War of the Rebellion: Serial 116 Page 0503 CORRESPONDENCE, ETC. - UNION.

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either party was at liberty to go to the hospital designated and remove their wounded it regarded as suitable in the case of this hospital. If, however, there are none of the enemy's wounded in this hospital a number equal to those we have there may be taken from the wounded of the enemy now in field hospitals within our lines and in front of our main body, and these exchanged for the wounded referred to in this paper.

By command of General Buell:

JAMES B. FRY,

Assistant Adjutant-General and Chief of Staff.

The attention of the commander of the U. S. forces is respectfully called to this paper in connection with the original paper herewith from Major-General Polk, C. S. Army.

Respectfully, your obedient servant,

G. T. BEAUREGARD,

General, Commanding.

[Indorsement.]

HEADQUARTERS, April 30, 1862.

The misunderstanding has grown out of a misapprehension as to what hospital was meant by the enemy in sending for their wounded, and also out of the supposition that the privilege of removal had some limit of time, though it was not so expresse, and that limit had expired. I recommend, however, that the wounded who were under the charge of Surgeon Lyles be returned to the enemy when a list of their names is furnished.

I suggest that answer be returned and that I may be allowed to select the officers to accompany the flag of truce, which it would be desirable to send to-morrow if possible.

Respectfully,

D. C. BUELL,

Major-General.

[Inclosure Numbers 1.]

GENERAL HOSPITAL OF THE FIRST ARMY CORPS,

In the Field, April 10, 1862.

This convention made and entered into this day between the undersigned representing our two Governments, witnesseth:

That as there are many wounded men belonging to each party unable to be removed they shall remain in hospital here and be attended by their respective surgeons and hospital attendants.

It is further agreed that such surgeons and hospital attendants and patients are to be respected by both armies, and are not to be held as prisoners of war or otherwise but are to be removed without hindrance or molestation at their own will and convenience.

It is further agreed that the wounded, surgeons and attendants are to be subsisted mutually with such supplies as can be furnished.

It is further agreed that the private property of the surgeons is to be respected by both parties.

[Signed in duplicate.]

WM. D. LYLES,

Medical Director First Corps, Army of the Mississippi.

JNO T. BERGHOFF,

Brigadier Surgeon First Brigade, Sixth Division, U. S. Army.

Approved:

JOSEPH WHEELER,

Colonel Nineteenth Alabama Regiment, Commanding Rear Guard.