Alexander H. Stephens, as a military commissioner to proceed to your headquarters under flag of truce, there to confer and agree on the subjects above mentioned; and I do hereby authorise the said Alexander H. Stephens to arrange and settle all differences and disputes which may have arisen or may arise in the execution of the cartel for exchange of prisoners of war, heretofore agreed on between our respective land and naval forces; also to agree to any just modification that may be found necessary to prevent further misunderstandings as to the terms of said cartel; and finally to enter into such arrangement or understanding about the mode of carrying on hostilities between the belligerents as shall confine the severities of the war within such limits as are rightfully imposed, not only by modern civilization, but by our common Christianity. I am, very respectfully, your obedient servant,

"JEFFERSON DAVIS,

"_Commander-in-Chief of the land and naval forces of the Confederate States._

"To ABRAHAM LINCOLN,

"_Commander-in-Chief of the land and naval fores of the United States._"

On July 3, 1863, Mr. Stephens proceeded down the James River under a flag of truce, and when near Newport News his further progress was arrested by the orders of the Admiral of the enemy"s fleet. The object of his mission, with a request for permission to go to Washington, was made known to that officer, who, by telegraph, communicated with the Government at Washington. The reply of that Government was:

"The request is inadmissible. The customary agents and channels are adequate for all needful military communications and conference between the United States forces and the insurgents."

This was all the notice ever taken of our humane propositions. We were stigmatized as insurgents, and the door was shut in our faces.

Does not this demonstrate an intent to subjugate our States?

From the correspondence of our exchange commissioner, Judge Ould, it appears that, from the date of the cartel on July 22, 1862, until the summer of 1863, we had an excess of prisoners. During the interval deliveries were made as fast as the enemy furnished transportation.

Indeed, upon more than one occasion they were urged to send increased means of transportation. It was never alleged that we failed or neglected to make prompt deliveries of prisoners who were not held under charges when they had the excess. On the other hand, the cartel was openly and notoriously violated by the Washington authorities.

Officers and men were kept in confinement, sometimes in irons or doomed to cells, without charge or trial. Many officers were kept in confinement even after the notices published by the enemy had declared them to be exchanged.

In the summer of 1863 the authorities at Washington insisted upon exchanges limited to such as were held in confinement on either side.

This was resisted as in violation of the cartel. Such a construction not only kept in confinement the excess on either side, but ignored all paroles which were held by the Confederate Government. These were very many, being the paroles of officers and men who had been released on capture. The authorities at Washington at that time held few or no paroles. They had all, or nearly all, been surrendered. We gave prisoners as an equivalent for them. As long as we had the excess of prisoners, matters went on smoothly enough; but, as soon as the posture of affairs in that respect was changed, the cartel could no longer be observed. So long as the United States Government held the paroles of Confederate officers and men, they were respected and made the basis of exchange; but when equivalents were obtained for them, and no more were in hand, they would not recognize the paroles which were held by us. In consequence of the position thus a.s.sumed by the Government of the United States, the requirement of the cartel that all prisoners should be delivered within ten days was practically nullified. The deliveries which were afterward made were the results of special agreements.

The wish of the Confederate Government, which it was hoped had been accomplished by the cartel, was the prompt release of all prisoners on both sides, either by exchange or parole. When, in 1864, the cartel was so disregarded by the enemy as to indicate that prisoners would be held long in confinement, Andersonville, in Georgia, was selected for the location of a princ.i.p.al prison. The site was chosen because of its supposed security from raids, together with its salubrity, the abundance of water and timber, and the productive farming country around it. General Howell Cobb, then commanding in Georgia, employed a large number of negro laborers in the construction of a stockade and temporary shelter for the number of prisoners it was expected would be a.s.sembled there. The number, however, rapidly increased, and, by the middle of May, gangrene and scurvy made their appearance. General John H. Winder, who had been stationed in Richmond in charge of the police and local guards, as well as the general control of prisoners, went to Andersonville in June, and found disease prevailing to such an extent that, to abate the pestilence, he immediately advised the removal of prisoners to other points. As soon as arrangements could be made, he was instructed to disperse them to Millen and elsewhere, as in his judgment might be best for their health, comfort and safety. In July he made arrangements to procure vegetables, recommended details of men to cultivate gardens, and that hospital accommodations should be constructed outside of the prison; all of which recommendations were approved, and as far as practicable executed. In September General Winder, with the main body of the prisoners, removed first to Millen, Georgia, and then to Florence, South Carolina.

Major Wirz thereafter remained in command at Andersonville, and the testimony of Chief-Surgeon Stevenson, of the hospital at Andersonville, bears testimony to the success with which Wirz improved the post, and the good effect produced upon the health of the prisoners. This unfortunate man--who, under the severe temptation to which he was exposed before his execution, exhibited honor and fidelity strongly in contrast with his tempters and persecutors--it now appears, was the victim of men whom, in his kindness, he paroled to take care of their sick comrades, and who, after having violated their parole, appeared to testify against him.

In like manner has calumny pursued the memory of General John H.

