The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1864-10-28

IKE AfD Gh4Af hhLffi' n ~ fHH
rnEd TlsEfT' OF NEGRO SOLDIERS AND
ggp RsTfLTA70RT MEASURES or GEN
TEAI ByTLER
W. ave Lclow tho correspondence between Gene
,.lS ~. and Gran, upon the subject Of Buffers last
trus,lity
tItsua, ,urres Aeay NorrrrRS VIRGINIA., }
October 10, 1864. !,
y,..,fe4gai-lee.,al T. s. Grant,
Commanding United States Armies:
Ncuclal In ac, oriance with instructions from The
Honorable Secretary Of War of the Confc te'at,
S,a:,s, have the honor 10 call your attention 70
t.egt.,t NJ two communications recently addressed
b. Ma}or-Goneral r. +. Butler, an officer under
y"pf command, I" the Hon. Robert ould, commas
..assr Coz ia" exchange Of prisoners.
For the better understanding Of the matter, en-
taso copies of the communications
Nou w,H perceive by of them that the writer
hA~ risc,l Il number Of Off ers and men belonging
- lie. Confederate service PRISONERS o. wa ~. a.
On-i ly the United States forces, nj LABOR III the
,,al ai Dutch zap, iu retaliation, as Is alleged, tor
l'k, number of Federal co!oItd soldiers prisoners
II war IN oar hands, who are said 10 have been put
10 work oil oar Qualifications.
The evidence Of this fact Is found IN the ailidaylts
Of t.g.. .ic~,,gt,Is from our service.
The other letter refers 10 a copy of notice issued
Nv & Confederate officer commanding camp hear
IL, hmonl. calling upon the owners to come forward
anal ctbli,h their ciams 81 certain negroes III the
,u-.otr of that officer.
writer oil Inc letter To STATE liltt spi
81 ii. nrrrr.s mentioned III the notice are believed
t,t,-sihrrs Of the United States army capturedin
slnss and that, upon that belief he has ordered to
su.h mammal labor as he deems most fitting to meet
iu; vxIFsI.Y an equivalent number OF prisoners OF
wsI l,I hy the United States, and announces that
a. viii eUIl mae 10 order t. Labor CaptiveS In war 10
. nun.r equal I" shat Of all the United States SOL
d.y~ .n h. la reason believe held to service
a.. lu,r ~ t!. CJt,ertt" forces until he shall be
isa..4 that the Al legged practice the part OF the
IouI.I. -at, uuihut lies has ceased.
B-t,p stating the facts with reference to the par
fi.tT negroes alluded to- Il beg 10 explain the policy
pursued hy the Confederate Government towards
tL> class Of parsons when captured by It's forces.
Al negroes in the military or naval service Of the
tuti,t States taken by US, who are not identified
Tie property OF citizens residents OF any OF the
Confederate States, regarded prisoners OF war,
iaur i, IA t. he proper subjects of exchange as L
I.rtIttiv had the honor to Inform you
- irhJT 4 cXtctcd from such prisoners by the
Con leG,rt ate authorities.
E,ylor, who owe service or labor to citizens or
I,l tt u the Confederate States and who, through
toaiuE Ian. persuasion, or OF their own accord,
Iy Eoir owners and placed in the military or
naval service of the United States, occupy differ
,ut position.
Tie right 10 the service OF labor Of negro slaves
IA Ia" Confederate States, is the same now when
tag-r states were members Of the Federal Union.
IA, constitutional relations and obligations of
Ia, t"uted, rate Government 10 the owners Of this
SltcHs ut property the same as those FRI
uuontiy auI 50 long recognized as appertnning TO
the Government OF the United States with reference
t. the class of PERSONS by virtue of its organic
itT.
From the earliest period Of the independence of
thr American States it has been held that one Of
IL" duties incumbent upon the several common 60
'eruments under which they have, from time 10
rt been ClateJ, was the return to their lawful
owners Of slaves Iroaptrpd from the public enemy.
II haS been uniformly held that the capture al
on.tyn 81 slave docs not impair the right Of the
owner to such slave, but that the right attaches TO
hl'a immediately upon recupture.
Stivh was Tie practice Of the American States du-
nm their struggle for independence The Govern
ut under which they were then associated re-
stored 10 the owners slaves abducted by the British
forces and subsequently recaptuIed by the American
esInle~.
IN Tie of 1912 with Great Britain, the course
pursued ny the United States Government was the
SANG, and Il recognized the right of the owner TO
slaves Iceaptured from the enemy. Both the Con-
tu,nta and United States Governments, in fact de-
Atei tiat the abduction OF slaves belligeIent
night, ana the Latter power insisted upon and nlti-
HHtcig secured by treaty, pecunary indemnity from
Tue British Government for slaves taken by il forces
durng Ia. wir of lSl2.
