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[ 2d Session. i \ No. 32. 
 
 EXCHANGE OF PrJSONERS. 
 
 i 
 
 LETTER 
 
 THE SECRETARY OF WAR 
 
 IN ANSWER TO 
 
 -1 nt^oliiUon <f the House of 21.v/ Dcccmher hi.st, rdatin: to the c.rchangc of 
 
 2>rison('rs of tear. 
 
 Taxl'arv 2;V 1865.— Hft'evifd to the Coinniittee on Military Atl'uir.s ami ordered to he printed. 
 
 War Departmeint, 
 Washivgton City, Junuary 21, 1865. 
 
 Sir : 111 answer to the resolution of the House of Representatives of the 21st 
 December, calling for the correspondence in reference to the exchangfe of prisoners, 
 I have the honor to submit herewith the report of the Adjutant General, together 
 with such communications upon the subject as have not heretofore been pub- 
 ished. 
 
 The correspondence of Major General Butler details the action in regard to 
 the exchange of prisoners under the authority conferred upon him by the order 
 of the War Department. 
 
 On the loth October the subject of exchanges was placed under the direction 
 of Lieutenant General Grant, with full authority to take any steps he might 
 leeni proper to effect the release and exchange of our soldiers, and of loyal per- 
 sons held as prisoners by the rebel authorities. He was instructed that it was 
 the desire of the I'resident that no efforts consistent with national safety and 
 lioiior should be spared to effect the prompt release of all soldiers and loyal 
 persons in captivity to the rebels as prisoners of Avar, or on any other grounds, 
 and the subject was committed to him with full authority to act in the premises 
 as he should deem right and proper. Under this authority the subject of ex- 
 changes has from that time continued in his charge, and such efforts have been 
 made as he deemed proper to obtain the release of our prisoners. 
 
 An arrangement was made for the supply of our prisoners — the articles to be 
 distributed under the direction of our own officers, paroled for that purpose; 
 ind the corresponding privilege was extended to the rebel authorities. In order 
 to afford every facility for relief, special exchanges have been offered whenever 
 desired on behalf of our prisoners. Such exchanges have, in a few instances, 
 
XGE OF PRISONEES. , t^ ^ 
 
 Z EXCHAN 
 
 been permitted by the rebel authorities, but iu many others they have been 
 denied. 
 
 A large number of exchanges, including all the sick, has been effected witliin 
 a recent period. The Commissary General of'Prisoners hasn bee directed to m;i.ke 
 a detailed report of all the exchanges that have been accomplished since the 
 general exchange ceased. It will Ije furnished to the House of Representative 
 as soon as completed. 
 
 The last communication of General Grant gives reason to believe that a fuL 
 and complete exchange of all prisoners will speedily be made. It also appears 
 from his statement that weekly supplies are furnished to our prisoners, and dis- 
 tributed by officers of our own selection. His letter is subjoined as follows : 
 
 " Hkaduuar TEits Armies of the United States, 
 
 " Washington, D. C, Jannarij 21, lS6->. 
 •' BlR : I have authorized Colonel Mulford, agent of exchange, to renew nego 
 tiations for the exchange of all prisoners now lield by either party. The fii's 
 interview between our agent and Colonel Quid, rebel agent, has already beei 
 had. No doubt but that an arrangement will be entered into. Indeed, on thi 
 strength of that interview, an exchange — limited one — is now going on nea 
 Richmond. i 
 
 " Yours, truly, j 
 
 " U. S. GRANT, Lieutenant General. \ 
 "Hon, E. ]\I. Stanton, 
 
 " ,^'errefar// of ^Var 
 
 " We are sending supplies to our prisoners at least weekly. They are receive 
 by officers of our own selection, (released federal prisoners,) who distribute ihei 
 as directed. 
 
 "U. S. G." 
 
 Supplies furnished by friends of prisoners are also forwarded for distributio 
 
 in the same manner. The nature of the supplies authorized to be furnished b 
 
 individuals is specified in the annexed order of the department. 
 
 Very respectfully, your obedient servant, 
 
 EDWIN M. STANTON, 
 
 Hon. Sc'HuvLKR Colfax, 
 
 Speaker of the House of Reprcsentntires. 
 
 Secretart/ of JVar. 
 
 General Orders, No. 299. 
 
 War Department, Adjutant General's Offk e, 
 
 Washington, Decemher 7, 1S64. 
 
 I. Brigadier General Joseph Hays, United States volunteers, and Color 
 Stephen M. Weld, jr., 5Gth Massachusetts volunteers, prisoners of war, are s 
 lected by the government of the United States as the officers to be placed 
 parole, agreeable to the arrangements entered into by Lieutenant General Grf; 
 and Commissioner Ould to receive and distribute to the United States prison( 
 of Avar such articles of clothing and other necessaries herein mentioned as mi 
 be issued by the government or contributed from other sources. 
 
 Should either General Hays or Colonel Weld be unable to perform th(, 
 duties. Colonel Thomas 11. Butler, 5th Indiana cavalry, and Lieutenant Coloi 
 Jolm A. Mann, 202d Pennsylvania volunteers, are designated as their alternati 
 
EXCHANGE OF TRISONEKS. 
 
 II. The United States government will forward to its prisoners of v/ar in the 
 south the following: articles: 
 
 Uniform hats, Flannel shirts, * Blankets, woollen. 
 
 Uniform caps, Drawers, Blankets, gum, 
 
 Uniform coats. Bootees, Commissary stores. 
 Uniform jackets, Stockings, 
 
 The friends of the United States prisoners of war confined in the south are 
 
 permitted to forward to them, hy fiag-of-truce boat or other authorized channel, 
 the followiujr articles : 
 
 Coats, 
 
 Underclothes, 
 
 Caps, 
 
 Suspenders, 
 
 Brushes, 
 
 Buttons, 
 
 Sewing cotton. 
 
 Pocket knives, 
 
 Steel pens. 
 
 Postage stamps. 
 
 Pipes, 
 
 Sirups, 
 
 Lard, 
 
 Bologna sausage 
 
 Pepper, 
 
 Salt llsh. 
 
 Pickles, 
 
 Dried fruit. 
 
 Apples, 
 
 Crockery, 
 
 Pants, 
 
 Socks, 
 
 Shoes, 
 
 Looking-glasses, 
 
 Combs, 
 
 Tape, 
 
 Pins and needles. 
 
 Paper, 
 
 Lead pencils. 
 
 Tobacco, 
 
 Snuff, 
 
 Family soap, 
 
 Smoked beef, 
 
 Corn meal. 
 
 Mustard, 
 
 Crackers, 
 
 Sauces, 
 
 Lemons, 
 
 ^latches. 
 
 Glassware, 
 
 Meats and hsh in cans 
 
 Vests, 
 
 Hats, 
 
 Handkerchiefs, 
 
 Towels, 
 
 Clothes brooms, 
 
 Thread, 
 
 Scissors, 
 
 Envelopes, 
 
 Penknives, 
 
 Cigars, 
 
 Crushed sugar, 
 
 Butter, 
 
 Beef tongue, 
 
 Nutmegs, 
 
 Table salt, 
 
 Cheese, 
 
 Vegetables, 
 
 Nuts, 
 
 Yeast powder, 
 
 Tinware, 
 
 III. All articles for prisoners of war will be forwarded to Colonel John E. 
 Mulford, agent for exchange of prisoners of war. Fort Monroe, W^irginia. 
 By order of the Secretary of War : 
 
 E. D. TOWNSEND, 
 
 Assistant Adjutajit General. 
 Official : 
 
 E. D. TOWNSEND, 
 
 Assistant Adjutant General. 
 
 War Dki'artaient, Aojutant General's Office, 
 
 Washington, January 21, 1865. 
 
 Sir : In compliance with your instructions I have the honor to submit here- 
 with copies of communications in reference to the exchange of prisoners of war, 
 called for by resolution of the House of Representatives, dated December 21, 
 1SG4. 
 
 The copies embrace correspondence between Lieutenant General Grant, g(;n- 
 eral-in- chief ; Major General Butler, commanding department of Virginia and 
 North Carolina; Majoi^ General Ilalleck, chief of staff; Major (ieneral Hitch 
 cock, commissioner, and Lieutenant Colonel Ludlow, agent for exchange of 
 prisoners, with General R. E. Lee, and Mr. Robert Ould, the commissioner of 
 the rebel government ; 
 
2 EXCHANGE OF PRISONERS. , l-[ ^ 
 
 beeu permitted by the rebel authorities, but in many others they have beei 
 denied. 
 
 A large number of exchanges, including all the sick, has been effected withiri 
 a recent period. The Commissary General of Prisoners hasn bee directed to make 
 A detailed report of all the exchanges that have been accomplished since the 
 general exchange ceased. It will be furnished to the House of Representative 
 as soon as completed. 
 
 The last communication of General Grant gives reason to believe that a ful 
 and complete exchange (tf all prisoners will speedily be made. It also appear, 
 from his statement that weekly supplies are furnished to our prisoners, and dis 
 tributed by officers of our own selection. His letter is subjoined as follows 
 
 " Headquarteiis Armies of the U.mited States, 
 
 " Washini^'to/t, D. C, Januainj 21, 1865. 
 
 •' BiR : I have authorized Colonel Mulford, agent of exchange, to renew nego 
 tiations for the exchange of all prisoners now held by either party. The fii'S 
 interview between our agent and Colonel Oald, rebel agent, has already beei 
 had. No doubt but that an arrangement will be entered into. Indeed, on th 
 strength of that interview, an exchange — limited one — is now going on nea 
 Richmond. 
 
 " Yours, ti uly, 
 
 "U. S. GRANT, hinitcnant General 
 "Hon. E. ]M. Stanton', 
 
 " t'crrctarij of War. 
 
 " We are sending supplies to our prisoners at least weekly. They are receive 
 by officers of our own selection, (released federal prisoners,) who distribute ihei 
 as directed. 
 
 "U. S. G." 
 
 Supplies furnished by friends of prisoners are also forwarded for distributid 
 
 in the same manner. The nature of the supplies authorized to be furnished b 
 
 individuals is specified in the annexed order of the department. 
 
 Very respectfully, your obedient servant, 
 
 EDWIN M. STANTON, 
 
 Secretarji of War 
 Hon. Schuyler Colfax, 
 
 SpeaJccr of the House of Representafives. 
 
 General Orders, No. 299. 
 
 War Defartment, Adjutant General's Office, 
 
 Washington, December 7, 1S64. 
 
 I. Brigadier General Joseph Hays, United States volunteers, and Culor 
 Stephen M. Weld, jr., 56th Massachusetts volunteers, prisoners of war, are i 
 lected by the government of the United States as the officers to be placed i 
 parole, agreeable to the arrangements entered into by Lieutenant General Gral 
 and Commissioner Ould to receive and distribute to the United States prison( 
 of war such articles of clothing and other necessaries herein mentioned as m 
 be issued by the government or contributed from other sources. 
 
 Should either General Hays or Colonel Weld be unable to perform th( 
 duties. Colonel Thomas II. Butler, 5th Indiana cavalry, and Lieutenant Coloi 
 John A. Mann, 202d Pennsylvania volunteers, are designated as their alternal|j 
 
EXCHANGE OF rELSONEE.S. 
 
 1 1. The United States government will forward to its prisoners of v»'ar in the 
 iilli the followinir articles : 
 
 Blankets, woollen, 
 Blankets, gnm, 
 Commissary stores. 
 
 iiiform hats, Flannel shirts, 
 
 iiit'orm caps. Drawers, 
 
 niform coats, Bootees, 
 
 iiiform jackets, Stockings, 
 
 Tlie friends of the United States prisoners of war confined in the south are 
 I iinitted to forward to them, by flag-of-truce boat or other authorized channel, 
 ic folio win"' articles : 
 
 ( 'nats, 
 
 I iidcrclothes. 
 
 Suspenders, 
 
 I'l rushes, 
 
 Hut tons, 
 
 S.wing cotton, 
 
 l''H'ket knives. 
 
 Si I'd pens, 
 
 I '"Stage stamps, 
 
 I 'ipes, 
 
 Sirups, 
 
 i.ud, 
 
 llologiia sausage 
 
 I'cpper, 
 
 Salt lish, 
 
 rirkles, 
 
 I hied fruit, 
 
 A]iple8, 
 
 ( 'iDckery, 
 
 Pants, 
 
 Socks, 
 
 Shoes, 
 
 Looking-glasses, 
 
 Combs, 
 
 Tape, 
 
 Pins and needles. 
 
 Paper, 
 
 Lead pencils. 
 
 Tobacco, 
 
 Snuff, 
 
 Family soap, 
 
 Smoked beef. 
 
 Corn meal. 
 
 Mustard, 
 
 Crackers, 
 
 Sauces, 
 
 Lemons, 
 
 Matches, 
 
 Glassware, 
 
 Meats and iish in 
 
 Vests, 
 
 Hats, 
 
 Handkerchiefs, 
 
 Towels, 
 
 Clothes brooms. 
 
 Thread, 
 
 Scissors, 
 
 Envelopes, 
 
 Penknives, 
 
 Cigars, 
 
 Crushed sugar, 
 
 Butter, 
 
 Beef tongue, 
 
 Nutmegs, 
 
 Table salt, 
 
 Cheese, 
 
 Vegetables, 
 
 Nuts, 
 
 Yeast powder, 
 
 Tinware, 
 
 HI. All articles for prisoners of war will be forwarded to Colonel John E. 
 Mulford, agent for exchange of prisoners of war. Fort Monroe, W^irginia. 
 liy order of the Secretary of War : 
 
 E. 
 
 Official : 
 
 D. TOWNSEND, 
 
 Assistant Adjutant General. 
 
 D. TOWNSEND, 
 
 Assistant Adjutant General. 
 
 War Department, Adjutant General's Office, 
 
 IVas/iington, January 21, 1865. 
 
 Sir : In compliance with your instructions I have the honor to submit here- 
 with copies of communications in reference to the exchange of prisoners of war, 
 called for by resolution of the House of Representatives, dated December 21, 
 1864. 
 
 The copies embrace correspondence between Lieutenant General Grant, gen- 
 eral-in- chief ; Major General Butler, commanding department of Virginia and 
 North Carolina; Majoi'* General Halleck, chief of staff; Major General Hitch 
 cock, commissioner, and Lieutenant Colonel Ludlow, agent for exchange of 
 prisoners, with Genei'al R. E. Lee, and Mr. Robert Ould, the commissioner of 
 the rebel government ; 
 
4 EXCHANGE OF PRISONEKS. 
 
 Between Major General Banks, commanding department of the gulf, and the 
 rebel Generals R. Taylor and Green, in Louisiana; 
 
 Between Major General Foster, commanding department of the south, and 
 the rebel General S. Jones, at Charleston ; 
 
 Also communications on the subject of exchanges, with Major Generals Canby, 
 at New Orleans, Buell and Burbridge, in Kentucky, Curtis, in Missouri, Rose- 
 crans, in Tennessee, Scheuck, at Baltimore, and Wm. T. Sherman, at Atlanta. 
 
 The correspondence extends over a period of time from June, 18G2. , 
 
 I am, sir, with great respect, your most obedient servant, I 
 
 E. D. TOWNSEND, 
 
 Hon. EnwiN M. Stan'jOiV, 
 
 iS'crrefar?/ of War. 
 
 Assistant Adjutant General. 
 
 llRADm'AHTERS ArMIES OF THE UnITED StATES, 
 
 Washington, D. C, January 21, 1865. 
 
 Sir : I have authorized (-olonel Mulford, agent of exchange, to renew nego- 
 tiations for the exchange of all prisoners now held by either party. The first 
 interview between our agent and Colonel Ould, rebel agent, has already been 
 had. No doubt but that an arrangement will be entered into. Indeed, on the 
 strength of that interview, an exchange — limited one — is now going on near 
 Richmond. 
 
 Yours, truly, 
 
 U. S. GRANT, 
 
 Licutrnant General. 
 Hon, E. M. Stantox, 
 
 Secretary of War. 
 
 We are seiqiJing supplies to our prisoners, at least weekly. They are received 
 by officers of our own selection, released federal prisoners, who distribute them 
 as directed. 
 
 U. S. G. 
 
 liEADQUAR'l'KRS ArMIES OK THE UNITED StATES, 
 
 Octoher 15, 1864. 
 
 General : A communication signed R. Ould, agent of exchange, dated Oc- 
 tober 7, instant, mailed at Fortress Monroe, and addressed to me, is herewith 
 referred to you, together with a })aper that accompanied it, bearing the same sig- 
 nature, dated October G, and addressed to Major John E. Mulford, assistant 
 agent of exchange. You are authorized and instructed to take such action in 
 reference to said papers and the subject-matter to which they relate as you may 
 deem best adapted to the relief of our soldiers held as prisoners by the rebels. 
 You are also authorized to take any steps that you may deem proper to effect 
 the release and exchange of our soldiers and all loyal persons held as prisoners 
 by the rebel authorities. 
 
 It is the desire of the President that no efforts consistent Avith national safety 
 and honor be spared to effect the prompt release of all soldiers and loyal persons: 
 in captivity to the rebels as prisoners of war, or on any other grounds ; and the 
 
EXCHANGE OF PKLSONEHS. 
 
 subject is committed to you Avitli full authority to act in the premises as you 
 shall deem right and proper. 
 
 My order of the President. 
 Lieutenant General Gra.\'i\ 
 
 True copy : 
 
 EDWIN M. STANTON, 
 
 Secre/ari/ of War. 
 
 Anjl TA.NT GfclXGliAL'.S OFFICE, 
 
 January 22, 1SG5. 
 
 K. D. TOWNSEND, 
 
 Assistant Adjutant General. 
 
 Co.XFEDERATE STATES OF AMERICA, 
 
 War Department, Richmond, Va., Octoher 7, 18G4. 
 
 Sir : On the Gth instaut I addressed the accompanying letter to Major John 
 E. Mulford, assistant agent of exchange. 
 
 I think it proper to notify you that I have done so in order that you may be 
 mad(! acquainted at an early date with the views of the confederate authorities 
 in relation to the matter to which that communication refers. 
 Respectfully, vour obedient servant, 
 
 RO. OULD, 
 
 Agen t of E.rcJt a ngc. 
 lion. Ei)\vi\ ]M. Sta\t()\, 
 
 Secretary of War. 
 
 [I-^iuloisciiieiit. ] 
 
 October 15, 18G4. 
 
 Referred to liieutcnant Crcneral Grant, witli authority to act upon the subject 
 in suclfc manner as he may deem proper, and with authority to take such measures 
 as he deems consistent with national honor and safety, for the_release of jxll 
 soldiers and loyal persons held by the rebels in captivity. '^ 
 
 EDWIN ]\I. STANTON, 
 
 Secretary of War. 
 A true copv : 
 
 E. 1). TOWNSEND, 
 
 Assistant Adjutant General. 
 
 Confederate State.s of America, 
 War Department, Richmond, Va., Octoher 6, 1864. 
 
 Sir : As it appears to be more than probable that a large number of prisoners 
 will be held in captivity by both belligerents during the coming winter, the 
 cause of humanity, to which, though foes, we all owe a common allegiance, 
 demands that some measures should be adopted for the relief of siicli as are 
 held by either party. To that end I propose that each government shall have 
 the privilege of forwarding, for the use and comfort of such of its prisoners as 
 are held by the other, necessary articles of food and clothing. The manner of 
 their distribution, with all proper safeguards, can be agreed upon in the future. 
 A fair reciprocity is only asked. 
 
 The articles that can be mutually sent can also be made the subject of agree- 
 ment. I propose that each ma^' send necessary clothing and blankets, and ra- 
 tions of meat, bread, coffee, sugar, tobacco, pickles, and vinegar. I would sug- 
 
6 EXCHANGE OF PEISONERS. 
 
 gest tliat the receipt of the stores and their distribution among the prisoners for 
 whom they are intended might be authenticated by the certificate of the senior 
 officer at the respective camps or depots. 
 
 In order to carry out this arrangement with effectiveness, it would be neces- 
 s ary that we shoidd make purchases outside the limits of the (Confederate States, 
 and then to ship them to one of your ports. It would be impracticable to send 
 t he stores by your flag-of-truce boats. 
 
 Of course the supplies referred to in this communication are to be considered 
 as being in addition to such rations as are furnished by the government which 
 has the prisoners in custody. Neither belligerent is to be discharged from the 
 obligation of feeding and clothing the prisoners in its charge. 
 
 This is a matter of such grave importance that I sincerely trust an early and 
 favorable response will be made. 
 
 Respectfully, your obedient servant, 
 
 no. OULD, 
 
 Agent of Excliange.. 
 Major John E. Mulford, 
 
 Assistant Agent of ILxehange. 
 
 Adjutant General's Office, 
 
 January 21, 18G5. 
 A true copy : 
 
 E. D. TOWNSEND, 
 
 Assistant Adjutant Gericral. 
 
 [relegnuu. — Time sent, 10.40 p. ra] 
 
 Office United States Military Telegraph, 
 War Department, Washington, D. C, April 14, 18G4. 
 Major General Butler, Fori Mojiroe, 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. 
 True copy : 
 
 A. E. H. JOHNSON. 
 
 [Telegram. — Received in cypher.] 
 
 Fort Monroe, \s , April 20, 1864. 
 Lieutenant General Grant, Washington, T). C: 
 
 Instructions in regard to exchange of prisoners received and will be implicitly 
 followed. I assume, however, that they are not intended to interfere with the 
 special exchanges of sick and wounded prisoners on one side and the other i 
 now going on. 
 
 BENJ. E. BUTLER, 
 
 Major General Commanding. 
 True copy : 
 
 A. E. H. JOHNSON. 
 
EXCHANGE OF PRISONERS. 
 
 [Telegram. — Time sent, 9.30 p. m.J 
 
 Office United States Military Telegraph, 
 War Department, Wasltingto//, D. C, April 20, 1864. 
 Major (Jeifbral Butler, Fort Monroe, Va.: 
 
 Ileceive all the sick and wounded the confederate alfthorities will send you, 
 but send no more in exchange. 
 
 U. S. GRANT, 
 
 Lieuiciiant General. 
 'Yywq copy : 
 
 A. E. H. JOHNSON. 
 
 Headquarters Armies of the United States, 
 
 City Point, Va., December 30, 1864. 
 I have the honor to transmit herewith copies of correapondenee between 
 Judge Ould and myself upon the matter of supplying blankets to our prisoners 
 at and in the vicinity of Richmond; also letters relating to the general supply- 
 ing of prisoners upon both sides, and the shipment of confederate cotton from 
 ]\Iobile. 
 
 I am. very respectfuUv, vour obedient servant, 
 
 U. S. GRANT, 
 
 Lieutenant General. 
 Hon. E. ;M. Stanton, 
 
 Secretary of War. 
 
 Adjutant General's Office, 
 
 ■January 22, 1865. 
 True copy : 
 
 E. D. TOWN SEND, 
 
 Assistant Adjutant General 
 
 Headquarters Armies of the United States, 
 
 City Point, Va., Decemher 24, 1864. 
 Sir : I am informed that there is quite a number of federal prisoners in Rich- 
 mond who are suffering for want of proper clothing. 1 would respectfully re- 
 quest the authority to send for their benefit a few hundred blankets, and 
 ask that a commissioned officer from among the prisoners be allowed to receive 
 and distribute them. If my request in this matter be acceded to, 1 will be 
 pleased to learn at wJiat point and at what time they Avill be received, and the 
 name of the officer designated to receive the clothing. 
 Very respectfully, your obedient servant, 
 
 U. S. GRANT, 
 
 Lieutenant General. 
 Judge Ro. Ould, 
 
 Agent of E.cchange. 
 
 Adjutant General's Office, 
 
 January 22, 1865. 
 
 True copy : 
 
 E. D. TOWNSEND, 
 
 Assistant Adjutant General. 
 
EXCHANGE OF PRISONERS. 
 
 Richmond, Va., Dcrcmher 27, 18G4. 
 
 Sfr : Your uote of the 24th instant is received. You can send as many blankets 
 for the benefit of the federal prisoners in Iliclnnond as you may think proper. It' 
 you choose you may send others for those confined in other places. iThe blan- 
 kets will be received atgBoulwarc's wharf, (otherwise known as the " Grave 
 yard,") on James river. In order to give you sufficient time, I would suggest 
 next Saturday, the 31st instant, at one o'clock p. m., as the day and hour when 
 the articles Avill bo received. The four officers highest in rank, (not in hospital,) 
 now at the Libby, are Lieutenant Colonel Ilutchins, 1st New Hampshire 
 cavalry; Major W. N. Owens, 1st Kentucky cavalry; Captain J. M. Wallace, 
 3d Delaware ; and Captain J. M. Watson, 2d New York mounted rifies. You 
 can select either one of them as the consignee. I will deliver the blankets to 
 him, taking his receipts in duplicate, one of which I mmII forward to you. He 
 and as many assistants as he may need will be given such a parole as will ena- 
 ble them to discharge their duty effectively. Every reasonable and proper 
 effort will be made by the confederate authorities to secure such a distribution 
 as you may desire. By using the word " blankets" I do not wish to be under- 
 stood as limiting the supplies to that article. 
 Respectfully, your obedient servant, 
 
 RO. OULD, 
 Agent of Exchange. 
 
 Lieutenant General U. S. Grant. 
 
 Adjutant General's Office, 
 
 January 22, 1S65. 
 True copy: 
 
 E. D. TOWNSEND, 
 
 Assistant Adjutant General. 
 
 Headquarters Armies of the United States, 
 H Citij Point, Va., December 28, 1864. 
 
 Sir : I will cause one thousand blankets to be conveyed on the 31st to the 
 point indicated by your communication of the 27th instant. The blankets will 
 be consigned to the care of Lieutenant Colonel Hutchins, 1st New Hampshire 
 cavalry, for distribution among prisoners of war (federal) confined in Richmond 
 and vicinity. 
 
 Very respectfully, your obedient servant, 
 
 U. S. GRANT, 
 
 Lieutenant General. 
 Judge R. Oui.D, 
 
 Agent of Exchange. 
 
 Official copy : 
 
 E. D. TOWNSEND, 
 
 Assistant Adjutant General. 
 
 Headquarters Armies of the United States, 
 
 City Point, Va., December 28, 1864. 
 [Special Orders, No. 151>.] 
 IIII. Major General B. F. Butler, commanding army of the James, will 
 send forward and deliver to Judge R. Ould, agent of exchange, C. S. A. 
 
EXCHANGE OF PKIS0NEK8. 9 
 
 at Boulware'.s whaif, on the James river, at 1 o'clock p. m., Saturday, Decem- 
 ber 31, 1864, one thousand army bhmkets, consigned to Lieutenant Colonel 
 Hutchins, Ist New Hampshire cavalry, for distribution to federal prisoners of 
 war confined at Richmond and vicinity. 
 
 By command of Lieutenant General (Irant. 
 
 T. S. BOWERS, 
 As<iWavt Adjutant General. 
 Official ; 
 
 T. S. BOWERS, 
 Ar-sistani Adjutant Genera/. 
 
 Adjutant Gkxeral's Office, 
 
 January 22, 18G4. 
 True coj)y : 
 
 E. I). TOW^NSEND, 
 
 Assistant Adjutant General. 
 
 Headquai'vTkk.s Armies ok the Umtku States, 
 
 City Point, Va., December 28, 1864. 
 
 l^lease instruct Lieutenant Colonel Hutchins, 1st New Hampshire cavalry, 
 consignee of blankets for federal prisoners at Richmond, to be sent throi:gh 
 Judge Ould, on the 31 st instant, to distribute said blankets among such of our 
 prisoners at Richmond as may be without blankets, at the rate of one to each 
 ofhcer and enlisted man. Such of them as are already supplied with that num- 
 ber will not be furnished additional ones. Should Ik; have any on hand after 
 sup])ljing our prisoners at and in the vicinity of Richmond, he will procm-e 
 them to 1)0 sent and distributed in like manner among our prisoners at the 
 nearest point to Richmond where he may have any. 
 Bv command of Lieutenant General Grant. 
 
 JOHN A. RAWLINS, 
 Brigadier General ond Chief r^ >^!e/Jf'. 
 Major General 11 E. Bitlek, 
 
 Commanding Army of the James. 
 
 Ofhcial : 
 
 T. S. BOWERS, 
 
 Assistant Adjutant General. 
 
 Adjitant General's Office, 
 
 January 22, 1865. 
 True copy : 
 
 E. L). TOWNSEND, 
 
 Assistant Adjutant General. 
 
 Richmond, Va., December 27, 1864, 
 Sir: I have received Brigadier (Jencral William N. R. Beall's letter and 
 
 your endorsement thereon. 
 
 If yon will refer to my letter of the 11th of November la:^t, addressed to 
 
 yourself, you will find this ])aragraph, to wit: 
 
 " The reception of supplies, and their subsequent distribution among the 
 
 prisoners on both sides, shall be certified by a committee of officers confined in 
 
 the prisons so supplied. Such a parole will be given to such officers as will 
 
10 EXCHANGE OF PRISONERS. 
 
 enable tliem to cany out this agreement with due facility. They will report, 
 through the proper agents, their proceedings to their respective governments." 
 
 When I framed the foregoing paragraph, my idea was that a committee of 
 three from each prison on both sides would be selected and paroled to attend 
 to the distribution at the prison to which the committee belonged. That 
 seemed to me to be the J^st plan. If it was carried out there would be on 
 each side three times as many persons selected as there were prisoners. I now 
 again respectfully suggest that this plan be adopted. 
 
 If you desire that six or more federal officers shall be paroled to attend to 
 the rcccjition of such sufjulies as you may send, it will be done, although I do 
 not see the necessity for any such number. It will take more to attend to the 
 distribution. As many will be paroled for the latter purpose as you desire. 
 
 I take it for granted that when supplies are sent they will be consigned to 
 some one named party. He will give duplicate receipts for the same, one of 
 which will be forwarded to your government. If it does not correspond to the 
 invoice, some irregularity will have intermediately taken place, which can be 
 detected and corrected. 
 
 The consignee and two others (to be named by him if you choose) will 
 attend to the distribution at the particidar prison, and will forward a certificate 
 of that fact to their government. It seems to me that this plan is simple, and 
 will be effective. If you will suggest any other, or any addition to the fore- 
 going, which will more effectually carry out the views of both parties for the 
 speedy and certain relief of prisoners on both sides, it will be cheerfully 
 adopted by our side. You may rest assured that the confederate authorities 
 will consent to any measure that will best secure the end proposed. If this 
 plan is adopted, it would be well to have at least three officers at each prison, 
 on both sides. 
 
 Respectfully, your obedient servant, 
 
 Lieutenant General U. 8. Guant, f/. N. A. 
 A true copy : 
 
 RO. OULl), 
 
 Agent of Kxc?iange. 
 
 T. S. BOWERS, 
 
 Assistant Adjutant General. 
 
 AujuTAM" General's Office, 
 
 January 22, ISGo. 
 
 True copy : 
 
 E. I). TOWNSEND, 
 
 Assistant Adjutant General. 
 
 Headui'arters Armies of the United States, 
 
 City Point, Va., December 28, 1864. 
 Sir: Your communication of the 27th instant, acknowledging receipt of 
 Brigadier General AVilliam N. R. Beall's letter, is received. I think no better 
 plan than that proposed by you for the distribution of contributions for prisoners 
 of war can be devised, viz : 
 
 "The reception of sup])lies, and their subsequent distribution among the 
 ])risoners on both sides, shall be certified by a committee of officers confined in 
 th(> prisons so supplied. Such a parole will be given by such officers as will 
 
EXCHANGE OF PRISONERS. 11 
 
 enable tlicm to cany out this agreement witli due facility. They will report^ 
 through the proper agent, their proceeding to their governments." 
 
 As I understand it, under this arrangement, but one officer of each party will 
 be necessary, as a general ag'cnt, to receive all supplies. 
 
 This general agent will consign such supplies to some one named officer at 
 such prison to be supplied, and see that they reach siyjh officers. 
 
 The consignee, with two other officers, to be selected^ by him, will constitute 
 a committee to attend to the distribution for that particular prison, and will for- 
 ward a certified statement of the amount received and distributed to their 
 respective governments through their proper agents. 
 Respectfully, &;c., 
 
 U. S. GRANT, Lieut. General. 
 
 Judge Ro. Ol.'LL), Age7it of E?ccliangc. 
 
 Official copy : 
 
 True copy : 
 
 T. S. BOWERS, Asnst. Adjt. General. 
 
 Adjutant General's Office, 
 
 January 22, 1865. 
 
 E. D. TOWNSEND, Assist. AJjf. General. 
 
 Richmond, Va., Deceynher 27, 1864. 
 
 Sir : I have received information from Mobile, of the date of the 25th instant^ 
 that the thousand bales of cotton were on board of a steamer at that place, 
 waiting for a declaration of readiness on the part of the federal authorities to 
 receive the same. Before the receipt of that information, I was strongly in 
 hopes that the cotton was on its way to New York. If, in any manner, you 
 can hasten the time of its reception on board a federal vessel, I will be obliged 
 to you. 
 
 Respectfully, your obedient servant, 
 
 RO. OULD, Agent of Exeliange. 
 
 Lieutenant General U. S. (tRant, 
 
 United States Army. 
 
 A true copy : 
 
 T. S. BOWERS. Assist. Adjt. General. 
 
 Adjutant General's Office. 
 
 January 22, 1865. 
 True copy : 
 
 E. D. TOWNSEND, Assist. Adjt. General. 
 
 Headquarters Armies of the United States, 
 
 City Point, Va., December 28, 1864. 
 
 Sir: Immediately on receipt of yours yesterday, in relation to cotton being 
 on board steamer at Mobile, waiting notice of readiness on the part of the 
 United States authorities to receive it, I telegraphed to the Secretary of War 
 as follows : 
 
 "Judge Ould informs me that one thousand bales of cotton were on ship- 
 board at Mobile on the 25th, waiting a declaration of readiness on the part of 
 
12 EXCHANGE OF PRISONERS. 
 
 the federal authorities to receive the same. I supposed the commanding officer 
 at Mobile had been notified long ago to receive the cotton, when offered, and 
 that it had been received in New York before this. Will you please have the 
 notice given now?" 
 
 I think there has been blundering elsewhere than at Wasliington, All the 
 correspondence between General Lee, you, and myself, has been promptly for- 
 warded there, and I have "never received notice of disapproval of any part of my 
 course. I immediately, on notifying you that your request to ship one thousand 
 bales of cotton from Mobile was acceded to, I telegraphed, or Avrote, to Wash- 
 ington, asking notice to be sent to the federal commander in Mobile bay of this 
 agreement, and to insti'uct him to notify, under flag of truce, the commanding 
 officer in Mobile his readiness to receive the cotton whenever the latter was 
 ready to deliver it. 
 
 llespectfully, &c., 
 
 Judge llo. Ol'l-D, Agent of E.rcha-nge. 
 Official : 
 
 U. S. GRANT, Lieut. General. 
 
 T. S. BOWERS, Assist. Adjt. General. 
 
 Adjutant General's Office, 
 
 January 22, 1865. 
 
 True copy : 
 
 E. 1). TOWN SEND, Assist. Adjt General. 
 
 UNITED STATES MILITARY TELEGRAPH. 
 
 [Ry telegraph tVoni Wasljing-toii. — Dated December 29, 1864.] 
 
 To Lieutenant General Grant: 
 
 General Halleck informs me the necessary notice and orders in respect to the 
 cotton were forwarded some time ago, in duplicate, to Generals Oanby and 
 Granger. Thev are repeated to-day. 
 
 EDWIN M. STANTON, 
 
 Secretary of War. 
 
 Headquarters Armies of the United States, 
 
 Tn Field, City Point, Va., December 30, 1864. 
 Official copy resi^ectfully forwarded for information of Judge R. Ould, agent 
 of exchange C. S. A. 
 
 U. S. GRANT, Lieut. General. 
 Official : 
 
 T. S. BOWERS, Assist. Adjt. General. 
 
 Adjutant General's Office, 
 
 January 22, 1865. 
 True cojiy : 
 
 E. D. TOWNSEND, Assist. Adjt. General. 
 
EXCHANGE OF PRISONERS. 13 
 
 Headquarters of the Arimv, 
 
 WasJiington, D. C, Jamiary 23, 1865. 
 Hon. E. M. Stanton, Secretary of War : 
 
 Sir : In compliiincc with your instructions, I submit liorcwith copies of all 
 papers and correspondence filed at these headquarters in relation to exchange 
 of prisoners of war. (f^ 
 
 Very respectfully, your obedient servant, 
 
 H. W. HALLECK, 
 Major General, Cltief of Sloff. 
 
 MISCELLANEOUS. 
 
 McClellan's Headul'arters, 
 
 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. ]\Iy inclination is to send the prisoners back, with a distinct notice that 
 we will recognize no parole given to our prisoners by the rebels as extending 
 beyond a prohibition against fighting them. Yet I wish your opinion upflii it, 
 based both upon the general law and our cartel. 1 wish to avoid violations of 
 law and bad faith. Answer as quick as possible, as the thing, if done at all, 
 should be done at once. 
 
 A. LINCOLN. 
 
 H. Q. A., January G, 1865. Official : 
 
 D. C. WAGER, .1. A. G. 
 
 Headquarters of the Ar.mv, 
 
 Washing ton, D. C, October 3. 1862. 
 
 To the President, McClellan's Headquarters : 
 
 Your proposal to send back prisoners who have given an unauthorized parole 
 accords with the general rule of Avar, and, I think, cartel. The enemy has no 
 right to require any other than the usual parole, '* not to be.ar arms against the 
 Confederate States during the war or until exchanged," nor have our prisoners 
 a right to give any other. 
 
 11. W. HALLECK, Gencral-in-Ch'uf. 
 
 II. Q. A., January 6, 1865. Oflicial : 
 
 I). C. WAGER, A. A. G. 
 
 Headquarters of the Aumv, 
 
 Washington, D. C, October 3, 1862. 
 To the President, Mc CI el I em's Headquarters : 
 
 When I telegraphed you this morning I had only heard the cartid read by 
 the Secretary of War. I have since examined the original document, and with- 
 draw my opinion for further consideration. I am disposed to think the parole 
 i.s made by the cartel to include all military duty. 
 
 H. W. HALLECK, General -in- Chief 
 
 II. Q. A., January 6, 1865. Official : 
 
 D. C. WAGER, A. A. G. 
 
14 EXCHANGE OF PRISONERS. 
 
 I 
 
 Headquarters of the Army, 
 
 Washington, D. C, October 4, 1S62. 
 
 To the President, General McC/cl/an's Headquarters: 
 
 After full consultation with Secretary of War and Colonel Holt, it is con- 
 cluded that the parole imder the cartel doe.s not prohibit doing service against 
 the Indians. 
 
 H. W. IIALLECK, General-m-C/iief. 
 
 U. Q. A., Januanj G, 186-5. Official: 
 
 1). C. WAC4E11, A. A. G. 
 
 Jacksoiv, Tennessee, October 7, 1862. 
 Major General Halleck: 
 
 What shall be done with prisoners taken in the late engagement? 
 
 U. S. GRANT. 
 
 11. Q. A., January 6, 1865. Official : 
 
 U. 0. WAGER, A. A. G. 
 
 ^ HEAnaUARTERS OF THE ARiMV, 
 
 Washington, D. C, October 8, 1862. 
 Major General Grant, Jackson: 
 
 Prisoners of war will be paroled and delivered to the enemy at some point 
 within his lines. A receipted list must be taken in duplicate, and one copy 
 sent to adjutant general, in order to effect an exchange. * * * 
 
 II. W. HALLECK, Goural-in-Chief. 
 
 H. Q. A., January 6, 1865. Official : 
 
 1). C. WAGER, A. A. G. 
 
 Lebanon, Ky., October 23, 1862. 
 Major General IIalleck : 
 
 As I understand the cartel for exchange of prisoners, either party may, with-' 
 out considting the other, release from parole and return to duty any of its 
 prisoners of war whenever it turns over an equivalent of paroled prisoners to 
 the other. Am I right ? 
 
 D. C. BUELL. 
 
 H. Q. A., Javuarij 6, 1865. Official : 
 
 1). C. WAGER, A. A. G. 
 
 Headquarters of the Army, I 
 
 Washhigton, D. C, October 23, 1862. 
 Major General Buell, Lebanon : 
 
 See last clause of article 7 in connexion with article 5 of cartel for exchange 
 of prisoners. On delivering prisoners at a point agreed upon, you can release 
 from pai-ole an equivalent of your own. 
 
 H. W. HALLECK, General-in-Chief. 
 
 H. Q. A., Januani 6, 1865. Official : 
 
 D. C. WAGER, A. A. G. 
 
EXCHANGE OF PlilSONEKS. 15 
 
 WASHh\(iTO\, D. C, Dcccmher 30, 1862. 
 Major General Ci'RTl.s, St. Louis: 
 
 No offieertJ pri.-^oners of war will be released on parole till further ordeis. 
 
 H. W. IIALLECK, General -in- Chief. 
 Same to General Wkioht, CiHcianad ; General Rosecrans, Nashville; 
 General Grant, Mississippi; General ScHKiVCK, Balti7nore ; General Dix, 
 Fort Monroe; General Fostkr, Xewhcrn; General Banks, Neiv Orleans. 
 
 H. Q. A., January G, 1865. Otlicial : 
 
 1). C. WAGER, A. A. G. 
 
 Hkadquarters of the Army, 
 
 M'afhington, D. C, January 4, 1863. 
 Major General Curtis, &t. Louis: 
 
 It irt understood that the rebel government has refused to parole and exchange 
 our officers. Wc shall neither parole nor send forward for exchange any more 
 officers till this question is settled. 
 
 ********* 
 
 H. ^^'. IIALLECK, General-in-Chief. 
 
 IL Q. A., Januanj 6, 186.3. Official: 
 
 D. C. WAGER, .1. A. G. 
 
 , Headquarters of the Army, 
 
 Washington, D. C, January 21, 1863. 
 
 Lieutenant Colonel Ludlow, Fort Monroe : 
 
 The Secretary of War directs that you retain Surgeon J. C. Green as a 
 hostage for Surgeon Rucker. 
 
 Confederate officers will not, for the present, be e.xchanged for specific 
 equivalents. 
 
 II. W. H ALLEGE, General- in- Chief. 
 
 II. (^). A., January 6, 186-5. Official : 
 
 D. C. WAGER, A. A. G. 
 
 Fort Mo.xroe, January 23, 1863. 
 Colonel ,L C. Kelto.n, A. A. G. : 
 
 We have three confederate officers confined at Fort Norfolk. Shall they be 
 paroled and sent to Richmond to be exchanged for specific equivalents of our 
 officers confined tlu^re, or return in ten days ? 
 
 WM. N. LUDLOW, 
 
 hieutenant Colon/ 1, Sfr. 
 
 U. Q. A., January 6, 1865. Official : 
 
 D. C. WAGER, A. A. G 
 
16 EXCHANGE OF PRISONERS. 
 
 St. Louis, January 24, 1863. 
 Major General Halleck : 
 
 I have formerly discharged prisoners of war who seem worthy and willing to 
 renounce rebel service, no United States order conflicting. I ask the dis- 
 cretionary power; some two hundred of the Murfreesboro' prisoners desire to 
 take the oath. 
 
 S. U. CURTIS, Major General. 
 
 H. Q. A., January G, ISGo. Qtlicial : 
 
 D. C. WAGER, A. A. G. 
 
 Headquarters of the Army, 
 
 Washington, D. C, January 25, 1863. 
 Major General Curtis, 67. Louis : 
 
 Prisoners of war (not officers) who ask to take the oath of allegiance may, 
 in your discretion, be released. 
 
 H. W. HALLECK, General-in-Chief. 
 
 H. Q. A., January 6, 1865. Official : 
 
 D. C. WAGER, A. A. G. 
 
 Baltimore, February 3, 1863. 
 
 Major General Halleck, Gcncral-in- Chief : 
 
 Not remembering the extent of your verbal instructions, I repeat the ques- 
 tion. Shall rebel surgeons be refused parole under the order of December 30 ? 
 
 ROBT. C. SCHENCK, Major General. 
 
 H. Q. A., January 6, 1865. Official: 
 
 D. €. WAGER, A. A. G. 
 
 Headquarters of the Army, 
 
 Washington, D. C, February 3, 1863. 
 
 Major General SrimNCK, Baltimore : 
 
 Rebel surgeons, prisoners of war, are to be treated as provided in the cartel, 
 so long as the enemy observes the cartel in respect to medical officers. 
 
 H. W. HALLECK, General-in-Chief. 
 
 H. Q. A., January G, 1865. Official: 
 
 1). C. WAGER, A. A. G. 
 
 Cincinnati, February 17, 1863. 
 Major General H. W. Halleck, General-in-Chief: 
 
 Colonel Lynch, commanding at Camp Butler, telegraphs that General Curtis 
 has instructed him to release rebel prisoners upon their taking oatli of allegi- 
 ance. (.<amp Butler being in this department, Colonel Lynch refers the matter 
 jierc! for instructions. Wliat shall be done ? 
 
 H. G. WRIGHT, Major General. 
 H. Q. A., Januan/ 6, 1865. Official : 
 
 ]). C. WAGER, A. A. G. 
 
EXCHANGE OF PRISONERS. 17 
 
 Headquarters ok the Army, 
 
 Washing/on, D. C, February 17, 1863. 
 
 Major General AVrksiit, CincinnaU : 
 
 Rebel prisoners, who do not wish to be exchang-ed, and offer to take the oath 
 of allegiance, are released when, upon proper examination and evidence, it is 
 believed that they are sincere in this course. If there is good r(!ason to doubt 
 jtheir sincerity, they will not be released. 
 
 H. W. HALLECK, GcneraUn- Chief. 
 
 H. Q. A., Januanj 6, 18G5. Official: 
 
 D. C. WAGER, A. A. G. 
 
 Fort Monroe, Va., Fchruary 19, 1863. 
 Major General Halleck, General-in-Chief : 
 
 I have just returned from City Point from a conference with Mr. Ould. The 
 legislature of Virginia will overrule Governor Letcher in his late attempts at 
 retaliation in imprisoning his officers, and will transfer to the confederate au- 
 thorities, where it properly belongs under the cartel, all matters connected with 
 exchange of prisoners. 
 
 It is now quite certain that the Confederate Congress will overrule Mr. 
 Jefferson Davis in his retaliatory proclamation and message, and exchange will 
 go on as heretofore, under the cartel. I have perfected arrangements for ex- 
 chana'c of civilians. 
 
 H. Q. A , January 6, 186r). Official : 
 
 W. H. LUDLOW, 
 
 Agent for Exchange of Prisoners. 
 
 D. C. WAGER, A. A. G. 
 
 Murfreesboro', March 11, 1863. 
 Colonel J. C. Kelton : 
 
 I telegraphed the general-in-chief, the date and character of the notification 
 given to General Bragg, that I would receive no more paroled prisoners except 
 in accordance with terms of the cartel, and requesting his decision wliether or 
 not, after this full and fair notification, I shall refrain from carrying into effect. 
 my General Order No. 3, current series, as to paroled prisoners delivered, by 
 turning them loose in defiance of notice of the provisions of the cartel. Please 
 say to him that deserters, consequent on the suspense of this question, induce 
 me to ask decision as early as practicable, and that, if possible, it may not dis- 
 turb the past polic}*, which works well, as does also the order against those 
 wearing our uniform. 
 
 W. S. ROSECRANS. Major General. 
 
 H. Q. A., Januarij 6, 1865. Official: 
 
 D. C. WAGER, A. A. G. 
 
 H. Ex. Doc. 32 2 
 
18 EXCHANGE OF PRISONERS. 
 
 HEADCiUARTERS OF THE ARMY, 
 
 Washington, D. C, March 12, 1863. 
 
 V 
 
 Major Gcueral llosEt'RA.\s, Mnrfncshoro': 
 
 The matter of paroled prisoners lias once been decided by the Secretary of 
 War. He has your telegrams, and if he reverses his decision you will be duly, 
 notified. j 
 
 II. W. II ALLEGE, Gcncral-in- Chief. 
 
 II. Q). A., Janvanj (>, 1865. Official : I 
 
 1). C. WAGER, A. A. G. j 
 
 8t. Louis, Apnl 23, 18G3. 
 Major General Halleck, Gencral-in-ijhiif : 
 
 I wish Major Majors, Alton prison, exchanged for Major ]\IcConuel. Me 
 Connel has important intelligence to disclose after exchange. Immediate 
 answer is desired. * * * 
 
 S. R. CURTIS, Major General. 
 
 H. Q,. A., Januani 6, 1865. Official : 
 
 1). C. AVAGER, A. A.G. 
 
 Headquarters of the Army, 
 
 Washington, D. C, April 23, 1863 
 Major General Curtis, St. Louis: 
 
 All exchanges must be made under the cartel ; only two modes arc provided — 
 one by delivery at the points named, and the other at the points agreed upon in 
 the field. Exchange requiiTS actual delivery across the lines. * * * 
 
 II. W. HALLECK, Gencral-in-Chi(f. 
 
 11. C^). A., Januan/ 6, 1865. Oflicial : 
 
 1). 0. WAGER, A. A. G. 
 
 Confederate States of America, 
 War Departtncnt, Richmond, Va., May 22, 1863 
 
 Sir: I perceive by the northern papers that Captains McGraw and Corbir 
 were shot to death with musketry on Friday, the 15th instant, at or near San 
 dusky, Ohio. 
 
 These were the cases which I brought to your attention when last I saw you 
 These men were duly authorized to recruit within the limits of Kentucky. They 
 were tried by a court-martial upon the charge of recruiting within your lines 
 They were sentenced to be shot, and that sentence was approved by Genera 
 Burnside and President Lincoln. 
 
 The confederate government has ordered that two captains now in oui 
 custody shall be selected for execution, in retaliation for this gross barbarity 
 The order will be speedily executed. 
 
 Your papers refer to other cases of parties condemned to death upon the sam( 
 charge. They are some five or six in number. 
 
 In vifwof the awful vortex into which things are plunging, I give you notice 
 
EXCHANGE OF PRISONERS. * 19 
 
 that in the cvont of the execution of tlieso persons, r(^taliation to an equal extent, 
 at least, will be visited upon your own officers, and if that is found ineffectual 
 ;he number will be increased. 
 
 The (Jreat Ruler of nations must judge who is responsible for the initiation of 
 ihis chapter of horrors. 
 
 Respectfully, your obedient servant, ,^ 
 
 ROBERT OULD, Agent of Exchange. 
 Lieut. Col. W.M. 11. LiDLow, 
 
 Agent (if ExcJuingc. 
 
 II. Q. A., Washington, Januarij ij, 1S6">. Official: 
 
 ROBERT N. SCOTT, 
 
 Major and A. A. G. 
 
 HkADCIIIARTKRS DiM'ARTME.VT ok ViROlMA, 
 
 Seventh Army Corps, Fort Monroe, May 25, ISGo. 
 
 SiK : Captains ]\IcGraw and ('orl)in were executed upon conviction of being 
 pies. They were also guilty of recruiting within our lines. Without waiting 
 o know the facts or evidence in these cases, (for you have admitted that you are 
 icting on mere general newspaper statements, which give neither facts nor evi- 
 lenc(>,) orders have been given, as you inform me, that two of our officers, now 
 n your custody, are to be selected for execution in retaliation foi- what you term 
 'gross barbarity," and that the order will be speedily executed. 
 
 1 give you formal notice that f(n- each officer so executed one of your officers 
 n our hands Avill be immediately ]nit to death ; and if this numlier be not suffi- 
 "ient it will be increased. 
 
 The United States government have been most lenient in their treatment of 
 3risoners who have fallen into their hands. This leniency has been abused, 
 ^nd, by your own admission, your officers and men have come within our lines 
 or the purpose ostensibly of recruiting, but really as spies. They have been 
 ;aken in citizens' dress, under all the circumstances clearly surrounding the 
 iharacter of ,a spy. And, in accepting such service, they have taken upon thera- 
 >elves all its responsibility and the consequence of capture. And yet you pro- 
 )Ose to select brave; and honorable officers, who have been captured in fair and 
 )pen fight on the battle-field, and barbarously put them to death, in retaliation 
 'or the just punishment of spies. 
 
 I call to your mind, among numerous other instances, the barbarous execution 
 >f the brave men who, under the orders of General Mitchell, captured a locomo- 
 ;ive and train and penetrated with it into the interior of Georgia, for the sole 
 purpose, as was and is well known, of destroying the railroad communications. 
 They were executed as spies, and yet the United States government has not 
 retaliated for this act. 
 
 Were I in your place, I should hardly dare to invoke the judgment of the 
 Grreat Ruler of nations upon the responsibility for the initiation of this, what you 
 Jiost properly term, chapter of horrors. 
 
 I am, very respectfully, your o!)edient servant, 
 
 WM. H. LULDOW, 
 Lieut. Col. and Agent for the Exchange rf Prisoners. 
 
 Hon. RonKirr Oild, 
 
 Agent for Exchange (if Prisoners. 
 
 i Official: 
 
 ROBERT N. SCOTT, 
 
 Major and A. A. G. 
 
20 EXCHANGE OF PRISONERS. 
 
 HEADCiUARTERS DEPARTMENT OF VIRGINIA, 
 
 Seventh Army Corps, Fort Monroe, May 22, 1863. 
 
 Sir : I have the honor to enclose to you copies of General Orders No. 49 ;nu 
 No. 100, of War Department, announcing regulations and instructions for iIk 
 government of the United States forces in the field in the matter of par(il( s 
 These, together with the stipulations of the cartel, will govern our army. I woiih 
 invite your special attention to article 7 of the cartel, which provides that al 
 prisoners of war shall be sent to places of delivery therein specified. The cxo 
 cution of this article will obviate much discussion and difficulty growing oul o 
 the mode, time, and place of giving paroles. No paroles or exchanges will b 
 considered binding except those under the stipulations of said article permit! in; 
 commanders of two opposing armies to exchange or release on parole at otlie 
 points mutually agreed on by said commanders. 
 
 I am, very respectfully, your obedient servant, 
 
 WM. H. LUDLOW, 
 Lieut. Col. and Agentjor Exchange of Prisoners. 
 Hon. Robert Ould, 
 
 Agent for Exchange of Prisoners. 
 
 Official : 
 
 rtOBEUT N. SCOTT, 
 
 Major and A. A. G. 
 
 Washington, D. C, May 2r>, 1863. 
 No confederate officers will be paroled or exchanged till further order 
 They will be kept in close confinement and be strongly guarded. Thos 
 already paroled will be confined. 
 
 H. W. HALLECK, 
 
 General-in- Chief. 
 
 Major Generals Eosecrans, Hurlbut, (for General Grant,) Schofield, Dn 
 Foster, Hooker, Schenck, Hunter, Banks. 
 
 H. Q. A., January 6, 1865. Official : 
 
 D. C. WAGER, A. A. G. 
 
 Headuuarters of the Army, 
 
 Washington, D. C, May 25, 1863. 
 Major General Burnside, Cincinnati: 
 
 ******** 
 No more confederate ofiicers will be paroled or exchanged till further order 
 They will be kept in close confinement and strongly guarded. 
 
 H. W. HALLECK, 
 
 Gen era I- in - Ch irf. 
 
 H. Q. A., January 6, 1865. Official: 
 
 D. C. WAGER, A. A. G^ 
 
EXCHANGE OF PRISONERS. 21 
 
 HEADQirARTEUS DkPARTMKNT OF ViRGIMA, 
 
 Serenth Army Corps, Fort Monroe, May 30, 1863. 
 [ General: I have tlie honor to report that the following officers and men 
 fave been declared duly exchanged as prisoners of war since the announce- 
 aent in General Orders No. 117, of May 9, 1863: 
 
 1. All officers, naval and military, delivered at City Point up to May 30, 
 j863. 
 
 2. All the officers and men of the steamers Hatteras, Queen of the West, 
 lercedita, Harriet Lane, Isaac Smith, Columbia, Indianola, and schooner Vas- 
 
 r. 
 
 3. All the officers and enlisted men captured and paroled at Holly .Springs, 
 (lississippi, December, 1862. 
 
 4. All the officers and enlisted men of the seventy-first (71st) regiment Indi- 
 na volunteers captured at Muldraugh's hill, Kentucky, in December, 1862. 
 
 ,'). All the ofHcers and enlisted men of the ninety-first (91st) regiment Illi- 
 ois volunteers captured at Bacon creek and Nolin, Kentucky, December 26, 
 862; Elizabethtown, Kentucky, December 27, 1862; and Muldraugh's hill, 
 Ccntucky, December 28, 1862. 
 
 6. All the officers and enlisted men captured at Mt. Sterling, Kentucky, in 
 larch, 1863. 
 
 7. All enlisted men of the fifty- first (51st) regiment Indiana volunteers, of 
 lie seventy-third (73d) regiment Indiana volunteers, of the third (3d) regiment 
 )hio volunteers, of the eightieth (80th) regiment Illinois volunteers, and of the 
 rst (1st) Tennessee cavalry, forming part of Straight's brigade, and captured 
 ear Cedar Bluff, Georgia, about the 1st of May, 1863. 
 
 8. All persons specially exchanged, and who have been specially notified of 
 ucli exchange, either individually or through their commanding officer. 
 
 I am, very respectfully, your obedient servant, 
 
 WM. H. LUDLOW, 
 Ijicutenant Colonel, and Agent for Exchange of Prisoners. 
 Brigadier General L. Thomas, A. G. U. S. A. 
 
 H. Q. A., Washington, D. C, January 6, 1865. Official: 
 
 ROBERT N. SCOTT, 
 
 Major and A. A. G. 
 
 Headquarters Department of Virginia, 
 
 SevcntA Army Corps, Fort Monroe, June 3, 1863. 
 SiK : You informed me at our last interview that you were instructed not to 
 eliver any of the officers of Colonel Streight's command, captured at or near 
 Jedar Bluff', Georgia, about the 1st of May last. 
 
 . I now make a formal demand for them under the cartel, and tender to you 
 ikeir equivalents in your own officers now in our hands. If this demand and 
 lender be refused, please frankly state the reasons therefor, that the issues pre- 
 leutcd may be fully understood and promptly met. 
 
 I am, very respectfullv, your obedient servant, 
 
 WM. H. LUDLOW, 
 Lieute?iant Colonel and Agent Jor Exchange of Prisoners. 
 Hon. Robert Oulo, 
 
 Agent for Exchange of Prisoners. 
 
 Official : 
 
 ROBERT N. SCOTT, 
 
 Major and A. A. G. 
 
22 EXCHAJ^GE OF PRISONERS. 
 
 Confederate States of America, 
 War Depart)ncn(, Richmond, Va., June 5, 1S63. } 
 Sir : You ask me fov a frank statement of the reasons for the detention of theji 
 officers of Streight's command. j 
 
 Allegations have been officially received from the highest anthority in Ala- 
 bama, charging these officers with grave offences, as well against the laws of 
 that State as the usages of civilized Avarfare. They are detained until the 
 proper inquiry can be made and the facts ascertained, when a determination will 
 be made by the confederate government whether they come within the obliga- 
 tions of the cartel as prisoners of war, or are to be dealt with as criminals 
 against the laws of Avar and the State. 
 
 Respectfully, your obedient servant, 
 
 ROBEllT OULD, Agait of Exchange. 
 Lieutenant Colonel Wm. H. Ludlow, 
 
 Agent of Exchange. 
 
 Official : 
 
 ROBERT N. SCOTT, 
 
 Major and A. A. G. \ 
 
 Confederate States of America, 
 War Department, Richmond, Va., June 12, 1863. 
 
 Sir: 1 enclose to you the resolution of Congress in relation to rctaliation. 
 thought that you had seen it in the papers ti*ansmittcd to you, otherwise 
 would have sent it. I take it for granted that the confederate authorities pur- 
 pose to carry out a resolution solemnly passed by them. I have not ask 
 them Avhether they intend to do so, and I do not think I Avill ever be so iaco: 
 siderate as to make any such inquiry. I have thus frankly given my view as 
 this matter, and I beg leave to ask you, in return, Avhether it is the purpose 
 your government to execute its conscription act ; and, further, hoAV many mer 
 will be raised under its provisions'? I feel so deep a personal interest in that 
 subject that I hope I have not transgressed any propriety in propounding tlu 
 inquiry, after the example you have set me. 
 Respectfully, your obedient ser\'ant, 
 
 ROBERT OULD, Agent of Exchange. 
 
 Lieutenant Colonel Wm. IL Ludlow, 
 
 Agent of E,vchange. 
 
 Official: , 
 
 ROBERT N. SCOTT, | 
 
 Major and A. A. G. 
 
 Headquarters Department of Virginia, 
 
 f Seventh Army Cor])s, Fort Monroe, June 14, 186.'!. 
 
 Sir: I assure you that you have not transgressed any propriety in you: 
 questions as to the purpose of the United States government to execute its con , 
 scription act, and as to the number of men Avho Avill be raised under its pro i 
 visions. 
 
 I have the honor to inform you, in reply, that the conscription act is nu\i, 
 being executed, and that a sufficient number of men AAdll be raised under iti 
 provisions to bring this Avar to a speedy and successful conclusion. 
 
EXCHANGE OF PRISONERS 25 
 
 My object in requesting of you a copy of tlie .ict of the confec||rate con- 
 gress, and information as to intentions to execute it, was to know ofticially what 
 disposition, under the act, was proposed to be made of officers and men cap- 
 » itured in arms, and who liad been duly mustered into the service of the United 
 jStates, and also that the issues thereby presented could be fully understood and 
 properly met. Sections 4, 5, G, and 7 of this act propose a gross and inexcusable 
 'breach of the cartel, both in letter and spirit. Upon reference to the cartel yon 
 jwill find no mention Avhatever of what was to be the color of prisoners of Avar. 
 lit Avas unnecessary to make any such mention, for, before the establishment of 
 this cartel, and before one single negro or mulatto A\'as mustered into the United 
 States service, you had them organized in arms in Louisiana. You had Indians 
 and half-breed Indians and negroes organized in arms under Albert Pike, in 
 Arkansas. Subsequently, negroes Avere captured on the battle-field at Antie- 
 tam and delivered as prisoners of Avar at Aiken's Landing to the confederate 
 authorities, and receipted for and counted in exchange. And, more recently, 
 the confederate legislature of Tennessee have passed an act forcing into their 
 military service (I quote literally) all male free persons of color betAveen the 
 ages of fifteen and fifty, or such numbers as may be necessary, who may be 
 sound in body and capable of actual service ; and they further enacted that in 
 the CA'ent of a sufficient number of free persons of color to meet the wants of 
 the State shall not tender their services, then the governor is empoAvered, 
 through the sheriffs of different counties, to impress such persons until the requi- 
 site number is obtained. 
 
 But it is needless to argue the question. You ha\'e not a foot of ground to 
 stand upon in making the proposed discrimination among our captured officers 
 and men. 
 
 I protest against it as a violatioti of the cartel, of the laAvs and usngcs of Avar, 
 and of your own practices under them. 
 
 Passing events Avill clearly shoAV the impracticability of executing the act 
 referred to. In case, hoAvever, the attempt be made to execute it, I noAV give 
 you formal notice that the United States gOA'ernment Avill throAv its protection 
 around all its officers and men Avithout regard to color, and Avill promptly re- 
 taliate for all cases violating the cartel, or the laAvs and usages of Avar. ]y 
 I am, very respect I'ldh', vour obedient servant, 
 
 WM. II. LUDLOW, 
 Lieutenant Colond and Agent for Exchange of Priso?iers. 
 
 Hon. RoHEirr OuLL), 
 
 Agent for Exchange of Prisoners. 
 
 Official: 
 
 ROBERT N. SOOTT, 
 
 Major and A. A. G. 
 
 IlEADUrARTERS OF THE ArMV, 
 
 \Vashingto?i, D. C, June 23, 1SG2. 
 Brigadier General BcRBRlDciE, Lexington, Ktj.: 
 
 You Avill exercise your oAvn judgment about arresting and releasing from arrest 
 General llobson and his officers till your report is received. 
 
 ******* 
 
 H. W. HALLECK, 
 Major General, Chief of Sta^ff. 
 H. Q. A, Jrtwwc/ry G, 1865. Official: 
 
 D. C. WAGER, A. A. G. 
 
24 EXCHANGE OF PRISONERS, 
 
 Headquarters of the Army, 
 
 Washington, D. C, June 21, 1864. 
 Brigadier General Burbridge, Lexington: 
 
 If General Hobson and staff entered into any agreement or gave paroles not 
 in accordance with the cartel, they mnst be arrested, and the facts reported to 
 the War Department for its action. It was their duty to compeUhe enemy to 
 guard them so as to prevent an escape or recapture, and not to relieve him from 
 that difficulty by any agreement. All paroled soldiers will be returned to the 
 ranks, and paroled officers reported for disobedience of orders. 
 
 ******* 
 
 H. W. HALLECK, 
 Major General, C/iief of Staff'. 
 B.. Q. A, Januan/ 6, 186-5. Official: 
 
 D. C. WAGER, A. A. G. 
 
 Baltlmure, June 29, 18G3. 
 Major General II. W. Halleck, GencraJ-in-Chief: 
 
 Three hundred and eighty men, captured by Stewart, have arrived at the 
 Relay House, paroled on the river. Are such paroles regarded as binding now 1 
 I have seen a newspaper statement that the commission have agreed that there 
 must be actual personal delivery by the captors at points indicated. I want to 
 know if I shall send these men to Annapolis. 
 
 ROBERT C. SCHENCK, 
 ti Major General. 
 
 H. Q. A., Janvary 6. ISGf). Official: 
 
 I). 0. WAGER, A. A. G. 
 
 Headquarters of the Army, 
 
 Washington, D. C, June 30, 1863. 
 Major General Schenck, Baltiinorc : 
 
 If paroles have been given in accordance with th(^ cartel and general orders, 
 they are valid ; if not, not valid. I cannot act upon any single case till I know 
 pirecisely what it is. A court is investigating the cases of paroled officers who 
 came in here. 
 
 You have all the orders and instructions in relation to paroles. 
 
 H. W. HALLECK, 
 Major General, Chief of Staff. 
 H. Q. A., January 6, 1865. Official: 
 
 D. C. WAGER, A. A. G. 
 
 Headquarters of the Army, 
 
 Washington, D. C, June 30, 1863. 
 Colonel Ludlow, Fort Monroe: 
 
 The Secretary of War directs that officers captured by General Dix be not 
 exchanged till further orders. It is reported that rebel officers in the west have 
 disregarded the cartel. 
 
