On October 1st, when the number of prisoners was large on either side. General Lee addressed a note to General Grant, saying:
"With a view of alleviating the sufferings of our soldiers, I have the honor to propose an exchange of the prisoners of war belonging to the armies operating in Virginia, man for man, or upon the basis established by the cartel."
On the next day General Grant replied:
"I could not of a right accept your proposition further than to exchange those prisoners captured within the last three days, and who have not yet been delivered to the commanding General of prisoners. Among those lost by the armies operating against Richmond were a number of colored troops. Before further negotiations are had upon the subject, I would ask if you propose delivering these men the same as white soldiers."
On the next day General Lee said, in rejoinder:
"In my proposition of the 1st inst., to exchange the prisoners of war belonging to the armies operating in Virginia, I intended to include all captured soldiers of the United States, of whatever nation and color, under my control. Deserters from our service and negroes belonging to our citizens are not considered subjects of exchange, and were not included in my proposition. If there are any such among those stated by you to have been captured around Richmond, they can not be returned."
On October 20th General Grant finally answered, saying;
"I shall always regret the necessity of retaliating for wrong done our soldiers, but regard it my duty to protect all persons received into the army of the United States, regardless of color or nationality; when acknowledged soldiers of the Government are captured, they must be treated as prisoners of war, or such treatment as they receive inflicted upon an equal number of prisoners held by us."
This was "putting the matter offensively, for the purpose of preventing an exchange," as recommended by General Grant for the adoption of General Butler.
But let us return to the progress of negotiations. In a dispatch from General Grant to General Butler, dated City Point, August 18, 1864, the former says: