The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1864-09-06
He EXCHANGE QUESTION.
zen. Buffers Proposition.
His Caustic and Logical Reply
to the Rebel Commissioner.


FIFTH AVENUE HOTEL, New York, Monday,
eptember 3, lS64.-TO the editor Of the New
ork Times:--luclosed l send you a note from
be Agent Of the Exchange Of Prisoners 70 the
Confederate Commissioner, Mr.. Ould, in reply %
is offer TO accept in part, proposition made by
Q eight months since, &c exchange all prisoners
war held by either belligcrent party.
Without awaiting my reply, Mr.. Ould has
rinted his offer, for which purpose it seems TO
ave been made.
am, therefore, driven to the same mode Of
laciDg justification Of the action Of this Govern
nent in possession OF the public before il reaches
he Confederate Commissioner. Respectfully
BENJAMIN T. BUTLER, Maior-General
and Commissioners OF Exchange.
HrApovAnTrRs DEPARTMENT or VIRGINIA
ND NORTH CAROLINA, IN THE FIELD, August
. l., l864.-BOn. Robert Ould, Commissioner OF
Exchange Sir Your note to MAJOR milford
assistant Agent Of Exchange, under date OF 10th
August, has been referred to me.
YoH therein state that Major Milford has seve-
al times proposed to exchange prisoners respec-
lively held by the two belgcrents, officer for
ficer and man for man, and that "the offer has
lso been made by other officials having charge
matters connected with the exchange of pri-
oners" :" and that "this proposal has been here
ofore declined by the Confederate authorities
hat you now consent to the above proposition,
md agree TO deliver to you Major hulford) the
prisoners held in captivity by the Confederate
uthortes, provided you agree to deliver an
equal number of officers and men. As equal
numbers are delivered from time 10 time, they
will be declared exchanged. This proposal Is
made with the understanding that the officers
md men on both sides who have been longest in
captivity will be first delivered, where it is prac
icable.
From slight ambiguity in your phraseOlogy,
but more, perhaps, from the antecedent action OF
your authorities aad because of your acceptance
bf It, am in doubt whether you have stated the
proposition with entire accuracy.
1t is true, a proposition was made both by
Major Muiord and by myself, as Agent of EN-
change, TO exchange all prisoners of war taken
either belgerent party, man for man, officer
:. officer, of equal rank, or their equivalents. 1t
was made by me as carly as the first of the winter
Of 1S63-6i, and has not been accepted. In May
asst forwarded to you a note, desiring to know
whether the COnfedeTa'e authorities intended to
treat colored soldiers of the United States army
as prisoners of war. To that inquiry no answer
has vet been made. To avoid all possible misap-
now, will you now say whether you mean by
"pTisoneTs held in captivity" colored men, duly
enrolled, and mustered into the service of the
ed 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 Othe--
wise, and the officers commanding them, man for
man. officer for officer?
AT the interview which was held between your
self and the Agent of Exchange on the part of
the United States, at Fortress Monroe, in March
last, you will do me the favor to remember the
principal discussion turned upon this very point;
you, ON behalf of the Confederate Government,
claiming the right to hold all negroes, who had
heretofore been slaves, and not Gmancipated by
their masters, enrolled and mustered into the SER
vice of the United States, when captured by your
forces, not as prisoners of war, but upon capture
10 be turned over to their supposed masters or
claimants, whoever they might be, to be held by
them as slaves
BY the advertisements in your newspapers
calling upon masters 10 come forward and claim
these men so captured, / suppose that your
authorities still adhere to that claim-that is to
say, that whenever colorcd soldier of the
United States is captured by you, upon whom
any claim can be made by any person residing
within the States now in insurrectiOn, such sol
dier is not to be treated as prisoner of war, but
is to be turned over to his supposed owner OF
claimant, and put at such labor or service as thai
owner or claimant may choose, and the officers
in command of such soldiers, in the language OF
q supposed act of the Confederate States, are &c
be turned over to the Governors of States, upon
IeQuistions, for the purpose of being punished
by the laws of such States, for acts done in wal
in the armies Of the United States.
You must be aware that there is still prOcla
nation by Jeiier, on Davis, claiming to be Chic
Executive of the Confederate States, declaring in
substance that all officers of colored troops mus
tered into the service OF the United States were
not to be treated as prisoners of war, but were t(
be turned over for punishment 70 the Governors
Of States
/ am reciting these public acts from memory
and will be pardoned for not giving she eXac
words, although | believe do not vary the sub
stance and effect.
These declarations on the part Of those whom
you represent yet remain unTepealed, unannulled
unr1Yoked and must, therefore, be still sup
posed to be authoritative. BY your acceptance o
our proposition, is the Government ot the Unte'
States TO understand that these several claims
enactments, and proclaimed declarations are 4
be given up, set aside, revoked, and held TO
naught by the Confederate authorities, and tina
you are ready and willing TO exchange man TO
man those cOlored soldiers of the United State.
duly mustered and enrolled as such, who hay
heretofore been claimed as slaves by the Con
fedeTate States, as well as white soldiers!
If this be so, and you are so wilin. TO eXchang
these colored men claimed rs slaves, and yo
will so officially inform the Government OF til
United States then, as | anu instructed, prir
Cipal difficulty in ettectinB exchanges will be &c
moved.
AS / informed yOu personally my jldgmen
IL is neither consistent with the policy, dignity,
honor of the United States, upon any consider.
tion, to allow those NhO, by our laws solemn
enacted, are made soldiers oI The Union, and VIII
have been duly enlisted, enrolled, aud musferc
as such soldiers, who have borne arms in beha
of this country, and who have been capture
while fighting Ia yiudicat0n o. the rights OF Tn
country, not 10 be treated as prisoners Of wa
and remain unexchangcd, and in the service
those who claim them us must0rs; ana | mt
belieNe that the GoyCmycut Of the United stat
will ever be found % cons mt TO 80 grO,s a wrul
Pardon me if l misunderstood You IN suI
posing that your acceptance Of our prIpOaiLig
does not IN good iain me II to include all tl
soldiers OF the Union, and That you sGll inten
If your acceptance is agreed 10, g. hold q
colOTCd soldiers of The URiun uneNuhanged, M
al labor ur service, because / am informed th
very lately, almost culempDmneOusly with III
offer on your part 10 CXchaug0 prisoners, ~
which seems 10 include dH prisoners Of war, d
Confederate authorizes have made dCcarati,
that the negroes heretofore held to service /
owners in the States OF Delaware, Mary al
Missouri are 10 be treated as prisoners of W
when captured in arms in the service of Il
United States.
Such declaration that part of the cOlored So
diers of the United States were TO be prisoners
war would seem most strongly 10 imply tn
others were not 10 be so treated, or in 9th
words, that the colOred men from the insure
tiOnary States are to be held 10 labor and return
TO their masters, if captured by the Contedera
forces while duly enrolled and mustered into, al
actually In the armies of the United States.
In the view which the Government of &
United States takes of the claim made by you
the persons and services Of these negroes, il is n
10 be supported upon any principle of national
municipal law.
Looking upon these men only as propert
upon your theory of property in them, we do II
see how this claim can be made, certainly U
how il can be yielded. II is believed TO be
We-settled rule of public international law, a
a custom and part of the laws of war, that /
,.,t,,ra NJ tuovabIa pronartv xragfe the tifla