Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1864-09-13


wnr Lut wero 10 bo tuEnod over fer puaish-
ment to the Governors Of S.atos.
Ian reoiting these puGlic ac.a fr2u mem-
ory, and will Ie pareon5l ior htt giving the
exact words, although l beliers ~ not vary
the substance and effect.
These declarations on the part of these
whom Won represent yos remain unrepealed,
uuanrSlled, ulrevoked, aud must therefore bo
still supposed to be authoritative. By your
soceptsnoe of our proposition, is the GJvsrp-
ment of tho United States to understand ;hct
these several cIsima,: enactmebts lnd pro-
claimed declarations are to be sivoa UP, set
asidc revoked, and held for naugh. BY .he
Confederate authorities, and that you ara ready
and willing 10 exchange man for man thoso
oo,orsd rsldiets Of The United States, duly
mustered and enrolled as such, who Fave here
tofors been claimed as slaves By the CcrtcI-
crate States, as we'll as white soldiers,
Ifthis be 50, and you Gre go willing to e1-
change thsss oolo,ed men claimed as slaves,
and you will 40. cfhs;sS Inform the Govern
YnsnEy0f the UIited 2 systes, :slst, as an ih-
struoteJ, principal difficulty in effsctibg cx-
changes will be removed.
Az informed you personally, in my jul:;-
ment, it is neither consistent with the policy,
dignity or honor of the United States, upon
any consideration, to allow those who, by our
laws solcmnly enacted, are made soldiers
of tho Union, and who have been duly
enlisted, enrolled and mustered ~ such SOL
diers-wko have borne GrmI in behalf Of this
country, and who have been captured while
fighting in vindicatioa of tho rights OF that
country not to be treated as prisoners of war
and remain unexchanged and in tho rcrvico CT
those who claim them as masters; and can
not believe that the Government OF the United
States will ever be found 10 consent to 80 gross
q wrong.
Pardon me il misunderstood you in snp-
posing that your acceptance of cur proportion
doea not in got d faith mean to Include all The
s1lders Of the Union, and that you still in"
tend, if Your acceptance il agreed to, CO l:.!t
the .lored soldiers cf the Union une1chnnEel
and at labor or service, because am Informed
that worry lately, almost eoteD,poranesous!y
with this offer on your part 10 exchange Wis-
oners, and which seems tn include all prison.
onsrs of war, the Confederate authorities hare
mnde declaration that the negroes heretofore
held to service in the States Of Delaware.
MARYLAND and Missouri are II be treated as
prisoners of war when o,u.ured in arms in tho
service of the United States. Such declaration
TINT part Ct the eolorsd soldiers of the United
Ststee wcrc to bs prisners Of war would sesm
! most strongly to imply that others were not 10
be 80 treated, or, in ether words, that c0!5rad
| men from the insnrreotionnry STATES nss To he
held to labor md returned 10 their m is.frS, 1t
captured by the Confsderat; forces Th!l9 duly
enrolled and mustered into, and hotualtS IN
tho armies Of the United States.
- H.. Srf An
United States takes Of the claim made by you
| to the persons and services Of these ne2r'ea,
it is no. to be supported upon any prineip!s ct
| national or municipal law.
Looking upon these mon cnly es property,
upon your theory Of property in them, wa d'
no. SOC how this claim can 10 riadc, certn'E'y
not ho1 il can bs yielded. ltis believed 10 be
vol settled rulo of public International law,
and q fu3som aud part Of tho laws OF war tia:
the capture Of movssble property vests the
tito 10 that property in tho capt1r, and thrre-
fore when tho bellSeroos gets inta foil rnssea
! zion, prnnerty hs)n2liGg In thS Pnhj'r'7H: "'ti
x,ns Of tho other belEerens. tho owner o. that
proparty is at onco diyeated of hia title, which
rests in the belligerent Government capturing
md holding such possessiaH. Urnn this rule
Of international law nil oivilis,i nations have
acted, aud by it both htligerents have deal
with ail property, cave slaves, taken from each
o.hsr during the present war.
IF tho Confed crate forces capture number
of horses from the United States. the animals
Immediately ara claimed to be, and, as We un-
,l,rstand it, benomo the property Of the Con-
federate authorities.
. If the United States capture any movable
property in the rebellion, By our regu'a'ions
and laws, in conformity with interna'ionAI
law and the laws of war, such property is
| turned over TO our Government as ita proper
ty. Therefore, if We obtain possession "F tha!
species Of property known to tho laws Of The
ineurrectionnry States as slaves why should
there be any doubt that that property, like
an7 other, vests in the United States?
If the property in the slave docs 40 vest,
then the ".ius disponendi," the right cf dis
posing of that property rests in tho United
States.
Now, the United States havo disrosod cf the
property which they have acquired by capture
in slaves by them, by giving tha. right Of
property to tte maa himself. to The slave, E.,
by eu,snoirst;nc hin ard DECLARING him free
Forever, 20 that If wc hsva not mistaken the
p.incipl1a &C international Law e1a tho laws
nf war, va have NJ aIa9a- in tbs armies of the
United Statea.. All nre FREQ men, being mNao
80 in such manner AT we have chosen 20 diH
p.aa OF our property in them which wo &C
qnrcd by capture.
slavss being captured by us, and the right
Of property in them thereby vested in us, TINT
right Of prorsrty has been disposed Of by us
by manumitting them, ne has always heen the
acknowledged right Of The owner to do to biz
slave. The manner in which We dispose C:
our property willis it ia in our possession GER
tainl7 oounot be luestionei By you.
Nor is the cssn altered If the property is
mt actunlly captured in battle. bus c3mos
either voluntarily or inyolunturily fEonl the
bsllisersnt owner into tho possessian Of th0
other belligerent.
take it No one would doub: the 7igh;0 the
Uoitnd States to drove of Confederote n 1lea,
or herd of Confederate cattle. which should
wander or rush acrrss the Confederate limos
into.the lines of the United States frTy. So
it aeems TO me-, treating the negro ae property
mera!v, if that piece Of properly pHssea the
Conf4llsrate iiGas, ard comes into Tia lines Gl
the United S.a.ep, that property j. o. much
| l1st To its owner in tho Confederate states as
would be the mule or OK, ths Trnrerty OF the
| resident Of the G Moderate States, which
should fall into our hands
If, therefore, tho rrinoiplea Of in:ernatiabal
lnw and tho laws CT WAR used in this ';lsGn:-
sion arc correctly stated, then it would seem
that the deduction l1gh'aily il>ws 1hernirom.
IN uuiural seqneuco, that the C3nlaterat"
! States can have no claim upon tho negro SOL
h;ers captured By th0.a from tho armies of The
United States, because Ct tho !armsr owner.
shin CT than By their ci:izcna or subjects, and
only claim snch rs result. ur'.sr the laws .;
war FROM their oar!or merely.
| D., tho Confederate authorizes ella m ioo
right 10 reduce to q s,a.a CT sllvory FREQ ;nsn,
| prisoners of war captured by themH tbs
claim onr fathers fought against under h,ia
bridge and Decatur, when set uP by tho b IT
barry Powers on the Northern shore ct Afr!cs
about the year 1900, ard in 1864 their chill
dren will hardly yield it upon their own soil
This point l will not pursue further. he
c,use underatand you to repuiiste the idea
that You will reduce free men to slavea because
of capture in war, and thatyou btse the ella n
| -.tse b. al ~.