 H. W. HALLECK, 
 
 Gen era l-in - Ch ief. 
 H. Q. A., January 6, 1865. OtBcial: 
 
 D. C. WAGER, A. A. G. 
 
EXCHANGE OF PRISONERS. 25 
 
 t 
 Headquarters DepartiMEnt of Virginia, 
 
 Seventh Army Corps, Fort Monroe, July 1, 1S63. 
 
 Colonel J. C. Kelton, 
 
 Assistant Adjutant General, Headquarters Army : 
 
 I have the honor to acknowledge the receipt of the telegram of the general-in- 
 chief, directing that the officers captured by Major General Dix be not ex- 
 changed. 
 
 No exchange of confederate officers has been made since the order of the 
 25th of May last, forbidding paroling or exchanging such officers. 
 
 I^rigadier General W. Fitzhugh Lee, wounded, is in hospital here, on the 
 certificate of the medical director that he required hospital treatment. General 
 Lee has given his parole to contine himself to the hospital and make no attempt to 
 escape. As soon as he can be moved, he Avill be sent to Fort Delaware, as we have 
 no place of confinement here. This retention settles all questions about hanging 
 our ofllcers. 
 
 In order to obviate all misunderstandings in regard to paroles, I gave Mr. 
 Ould, on the '23d of May, the notice, a copy of which is enclosed. Under its 
 operation we shall derive great advantages, as every capture must be reduced to 
 possession, except in cases Avhere commanders of opposing armies, under the 
 authority of article 7 of the cartel, otherwise arrange. It had been the practice, 
 especially in Kentucky and Tennessee, of the confederate forces to parole our 
 capturetl officers and men when they were unable to bring them away, and thus 
 preserve their own force unimpared to make more captures. 
 
 If this rule of reducing captures to possession be not fully understood, I would 
 respectfully suggest that it be announced in general orders. 
 
 May I ask what rebel officers i*the west are reported as having disregarded 
 the cartel, and under what circimistances ? 
 
 Various other questions connected with exchanges have been subjects of cor- 
 respondence between Mr. Ould and myself. I have endeavored to dispose of 
 them to the best of my judgment and ability, and I have forborne to press them 
 upon the already crowded attention of the general-in-chief. 
 
 If he so desires, I will forward copies. For the present, exchanges of officers and 
 citizens are not made. Those of enlisted men continue. 
 I am, very respectfully, your obedient servant, 
 
 WxM. H. LUDLOW, 
 Lieutenant Colonel and. Assistant Inspector General, 
 
 Seventh Army Corj^s, Agent for Exchange of Prisoners. 
 
 Official 
 
 ROBERT N. SCOTT, Major, A. A. G. 
 
 Near Vicksburg, July 4, 1863. 
 Major General 11. W. Hallrck, General-in-Chief : 
 
 The enemy surrendered this morning. The only terms allowed is their 
 parole as prisoners of Avar. This I regarded as of great advantage to us at this 
 juncture. It saves, probably, several days in the capture of the town — leaves 
 troops and transports ready for immediate service. 
 
 U. S. GRANT, Major General. 
 
 H. Q. A., January 6, 18C.3. Official : 
 
 D. C. WAGER, A. A. G. 
 
lib EXCHANGE OF PRISONERS. 
 
 m 
 
 ^ nBADQUAUTERS (IF THE ArMY, 
 
 Waskingto/i, D. C, Juhj S, 1863. 
 Major General Grant, Vickshurg : 
 
 I fear your paroling the garrison at Vicksburg without actual delivery to r, 
 proper agent, as required by the seventh article of the cartel, may be construed 
 into an absolute release, and that these men will be immediately placed in tht 
 ranks of the enemy. Such has been the case elsewhere. 
 
 If these prisoners have not been allowed to depart, you will retain them til- 
 further orders. 
 
 II. W. IIALLECK, Gcncral-in-Cliief. 
 
 H. Q. A., Jannani 6, 1865. Oflieial: 
 
 D. C. WAGER, A. A. G. 
 
 IIkADUUARTERS of TflE Ar.mv, 
 
 Wasliington, D. C, July 10, 1863. 
 Major General Gra.\t, VicJysJnirg : 
 
 On a full examination of the question, it is decided that you, as the commander 
 of an army, were authorized to agree upon the parole and release of the gar- 
 rison of Vicksburg with the general commanding the place. 
 
 ll.^N.liMAA^GK, Gmcral-iii-Chief. 
 
 H. Q. A., Januarij 6, 1865. Official : 
 
 D. C. WAGER, A. A. G. 
 
 IlEAUCiUARTERS DEPARTMENT OF VIRGINIA, 
 
 Seventh Army Corps, Fort Monroe, July 7, 1863. 
 
 Colonel: 1 have the honor to acknowledge the receipt of the telegram of 
 the 6th instant of the general -in- chief, directing certain communications to be 
 made to Mr. Ould, agent for the exchange of prisoners, and to inform you that 
 the instructions have been obeyed. 
 
 I am, very respectfully, your obedient servant, 
 
 WILLIAM H. LUDLOW, 
 Lieutenant Colonel, Assistant Inspector General, 
 Seventh Army Corps, Af^ent for Exchange of Prisoners. 
 Col. J. C. IvEi/roN, 
 
 A. A. General, Head(iuarters ef the Army. 
 
 V. S. — I have the honor also to state that, since the 22d of May last, it has 
 been distinctly understood between Llr. Ould and myself that all captures must 
 be reduced to possession, and that all paroles arc to be disregarded unless taken 
 under the special arrangement of commanding officers of armies in the Held, as 
 prescribed in section seven of the cartel. 
 
 WILLIAM H. LUDLOW, 
 
 Lieutenant Colonel, d^r. 
 
 Headquarters of the Army, 
 
 Washington, D. C, January 6, 1865. 
 
 Official : 
 
 ROBERT N. SCOTT, 
 
 Major and A. A. G. 
 
EXCHANGE OF PRISONERS. L i 
 
 IlEAttUUARTEKS DEPARTMENT OF VIRGINIA, 
 
 Seventh Army Corjis, Fort Monroe, July 7, 1863. 
 
 in I 
 
 Colonel: I have the, lionor to acknowledge the receipt of the communica- 
 tion of tlie gencral-in-chief of the 2d instant, and enclosing a copy of report of 
 General llosecrans upon General Bragg's letter. 
 
 I have before, in accordance Avitli instructions, called the attention of the con- 
 federate authorities to the outrage compilained of, but have not yet received, 
 from them the promised reply. I will renew my demand. I have also de- 
 manded the release of the officers of Colonel Streight's command, as per corre- 
 spondence enclosed. 1 have also met the issue as presented by the act of the 
 confederate congress, as per correspondence also enclosed, copies of which were 
 furnished to the Secretary of War. 
 
 I am informed, unofficially, that the charges against the officers of Colonel 
 Streight's command are unfounded. The confederate authorities are evidently 
 very much embarrassed as to what course to take to extricate themselves from 
 the dilemma imposed by the passage of their act of congress above referred to. 
 The first sections of this act, you may recollect, nullified in express terms tlie 
 proclamation of Jefferson Davis, and the subsequent sections, apparently de- 
 signed as a " tub to the whale" of what they considered their popular senti- 
 ment, have complicated matters in relation to their own officers worse than 
 before. 
 
 After the escajie, through the criminal negligence of the officer in charge, of 
 the paroled confederate officers from the steamer Maple Leaf, I gave notice to 
 Jlr. Ould that if ever captured, without exchange, they would be hung. 
 
 In reply, he expressed a desire to settle the matter by giving their equivalents. 
 I am, very respectfully, your obedient servant, 
 
 WILLIAM II. LLDLOW, 
 Lieutenant Colonel and Assistant L/sjnrtor General, 
 Seventh Army Corps, Agent for I£xc7iangc of Prisoners. 
 
 Col. J. C. Kelton, a. a. General. 
 
 Official : 
 
 ROBERT N. SQOTT, 
 
 Major and A. A. G. 
 
 Fort Monroe, July 7, 1863. 
 Colonel J. C. Kelton : 
 
 I reppectfully ask the instruction of the general-in- chief as to what shall be 
 done with the many cases of prisoners of war Avho desire to take the oath of 
 allegiance to the United States ; also, deserters who express same desire. 
 
 W\ H. LUDLOW, 
 Lieutenant Colonel, and Agent of Exchange of Prisoners. 
 
 II. Q. A., January 6, 1865. Official: 
 
 D. C. WAGER, A. A. G. 
 
 Headquarters of the Ar.mv, 
 
 Washington, f). C, July S, 1S63. 
 
 Colonel W. H. LidloW, Fort Monroe: 
 
 The Secretary of War directs that you permit such deserters and prisoners 
 of Avar as you deem it safe and proper to trust to take the oath of allegiance 
 and go north. 
 
 H. W. IIALLECK, General-in-Chirf. 
 
 IL Q. A., Jamiary 6, 1^65. Official: 
 
 D. C. WAGER, A. A. G. 
 
J8 EXCHANGE OF PRISONERS. 
 
 y 
 
 Headquarturs of the Army, 
 
 IVaskingfon, D. C, July 9, 1803. 
 /lajor General Meade, Army of the Potomac : 
 
 If no arrangement was made between you and General Lee for the exchange 
 ,nd parole of prisoners of war by desiginating places of deliveiy, as provided 
 ti seventh article of cartel, no parole given by the troops of either army is 
 alid. Please answer, if any such agreement was made. 
 
 IT. W. HALLECK, General-in-Chief. 
 
 II. Q. A., January 6, 1865. Official : 
 
 D. C. WAGER, A. A. G. 
 
 Headquarters ok the Army, 
 
 Washing/on, D. C, July 10, 1863. 
 
 lajor General Meade, Army of the Potomac : 
 lajor General Schenck, Baltiinore : 
 jrigadier General L. Thomas, Ilarrishurg : 
 
 It has been understood and agreed between Colonel Ludlow and Mr. Ould, 
 gents for exchange of prisoners, that paroles not given as prescribed in sec- 
 ion seven of the cartel, after May 22, are to be considered as. null and void, 
 nd that the officers and men of the respective parties paroled not in accordance 
 I'ith that section of the cartel will be returned to duty without exchange. They 
 .'ill be so returned to duty. 
 
 H. W. HALLECK, General-in-Chief. 
 
 H. Q. A., January 6, 1865. Official: 
 
 I). C. WAGER, A. A. G. 
 
 Headquarters Department of Virginia, 
 
 Seventh Army Corps, Fort Monroe, July 12, 1863. 
 Colonel : I am informed that Captain II. W. Sawyer, 1st New Jersey cavalry, 
 nd Captain John Elynn, 51st Regiment Indiana volunteers, have been 
 elected by lot and reserved for execution in retaliation for the execution of 
 captains Corbin and McGraw, as spies, by the order of Major General Burn- 
 ide. 
 
 I have the honor to enclose to you copies of correspondence with Mr. Ould 
 n this subject in May last, when he informed me that two of our officers had 
 ben been selected for execution. 
 It now seems that other two have been selected. 
 
 I respectfully and earnestly recommend that two confederate officers now in 
 ur hands be immediately selected for execution in retaliation for the threatened 
 ne of Sawyer and Flynn, and that I be authorized to communicate their 
 ames to the confederate authorities, with the proper notice. 
 I am, very respectfully, your obedient servant, 
 
 WILLIAM II. LUDLOAY, 
 hieut. Col. and Agent for Exchange of Prisoners. 
 Colonel J. C. Kelton, 
 
 Assistant Adjutant General. 
 
 Official : 
 
 ROBERT N. SCOTT, 
 Major and Assistant Adjutant General. 
 
EXCHANGE OF PRISONERS. 29 
 
 t 
 Headquartkrs Department of Virginia, 
 
 Seventh Army Corps, Fort Monroe, July 12, 1863. 
 Colonel : I have the honor to acknowledge the receipt of the instrnctions of 
 the gencral-in-chief in reference to the case of Dr. llucker. 
 I am, very respectfully, yonr obedient servant, 
 
 WILLIAM II. LUDLOW, 
 Lieut. Col. and Agent for Exc/uinge of Prisoners. 
 Colonel J. C. Kelton, 
 
 Assistant Adjutant General. 
 
 Official : 
 
 ROBERT N. SCOTT, 
 Major and Assistant Adjutant General. 
 
 Cincinnati, July 21, ISG.'J. 
 Genera] II. W. IIalleck, Generalin-Chief: 
 
 There will be about three thousand prisoners of Morgan's cummand, including 
 more than two hundred officers. * * * j -yvould respectlully suggest that 
 they be the last exchanged. 
 
 A. E. BURNSIDE, Major General. 
 
 II. Q. A, Januart/ G, 1S65. Official: 
 
 D. C. WAGER, A. A. G. 
 
 Headquarters of the Army, 
 
 Was/iington, D. C, August 1, 1863. 
 Major General Rosecrans, Nas/n-illc: 
 
 A Major Jones, 2Sth Mississippi, has presented himself, with authority by 
 you, to go south on parole. Such authority is in violation of the orders of the 
 War Department, and the parole null and void. 
 
 H. W. HALLECK, General-in-Chief. 
 
 II. Q. A., January 6, 1865. Official : 
 
 D. C. WAGER, A. A. G. 
 
 Winchester, Tenn., August 1, 1863. 
 Major General IIalleck : 
 
 The case of Major Jones was peculiar. He had promise from General 
 Granger before the publication of that order ; wounds prevented him from 
 availing himself of it until lately. An urgent appeal from him and Granger's 
 recommendation induced me to regard Granger's promise as a sort of contract. 
 I leave the matter in your hands. 
 
 W. S. ROSECRANS, Major General. 
 
 H. Q. A., January 6, 1865. Official : 
 
 D. C. WAGER, .4. A. G. 
 
EXCHANGE OF PRISONERS. 
 
 llEAnQUARTERS OF THE ArMV, 
 
 Washington, D. C, August il, 1863. 
 [Menior.snduni for JLijor General Hitchcock.] 
 
 Robert Quid, agent of excliaiige of prisoners, in liis letter of August 5, to 
 Brigadier General S. A. Mereditli claims that the prisoners captured and par61ed 
 by the enemy's forces in IMaryland and elsewhere, prior to the 3d of July, 
 should either be regarded as legally paroled or returned to the enemy as 
 prisoners of war. 
 
 It will be observed that General Order No. 100, current series, simply an- 
 nounces general principles, which apply only in the absence of special agree- 
 ments. So far from changing in any way the cartel, Lieutenant Colonel Ludlow 
 notified Mr. Ould, at the time of giving him this order, that our government 
 would regard no parole as binding Avhich Avas not given in conformity with the 
 provisions of the cartel. This was not only fully understood at the time, but, 
 it is alleged and believed, has been carried out by the enemy, whenever it suited 
 his convenience. It is understood that rebel prisoners illegally paroled by our 
 officers have been returned to the ranks without exchange. 
 
 In regard to the prisoners paroled in Maryland and Pennsylvania by General 
 Lee and his officers, it is stated by General Meade that General Lee requested 
 him to appoint a place of exchange in accordance with the provisions of the 
 cartel, and that he (General Meade) declined the proposition. Nevertheless, iu 
 order to disembarrass himself from the care of these prisoners. General Lee 
 proceeded to parole them. General Lee's officers, in receiving these paroles, 
 and our officers and men in giving them, knew, or ought to have known, that 
 they were utterly null and void. 
 
 And now, after having released our men on illegal paroles, in order to avoid 
 guarding and feeding them, when his army was hard pressed and retreating 
 before General Meade, General Lee, or rather his agent, Mr. Ould, insists that 
 the United States government shall either respect these illegal paroles or deliver 
 the persons so paroled to the confederate authorities at City Point. This is 
 certainly a most extraordinary demand, and cannot be acceded to. 
 
 In order, however, to avoid any difficulty on this point, General Meredith 
 will be authorized to agree with Mr. Ould that all paroles given by officers and 
 men on cither side between the 23d of May and 3d of July, not in conformity with 
 the stipulations of the cartel, be regarded as null and void, a"declaration to that 
 effect being published to the armies of both belligerents. 
 
 The other three points mentioned in General INIeredith's letter of the 7th instant 
 seem to be fully ixnderstood by him. The government of the United States 
 will, under no circumstances, yield either of these points. 
 
 The foregoing memorandum has been examined and approved by the Secretary 
 of War. 
 
 H. W. IIALLECK, General-in-Chief. 
 
 n. Q. A., Jain/nry 3, 1S()5. Official cojiy : 
 
 J. C. KELTON, A. A. G. 
 
 COMFGDERATE STATES OK AMERICA, 
 
 War DejH/rfj/ient, Richmond, Va., August 16, 1S(J3. 
 
 Brigadier General S. A. Meredith, Agent of Exchange: 
 
 Sir : I respectfully call your attention to the correspondence between Lieu- 
 tenant Colonel Ludlow and myself, in relation to Dr. Ilucker and the detention 
 of surgeons, and esj^ecially to my communication of the 23d of June last. 
 
EXCHANGE OF PRISONERS. 31 
 
 Lieutenant Colonel Liullow, in his reply, bearing date July 12, 1863, says : "As 
 understood Ly me, ])r. llucker's alleged offences were committed in West 
 Virginia, within the tcri'itory militarily occupied at the time by the troops of the 
 United States. If so, by the laws and usages of war your authorities have no 
 jurisdiction in his case." 
 
 Paragraph 59 of your General Order No. 100 does not make the distinction 
 of military occupaticn suggested by Lieutenant Colonel Ludlow. It says : "'A 
 prisoner of war remains answerable for his crimes committed against his captors 
 before he was captured, and for which he has not been punished by his own 
 authorities." Any construction which would not include such " crimes " as 
 were committed within the territory militarily occupied by the army to which 
 the offender belongs Avould leave the provision almost without any meaning. In 
 Dr. liucker's case, however, the distinction is without avail. I have delayed 
 thus long in answering Lieutenant Colonel Ludlow's communication of the 12th 
 ultimo, in order that I might obtain accurate information as to the facts in tlu! 
 case. 
 
 He is indicted for murder committed on the 23d of July, 18G1, upon a citizen 
 of Virginia. At that time no federal force Avas there, or never had been. The 
 United States forces did not invade the county or region until May, 1862. He 
 is also indicted for stealing a horse in January, 1862. He is, moreover, charged 
 with other offences committed while the federal forces were in the country. 
 
 AVhatever, therefore, may be the construction placed iipon the general order, 
 so far as military occupation is concerned. Dr. llucker's case is certainly 
 embraced within the provisions of paragraph 59. 
 
 I am also reliably informed that, at the time of at least some of the offences 
 charged against him, Dr. Kuckcr bad no connexion with your army. It Avill 
 hardly be contended, I suppose, that immunity for crimes already committed 
 can be purchased by joining the forces of an invading army. 
 
 The correspondence between Lieutenant Colonel Ludlow and myself seems 
 to indicate that the only hindrance to the immediate and luiconditional release 
 of all surgeons is to be found in the detention of Dr. Rucker ; and farther, if 
 such detention could find its justification in your general orders, even that 
 hindrance would be removed. 
 
 I therefore bring to your attention the foregoing facts, drawn from the indict- 
 ments against Dr. Kuckcr, by which it very clearly appears that he is rightfully 
 held, and therefore Dr. Green wrongfully detained in retaliation. 
 
 I accordingly renew to you the proposition heretofore made by me, that all 
 surgeons now held on both sides, with the exception of Dr. Rucker, be released 
 witliout delay. I have no objection to extend the proposition to nurses and 
 members of the sanitary commissions. I would, however, much prefer that it 
 should embrace all non-combatants. 
 
 I will be much obliged to you if you give an early specific reply to the 
 pro])ositions herein contained. 
 
 Respectfully, your obedient servant, 
 
 RO. OULD, 
 Agent of Exchatigc 
 
 H. (^. A., Januanj 4, 1865. Official copy: 
 
 R N. SCOL"r, .1. .1. G. 
 
 August 16, 18G3. 
 Rob r. Ullu : 
 
 In relation to Dr. Rucker and the exchange of medical ofiicers, there is reason 
 to suppose that Dr. Rucker has from the first been confined on various pretences. 
 
32 EXCHANGE OF PRISONERS. 
 
 but in reality because of his strong attachment to the Union. He has been 
 twice tried and acquitted by Virginia courts, and is now held upon some third 
 accusation, the nature of Avhich is unknown to the undersigned. 
 
 E. A. HITCHCOCK, 
 Comm'ssioncr for Exchavi^c nf Trisoners. 
 
 H. Q. A., January 4, 1865. Official copy : 
 
 ROBERT SCOTT, 
 
 Major and A. A. G. 
 
 Washington City, D. C, Avgvst 27, 1863. 
 Major General H. W. Halleck, Gencral-in-Chi(f, ^r. ; 
 
 Sir : The following passage occurs in a communication of the 25tli instant, 
 from General Meredith, reporting the results of his recent interview with Mr. 
 Robert Ould at City Point, to wit : 
 
 " To my demand that all officers commanding negro troops, and negro troop.s 
 themselves, should be treated as other prisoners of war, and be exchanged as 
 such, Mr. Ould declined acceding, remarking that they (the rebels) would ' die 
 in the last ditch ' before giving up the right to send slaves back to slavery as 
 property recaptured, but that they were Avilling to make exception in the case 
 of free blacks. He would not exactly tell me how his authorities intended to 
 distinguish between the two (fj-oc and slave) but presumed that evidence as to 
 the ffict of freedom would be taken into consideration. As their laws put slave 
 and free on the same footing, no comment is necessary." 
 Communicated for the information of the general-in-chief. 
 Very respcctfnlly, your obedient servant, 
 
 E. A. HITCHCOCK, 
 Major General Volunteers, Com. for Ex. of Prisoners. 
 
 H. Q. A., January 4, 1865. Official copy: 
 
 ROBERT N. SCOTT, A. A. G. 
 
 Washington City, D. C, August 27, 1863. 
 Sir : The proposal of the 12th instant, on the subject oi paroles, directed by 
 you with the approval of the Hon. Secretary of War, was presented to Mr. 
 Robert Ould by General Meredith on the 24th instant, and was declined ; and 
 Mr. Ould submits the following proposal : that- — 
 
 " All paroles on both sides heretofore given shall be determined by the 
 general orders issued by the War Department of the United States, to wit : No. 
 4'J, No. 100, and No. 207 of this year, according to their respective dates, and 
 in conformity with paragraph 131, General Order No. 100, so long as said 
 paragraph was in force. If this proposition is not accepted, I propose that the 
 practice heretofore adopted respecting paroles and exchanges be continued. In 
 other words, I propose that the whole question of paroles be determined by the 
 general orders of the United States, according to their dates, or that it be 
 decided by former practice." 
 
 This proposal bears date the 24th of August, at City Point. The questions 
 connected with this matter are respectfully submitted. 
 
 I have the honor to be, respectfully, your obedient servant, 
 
 E. A. HITCHCOCK, 
 Maj. Gen. Vols., Com' r for Ex. of Prisoners. 
 Major General H. W. Halleck, 
 
 General-in-Chief, S^-c. 
 
 H. Q. A., January 4, 1865. Official copy: 
 
 ROBERT N. SCOTT, A. A. G. 
 
EXCHANGE OF PRISONERS. 33 
 
 Washington City, D. C, August 27, 1S63. 
 
 Sir : General ]\[erctlith reports by letter, of the 25tli instant, that in his late 
 interview with Mr. Oiild the latter proposed " to exchange officer for officer of 
 the same grade, except such as are hi command of negro troops," which General 
 Meredith (very properly) declined. 
 
 Communicated for the information of the general-in-chief. 
 Very re.<pectfully, your obedient servant, 
 
 E. A. HITCHCOCK. 
 Maj. Goi. Vols., CovCr for Ex. of Prisoners. 
 Major General H. W. Hallrck, 
 
 Gcncral-in- Ch ief. 
 
 H. Q. a., -January 4, 1865. Official copy : 
 
 ROBERT N. SCOTT, 
 
 Major and A. A. G. 
 
 War Department, 
 
 }Vashington Citij, ^'cpf ember 11, 18G3. 
 
 General : Had you not better telegraph to General Burnside not to parole 
 his prisoners? 
 
 Yours, truly, 
 
 EDWIN I\I. STANTON. 
 Major (Jeneral Halleck, 
 
 Gcncral-in- C/i ief 
 
 H. Q. A., January 4, 18G5. Official copy : 
 
 ROBERT N. SCOTT, 
 
 Major and A. A. G. 
 
 Headquarters of the Army, 
 
 Washington, D. C, September 11, 1863. 
 
 TVIajor General Burnside, Cumberland Gap : 
 
 Parole no prisoners. It is reported that the enemy is forcing into the ranks 
 those paroled by General Grant, without exchange. 
 
 H. W. HALLECK, General-in-Chief 
 
 H. Q. A., .January 6, 1865. Official : 
 
 D. C. WAGER, A. A. G. 
 
 HeADQI "ARTERS OF THE ArMY, 
 
 Washington, D. C, October 16, 1863. 
 llcadciuarlers, Department if the Ohio, Cincinnati : 
 
 John R. Lyle will not be held as a spy, but will be treated as other prisoners 
 of war, subject to exchange. 
 
 H. W. HALLECK, Gcneral-in- Chief 
 
 II. Q, A., January 6, 1865. Official : 
 
 D. C. WAGER, A. A. G 
 H. Ex. Doc. 32 3 
 
34 EXCHANGE OF PRISONERS. 
 
 liEADCiUARTERS OF THE ArMY, Octohcr 20, 1S63. 
 
 CoLOXEL : The gencral-iu-cliief wi^lie^^ to know the iinmljer of Uuiteil >Stat( 
 troops paroled but not yet exchanged. 
 ^'ery rej^pectfully, 
 
 J C. KELTON, A. A. G. 
 Colonel lIoFl'AlAN. 
 
 H. Q. A., Jaiuian/ L 1S(;.'>. Official e ipy : 
 
 ROBERT N. SCOTT, .1. A. G. 
 
 (Indasfil.) 
 
 October 20. 
 CoLoXEL : There are 1,371 men on parole, delivered at City Point in Sep- 
 tember. 
 
 i'ours, 
 
 W. MOFFMAN. 
 
 October 21, 1SG3. 
 General IltTCHCocK: 
 
 Cannot these men be declared exchanged and sent to the lield 1 
 
 H. W. HALLECK, General-m- Chief. 
 
 H. Q. A., Januanj 4, 1SG5. Official copy: 
 
 R. N. SCOTT, A. A. G. 
 
 Memorandum toucJiing the exchange of prisoner s. 
 
 I am disposed to think that the irregularities set ou foot by Mr. Ould mu3t 
 end somewhere, and had better be tcrmicated by non-action on our part from 
 the date of the last declaration. To declare the men exchanged who have been 
 paroled since the 1st of September will seem to be following the example of Mr. 
 Ould in a false direction, and can only tend to embarrass future efforts to return 
 to the laws and usages of war. At all events, before making a farther declara- 
 tion of exchange on our part, it would be better to make one distinct effort to 
 draw from the rebel agent a statement of the kind of paroled prisoners he claims 
 as constituting his rights to make declarations. 
 
 Respectfully submitted. 
 
 E. A. HITCHCOCK, 
 Maj. Gen. Volunteers, Commissioner for Exchange. 
 
 H. Q. A., Janiian/ 4, 1SG5. Official copy: 
 
 ROBERT N. SCOTT, A. A. G, 
 
 Memphis, Noi-emhcr 12, 1SG3. 
 Major General H. W. Halleck, Genrral in- Chief : 
 
 We have some 30 prisoners taken by Chalmers. He proposes an exchange, 
 for his officers and soldiers in our hands. Can I do so ? 
 
 S. A. HURLBUT, Major General. 
 
 H. Q. A., January G, 1S65. Official: 
 
 D. C. WAGER, A. A. G. 
 
EXCHANGE OF PRISONERS. OD 
 
 Chattanooga, No/-' mJtcr 2G, 1SG3. 
 
 Major General H. W. Hallkck, General -in-Cli nf : 
 
 ***** 
 
 Among the prisoners arc many who were paroled at Vieksburg. What shall 
 I do with them ? 
 
 GEO. H. THOMAS, Major General. 
 
 H. Q. A., January 6, 1SG5. Official: 
 
 D. C. WAGER, A. A. G. 
 
 V 
 
 Heauuuauters of tub Akah', 
 Was/iiiii^lon, D. C, Xoremb r 27, 1863. 
 
 Major General ThOiMAS, Chattanoosa : 
 
 Vicksbnrg prisoners recaptnred will not be exchanged withont further orders. 
 They will be sent to depots the same as other prisoners of war. 
 
 H. W. HALLECK, General -in-Cldef. 
 
 II. Q. xV., January G, 1SG5. Oliicial : • 
 
 I). C. WAGETi, A. A. G. 
 
 7 
 
 Wa.<fii\G'J-()\, December 7, 18G3. 
 General: lam authorized to offer, through yen, to exchange all United 
 States prisoners of war now in Kichmond and its vicinity for equivalents, ac- 
 cording to the scale of the cartel ; these equivalents to be sent by us to City 
 Point, leaving for future arrangement all questions in regard to other prisoners 
 of war held by either party. 
 
 If the offer is accepted, you will please inform me of the numbers and the 
 grades to be so exchanged, and the times of their delivery. 
 Very respectfuUv, your obedient servant, 
 
 H. W. HALLECK, General-in-Chief. 
 (ieneral Robert E. Lee, Commanding, Sfc. 
 
 H. Q. A., January 3, 186-5. Official copy : 
 
 J. C. KELTON, A. A. G. 
 
 V 
 
 Headquarters Army N. Virginia, 
 
 December 12, 1863. 
 General : I have had tlie honor to receive your letter of the 7tli instant, 
 proposing to exchange all United States prisoners of war now in Richmond and 
 its vicinity for equivalents, according to the scale of the cartel, and to leave for 
 future arrangement questions in regard to other prisoners of war held by cither 
 party. 
 
 The cartel having been agreed upon by both parties to regulate the exchange 
 of all prisoners, I do not consider myscli at liberty to depart from its provisions. 
 I regret, therefore, that I am unable to accept your offer. 
 Very respectfully, vour obedient servant, 
 
 R. E. LEE, General. 
 General H. "W. Halleck, 
 
 Curn'mander-in-Cliief, Army of the United States. 
 
 H. Q. a., January 3, ISGo. Official copy : 
 
 J. C. KELTON, A. A. G. 
 
36 EXCHANGE OF PRISONERS. 
 
 Belle Tlai^, May 21, 18G4. 
 General H. W. Halleck, Chief of Staff: 
 
 I have captured three rebels. Two belonging to the army. One of tlieiu 
 wishes to take the oath of allegiance and join the navy. Can he do so ? 
 
 J. J. ABERCROMBIE, 
 Brigadier General Commanding. 
 H. Q,. A., January 6, 1865. Official : 
 
 D. C. WAGER, A. A.G. 
 
 HbADUUAR TERS OF THE ArMY, 
 
 Washington. D. C, May 21, 1864. 
 
 J>rigadier General Abercrombie, Belle Plain: 
 
 All rebel prisoners will be disposed of in the same way. The (question of 
 their taking the oath of allegiance will l)e determined hereafter. 
 
 H. W. HALLECK, 
 Major General Chief of Staff. 
 
 H. Q. A.* Joiruari/G. 18(J5. Official : 
 
 D. C. WAGER. A. A. G. 
 
 Cincinnati, June lo, 1861. 
 General H. W. Halleck, Chief of Staff: 
 
 The officers and men of the 17Jst and IGSth Ohio National Guard that were 
 captured on the 11th of June at and near Cynthia, have arrived in this city, 
 and I have sent them to Camp Dennison. They have been paroled, but, so far 
 as I can learn, in an unauthorized manner. So soon as I can get a report it 
 will be forwarded. General Holson and the field officers are at Falmouth, 
 Kentucky, on some conditional parole, the terms of which I have not learned. 
 
 8. p. HEINTZELMAN, iMajor Genera/. 
 H. Q. A., January G, 1SG5. Official : 
 
 D. C. WAGER, A. A. G. 
 
 Atlanta, Ga., Septejnher !), 18G4. 
 Major General Halleck, Chief (f Staff : 
 
 ********* 
 Last eve Hood sent in a ling of truce asking to exchange prisoners. I have 
 about two thousand on hand, and will exchange, if he will make a fair deal. I 
 have sent out my inspector general to confer and agree, and to make arrange- 
 ments for the exodus of citizens. I am not willing to have Atlanta encum- 
 bered by the families of our enemies. I want it a pure Gibraltar, and will have 
 it so by tin; lirst of October. 
 
 ********* 
 
 W. T. SHERMAN, Major General. 
 H. Q. A., January G, 1865. Official : 
 
 D. C. WAGER, A. A. G. 
 
EXCHANGE OF PRISONERS. 37 
 
 Atlanta, Ga., Septanher 29, lbG4. 
 ]\[ajor General Hallkck, C/iief of S'ajf': 
 
 I liave now effected the actual exchange of two thonsaud piirioncrs of my 
 own army. Our prisoners have been moved from Andcrsonville to Savannah, 
 Millen, and Charleston. Any change will be for the better. I have agreed 
 witli Ilood to send to Griffin, to be forwarded to our prisoners, a supply of 
 clothing, so.'ip, combs, &c. The latter will be furnished by the sanitary com- 
 mission,, and the former by the quartermaster's department. 
 
 H. Q. A., Junuan/ G, 1SG5. Oilicial 
 
 W. T. SHERMAN, Major GcucraK 
 I). C. WAGER, A. A. G. 
 
 DEPART.MENT OF THE GULF. 
 
 IlEAiJu,UAirn;[{s Dki'aiitivient ok the Gulf, 
 
 Xeiv (J7-Icans, August. 7, 1SG.">. 
 
 Ge.\euaL: Your despatch of the 2.jth July I have received. It gives me 
 pleasure to say, in reply, that the parole of the prisoners captured at Port Hud- 
 son was strictly in accordance with the cartel. The arrangement was made 
 with General Gardner, one of the opposing generals; and the place of delivery 
 of the prisoners, the manner of their departure, and the conditions, were all 
 agreed to by him, and attested with his signature ; otherwise not one of the 
 men would have been paroled. I have the honor to forward herewith copies of 
 the papers, which, I think, will answer all the conditions of the cartel. The 
 prisoners insisted upon having each a copy of his parole, that they might not 
 be compelled to enter service again until they were exchanged. 
 
 It was almost a matter of necessity that we should parole them. Twenty- 
 two nine-months regiments were about leaving; there were twelve to fifteen 
 thousand of the enemy on the Mississippi between Port Hudson and New Or- 
 leans, against whom it was necessary to move our whole force, and we had 
 neither men to guard nor transports to move them to a place of safety. I am 
 sure, however, that the proceedings were in accordance with the conditions of 
 the cartel, and that the men can be punished if found in arms against the gov 
 ernment before being regularly exchanged. 
 
 I have the honor to be, with much respect, your obedient servant, 
 
 N. P. BANKS, 
 Major General Commanding. 
 
 Major General Halleck, Coinmaiidcr-'tn-CJtief, S^r. 
 
 II. Q A., Jdiiuarij 4, 1SG5. Official copy : 
 
 J. C. KELTON, A. A. G. 
 
 Headquarteus Department ov the Gulf, 
 
 Xciv Orleans, September 2, 1863. 
 General: I have the honor to acknowledge the i-eceipt of your letter of 
 August 23, in reference to the release of prisoners of war from the parole given 
 by them in consequence of the violation of the cartel of exchange. In order 
 that you may understand fully the ground of my action in this case, I enclose 
 to you copies of the general orders from the Adjutant General's office at Wash- 
 ington, all my own general orders relating to this subject, and a letter from the 
 
38 EXCHANGE OF PRISONERS. 
 
 commissary general of prisoners, in regard to the prisoners of war captured at 
 Gettysburg. These documents will explain fully the ground upon which my 
 decision must rest. 
 
 You will readily see that you cannot apply to the paroled prisoners of Vicks- 
 burg and Port Hudson the same decision upon the same grounds. The pris- 
 oners of war captured at Port Hudson are paroled upon a distinct arrangement 
 made between Major (teneral Gardner and myself, and all the papers relating to 
 the parole were agreed to and signed by the respective commanders of the two 
 armies. To show that the government of the United States did not expect the 
 confederate government to regard a parole giA-en in contravention of the cartel 
 of exchange, I may say that speciiic incjuiry was made of me Avhether the 
 parole of prisoners of war was made with the consent of Major General Gard- 
 ner, upon the supposition that if it was not so made the parole would not be 
 regarded by the confederate government, and the prisoners would be imme- 
 diately placed in the army. 
 
 The prisoners of "war referred to in your letter were not delivered at either of 
 the points agreed on in the cartel of July, 1SG2, nor to any officer of the United 
 States duly authorized to receive them, nor were they so delivered at a point 
 mutually agreed upon between or by the consent, expressed or implied, of the 
 commanders of the opposing armies. Their parole, being thus unauthorized, 
 was declared void, in accordance witli instructions from the War Department; 
 in accordance with the notice given to the authorities of the United States by 
 the Confederate States commissioner of exchange; and in accordance with the 
 action of General Lee after the battle of Gettysburg in returning to duty, upon 
 the same grounds, prisoners paroled by General Meade in the same manner and 
 under similar circumstances. The prisoners taken by the United States were 
 regularly paroled in accordance with the terms of the cartel, by special and 
 written agreements between the generals commanding the opposing forces, viz : 
 between Generals Grant and Pemberton at Vicksburg, and between Generals 
 Banks and Gardner at Port Hudson. Their paroles were in every respect, iu 
 form and substance, in conformitv to the agreement between the belligerents by 
 which the subject is governed, viz : the cartel of July, 1S62. It is proper to 
 say, in this connexion, that the paroles previously given by agreement between 
 Generals Taylor and Weitzel, for exavnple, in the case of the Diana, are regarded 
 as valid, and that the paroles administered by the provost marshals of the 
 United States at Franklin, Xew Iberia, and Opelousas, during our occupancy 
 of the Teche country, are, for the above reasons, to be treated as void. The 
 United States makes, and has made, no complaints in regard to the Gettysburg 
 prisoners, but accepts their case, and the notice given by the confederate gov- 
 ernment, as determining the practice in all cases, and as requiring in every in- 
 stance an exact conformity to the terms of the cartel of exchange. 
 
 I have the honor to be, with much respect, your obedient servant, 
 
 N. P. BANKS, 
 Major General Commanding. 
 
 Major General Tavlor. 
 
 Commanding Confederate Forces, ^Vestern Louisiana. 
 
 H. Q. A.. Jannani 4, 1SG5. (Official copy : 
 
 J. C. KELTOX. A. A. G. 
 
 ^^ He.^dquarters, Western District, La., 
 
 Sej)tcmhcr 2], 1S63. 
 General : I have the honor to acknowledge the receipt of your reply to my 
 communication respecting the release of the prisoners captured by me in June 
 last from the parole given by tlu m. 
 
EXCHANGE OF PRISONERS. 
 
 P,9 
 
 My motive in discharging these men ou their parole was the humane one of 
 relieving them from the position extremely unpleasant under the most favorahle 
 •conditions of prisoners of war under close guard. This release was not effected 
 until after the lapse of many days subsequent to their capture. It was made a:^ 
 a distance from their own lines, and with no force threatening me so as to render 
 it an object to be rid of the burden of guarding and maintaining them. It Avas 
 done with the assent and approval of their immediate commanding officers, and 
 in this respect the requirement? of the cartel of excliange were complied with to 
 the letter. Moreover, their release under parole was in accordance with a prac- 
 tice which had all the force of an express agreement between the commanders 
 of the opposing armies, and which controlled the case of the men captured on 
 the Diana, the regularity of whose parole you recognize. 
 
 The absence of all simihirity between this case and the case of captured 
 officers and men paroled on the held, to avoid the necessity of guarding and re- 
 moving them, is too obvious to be dwelt upon. The agreement between the 
 agents of excliange, a coj^y of which you send me, was made to prevent a repeti- 
 tion of the latter abuse, and although it had no application to the case of the 
 prisoners released at Brashear, I had no notice of it, and could have received 
 none at the time I returned your captured men. I had the honor of calling 
 your attention in my first communication to the eighth rule in regard to paroles, 
 published by the government of the United States on the 2Sth of February 
 last, for an official copy of which I am indebted to you. It is there prescribed 
 as the proper rule of conduct for a prisoner of war whose engagement is dis- 
 owned by liis government, to return and surrender himself to the capturing 
 power. This is the case of the Brashear prisoners, and I claim, as I have claimed, 
 compliance; Avith the established usages of war, l)y their return to their original 
 condition as prisoners of war. 
 
 It is highly desirable that for the future all occasion for the renewal of diffi- 
 culties respecting the exchange or release of prisoners of war in this military 
 district should be removed. 
 
 I assure you, general, that you concur with me in the propriety of alleviating 
 as far as possible the condition of those whi>m the fate of war may place in the 
 power of either belligerent. 
 
 If you think that a convention can be entered into by which the release of the 
 prisoners under parole can be effected without the necessity of transporting them 
 to distant points for exchange or release, I am ready, upon my part, to concur 
 in any arrangement which will attain this object. 
 I have the honor to be yours, &c., &;c., 
 
 11. TAYLOE, Major General 
 
 Major General N. P. Banks, 
 
 Com'dg United Stales Forces in Louisiana. 
 
 H. Q. A., January 5, 1S65. Official copy : 
 
 J. 0. KELTOX, A. A. G. 
 
 X 
 
 IfEADQUARTKRS Df.PART.MEN T OF THE GuLF, 
 
 Kcio Orleans, October 16, 1863. 
 General : The attention of the government is earnestly called to the condi- 
 tion of the prisoners captured at Galveston on the 1st day of January, and now 
 in Texas with some other prisoners subsequently captured at difTerent places. 
 These prisoners are at Cami) Grosse, in Texas, and nmnber : officers 29, soldiers 
 12, and sailors S6, being 127 in all. They have suffered greatly from confine- 
 ment, and think they liave been neglected by the government, which they say 
 should have made provision for their exchange. I commend earnestly this sub- 
 
jeet TO iLe consideration of tbe "War Department, and tope that *onie speedy 
 action for their relief' may be taken. Tiere are al^o many officer? held prison- 
 ers at ShreTeport. 
 
 I liave tie honor to be, with much rc-sneet. ronr obedient servant, 
 
 X. P. BA^SKS. 
 Maior General Co7nm.andi.nfr. 
 Major General H. W. Halleck, 
 
 Gcncrai-in-Cliief U. S. A., TTasliinirton, J).- C. 
 
 H. Q. A.. January 4. ISG-'j. Official copy 
 
 J. C. KELTOX, A. A. G. 
 
 Headquarters X)epartme\t of the Gulf, 
 
 S'cir OrJcanji, October 16, 1S6S. 
 Genehal : We haTe had many pressing apjilications ibr the special exchatigT 
 of Major Howard, of Texas. iLecently tlie commanding g'eneral at Mobile h: - 
 Bolicited a special exchange of Major Howard. We have, of course, decline, 
 the applications. When at Alexandria last summer, in a very large Texas mail 
 that was captured, ii was stated that Major Howai-d, then recently eaptxn'ed,"was 
 one of the most imporiani men in the confederate army, and that has exchange 
 must be efiected at any cost. Thinking it possible that ajiplicatioi] may be made 
 to the coiamission for the United States for his exchange. I respeetfoliy request 
 that he may be notified of these facts. 
 
 I am. ^'ith hisrh consideration, verv TespectfulJx Tonrs, &c.. 
 
 N. P. BAJsKS. 
 
 Major General H. W. Halleck, 
 
 Commander-in- Chief, iirc. 
 
 H. v^'. A.. Janui'^y 4. 1SG5. C>mcial copv 
 
 Alajor General Comm,andi7iJ: . 
 
 J. C. KELTCiX, A. A. G. 
 
 Yermilliontllle, La., Xoreml/er 2S, 1863. 
 Sir : I am ineimcted by Major General Taylor, coimnanding. to open eommn- 
 nication at once with you on the subject of the exchange of prisoners, " statinir 
 that we have on hand several hundred prisoners, all of whom are without blank- 
 ets, and many without shoes, and indifferently supplied with clothing, and whose 
 Bufferings this winter it w^ill be impossible for uf to alleviate. Tou will use everv 
 exertion consistent with the dignity of your position to perfect some arrange- 
 ment, and in the event of success will exchange immediately man for man, &;c." 
 In accordance with the above order. I therefore propose an immediate ex- 
 change of prisoners, or the opening of negotiations for that purpose, authorized 
 by the cartel now in force, authorizing commanders in the field to enter into 
 such negotiations. I send Assistant Adjutant General Wells, of my staff, 
 charged with full authority iu the premises. 
 
 I am. verv respectfullv. xour obedient servant. 
 
 THOMAS GEEE:N\ 
 Sngad'ier General, Com'dg 1st Division Cavaln/. 
 
 To the Commanding Officer of the federal forces on the Teche. 
 
 Official : 
 
 J. C. KBLTO'S. A. A. G. 
 
EXCHANGE OF PRISONERS. 41 
 
 Headquarters U. S. Troops in Western Louisiana, 
 
 New Iberia, Nocember 29, 1SG3. 
 
 (jENERAL : I acknowledge the receipt of Brigadier General Green's letter of 
 tlift 27th or 2Stli instant, referring to an excliange of prisoners, which he is au- 
 thorized hy you to offer. 
 
 I state, in reply, that if you will coinraeucc the exchange without regard to 
 the regiments or corps to which the prisoners belong, I am willing to exchange 
 man for man, and will depute a general otHcer to arrange at once with General 
 Green a place for the delivery of the prisoners on both sides. 
 
 I also make this proposition : I will have brought here, and send to such 
 point of delivery as you may designate, clothing and blankets for the prisoners 
 of war that remain in your hands, provided that you will permit the articles to 
 be delivered to the prisoners, the United States engaging to pay a reasonable 
 price for freight and handling. 
 
 Another matter which I have been intending for some time to bring to your 
 notice is this : When a part of my force was at Carrion Crow bayou, previous 
 to October 21 last, three of my men were placed as a safeguard at the house 
 of a French subject, on the road from Carrion Crow bayou to Vermillion. I do 
 not know his name. They were taken by some of your troops on the night 
 before I moved forward from Carrion Crow bayou upon Opelousas. Another 
 man who was placed as a safeguard in the house of Mrs. May, a widow, not 
 far from Bisland, was captured, in September last. 
 
 In my opinion, these men are not legitimate prisoners of war, and ought to 
 be sent back to us with their arms and accoutrements Avithout exchange. A 
 precedent has been established in the armies in Virginia, as General R. E. Lee 
 has lately sent back men to General IMeade who were captured under precisely 
 the same circumstances. 
 
 As my sole object in placing these safeguards was to lessen the sutlerings of 
 inoffensive persons, and was not in the slightest degree military or dependent 
 upon the friendship or enmity of the persons to the United States, I hope that 
 you will acknowledge the propriety of my request and return the prisoners re- 
 ferred to without exchange. 
 
 They are: Private Henry C. ^Lirsh, company (', 12th Connecticut volun- 
 teers; jirivate Francis C. W. Rogers, company D, 12th Connecticut volunteers; 
 private Hugh ^lonroe, company H, 12th Connecticut volunteers ; private Louis 
 Uhick, lG.')th New York volunteers. 
 
 I am, very respectfully, your obedient servant, 
 
 W. B. FRANKLIN, 
 Major General Commanding. 
 
 Official : 
 
 J. C. KKLTON, .1. .1. G. 
 
 Headquarters l.)i>rRKr Western Louisiana, 
 
 Alexandria, November 30, 1803. 
 
 General : I have the honor to acknowledge the receipt of your communica- 
 tion, dated November 29, 1863. In reply I have the honor to state that if your 
 expression of willingness to commence the exchange, without regard to the 
 regiments and corps- to which the prisoners belong, is intended to embrace those 
 wlio belong to negro organizations, the instructions of my governunnit preclude 
 me from acceding thereto. 
 
 With the exceptions of members of such organizations, 1 am willing to ex- 
 change all prisoners, man for man. 
 
42 EXCHANGE OF PRISONERS. 
 
 In view of the liardsliips and sufferings to whicli tlie prisoners were sut: 
 jected, and my inability to supply their wants of clothing, 1 despatched an olii- 
 cer to Vicksbnrg to endeavor to make an arrangement for their reception until 
 they should be properly exchanged, and they have been moved in that direc- 
 tion; if such arrangement is effected the prisoners will not require the clothiiiL: 
 and blankets to be forwarded to them as you propose. Should it not beeftectcil, 
 I will communicate with you on the subject so that those articles may reaeli , 
 them. 
 
 The officers of your command who are prisoners in my hands, a list of whom 
 I forwarded to General Washburne shortly after their capture, are in want of 
 clothing, and out of money and articles necessaiy for making them comfortable, 
 which you may send to Brigadier General Green, and it will be delivered to 
 them. 
 
 Recognizing your statement relative to the improper detention of the four 
 men who were captured while acting as safeguards as being well-founded, I 
 have directed their immediate release, and at the earliest practicable moment they 
 shall be returned to your lines. I have taken steps to prevent the recurrence 
 of this matter. 
 
 Should you accede to my projiosition for exchanges as herein stated, I will 
 appoint an otficer authorized to negotiate with one whom you may appoint the 
 necessary terms and details. 
 
 I am, very resijcctfully, your obedient servant, 
 
 R. TAYLOR, 
 Major General Commanding. 
 
 Major General W. B. ^RANKLI^^ 
 
 JJ. S. ,^'ervice. Commanding Troops in Western Louisia7i.a. 
 
 Official : 
 
 J. C. KELTON, A. A. G. 
 
 Headquarters District Western Louisiana, 
 O- Alexandria, Decemher 3, 1863. 
 
 General : In reply to your communication of the 2d instant, I have to state 
 that, while I believe I have no prisoners from your command belonging to negro 
 organizations, the expression contained in your letter of the 29th ultimo, requiring 
 as a condition precedent that I should agree to "the exchange without regard 
 to the regiment or corps to which the prisoners belong," rendered it necessary 
 that I should distinctly inform you that I was precluded by the instructions of 
 my government from acceding to a proposition which would embrace that class 
 of persons, otherwise I woidd clearly have committed myself to a policy, or at 
 least to its recognition, in violation of positive instructions. 
 
 My inability to provide for the prisoners in my hands in such manner as I 
 desire, and my anxiety to alleviate their condition by restoring them to their 
 govei-nment, if satisfactory arrangements could be agreed upon between us, in- 
 duced me to address you on the subject of their exchange. 
 
 I know that you have the means, and 1 do not doubt your inclination, to ex- 
 tend to the prisoners in your hands all the comforts and attentions to which the 
 usages of war entitle them. 
 
 I am willing at all times to exchange with you, with the exception heretofore 
 noted. Officer for officer, and enlisted man for eidisted man, at such point or 
 points as we may agree upon. 
 
 The clothing and other necessary articles of comfort which you intend for 
 the prisoners will be delivered to them. If you desire to send one of your offi- 
 
EXCHANGE OF PRISONERS. 43 
 
 cers for tlie purpose of distributing tlie clotliino- and money, permission will Ibe 
 granted him to visit the officers, prisoners, for that purpose. 
 
 I take occasion to inform you that orders o^' the Confederate States war de- 
 partment prevent the treasury notes of the United States from being delivered 
 to or ])ut in circulation by prisoners. • 
 
 Gold and silver, notes of any banks chartered by the legislature of Louisi- 
 ana, and Confederate States treasury notes may be sent to these officers. ^ i 
 Very respeclfullv, your obedient servant, /, 
 
 R. TAYLOR, 
 Major General Gommandrng. 
 Major General W. B. FranklIi\, 
 
 CommandiTig U. S. Forces in ^^'cstcnl Louisiana. 
 Official : 
 
 J. C. KELTOX. A. A. G. 
 
 s. 
 
 IIeadqiarters FrnsT Division of Cavalkv, 
 
 VcrmiUionvillc, Dcccmhcr 4, 1SG3. 
 
 Ge\kkal: Enclosed I send you by Captain Wells, assistant adjutant general 
 on my staff", a communication from General Taylor. Having no officers or sol- 
 diers of the class spoken of, in this district, and that question being unnecessary 
 to be noted in an arrangement for the exchange of prisoners between yourself 
 and General Taylor, I suppose the exchange will be eifected, and it will be un- 
 necessary to send clothing or money to your officers and men, who are prisoners 
 in our hands. If, however, the negotiation should be again broken oft', ]» will 
 take great pleasure in facilitating you in forwarding money, clothing, or other 
 articles to your officers or soldiers in our hands, in accordance with the terms 
 contained in General Taylor's communication. 
 
 I am, general, very respectfully, your obedient servant, 
 
 THOMAS GREEN 
 Brig. Gen. Cofnmanding 1st Die. of Cavalry, Western Lnuiffiuna. 
 
 Official : 
 
 J. C. KELTON, A. A. G. 
 
 Headquarters Nineteenth Army Corps, 
 
 New Iberia, La., December 13, 1SG3. 
 
 Sir: I have the honor to submit the following report of negotiations v,hich 
 have been made by me with Major W. M. Levy, commissioner in behalf of Major 
 General R. Taylor, commanding Confederate States forces, for exchange of pris- 
 oners of w'ar captured from the mutual commands. 
 
 In obedience to your instriictions, under a flag of truce I met the confederate 
 commissioner at Boutte's plantation, some five miles beyond our pickets, on the 
 12th December, and he having informed me, in behalf of Major General R. 
 Taylor, that they had no officers or enlisted men belonging to negro organizations 
 captured from this command, the enclosed cartel was agreed upon and signed 
 by us in du])licate. 
 
 It will be noticed that all our commissioned officers were exchanged by me. 
 I did so, being anxious, should it unfortimately occur by the fortunes of war 
 that reprisals take place, that none of the oilicers of this command Avould be 
 sufferers. 
 
 Having been notified that a ^Ir. Gatchell, a non-combatant, and a correspondent 
 for the press, was detained in their hands, and, indeed, entered ui)on their lists 
 of prisoners of war, 1 addressed an official communication to Major Levy, 
 
44 EXCHANGE OF PRISONERS. 
 
 requesting to be informed whether Mr. Gatchell was detained as si;ch, and if 
 not, Vv'hether he would be released. (Doc. 1.) The reply to these queries, and 
 which I have the honor to enclose, (Doc. 2,) shows a determination to retain 
 Mr. Gatchell, not as a prisoner of war, but as a reprisal, they asserting that ;: 
 numbe^tof peaceful or non-combatant citizens have been seized by our forces. 
 
 Tlie case of Mr. Gatchell is therefore respectfully referred to you by me, as ir 
 is likewise to Major General Taylor by his commissioner. 
 
 Upon our rolls of prisoners appeared the names of two commissioned officers 
 and five enlisted men not belonging to Major General R. Taylor's command, and 
 they were therefore not exchanged. 
 
 There being an excess of prisoners belonging to this command in the hands of 
 Major General R. Taylor, his commissioner pioposed to deliver them up to us 
 as paroled prisoners, under certain conditions, as expressed in his letter. (Doc. 
 3.) As this woidd be binding us to the delivery of certain persons in exchange 
 who had not been captured by this command as at present constituted, and also 
 upon future captures, I informed Major Levy that I had no authority to enter 
 into such agreement, but would refer it to you. 
 
 Their commissioner, therefore, very frankly stated the sufferings which must, , 
 of necessity, fall upon the prisoners left in their hands, and offered to deliver them 
 paroled to our lines, provided I would agree to return them into their hands, 
 should no agreement be entered into between yourself and Major General Taylor. 
 (Doc. 4.) 
 
 As I viewed this to be binding upon you in the event of any different action 
 being taken by the United States authorities, I declined so as to receive them, 
 thanking him in my reply (Doc. 5) for the high-minded and humane spirit in 
 whicfc, I feel assured, the offer was made. I notified Major Levy that, should 
 no cartel for the excess of prisoners be made, Ave should avail ourselves of the 
 stipulation agreed upon to send the prisoners clothing and other necessaries for 
 their comfort. Hi', in reply, very handsomely offered to allow us to send an officer 
 (on parole of honor) with the clothing, he to see to its proper distribution. 
 
 The enlisted men who were captured while acting as safeguards on property 
 of citizens are to be delivered back to us with their arms, equipments, &c., with- 
 out condition or exchange, and orders have been issued by Major General Taylor 
 against any capture in future of like safeguards. 
 
 I desire to mention the negotiations have been carried on with the best of 
 feeling, and that the greatest liberality and straight forward candor has charac- 
 terized the conduct of the officers who have met me in behalf of Major Genei'al 
 R. Taylor, Confederate States army. 
 
 I am, sir, very respectfully, your obedient servant, 
 
 EDWARD L. MOLINEAUX. 
 Co/ofiel and Acting Assistant Insj7Cctor General, 
 
 Commissioner for Exchange of prisoners in heliaJf of 
 
 Major General W. B. Franklin, U. S. Army. 
 
 Major General W. B. Franklin, 
 
 (Through Major Wickham Hoffman, A. A. G.) 
 
 Official : 
 
 ROBERT N. SCOTT, 
 Major and Assistant Adjutant General, U. S. Vols. 
 
 [Doc. No. ].] 
 
 Fi,A(; OF Tiuic'E, Bodtte's Plantatfon, near New Iberia, La., 
 
 December 12, lS6o. 
 Sir: I have the honor to request you to state whether Mr. Gatchell, a cor- 
 respondent for the New York Herald, and a non-combatant, is detained by you 
 
EXCHANGE OF PRISONERS. 45 
 
 |is a prisoner of war; and if not, wlietluM- lio will Ix; released by the confederate 
 Authorities. 
 
 I am, major, respectfully, your obedient seryant, 
 
 EDWAJID L. MOLINEAUX, 
 Colovel and Commissioner for Exchange in Jx'half 
 
 of Major General W. B. Franldbi, U. S. A. 
 Major W. M. Lew, 
 
 Commissioner, $;c., to Major General R. Taijlor, C. S. A. 
 
 Official : 
 
 ROBERT N. SCOTT, 
 Assistant Adjutant General, U. S. Vols. 
 
 [Doc. No. 2.] 
 
 FLA(i OK Truce, Boutte's Plamation, near New Iberia, 
 
 December I'J, lSo3. 
 Coi-ONEL: In re])ly to yonr conmuinication of this date, asking me to inform 
 :ou whether Mr. W. M. (Tatchell, correspondent of the New York Herald, and 
 I non-combatant, avIio was captured by our forces some time ago, is detained as 
 I prisoner of war, and, if not held as such, Avhether he will be released by Major 
 jreneral R. Taylor, commanding confederate forces, western Louisiana, I hayc 
 state that the citizens in the hands of Major General Taylor, capturcd.4|ith 
 ,'our other prisoners, are not held as prisoners of war, but are held because your 
 government, through its officers in this district, haye arrested citizens, non-com- 
 )atants, and hold them as prisoners of war. 
 
 Among other instances is the case of Mr. John G. I^-att, a citizen of St. Landry 
 )arish, in this State, wholly disconnected with the military service. I mention 
 his as a case similar to that of Mr. (jratchell. I\[ajor General Taylor is, I assure 
 ."ou, anxious that on both sides this ])raclice should be discontinued. 
 I am, colonel, very respectfully, your obedient servant, ■ 
 
 WILL. U. LEVY, 
 Major and Commissioner in behalf oj" 
 
 Major General R. Taylor, (.'. S. A. 
 Colonel E. L. Molinbaix, 
 
 Commissioner for Major General Franllin, U. S. A. 
 
 Official: 
 
 ROBERT N. SCOTT, 
 Major and A. A. G., U. S. Vols. 
 
 [Doc. No. :?.] 
 
 BmiTTE'ts I'la.\tatio\, .near New Iberia, 
 
 December 12, 1863. 
 Colonel: Having been clothed with authority by Major General Taylor, 
 commanding Confederate States forces in western Louisiana, to effect with you 
 arrangements for the exchange of all prisoners now in the hands of the United 
 States and Confederate States authorities, respectively, captured in this military 
 
4G ■ EXCHANGE OF PKLSONERS. 
 
 district, iuid, wlierc there might be an excess on either side, to agree upon terms 
 whereby the excess might be paroled and delivered to their friends ; and liavint;- I 
 been informed by you that you have no authority to enter into any agreement 
 embracing other jirisoners than those captured by the forces of Major General 
 Franklin, and now in his possession, I submit, in behalf of Major General It. 
 Taylor,* Confederate States army, (commanding as aforesaid,) the following 
 propositions for the consideration and action of ]\Iajor General W. B. Franklin, 
 L'nittd States army, (commanding as aforesaid,) and such other authority who<i- 
 ajiproval may be necessary to enable the propositions to be agreed upon in be- 
 half of the United States authorities. 
 
 Major General Taylor will parole and deliver, at the outpost of their friends 
 which may be nearest to that of the forces of Major General Taylor, the excess 
 of ])risoners now in his hands, wdio have been captured from the United Stales 
 forces ill western Louisiana, commanded by Major General Franklin ; the p.".- 
 roles of the prisoners thus delivei'ed to be recognized by the proper United 
 States authorities, or, in the event of their not being thus recognized, such pris- 
 oners to be returned to Mnjor General Taylor, commanding Confederate States 
 forces in western Louisiana; the prisoners belonging to the Confederate State- 
 forces, commanded by JMajor General Taylor, who have been captured from 
 time to time in western Louisiana, at Fort Butler, or elsewhere, and now in the 
 hands of the United States authorities, to be delivered to Major General Taylor, 
 at his outpost which may be nearest to that of the United States forces in 
 western Louisiana. 
 
 ^[;ijor General Taylor will also exchange for prisoners captured from time to 
 time from his command, all other prisoners in his hands who have been from 
 time<(^ time captured from the United States forces in western Louisiana, upmi 
 the terms this day agreed upon for the exchange of prisoners between Coloiu 1 
 E. L. ]\[olineaux and myself, commissioners, and the excess shall be jiaroled 
 and delivered on the terms and with the understanding hereinbefore mentioned. 
 The approval of the commanding officer of the department to be given to the 
 agreement if entered into by Major General Franklin, or such other officer us 
 may be authorized to make the arrangements and agreements ; and it shall be 
 distinctly avowed and understood that such prisoners received by either party, 
 under the terms of this cartel to be entered intn, shall not be released from their 
 parole until regularly exchanged ; and should the government of either party 
 refuse to recognize such paroles, then the prisoners who may have been thus 
 d(divered shall be returned to their captors. 
 
 This agreement is not to be affected by the action or by any cartel agreed upon 
 by the two governments, whether general or special; but if either government 
 should direct the discontinuance of exchange or delivery of prisoners as herein 
 j)roposed, due notice shall be given by the parties respectively, as the orders 
 discontinuing the cartel herein proposed may proceed from one or the other gov- 
 ernment. Any excess of prisoners released on parole by either party, under 
 the provisions of the cartel herein proposed, not to be included in an exchange 
 under a general cartel which may be adopted by the two governments, until 
 formal notice has been given to the other party by the party wishing to include 
 them in such general exchange. 
 
 Before any discontinuance of the cartel herein proposed, notification of such 
 intention shall be given to the other party, and officers and men captured prior' 
 to such notification, and those captured within ten days thereafter, will be sub- 
 ject to the provisions <if the cartel proposed herein ; this term often days being 
 for the purpose of giving the party to whom the notice uf cessation of exchange 
 and delivery, as above mentioned, is sent, ample time to receive it and adopt 
 measures suitable to the new condition of things which would thus arise. 
 
 The cartel which may be adopted on the basis which I have proposed, to be 
 
EXCHANGE OF PRISONERS. 47 
 
 construed mi all occasions according to its spirit, and the propositions herein 
 made are dictated by our earnest desire to mitigate, as far as possible, the suffer- 
 ings of prisoners of war. 
 
 V(.ry rcspectfullv, your obedient servant, 
 ! ' ^ ■ WILL. M. LEVY, 
 
 j ^lajor and ConiDiissioncr in hcli(tlf of * 
 
 Major General 11. Taylor, C. S. A. 
 Colonel E. L. MoMXEAi'x, U. S. A., 
 Commi.ssiuner for Exchange. 
 
 Official : 
 
 Hb'.AUCil'AIM'KP'S OF TIIF. xVRiVV, 
 
 JVasI/ingfon, D. C. 
 
 ROBERT N. SCOTT. 
 
 Major and .1. .il. G. 
 
 [Doc. No. .'').] 
 
 Flag of Tuucf,, neau Xe;\' Iiu^fja, La , 
 
 Deccmher lo, 1^63. 
 
 Major : I have to acknowledge the receipt of your communication of this 
 date, offering to deliver into J\Lajor General W. B. Franklin's hands, on pai'ole, 
 the excess of prisoners captured from his command, under certain conditions. 
 
 I have the honor to state, ;hat while I fully appreciate your humane desire to 
 alleviate the sufferings which must of neces.-ity attend the prisoners in your 
 hands, yet I cannot accept your proposal until further instructions havQ|beeu 
 received from Major General Banks, commanding department of the Gulf. 
 
 As soon as he is heard from on the subject I shall have the pleasure of in- 
 forming you, in behalf of Major General W. B. Franklin, through a flag of truce. 
 I am, sir, your obedient servant, 
 
 EDWARD L. MOLINEAUX, 
 Colonel and Coinmhsioner foir Exchange of Prisoners, 
 
 in behalf of Maj. Gen. W. B. Franklin, LI. S. A. 
 Major W. AL LoNCi, 
 
 Commissioner, Sfc, in behalf of Moj. Gen. R. Taylor, C. S. A. 
 
 Official ; 
 
 ROBERT N. SCOTT, 
 
 Major and A. A. G. 
 
 Headquarters Ni.\eteexth Army Corp.*, 
 
 Neic Iberia, La., December 15, 1863. 
 
 Major : In my reply to your communication of the 2d instant respecting the 
 paroling of the excess of prisoners in the hands of JNIajor General R. Taylor, C. 
 S. A., I had the honor to inform you that as soon^ a definite answer had been 
 received from Major General N. P. Banks 1 would innnediately inform you. 
 
 I have the pleasure, herewith enclosed, to send you copies of the telegraphic 
 correspondence between ]Major General W. B. Franklin and Major General N. 
 P. Banks on tlie subject, and as the reply from headquarters of tlui department 
 is favorable, I would suggest that all the excess of paroled men now in your 
 possession be moved towards some favorable point for delivery. 
 
 I am instructed to inform you that Major General N. P. Banks has appointed 
 a commissioner on his part to agree upon a cartel and agreement for paroling of 
 the balance of all prisoners in the hands of Major General R. Taylor. 
 
48 EXCHANGE OF PRISONERS. 
 
 Will you please apj^oint the time and ])lace at which you will meet the said 
 commissioner, and notify Major (xeneral VV. V>. Franklin two or three Jays in 
 advance ? 
 
