Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1864-11-10
THE TREATMENT OF NEGRO SOLDIERS

THE TREATMENT OF NEGRO SOLDIERS
HEADQUARTERS ARMY NORTHERN VIRGINIA,
October 10, 1854.
Lism. Gen. U. s. Grant, commanding q. s. Armies.
GENERAL: In accordance with instructions from the
honorable Secretary of tho Confederate States have the
honor to call your attention the subject Of two
ncations recently addressed by Msj Gen Butler an
officer under your command to the Hon Robt Ould com
missioner for the exchange Of prisoners For the better
munc ations r
placed number of officers and belonging to the Con-
service prisoners of captured by United
states forces at labor the canal at Dutch Gap, in
tanauon, az 10 alleged for like number of Federal col
ored soldiers prisoners Of in our hands, who are said
to have been put to work on our Notifications The evil
dence OF this fact Is found in the adavs Of dessrtrs
from our service.
The other letter refers to copy Of notice issued BY
Confederate officer commanding camp near Richmond
cal ing upon the owners to forward and establish
their claims to certain negroes in the custody that Off
GER The writer of tho letter proceeds to that
the negroes mentioned in the notice arc believed to be
t., Q, tSs unsa states captured u arms and
a. no deems most fitting to meet the exigrncy equva
lent number OF prisoners Of war held by the United States
ana announces that he will continue to order labor cap
tves in war to number equal to that Of all the UGied
States soldiers whom he has be eve are he to
service or labor BY the Confederate forces until shall
be notified that the alleged practice the part of the
Confederate authorities has ceased.
Before stating the facts with reference to the parcur
negroes alluded beg to explain the policy pursued By
the Confederate Government toward this class of
when captured by our forces.
All negroes the military naval service of the Uni
ted States taken by who not identified the PRO.
perty of citizens residents of any of the Confederate
Statea regarded prisoners of being held
proper subjects Of exchange recently had the honor
to inform No labor exacted from such prisoners
by the Confederate authorities.
Negroes who service labor to citizens or resi-
dents of the Confederate States and who through COM
puon persuasion their accord leave their
and placed in the military naval service of the United
States occupy different position.
The right to the service labor of negro slaves in hs
Confederate States is the when the States
members of the Federal Union. The constitutional
relations and obligations of the Confederate States to the
of this species Of the those
frequently and so long Recognised as those appetnng to
the Government of the United States with the
same class of persons by virtue of ta organic law
From the earliest period of the Independence of the
American States it has been held that of the
cumbent upon the several common governments under
which they have from time to time been associated
the return to their lawful of slaves recaptured
from the public enemy 1t has been uniformly held that
the capture abduction of slave does not impair
right Of the such slave but that the right
to hm Immediately upon recspture,
Such the practice Of the American States during
their struggle for Independence The Government under
which they then associated restored to owners
slaves abducted by the British forces and subsequently,
captured by the American armies.
In the war Of 1919 with Great Britain the course pur
sued by the United States Government the aud
recognised the right Of the the ecaptured
from enemy. Both the Continental United states
Governments in fact denied that the seduction Of slaves
was belgerent right; and the latter Power insisted
upon. and ultimately secured BY treaty pecuniary in
demnty from the British Government for slaves taken by
its forces during the war of 1912.
And it is supposed that slave belonging to citizen Of
State in which slavery is recognised aud which
garded OF the United States to escape into
the Confederate States be captured abducted by
their armies the legal right Of the reclaim him
would DO as clear now % in 1872 the Constitution Of the
that
instrument having been Interpreted in the judicial dec
sious legislative and diplomatic and correspondence
of the United States imposing that Government
the duty of protecting, in all coming within the
scope of its authority, the of slaves well Of
any other kind OF property recognised as such by the
several States
The Confederate Government, bound by the same con-
sttutonsl obligations considers, that of the United
did, that the capture abduction of slave does
cspured and am instructed to say that all such slaves
when properly identified belonging to cx of any of
the Confederate States to enjoying the pro-
lection Of their laws, will be restored like other recap
tured private property, to those entitled to them.
Having endeavOred to explain the general policy of the
Confederate Government with regard to this subject
beg state the facts concerning the particular
actions referred to 10 the enclosed communications
The negroes recently captured by forces sent
to Richmond with other Federal prisoners After their
arrival it discovered that number Of them
slaves belonging to citizens residents Of Of the
Confederate States and of this class fftynin learn
were sent with other negroes to work the Notifications
claim them As was informed Of the fact, less
than two days afterwards not wishing TO employ them
here ordered them to be cent TO the BY msap
prehenson Of the engineer officer in charge they
transferred to lines south of the James river but when
apprzed of the error repeated the order for their
moval If any negroes were included among this number
who we're not identified the slaves of citizens resi-
dents Of of the Confederate States they so IN
cuded without the knowledge authority of the War De-
partment as already explained and the mistake when dis
| covered would have been corrected
II only remains for me to that negroes employed
upon our Notifications not allowed to be placed where
they will be exposed to fire. and there 10 oundaonfor
any statement the contrary The author oftbe
picatons referred to has considered himself justified by
the reports of two deseters who do not aegs that the
negroes in question exposed to danger 10 placing
our prisoners under the fire Of our batteries.
In view Of the explanations of the practice OF the Con-
edersts above given and of the statement of
facts have made have in accordance with my
Instructions respectfully 10 inquire whether the course
toward prisoners set forth n the accom-
panyng letters has your sanction, and whether 1t will be
maintained
Very respectfully, your obedient servant,
X. X. LEE, General.
HEADQUARTERS ARMIES OF THE UNITED STATES,
October 20, 1864.
| Gen. r. Il. LEE, @. s. A.
Commanding Army Northern Virginia.