duty. Resignation was accepted by the Preside tot take effect in December last. He was born in the District and resided in Louisiana. Was in lower Maryland, Saint Mary's County, Federal occupation, to see some friends. Was arrested in going on the night of the 9th of February in row boat with some three other persons who have been sent South since. He was sent South to be exchanged March 15 with the rest. Mr. Wood had previously made every inquiry concerning him at provost-marshal's, and was informed that no reason existed at their office why he should not be exchanged. Upon arriving at Fortress Monroe a telegram was received from Colonel Hoffman