War of the Rebellion: Serial 119 Page 1122 PRISONERS OF WAR AND STATE, ETC.

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1862, of January 12, 1863, and acts of C. S. Congress in regard to treatment of officers in command of colored troops and of their troops.

Officers and men (not slaves), even if serving with slaves in the U. S. forces, shall be treated as prisoners of war.

That slave captured shall not be treated as prisoners of war, and that a right exists, at the pleasure of the Confederate States, to return them when captured to their former owners, being in the Confederacy.

By slaves are meant persons held to life service by masters belonging within the States of Missouri, Alabama, Texas, Louisiana, Mississippi, Arkansas, Georgia, Florida, South Carolina, North Carolina, Virginia, Tennessee, and Kentucky.

Confederate States claim paroles of all officers and soldiers (not citizens) captured and paroled by commanding officers of armies and expeditions prior to July 3, 1863, as per general orders, prior to Order Numbers 207, and all captured and paroled by officers of armies since.

It may be granted, except as to persons in the military and naval service, paroled, who could not be held and brought away, and held in confinement by the forces upon such expeditions.

To this it is answered that the United States have claimed, and had allowed in exchange, paroled men captured on raids like Kilpatrick's first raid, who could not have been brought away by the expeditionary force; and, if practicable, would be willing to adjust accounts in that way from the beginning, but do not believe it to be practicable.

It is suggested that Order Numbers 207 shall apply only to paroles granted after a reasonable time for the order to have reached the commanding officer giving the parole, time to be judged of in each case according to his position and distance from Washington.

For the purpose of the cartel, who shall be held to be commanders of armies in the field, a definition is suggested that, in addition to the general meaning, it ought to include a besieging force and the commander of the fortified place besieged, also to commanders of detailed forces, acting for the time independently of headquarters, either by order or because of the necessity of warlike operations when it is in the power of the captor to hold and bring off his prisoners.

If is further suggested, when the captured party is disabled or wounded, so that his transportation would endanger life or limb, then his own parole should be represented if he is released.

In other respects cartel to be carried out, and exchange and parole to go forward according to provisions.

In all cases of condemnation to death, imprisonment at hard labor, or confinement in irons, except upon sentence of death, of any person in the military or naval service of either belligerent, before execution of the sentence, the copy of the records of the trial and conviction shall be submitted to the agent of exchange of the accused party; and unless a communication of an order of retaliation within fifteen days thereafter be made to the agent of exchange furnishing the records, no retaliation for such execution or other punishment shall be claimed or executed by the other party.

OFFICE COMMISSARY-GENERAL OF PRISONERS,

Washington, D. C., March 31, 1864.

Major General B. F. BUTLER,

Commissioner for Exchange, Fort Monroe, Va.:

GENERAL: By direction of the Secretary of War, I have the honor to inform you that Major Brent Kelley, U. S. Army, has reported himself