And II l. SUPPOSED that n negro ieioneing 40 a
htlseli ii Il Stat" in which slavery Is recusnizua
and winch Is regarded Of the United States
were 10 escape INTO the Confederate States, or be
captured or abducted by their Armies the legal
Ilst u til" owner To reclaim him would be as clear
now A. IN isl- the Constitution Of the United States
beng unchanged IL this partiCuias, and that I irli-
hent having been interpreted i'll the judicial deci-
sIohs, legislative and diplomatic acts alsi cores
i"hlrhct OF the United States, as imposing upCn
that Government the duty of protecting in all cases
coming Within the scope Of its authority, the own
49, "l Nttfe3 as well of any ether kind Of pro-
ttJtJ recognized is such by the several States
Inc Confederate Government, bound by the same
'litlli'ohM obligations, considers, as that Of the
nirEd States did, that the capture OF abduction Of
ll,ETn slave does not preclude the lawful owner
nom ly.Iaimln2 hun when captured; and am III
strt,ei to say that all such slaves when properly
identified IS belonging 10 citizens of any OF the Com
IlI-Ia states, or to persons enjoying the plotcc-
t.'Il 81 ttlr laws Will be restored. like other
captured piyat" property, to those entitled to them
hdhI"E rndetHOr'd to explain the general policy
u lac Confederate Government with regard to this
>ubirct beg leave 10 state the facts Concerning the
paiiig y transactions referred to i'll the enclosed
communications.
Ihr nr2sluts recently captured by our forces w,le
sent 10 Richmond with other Federal prisoners
Alter Their atrlva! it discovered that 81 number
" hrht "eic slaves belonging to citizen. residents
Il some OF the Confederate States, and of this class
fiE -nine ia learn, We're sent With other nesrnes
= work on the Notifications around Richmond until
thtlf owners should appear and claim them As
r'oA a. was informed Of the fact less than two
ia afterwards, not wishing to employ ,hem here,
ordered them to be sent to the interior
~ mi>dpprehension of the engineer officer in
uAaIP", they We're transferred 10 lines south vi
) ane~ ll'er, but when apprsed Of the error, re-
irattl the order Tor their removal If any negroes
wen" inelqde'l atn,ng tins number who were not
I'ntiiy as the aiVes Of citizens residents Of
"r al t" Confederate States, they wers, SO incu-
90 without The knowledge or authority Of the Var
"i."ii discovered would have been corrected.
:. only remains Tor me 90 say that negroes en-
loycd upon our Notifications not allowed to be
placed where they will be exposed to fire. and there
Is foundation for any statement to the contrary
The author " the communications referred to has
iIered himself ]ustiGsd (by the report of two
d2srtte,s, who do not allege that the negroes in
question We're exposed to any danger,) i'll placing
prisoners at labor i'll the canal at Dutch gap
under the fire of batteries.
IN view Of the explanation Of the practice of tae
Confederate Government above given, and os the
state meut OF facts have made, have noW, ia ac-
tnrlauce with my instructions, RESPECTFULLY to IN
qGIe whether the course pursued towards our pri-
~on,S, as set forth IN the accompanying letters has
your sanction, aud whether il viii be maintained?
very respectfully, your Obedieit servant,
t>!3ned X. l.. LEE, General.
AtAIao AhrEHs ARMils THE UNITED STATES,
October 10, 1864. !
General Il. f. Lee, c. s. A.,
Commanding Army Of Northern Virginia:
General: Understanding, from your letter of the
i5th, that the colored prisoners who employed
at work IN the trenches Fort Gilmer have been
Withdrawn, have directed the withdrawal Of the
Noniederate prisoners employed III the Dutch Gap
cLIal, shall always regret the necessity for re-
lAhdhng for wrongs done our soldiers; but regard
my duty to protect all persons received into the
army ol The United States, regardless of color
o. Iltuonany. When acknowledged soldiers Of the
Government are captured, they must Dc treated as
prisoners ot war, or such treatment they receive
%'l be inflicted upon an equal number Of prisoners
held hy US o.
nave nothing TO do with the discussion Of the
slavery question, therefore decline answering the
Arguments ddducei to show the right To return IN
'Hri owners such negroes are captured from our
army an answer TO the question at the conclu-
hioh u your letter, have to state that ali prisoners
OF war falling into my hands shall receive r. -
est possible treatment consistent win aa;No
thens' unless | have good authority for hel;ex;ne
"ag number u our men are being treated -
he To