 I am, major, very resnectfully, your ohedieiit servant, 
 
 E. L. MOLINEAUX, 
 Cominhsu)iier for Exc/uivge of Prisoners on. hchalf of 
 
 Maj. Gen. W. B. Frank/ m,' U'. S. A. 
 Major W. M. Levy, 
 
 Commissioner, Sfc, in behalf of Mnj. Gen. R. Tajjlor, C. S. A. 
 
 I have requested you to state whether it is agreeable to you to exchange Mr. 
 H. Fenner, civil clerk in commissary department, for Mr. Stockton, assistant 
 engineer, and Lieut. Bt. Webb, taken when not in commission. I shall bring 
 Mr. S. up at the exchange, hoping to have a favorable answer. 
 
 Official : 
 
 ROBERT N. SCOTT, Major and A. A. G. 
 
 New InERiA, Deceinher 1-3, 1863. 
 The exchange of prisoners, oiticer for officer and man for man, is progressing. 
 General Taylor offers to place the excess of prisoners in his hands in our pos- 
 session on these terms, viz : 
 
 1. Their parole to be recognized by the United States authorities; and if 
 they are not so recognized the jirisoners to be returned to General Taylor. 
 
 2. AH prisoners from the forces under General Taylor's command to be ex- 
 changed for these paroled prisoners, including those taken at Fort Butler or else- 
 where. 
 
 3. The agreement thus entered into is not tt) be affected by the action of the 
 government of either party; but if any general exchange be agreed upon by 
 the two governments the excess of prisoners is not to be included in that agree- 
 ment until formal notice has been given by one party to the other to include 
 them in that exchange. Also, ten days' notice must be given of the cessation 
 of exchange before any change in the cartel shall go into effect. 
 
 General Taylor Avishes an acceptance of these terms by the department com- 
 mander. 
 
 W. B. FRANKLIN, 
 Major General Comm,an3ing. 
 Brigadier General 0. P. Sto\e, 
 
 CJiief of kifajf', Kelt? Orleans, Ln. 
 
 -Official: 
 
 ROBERT N. SCOTT, jlfa/or and A. A. G. 
 
 Department of the Gulf, 
 UNiTEtt States Milfparv Telegraph Office, 
 
 * Iberia, December 14, 1863. 
 
 [L>y telft(ia]i!i from New Orleans, December 1-t, 1863. | 
 
 Major General Franki,l\, Cornmanding Troops in JVeslern Louisiana: 
 
 The major general commanding the department will approve the acceptance 
 by you of the terms proposed by General Taylor, as by your despatch of yes- 
 terday, just received. 
 
 C. P. STONE, 
 Brigadier General and Chief of Staff. 
 Official : 
 
 ROBERT N. SCOTT, Major and A. A. G. 
 
EXCHANGE OF PRISONERS. 49 
 
 Headquarters District Western Louisiana, 
 
 Alexandria, December 18, 1863. 
 
 Colon RL: I have the honor to acknowledge the receipt of your communica- 
 tion of tlie ]5th instant, and enclosui-es, viz : copies of the telegraphic corre- 
 spondence between Major General W. B. Franklin and Major General N. P. 
 Banks. 
 
 The ajjproval of jMajor General Banks being given to terms proposed by me 
 as commissioner, for the delivery of the excess of prisoners in the hands of 
 Major General Taylor belonging to the command of Major General Franklin, 
 that excess will accompany the officers and enlisted men whom we agreed to 
 exchange in the cartel entered into between us on the 12th instant, and will be 
 delivered at the place therein indicated. These prisonei's are now en route for 
 the point below Vermillionville, and will arrive there in four or five days from 
 the day on which you will probably receive this; but due notice will be given 
 you, so that the prisoners on both sides may reach the spot contemporaneously. 
 
 HcrcAvith I enclose the list of eight privates who will be exchanged for Major 
 R. A. Howard, A. C. S., C. S. A., whom you have upon your list of officers in 
 your possession as prisoners. 
 
 Be pleased to have Major Howard delivered when the others are exchanged 
 at the stage- stand. 
 
 H. Fenner, of whom you write, will be sent down for exchange with Mr. 
 Stockton, as requested by you. 
 
 Major General Taylor instructs me to state to you that he will appoint a 
 commissioner to meet the commissioner appointed by Major General Banks, 
 and suggests the Red River landing, near the mouth of Red river, jis the 
 place of meeting. He requests that General Banks may be informed thereof, 
 and that he will name the time at which his commissioner will be at the place 
 and communicate the same to him, so that no delay or detention may be expe- 
 rienced by either party. 
 
 Enclosed please find receipts of Lieutenant Herbert and H. F. Fenner for 
 money forwarded to them through district headquarters by flag of truce. 
 I am, colonel, your obedient servant, 
 
 WILLIAM M. LEVY, 
 Major and Commissioner for Exchange oj" Prisoners 
 
 on behalf of Maj. Gen. II. Taylor, C. S. A. 
 
 Colonel E. L. Molineaux, 
 
 Com?nissioner, t^c, on behalf of Maj. ]V. B. Franklin, U. S. A. 
 
 Official : 
 
 ROBERT N. SCOTT, 
 
 Major and A. A. G. 
 
 Headquarters Department of the Gulf, 
 
 New Orleans, December 21, 1863. 
 
 General: I have the honor to acknowledge Ae receipt of your despatches 
 of December 15, 1863, transmitting the cartel for the exchange of prisonei'S and 
 the accompanying correspondence and documents. 
 
 In answer to the inquiry presented by jMajor William M. Levy, major and 
 commissioner of exchange for Major General Taylor, Confederate States army, 
 dated at New Iberia, December 13, you are hereby authorized to say that I 
 will agree, if the ])risoncrs in excess of our prisoners are paroled and delivered 
 to you, they Avill be held as paroled prisoners of war, and only released there- 
 from if when duly exchanged by agreement entered into between Major Gen- 
 eral Taylor and ^Lajor General Franklin, (or the commanding officer of the 
 H. Ex. Doc. 32 4 
 
50 EXCHANGE OF PRISONERS. 
 
 forces of the United States;) and if it shall be proposed to include these paroled 
 prisoners in any exchange to be effected under the cartel between the two 
 governments for the general exchange of prisoners of war, formal notice shall 
 be given of such desire to Major General Taylor by Major General Franklin, 
 (or the officer in command of the forces of the United States;) and in the event 
 of the paroles not being recognized by the government of the United States, or 
 its authorities, I will agree to return their prisoners to Major General Taylor. 
 
 In reference to the capture of William M. Gatchell, a correspondent of the 
 New York Herald, you Avill say that wc regard him and other gentlemen of his 
 profession as standing upon the same basis as other non-combatants. His pro- 
 fessed intention is to make a true report of the events of the war as a basis for 
 history, and he would, no doubt, gladly do within the camp of the confederate 
 army, with the consent of its officers, that which he does in our camp. Ad- 
 hering to such purpose, he cannot be considered a public enemy to either govern- 
 ment; if he falsifies his profession by his acts, his detention should be placed 
 upon that ground; while we could not ask that he should be allowed the 
 privilege accorded him within our lines, we certainly have the right to ask his 
 surrender, upon the ground that, adhering in good faith to his profession as a 
 reporter, and willing to do for one side what he does for the other, he cannot be 
 considered a public enemy. The case of Mr. John S. Pratt, a citizen of St. 
 Landry parish, stands upon entirely different grounds. Mr. Pratt is recognized 
 by the government of the United States as "General Pratt," engaged in the or- 
 ganization of military service for the confederate army, whose position and 
 character was so prominent as to give his name to the general camp of military 
 instruction for the State of Louisiana. It is immaterial whether he was com- 
 missioned for this service by the State or by the Confederate States; if he is still 
 in possession of this authority, and in the performance of this duty, he is rightly 
 held a prisoner of war. If he has surrendered his commission, and discontinued 
 permanently the exercise of the power conferred upon him, the change in hi& 
 position should be made public, in order that it shall be understood by the 
 people that he retains his liberty within the country occupied by our troops 
 because of the permanent change in his position and purpose. 
 
 There can be no doubt that he has exercised such powers, and I have re- 
 ceived no evidence of any change in his position in that respect. 
 
 Until such evidence is offered there can be no just claim for his release. I 
 concur Avith Major General Taylor in the expression of opinion, which does him 
 so much honor, " that those who are not parties, directly or indirectly ,to the 
 contest in which we are engaged, should be relieved as far as possible from the 
 suffering incident thereto." I do not approve the arrest of persons without 
 other cause than that they are found within the lines of one army or the other. 
 I have released all the prisoners in this department taken from the walks of civil 
 life, except when held for the commission of crimes, independent of all political 
 considerations, or where their release would imperil public peace, and I shall 
 gladly co-operate with General Taylor, as far as possible, in relieving from the 
 horrors of war those who are not in any sense to be considered as participants 
 therein. 
 
 I have the honor to be, with high respect, your obedient servant, 
 
 N. P. BANKS, 
 Major General Commanding, t^c. 
 Major General W. B. Franklin, 
 
 Commanding United States Forces, S^x. 
 
 Official copy : 
 
 C. S. SARGENT, 
 
 A. A. A. General. 
 Official : 
 
 ROBERT N. SCOTT, Major and A. A. G. 
 
EXCIIANCiE OF PRISONERS. 51 
 
 IIeauqijartkrs 19th Army Corps, 
 
 New Iberia, La., December 22, 18G3. 
 ]\[ajor: I have the honor to inform you that Ave have received word from 
 Major General N. P. Banks, United States army, tliat his commissioner will 
 meet the one appointed by Major General R.Taylor, Confederate States, army at 
 Red River landing on the 1st day of January, 1S64. or as soon after as prac- 
 ticable for them to meet at the appointed place. 
 
 I have to inform you our prisoners are here ready for exch;; ic. 
 I am, major, vour obedient servant, 
 
 EDWARD L. MOLINEAUX, 
 Colonel and Commissioner for Exchange of Prisoners 
 
 on behalf of Major General IV. B. Frayiklin. . 
 Major W. M. Lkvv, 
 
 Commissioner for Exchange in behalf erf Major General Taylor. 
 
 Official : 
 
 ROBERT N. SCOTT, 
 
 Major and A. A. G. 
 
 Headquarters, District Western Louisiana, 
 
 December 23, 1863. 
 
 CoLO.N'EL : In the absence of Major W. M. Levy, I have the honor to acknow- 
 ledge, by direction of Major General Taylor, the receipt of your communication 
 of the 20th instant, proposing, on behalf of Major General Franklin, the exchange 
 of Captain Maltby, editor of the Ranchero, for Mr. Gatchell, the correspondent 
 of the New York Herald, both of Avhom are supposed to be non-combatants and 
 not, at the time of their capture, in the military service of either belligerent. 
 
 I am instructed to say that Major General Taylor regrets he cannot accede 
 to the pro[)osai. The capture and detention by the Confederate States forces 
 of Mr. Gatchell and of others similarly situated is resorted to for the purpose of 
 putting an end, if possible, to the practice of the United States authorities of 
 arresting and imprisoning private citizens of the Confederate States, in no Avise 
 coimected with the service at the time of their arrest. 1'he object of the measure 
 would be entirely defeated by recognizing, as the offer of ]\Iajor General Franklin 
 substantially proposes to do, these persons as prisoners of Avar, and a proper 
 subject of exchange in that character. 
 
 I am further instructed to state that Major General Taylor earnestly desires 
 to effect some general arrangement by Avhich the non-combatants held by both 
 belligerents may be released, and that, before the correspondence between Major 
 General Banks and himself shall ha\^e closed, a convention may be agreed upon, 
 protecting for the future persons not engaged in the military or naval service of 
 the respective governments from capture by cither party. 
 
 I have the honor to be, colonel, Avith best respects, your obedient servant, 
 
 P. E. BOINFORD, 
 \st Lieutenant and Aide-de-Camp. 
 
 Colonel US. Molineaux, 
 
 Commissioner on belialj' of Major General Franhlin, U. S. A. 
 
 Official : 
 
 ROBERT N. SCOTT, 
 Major and Assistant Adjutant General. 
 
52 EXCHANGE OF PRISONERS. 
 
 Headquarters 19th Army Corps, 
 
 New Iberia, Louisiana, December 23, 18G3. 
 INIajor : I have the honor to acknowledge the receipt of your favor of the 
 ISth instant. 
 
 Major General N. P. Banks has signified his assent to Red River landing as 
 a place of meeting between his commissioner and one appointed by Major General 
 R. Taylor. As soon as he appoints a commissioner and names the time, I will 
 immediately notify you. 
 
 I have to express to you my sincere regret that your escort at our last meeting 
 suffered the loss of certain halters belonging to them, and Captain Wells of a 
 pair of saddle-bags. Every means has been taken to ferret out the delinquents 
 and to bring them to punishment. 
 
 I have the honor to state that I have forwarded to care of Captain E. R, 
 Wells, H. H. G. General Green, four army halters complete and one pair sad- 
 die-bags, to make right the deficiency, and I think you will accept the apology 
 in the same frank spirit in which it is given. Major R. A. Howard will be ex- 
 changed as you propose. 
 
 I have the honor to request you to furnish us information respecting Finley 
 Anderson, a correspondent of the New York Herald, who was captured on board 
 of steamer Queen of the West, in May last, and was last heard from at Shreves- 
 port in August. 
 
 I am, major, respectfully, your obedient servant, 
 
 E. L. MOLINEAUX, 
 Colonel and Commissioner for Exchange of Prisoners, 
 
 in behalf of Major General TV. B. Franklin, U. S. A. 
 Major William M. Levy, 
 
 Commissioner for Exchange of Prisoners in behalf 
 
 of Major General R. Taylor, C. S. A. 
 
 Official : 
 
 ROBERT N. SCOTT, 
 Major and Assistant Adjutant General. 
 
 Headquarters, District Western Louisiana, 
 
 December 23, 1863. 
 
 General : Your communication of the 19th instant, enclosing the affidavit 
 of one E. J. Conner, touching the alleged cruel treatment of certain United 
 States officers at Monroe and Shrevcsport, has been received. In reply I have ' 
 the honor to state that the rumors upon which Conner's affidavit is based are ! 
 utterly without foundation, and I have to regret that Major General Banks has i 
 thought them of sufficient importance to call my attention to them, particularly] 
 considering the improper language in ^yhich the affidavit is couched. 
 I am, general, very respectfully, your obedient servant, 
 
 R. TAYLOR, 
 Major General Commanding, C. IS. A 
 Major General W. B. Franklin, 
 
 Commanding U. S. Troops, Western Louisiana. 
 
 Official 
 
 ROBERT N. SCOTT, 
 Major and Assistant Adjutant General. 
 
EXCHANGE OF PRISONERS. 53' 
 
 AFFIDAVIT. 
 
 1 solemnly swear that when I was at Monroe, Louisiana, a j)risoner in the 
 hands of the confederates, June 27, 1863, I was allowed to go about on parole, 
 and learned from various parties, and among tlicm soldiers belonging to the 
 confederate army, also some Union ladies entitled to belief, sufficient to satisfy 
 me that two United States officers, one a captain and the other a lieutenant of 
 African troops, taken prisoners while on a scout at Millikeu's Bend, on or about 
 the Gth June last, after imprisonment two days in the court-house at Monroe, 
 were taken out and murdered by the enemy, and when I got to Shrevesport I 
 found that it seemed to be the common talk there. 
 
 I further depose and say, that on Tuesday, July 14, 1SG3, I was in Shreves- 
 port, and on that day Dick Taylor's prisoners, captured from the United States 
 forces at 15rashear city, arrived there, and among them were two commissioned 
 officers, from what I learned, of the Corps d'Afrique, who were separated from 
 the rest and put in solitary confinement, with a ball and chain, and General 
 Banks has the names of these two officers. 
 
 E. J. CONNER. 
 
 New Orleans, Kovemhcr 19, 1864. 
 Sworn before me. 
 
 r ^. HENRY L. PIERSON, 
 
 '■"""■' Captain and A. A. G. 
 
 Address : 
 
 Care Northri p &: Co., 
 
 33 Front street, Mc/njJi/s. 
 
 Official : 
 
 ROBERT N. SCOTT, Major and A. A. G. 
 
 Assistant Inspecior General's Office, 
 
 Headquarters 19th Army Corps, 
 
 Xeic Iheria, La., Dcccmhcr 28, 1863. 
 
 General : 1 have the honor to report that the exchange agreed upon by the 
 cartel of December 13 has been fully and satisfactorily effected. The exchange 
 took place at noon on the 25\h instant, at the old stage station, midway 
 between Vermillionvillo and New Iberia, and a verbal agreement was entered 
 into that no hostile movement or demonstration should be made by the con- 
 federates towards New Iberia or its rear, or on our part towards Vermilliouville 
 and its rear, during the 2r)th, 2Gth, and 27th instant, for the purpose of giving 
 each party sufficient time to refresh and send to the rear the exchanged and 
 paroled men. 
 
 I would respectfully refer you to the herewith rolls of exchange and paroled 
 prisoners, by which we receive back, and report for duty to their respective 
 regiments, 29 commissioned officers, 2^2 non-commissioned officers and privates, 
 and receive in charge 449 paroled prisoners, subject to a cartel to be entered 
 into between the commissioners on behalf of 3Iajor General N. P. Banks, 
 U. S. A„ and ]\[ajor General R. Taylor, C. S. A. 
 
 At the request of the commissioner for jMajor General R. Taylor, C. S. A., the 
 paroled prisoners, before being delivered, were drawn up in line, and it was 
 announced to them that their paroles were binding upon them until regularly 
 exchanged ; that they had been delivered into the charge of the United States 
 to prevent sufHering among them during the winter; that, in the event of no 
 amicable arrangement being made, they Mere suliject to be returned to the cus- 
 tody of their captors, although such a contingency was not likely to occur. 
 
54 EXCHANGE OF PRISONERS. 
 
 The roll was then called over and corrected, and the said paroled men 
 delivered over to me in good faith, npon my simply siguiiig receipts for the 
 correct number at the foot of each roll. 
 
 In compliance with your instructions, those of our men suffering for the want 
 of shoes, blankets, &c., were supplied, provisioned, and ihe exchanged officers 
 and men of the regiments at this place sent to their commands. Those belong- 
 ing to the 13th army corps were sent under a guard to report to Brigadier 
 General McGinnis, at Algiers, and the paroled prisoners (under guard) to 
 Brigadier General Bowen, provost marshal general, at New Orleans. 
 
 It is with considerable pleasure that I can report that the confederate prison- 
 ers, officers and men, were anxious to express their feelings at the humane 
 manner in which they had been treated while in the hands of the United States 
 authorities ; but I consider it my duty to call attention to the following fact: 
 
 Many of the prisoners who were despondent at the prospects of the con- 
 federacy before they were sent to New Orleans, on their return from that city 
 seemed to be animated with a different feeling, and to have been encouraged in 
 their treason and hopes, from the numerous interviews which they are reported 
 to have had with rebel sympathizers and friends visiting- them in that city. 
 They arrived here, the officers and in many instances the men, with presents of 
 two and sometimes three suits of clothing and under-clothes. 
 
 I suffered the officers to pass their clothing, but I deemed it proper, as pro- 
 vost marshal general in the held, to seize such articles as the following, which 
 the men had concealed, viz : files, cotton thread, needles, spurs, paper, playing 
 cards, slioes, medical scales, in undue quantities. 
 
 I respectfully mention this, although I do not know that it can be avoided if 
 necessity compels the keeping of prisoners in the city of New Orleans. It is to 
 be regretted that this exchange, which is now ended between your commissioner 
 and that of Major General 11. Taylor, C. S. A., should not have been success- 
 ful in effecting the release of Mr. Gatchell, news correspondent. In every other 
 respect it has been entirely satisfactory to ]\Iajor Levy, commissioner of C. S. A., 
 and myself, and I trust will meet with your approval. 
 Respectfully, your obedient servant, 
 
 E. L. MOLINEAUX, 
 
 Major General W. B. Fram<li.\, U. S. A. 
 Official : 
 
 Colonel and Comviissioncr. 
 
 ROBERT N. SCOTT, 
 
 Major and A. A. G. 
 
 Headqiarters Department OF the Gulf: 
 
 A'tw Orleans, December 31, 1S63. 
 
 CoLO\EL: The major general commanding appoints you commissioner to 
 confer, in his name, witli a commissioner appointed by Major General R. Taylor, 
 C. S. A., on the subject of exchange of prisoners. 
 
 The place of meeting agreed upon for the conference is Red River landing, 
 near the mouth of Red river, to which place you will please proceed without delay. 
 The time of meeting is the 1st proximo, or as soon thereafter as practicable. 
 
 Enclosed you have a copy of a letter from the major general commanding to 
 Major General Franklin, confirming the exchange agreed upon by the latter, 
 and you are desired to give formal sanction to that exchange, in the name of the 
 major general commanding, should it be requested. 
 
 You are authorized to ofter to Major General Taylor, on the same terms as 
 those agreed upon by Major General Franklin, all the prisoners recently cap- 
 tured by the United States forces in Texas, provided he will procure the delivery of 
 
EXCHANGE OF PRISONERS. 55 
 
 all captured from tlio United States at Galveston, Sabine Past?, and other points in 
 Texas. You will also endeavor to procure the release on parole of our prisoners 
 captured at Bra.shear and other ^^oints in the department, and now held by the 
 confederate authorities. 
 
 You will be careful in all conferences to keep in view the fact that the com- 
 manding general will not sanction any difference being made between the of- 
 ficers and men of diftercnt corps of the army. 
 
 The officers and men of colored regiments have been received into the service 
 of the country ; and no agreement can be made or discussed in which the 
 rights of the colored troops or their officers to be treated and exchanged as other 
 prisoners of war may be ignored. 
 
 You will please correspond freely with these headquarters during your con- 
 ferences, using the telegraph from Port Hudson to facilitate communication. 
 I am, verv respectfully, colonel, vour obedient servant, 
 
 CHARLES P. STONE. 
 Brigadier General Chief of Staff. 
 Colonel C. C. Dwight, 
 
 IQQth Reiriment N. Y. Volunteers, Neiv Orleans. 
 
 Official copy 
 Official : 
 
 G. HEPvMAN LIEBER, 
 
 A. A. A. General. 
 
 ROBErvT N. SCOTT, 
 
 Major and A. A. G. 
 
 •" 3Ie?}ioranda of prisoners of war held hy Major General Banlcs-, com?nanding 
 dejjorifnent of the Gulf December 31, ISO 3. 
 
 Officers : Colonels (one) 1 
 
 Majors (one) 1 
 
 Captains (five) 5 
 
 Lieutenants (thirteen) 13 
 
 20 
 
 Enlisted men : Non-commissioned staff (two) 2 
 
 Sergeants (twelve) 12 
 
 Corporals (ten) 10 
 
 Artificers (one) 1 
 
 Privates (one hundred and ninety-three) 193 
 
 C. S. navy (eight) 8 
 
 220 
 
 Red River Laxding, Louisiana, 
 
 January 4, 1SG4. 
 Sir: As commissiouer on the part of Major General Banks, U. S. A., for the 
 exchange of prisoners, I am authorized to offer, and do hereby offer, to Major 
 General Taylor, C. S. A., to deliver to him, upon the same terms as those 
 agreed upon in the cartel this day executed by us, all the prisoners recently cap- 
 tured by the United States forces in Texas, provided Major General Taylor will 
 
56 EXCHANGE OF PRISONERS. 
 
 procure the delivery to jMajor General Banks of the prisoners captured from 
 the forces of the United States at Galveston, Sabine Pass, and other points in 
 Texas. 
 
 I am, major, very respectfully, &c., 
 
 CHARLES C. DWIGHT, 
 Colonel. \QQth Ncto York Vols., Commissioner, &fc. 
 Major Wm. H. Levy, C. S. A., Commissioner, S^x. 
 
 Official copy : 
 
 CHAS. P. STONE. 
 
 Brigadier General, Chief of Staff. 
 Official : 
 
 ROBERT N. SCOTT, 
 Major and Assistant Adjutant General. 
 
 Red River Landing, Louisiana, 
 
 January 4, 1864. 
 Colonel : I am instructed by Major General Taylor, C. S. A., commanding 
 district of western Louisiana, to call your attention, and through you tliat 
 of Major General Banks, to the arrest and detention of citizens of the Confed- 
 erate States holding no military position, and in no manner connected with the 
 army. The assurances of Major General Banks, in cori'espondence heretofore 
 had with him, of his indisposition to hold as prisoners private citizens, induces 
 me with the greater confidence to refer to cases of this character with the hope 
 that individuals thus held may be released. Among those who are detained I 
 would cite Judge M. Voorhies, of St. Martin parish; Mr. J. W. Pratt, of St. 
 Landry; and Mr. D. O'Brien, of Vermillion. All of these gentlemen arc pri- 
 vate citizens wholly disconnected with the army. Judge Voorhies is an asso- 
 ciate justice of the supreme court of Louisiana, elected in 1859, and has never 
 been in the army, but has confined himself to his judicial duties. Mr. Pratt 
 was formerly brigadier general of the State militia, but for nearly a year has 
 been disconnected with that position, and long since vacated his commission; 
 for many months previous to his arrest he had resided quietly at his plantation 
 in St. Landry ; and at the time of capture was at home, not expecting to be in- 
 terfered with, as he was clearly a non-combatant. Mr. O'Brien was never in 
 the military service of the Confederate States. Major General Taylor instructs 
 me to state tiiat he sincerely desires there may be a discontinuance of the prac- 
 tice of making an-ests of this character, and detaining in custody private citi- 
 zens, non-combatants, whom he does not regard as proper subjects for capture 
 as prisoners of war, and would be glad to accede to some arrangements which 
 would definitely settle a policy in this district putting a stop thereto. 
 
 I am, colonel, very respectfully, your obedient servant, 
 
 WILLIAM M. LEVY, 
 ]\lajor and (Commissioner in hcJtalf of Major Gen. Taylor, C. S. A. 
 
 Colonel CnAS. C. Dwioht, 
 
 lG0/7i Nciv York Vols., U. S. A., Commissioner, S^v. 
 
 Official 
 
 ROBERT N. SCOTT, 
 
 Major and A. A. G. 
 
EXCHANGE OF PRISONERS. •* 57 
 
 Hkadquarters District of Western Louisiana, 
 
 Alexandria, January 5, 1864. 
 
 General : I liave the honor to acknowledge the receipt of your communi- 
 cation of the 2d instant, with the copy of the despatch of Major General Banks 
 to you of the 19th ultimo. 
 
 The sentiments expressed by Mnjor General Banks with regard to the 
 exemption of citizens within the circle of military operations from disturbance 
 or arrest, 1 need hardly say, meet my cordial approval. They have satisfied 
 me of the sincere desire entertained by M.'ijor General Banks to put an end to 
 arrests of non-combatants in the district of country over which he exercises mil- 
 itary control, and, acting under that conviction, I have released Mr. W. M. 
 Gatchell, the Herald correspondent, and sent him down to you, with this com- 
 munication. I shall take the necessary measures to prevent, for the future, 
 the arrest or detention by the troops under my command of persons not con- 
 nected with the army or navy of the United States, nor engaged in giving them 
 assistance in military movements, and shall confidently anticipate the adoption 
 of similar measures by Major General Banks. I shall also cause it to be known 
 to the inhabitants of tliose portions of the State Avhich may be subject to in- 
 vasion, that, in case of invasion, they can safely remain at their homes, without 
 the fear of disturbance in the peaceful pursuit of their avocations. 
 
 Among the prisoners taken in the movement on Brashcar city were several 
 who claimed to be citizens. They have been sent to Texas. I shall direct an 
 inquiry to be made into their condition, and have them released if their repre- 
 sentations prove correct. 
 
 I have no doubt my commissioner, Mnjor W. M. Levy, now in conference, at 
 Red River lauding, with the commissioner appointed by Mnjor General Banks, 
 will be able to form with that officer a convention for the general exchange and 
 delivery of prisoners of war which will be satisfactory to both parties. 
 
 Tlie case of Mr. John G. Pratt, of the parish of St. Landry, has been mis- 
 apprehended by Major General Banks. Mr. Pratt, at the time of the fiiU of 
 the city of New Orleans, was a brigadier general of militia in the service of the 
 State, and so continued until the repeal by the legislature, at its last session, of 
 the militia law under which he held his commission. Mr. Pratt has never held 
 any other commission than that of brigadier of militia, which was vacated at the 
 time I have mentioned, and has never been engaged in the organization of mil- 
 itary forces for the Confederate States army. About eighteen months since a 
 camp in the vicinity of New Iberia, which had been used as a camp tor a small 
 body of militia, and which bore his name, was taken by me as a camp of in- 
 struction for conscripts, but Mr. l*ratt has never exercised any authority, mili- 
 tary or otherwise, over or in connexion with that camp since the day it was so 
 appropriated. I trust that this explanation will be sufficient to convince Major 
 General Banks that Mr. Pratt, in accordance with the liberal views he has 
 expressed relative to non-combatants, is entitled to be released, and that he will 
 be permitted to return to his home. 
 
 Very respectfully, your obedient servant, 
 
 R. TAYLOR, 
 Maj. Gen., Commd'g District Western Louisiana. 
 
 Official : 
 
 ROBERT N. SCOTT, 
 
 Major and Assistant Adjutant General. 
 
58 ^ EXCHANGE OF PRISONERS. 
 
 New Orleans, La., January 7, 1864. 
 
 General : I have the honor to report that, in obedience to the instructions 
 contained in your letter of December 31 ultimo, 1 left this city on the 1st 
 instant, reached the mouth of lied river on the evening of the 2d instant, and 
 met the commissioner, on the part of Major General K. Taylor, at Red Rive.T 
 landing- on the morning of the 4tli instant. After an exhibition to each other of 
 our respective credentials, we proceeded to confer upon the subject of an exchange 
 of prisoners, and a short conference resulted in the execution by myself and 
 Major Wm. M. Levy, the commissioner on the part of Major General Taylor, 
 of the cartel, in duplicate, one copy of which I have the honor to present 
 herewith, and which will be seen to embrace all the prisoners heretofore cap- 
 tured, respectively, by and from the commands of Major General Banks and 
 Major General Taylor. Some discussion was had in reference to a general 
 cartel for the exchange of all prisoners hereafter to be captured by and from 
 the same commands, but thereupon immediately arose the question of the ex- 
 change of the officers and men of the negro organizations, when Major Levy 
 informed me that his instructions positively forbade him to make any agree- 
 ment which should in any manner include the members of such organizations, 
 and I informed him that my instructions equally forbade me to make any 
 agreement which should in any manner exclude or discriminate against them. 
 It was therefore apparent that no agreement for the exchange of future cap- 
 tures could be made by us. 
 
 Major Levy declared that the cartel which Avas executed by us did not vio- 
 late his instructions above mentioned, for the reason that General Taylor has 
 not, up to that time, taken any prisoners of the organizations referred to. 
 
 Accompanying the cartel, enclosed with this, will be found a correspondence 
 between Major Levy and myself upon the subject of a proposed excliange of 
 prisoners captured by and from the commands of Major General Banks in 
 Texas ; also a letter from Major Levy, designed to call the attention of Major 
 General Banks to the matter of the capture of non-combatants, and especially 
 to the cases of Messrs. Pratt, Voorhies, and O'Brien, claimed to be non-combat- 
 ant residents within the lines of the confederate army, lately taken prisoners by 
 the forces of Major General Banks. 
 
 ILaving completed the business of my mission, I left the mouth of Red river 
 on the 5th instant, and arrived in this city on the evening of the 6th. 
 I am, general, very respectfully, your obedient servant, 
 
 CHARLES C. D WIGHT, 
 Col. 160/A New York Vols., Commissioner, Sfc. 
 
 Brigadier General Charles P. Stone, 
 
 Chief of Staff, S^-c, S^v. 
 
 Official copy : 
 
 ROBERT N. SCOTT, 
 Major and Assistant Adjutant General. 
 
 Headuuarters Department of the Gulf, 
 
 New Orleans, January 13, 1864. 
 General: By direction of Brigadier General Stone, chief of staff, &c., I 
 have the honor to forward to you lists of prisoners captured by the command of 
 Major General Banks from the command of Major General R. Taylor, and to 
 be embraced in the terms of a cartel lately executed between Major W. M. Levy, 
 conimissioner on the part of Major General Taylor, and myself, on the part of ^ 
 Major General Banks. 
 
EXCHANGE OF PRISONERS. 59 
 
 That cartel provides that lists of prisoners shall he furnished by said com- 
 missioners, respectively, to each other, and I have the honor to request that yon 
 will cause the accompanying lists to he furnished to Major Levy by the first 
 opportunity, under flag of truce, and will receive from j\Iajor Levy, in return, 
 the lists of the prisoners to be exchanged for them by Major General Taylor. 
 It will be seen that the greater number of prisoners embraced in the accom- 
 panying lists have been sent to Fortress Monroe and New York. 
 
 Measures have already been taken to procure the return to this department, 
 for exchange, of such of those prisoners as have not already been (^Kchanged 
 or delivered on parole by the authoi-ities to -whom they were sent. 
 
 You will please communicate this fact to Major Levy, with the lists of pris- 
 oners. 
 
 I am, general, very respectfully, your most obedient servant, 
 
 CHARLES C. DWIGHT, Colonel, S,r.. 
 Major General W. I). Fr.\nkli.\, 
 
 Conimandin ii Nineteenth Army Cofp-f. 
 Official : 
 
 ROBERT N. SCOTT, 
 Major and Assistant Adjutant General. 
 
 Headquarters Department of the Gulf, 
 
 Xeiv Orleans, Fehniarij 2, 1S64. 
 General: I have the honor to transmit herewith copy of a cartel for the 
 exchange of prLsoners agreed upon by commissioners appointed by Major 
 General R. Taylor, Confederate States army, and myself, respectively, covering 
 captures from our respective commands, with copies also of the correspondence 
 in that matter. 
 
 I also enclose a list of prisoners of war hicluded in this cartel who have been 
 sent north at various times, and would request that said prisoners may be for- 
 warded t:) this department to be turned over to Major General Taylor in ex- 
 change for those whom he has already delivered to me. 
 
 It will be observed that this exchange was effected with the distinct announce- 
 ment that the commissioner on my part could not entertain or discuss any 
 proposition in which the rights, as soldiers, of the colored troops should be 
 disregarded. 
 
 Ver\' respectfullv, vour obedient servant, 
 
 " ' N. P. BANKS, 
 
 Major General, Com7nanding. 
 Adjita.nt General of the Arimv, 
 
 JVas7iing/on, D. C. 
 
 Official : 
 
 ROBERT N. SCOTT, 
 • Major and A. A. G. 
 
 Cartel for the exrhavse of prisoners captured, respectively, from the commands 
 of Major General N. P. Banks, United States army, and Major General R. 
 Taylor, Confederate Sfates army, and for the parole and delivery of the 
 excess of prisoners heldhy either of these officers. 
 
 Red River Landixo, Louisiana, 
 
 Jan liar]/ 4, 1864. 
 
 The undersigned commissioners, a]ipointed, respectively, by Major GeneralN. 
 P. Banks, United States army, and ]\Iajor General R. Taylor, Confederate States 
 
60 EXCHANGE OF PRISONERS. 
 
 army, for the purpose of arranging and agreeing upon a cartel for exchange of 
 prisoners of war belonging to the above-mentioned commands, do hereby agree 
 upon the following articles, viz : 
 
 I. The ofhcers and enlisted men who have heretofore been captured, respect- 
 ively, by and from the commands of Major General N. P. Banks, United States 
 army, and Major CTcneral 11. Taylor, Confijderate States army, in western 
 Louisiana, west of the Mississippi river, shall be exchanged, officer for officer, 
 according to their several corresponding grades in service, and enlisted man for 
 enlisted man, as far as the officers and enlisted men held by Major General Banks 
 and Major General Taylor will enable such exchange j^c/' copita to be made. 
 
 II. The excess of officers and enlisted men, prisoners of war, belonging to 
 either of the commands above mentioned, shall be delivered on parole not to bear 
 arms or render any military service until regularly exchanged, under the terms 
 and conditions hereinafter mentioned, to their friends at the place herein selected, 
 though said prisoners shall not be released from their paroles until regularly 
 exchanged ; and, in the event of the paroles of such prisoners not being recog- 
 nized by their respective governments, they yhall be returned by Major General 
 N. P. Banks, United States army, or Major General II. Taylor, Confederate 
 States army, as the said excess may have been delivered to one or the other of 
 them. 
 
 III. This cartel is intended to embrace all the prisoners heretofore captured in 
 western Louisiana by the forces of Major General II. Taylor, Confederate States 
 army, from the command of Major General N. P. Banks, and those captured by 
 the forces of Major General Banks from the command of Major General Taylor, 
 at any points in western Loiiisiana, not heretofore exchanged or delivered on 
 parole, including those captured at and near Fort Butler, Louisiana, in June, 1863. 
 
 IV. Lists of the prisoners herein embraced, wlio have been heretofore captured 
 by either of the commands above mentioned, and whose exchange and delivery 
 is herein provided for, shall be furnished respectively to each other by Major 
 General Banks and Major General Taylor ; and, in the exchange and delivery of 
 said prisoners, any misnomers or failure to deliver according to said lists on ac- 
 count of death or escape of the prisoners shall be corrected at the time of delivery 
 by the officers charged with the delivery, the spirit of the cartel not to be vitiated 
 by any discrepancies or errors in such lists which may be fairly explained. 
 
 V. The ])i)int of delivery of the prisoners to be exchang(;d and paroled shall 
 be the Red River landing, near the mouth of the Red river, in the parish of Pointe 
 Coupee ; but, upon due notification of a desire to change the same by either of 
 these commissioners, some other point may be selected by them. 
 
 VI. If prisoners belonging to the command of Major General N. P. Banks, 
 heretofore captured by other forces in the trans-Mississippi department, Con- 
 federate States of America, than those of Major General Taylor, or prisoners 
 on parole within the district of Major General Taylor, can, with the consent 
 of the authorities having control of the same, be included in the terms of this 
 cartel, due notice thereof shalt be given by Major General Banks and Major 
 General Taylor to each otlier, with a view to embracin^them in the terms hereof. 
 
 VII. Colonel Charles C. Dwight, 160th New York volunteers, United States 
 army, commissioner on behalf of Major General N. P. Banks, United States 
 army, commanding department of the Gulf, under authority vested in him by 
 Major General N. P. Banks, United States army, does hereby, in behalf of 
 Major General N. P. Banks, commanding department of the Gulf, ratify and 
 approve the delivery of the excess of paroled prisoners by Major General R. 
 Taylor, Confederate States army, to Major General William B. Franklin, United 
 States army, under the agreement entered into between Colonel E. L. Molineaiix 
 and Major W. M. Levy, commissioners for exchange on behalf of Major General 
 Franklin and Major General Taylor, respectively, and approves and ratifies the 
 terms and conditions of said atrreement. 
 
EXCHANGE OF PRISONERS. 61 
 
 VIII. The prisoners in excess, who may be delivered on parole as hereinbefore 
 mentioned, shall not be included in any cartel which may be entered into on be- 
 half of the United States and Confederate States without due notification and, 
 the consent of Major General Banks and Major General Taylor, as the excess 
 may be in favor of the one or the other. 
 Executed in duplicate. 
 
 CHARLES C. DWIGHT, 
 Col. ICOth N. Y. v., Comynissioncr, S^-c., 
 
 on the part of Ma]. Gen. Banks, U. S. A. 
 WILL. M. LEVY, 
 3Iaj. C. S. A., Conwiissioncr, tVc., in hclialf of 
 Maj. Gen. R. Taylor, C. S. A. 
 
 Official : 
 
 ROBERT N. SCOT'J\ Major and A. A. G. 
 
 Cartel for the exchange of prisoners captured from the cnmyyiands of Major 
 General William B. Franklin, United States army, and Major General R. 
 Taylor, Covfederate States ar?ny, respectively. 
 
 Boutte's, seven miles above New Iberia, 
 
 December 12, 18G3. 
 
 The undersigned, commissioners appointed, respectively, by Major General 
 W. B. Franklin, United States army, and Major General K. Taylor, Confederate 
 States army, to make arrangements for the exchange of prisoners of war cap- 
 tured from the commands of the above-mentioned officers, do hereby agree upon 
 the following articles : 
 
 I. The officers and enlisted men shall be exchanged as soon as they can be 
 brought \inder flag of truce to the former stage stand on the stage road, between 
 Vermillionville and New Iberia, about equidistant between these two places, 
 in the following manner, viz : Officer for officer, according to their several 
 grades. Where either party has an excess of officers prisoners, the officers 
 constituting such excess may, at the option of either party, be exchanged on 
 the following terras, viz : 
 
 For a colonel, fifteeen privates. 
 
 For a lieutenant colonel, ten privates. 
 
 For a major, eight privates. 
 
 For a captain, six privates. 
 
 For a lieutenant, four privates. 
 
 For a non-commissioned officer, two privates. 
 
 Private soldier for private soldier. 
 
 II. There being in the hands of Major General Taylor, Confederate States 
 army, an excess of prisoners belonging to the command of Major Genei'al 
 Franklin, United States army, in order to expedite the exchange and delivery 
 of said prisoners, it is agreed that a list of those belonging to the command of 
 Major General Taylor shall be furnished at the earliest practicable moment to 
 Major General Taylor by ^lajiu- General Franklin. 
 
 III. In the event of no arrangement being made for the paroling and d(,'livery 
 of the excess of prisoners belonging to the command of Major General Franklin, 
 it is agreed that such clothing and provisions as are necessary for the comfort 
 
62 EXCHANGE OF PRISONERS. i 
 
 of said prisoners wliicli may be furnished by Major General Frahklin shall be 
 received and be delivered to the said prisoners. 
 
 EDWARD L. MOLINEAUX, 
 CoJoncl and Commissioner for Exchange of Prisoners, 
 
 m lehalf of Major General W. B. Franldin, U. S. A. 
 
 AVILL. M. LEVY, 
 Major and Commissioner for Exchange oj" Prisoners, 
 
 in behalf of Major General R. Taylor, C. S. A. 
 
 Official : 
 
 llOBERT N. SCOTT, 
 
 Major and A. A. G. 
 
 It is agreed and understood, tliat should any casualty, such as death, sickness, 
 or other unavoidable cause, prevent the delivery or exchange of any of the officers 
 or soldiers enumerated above, if such casualty should occm- on the part of the 
 prisoners held by Major General Taylor, other prisoners shall be substituted 
 and delivered in lieu of the same ; should it occur on the part of those held by 
 Major General Franklin, the prisoners enumerated for the exchange with those 
 who may not be delivered shall be still held by Major General Taylor. It is 
 further agreed and understood, that the above list, which is signed in duplicate, 
 shall be verified by the officers charged with the delivery, and errors of mis- 
 nomer and otherwise shall be corrected by such officers, according to the spirit 
 and intent of the cartel, dated December 12, entered into by us as commissioners. 
 
 EDWARD L. MOLINEAUX, 
 Colonel and Commissioner for Exchange of Prisoners, 
 
 in. behalf of Major General \V. B. Franklin, U. S. A. 
 
 W. M. LEVY, 
 Major and Com?nissioner for Exchange of Prisoners, 
 
 in behalf of Major General R. Taylor, G. S. A. 
 
 Official : 
 
 ROBERT N. SCOTT, 
 
 Major and A. A. G. 
 
 Washii\gt().\ City, D. C, March 28, 1864. 
 
 Sir : In reference to the cartels forwarded by Major General Banks, with his 
 communication of the 2d of February last, and the correspondence in connexion 
 with them, I have to observe that the cartel agreed upon at Haxall's Lauding, 
 on James river, Virginia, on the 22d of July, 1SG2, between Major Gei^eral Dix, 
 on the part of the federal government, and i\Iajor General Hill, " C. S. A.," 
 published in General Orders No. 142, of September 25, 1S62, having never 
 been by authority abrogated, though temporarily suspended in its action, 
 because of violations of it by the rebel authorities, shotild be considered as so 
 far operative as to prevent the adoption of any other than local agreements for 
 exchange between generals mutually opposed to each other in the field. 
 
 I respectfully suggest that the cartels submitted by General Banks be re- 
 garded as of the nature of agreements made in the field, and that they be executed 
 according to their terms, with the understanding that no further action be had 
 under them, and that hereafter no exchanges be made except under the cartel 
 of the 25th of September, 1862, and by generals commanding in the field, the 
 latter in all cases to be of the nature of agreements between mutually opposed 
 commanders in the field, according to the general laws of war. 
 
 I beg to remark upon two points in this correspondence of a special character. 
 
EXCHANGE OF PRISONERS. 63 
 
 The rebel authorities have virtually been countenanced in holding colored 
 troops as excepted from the terras of exchange; for, while they decline to enter- 
 tain any question by wliich such troops arc to be recognized as entitled to the 
 privileges of soldiers, in conformity with express orders from the rebel govern- 
 ment, they enter upon a cartel under a mere declaration that they hold no colored 
 men belonging to "organizations;" by which they have been permitted to let 
 out the princij)le that they will not entertain any proposition which would 
 required them to treat colored tioops as soldiers. 
 
 There is great reason to fear ihat the rebel ofiicers will carefully retain such 
 a position, by horrible moans, as will enable them constantly in the future to set 
 forward the same declaration, that they hold no colored men belonging to 
 organizations. 
 
 The other point is this : The rebel authorities in the southwest decline to 
 release non-combatants, except upon an agreement on our part not to make 
 arrests of tli;;t class — the point which ^Ir. Quid has been urging for the purpose 
 of obtianiiig thus indirectly what would amount to a quasi recognition of the 
 equal privileges of rebels with Union citizens; thus protecting all civil offenders 
 in rebellion from arrest for treason. I would suggest that particular care should 
 te taken not to enter into any agreement of this nature under any pretence 
 whatever. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 E. A. HITCHCOCK, 
 ]\I(ijor General Vahinlcers, Commissioner oj' Exchange. 
 
 Hon. K[)\vi.\ M. Stanto.x, 
 
 Secretary of War. 
 
 Ofiicial : 
 
 ROBERT N. SCOTT, 
 
 Major and A, A. G. 
 
 Washington City, D. C, 
 
 yiarch 30, 1864. 
 
 Sir: On the 2Sth instant I addressed a letter to the honorable Secretary of 
 War in reference to a cartel for the exchange of prisoners, reported by Major 
 General Banks; and having understood that the j^apers have been referred to 
 yourself, I desire to say that in the letter (with those papers) General Banks 
 requests that the prisoners he sent north may be returned to his department, for 
 the purpose of being i-eturned to the enemy for prisoners received by him from 
 the enemy. 
 
 Colonel Hoffman, commissary general of prisoners, informs me that General 
 Banks sent north no prisoners except officers ; and I desire now to add to the 
 statement made by Colonel Hoffman, and which is indorsed on the papers from 
 General 13.inks, that the non-commissioned officers and privates taken by Gen- 
 eral Banks at and prior to the capture of Port Hudson, amounting to several 
 thousand men, were sent by General Banks to Mobile, and were thei-c paroled 
 under an express agreement with the rebel General Gardner. Those men have 
 never been exchanged. 
 
 In the midst of the controversy between General Meredith and Mr. Ould, 
 with respect to the irregular and unauthorized proceedings of the latter in regard 
 to the Vicksburg prisoners, Mr. Ould published a letter in a Richmond paper, 
 officially assuuiing to decide and declare that the deliveries made by General 
 Banks at Mobile were not made in conformity with the cartel, and he assumed 
 to discharge all of those men from all obligations under their parole. 
 
 luuuediatL'ly on receiving intelligence of this fact, 1 protested against the con- 
 
64 EXCHANGE OF PRISONERS. 
 
 duct of Mr. Ould, in a letter addressed to General Meredith, a copy of which was 
 sent to Mr. Ould; but the rebel agent has never made any explanation of that 
 proceeding. 
 
 As the commiasioner of exchange I claimed, and still claim, that all of those 
 men so delivered by General Banks Avere and still are bound by their parole, 
 having never been exchanged. 
 
 General Banks might be permitted to use as many of those men as would can- 
 cel the number received by him under his recent cartel. 
 
 We claim that, independently of the men paroled at Mobile, the rebels wero 
 indebted to us, on just principles, several thousand men released from their parole 
 by Mr. Ould, from among those captured by General Grant at Vicksburg; and 
 in my judgment we ought not to yield our claim to the prisoners paroled at 
 Mobile, without receiving proper equivalents. 
 
 Very respectfully, your obedient servant, 
 
 E. A. HITCHCOCK, 
 
 Comynissioncr of Exchange. 
 Major General H. W. Halleck, 
 
 Chief of Staff, !^t. 
 
 H. Q. A., January 4, 1S65. Official copy: 
 
 ROBERT N. SCOTT, Maj. Sf A. A. G. 
 
 MILITARY DIVISION OF WEST MISSISSIPPI. 
 
 [Extract.] 
 
 Headquarters of the Army, 
 
 Washington, August 27, 1864. 
 General: ******** 
 I have directed General Canby to permit no more exchange of prisoners of 
 war. That part of the cartel which authorized commanders to exchange on the 
 field troops just captured, man for man, has been considered heretofore as still 
 in effect. 1 do not see any objection to it, as it can give no advantage to either 
 party, and saves our men from barbarous treatment by the rebels. To exchange 
 their healthy men for ours, who are on the brink of the grave from their hellish 
 treatment, of course gives them all the advantage. Nevertheless it seems very 
 cruel to leave our men to be slowly but deliberately tortured to death. But I 
 suppose there is no remedy at present. 
 
 ******* 
 
 Very respectfully, your obedient servant, 
 
 H. W. HALLECK, 
 Major General, Chief of Staff. 
 Lieutenant General Grant, City Point. 
 
 H. Q. A., January 3, 1865. Official: 
 
 J. C. KELTON, A. A. G. 
 
 [Extract.] 
 
 Headquarters of the Army, 
 
 Washington, D. C, Sejytemher 6, 1864. 
 General: ******** 
 I presume that General Grant's order to make no more exchanges of prison- 
 ers was based on the fact that they give us only such men as they have utterly 
 
EXCHANGE OF PRISONERS. 65 
 
 broken clown by starvation, receiving in return from us men fit for duty. 
 Every exchange, therefore, gives them strength, without any corresponding 
 advantage to us. Not So, however, with exchanges made on the batth^-field. or 
 immediately after an engagement. Exchanges of this kind made, man for man, 
 as provided for in the cartel. General Grant did not intend to prohibit. You 
 and the officers under your command are therefore at liljerty to continue the 
 exchanges in the field, as p^o^'ided for in the last clause of article 7 of tlic carrel 
 of July 22, 1862. 
 
 Very resnectfully, your obedient servant, 
 
 IT. W. HALLECK, 
 Majo?' General, Chief af Staff. 
 Major General Caxby, Keio Orleans. 
 Official copy: J. C. KELTOX, A. A. G. 
 
 HEADCiUARTERS MILITARY DIVISION OK WesT MISSISSIPPI, 
 
 Xciv Orleans, La., Heptemher 9, 1864. 
 
 Sir : I have the honor to acknowledge the receij) of your despatcli of the 
 26tli ultimo. No further exchange of prisoners of war will be made. 
 
 1 transmit for your information copies of the correspondence upoii this sub- 
 ject, showing the extent to which exchanges have been made, and the reasoiis 
 and authority for making them. 
 
 Very respectfully, vour obedient servant, 
 
 ED. R. S. CANBY, 
 JL/jor General Cutninanding. 
 3[ajor General H. W. Halleck, 
 
 Chief of Staff, S^-c, ^v., Washington. D. C. 
 H. Q. A., Januarij 4, 1865. OtHcial copy: 
 
 J. C. KELTOX, A. A. G. 
 
 IIeadquarters 3Iili'iakv Division West Idississippi, 
 
 New Orleans, La., Sej^te/nbcr 10, 1864. 
 
 Sir* * * * * * * * * 
 
 The exchange of prisoners in this command has been regulated ujjou the 
 principle of getting a fair equivalent for the men exchanged. By the cartel of 
 July 2S, with the exception of abont oUO men captured by General iSteele, we 
 obtain efffctive men (now on their way from Tyler, Texas) in exchange for 
 men paroled at Vicksburg, and already within the rebel lines. This has been 
 approved by the commissioner of exchange. 
 
 The exchange made by Major (ieneral lierron, and subsequently ratified by 
 mo, was from men recently captured from us. -The exchange of the naval 
 prisoners in Texas was referred to me by the War Department. In order to 
 efi'ect it, it was necessary to include the Fort Gaines prisoners. We lose 
 nothing by the exchange. 
 
 Copies of G. O. Nos. 37 and 48 are respectfully enclosed. 
 Very respectfully, sir, yoiu- obedient servant, 
 
 ED. II. S. CANBY, Major General. 
 
 Major General II. W. ITallecI':, 
 
 Cli if of Stajf (f the Amu/, JVash/ngton, D. C. 
 
 II. Q. A., Jatiuary 4, 1865. ( Jlficial copv: 
 
 XIOBERT N. SCOTT, A. A. G. 
 II. Ex. Doc. 32 5 
 
06 EXCHANGE OF PRISONERS. 
 
 IIeaduuarters Military Division of West Mississippi, 
 
 New Orleans, La., Septemher 14, 1864. 
 (Jexeral Orders, ) 
 No. 48. ] 
 The further exchange of prisoners of war having been suspended by the order 
 of the lieutenant general comraandino; the armies of the United States, all 
 prisoners of war now held at any post within the limits of this command will 
 be sent to depots at the north, with as little delay as is consistent with safe 
 transfers. 
 
 Detachments from Vicksburg, and points above that place, will be sent via 
 Cairo, and from points below that place via New Orleans. 
 
 By order of Major General E. R. S. Canby. 
 
 C. T. CHRISTENSEN, 
 Lieut. Colonel and AssH Adj't General. 
 Official : 
 
 C. T. CHRISTENSEN, 
 Lieut. Colonel and Ass'i Adft General. 
 
 H. (), A., January/ 4, 1864. Official copy: 
 
 ROBERT N. SCOTT, A. A. G. 
 
 Washington City, D. C, Avgust 24, 1864. 
 Sir : In reference to the communication of Colonel D wight of July 25, 
 addresed to yourself, and by you forwarded the 4th instant, touching the valid- 
 ity of certain paroles, say 1,360, I entirely concur with you in the opinion that 
 the enemy, having held those prisoners ten days, are entitled to credit for them. 
 Verv respectfully, your obedient servant, 
 
 E. A. HITCHCOCK, 
 Maj. Gen. Vols., Commissioner for Exchange of Prisoners. 
 MmJ. Con. E. R. S. Canby, 
 
 ILadquaJters, New Orleans, La. 
 
 A true copy: 
 
 B. F. MOREY, CajAain and A. A. G. 
 H. ^). S.., January 4, 1865. OfHcial copy : 
 
 J. C. KELTON, A. A. G. 
 
 Washington, D. C, August 20, 1864. 
 Sir ; In answer to your communication of the 4th instant, forwarding a cartel 
 ugrced upon July 28, I have to inform you that the prisoners of war referred to 
 in the second and third articles of said cartel will be placed at your disposal by 
 Colonel Hoftman, commissary general of prisoners, as soon as practicable, of 
 which he will advise you. 
 
 \'.'iy respectfully, your obedient servant, 
 
 E. A. HITCHCOCK, 
 Maj. Gen. T ols. and Commissioner for Exchange of Prisoners. 
 Major (Jeneral E. R. S. Canby, 
 
 Commanding Military Division West Mississij^jn. 
 
 A true copy: 
 
 B. E. MOREY, CajH. and A. A. G. 
 
 H. Q. A., January 4, 1864. Official copy: 
 
 J.O. KELTON, J. A. G. 
 
EXCHANGE OF PRISONERS. 67 
 
 Headquarters Military Division of West Mississippi, 
 
 New Orleans, La., Avgust 14, 1864. 
 
 Copy of endori^emeut on roll of prisoners forwarded to Major General E. A 
 Hitchcock, commist^ioner for exchange : 
 
 Headquarters JVIilitarv Division West IMississippi, 
 
 iWw Orleans, La., August 4, 1864. 
 Respectfully forwarded for the information of the commissioner for exchange 
 of prisoners. 
 
 If these prisioners were held for ten days and were delivered at onr linos, I 
 am of the opinion that under the terms of the cartel the rebel nuthorities are 
 entitled to credit for their delivery. 
 
 E. R. S. CANBY, 
 Major General Cuminanding. 
 A true copy: 
 
 13. F. MOREY, Captain and A. A. G. 
 
 H. Q. A., January 4, 1865. Official copy: 
 
 J. C. KELTON, A. A. G. 
 
 Headquarters Military Division of West Mississippi, 
 
 Neiv Orleans, La., August 4, 18G4. 
 General: I have the honor to report that the proposed exchange of pris- 
 oners of war in this division and the trans-Mississippi department failed on the 
 alleged ground of want of authority on the part of General Smith. A special 
 excliange was subseq[uently proposed, to which I have agreed, as it will release 
 a large number of our prisoners now confined in Texas in exchange, in great 
 part, for men that have been paroled and are within the rebel lines. I enclose 
 a copy of this agreement, and have the honor to request that the prisoners 
 referred to in articles two and three may be sent me for delivery, 
 
 The exchange of the prisoners belonging to our navy now confined in Texas 
 was refused in consequence of orders from the rebel govei'umeut at Richmond, 
 prohibiting their exchange except for prisoners belonging to the rebel navy. It 
 is hoped that Admiral Farragut's operation at Mobile bay will give us the means 
 of etiecting the release of these men. 
 
 Very respectfully, your obedient servant, 
 
 E. R. S. CANBY, 
 M'ljor General Commanding. 
 Major General E. A. Hitchcock, 
 
 Co7nmissioner for L.xnhange, h^c., i^-c. 
 
 Official : 
 
 C. T. CHRISTENSEN, 
 Lieutenant Colonel and A. A. G. 
 
 H. Q. A., January 4, 1S65. Official copy : 
 
 J. C. KELTON, .1. A. G. 
 
 Headquarters ^Military Division of West Mississippi, 
 
 Nei€ Orleans, Louisiana, June 21, 1864. 
 General : General E. K. Smith has ])roposed a general exchange of pris- 
 oners lield by both armies in the trans- JMississippi department and the division. 
 
68 EXCHANGE OF PRISONERS. 
 
 of West Mississippi, and I have sent a commissioner to the mouth of Red river 
 to meet the commissioner appointed by him. 
 
 I have instructed the commissioner sent by me that all negotiations shall be 
 conducted under the recognized and expressed understanding that the condition 
 of the cartel of July 22, 1861, shall apply to all troops in the service of the 
 United States ; that officers and men of colored regiments shall receive the 
 same treatment, be entitled to the same privileges, and be exchanged in the 
 same manner as other troops ; and that the third article of the cartel shall 
 apply to all conditions without distinction. In addition to the prisoners now 
 held by us, General Smith proposes to exchange the Louisiana brigade captured 
 at Vicksburg and paroled by Lieutenant General Grant, and the captures at 
 Arkansas Post, which it is understood have not yet been exchanged, against 
 recent captures in the department of Arkansas and the gulf. If these ex- 
 changes are made there will be still a balance against us in the division of three 
 thousand men. 
 
 I have no information with regard to the Louisiana brigade or the captures 
 at Arkansas Post. Will you please cause it to be furnished me 1 
 Very respectfully, your obedient servant, 
 
 E. R. S. CANBY, 
 Major General Commanding. 
 
 Major General E. A. Hitchcock, 
 
 Coinmissioncr of ExcJuuigc of Prisoners. 
 
 Official : 
 
 C. T. CIIRTSTENSEX, 
 Lieutenant Colonel and A. A. G. 
 
 II. (.1. A., January 4 ,1SG5. Official copy: 
 
 J. C. KELTON, A. A. G. 
 
 Copy of indorsement on a roll of excliangcd 2)risoners fonoarded to tlie com- 
 missary general (f prisoner^., August 30, 1SG4. 
 
 Headquarters Military Division West Mississippi, 
 
 Netv Orleans, Louisiana, August 30, 1864. 
 Respectfully forwarded to the commissary general of ])risoners. The ex- 
 change was made by Major General Ilerron under a misapprehension, but, 
 under the circumstances, I have approved it and ordered the officers and men 
 to duty. I recommend that the change be officially announced. 
 
 E. R. S. CANBY, 
 
 Official : 
 
 H. Q. A., January 4, 1S65. Oiticial copy 
 
 Major General Conmianding. 
 B. F. ]\rOREY, A. A. G. 
 
 J. C. KELTON, A. A. G. 
 
 DEPARTMENT OF THE SOUTH. 
 
 Headquarters of thk Army, 
 
 Washington, D. C, June 20, 1864. 
 Colonel : You will turn over to Major Strong, of General Foster's stafiP, 
 five rebel general officers, prisoners of war, of rank corresponding to that of 
 
EXCHANGE OF PRISONERS. 69 
 
 United State? officers exposed by General Sam. Jones to the fire of our bat- 
 teries in Cliarlcf^ton, 
 
 H. W. HALLE CK, 
 Major General, Chief of Staff. 
 Col. Hoffman, 
 
 Commissioner of Prisonc?:^. 
 
 Official copy : 
 
 J. C. KELTON, A. A. G. 
 
 Headuuartkrs of the Army, 
 
 Washifigton, D. C, June 21, 1SG4. 
 
 Colonel: In addition to the five general officers, as directed yesterday, you 
 will turn over to Major Strong, for transportation to the department of the 
 south, forty-five lield officers, rebel prisoners of war. 
 
 H. W. HALLECK, 
 Major General, Cltief of Staff. 
 Col. Hoffman, 
 
 Commissioner <f Prisoners. 
 
 Official eopv : 
 
 J. C. KELTON, A. A. G. 
 
 Heauciuarters Department of the South, 
 
 Hilton Head, South Carolina, Ju7ie 16, 1864. 
 
 I have the honor to report that I have to-day received from Major General 
 Samuel Jones, commanding the rebel forces in this department, a letter stating 
 that five general oilicers of the United States, as prisoners of war, had been 
 placed in Charleston to be retained tliere under our tire. 
 
 Against this weak and cruel ac^ I have })rotested. 
 
 In the mean time the tire on the city is continued. I respectfully ask that an 
 equal number of rebel officers, of equal rank, may be sent to me in order that 
 I may place them under the enemy's fire as long as o\ir oificers are exposed in 
 Charlestou. 
 
 I send Major E. N. Strong, on the steamer Mary A. Boardman, to Eort 
 Monroe to await your answer, and, if my request be granted, to bring down tlie 
 prisoners. Coi)ies of the correspondence will be mailed to you as soon as 
 Major Strong arrives at Eort Monroe. 
 
 J. G. FOSTER, 
 Major General Commanding. 
 
 11. Q. A., January 6, 1865. Official : 
 
 D. C. WAGER, A. A. G.. 
 
 IIeauuuarters Department of the South,. 
 
 Hilton Head, South Cai-oUna, June 16, 1864'.. 
 
 General: I have the houor to enclose herewith a copy of a letter from 
 
 Major General Sam. Jones, commanding the confederate department of South 
 
 Carolina, Georgia, and EU)rida, dated June 13 instant, transmitted through 
 
 Brigadier General R. S. Ripley, commanding the first military district of such 
 
70 EXCHANGE OF PRISONERS. 
 
 department, with copies of General Ripley's letter of transmittal and of my 
 reply. 
 
 I have sent Major E. W. Strong, of ray personal staff, to Fortress Monroe 
 with the propeller ]\rary A. I'oardman, with instrnctions to await yoiir reply, 
 and to bring down the reqnisite nnmber of prisoners to this department should 
 the President accede to my recommendation that the means of retaliation indi- 
 cated in my letter to (General Jones be adopted. 
 
 I have the honor to be, g-eneral, very respectfully, your obedient servant, 
 
 J. G. FOSTER, 
 Major General CummanJing. 
 Major General 11. W. Halleck, 
 
 Chief of Staff, Armies of United Slates, JVas/iiMgtoti, D. C. 
 
 H. Q. A., January 9, 1865. Official copy : 
 
 ROBERT N. SCOTT, A. A. G. 
 
 IIkadquartrrs First Military District, 
 Department of South Carolina, Georgia and Florida, 
 
 Charleston, June 13, 1864. 
 General: I have the honor to enclose for transmission to the connnandiiig 
 general of tlie United States forces on this coast a letter from Major General 
 Samuel Jones, commanding this department. 
 
 The letter informs him that five generals and forty-five fi(dd officers, of the 
 federal army, prisoners, have been ordered to be confined in Charleston. These_ 
 officers have been placed under my charge and will be provided with commo 
 dious quarters in a part of the city occupied by non-combatants, the majorit 
 of whom are women and children. It is proper that you should know, how 
 ever, that the position of the city in which they are located is, and has been for 
 some time, exposed day and night to the fire of your guns. 
 Very respectfully, your obedient servant, 
 
 R. S. RIPLEY, 
 Brigadier General Commanding. 
 General Schimmelphennig, 
 
 Com. U. S. Ffjrces, Morris and, Follij Islands, t^r., &,v. 
 
 H. Q. D. S., Hilton Head, S. C, June 16. 1864. Official : 
 
 THOMAS G. ROBINSON, 
 1st Lieut. 2lst U. S. C. T., Act. Ass't Adj't Gen. 
 
 II. Q. A., January 9, 1864. Official copy : 
 
 ROBERT N. SCOTT, A. A. G. 
 
 Headquarters Dept. of S. Carolina, Georgia, and Florida, 
 
 Charleston, S. C, June 13, 1864. 
 General: Five generals and forty-five field officers of the United States 
 army, all of them prisoners of war, have been sent to this c'ty for safe-keeping. 
 They have been turned over to Brigadier General Ripley, conmianding the 1st 
 military district of this department, who will see that they are provided with 
 commodious quarters in a part of the city occupied by non-combatants, the am- 
 jority of whom are women and children. It is proper, however, that I should 
 
EXCHANGE OF PRISONERS. 71 
 
 Inform yoii that it is a part of the city which has been for many months ex- 
 posed clay and night to the fire of your guns. 
 
 Very respectfully, your obedient servant, 
 
 SAMUEL JONES, 
 Major General Commanding. 
 Major General J. G. Foster, 
 
 Commanding U. S. Forces, coast of S. C, C. S. 
 
 H. Q. D. S., Hi/ton Head, S. C, June 16, 1864. Official: 
 
 THOMAS J. ROBINSON, 
 First Lieut. 2Ut IT. S. Colored Troops, Act. Ass't Adjt Gen. 
 
