[JULY 18?, 1862.]

General D. H. HILL,

GENERAL: I return to you copy of agreement for exchange forwarded by you. I see no object with the present erasures, as it does not seem to differ materially from the agreement proposed, which was the cartel agreed upon between Great Britain and the United Sates, except in article 2. That article in the agreement before me strikes off a large class of non-combatants, and is silent as to the arrest of our citizens. I think it best to let it remain so, as the fear of arrest drives people beyond the lines of the enemy whose services would otherwise be lost to us, and the effect of such arrests upon the temper and feeling of the people is beneficial.

If the latter part of article 2 was stricken out with that view on your part I make on objection.

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

R. E. LEE,

General, Commanding.

HEADQUARTERS ARMY OF NORTHERN VIRGINIA,
July 21, 1862.

Major General D. H. HILL, Commanding Division, &c.

GENERAL: I herewith inclose you articles* of agreement for exchange of prisoners with proposed additions to send article, and a letter from General Lee.

I am, very respectfully, your obedient servant,

A. L. LONG,

Colonel and Military Secretary.

[Inclosure No. 1.]

Proposed addition to second article of agreement for exchange of prisoners:

Private citizens shall not be arrested or confined except upon the charge of acting as spies, giving aid and comfort to the enemy, being turbulent and troublesome to the belligerent within whose lines they may be. And when such arrest shall be made the alleged offender shall be granted a speedy and fair trial, and if innocent shall be immediately released from confinement. All citizens hitherto taken by either party for offenses not above enumerated shall be immediately and unconditionally released.

[Inclosure Numbers 2.]

HEADQUARTERS ARMY OF NORTHERN VIRGINIA,
July 21, 1862.

Major General D. H. HILL, Commanding Division, &c.

GENERAL: You are authorized, should General Dix object to the proposed addition to the second article of agreement as it now stands in the general exchange of prisoners between the Confederate States and the United States of America to sign and confirm all the rest of the articles which are purely of a military character and leave this (the second article) for future consideration and negotiation.

I am, very respectfully, your obedient servant,

R. E. LEE,

General.

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*See p. 266.

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