By the terms of the cartel then in force, prisoners captured by either army were required to be forwarded as soon as possible to either Aiken’s landing below Dutch Gap on the James River, or to Vicksburg, there to be exchanged, or paroled until they could be exchanged.  There was a Confederate commissioner at Vicksburg, authorized to make the exchange.  I did not propose to take him a prisoner, but to leave him free to perform the functions of his office.  Had I insisted upon an unconditional surrender there would have been over thirty thousand men to transport to Cairo, very much to the inconvenience of the army on the Mississippi.  Thence the prisoners would have had to be transported by rail to Washington or Baltimore; thence again by steamer to Aiken’s—­all at very great expense.  At Aiken’s they would have had to be paroled, because the Confederates did not have Union prisoners to give in exchange.  Then again Pemberton’s army was largely composed of men whose homes were in the South-west; I knew many of them were tired of the war and would get home just as soon as they could.  A large number of them had voluntarily come into our lines during the siege, and requested to be sent north where they could get employment until the war was over and they could go to their homes.

Late at night I received the following reply to my last letter: 

“I have the honor to acknowledge the receipt of your communication of this date, proposing terms of capitulation for this garrison and post.  In the main your terms are accepted; but, in justice both to the honor and spirit of my troops manifested in the defence of Vicksburg, I have to submit the following amendments, which, if acceded to by you, will perfect the agreement between us.  At ten o’clock A.M. to-morrow, I propose to evacuate the works in and around Vicksburg, and to surrender the city and garrison under my command, by marching out with my colors and arms, stacking them in front of my present lines.  After which you will take possession.  Officers to retain their side-arms and personal property, and the rights and property of citizens to be respected.”

This was received after midnight.  My reply was as follows: 

“I have the honor to acknowledge the receipt of your communication of 3d July.  The amendment proposed by you cannot be acceded to in full.  It will be necessary to furnish every officer and man with a parole signed by himself, which, with the completion of the roll of prisoners, will necessarily take some time.  Again, I can make no stipulations with regard to the treatment of citizens and their private property.  While I do not propose to cause them any undue annoyance or loss, I cannot consent to leave myself under any restraint by stipulations.  The property which officers will be allowed to take with them will be as stated in my proposition of last evening; that is, officers will be allowed their private baggage and side-arms, and mounted officers one horse