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704 Series II Volume VII- Serial 120 - Prisoners of War

Page 704 PRISONERS OF WAR AND STATE, ETC.

trials, to induce the Department to assume the responsibility of modifying the proposed action in relation to such negroes. It has been considered best, in view of the whole subject, to make a distinction between negroes so taken who can be recognized or identified as slaves and those who were free inhabitants of the Federal States. The former are regarded and treated as recaptured slaves, under the provisions of the act approved October 13, 1862, which makes arrangement for their return to the owners establishing title. This, it will be observed, will not free them from the liability to criminal proceedings in the hands of owners, if it be deemed necessary for the vindication of the criminal justice of the states to which they belong, while at the same time it recognizes and secures the property of the owner. The free negroes of the North are held in strict confinement and not as yet formally recognized in any official dealings with the enemy as prisoners of war, but, except in some trivial particulars indicative of inferior consideration are treated very much in the same manner as our other captives. The decision as to their ultimate disposition will probably be referred to Congress, and, as far as I can judge from the prevalent opinion which has reached me, it is probable they will be recognized in some form as prisoners of war. In relation to the negroes received by you I would advise the delivery to their owners of such as are identified as slaves and the return of those discovered to have been originally free to the Confederate authorities.

Very respectfully, your obedient servant,

JAMES A. SEDDON,

Secretary of War.

CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT,

Richmond, Va., August 31, 1864.

P. L. STRATTON, Esq., Lynchburg, Va.:

SIR: The President has referred your letter of the 22nd instant, asking that one of the Federal negroes now under guard in Lynchburg be given you in place of a negro boy carried away by Hunter's forces, to this Department for reply. You are informed that the said Department has no authority to grant the request, as the act of Congress make other dispositions of slaves captured from the army.

Respectfully,

JAMES A. SEDDON,

Secretary of War.

AUGUST 31, 1864.

The RELATIVES AND FRIENDS OF CONFEDERATE SOLDIERS CONFINED IN NORTHERN PRISONS:

On the 22nd of July, 1862, the cartel of exchange was agreed upon. The chief if not only purpose of that instrument was to secure the release of all prisoners of war. To that end the fourth article provided that all prisoners of war. To that end the fourth article provided that all prisoners of war should be discharged on parole in ten days after their capture, and that the prisoners then held and those thereafter taken should be transported to the points mutually agreed upon, at the expense of the capturing party. The sixth article also stipulated that "all prisoners of whatever arm of service are to be exchanged or paroled in ten days from the time of their capture if it be practicable to transfer them to their own lines in that time; if not, as soon thereafter as practicable. "


Page 704 PRISONERS OF WAR AND STATE, ETC.