Winder, a man too brave to be cruel to anything within his power, too well bred and well born to be influenced by low and sordid motives. I have referred only to a few of the facts ill.u.s.trative of his kindness to the prisoners after he went to Georgia, and they were in keeping with his conduct toward the prisoners at Richmond. This latter fact, together with his sterling integrity and soldierly character, had caused his selection for the chief control of Confederate prisons.

The Adjutant-General, Samuel Cooper, a man as pure in heart as he was sound in judgment, was the cla.s.smate of Winder; their lives had been pa.s.sed in the array in frequent intercourse; and General Cooper, in a letter of July 9, 1871, wrote that "General Winder, who had the control of the Northern prisoners, was an honest, upright, and humane gentleman, and as such I had known him for many years. He had the reputation, in the Confederacy, of treating the prisoners confided to his general supervision with great kindness and consideration."

In January, 1864, and even earlier, it became manifest that, in consequence of the complication in relation to exchanges, the large ma.s.s of prisoners on both sides would remain in captivity for many long and weary months, if not for the duration of the war. In order to alleviate the hardships of confinement on both sides, our commissioner, on January 24, 1863, addressed a communication to General E. A. Hitchc.o.c.k, United States commissioner of exchange, in which he proposed that all prisoners on each side should be attended by a proper number of their own surgeons, who, under rules to be established, should be permitted to take charge of their health and comfort.

It was also proposed that these surgeons should act as commissaries, with power to receive and distribute such contributions of money, food, clothing, and medicines as might be forwarded for the relief of the prisoners. It was further proposed that these surgeons should be selected by their own Government, and that they should have full liberty at any and all times, through the agents of exchange, to make reports, not only of their own acts, but of any matters relating to the welfare of the prisoners.

To this communication no reply of any kind was ever made.

Again, Commissioner Ould, in a communication published in August, 1868, further says:

"About the last of March, 1864, I had several conferences with General B. F. Butler, then agent of exchange at Fortress Monroe, in relation to the difficulties attending the exchange of prisoners, and we reached what we both thought a tolerably satisfactory basis. The day that I left there General Grant arrived. General Butler says he communicated to him the state of the negotiations, and "most emphatic verbal directions were received from the Lieutenant-General not to take any step by which another able-bodied man should be exchanged until further orders from him"; and that on April 30, 1864, he received a telegram from General Grant "to receive all the sick and wounded the Confederate authorities may send you, but send no more in exchange." Unless my recollection fails me, General Butler also, in an address to his const.i.tuents, substantially declared that he was directed, in his management of the question of exchange with the Confederate authorities, to put the matter _offensively, for the purpose of preventing an exchange_."

The signification of the word "offensively," in the preceding line, relates to the exchange of negro soldiers. The Government of the United States contended that the slaves in their ranks were such no longer; that it was bound to accord to them, when made prisoners, the same protection that it gave all other soldiers. We a.s.serted the slaves to be property, under the Const.i.tution of the United States and that of the Confederate States, and that property recaptured from the enemy in war reverts to its owner, if he can be found, or it may be disposed of by its captor.

On October 1st, when the number of prisoners was large on either side. General Lee addressed a note to General Grant, saying:

"With a view of alleviating the sufferings of our soldiers, I have the honor to propose an exchange of the prisoners of war belonging to the armies operating in Virginia, man for man, or upon the basis established by the cartel."

On the next day General Grant replied:

"I could not of a right accept your proposition further than to exchange those prisoners captured within the last three days, and who have not yet been delivered to the commanding General of prisoners.

Among those lost by the armies operating against Richmond were a number of colored troops. Before further negotiations are had upon the subject, I would ask if you propose delivering these men the same as white soldiers."

On the next day General Lee said, in rejoinder:

"In my proposition of the 1st inst., to exchange the prisoners of war belonging to the armies operating in Virginia, I intended to include all captured soldiers of the United States, of whatever nation and color, under my control. Deserters from our service and negroes belonging to our citizens are not considered subjects of exchange, and were not included in my proposition. If there are any such among those stated by you to have been captured around Richmond, they can not be returned."

On October 20th General Grant finally answered, saying;

"I shall always regret the necessity of retaliating for wrong done our soldiers, but regard it my duty to protect all persons received into the army of the United States, regardless of color or nationality; when acknowledged soldiers of the Government are captured, they must be treated as prisoners of war, or such treatment as they receive inflicted upon an equal number of prisoners held by us."

This was "putting the matter offensively, for the purpose of preventing an exchange," as recommended by General Grant for the adoption of General Butler.

But let us return to the progress of negotiations. In a dispatch from General Grant to General Butler, dated City Point, August 18, 1864, the former says:

"On the subject of exchange, however, I differ from General Hitchc.o.c.k. It is hard on our men held in Southern prisons not to exchange them, but it is humanity to those left in the ranks to fight our battles. Every man released on parole, or otherwise, becomes an active soldier against us at once, either directly or indirectly. If we commence a system of exchange, which liberates all prisoners taken, we will have to fight on until the whole South is exterminated. If we hold those caught, they amount to no more than dead men. At this particular time to release all rebel prisoners North would insure Sherman"s defeat, and would compromise our safety here."

