AN EFFORT TO BLACKEN THE CHARACTER OF THE SOUTH—THE PERSECUTION OF MR. DAVIS AS THE SUBSTITUTE FOR THE ASSUMED OFFENSES OF THE SOUTH—REPUTATION OF THE SOUTH FOR HUMANITY—TREATMENT OF PRISONERS OF WAR—EARLY ACTION OF THE CONFEDERATE GOVERNMENT UPON THE SUBJECT—MR. DAVIS’ LETTER TO MR. LINCOLN—THE COBB-WOOL NEGOTIATIONS—PERFIDIOUS CONDUCT OF THE FEDERAL AUTHORITIES—A CARTEL ARRANGED BY GENERALS DIX AND HILL—COMMISSIONER OULD—HIS CORRESPONDENCE WITH THE FEDERAL AGENT OF EXCHANGE—REPEATED PERFIDY OF THE FEDERAL GOVERNMENT—SUSPENSION OF THE CARTEL CAUSED BY THE BAD FAITH OF THE FEDERAL ADMINISTRATION, AND THE SUFFERING WHICH IT CAUSED—EFFORTS OF THE CONFEDERATE AUTHORITIES TO RENEW THE OPERATION OF THE CARTEL—HUMANE OFFER OF COMMISSIONER OULD—JUSTIFICATION OF THE CONFEDERATE AUTHORITIES—GUILT OF THE FEDERAL GOVERNMENT—MR. DAVIS’ STATEMENT OF THE MATTER—COLONEL OULD’S LETTER TO MR. ELDRIDGE—NORTHERN STATEMENTS: GENERAL BUTLER, NEW YORK TRIBUNE, ETC.—THE CHARGE OF CRUELTY AGAINST THE SOUTH—A CONTRAST BETWEEN ANDERSONVILLE AND ELMIRA—IMPOVERISHMENT OF THE SOUTH—DISREPUTABLE MEANS EMPLOYED TO AROUSE RESENTMENT OF THE NORTH—THE VINDICATION OF THE SOUTH AND OF MR. DAVIS—HIS STAINLESS CHARACTER, HIS HUMANITY AND FORBEARANCE—AN INQUIRY OF HISTORY.

It is in vain to invoke the admiration of mankind for qualities of greatness, displayed either in the history of a nation or the life of an individual, unless those qualities shall have been adorned by the practice of humanity and the observance of high moral obligation. Since the political fabric of the South has been overthrown, a brave and virtuous people cherish with a more tenacious affection than ever, that honorable reputation which was their birthright, and which they worthily illustrated during the late war. The violent commotion with which the American Union was but lately convulsed has renewed the historical analogy of revolutions, not less in the sequel than in its progress. When the strife of arms was ended, and the two great armies ceased their death struggles, and parted with that mutual respect which is characteristic of brave antagonists, events were far from encouraging the cessation of sectional bitterness which was to be hoped for.

The dominant party at the North, apparently not satisfied with the political overthrow of the South, and the complete extinction of its social system, has followed up the triumphs of the Federal armies with a persistent and implacable war upon the character and reputation of the South. To affix a stigma upon a conquered foe, to brand with infamy a class of their own countrymen—the descendants of the compatriots of Franklin, Hancock, and Adams—and to consign to perpetual obloquy a cause which enlisted the sympathies of five millions of people, are the aims of a malignant and remorseless faction. These are the motives which have instigated the effort to frame an indictment against the Christianity, the morality, and the humanity of the South, and to visit every form of degradation, to practice every refinement of cruelty upon its most distinguished representative.

It is impossible to explain, upon any other theory, the exceptional rigor with which, since the termination of the war, Mr. Davis has been pursued. As the most honored by the South, he has been selected as the proper substitute upon whom to visit the offenses of his people. To convict Jefferson Davis of heinous offenses against humanity is to blacken the cause which he represented—to degrade the people of whom he was the chosen ruler. The North should have been admonished, by previous examples, of the futility of its attempts to prejudge historical questions of such moment. Of what avail were the malignity, the misrepresentation, and the unrelenting vindictiveness of England against Napoleon?

As yet, the North has been unable, even by ex parte evidence, to obtain a pretext for the arraignment of Jefferson Davis for those atrocious crimes of which it was pretended he was guilty. Even perjury has proven inadequate to the invention of material with which to sustain a complicity in guilt, from which his previous character alone should have vindicated him. Who can doubt the inevitable recoil when the investigations of history, unobstructed by prejudice and passion, shall lay bare the facts upon which posterity will render its verdict? History, in such a question, will know neither North nor South, nor will it accept all testimony as truth which comes under the guise of “loyalty,” nor reject as falsehood all upon which has been placed the odium of “disloyalty.”

