"It now appears, by statements made without contradiction in newspapers published in New York, that the prisoners above mentioned were conveyed to that city, and have been treated not as prisoners of war, but as criminals; that they have been put in irons, confined in jail, brought before courts of justice on charges of piracy and treason; and it is even rumored that they have been convicted of the offenses charged, for no other reason than that they bore arms in defense of the rights of this Government and under the authority of its commission.

"I could not, without grave discourtesy, have made the newspaper statements above referred to the subject of this communication, if the threat of treating as pirates the citizens of this Confederacy, armed for its service on the high-seas, had not been contained in your proclamation of the 19th of April last. That proclamation, however, seems to afford a sufficient justification for considering these published statements as not devoid of probability.

"It is the desire of this Government so to conduct the war now existing as to mitigate its horrors as far as may be possible, and, with this intent, its treatment of the prisoners captured by its forces has been marked by the greatest humanity and leniency consistent with public obligation. Some have been permitted to return home on parole, others to remain at large, under similar conditions, within this Confederacy, and all have been furnished with rations for their subsistence, such as are allowed to our own troops. It is only since the news has been received of the treatment of the prisoners taken on the Savannah, that I have been compelled to withdraw these indulgences, and to hold the prisoners taken by us in strict confinement.

"A just regard to humanity and to the honor of this Government now requires me to state explicitly that, painful as will be the necessity, this Government will deal out to the prisoners held by it the same treatment and the same fate as shall be experienced by those captured on the Savannah; and, if driven to the terrible necessity of retaliation by your execution of any of the officers or crew of the Savannah, that retaliation will be extended so far as shall be requisite to secure the abandonment of a practice unknown to the warfare of civilized man, and so barbarous as to disgrace the nation which shall be guilty of inaugurating it.

"With this view, and because it may not have reached you, I now renew the proposition made to the commander of the blockading squadron, to exchange for the prisoners taken on the Savannah an equal number of those now held by us according to rank."

This communication was taken by Colonel Thomas Taylor, who was permitted to visit Washington, but was refused an audience with President Lincoln. He was obliged to content himself with a verbal reply from General Winfield Scott that the communication had been delivered to President Lincoln, and that he would reply in writing as soon as possible. No answer ever came. We were compelled to select by lot from among the prisoners in our hands a number to whom we proposed to mete out the same fate which might await the crew of the Savannah. These measures of retaliation arrested the cruel and illegal purposes of the enemy.

Meantime, as early as May 21, 1861, the Confederate Congress pa.s.sed an act which provided that--

"All prisoners of war taken, whether on land or sea, during the pending hostilities with the United States, shall be transferred by the captors from time to time, and as often as convenient, to the Department of War; and it shall be the duty of the Secretary of War, with the approval of the President, to issue such instructions to the quartermaster-general and his subordinates as shall provide for the safe custody and sustenance of prisoners of war, and the rations furnished prisoners of war shall be the same in quant.i.ty and quality as those furnished to enlisted men in the army of the Confederacy."

This law of Congress was embodied in the orders issued from the War Department and from the headquarters in the field, and no order was ever issued in conflict with its humane provisions.

Nevertheless, the Government of the United States, forgetful of the conduct of Great Britain toward her revolted colonies, apparently refused all consideration of the question of exchange of prisoners, as if impressed with the idea that it would derogate from the dignity of its position to accept any interchange of courtesy. An exchange was therefore occasionally made by the various commanders of troops under flags of truce, while the Federal Government made the paltry pretense of not knowing it. We released numbers at different points on parole, and the matter was compromised in various ways.

Fifty-seven wounded soldiers were unconditionally released at Richmond and sent home. In response, twenty of our soldiers, mostly North Carolinians, were released from Bedloe's Island, New York, and sent to Fortress Monroe, to be discharged on condition of taking the oath, so called, of loyalty to the United States Government.

