as I consider such a surrender as effective as an unconditional one; but under the cartel no one but a commanding general of an army in the field, which you are not, has the right to make such a negotiation, and your parole under the circumstances would not be valid. I have therefore to demand an unconditional surrender of your force. Your command will, of course, receive the treatment due to prisoners of war under the most favorable circumstances.

It is proper that I should state that certain movements have been commenced, which it will be impossible to check during the continuance of the flag.

The officer bearing this has permission to remain one hour at your pickets and bring your reply.

I have the honor to be, general, your obedient servant,

A. E. BURNSIDE,

Major-General, Commanding.

Numbers 27.

Report of Captain Rush Van Leer, Engineer Officer.

SIR: I have the honor to submit the following as a statement of facts respecting the surrender of the command under General Frazer, stationed at Cumberland Gap, Tenn.:

On the night of September-, I was requested by General Frazer to report at his headquarters immediately. Arriving at your office, I there met the commanders of the several regiments of his brigade. General Frazer stated he had called them together to inform them that he had been ordered to evacuate the gap, and I soon perceived the general opinion of the officers was opposed to evacuating, believing the place could be held against any force which might attack us in our immediate front, and I think General Frazer was of the same opinion. After a few moments' conversation on the merits of the position, General Frazer notified all present to hold themselves in readiness to evacuate. At the same time he would notify General Buckner that he had so many days' provisions on hand (the amount of provisions stated by him I have forgotten), and that with a sufficient amount of ammunition (which to my certain knowledge we greatly needed, as the ammunition we then had on hand was greatly damaged), and with this demand promptly complied with, he thought he could hold his position, provided his rear was taken care of. At the same time he would continue his arrangements for immediate evacuation unless he received orders to the contrary.

The following morning, September-, General Frazer remarked to me that he would remain at the gap. I was at the same time verbally ordered by General Frazer to continue strengthening the position with as much speed as possible. I was also ordered to construct an apparatus for conveying water from the spring in the valley on the south side of the mountain to the different points on the top of the mountain, where water would be so much needed in case of an attack on us. The troops would in case of an attack be entirely cut off from water but being without the requisite materials for constructing anything which would answer the purpose, I immediately reported the fact to General Frazer. He then ordered that water be hauled in barrels, with oxen, but he distance being about 1 1/2 miles