We now proposed to the Government of the United States to exchange the prisoners respectively held, officer for officer and man for man.

We had previously declined this proposal, and insisted on the terms of the cartel, which required the delivery of the excess on either side on parole. At the same time we sent a statement of the mortality prevailing among the prisoners at Andersonville.

As no answer had been received relative to this proposal, a communication was sent, on August 22, 1864, to Major-General E. A.

Hitchc.o.c.k, United States commissioner of exchange, containing the same proposal which had been before delivered to the a.s.sistant commissioner, and a request was made for its acceptance.

No answer was received to either of these letters, and on August 31st the a.s.sistant commissioner stated that he had no communication on the subject from the United States Government, and that he was not authorized to make an answer.

This offer, which would have released every soldier of the United States confined in our prisons, was not even noticed. Indeed, the United States Government had, at that time, a large excess of prisoners, and the effect of the proposal, if carried out, would have been to release all the prisoners belonging to it, while a large number of ours would have remained in prison awaiting the chances of the capture of their equivalents.

Thus, having ascertained that exchanges could not be made, either on the basis of the cartel, or officer for officer and man for man, we offered to the United States Government their sick and wounded without requiring any equivalents. On these terms, we agreed to deliver from ten to fifteen thousand at the mouth of the Savannah River; and we further added that, if the number for which transportation might be sent could not be readily made up from sick and wounded, the difference should be supplied with well men.

Although the offer was made in the summer, the transportation did not arrive until November. And as the sick and wounded were at points distant from Georgia, and could not be brought to Savannah within a reasonable time, five thousand well men were subst.i.tuted. In return, some three thousand sick and wounded were delivered to us at the same place. The original rolls showed that some thirty-five hundred had started from Northern prisons, and that death had reduced the number during the pa.s.sage to about three thousand.

On two occasions we were specially asked to send the very sick and desperately wounded prisoners, and a particular request was made for men who were so seriously sick that it was doubtful whether they would survive a removal a few miles down James River. Accordingly, some of the worst cases, contrary to the judgment of our surgeons, but in compliance with the piteous appeals of the sick prisoners, were sent away, and after being delivered they were taken to Annapolis, Maryland, and there photographed as specimen prisoners.

The photographs at Annapolis were terrible indeed, but the misery they portrayed was surpa.s.sed by some of those we received in exchange at Savannah. Why was there this delay between the summer and November in sending vessels for the transportation of sick and wounded, for whom no equivalents were asked? Were Federal prisoners left to suffer, and afterward photographed "to aid in firing the popular heart of the North"?

In the summer of 1864, in consequence of certain information communicated to our commissioner, Mr. Ould, by the Surgeon-General of the Confederate States, as to the deficiency of medicines. Mr. Ould offered to make purchases of medicines from the United States authorities, to be used exclusively for the relief of the Union prisoners. He offered to pay gold, cotton, or tobacco for them, and even two or three prices if required. At the same time he gave a.s.surances that the medicines would be used exclusively for the treatment of Union prisoners; and moreover agreed, on behalf of the Confederate States, if it were insisted on, that such medicines might be brought into the Confederate lines by the United States surgeons, and dispensed by them. Incredible as it may appear, it is, nevertheless, strictly true that no reply was ever received to this offer.

One final effort was now made to obtain an exchange. This consisted in my sending a delegation from the prisoners at Andersonville to plead their cause before the authorities at Washington. It was of no avail. President Lincoln refused to see them. They were made to understand that the interests of the Government of the United States required that they should return to prison and remain there. They carried back the sad tidings that their Government held out no hope of their release.

"We have a letter from the wife of the chairman of that delegation (now dead) in which she says that her husband always said that he was more contemptuously treated by Secretary of War Stanton than he ever was at Andersonville." [114]

Another prisoner, Henry M. Brennan, writes:

"I was at Andersonville when the delegation of prisoners spoken of by Jefferson Davis left there to plead our cause with the authorities at Washington; and n.o.body can tell, unless it be a shipwrecked and famished mariner, who sees a vessel approaching and then pa.s.sing on without rendering the required aid, what fond hopes were raised, and how hope sickened into despair, waiting for the answer that never came. In my opinion, and that of a good many others, a good part of the responsibility for the horrors of Andersonville rests with General U. S. Grant, who refused to make a fair exchange of prisoners."

The following extracts are from the official report of Major-General Butler to "the Committee on the Conduct of the War," which was appointed by a joint resolution of Congress, during the war:

"Mr. Ould left on the 31st of March, 1864, with the understanding that I would get authority and information from my Government, by which all disputed points could be adjusted, and would then confer with him further, either meeting him at City Point or elsewhere for that purpose. In the mean time exchanges of sick and wounded, and special exchanges, should go on.

"General Grant visited Fortress Monroe on April 1st, being the first time I had ever met him. To him the state of the negotiations as to exchange[115] was verbally communicated; and most emphatic directions were received from the Lieutenant-General not to take any step by which another able-bodied man should be exchanged, until further orders from him."

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