In this volume, we could not, even if so disposed, avoid reference to that question which so involves the honor and humanity of the South—the extent of her regard, in the conduct of the late war, for those moral obligations which are recognized by all Christian and civilized communities. The course of her enemies has left the South no alternative, and she can not be apprehensive of the result when the record is fairly consulted.

We have now reached, with a due regard for chronological order, a point where naturally arises the subject of the treatment of prisoners, which, in the later months of 1863, assumed its most interesting phase. We approach the subject not with any expectation of enlightenment of the Northern mind. Upon this subject a large portion of the Northern people have resolutely turned their backs upon all statements which do not favor their sectional prejudices. Calumnies are often believed by mere force of iteration; and so persistent has been the effort to poison the Northern mind with falsehood that at least a generation must pass away before the South can expect an impartial hearing. Nevertheless, by grouping together, in these pages, important testimony from various sources, and confined to neither section, we hope to promote, however feebly, the great end of historic truth.

At an early period of the contest, the Confederate Government recognized its obligation to treat prisoners of war with humanity and consideration. Before any action was taken by Congress upon the subject, the executive authorities provided prisoners with proper quarters and barracks, and with rations—the same in quantity and quality as those furnished to the Confederate soldiers who guarded them. The first action of Congress with reference to prisoners was taken on the 21st of May, 1861. Congress then provided that “all prisoners of war taken, whether on land or at sea, during the pending hostilities with the United States, shall be transferred by the captors from time to time, and as often as convenient, to the Department of War; and it shall be the duty of the Secretary of War, with the approval of the President, to issue such instructions to the Quartermaster-General and his subordinates as shall provide for the safe custody and sustenance of prisoners of war; and the rations furnished prisoners of war shall be the same in quantity and quality as those furnished to enlisted men in the army of the Confederacy.” This declared policy of the Confederate authorities was adhered to, not only in the earlier months of the war, when provisions were abundant, but was afterwards pursued as far as possible under the peculiar style of warfare waged by the North. Even amid the losses and privations to which the enemy subjected them, they sought to carry out the humane purpose of this solemn declaration.

The first public announcement by President Davis, with respect to prisoners, was made in a letter to President Lincoln, dated July 6th, 1861. This letter was called forth by the alleged harsh treatment of the crew of the Confederate vessel Savannah, then prisoners in the hands of the enemy. We extract a paragraph of this letter:

In his message, dated July 20th, 1861, he mentioned this letter, and thus alluded to the expected reply from President Lincoln:

Several months elapsed, after the beginning of hostilities, before the captures on either side were sufficiently numerous to demand much consideration. A proposition was even made in the Confederate Congress, to return the Federal prisoners, taken at the first battle of Manassas, without any formality whatever.

In February, 1862, negotiations occurred between the two governments, with a view to the arrangement of a system of exchange. In these negotiations Generals Howell Cobb and Wool represented their respective Governments. The result was a cartel, by which prisoners of either side should be paroled within ten days after their capture, and delivered on the frontier of their own country. A point of difference was, however, raised, as to a provision requiring each party to pay the expense of transporting their prisoners to the frontier. This difference General Wool reported to the Federal Government, which refused to pay these expenses. At a second interview, March 1st, 1862, this action of the Federal authorities being made known to General Cobb, the latter immediately conceded the point, and proposed to make the cartel conform in all its features to the wishes of General Wool. The latter declined any arrangement, declaring “that his Government had changed his instructions,” and abruptly terminated the negotiations.

The explanation of this conduct was apparent. While the negotiations between Generals Wool and Cobb were pending, Fort Donelson had fallen, reversing the previous state of things, and giving the North an excess of prisoners. These prisoners, instead of being sent South on parole, were carried into the interior of the North, and treated with severity and indignity. Repudiating this agreement, just as soon as it was ascertained that their captures at Donelson placed the South at disadvantage, the Federal authorities foreshadowed that “consistently perfidious conduct,” which President Davis declared to be characteristic of their entire course upon the subject.

