War of the Rebellion: Serial 119 Page 0078 PRISONERS OF WAR AND STATE, ETC.

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4. Major - 's parole is not binding so as to require an exchange for the reasons given above in answer to the third point of inquiry.

5. Major - 's parole not being binding and the rebel authorities having been duly notified on or about the 25th of May, 1863, through their authorized agent for the exchange of prisoners of war, that thereafter no paroles would be recognized except such as were strictly in accordance with article 7 of the cartel above referred to, the Government is free to place him on duty without exchange.

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Lieutenant-Colonel, Engineers, and Brigadier-General, President.


Captain, Fourth U. S. Infantry, Judge-Advocate.


Memphis, Tenn., July 3, 1863.

Brigadier General J. R. CHALMERS, Commanding, &c.:

Your note* of 30th [ultimo] is this day received. In reply I would state that Captain Burrow, late of Richardson's command, has escaped. He was held for murder, of which I am now satisfied he was not guilty.

If Cushman belongs to the Confederate service, his friends will do him a favor by furnishing evidence of that fact, as he is now under sentence of death as a robber and murderer.

The resignation of Joseph Carter is received and will be respected. If the Confederate Government would uniform and commission its officers much ill-feeling would be avoided. As it is every robber captured in the very act of plunder claims to be a prisoner of war, and his claim is not respected, nor can it be unless he has some evidence from competent authority that he is legitimately in the service of the enemy. This evidence should be a commission for officers.

As long as your forces attempt to hold and draw supplies from Panola you must expect those supplies to be destroyed. You can remedy this by leaving the country.

Scattering men of all armies commit depredations, unauthorized and irregular, for which the individuals are held responsible.

Your obedient servant,


Major-General, U. S. Volunteers.



Washington, July 3, 1863.

I. The attention of all persons in the military service of the United States is called to article 7 of the cartel agreed upon on the n of July, 1862, and published in General Orders, Numbers 142, September 25, 1862. According to the terms of this cartel all captures must be reduced to actual possession and all prisoners of war must be delivered at the places designated, there to be exchanged, or paroled until exchange can be effected. The only exception allowed is the case of commanders of two opposing armies, who are authorized to exchange prisoners or to release them on parole at other points mutually agreed upon by said commanders.


* Not found.