PRISONERS, EXCHANGE OF 



C85 



free negroes whose residence was at the North, 

 to become soldiers. It would have a perfect 

 right, they said, to make war upon them with 

 elephants, or wild cattle, or dogs, and equally so to 

 employ negroes as soldiers. But it was denied 

 at Richmond that the Federal Government had 

 tho right to take a man's negro and arm him 

 against his master; and asserted that his 

 master, wherever he may find that stolen or 

 runaway negro, is entitled to reclaim him. The 

 Federal Government regarded itself hound to 

 protect those in whose hands they had put 

 arms in its defence without respect to their 

 previous condition. It objected to exchange 

 white for white, as the enemy would thereby 

 not only be relieved of the burden of maintain- 

 ing the white troops, but they would get back 

 their men and retain in their power the negroes 

 without fear of retaliation. 



A voluminous correspondence took place be- 

 tween the Commissioners of Exchange relative 

 to the slaves. Maj.-Gen. Butler, then acting as 

 Commissioner, contended that the slaves were 

 such no longer, and that the Government of the 

 United States was bound in honor and good 

 faith to accord to them the same protection that 

 it threw around all other soldiers. The position 

 of the Richmond authorities, which he sought 

 to combat, was that slaves were property, and 

 that property recaptured from an enemy in 

 war reverts to its owner, if he can be found, or 

 may be disposed of by its captor in any way he 

 sees proper. On this ground the distinction 

 made between soldiers who had been slaves, and 

 others, was sought to be justified. 



This dispute was thus founded on principles 

 which each party held to be fundamental, and 

 yet were directly opposite. If the Federal Gov- 

 ernment yielded its assent to this doctrine, it 

 would be an abandonment of the proclamation 

 of emancipation, a breach of faith toward those 

 men it has made free and accepted as soldiers in 

 its service, and a direct recognition of the prin- 

 ciple of property in man. On the other hand, 

 if the Richmond authorities recognized the right 

 of those fugitives from bondage to freedom, it 

 would be an abandonment of the position for 

 which they had been so long contending, and 

 knock the corner-stone from under the whole 

 fabric of slavery. The excess of prisoners finally 

 became so large in the Federal hands, that the 

 question upon which it'was impossible to agree 

 was temporarily waived. 



Another difficulty which existed early in the 

 year, and at the close of the previous one, was 

 a charge that the Federal Government departed 

 from the original agreement. This cartel pro- 

 vided that all prisoners should be exchanged, 

 and the balance on either side to be considered 

 on parole. Exchanges under the cartel were 

 stopped by the Federal Government on the 

 ground that paroled rebel prisoners were put 

 into the ranks again before accounts were 

 balanced and their exchange regularly declared. 

 The words of the cartel were as follows : 



A'J prisoners of war are to be discharged on parole 



in ten days after their capture, and the prisoners now 

 held, and those hereafter taken, to be transported to 

 the points mutually agreed upon, at the expense of 

 the capturing party. The surplus, not exchanged, 

 shall not be permitted to take up arms again, nor to 

 serve as military police, or constabulary force in any 

 fort, garrison, or field-work, held by either of the re- 

 spective parties, nor as guards of prisoners, depots, or 

 stores, nor to discharge any duty usually performed 

 by soldiers, until exchanged under the provisions of 

 this cartel. The exchange is not to be considered 

 complete until the officer or soldier exchanged for has 

 been actually restored to the lines to which he belongs. 



Each party, upon the discharge of prisoners of th 

 other party, ia authorized to discharge an equal num- 

 ber oftheir own officers or men from parole, furnish- 

 ing at the same time to the other party a list of their 

 prisoners discharged, and of their own officers and 

 men relieved from parole ; thus enabling each party 

 to relieve from parole such of their own officers and 

 men as the party may choose. The lists thus mu- 

 tually furnished will keep both parties advised of the 

 true condition of the exchange of prisoners. 



From the date of the cartel until July, 1863, 

 the enemy had an excess of prisoners. Tho 

 Federal authorities after that date declared the 

 cartel had been violated by the release from 

 parole of the Vicksburg prisoners, and refused 

 to proceed. They then proposed to exchange 

 officer for officer and man for man. This was 

 refused by the other side on the ground that it 

 was a departure from the cartel, and the ex- 

 change was suspended for some time on this 

 ground. At length on August 10th the Confed- 

 erate Commissioner accepted these terms, " in 

 view of the very large number of prisoners now 

 held by each party and the suffering consequent 

 upon their consequent confinement." The ex- 

 change, however, was not at that time resumed, 

 as the question of slave soldiers was still under 

 discussion. 



This general suspension of an exchange and 

 the rapid accumulation of prisoners became an 

 additional cause of irritation to both parties. 

 In the Federal hands there were between 60,000 

 and 70,000, and nearly as many in Confederate 

 prisons. To the enemy there was an additional 

 grievance arising from this detention. Their 

 supply of men was limited ; they needed every 

 one for service in the field. In addition a large 

 force was necessarily withdrawn from the field 

 to guard the prisoners. Statements of great 

 cruelty to Federal prisoners were now pub- 

 lished and verified. Among them was the fol- 

 lowing appeal to the President, made by officers 

 in confinement at Charleston : 



CONFEDERATE STATES PEISOX, \_ 

 CHARLESTON-. S. C.. August . 1504 ) 

 To the President of the United State : 



The condition of the enlisted men belonging to the 

 Union armies, now prisoners to the Confederate rebel 

 forces, is such that it becomes our duty, and the duty 

 of every commissioned officer, to make known tho 

 facts in the case to the Government of the United 

 States, and to use every honorable effort to secure a 

 general exchange of prisoners, thereby relieving 

 thousands of our comrades from the horrors now sur- 

 rounding them. 



For some time past there has been a concentration 

 of prisoners from all parts of the rebel territory to 

 the State of Georgia the commissioned officers' be- 

 ing confined at Macon, and the enlisted men s\ An 

 dersonville. Recent movements of the Union armies 



