public property of every description belonging to the United States, will be surrendered to maj. General A. P. Hill, commissioner appointed by Major-General Jackson, of the Confederate States Army.

The officers and men to be paroled, not to serve against the Confederate States until regularly exchanged. The officers to be allowed to retain their side arms and personal property.

II. It is also agreed upon the part of the two commissioners that these terms of surrender do not include those soldiers of the Confederate States who, having been regularly enlisted in the service of the Confederate States, have deserted the same, and taken service in the United States Army.

A. P. HILL,

Major-General, C. S. Army.

JULIUS WHITE,

Brigadier-General, U. S. Volunteers.

Brigadier-General White proposed the following, which is not admitted, viz:

Provided that no person shall be considered a deserter whose prior service against the United States has been compulsory.

Brigadier-General White therefore protests in the name of the United States against any construction of the terms of this capitulation other than as proposed by him.

A. P. HILL,

Major-General.

JULIUS WHITE,

Brigadier-General, U. S. Volunteers.

[Indorsement.]

SEPTEMBER 20, 1862

General White informs me that no one was derived under the second article.

L. THOMAS,

Adjutant-General.

ANNAPOLIS, September 22, 1862.

Brigadier General LORENZO THOMAS, Adjutant-General, U. S. Army:

GENERAL: I have the honor to state that, in my judgement, the public interests require an investigation into the causes of the recent surrender of Harper's Ferry, with the garrison stationed there, and do therefore respectfully request that a court of inquiry be ordered for the purpose.

Very respectfully, your obedient servant,

JULIUS WHITE,

Brigadier-General.

WASHINGTON, September 25, 1862.

Brigadier General LORENZO THOMAS, Adjutant-General:

GENERAL: Having been permitted to amend the report of the events which occurred at Harper's Ferry, including the surrender of that post, I respectfully submit the inclosed, which I ask may be appended and made a part of the report.

I am, general, very respectfully, your obedient servant,

JULIUS WHITE,

Brigadier-General, U. S. Volunteers.