Thirty-seven confined in the military prison at Washington were released on taking the oath. On September 3d an exchange was made between General Pillow and Colonel Wallace, of the United States Army. Whereupon General Polk proposed an exchange to General Grant, who replied, on October 14th:

"I can, of my own accordance, make none. I recognize no 'Southern Confederacy' myself, but will communicate with higher authorities for their views."

An exchange was made on October 23d between General McClernand and General Polk. Subsequently, on November 8th, General Grant offered to surrender to General Polk certain wounded men and invalids unconditionally. To this proposition General Polk replied:

"My own feelings would prompt me to waive again the unimportant affectation of declining to recognize these States as belligerents in the interest of humanity; but my Government requires all prisoners to be placed at the disposal of the Secretary Of War."

On November 1st General Fremont made an agreement with General Price, in Missouri, by which certain persons named were authorized to negotiate for the exchange of any persons who might be taken prisoners of war, upon a plan previously arranged. General Hunter, who succeeded General Fremont, on November 7th, repudiated this agreement. A proposition made in the Confederate Congress to return the prisoners captured by us at first Mana.s.sas, without any formality whatever, would doubtless have prevailed but for the difficulty in reference to the crew of the Savannah.

But this determination of the United States Government, not to meet us on the equal footing consistent with the modern usages of war and exchange prisoners, thus far prevented any general arrangement for that object. In consequence, however, of the clamors of the Northern people for the restoration of their friends, both Houses of Congress united in a request to President Lincoln to take immediate steps for a general exchange. Instead of complying with this request, two respectable commissioners were, however, appointed to visit the prisoners we held, relieve their necessities, and provide for their comfort at the expense of the United States. It is impossible to conceive any reason for such conduct, unless it was to exasperate and "fire up the Northern heart," as it was expressed, and thus cause the people to make greater efforts for our devastation. This action on the part of the Government was at a later day known by the expression "waving the b.l.o.o.d.y shirt."

The commissioners arrived at Norfolk, Virginia, but were not allowed to proceed any farther. A readiness on our part to negotiate for a general exchange was manifested, and agreed to by them. This was subsequently approved at Washington. Shortly afterward, on February 14, 1862, an arrangement was made between General Howell Cobb on our part and General Wool, the commander at Fortress Monroe, by the terms of which the prisoners of war in the hands of each Government were to be exchanged man for man, the officers being a.s.similated as to rank; our privateersmen were to be exchanged on the footing of prisoners of war; any surplus remaining on either side was to be released; and during the continuance of hostilities prisoners taken on either side should be paroled. The exchange proceeded, and about three hundred in excess had been delivered, when it was discovered that not one of our privateersmen had been released, and that our men taken prisoners at Fort Donelson, instead of being paroled, had been sent into the interior. Some of the hostages we held for our privateersmen had gone forward, but the remainder were retained. Being informed of this state of affairs, I recommended to Congress that all of our men who had been paroled by the United States Government should be released from the obligations of their parole so as to bear arms in our defense, in consequence of this breach of good faith on the part of that Government. It was subsequently said, on behalf of the United States Government, that the detention of our privateersmen had been intended to be only temporary, to make it certain that the hostages were coming forward.

It is further stated that the only unadjusted point between Generals Cobb and Wool was, that the latter was unwilling that each party should agree to pay the expenses of transporting their prisoners to the frontier, and this he promised to refer to his Government. At a second interview, on March 1, 1862, General Wool informed General Cobb that his Government would not consent to pay these expenses, and thereupon General Cobb promptly receded from his demand, and agreed to the terms proposed by the other side. But General Wool, who had said at the beginning of the negotiation, "I am clothed with full power for the purpose of arranging for the exchange of prisoners,"

was now under the necessity of stating that "his Government had changed his instructions." And thus the negotiations were abruptly broken off, and the matter left where it was before.[112] After these negotiations had begun, the capture of Forts Henry and Donelson had given to the United States a considerable preponderance in the number of prisoners held by them, and they at once returned to their original purpose of an equal treatment.

