The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1864-09-12
Peace a Hateful Word,
Gen. Butler on Exchange of Prisoner


Gen. Butler on Exchange of Prisoners.
A correspondence recently took place be.
tween Robert ould, Confederate Commission
er ofExchange, and Gen. Butler. From the
letter of the latter we make the following e1.
tracts, which will be read with interest:
proposition was made both BY Major Mul-
lord and by myself, as agents of exchange, to
exchange all prisoners OF war taken by either
beiligerent party, man for man, officer for Off
Ger, OF equal rank, or their equivalents. /,
was made by me as early as the first of the win
yer OF is63-4, and has not been accepted. In
May last forwarded to you note desiring
to know whether the Confederate authorities
Intended to treat colored soldiers of the United
States army as prisoners of war. To that in
quiry no answer has yet been made. To avoid
all possible Misrepresentation or mistake here.
alter, as to your offer now, will you now say
whether you mean by "prisioners held in cap
tivity," colored men, duly enrolled and mus
tered into the service of the United States, who
have been captured by the Confederate forces
and If your authorities are willing to exchange
all soldiers so mustered into the United States
army, whether colored or otherwise, and the
officers commanding them, man for man, off,
Ger for oficerg
At an interview which was held between
yourself and the agent ofexchange on the part
OF the United States, at Fortress Monroe, In
March last, you will do me the favor to remem-
Der the principal discussion turned upon this
very point; you, on behalf of the Confederate
government, claiming the right to hold all ne
groes, who had heretofore been slaves and not
emancipated by their masters, enrolled and
mustered into the service of the United States,
when captured by your forces, not as prisoners
OF war, but upon capture to be turned over to
their supposed masters OF claimants, whoever
they might be, To be held by them as slaves.
ny the advertisements in your newspapers,
calling upon masters TO come forward and
claim these men so captured, / suppose that
your authorities stiii adhere 10 that claim-that
Is to say, that whenever a colored soldier of
the United States is captured by you, upon
whom any claim CA oe made by any person
residing within the states now In insurrection,
such soldier Is not TO be treated as prisoner
OF war, but Is 10 be turned over TO his suppos-
ed owner or claimant, and put at such labor or
service as that owner or Claimant may choose.
and the officers In command OF such soldiers.
10 the language OF supposed act Of the Con-
federate States, are 10 lie taraed over TO the
Governors OF states, upon acquisitions, for the
purpose Of beng punished by the laws OF such
states for acts done In war In the armies ofthe
United States.
You must be aware that there Is stlll pro-
clzmation OF jefferson Davis, claiming 70 be
Chief Executive Of the Confederate States, de-
claring ln substance that al officers OF colored
troops mustered into the service Of the United
States were not 20 be treated az prisoners of
war, but were to be turned over for punish
ment 10 the Governors OF States,
These declarations on the part Of those
whom you represent yet remain unrepesled,
unannulled, unreyoked, and must therefore be
still supposed TO be authoritative. By your
acceptance OF onr proposition, is the Govern
ment OF the United States TO understand that
these several claims, enactments and proclaim
ed declarations are TO be given up, set aside,
revoked, and held for naught by the Confed-
crate authorities. and that you are ready and
willing TO exchange man for man those color
ed soldiers of the United States, duly muster
ed and enrolled as such, who have heretofore
been claimed as slages BY the Confederate
States, as well as white soldiers?
Ii this be so, and you are SO willing TO ex-
change these colored men claimed as slaves,
and you win so officially inform the govern
ment Of the United States, then, as am in
structed, a princidal difficulty in ehecting ex-
changes win be removed.
As informed you personally, in my judg-
ment, Ii Is neither consistent with the policy,
any consideration, TO allow those who, by our
laws solemny enacted, are made soldiers OF
the Union, and who have leea daily enlisted,
enrolled and mustered as such soldiers-who
have borne arms In behalf OF this country, and
who have been captured while lighting In vim
dication of the rights OF thst country, not to be
treated as prisoners OF war, and remain unex-
changed, and In the service OF those who claim
them as masters; and / cannot believe that
the government OF the Unitod S.stss will
ever be found 70 oGnsent TO so gross a wrong.
Pardon me ii l misunderstood you in sup
posing that your acceptance OF our proposition
does not in good faitn mean TO include all the
soldiers OF the Union, and that you still in
tend II your acceptance is agreed 10, TO hold
the colored soldiers of the Union unexchang-
ed, and az labor or service, because ! am in
formed that very lately, almost contemporan-
eously with this offer on your part TO exchange
prisoners, and which seems to include ail pris-
oners OF war, the Confederate authorities have
made declaration that the negroes hitherto
held TO service by owners in the states oil Del
aware, Maryland and Missouri are to be treat
ed as prisoners of war when captured IN arms
in the service Of the United States. Such de.
claration that a part Of the colored soldiers Of
the United States were TO be prisoners Of war
would seem most strongly TO imply that Others
colored men from the insurrectionary states
are TO be held to labor and returned 10 their
masters, il captured by the confederate forces
while duly enrolled and mustered into and &C
tually in the armies of the United States,
| In the view which the government Of the
/ United States takes ofthe claim made by you
to tina persons and services OF these negroes, il
/ is not 10 be supported upon any principle o
national or municipal law.
Looking upon these men only as property
upon your theory Of property in them, we do
not see how this claim can be made, certainly
not how II can be yielded. 1t is believed tc
be wellsettled rule OF public internationa
1 law, and a custom and part of the laws Of
war, that the capture OF movable propert,
4 vests the title to that property In the captor
and therefore when one belligerent gets int,
/ full possession property belonging TO the sub
iects or citizens OF the other belligerent, tn
! owner of that property Is at once divested o
/ his title, which rests In the belligerent gov
ernment capturing and holding such posses.
ion. Upon this rule Of International law a
civilized nations have acted, and by It boil
belligerents have dealt with all property, saw
slaves, taken from each other during the pres
ent war.
II the Confederate forces capture numbe
of horses from the United States, the animal
Immediately are claimed to be, and, as We uu
derstand 1t, become the property Of the Coz
federate authorities.
II the United States capture any movabl
J property in the rebellion, by our regulation
! and laws, in conformity with internationi
law and the laws Of war, such property
: turned over to our government as its propel
". Ihereiore,i If we obtain possession Of TN
species OF property known 70 the the laws
ntsuirsrt'onsry states as slaves, why shoul
there be any doubt that that property. lik