It was impossible to bring the Federal Government to any arrangement, until the fortune of war again placed the Confederates in possession of the larger number of prisoners. An immediate consequence of the Confederate successes in the summer of 1862, was the indication of a more accommodating spirit by the enemy. Negotiations between General D. H. Hill, on behalf of the Confederate authorities, and General John A. Dix, on behalf of his Government, resulted in the adoption of a new cartel of a completely satisfactory and humane character. Under this cartel, which continued in operation for twelve months, the Confederate authorities restored to the enemy many thousands of prisoners in excess of those whom they held for exchange, and encampments of the surplus paroled prisoners were established in the United States, where the men were able to receive the comforts and solace of constant communication with their homes and families. In July, 1863, the fortune of war again favored the enemy, and they were enabled to exchange for duty the men previously delivered to them, against those captured and paroled at Vicksburg and Port Hudson. The prisoners taken at Gettysburg, however, remained in their hands, and should have been at once returned to the Confederate lines on parole, to await exchange. Instead of executing a duty imposed by the plainest dictates of justice and good faith, pretexts were instantly sought for holding them in permanent captivity. General orders rapidly succeeded each other from the bureau at Washington, placing new constructions on an agreement which had given rise to no dispute while the Confederates retained the advantage in the number of prisoners. With a disregard of honorable obligations, almost unexampled, the Federal authorities did not hesitate, in addition to retaining the prisoners captured by them, to declare null the paroles given by the prisoners captured by the Confederates in the same series of engagements, and liberated on condition of not again serving until exchanged. They then openly insisted on treating the paroles given by their own soldiers as invalid, and those of Confederate soldiers, given under precisely similar circumstances, as binding. A succession of similar unjust pretensions was maintained in a correspondence tediously prolonged, and every device employed, to cover the disregard of an obligation, which, between belligerent nations, is only to be enforced by a sense of honor.

We have not space sufficient for even a sketch of the protracted correspondence, which ensued between the commissioners of exchange, respecting the suspension of the cartel. In its progress Commissioner Ould triumphantly vindicated the action of the Confederate Government, in every instance meeting in an unanswerable manner, the counter-charges of the Federal authorities. The South can require no better record of its honorable and humane conduct, than is furnished by this correspondence. The Confederate Government was singularly fortunate in the selection of Mr. Ould, who unites to a most honorable and amiable character, an intellect of unusual vigor and astuteness, as was abundantly shown in his conclusive demonstrations of the perfidious conduct of the authorities at Washington.

For twelve months after the date of the cartel (that is, until after the battle of Gettysburg), the Confederates held a considerable excess of prisoners. It has never been alleged, amid all the calumny which has assailed the South, that during this period, the Federal prisoners (unless held on serious charges), were not promptly delivered. Commissioner Ould several times urged the Federal authorities to send increased transportation for their prisoners. On the other hand, numbers of Confederate officers and soldiers were kept in irons and dungeons, in many instances without even having charges preferred against them.

On the 26th July, 1863, Commissioner Ould said in a letter to the Federal Agent of Exchange: “Now that our official connection is being terminated, I say to you in the fear of God—and I appeal to him for the truth of the declaration—that there has been no single moment, from the time we were first brought together in connection with the matter of exchange, to the present hour, during which there has not been an open and notorious violation of the cartel, by your authorities. Officers and men, numbering over hundreds, have been, during your whole connection with the cartel, kept in cruel confinement, sometimes in irons, or doomed to cells, without charges or trial.... The last phase of the enormity, however, exceeds all others. Although you have many thousands of our soldiers now in confinement in your prisons, and especially in that horrible hold of death, Fort Delaware, you have not, for several weeks, sent us any prisoners.... For the first two or three times some sort of an excuse was attempted. None is given at this present arrival. I do not mean to be offensive when I say that effrontery could not give one.”

In reply to these and similar charges by Commissioner Ould, which he, in repeated instances, substantiated by naming the Confederate officers and soldiers thus shamefully treated, the enemy retorted with a charge of similar treatment of Federal prisoners. Yet the prison records of the Confederacy, in no instance, show the detention of prisoners while the cartel was in operation, unless held under grave charges. Commissioner Ould, in his letter of August 1, 1863, effectually silenced this replication. Said he: “You have claimed and exercised the right to retain officers and men indefinitely, not only upon charges actually preferred, but upon mere suspicion. You have now in custody officers who were in confinement when the cartel was framed, and who have since been declared exchanged. Some of them have been tried, but most of them have languished in prison all the weary time without trial or charges. I stand prepared to prove these assertions. This course was pursued, too, in the face not only of notice, but of protest. Do you deny to us the right to detain officers and men for trial upon grave charges, while you claim the right to keep in confinement any who may be the object of your suspicion or special enmity?”

