APPENDIX, Numbers 1.

HEADQUARTERS POST, Annapolis, Md., September 23, 1862.

GENERAL: My impression is that Colonel D'Utassy is too good a soldier to have compromised himself at Harper's Ferry.

I inclose a communication from Lieutenant Charles Graham Bacon, acting assistant adjutant-general, which I have no doubt is substantially correct.

If Colonel D'Utassy exonerates himself in this unfortunate affair at Harper's Ferry, I hope he will be released from arrest and ordered back to duty at the earliest practicable moment.

I am, sir, with great respect, your obedient servant,
DANIEL TYLER,

Brigadier-General, Commanding.

[Inclosure.]

HEADQUARTERS POST, Annapolis, Md., September 23, 1862.

Upon the afternoon of Monday, the 15th ultimo [instant], I was directed to call upon Brigadier General L. O'B. Branch, of the rebel army, and ascertain from him what disposition was to be made of the surrendered forces at Harper's Ferry, contained in the First Brigade, Colonel D'Utassy. I immediately proceeded to his headquarters, and learned that duplicate muster rolls would be required; that our regiments and batteries were to be drawn up as for muster, the roll to be called, men to answer, &c.; the form of parole then to be read to them, and the men, raising their right hands, to promise not to serve against the so-called Southern Confederacy until regularly exchanged; officers to sign individual paroles.

I returned to my colonel and reported. Rolls of the regiments and batteries were prepared, and in the case of my own (the Thirty-ninth Regiment) the names of no officers save those of company commanders were included.

At about 6 p. m. word was sent to General Branch that the muster-rolls of the brigade were ready, and we would feel obliged if he (General Branch) would come over and parole us, as he had said he would.

He came. The Thirty-ninth New York was formed in column of companies, non-commissioned staff in front, Colonel D'Utassy, Colonel Segoine, of the One hundred and eleventh, and Mr. Kent, correspondent of the New York Tribune, who was at the time acting in the capacity of private secretary to Colonel D'Utassy. I also accompanied them. When we reached the head of the column, General Branch was handed the muster-roll of the first company. Turning to Colonel D'Utassy, he remarked, "I suppose, colonel, you understand this parole as I do, viz, that you and your men understand you are not to go into a camp of instruction or drill until such time as you may be exchanged." Colonel D'Utassy immediately exclaimed, in an excited manner, "No, sir, I understand nothing of the kind. Such an understanding would not be correct. Suppose my Government desired to use this paroled force against the Indians of the Northwest, who are, like you, in a state of insurrection, would you, sir, consider that as a violation of our parole." "Well, no," said Branch, "I do not think I would" "Then, sir," said D'Utassy, breaking in, "in the present state of our forces here surrendered, some of whom are green troops, it might be necessary to place them in a camp of instruction. I must, therefore, sir, decline ac-