War of the Rebellion: Serial 119 Page 0942 PRISONERS OF WAR AND STATE, ETC.

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heard the sentinel on post 20 order somebody to go back to their quarters. Saw three prisoners outside of barracks. Heard them laughing as they returned to quarters as ordered. Saw them come out twice. Heard post 20 halt the deceased, who made some answer which he did not understand. Some little time elapsed, at least thirty seconds, between the order to halt and the firing. States that he had orders to shoot any prisoner who approached nearer than twenty feet of his post; that he is certain that time sufficient was given the deceased to return to quarters, after the order so to do was given, before the firing occurred.

By reference to the plat of Camp Morton you will observe that the sink in that portion of the camp is located at least 200 feet south of the northwestern angle of the inclosure, and in a direction from the northern extremity of Barracks A radically different from that which the prisoner was pursuing when shot. the prisoners in Barracks A had been ordered to close up the door mentioned above, as they could not be permitted to use it, but must use the door in the southern extremity of said barracks. The deceased could not have been ignorant of this order from the fact shown by the evidence that his comrades had been ordered back repeatedly by the guard when they showed themselves outside the barracks, which here approach very near to the fence. I am satisfied, from the evidence of the sentries, that it was the intention of the deceased and his comrades to rifle with the guards, if not to attempt an escape.

Very respectfully, your obedient servant,

A. A. STEVENS,

Colonel, Commanding Camp Morton.

Daniel S. Farrar asks if an oath or parole forced upon a non-combatant is bindings. *

[Indorsement.]

FEBRUARY 10, 1864.

Respectfully returned.

Paroles or bonds imposed by the enemy upon non-combatants are in violation of all the rules and usages of civilized warfare, and will n to be recognized or respected by this Government.

[RO. OULD.]

DALTON, February 11, 1864.

Major General G. H. THOMAS,

Commanding U. S. Army, Chattanooga:

GENERAL: I have had the honor to receive your proposal to exchange fifty of our wounded soldiers now in your hands for a like number of yours, which you suppose to be at Atlanta.

We have but forty-one wounded Federal soldiers at Atlanta, and their surgeon reports fourteen of them unable to bear removal. I accept your proposal for the others with pleasure, the exchange to be made at or near Graysville, and as soon after the arrival of the men, who have been ordered to this place, as may be convenient to you.

Most respectfully, your obedient servant,

J. E. JOHNSTON,

General, C. S. Army.

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*Farrar's communication not found.

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