Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1863-09-18
pyc1r,NCE aNn RETALIATION.

II relates only to the exchange VI SUI 50
Rucker, the man charged with murder. anu
horse stealing, in Allegheny county III ''S'-
mia. q county not only in this State but at inc
time Of the alleged offences within our NINA
w lines. awaits his trial still, that TRIAL
hovinc bccn deferred twice, 1T his own fe
quest. or course, being in custody i'r !"
cr;,n;roI offence under tie laws "i MS o""
State, although ho is claimed 70 nave "ee''
made a surgeon in the Fedora service l";teT
oonr,;s.;,n Of the crimes) Judge Ould had
M rower 10 deliver him up as an exchanged
,r;soner Of war. Therefore, the enemy-act-
;n.. ,non the too wcll-grou!lded bchet that
threats of outrages committed on our prison
~. uSdcr the false prctcnsc Of retaliation,
,rou]d make our authorities Hesitate even to
nerform an act of the plainest criminal JUS
ticc within their own iurisdiction-set apart
DIR. Green. an honorable gentleman and prl-
so,er Of war, rs q hostage for the alleged
murderer and horse.stcaler. They not only
did this. but began, without reason alleged, to
detain others Of our surgeons in their custody
though already exchanged. So far back as
the Doth May, Judge Ould wrote tic first let
ter to Colonel Ludlow, asking if it was their
intention to retain surgeons. On 1.-THE 9th
June Colonel Ludlow replies, giving no other
answer than to Suggest that DR.. Fucker be
included" in the next batch Of exchanged pri
soners; and atding,-1 saw DR.. Green at Fort
Norfolk. He is most anxious to know what IS
to be his fate. Can you inform him" Now,
Judge Ould could not inform him, if the fate
of'that gentleman was to depend on the late
of the man charged with murder. But, uu-
willing to leave the matter thus pending, thus
seeming to admit that the detention Of DIR.
Green was a Just case Of military retaliation,
our Commissioner on the 10Th June, explains
| once more to LUDLOW why il was that Rucker
could not lie given up: and adds: III you
have any e.ich officers Of the Confederate
States in any such position, tha: is, indicted
for q criminal offence Ivy the laws of any
| State even though hcmay have been declared
exchanged 10y our general agreements. | can
not complain Of his retention
On the l4th June, Ludlow rcioins: CDR.
Green will be retained as ashostagc FOR DIR.
Fucker. All other surgeons in our custody,
three or four being here will lie released
and delivered to you on the release and de
livery to me OF all you held, except DR.. fuck-
cr''-and he proposes that the detention OF
surgeons lie confined 20 those ''"o.' Once
more. in long letter, Judge 0Uld explains
that he cannot give up DR.. Ruckcr, nor con-
sent that Dr.. Green should be considered a
"hostarc" for him He says: "Your request
for the discharge of all. surgeons except DR..
Rucker and Or. Green, is simply asking me to
admit that the former is uniustly detained,
and the latter rightly held in retaliation. -
Again, on 18th July, Col. Ludlow responds,
commencing hisle:ter with what he knew 20
he an untruth CAS- understood by me, Or.
Fuckers alleged offences were committed in
West Virginia, within the territory m;litari'y
occupied at the time by the troops Of the Uni
ted States If SO, by the laws and usagrs of
war. your authorities have no jurisdiction in
his case" And he re;tcrates his Witimatum,
that he is ready to exchange all other surgeons,
only keeping 'hostage" for the alleged MUIR
dercr.
After that. Ludlow ceased TO be Commits
s:oner and Brig. Gen. Meredith succeeded
To this latter officer Judge 0uld august ICY
| at once exposed the whole case of Rucker and
DR.. Green: especially informing him that Al
| leghany county, where the alleged crimes
were committed, had not been at that timo
even invaded by any Federal forces; furnish
ing the particulars Of the Indictments 70:
murder and horse stealing and referring
General Meredith to the enemy $ own General
Order 100, PARAGRAPH 50, which says exprese
ly: a prisoner of war remains answerable
for bis crimes, committed against the captor' s
army or people, committed before he was cap
tured, and for which he has not been pun.
ished by his Own authorities" Judge 0uld
then rcncws the proposal that, all Surgeons
shall lie exchanged, reserving Ruclcr for
trial. This is the last letter Of the cores
non1cncc: aud no answer has vet been re,
ceived. We see 10 reason to doubt that the
enemy will hold 20 his m!imaiHm; keep a man
o. honor, unstanel by crime as "hostage"
for Il thief and murderer: and If the thief and
murderer be convicted and hanged. then hang
DR.. Green without Judge or Jury: and this
they call retaliation"
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