governed by the order, expecting by the affirmative answer which he hopes to draw from us to force upon us the acceptance of his interpretation, as if it were a part of the order itself, when we do not admit the propriety of his interpretation at all, and it is plain that a difference of opinion of this character can only be adjusted by the common laws of war as above stated. I therefore reiterate the opinion that the orders of our Federal generals are not in themselves proper subjects of discussion between the agents on the two sides, while all practices of armies in the field may become according to circumstances proper subjects for discussion, but all such questions should be decided upon common principles recognized by belligerents and not by a reference to mere orders issued by the generals of either party. With a view to facilitate measures for the release of prisoners of war held in Southern prisons I am clearly of opinion that everything but principles of importance should be conceded that may gratify the rebel agent of exchange, and I recommend that our agent be authorized to decide upon all questions on points of mere convenience, such as determining placed for the delivery of prisoners, &c., but that where principles are concerned a reference of all questions arising between the parties should be made to the War Department before being acted upon.

With respect to prisoners irregularly paroled by General Stoneman and by others about and since that time, the prisoners have not been received upon the rolls of Colonel Hoffman, and they have not been considered as on parole, and neither Colonel Hoffman nor myself know of any captures of that class by General Kilpatrick or others. This results from our adherence to the principles set out in Order Numbers 207, to which reference has been made above.

I think it necessary to say that it does not appear to me that Major-General Butler is likely to be so fully informed of the state of exchanges in the past, or since the interruption, as might be desirable in his intercourse with so ingenuous a diplomatist as Mr. Ould, and I would suggest that Colonel Hoffman has full and complete records, enabling him to give satisfactory answers to any legitimate question in relation to his duties.

I have the honor to be, very respectfully, your obedient servant,

E. A. HITCHCOCK,

Major-General of Vols., Commissioner for Exchange of Prisoners.

[APRIL 14, 1864. - For Butler to Grant, transmitting correspondence between Peck and Pickett relative to the execution of certain prisoners belonging to the Second North Carolina Regiment (Union), see Series I, Vol. XXXIII, pp. 865-870.]

WAR DEPARTMENT, Washington, D. C., April 14, 1864.

Major-General BUTLER, Fort Monroe, Va. ;

Your report respecting negotiations with Commissioner Ould for the exchange of prisoners of war has been referred to me for my orders. Until examined by me, and my orders thereon are received by you, decline all further negotiations.

U. S. GRANT,

Lieutenant-General.