War of the Rebellion: Serial 121 Page 0285 CORRESPONDENCE, ETC.-UNION AND CONFEDERATE.

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near the city of Vicksburg, and there remain at the expense of the United States Government for forty days, or less if properly exchanged. If unavoidable delay should occur in the delivery of Confederate prisoners, the time may be extended a short period. The camp of the prisoners is to be denominated a parole camp, and it shall be properly guarded by the U. S. troops; over it shall wave a flag of truce, and the camp to be inviolate to the operations of the United States or the Confederate States. The exchange agents of the Confederate States and parties to this stipulation are to be allowed to remain at this camp and conduct the interest of the Confederate States in this proposed exchange.

Second. Brigadier-General Smith shall take immediate steps to have an equal number of officers and men prisoners of war of the United States forwarded to Vicksburg for the exchange of the prisoners referred to in the first clause of this stipulation. The prisoners shall be released in the following order:

(1) Those captured by the U. S. forces within the Department of Alabama, Mississippi, and East Louisiana.

(2) Those belonging to the cavalry command of Major-General Forrest, wherever captured.

(3) In the event that the foregoing clauses do not cover the number stipulated for exchange, that prisoners be forwarded belonging to the Army of Tennessee, commanded successively by General Bragg, General Johnston, General Hood, and now by General Taylor. These prisoners shall be guarded by U. S. forces to Big Black, and then turned over to the C. S. forces. When the delivery is effected the agents of exchange of the Confederate States will furnish such a paper as will justify the publication of an order of exchange by the U. S. authorities, and a similar paper shall be furnished by the U. S. authorities concerning the Confederate soldiers delivered.

Third. This exchange to be conducted rank for rank and man for man. Fourth. General Smith stipulates upon the part of the United States that the prisoners of war included in this agreement shall be held strictly under terms, and acknowledges that the prisoners stipulated for are in actual custody, and under whatever conditions until regularly exchanged, as prisoners of war. No order, circular, or other paper shall declare them exchanged, nor under any possible circumstances shall they return to service without the full approval of the officers who stipulate in behalf of the Confederate States, subject to the approval of competent superior authority.

M. L. SMITH,

Brigadier-General.

We accept the above agreement without further reference.

N. G. WATTS,

Colonel and Agent of Exchange.

H. A. M. HENDERSON,

Lieutenant-Colonel and Assistant Agent of Exchange.

HEADQUARTERS ARMIES OF THE CONFEDERATE STATES,

February 21, 1865.

Lieutenant General U. S. GRANT,

Commanding Armies of the United States:

GENERAL: I am informed by the Secretary of War of the Confederate States that General Schofield refuses to receive the prisoners