Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-01-28
Exchange of Prisoners.

The great and apparently msurmountaoie
stumbling block in the way OF an exchange
| of prisoners rs the question of the position of
tho negro. The rebels very grVciously, and
with wonderful generosity admit, that the
mere fact OF color has nothing to do with the
xsrt,ss of the soldier, and that the United
States Government has perfect right to
make use of such troops as it pleases. 1t is
only in the case of runaway or liberated
slaves, and Of free negroes, who were before
the war, residents OF the States now in revolt,
that their exception to the general rule is
applied. Upon this point, the Richmond
Enquirer says:
We have already shown that the law OF
Congress for delivering all negroes and their
white officers captured in arms to State
authorities for trial under State laws was too
wide in its language, and covered matter that
is not within the province CT one nation to
dictate to another. No nation has the right
to saw that its enemy shall not employ i'll its
armies u certain class of its people. The
composition of armies Is matter belonging
exclusively 10 the authorities of the nation
itself Ii the Yankees like negro troops,
they have the right to employ the free negroes
OF the United States in their armies, and they
have the right to demand for them the proper
treatment as prisoners of war. If nation
EMPLOYS savages in its armies, retaliation is
proper aud juStiiable, not because Of the EN-
plovment of the saragcS, but for any acts
committed BY the soldiery not in accordance
with the laws OF war. So, If the negroes en-
pluyed BY the United States compose part
OF the people OF those States, and are reSu-
larry mustered into their service; If, after
capture, they can be proved guilty OF acts not
recognized as within the rules OF civilized
warfare, they are not entitled to the rights OF
prisoners Of war, but may be punished rs ban
dts and robbers. And 50 OF the white troops
color has nothing to do with soldiers.
But the case is different as to the slaves
and free negroes Of these States captured in
! the ranks OF the enemy. Their detention is
! justified bv the laws of war; their punish
meut we can provide for, though we should
not like to see any enforced, for the poor
! wrctchcs have no will OF their own, and, be-
| ing forced into the ranks, are not responsible
! for their conduct.
| Congress, then, should so modify the law
/ as to apply only to the slaves and free negroes
/ Of these States captured in the ranks OF the
/ enemy. Let us place ourselves right under
J the laws OF WIZ, anu ltatc tus Consequences
( to take care Of themselves.
! II the enemy think proper TO leave their
| soldiers here in prison, because we Will not
/ give up our right, under the laws OF war, to
continue their soldiers in prison for our slaves
/ and free negroes, we can do nothing but ac-
. cept the issue and meet the responsibility.
! The law as it now stands is not within the
spirit of the laws of war ; and since II IS made
: the last and only cause for Suspending the
( exchange, we hope that it will be amended
/ aud its provisions confined to the case OF
slaves and free negroes Of these States cap
! tured in arms. Indeed, we see no necessity
/ for any law on the subject. The Yankees
, are mt going TO send their negro troops in
( the field; they know as well as VIC do that no
reliance can be placed upon them; but as
| depot guards, prison guards, etc., they will
I relieve their white troops. This IS the use
! that will be made OF them. Should they be
sent to the field and be put in battle, none
} will be taken priSoncrS-our troops under
stand what TO do in such cases. lf any ne
/ groes have been captured during the war us
soldiers in the enemy'S ranks, we have not
heard Of them. We do not think that such 4
case has been reported. The law is, there
2 fNra lISalrSS