the second paragraph of General Orders, Numbers 9, above quoted, as well in respect to the classes of prisoners (whether regular, volunteers or militia), paroled or otherwise, to which it is intended to apply as to the emoluments definitely to be allowed, and also the conditions if any upon which such allowances should be paid. The Fourteenth Article of War condemns of dismissal from the service an officer who shall sign a false certificate relating to pay. Under the conviction that officers and soldiers "who are or may be prisoners of war" are not permitted to retain during captivity either servants or horses it is most respectfully submitted for the earnest consideration of the Secretary of War whether allowing officers to sign pay certificates, including charges of forage for horses and wages for servants known not to have been kept at the time and place of their imprisonment, in order to obtain all the allowances in addition to pay and rations, is not in contravention to the policy and intent of the law, and further if the present be not a suitable occasion to attempt a return to the letter and spirit of the law in this respect.

With great respect, your obedient servant,

J. MADISON CUTTS,

Comptroller.

McCLELLAN'S HEADQUARTERS, October 3, 1862.

Major-General HALLECK:

General Stuart, of the rebel Army, has sent in a few of our prisoners under a flag of truce, paroled with terms to prevent their fighting the Indians, and evidently seeking to commit us to their right to parole our prisoners in that way. My inclination is to send the prisoners back with a distinct notice that we will recognize no paroles given to our prisoners by the rebels as extending beyond a prohibition against fighting them, yet I wish your opinion upon it based both upon the general laws and our cartel. I wish to avoid violations of law and bad faith. Answer as quickly as possible, as the thing, if done at all, should be done at once.

A. LINCOLN,

President.

WAR DEPARTMENT, Washington, October 3, 1862.

His Excellency the PRESIDENT,

Headquarters Army of the Potomac:

Your proposal to send back prisoners who have given an unauthorized parole accords with the general rule of war and I think there is nothing against it in the cartel. The enemy has no right to require any other then the usual parole-not to bear arms against the Confederate States during the war or until exchanged-nor have our prisoners a right to give any others.

H. W. HALLECK,

General-in-Chief.

WAR DEPARTMENT, Washington, October 3, 1862.

His Excellency the PRESIDENT,

Headquarters Army of the Potomac:

When I telegraphed you this morning I had only heard the cartel read by the Secretary of War. I have since examined the original

38 R R-SERIES II, VOL IV