Just to clarify my earlier post for those who aren't familiar with the references:
The "Retaliatory Act" was passed by the Confederate Congress on May 1, 1863, and stated that USCT soldiers would not be treated as prisoners of war. The African American enlisted men would be re-enslaved and the white officers would be tried by military commission for "inciting servile insurrection" -- a capital offense.
http://hd.housedivided.dickinson.edu/node/39620
That same day the Confederate Congress incorporated the battle flag into the design for the Second National flag, which was hailed as the "white man's flag" --
http://www.thiscruelwar.com/william-thompson-the-confederate-cause-and-the-white-mans-flag/
The two acts taken together illustrate the profound racism at the heart of the Confederacy. The refusal to treat USCT soldiers of the United States Army as prisoners of war when captured was a principal cause of the breakdown of the Exchange Cartel and the major reason for the suffering of all POWs thereafter.
Any "shame" related to the treatment of prisoners on both sides -- as well as those murdered in the field in lieu of being taken prisoner -- can be directly tied to the official policy of the rebel government.
More on this:
HEADQUARTERS DEPARTMENT OF VIRGINIA,
Fort Monroe, June 14
, 1863
.
Hon. ROBERT OULD,
Agent for Exchange of Prisoners:
SIR: I assure you that you have not transgressed any propriety in your questions as to the purpose of the United States Government to execute its conscription act and as to the number of men who will be raised under its provisions. I have the honor to inform you in reply that the conscription act is now being executed and that a sufficient number of men will be raised under its provisions to bring this war to a speedy and successful conclusion.
My object in requesting from you a copy of the act of the Confederate Congress and information as to intentions to execute it was to know officially what disposition under the act was proposed to be made of officers and men captured in arms and who had been duly mustered into the service of the United States, and also that the issues thereby presented could be fully understood and promptly met.
Sections 4, 5, 6, and 7 of this act propose a gross and inexcusable breach of the cartel both in letter and spirit. Upon reference to the cartel you will find no mention whatever of what was to be the color of prisoners of war. It was unnecessary to make any such mention, for before the establishment of this cartel and before one single negro or mulatto was mustered into the U.S. service you had them organized in arms in Louisiana. You had Indians and half-breed negroes and Indians organized in arms under Albert Pike, in Arkansas. Subsequently negroes were captured on the battlefield at Antietam and delivered as prisoners of war at Aiken's Landing to the Confederate authorities, and receipted for and counted in exchange. And more recently the Confederate legislature of Tennessee have passed an act forcing into their military service (I quote literally) all male free persons of color between the ages of fifteen and fifty, or such number as may be necessary, who may be sound in body and capable of actual service; and they further enacted that in the event a sufficient number of free persons of color to meet the wants of the State shall not tender their services, then the Governor is empowered through the sheriffs of different counties to impress such persons until the required number is obtained.
But it is needless to argue the question. You have not a foot of ground to stand upon in making the proposed discrimination among our captured officers and men. I protest against it as a violation of the cartel, of the laws and usages of war, and of your own practices under them.
Passing events will clearly show the impracticability in executing the act referred to.
In case, however, the attempt be made to execute it I now give you formal notice that the United States Government will throw its protection around all its officers and men without regard to color, and will promptly retaliate for all cases violating the-cartel or the laws and usages of war.
I am, very respectfully, your obedient servant,
WM. H. LUDLOW,
Lieutenant-Colonel and Agent for Exchange of Prisoners.
[OR Series II Vol VI, pp. 17-18]
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HEADQUARTERS DEPARTMENT TRANS-MISSISSIPPI,
Shreveport, La., June 13
, 1863
.
Maj. Gen. R. TAYLOR,
Commanding District of Louisiana:
GENERAL:
I have been unofficially informed that some of your troops have captured negroes in arms. I hope this may not be so, and that your subordinates who may have been in command of capturing parties may have recognized the propriety of giving no quarter to armed negroes and their officers. In this way we may be relieved from a disagreeable dilemma. If they are taken, however, you will turn them over to the State authorities to be tried for crimes against the State, and you will afford such facilities in obtaining witnesses as the interests of the public service will permit. I am told that negroes found in a state of insurrection may be tried by a court of the parish in which the crime is committed, composed of two justices of the peace and a certain number of slave-holders. Governor Moore has called on me and stated that if the report is true that any armed negroes have been captured he will send the attorney-general to conduct the prosecution as soon as you notify him of the capture.
I have the honor to be, general, your obedient servant,
E. KIRBY SMITH,
Lieutenant-General, Commanding.
[OR Series II Vol VI, pp. 21-22]
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HEADQUARTERS DEPARTMENT TRANS-MISSISSIPPI,
Shreveport, La., June 13
, 1863
.
Maj. Gen. R. TAYLOR,
Commanding District of Louisiana:
GENERAL:
In answer to the communication of Brigadier-General Hébert, of the 6th instant, asking what disposition should be made of negro slaves taken in arms, I am directed by Lieutenant-General Smith to say no quarter should be shown them. If taken prisoners, however, they should be turned over to the executive authorities of the States in which they may be captured, in obedience to the proclamation of the President of the Confederate States, sections 3 and 4, published to the Army in General Orders, No. 111, Adjutant and Inspector General's Office, series of 1862. Should negroes thus taken be executed by the military authorities capturing them it would certainly provoke retaliation. By turning them over to the civil authorities to be tried by the laws of the State no exception can be taken.
I am, general, very respectfully, your obedient servant,
S.S. ANDERSON,
Assistant Adjutant-General.
[OR Series II Vol VI, p. 22]
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HEADQUARTERS DEPARTMENT OF VIRGINIA,
Fort Monroe, June 22
, 1863
.
Hon. E. M. STANTON,
Secretary of War:
SIR: I have the honor to inclose copies of correspondence between Mr. Ould and myself and which I hope will meet your approval.
I have reason to believe that Mr. Ould avoided compliance with my demand for copy of an act of the rebel Congress for other reasons than the one stated by him.
The retention of Colonel Streight's officers under this act, the mustering into the U.S. service of Negroes and officers in command of them, and the pledge thereby implied of protection seemed to make it necessary and desirable that the issue should be promptly met.
I notice strong indications that this subject of so-called retaliation is getting unpopular among the Confederates.
I desire to effect exchanges of officers in accordance with the cartel and general principles, and not by special or individual arrangements, and I do not think that the public service will be benefited by making the latter.
I have the honor also to inclose a copy of a communication from Mr. Ould on the subject of parties going to the South and to which I have made no response.
I am, very respectfully, your obedient servant,
WM. H. LUDLOW,
Lieutenant-Colonel and Agent for Exchange of Prisoners.
[OR Series II Vol VI, pp. 32-33]