New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-12-14

...on. coyresnon1ence between Gen. Mere.
Sth and Mr. Ould. therefore tho stand taken ~ the
nth on this subject has has nothing TO do with with the
dacultes on the subject Of exchanges; hut TIE smpc
trnth is that the recent correspondence grew ont OF
and had reference exclusively To DINER thah speoln0
POINTS Of controversy AID there was 10 particular oo
s,oa 10 discuss, in that correspondence, the poca
tion Of Mr. Davis and the proceedings Of the cDei Vo
II win he seen from Col yudlows letter that The
question fully stated in all ITS bearings ~ 10y M
Ludlow. and that Mr.. Ould was invited. re s '"
Co abandon The ground 1 ken by Mr. Davis ana the
Rebel Congress. But this he tss never uun' onY -,
show that the South has deniN'S eco5s IRON IL The
this subject and docs not mean 70 ieoeIg I'm
A.ckfaoaa En04srer Of the 2d INST need ohy DC
In the issue Of that date 7hs En9he Oh ~ , ,ui!
question OF the treatment OF eo0reu troops anu 'ne
stecrs rcces portion Of The Rebel Act OF Congress
IN ms ~ The Confederate CONGRESS. approved May
100 ,b Prcsident ii The United S,sies dated respec
W. varnmsnt Of lie United ststes Of rs authorities
commander and forces, de signed 0r tending 70
sycs IN Confederate State = 20 a5due sucn slaves OF 70
haeite them to instruction or employ negroes IN war
ssains Confederate States TO OVERTHROW the INSTITUTION
Of African Slavery, and orns on setNe var M me, 49,
would If successful produce eiroc9us consequences arc vi
inconsistent win the spirit OF those usage "en, =. "
waTat prevail among civilized nations Nv may 'N'
Sore be properly and lawfully rerressed by reflitoA
Here We have the law SIS /! now stands unrepea'ed'
upon the statutc books " the socalied tofedt aie
States Of Americas ard that this expresses The pnnc
feohpg il the South. need only read the editorial
comments in The Enquirer where We rha tA.s IAN
gnsge - r....,,u. 81 ,ho co,ssera,o
States tcreisigto for every Nosiion OF ne laws OF
war pet Of the enemy and declares the conh''lnf
organizing uidne negroes n anus AGAINST TIE S
States melting evie iusurrocti9n aud those So Se
ing when captured pui-hed with drsthi or ia ne o,'
.S.ion Of The Ire law rtier paiises vi ec@ we
tacitrr ery instruction rebellion ard TIA. al ne roe'
and uetoes tsser In arms u-sns. tire Confederate stGr,
ANAL wbon captured be delivered 90 the authofe oi tire
State States in which oePnstd u De o'"' WIN "ee0s
" the laws of such State
The language Of this law has been construed by the enemy
"a apply 10 nee ne.T5e a the uied States and We mus "a
p that such construction j. not forced but does come Nihn
the terms Of the law. but = e clearly no, WITHIN the r
icc Of nation % undertake. 10 prescribe the soldiers when
another hal, use in is ercs hope that this Law w %
confined by additional legislation 20 such employment p ie
enemy OF slaves free Of the several States OF me
Gou.ederacy.7
Here We see that the law as IL saHds applies even TO
free eolored men OF tie NORTH WHO may engage IN The
service ~ the United States and the editor takes oeca
sign TO suggest Modification oi the law so far &c Trey
sre concerned; but there Il not NcId against re
Il other respects As the law Is applicable !" boiH '
slaves and the nee eoiored people al ie Sosh We my
be found in the army cf the Government sh! are 10 Dc
dealt with according to the pro'isonso Use law, "iO
A. all the more distinctly declared, by TIE proposed eA
eeption in favor Of the free col0fed people Of the NORTH
but the editor did not intend TO leave the smallest
doubt as ~ the purpose OF ihe SoaiA on is queso'
for after stating III excel ton in favor Of TIE free col
orcd men Of the North which however, ihe law as II
stands does no, recognize he proceeds to remark As
Bat The employment Of slaves snd re netroc. ret.
upon entirely different p'eH'e and retaliation foi neh '
roymsut directly ,del tie Laws II waf Upon sleh
rsss,ion We can Stand Aioe the naiios o. the void jsi
e. We upon the punishment Of any deserteI o ou'
AN
Tn nah, Of as,miliur says Natel lie that in virtue
Of persons and things taken ty me enemy are restored
former when coming again under the power o. N"
nation TO which they belonged
And TIE American jur.si, Wheaton Gays:
The jas rosiriaii fiction II the Roman sw. BY
which things taken Vm the enemy were ea 70
be restored ther former state when coming under the
power nstion which they formerly belonged Il Was
applied free persons slaves returning poH"i iiefe
tfeu the law under which the rs, return
ssye his plainly and fully LAID down and upon
this Upon the night 1unsh him ir being found ~
the ranks Of the enemy the authon1es VI" shHa
and won xrfirh slpNy Mi d.
Here then have tie Rebel law and TIE Rebel com
ment and We are told in the most Affirmative language,
that upon this the Confederate Gh0res riA Stand, and
from It they ril not depart
In view e this epose doubt the purpose OF
She South the subject Of coored troops WHO may De-
captured in tire service II the Government and 1t Is
uncomfortable how any can favor he proposition OF
general exchange Of prisoners while the law IL the
South Is what their Own papers represent and approve
and while the practice, unhappily according 70 good
deal Of evidence goes beyond the law Itself III BAR
barity.
1t may just DO remarked. that the Richmond editor
treats the question between two nations already
acknowleged IS independents but ths Ieeosn,,lon Oh
certain bellgercnt rights. principally Affecting
prisoners Of war does not relieve Rebels from
obligations under the Government aid laws OF
the United States. The jus posfIiaiRti. which even
Wheaton calls fiction Of the Roman law, is wholly in
applicable here and the right Of the South To puiis.
sny one is without foundation and must remain 50 uL
al rights over tie South under the General Government
phaIl cease; and this has now become question OF
cover as between the Federal Government and Tie
febeious movement in the South, TO reduce which III
wolves the very life Of the Union and the eminent OF
SLe United States " America
Very respectfully your obedien' servant
r.. A HITCHCOCK