A suspension of exchange for some months ensued. Finally, a storm of indignation beginning to arise among the Northern people at the conduct of their Government, it was forced to yield its absurd pretensions, and, on July 22, 1862, a cartel for the exchange of prisoners was executed, based on the cartel of 1812 between the United States and Great Britain. In accordance with these terms an exchange commenced, and by the middle of August most of the officers of rank on either side, who had been for any long period in captivity, were released.

On the same day on which the cartel was signed, an order was issued by the Secretary of War, in Washington, under instructions from President Lincoln, empowering the military commanders in Virginia and elsewhere "to seize and use any property, real or personal, which may be necessary or convenient for their several commands for supplies or for other military purposes," and "to keep accounts sufficiently accurate and in detail to show quant.i.ties and amounts and from whom it shall come, as a basis upon which compensation can be made in proper cases." This was simply a system of plunder, for no compensation would be made to any person unless he could prove his fidelity to the Government of the United States.

On the next day, Major-General Pope, in command of the United States forces near Washington,[113] issued a general order directing the murder of our peaceful inhabitants as spies, if found quietly tilling the farms in his rear, even outside of his lines; and one of his brigadier-generals seized upon innocent and peaceful inhabitants to be held as hostages, to the end that they might be murdered in cold blood if any of his soldiers were killed by some unknown persons, whom he designated as "bushwhackers." Under this state of facts, I issued a general order, recognizing General Pope and his commissioned officers to be in the position which they had chosen for themselves-- that of robbers and murderers, and not that of public enemies, ent.i.tled, if captured, to be considered as prisoners of war. Some of the military authorities of the United States seemed to suppose that better success would attend a savage war, in which no quarter was to be given and no age or s.e.x to be spared, than had hitherto been secured by such hostilities as were alone recognized to be lawful by civilized men. We renounced our right of retaliation on the innocent, and continued to treat the soldiers of General Pope's army as prisoners of war, confining our repressive measures to the punishment only of commissioned officers as were willing partic.i.p.ants in such crimes. General Pope was soon afterward removed from command.

In August a letter involving similar principles was addressed by General R. E. Lee to the commanding General at Washington, General Halleck, making inquiries as to the truth of the case of William B.

Mumford, reported to have been murdered at New Orleans by Major-General Benjamin F. Butler, and of Colonel John Owens, reported to have been murdered in Missouri by order of Major-General Pope. I had also been credibly informed that numerous other officers of the army of the United States within the Confederacy had been guilty of felonies and capital offenses, which are punishable by all laws human and divine. Inquiries were made by letter relative to a few of the best-authenticated cases. It was announced that Major-General Hunter had armed slaves for the murder of their masters, and had thus done all in his power to inaugurate a servile war, which is worse than that of the savage, inasmuch as it super-adds other horrors to the indiscriminate slaughter of all ages, s.e.xes, and conditions.

In a letter, dated Port Royal, South Carolina, June 23, 1862, General Hunter said:

"It is my hope to have organized by the end of next fall, and to be able to present to the Government, from forty-eight to fifty thousand of these hardy and devoted soldiers."

Brigadier-General Phelps was reported to have initiated at New Orleans the example set by General Hunter in South Carolina.

Brigadier-General G. N. Fitch was stated in the public journals to have murdered in cold blood two peaceful citizens, because one of his men, when invading our country, was killed by some unknown person while defending his home. General Lee was further directed by me to say that, if a reply was not received in fifteen days, it would be a.s.sumed that the alleged facts were true, and were sanctioned by the Government of the United States, and on that Government would rest the responsibility of retaliatory measures. The reply of the commanding General (Halleck) at Washington was in these words:

"As these papers are couched in language insulting to the Government of the United States, I most respectfully decline to receive them."