The paroles issued after capture were respected by both parties, until, about the middle of 1863, the Federal authorities declared void the paroles of thousands of their soldiers, who had been sent North by the Confederate Government. At that time, it is noteworthy, the Federal Government had no lists of paroled prisoners to be charged against the Confederacy. The latter had previously discharged all its obligations from its large excess of prisoners, leaving still a large balance in their favor unsatisfied. In this condition of affairs, Commissioner Ould was notified that “exchanges will be confined to such equivalents as are held in confinement on either side.” After such a display of perfidy, no surprise should be occasioned by the subsequent action of the Federal authorities. This announcement, in unmistakable phraseology, meant simply that, as the Confederates had returned equivalents for all paroles held against them, and the Federals held no paroles to be charged against the Confederacy, hereafter no exchange would be made except for men actually in captivity. In other words, having received all the benefits which they could from the observance of the cartel, the Federal Government openly repudiated it, the moment that its operation would favor their antagonists. Commissioner Ould promptly declined the perfidious proposition of the enemy, which would have continued thousands of Confederate soldiers in prison, after their Government had returned all prisoners in their possession, and yet held the paroles of Federal soldiers, largely exceeding in number the Confederate soldiers held captive by the enemy. Subsequently the Federal officers and soldiers, in violation of their paroles, and without being declared exchanged, were ordered back to their commands. Commissioner Ould then very properly declared exchanged an equal number of Confederate officers and men, who had been paroled by the enemy at Vicksburg.

With these transactions ended all exchanges under that provision of the cartel which provided the delivery of prisoners within ten days. All subsequent deliveries of prisoners were made by special agreement. The facts which we have stated, showing the suspension of the cartel to have been occasioned by the bad faith of the Federal Government, are upon record, and can not be disputed. They are accessible to every Northern reader, who may feel disposed to satisfy his judgment, by facts, rather than to foster prejudices based upon the most monstrous falsehoods, ever invented in the interest of fanaticism and hate. The suspension of the cartel was the direct cause of those terrible sufferings which were afterwards endured by the true men of both sides. It led directly to the hardships, the exposure, and hunger of Andersonville, the cruelties of Camp Douglas, the freezing of Confederate soldiers upon the bleak shores of the Northern lakes, and those countless woes which are endured by the occupants of military prisons, even when conducted upon the most humane system. Having been guilty of a shameful violation of faith, the Federal Government persisted in a policy, which was not only cruel to the South, but brought upon the brave men who were fighting its battles, the sufferings which the North has falsely pictured with every conceivable feature of horror and atrocity.

Until the end of the war, the Confederate Government continued its efforts to secure the renewed operations of the cartel—a policy which humanity to its own defenders demanded. Why it was not renewed, the motives which dictated a policy which occasioned an almost unexampled degree of human suffering, is a question abundantly answered in the testimony here adduced, the most conclusive portions of which comes from Northern sources.

In January, 1864, it was plain from the disposition of the enemy that the majority of the prisoners of both sides were doomed to confinement for many weary months, if not until the end of the war. Under this impression, Commissioner Ould wrote the following letter, which was promptly delivered to the Federal Agent of Exchange:

To this humane proposition no answer was ever made. It is needless to depict the alleviation of misery which its adoption would have secured. Can there be but one interpretation of the motives of those who rejected this noble offer? These propositions are indeed extraordinary, in view of the obloquy heaped upon the Confederate authorities for their alleged indifference to the health and comfort of their prisoners. Most noticeable, however, is the invitation extended to the Federal authorities to investigate, and report to the world, the treatment and condition of Federal soldiers in Southern prisons.

But this is far from completing the evidence which convicts the Federal Government of a purpose to trade upon the sufferings of their prisoners, and thus inflame the resentment of the North during the war, and shows the malignant purpose of a faction to establish a foul libel upon the South in the mind of posterity. On the 10th of August, 1864, Commissioner Ould wrote as follows:

“Major John E. Mulford, Assistant Agent of Exchange—

“Sir: You have several times proposed to me to exchange the prisoners respectively held by the two belligerents, officer for officer, and man for man. The same offer has also been made by other officials having charge of matters connected with the exchange of prisoners. This proposal has heretofore been declined by the Confederate authorities, they insisting upon the terms of the cartel, which required the delivery of the excess on either side upon parole. In view, however, of the very large number of prisoners now held by each party, and the suffering consequent upon their continued confinement, I now consent to the above proposal, and agree to deliver to you the prisoners held in captivity by the Confederate authorities, provided you agree to deliver an equal number of Confederate officers and men. As equal numbers are delivered from time to time, they will be declared exchanged. This proposal is made with the understanding that the officers and men, on both sides, who have been longest in captivity, will be first delivered, where it is practicable. I shall be happy to hear from you as speedily as possible, whether this arrangement can be carried out.

“Respectfully, your obedient servant,
“ROBERT OULD,
“Agent of Exchange.”