War of the Rebellion: Serial 119 Page 0388 PRISONERS OF WAR AND STATE, ETC.

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[Inclosure.]

Exchange Notice Numbers 7.

RICHMOND, VA., October 16, 1863.

The following Confederate officers and men are hereby declared duly exchanged:

1. All officers and men captured and paroled at any time previous to the 1st of September, 1863. This section, however, is not intended to include any officers, or men captured at Vicksburg July 4, 1863. except such as were declared exchanged by Exchange Notice Numbers 6, September 12,

1863, or are specifically named in this notice. But it does not embraced all deliveries at City Point or other places before September 1, 1863, and with the limitation above named all captured at Port Hudson or any other place where the parties were released on parole.

2. The staff of Generals Pemberton, Stevenson, Rowen, Moore, Barton, S. D. Lee, Cumming, Harris, and Baldwin, and of Colonel Reynolds, Cockrelland Dockery; the officers and men belonging to the engineer corps, and sappers and miners, and the Fourth and Forty-sixth Mississippi Regiments, all captured at Vicksburg July 4, 1863.

3. The general officers captured at Vicksburg July 4, 1863, were declared exchanged July 13, 1863.

RO. OULD,

Agent of Exchange.

HEADQUARTERS DEPARTMENT OF VIRGINIA,

Fort Monroe, October 17, 1863.

Honorable R. OULD, Agent of Exchange, Richmond, Va.:

SIR: On the 22nd of May, 1863, Lieutenant - Colonel Ludlow, then agent of exchange for the United States, inclosed you copies of General Orders, Numbers 49, and 100, of War Department, announcing

regulations and instructions for the Government of the U. S. forces in the field in the matter of paroles, stating that these orders and the cartel are to govern our forces. When the cartel conflicts with the orders they must be set aside. The cartel requires that prisoners of war shall be delivered at certain named places, and if they are not so delivered the paroles cannot be

valid.

In consequence of the usage which had governed both parties up to that time, instructions were subsequently issued that paroles given before the 22nd of May should be considered valid, though deliveries had not been made as required by the cartel.

In order to the putting in force these instructions it was not necessary to ask your consent. We were only bound to notify you that from that time the cartel would be rigidly adhered to by us and the same course would be exacted of the Confederate authorities. If you wish paroles recognized when the parties were not delivered at the place named in the cartel you "ask that paroles not in conformity with the stipulations of the cartel should be regarded as valid. "

I will now proceed to show you that your declaration of September 12 was not in accordance with the cartel. Your reference to acts of Lieutenant - Colonel Ludlow does not sustain you, for according to your own letter Lieutenant-Colonel L. was declaring an exchange to cover a "balance due" on declarations previously made by you.