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Southern Historical Society Papers.
Vol. XXX. Richmond, Va., January-December. 1902.
Treatment And Exchange Of Prisoners.
He then tells Colonel Ludlow that he is satisfied that he (Ludlow) has tried to have these prisoners released, but without avail, and then tells him again that the Confederates were compelled to notify him that they must resort to retaliation; but telling him further that he will be notified of each case in which this course is pursued.
On the same day he wrote another letter calling Ludlow's attention to the report that Captains McGraw and Corbin had been tried and sentenced to be shot for recruiting for the Confederates in Kentucky, and saying that if these men were executed the Confederate authorities had selected two captains for execution in retaliation; and he concludes this letter with this significant language:
"In view of the awful vortex into which things are plunging, I give you notice, that in the event of the execution of these persons, retaliation to an equal extent at least will be visited upon your own officers, and if that is found ineffectual the number will be increased. The Great Ruler of Nations must judge who is responsible for the initiation of this chapter of horrors." Id., page 690-'1.
In a letter of January 5th, 1863, Judge Ould wrote:
"Nothing is nearer my heart than to prevent on either side a resort to retaliation. Even if made necessary by course of events, it is much to be deplored. These are not only my own personal views, but those of my Government.
It is almost unnecessary to say that, of course, these complaints and threats and appeals, would not have been made, at the time, and in the manner they were made, had not just cause existed therefor, and that the Federal authorities were solely responsible for the condition of affairs then existing. (See another letter of the same date on the same page as to political prisoners.)
This being the condition of things, on May 25th, 1863, the following order was issued by the Federals:
"WAR DEPARTMENT, WASHINGTON, D. C., May 25, 1863.
"General Schofield:
"No Confederate officer will be paroled or exchanged till further orders. They will be kept in close confinement, and be strongly guarded. Those already paroled will be confined.
"H. W. HALLECK,
"General-in-Chief."
And similar orders were sent to all commanders of Federal forces throughout the country, lb., p. 696. See also pp. 706-'7, 722.
It is surely unnecessary, then, after reading these letters, and this order, to say which side was responsible for violations of the cartel while it remained in operation, and for the suspension of its operations, as well as for the first maltreatment of prisoners.
With the exception of exchanges in individual cases, this suspension of the cartel continued. So that, on July 2nd, 1863, Mr. Davis addressed a letter to Mr. Lincoln (which we have never seen before), in which he said, among other things, after referring to the differences that had arisen between the Commissioners in carrying out the cartel, and the hardships incurred by reason of its suspension-- as follows:
"I believe I have just ground of complaint against the officers and forces under your command for breach of trust of the cartel, and being myself ready to execute it at all times and 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 troops, 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 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 asserting a right to treat as spies the military officers and enlisted men under my command who may penetrate into States recognized by us as our allies in the warfare now waged against the United States, but claimed by the latter as having refused to engage in such warfare. I have therefore on different occasions been forced to make complaints of these outrages, and to ask from you that you 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 war of indiscriminate massacre 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 cannot contemplate it without a feeling of horror that I am disinclined to doubt you would share. With the view then of making our last solemn attempt to avert such calamities, and to attest my earnest desire to prevent them, if possible, I have selected the bearer of this letter, the Hon. Alexander H. Stephens, as a Military Commissioner, to proceed to your headquarters, under flag of truce, there to confer and agree on the subjects above mentioned; and I do hereby authorize the said Alexander H. Stephens to arrange and settle all differences and disputes, which have arisen, or may arise in the execution of the cartel for exchange of prisoners of war, heretofore agreed on between our respective land and naval forces; also to prevent further misunderstandings, as to terms of said cartel, and finally to enter into such arrangement and understanding about the mode of carrying on hostilities between the belligerents as shall confine the severities of the war within such limits as are rightfully imposed, not only by modern civilization, but by our common Christianity." Reb. Rec., Series II, Vol. VI, p. 75-6.
On the 4th of July, 1863, Mr. Stephens, accompanied by Judge Ould, took the foregoing and proceeded down the James river under flag of truce, for the purpose of delivering the letter and of conferring with Mr. Lincoln. They were stopped by the blockading squadron, under the command of Acting Rear Admiral S. P. Lee, near Newport News, and Mr. Stephens then communicated to Admiral Lee the nature of his mission. This communication to Admiral Lee was reported to the Secretary of the Navy, Mr. Gideon Wells, and by the latter to the Secretary of War, Mr. Edwin M. Stanton. After Mr. Stephens had been kept for two days awaiting a reply, he was informed that the Secretary of War refused to permit him to proceed further on the ground, that "the customary agents and channels are considered adequate for all needful communications and conferences." See Mr. Stephens' report, Id., p. 94.
Between the date of Mr. Davis' letter and the 6th of July, when the refusal came to allow Mr. Stephens to proceed further on his attempted mission of mercy and justice, Gettysburg had been fought, and Vicksburg had fallen, and these disasters to the Confederates had not only made the Federals arrogant, but had also given them for the first time since the cartel a preponderance of prisoners, and hence from that time forward, their interest and their policy was to throw every obstacle possible in the way of the further exchanges of prisoners.
The foregoing letter of Mr. Davis exhibits the loftiest statesmanship and Christian character, and should inspire us with a new desire to do honor to his memory, as well as fill us with pride that we had as our civil leader, one so noble, so humane, so just, and so true.
It is interesting to us to know that Mr. Davis and General Lee were in full accord in their views on the question of retaliating on prisoners for offences committed by others. On the 13th of July, 1864, Mr. Seddon, the Confederate Secretary of War, wrote to General Lee calling his attention to the murder of two citizens, in the Valley of Virginia, by General Hunter's orders, or by his command, suggesting that some course of retaliation should be put in operation to prevent further atrocities of the kind, and asking General Lee "what measure of punishment or retaliation should be adopted?" (Id., p. 464.) To this inquiry General Lee replied as follows:
"I have on several occasions expressed to the Department my views as to the system of retaliation, and revolting as are the circumstances attending the murder of the citizens above mentioned, I can see nothing to distinguish them from other outrages of a like character that have from time to time been brought to the attention of the Government. As I have said before, if the guilty parties could be taken, either the officer who commands, or the soldier who executes such atrocities, I should not hesitate to advise the infliction of the extreme punishment they deserve, but I cannot think it right or politic, to make the innocent, after they have surrendered as prisoners of war, suffer for the guilty." * * *
On this letter, Mr. Davis makes this endorsement:
"The views of General Lee I regard as just and appropriate."
Contrast this letter and this endorsement with the treatment accorded by General Sherman to prisoners, as detailed by him on page
194, Vol. 2 of his Memoirs, and you will see the difference between the conduct of a Christian and a savage.
But we must proceed with the subject of the exchange of prisoners: Some time in the summer of 1863, General S. A. Meredith was appointed a Federal Commissioner of Exchange, and in September Judge Ould attempted to open negotiations with him for a resumption of the cartel. To this attempt by letter no reply was received. He renewed these efforts on October 20th, 1863, saying:
"I now propose that all officers and men on both sides be released in conformity with the provisions of the cartel, the excess on one side or the other, to be on parole. Will you accept this? I have no expectation of an answer, but perhaps you may give one. If it does come, I hope it will be soon." Id., p. 401.
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M. E. Wolf