 II. Q. A., January 9, 1S64. Official copy: 
 
 ROBERT N. SCOTT, A. A. G. 
 
 Headuuarters Department of the South, 
 
 Hdton Head, S. C, June 16, 1S64. ^ 
 
 General: I have to acknowledge the receipt this day of your communication 
 of the loth instant., informing me tlAit iive generals and forty-five field officers 
 of the United States army, prisoners of war, have been sent to Charleston for 
 safe-keeping; that they have been turned over by you to Brigadier General 
 Ripley, with instructions to see that they are provided with quarters in a part 
 of the city occupied by non-combatants, the majority of which latter you state 
 are women and children. You add that you deem it proper to inl'orm me that 
 it is a part of the city which has been for many months exposed to the fire of 
 our guns. 
 
 JIany months since, IMajor General Gilmore, United States army, notified 
 General Beauregard, then commanding at Charleston, that the city would be 
 bombarded. This notice was given that non-combatants might be removed, and 
 thus women and children be spared from harm. General Beauregard, in a com- 
 munication to General Gilmore, dated August 22, 1863, informed him that the non- 
 combatant population of Charleston would be removed with all possible celerity. 
 
 That women and children have been since retained by you in a part of the 
 city which has been for many months exposed to fire is a matter decided by 
 your own sense of humanity. I must, however, protest against your action in 
 thus placing defenceless prisoners of war in a position exposed to constant 
 bombardment. It is an indefensible act of cruelty, and can be designed only to 
 prevent the continuance of our fire upon Charleston. 
 
 That city is a depot of military supplies. It contains not merely arsenals, 
 but also foundries and factories for the manufacture of munitions of war. In 
 its ship-yards several armed iron-clads have been already completed, while 
 others are still upon the stocks in course of construction. Its wharves and the 
 banks of the rivers on both sides of the city are lined with batteries. To de- 
 stroy these means of continuing the war is, therefore, my object and duty. You 
 seek to defeat this effort, not by means known to honorable warfare, but by 
 placing unarmed and helpless prisoners under our fire. 
 
 I have forwai'ded your communication to the President, with the request that 
 he will place in my custody an equal number of prisoners, of like grades, to be 
 kept by me in positions exposed to the fire of your guns so long as you continue 
 the course stated in your communication. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 J. G. FOSTER, 
 Major General Commanding. 
 
 Major General Samuel Jone.s, 
 
 Com. Confed. Forces, Dept. of SoutJi Carolina, Georgia, and Florida. 
 
 H. Q. A., Washi.\gton, January 9, 1865. Official copy: 
 
 ROBERT N. SCOTT, A. A. G. 
 
<!: EXCHANGE OF PRISONERS. 
 
 Headquarters Department of the South, 
 
 Hilton Head, S. C.Juhj 7, 1864. 
 General: I Lave tlie honor to enclose a letter from General Sam. Jones, 
 covcrinij a letter to the Adjutant General United States army, from Brigadier 
 General II. W. Wessells, and from other general officers now prisoners of war 
 in Charleston. 
 
 1 enclose,- also, a copy of my reply to General Sam. Jones. If it meets the 
 views of the government to exchange these prisoners, rank for rank, or its 
 ( quivalent, I respectfully ask that the requisite authority may be given to me, 
 and I will see that the exchange is properly conducted. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 J. G. FOSTER, 
 Mcijor General, Commanding. 
 Major General IT. W. Halleck, 
 
 Chief of ^taf, U. S. A., Washington, D. C. 
 
 Endorsements as follows : 
 
 IMajor General Hitchcock will please consult with the Secretary of War in 
 re2:;ird to this matter. 
 
 H. W. HALLECK, 
 July 16, 1864. Major General, Chief of Staff. 
 
 Referred to chief of staff and commissioner of exchange for opinions and 
 report. 
 
 EDAVIN M. STANTON, 
 July IS, 1864. Secretary of War. 
 
 General Foster refers letters on the subject of the exchange of certain officers 
 
 The undersigned observes that, if the proposed exchange is to afiect the ques- 
 tion of the right of colored troops to be treated, as prisoners of war, the decision 
 already made would, negative this proposition. 
 
 Bat the case seems exceptional or special, the officers to be affected being 
 those who liave been set apart for retaliatory purposes. In view of the circum- 
 stances, the undersigned is of opinion that General Foster might be authorized 
 to make the proposed exchange, provided his condition as expressed in his 
 letter to General Jones be complied with, and that he has assurances from Gene- 
 1 al Jones that no similar experiment shall be made. 
 
 E. A. HITCHCOCK, 
 Major General of Vols., Conimissio)ier of Exchange. 
 
 Washington, July 18, 1864. 
 
 H. Q. A., Washlngton, D. C, January 5, 1865. Official copy : 
 
 ROBERT N. SCOTT, A. A. G. 
 
 Headquarters Dept. of S. Carolina, Georgia, and Florida, 
 
 Charleston, S. C, July 1, 1864. 
 
 General: I send with this a letter addressed by five general officers of the 
 United States army, now prisoners of Avar in this city, to Brigadier General L. 
 Thomas, Adjutant General, United States army, recommending and. asking an 
 exchange of prisoners of war. 
 
 I fully concur in opinion with the officers who have signed the letter, that 
 
EXCHANGE OF PEISOXEES. 73 
 
 there sliould be an exchange of prisoners of war; and though I am not instructed 
 by my government to enter into negotiations for that purpose, I have no doubt 
 that it is willing and desirous now, as it has ever been, to exchange prisoners of 
 •war with your go\-crnment on just and honorable terms. 
 
 One difficulty in the way of carrying out the cartel of exchange agreed on 
 between the two governments would not exist, that I am aware of, if the ex- 
 change was conducted between you and myself If, therefore, you think proper 
 to connnunicate on the subject with your government, I will, witliout delay, 
 communicate with mine, and it may be that we can enter into an agreement, 
 subject to the approval of our respective governments, by which the prisoners 
 of war now languishing in confinement may be released. 
 
 I should be glad to aid in so humane a work, and to the end that there may 
 ))e no uiuiecessary delay on my part, I have directed an officer of my staff, 
 Miijor John F. Lay, assistant adjutant and inspector general, charged with the 
 delivery of this, to wait a reasonable time in the vicinity of Port Royal ferry 
 for your answer, lie is fully informed of my views on the subject, and if you 
 desire it, will confer with you or any officer you may designate. 
 ^'ery respectfully, your obedient servant, 
 
 SA:\[. JONES, 
 Major General, Cammandi»g. 
 Major General J. G. Foster, 
 
 L'ondg Department of the Sontli, Hilton Head. 
 
 II. Q. A., AV.\sHl.\GTO.\, D. C., Januarij 5, 1865. Official copy : 
 
 EGBERT N. SCOTT, A. A. G. 
 
 Charleston, S. C, July 1, 1864. 
 General : We desire respectfully to represent, through you, to our authori- 
 ties, our firm belief that a prompt exchange of the prisoners of war in the hands of 
 the southern ccnifederacy, if exchanges are to be made, is call-d for by every 
 consideration of humanity. There are many thousands confined at southern 
 points of the confederacy, in a climate to which they are unaccustomed, deprived 
 of much of the food, clothing, and shelter they have habitually received, and it 
 is not surprising, from these and other causes that need not be enumerated here, 
 much sutlcring, sickness, and death should ensue. In this matter the statements 
 of our own officers are confirmed by those of southern journals. And while we 
 cheerfully submit to any policy that may be decided upon by our government, 
 we would urge that the great evils that must resvdt from any delay that is not 
 desired should be obviated by the designation of some point in this vicinity at 
 which exchanges might be made; a course, we are induced to believe, that 
 would be acceded to by the confederate authorities. 
 
 And we are, general, very respectfully, your most obedient servants, 
 H. W. WESSELLS, Brigadier General, U. S. J^ls. 
 E. P. SOAMMON, Brigadier General,U. S. Vols. 
 ALEXANDER SHULER, Brigadier General, U. S. Vth. 
 T. SEYMOUR, Brigadier General, U. S. Vols. 
 0. A. HECKMAN, Brigadier General, U. IS. Vols. 
 Brigadier General L. Thomas, 
 
 Adjutant General U. S. A., WasJiingtnn, D. C. 
 
 Through Major General J. G. Foster, commanding department of the south, 
 Hilton llead, South Carolina. 
 
 IL Q. A., Washington, January 4, lS6->. Official copy: 
 
 ROBERT N. SCOTT, .4. A. G. 
 
74 EXCHANGE OF PRISONERS. 
 
 Headquarters Department of the South, 
 
 Jnlu 4, 1864. 
 General: I liave received your letter of the 1st instant, covering a letter 
 from the five general officers of tlie United States army, now prisoners of war in 
 Charleston, to Brigadier General L. Thomas, Adjutant General United Stat< - 
 army. 
 
 I fully reciprocate your desire for an exchange of prisoners ; but before any 
 steps can be taken to effect it, it will be necessary for you to withdraw from ex- 
 posure to our fire those ofticers now confined in Charleston. I have not yet 
 placed your prisoners in a similar position of exposure. 
 Very respectfully, 3'our obedient servant, 
 
 J. G. FOSTER, 
 Major General, Cuinmanding. 
 Major General Sam. Jones, 
 
 Gom\lg Cojifederatc Forces in South Carolina, 
 
 Georgia, and Flordia, Charleston, S. C. 
 
 H. Q. A., Washington, Jamiarij 4, 1SG5. Official copy : 
 
 IfOBERT N. SCOTT, A. A. G. 
 
 jtlEADCiUARTERS DEPARTMENT OF THE SoUTH, 
 
 Hilton Head, S. C, July 8, 1864. 
 General : I have the honor to acknowledge the receipt of five general oflS 
 cers and forty-five field officers, rebel prisoners of war, under the charge of 
 ^[ajor E. N. Strong, aide-de-camp. 
 
 They are now confined on board a vessel anchored under the guns of the 
 Wabash. As soon as strong jails, now constructing, can be put up near Fort 
 Gregg, these prisoners will be placed in them. 
 
 Very respectfully, your obedient servant, 
 
 J. G. FOSTER, 
 Major General, Commanding. 
 Major General 11. W. Halleck, 
 
 Cliief of Staff of Armies of Uiuted Stales. 
 
 H. Q. A., Januarij 6, 186.5. Official copy : 
 
 J. C. KELTON, .4. A. G. 
 
 Headquarters Department of the South, , 
 
 Hilton Head, S. C, Jul// 17, 1864. ' 
 
 General: I have the honor to enclose herewith copies of letters received 
 
 by me from I\[ajor Gt-neral Sam. Jones, commanding confederate forces in South 
 
 Carolina, Georgia, and Florida ; also copies of my letters in reply to the same. 
 
 Very respectfully, your obedient servant, 
 
 J.G.FOSTER, 
 • Major General Commanding. 
 
 Major General Halleck, 
 
 Chiif of Staff, U. S. A., Washington, D. C. 
 
 H. Q. A., Washington, Januar/j 5, 186.3. Official copy : 
 
 ROBERT N. SCOTT, A. A. G. 
 
EXCHANGE OF PRISONERS. 75 
 
 Headquakters Dep't of South Carolina, Georgia, a\d Florida, 
 
 Charleston, 8. C, July 13, 1864. 
 
 General: T Imvo received your letter of the 1st instant. Islmo. of the 13th 
 and 22d ultimo indicate with all necessary precision the location of the United 
 States officers who arc prisoners of war in this city. I cannot well be more 
 minute, without pointinj:^ out the very houses in which they arc confined ; and, 
 for reasons very easily understood, I am sure this will not bo expected. 
 
 If the statements in my letter of the 22d ultimo are insufficient, the letter of 
 the five general officers, dated the first instant, in which they assure you that 
 they "are as pleasantly and comfortably situated as is possible for prisoners of 
 war, receiving from the ^confederate authorities every privilege that we (they) 
 could desire or expect; nor are we (they) unnecessarily exposed to fire," gives 
 you all the iuformatiou iu regard to their treatment that you can reasonably 
 desire. 
 
 In coiu'lusion, h-t me add that I presumed, from a copy of your confidential 
 order of the 29th ultimo, that you are commanding iu person the trooj)s oper- 
 ating against this city; and as you had particularly requested me to communi- 
 cate.' with you only by the way of Port Royal ferry, I felt bound to delay my 
 rejjly until I was assured it would promptly reach you by the route you were 
 pleased to indicate. 
 
 ^'ery respectfully, your obedient servant, 
 
 SAM. jonp:s, 
 
 Major General Commanding. 
 Major General J. (J. Foster, 
 
 Commanding U. S. Forces, Hilton Head, *S. C. 
 
 II. Q. D. S., HiLTo.x Head, S. C, Juh/ 17, 1SG4. Oilicial copy : 
 
 THOS. J. ROBINSON, 
 \st Lieut. 2\st U. S. C. T., A. A. A. G. 
 
 II. Q. A., Wa.'^ihngto.x, January 5, 1SG5. Official copy: 
 
 ROBERT X. SCOTT, A. A. G. 
 
 IIeadqi arters Dep't of South Carolina, Georgia, and Florida, 
 
 Charleston, S. C, July 13, 18G4. 
 
 General: Your letter of the 4th, in reply to mine of the 18th, has been 
 received. I am pleased to know that you reciprocate my desire for an exchange 
 of jirisoners, but regret that you should require, as a condition precedent to any 
 negotiation for this end, that I should remove from their present location the 
 United States prisonc^rs of war now in this city. Such a course on my part 
 would be an implied admission that these officers are unduly exposed and 
 treated with unudcessary rigor, which they have themselves assured you, iu 
 their letter of the 1st instant, is not the case. 
 
 I regard the exchange of prisoners as demanded alike by the rules of civil- 
 ized warfare and the dictates of common humanity, and to require a change of 
 location which you have every reason to know the prisoners do not themselveai 
 desire, is to throw an unnecessary obstacle in the way of accomplishing this 
 end, and thus retain prisoners of war in irksome confinement. 
 
 The change I most prefer would be to send them to your headquarters, and 
 this may yet be done unless defeated by obstacles interposed by yourself or 
 your government. 
 
 I was notified of your request to send a staff officer to meet one of yours at 
 Port Royal at 2 p. m. to-day, too late to comply therewith. I ha\e, however, 
 
76 EXCHANGE OF PRISONERS. 
 
 directed the officer of your staff to be informed that I Avould send an officer to 
 meet liim at 4 p. m. to-morrow ; and Lave accordingly directed Major J. F. Lay, 
 A. A. and I. General, to take charge of this letter and deliver it at Port Royal 
 ferry. I repeat that he is fuily advised of my vicAvs, and should you desire it, 
 Avill confer with you or any officer of your staff whom you may designate. : 
 
 Very respectfully, your obedient servant, 
 
 SAM. JONES, 
 Major General, Commanding. 
 Major General J. G, Foster, 
 
 CommcDiding U. S. Forces, IIilt07i Head, S. C. 
 
 II. Q. D. S., liiLTox Head, S. C, Ju'y 17, 1864. Official co])y : 
 
 THO:\IAS J. IIOBINSON", 
 1st Lieut. 2lst U. S. C. T., A. A. A. G. 
 
 H. Q. A., Washi\gto\, January 5, 1865. Official copy: 
 
 KOBEirr N. SCOTT, A. A. G. 
 
 Headquarters Dep't of South Carolina, Georgia, and Florida, 
 
 Charleston, S. C, July lo, 1864. 
 General : I'ermit me to say, in reply to your letter of the 7th instant, that 
 I am not aware of any "well established custom of releasing medical officers oh 
 both armies." I shall, however, make the necessary inquiries on this point, and 
 if the custom referred to, which I believe has of late fallen into disuse, (from 
 what causes I need not say,) is still regarded, I shall be governed thereby. 
 
 It is, however, proper to say that Dr. W. Robinson, of the 104th Pennsyl- 
 vania volunteers, was not, when captured, attending to the sick and wounded i 
 of your army, but was separated from his connnand, apparently engaged iu 
 reconnoitring the country. Whilst I ho])e that no obstacle to his release may 
 arise, 1 regret to be compelled to detain him until the facts in the case can be 
 more particulai'ly learned. 
 
 The blank pay accounts have been disposed of as requested. 
 Very respectfully, &c., 
 
 SAM. JONES, 
 Major General, Commanding. 
 Major General Foster, 
 
 Commanding U. S. Forces, Hilton Head, S. C. 
 
 II. Q. D. S., Hilton Head, S.C, Juhj 17, 1864. Official copy: 
 
 THOMAS J. ROBINSON, 
 ist Lieut. 21st U. S. C. T., A. A. A. G. 
 
 H. Q. a., Washington, January 5, 1865. Official copy : 
 
 ROBEirr N. SCOTT, A. A. G. 
 
 Headquarters Department of the South, 
 
 Hilton Head, S. C, July 15, 1864. 
 
 General: I have the honor to acknowledge the receipt of your three letters 
 of the 13tli. j\Iy temporary absence has prevented an earlier reply. 
 
EXCHANGE OF PRISONEJiS. 77 
 
 r do not desire to communicate with ^[ajor Lay at Port Royal ferry, except 
 to ask him to deliver this letter to you. 
 1 have the honor to be, &c., 
 
 J. G. FOSTER, 
 Major General, Commayidtng. 
 Major General Sam. Jones, 
 
 Com\lg Coi)fcderate Forces, Dep't S. C, Ga. and Fla. 
 
 Official copy : 
 
 TIIO:\rAS J. ROBINSOX, 
 Ut Lieut 2\st U. S. a. T., A. A. A. G. 
 
 II. Q. A., Wasiiixotox, Janiuir// 5, 1SG5. Official copy : 
 
 ROBERT N. kSC(:)TT, A. A. G. 
 
 IIeadquartkrs Department of the South, 
 
 Hillon Head, S. C, Juhj 16, 1864. 
 General: Regardin<r the case of Dr. W. R()1)inson, of the 104th Pennsyl- 
 vania volunteers, captured by your pickets on John's island, I deem it proper 
 to say that at the time of his capture h(! was not, as you state, in your letter of 
 the l.'jth instant, appeared to be the case, '-reconnoitring the country." 
 
 Having been detained, as the regiment moved in thi' morning, on ])rofessional 
 duty, he missed his way in following, and thus met your pick(-ts. 
 
 AV'ith respect to the custom of liberating surgeons when captured, I have to 
 ?ay that it has been my custom while in command, both in North Carolina and 
 East Tennessee. Your action in the present case will determine whether the 
 custom will be continued in this department. 
 
 Very respectfully, your obedient servant, 
 
 J. G. FOSTER, 
 Major General Commandhig. 
 Major General Samuel Jones, 
 
 Com'dg Confederate Forces, Dep''t of S. C, Ga., and. Fla. 
 
 Official copy : 
 
 THOMAS J. ROBINSON, 
 First Lieut. 2lst U. S. C. T., A. A. A. G. 
 
 n. Q. A., Washington, January G, 1SG5. Official copy: 
 
 ROBERT N. SCOTT, J. .l.G. 
 
 Headquarters of the Army, 
 
 Was/iivgtoii, D. C, July 19, 1S64. 
 General: The Secretary of War authorizes you to exchange any prisoners 
 of AVar now in your hands, rank for raid-:, or their equivalents, as iixcd by tlie 
 cartel, such exchange being a s])ecial one. 
 
 Very respectfully, your obedient servant, 
 
 •^ H. AV. H ALLECK, 
 
 Major General ajid Chi(f (f Staff. 
 Major General John G. Foster, 
 
 Commanding Department of the South. 
 
 Official copy : 
 
 J. C. KELTON, A. A. G. 
 
78 EXCHAXGE OF PRISOXEES. 
 
 IlEADtil ARTER8 DRrARTMEXT OF THR SoUTH, 
 
 Hilton Head, S. C, Angmt 4, 1864. 
 Gfarrai, r I lia\-e tlic honor to acknowledge the receipt of your letter of the 
 19th ultimo, authorizing me to exchange the pvigoner? of war now in my hands, 
 and to report that I made such exchange yesterday in Charleston harbor, and 
 that our released officers, comprising five general and one field officer, will pro- 
 ceed north on the steamer Fulton, under command of Brigadier Gr(M\eral Wes- 
 sels, who has orders to report to the Adjutant General of the army from Fort 
 Monroe, and also from New York, if no orders are received befoi-e their arrival 
 in the latter city. 
 
 Five line officers, that escaped from the railroad train en rmite to Charleston, 
 are sent with other officers. 
 
 N'erv respectfnllv, vour obedient servant. 
 
 J. G. FOSTER, 
 Major General Commanding. 
 Major General H. W. HATj.RrK, 
 
 Chief of Staj: U. S. A., Washington, D. C. 
 
 H. Q. A., AVaskixgtox, Jamiarrj 4, 1865. Official copy: 
 
 ROBERT X. SCOTT, A. A. G. 
 
 nEADQTARTERS 'I')RrARTi\IE\T OF THE Sot'TH, 
 
 Hilton Head, S. C, August 4, 1864. 
 
 General: The information given by our prisoners of war now liberated, and 
 by deserters, also by the late rebel papers, represents that our soldiers, now 
 prisonei-s at Andei-sonville, (xa., are destitute of comforts and necessaries, and 
 are rapidly dying. The number of deaths per day varies, according to reports, 
 from thirty to seventy. 
 
 1 do not know what the wish of the government may be ; but if it desire 
 tliat our imprisoned soldiers may be exchanged, so as to relieve them from their 
 distress, 1 can easily have the matter arr<inged with the confederate authorities 
 so as to effi>ct an exchange here. 
 
 The exchange can be made by the way of Savannah river, and we can easily 
 arrange to gnard any number of prisoners on our islands here, and to supply 
 tht-m as bountifully at least as our men are supplied that are in the hands of 
 the enemy. 
 
 I think tlie confederate authorities arc very desirous to have an exchange 
 effected both of officei-s and of men. 
 
 IMie insecure position in wjiich our prisoners have been confined probably 
 causes this desire. Th(y have already been obliged to remove our officere from 
 Macon, and 600 of them have already arrived in Charleston, and the others are 
 to follow. This is probably from its being the only secure place, and from the 
 hope that it may induce still further exchange. 
 
 f I shall notify General Samuel Jones that no more exchanges will he made 
 through Charleston harbor, and if any are authorized by the government they 
 will be made by the Sa\-annah river. The object of this is to induce them to 
 remove our officers from Chaileston to Savannah, so that our fire on the city 
 may be continued without risk of hurting our friends. 1 have, however, taken 
 
HEADUrARTERS OF THE Ar.MV, 
 
 Washivgfon, D. C, August 8, 1864. 
 Colonel : The Secretary of "War directs that six hundred rebel officers, 
 prisoners of war, be sent to ]\rajor General Foster, department of the south, for 
 ;onfinement there. They will be of different grades, as mav be most convenient. 
 
 H. W.^HALLECK, 
 Major General and Chief of Staff. 
 
 Colond IfoFFMAX, 
 
 Commissioner of Prisoners. 
 
 Official copy : 
 
 J. C. KELTUX, A. A. G. 
 
 EXCHANGE OF PRISONERS. 79 
 
 pains to ascertain where our prisoners were confined, so as to direct our fire on, 
 other parts. 
 
 I have the honor to be, general, very respectfully, your obedient servant, 
 
 J. G. FOSTER, 
 Major General, Commanding. 
 Major General H. W. IIalleck, 
 
 Chief of Staff, IT. S. A., Washington, D. C. 
 
 H. Q. A., Wasiii\otox, January/ 4, 1865. Official copy: 
 
 EOBERT X. SCOTT, A. A. G. 
 
 Headuiarters Depart.meiNT of the South, 
 
 Hilton Head, S. C, August 17, 1864. 
 General : I have the honor to enclose the original and transcribed copy of a 
 iocument received this day from some of our officers in Charleston. It is 
 iddressed to the President of the United States, and signed by Major General 
 5toneman, Colonel T. J. Harrison, 8th Indiana cavalry, and Colonel J. B. Dorn, 
 5th Iowa cavalry. It gives a heartrending account of the condition of our 
 jrivate soldiers now prisoners of war at Andersonville, Georgia. 
 
 This document was received by the hands of private Prescott Tracy, 82d 
 S^ew York volunteers. Private Tracy was exchanged yesterday at Port Royal 
 erry, to make uj) a small deficiency due at the last exchange at Charleston 
 larboi". 
 
 I pon the proposed subject of exchange, I have written you fully in another 
 ctter. 
 
 I have the honor to be, very respectfully, vour obedient servant, 
 
 J. G. FOSTER, 
 Major General, Cofnmandi/ig. 
 Major General 11. W. IIalleck, 
 
 Chi(f of Staff, U. S. A., Washington, D. C. 
 
 P. S. — I also enclose three other documents, brought on the jjerson of, 
 Prescott Tracy ; one of which is the original sent to the President of the 
 United States, also a statement by said prescott Tracy. 
 
 J. G. FOSTER, 
 Major General Commanding. 
 
 H. Q. A., Washington, January 6, 1865. Official copy : 
 
 ROBERT N. SCOTT, A. A. G. 
 
EXCHANGE OF PRISONERS. 
 
 Co.NFEUERATE STATES PrISOX, 
 
 Charleston, S. C, Augml 14, 1864. 
 To the President of the United States : 
 
 The condition of the enlisted men belonging to the federal armies, now 
 prisoners to the confederate rebel forces, is such that it becomes our duty, and 
 the duty of every commissioned officer, to make known the facts in the case to 
 the government of the United States, and to use every honorable effort to secure 
 a general exchange of prisoners, thereby relieving thousands of our comrades 
 from the horrors now surrounding them. For some time past there has been a 
 concentration of prisoners from all parts of the rebel territory to the State of 
 Georgia; the commissioned officers being confined at Macon and the enlisted men 
 at Andersonville. Recent movements of the federal armies by General Sher- 
 man have compelled the movement of the prisoners to other points, and it is 
 now understood they will be removed to Savannah, Georgia, and Columbia and 
 Charleston, South Carolina. But no chang(? of this kind holds out any prospect 
 of relief to our poor men ; indeed, as the localities selected are fsxr more 
 unhealthy, there nuist b'; an increase rather than a diminution of suffering. 
 Colonel Hill, provost marshal general Confederate States army at Atlanta, 
 stated to one of the undersigned that there were .35,000 prisoners at Anderson- 
 ville ; and Ity all accounts from the United States soldiers who have been con- 
 fined there, the number is not overestimated by him. These 35,000 are confined 
 in a field of some thirty acres, enclosed by a board fence, heavily guarded. 
 About one-third have various kinds of indifferent shelter, but upwards of 
 20,000 are wholly without shelter or shade of any kind, and are exposed to the 
 storms and rains which are of almost daily occurrence ; the cold dews of night 
 and the more terrible effects of the sun striking Avith almost tropical fierceness 
 upon their unprotected heads. This mass of men jostle and crowd each other 
 up and down the limits of their enclosure, in storm or sun, and then lie down on 
 the pitiless earth at night, with no other covering than the clothing upon their 
 back, but few of them having even a blanket. Upon entering the-prison, every 
 man is deliberately stripped of money and other property, and as no clothing or 
 blankets are ever supplied to their prisoners by the Confederate States army 
 authorities, the condition of the apparel of the soldiers just from an active 
 campaign can be easily imagined. Thousands are Avithout pants or coats, and 
 hundreds without even a pair of drawers to cover their nakedness. To these 
 men, as indeed to all prisoners, there is issued three-fourths of a pound of bread 
 or m;'al and one-eighth of a pound of meat ]ier day ; this is the entire ration, 
 and u])on it the prisoner must live or die. The meal is often unsifted and sour, 
 and the meat such as in the north is consigned to the soap-maker. Such are 
 the rations upon which the Union soldiers are fed by the rebel autfiorities, and 
 by which they are bravely holding on to life. But to starvation, and exposure 
 to sun and storm, add tire sickness which prevails to a most alarming and 
 terrible extent; on an average one hundred die daily. It is impossible that any 
 Union soldiers should know all the facts pertaining to this terrible mortality, as 
 they are not paraded by the rebel authorities. Such statements as the following, 
 made by Sergeant Bindman, 98th Ohio infantry, speak eloquent testimony. 
 Said the sergeant : " Of twelve of us Avho were captured, six died, four in the 
 'hospital ; I never expect to see them again ; there are but two of us left." 
 
 In 1862, at Montgomery, Alabama, under far more favorable circumstances, 
 the prisouiTS being protected by sheds, from 100 to 200 were sick from diarrhoea 
 and chills out of 700 ; the same percentage would give 7,001) at Andersonville. 
 It needs no comment, no efforts at word-painting, to make such a picture stand 
 out boldly in most horrible colors. Nor is this all ; among the ill-fated of the 
 many who have suffered amputation in consequence of injuries received before 
 
EXCHANGE OF PRISONERS. 81 
 
 capture, ;?ont from rcliel Iiospitals before their woiiiiJs were liealed, there are 
 eloquent witnesf^es against the barbarities of wliich they are victims. If to 
 these facts be added this, that nothing more demoralizes soldiers and develops 
 the evil passions of man than starvation, the terrible condition of Union 
 prisoners at Andersonville can be readily imagined. They are fast losing hope, 
 and are becoming reckless of life. Numbers, crazed by their sufferings, wander 
 about in a state of idiocy ; others deliberately cross the " dead line," and are 
 remorselessly shot down. In behalf of these mtm Ave most earnestly appeal to 
 the President of the Unifed States. Few of them have been captured except 
 in the front of battle, in the deadly encounter, and only when overpowered by 
 numbers. They constitute as gallant a portion of our armies as carry our 
 banner anywhere. If released they would soon return to again do vigorous 
 battle for our cause. 
 
 We are told that the only obstacle in the way of exchange is the status of 
 enlisted negroes captured from our armies, the United States claiming that the 
 cartel covers' all who serve under its flag, and the Confederate States refusing to 
 consider the negro soldiers, heretofore slaves, as prisoners of war. We beg 
 leave to suggest some facts bewaring upon the question of exchange, which we 
 would urge upon his consideration. Is it not consistent with the national honor, 
 without waiving the claim that the negro soldier shall be treated as prisoners of 
 war, to ell'cct an exchange of the white soldiers'.' The two classes are treated 
 differently by the enemy. Th(! white are confined in such prisons as Libby 
 and Andersonville, starved and treated with a barbarism unknown to civilized 
 nations. The black, on the contrary, is seldom imprisoned ; they are distributed 
 among the citizens, or employed upon government works. Under these circum- 
 stances they receive enough to eat, and are worked no harder than accustomed to. 
 They are neither starved nor killed off by tlie pestilence in the dungeons of 
 Kichmond and Charleston. It is true they are again made sla^-es, but their 
 slavery is freedom and liappiness compared with the cruel existence imposed 
 upon our gallant men. They are not bereft of hope, as are the Union soldiers, 
 dying by inches. Their chances of escape are ten-fold greater than those of 
 the white ^oldiers, and their condition, in all its lights, is tolerable in com- 
 parison Avitli that oi the prisoners of Avar now languishing in the dens and pens 
 of secessia. 
 
 While, therefore, believing the claims of our government in matters of 
 exchange to be just, Ave are yet profoundly impressed Avith the conviction that 
 the circumstances of the classes of soldiers are so Avidely different, that the 
 government can honorably consent to an exchange, Avaiving for a time the 
 established principle justly claimed to be applicable in the case. Let 35,000 
 suffering, starving, and dying enlisted men aid this appeal to the Chief Magistrate 
 of the republic for jtrompt and decided action in their behalf, and 35,000 heroes 
 Avill be made happy. Uor the 1,800 commissioned officers noAv prisoners, we 
 urge nothing. Although desirous of returning to our duty, Ave can bear 
 imprisonment Avith more fortitude if the enlisted men, Avhose sufferings we knoAv 
 to be intolerable, Avere restored to liberty and life. 
 
 J. B. DOIIR, 
 Colonel Eighth loiva Cavalry. 
 
 T. J. HARK I SOX, 
 
 Colonel Eighth Indiana Cavalry. 
 GEO. STONEMAX, 
 Major General United ttate.s- Volunteers. 
 
 H. Q. A., W.\.SHL\(iT<).\, January 7, 1865. Official copy : 
 
 ROBERT X. SCOTT, A. A. G. 
 II. Ex. Doc. 32 6 
 
82 EXCHANGE OF PRISONERS. 
 
 Statement of Private Pre.scolt Tracy, S2d New York rolun'cers, an exchanged ' 
 
 prisoner of irar. 
 
 Hilton Head, August 19, 1864. 
 
 I're^cott Tracy, 82d New York volunteers, ;i prisoner of war exclianged at 
 Port lloyal ferry ou tlic ISth instant, states that Captain Wirtz, post captain 
 at Andcrsonville, who has charge of the Union prisoners at the Confederate States 
 prison, camp Sumter, Andcrsonville, Georgia, is a brutal monster. When the 
 men come to camp, woi-n out and weary, they are kept in the hot sun, and if 
 they attempt to sit doAvn or go aside to relieve the calls of nature, he orders 
 
 them to be shot, and it is often done. His usual language is. You G — d j 
 
 son of a b — h, stand up" in line or I will shoot you down. j 
 
 If there arc any Germans, he takes them to his private oflicc and has con- 
 versation with them ; I can't tell what about, but we all think it suspicious. 
 They will not tell us what is said or done in thes<; private conversations. All 
 the orders for shooting and ill-treating our men in the vile manner it is done 
 come from him. He tells them that every Yankee they kill is a day less to 
 serve in the army. 
 
 Official : 
 
 AV. L. M. BERGER, 
 
 Captain and A. A. G. 
 
 H. Q. A., Wa8HI\0'J'0.\, January (J, 18Go. Official copy : 
 
 ROBERT N. SC( )TT, A. A. G. 
 
 iilatement. 
 
 Office of the Provost Marshal General, 
 Department of the South, Tldton Head, S. C, A?/gust 19, 18G4. 
 
 Prescott Ti'acy, private company G, 82d New York volunteers, from New 
 York city, a prisoner of war captured at Petersburg on the 22d of June ,: from 
 Petersburg was taken to Richmond ; from Richmond to Belle island. Over 
 1,200 men were at Belle island ; we were starved there ; our treatment was 
 very bad. From Belle island we were taken to Lynchburg, thence we marched 
 seventy-five miles to Danville ; it took five days, and all we had to eat was a 
 few crackers, from eleven to fifteen for each man for the trip. At Danville we 
 Avere well treated. Erom Danville we went to Andcrsonviile, and were nearly 
 starved to death ; we had no shelter; they stole our blankets, money, coffee, and 
 everything; we wei-e completely robbed. On the road down some of the offi- 
 cers made the men take the rings off their fingers. Most of the mim at Andcr- 
 sonville are nearly naked ; they steal the clothing oft' your back ; they stole 
 my shirt, the only one I had ; they made me take it oft". 
 
 Some of the men have no clothing except a meal-bag with a hole cut for their 
 head and others for their arms, their clothinjr havinsr been all stolen. 
 
 We have no shelter whatever from sun, rain or cold ; no covering at night. 
 Eull one-half are sick with malignant diarrhoea and scurvy, the worst and most 
 loathsome kind. There are some 34,072 prisoners there; from 80 to 145 die 
 daily. We find them lying dead all over the camp in the morning. The 
 hospital department is outside the stockade, with a few tents, but most of the 
 men are on the ground without bed or shelter. I'he surgeons, as a general rule, 
 are kind, and do what they can, but they have no medicine and very little means 
 of doing for the sick. 
 
 The petition enclosed was suggested by some of the rebel sergeants who call 
 the roll ; they asked why we did not get up a petition to our government. The 
 
exchan(;e of prisoners. 8o 
 
 autlioritici^ gave us the pnpcr, and it was agreed, if we -would tell nothing but 
 the truth, it would be forwarded to the rebel government and thence to Wash- 
 ington, to endeavor to efifcct a parole. I was one of the committee. I desired 
 to be permitted to go to Washington, together with the three men, Bates, Hig- 
 gonson, and Norrett, and personally represent the case to the President. The 
 statement was got up so as to pass the rebel authorities ; it does not tell a 
 tithe, no, not a tiiousandth part of our miseries 
 
 The letter from General btoneman. Colonels Dorr and Harrison was handed 
 to me by General Stoneman on the night before we started, when in Charleston 
 prison. 1 hid it in my stock ; my stock was taken and thrown away by the 
 rebels; 1 took it up again and brought it through, and did not take the letter 
 out until I gave it to (Jolonel Hall, provost marshal general. \ did not know 
 its contents. 
 
 PRE SCOTT TRACY. 
 
 Subscribed and sworn before me, this li)th day of August, 1864, at Hilton 
 Head, S. C. 
 
 ( >fiicia; 
 
 JAMES F. HALL, 
 
 Lieut. Cdl. (1/1(1 Prorost JSLirsJiul General. 
 
 W. L. M. BURGER, 
 
 Captain and A- A. G. 
 
 H. Q. A., Washington, Januan/ (i, \'6(j^. Official copy: 
 
 ROBERT N. SCOTT, 
 
 Assistant Ad'/utajit General. 
 
 Minytes ()f a meetinis (^f the sergeants commanding detachments of jtrisoners 
 at Andersonrille, Georgia. 
 
 At a meeting of the sergeants iu charge of the various detachments of pris- 
 oners confined at Andersonville, Georgia, held for the purpose of taking some 
 action to proj)erly represent the present condition of the prisoners to our gov- 
 ernment at Washington, and ther(;by secure, if possible, a speedy redress of 
 the wrongs complained of, th(; following committee was appointed, who, after 
 due consultation, reported the following preamble and resolutions, which were 
 unanimously adopted : 
 
 Committee. — AVilliaui K. .Johnson, chairman ; H. C. Higginson, .L S. 15anks, 
 E. W. Webb. 
 
 I'KKA.\11!I,K. 
 
 Apparently one of the sad eti'ects of the progress of tliis terrible war has beeu 
 to deaden our sympathies and make us more selfish than we were when the 
 tocsin of battle-strife first sounded in the land. Perhaps this state of public 
 feeling was to have been antici})ated. The frequency with which you hear of 
 captures in battle, and the accounts you have seen of their treatment, has robbed 
 the spectacle of its novelty, and, by a law of our natures, has taken off the edge 
 of sensibilities, and makes them less the object of interest. No one can know 
 the horrors of imprisonment in crowded and filth}' quarters but he who has 
 endured it, and it requires a brave heart not to succumb ; but hunger, filth, 
 nakedness, squalor and disease, arc as nothing compared with the heart-sickness 
 which wears prisoners down, most of them young men whose terms of enlistment 
 have expired, and many of them with nothing to attach them to the cause in 
 
84 EXCHANGE OF rRISONERS, 
 
 which tliey serve but principle nnd love of country and of friends. Does tli 
 misfortune of being taken prit?oner make us less the object of interest and vain. 
 to our government? If such you plead, plead it no longer; these are no comnni 
 men, and it is no common uierit that they call upon you to aid in their relca.-i 
 from captivity. 
 
 The undersigned, sergeants of the United States army, having in charge the 
 various detachments of prisoners now confined in Andersonville, Georgia, would 
 respectfully represent : 
 
 1st. That a large portion of the prisoners have been held as such for periods 
 ranging from nine to fifteen months, snbject to all the hardships and privations 
 incident to a state of captivity in an enemy's country. 
 
 2d. That there are now confined in this prison from 25,000 to 30,000 men, 
 with daily accessions of hundreds, and that the mortality among them, generated 
 by various causes, such as change of climate, diet, and want of proper exercise, 
 is becoming truly frightful to contemplate, and is rapidly increasing in virulence, 
 decimating their ranks by hundreds weekly. 
 
 3d. In view of the foregoing facts, we, your petitioners, most earnestly, yet 
 respectfully, pray that some action be immediately taken to effect our speedy 
 release, either on parole or by exchange, the dictates both of humanity and 
 justice alike demanding it on the part of our government. 
 
 4th. We shall look forAvard with a hopeful confidence that something will be 
 speedily done in this matter, believing that a proper statement of the facts is all 
 that is necessary to secure a redress of the grievances complained of. 
 
 5th. The above has been read to each detachment by its respective sergeant, 
 and approved by the men, who have unanimously authorized each sergeant to 
 sign it as will and deed of the whole. 
 
 This petition is signed by a hundred and eight sergeants of the United States 
 army. 
 
 H. Q. A., Washixgton, .lanuanj 7, 1S65. Official copy: 
 
 ROBERT N. SCOTT, A. A. G. 
 
 At ameeting of the committee appointed for the ])urpose of appointing delegate, 
 to present a petition from the prisoners confined in the Andersonville, Georgia 
 military prison, to the United States government, to the governors of the several 
 States, and the associated press of the United States, the following named gen- 
 tlemen were unanimously nominated : 
 
 Edward Bates, chairman; H. C. Higginson, S. Norrot, F. (iarland, W. N. 
 Johnson, P. Tracy. 
 
 On motion, it was decided that the following letter should accompany the copy 
 of the petition which is to be forwarded to the confederate authorities at Rich- 
 mond : 
 
 Camp Su.mtrr, i 
 
 Andersonville, Ga., July 20, 1864. I 
 In order to facilitate the circulation of the enclosed petition, we would respect- 
 fully urge the necessity of having representatives from the prisons here confined, 
 who \\\\\ be permitted to convey witliin the United States lines, and place before 
 the people, through the medium of the associated press of the United States, the 
 governors of the respective States, and to the executive authority of the United 
 States, the facts contained in the accompanying document, and do whatever may 
 be advisable in reference thereto. Believing, as we do, that such a course would 
 
EXCHANGE OF PRISONERS. 85 
 
 best subser\o the end.s in view, avc, as a committee of the whole, respectfully 
 submit the following named persons, subject to your approval, to consummate 
 the undertaking;: 
 
 Edward Bates, H. C. Hig-ginson, S. Xorrot, F. Garland, Wm. X. Johnson, 
 Prescott Tracy. 
 
 On motion, the committee adjourned, to meet again at six and a half o'clock, 
 to act in coDJunctiou with the general meeting. 
 
 S. XORHOT, Chairman. 
 C. A. McCLASKEY, 
 
 He cr clary for Commissioner. 
 
 H. Q. A., W.\sm.\(iTfi.v, Jamiary 7, 1865. Official copy: 
 
 ROBERT N. SCOTT. A. A. G. 
 
 IIk.vuuuartkrs Depart.ment of the South, 
 
 Hdtori Head, S. C, August 17, 1SG4. 
 Ge.vhual: I liave the honor to enclose to you a report made to me by 
 Lieutenant Colonel Woodford, the officer whom 1 had appointed to attend to 
 Avhatever exchange of prisoners might be authorized in this department. 
 
 From this it will appear that the confederate authorities are anxious to effect 
 an exchange of officers and men, rank for rank, or its equivalent, to embrace 
 all the prisoners the confederacy have now on hand. 
 
 I have made no propositions of any kind, and will only carry out the wishes 
 of the govennnent strictly and carefully, Avhatever they may be. 
 
 It may be proper to say that, if it be the wish of the government to obtain 
 all our prisoners by exchange, it can be effected readily b}' way of the Savan- 
 nah river, and the rebel prisoners, up to the time of their exchange, can, I 
 think, be safely guarded upon these islands. 
 
 I have the honor to be, sreneral. verv respectfullv, your obedient servant, 
 
 J. G. FOSTER, 
 Major General Commanding. 
 Major General II. W. 1Ialle( K, 
 
 Chi(f()f htaj' U. .S. Armies, Washington, D. C. 
 
 H. Q. A., AVASHi.Nt; TON. January 4, 18G-5. Official copy: 
 
 ROBERT N. SCOTT. A. A. G. 
 
 JiDciF, ADV(tc ate's Office. Depart.me.nt of the Softh, 
 
 Hdtoa Head, S. C, August 17, 1S64. 
 
 Ge\ERAL : I have the honor to report that, in obedience to your instructions 
 of August 6, instant, directing me to accompany Major Anderson, A. D. C, to 
 Port Royal ferry, for the purpose of being introduced to Major Lay, of the 
 confederate forces, as the officer who would in future conduct all exchange of 
 prisoners at this point, I proceeded on the IGth instant with Major Anderson to 
 the designated place, and met Major Lay. 
 
 In conformity with an arrangement previously made between ^Majors Ander- 
 son and Lay, I took with me eight (8) confederate privates, and duly exchanged 
 them for the same number of United States soldiers. I also delivered to Major 
 Lay Dr. William AVilson, an assistant surgeon of the Villepigncs battalion, 
 (confederate,) who was captured recently in Florida, and had been held as a 
 liostage for surgeons of our army prisoners in the hands of the confederate 
 
86 EXCHANGE OF PRISONERS. 
 
 autlioritic.-?. Major Lay delivered to me Dr. William T. Hobiuson, surp;('on 
 104tli Pennsylvania volunteers, and Dr. H. S. Tyrrell, assistant surgeon 17tii 
 Connecticut volunteers, wlio had been held by them as prisoners. It was then 
 agreed between Major Lay and myself that all surgeons and chaplains who 
 might be captured by either army in this department should he released so 
 soon as their profession and rank should be ascertained. 
 
 In obedience to your verbal instructions, given me on the 14th instant, I 
 asked IMajor I^ay what authority he had in regard to the future exchange of 
 prisoners, and he replied that he was empowered to exchange man for man, 
 and rank for rank, as many prisoners of war as would be delivered to him in 
 this department. He farther stated that he was able to exchange a large num- 
 ber of private soldiers, and Avas directed to fiicilitate such exchange by all 
 proper means. I replied that you were personally desirous of exchanging all 
 the prisoners of war whom you properly could, and that you had written to the 
 War Department at Washington, asking instructions upon the entire subject of 
 a further exchange in this department. I also ])romised, th.at should you 
 receive any instructions authorizing either a partial or general exchange, you 
 would immediately notify Major General Jones by flag of truce. 
 
 Major Lay informed me that he had with him about twelve officers and 
 twenty privates, whom he was ready to deliver to me upon the condition that 
 I would sign a stipulation in your behalf to return an equal number of confed- 
 erate officers and men. Under your instructions to close up the limited 
 exchanges already agreed iipon, and not to make any arrangements for future 
 ones until you should receive definite authority from Washington, I was com- 
 pelled, although with regret, to decline Major Lay's offer. 
 
 In conclusion, I woukl respectfully state that I am fully satisfied that an 
 exchange of our officers now confined at Charleston, Savannah, and Macon 
 can be cftected, as also of many of our soldiers who are imprisoned and suffer- 
 ing at Andersonville, Georgia. 
 
 The privates received by me yesterday unite in describing the condition of 
 their late comrades at Andersonville as being pitiful in the exti'cme. They 
 state they arc but half fed ; that they are naked, suffering, sick, and dying. 
 They beg the government to at least exchange as many of their number as 
 possible, and thus save them from further agony. In their prayer I respectfully 
 concur. 
 
 I am, general, with great respect, your obedient servant, 
 
 STEWART L. WOODFORD, 
 Lieut. Col. I21lh Rfgimo'f N. Y. Vols., and A. J. A. 
 
 Major General John G. Foster, U. S. A., 
 
 Commayiding Department, of the SoittJi. 
 
 H. Q. A., WA>m\(iTO\, D. C, Jamiarij 4, lS6o. (Jiiicial copv : 
 
 ^, A. A. G. 
 
 IlKADUrARTERS OF THE ArMV, 
 
 Washhigton, V. C, August 19. ISO 4. 
 Gexeral : The testimony of our prisoners at Richmond abundantly proved 
 that they received only a small portion of the stores sent to them. Most ol 
 these stores were used by the rebels themselves — whether by the authority or 
 connivance of their own government and officers is not known. It is stated that 
 in many cases where the stores were actually distributed to our prisoners, and 
 
! EXCHANGE OF PKIFONERS. <S7 
 
 the (listiibutiou witnessed and certified to by our officers, the guards actually 
 removed them, either being ordered to do so or acting on their own responsibility. 
 Nevertheless, the Secretary of War authorizes the sending of necessary supplies 
 to our prisoners where measures can be taken to insure their enjoyment of the 
 supplies so sent. To turn over such supplies to the rebel authorities, without 
 security as to (heir delivery, would only he addisig so much to the support of 
 the rebel army. 
 
 Very respeclfullv, your obedient servant, 
 
 li. AY. IIALLECK, 
 Major General, Chief of Staff. 
 Major General 1'\)STKI{, 
 
 Cotn7nu7i(Ung Department of the South. 
 
 Official copv : 
 
 J. C. KELTOX, .1. A. G. 
 
 IIkadquakters Department of the South, 
 
 Hilton Head, S. C, August 25, 1864. 
 Gkxeual : I have the honor to report the receipt yesterday of a communi- 
 cation fi om Major General Sam. Jones, dated the 20th instant. I enclose a copy, 
 marked A. It is in reply to my letter to him of the I5th instant, a copy of which 
 I sent to you on that day. 
 
 By the same flag of truce which brought me this letter from General Jones, 
 he also sent one from Colonel John Bedell, 3d New Hampshire volunteers, to 
 himself, w'ith one from the colonel to me. Both these letters are dated on the 
 I 7th instant. 1 also onlose copies marked, respectively, B and C, and have the 
 ii"!i()r to invite your attention to General Jones's indorsement on the letter 
 mirked B, [C] 
 
 .\.s all these papers relate to the subject of exchange, I have made no reply 
 to them, but refer them to you for the action of the honorable Secretary of War- 
 ns directed in your letter to me of the Stli instant. 
 
 I hav(; the honor to be. very respectfully, your obedient servant, 
 
 J. G. FOSTER, 
 JSIajor General, Coiiunanding . 
 Major General H. W. JIalleck, 
 
 Chief of Staff, United States Arnnj. 
 
 II. Q. A., January 6, 1SG4. Official copy: 
 
 J. C. KELTON, A. A. G. 
 
 HEAD(iiAUTKi;.< Dhi''t S. Carolixa, Georoia, and Florida, 
 
 Charleston, S. C, August 20, 1864. 
 Ge.mmjai, : Your letter of the 1.5th instant Avas received two days since. 
 The information given you by deserters and the United States officers ex- 
 changed on the 3d instant, that there were other United States officers, prisoners 
 
88 p:xciiange of prisoners. 
 
 of war, confined in this city, it? correct. Others have since arrived, as you ]iav< 
 probably ah'cady ascertained by the masses of letters they have been permitted 
 to send under flag of truce to your lines. 
 
 You are mistaken if you suppose those prisoners have been sent here for the 
 purpose of being placed in positions where they may be reached by your shot. 
 They arb placed here by the government simply because it is found more 
 convenient at present to confine them here than elsewhere. 
 
 When proper arrangements are made for their accommodation elsewhere, they 
 may be removed, but their removal will not be hurried or retarded by your 
 threat to place an equal nunrber of Confederate States officers, prisoners of war, 
 under our fire. 
 
 I do not feel it incumbent upon me to keep you informed of the number and 
 rank of the prisoners of war and where they arc located. Not that I desire any 
 concealment in the matter, as you may know from the fact that they are per- 
 mitted to conmiunicate very fully and freely by letters with their friends, and 
 these letters pass through your iieadfjuarters. 
 
 In reply to your reiterated declaration, that to confine prisoners of war in 
 Charleston is cruel and inconsistent Avith the usage of civilized warfore, I have 
 to reply that I differ with you in opinion on that point, and refer you for my 
 views on the subject to a letter which I addressed to you on the 2;id of June 
 last. 
 
 You will permit me to add, that the only treatment received by the prisoners 
 of war now in our possession, that is in disregard of the usage of civilized war- 
 fare, they receive at the hands of their own government. They are certainly, 
 as prisoners of war, justly entitled to fair and honorable exchange, and that their 
 government denies them. 
 
 I am ready at any time to send you every prisoner of war now in this 
 department, if you will give me in exchange an equal number of Confederate 
 States prisoners, man for man, rank for rank, or tlieir equivalent. 
 Very respectfully, your obedient servant, 
 
 SAM. JONES, Mcrjor General. 
 
 Major Ceneral J. G. P^^S'i'ER, 
 
 Co7)iina7iding Dcpartnient of the SoutJi, Hilton Head, S. C. 
 
 Hi'lADUT'AKTKRS DrI'ART.MENT OF THE SoiyTII, 
 
 Wlron Head, S. C, August 25, 18(54. 
 
 Official copy : 
 
 W. L. M. BUllOER, 
 
 Captahi and A. A. G. 
 H. Q. A., January 6, 1^6.5. ( )lHcial copy : 
 
 iiOBEllT N. SCOTT, A. A. G. 
 
 Ilu'HLAM) .Iail, Columbia, S. C, 
 
 August 17, 1864. 
 General: Having heard* that there is probability of another exchange of 
 prisoners at Charleston, the officers belonging to the department of the south 
 confined here, and captured more than a year ago, have requested me to respect- 
 fully make application to you in their behalf. They are among the prisoners 
 of oldest date Avithin the southern lines, and many of them are suffering greatly 
 from long and painful captivity. If another exchange should take place in your 
 department, they earnestly request that their names may be placed upon the 
 list. The names, with date of capture, may be found within. Besides these I 
 
EXCHANGE OF PRISONERS. 89 
 
 have added three ofiiccr.-^ in prison with us, severely wounded, but recently 
 captured, in the hope that they, too, may be speedily exchanged. 
 
 A similar application, with list, is enclosed herewith to Major General Jones, 
 Charleston, South Carolina. 
 
 I have the honor to be, verv respectfullv. yours, 
 
 JOHN BEDELL, 
 Colonel oil New Ha?np-'i/iirc Vols. 
 Major General Foster, 
 
 Comniaiidlns Department of the South. 
 
 Headquarters Department of the South, 
 
 Hilton Head, South Carolina, Augnst 25, 1SG4. 
 Official copy : 
 
 W. L. M. BURGER, 
 
 Captain and A. A. G. 
 H. (^). A., Januanj 7, 1865. OtHcial copv : 
 
 'ROBERT X. SCOTT, A. A. G. 
 
 Richland Jail, Columbl^, S. C, August 17, 1864. 
 Enclo.^ed herewith is an application to General Foster, commanding at Hil- 
 ton Head, for the exchange of certain officers confined here, and I respectfully 
 ask that it may be forwarded to him at as early a day as convenient. The 
 officers respectfully request that, in consideration of the great length of their 
 imprisonment, you will place their names on the next list for exchange. If an 
 exchange would be earlier effected by being removed to Charleston, we respect- 
 fully ask that it may be done. 
 
 Within is a list of the officers, with date of captui-e, including three wounded 
 officers whom we would be glad to have exchanged with us. 
 Verv respectfullv, vours, 
 
 JOHN BEDELL, 
 Colonel 'id New Hampshire Volunteers. 
 Major Cieneral Saal Jo.nes, 
 
 Charleston, South Carolina. 
 
 Headquarters Department of the South, 
 
 Hilton Head, South Carolina, August 25, 1864. 
 ( >fficial copv : 
 
 AV. L. M. BURCrER, 
 
 Captain and A. A. G. 
 H. (j|. A., JanuarijQ,, I860. Official copv : 
 
 ROBERT N. SCOTT, A. A. G. 
 
 Headquarters Dept. S. Carolina, Georgia, and Florida, 
 
 Charleston, August 21, 1864. 
 
 Respectfully referred to Major (jleneral Foster for his information. 
 I cannot, at present, conveniently com|)ly with their recjuest by bringing 
 them to this city, but I will exchange them for a like number of confederate 
 States officers, rank for rank, or their equivalents. 
 
 SAM. JONES, 
 Major General Commanding. 
 A true copv : 
 
 W. L. M. BURGER, 
 
 Captain and A. A. G. 
 H. (j). A., January 0, 186-5. Official copy : 
 
 ROBERT N. SCOTT, A. A. G. 
 
90 EXCHANGE UO PRISONERS. 
 
 Headquarter!* DEPARXiMENT of the South, 
 
 Hilton Head, South Carolina, Scptej)iber 1, 1864. 
 General : I have the honor to inform you that Commander Williams, 
 United States navy, Major Bruyn, 7th New York artillery, and Captain Bird, 
 14th Pennsylvania cavalry, have been paroled by the confederate authorities 
 for the purpose of proceeding north to arrange, if possible, for their own ex- 
 change. 
 
 I have directed Major Bruyn and Captain Bird to proceed to New York 
 and report to INfajor General E. A. Hitchcock by letter from that place. 
 T have the honor to be, general, very respectfully, your obedient servant, 
 
 J. G. FOSTER, 
 Major (ieneral. Commanding. 
 Major General H. W. Halleck, 
 
 Chief of StajT, U.S.A., Washington. 
 
 H. Q. A., January G, 1865. Official copy : 
 
 ROBERT N. SCOTT, .4. A. G. 
 
 HEAUUUARTEItS DeI'A R'l'MENT OF THE SoU'JH, 
 
 Hilton Head, S. C, September 5, 1864. 
 
 General : 1 have the honor to report that no military operations have taken 
 place since the date of my last report. 
 
 The enemy have sent over the lines, without exchange, a large number of 
 surgeons and chaplains whom they have held in custody. This is the result of 
 the correspondence I had with General Sam. Jones, showing him that these 
 persons were to be considered non-combatants. General Jones has also sent 
 over the lines, without exchange, two enlisted men, sergeant and private, 
 that were captured at Port Royal ferry under the following circumstances : 
 
 The rebel pickets at that point called to our pickets to send over a boat to 
 them, as they wanted to desert. The sergeant in command of our picket cred- 
 nlously believing them, went in a boat with one man, and upon their arrival on 
 the opposite shore were taken prisoners and the boat seized. General Jones 
 returns them without exchange, with the remark that " they were captured 
 under circumstances which he cannot approve." 
 
 General Jones refuses to allow our officers, prisoners of war, to take charge 
 of supplies for our prisoners at Charleston and Savannah, but says he will 
 insure their faithful delivery. He has no jurisdiction over the prisoners at An- 
 dersonville, and therefore declines to entertain that part of the proposition. 
 
 I enclose a copy of the letter. 
 
 I have the honor to be, general, verv respectfuUv, your obedient servant. 
 
 J. G. FOSTER, 
 Major Ccnvral, Commanding. 
 
 Major General II. W. Halleck, 
 
 Chief of Staff, U. S. A. 
 
 II. Q. A., Januar// 6, 1865. Official copv : 
 
 ROBERT "N. SCOTT, Major and A. A. U. 
 
 Headquarters Dept. of S. Carolina, Georgia and Florida, 
 
 Charleston, S. C, Augnst 25, 1864. 
 General : 1 received yesterday your letter of the 21st instant. The United 
 States soldiers, prisoners of war, now at Andersonville, Georgia, arc in no way 
 
EXCHANGE OE ERISOXERS. 91 
 
 ! whatever luuLu- iny control, and 1 tlierefore cannot undertake to deliver tlicm 
 the sanitary stores you desire to send, without the sanction of the officer having 
 charo-e of the prisoners. I have referred the matter to him, and feel quite sure 
 that he will not hesitate to allow the stores to be sent to them. 
 
 I cannot permit any prisoner to take charge of the stores and act as quarter- 
 master to distribute them ; but if the officer having charge of the prisoners will 
 permit them to be delivered, I will designate an officer to receiv^e and receipt to 
 the proper officer of your command for them, and hold him to as strict an ac- 
 countability for their proper delivery as though these Avere stores belonging to 
 my government. 1 will communicate with you further on this subject when I 
 receive a reply from the officer to whom I have referred your request. 
 I am, very respectfully, your obedient servant, 
 
 8A^r. JONES, Major Gen. Com. 
 
 Atajor (leneral J. G. Fostek, 
 
 Commdndniii Depart iiic?il. of llic Houtlt. ITilion Ilcdd . 
 
 lllCADQI AKTKliS Dfip'toF S. ( 'a K()1,1.\ A, G KOlMilA, AM) Fl.OKIDA, 
 
 (J/iarlcsfoii, Aitgust 2, 1864. 
 
 i>y an oversight on the part of some one in ray office, this letter was not 
 foru-arded as it should have been, by flag of truce, the day after its date. 
 It is now i-espectfidlv forwarded. 
 
 SAM. JONES, Majnr Genera/. 
 
 IL Q. Dei'aut.mi;.\t of tiih Sot tii, Hilton Hi;au, S. C. Official : 
 
 THOMAS J. ROBINSON, 
 1.?/ Lieidenant ^Ist (J. S. C. T., A. A. A. G. 
 
 \l. i). A., .JaniKu-}/ (i. lS(i'j. Official : 
 
 KOBEUT N. SCOTT, il/r//or and A. A. G. 
 
 Ill'.AIKtl 'AltTKRS DhU>AirriMi;.\T OK TUB SoUTH, 
 
 HiUon Head, S. C, September 13, 1864. 
 (Jk.\i;ual: 1 have the Junior to re])ort that the rebel prisoners brought here 
 -on the (Crescent were sent to ^lorris island on the first instant, where they 
 wcic disembarked on the seventh, and placed in the palisaded enclosure prepared 
 for their reception. This is made as strong as possible under the circumstances, 
 and every ])recaution is taken to prevent an escape or release. Triple lines of 
 sentinels ai-e established. Proper distribution is made of sections of light bat- 
 teries and the IJeqna battery, so that they may be used in case of any disturbance. 
 The whole enclosure, moreover, is directly under the guns of Fort Strong. 
 
 The rebels are placed in A tents, which are properly arranged in the form of 
 an encampment, and detailed rules are established for their government. These 
 depend entirely upon the treatment, &'c., received in Charleston. 
 
 Many of the officers express themselves well satisfied with the novelty of the 
 change, and have little fear of their own shells, which they watch with interest. 
 I have the honor to be, very resjiectfuUv, your obedient servant, 
 
 J. G. FOSTER, Maj. Gen. Commandinr/. 
 IV[ajor General II. W. IlAi.Li'.i k, U. S. A., 
 
 C/i/e^' of St of, Armies of the U. S., Was/iif)s;ton, D. C. 
 
 11. 0. A., .Janvorij (5, 186-'). Official: 
 
 ROBERT N. SCOIT, Major and A. A. G. 
 
92 EXCHANGE OF PKISONERS. 
 
 HEADCiUARTERS OF THE ArM\, 
 
 Washington, D. C, Se2^ic7nher 23, 18G4. 
 General: The Secretary of War authorizes you to release and send nortli 
 the five rebel officers mentioned in your letter of the nineteenth instant. If, 
 however. Captain J. 15. Fitz<j:;erald was in our array after the rebellion com- 
 menced, he will not be released. 
 
 * * * ***** 
 
 jl. W. HALLECK, Maj. Gm , Chirf of Staff. 
 Major General Foster, Department oF the Srjuth. 
 
 Official copy: J. C. KELTON, A. A. G. 
 
 [Contideutial.] 
 
 Headquarters Depar'i'ment of the Sou'i'h, 
 
 HHtoti Head, <S'. C., Sepicmher 25, 1864. 
 
 General: 1 have received recent information from refugees and deserters 
 respecting our officers and soldiers, prisoners of war. There are now 1,800 
 officers in Charleston, and from GOO to 1,000 in Savannah. Their condition and 
 treatment is tolerable. All the privates have been removed from Andersonville, 
 G,000 to the race-course, three miles from Charleston, 2,500 to Savannah, and 
 about 20,000 to Florence. The reason for the removal of the privates is said to 
 be the fear of a raid to liberate the prisoners made from Sherman's army. 
 
 All the reports unite in describing the condition of the privates as deplorable 
 in the extreme. They are ill-fed, destitute of clothing, and rapidly sickening 
 and dying. Those that were brought to Charleston were of the stronger class 
 among them, as none wore permitted to come who could not get along without 
 a cane : of these, one whole car load were naked. All, as they passed along the 
 streets, clutched ravenously at the food that many people brought out to them. 
 All tenderness for each other seemed to be blunted by the brutalizing effect of 
 starvation and misery, and the strong would crowd aside the weak in the struggle 
 for food. Many of these, about 700 in number, have volunteered to work upon 
 the fortifications in this ha»bor, (CJharleston,) being induced to do so by promises 
 of better treatment, more food and clothing, and by being told that their gov- 
 ernment refuses to exchange them, and has abandoned them. These poor fel- 
 lows, being thus deceived, have accepted these rebel conditions, and are, I am 
 told, many of them now on Sullivan's island at work repairing the batteries. 
 
 The presence of our prisoners in Charleston in their miserable plight has de- 
 veloped the Union sentiment, which is found to be quite considerable ; and aid 
 in the form of clothing, food, and money has been freely given. On the other 
 hand, the vile and cruel secession sentiment has been intensified. The following 
 scene is described to me : A Union prisoner sinks down on the sidewalk ex- 
 hausted ; a poor vt^oman carries him bread and milk, and, while feeding him, is 
 accosted by one of the self-styled ladies of tin? better class with the (luestion, 
 "Feeding him, ai-e you?" "Yes, why not?" was the answer. "Why not! 
 Why, he may have killed your brother, or some of your people.'" " No," was the 
 reply, " he has killed none of my people." " Well," says lady, " you had better 
 feed him with arsenic, if you feed him at all." 
 
 The feeling among our men, now prisoners, is not, in consequence of the de- 
 ceptive reports of the rebel guards, and their long confinement and apparently 
 hopeless condition, of the character that loyal men could wish to exist. Our 
 men are told by the rebels that our government will not exchange them, and 
 demand even the rate of seccn confederates to one Yanhee. Such is the exaggera- 
 
ex('han(4p: of riiisoxEKS. 93 
 
 tioii of the stories that are told tlicni, 80inc of wliicli our poor men believe, and 
 hence their willingness to work even upon rebel fortifications, in order to obtain 
 obtain a small modification of their sufferings. 
 
 I have tried in every way to send them supplies. In accordance with your 
 direction not to intrust the United States supplies for distribution to other than 
 our own officers, I have inquired of ^Major General Sam. Jones if he will allow 
 some of the United States otHcers, now prisoners of war, to act as quartermasters 
 in the distribution of these supplies. He replies in tke negative, but states that 
 he will endeavor to see that all supplies that are gent, and intrusted to him, are 
 faithfully delivered. In accordance with this promise, being actuated by a 
 desire to render prompt aid to our suffering men, I have sent forward a con- 
 siderable sum of money, raised by private subscription in this department, also 
 many private boxes of stores, accompanied by supplies from the sanitary com- 
 mission. The money was intrusted to a Catholic priest, who engaged to deliver 
 it to the priest in charge of the sick and dying men who were at Andersonville, 
 for distribution to them or expenditure for their benefit. The sanitary com- 
 mission has further engaged to send forward r),000 suits of clothing by the next 
 flag-of-truce boat. 
 