On August 20, 1862, I issued an order threatening retaliation for the lives of peaceable citizens reported to have been executed by Brigadier-General Fitch. That report was afterward ascertained to be untrue. On the next day I issued another order, which, after reciting the princ.i.p.al facts, directed that Major-General Hunter and Brigadier-General Phelps should be no longer held and treated as public enemies of the Confederate States, but as outlaws; and that in the event of the capture of either of them, or that of any other commissioned officer employed in drilling, organizing, or instructing slaves, with a view to their armed service in this war, he should not be regarded as a prisoner of war, but held in close confinement for execution as a felon, at such time and place as may be ordered.

In the case of William B. Mumford, a letter was received from General Halleck, dated August 7, 1862, stating sufficient causes for a failure to make an earlier reply to the letter of July 6th; a.s.serting that "no authentic information had been received in relation to the execution of Mumford, but measures will be immediately taken to ascertain the facts of the alleged execution," and promising that General Lee should be duly informed thereof. Subsequently, on November 25, 1862, our agent for the exchange of prisoners, Mr.

Robert Ould, under my instructions, addressed the agent of the United States, informing him that the explanation promised on August 7th had not been received; and that, if no answer was sent within fifteen days, it would be considered that an answer was declined. On December 3d our agent, Mr. Ould, was apprised by the agent of the United States that his letter had been forwarded to the Secretary of War at Washington, and no answer was returned, which was regarded as a tacit admission of the charge. Besides, I had received evidence fully establishing the fact that the said Mumford, a citizen of the Confederacy, was actually and publicly executed in cold blood by hanging after the occupation of New Orleans by the forces under General Benjamin F. Butler, when said Mumford was an unresisting and non-combatant captive, and for no offenses even alleged to have been committed by him subsequent to the date of the occupation of the city. It appeared that the silence of the Government of the United States and its maintenance of Butler in high office, under its authority, afforded evidence too conclusive that it sanctioned his conduct, and was determined that he should remain unpunished for these crimes. I therefore p.r.o.nounced and declared the said Butler a felon, deserving capital punishment, and ordered that he be no longer considered and treated as a public enemy of the Confederate States, but as an outlaw and common enemy of mankind; and that, in the event of his capture, the officer in command should cause him to be immediately executed by hanging.

These measures of retaliation were in conformity with the usages of war, and were adapted to check and punish the cruelties of our adversary.

At length, so many difficulties were raised and so many complaints made in the execution of the cartel, that, for the sake of the unfortunate prisoners, I resolved to seek an adjustment through the authorities at Washington. For this purpose Vice-President Stephens offered his services as a commissioner. The following papers will show the proposition we were prepared to make, and ill.u.s.trate the disposition with which our humane designs were regarded by the enemy:

"RICHMOND, _July 2, 1863._

"Hon. ALEXANDER H. STEPHENS, _Richmond, Virginia._

"SIR: Having accepted your patriotic offer to proceed as a military commissioner under flag of truce to Washington, you will receive herewith your letter of authority to the Commander-in-Chief of the Army and Navy of the United States. The letter is signed by me, as Commander-in-Chief of the Confederate land and naval forces.

"You will perceive from the terms of the letter that it is so worded as to avoid any political difficulties in its reception. Intended exclusively as one of those communications between belligerents which public law recognizes as necessary and proper between hostile forces, care has been taken to give no pretext for refusing to receive it on the ground that it would involve a tacit recognition of the independence of the Confederacy. Your mission is simply one of humanity, and has no political aspect.

"If objection is made to receiving your letter on the ground that it is not addressed to Abraham Lincoln as President, instead of Commander-in-Chief, etc., then you will present the duplicate letter which is addressed to him as President and signed by me as President.

To this latter, objection may be made on the ground that I am not recognized to be President of the Confederacy. In this event you will decline any further attempt to confer on the subject of your mission, as such conference is admissible only on the footing of perfect equality.

"My recent interviews with you have put you so fully in possession of my views, that it is scarcely necessary to give you any detailed instructions, even were I at this moment well enough to attempt it.

