measure of the penalty adjudged be enforced with energy and without abatement. It seems proper to remark that, although the President's and Secretary's orders were made early in August, the prisoner is still at Little Rock. It cannot but the deplored that the military authorities should be felt warranted in extending to so conspicuous a criminal a lenity which is without sanction as it is undeserved.

J. HOLT,

Judge-Advocate-General.

HEADQUARTERS DISTRICT OF WEST TENNESSEE,
Memphis, Tenn., November 22, 1864.

COMMISSARY-GENERAL OF PRISONERS, Washington, D. C.:

SIR: I have the honor to transmit herewith a list* of Federal troops paroled by the enemy at this point November 15, 1864, together with copies of the terms of capitulation entered into between their commanding officer and Major General N. B. Forrest, C. S. Army, upon which the paroles are granted.

Very respectfully, your obedient servant,

W. H. MORGAN,

Major and Assistant Adjutant-General.

[First indorsement.]

OFFICE COMMISSARY-GENERAL OF PRISONERS,

Washington, D. C., November 30, 1864.

Respectfully submitted to the Secretary of War.

The paroling of these officers does not seem to have been done in the spirit of the cartel and of recent orders from the War Department.

H. W. WESSELLS,

Brigadier General of Vols., Inspector and Com. General of Prisoners.

W. T. HARTZ,

Captain and Asst. Adjt. General (in General Wessells' absence.)

[Second indorsement.]

DECEMBER 2, 1864.

Without expressing any opinion upon the military necessities or propriety of entering into terms of capitulation as stated, the undersigned perceives no irregularity other than the fact that the terms of capitulation contain an express provision that General Washburn shall act, but this it is presumed is not important.

E. A. HITCHCOCK,

Major-General of Volunteers.

[Third indorsement.]

DECEMBER 23, 1864.

I consider these paroles as null and void and given in violation of positive orders.

H. W. HALLECK,

Major-General and Chief of Staff.

[Fourth indorsement.]

WAR DEPARTMENT, December 26, 1864.

The view of Major-General Halleck are approved, and the officers and men will be immediately ordered to duty.

By order of Secretary of War:

C. A. DANA,

Assistant Secretary of War.

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* Omitted.

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