 I believe it w'ould be immensely to the benefit of the government to order a 
 general exchange of prisoners to take place at this point. The simple announce- 
 ment of such an order will carry hope to many a despondent heart among our 
 prisoners and give them all new life. However slow the change maybe ell'ected 
 in reality, the knowledge; that their time will come in turn will make both officers 
 and men satislied and hopeful. 
 
 I cannot urge this matter too strongly upon you, and ask that you urge it 
 upon the government. 
 
 I am satisfied that all soldiers, both white and black, can be readily exchanged 
 without delay or lengthy correspondence. I would prefer, however, if the 
 government comes to the determination to exchange, that the prisoners placed 
 in my hands for retaliation be not exchanged imtil all Union prisoners be removed 
 from under our fire in Charleston. 
 
 Very respectfully, your obedient servant, 
 
 J. G. FOSTER, 
 Major General Conunanding. 
 
 Major General H. W. Halleck, 
 
 Chief (if Staff of Armies of United States. 
 
 P. S. — The information of the inducing several hundred of our men to work 
 on the fortifications in the harbor comes direct from Charleston, and is, I think, 
 entitled to credit. I shall, however, take measures to ascertain the whole truth. 
 
 J. G. FOSTER, 
 Major General Commanding. 
 
 H. Q. A., WASHi.\'(iT()\, ./««?/(//•// 4, ISl)'). Official copy: 
 
 ROBERT N. SOOTT. A. A. G. 
 
 [Confidential.] 
 
 Hi: xDQUARTRRs Df,partme.\t of thh Sol th, 
 
 Hilton. Head, S. C, September 26, 1SG4. 
 
 General: I have taken pains to ascertain more about the employment of our 
 soldiers, now prisoners of war, on fortifications in Charleston harbor, and the re- 
 • sult is that what 1 wrote to you yesterday is fully substantiated. 
 
 Most of the men are at work in rear of Mount Pleasant. The worst feature in 
 
04 EXCHANCE OF PRISONERS. 
 
 the case is, that many of our men lia\'ebeea ituluced by the hopelessness of then 
 condition, by tlieir misery and starvation, to take the oath of allegiance to tin 
 sovt/i cm eonfcilcracy. 
 
 To what extent this has gone I do not know, but the cases are becoming ncry 
 frequent. 
 
 Very respectfully and truly yours, 
 
 J. G. FOSTER, 
 Major General (hmmand'mg. 
 Major (icneral IT. W. IIallkck, U. S. Amnj. 
 
 II. Q. A., WAsniMiTOX, Januan/ •'), iS65. Official copy : 
 
 ROBERT N. SCOTT, A. A. (r. 
 
 Hl^AIJCiUAKTERS OF THE ArAIY, 
 
 WasMngton, D. C, October 5, 18G4. 
 General : The Secretary of War is not pleased that you should, without au- 
 thority, send paroled officers to New York to negotiate personal exchanges through 
 the War Department. Hereafter when prisoners of war come into your lines 
 under ]tarole for special exchange, tlieir cases will be reported for the action of 
 the War Department; but until notified of that action, you will not allow them 
 to leaye your department, except to return on the expiration of their paroles. 
 There are important reasons why this rule should be strictly observed. 
 Very respectfully, your obedient servant, 
 
 II. W. IIALLECK, M. G., Chhf of Staff. 
 Major General J. G. Foster, 
 
 Hilton Head, S. C. 
 
 Official copy : 
 
 J. C. KELTON, A. A. G. 
 
 Headqiarters Department of the South, 
 
 Hilton Head, S. C, October 13, 18G4. 
 
 General : I have the honor to acknowledge the receipt of your letter of Sep- 
 tember 30, in reply to my confidential letters of the 25th and 2Gth ultimo, in 
 regard to the exchange of jirisoners. In re])ly, I have to state that the instruc- 
 tions of Lieutenant (jcncral (jJraut, conveyed to me in your letter, Avill be fully 
 complied with. 
 
 ^^ery respectfully, your (jbedient servant, 
 
 J.G.FOSTER 
 jSIajor General, Commanding 
 Major General II. W^. IIalleck, 
 
 CItiefof Staff of Armies ef the U. S., Washington, D. C. 
 
 H. Q. A., Washl\(;tox, January 4, 186-3. Official copy : 
 
 ROBERT N. SCOTT. A. A. G. 
 
 Heauui arters Department of the Soi th, 
 
 Hilton, Head, S. C., October 20, 1864. 
 (lENERAL: Your letter of Sejitember 23, 1864, is received, in which I a.m au- 
 thorized to release and send norlh five rebel officers, upon their taking the pre- 
 scribed oath of allegiance. 
 
EXCHAXAE OF PRISONERS. 95 
 
 My .ipplication, dated September 19, 1864, for the release of these men, was 
 made previous to my being informed that one of the number had been in the 
 United States service since the commencement of the war, previous to his enter- 
 ing that of the rebels; and from subsequent information obtained, I am convinced 
 that the others are unworthy of this measure of leniency in their bclialf, and 
 their release would be in o})position to the interests of the service. 
 
 AVith reference to passports for females to come north, I do not understand by 
 your communication that restrictions are placed upon the wives of deserters from 
 the rebel army who may wish to join their husbands. 
 
 I have the honor, general, to remain, very res[)cctfully, your obedient servant, 
 
 .1. (1. FOSTER, Major Hen I CoimVg. 
 
 Major (Jeneral II. AY. IIai,li:( K, 
 
 C/tuf of Staff, Wash'nigtoiu D. C 
 
 H. il- A., WASHi.\ciT().\, Januanj 4, 186r>. Official co{»y : 
 
 ROBERT N. SCOTT. 
 
 Hkaucilakters; of tub Army, 
 Waskington, D. C, Octoher 31, 1864. 
 Major (Jcneral FoSTKR, Hilton Head: 
 
 General: Your letter of the 20tli instant, transmitting General Hardee's 
 proposition for an exchange of prisoners of war, has been submitted to Lieutenant 
 (icneral Grant, who directs me to say that no exchanges will be made (except 
 on the li(dd of battle, as provided in the cartel) without special orders, or through 
 the duly appointed commissioners. 
 
 Very respectfully, vour obedient servant, 
 
 11. W. HALLECK, Maj. Gen., Chu-f of Staff. 
 
 < Hlicial copy 
 
 J. C. KELTON, 
 
 Assistant Adjutant General. 
 
 Office Coaimissioxer of Exchaahe, 
 
 Januari/ 19, 1865. 
 llo.N. THE Secuftarn OF War : In obedience to the telegram, I have the 
 honor to transmit herewith copies of all the correspondence that remains in the 
 otlice of the commissioner of exchange of prisoners relating to that subject. 
 
 Action having been taken thereon by the Secretary of the Navy, by the 
 Lieutenant General, by General Hitchcock, and by Colonel Hoft'man, there is cor- 
 respondence necessary to give a complete history of the matter of exchange 
 of prisoners since I have had the honor to be commissioner of exchange. 
 I liave the honor to be, verv respectfully, your obedient servant, 
 
 BEN J. E. BUTLER, 
 Maj. General and Cominissioner of ExcJiange. 
 
 ( (fficial copy: 
 
 E. U. TOWNSENl), Assist' t Adj't General. 
 
9G EXCHANGE OF PKISONERS. 
 
 War Departmk\t, 
 
 Washington, December^, 186n. 
 
 General : I am directed by the secretary of war to inform you that your 
 action in regard to supplying vaccine matter for the use of the Union prisoners 
 at Kichmond is approved by this department. 
 Very respectfully, vour obedient servant, 
 
 JAMES xV. HARDEE, As.s'l. AJjl Ucncral. 
 Major (Jeneral Ben J. E. Butlek, 
 
 Commanding, ^c. Fortress Monroe, Va. 
 
 Headquarters Dep't of Viuginia and North Carolina, 
 
 Fort ISIonroc, Va., Decrmhcr 23, 1863. 
 
 Hon. lloBT. OuLD, Comynissioncr of Excltangc, Richmond, Va : 
 
 Sir: I enclose two papers, the contents of which will explain themselves, 
 and perhaps you will be able by forwarding them to relieve the anguish of an 
 afflicted family. 
 
 I have the honor to be, very respectfuHv, your obedient servant, 
 
 BEN.). E. BUTLEK, 
 Major (jcntra/. Commanding. 
 
 Headquarters Dep't of Virolna and North Caejolina. 
 
 Fori Monroe, Va., Dec., 24, 1SG3. 
 
 Hon. IvOirr. (3uld, Com?nissioner of E.rchange, Richfnond, \'a.: 
 
 Sir : I have the honor to enclose to you an official copy of the authority 
 conferring upon me the duties of commissioner of exchange of prisoners, so 
 that we may be able to establish ofHcial relations upon that subject. 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. E. BUTLER, 
 Major (tcneral. Commanding. 
 
 Headquarters Dep't of Virginia and North Carolina, 
 
 Fort Monroe, Va., December 25, 1865. 
 Hon. RoBT. OuLD, Cofnmissioner of Exchange of the Confederate Authorities : 
 Sir : I desire to have specially exchanged Captain B. E. Ewers, of the 
 100th Ohio volunteers. He is now suffering with the chronic diarrhoea, with a 
 predisposition to phthisis. He will probably not live; and if able to come, please 
 send him, and 1 will account for him. 
 
 I have the honor to be, very respectfully, tSirc, 
 
 BENJ. U. BUTLEK, 
 Major Genera^, Comtnanding. 
 
 Headquarters Dep't of Virginia and North Carolina, 
 
 Fort Monroe, Va., December 25, 1863. 
 Hon. RoBT. Ould, Commissioner of Exchange of the Confederate Authorities : 
 Sir : Major Joseph Cushing Edwards, 32d Missouri volunteers, was, about the 
 14th of December, on picket duty, eight miles from Warrenton. and is sup- 
 
EXCHANGE OF PRISONERS. 97 
 
 posed to have boon capturod or killed by the confederate soldiers. I wish vou 
 to ascertain where he is, or what has become of him, for the sake of his father, 
 who is a personal friend of mine. 
 
 I have the honor to be, very respectfullv, your obedient servant, 
 
 JBEXJ. F. BU I LER, 
 Major General, Command ivg. 
 
 Headquarters Dep't of Vrigima and Xorth Carolina, 
 
 Fort Monroe, Va., December 25, 1863. 
 Hon. RonT.OiLD, Commissioner of Exchange of tlie Confederate Authorities: 
 
 Sir: I take leave to send yon enclosed an extract furnished me by General 
 Hitchcock from the statement of Surgeon Forrester, oth Kentucky cavalry, in 
 regard to Captain Mackey. 
 
 If that statement is correct, I know that you will see to it that proper pro- 
 ceedings are had, either to procure for Captain Mackey a trial, or promote his 
 release. 
 
 May I ask a favorable reply, stating your action in the premises. 
 I have the honor to be, verv respectfully, your obedient servant. 
 
 BEN J. F. BUTLER, 
 Major General, Commanding. 
 
 Office Com.missarv General of Prisoners, 
 
 Washington, D. C, December 29, 1863. 
 
 General : I have the honor to enclose herewith a letter, referred by Mr. Ould, 
 From medical officers recently held at Fort McHenry as prisoners of war, com- 
 plaining of the treatment they received while at the fort. 
 
 I have indorsed upon it a reply to such of their complaints as are of any con- 
 sequence, though I have great doubt of the propriety of taking any notice of 
 nich a paper. Mr. Ould has forwarded several such complaints, some of them 
 being mere tissues of untruths, all of which have been satisfactoriW answered, 
 and he has no right to expect that they shall be further noticed. I respectfully 
 refer this case to you for such action as you may deem proper. 
 Very respuctfullv, your obedient servant, 
 
 W. HOFFMAN, 
 Col. 3d Infantry, ('om'y Gcn'l Prisoners. 
 Major General B. F. Bltler, 
 
 ComW for Exchange of Prisoners, Fort Monroe, T a. 
 
 War Department, Washington, December 31, 1863. 
 Sir : The Secretary of "War directs me to acknowledge the receipt of your 
 'omuiunication of the 27th instant, and to express his gratification at the satis- 
 "actory condition of affairs at Point liookout. 
 
 The measures which you have adopted and propose to adopt, as stated in that 
 communication, are approved by the Secretary. 
 Very respectfullv, vour obedient servant, 
 
 ED. R. S. CANBY, Brig. Gen., A. A. G. 
 Major General B. F. Bitlek, 
 
 Com'dg Dep't (f Va. and X. C, ISth Army Corps, Fort Monroe, Va. 
 
 H. Ex. Doc. 32 7 
 
98 EXCHANGE OF PRISONERS. 
 
 War Department, Washington, December 31, 1S63. 
 Sir : The Secretary of War directs that you instruct the officers in commanci 
 at Camp Doughis, Fort Dehiware, and Point Lookout, to turn over to the officers 
 tiiat may be designated by the Secretary of the Navy such of tlie prisoners ol 
 war under their charge as will take the oath of allegiance and enlist in the navy 
 of the United States. 
 
 A weekly report of the men so transferred will be transmitted for the informa- 
 tion of the Secretary of War. 
 
 Very respectfully, your obedient servant, 
 
 ED. R. S. CANBY, Brig. Gen., A. A G. 
 Col. William Hoffman, 
 
 Com'y General of Prisoners, Washington, D. C. 
 
 Executive Mansion, Washington, January 2, 1SG4. 
 Sir : The Secretary of War and myself have concluded to discharge, of the 
 prisoners at Point Lookout, the following classes : 
 
 1st. Those who will take the oath prescribed in the proclamation of Decemi 
 ber y, and, by the consent of General Marston, will enlist in our service. 
 
 2d. Those who will take the oath and be discharged, and whose homes lie 
 safely within our military lines. 
 
 I send by Mr. Hay this letter and a blank book and some other blanks, the 
 way of using which I propose for him to explain verbally better than 1 can in 
 writing. 
 
 Yours, very truly, 
 
 A. LINCOLN. 
 Major General Bi tler. 
 
 Office Commissioner for Exchange, 
 
 Fortress Monroe, January 9, iSGl. 
 Sir : Be so kind as to inform me of the whereabouts and present conditior 
 of John W. Burns, company H, 12th Massachusetts volunteers, who was taker 
 prisoner on the 11th of October, 1863, and is at present supposed to be ir- 
 itichmond, Virginia. 
 
 1 am, sir, very respectfully, your obedient servant, 
 
 BENJAMIN F. BUTLER, 
 Major General and Commissioner for Exchange. 
 Hon. Robert Ould, 
 
 Confederate Agent for Exchange, Richmond, Va. 
 
 Office Commissioner for Exchange, 
 
 Fortress Monroe, Va., January 9, 1864. 
 Sir : Will you please give me such information as you may be able to obtaic 
 concerning Captain John McDowell, 77th Pennsylvania volunteers, captured a1 
 the battle of CiiicUamauga. 
 
 1 am, sir, very respectfully, your obedient servant, 
 
 BENJAMIN F. BUTLER, 
 Major General and Commissioner for Exchange. 
 Hon. Robert Oild, 
 
 Confederate Agent for Exchange, Irichmond, Va. 
 
EXCHANGE OF PRISFNERS. 99 
 
 Office Commissioner of Exchan(5e, 
 
 Fortress Monroe, Va., January 12, 18G4. 
 Sir : Will you be so kind as to furnish nie all the information j'ou may bo 
 able to obtain concerning William Nelson, now supposed to be a prisoner in 
 your hands. 
 
 1 am, sir, very respectfully, your obedient servant, 
 
 BENJAMIN F. BUTLER, 
 Major General and Commissioner oj' Exchange. 
 Hon. Robert Ould, 
 
 Confederate Ageiit of Exchang ', Richmond, Va. 
 
 [When returned, to be sent to Hon. A. G. Curtin.J 
 
 Office Commissioner for Exchange, 
 
 Fortress Monroe, Va., January 12, 1864. 
 Sir: Be so kind as to communicate to me any knowledge you may have con- 
 erning a prisoner in your hands named John M. Coleman. He was taken 
 about the 28th day of April, 1863. 
 
 1 am, sir, very respectfully, your obedient servant, 
 
 BENJAMIN F. BUTLER, 
 Major General and Commissioner for Exchange. 
 Hon. Robert Ould, 
 
 Confederate Agent for Exchange, Richmond, Va. 
 
 Headquarters Dep't Virginia and North Carolina, 
 
 Fortress Monroe, Va., January 12, 1864. 
 Sir : Enclosed please find receipt rolls and certificate of thirteen men claim- 
 ng to be master, miistor's mate, and seamen in the Confederate States navy, 
 aptured at Accomac, Virginia, who were said to be in irons at Fort McHenry, 
 nd because of whose confinement certain officers and sailors of the United 
 states navy, in the hands of your authorities, were put in irons in retaliation, 
 t will be seen in the certificate that they have been received by me at Fort 
 Norfolk, and are therein treated as prisoners of war, and are not in irons. One 
 f the men captured at the same time made his escape from Fort McHenry. 
 
 I need not call your attention to the necessity of striking off the irons from 
 bese men whom you hold thus in n^taliation. Please advise me that it is so 
 one, that I may inform the friends of the prisoners. 
 
 1 have the honor to be, very respeclfiilly, your obedient servant, 
 
 BENJAMIN F. BUTLER, 
 Major General Cornmanding, and Commissioner for Exchange. 
 Hon. Robert Ould, 
 
 Commissioner of Exchange, Richmond, Va. 
 
 Headquarters Dep't ViRtiiNiA and North Carolina, 
 
 Fortress Monroe, Va, January 12 1864. 
 
 Sir: It is desirable that a list of all the prisoners held by either belligerents, 
 'hether officers or soldiers, should be furnished to each office of exchange, and 
 Iso a list of all who have died on either side while held as prisoners of war. 
 
100 EXCHANGE OF PRISONERS. 
 
 It is also desirable that an arrangement pliould be made by wliicli monthly 
 lists should be furnished as soon as practicable, up to tlie first of each month, of 
 the persons captured and who have died on both sides. 
 
 I am prepared to send forward a list up to t'oe first day of December, 1863, 
 and to continue so to furnish, upon condition that you will do the same, monthly 
 list of prisoners and deaths, as above suggested. 
 
 I beg to call your attention that your lists already furnished contain the 
 names of only some one hundred and twenty-three deaths. AVould we could 
 hope that list is correct, but it is impossible. 
 
 Please see to it, if this arrangement is made, that we have accurate lists of 
 all the deaths in all the prisons and prison-camps whei'iin our officers or men 
 are held by your authorities, and on our part it is stipulated that the utmost 
 pains shall be taken to make like accurate lists of the officers and men, both 
 living and dead, who are and have been held by us. J 
 
 1 have the honor to be, very respectfully, your obedient servant, 1 
 
 BENJAMIN F. BUTLER, j 
 
 Major General and Commissioner of Exchange, i 
 Hon. Robert Ould, 
 
 Commissioner for Exchange, Richynond, Va. 
 
 Headquarters Dep't of Virginia and North Carolina, 
 
 Fort Monroe, Va., January 12, 1864 
 Sir: In compliance with previous arrangements, fifteen civilians are sent up 
 for exchange for a like number of civilians held as prisoners by your authorities 
 Please receive them, and return the men for whom they are sent forward. 
 I have the honor to be, verv respectfully, your obedient servant, 
 
 BENJAMIN F. BUTLER, 
 Maj. Gen. Com\lg, and Commissioner for Exchange. 
 Hon. Robert Ould, 
 
 Commissioner of Exchange, Richmond, Va. 
 
 Headquarters Dep't of Virginia and North Carolina, 
 
 Fort Monroe, Va., January 12, 1864. 
 
 Sir : It is reported that you have stipulated, if evidence is produced that thi 
 officers and crew of the steamers Emily and Arrow, captured about May 5, 1863 
 were in the employ of the quartermaster's department when captured, the officer 
 and men can be released from close confinement, in which we are informed the] 
 are, and treated as other prisoners of war. 
 
 1 enclose the evidence of the fact for your information, and respectfully as] 
 that you will inform me if the officers and crews of such boats can or are to b 
 treated as prisoners of war. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJAMIN F. BUTLER, 
 Maj. den. Com'dg, and Commissioner of Exchange. 
 Hon. Robert Ould, 
 
 Commissioner of Exchange, Richmond, Va. 
 
 Headquarters Dep't of Virginia and North Carolina, 
 
 Fort Monroe, Va , .January 12, 1864. 
 Sir : Your note addressed to Major CTcneral Hitchcock in relation to the aj 
 pointment by the government of the United States of a commissioner of exchang 
 
EXCHANGE OF PRISONERS. 101 
 
 is returned. This government claims and exercises the power of appointing its 
 own agents to represent its interest, irrespective ot" any supposed sanction by the 
 confederate autliorities. 
 
 No right of dechiration of outlawry by those authorities of any officer or soldier 
 of the United States can be admitted, or for a moment regarded by the govern- 
 ment of the United States, as it certainly will not be by the persons upon whom 
 such intimidations is attempted. 
 
 I am instructed to renew the offer, leaving all other questions in abeyance, to 
 exchange man for man, and ofHcer for officer of equal rank, actually held in cus- 
 tody by either party, until all prisoners of war so held are thus exchanged. I take 
 leave to express the hope, from humane considerations to those confined as pris- 
 oners of war on either side, that this offi-r will be accepted. 
 
 I am further instructed to inform you that, unless the flag of truce sent forward 
 under the sanction of the commanding general of this department is recognized 
 and respected by your authorities, all further communication between this gov- 
 ernment and the confederate authorities by flag of truce must cease, however 
 much the loss of its ameliorating influences upon the rigors of what ought to be 
 a civilized warfare is to be regretted ; but the responsibility of such determination 
 must be left with those whom you i-epresent. 
 
 I have the honor to be, veiy respectfully, your obedient servant, 
 
 BENJAMIN F. BUTLER, 
 3IaJ. Gen. Coni'dg, and Commissioner of Exchange. 
 
 Hon. Robert Oild, 
 
 Co/nmissio/icr ff Exchange, Richmond, Va. 
 
 Office Commissioner of Exchange, 
 
 Fort Monroe, Va., January 13, 1864. 
 
 Sir: I am instructed by the President to send forward Henry "Warfield, who 
 proposes to effect a special exchange between Brigadier General Trimble and 
 Major AV'hite. This, of course, will be independent of all other questions be- 
 tween these governments. 
 
 1 have the honor to be, very respectfully, tfec, 
 
 BENJAMIN F. BUTLER, 
 Major General, and Commissioner of Exchange. 
 Hon. Robert Ould, 
 
 Agent (f Exchange, Richmond, Va. 
 
 War Department, Adjutant General's Office, 
 
 Washington, D. C, January 20, 1864. 
 
 Sir: a paper was sent Brigadier General Meredith, commissioner of ex- 
 change, on the 9th of December, 1863, for report iu relation to the case of Mrs. 
 Henrietta Boate, whose husband, Edward W. Boate, company K, 42d New York 
 volunteers, is a prisoner at Belle Isle, Virginia, and said to be in a dying state. 
 Your attention is invited to this case to ascertain the latest information re- 
 specting this soldier, and to report the same to this department. 
 1 am, sir, very respectfully, your obedient servant, 
 
 E. D. TOWNSr^ND, 
 Assistant Adjutant General. 
 Major General B. F. Bitler, 
 
 Commanding Department (if \i ginia and 
 
 North Carolina, Fortress Monroe, Virginia. 
 
102 EXCHANGE OF PRISONERS. 
 
 Office Commissioner of Exchangk, 
 
 Fo7-t Monroe, Va., January 25, 18G4 
 
 Sir: Will you please gWe me what information you can concerning the 
 whereabouts of Thomas H. Pendleton, company E, 85th Illinois volunteers, 
 captured at the battle of Chickamauoja. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Moj. Gen. Com., and Coj?i. of Exchange. 
 Hon. Robert Ould, 
 
 Agent for Exchange, Richmond, Va. 
 
 Office Commissioner of Exchange, 
 
 Fort Monroe, I a., January 25, 1864. 
 
 Sir: I have the honor to return the accompanying papers for more definite 
 information as to the whereabouts of the parties inquired for, as the indorse- 
 ment merely states that they are not in prison in Richmond, which is but a 
 vague reply to send to their surviving and anxious friends. I trust you will 
 endeavor more fully to inform me where these men are, if in the hands of your 
 authorities. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. E. BUTLER, 
 Maj. Gen. Com., and Com. (>f E.cchange. 
 Hon. Robert Ould, 
 
 Agent for Exchange, Richmond, Va. 
 
 Office Commissioner of Exchange, 
 
 Fort Monroe, To., January 25, 1864. 
 
 Sir : "Will you please give me what information you can concerning the 
 present condition of Nicholas H. Thompson, company A, 13th Ohio regulars, 
 and Calvin W. Hudson, company D, 65th Ohio volunteer infantry, prisoners of 
 war in Richmond. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Maj. Gen. Com., and Com. of Exchange. 
 Hon. Robert Oild, 
 
 Agent for Exchange, Richmond, Va. 
 
 Confederate States of America, 
 War Department, Richmond, Va., January 21, 1864. 
 Sir: All of the deliveries at City Point have been mutually declared ex- 
 changed up to September 1, 1863. Since that date there have been several 
 deliveries, the number on each side generally corresponding. If there is any 
 excess it is in our deliveries. 
 
 On the 1st of February I shall declare all officers and soldiers who have 
 been delivered at City Point at any time to January 1, 1864, exchanged. 
 You can make a similar notice as to those who have been delivered to you. 
 Respectfully, your obedient servant, 
 
 RO. OULD, 
 
 Agent for Exchange. 
 Major General E. A. Hitchcock, 
 
 Agent for Exchange. 
 
EXCHANGE OF PRISONERS. 103 
 
 ITeadquartrrs 18th Armv Corps, 
 
 DePART.MKNT of ViRGhMA AX1> NoRTH CAROLINA, 
 
 Fdit Mar/roc, January 30, 1864. 
 Sir : Will yonr autliorities make a sjiccial exchange of Lieutenant James M- 
 Halloway, cnnipany M, 71st regiment Indiana volunteers, (6th cavalry,) taken 
 near Knoxville, fur any lieutenant of like rank which we hold? 
 
 If so, send down Halloway and name your man, and he shall be returned, 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BUTLER, 
 Major General and Commissiotier fur Exchange. 
 Hon. Robert Ould, 
 
 Co nj"! derate Commissioner for Exchange. 
 
 Heapquartrrs Dep't of Virginia a\d North Carolina, 
 
 Fort Mtrnroe, Va., February 1, 1864. 
 General : I have treated the papers that you speak of in your letter of the 
 23d rather as thi' debris of the exchange business, which was to be passed 
 through informally. At present 1 am awaiting an answer to my proposition 
 from ^L". Ould, having had no official answer in regard to matters arising be- 
 fore I took charge. We stand in this way: As commissioner of exchange I send 
 forward such inquiries and formal papers as are necessary, in the course of 
 business. Commissioner Ould has returned answers by formal indorsements. 
 
 I thank you for your courtesy, and will only add, that I am endeavoring so 
 to manage this business as to avoid any personal collision; to maintain my per- 
 sonal respect, and the honor of the government. 
 
 I don't mean to mak(,' difficulties about personal matters. When a diffin-ence 
 arises it will bi; a perfectly distinct one, which will justify me in taking the 
 issue. If you will have the kindness to forward me the papers mentioned in 
 your note, I will see the propm- disposition made of them. They were sent to 
 you while I was absent in the course of office business. 
 
 I have tlie honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Major General Commanding, 
 Major C4eneral Hitchiock, 
 
 Commissioner iif Exchange, Washington, D. C. 
 
 HEADUt'ARTERS Dep'T OF VIRGINIA ANP NoRTH CAROLINA, 
 
 Fort Mon>-oc Va., February 1, 1864. 
 Colonel : Will you have sent me, among the first officers forwai'ded, Am- 
 brose R. Woodruff, second lieutenant of Thomas J. Kilpatrick's company. Nel- 
 son's brigade light artillery, Ewell's corps, of northern Virginia? 
 I want him for special exchange. 
 
 I have the honor to be, verv respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Major General Com?}ianding. 
 Colonel C. W, Hoffman, 
 
 Co7nmissary General of Prisoners, WasJiington, D. C. 
 
104 EXCHANGE OF PRISONERS.- 
 
 IIeadquarters 18th Ari\iy Corps, 
 Departmknt of Viroima and North Carolina, 
 
 Fort Monroe, February 2, 1864. 
 
 Sir : In obedience to your telegram I enclose the "correspondence between 
 the United States authorities and the rebel authorities on the exchange of pris- 
 oners and the different propositions connected with that subject," so far as they 
 have come from my oflfice. 
 
 3Iy reports and letters of instruction you have in the office at Washington. 
 I have the honor to be, very respectfully, 
 
 BENJ. F. BUTLER, 
 Major General Commandivg. 
 Hon. E. M. Stanton, 
 
 Secretary of War. 
 
 Major General Butler to Robert Ould, December 7, 1863. 
 
 Major General Butler to Robert Ould, December 25, 1863. 
 
 Major General Hitchcock to Major General Butler, December 17, 1863. 
 
 Major General Butler to Robert Ould, December 2b, 1863. 
 
 Major General Butler to Robert Ould, December 2b, 1863. 
 
 Robert Ould to Major Mulford, December 27, 1863. 
 
 Robert Ould to Major General Hitchcock, December 27, 1863. 
 
 Major General Butler to Robert Ould, January 12, 1864. 
 
 Major General Butler to Robert Ould, December 25, 1863. 
 
 Major General Butler to Robert Ould, December 2ii, 1863. 
 
 Major General Butler to Robert Ould, January 12, 1864. 
 
 Major General Butler to Robert Ould, January 12, 1864. 
 
 Major General Butler to Robert Ould, January 12, 1864. 
 
 Major General Butler to Robert Ould, January 12, 1864. 
 
 Robert Ould to Major General Butler, December 9, 1863. 
 
 Office Commissary General of Prisoners, 
 
 Washington, D. C, February 2, 1864. 
 
 Colonel : By direction of his excellency the President, you will please 
 forward Lieutenant T. J. Hall, adjutant 37th Virginia cavalry, a prisoner of 
 win- at Fort McHenry, to Fort Monroe, where he will be delivered to Major 
 General Butler, commissioner for exchange. Mr. J. W. Mountfort, military 
 agent for Indiana, will take charge of Lieutenant Hall. 
 Very respectfully, your obedient servant, 
 
 W. HOFFMAN, 
 Colonel 3d Infantry, Com. Gen. of Frit oners. 
 Colonel P. A. Porter, 
 
 Commanding Fort McHcriry, Balti7nore, Md. 
 
 Headq'rs Dep't Va. and N. C, Office Comm'r for Exchange, 
 
 Fort Monroe, Va, February 2, 1864. • 
 Sir : The commanding general directs me to request that you will inform him 
 on what grounds Surgeon Wright, of the rebel army, is detained in prison at 
 St. Louis. 
 
 I am, sir, very respectfully, your obedient servant, 
 
 A. F. PUFFER, 
 Captain and Aide-de-Ca?nj>. 
 Colonel W. Hoffman, 
 
 Com?nissary General of Prisoners, Washington, D. C. 
 
EXCHANGE OF PRISONERS. 105 
 
 [Indorsement.] 
 
 Office Commissary General of Prisoners, 
 
 WasJrhigton, Fehrvary 9, 1S64. 
 Respectfully returned to M;ijor General B. F. Butler, commissioner for ex- 
 change. W. S. Wriglit, surgeon Mitchell's regiment, was captured in St. Louis 
 county, Missouri, February 11, 1863 ; was transferred from St. Louis to Alton 
 June 6, 1863 ; sentenced to be shot to death at such time and place as the 
 major general commanding department of the Missouri may direct. General 
 Order 39, department of the Missouri, 
 
 W. HOFFMAN, 
 Colonel Sd Infantry, Cum. Gen. of Prisoners. 
 
 Headquarters Dep't of Vircjinia and North Carolina, 
 
 Fortress Monroe, Va., Fehrvary 3, 1864. 
 
 Colonel : Please have Oliver J. Baum, a prisoner at Fort Delaware, who 
 claims to be a deserter from the southern army, sent to me. 
 
 I have the honor to be, very res^iectfully, your obedient servant, 
 
 HENJ. F. BUTLER, 
 Major General Commanding. 
 Colonel Hoffman, 
 
 Commissary General of Prisoners. 
 
 Headquarters Department Virginia and North Carolina, 
 
 Fort M'/nroe, Va, February 4, 186 4. 
 
 Sir; 1 have already forwarded a captain in exchange for Captain William 
 
 H. Irving, so that everybody delivered to us prior to the 20th of January has 
 
 been duly exchanged, and there is no reason why the declaration should not be 
 
 made. Please answer what are the objections to the declarations of exchange. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJAMIN F. BUTLER, 
 
 Major General Commanding. 
 Major General E. A. Hitchcock, 
 
 Commissioner of Exchange. 
 
 Office Commissioner for Exchange, 
 
 Fort Monroe, Va., February 4, 1864. 
 Sir: T have the honor to inform you that the proposal to exchange Colonel 
 Powell for Colonel Lee is accepted, and the latter has been ordered from John- 
 son's island and will be reported to you as soon as possible. He will be deliv- 
 ered at City Point for Colonel Powell, who is already here. 
 I have the honor to be, very respectfully, &c., 
 
 BENJ. F. BUTLER, 
 Major General and Comm't for Exchange. 
 Hon. Robert Ould, 
 
 Agent for Exchange, Rich/nond, Va. 
 
106 exchaxgp: of prisoners. 
 
 Office Commissioner for Exchange, 
 
 Fort Monroe, Va., Fchruary 4, 1S64. 
 Sir: I have the honor to request that you will exchange Mr. H. Cowdry, a 
 citizen prisoner at ('astle Thunder, for one of the four citizen prisoners which I 
 send by flag of truce. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Maj. Gen. Coni'dg and Comm'r for E> change. 
 Hon. Robert Ould, 
 
 Agent for Exchange, Richmond , Va. 
 
 Office Commissioner for Exchange, 
 
 Furt Monroe, Va., February 4, 1864. 
 Sir: Charles Kirk is held as a prisoner at McLean barracks, Cincinnati, and 
 may be offered in exchange for any newspaper reporter held as a prisoner by 
 your authorities. It has been intimated that he may be received for Solomon 
 Buckley, a correspondent of the New York Herald. 
 I have the honor to be, very respectfully, &c., 
 
 BENJ. F. BUTLER, 
 Major General and Commrfor Exchange. 
 Hon. Robert Ould, 
 
 Agent for Exchange, B.ichmond, Va. 
 
 Office Commissioner for Exchange, 
 
 Fort Monroe, Va., February 4, 18G4. 
 
 Sir : Will you please give me what information you can concerning the 
 whereabouts and present condition of private Peter Conway, 1st Virginia regi- 
 ment, ca])tured September 11, 1863. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Major Ge7icral and Comrn'r for Exchange. 
 Hon. Robert Ould, 
 
 Agent for Exchange, Richmond, Va. 
 
 Office Commissioner for Exchange, 
 
 Fort Monroe, Va., February 4, 1864. 
 
 Sir: Will you please inform me if the body of Charles Sanders, company I, 
 )th Indiana regiment, who died at B.lle island, can be recovered. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Major General and Commr for Exchange. 
 Hon. Robert Ould, 
 
 Agent for Exchange, Richmond, Va. 
 
 Office Commissioner for Exchange, 
 
 Fort Monroe, Va., February 4, 1864. 
 Sir : Will you please inform me as to the whereabouts and condition of Edward 
 H. Kitel, company C, 5th New York cavalry. 
 
 I have the honor to be, veiy respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Major General and Comm'r for Exchange. 
 Hon. Robert Ould, 
 
 Agent for Exchange, Richmond, Va. 
 
aXCHANGE OF PRISONERS. 107 
 
 Headquarters Dep't of Viri.ima and Xorth Carolnia, 
 
 Fort Monroe, Va., Februarif 4, 1864. 
 
 Sir: David "Wood, esq., comes to me with an open letter to General Lee, and 
 claims that he has some private and personal business with the }2;eneral. 
 
 I have taken his parole not to make any disclosure that will be injurious to 
 the United States, and have permitted him to g;o to City Point. 
 
 I believe ^Ir. Wood to be loyal to the United States, but I have no acquaint- 
 ance with him ; you can let him go forward or not. I have no interest in the 
 matter. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BEN.T. F. BUTLER, 
 Major General and CommW for Exchange. 
 Hon. Robert Ould, 
 
 Confederate Commissioner for Exchange. 
 
 Office Commissioner for Exchange, 
 
 Fort Monroe, Va., February 4, 1864. 
 Sir : I have the honor to call your attention to the case of Thomas Hill, a 
 citizen of the United States. He was living in West Union, Doddridge county, 
 AW'st Virginia, and was captured April 30, 1863, while building bridges for 
 government use by order of General Roberts. He has been offered frequent 
 paroles of Richmond by the confederate authorities, but has refused them. He 
 will accept no protection but that of the United States government; he is now 
 liable to conscription by the confederate government, and is not a subject for 
 exchange. 
 
 This government is willing to exchange a confederate citizen for him ; if you 
 should not accede to these terms, why should we not imprison a confederate 
 citizen as hostage for him ? 
 
 I have the honor to be, very respectfullv, vour obedient servant, 
 
 BEN J. F. BUTLER, 
 Major General and Cormn^r for Exchange. 
 Hon. Rohert Ould, 
 
 Agent for Exchange, Uichmond, Va. 
 
 Headquarters, Dep't of Virginia and Xorth Carolina, 
 
 Fort Monroe, Va., Fehruary 4, 1864. 
 
 Sir : I send Mr. Thomas Ritchie, a surgeon captured at Brandon, and his 
 two overseers. 
 
 I do not ask any exchange for jMr. Ritchie, because I think he comes fairly 
 within the sj)irit that surgeons shall be exchanged. 
 
 For the two citizens, overseers, who go with him, I desire that you would send 
 me some citizens whom you hold of ours. 
 
 I have the honor to be, very respectfully, &:c. 
 
 BEX.T. F. BUTLER, 
 Major General and Comvt r for Exchange. 
 Hon. Robert Ould, 
 
 Confederate Commissioner for Exchange. 
 
108 EXCHANGE OF PRISONERS. 
 
 Office CoiviMissioNfiR for Exchange, 
 
 Fort Monroe, Va., Fehruary 4, 1864. 
 
 Sir : I have the honor to request that you will give permission to Mrs. G. 
 W Latham, of Lynchburg, Va., to come north by flag of truce. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BEN J. F. BUTLER, 
 Major General and Gomm''r for Exchange. 
 Hon. Robert Ould, 
 
 Ageiii for Exchange, Richmond, Ya. 
 
 Office Commissioner of Exchange, 
 
 Fort Monroe, Va., Fehruary 4, 1864. 
 Sir : Will your authorities consent to the exchange of Lieutenant J. G. 
 Doughty, of the federal army '\ 
 
 This government is willing to give any confederate officer of equal rank in 
 exchange for him. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Major General and Com'r for Exchange. 
 Hon. Robert Ould, 
 
 Agent for Exchange, Richmond, Va. 
 
 Office of Commissary General of Prisoners, 
 
 IVashinglon, D. C., Fchrnary f), 1864. 
 
 General : I have the honor to acknowledge the receipt of your letter of the 
 1st instant, enclosing a letter addressed to a rebel prisoner and inquiring as to 
 the whereabouts of private Anderson. 
 
 The letter will be forwarded to its address, as required, but I will not be able 
 to answer the in(|uiry in relation to private Patterson iniless 1 am informed 
 whether he is a federal or rebel soldier, and his company and regiment be given, 
 with time and place of capture. 
 
 Very respectfully, your obedient servan*;, 
 
 W HOFFMAN, 
 Colonel 3d Infantry, Com. Gen. (f Prisoners. 
 Major General B. F, Butler. 
 
 Office Commissioner for Exchange, 
 
 Fort Monroe, Va., February 5, 1864. 
 
 Sir: You will please inform me Avhether Lieutenant W. R. Neff, fourth Ohio 
 volunteers, who was wounded in the head on the 20th September, 1S63, at the 
 battle of Cliickamauga, is still living and a prisoner. If he died, what disposi- 
 tion was made of his body 1 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Major General and Com'r for Excliange. 
 Hon. Robert Ould, 
 
 Agent for Exchange, Ricdimond,, Va. 
 
EXCHANGE OF PRISONERS. 109 
 
 Office Commissioner for Exchange, 
 
 Fort Monroe, Va, Frbruary 7, 1864. 
 
 Sir : Will vou please inform me if the remains of Major George W. Stangh 
 can be recovered. He was wounded and taken prisoner at the battle of Chicka- 
 mauga, and died in Libby prison. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Major General and ComW for Exchange, 
 Hon. Robert Ohld, 
 
 Agent for Exchavge, Richmond, Va. 
 
 Office Commissioner for Exchange, 
 
 Fort Monroe, Va., February 7, 1864. 
 
 Sir: I have the honor to call yovn- attention to the fact that Surgeon J. F* 
 Galloupe, seventeenth Massaclmsetts volunteers, and Assistant Surgeon R. T* 
 Baker, t\\ elfih New York cavalry, were captured at Newbern, N. , on the 1st 
 instant, and are now in the hands of your authorities. 
 
 I have therefore to request that you will cause these officers to be sent here 
 by the next tiag of truce. 
 
 1 have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Major General and Com'r for Exchange. 
 
 Hon. RoiJERT OULD, 
 
 Agent J or Exchange, Richmond, Va. 
 
 Office Commissioner for Exchange, 
 
 Fort Monroe, Va., Febtuarif 7, 1864. 
 
 Sir: Will your authorities make a special exchange of Lieutenant Creenleaf 
 Cilley, fuuitli Ohio volunteers, a prisoner of war at Libby prison? 
 
 This government is willing to give any officer of equal rank in the confed- 
 erate service for him. 
 
 1 have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Major General and Com'' r for Exchange. 
 Hon. Robert Oi'LD, 
 
 Agent fojr Exchange, Richmond, Va. 
 
 Office Commissioner for Exchange, 
 
 Fort Monroe, Va., Febrvanj 9, 18G4. 
 Sir: I have the honor to request that you will ask your authorities to make 
 the following exchanges : 
 
 Henry lV)wers, a citizen of Walker county, Georgia, for I. F. Early, a citizen 
 of Hamilton county, Tennessee. 
 
 Ilalburt Cole, a citizen of Walker county, Georgia, for J. J. Garner, a citizen 
 of Winchester, Tennessee. 
 
 Warren Durham, of Walker county, Georgia, for Isaac Sermons, a citizen of 
 Hamilton, Tennessee. 
 
 1 have the honor to be, very respectfully, your obedient servant, 
 
 i3ENJ. F. BUTLER, 
 Major General and Corner for Exchange. 
 Hon. Robert Oulu, 
 
 Agent for Exchange, Richmond, Va. 
 
no EXCHANGE OF PRISONERS. 
 
 Office of Commissary General of Prisoners, 
 
 Washington., D. C, February 11, 1864. 
 General : I have the honor to acknowledge the receipt of your letter of the 
 Bth instant, giving particulars to identify 11. Patterson, a rebel prisoner. 
 
 There was a mistake in my letter of the 5th instant in writing Patterson in- 
 stead of Anderson in the second paragraph. I knew the address of the former, 
 md forwarded the letter to liim, but I was unable to give the Avhereabouts of 
 A.uderson without having the details of his place of capture. 
 Very respectfully, your obedient servant, 
 
 W. HOFFMAN, 
 Col. 3d Infantry, Com. General of Prisoners. 
 Major General B. F. Butler, 
 
 Commissioner for Exchange, Fort Mon?oe, Va. 
 
 Office of Commissioner for Exchange, 
 
 Fort Monroe, Va., February 12, 1864. 
 
 Sir : Will your authorities make a special exchange of Captain Ralph 01m- 
 itead Ives, 10th Massachusetts regiment, captured at Warrenton, Virginia, Sep- 
 eniber 3, 1863, and now a prisoner at Salisbury, North Carolina? 
 
 This government is willing to give any confederate officer of equal rank in 
 ixchange for Captain Ives. 
 
 1 have the honor to be, very respectfully, &c., 
 
 BEN J. F. BUTLER, 
 Major General and Com'r for Exchange. 
 Hon. Robert Ould, 
 
 Agent for E.TCchangc, Richmond, Va. 
 
 Office of Commissioner for Exchange, 
 
 Fort Monroe, Va , February 12, 1864. 
 Sir : Will your authorities make a special exchange of Lieutenant E. Charles 
 'arker, 94th New York volunteers, captured at the battle of Gettysburg? 
 
 This government is willing to give any officer of equal rank in excliange for 
 lira. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BEN J. F. BUTLER, 
 Major General and Corner for Exchange 
 Hon. Robert Ould, 
 
 Agent for Exchange, Richmond, Va. 
 
 Office of Commissary General of Prisoners, 
 
 Washington, D. C, February Id, 1864. 
 
 General: By authority of the Secretary of War I have instructed the com- 
 manders of the various stations where prisoners of war are held to |)ermit no 
 rticle of food to be delivered to them. The government furnishes them with 
 n abundance to cat, and the delivery of boxes of eatables from their friends is 
 ttended with much inconvenience to commanders, creates dissatisfaction among 
 bose who receive nothing, and gives opportunity for sympathizers to show their 
 iterest in rebels. 
 
EXCHANGE OF PRISONERS. Ill 
 
 Clotliirig is limited to specified articles, which can be furnished only by near 
 relatives. 
 
 To-day I have received from General Marston a copy of a letter, addressed to 
 Mrs. Mary Il.Phinter, of Baltimore, by Colonel Shafter, chief of staff, in which, by 
 order, he informs her that he has no objection to small boxes of provisions being 
 received at Point Lookout; and I would respectfully inquire whether the system 
 indicated in Colonel Shafter's letter will be authorized, or shall the regulations 
 now in force continue to be observed? 
 
 1 have to-day ordered private Alvin J, Banen, company I, 32d Virginia, to 
 be sent to Fort Monroe to report to you. 
 
 I am, general, very respectfully, your obedient servant, 
 
 W. HOFFMAN, 
 Col. 3(1 Infantry, Com. General f>f Prisoners. 
 Major General B. F. Butler, 
 
 Co7nmisstvner Jor Exchange, Fort Monroe, Va. 
 
 OFFirCK Commissioner for Exchange, 
 Fort Monroe, Va., February 15, 1864. 
 
 Sir : It has been reported to me that Captain Edward E. Chase, 1st Rhode 
 Island cavalry, who was captured in Virginia about eight months since, and 
 until lately confined in Libby prison, has been sent along with the other com- 
 missioned oHicers, by order of your authorities, to Salisbury, North Carolina, 
 and sentenced to hard labor in the penitentiary at that place, in retaliation (it is 
 said) for the treatment of three confederate officers in Missouri. 
 
 I have therefore to request that you will at once inform me if such is the case; 
 and if it should prove true, that you will take the necessary steps to have the 
 officer relieved from such indignities, as there are no confederate officers in our 
 hands subjected to similar treatment. 
 
 1 have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Major General and Com'r for Exchange. 
 Hon. Robert Oi i-d. 
 
 Agent for Exchange, Richmond, Va. 
 
 Headquarters Dkp't Virginia and North Carolina, 
 
 Foit Monroe, Va., February 16, L864. 
 Sir: Private William J. Boyle, 1st regiment New York mounted rifles, was 
 tried and convicted for murder of the acting provost marshal in October last. 
 For humane motives the sentence was not executed, lie made his escape by 
 colluding with a sentinel about the 5th instant, and, as we learn from the papers, 
 has reaclied Richmond. As this man is a murderer, duly convicted, it is be- 
 lieved the confederate authorities will not desire to retain him, as a murderer ia 
 defined to be an enemy to all mankind. 
 
 I am willing to offer to give you any private soldier we hold of yours in ex- 
 change for Boyle. 
 
 I enclose General Orders No. 37, containing the record of Boyle's trial and 
 conviction. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Maj. Gen. U. S. Vols., Coin?tiissionerfor Exchange. 
 Hon. Robert Ould, 
 
 Commissioner for Exchange, Richmond, Va. 
 
112 EXCHANGE OF PKISONERS. 
 
 Headquarters 18th Army Corps, Dep't of Va. and N. (J. 
 
 Fortress Monroe, February 19, 1864. 
 
 Sir : Upon the matter of the declaration of exchange of prisoners I have th^ 
 honor to report that, foUivving what I believed to be the ordinary routine of th^ 
 biLsinop!:! of exchange, and in order that the equivalent of our men might be pu' 
 into the field to meet those received from us by the confederates, 1 made the 
 declaration of exchange. 
 
 It is in /jjs/ssi/nis verbis, so far as applicable with the other declarations of 
 exchange heretofore made, copies of some of which I hereunto annex in proof 
 of this assertion. 
 
 This declaration, it will be observed, only affects those men actually delivered 
 at City Point. 
 
 The confederate commissioner, acting, as I believe, under the exact provisions 
 of the cartel, has declared exchanged those who have been delivered to him up 
 to the 1st of January, as will appear by the paper hereto annexed. 
 
 I could and can see no reason why we should not declare those so delivered 
 exchanged. 
 
 I am unable to see any hidden secret or malign influence that it can have 
 npon any pending questions. I am unable to find a single good reason against 
 it. I find it exceedingly difKcult to argue a question when there seems to be 
 but one side. When, in my former note to the honorable Secretary of War, 
 I spoke of seven hundred and fifty men, I spoke of the number of individuals, 
 and not of the number reduced to privates ; and the letter of Major General 
 Hitchcock, which would seem to contravene that number, is not too ingenuous. 
 The objections made in that letter, that the declaration would have admitted 
 defence if you had extended it to a number precisely corresponding to the 
 number delivered by yourself, according to the 5th article of the cartel, sup- 
 jiosing that instrument operative, is exactly met by the case in hand, because 
 since the last declaration of exchange only special exchanges have been made 
 by delivery at City Point of man for man, equivalent for equivalent, so that 
 where the declaration of exchange states that all who have been delivered at 
 City Point up to a given time since the last declaration of exchange, it is saying 
 the precise number which have been exchanged. 
 
 To the statement in the letter of General Hitchcock, that "the declaration 
 should have set out the grounds of it," I answer, the universal practice of the 
 office has been not to do so, and this would seem to be a higher criticism on his 
 part, because I made the declaration and not himself, as it is made precisely as 
 he makes such declarations. 
 
 Again, it is said that a proper list should have been furnished of those de- 
 clared to be exchanged for announcement from the Adjutant General's ofiice for 
 the information of all concerned, and Mr. Guld should have been furnished a 
 list of those delivered to him. 
 
 To that I answer that such list has not been announced heretofore, and 
 such has not been the practice. (See General Orders No. 134, series 1862; 
 and Nos. 10, 117, and 167, series 186-3.) And as to the delivery of a list to 
 Mr. ( )uld, I answer that it has been done, and no man has been delivered to 
 him without a list, and he knows who has been delivered to him without my 
 telling him a second time, and he makes no objection on that account. 
 
 As to making the announcement by a list for the information of all con- 
 cerned, if that means the officers and men who would be returned to duty be- 
 cause of the declaration of exchange, each one of those will be likely to remember 
 what time he escaped from Libby prison and Belle island ; each one of those will 
 know whether he was delivered at City Point, and when. Therefore the an- 
 nouncement of the day prior to which all who had been delivered were exchanged 
 is sufficient. 
 
EXCHANGE OF ERISOXERS. 113 
 
 1^ I pray tlie Secretaiy to examine, as covering- this whole matter, my dcclara- 
 ition of exchange, and the copies of the General Orders heretofore annexed. 
 I I have the honor to be, very respectfnlly, your obedient servant, 
 I BEN J. ¥. BUTLER, 
 
 Major General Convnanduig. 
 Hon. E. M. Stanton, Secretary of War. 
 
 Six enclosures. 
 
 See General Orders No. 134, series 1S62. 
 
 See General Orders Nos. 10, 117, and 1G7, series 1S63. 
 
 HlCADQUARTERS Dep'T OF VIRGINIA AND NoRTH CAROLINA, 
 
 Forf Monroe, Va., Fchruarif 20, 1864. 
 
 I OlonkL: Your letter of the loth instant, in regard to furnishing boxes of 
 ' itnlilcs and clothing to prisoners, is received. In the course of negotiations 
 or the supplying uf comforts to our prisoners, this state of facts has been ob- 
 aiiii'd : 
 
 1st. That the rebel authorities receive all provisions, from whatever source, 
 lilt to the prisoners. Then, because of accusations of the late commissioner of 
 'xiliauge, General Meredith, published in the newspapers, that the pi'ovisions 
 \ I re embezzled for sustenance for General Lee's army, they refused to receive 
 my boxes either from our government or from State governments. Then, 
 Mciuse the Sanitary Commission and various benevolent individuals indulged 
 licir patriotism by labelling their boxes, " To our starving soldiers in Rich- 
 iiniid," "To our brave defenders in Libby Prison," the rebel authorities refused 
 o icceive all boxes sent to our prisoners. At my intercession, however, Mr. 
 )iild, the confederate commissioner, agreed to receive boxes from private 
 sources, /. e., from the friends and families of our prisoners. But after the five 
 uuidred prisoners were exchanged from Point Lookout, and reports that by 
 t^our order boxes of provisions and clothing were not delivered to confederate 
 Prisoners there, Mr. Ould refused, owing to a cry arising in the newspapers at 
 Richmond that he was furnishing our prisoners with their boxes, while the con- 
 federate prisoners were deprived of their boxes, to permit any boxes to be sent 
 our men under his charge, unless I would assure him that the confederate 
 Prisoners under my charge received their boxes ; and as I had long since been 
 laught the rule, " Do as you would be done by," this seemed to me eminently 
 ust ; and I therefore gave an order to General Marston that the boxes con- 
 taining nothing contraband or hurtful sent from private sources might be deliv- 
 red to the prisoners, and informed JMr. Ould, by the last flagof-truce boat, of 
 hat fjict, and received his assurance, through the assistant agent of exchange, 
 .bat the boxes sent by the friends of our prisoners should be delivered to them. 
 
 I agree fully that the delivery of packages to prisoners causes the commanders 
 )f camps a great deal of trouble. The question certainly gives me a great 
 leal; but I undergo that trouble very cheerfully, and would if it Avere twice as 
 nuch, in order that our prisoners may get even smaller alleviations for their 
 rufferings than those which they i-eceive from their friends. I have conversed 
 vith many of our prisoners on this subject, and they say that the boxes re- 
 eived from their friends have been almost a source of support to them, and 
 ,hey were complaining loudly of the confederate government because that 
 source of supply had of late been substantially cut oft". 
 
 The last number of prisoners that escaped left on Monday, and the assurance 
 hat JMr. Ould sent me was given on the same day, and they had not heard of 
 
 n. Ex. Doc. 32 S 
 
114 EXCHANGE OF TRISONERS. 
 
 the resumption of the delivery of packaj:;es ; but I have no doubt it has been 
 resumed. I agree with you fully that the rebel prisoners in our hands are 
 abundantly supplied, but I suppose that when you and I were at school, abun- 
 dantly fed, our teachers at that time hardly thought it an imputation upon their 
 feeding because we received boxes of sweetmeats and cakes from home. Par- 
 don me, but I look upon this matter, so far as the rebel prisoners are concerned, 
 pretty much in the same light. But with our soldiers in their bands, it is a 
 matter, as I am instructed, of almost entire subsistence. 
 
 In the mean time, therefore, I desire to have, and shall have, the delivery of 
 packages made in accordance with the views herein contained, unless specially 
 directed to the contrary by the Secretary of War ; for I cannot ask the con- 
 federate commissioner to deliver boxes to our prisoners from their friends, while | 
 I refuse to deliver boxes from their friends to their prisoners. Whenever the j 
 time comes for our government to retaliate upon these men for the wrongs done j 
 to our prisoners, I assure you it shall be done in a much more explicit and tell- j 
 ing manner than by withholding boxes and provisions from their prisoners sent j 
 them by their friends. In the mean time I do not permit anything to come 
 from the confederate government, or from State governments of the confederacy, 
 for the support of their prisoners ; for that would be an implied admission that 
 we were not supporting them sufficiently. And therefore when (rovernor 
 Vance, of North Carolina, forwarded, through Commissioner Ould, a draft for 
 nine thousand dollars, in favor of the governor of New York, to be by the 
 governor of New York expended for the benefit of North Carolina prisoners 
 in our hands, I retained such draft, and still do retain it, and have notified Mr. 
 <Juld nnofiicially, and shall hereafter inform him officially, if such relations ever 
 exist between us, that the United States does not select the governor of any 
 State to take care of its prisoners of war, or allow any one else to so select any 
 one of them, however much they may respect such officers in their appropriate 
 sphere ; and that if Governor Vance, or the governor of any other State, de- 
 sires to liave money expended for the benefit of prisoners, if the same privi- 
 lege is given ours, we shall have no objections to such expenditures, provided 
 it is done through the agents of the United States government, and not through 
 any correspondence between the governors of States. 
 
 I would also call your attention to what I think will be necessary to be done 
 further in this direction, to wit : that the confederate prisoners be allowed to 
 purchase such things as they may desire to wear, eat, or drink, (intoxicating 
 liquors alone excepted,) with their own money or that iui'nished them by their 
 friends. And I would like to have your views upon this subject. 
 
 I also desire to ask your attention to these views because, if they influence 
 your judgment as they have mine, I trust we shall make a uniform order to all 
 the prisoners held by us, that they shall be allowed to receive boxes from their 
 friends, and buy Avith their own money a reasonable amount of things which 
 they may need. 
 
 Awaiting" an interchange of views, I am, very respectfully, your obedient 
 servant, 
 
 BENJ. F. BUTLER, 
 Major General and Com'' r for Exchange. 
 
 Colonel W. Hoffman, 
 
 Com. General oj" Prisoners, Washington, D C. 
 
EXCHANGE OF PPtlSONERS. 115 
 
 Office Commissioner for Excha\(7e, 
 
 Fort Monroe, Va., February 24, 1S64, 
 Sir : Will you please inform me as to the wliereabouts and present condition 
 if Captain Frederick B. Daton, Company F, 14th Connecticut volunteers. He 
 vas captured on the 6th instant, in Sedgwick's advance over the Uapidan. 
 I have the honor to be, very respectfully, your obedient servant, 
 
 bp:xj. f. butler, 
 
 Major General and Com' r fur Exehange. 
 Hon. Robert Ould, 
 
 Agent for Excliange, RicJunond, Va. 
 
 Office Commissioner for ExchAiNgb, 
 
 Fort Monroe, Va., February 24, 1864. 
 
 Sir : I beg leave to enclose a letter from the father of Captain Waller, who 
 
 as been supposed by the confederate authorities to be confined in the State 
 
 rison. and for whom Captain Ives has been ordered to solitary confinement in 
 
 ons as a hostage ; you will see that the whole matter is a mistake, to which I 
 
 teg to call your attention. 
 
 Please inform me whether the irons have been removed from Ives and his 
 Issociate. 
 I Will you, imder the circumstances, exchange Ives for Waller % 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLE:?, 
 Major General and Coni'r for Exchange. 
 Hon. Robert Oulu, 
 
 Cunimissio\ier for Exchange, Richmond, Va. 
 
 Office of Commissary General of Prisoners, 
 
 WashingUm, February 25, 1864. 
 General : I have the honor to inform you that instructions have been given 
 ) the commanding general, harbor of New York, to forward to you General W. 
 1. F. Lee and Captain R. H. Tylei-, of the rebel army, prisoners of war at 
 'ort Lafayette. 
 
 I am directed by the Secretary of \\"^ar to say, that in making the exchange 
 f these two ofiicers, and a third one to be selected by yourself for General 
 <"eal Dow, Captain Sawyer and Captain Fiynn, of the federal army, now pris- 
 ners of war in Riclimond, you will please bear in mind that it is authorized 
 nly with the understanding that both ('aj)tains Flynn and Sawyer are to be 
 xchang(;d. Without this the exchange will not be made. 
 Very respectfully, your obedient servant, 
 
 W. HOFF]\rAN, 
 Co/one/ 3d Infantry, Comynissary General of Prisoners. 
 Major General B. F. Butler, 
 
 Co?n.missioner for Exchange, Fort Hfonroe, Va. 
 
 Office of Commissary General of Prisoners, 
 
 Washington, D. C, February 29, 1864. 
 General : By direction of the Secretary of War, Captain C. C. Morgan, 
 de-de-camp, a rebel prisoner in the penitentiarv at Columbus, Ohio, has been 
 
IIG EXCHANGE OF PRISONERS. 
 
 ordered to be forwarded to you at Fort IMonroe, and I am instructed by the 
 SecHitary of War to 8ay that lie will be delivered at City Point and excliauged 
 for Captain A. 11. Stanton, KJtli infantry, now on parole in New York. 
 Very respectfully, your obedient servant, 
 
 W. HOFFMAN, 
 Colonel 3d Infantry, Commissary General i>f Prisoners. 
 Major General B. F. Butlkk, J 
 
 Commissioner for Exchange, Fort Mottroe, Va. * 
 
 IIeAOQUAUTERS DeP'T of ViRGIMlA AND NORTH CAROLINA, 
 
 Fort Monroe, Va., March 1, 1S64. 
 Sir : S. I*. Bailey, William Smith, Benjamin Bridges, James K. Skenker, A. 
 J. Riddler, John W. Pugh, Granville J. Kelley, James A. Hunter, E.J. Smith, 
 A. Nichols, Edward A. Freeman, Henry Shackleford, James Harrison, and 
 George N. Davis, now paroled for exchange, in Ivichmond, may remain, 
 although the time of their parole has expired, and you may furnish such equiv- 
 alent for them as you may deem proper. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Major General and ComW for Exchange. 
 Hon. Robert Oulu, 
 
 Commissioner for Excliange. 
 
 Headquarters Dep't Virginia and North Carolina, 
 
 Office Com. for Exchange, Fort Monroe, Va, March 3, 1864. 
 
 Sir : I enclose you copies of correspondence, so far as received, between 
 General Peck and General Pickett, and instructions to General Peck from myself, 
 in regard to the execution of certain men in North Carolina enlisted in the 
 United States service. 
 
 I desire to ask your especial attention to the threat of General Pickett that 
 he will hang two men for any retaliation that may be made by General Peck 
 for the murder of men in the United States army. If that threat had been 
 made in answer to a claim that deserters from an army situated as is yours 
 were not liable to be executed upon capture if found in arms in our ranks, it 
 might have been possibly justiiied under the laws of war ; but even then the 
 question of the right of executing such persons is still worthy of careful con- 
 sideration and discussion. True, General Pickett having deserted his own flag 
 and the army of the United States on the 25th of June, 1861, Avould probably 
 know what should be the fate of a deserter found in arms against his govern- 
 ment ; but the question will be, whether he would be permitted to allow liis own 
 personal feelings to prevail in a matter of so grave importance to his brother 
 oflicers and soldiers now in our hands. 
 
 I beg you, however, to observe that this threat was in answer to a claim that 
 a negro soldier enlisted in the army of the United States, and under the protec- 
 tion of its government, should not be wantonly murdered simply because that, 
 Avhile in the field and in the course of military operations, he, in pursuance of 
 his duties as a soldier, shot a colonel of the confederate army while he was 
 
EXCHANGE OF PELSONER?. 117 
 
 building a pontoon bridge — a meritorious act on tbe part of tbe soldier, and one 
 because of which, under no rule of civilized warfare, should a hair of his head, 
 be injured. 
 
 Now, therefore, as I cannot hang anj sufficient number of General Pickett's 
 friends or relations which would be in the nature of a personal retaliation, and 
 which ought not t^ be thought of by the generals of two armies in the field, if 
 I proceed to retaliation it must be upon the soldiers and officers of the confederate 
 army that I have in my hands, as I shall most assuredly feel it my duty to do 
 unless some period is put to such acts and such threats. 
 
 It therefore becomes my duty, as commanding general of this department, to 
 call upon the confederate authorities to know if such acts and that threat are 
 sanctioned and authorized by them. I will patiently wait for a sufficient time 
 to elapse in which I can be made acquainted with the course which the con- 
 federate authorities choose to take upon this subject, and then will proceed to 
 such action as I may be advised is proper to sustain the dignity, power, and 
 justice of the government which I represent. 
 
 To avoid all misconception upon so grave a subject, involving so much 
 responsibility, I desire to say that until full explanation is had with the con- 
 federate authorities, I should not deem it my duty to execute prisoners of war 
 in retaliation for the execution of deserters from the confederate army should 
 they be found with arms in their hands, because the question should be made 
 the subject of discussion between the two belligerents. But the question which 
 I desire to submit for authoritative decision on the part of those you represent 
 is, whether a soldier of the United States who is duly enlisted and has noi 
 deserted from your army, and who has committed no act which could be con- 
 strued as crime — save acts of hostility in the field against the confederate 
 armies, whatever may be the color or complexion of thut soldier — is to be 
 regarded and treated by your authorities as a prisoner of war, and, as such, 
 entitl d to the rights and immunities of such condition. 
 
 The most ob%'ious considerations of humanity and mercy will impress, more 
 strongly than anything I could say might do, the immediate necessity of 
 placing this matter before your authorities ; and I take this method of com- 
 munication through yourself, as the most proper channel through which to 
 discuss questions relating to prisoners of war. 
 
 1 have the honor to be, very respectfullv, vour obedient servant, 
 
 " ' BEN J. F. BL'TLER, 
 Major General arcd Corrir for Exehange. 
 Hon. RoBT. OcLD, 
 
 Confederate Commuswner for ExcJiange, Richmond, Ya. 
 
 [Enclosures.] 
 
 General Peck's letter to General Pickett, of February 11, enclosing General 
 Order No. 252, War Department ; General Peck's letter to General Pickett, 
 of February 13, demanding prisoner-of-war treatment for North Carolina 
 soldiers ; General Pickett's letter to General Peck, of February 16, denying 
 that Colonel Shaw was killed by a negro, but threatening execution in such 
 case; General Pickett's letter to General Peck, of Februaiy 17, enclosing 
 names of twenty-two North Carolina soldiers executed ; General Pickett's 
 letter to General Peck, of February 27 ; General Butler's letter to General 
 Peck, of February 17, ordering flag of true* to inform General Pickett that 
 retaliation shall be enforced, but doubting the intention of General Pickett to 
 execute the North Carolina soldiers. 
 
118 EXCHANGE OF PKISONERS. 
 
 Headquarters Dep't of Virginia and North Carolina, 
 
 Office Com. for Exchavge, Fort Monroe, Va., March 3, 1864. 
 
 Sir : I enclose a letter addressed to John, Hilton who is supposed to be a 
 prisoner in the hands of yonr authorities, and respectfully request that you will 
 endeavor to have it delivered to him. He was on board the United States 
 jiunboat Tahorne, and was wounded and captured near the town of Tampa, 
 October 16, 1863. 
 
