S, P. Carter to Ethan A. Hitchcock, January 5, 1865

Maj. Gen. E. A. HITCHCOCK, Commissioner for Exchange of Prisoners, Washington, D. 0.:

GENERAL: I have the honor to acknowledge the receipt of your communication of the 23d ultimo in regard to the arrangements entered into between the rebel General Vaughn and myself for the exchange and release of citizen prisoners from East Tennessee. The fifth article was intended, as you supposed, simply as a local agreement confined to East Tennessee in its operations, and not as a political, national act. Iconsidered it to bein keeping with the letter and spirit of the President’s amnesty proclamation, as the rebel sympathizers to be affected by it (those who voluntarily abandoned their homes in East Tennessee) are simply permitted to return to them and remain so long as they conduct themselves peaceably and comply with the requirements of the authorities, one of which is (if they would secure protection) to take in good faith, for the purpose of restoring peace and establishing the national authority, the amnesty oath of the 8th of December, 1863. It was expressly stated in conversation with General Vaughn and fully understood, that the United States Government would not suspend action in cases where parties were indicted for treason, nor was our agreement to interfere with any trials pending in the civil courts. Many of our friends, from fear of arrest and maltreatment by the rebel troops, have been in the habit of leaving their homes and of seeking protection within our lines on every retrograde movement of our forces. It is desirable to secure to them, if possible, immunity from arrest in the event their homes are, by military necessity, left unprotected by our troops. And while I must confess I place but little faith in rebel pledges, I deemed it a duty to do all I could for the protection of our loyal citizens from rebel annoyances. Hence the adoption of the fifth article. I should be glad to know if, from your experience with the rebel authorities in the matter of exchanges, you think it will be safe for me to send the hostages now held at the North to the rebel lines immediately after their arrival at Knoxville, or should they be kept here until the rebels comply with their part of the agreement by delivering the Union prisoners at our lines? While I desire to be careful not to violate any part of the obligation for which I pledged the faith of our authorities, nor give the rebels the slightest pretext for failing to release the Union citizens from East Tennessee held by them, I do not wish to act otherwise than in strict compliance with the rules you have found it necessary to adopt in exchanging prisoners unless I have the sanction of the Government in so doing. General Vaughn stated that he supposed that the citizens held by the rebels would reach our lines about the middle of December, but to this date I have heard nothing of them. It may be that the destruction of the Virginia and East Tennessee Railroad in the recent raid of General Stoneman has caused delay in delivering them. I will at least hope so, although I cannot but entertain some fears that they will fail to comply strictly with the agreement. I would suggest that Captain Battle be continued in close confinement and in irons at Fort Delaware until Captain Harris is either released or it is certainly known he will be. When Captain Harris was last heard from, about 1st of December, 1364, he was still at Columbia, 5. C., and in irons. I am, general,

respectfully, your obedient servant,