My whole purpose is in one word to place this war on the footing of such as are waged by civilized people in modern times, and to divest it of the savage character which has been impressed on it by our enemies, in spite of all our efforts and protests. War is full enough of unavoidable horrors under all its aspects, to justify and even to demand of any Christian rulers who may be unhappily engaged in carrying it on, to seek to restrict its calamities and to divest it of all unnecessary severities. You will endeavor to establish the cartel for the exchange of prisoners on such a basis as to avoid the constant difficulties and complaints which arise, and to prevent for the future what we deem the unfair conduct of our enemies in evading the delivery of the prisoners who fall into their hands; in r.e.t.a.r.ding it by sending them on circuitous routes, and by detaining them sometimes for months in camps and prisons; and in persisting in taking captives non-combatants.

"Your attention is also called to the unheard-of conduct of Federal officers in driving from their homes entire communities of women and children, as well as of men, whom they find in districts occupied by their troops, for no other reason than because these unfortunates are faithful to the allegiance due to their States, and refuse to take an oath of fidelity to their enemies.

"The putting to death of unarmed prisoners has been a ground of just complaint in more than one instance; and the recent execution of officers of our army in Kentucky, for the sole cause that they were engaged in recruiting service in a State which is claimed as still one of the United States, but is also claimed by us as one of the Confederate States, must be repressed by retaliation if not unconditionally abandoned, because it would justify the like execution in every other State of the Confederacy; and the practice is barbarous, uselessly cruel, and can only lead to the slaughter of prisoners on both sides--a result too horrible to be contemplated without making every effort to avoid it.

"On these and all kindred subjects you will consider your authority full and ample to make such arrangements as will temper the present cruel character of the contest, and full confidence is placed in your judgment, patriotism, and discretion that, while carrying out the objects of your mission, you will take care that the equal rights of the Confederacy be always preserved."

"HEADQUARTERS, RICHMOND, _July 2, 1863._

"SIR: As Commander-in-Chief of the land and naval forces now waging war against the United States, I have the honor to address this communication to you, as Commander-in-Chief of their land and naval forces.

"Numerous difficulties and disputes have arisen in relation to the execution of the cartel of exchange heretofore agreed on by the belligerents, and the commissioners for the exchange of prisoners have been unable to adjust their differences. Their action on the subject of these differences is delayed and embarra.s.sed by the necessity of referring each subject as it arises to superior authority for decision. I believe that I have just grounds of complaint against the officers and forces under your command for breach of the terms of the cartel, and, being myself ready to execute it at all times in good faith, I am not justified in doubting the existence of the same disposition on your part.

"In addition to this matter, I have to complain of the conduct of your officers and troops in many parts of the country, who violate all the rules of war, by carrying on hostilities, not only against armed foes, but against non-combatants, aged men, women, and children; while others not only seize such property as is required for the use of your forces, but destroy all private property within their reach, even agricultural implements; and openly avow the purpose of seeking to subdue the population of the districts where they are operating, by the starvation that must result from the destruction of standing crops and agricultural tools.

"Still, again, others of your officers in different districts have recently taken the lives of prisoners who fell into their power, and justify their act by a.s.serting a right to treat as spies the military officers and enlisted men under my command, who may penetrate for hostile purposes into States claimed by me to be engaged in the warfare now waged against the United States, and claimed by the latter as having refused to engage in such warfare.

"I have heretofore, on different occasions, been forced to make complaint of these outrages, and to ask from you that you should either avow or disclaim having authorized them, and have failed to obtain such answer as the usages of civilized warfare require to be given in such cases.

"These usages justify, and indeed require, redress by retaliation, as the proper means of repressing such cruelties as are not permitted in warfare between Christian peoples. I have, notwithstanding, refrained from the exercise of such retaliation, because of its obvious tendency to lead to a war of indiscriminate ma.s.sacre on both sides, which would be a spectacle so shocking to humanity and so disgraceful to the age in which we live and the religion we profess, that I can not contemplate it without a feeling of horror that I am disinclined to doubt you would share.

"With the view, then, of making one last solemn attempt to avert such calamities, and to attest my earnest desire to prevent them, if it be possible, I have selected the bearer of this letter, the Hon.