 Will you please inform me as to his whereabouts and present condition. 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F.BUTLER, 
 Major General and Com' r for ExcJiange. 
 Hon. Robert Ould, 
 
 Agent for Exchange, RicJtmond, \a. 
 
 Headquarters Dep't Virginia and North Carolina, 
 Office Cum.fojr Exchange, Fort Monroe, Va., March 3, 1864. 
 Sir : Will your authorities make a special exchange of Lieutenant Yeatman 
 Bickham, 19th United States infantry, a prisoner in Libby prison, for Captain 
 N. C. McLean, of the confederate army, prisoner at Johnson's island] 
 I have the honor to be, very respectfully, vour obedient servant, 
 
 "BENJ E.BUTLER, 
 Major General and Com. for Exchange. 
 Hon. Robert Ould, 
 
 Agent for Exchange, Richmond, V«. 
 
 Headquarters Dep't of Virginia and North Carolina, 
 
 Office Com. for Exchange, Fort Monroe, V«., March 3, 1864. 
 Sir : Will you please inform me whether S.B.Ellis, third assistant engineer, 
 late of the LTnderwriter, was wounded at the time he was taken prisoner; and if 
 not, of his whereabouts and present condition. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. E. BUTLER, 
 ISIajor General cmd Com. for Exchange. 
 Hon. Robert Ould, 
 
 Agent for Exchange, Richmond, Va. 
 
 Headquarters Dep't Virginia and North Carolina, 
 
 Office Com. fojr Exchange, Fort Monroe, Ya., March 3, 1864. 
 Sir : Will you please inform me as to the whereabouts and present condition 
 of Martin L. Nutt, 3d brigade, ambulance corps; Warren B. Persons, comjiany 
 D, 64th regiment New York volunteers ; Andrew Barmister, company D, 64th 
 iT'giment New York volunteers ; John B. McRoberts, captain, 3d Ohio volunteers ; 
 James A. Crawford, private, company B, 105th Ohio volunteers; Nathaniel 
 l\r. Parsons, on gunboat Underwriter; John Harris, lieutenant, 3d Pennsylvania 
 artillery; Jeremiah B.Towson, private, 3d Pennsylvania artillery; Hiram Vennum, 
 ])rivate, company E, 2d jMassaehusetts cavalry; John R. Johnston, private, 
 company E, 2d Ohio volunteers; Frederick A. Rew, jr., private, company A, 
 
EXCHANGE OF PRISONERS. 1 1 1) 
 
 24th "Wisconsin volunteers; Pliilo T. Washburne, 19tli ]\[aine volunteers; 
 George W. Brown, company M, 16th Illinois cavalry; Duncan V. McStewart, 
 lieutenant; and Francis B. Gary, 141st Pennsylvania volunteers. 
 
 1 have the honor to be, very respectfullv, your obedient servant, 
 
 BE N.J. V. BUTLER, 
 Major General and Com. for Exchange. 
 Hon. RonKR'i' OiLn, 
 
 Agent for Exchange, Rirhmoiul, Va. 
 
 nKAUQUARTERS Dep'T OF YlRGIMA AND NoRTH GaROLINA, 
 
 Furt Monroe, Va., March i, 18G4. 
 GoLONEL : In answer to your telegram of this morning, which I sent by mail, 
 as the telegraph at present works no taster, the cable being broken, I send you 
 the list of exchanges following : 
 
 Major A. B. Wade, 73d Indiana, for Major J. S. Joholston, 10th Georgia ; 
 Lieutenant Doughty, 53d Indiana, for Lieutenant A. K. Woodruff, Nelson's 
 battery ; Golouel D. F. Dulauey, 5th Virginia, for Golouel J. Howard Smith, 
 5th Kentucky cavalry. 
 
 Gau there be any possible objection to my declaration of exchange? All the 
 
 equivalents are serving in the confederate army against us, while we cannot make 
 
 the declaration. Please also send to Point Lookout all the prisoners at Fort 
 
 Delaware. We are amply able to take care of them, whether officers or soldiers. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 
 Major General Commandhig. 
 Colonel W. Hoffmax, 
 
 Co/n/ni,ssanj General of V nsoners, Washington, D. C. 
 
 HfcADQlARTERS DEPARTMENT OF VIRGINIA AND N. GaLOLINA. 
 
 0/ficc Com. for Exchange, Fori Monroe, Va., March 4, 1864. 
 
 Sir: In reply to your communication of February 17, informing me that 
 the Secretary of War authorizes the exchange of Gaptain A. W. Metcalf, 14th 
 New York cavalry, for Captain (jieorge V. Moody, a rebel officer at Gamp Chase, 
 Ohio, I lia\'e to inform you that Captain Metcalf has been exchanged for Cap- 
 tain Stanley, of North Carolina. 
 
 I am, sir, very respectfully, your obedient servant, 
 
 BEN.I. F. BUTLER, 
 Major General and Comm r for Exchange. 
 
 Colonel W. IIoFF.MAN, 
 
 Com. General of Prisoners, Washington, D. C. 
 
 Headquarter.s Def't of Virginia and North Carolina, 
 
 Fort Monroe, Va., March 11, 1864. 
 
 Colonel: I wish you would send to me, at Point Lookout, what privates, 
 
 jtrisoners of war, there are at Fort Delaware, and from other points, so that 
 
 we may not have to bring them, in case the exchange comes on, as I believe it 
 
 Avill. If it does, we shall want them at the rate of two thousand per week. 
 
 That would press transportation. We can accommodate twenty thousand, as 
 
120 EXCHANGE OF PRISONERS. 
 
 well as any other number, at Point Lookout. We want them there time enough 
 to liave the four questions directed by the President put to each one of them, 
 copies of which 1 enclose. Every prisoner at Point Lookout has recorded his 
 name under one of the four questions. I have nearly a regiment recruited. I 
 can get more when I get more prisoners. 1 will be prepared to receive prisoners 
 at any point where there is steamboat navigation, upon being notified. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. E. BUTLER, 
 Major General and Comni r for Exchaiige , 
 Colonel W. Hoffman, 
 
 Com. General of Prisoners, Washlngtejn, D. C. 
 
 Headquarters Dep't of Virginia and North Carolina, 
 
 OlJiee Com. for Exchange, Fort Monroe, Va., March 11, 1864. 
 Sir: Will you please send for our ofticers from distant points, Texas and ; 
 elsewliere. I hear complaints that none but officers from Richmond can be ex- 
 changed, which embarrasses our action. 
 
 I have the honor to be, very respectfully, vour obedient servant, 
 
 BENJ. E. BUTLER, 
 Major General and Co/nm'rfor Exchange. 
 Hon. Ro. OuLD, 
 
 Agent for Exchange, Richmond, Va. 
 
 Headquarters Dep't of Vir j n a and North Carolina, 
 
 Office Com. for Exchange, Fort Monroe, Va., March 11, 1804. 
 Sir : I see by a Richmond i)aper, a copy of which I send for your inf irma- 
 tion, that the officei'S who accompanied General Kilpatrick in his hite expedi- 
 tion, and were captured by your forces, have been confined in irons. 
 
 To such a report I give little credence, and before I take any action in rela- 
 tion to it I desire an authoritative confirmation from yourself. 
 
 I call you to witness that since I have had charge of the matter of exchange 
 and treatment of prisoners I have endeavored that all things should be con- 
 ducted, in this regard, upon the most humane principles of civilized warfare. I 
 therefore shall not be considered by you as making a threat when I announce 
 the determination of my government to return the promptest and severest re- 
 taliation for the treatment of those officers if 1 learn this report is possibly true. 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Major General and Co?nm'rfor Exchange. 
 Hon, Ro. Ould, 
 
 Commissioner for Exchange, Richmond, Va. 
 
 Headquarters Dep't of Virginia and North Carolina, 
 
 Office Com. for Exchange, Fort Monroe, Va., March 11, 1864. 
 Sir: I have the honor to I'equest that the body of Colonel Ulric Dahlgren, 
 late of the United States army, which we learn is buried in Richmond, be per- 
 mitted to be forwarded by flag-of-truce boat, to be delivered to his afflicted 
 father, who is waiting here to receive it. 
 
 As remains of officers have been forwarded to their friends in this manner, I 
 
EXCHANGE OF TRISONER. 121 
 
 trust this request may be granted ; specially so, because I see by the Richmond 
 papers that some circumstances of indignity and outrage accompanied the 
 death. You do not war upon the dead as these papers would imply, and would 
 it not be desirable to prevent all supposition that your authorities countenance 
 such acts, by delivering the remains to the bereaved family? Major Mulford is 
 empowered to defray any expense that may attend the remains. 
 Ilespectfully, your obedient servant, 
 
 BENJ. F. BT'TLER, 
 Mfijor General and Commr for Exchange. 
 Hon. Ro. Oi LD, 
 
 Agent for Exchange, RicJnnond, Ya. 
 
 Headquarters Dep't of Virginia and North Carolina, 
 
 Office Com. for Exchange, Fort Monroe, Va., ISIarch 11, 1864. 
 
 Sir: In reply to your communication of January 7, relative to the case of 
 "William H. Tilson, I have the honor to inform you that this man was sent to 
 Camp Parole, Annapolis, on the 1st instant. 
 
 1 have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 JMi'jor General and Coni'r for Exchange. 
 Colonel "W. Hoffman, 
 
 Commissary General of Prisoners, Washington, D. C. 
 
 Headquarters Dep't of Virginia and North Carolina, 
 
 Office Com. for Exchange, Fort Monroe, Va., March 11, 1864. 
 
 Sir : Will your authorities make a special exchange of Mr A. D. Richard- 
 son, correspondent of the New York Tribune, for James P. Hamilton, of Atlanta, 
 Georgia, a prisoner in Fort Warren '] 
 
 1 have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Major General and Corner for Excfiange. 
 Hon. Robert Ould, 
 
 Agent for Exchange, Richmond, Va. 
 
 Headquarters Dep't of Virginia and North Caroi,i\a, 
 
 Offi e Com. for Exchange, Fort Monroe, Va., March. 11, 1SG4. 
 Sir : Will you please give me any information you may have concerning Wil- 
 liam Henry Tirdall, a native of Ireland? When last heard from, in April, 1862, 
 lie had left ]\Irs. John Anderson's })lace, Clarksville, Red River county, Texas, 
 \\]{\\ the intention of returning to Ireland. 
 
 I have the honor to be, very respectfully, yours, (Jcc, 
 
 BENJ. F. BUTLER, 
 Major General and Com'r for Exchange. 
 Hon. Robert Ould, 
 
 Agent for Exchange, Richmond, Va. 
 
122 EXCHANGE OF PRISONERS. 
 
 Headquarters Dep't of Viroima and North Carolina, 
 
 OJJlce Com. for ExcJiange, Fort Mofiroe, Ya., March 18, 1864. 
 
 Sir : Will you please inform me as to the whereabouts of Francis Lowei 
 master of the schooner Julia Baker, captured while engaged in gathering oysters 
 at the mouth of James river on the 12th instant? 
 
 I have the honor to be, veiy respectfully, your obedicut servant, 
 
 BENJ. F. BUTLER, 
 Major General and Corri'rfojr Exchange. 
 Hon. Robert Ould, 
 
 Agent for Exchange, Hichviond, Va. 
 
 Headquarters Dep't of Virginia and North Carolina, 
 
 Office Com. for Exchange, Fort Monroe, Va., March 18, 1864. 
 Sir : I have the honor to inform you that the Rev. C. C. Hall, of Washing- 
 ton, D. C, goes to City Point in a few days with the body of Lieutenant Julian 
 Cummings. Will you please notify Mr. 0. C. Cummings, of Augusta, Georgia, 
 of this fact, and ask him to meet it at City Point ? 
 
 I have the honor to be, very respectfully, yours, &c., 
 
 BENJ. F. BUTLER, 
 Major General and Com' r for Exchange. 
 Hon. Robert Ould, 
 
 Agent for Exchange, Tiichmond, Va. 
 
 Headquarters Drp't of Virginia and North Carolina, 
 
 Offi'cc Com. for Exchange, Fort Monroe, Va., Alarch 18, 18G4. 
 
 Sir : Will your authorities make a special exchange of Private D. Covvles 
 company V>, lOtli Wisconsin volunteers, a prisoner of war at Danville, Virginia] 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Major General and Corn'r for Exchange. 
 Hon. Robert Ould, 
 
 Agent for Exchanjc, RicJunond, Va. 
 
 Office of Commissary Grnbral of Prisoners, 
 
 Washington, D. C, March 21, 1864. 
 
 General: I have the honor to inf(n-m you that I have directed Assistant 
 Surgeon J. E. Putnam, Confederate States army, now in Camp Chase, to be de- 
 livered to you at Fort Monroe with a view to his unconditional discharge at 
 City Point, being a non-combatant. 
 
 Very respectfully, your obedient servant, 
 
 W. HOFFMAN, 
 Col. 3d Infantry, Com. General of Prisoners. 
 Major General B. F. Butler, 
 
 Commissioner for E.zchange, Fort Monroe, Va. 
 
 War Department, 
 Washington, March 21, 1864. 
 
 Sir : The Secretary of War directs me to acknowledge the receipt, by refer- 
 ence from the commissary general of prisoners, of your communications of the 
 14th and 11th instant. In reply to your request for the transfer to Point Look- 
 out of the prisoners of war now at Fort Delaware, I am instructed to say that 
 
EXCHANGE OF PRISONERS. 123 
 
 the Secretary does not deem it expedient to approve it, from tlie fact that he con- 
 siders the last-named phice by far tlie safest of the two. With regard to 
 your suggestions for a dechxration of exchange, the Secretary does not con- 
 sider the aUeged fact that " all the equivalents are serving in the confed- 
 erate army against us, while Ave cannot make the declaration," as a sutiicient 
 reason for us to disi'egard the proper rules for the exchange of prisoners, nor does 
 he think that the proper remedy of such irregularities is to be found in follow- 
 ing Mr. Quid's example. 
 
 Very respectfully, your obedient servant, 
 
 EDWARD M. CANBY, 
 
 Brigadier General, A. A. G. 
 Major General B. F. BuTLER, 
 
 Commissioner for Exchange, Fort Mofiroe, Va. 
 
 War Department, rRovn)sT Marshal General's Office, 
 
 Washington, I). C, March 24, 1S64. 
 
 General: In reply to your application of the 20th instant, yon are hereby 
 authorized to recruit and organize a regiment at Point Lookout, Maryland, to 
 serve for three years or during the war. 
 
 'Vhii recruitment, musters, and oi-ganization must conform to the requirements 
 lit' the mustering regulations of the army. All appointments of officers will be 
 luade by the War Department, upon your recommendation. 
 
 Arms and other supplies will be furnished by the proper supply department, 
 upon your requisition. 
 
 I am, general, very respectfully, your obedient servant, 
 
 JAMES B. FllY, Provost Marshal General. 
 Major General B. E. Butler, 
 
 Commanding, i^-c, Fort Monroe, Va. 
 
 llEADaUARTERS Dep'T OF ViRfiLXIA AND NoRTH CAROLINA, 
 
 Ojjire (if Co?n. for Exchange, Fortress Monroe, Va., March 24, 1S64. 
 Sir: Will you please inform me as to the whereabouts and present condition 
 of Robei't Vernon Hurst, company B, 3Gth Indiana voliniteers ; Henry M. Col- 
 lins, 4th Iowa volunteers ; John Wise, com[)any D, 9th Indiana volunteers ; 
 William Nelson, sergeant, company 1, 10th Wisconsin volunteers ; Archibald Cook, 
 51st Illinois volunteers 1 
 
 1 have the honor to be, very respectfully, yours, &c., 
 
 BENJ. E. BUTLER, 
 Major General and Com'r of Exchange. 
 Hon. Robert Ould, 
 
 Agent for Exchange, Richmond, Va. 
 
 Headquarters Dep't of YiRGiNtA and North Carollva, 
 
 Office oj Com. for Exclian<^e, Fort Monroe, Va., March 24, 1S64. 
 Sir : Will you inform me as to the whereabouts and present condition of George 
 Henry Pendleton, executive officer of the United States steamer Montgomery, 
 and twenty-eight of the crew of that steamer, who were captured along with him, 
 bv confederate cavalry, near Georgetown, South Carolina, on the 7th of January 
 last % 
 
 I have the honor to be, very respectfully, yours, &e., 
 
 BENJ. E. BUTLER, 
 Major General and Conir fojr Exchange. 
 Hon. Robert Oild, 
 
 Agent for Exchange, Richmond, Va. 
 
124 EXCHANGE OF PKISONEES. 
 
 Headuuarters Dep'tof Virgima and Tsorth Carolina, 
 Office of Com. for Exchange, Fort Monroe, Va., March 28, 1864. 
 Sir: Will you pleaae inform me as to the wliereabouts and present condition 
 of William H. Kitcliing, who was taken prisoner while in command of a picket- 
 boat, from the United States gunboat Nipsic, on the night of the 26th of February- 
 last, near Charleston, South Carolina ? 
 
 I have the honor to be, very resnectfully, your obedient servant, 
 
 i3ENJ. F. BUTLER, 
 Major General and Co??i'r for Exchange. 
 Hon. Robert Ould, 
 
 Agent for Exchange, Richmond, Va. 
 
 Headquarters Dep't of Virginia and North Carolina. 
 
 Fort Monroe, Va., Man-h 28, 1864. 
 
 Colonel: I have the honor to call your attention to the fact that I have just 
 received a communication from General Marston, commanding at Point Lookout, 
 transmitting a copy of the proceedings of a board of officers convened at this 
 point to investigate and report the facts and circumstances connected Avith the 
 shooting of a prisoner of war named Peyton on the 20tli instant. 
 
 The board Avas convened and the original proceedings forwarded to Colonel 
 Hoffman, agreeably to an order issued by direction of the Secretary of War, 
 dated the 17th instant. It would seem that this order was issued directly to 
 General IMarstou, without having passed through these headquarters. 
 
 It would tend greatly to the regularity of business if communications to the 
 officer commanding the prisoners' camp at Point Lookout could take the usual and 
 ordinary course prescribed by the regulations of the army. If the usual course 
 had been taken in this instance, perhaps the findings of the board of inquiry 
 would have been more satisfactory. 
 
 But as I have not been noticed in the proceedings, of course I have not ex- 
 amined it. 
 
 But it seems to me that in the very delicate matter of inquiring into tlie tak- 
 ing of the life of a man, especially a prisoner of war, which rnay be misrepre- 
 sented to our rebel enemies, and lead to attempted retaliation, it should appear 
 that the facts were found by a board Avhich, like Ciiesar's wife, should be beyond 
 suspicion. 
 
 1 know I have but to callyour attention to this, which I deem an irregularity, 
 to prevent its recurrence in tlie action of so good a soldier. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BEX J. F. BUTLER, 
 Major General Commanding. 
 
 Colonel W. Hoffman, 
 
 Comfnissari/ General of Prisoners, Washington, D. G. 
 
 C. S. Steamer Roanoke, 
 Mouth of the James River, March 29, 1864. 
 Sir : I am here for the purpose of having a conference with you in relation 
 to matters connected with the delivery and exchange of prisoners. 
 Respectfully, your obedient servant, 
 
 ROBERT OULD, 
 C. S. Agent for Exchange. 
 Major General B. F. Butler, 
 
 U. S. Agentfor Exchange. 
 
EXCnAXGE OF PEISONERS. 125 
 
 Office Commissary C4enrral of Prisoners, 
 
 Washington, D. C, March 30, 1864. 
 General: Much inconyenience lias been experienced on the delivery of 
 paroled prisoners at Annapolis, ^Maryland, in consequence of the hurried manner 
 in which they have been obliged to land from the steamer. At no time has the 
 roll of prisoners delivered been called on their delivery, and the consequence 
 has been much difficulty in comparing the men with the names on the rolls. 
 
 I have, ther(!fore, the honor to request that the steamer may be ordered to 
 remain at Annapolis, Maryland, until the sick can be comfortably transferred 
 to the hospital, and a careful roll-call of the command can be made. Many false 
 names ai'c give, and without this roll it is almost impossible to detect them. 
 
 There are in this city and at Fort Delaware some five or six prisoners of war 
 more or less insane, whom it would be a relief to us to send to City Point, and 
 there are some twenty or thirty invalids at the west building hospital, in Balti- 
 more, whom it would be as well to deliver at the same point ; and if you ap- 
 prove it, I will forward them as soon as arrangements can be made for the 
 purpose. 
 
 I am, general, very respectfully, your obedient servant, 
 
 W. H. HOFF:\rAX, 
 Colonel 3d Tnfantnj, Commissary General oj' Prisoners. 
 Major General B. F. Butler, 
 
 Commissioner for Exchange. Fort Monroe, Va. 
 
 Headquarters Dep't of Virginia and North Carolina, 
 
 Fort Monroe, Va., March 31, 1SG4. 
 Sir : Please have ifajor W. Curver Hall, late of General Trimble's staff, now 
 a prisoner on Johnson's island, sent to me. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BEN J. F. BUTLER, 
 Major General and Com'r f ,r E-crhangc. 
 Colonel W. Hoffman, 
 
 Commissary General of Prisoners, Washington, I). C. 
 
 Headquarters Dep't of Virginia and North Carolina, 
 Office Com. for Exchange, Fort Monroe, Va., March 31, 1864. 
 
 Sir : Will you please inform me as to the fate of the master and crew of the 
 schooner Julia Baker, captured on the 12th instant? 
 
 1 have the honor to be, very respectfully, your obedient servant, 
 
 BEX J. F. BUTLEPt, 
 Major General and Com'rJ'or Exchange. 
 Hon. Robert Ould, 
 
 Agent for Exchange, Richmond, Va. 
 
 Headquarters Dep't of Virginia and North Carolina, 
 
 0//ice Com. for E.vchangc, Fort Monroe, Va., March 31, 1864. 
 Sir : "Will von please inform me as to the whereabouts of the captain and 
 crew of the steam-tug Titan, captured on the 5th instant at Cherrystone inlet ? 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Major General Commanding, and Com'r for Ex. 
 Hon. Robert Ould, 
 
 Agent for Exchange, Richmond, Va. 
 
126 EXCIIAIVGE OF rRISONEKS. 
 
 Memoraridinn of i^ointu discussed hcfiocen Bnij. F. Butler, United States agent 
 for exchange, and Robert Ould, Confed.eratc States agent for exchange, at a 
 corij'erc.ncc at Fortress Monroe, March 31, 1864. 
 
 United States claims that the cartel should be set aside because of the 
 leclaration of authorities of Confederate States of December 23, 1862, of Janu- 
 !iry 12, 1863, and acts of Confederate States Congress in regard to treatment of 
 :)fficcrs in command of colored troops and of their troops. 
 
 Officers and men, (not slaves,) even if serving with slaves in the United 
 States forces, shall be treatt-d as ])risoners of war. 
 
 That slaves captured shall not be treated as prisouers of war, and that a right 
 3xist», at the pleasure of the Confederate States, to return them when captured 
 to their fornKU- owners, being in the confederacy. 
 
 By slaves are meant persons held to life service by masters belonging Avithin 
 the States of Missouri, Alabama, Texas, Louisiana, Mississippi, Arkansas, 
 [xeorgia, Florida, South Carolina, North Carolina, Virginia, Tennessee and 
 Kentucky. 
 
 Confederate States claim paroles of all officers and soldiers (not citizens) cap- 
 tured and paroled by commanding officers of armies and expeditions prior to 
 July 3, 1863, as per general orders, prior to Order No. 207, and all cap- 
 ;ured and paroled by officers of armies since. 
 
 It may be granted, except as to persons in the military and naval service, 
 paroled, who could not be held and brought away, and held in continement by 
 the forces upon such expeditions. 
 
 To this it is answei-ed tliat the United States have claimed, and had allowed 
 n exchange, paroled men captured on raids like Kilpatrick's first raid, who 
 ?,ould not have been brought away by the exp(!ditionary force ; and if prac- 
 ticable, would be willing to adjust accounts in that way from the beginning, but 
 lo not believe it to be ])racticable. 
 
 It is suggested that Order No. 207 shall apply only to paroles granted after 
 I reasonable time for the order to have reached the commanding officer giving 
 :he parole, time to be judged of in each case according to his position and 
 ilistanee from Washington. 
 
 For the purpose of the cartel, who shall be held to be commanders of armies 
 n the field, a definition is suggested that, in addition to the general meaning, it 
 )U"-ht to include a commander of a besieging force and the commander of the 
 brtified jdace besieged, also to commanders of detailed forces, acting for the 
 :ime independently of headquarters, either by order or because of the necessity 
 if warlike op(!ra.tions when it is in the power of the captor to hold and bring otF 
 [lis prisoners. 
 
 It is further suggested, when the captured party is disabled or wounded, so 
 hat his transportation would endanger life or limb, then his own ])aroIe should 
 DC represented if he is released. 
 
 In other respects cartel to be carried out, and exchange and parole to go for- 
 ivard according to provisions. 
 
 In all cases of condemnation to death, imprisonment at hard labor, or confine- 
 ment in irons, except upon sentence of death, of any person in the military or 
 laval service of either belligerent, before execution of the sentence, the copy of 
 ;he records of the trial and conviction shall be submitted to the agent of ex- 
 diange of the accused party; and unless a communication of an order of retalia- 
 non within fifteen days thereafter be made to the agent of exchange furnishing 
 lie records, no retaliation for such execution or other punishment shall be 
 daimed or executed by ihe other party. 
 
EXCHANGE OF PRISONERS. 127 
 
 Office of Commissary Gexkral of Prisoners, 
 
 Wa.shington, D. C, Ajrril 2, 1864. 
 General: An application Las been sent to the Secretary of War, by liis 
 excellency Governor Brough, of Ohio, requesting that an effort be made to secure 
 the release and exchange of ^Mr. James JI. Brown, a newspaper correspondent, 
 now confined in tlie Libby prison at Richmond; and I am directed by the Sec- 
 retary of War to inform you of this application, with a view that the release of 
 Mr. Brown may be obtained whenever it may be in your power. 
 1 am, general, very respectfully, your obedient servant, 
 
 W. HOFFMAN, 
 Col. 3d Infantry, Commissary General of Prisoners. 
 Maj. Gen. B. F. Bltler, 
 
 Commissioner for Exchange, Fort Monroe, Va. 
 
 Office of Commissary General of Prisoners, 
 
 Washington, D. C, April 2, 1864. 
 
 General: I have the honor to acknowledge the receipt of your letter of the 
 2Sth instant, in reference to the proceedings of a board of officers ordered by the 
 commanding otHcer, at Point LDokout, to investigate tlie circumstances connected 
 with the shooting of a prisoner of war at that post. 
 
 The order to which you refer, directing a board to be assembled, was not is- 
 sued to meet this particular case, nor was it confined to Point Lookout. All 
 commanders of posts, where prisoners of war are confined, have been reqiiired, 
 by direction of the Secretary of War, to order a board of officers to investigate 
 any case that may occur in their respective commands of the shooting of a pris- 
 oner by a member of the guard. A board of officers, ordered from the head- 
 quarters of the department, would certainly be less likely to be influenced by 
 sympathy or bias than one composed of officers serving at the post; but as the 
 investigation is, of course, at best informal, and only with a view to ascertain 
 whether the transaction should be formally brought before a military tribunal, 
 the board, as ordered, may be considered as sufficiently reliable. 
 
 By General Orders No. 67, of June 17, 1862, the supervision of prisoners of 
 war is placed in the hands of the commissary general of prisoners, under which 
 order I have been in the habit of comninuicating directly with the commanders 
 of stations where prisoners are held ; and this has been found to be necessary to 
 save time in communicating with them, to preserve uniformity of administration, 
 and to secure a proper responsibility from the commanders. 
 
 There have been cases, and there is one now, where, to preserve the usual 
 course in communicating with a commander, a letter from this office would have 
 to pass through two or three different headquarters before reaching him ; and 
 when these headquarters are frequently changed in location and the officers in 
 command, you will readily understand how much embarrassment and delay must 
 result from the observance of the usual rule. In special cases, where it seems to 
 be necessary, I apply directly to the commander of the department for assist- 
 ance. 
 
 I am, general, very respectfully, your obedient servant, 
 
 W. HOFFMAN, 
 Col. 3d Infantry, Commissary General rf Prisoners. 
 
 Maj. Gen. B. F. Bitler, 
 
 Commissioner for Exchange, Fort Monroe, \a. 
 
128 EXCHANGE OF PRISONERS. 
 
 Headquarters Dep't of Virgima and North CAROLrNA, 
 
 Fort Monroe, Va., April 2, 1864. 
 Unless there are charges against him, will you have James P. Hambleton, of 
 Atlanta, Georgia, now confined at Fort Warren, sent to me to offer for exchange 
 for A. D. llichardson, of the Tribune? I should like to get him before Thurs- 
 day next. 
 
 BEN J. F. BUTLER, 
 Major General Commanding. 
 Colonel W. Hoffman, 
 
 Commissary General oj" Prisoners, Washington, D. C. 
 
 Office of Commissary General of Prisoners, 
 
 Washington, P. C, Aj)ril 2, 1864. 
 General: In the case of a hospital steAvard belonging to the rebel army, 
 captured in the Avest, recently presented to the Secretary of War, he directed 
 that in this particular case the party should be classed with non-combatants, and 
 should be sent beyond our lines for unconditional discharge. 
 
 The Secretary further directs that the action in this case shall be adopted as 
 a general rule, if the rebel authorities will recognize it as a rule by AAdiich they 
 will be governed ; and I have, therefore, respectfully to request you will call their 
 attention to the matter at your earliest convenience. 
 
 I am, general, very respectfully, your obedient servant, 
 
 W. HOFFMAN, 
 Col. 3d Infantry, Commissary General of Prisoners. 
 Maj. Gen. B. F. Butler, 
 
 Commissioner for ExcJiange, Fort Monroe, Va. 
 
 Headquarters Dep't of Virginia and North Carolina, 
 
 Office CoinWfor Exchange, Fort Monroe, Va., April 4, 1864. 
 
 Sir : Will your authorities make a special exchange of Lieutenant Culonel 
 James H. King, Sd Ohio volunteers, a prisoner in Libby prison. This govern- 
 ment is willing to give any confederate oificer of equal rank in exchange for him. 
 I have the honor to be, very rcsjiectfully, your obedient servant, 
 
 BEN J. F. BUTLER, 
 Major General and ConCr for Excliange. 
 Hon. Robert Ould, 
 
 Agent for Exchange, Richmond, Va. 
 
 Headquarters Dep't of Virginia and North Carolina, 
 
 Fort Monroe, Va., April 4, 1864. 
 Sir : I had an application the other day from a hospital steAA%'ird to be dis- 
 charged on the ground that he A\'as a non-combatant, following the class of 
 Burgeons. 
 
 I have ordered him to be released and sent to you, and I Avould suggest that 
 this should be made a general rule, as in the cases of surgeons and chaplains. 
 
 Please inform me whether it meets your approbation ; and if so, Ave Avill pub- 
 lish a reciprocal general order upon the subject. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Major General and Corner for Exchange. 
 Hon. Robert Ould, 
 
 Agent for Exchange, Richmond, Va. 
 
EXCHANGE OF PRISONERS. 129 
 
 Headquarters Dep't of Virotnia and North Carolina, 
 
 OJice Com. for Exchange, Fort Monroe, Va., Ajfril 4, 1864. 
 Sir : Your coimnunication in reo;ard to James K. Brown, newspaper corre- 
 spondent, lias been received. Application will be made to Commissioner Onld 
 to procure his exchange. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Jtlajor General and Corn'r for Exchange. 
 Col. W. Hoffman, 
 
 Commissary General of Prisoners, Washington, D. C. 
 
 Headquartrrs Dep't of Virginia and North Carolina, 
 
 O^ce Com. for E.a:hange, Fort Monroe, Va., Ajyril 4, 1864. 
 Sir : I have had an investigation made of the matter referred to me through 
 your otlicc before the receipt of your note, and have had the evil corrected. 
 The cajjtain of the boat New York undoubtedly occupies too much of it, but 
 no officer ever called it to notice. 
 
 1 have the honor to be, very respectfully, yours, &c., 
 
 BEXJ. F. BUTLEE, 
 ISlajor General and Corner for Exchange. 
 
 Col. W. HOFF.MAN, 
 
 Commissary General of Prisoners, Washington, D. C. 
 
 Headquarters Dep't of Virginia and North Carolina, 
 
 Office Com. for Exchange, Fort Monroe, Va., Ajrril 5, 1864. 
 Colonel : Be so kind as to forward, for the use of these headquarters, a sup- 
 ply of blank rolls of prisoners of war with and withoiit jjai'oles. 
 
 Also a copy of the list of Union prisoners of war paroled by the confederate 
 agent for exchange at Richmond on or about the 6th day of March, 1864. 
 1 have the honor to be, yours, &c., 
 
 BEXJ. F. BUTLER, 
 Major General and Com' r for Exchange. 
 Col. W. Hoffman, 
 
 Commissar y General of Prisoners, Washington, D. C. 
 
 Headquarters Dep't of Virginia and North Carolina, 
 
 Fort Monroe, Va., April 8, 1864. 
 Colonel : Jacob P. Russell, sergeant of the 9th Virginia regiment, Pickett's 
 division, and some nine months a prisoner in Fort Delaware, has loyal relations 
 living in Norfolk. I am assured that he desires to take the oath and return to 
 his allegiance, having been conscripted in the rebel army. Please send him to 
 me for examination for the purpose indicat(;d. 
 
 1 have the honor to be, very respectfully, &:c., 
 
 BEXJ. F. BUTLER, 
 Major General Commanding. 
 Col. AV. Hoffman, 
 
 Commissary General of Prisoners, Washington, D. C. 
 Ex. Doc. '32— d 
 
130 EXCHANGE OF rRISONERS. 
 
 Office of Commissary Gexkral of Pimsoxkrs, 
 
 Was/n»gfoti, D. C, Aprd «, 1864. 
 
 General: On the 29th of February I liad the honor to inform yu that 
 Captain Frank Babbles, of the rebel army, had been ordered to l)i' pbiced in 
 irons at Fort Warren, in retaliation for the confinement in irons, of Captain 
 Shade Harris, 3d East Tennessee cavalry, by the Richmond authorities. 
 
 I would respectfully inquire whether the assurance given by Mr. Oiild, that 
 there are no Union prisoners in confinement in irons at the south, covers the 
 case of Captain Harris. I will be very much obliged to you fur ;i c'-|)y of the 
 proceedings of the board of officers who investigated the com)daints innde by 
 rebel officers of the loss of their baggage while being transferred from Johnson's 
 island to Point Lookout. 
 
 I am, general, very i-espcctfully, your obedient s' rvant, 
 
 W. HOFFMAN, 
 Col. 2d J//J}ntfri/, Covunissan/ Gcnnuil Pnsi/mrs. 
 Major General B. F. Butler, 
 
 Commissioner fo?' Exduoige, Fort Monroe, i a. 
 
 Headquarters Dep't of Vfrglnia and North Carolixa, 
 
 Office Com. for Eo:r.hangc, Fort Blonroc. Va., .-'jiriJ 9. 1864. 
 Sir : Referring to your complaint thnt several men who hnd been declared 
 exclianged by an agreement of May 8, 1S63, are now in confiiienient at Alton, 
 Illinois, for breaches of their paroles from which they had bt-en released by said 
 declaration of exchange, the Secretary of War directs me to request that you 
 will forward the names of any men held at tl.'e Alton prison or elsewhere under 
 the circumstances stated. 
 
 I have the honor to be, very respectfully, your obedii'ut scrvnnt. 
 
 " BEN.l. F. BUTIFU, 
 Major General and ComWJ'or Exdiangc. 
 Hon. Robert Ould, 
 
 Agent fur Ej'cliavge, Riclonond, Va. 
 
 Headquarters Dep't of Virgima and North Carolina, 
 
 Fort Monroe, Va., April 9, 18G4. 
 
 Sir : Upon the last flag-of-truce boat, which carried up confederate jirisoners 
 in our hands, I sent up from Point Lookout some four hundred and odd |)rison- 
 ers, being all the wounded and sick confederates who were suiiiciently conva- 
 lescent to bear the voyage. 
 
 Upon the return of the boat I was informed by ]\l;ijor Jlulf )rd that the 
 CO I federate ag -nt of exchange would meet me on the Jami'S river on Wednes- 
 day, the of March. Accordingly 1 received notice fn m Admiral Lee, late 
 
 in the evening of that day, thnt a flag-of-truce boat was seeking con)munication 
 at the outer picket line of the blockading fleet at the mouth of the James river. 
 
 The same messenger brought a comnuuiication from Rubeit Ould, esc] , ngent 
 of exchange of the authorities of the belligerents at Richmond, diiccted to 
 Mfijor General Butler, agent for the exchange of prisoners on behalf of the 
 United States, signed Avith the official signature of R(d)evt Ould, ngent of 
 exchange, "Confederate States," informing me that he was then on boa.d the 
 Confederate States steamer Roanoke, and desired an interview upon the bul ject 
 of exchange. 
 
EXCHANGE OF PRISONERS. 131 
 
 Deeming this to be an official recognition of the commissioner of excba'ige of 
 1 the United States on behalf of the belligerent authorities at llichraond, and au 
 abrogation of the letter to General Hitchcock, commissioner of exchange, of the 
 date of December 27, 1863, refusing to treat with myself as commissioner of 
 j exchange on the part of the United States, I sent Major Mulford with a steamer 
 [ to officially inform Mr. Ould that I would confer with him as projjoscd, and 
 suggested, as a matter of comfort to both parties, that he should meet me with 
 his assistant at Fortress Monroe. 
 [ Owing to the darkness and storminess of the weather, he was not able to 
 I come down the river until the following day. Upon meeting, Mr. Ould 
 informed me that most of the soldiers of the United States in the hands of his 
 authorities had been sent to Americus, Ge ">rgia, for the convenience of furnish- 
 ing them with food, and for the purpose of relieving us from the temptation of 
 continual movements upon Richmond for the purpose of their liberation, and 
 that in further exchange he would desire to have these prisoners delivered to us 
 at Fort Pulaski, in the Savannah river, and iirged as a reason that it was 
 more desirable to liave them come by sea than to suffer the discomforts of 
 many hundred miles by railroad. 
 
 From ra itives of tenderness to the prisoners, and to prevent iheir b-'ing 
 broken down by ihe journey. I assentecl that, incase the exchanges went ibr- 
 ward, our government would receive tiiose prisoners at that point, although 
 the expenditure would be much heavier than at City Point; but leaving that 
 question, as well as the one whither the prisoners held by us in the west might 
 not be delivered somewhere on theJMississippi river, and thus save an expensive 
 land tiansportation, to be adjusted by iuture conference, alter other questions of 
 mon; moment were settled, we then proceeded to discuss the points of difference 
 which had arisen in the matter of exchange, and the points reduced themselves 
 to a few, which, for more convenience of relerence, were put upon a memorandum, 
 a copy of which I herewith enclose. 1 confess that excepting the first point, 
 as to persons of color, which I beg leave to discuss last, I can see no reason 
 why an agreement upon all points of difference cannot be arrived at upon just 
 and equitable terms. 
 
 In regard to paroles, the confederate commissioner claims nothing, so far as 
 I can .see, which he is not willing to concede to us, acting under the cartel and 
 our general orders, with the exception that, I believe, on both sides it should be 
 yielded, that, as well before as subsequently to Order No. 207, of July 3, 1863, 
 paroles should not be accepted by either belligerent of officers or soldiers who 
 were not so far in the power of the captor as to be taken to a place of safety, 
 and I believe this proposition will be agreed to by the confederate commissioner, 
 although, for paroles given prior to July 3, I Avas at a loss to answer the fact 
 claimed, which I suppose to be the fact that paroles of prisoners taken on raids 
 had been insisted upon on behalf of the United States, as in the case of Kilpat- 
 rick's first expedition to Richmond, and had been allowed and counted by the 
 confederate authorities. But 1 have still no doubt that that matter can be easily 
 adjusted. 
 
 The next question of difference which presented itself in discusing what 
 paroles should be allowed, was the necessity of defining what is the meaning of 
 the words "commanders of armies in the field," as used in Order No. 207 ; and 
 this was further complicated with the question when that order should be consid- 
 ered as taking effect; wliether at its date, July 3, 1863, or on the date of its 
 being notiffed to the confederate commissioner of exchange, July 8, or at some 
 other period. The practical result of the difference of opinion upon this ques- 
 tion would be this : If the "commanding officer of an army in the held" should 
 only mean the officer actually commandnig a military department, or an expedi- 
 tionary corps in a given section of country, and the order shovdd be held to take 
 [ effect July 3, the day of its date, then the confederate commissioner claims that 
 
132 EXCHANGE OF PRISONERS. 
 
 the ])aroles at Vicks^lmrg were invalid undoi* Order No. 207, whieli took effect 
 July o, as ihe surrender was July 4, by General Peiuberton, who was not "com- 
 mander of the army in the field," the commander of the d(!partment being Gen- 
 eral J()In)ston, Avho was then within a few miles, and the inmiediate superior of 
 General I'emberton, who was not negotiated with in the act of capitulation at 
 Vicksburg. Or, if it should be held that Order No. 207 took effect on July 8, 
 th(! date of its notification to the confederate commissioner, then the paroles at 
 Port Hudson would be invalid, because that surrender was on the 9tli of July 
 by Colonel Gardner, an inferior officer of the Confederate States army, in com- 
 mand of a fortified post simply, who in no ordinary sense can be deemed to be 
 a "con)mander of an army in the field," he, in fact, being at tliat time under the 
 command nf Genei'al Johnson. 
 
 And it was further claimed that ujion this point General Banks had himself 
 given a construction as to what was meant by a "commander of an army in the 
 field " by refusing to recognize the paroles of the colonel commanding at New 
 Iberia, who, being a subordinate of General I>anks, surrendered to General Dick 
 Tayloi', commanding confederate forces, and negotiated paroles of himself and 
 men without the consent of his immediate superior. General Banks, who was 
 at that time further' distant Avith the remainder of his army from New Iberia, 
 wh(a-e the surrender was effected, than was General Johnston from Port Hudson, 
 at tbe time Colonel Gardner, the commander there, negotiated the surrender of 
 that forlifi(d place with General Banks. 
 
 There niiglit be other cases cited on the part of the United States, but these 
 claims of the confederate commissioner will sufficiently illustrate the importance 
 of the question, and the necess.ty of agreeing, in case the exchange goes on, 
 upon some principle which sluiU obviate this difficulty, and therefore the 
 definition was suggested which ap[)ears upon the points discussed, to wit, that 
 in addition to the general meaning, it ought to include a commander of a be- 
 siegiiig force and the commander of the fortified place besieged, also to com- 
 manders of detached forces acting for the time independently of headquarters, 
 either by order or because of the necessities of warlike o{)eratious Avhere it is 
 in the power of the captor to hold and brijig off his prisoners. 
 
 And it was further suggested, that to cover all these cases of difficulty, both 
 on the one side and on the othei", as to the time General Order No. 207 should 
 take effect, that it should be held to take effect within a reasonable time after 
 its promulgation for the ord(!r to have reached the commanding officer giving the 
 jiaitdes, which time should be judged of according to the distance from Wash- 
 ington. And I think upon both these points an agreement upon the basis here 
 suggested may ho arrived at, so as to settle, without further debate, the capitu- 
 lation of both Vicksburg and Port Hudson, and others standing in like case. 
 In order to prevent any temptation for the ca})turing party to take along the 
 sick and wounded of the other party, who are not able to be moved, another 
 modification of (jleneral Order No. 207 was suggested, to wit, that when the 
 captured party is disa!)led so that his transportation would endanger life or limb, 
 then his own parole should be respected if he is released. 
 
 'I'o prevent the complication, which now arise by the unauthorized, sporadic, 
 and ill-judged acts of some officers holding commands in the rebel forces, I sug- 
 gested ;niolher a(hlition to the cartel, which is found as the last point of discus- 
 sion, to wit : In all cases of condemnation to death, imprisonment to hard labor, 
 or confinement in irons, except upon sentence of death, of any person in the 
 military or naval s(-ivice of either belligerent, before execution of the sentence, 
 the copy of tin; record of the trial and conviction shall be submitted to the 
 agent of exchange of tin* accused party ; and unless a communication of an order 
 of retaliation within fifteen days thereafter be made to the agent of exchange 
 f'urni.-hing the record, no retaliation for such execution or for such punishment 
 shall be claimed or executed by the other party. 
 
EXCHANGE OF PRISONERS. 133 
 
 By this contitmal necessity for retaliation because of nnautliorized acts of in- 
 dividual officers and the cruel treatment of prisoners of war by confinement in 
 irons, causelessly or without hearing, which might call for retaliation on the 
 other side, can be prevented, so that the confederate authorities and the gov( rn- 
 ' ment of the United States can both assume the responsibility of any act of this 
 sort before it is committed, aTul not be called upon after the act is done to either 
 assume, disapprove, or retaliate it. 
 
 If all the points of this discussion in the memoranda could be fully settled, 
 and the princii)le upon which paroles should be allowed on the one nide and on 
 the other could be adjusted and faithfully acted upon, I do not see why the ex- 
 change under the cartel ought not to go on. The cartel was a very hard bar- 
 gain against us, but still it is our compact, and I suppose it is to b(^ stood by; 
 the details of these ])arolep, I have no doubt, can all be perfectly and satisfactorily 
 s(>ttled up in the principle I have suggested, none being claimed or allowed on 
 either side except where officers and soldiers of known and recognized military 
 organizations shall have been captured, provided always that citizens may be 
 paroled and exchanged for citizens. This question of paroles beconus of less 
 consequence to settle in detail, because, after allowing all the paroles of the con- 
 federates claimed by them as now existing on their behalf, and allowing the 
 two thousand paroled at Vicksburg declared exchanged, which the confederate 
 commissioner claims he had a right to declare exchanged under the cartel to 
 meet an equal number of prisoners actually delivered to us at City Point, which 
 ' wc have the right to declare exchanged, there will then remain a balance of 
 j paroles in favor of the United States of some twenty-five thousand men, the 
 I confed 'rate commissioner claiming to have now in his hands only sixteen 
 thousand paroh's. 
 
 I would suggest, therefore, that, passing the first questions which I now de- 
 sire to bring to your notice, that I have authority to settle and deteimine all 
 these questions of paroles upon the basis suggested in the " jioints of discussion" 
 and in this note, because 1 think it important to get these questions out of dis- 
 cussion and out of difficulty, and settled between the confederate authorities 
 and the United States, in order that the ordy question which shall pnivent a 
 full and just carrying out of the cartel shall be very im[)ortant, one which 
 stands at the head of these points of discussion, because, while 1 do not believe 
 that the good sense of the country, the justice of the government, or humanity 
 towards our suffering brother soldiers in the confederate prisons, will permit us 
 for a moment to break off the cartel upon any difference arising fro n either of 
 these questions about paroles, number and details of paroled men, which can be 
 settled upon the basis adjusted in this note, yet I do believe that th(! dignity of 
 the government, its rights to its self-respect, and the respect of other nations, 
 require us to hold witli a hand rigid as iron the point of discussion first ])re- 
 sented, and that we shall be justified, not only by tlu; judgment of the civilized 
 world, but by the self-respect of our goviriunent, and by the consent of all 
 good men, and even by those of our sons and brothers who may suffer in prison 
 because of the stand we take, as well as by our own conscience, in refusing for 
 a moment to permit those black men whom we have made free, unif irmcd, and 
 armed, and put in our service, when captured, from being treated as slaves. 
 
 And I desire, therefore, that this point of difference between the United 
 States government and the confederate authorities shall stand out alone, as full 
 justification, if not yielded by them, for setting aside the cartel, because of u 
 gross violation of it by the confederate authorities. 
 
 It will be remembered by the declaration and proclamation of Jefferson 
 Davis, of December 23, 18G2, that all officers commanding colored troops were 
 to be delivered over to the governors of States, to be punished under their laws 
 for inciting negro insurrections, Avliich is a paraphrase for punishment by igno- 
 minious death, and that the colored soldiers so commanded were not to be 
 
134 EXCHANGE OF PRISONERS. 
 
 treated as prisoners of war, but were to be turned over to their masters to bard 
 labor as sbives, and that tbis was substantially the recommendation of Mr. 
 Davis's message to tbe confederate congress, and tbat an act was passed sub- 
 stantially in accordance with this recommendation. 
 
 Now, while it may be conceded, as a usage of civilized Avarfare, that prisoners 
 of war, necessarily supported by the capturing government, may be employed 
 by that government to labor upon public work, yet it has never been, among 
 nations making professions of Cbristianity, held that captives of war, either by 
 land or sea, could be made slaves. And it will also be remembered that the 
 United States government went to war with Tripoli and other Barbary powers 
 in 1804 to force them at the cannon's mouth to repudiate this doctrine. It will 
 be seen that the confederate commissioner, however, has so far modified his 
 claim that officers in command of colored ti-oops and free negroes, although both 
 may be serving in company with slaves as soldiers in the army of the United 
 States, are to be treated as prisoners of war, so that the question of difference 
 between us now is not one of color, because it is admitted now that free black 
 men of the loyal States are to be treated as prisoners of war. 
 
 But the claim is that every person of color who ever was a slave in the thir- 
 teen Confederate States shall not be treated as a prisoner of war, but when 
 captured are to be deemed as slaves, and may be turned over to their masters 
 as such by the confederate government. 
 
 Now, as the United States government has, by the proclamation of the 
 President, and by tbe law of Congress, manumitted all slaves that have sought 
 refuge within the lines of the Union army, and declared that they shall never 
 be returned to their masters ; and as men heretofore slaves, when duly enrolled 
 in the United States army, must be deemed and taken to be within the Union 
 lines, therefore we have no slaves in our army; and the question is, whether we 
 shall permit the belligerents opposed to us to make slaves of the free men that 
 they capture in our uniform simply because of their color ; because, upon no 
 ground of national law, so far as I am advised, can it be claimed for a moment 
 that to any slave from any State, when found within our lines, any right of 
 property can attach in behalf of his former master; because, treating the slaves 
 as property otdy, only his capture by us from a belligerent wouhl give the 
 cajjtor the right of property, the '■'jus dlsjxmendi,^^ and we have exercised that 
 right of disposition by making him free. 
 
 But su})pose we had not done so; his recapture on land by the confederate 
 forces, treating them as representatives of a government, would make the slave 
 as an article of property, the property of the government that captured him, 
 and would by no reason revert the title in the former owner. 
 
 To use an illustration which has occurred to my mind; suppose on land Ave 
 capture from the rebels a horse belonging to A; that horse, disposed of by our 
 government, is taken into the government service, and is afterwards recaptured 
 by the confederate forces; would there be any doubt that the property in the 
 animal would have been diverted from the original owner. A, by the first cap- 
 ture, and come to the United States, and then been taken from tbe United 
 Stat(!S and given to the confederate government by the second capture? 
 
 Further, to permit this Avould be a violation of the laws of some of these very 
 Confederate States. 
 
 Virginia, has emancipated her slaves by provisions Avhich no one can doubt 
 must be held according to any usage to be oj)erative Avithin the lines of the 
 United States army. JMan}^ slaves are thus made free Avho are now in our 
 army, and we cannot, of course, sutler theui to be enslaved by the fact of cap- 
 tun; b}^ tin; rebels. 
 
 1 understand this right to thus dispose of black soldiers in armies to be made 
 a "sine qua non" by the confederates, and therefore I take leave to suggest that 
 I may be instructed to settle Avith the confederate commissioner upon further 
 
EXCHANGE OF PRISONERS. 135 
 
 conference witli him all points of difference except tliis, and to declare ex- 
 changed nundjcrs equal on either side heretofore delivered and paroled, so that 
 this {)()int may be left standing out sharply alone; and in regard to it, to insist 
 that the cartel applies, as it does apply, to these colored prisoners of war, and 
 that no furtluir exchange can go on by the delivery of prisoners captured until 
 this point is yielded, with the purpose, but not with the threat, of exact retalia- 
 tion in exact kind and measure upon their men of the treatment received by 
 ours. 
 
 Awaiting instructions, I have the honor to be, very respectfully, your obe- 
 dient servant, 
 
 BEN J. F. BUTLER, 
 Major General and Corner for Exchange. 
 
 Hon. E. J\I. S TANTOiV, 
 
 i:^ cere tar y of War. 
 
 IlK/.nQUARTERS Dep'T OF VIRGINIA AND NoRTII CAROLINA. 
 
 OJJice (Join, fur Exchange, Fort Monroe, Va., April 13, 1864. 
 
 Sir: Will you please inform me in what manner, and for what purpose, is 
 Major Waldo P. Goff held as a prisoner in Richmond, Virginia? 
 
 1 have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Major General Commanding. 
 Hon. Ro. Qui, I), 
 
 Agent for Exchange, Richmond, Va. 
 
 IIkadquarters Dp^p't Virginia and North Carolina. 
 Office Com. for Exchange, Fort Monroe, RicJimond, Va., April 13, 18G4. 
 Silt: Will you please inform me in what manner Captain Ralph 0. Ives, 
 10th ^lassachusctts volunteers, is held a prisoner by your authorities? 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Major General and Com' r for Exchange. 
 Hon. Ro. Oi'Li), 
 
 Agent for Exchange, Richmond, Va. 
 
 Washington, D, C, April 15, 1864. 
 
 Gknkkm.: I have the honor to enclose herewith the statement signed by 
 Colonel llofi'inan, which was directed to be prepared by the Secretary of War 
 in your presence last evening, and beg leave to explain that the last formal 
 declaration of exchange of prisoners, Avhich was agreed to by both of the agents, 
 was dated June S, 1863, and was published in Gf'ueral Orders No. 167. 
 
 At that time Colonel Ludlow was our a':ent of exchange, and the declara- 
 tion left us indebted to tlie rebels, officers and men reduced to privates by rates 
 agreed upon in the cartel, 12,794 miii. 
 
 Sinc(^ the date of that declaration the rebels have delivered to us 18,485 
 men, making our total indebtedness 31,279. Since the declaration referred to, 
 and soon after it, the tables were turned by the capture of Vicksburg and Port 
 Hudson, which brought the rebels largely indebted to us; in addition to which, 
 there had been delivered rebel prisoners by us, up to July 25, 1863, 8,359 men. 
 
156 EXCHANGE OF PRISONERS. 
 
 And after that date, 7,191, wliicli, added to the Yicksbiirg and Port Hudson 
 prisoners, makes a total of 65,182. 
 
 Some time in July, 1863, Mr. Ould, without any conference or agreement with 
 our agent, Colonel Ludlow, announced a declaration of exchange in favor of 
 Lieutenant General Pemberton, and a few other officers of high rank, which 
 Colonel Ludlow protested against and refused to recognize because it was con- 
 trary to usage, and because we had no rebel officers of equivalent grade in our 
 hands to be exchanged for them, and it was supposed that Mr. Ould acquiesced 
 in the protest, but he subsequently reaffirmed this declaration. Colonel Ludlow 
 was relieved from duty as agent of exchange, and was succeeded by General 
 Meredith. Not long afterwards Mr. Ould renewed his mode of action, without 
 any conference or agreement with General Meredith, and made an arbitrary 
 declaration of exchange in favor of a considerable portion of tlie Vicksburg 
 prisoners, without stating any definite number, but defining them by certain 
 commanders and corps, which we ascertained included a large excess over the 
 number of federal troops who had been captured by the rebels and returned 
 to us, and were on parole waiting to be exchanged. 
 
 Notwithstanding the irregularity of this proceeding on the part of ]\[r. Ould, 
 his conduct left iis no alternative but to make a declaration of exchange in favor 
 of a portion of the federal paroled prisoners in our hands, and a declaration was 
 made extending to 23,056. We were then in hopes that irregular declaration 
 would not be repeated by Mr. Ould, but we were disappointed. He made sev- 
 eral declarations of exchange, extending to rebel prisoners on ))arole in the 
 south, all of them without conference or agreement with our agents. As I con- 
 sidered this proceeding entirely without warrant from the cartel, and wholly 
 unprecedented in the history of war, I advised, as the commissioner of ex- 
 change, that we should not follow Mr. Ould's example; and though greatly to 
 our disadvantage, in the hope of a return to proper principles, no declaration of 
 exchange was made by us, except the first and only one made by General 
 Meredith while he remained the agent of exchange, so that when he was relieved 
 we had a good and valid claim against the rebels for a large number of men, I 
 feel very sure, amounting to over 20, 000 ; stated by Colon;.d Hoffman, from his 
 official papers at 23,213, (vide page 2, statement ) 
 
 Independently of this claim, we have another arising from the difference be- 
 tween 19,814 rebel troops on })arole, and 8.223 federal troops on parole, being 
 a claim to 11,591, (vide page 2, statement,) which number, in fact, should bo 
 added to the 23,213 to shew the total indebtedness of the rebels to us. 
 ********** 
 I have the honor to be, very respectfully, your obedient servant, 
 
 E. A. HiTCHCOf'K, 
 Major Gen. Yuls. and Coin'r for Exchange (i/'Pnuoncrs. 
 
 Lieut. Gen. U. S. Grant, 
 General- /'?(- Ch icf. 
 
 Official : 
 
 S. T. BO WEN A, A. G. 
 
EXCHANGE OF PRISONERS. 
 
 137 
 
 Statemc7it of federal and rebel iifisoncrs of tvar receiced and delivered since 
 
 last declaration. 
 
 
 Officers. 
 
 Enlisted 
 men. 
 
 Reduced 
 to privates. 
 
 Number of paroled federal prisoners ou hand at date of 
 last declaration of exelianpe, June 8, 18(53, General 
 Order No. 1()7, and not then exclians^ed 
 
 Number of federal ofRc-ers and enlisted men received by 
 Us from the rebels since Juno 8, 1863 
 
 76 
 246 
 
 10, 352 
 15,949 
 
 12,: 94 
 
 18, 485 
 
 Total number paroled 
 
 Exchan""ed ... 
 
 322 
 
 76 
 
 26, 301 
 19, 083 
 
 31,279 
 
 23 056 
 
 
 
 Balance on parole 
 
 246 
 
 7,218 
 
 8 223 
 
 
 
 Number of rebel officers and enlisted men delivered by us 
 on iniroh^ up to July 25 1863 
 
 72 
 115 
 
 8,014 
 
 6, 317 
 5, 953 
 
 27, 225 
 
 8 359 
 
 Number of rebel oflicers and enlisted men delivered by us 
 on parole between July 25, 181)3, and this date, at City 
 Point 
 
 7 191 
 
 Paroled at Port Hudson 
 
 7, 158 
 
 Ninnber of rebel ofhcers and enlisted men paroled at 
 \ icksburcf, Mississii)i)i 
 
 2, 156 
 
 42, 474 
 
 
 
 Total number paroled 
 
 2, 343 
 
 47, 509 
 
 65 182 
 
 
 
 Exchnngrd. 
 
 Delivered at City Point, &c., to January 1, 1804 
 
 Paroled at Port Hudson 
 
 76 
 
 12,012 
 
 5, 953 
 
 15, 649 
 
 13, 080 
 7 158 
 
 Paroled at Vicksbur"", Mississippi 
 
 1,309 
 
 26 031 
 
 
 
 Total number exchan""ed 
 
 1 , 485 
 
 33,614 
 
 46 2(>9 
 
 
 
 Balance on parole. 
 
 111 
 
 847 
 
 2,319 
 1 1 , 576 
 
 3 371 
 
 Paroled at Vicksburg, Mississippi 
 
 16,443 
 
 
 
 Total on parole 
 
 958 
 
 13, 895 
 
 19 814 
 
 
 
 It appem-s from the foregoing that there have been dcchired exchanged 
 
 of rebel troops reduced to privates 46, 296 
 
 Federal troops reduced to privates 23, 056 
 
 Leaving the rebels indebted to us in order to adjust the informal dec- 
 larations already made 23, 211 
 
 The adjustment being supposed to be made, the state of the prison- 
 ers would be thus : 
 
 Rebel troops reduced to privates on parole, and subject to be ex- 
 changed 19, 814 
 
 Federal troops reduced to privates on parole, and subject to be ex- 
 changed y, 223 
 
 Excess of rebels 11, 591 
 
138 EXCHANGE OF PRISONERS. 
 
 Tliif^ iiumber of 11,591 would be clue to us after exchanging a sufficient num- 
 ber of the 19,814 to balance the 8,223 of federal troops wow on parole in the 
 north, which would about balance the number of federal prisoners held in the 
 south. 
 
 This statement leaves us the undisputed possession of all of the rebel prison- 
 ers now in the north under federal guards. 
 
 By a recent notice in the newspapers of an exchange declared by Mr. Ould, 
 it appears that besides the prisoners delivered at City Print to January 1, 
 1864, covered by this declaration, Mr. Ould includes all Vicksburg prisoners 
 assembled at Enterprise, Mississippi, prior to November 14, 1863. 
 
 The number is not stated, and probably was not known ; but whatever it may 
 be, must be added to the indebtedness of the rebels to us. 
 
 W. HOFFMAN, 
 Colonel 3d Infantry, Commissary General of Prisoners. 
 
 Headquarters Armies of the United States, 
 Infidd, Ciclpeper Court-House, Virginia, April 17, 1864. 
 Gexeral : Enclosed you will please find statement of federal and rebel pris- 
 oners of war delivered since last declaration, together with explanatory letter 
 of jMaJor General E. A. Hitchcock, commissioner for exchange of prisoners. 
 1 am, general, very respectfully, your obedient servant, 
 
 U. S. GRANT, Lieutenant General. 
 Major General B. F. Butler, 
 
 Comd'g Dcp't Virginia and N. Carolina, Fortress Monroe, Va. 
 
 UNITED STATES MILITARY TELEGRAPH. 
 
 [By telegruph from Wusliiugtoii— 9.3U ji. m.— Dated April 20, 1864.] 
 
 (Cipher.) 
 
 To Major General B. F. Butler: 
 
 Receive all the sick and wounded the confederate authorities will send you, 
 but send no more in exchange. 
 
 U. S. GRANT, Lieutenant General. 
 
 Headquarters Army of the United States, 
 
 In the field, Culpeper Court House, April 17, 1864. 
 
 General: Your report of negotiations with Mr. Ould, Confederate States 
 agent, touching the exchange of ])risoners, has been referred to me by the Sec- 
 retary of War, with directions to furnish you such instructions on the subject 
 as I may deem proper. 
 
 After a careful examination of your report, the only points on which I deem 
 instructions necessary are : 
 
 1st. Touching the validity of the paroles of the prisoners captured at Vicks- 
 burg and l*ort Hudson. 
 
 2d. The status of colored prisoners. 
 
 As to the first, no arrangement for the exchange of prisoners will be 
 acceded to that does not fully recognize the validity of these paroles, and pro- 
 
EXCHANGE OF PRISONERS. 139 
 
 vide for tlie release to xis of a sufficient number of prisoners now licM by tbe 
 confederate authorities to cancel anj Ijulauce that may be in our favor by virtue 
 of tliese paroles. 
 
 Until there is released to us an equal number of officers and m^n as were cap- 
 tured and paroled at Vicksburg and P(jrt Hudson, not another confederate pris- 
 oner cf war will be paroled or exchanged. 
 
 As to the second, no distinction whatever will be made in the exchange be- 
 tween white and colored pi-isoners ; the only question bein;r, wer.^ tlu-y at the 
 time of their capture in the military service of the United Srates. If they were, 
 the same terms as to treatment while prisoners and conditions of release and 
 exchange must be exacted, and had, as in the case of white soldiers. 
 
 Non-acquiescence by the confederate authorities in both or either of these 
 propositions will be regarded as a refusal on their part to agree to the further 
 exchange of prisoners, and will be so treated by us. 
 
 I am, general, very respectfully, your obedient servant, 
 
 U. S. GIIANT, Licufpnant Genera'. 
 
 Major General B. F. Bltler, 
 
 Co?fid'g Dej)'l Virginia and X. Carolina, Fortress 2Iunroe, la. 
 
 HeADQTARTRRS Dep't of VlRCilXIA AM) XoRTH CaROI.IXA, 
 
 0//i':e CfOm.for Exchange, Fort ^lonroe, Va., April. 18, 1&G4. 
 
 Sir : I have the honor to request that you will inform me of the facts in eon- 
 ii'xion with the alleged execution of Captain Spencer Deaton, Gth Tennessee 
 iiifantry, while a prisoner in the hands of your authorities. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BP:XJ. F. BF'n.KR, 
 ^Lijor General and Commissioner for Exchange. 
 Hon. PiOBERT Ot LD, 
 
 Agent for Exchange, Richmond, Va. 
 
 Office Commissakv General of Prisoner?;, 
 
 Washington, D. C, April 27, 1864. 
 
 General: I have several times given instructions to commanders of prison 
 camps that rebel prisoners of war, when delivered on parole, Aui 1 not be per- 
 mitted to take with them any more of the clothing issued to them by the govern- 
 ment than is absolutely necessary; but these instructions are rarely, if at all 
 attended to; and I beg leave to call your attention to the maiter, with the 
 request that you direct all surplus clothing in their possession of the character 
 above described to be taken from them on the Hag-of-truce boat, and returned 
 to Point Lookout for reissue to other ])risoners. They should n t l)e permitted 
 ta take with them either caps, blankets, shoes, or great-coats, and 1 think it 
 would be advisable to take even their coats from them. 
 
 Through the very liberal privilege granted them to purchase clothing, many 
 of them will be returned to the enemy in a better condition for service than they 
 were when captured. The rolls of the paroled prisoners recently arrived at 
 Baltimore, promised to this office, are without the signature of 3I;ijfir Muli'ord, 
 or other officer, and without remaiks to exphiin the absence of men not delivered. 
 I have therefore respectfully to request that you will direct ]\I;ijor 3Iultord to 
 furnish me a list of all the prisoners received by him and nut delivered at 
 Baltimore, giving the date of death or cause of absence. 
 
140 EXCHANGE OF PRISONERS. 
 
 And I wmilfl also request that hereafter all rolls of paroled prisoners may he 
 authenticated hy the sij:;nature of an officer, and that all whose names are on the 
 rolls may he properly accounted foi\ 
 
 Very respeclfullv, vour obedient servant, 
 
 W. HOFFMAN, 
 Colonel 3d Infantry, Commiftsary Gejieral of Prisoners. 
 Major Gencr.il B. F. Butler, 
 
 Cuvijiiissiuncr for Exchange, Fort Monroe, Va. 
 
 Navy Department, Ajjril 28, 1864. 
 
