the arms, munitions of war, and all the appurtenances thereunto belonging, together with all public property that may be under their charge.

Second. It is agreed by Commander David D. Porter, commanding the mortar flotilla, that Brigadier-General Duncan and Lieutenant-Colonel Higgins, together with the officers under their command, shall be permitted to retain their side-arms, and that all private property shall be respected. Furthermore, that they shall give their parole of honor not to serve in arms against the Government of the United States until they are regularly exchanged.

Third. It is further agreed by Commander David D. Porter, commanding the mortar flotilla, on the part of the United States Government, that the non-commissioned officers, privates, and musicians shall be permitted to retire on parole, their commanding and other officers becoming responsible for them, and that they shall deliver up their arms and accouterments in their present condition, provided that no expenses accruing from the transportation of the men shall be defrayed by the Government of the United States.

Fourth. On the signing of these articles by the contracting parties the forts shall be formally taken possession of by the United States naval forces composing the mortar flotilla, the Confederate flag shall be lowered, and the flag of the United States hoisted on the flag-staffs of Forts Jackson and Saint Philip.

In agreement of the above we, the undersigned, do hereunto set our hands and seals.

DAVID D. PORTER,

Commanding Mortar Flotilla.

W. B. RENSHAW,

Commander, U. S. Navy.

J. M. WAINWRIGHT,

Lieutenant-Commander, U. S. Steamer Harriet Lane.

J. K. DUNCAN,

Brigadier-General, Commanding Coast Defenses.

EDWARD HIGGINS,

Lieutenant-Colonel, C. S. Army,

Commanding Forts Jackson and Saint Philip, La.

Witnessed by-

ED. T. NICHOLS,

Lieutenant-Commander, U. S. Gunboat Winona.

J. H. RUSSELL,

Lieutenant-Commander, U. S. Gunboat Kennebec.

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VOL VI