transfer 1,000 prisoners from Fort Delaware to another station. The infection of smallpox being among them is of itself an objection to sending them elsewhere. You will have to take advantage of fair weather and let a few at a time sleep out of doors within the inclosure.

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

W. HOFFMAN,

Colonel Third Infantry and Commissary-General of Prisoners.

HDQRS. DEPT. OF VIRGINIA AND NORTH CAROLINA,
In the Field, August [27], 1864.

Honorable ROBERT OULD, Commissioner for Exchange:

SIR: Your note to Major Mulford, assistant agent of exchange, under date of 10th of August, has been referred to me. *

You therein state that Major Mulford has several times proposed to exchange prisoners respectively held by the two belligerents, officer for officer, and man for man, and that "the offer has also been made by other officials having charge of matters connected 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 Mulford) 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 the 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 if, 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 myself, as agent of exchange, to exchange all prisoners of war taken by either belligerent party, man for man, officer for officer, of equal rank, or their equivalents. It was made by me as early as the first of the winter of 1863-64, 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 U. S. Army as prisoners of war. To that inquiry no answer has yet been made. To avoid all possible misapprehension or mistake hereafter as to your offer now, will you say now whether you mean by "prisoners held in captivity" colored men, duly enrolled and mustered into the service of the United States, who have been captured by the Confederate forces, and if your authorities are willing to exchange all soldiers so mustered into the U. S. 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 on the part of the United States, at Fort 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

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*See p. 578.

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