 Sir : I enclose l:erewith a copy of a communication received by the depart- 
 ment from C'lan nee Miller, dated March 13, 1861, from Libby prison, Richmond, 
 where he has bren held for over a year, having been captured on the North 
 Carolina coast in January, 1863. in consequence of the wreck of the vessel, the 
 United States strainer Columbia, on which he was serving. He states in his 
 letter the grounds of Ji s detention. 
 
 By a dcclaiation (;f exchange, in May, 1863, as reported by Colonel Ludlow 
 on the oUth otiii.ir niontli to the Adjutant General of the United States, "all 
 otficers and men uf the steamers Hatteras, Mercedita, Queen of the West, Harriet 
 Lane, Isaac Smith, Cnlumbia, Indianola, and schooner Vassar," were declared 
 duly exchangftb Nolvviihstanding this, Clarence Miller is still held — not being 
 recogniz(^d as a soldier, entitled to treatment as a prisoner of war. 
 
 There are others similarly situated, concerning whom the department had 
 frequent correspondence with Lieutenant Colonel Ludlow. Is there no prospect 
 of anything being done for them.' 
 Very respecifully, &c., 
 
 G. F. FOX, Assist. Sec'y ff Navy. 
 
 Major General B. F. Butler, &c., &c., 
 
 Fort Monroe, Va. 
 
 [Enclosure.] 
 
 LiBBY Pklsox, Richmond, Va., March 13, 1864. 
 
 Sir : On the 1 1th of November, 1861, 1 shipped on board the gunboat Sciota, 
 at Phdadelpliia, I'cnnsylvania, as landsman. In December, 1862, I was taken 
 sick, and s; nt to Biooklyn hospital, New York; and as soon as I recovered my 
 health, was sciii to icceiving ship North Carolina; from her to gunboat Columbia, 
 commanding oliirer Ca|jtain Couiser, (Couthony.) We were shipwrecked off 
 Wilmington, North Clarolina, in January, 1863, and 1 was taken prisoner by 
 the confi'der.ilcs ami sent to Ilichmond. Being of African descent, (though 
 nearly while,) 1 lia\(' not b.en exchanged, as they do not recognize me as a 
 soldier entith-d lo treatment as a prisoner of war. My home is in Philadelphia, 
 Pennsylvania, and I am a freeman by birth. If it is iu your power, I most 
 erruestly re(iurr-r liiat you try and get me released. 
 
 I am, sii-, very respectfully, your obedient servant, 
 
 CLARENCE MILLER. 
 
 Hon. Gideon Welles, 
 
 :-(■(■ r eta ry rf the Kavy. 
 
 P. S. — I send this through by an exchanged prisoner of war. 
 
EXCHANGE OF PRISONERS.* 141 
 
 Headquarters Dep't of ^'irijima and Xorrrn Carolina, 
 Office Com' r for Exchange, Fort Monroe, Va., April 30, 1864. 
 Sir : I have tlie honor to call your attention to the case of Samuel l^IcLana- 
 han, a citizen of Clear Spring, Washington county, Indiana, A\ho was taken pris- 
 oner while on a visit to his friends near Winchester, Va., and has since been held 
 as such by your authorities. I have to request that you will cause him to be im- 
 mediately released, as this government does not hold any confederate prisoners 
 under similar circumstances. 
 
 I have the honor to be, very respectfullv, voin- obedient servant, 
 
 BEN.T. F. BUTLKR, 
 ]\Iajor General and Com' r for Eixrhange. 
 Hon. IlonERT Gild, 
 
 Agent for Exchange, Richmond, Va. 
 
 Headquarters Dep't of A'iroima and North (^aholixa. 
 Office Com'r for Exchange, Fort Monroe, Va., April oO, 1S64. 
 Sir : I have the honor to call your attention to the following named citizens, 
 prisoners, who are in confinement at Salisbury, N. C., viz: 
 
 1. Daniel Cearheart, a citizen of ^liami count}', Ohio, sixty years of age, who 
 went to Winchester, Va., to see his son in the Union army, then sick ; he was 
 there made prisoner, and has since been held as such by j'our authoritie-s. 
 
 2. Frank K. Duran, made prisoner while attending to his bi other, who was 
 dangerously sick at Oxford, Miss. 
 
 I have to request that you will immediately cause these men to be released, as 
 we do not hold any confederate prisoners captured under similar circumstances. 
 I have the honor to be, very respectfullv, vour obedient servant, 
 
 BEN J. F. BITLER, 
 j\l(ijor General and Com' r for Exchange. 
 
 Hon. RORKRT OlLD, 
 
 Agent for Exchange, llirh.mond, Va. 
 
 Headquarters Dep't of Virgima axd North Carolina, 
 Ojjice Com'r for Exchcinge, Fort Monroe, Va., April oO, 1864. 
 
 Sir : Will you please inform me on what grounds Edward P. Davis, of Lou- 
 don county, \'a., is now held as prisoner at Salisbury, N. C. ? He was taken 
 prisoner November 6, 1S62. 
 
 I have the honor to be, very respectfullv, vour obedient servant, 
 
 BENJ. F. BUTLEU, 
 Major General and Com' r for E.ahange. 
 Hon. Robert Ould, 
 
 Agent for Exrhange, Richmond, ^ a. 
 
 Headquarters Dep't of Viroima axd North Carolina, 
 Office Com' r for Exchange, Fort 21onroc, Va., Ajrril '.iO, 1S64. 
 Sir : I have the honor to request that you will furnisli me with a report of 
 the case of Thomas Pettitt, a citizen of Jackson county, Alabama, who was 
 forcibly taken from his house on the 24th of August, 1S63, by a body of the 
 seventh Alabama cavalry, and is now confined in Kichmoud in irons. 
 I have the honor to be, very respectfully, &c., 
 
 BENJ. F. BUTLER, 
 Major General and- Com' r fur Exchange. 
 Hon. Robert Ould, 
 
 Agent for Exchange, Richmond, Va. 
 
142 * EXCHANGE OF PRISONERS. 
 
 Hkadquartbrs Dep't of Viroinia a.\'d North Carolina, 
 
 Fort Monroe, Va., May 1, 1864. 
 
 You will proceed with the flag-of-tnice boat and prisoners to Annapolis, land 
 tlie otlieers and prisoners there — making every possible despatch — return to 
 Point Lookout; liere you will take on board as many sick and wounded prison- 
 ers, not exceeding tour hundred, (400,) as you may hud, and return to Fort 
 Monroe for orders. 
 
 I have the honor to remain, very respectfallv, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Major General, Commanding. 
 ]\Iajor MrLKoRn, 
 
 Flag-of-trure Boat. 
 
 Ilr.ADUUARTERS Dep'T OF VIRGINIA AND NoRTH CAROLINA, 
 
 In the fuid, Hej'^eniher 21, 1864. 
 Cct a i'ull load of prisoners cither at Fort Delaware, Point Lookout, or Fort 
 McHeniy. 
 
 BENJ. F. BUTLER, 
 Major General, Commanduig 
 Major i\IuLFt)RD, Fort Monroe. 
 
 [Tt'Ugrani.] 
 
 Headuuartkrs Dep't of Virulnia and North Carolina, 
 
 Fort Monroe, May 2, 1864. 
 
 Ould, the reltel commissioner of exchange, has declared, without consultation, 
 all rebel prisDin-rs delivered at City Point up to tlie 20th of April, exclianged. 
 This hti jastitii:s uiuler the tifth article of the cartel, Creneral Orders 142, series 
 of 1.S62. 
 
 'i'hese mi'u will be S(;nt into the iield against us, and he claims he has a right 
 so to lio. 1 set' HO otlii'r way; and, as far as my judgme it goes, I can see no 
 harm iu m ikiii.;' a sinidar di-claration upon our part, which will permit our 
 othcers and S'ddiers to take the iield in ojiposition. It is now settled, under 
 General Grant's order, that the exchange cannot go on. The rebels will make 
 their theory oi tiie colored soldiers a sine qua nan, and upon this point the cartel 
 is entirely annuih'd. 
 
 Please have this declaration made. 
 
 BENJ. F. BUTLER, 
 Major Gtneral, (Jo»iinanding. 
 
 Hon. E. M. Stanton, 
 
 Hccreiary oj War, Washington, D. C. 
 
 llEAIXiliARTERS Dep'T OF ViROINIA AND NoRTH CAROLINA, 
 0//ir.c Cotii. for Exchange, Fort Monroe, Va., May 3, 1864. 
 
 Sir : I ha\(^ the limior to enclose you a letter from Brigadier General Dow, 
 late a piisoniT at Libhy, with reference to the statement therein containe 1, with 
 the imlorsem ait, and to assure you tint, uidess I have assurances under the 
 hand of the piny therein named that the treatment set forth is either misrep- 
 resented or has ccMsed on the part of those you represent, 1 shall immediately 
 
EXCHANGE OF PRISONERS.- 143 
 
 SuT)jf'ct to as oarly siinilar treitmciit as possible a like number of confederate 
 officers of equal rank, provided always I can find ajjlaccof confinement Avliich 
 sLall come u|) to the descrij> ion of General Dow. The attention of Mr. Com- 
 missioner Oidd is fn:ther respectfully called to the case of the Kentucky officer 
 mentioned in General Dow's letter. 
 
 I have till! honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Major General, Commandiv g . 
 Hon. R()i5i:i!T Ori.n, 
 
 Agent J'ur K.rehange, Kic/nnoruJ, Va. 
 
 HkADQIIARTERS Dkp'T of ViRCINiA AND NoRTH CAROLINA, 
 
 Office Com. for Exchange, Fort Monroe, Va., Maij 4, 1864. 
 Sir : Will you please inform me as to the whereabouts and present condition 
 of Leonard Albert Reese, company I, llGth Indiana volunteers, Erbud Sim- 
 monds, company D, I7lh ]\Iassachnsetts volunteers, captured near Newbern, 
 North Carolina, February L 1864; Samuel Slavens, company E, 33d Ohio 
 rejriment, Samuel Shaw company L 124Lh Ohio volunteers, R. W. Hurlburt, 
 Artliur Ta\lor Kennedy, Lst JNIaryland regiment, H. W. Squires, company E, 
 141st New Ynik volunteers, lieiuy Clay 'Pucker, John P. Webb, company C, 
 lOOih Ohio voliinteeis, K(Wton Gilbert, company K, 111th New York volun- 
 teers, John L. Nelson, company D, 1st Kentucky cavalry, Charles H. Boswell, 
 company C, 36ih JMassachusetts vidunteers, Frank O'Brine, compiuiy B, 1st 
 Ohio regiment, J'reston A. Champriey, United States signal corps, John Whip- 
 ple, jr., company C', 11th New llam])shire volunteers, Captain Robert Pollock, 
 company D, 14th IVnnsylvania cavalry, G. W. Johnson, company H, 21st Mis- 
 SMiui infantry. 
 
 1 have the honor to be, very respectfidly, your obedient servant, 
 
 BENJ. F. BUTLKR, 
 JMajor General and Commissioner for Exchange. 
 lion. RORERT OUM), 
 
 Agejil for Exchange, Richmond, Va. 
 
 IIkadhiarters Dep't of YiRoiMA AND North Carolina, 
 
 In the field, Va., August 4, 1S64. 
 
 Sir : ^"ery probibly you have had your attention called to the particulars of 
 the eiig^igenient betvveen the Unit(>d States steamer Kearsarge and the steamer 
 Alabama which cLiimcd to sail under a Hag and commission from your authori- 
 ties. 
 
 It would seem from the reports, copies of which I enclose, of R. Semmes, 
 captain, and John A. Winslow, ca|)tain, in command of the two vessels, that 
 the Alab ma surrendered to the Kearsarge in a sinking condition; that her 
 colors were then hauled down and a boat despatched to the Kearsarge to inform 
 her of ihat condition ; that the Kearsarge, although employed in picking up the 
 drowning crew, was pre'W-nted from taking them all in actual custody l)y the 
 sinking of the prize Ijefon; she was actually boarded. Some of the Kearsarge's 
 prisoners wen^ picked up, at the request of Captain Winslow, by the British 
 steamer yacht Greyhound. 
 
 Under the precedent set by this government in the case of the officers and 
 crew of the United States steamer Alercedita, which surrendered to the iron- 
 clads which came out of Charleston in January, 1863, and although not taken 
 possession of by the confederate forces, who were driven oft' before they had 
 opportunity so to do, her officers and crew were regarded by this government 
 
144 EXCHANGE OF PRISONERS. 
 
 as prisoners of war, and were duly exchanged, equivalents being forwarded for 
 them. 
 
 I am instructed by the government of the United States to bring this matter 
 to your attention and notify you that the officers and crew of the Alabama at 
 the time of her surrender are regarded by this government as prisoners of war, 
 and that we shall expect, in each exchange for them, our officers and seamen 
 prisoners in the south or on parole. 
 
 I also take leave to forward for your consideration, as bearing upon the sub- 
 ject-matter of this note, the report of a board of naval officers to the Secretary 
 of the Navy of the United States, convened by his order to examine and report 
 upon the questions here involved. 
 
 I take leave to ask that you will favor me with an early reply, stating 
 whether you desire special exchanges for these prisoners, or whether you desire 
 to let them stand as subject to the genei'al cartel__^or other general negotiations 
 as prisoners of war. 
 
 I have the honor to be, very respectfully, yoi;r obedient servant, 
 
 BENJ. F. BUTLER, 
 Major Gcjicral mid ComW for Exchange. 
 
 lion. Robert Ould, 
 
 Com'' 7- for Exchange of Confcd. Anthoritie?,., Richinond, Va. 
 
 Office of Coaimissary Geiveral of Prisoners, 
 
 Washington, D. C, Map 5, 1864. 
 
 General: By order of the Secretary of War I have directed the command- 
 ing officer at Camp Chase to forward to you Holland (or Harris H.) Taylor, a 
 citizen prisoner, to be exchanged for Presley Janny, a citizen of Hampshire 
 county. West Virginia, now in confinement at Danville, North Carolina. 
 
 It is stated that the exchange can be effected by Taylor if allowed to go 
 within the confederate lines for the purpose, and the Secretary of War author- 
 izes you to grant him the necessary parole upon being informed that the propo- 
 sition will be accepted by the rebel authorities. 
 
 I am, general, very respectfully, your obedient servant, 
 
 W. HOFFMAN, 
 Colonel, 3d Infantry, Com. Gen. of Prisoners. 
 Major General B. F. Butler, 
 
 Commissioner for Exchange, Fort Monroe, J a. 
 
 War Department, 
 Washington, D. C, May 6, 1864. 
 General: A letter has been received at this department from the Depart- 
 ment of State, under date of the 5th instant, transmitting a copy of a commu- 
 nication from the British minister of the 29th ultimo, in which it is represented 
 that there is reason to apprehend that several British subjects captured on board 
 the steamers Don, Mary Ann, and Scotia are still held as prisoners by the 
 United States government, at Camp Hamilton, near Fortress Monroe. In order 
 to enable the department to reply to this allegation, the Secretaiy of War in- 
 structs me to request that you will cause an investigation to be made, and tlie 
 result reported to him. 
 
 Very respectfully, your obedient servant, 
 
 ED. R. S. CANBY, 
 Brigadier General, Ass't Adft General. 
 Major General B. F. Butler, 
 
 Fortress Monroe, Va. 
 
EXCHANGE OF PRISOXEKS. 145 
 
 Offick (IF Commissary Ghnkual of PuisoxEns, 
 
 WasJiingfon, D. C, Majj 1, 18(34. 
 GeN'KRai, : 1 have the li<inor to enclose liercwith a circular of regulations 
 issued by authority of the War Departuu'ut, which are to be observed at sta- 
 tions where prisoners of war are held. Copies will be furnished from this office 
 to the cominaiulers of military prisons in tlie department oT Virt;inia and North 
 Carolina. 
 
 I have the honor to enclose also copies of General Orders No. 11)0, from the 
 War Department, defining the authority of the Commissary General of I'risoners 
 over military prisons. The authority is mainly placed in my hands, but 1 will 
 be obliged to beg the assistance of department commanders occasionally, and 
 for your kind favors in this way I shall feel under many obligations. 
 I am, general, verv respectfullv, vour obedient servant, 
 
 W. HOFFMAN, 
 Col. '.ul Iiifuntni, Commissar 1^1 General of Prisoners. 
 Major General 13. F. BuTLiiR, 
 
 CoDi'dg Dcp^t Va. and X. C, Headquarters, Fortress Monroe, Va. 
 
 Office Com.misssary General of PrfsOiNers, 
 
 Washington. I>. C, June ^8, 1864. 
 
 ( iFA'ERAl. : 1 have the honor to inform you that, pursuant to instructions from 
 the Secretary of War, the commanding officer at Fort Delaware has been di- 
 rected to place Captain Jas. P. Browne, company K, 4th Tennessee cavalry ; 
 First Lieutenant B. J. Brailsford, company E, 1st Texas; First Lieutenant R. 
 II. C. Bailey, company A, Foster's cavalry; and First Lieutenant A. F. Do- 
 zier, company F, 6th South Carolina Cavalry, in close confinement, (in cells,) 
 in retaliation for the like confinement of certain federal officers in southern 
 prisons, of which we have no specific information. By direction of the Secre- 
 tary of War, I request you will give notice of the above order to the rebel au- 
 thorities. 
 
 I am, general, very respectfullv, vour obedient servant, 
 
 W. HOFFMAN, 
 Captain and Ass't Ad ft Genera/. 
 ^fajor General B. F. lii tlfr, 
 
 Com' r for Exhange. Com\Jg Dcjft Va. and N. C, 
 
 Head quarters. Fort Monroe, Va. 
 
 IlHAUUrARlFRS Dep't kF \'iUCiI.\IA AM) NoRTIl CAROLINA, 
 
 In the field, Va., August 8, 1864. 
 
 Sir: I have the honor to forward the enclosed copies of certain papers 
 relating to the treatmeim of officers captured on the expedition of General 
 I\i!]iatrick. 
 
 From the circumstances here? narrated I am led to say that I will make special 
 exchange of all those ofiicers, giving you such officers as you may desire of 
 equal rank. I also have the honor further to inform you, that unless I receive 
 from the officers statements that they are now well and properly treated as 
 prisoners of war, I shall be under the necessity of putting in confinement an 
 equal number of officers by us m like condition and treatment as described in 
 enclosed paper. As you are aware, I have never desired nor favored retaliation 
 Ex. Doc. 32 10 
 
146 EXCHANGE OF PKLSONERS. 
 
 except upon belief tliat nothing else would answer to preserve tlie lives and 
 health of onr soldiers, and, much as I regret the painful necessity, I cer- 
 tainly shall be obliged to carry out my intentions. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Major General avd Coiiir for Exchange. 
 Hon. Bob't Gild, 
 
 Commissioner jOr E.rcha7ige. 
 
 HEADQtiARTK..-; Det'T OK Vir{(7li\]A ANdNoRTH CAROLINA, 
 
 In the field, Va., August 10, 1864. 
 iSiR: Dr. James ]'. llambleton has been for many months a prisoner of war 
 in Fort Monroe. He is in some way connected with the southern press. 
 A. 1). llichardson has been in Libby prison as a prisoner since April, 1863. 
 He Avas captured on a steamboat in the Mississippi river. He is connected 
 with the northern press. 
 
 Will you exchange one for the other ? llambleton claims that he has a paper 
 from you saying you will do so, and upon this he vexes all my friends and me 
 continually. Please say definitely that you \\iil or that you will not, so that I 
 can stop his mouth. 
 
 1 have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Mojor General and Cotn'r for KxcJiange. 
 Hon. Robert Oild, 
 
 Commissioner for Exchange. 
 
 MF.AlXir AUTEK.S Dep'T OF VIRGINIA AND NoRTU OaiIOLI.XA, 
 
 In the field, Va., August 10, 1SG4. 
 
 tSiu : Fred. Clark, a private in the 7th Maine volunteers, was taken prisoner 
 some time in December at Mine Run. It is supposed he may have died in 
 the Mayo hospital, Richmond, but it is not made certain You will do me a 
 great favor by having it ascertained and report. 
 
 I have the honor to be. very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 ]\Iajur General and Com.' r for Exchange. 
 Hon. Rojj't ()l 1,1), 
 
 Ascnt for Exchange, Richmond, \d . 
 
 War DKi'AUTMENT, AiDOTANT General'8 Office, 
 
 Washington, teptemhcr 12, 1864. 
 
 Exchiinge tf j^r.'soners (fwa^ 
 
 Tlie following letter from Maj()r General Butler, commissioner of exchange, 
 indirates the present condition of the subject of exchanges of prisoners of war : 
 
 llEAUfirAUrERS Dfp't of VlHdINIA AND NoRTII CaRoEINA, 
 
 In the field, August — , 1864. 
 
 Sir : Your note to ]\Iajor jMultord, assistant agent of exchange, under date of 
 loth of August, has been referred to me. 
 
 You therein state that Major Mulford has several times ])roposed to exchange 
 
EXCIIANOE OF PRISONERS. 147 
 
 prisoners respoctivoly held by the two belligerents, officer for officer and man 
 for man, and that " the offer lias also been made by other officials having charge 
 of matters cunnected with the exchange of prisoners ;" and that " this proposal 
 has been heretofore declined by the confederate authorities;" that you now 
 consent to the above proposition, and agree to deliver to you [Major Mullbrd] 
 the prisoners held in captivity by the confederate authorities, provided you 
 agree to deliver an equal number of officers and men. As equal numbers are 
 delivered from time to time they will be declared exchanged. This proposal is 
 made with the understanding that tlie officers and men on both sides who have 
 been longest in captivity will be first delivered, where it is practicable. 
 
 From a slight ambiguity in your phraseology, but more, perhaps, from the 
 antecedent action of your authorities, and because of your acceptance of it, I 
 am in doubt whether you have stated the proposition with entire accuracy. 
 
 It is true a proposition was made both by Major Mulford and by myself, as 
 agent of exchange, to exchange all prisoners of war taken by either belligerent 
 party, man for man, officer for officer, of equal ranl\, or their equivalents. It 
 was made by me as early as the first of the winter of lSG3-'64, and has not 
 been accepted. In May last I forwarded to you a note, desiring to know 
 whether the confederate authorities intended to treat colored soldiers of the 
 United States army as prisoners of war. To that inquiry no answer has yet 
 been made. To avoid all possible misapprehension or mistake hereafter, as to 
 yiiur offer now, will you now say whether you mean by " prisoners held in 
 captivity," colored men, duly enrolled and mustered into the service of the 
 i iiited States, who have been captured by the confederate forces ; and if 
 your authorities arc willing to exchange all soldiers so nuistered into the United 
 Srates army, whether colored or otherwise, and the officers commanding them, 
 man for man, officer for officer? 
 
 At an interview which was held between yourself and the agent of exchange 
 cii the part of the United States, at Fortress Monroe, in March last, you will do 
 me the favor to remember the principal discussion turned upon this very point ; 
 you, on behalf of the confederate government, claiming the right to hold all 
 negroes, who had heretofore been slaves and not emancipated by their masters, 
 enrolled and mustered into the service of the United States, when captured by 
 your forces, not as prisoners of war, but, upon capture, to be turned over to 
 tlieir supposed masters or claimants, whoever they might be, to be held by 
 them as slaves. 
 
 By the advertisements in your newspapers, calling upon masters to come for- 
 ward and claim these men so captured. I suppose that your authorities still 
 .adhere to ihat claim; that is to say, that whenever a colored soldier of the 
 United States is captured by you, upon whom any claim can be made by any 
 person residing within the States now in insurrection, such soldier is not to be 
 treated as a prisoner of war, but is to be turned over to his supposed owner or 
 claimant, and put at such labor or service as that owner or claimant may 
 choose ; and the officers in command of such soldiers, in the language of a 
 supposed act of the Confederate States, are to be turned over to the governors 
 of States, upon recjuisitions, for the purpose of being punished by thi' laws of 
 .>uch States for acts don(4,in war in the armies of the United States. 
 
 You must be aware that there is still a proclamation by Jefferson Davis, 
 claiming to be chief executive of the Confederate States, declaring in substance 
 that all officers of colored troops mustered into the service of the United States 
 were not to be treated as prisoners of war, but were to be turned over for punish- 
 ment to the governors of States. 
 
 1 am reciting these public acts from miinory, and will br [tardoned for not 
 giving the exact words, although I believe 1 do not vary the substance and 
 effect. These declarations on the part of those whom you represent yet remain 
 luu-epealed, unannulled, unrevoked, aiid must therefore be still supposed to be 
 
148 EXCUIANGE OF PRISONERS. 
 
 juitboritativc. liy your acceptance of our proposition, is the government of the 
 United States to understand that tliese several claims, enactments, and pro- 
 claimed declarations are to be given up, set aside, revoked, and held for naught 
 by the confederate authorities, and that you are ready and willing to exchange, 
 man for man, those colored soldiers of the United States, duly mustered and 
 enrolled as such, who have heretofore been clairncd as slaves by the Confederate 
 States, as well as white soldiers '? 
 
 If this be so, and you are so willing to exchange these colored men claimed 
 as slaves, and you will so officially inform the government of the United 
 States, then, as 1 am instructed, a principal difficulty in effi'cting exchanges 
 will be removed. 
 
 As I informed you ])ersonally, in my judgment, it is neither consistent with 
 the policy, dignity, or honor of the United States, upon any consideration, to 
 allow those who, by our laws solenuily enacted, are made soldiers of the Union, 
 and who have been duly enlisted, enrolled, and mustered as such soldiers — who 
 have borne arms in behalf of this country, and who have been captured while 
 lighting in vindication of the rights of that country — not to be treated as pris- 
 oners of war, and remain unexchanged and in th(i service of those who claim 
 them as masters ; and I cannot believe that the government of the United 
 States will ever be found to consent to so gross a wrong. 
 
 Pardon me if I misunderstood you in supposing that your acceptance of our 
 proposition does not in good faith mean to include all the soldiers of the Union, 
 and that you still intend, if your acceptance is agreed to, to hold the colored 
 soldiers of the Union unexchanged, and at labor or service, because I am 
 informed that very lately, almost cotemporaneously with this offer on your part 
 to exchange prisoners, and which seems to include ail prisoners of war, the 
 confederate authorities have made a declaration that the negroes heretofore 
 held to service by owners in the States of Delaware, Maryland, and Missouri, 
 are to be treated as prisoners of war when captured in arms in the service of 
 the United States. Such declaration, that a part of the colored soldiers of the 
 United States were to be prisoners of war, would seem most strongly to imply 
 that others were not to be so treated; or, in other words, that colored men 
 from the insurrectionary States are to be held to labor and returned tn their 
 masters, if captured by the confederate forces while duly enrolled and mustered 
 into and actually in the armies of the United States. 
 
 In the view which the government of the United States takes of the claim 
 made by you to the persons and services of these negroes, it is not to be sup- 
 ported upon any principle of national or municipal law. 
 
 Looking upon these men only as property, upon your theory of property in 
 them, we do not see how this claim can be made ; certainlj' not how it can be 
 yielded. It is believed to be a well-settled rule of public international law, and 
 a custom and part of the laws of war, that the capture of movable property 
 vests the title to that property in the captor, and therefore, when one bellige- 
 rent gets into full possession property belonging to the subjects or citizens of 
 the otlier bellig(;rent, the owner of tliat property is at once divested bis title, 
 which rests in the belligerent government capturing and holding such posses- 
 sion. Upon this rule of international law all civilized nations have acted, and 
 by it both belligerents have dealt with all property, save slaves, taken from 
 each other during the jiresent war. 
 
 If the confederate forces capture a number ot horses from the United States, 
 the animals are immediately claimed to be, and, as we iinderstand it, become 
 the property of the confederate authorities. 
 
 If the United States capture any movable property in the rebellion, by our 
 regulations and laws, in conformity Avith the international law and the laws of 
 war, such property is turned over to our government as its property. There- 
 fore, if we obtain possession of that species of property known to the laws of 
 
p:xchange of pkisonekf. 149 
 
 the iiiyniTcctionaiy State;? a^ j^laves, why should there be any doubt that tliat 
 property, like any other, vests in the United States 1 
 
 Ifthe property in the shive docs so vest, then tlie "j//.\iJ/.y)n//c//Ji,'' the right 
 of disposing of that property, rests in tlie United Stales. 
 
 Now, the United States have disposed of the property which they have 
 acquired by capture in shrves taken by tlieni, by giving- that right of property 
 to tlie man himself, to the slave — i. c, by emancipating him and declaring him 
 free forever; so that if we have not mistaken the principles of international law 
 and the laws of Avar, we have no slaves in the armies of the Unit'^d States. 
 All are free men, being made so in such manner as wc have chosen to dispose 
 of our property in them which we acquired by caj)ture. 
 
 Slaves being captured by us, and the right of property in them tliereby vested 
 in us, that right of property has been (lis])osed of by us by manumitting them, 
 as has always been lh(! acknowledged right of the owner to do to his slave. 
 The manner in which we dispose of our property while it is in our possession 
 certainly cannot be questioned by you. 
 
 Nor is the case altered if the j)ro])erty is not actually captured in battle, l)Ut 
 comes either voluntarily or involuntarily from tlie belligerent owner into the 
 possession of the other belligerent. 
 
 I take it no one would doubt the right of the United States to a dro\e of 
 confederate miiles, or a herd of confederate cattle, which should wander or 
 rush across the confederate lines into the lines of the United States army. So 
 it seems to me, treating the negro as property merely, if that piece of property 
 passes the confederate lines and comes into the lines of the United States, that 
 property is as much lost to its owner in the Confederate States as would be the 
 mule or ox, the property uf the resident of the Confederate States, which !^hould 
 fall into our hands. 
 
 If, therefore, the principles of international law and the laws of war used iu 
 this discussion are correctly stated, then it would seem that the deduction logi- 
 cally flows therefrom, in natural sequence, that the Confederate States can have 
 no claim upon the negro soldiers captured by them from the armies of the 
 United States because of the former ownership of them by their citizens or 
 subjects, and only claim such as result, under the laws of war, from their caji- 
 ture merely. 
 
 Do the confederate authoriti(,'S claiiu the right to reduci" to a state of slavery 
 free men, prisoners of war, captured by tlu'in ? This claim our fathers fought 
 against under Bainbridge and Decatur, when set u]) by the Barbary powers on 
 tiie northern shore of Africa, about tlie ye;ir ISOO. and. in 18(54, their children 
 will hardly yield it upon their own soil. 
 
 This point I will not pursue further, because I understand you to repudiate 
 the idea that you will reduce free men to slaves because of cajiture in war, and 
 that you base the claim of the confederate authorities to re-enslave our negro 
 soldiers when captured by you upon the '' jus post limini,'' or that principle of 
 the law of nations which rehabilitates the former owner Avith his property taken 
 by an enemy, when such jiroperty is recovered by the forces of his own country. 
 Or, iu other words, you claim that, by the laws of nations and of war, when 
 property of the subjects of one belligerent power captured by the forces of the 
 other belligerent, is recaptured by the armies of the former owner, then such 
 property is to be restored to its jirior possessor, as if it had never been captured ; 
 and, therefore, under this princijile your authorities propose to restore to their 
 masters the slaves which heretofore belonged to them which you may capture 
 from us. 
 
 But this i)ostlimiuary right under which you claim to act, as understood and 
 defined by all Avriters"^ of national law, is applicable simply to immoadhe^ 
 2)roj)cr///,'imd that, too, only after the complete subjugation of that portion of 
 the country in which the property is situated, upon which this right fastens 
 
150 EXCHANGE OF PKISONERS. 
 
 itself. By the laws and customs of war this right has never been applied to 
 movahlc property. 
 
 True it is, I believe, that the llomaiis attempted to apply it in the case of 
 slaves, but for two thousand years no other nation has attempted to set up this 
 right as ground for treating slaves differently from other property. 
 
 But the Ivomans even refused to rc-enslave men captured from opposing 
 belligerents in a civil war, such as ours unhappily is. 
 
 Consistently, then, with any principle of the law <if nations treating slaves as 
 property merely, it would seem to be impossible for the government of the 
 United States to permit the negroes in their ranks to be re-enslaved when cap- 
 tured, or treated otherwise than as prisoners of war. 
 
 I have forborne, sir, in this discussion, to argue the question upon any other 
 or different grounds of right than those adopted by your authorities in claiming 
 tbe negro as property, because I understand that your fabric of opposition to 
 the government of the United States has the right of property in m.an as its 
 corner-stone. Of course it would not be prolitable in settling a question of 
 exchange of prisoners of war to attempt to argue the question of abandonment 
 of the very corner-stone of their attempted political edifice. Therefore, 1 have 
 admitted all the considerations which should apply to the negro soldier as a. 
 man, and dealt witli him upon the confederate theory of jnopcrty only. 
 
 I unite with you most cordially, sir, in desiring a speedy settlement of all 
 these questions, in view of the great suflering endured by our prisoners in thi 
 hands of your authorities, of whicli you so feelingly speak. Let me ask, in 
 view of that suffering, why you have delayed eight months to answer a propo- 
 sition which, by now accepting, you admit to be right, just, and humane, allowing 
 that suffering to continue so long? One cannot help thinking, even at the risk 
 of being deemed uncharitable, that the benevolent sympathies of the confeder- 
 ate authorities have been lately stirred by the deplet('d condition of their armies. 
 and a desire to get into the field, to affect the present campaign, the hale, hearty, 
 and well-fed prisoners held by the United States, in exchange for the half- 
 starved, sick, emaciated, and unserviceable soldiers of tlie United States now 
 langiushing in your prisons. 'J'he events of this war, if we did not know it 
 before, have taught us that it is not the northern portion of the American people 
 alone who know how to drive sharp bargains. 
 
 The wrongs, indignities, and privations suffered by our soldiers would move 
 me to consent to anything to procure their exchange, except to barter away the 
 honor and ftiitli of the government of the United States, which has been so 
 solemnly pledged to the colored soldiers in its ranks. 
 
 Consistently with national faith and justice, we cannot relinquish this 
 position. With your authorities it is a question (jf property merely. It seems 
 to address itself to you in this form : Will you suffer your soldier, captured in 
 fighting your battles, to be in confinement for months rather than release him 
 by giving for him that Avhich you call a piece of property, and which we are 
 willing to accept as a man ? 
 
 You ceitainly appear to place less value upon your soldier than you do u[)on 
 ycur negro. I assure you, much as we of the novth are accused of loving 
 property, our citizens would have no difficulty in yielding up any piece of 
 property they have in exchange for one of their brothers or sons languishing in 
 your prisons. Certainly there could be no doubt that they Avould do so were 
 that piece of property less in value than five thousand dollars iu confederate 
 money, which is believed to be the price <if an able-bodied negro in the insur- 
 rectionary States. 
 
 Trusting that I may receive such a reply to the questions propounded in this 
 note as will lead to a speedy resumption oi" the negotiations for a full exchange 
 
EXCHANGE OF PRISONEiiS. 151 
 
 of all prisoners, and a delivery of them to their respective; authorities, I have 
 the honor to he, very respectfnllv, vour obedient servant, 
 
 13ENJ. F. r,UTLER, 
 Major (u/tcra/ and Coin'' r for Exchnvge. 
 Hon. RoHi'.in' OiiLu, 
 
 Commissioner for E.vchanirc. 
 
 Oflieial : 
 
 K. i). TOWNSEND, 
 
 Assistant Adjutant Ccncral. 
 
 OoM-EOKKATE StATH.s OF AMERICA, WaR DEPARTMENT, 
 
 Exchange Bureau, Rirhmond, A>/g2>st 10, 1S6 i. 
 
 Sir : You ha\'e several times proposed to me to excdiange the prisoners re- 
 spectively held hy the two bellif:^erents, officer for officer and man for man. 
 The same offer has also been mule by other officials having charge of matters 
 connected with the exchange of prisoners. This proposal has heretofore been 
 declined by the confederate authorities, they insisting upon the terms of the 
 cartel, which required the delivery of the excess on either side upon parole. 
 In view, howe\'er, of the very large number of pris(nicrs now held by each 
 party, and the suffering consequent upon their continued confinement, I now con- 
 sent to the above jn-oposal, and agree to deliver to you the prisoners held in cap- 
 tivity by the confederate authorities, provided you agree to deliver an equal num- 
 ber of confederate officers and men. As equal numbers are didivered from time 
 ." tim(% they will be declared exchanged. 
 
 This propos:d is made with the understanding that the otlicers and men on 
 li'ith sides who have been longest in captivity will be first delivered when it is 
 practicable. I shall b(! happy to hear from you as si)eedily as possible whether 
 this arrangement can be carried out. 
 
 Respectfully, vour obedient servant, 
 
 KOBEiri' OTLl). Agent far Ex'hange. 
 
 Alaj. .J(^ii.\ E. ^IiTJ-oRi), 
 
 Assista/it Assent for Exc/iange. 
 
 IfEAHlii AR lEttS DeI-'T ((K ViRfJIMA A.\i» NoRI'H CAROLINA, 
 
 August IS, 186 4. 
 Sir : 1 have the honor to enclose to you for your information a copy of a 
 letter from Captain John A. Wiuslow, of the United States ship Kearsarge, 
 forwarded to me by the honorable Secretary of the Navy. 
 
 I have the honor to be, verv respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 i\la/or (ie/tcral and Com^ r for Exchange. 
 lion. RORKRT ( )ri,l), 
 
 Comynissioner for Exchange, Kiclitnond, \ <l. 
 
 IlEADUlARTKItS DeI-'T OF ViRCIMA Ai\D NoRTH CaORLINA, 
 
 In the field, Virginia, August 18, 1864. 
 Sir : Your attention is called to the within communication of Brigadier Gen- 
 eral Wessels in relation to the money recently taken from the officers and pris- 
 oners of war in the hands of the confederate authorities. Most of the gentlemen 
 
152 EXCHANGE OF PRISONERS. 
 
 whose statements are appended are known to me, and I know they can be relied 
 upon. Of course tins money will be restored, and I only need to bring it to 
 your attention to Lave it done so. 
 
 Please return the papers, so that I may make a report. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BEN J. F. BUTLER, 
 31 a jar General and Corner for Kxclidngc. 
 Hon. li(ti;i;in' < )v\a), 
 
 C(ii!imissi()))fr lor E:rc/nn)ij;e, R/cItmo/nl, ! c/. 
 
 llKADQiiAirrF-RS Dkp't ok VirtciMA A.\n North Caholi.na, 
 
 Ai/giisf ]S, ISC 4. 
 
 Gexkral: 1 liave the lioudr to enclose to you a (vw of the applications 
 and orders about special exchanges, to which 1 wish to call your attention ; also 
 X copy of a letter written this morning to Major General Hitchcock, commis- 
 sioner of exchange at Washington, upon the subject of his indorsement " that 
 an exchange would be very desirable," and also a direction from the Secretary 
 of War upon the necessity of making some arriuigement about the treating of 
 our prisoners in cases of su})posed retaliation. 
 
 As these papers are original, may I ask you the favor that they shall be 
 leturned ? 
 
 I have the boner to b:\ vrrv re -[irct fully, vour obedient servant. 
 
 BENJ. F. imTLER, 
 JShijor (icncraf aixl CoDi'rf'or ]^.rcJia/ige. 
 Lieut. General GitAX'l", 
 
 Coinilg Armi'-s of the U. »'^'., Cit'j Vonil . 
 
 Nav\ 1)ep.\i;'1'.mi;\t, (.'o.M'tiDiiUATK Statk^s, 
 
 LliclnnonJ, Va., August 20, 1SG4. 
 
 Silt: In your othcial note of the 2d of October, 1S63, addressed to Com- 
 mander W. A. Webb, Confederate States navy, are the following paragraphs : 
 " Yesterday a list of the officers of the Atlanta held by the United States, 
 with an equal list now in confinement in the south, was forwarded to General 
 Meredith, United States agent for the exchange of prisoners, with a suggestion 
 that he should see Mr. Ould and propose an especial exchange in these cases, 
 general exchanging having been stopped for reasons unknown to me. If you 
 desire to forward a letter upon the subject to liicliraond, I will have it placed in 
 the hands of j\[r. Oald. You and your officers are detained in consequence of 
 the authorities at liichmond declining to respond to any actimi on the part of 
 ibis department to effect exchanges." 
 
 Neither this paper nor the proposition it embraces ever reached j\lr. Ould or 
 this department. Mr. Ould informs me that some six weeks ago he made a 
 verbal proposition to Major Mulford, an agent for the exchange of prisoners, 
 being ])reclu(b^d from commmiicating in writing with General Butler, to exchange 
 mutually all naval ofKcers and men, and to give an eq^uivalent to whichever side 
 might hold an excess. No notice Avhatever has been taken of this proposition. 
 
 A letter from j\[r. Fox, dated the 25tli of Jirne last, marked unofficial, and 
 addressed to Captain W. A. Webb, and which has been transmitted to me by 
 ( Jommander AVebb, Confederate States navy, contained the following paragraph : 
 
 " I again repeat, by authority of the Secretary of the Navy, that you and your 
 comra(Us can be exchanged collectively or individually at any convenient 
 southei-n port for naval ('([uivalents ; and that you may be convinced that the 
 
EXCHANGE OF PEISONERS. 153 
 
 responsibility of your future detention does not rest witli tins department, I 
 am authorized to forward your communication to ^Mr. INFallory, and if you see fit 
 you can send liim a copy of this note.'' 
 
 Regarding- this ])roposition as embracing the exchange of all our naval otKcers, 
 and as comnig with your authority, it is accepted ; and I will further propose 
 that it be extended to marines and all others in the naval service. To avoid 
 delay and the possibility of a misunderstanding of any desire for this exchange, 
 Lieutenant Conimaiuler Williams is released on his paroW to proce(>d to Wash- 
 ington and deliver this communication. 
 
 T am. respectfulh'. vour obedient ser\ant, 
 
 S. K. :\IAL1.()RY, 
 
 Sccrclar;/ of tJic Nan/. 
 
 Hon. (;iDK()\ WEi,i-t>, 
 
 Scrrelari/ of the Xarjj of the U. S.. lVt/s//i/>s^fo», D. C 
 
 S'l KA.Mi-.it Xkw York, Flai; ok Tinci:, 
 
 ]'arnia, T7/., A//g>i,st 22, 1SG4. 
 iS[R : Having been informed that ?iIajor Nathan Goff, a federal officer, is held 
 by the confederate autliorities in close coniinenn-nt, said to be in retaliation for a 
 ' prisoner similarly held by the United States authorities in the person of j\[ajor 
 riiomas ]). Armsby, Confederate States army, I now propose the release and 
 delivery to their respective governments of each of the above named parties 
 and in case you accept this proposition, will deliver to you on my next trip 
 Major Armsby. Will you do it ? 
 
 I am, sir, A'erv respectfully, vjur (obedient servant, 
 
 JOHN E. MULFORIJ, 
 Major a'tul Asslsfanl Agent lor PlrrJia/igc. 
 Hon. IvOBT. Ori.i), 
 
 Agent for E.ri/i(nigr, RicJnnoJ'il, ^C/. 
 
 [liKlovsiMiionl.] 
 
 I accept this proposition. 1 would further suggest tliat all dit'ticultics con- 
 nected with the detention of officers and men on both sides in close confinement 
 or irons can be satisfactorily adjusted on the basis herein indicated. Let all 
 prisoners of war on each side be released from confinement (close) or irons, as 
 the case may be, and either placed in the condition of other prisoners or sent to 
 their respective homes for their equivalents. 
 
 110. OULD, 
 Aiscvt for E.rc/iangc. 
 
 Rlill.MOM), Va., August 22, ISlM. 
 
 Sir : Enclosed is a copy of a comnuuiication which, on the lOth instant, I 
 addressed and delivered to Major John L. jMulford, assistant agent for exchange. 
 Under the circumstances of the case, I deem it proper to forward this paper to 
 you, in order that you may fully understand the position wdiich is taken by the 
 confederate authorities. 1 shall be glad if the proposition therein mai'.e is 
 accepted by your government. 
 
 Respectfully, your obedient servant. 
 
 Major (General E. A. HlT( ncocK, 
 
 U. iS". Commissioner for E.reJtangc. 
 
 RO. UULD, 
 
 Agent for Eschange. 
 
Lo4 EXCHANGE OF PRISONERS. 
 
 Washington, D. C, Septcmher 3, 18G4. 
 
 Slli: The propositiDii by Colonel Ould, of the 22d ultimo, indorsed upon a 
 lommunication from yourself, transmitted to this office in the following words, to 
 vit : that " all prisoners of war on each side be released from confinement (close) 
 )r irons, as the case may be, and either placed in the condition of other prisoners 
 )r sent to their respective homes for their equivalents," has been submitted this 
 norning to the Secretary of War, who directs that it be accepted. 
 
 Orders have been sent to Colonel Hoffman, commissary general of prisoners, 
 ,0 give immediate effect on our part to this accepted proposition, and you are 
 •cquestcd so to advise Colonel Quid, in order that no time may be lost in carrying 
 he proposition into effect on his part. 
 
 There has been some delay here in order to make the necessary inquires to 
 iscertain the individuals to be affected by the proposition, and I learn of but 
 ;hree prisoners on our side in the condition presumed by the proposition, to wit : 
 Daniel Davis, a lieutenant under sentence of a military court; Frank Battles, a 
 iaptain under special instructions from the commissary general of prisoners, and 
 VVm. McBlair, temporarily confined for an attempt to elude a hospital guard, 
 ^ou can furnish Colonel Ould with this statement, as an answer to his inquiry 
 ^\\ the subject. 
 
 We shall expect, of course, to be inbirmed within reasonable time of the full 
 completion of this business on the part of Colonel Ould, and that all prisoners 
 if Avar held in close confinement or in irons in the south are placed in the con- 
 lition of other prisoners. 1 take this occasion to remark that Colonel Ould ap- 
 pears to have been under a misapprehension with regard to the number of 
 prisoners of war held in close confinement on this side, as well as the reasons 
 2:overning particular cases. 
 
 Very respectfully, your obedioit servant, 
 
 E. A. HlTCllCOGK, 
 JSIdj. Gcii. of Val;<., LoDi' r far Euchangc or Prisoners. 
 
 Major ,Jciii.\ E. MuLi'ORD. 
 
 EiKTii Avenue Hotel, 
 Nc7c Yorl-, Septe7nhcr 5, 1864. 
 2\j the Editor of the Times: 
 
 Enclosed I send you a note from the agent of exchange of prisoners to the 
 confederate commissioner Mr. Ould, in reply to his offer to accept, in part, prop- 
 ositions made by me eight months since to exchange all prisoners of war hehl 
 by either belligerent party. 
 
 Witliout awaiting my reply, Mr. ( >nld lias })rint('(l his olfer, for which purpose 
 it seems to have been made. I am, therefore, driven to the same mode of placing 
 my justification of the action of this government in possession of the public before 
 it re;iches the confederate commissioner. 
 Respectfully, 
 
 BENJ. F. BUTLER, 
 ISlojor Lrcneral ami Cum'' r for Exchange. 
 
 Oki'ice Assis'iant Ace.n r for Exchange of Prisoner.s, 
 
 Fort Monroe, Va., Septcmher 8, 1SG4. 
 
 SiR: I am authorized to inform you of the acceptance by the federal author' 
 ities of your proposition for the release " of all prisoners of war on each side from 
 confinement (close) or irons, as the case may be, and either placed in th 
 
EXCHANGE OF PRISONERS. 155 
 
 ditioii of other prisoners, or sent to their respective homes for their equivalents." 
 Orders liave issued for carrying into effect this arrangement on our part. 
 
 I am also instructed to say, that after inquiry we learn of but three prisoners 
 on our side in the condition presumed by the pro])osition, viz: Lieutenant Daniel 
 iJavis, under sentence of military court. Captain Frank Battles, under special 
 instructioiis from commissary general of prisoners, ;ui(l Wni. ^McBlair, temporarily 
 confined for an attempt to elude; a guard. 
 
 I will thank you for a list of the prisoners held in the south to be aiVected by 
 this proposition, and a statement of your action in the matter. 
 
 Our authorities are of the opinion that you are under a misapprehension Avith 
 regard to the nund)er of prisoners of war held by them in close conrmemeut. 
 I am, verv respectfully, your obedient servant, 
 
 JNO. K. MULFORD, 
 j\Iajor awl Assistant Agent for ExcJiangc. 
 Hon. It. OiLD, 
 
 Agent foir Exchdiigc, Richmond, \a. 
 
 lIi:Ai)(ir.\itii;i{s DKP'r ok Viui.ima and Noirrii Carolina, 
 
 In the field, t^ejftemher'd, 1S(U. 
 
 Sii{: I {):-op;)se that the belligereut parties, waiving all other questions, shall 
 iiMin time to time exchange all sick and invalid otHcers and men who from 
 'Ai'iinds or sickness shall, in the judgment of the party holding them, be unfit 
 I'm- duty, and likely to remain so for sixty (GO) days. 
 
 1 make this proposition in order to alleviate; the sufferings of those unable to- 
 licar the confinement incident to a prisoner of war, and whose condition might 
 be benefited by tlie comforts of home, and medical treatment by their friends. 
 
 1 trust and believe that this measure of obvious humanity Avill meet your 
 agreement, as I am satisfied no advantage can accrue to either party by retain- 
 ing such men in confinement. As a further evidence of the strong desire on the 
 part of tliis government to expose their soldiers to as little hardship as possi- 
 ble, consistently with such action as they feel called upon to take to observe 
 their good faith, pledged alike to all soldiers, although it will involve the govern- 
 ment in a very considerable expense, yet. to save the sick and suffering a long- 
 and tedious transportation by rail, I will receive such invalid officers and sol- 
 diers of the United States as may be confined in the States of North and South 
 Carolina and Ceorgia at Fort I'nlaski, near Savannah, and will transport 
 thither any such invalids of the confederate forces as may be in our possession 
 who can b(; more easily carried thither. Other invalid prisoners in the western 
 (h'partment I will deliver at such ports on the Mississippi river as may here- 
 after lie agreed u^jou ; tin; invalid soldiers of the United States, to be received 
 in exchange therefor who are convenient to the points. Full rolls of the inva- 
 lids so exchanged to be ke])t, so that the e(|uivalents may be adjusted hereafter. 
 
 Asking as <'arly as possible attention to this proposition, I have the honor h> 
 be vour obedient servant, &c., 
 
 BEN.J. F. BlJTLEl.', 
 Ala'jor General and Covi r for ExrJiange. 
 
 Hon. Ii'oMKKT On, I). 
 
 lIi;Ai)ui:Aini',r{s l)i;i''r (ik N'iuijinia a\» Noinii Carulixa, 
 
 In the field, i-A'ptemher 9, 1SG4. 
 Sir: As by the act of the confederate authorities, passed in F(;bruary 17, 
 1SG4, "all white men residents of the Confederate States, between the ages of 
 
15G EXCHANGE OF TRISONERS. 
 
 seventeen (17) and fifty (50) shall be in the military service of the Confeder- 
 ate States for the war," I am instructed to notify you that all white persons 
 between those ages, residents of the Confederate States, captured by our forces, 
 Avill be held and deemed to be soldiers of the confederate army, and will be 
 treated as prisoners of war, and held for exchange. 
 I have the lionor to be, verv respectfully, 
 
 BEXJ. F. BUTLER, 
 Mnjor General mtd Corner for Exchange. 
 lion. K. Ori,!>. 
 
 UllAIMUAUTKItS l)|-,r''r OF ViKGIMA AM) Nt)ir]'H (^' AUOLIX A, 
 
 In tin- field, ^epiemhvr 9, 1SG4. 
 Siu : I ha\'e the honor to propose an e.xchange of all persons captured by one 
 belligerent employed in the merchant or transport service of the other belligerent, 
 men under charges of crime alone excepted, to be delivered for exchange at 
 such convenient points as may hereafter be agreed upon. 
 
 I have the honor to b;', verv re^pRctfu'lv, vour obedient servant, &c. 
 
 P.ENJ. F. 15U1LE1J, 
 Major Clnirral (i7)d Com'' r for E.rchange. 
 Hon. Ik(>!!K!!'l' ( )v\.\). 
 
 lllCADUtAin i;i!> !>i',e'T of \'lli(ilMA A.\i> NoiiTII CAr!oiJ,\A, 
 
 111 the fivhh Si]>le))ther 9, 1804. 
 Chv\El{AL: I forward you a copy of informal impiiries, made by the confed- 
 <-rate agent of exchange of me. Please at the earliest moment possible furnish 
 me with full official data, by which I shall be able to make intelligent answers. 
 1 think they can be advantageously used in my negotiations Avith the con- 
 federate commissioner. 
 
 1 have the honor to be, Acrv res])ectfully, your obedient servant, &c., 
 
 BEN J. F. BUTLEB. 
 JMdjor (!e)ieral and Com' r for Exchange. 
 ]MaJ()r General IIlTi'lIcocK, 
 
 Av;cnffor Exchange, ^Yashrnglon, D. C. 
 
 Dr. Alexander Greenwood, recruiiing in jMason Co., Tcnmessee, on the 2Stli 
 September, .1 SGo, Avith his friend Campbell, Avas shot after capture, Campbell being 
 killed, and GreeuAvood badly Avounded in thi' head, and arm l)roken. This 
 Avas done by a regiment of Kentucky troops. 
 
 Lieutenant Petticord, of i\rorgan's command, and several others, Avere shot just 
 before Christmas, 1863, by the 71st Ohio regiment, under special orders from 
 Brigadier General E. A. Paine, Avithout trial. There is a Avitness Avho saAV the 
 dead bodies after execution. 
 
 Surgeon D. D. Carter, Grigsby's Kentucky cavalry, is now in confinement in 
 Foit Lafayette. He Avas captured in July, 18C.3, and has been held ever since 
 in one prison or another. AVhy is this? JMnjor W. J. Elliot is in solitary 
 confinement at Fort Delaware. He is an oilicer of the confederate service. 
 AVhy is this? 
 
 Captains D. C. D^aiglas, Davis, Smith, and Miller are in solitary confinement 
 at Johnson's island. Witnesses have been there. Why is this ? 
 
 Einbert, Hearn, and Lyon, recently condemned to death as spies in Mary- 
 land, are regularly enlisted in company B, Maryland (Baltimore) cavalry. They 
 
EXCHANGE OF PRISONERS. 157 
 
 left in March last, to visit their n;hitions in jMaryhmd, expecting- to return in a 
 short time. They were arrested. In no sense are they spies. This can be 
 proved, llog-ers, the other convicted party, is a blockade runner. 
 
 Is it intended to visit with the death penalty such an offence, if it be one? 
 If these men have not been executed, what is proposed to be done with them ? 
 Jfr. Huddleson, a citizen of Prescott county, Virginia, an old man, has been con- 
 fined for a year in camp Chase. He is perfectly harmless, and I am satisfied 
 if his case is looked into he will be released. lie is charged with no offence. 
 
 It is represented that Mr. Lamar of Tennessee (formerly an editor) was shot 
 at Fort IMcIIenry, about the 15th of July last. Will you please make inquiry 
 into the fact ? John 11. Bowers, and Philip Trammell, regular confederate sol- 
 diers, belonging to Colonel Moseby's command, have been sent to the Albany 
 penitentiary, for what term I am not informed. These men are as regularly in 
 our service as any soldier in General Lee's army. Why is this done? Unless 
 these men are released, prompt and efficient measures of retaliation will be taken. 
 This is not the first time Moseby's men have been so treated. Uidess they are 
 released, Maj(n- Forbes and Captain Manning, of the •2d Massachusetts cavalry, 
 will be sent to a similar place of confinement. 
 
 HkaDUT Alt'lKUS Dep'T of VlU(ili\IA AND NoKTH CAROLINA, 
 
 In thejidd, Septemher 10, 1864. 
 SiK: Will yoii please inform me if William S. Collins, company B, 2Sth 
 Massachusetts volunteers, is a prisoner in the hands of your authorities; and if 
 so, h's whereabouts and present condition ? 
 
 I have the honor to be, your obedient servant, &c., 
 
 BEN J. F. BUTLER, 
 Major General and Coiner for Exchange. 
 lion. Roij't Ould. 
 
 IIkAUUL'ARTI'.RS L)EI''T of VlR(iI.\IA AND NoRTM CaROLIXA, 
 
 ]n thejield, Septemher 10, 1SG4. 
 
 1 'lease have [tut forward Lieutenant George Lemmon, aide-de-camp to General 
 Archer, confederate forces, now at Johnson's island. Lieutenant Lemmon 
 afforded much kindness to Union prisoners in Richmond. 
 
 BENJ. F. BUTLER, 
 Major General Caininanding. 
 Coloiud Hoffman. 
 
 Officii Assif^r. xVofnt for Ex(han(;k of Prisoners, 
 
 Fort Monroe, Va., Septeuibcr 1.3, 1SG4. 
 ( I FN KRAI.: 1 have the honor to forward for your information copies of cor- 
 respondence between myself and Hon. Robert Ould, agent for exchange, Rich- 
 mond, Virginia, on the subject of the release of prisoners in confinement (close) 
 or irons, my letter being based upon instructions contained in yours to me of 
 September 3, 1864. 
 
 I am, very rcspectfullv, your obedient servant, 
 
 .JOHN E. MULFORD, 
 Major and Assist. Agent for Kxchangc. 
 Major (Jeneral Hitchcock, 
 
 Coni'r Exchange oj' Prisoners, Washington, D. C. 
 
158 EXCHANGE OF PRISONERS. 
 
 CONFRDEKATE StaTES OF AMERICA, 
 
 War Di'jnirtmcHt, Richmond, Va., September 12, 18G4. 
 
 Sir : Your comiuunication of the lOtli instant, accepting a proposition made 
 by nie some time ago, that " all prisoners of war on each side be released from 
 confinement (close) or irons, as the case may be, and either placed in the con- 
 dition of other prisoners or sent to their respective homes for their equivalents," 
 has been received 
 
 Yon do not state whether these parties are to be mutually surrendered or to 
 be held as prisoners of war. I Avould ])refev that they should all be delivered, 
 the party having the excess to receive proper equivalents. Please inform me 
 what is the understanding in this respect. You are very much mistaken in 
 .supposing that there are only three jtrisoners held by the federal authorities in 
 close confinement or irons. Besides those named by you, there are George P. 
 iSims, W. S. Burgess, John Marrs, and Thomas ^I. Campbell, at Johnson's 
 island, and Captain Gordon, at Fort Delaware. 
 
 I was also notified on the ISth of July last, that "the commanding oificer at 
 Fort Delaware had been ordered by the Secretary of War to place Captain 
 James P. Brown, company K, Tennessee cavalry ; First Lieutenant B. J. 
 Brailford, company E, 1st Texas; First Lieutenant 11. H. C. Bailey, company 
 A, Foster's cavalry ; and First Lieutenant A. W. Dozier, company F, 6th South 
 Carolina cavalry, in close confinement, (in cells.") I am quite confident also 
 that there is a number of our ofiicers and soldiers in close confinement in irons 
 or at hard labor at Alton. 1 think some will also be found at St. Louis and in 
 other prisons east and west. 
 
 Since the receipt of your communicatiun 1 have received one from General 
 liutler in relation to the same subject matte)-. He proposes to except from the 
 operation of the agreement " those under charges or regularly convicted before 
 some competent tribunal of offence known to municipal laws, the laws of nations 
 or of war." This offer I cannot accept. Have you one confederate soldier in 
 close confinement or in irons who is not under charges or has not been regularly 
 convicted ? Is there any probability that we will ever agree as to the true 
 interpretation of the " laws of nations or of war ?" We have not yet, and never 
 will. I have no objection to the proposition as far as it relates to "municipal 
 laws," for the confederate government has always held that soldiers are re- 
 sponsible to the proper authorities for crimes committed by them before or after 
 cajiture. 
 
 I sincerely hope that in this matter we will have no niisundcrslanding. It 
 is my desire that all on both sides who are in close confinement or in irons shall be 
 be immediately released and put in the condition of other prisoners of war. 1 
 make no exce})tions, save where the officer or soldier has offended against muni- 
 cipal laws. 
 
 I will thank you to communicate the proposition contained in this letter to 
 (ieiunal Hitchcock, and let me know at an early date whether it is accepted by 
 your government. 
 
 Ilespectfully, your obedient servant, 
 
 RO. OlJLD, Agent for E,rrhang(;. 
 
 .Major Joii.N E. Mi'LFoiiu, 
 
 Assistcmt Agent for Exrhangc. 
 
 IlEADQUAf/rEIiS Dep't OF ViRfil.MA Ai\n NORTH CaROLIMA, 
 
 III tlic field, Virginia, SejHfiuher 13, 18C4. 
 Sir : 1 have the honor to enclose herewith five pi'opositions as to matters re- 
 lating to the exchange of prisoners made by me to Mr. Ould, together- with a 
 printed copy of my note of August 27, also forwarded to him. 
 
EXCHANGE (IF rKLSOXERS. 159 
 
 I have as yet received no tornial aurfwer to either of my propositions, but I 
 am informed, unoilicially, that the proposition to exchange invalid prisoners will 
 be accepted, and that I may prepare and send down to Fort Pulaski transpor- 
 tation for at least (5,000) five thousand invalid men forthwith. This I shall at 
 once proceed to do to make all possible provision for the comfort of our sick 
 soldiers. If my action is apjjroved, ])lease direct the Commissary General of 
 Prisoners to inform me at what points, and how many of the confederate inva- 
 lids, not fit for service within (GO) sixty days, will be ready, that my boat may 
 ; like them for delivery. As soon as they can begot ready I })ropose to take 
 I hem down by the same transportation that brings our men up. 
 
 Perhaps it may not be out of place to say that all these propositions received 
 the sanction of the lieutenant general commanding. 
 
 If my action is approved, I pray early attention on the part of the Commissary 
 (i(Miera'l of 1^-isoncrs, as I will endeavor to be ready to move tlie confederate 
 sick as soon as they are ready for me. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLEIJ, 
 Major GoH'.ral and Cnvi^ r for Errhavgc. 
 
 Hon. E. M. Sta.\ti)\, 
 
 Secretary of Tl'c/r. 
 
 Washi.\gto\ CiTV, D. C, 
 
 Septcmhcr 17, 1S64. 
 
 HiR : In answer to your letter of the 9th instant, transmitting certain (jues- 
 tions proposed by Mr. Onld, I iiavc the honor to enclose all of tlie information 
 ill ni}' power, in the paper signed by Cidonel Hoffman. 
 "N'erv resjiectfully, voin- obedient servant, 
 
 E. A. lirrCHCOCK. 
 Major General of Volunteers. 
 Maj. Gen. P.. V. P.rTi.KU, U. S. A. 
 
 Oki-ick Commissary General of Puis-oxkrs;, 
 
 Washington, D. C, September 17, 1S64. 
 
 (rEXERAL : I have the honor to enclose herewith a memoraudum, in reply to 
 the inquiries made by the rebel agent thnnigh Major General Butler, com- 
 missioner for exchange, for information in relation to certain rebel prisoners in 
 our hand.s — Dr. Alexander Greenwood and Campbell. 
 
 Nothing is known to this office of the transaction referred to. Eieutenant 
 Pctticord, of Morgan's connnand, and seven others — no record of this transac- 
 tion. Surgeon I). 1). Carter, of (Jriirsby's Kentucky cavalry, known on the 
 rolls as Charles Drake's guerilla company, Kentucky cavalry, was cajjtured on 
 blockade runner Whistle, June 4, 1^>G4, not 1SG3, and is held as a prisoner of 
 war. ]\Iajor W. P. Elliott was placed in close confinement at Fort Delaware in 
 retaliation for similar confinement of Major Gofi", of the 4th West Virginia cavalry, 
 at Richmond. On August 19 he v.as released from close confinement and sent 
 to the hospital in consequence of ill health, and Major Mills was put in his 
 place, but on the 3d of Sejjteinber he and all other prisoners in close confine- 
 ment were ordered to be released and placed on the footing of other prisoners 
 of war. Captains I). C Douglass, Davis, Smith, and Miller are in solitary 
 confinemeut at Johnson's island. Why is this? 
 
 There is no Captain Douglass at Johnson's island, and no D. C. Douglass. 
 There are several prisoners of the name of Douglass, but none in close confine- 
 
IGO EXCHANGE OF PRISONERS. 
 
 meat. There are several Smiths and several Millers at Johnson's island, but 
 none inclose confinement. There were three men there recently under sentence; 
 they Avere not officers, and are now held as other prisoners. Emhert, Hearn, 
 Lyon, and Rogers are charged with acting as spies Sentenced to be hung on 
 the 29tli of August, ISG-l, as promulgated in General Orders No. 61, depart- 
 ment headquarters, dated Baltimore, j\Iaryland, Augusts, 1S64. .Sentence com- 
 muted by the President to hard labor in the penitentiary at Albany, New York, 
 during tlie Avar. Transferred, in charge of Lieutenant Arthur Morris, to the 
 penitentiary at Albany, New York, September 4, 1864, pursuant to Orders 
 No. 274, War Department, Adjutant General's office, Washington, D. C, 
 August 3, 1SG4. William Huddlestnn, 1st lieutenant loth Arkansas cavalry, 
 company A, captured at Natchez, Mississippi, January 3, 1864, transferred from 
 Camp Chase to Fort iJelaware, Avhere he is held as a prisoner of war. Lieu- 
 tenant Colonel Eugene Lamar, 4th Louisiana infantry, captured in Baltimore 
 December 29, 1863, as a supposed spy. Escaped May 15, 1864. 
 
 John IL Barnes and Philip Trammell were sent from the Old Capitol prison 
 to the penitentiary at Albany, under sentence of general court-martial, per 
 general court-martial orders. No. 202, of War Department, Adjutant General's 
 office, dated July 22, 1864. 
 
 I am, general, very respectfully, your obedient servant, 
 
 W. HOFFMAN, 
 (Jvlond od Infantry, Commissdnj General of Prisoners. 
 
 Major General E. A. Hitchcock. 
 
 Comni'r for Exchange, Washington, D. C. 
 
 P. S. — Since Avriting the foregoing, by your instructions of this date, the 
 prisotiers Avho Avere released from close confinement on the 3d instant, under 
 the proposed arrangement Avith the rebel authorities, that all prisoners so held 
 should be released by both parties, have been returned to close confinement, 
 except in the case of Major Mills, Major Goff having been exchanged, the 
 rebel agent having deferred action on the proposition. 
 
 W. H. 
 
 Headuuartrrs Dep't of Viroima and North Carolina, 
 
 In the field, Sejjt ember 18, 1864. 
 
 Sir: I have the honor to call your attention to the letter of the 3d of Sep- 
 tember, of ]\Iajor General Hitchcock to Major Mulford, and also to the reply of 
 Mr. Ould thereto, under date of September 12. 
 
