War of the Rebellion: Serial 119 Page 0337 CORRESPONDENCE, ETC. -UNION AND CONFEDERATE.

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This mode of ex parte declarations is altogether inexplicable, being without warrant from any recognized authority, and may lead to unpleasant consequences to the parties declared thus exchanged if again taken prisoners, the nature of which cannot now be determined.

On the subject of the crew of the Texan, please see the indorsement upon your last report on the subject, forwarded by mail to-day.

In your conferences with Mr. Ould on the subject you can explain that his propositions are not rejected contumaciously, but simply because their area complications in the matter which make it inexpedient to make a general declaration-one circumstances being that among the prisoners in our hands a considerable number seem to dread nothing so much as being sent South. In many instances they declared a Northern prison their choice in preference to being exchanged.

On this account I wish you to obtain from Mr. Ould, if you can, a margin, so that we can, if we have them, make up the required number without taking active crews.

It is hoped that the proposal for an exchange of medical officers and hospital attendants will lead to good results and that chaplains will also be exchanged.

Mr. Ould's statement of the case of Spencer Kellogg, taking the facts to be as he states them, would appear to be satisfactory, though extremely painful, except that so far as his having been a spy before he was captured is not regarded as an offense to be punished after being captured.

This principle is so laid down in the "code" we published a few months since. But if Kellogg was a deserter, his fate followed the offense of desertion.

I wish it were possible to obtain the release of Doctor Rucker. The belief is universal on this side that he is not legitimately held. Make another trial in his behalf and that of Doctor Green, whose fate is bound up with that of Doctor Rucker.

Very respectfully, your obedient servant,

E. A. HITCHCOCK,

Major General of Vols. and Commissioner for Exchange of Prisoners.

CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT,

Richmond, October 2, 1863.

Brigadier General S. A. MEREDITH, Agent of Exchange:

SIR: I most cordially concur with you in your proposal to discharge mutually all chaplains held as prisoners by either side. I will send all we have by the next flag-of-truce boat.

Please have those in your custody forwarded at the same time.

Respectfully, your obedient servant,

RO. OULD,

Agent of Exchange.

CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT,

Richmond, October 2, 1863.

Brigadier General S. A. MEREDITH, Agent of Exchange:

SIR: Your proposition of the 30th ultimo, to wit: "That all persons of the medical departments, distinctly know as such, held as prisoners on either side, shall be discharged, irrespective of number," is substantially a proposition that the Confederate authorities shall deliver to

22 R R-SERIES II, VOL VI