provisions of the cartel herein proposed not to be included in an exchange under a general cartel which may be adopted by the two Governments until formal notice has been given to the order party by the party wishing to include them in such general exchange.

Before any discontinuance of the cartel herein proposed notification of such intention shall be given to the other party and officers and men captured prior to such notification and those captured within ten days thereafter will be subject to the provisions of the cartel proposed herein.

This term of ten days being for the purpose of giving the party to whom the notice of cession of exchange and delivery as above-mentioned is sent ample time to receive it and adopt measures suitable to the new condition of things which would arise.

The cartel which may be adopted on the basis which I have proposed to be constructed on all occasions according to its spirit, and have propositions herein made are dictated by an earnest desire to militate as far as possible the sufferings of prisoners of war.

Very respectfully, your obedient servant,

WILL. M. LEVY,

Major and Commissioner in behalf of Major General R. Taylor, C. S. Army.

[Inclosure Numbers 5.]

FLAG OF TRUCE,

Near New Iberia, La., December 13, 1863.

Major W. M. LEVY,

Commissioner, &c., in behalf of Major General R. Taylor, C. S. Army:

MAJOR: I have to acknowledge the receipt of your communication of this date offering to deliver into Major-General Franklin's hands on parole the excess of prisoners captured from his command under certain conditions.

I have the honor to state that while I fully appreciate your humane desire to alleviate the sufferings which must of necessity attend the prisoners in your hands yet I cannot accept your proposal until further instructions have been received from Major General N. P. Banks, commanding Department of the Gulf.

As soon as he is heard from on the subject I shall have the pleasure of informing you in behalf of Major General W. B. Franklin through a flag of truce.

I am, sir, your obedient servant,

EDWARD L. MOLINEUX,

Colonel and Commissioner for Exchange of Prisoners

In behalf of Major General W. B. Franklin, U. S. Army.

HEADQUARTERS U. S. FORCES IN WESTERN LOUISIANA,
New Iberia, December 13, 1863.

Colonel E. L. MOLINEUX,

Acting Inspector-General, Commissioner for Exchange:

COLONEL; I have received your note of this morning and the two from Major Levy, which latter I return to you.

I think if safe to continue the arrangement for paroling the excess of prisoners who cannot be exchanged by getting them forward toward our lines, if such a movement has been commenced. So far as I am concerned I shall consent to any arrangement that will bring the prisoners into our possession, and which will not at the same time conflict with the orders of the War Department on the subject.