 The proposition of Mr. Ould, to Avhich General Hitchcock's letter is an ansAver, 
 and an acce[)tance was made to me, and I replied to it as follows, carefully 
 guarding the reply by excepting those under charges, or regularly convicted 
 Ijefore some competent tribunal of offences knoAvn to municipal law, the hiAA'S of 
 nations or of Avar. General Hitchcock seems to have made no such exception 
 in his acceptance. Does General Hitchcock mean that all the prisoners of war 
 whom Ave have convicted of offences shall be released, treated as prisoners of 
 AA'ar, or sent home for their equivalent? 
 
 Unless this is the desire of the department, ami it is intended so to release 
 thes(! men we have under conviction, the proposition of General Hitchcock ap- 
 pears to be not sufficiently guai'ded. I am sorry General Hitchcock did not 
 luldress his communication to me instead of Major Mulford. Mr. Ould has been 
 in the habit of addressing his communications to Major Mulford upon some 
 supposed freak of non-recognition of myself as agent of exchange. 
 
 But suppose such reason does not exist for the action of General Hitchcock, 
 ind take it to be a mere oversight. It Avill be seen that Mr. Ould is Avilling to 
 
EXCHANGE OF PRISONERS iGl 
 
 make exceptii)ii of tho.st; convicted or held iiiulor cliarj^is oi' hrcuelics of muni- 
 cipal law, but not of tiu; laws of war or of nations, and lie fxjircssly ])ut.'^ into 
 iliis oxcf'ption whether the Ijreaches of municipal law nceurred before or after 
 the capture of the prisoners of war. "* 
 
 111 that sentence of ^Ir. Onld there is ground for very careful reflection, be- 
 cause the Confederate States hold that the freeing of slav(!S is a breach of their 
 uHuucipal law, and they may claim to hold any one of our prisoners of war as 
 excepted from tlie proposition because of some suj>posed breacji of their laws in 
 regard to slaves. Indeed, that is the very ground of Davis's proclamation in 
 II gard to turning over officers of the United States to the governors of the 
 M veral rebel States for punishment; and I think that before we should agree to 
 I he proposition finally, this matter should be very carefully scanned and critically 
 examined. To do this certainly will require the application of a single mind 
 to the business of negotiation, or, if more than one; mind is brought to bear upon 
 it. they must be minds acting in concert and making propositions upon careful 
 consultation. 
 
 Tlierefore, 1 respectfully ask that the propositions of General Hitchcock may 
 Im- submitted to me before being sent, so that we may not be, apparently, at 
 cross purposes in our negotiations. 
 
 Awaiting instructions, 1 have the honor to be. very respectfully, your obedi- 
 ent servant, 
 
 BENJ. F. BUTLER, 
 
 lion. Eiiwi.N 31. Stantoa", 
 
 Sccrelarij of War. 
 
 [ Hy 'l\'!egTai.ib iVoni Wasbiugtoi], U. C] 
 
 United States Telegraph, 
 
 Sejilcrnber 22, 1864. 
 To Major General Bi tleu : 
 
 You are authorized by the Secretary of War to recruit a regiment of volun- 
 teer inf.mtry at Point Lookout, as requested in your letter of September 15. 
 The term of service will be for one, two, or three years, as the men may elect. 
 Uecruitment, reorganization, and muster to conform to existing regulations. 
 
 Gfilcers will be appointed in accordance with the requirements of circular 
 No. (02) sixty-two from this office. Arms and other supplies will be furnished 
 on your requisition. 
 
 So soon as recruited the regiment will be reported to the Adjutant General, 
 with the view to its being ordered to the northern frontier. 
 
 THOMAS M. VINCENT, 
 
 Assistant Adjutavt iicnrrul. 
 
 Headui Airi'Eits l)Ei''r oc \' iucima and Ndkjij Carolina, 
 
 In the field, September 24, 1SG4. 
 Official: 
 
 ISRAEL 11. SEALEY, 
 
 Capt.aai and A. A. G. 
 
 1 1 1; A I) ti r A liT 1 ; n s A r .m \' o f 'i' 1 1 k J a m e s , 
 
 Sej)te?nher 23, 1864 — 11 a. m. 
 Major ■\lulford h'aves City Point this morning with six hundred (COO) officers 
 and soldiers, mostly disabled, except in case of special exchange. There are 
 at least (GOO) six hundred more in and about Richmond for another load. 
 n. Ex. Dor. 32 11 
 
1G2 EXCHANGE OF I'RISONEKS. 
 
 Please get ready (600) six hundred of disabled cunt'ederate.s cither ar. Poiut 
 lii^okout or Fort Delaware, preferably the latter, for return trip. 
 
 Nearly (30) thirty died out of (500) live hundred in the last load. Instruct 
 'the surgeons to send none who are in tba! condition. The occurrence does not 
 spfak well either for the government or its othcials. 
 
 The rebel commi.-^sioner of excliange agrees to deliver us at Fort I'lilaski all 
 the sick in Georgia by the tenth of next month, to the number of at least (5,000) 
 live thousand. I am preparing transportation for (5,000) five thousand disabled 
 confederates, to be carried do\\n by the same transports that bring ours up. 
 Please assemble them from the various camps and hospitals to points where they 
 can be reached by the boats, and notify me. 
 
 I have the honor to be, very respectfullv, your obedient servant, 
 
 BENJ. F. BUTLEU, 
 AInjnr ( i ever al ami Coni'r for I'lxcJia/ige. 
 (Jolonel Hoffman, 
 
 Commiasar]! Gcncnil of Pn.'iojuis, Wo s/i /!'<:; ton, D. C. 
 
 IlKAnQUARi'i'.RS Ak1\1Y OF THIO JaWES, 
 
 Sej)lemhcr23, 1864 — 8.30 ^a hi. 
 
 I have made arrangements with Mr. Ould to give me at least (5,000) live 
 ♦.liousand of our sick men in Georgia and South Carolina, and take what equiv- 
 alent we may have. I have offered to take them at Fort Pulaski as an act of 
 humanity, because I think that railroading through the confederacy, with such 
 •jccommodations as they would get, would bring many of them to their death. 
 lie will receive on the Mississippi or its tributaries, at such points as may bo 
 agreed upon, all the sick we may have at the western camps, and will be glad to 
 do it for the same reason. After the boat load up the river, we may as well sond 
 our balance down with the same transportation to Fort Pulaski. 
 
 Please advise me, looking on the matter in the light of this despatch. 
 r have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Major General and Corner for Exchavgr. 
 Colonel Huffman, 
 
 Com. Limcra] of Pn.soix IS, \\ nsl/iiis^/fj)!, 1_). (J. 
 
 HKADQtlAR TRIiS Dkf'T Vin(ii:\IA A\D XoUTlI CaROLUXA, 
 
 ^qytcmher 28, 1864—8.15 ]). vi. 
 
 The (1,000) one tliousanu invalid prisoners of which you spoke better bo sent 
 lo Point Lookout. I will see that they are furnished with transportation to Fort 
 Pulaski. On the going up of the flag-of truce boat I will arrange with Mr.' 
 Ould as to where hi' will receive the invalid prisoners on the Mississippi. 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Major General and Conir for Exe.liangc. 
 (.'oloncl lIoFFMA.M, 
 
 Com. General of Prisoners, Was/iinglon, D. C. 
 
EXCHANGE OF PRISONERS. 163 
 
 Hkadquarters Army of tub James, in the Field, 
 
 Jlnction ok the Vaiuna and New RIahket Roads, 
 
 t-'rpt^'mhcr 27, 1S64 — 1.45 7^ vi. 
 Please send nie any man of equal rank in cxchani^c for Captain Ive.s. He 
 has been lono; in prison, and I think he deserves it. 
 
 BENJ. F. BUTLER, 
 Major General and Com'' r for Exchange. 
 Cokmel HoffmAi\, 
 
 Cam. General of Prisoners, Washington. 
 
 IIeadui-arteus Dep't ok Virginia and North Carolina, 
 
 In, the field, ISeptemhcr 27, 1SG4. 
 General: Despatch received. Please understand that (Juki will give us 
 the five thousand, whether wo send down so many sick or not, if we send 
 those that we have on this coast, and afterwards those in the interior, as many 
 as we can. 
 
 BENJ. F. BUTLER, 
 Major General and, ConiW for Exchange. 
 Colonel W. Hokk.man, 
 
 Com. General of Prisonrr.<;, \Vashmstt>7/, D. C 
 
 [Telegram ] 
 
 IIeaduuarters Dep't of Virginia and North Carolina, 
 
 //;. the field, ^rptemhcr 27, 1864. 
 ^lajor Mulkord, Fort Monroe: 
 
 Get a full load of prisoners eitlu-r at Fort Delaware, Point Lookout, or Fort 
 McHenrv. 
 
 BENJ. F. BUTLER, 
 Major General and, Corn'r for Exchange. 
 
 IIeaduuarters Army ok the James, 
 
 SejJtcml^cr 30, 1864— 7.50 ^. w. 
 
 Telegram received. Captain Ives will be exchanged. Surgeon Bentley 
 shall be brought to Mr. Quid's notice, if I can find him. 
 
 I have the honor to be, very rcspeetfullv, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Major GcneraJ, Commanding. 
 > '.ilonel W. ILiFFMAN, 
 
 Com. General of Prisoners, Washington, D. C. 
 
 Ueadciuarters, Junction Varina and New Market Roads, 
 
 In the field, October 4, 1864. 
 
 1 am informed that certain prisoners of war are now employed at labor in 
 making army material for your forces. It is so published, without contradic- 
 tion, in two Richmond journals. 
 
 If this be so, the practice must cease. This government havu never (employed 
 prisoners of war iu any other work than that which contributed to then- own 
 comfort and convenience. If this fact is not either officially denied or assur- 
 
164 EXCHANGE OF PRISONERS. 
 
 ant!cs given that it will be stopped by .your authorities, 1 shall be compelled 
 to employ an equal or greater number of yovir men, prisoners in my hands, in 
 the manner judged by me most advantagoons to my army, as you have done 
 ■with ours. 
 
 I have tlie honor to be, very respectfully, your obedient servant, 
 
 BEN J. F. BUTLEIl, 
 Major Gciicrol and Cnni'r for Exclian^r 
 RonKiiT OuLU, Esq., 
 
 Commissioner Jar E.t( fiange. 
 
 L\' T}IE FlKLL), UeAUUAUUTBIJ.S, 
 
 JunctuiH of Vurina and New Market Roads, October 4, 18'J4. 
 HiR: M;ijor ]\Iulford, my assistant agent of exchange, has at Variua about 
 (700) seven hundred invalid prisoners for delivery. 
 
 For obvious reasons, they cannot be received by you there, and in the jjresciil 
 state of the roads it would be cruel to transport them far by wagons. 
 
 I would suggest that they be delivered at Port Walthall, at the sann; point 
 where it is proposed to deliver the naval prisoners. 
 
 If so, the prisoners will be delivered there at any hour you may name. 
 We will also receive yours at the same point. Or, if you prefer, we will de- 
 liver at the point on the New Market roads between the pickets. 
 Respectfully, vour obedient servant, 
 
 BEN.l. F. BUTLER, 
 Major deneral and Com' r for Exchavgc. 
 Rohekt Oi;ld, Esq., 
 
 Commissioner for Exchange. 
 
 HEAUtllARTKK.^^ ArMV OF THE JaMES, 
 
 October 5, 1864 — 5.30 j). m. 
 
 Reverend Isaac Wholly will be forwarded. 
 
 BENJ. F. BUTLER, 
 Major General and Com'' r for Exchange. 
 
 Colonel HOFKINIAN, 
 
 Commissary cf Prisoners, Washington.'' D. C. 
 
 Headquarters Ar.mv of the James, October 8, 1864. 
 Lieutenant Colonel Mulford leaves Varina to-morrow morning Avith (1,300) 
 thirteen lunulred prisoners, officers and men. He will be at Annapolis on the 
 10th. I desire all the sick and disabled up to (600) six hundred to be got ready 
 at once, so as not to detain his boat. 
 
 rieasc inform Colonel Mulford, at Annapolis, at what ])oint he Vi-ill get them. 
 I further desire that the sick and wounded of the confederate prisoners this side 
 of the mountains be gathered at once at Baltimore, Fort Delaware, and Point 
 Lookout, so that they may be taken to Savannah and exchanged for our men. 
 Please notify me at what time they Avill be ready, and I will provide trans])Oi^ 
 tat ion. 
 
 The sjx'cial exclianges. so far as possible, have been effected. 
 
 BENJ. F. BUTLER, 
 Major General and Coin r for Exchangc^ 
 Co!oil(d IldFFMAM, 
 
 Commissary Gentral (f Prisoners. 
 
EXCHANGE OF PRISONERS. 165 
 
 IIi;Ai)uuAif'Pi';u,-5 NEAR Vaiuma, 
 
 October 7, 1864—7.30 a. m. 
 
 Despatches relating to Lieutenant Colonel Herbert, Captains McBetli, Norrls, 
 inil Hem V, recc-ived. and the propositions will be sent to ]\[r. Ould. 
 
 BEN.T. ¥. BUTLER, 
 Alc/jor (><i/i'r(il. (iixl Com'r for E.rcJ/avm^ 
 (jolonel IloKKMAiX. 
 
 FlKAnQIIAR THUS AlJMV OF THK jAiMKS, 
 
 In thrjidd, October D, ISG4. 
 Sir: An attempt, was made this rnorning by private Iloucher, company B, 
 ith Pennsylvania cavalry, to commit a rape on thi^ persons of Mrs. ]\Iii)sen and 
 Virs. Anderson, living on the Darbytown road. 
 
 Oa the outrage being discovered he broke through our picket line and fled 
 or your lines. Our soldiers chased him, but were unable to overtake him. 
 
 I have therefore the honor to request that you Avill return him, that I may 
 nflict the punishment that his dastardly offence merits. 
 
 I cannot be responsible for the good conduct of my soldiers if they are to 
 ^nd protection from punishment by entering your lines. 
 
 I have the honor to be vour obedient servant, &c., 
 
 BENJ. F. BUTLEll, 
 Major General and Coiiir for Exchange. 
 Hon. Robert Oild, 
 
 Commi.'ixi.onrr f>r E.rrJiavi;e. R)c7iinond, Va. 
 
 War Department, 
 
 Wasliinglori Cifj/, October 10, 18G4.. 
 
 General: With reference to your communication of the ISth ultimo, in 
 vhich regret is expressed that in certain correspondence between General Hitch- 
 ock, Jlajor ^lulford, and Commissioner Ould, GencM-al Hitchcock did not ad- 
 li'ess you instead of Major Mulford, I have to state that General Hitchcock 
 eports that, though on the occasion in question he was referred to by Major 
 ^lulford. during your absence from your habitual station, yet all his communi- 
 ations to Major ]\Iulford have been intended for yt»n, and in mfsst of them it 
 lad been so stated. 
 
 I am, general, \rv\ respcctfuUv, vour obedient servant, 
 
 C.A.DANA, 
 Assistant S(crrt(f.rjj of War. 
 Major General B. 1\ Buteeh, 
 
 Commanding Dcp^t of Virginia and North Carolina. 
 
 IIl'.AOUl ARTERS AlJMII'.S OF THE U.MTEI) StATES, 
 
 Cit)j Point, Va., Odohcr 11, 1SG4. 
 
 Ge.neuae: 1 enclos(! you the letter of the Pn^sident to me, together with all 
 )ther papers relating to the exchange of naval prisoners of war now in the 
 Fames river, and turn the whole matter over to you to conduct. 
 
 In onr conversation yesterday I explained the point in Secretary Welles's 
 torrespondonce which the President was afraid might involve us in trouble if 
 
106 exchangp: of pkisoners. 
 
 retained by him. Jn conducting this exchange, ignore all that has been done 
 heretofore in the matter, but make the exchange man for man, yielding no point, 
 before insisted on. 
 
 Very respectfully, your obedient servant, 
 
 U. S. GRANT, 
 Lieutenant General. 
 Major General 13. F. Uutleh, 
 
 Con) nun I ding Army of the James. 
 
 HEADQtJARTiillJS AkMV OK THE JAiMKS, 
 
 October 12, 186 4. 
 
 Sir : I enclose marked copies of the Ivichmond En(iiiirer of the 12th, sho^Y 
 ing that the officers paroled at Charleston an; ordered into service by the con- 
 federates. Ought there not to be some declaration on our part 1 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLEll, 
 Major ih/icral Co7n7na.ndini{. 
 
 Col. W. HOKFIMAN, 
 
 CoTnnii.'<.<ia.rij General of Prisoners. 
 
 ILEADUlMiriKKS AlJAlV oK THE JVAIE.'^, 
 
 Oclohcr 12, 1SG4. 
 Commanding Officer Confederate Forces on north side of James ricer : 
 
 I scud a flag of truce herewith, under charge of Lieutenant Colonel Kensel:' 
 inspector general, for the purpose of conveying to the lion. Robert Ouhb 
 agent of exchange for the confederate forces, certain communications which 
 Lieutenant Colonel Kensel will hand you, also a package of letters, such as 
 usually go by a flag of truce, and also to inform you that a flag Avill bei*eceiv((l 
 from you to convey the replies, at or near the same point. 
 
 I have the honor to be, very res])ectfullv, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Major General Commanding. 
 
 Navy Dei'aktiment, 
 
 Washington, D. C, October 10, 18G4. 
 Sir: With regard to the proposed exchange of naval prisoners, the depart- 
 ment desires to call your attention to the case of the officers and crew of the rebel 
 steamer Alabama, whom Ave regard as prisoners of war, and hold that we are 
 entitled to equivalents for them. The principal focts are stated in the accompa- 
 nying copy of a hotter addressed, on the 27th of August last, by the Assistant 
 Secretary of the Navy to Major General Butler. 
 
 It is sujijtosed ('aptaiu Melancton Smith has turned over to you the scAcral 
 letters of this department respecting the proposed exchange. In addition to those 
 therein mentioned as on parole, seventeen others of our seamen, captured in the 
 Queen City, have reported themselves at Mound City, having been paroled. 
 Very respectfully, 
 
 GIDEON WELLES, 
 
 Secretary of the Navy. 
 liieut. Gen. U. S. Grant, 
 
 Commander-in-Chief, ^r., C'lty Point, Va. 
 
EXCHANGE OF rRISONERS. 1G7 
 
 Navy DKrART.MKN'i-, 
 IVas/iington, D. C, Ju'y 27, 1SG4. 
 
 Sir : Yoii am doubtless f'urni.sliod Avith the circumstances connected with the 
 destruction of the Ahibama by tlie Kcarsarge. Tlie Alabama surrendered to 
 the Kearsarge, but before she could be taken possession of, sunk from the 
 wounds received in the engagement. Some of her officers and crew were res- 
 cued by the Koarsarge, others were picked up by the British yacht Deorhound, 
 and carried to England, and a {ew succeeded in reaching the coast of France. 
 
 Although a large number of them did not come into our pjssession actually, 
 they had been surrendered to ns and must be looked upon as prisoners of war, 
 as much so as were the officers aiul crcAv of the United States steamer !Merce- 
 dita, which surrendered to the iron-clads that came out of Charleston in Janu- 
 ary, 180.3, who, although they were not taken possession of, were regarded as 
 prisoners of war, and Avere duly exchanged, we having equivalents for them. 
 
 Will you, in behalf of this department, bring this matter to the attention of 
 (Colonel Ould, agent for exchange, and notify him officially that the officers and 
 crew of the Alabama at the time of her surrender are regarded by this govern- 
 ment as prisoners of war, and that we shall expect in exchange for them their 
 equivalent of our officers and seamen im])risoned in the south or on parole. I 
 enclose herewith copies of the report of Captains Winslow and Semmes relative 
 
 Mie action, and also of a board of officers appointed by the department to ex- 
 iic into and report upon the status of the officers and crew of the Alabama. 
 Verv resj)ectfullv, 
 
 GIDEON V/ELLES, 
 
 Sccrcfdrt/ of the Xar//. 
 
 Alnj. (u-n. P>. ¥. Bl. iLKIi iVc, tV'., Fort Monroe. 
 
 [EmiursiMiKiit.] 
 IlKAKCtl AliTKIJ'^ ArMIKS OK TUK UmTKI) S'lATKS, 
 
 CUij Point, Va., Octohcr 13, 1864. 
 KespLctfuily submitted to Major (General B. F. Butler for his action. 
 l}y command of Lieutenant General Grant. 
 
 / T. S. BOWERS, A. A. G. 
 
 llKAIttUAR TKH.^ Ar.MV OF Tilt; JaMK.S, 
 
 In the field, Octohcr 12, 1864. 
 Sir : I enclose herewith affidavits showing the employment of one hundred 
 and ten (110) United States colored soldiers by the military officers of the 
 confederate forces in the trenches near Fort Gilniei" — a practice justified by no 
 rule of war or claim heretofore made by the confederate authorities. I have 
 ordered a like number of the officers and soldiers captured by us (preferring as 
 many of the Virginia reserve forces, by whom this outrage is being done, as I 
 have captured) into the canal at Dutch Gap, and put therri at hard labor, and 
 shall continue to add to their number until this ])ractice is stopped. 
 I havp the honor to be. very respectfully, your obedient servant, 
 
 BEN J. F. BUTLER, 
 Major General Commanding 
 Hon. Ror't Ould, 
 
 Commissioner for Exchange, Richmond, Va. 
 
1(38 EXCHANGE OF PRISONERS. 
 
 IIeaduuarters Army of the James, October 12, 1SG4. 
 
 James F. Kniglit, company F, 59Lh Virginia regiment, put into the 1st regi- 
 ment Virginia reserves, being duly sworn, deposes and says, that on Thursday, 
 the Gtli, and oa Friday, the 7th instant, he was on duty with his regiment, (1st 
 Virginia reserves,) and that on one of the ahove-mcntioned days, which he does 
 -lot now definitely remember, he, with his company, (company A, 1st regiment 
 Virginia reserves,) went from their camp, which was then on the intermediate 
 ine near the Derbytown road to Richmond, Virginia, and took from Libby 
 jrison about eight-two (82) colored men who were there as captured prisoners 
 jf war, and brought them to the intermediate lines between the Newmarket and 
 Derbytown roads, where they were put to work throwing up intrenchmonts ; 
 md where, to the best of his knowledge and belief, they now remained, doing 
 ivork in the manner described above, he having left them on the morning of 
 his day. Deponent further savs, that they were clad in uniform. 
 
 JAMES F. KNIGirJ\ 
 
 Sworn to and sub.^ciibcul before me this 12th day of October, 1864. 
 
 JOHN 1. DAVENPORT, 
 Ahlc-(i('-ramp and Assist. Prorost Mdrslxil. 
 
 llEAOm ARTERS ARiMV OF THE JaI\1E>, (October 12, 1804. 
 
 Chapm.in Dinking, of Yadkin county. North Carolina, member of the 3Sth 
 STortli Carolina regiment, put into the Virginia local reserves, lately stationed 
 it Fort Gilmer, on oath deposes and says, that coming to Fort Gilmer on the 
 light of Thursday, the Gth of October, ho found one hundred and ten (110) 
 •olored soldiers in the uniform of the United States, captured in the recent en- 
 gagements, at work in the trenches at Fort Gilmer, without sufficient food, so 
 ;hat they were exchanging their clothes for food with the confederate soldiers. 
 Deponent further says, that he left the confederate lines on the night of the 
 lltli instant, and that when he left the trenches they were still at Avork. 
 
 CHAPMAN DINKING. 
 
 Sworn to a.iid snl)scril)cd bciore int> this 12th dav of October, 1864. 
 
 JOHN^I- DAVENPORT, 
 
 Aide-de-camp avd Assist. Prnrost Mcrs/'al. 
 
 Hemxh'arters Army of 'I'he James, October 12, 1864. 
 
 Samuel Hutchings, of the 38th North Carolina regiment, lately put into the 
 Virginia local reserves, and stationed at Fort Gilmer, on oath deposes and says, 
 that coming to Fort Gilmer on the night of Thursday, the 6th of October, he 
 found about one hundred negroes, colored soldiers, clad in the uniform of the 
 United States, captured in the recent engagement, at work in the trenches at 
 and near Fort Gilmer. Deponent further says, that he left the confederate lines 
 on the night of the ] 1th instant, and that wlien he left the trenches they Avero 
 still at v/ork. 
 
 SAMUEL X HUTCHINGS. 
 
 mill k. 
 
 Sworn to and subscribed by making his maik in my presence ami bcfor(>, m;' 
 this 12th day of October. J 864. 
 
 JOHN t. DAVENPORT, 
 Lieut, and Atde-de.-camj), Assist. Provost JMarskaL 
 
EXCHANGE OF PRISONERS. Ifj9 
 
 Headquarters Army of the Ja.mes, October 12, 18G4. 
 Samuel Miller, of battery 0, ISth Virginia batallion of artillery, being duly 
 Bworn, deposes and says, that lie, with his company, has been for some weeks 
 past stationed at battery No. 8, situated on the intermediate lines between the 
 Charles City and Darbytown roads, and that to his personal knowledge he 
 knows of some twenty-five to eighty colored prisoners of war, clad in the uni- 
 form of the United States, to have been kept at work on fortifications and in- 
 trenchmcnts in that vicinity, and u])on tliat line, since Thursday, the Gtli instant. 
 Deponent also further says, that he knows of numbers of them having been 
 obliged to trade their clothes and shoes Avith the confederate soldiers for food, 
 owing to an insufficiency being furnished them. 
 
 SAM. MlLLEl?,. 
 
 Sworn to and subscribed before me this 12t.h dav of October, J8(J4. 
 
 JOHN X DAVENPORT, 
 JjU'vf. anil Aidc-dt-camp, Ass/sf. Prnrost MorsJinl. 
 
 HKAimnAK'iEiis Army of the James, 
 
 October 12, 1SG4. 
 Sir : I enclose a copy of an advertisement cut from a llichm<nid paper, where 
 a military oflieer commanding a camp near Richmond calls upon their masters 
 to come forward and make claim to the services and labor of certain colored 
 men therein described. Some of these are believed to be soldiers of the United 
 States army, captured in arms. 
 
 If 1 am mistaken in this belief, 1 desin; to be promptly corrected. I have 
 ordered to such manual labor as I deem most fitting to meet the exigency an 
 equal number of prisoners of war held by us, and I shall continue to oi'der to 
 labor captives in Avar to an equal number of all the soldiers of the United States 
 I have reason to belii^vc arc held to labor and service by the forces yoxi repre- 
 sent, until I am notified that this practice on your part has ceased. Much as I 
 regret the necessity imposed upon me, to do this, yet I am compelled by the 
 sternest convictions of duty thus to inaugurate a system of retaliation which 
 will be firmly carried out. 
 
 I have, the honor to be, very respectfuUv, your obedient 'servant, 
 
 BEN J. F. BUTLER, 
 
 lion. Robert Oui-d, 
 
 Cnnir for Exchmigc, Il/r/n»ond, Va. 
 
 Major General fjommandini 
 
 l-'rom tliH Uichiiioinl E.\:i!niiu-r of Tne-idav, Octohi'r 11, 18l!4 | 
 NOTICE. 
 HEAniiUARTKRS Ca.MP OF IxSTRl CTIOi\, 
 
 UicJanond, October 8, 1SG4. 
 
 In accordance with the provisions of general orders No. 25, adjutant and 
 inspector general's oflice, last series, the owners of the following negroes Avill 
 call at this camp and prove their claims, as required by act of Congres.s : 
 
 Junius, slave of Thad's Dillard, Surrey county, Virginia. 
 
 Philip, slave of John Fisher, Essex county, Virginia. 
 
 Elijah, slave of Luther r)ryan. Comjjany F, 5th S. C. reginu-nt. 
 
 .James Bush, slave of Griliin Bush, Montgomery county Virginia. 
 
70 EXCHANGE OF PlilSONERS. 
 
 Revo! Garrison, slave of Ed. Garrison, xlccoinac county, Virginia, 
 itich'd Saunders, slave of George Strother, .Stafford county, Virginia. 
 Geo. Washington, slave of (Jalvin Goodlow, Franklin county, Virginia. 
 George and William, slaves of Dr. Charles Weiseger, Chesterfield county, 
 irginia. 
 
 Jim, slave of Wm. Graham, Fort Monroe, Virginia. 
 Gray, slave of B. Barnes, Wayne county. North Carolina. 
 George, slave of Mrs. Morrison, Allegheny county, Virginia. 
 Charles, elave of Mr. Ashton, Portsmouth, Virginia. 
 By order of Major T. G. Peyton. 
 
 L. O. I^ETTL'S, Lieut, and Adf/.. 
 Ofhcial : 
 
 W. II. TAYLOU. Lieut. Co/., A. A. U. 
 Official : 
 
 W. II. HATCH. Caj>t. avA A. J). C. 
 Official copy : 
 
 SIDNEY B. DE KAY, Lieut, ana A. D. C. 
 
 llHAlHtlAH TKKS Ak.MY OV TUB Ja.MK.'S, 
 
 October 12, 1SG4. 
 Sir: Ah coimnlssioner of exchange for this govcnnment to negotiate, ex- 
 lianges with the belligerents represented by yourself, I propose to exchange 
 [1 the prisoners in your naval service which we hold for all the prisoners in 
 nr naval service taken by you which you hold, man for man, according to the 
 juivalents of assimilated rank set forth in the cartel, the e.\cess to be mad(^ up 
 I officers and men on either part from the army. 
 
 In making this proposition, I repose with confidence upon your statement 
 ) Major Mulford, that you would exchange all the naval prisoners so taken, 
 ithout distinction. 
 
 I have these men at City Point, ready for delivery, and will deliver them at 
 lox's ferry at such time, after five hours' notice, as you may designate. 
 T have the honor to be. very respectfully, your obedient servant, 
 
 BEN J. F. BUTLEIt, 
 Major General (ommandivH- 
 Hon. ItuBEiri' OuLU, 
 
 Assent for ExcJtartge. Richmond. Va. 
 
 Ili<;Aum!Ai;'rKu.s Ai:.\iv ok jhh Ja.mks, 
 
 Ik the field, October 12, 1S64. 
 Gk.\f,|{al: 1 send, by orderly, copi(;s of correspondence between myself and 
 fr. Ould. I also enclose the affidavits upon which my action is based. The 
 \tification to Mr. Ould of my action will actually get to him before it is consum- 
 lated. I think you Avill agree with me that the evidence is conclusive. You 
 ■ill find a copy of the advertisement of which I speak in one of my letters in 
 le Richmond Examiner, which I sent you yesterday. If you approve my 
 ction, ma}^ I ask you to forward the papers, with your approval, to the War De- 
 artment. 
 
 BENJ. F. BUTLER, 
 Major General Commanding. 
 Lieut. Genera! Gkant, City Poivt. 
 
EXCHANGE OF PRISONERS 171 
 
 Hkadquarteus Ahmv ok THK JAiMI^S, 
 
 Octohcr 13, 1SG4. 
 
 Sir: I have the honor to forward t\v() hitters t'rom the Navy Department, 
 dated, respectively, July 27 and October 10, 1SG4, by which you will see that 
 my government claim the officers and crew of the gteanier Alabama as prisoners 
 of war, paroled, for Avhom equivalents are expected. 
 I have the honor to be your obedient servant, 
 
 BEN J. F. BUTLER, 
 J\I(ijor General and Cojrirfor ExcJiangc. 
 
 Hon. Ron HUT Ol'LlJ, 
 
 Agcn' for Exchange, llickmand, Va. 
 
 HhAIKIIARTKU:? AliMV OK THK JaMKS, 
 
 Octohcr 14, 1864—4.45. 
 
 No iiuieenieiit has yet been made. ^Injor .Mnlford i.s now out meeling Mr. 
 Ould. 
 
 BEN.I. ¥. BUTLER. Major General, ifc. 
 Lieut. General U.S. Grant, 
 
 CuuiJg Arfnics of U. »S., Cit^ Point. 
 
 Washington City, D C, October 14, 1SG4. 
 
 Genkual : On tiic 19th xiltimo I addressed a note to Major Mnlford, convey- 
 inp; the authority of the Secretary of War for the exchange of Lieutenant 
 Markbreit, naming three rebel officers of his rank, either of whom were to bft 
 delivered for Lieutenant Markbreit. I have no information that the exchange 
 has been effected ; and the Secretary of War now directs me to say that you 
 can proj)ose for the exchange of Lieutenant ^Markbreit, to deliver any officer of 
 his grade in our hands who may be designated by the rebel commissioner for 
 him. This proposal to extend to the individual officer for whom, in alleged re- 
 taliation, Liententant ]Markbreit was placed in cell contincment. For your per- 
 sonal information, I feel at liberty to advise you that the President takes a special 
 interest in this case, and desires that the exchange may be accomplished. 
 
 I desire to say that in addressing Colonel Alulford, as I have in several 
 instances heretofore, 1 have regarded him as your staff officer in the department 
 in which he is acting, without supposing in any case his independence, but that 
 he would act in all cases under your instructions, general or special. I think I 
 fi'll into this habit during your absence in New York some weeks since. 
 Verv respectfully, vour obedient servant, 
 
 E. A. HrrCHCOCK, Major Genera/. Voh. 
 
 Major CJeneral Bl'TLKii, U. S. A. 
 
 irKAOQUAKTEKS ArJVIV UK THE JaMES, 
 
 Octohcr IS, 18G4— 9 p. m. 
 Coi,o.\El, : Lieutenant Ccdonel Mnlford has delivered to the confederate agent 
 of exchange, Mr. Ould, ninety (90) naval officers and men of the confederate 
 service, lie has received three hundred and twenty-three (.3.23) officers and men 
 of our naval service, including five (5) negroes, which he claims are all the 
 negroes captured of our naval service. It is agreed between Ould and my- 
 self that I shall deliver any other naval prisoners which we have, and he will 
 
(^ EXCHANGE OF PRISONERS. 
 
 liver all the naval prisoners, black or white, that he has, and he desires from 
 a list of any others which are snpposed to be in the possession of the confed- 
 ites. 
 
 He also wishes any other prisoners of their naval service wliich we have to 
 sent forward, lie thinks there are some at Elmira and some at Fort Dela- 
 ire. 
 
 Please have inquiry made at our depots, because J am to deliviM- to him any 
 uivalents according to assimilated rank for tlie excess. 
 
 Please have these naval men assembled at Point Lookout, so that I may take 
 jm Avlien we go to Savannah. Colonel Mulford will be in Annapolis on Thurs- 
 y morning ; immediately afterwards we shall embark as soon as possible all 
 3 invalid prisoners we can get up to five thousand (5,000) to be exchanged at 
 irt Pulaski for invalid prisoners in the hands of the confederates. Colonel 
 ilford has also four hundred and fifty (450) army priponeis, including 
 enty-scven (27) ofiiccrs. 
 
 IIEXJ. V. BIITJ.ER, Mojor (hrn'raJ, SfC. 
 ( 'oloiiel Huffman, 
 
 Com. Gc7irr</I of Pri.smurs, ]Vashi)igfon, D. d. 
 
 IIeadi.iuarters AitiMV of the .James, 
 
 October 20, 1S64 — 9.50;^. m. 
 I'our telegram conc;'rning the official despatch of (leneral Lee regarding the 
 soncrs at work in the rebel trenches is received. Orders have been issued 
 urning to-night the prisoners at Dutch Cap. A copy of the order will be 
 it von in the morning-. 
 
 BENJ. E. lUJTLEU, Major GoH-ral, S^c. 
 Lieutenant Gcnieral (rr.A;\T, Citjj Pfiint. 
 
 llEAnut'ARTERS ArMY OF THE JaMES, 
 
 In the field, October 26, 1864. 
 [laving, in obedience to orders by telegraph, received on board the fleet of 
 isels wliich Colonel Webster, chief quartermaster, has been ordered to place at 
 Lir disposal, ail invalid confederate prisoners of war as certified to me by 
 lonel iloffman in the eastern camps held by us, you will proceed to Fort 
 laski with your prisoners and there tender them for exchange, according to 
 ; agreement made between the commissioner of exchange on the part of the 
 ited States and the agent of exchange for the confederate authorities, and 
 re receive on board all the prisoners belonging to the United States which 
 ill be given you by the confederate authorities, 
 i^ou will also inform the confederate authorities that there are from 2,500 to 
 
 00 invalid prisoners witliinthe agreement ready for delivery on the Mississippi 
 jr as soon as the point shall be designated. They are in the western camps. 
 
 this matter of the exchange of prisoners is managed, in behalf of the military 
 hoiities of the United States, through the agent of exchange, you will take 
 direction upon the subject except from the comtnissioner of exchange or the 
 n-etary of War. This direction is given you because your business at Fort 
 laski will be within the department of General Foster; and to save all possible 
 iflict of authority, you will report your arrival and business to the commander 
 the department, so that your operations may not interfere Avitli any military 
 vements within his lines, 
 fou will doubtless be obliged to go into Port lioyal with your large ships 
 
 1 load them with your smaller vessels from the inside passage, Avhich will be 
 re conduciv('to the comfort of the men and safety of your iies^t. As soon as 
 
EXCHANGE OF PRISOiNERS. 173 
 
 you g-(!t one of" the largpst vest^els loaded, you will send it forward to Annapolis; 
 and it" you can receive more prisoners than your fleet can accommodate, order 
 her to return. You will allow one agent of either the Christian or t^anitary Com- 
 mission on each vessel. You will take competent pilots, and see that your 
 vessels are well watered. Von will draw from the quartermaster such extra 
 clothing, blankets, and other articles as may be necessary for the comfort of the 
 prisoners. The United States government will by no means stint these men 
 who have suft"ered so much in anything for their comfort as soon as they come 
 within our jurisdiction. For r)ther details T must depend upon your judgment, 
 zeal, and activity in the service. 
 
 In the matter Avhich has been discussed between the United States govern- 
 ment and the confederate authorities ])roviding for their respective prisoners, you 
 are authorized to offer the confederate military authorities the following terms : 
 
 It is understood that prisoners of both sides complain of their treatment by 
 those having them in charge, in shelter, food, clothing, and hosjiital stores. Y"ou 
 will then offer, on the part of the United States — 
 
 I'irst. That the United States will furnish food according to its discretion, to the 
 l)risoners held by the confederate authorities, delivering it at the nearest seaport 
 to the ]»lace where the prisoners arc held, the confederate authorities to furnish 
 transportation from the point of delivery. The United States will furnish its 
 prisoners in the hands of the confederate authorities, delivered in like manner, 
 with such articles of clothing, and other necessary articles, including tea, coffee, 
 tobacco, and stationery, as they may judge expedient, delivered in like manner. 
 The United States will furnish such hospital stores as they deem expedient to 
 their prisoners, delivered and to be transported in like manner. The United 
 States will furnish such shelter to their prisoners as they deem expedient, 
 delivered in like manner. The United States, on the other hand, will permit the 
 confederate authorities to furnish, at such points as they may choose, confederates 
 held as prisoners of war with shelter, food, clothing, including blankets and 
 hospital stores, at the discretion of the confederate authorities ; or if preferred by 
 the confederate authorities, the United States will permit the confederate author- 
 ities to purchase from the quartermaster, commissary, and medical departments 
 of the United States such food and clothing, including blankets, as the confed- 
 erate authorities may choose for their prisoners, at such prices paid by the 
 United States for such articles, except the uniform of the soldiers of the United 
 States, which will not be permittc^d to be worn by the confederate prisoners, and 
 the United States will permit to be purchased in the markets of the United States 
 such clothing as the confederate authorities may choose, including blankets, to 
 furnish to the confederate prisoners of war, all to be paid for in the legal cur- 
 rency of the United States, or the United States will receive in payment for 
 such goods so sold by them, cotton, upon the terms and conditions upon which 
 cotton is pledged for the confederatii loan in Europe, and will permit such cotton 
 to be sent from any port in the United States, whether such ports are in the 
 possession of the confederate authorities or otherwise, or we will receive such 
 cotton in payment at any port to be d(,'signatcd by the confederate authorities 
 in the United States, or whether said port is in the possession of the confederate 
 authorities or otherwise, for all articles. The U'uited States will also permit the 
 purchase of tents, at the price j)aid by the U^nited States, for shelter to the con- 
 federate prisoners held by them, upon the same terms and conditions as the pur- 
 chase of provisions and supplies. Hospital stores may be furnished upon the 
 same condition by the confederate authorities. 
 
 All these to be receipted for and distributed and expemled by a board of 
 three (3) officers from the prisoners of war held by either side above the rank 
 of company officers at each prison, who shall be paroled for that purpose, and 
 shall have full liberty to comnuuiicate with the commissioner of exchange of 
 the cdufVderate authorities and the United States in open letters. It being un- 
 
174 EXCHANGE OF PRISONERS. 
 
 <k'rstoocl and agreed that no article permitted by either government for the use 
 of its prisoners shall be upon any pretext or for any cause whatever diverted 
 from the use for wliieli they are dedicated; and any surplus of articles furnished 
 by the United Slates or by the confederate authorities is to be returned to 
 the place where received by either party and put at the di^^])osal of the party 
 owning the same. 
 
 Any other minor details not j)roviued for in ther-e- iiistrnetions will be the sub- 
 ject of further just and equitable arrangement. 
 
 It is further understood and agreed that either party shail have the privilege 
 of putting a surgeon on eacli board of ofticers herein provided for. 
 
 All these terms are believed to be so manifestly equitable and just, and will 
 .^0 relieve cither party from complaints of the other party, that it is hoped they 
 will be accepted. If in any minor points any objections are made on the part 
 of the confederate authorities, you will report the objections, and they will be 
 carefully considered, and, unless vital, will be yielded to. These terms you will 
 Avill write out separately from your letters of instruction or propositions for agree- 
 ment, and certify them officially, so that there may be jio mistake in the terms 
 offered. 
 
 If, as may be the case, it is objected by the confederate authorities that the 
 United States had a larger number of prisoners taken I'rom the confederate 
 army than the confederate authorities hold taken from the army of the United 
 States, and that therefore accepting these teims will impose a burden upon the 
 confederate authorities greater than that assumed by the United States, although 
 such claims would not apparently l)e well founded ; yet, the government of the 
 United States being very anxious to relieve in so far as they may their prisoners 
 of war from what they are instructed and believe to be great want and distress, 
 YOU are authorized to offer, rather than the negotiations shall be broken oif upon 
 this point, that the United States will, after supplying an equal number of the 
 prisoners held by the United States according to the equivalent established by 
 the cartel, using that as a measure of reference, only supplying the surplus of 
 prisoners held by us with precisely the same and not other and different shelter, 
 clothing, food, and medicine with which the confederate authorities supply an 
 equal number of their prisoners held by the United States ; but this propo- 
 sition is not to be made except for the purpose of closing the negotiation on the 
 j)oint, as it is not deemed just that, from motives of humanity, the United States 
 shouhl bear any jjortion of the burden which properly belongs to the confed- 
 erate authorities because of the superiority of the United States in capturing 
 prisoners of war. 
 
 All propositions received u])on this subject from the confederate authorities 
 will be received by you in writing, but they will not prevent oral discussion of 
 the several points involved, in order to their true and just settlement; but such 
 discussioii shall not 1)0 taken or deemed to be propositions on the one side or the 
 other. 
 
 You will se(! how nuich is conllded to your discretion, care, and judgment; 
 and it is hoped that you may succeed in having established some just and equi- 
 table arrangement upon the basis of these instructions for the care and tieat- 
 ment of prisoners of war which seem very likely not to be exchanged, 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. r,UTLEll, 
 Major (Jcnrrdl and Com'r far Exchange. 
 
 Colonel Mi:i,F(ii;i). 
 
 Navy 1)epai{TMENT, Washingtun, Or'oher 24, 1SG4. 
 Sin: In my communication of the 27th of July last, respecting the oflicera 
 ind crew of the Alabama, I did not mention their number. The number brouirht 
 
EXCHANGE OF PRISONERS. 175 
 
 on board the Kear.sargr and jiandt-d was five officers and sixty-one men. The 
 total number of officers and men at the commencement of the engagement was 
 about one liundred and fifty. In a matter of exchange we are entitled to as 
 much, I should think, as fifteen officers and one hundred and thirty men. I 
 hope these men will not be forgotten in the account of exchanges. 
 Very if'sp;'Ctfuliy, 
 
 (J. F. FOX. 
 Asxishj/it. Sfcretdri/ of tJic Nary. 
 -Major (leneral L). F. IJr'l [,r.R, S^-c, S^r. SjC, 
 
 Fort iMd/iroi'. 
 
 OvpicF, OK TiiK Commissary Gexbral of Piu.soners, 
 
 Was/fingfon, D. C, Octoher 24, 1864. 
 Sir : TJie Secretary of War directs the special exchange of Captain James 
 Gillis, A. Q. M., United States aimy. captured near Strasburg, October 19, 
 for a rebel ofiicer of equal rank. 
 
 Please propose the exchange to Mr. Oidd, and if aeceptcnl an officiT will be 
 forwarded immediately. 
 
 W. HOFFMAN, 
 (.'o)n)tii-'i.^(iri/ General of }^riso7i(r.s. 
 Major General Dctlkr, 
 
 Com. for Ei3-chanii(\ Fort Monroe, ]''a. 
 
 O C. (J. P., Xurrm!er22, ISO 1. Oflicial : 
 
 W. S. IIARBFY, Captain, A. A. G. 
 
 Ol'KK i; OF 'rWK Co'.IMI.'^SARV Gf..\eual of Prkso:\ers, 
 
 WasJiingfoii, D. C, October 27, 1864. 
 Ge.N'ERAL : Joseph A. Doane, suth-r of thc^ 16th Connecticut, has been paroled 
 by the rebel authorities at Charlestowu to the lOth of December, 1864, on condi- 
 lion that he obtain the exchange for himself of Jolm Kenipick, purser of the 
 I'ebel steamtfr Calypso, but this exchange is not approved by the Secretary 
 of the Navy, and it is therefoi'c proposed to substitute in his place ]Mr. John L. 
 McLean, a sutler in the rebel army, now in confinement at Camp Morton, and 
 by direction of the .Jccrctary of War he has been paroled, with the condition 
 that he proceed directly to Richmond, via Fort Monroe, and procin-e himself to 
 be accepted in exchange for ]\[r. Doancr. If he is accepted in exchange for Mr. 
 Doane, he will request ]\[r. Ould to inform you of the lact; but lading to make 
 the exchange, he will return to Fort Monroe and surrender himself as a prisoner 
 of war on or before the 16tli of December, 1864. j\[r. McLean will report to you 
 on his arrival at Fort Monroe, to Ije forwarded by tlag-of-truce boat. 
 T am, general, very respeclfuliv, vour obedient servant, 
 
 W. HOFFMAN, 
 Col. :i// Infantr//, Com. Gen I Pr>.-;nners. 
 ^lajor Cienera! P. F. Plti.er, 
 
 (Jommis.i/oncr for E.r,ehangc of Prisoners, Fort Monroe Va. 
 
 Office of the Co.mmissary General of Prisoner.?. 
 
 Washington, D. C, October 26, 1864. 
 General: By direction of the Secretary of War, Captain Clifton Smith, 
 assistant adjutant general, a prisoner of war at; Fort Columbus, will be sent to 
 
176 EXCHANGE OF PRISONERS. 
 
 you, to be offered iu excliaiige for Captain 13. P. Sloan, 2d Pa. cavalry, who 
 was delivered on parole at Aiken's Landing on the 12th September, 1864, Avith 
 the pledge, as is stated, that he would procure the exchange of Captain Smith, 
 for himself. Please inform me when the exchange is perfected. 
 I am, gencM-al, very respectfully, vour obedient servant, 
 
 W. HOFFMAN, 
 C<//. '.jd Inj'ditlf ij. Com. Crcn'l Prisonem 
 Major General B. F. Ultlkh. 
 
 Commissioner for Excliaiigc oj Prisoners, Fort Monroe, Va. 
 
 Washington City, I). C. Nocemher 2, 1864. 
 Si u : 1 sought an interview ineffectually this morning with the Secretary of War 
 for the purpose of explaining your wishes as expressed in your letter of the 31st 
 ultimo, touching the agency for exchange of prisoners at Hilton Head. I will 
 avail myself of the first opportunity to have the matter adjusted as you desire. 
 
 In the mean time I beg to say that Colonel Bennett has no authority known 
 to me for the designation he attaches to his name. I understand that the duties 
 of exchange have been committed to yourself by the Secretary of War. I give 
 no orders myself on the subject, and in such communications as I may have ad- 
 dressed to yourself or Colonel Mulford 1 have been but the channel through 
 which the directions of the President or the Secretary of War have been trans- 
 mitted ; and when I address Colonel Mulford I have regarded him as a portion 
 of your staft" in the particular duties in which he is engaged. 
 Very respectfully, your obedient servant, 
 
 E. A. lirrCHCOCK 
 
 Major General, Volunteers. 
 Major General B. F. Butler. 
 
 Navy Department, November 17, 1864. 
 
 Sir : Every fresh arrival from Texas gives additional evidence of the suffer- 
 ings of our prisoners in that quarter, and suggests the importance of relieving 
 them at the earliest possible day. 
 
 Arrangements for the excliange of all naval prisoners held in Texas were 
 [)artially elTected, but eventually fell through in consequence of the rebel agent 
 insisting upon having Admiral Buchanan included in the exchange of officers cap- 
 tured at Mobile, and of Rear Admiral Farragut declining to give him up, as he 
 had been instructed to send him north; 
 
 This department has no disposition to retain Buchanan, if by delivering him 
 up we can secure the speedy release of the naval prisoners in Texas. He is ex- 
 pected north in the supply steamer Fort Morgan the latter part of this month. 
 On his arrival we propose sending him and any others we may have to you, or 
 placing' them at your disposal, to be given in exchange for our prisoners in 
 Texas. 
 
 The agreement between this department and Mr. Mallory is to exchange 
 mutually all naval ofhcers and men, and to give an equivalent to whichever sidr 
 might hold an excess. 
 
 The particulars of the rejent delivery of olHcers and seamen at City Point 
 belonging to the navy have not been communicated to this department, nor has 
 it heen officially notified of their exchange. There were some who were not de- 
 livered to us on James river, but were on parole within our lines. It is not 
 known whether they have been exchanged or not. 
 
EXCHANGE OF PRISONERS. 177 
 
 'Plie dopartmeut lias not ventured yet to assign any of those who came from 
 Kichmond to active duty, because it does not certainly know their status. 
 
 Regarding tin; persons above referred to as having been exchanged, the excess 
 is against us, and e(|uivalcuts will have to be, if they have not already been, fur- 
 nished. 
 
 This department has no roll of the rebel prisoners who were sent, out in the 
 Circassian and delivered to (Commissioner Ould, and cannot thei'efore state what 
 the excess was. We have ia Texas about fifty officers and three hundred sea- 
 men ; we have to give for them about ten officers at New Orleans and Admiral 
 Buchanan, together with the seamen captured at Mobile, who are also at New 
 Orleans. 
 
 The most feasible plan seems to me to be, to deliver Admiral Buchanan to 
 Mr. Ould, and give instructions for the rebel naval prisoners at New Orleans to 
 be given up to the agent for exchange on the part of the rebels in that quarter 
 and then for Mr. Ould or the authorities at Richmond to send instructions to the 
 agent of exchange, or the commanding officer in the trans, Mississippi department, 
 to deliver up our naval prisoners there to United States authorities, equivalents 
 !.i !i(> given to whichever side may have an excess. To facilitate the matter, 
 this department would be glad to take charge of a duplicate of the instructions 
 that tlie authorities may issue to their officers in Texas as to the exchange, and 
 undertake to forward it to its destination as soon as possible. 
 
 Th(! department requests a reply to this communication at your earliest con- 
 viiiience. 
 
 Very respectfully, &c., 
 
 GIDEON WP:LLES, 
 
 »SV' rctanj of the Naiy 
 
 Major General B. F. BuTLEn, 
 
 Commissioner for Exchange, Furt Monroe. 
 
 Navy Department, Koremher 25, 1S64. 
 
 Sir : This department has to-day been furnished with the official declaration 
 of the exchange of naval prisoners at Cox's Landing on the James river on the 
 16th ultimo. 
 
 I find that the exchange embraces only those who were delivered up at the 
 point named. There are some others whose names were submitted for exchange, 
 and who are now within our lines on parole, that ought to have been included. 
 I now furnish you with a statement of their cases, and hope that you may be 
 able to efi[ect their exchange as early as practicable. Lieutenant Commander 
 E. P. Williams was permitted to come north for the purpose of effecting an 
 exchange. He was the bearer of a communication fiom Mr. Mallory regard- 
 ing naval exchanges. His parole expired, but the department considered it 
 unnecessary for him to return to imprisonment, in accordance with its conditions, 
 thinking of course he could be included in the general exchange. Acting 
 Ensign P. W. Sanborn came north under a similar parole, to effect an exchange 
 for Acting Master Boinieau. Acting Master Bonneau was sent down in 
 the Circassian, but this department finds that Acting Ensign Sanborn is not 
 included in the declaration of exchange. He was captured in the Columbine. 
 Acting Master Michael Hickey, Acting Master's Mate E. JL Wild, Acting As- 
 sistant Paymaster C. S. Sims, of the United States steamer Queen City, captured 
 June 24, 1864, on Arkansas river, were paroled at the time. Acting Ensign A. 
 H. Brady, of the Granite City, captured May 6, 1S64, was severely wounded, 
 and on that account has been permitted to return home on parole. 
 H. Ex. Doc. 32 12 
 
17<S EXCHANGE OF PRISONERS. 
 
 There are some thirty seamen of the captured steamers Queen City, Signal, 
 and Covino-ton on parole. 
 
 Very respectfully, &c., 
 
 G. V. FOX, Assistant Secretary of the Navy. 
 Major General B. F. Butler, 
 
 Commissioner for Exchange, Fort Monroe. 
 
 Washington Cfty, D. C., Novcmhcr 25, 1864. 
 Sir: The Secretary of War desires tliat a special effort be made for the ex- 
 change of Colonel Stephen M. Weld, jr., of the 56th Massachusetts volunteers, 
 and directs me to send his name to you accordingly. He was captured July 
 30, 1864, in front of Petersburg. 
 
 Very respectfully, your obedient servant, 
 
 E. A. HITCHCOCK, 
 
 Major General B. F. Butler, U. S. A. 
 
 Major General Vols. 
 
 Navy Department, 
 Washington, November 26, 1864. 
 Sir: Mr. Edward A. Pollard, now in Brooklyn, has been directed to proceed 
 to Fort Monroe and report to the senior military officer in command there as a 
 paroled prisoner, and with the view of being exchanged. 
 Very respectfully, &c., 
 
 GIDEOX WELLES, 
 Secretary of the Navy. 
 
 Office of the Commis.sary General of Prisoners. 
 
 Washington, Decemher 1, 1864. 
 General : By aiithority of the Secretary of War, and in the absence of Gene- 
 ral Wessells, inspector and commissary general of prisoners, I have the honor 
 to inform you that Corporal R. H. Curry, Co. "F," and private W. J. Neeley, 
 Co. "U," 12th South Carolina regiment, prisoners of war, confined at Fort 
 Delaware, have been selected as hostages for Corporal James Pike, Co. ''A," 
 4th Ohio Volunteer cavalry, and private Charles K. Gray, Co. "D," 5th Iowa 
 cavalry, two scouts sent into the country occupied by the rebel army in May 
 last, by W. D. Whipple, brigadier general and assistant adjutant general, head- 
 quarters army of the Cumberland. 
 
 It is respectfully requested that the rebel authorities may be informed that 
 said hostages have been selected, and that they will be subjected to the same 
 treatment as they inflict upon the soldiers named. 
 
 Enclosed please find copy of the order from this office authorizing the selec- 
 tion of the hostages, and copy of communication from General Schoeph, com- 
 manding Fort Delaware, reporting the execution of the order 
 I am, general, very respectfully, &c., 
 
 W. T. HARDY, 
 Captain and A. A. G. 
 Major General B. F. Butler, > 
 
 Commissioner for Exchange of Prisoners, Fort Monroe, Va. 
 
exciiaxgp: of prisoners. 179 
 
 Headquarters Dep't of Virginia and North Carolina, 
 
 Army of the James, in, the field, Decemher 2, 1864. 
 General: Mr. Ould has, by a notice in the Richmond papers, declared all 
 prisoners delivered for exchange or parole by our government to the confede- 
 rates, up to November 25, exchanged. I see no reason, under the cartel or 
 otherwise, why a similar declaration should not be made both for navy and army 
 prisoners of war received on parole for exchange by us up to that time. Please 
 advise me, and I will issue such declaration as provided in the cartel. 
 I have the honor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLP:R, 
 Mojo?- General Coffimand/'ng. 
 Brigadier General Wessells, 
 
 Commhsar// General of Prisoners, Washington, D. C. 
 
 Headquarters Dep't of Virginia and North Carolina, 
 
 In the field, December 7, 1864. 
 General: You will have seen by the papers that Mr. Ould, the agent of 
 exchange for the confederates, has declared all persons exchanged delivered to 
 either party up to November 25, and also declared all the paroled prisoners de- 
 livered at Vicksburg exchanged, and this applies to both naval and military. 
 
 I think there ought to be a concurrent declaration on our part. I have called 
 the attention of the authorities at Washington to this once before. 
 I think we are losing the services of good officers by this means. 
 I have the honor to be, very respectfully, your obeilient servant, 
 
 BENJ. F. BUTLER, 
 Major General and Commissioner for ExcJuaigc. 
 Major General IIitchcock, 
 
 Commissioner for Exchange, Washington, D. C. 
 
 Headquarters Dep't of Virginia and North Carolina, 
 Office of Com. for Exchange, Fort Monroe, Virginia, Decemher 9, 1864. 
 
 I have the honor to forward you copies of communications regarding the con- 
 finement as hostages of Corporal R. H. Curry, company F, and private W. J. 
 Ne(>ley, company H, 12th South Carolina regiment, prisoners of war, at Fort 
 Delaware, for Corporal James Pike, company A, 4th Ohio volunteer cavalry, 
 ind private Charles R. Gray, company D, 5tli Iowa cavalry, two scouts sent 
 nto the country occui)ied by the rebel army in May last, by William D. Whip- 
 ple, brigadier general and assistant adjutant general, army of the Cumber- 
 land. 
 
 I have the honor to inform you that these hostages will be subjected to the 
 lame treatment as your authorities may inflict upon Corporal James Pike, and 
 private Charles P. Gi'ay. 
 
 1 have the L aor to be, very respectfully, your obedient servant, 
 
 BENJ. F. BUTLER, 
 Major General and Commissioner for Exchange. 
 Hon. Rorert 3uld, 
 
 Confederate Commissioner for Exchange. 
 
180 EXCHANGE OF PRISONERS. 
 
 [Enclosure of letter to Hon. Robert Ould, dated December 24, 1863.] 
 
 Headuuakters Dep't of Virginia and North Carolina, 
 
 Fort Monroe, Dt'.ce7)iher 17, 1S63. 
 
 General: You are instructed and authorized to take charge of the matter 
 of exchange of prisoners at City Point, and for that purpose the prisoners at 
 Point Lookout, at Fort McHenry, and at Fort Norfolk are put under your 
 charge, and such others will be sent to you from time to time, upon notification 
 to the War Department, as may be thought advisable. You are herein in- 
 structed not to negotiate any exchange which shall not return to you man for 
 man, officer for officer of equal rank, with those paroled and sent forward, re- 
 garding, of course, in the earlier exchanges if they can be effected, from motives 
 of humanity, those on either side that have been the longest confined both in 
 officers and men. 
 
 Colored troo])s and their officers will be put upon an equality in regard to 
 exchange as a right with other troops. 
 
 Colored men in civil employment taken by the enemy may also be exchanged 
 for other men taken by us in civil employment. 
 
 You are permitted in conducting the question to waive for the present the 
 consideration of the questions of parole and excess, now pending between the 
 confederate belligerent authorities and this government, leaving it as it stands 
 at present until interchange of views between those authorities and yourself. 
 
 In conducting this delicate and perhaps difficult matter, you will see to it 
 that in no degree the protection of the government is withdrawn from our 
 colored soldiers and the officers commanding, and that in no respect, so far as 
 results from your action, that the honor or dignity of the government shall be 
 compromised. 
 
 P)rigadier General Meredith is oi'dered to report to you, and will be relieved 
 from further duty as commissioner of exchange, except under your orders. 
 
 'Plie conduct of the fiag of truce and the necessary transportation to effect 
 this are placed at your disposal. 
 
 You will report as often as practicable to this department your action under 
 this letter of instructions. 
 
 1 have the honor to be, very respectfully, your obedient servant, 
 
 E. A.' HrrCHCOCK, 
 Major General and Cornmissionvr for Exchange. 
 
 Major General B. F. Butler, 
 
 Comvuindhig Dep't of Virginia and North Carolina. 
 
 Headquarters Dep't of Virginia and North Carolina, 
 
 Fort Monroe, December 24, 1863. 
 
 8iR: I send by Major Mulford, assistant commissioner of exchange, 502 
 prisoners of war from the confederate army, from Point Lookout — all, I believe, 
 serviceable men, and substantially those longest there in confinement. I offer 
 for delivery at City Point, upon condition of receiving the same number of men 
 held by your authorities as prisoners of war from our army, leaving all ques- 
 tions of difference in controversy between your authorities and my government 
 for the present in abeyance, 
 
 I have made personal examination of the condition of the prisoners of war of 
 the confederate army now in pri'^on at Point Lookout, and beg leave to assure 
 you that they are as well cared for and in as comfortable a condition, as good 
 health and as well led, as the soldiers in our army. 
 
EXCHANGE OF PRISONERS. 181 
 
 I will .send vou in my next communication tlie statement of tlic sergeants, 
 confctU-rnte i)nsoner.s, who have charge of the several cook-houses, upon that 
 
 i-ul'jcct. 11- 4 
 
 1 do not mean to say that their rations are as hxrge as our regularly issued 
 ration, because of their state of entire inactivity ; but it is, in every respect, ol 
 the same quality as those issued to the men guarding. 
 
 If you have any doubt of it, upon an examination of the condition of the men 
 I send you, and upon hearing their statements, please suggest what, in your 
 judgment, should be done further in their behalf. I have made this examnia- 
 tion, and this statement to you, in order that you may be able to satisfy the 
 friends of the prisoners, who may be disturbed by the unfounded reports of ill 
 treatnu'iit and cruelty suftered by the prisoners at Point Lookout, in like man- 
 ner as our people are excited by what I hope are like groundless stories, of ill 
 usage and starvation suffered by our soldiers in your hands. 
 
 1 find there are some of the wounded from Gettysburg, and some that have 
 been sick, that are convalescent, and some so far disabled by sickness that 
 while they may be sent forward for exchange they will be of no further service 
 in the field. J\Ien without arms and legs, and debilitated by sickness, are cer- 
 tainly unfit to bear the necessary hardships incident to a condition of prisoners 
 of war ; besides, they encumber our hospitals, as upon examination I did not 
 think it proper to order them into the prisoners' camp, with wounds freshly 
 healed, and healtli hardly restored, and perhaps as the hope of seeing their 
 friends might have a beneficial influence upon their health, therefore I suggest 
 that in the next transport I send up as many of those as are entirely able to 
 bear the exposures of travel without probable danger to their health, and that lu 
 exchange you will rt'turn to me an equal number of our soldiers that may be 
 in like condition. . 
 
 As it may be inconvenient and prejudicial to their health to tranship these 
 invalids on either side, I will have them put on a separate boat, upon which there 
 shall be, nothing but provisions for thein, and will direct that that boat be put at 
 your disposal at City Point, to carry them immediately to Kichmond.and bring back 
 
 those that you shall give in exchange. Of course you will transfer, if yout think 
 best, the niaster and crew of the boat to the steamer New York, which will ac- 
 company them, and will remain at City Point, and put your own master and crew 
 on board, until the boat is returned. 
 
 I need not suggest the necessity of care that the boat, which is but a hu-ed 
 transport, shall receive no damage while in your charge, for which my govern- 
 ment will be responsible. 
 
 xVnd I further suggest Avhether the same means of avoiding transshipment 
 might not be a convenience and facility in making further exchanges of well men, 
 as well as invalids. 
 
 I also send four officers, lately captured at Charles City Court-house, and a 
 surgeon One in exchange for Captain Irwine, who was sent down by last boat, 
 one^it his earnest request, being suffering from injuries, and two others, for whom 
 vou will forward me any officers of ecpial rank; 1 send these, though lately cap- 
 tured, because I have no officers short of Johnson's island, and I wish to avoid 
 delay. Also a number of other prisoners whom 1 understand were exchanged long 
 since,' but by some oversight were not forwarded until now. I trust such over- 
 sight will never happen again. 
 
 I have the honor to be, very respectfully, your obedient s(>rvant, 
 
 BEN J. F. BITLER, 
 Major General Commanding. 
 
 lion. RonKRT Ol LD, 
 
 Cum' r for Exchange of the Confederate Authorities. 
 
182 EXCHANGE OF PRISONEES. 
 
 Office Commtssary General of Prisoners, 
 
 Washmgfon, D. C, December 29, 1864. 
 General: Some months since I requested Geneivil Meredith to propose to 
 Mr. Oiikl to make un exchange of lists of officers hekl as prisoners of war by 
 both parties, from time to time, and also lists of officers and soldiers who have died 
 or may while so held. The proposition was accepted, and I have furnished 
 through General Meredith full rolls of all officers held by us up to the 1st of October, 
 and all officers and soldiers who have died up to the 1st of April. In return I 
 have received a roll of officers held at Richmond to October 26, and a list of 
 less than two hundred deaths, which, of course, is very far short of the number 
 who have died. 
 
 I will forward to you to-day by mail a roll of 764 officers, captured since the 
 1st of September, which may contain the names of some Avho were on the roll 
 heretofore furnished, as to insure that none should be omitted. I have gone back 
 to the 1st of September. I send at the same time a list of 2,850 deaths, cover- 
 ing all cases not before reported. 
 
 1 would respectfully suggest that before these rolls are delivered there should 
 be a clear understanding with Mr. Ould that -he will furnish in return as full 
 rolls of all officers held in tkeir prisons, and of all deaths of our officers and 
 soldiers which have occurred in Richmond or elsewhere. The lists of deaths Mr. 
 Ould has furnished fall very far short of what we have a right to expect. He 
 has received lists of thousands, while he returns less than hundreds. 
 Very respectfullv, your obedient servant, 
 
 W. HOFFMAN, 
 Col. 3d In.lantnj, Com. Gcncidl of Prisoners. 
 Major General B. F. Bi'tlrr, 
 
 CotrC r for Exchange of Prisoners, Fort Monroe, T'a. 
 
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