LOUISVILLE, KY., November 3, 1862.

Major General W. S. ROSECRANS.

SIR: On the 21st of August last I was unfortunate enough to be captured as my report of the affair will show. I was soon paroled and visited Washington and reported to the Secretary of War, who at once gave me an order to Colonel Hoffman or any U. S. officer having charge of prisoners of war to make a special exchange for me on the basis of the cartel. This order I delivered to General Wright, who at once communicated with General E. Kirby Smith, from whom he received no answer. When General Buell arrived in this city he declared me exchanged and reported to General Bragg. The latter objected to the arrangement on the ground that he had no right or authority to act. General Buell suspended the order restoring me to duty and forwarded a communication and a copy of the cartel to General Bragg. In this communication General Buell claimed the right to make the exchange. No reply has been received to this communication and I am left idle in this place. I have made a report of all the facts to the Adjutant-General and requested him to have me exchanged at once. From this last appeal I have not heard, nor is it at all probable that I will until it suits the convenience of General Thomas or until my case comes regularly up. I am very anxious to return to duty, and if it be within your power to further my wishes I would respectfully request you to do so.

I might here say that I have been on duty with the Second Division, Army of the Ohio, since October, 1861. I feel that my duty calls me to the field, however humbly services may be, and feeling so, it is but natural that I should desire to be relieved from my present unfortunate position. I am not on parole by any fault of mine.

I am, sir, very respectfully, your obedient servant,

R. W. JOHNSON,

Brigadier-General of Volunteers.

OFFICE COMMISSARY-GENERAL OF PRISONERS,

Washington, D. C., November 3, 1862.

Honorable E. M. STANTON, Secretary of War, Washington, D. C.

SIR: I have the honor to call to your notice the inclosed letter from Surg. William Lomax, of the Twelfth Regiment Indiana Volunteers. It appears from this letter that the rebel generals in Kentucky have paroled a number of men as prisoners of war who never bore arms and some of them are of an age too advanced to bear arms. They have also in some cases in the paroles granted restricted our men from drilling in camp or serving on the Indiana frontier.

This brings up again the question of the construction which is to be put on the cartel, and I would respectfully suggest that it should be insisted on by us that the parole is given by the Government and not by individuals, as the cartel states that "the prisoners not exchanged shall not be permitted to take up arms again," &c., which clearly binds the Government and not the paroled men, and to enable the Government to meet this obligation it should be required of the enemy to furnish complete rolls of all soldiers paroled by them.

Such a construction would lead to great advantage to us, as the country is full of soldiers who have given their individual paroles and of whom it is very difficulty to gain any information. Besides it would