Ing shall not interrupt the release of prisoners on parole, as herein provided, but shall be made the subject of friendly explanation, in order that the object of this agreement may neither be defeated nor posptoned.

JOHN A. DIX, Major-General.
D. H. HILL, Major-General, C. 8. A.

Mr. Robert Ould was appointed agent of the Confederacy under this important text of the war. He was eminently qualified for the office. He was among the most accomplished jurists of the country; he had one of the most vigorous intellects in the Confederacy; he was a man of large humanity, dignified, and even lofty manners, and spotless personal honour. The record of his services in the cause of humanity and truth was one of the purest in either the public bureau or secret chamber of the Confederacy.

It will be seen that the chief, if not the only purpose, of the instrument copied above was to secure the release of 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."

From the date of the cartel until July, 1863, the Confederate authorities held the excess of prisoners. During that interval deliveries were made as fast as the Federal Government furnished transportation. Indeed, upon more than one occasion, Commissioner Ould urged the Federal authorities to send increased means of transportation. As ready as the enemy always has been to bring false accusations against the Confederates, it has never been alleged that they failed or neglected to make prompt deliveries of prisoners who were not under charges when they held the excess. On the other hand, during the same time the cartel was openly and notoriously violated by the Federal authorities. Officers and men were kept in cruel confinement, sometimes in irons or doomed to cells, without charge or trial.

These facts were distinctly charged in the correspondence of Commissioner Ould. On the 26th July, 1863, he addressed a letter to Lieut.-Col. Ludlow, then acting as agent of exchange on the Federal side, in which he used the following impressive and vigorous language in vindication of himself and his Government: "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

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VIOLATION OF THE CARTEL BY THE NORTH.

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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. They are in prison now, unless God, in His mercy, has released them. In our parting moments, let me do you the justice to say that I do not believe it is so much your fault as that of your authorities. Nay, more, I believe your removal from your position has been owing to the personal efforts you have made for a faithful observance, not only of the cartel, but of humanity, in the conduct of the war. Again and again have I importuned you to tell me of one officer or man now held in confinement by us, who was declared exchanged. You have, to those appeals, furnished one, Spencer Kellog. For him I have searched in vain. On the other hand, I appeal to your own records for the cases where your reports have shown that our officers and men have been held for long months and even years in violation of the cartel and our agreements. The last phase of the enormity, however, exceeds all others. Although you have many thousands of our soldiers now in con finement in your prisons, and especially in that horrible hold of death Fort Delaware, you have not, for several weeks, sent us any prisoners During those weeks you have despatched Capt. Mulford with the steamer New York to City Point, three or four times, without 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. I ask you with no purpose of disrespect, what can you think of this covert attempt to secure the delivery of all your prisoners in our hands, without the release of those of ours who are languishing in hopeless misery in your prisons and dungeons?"

It is a fact beyond all controversy that officers and soldiers of the Con federacy entitled to delivery and exchange, were kept in confinement, in defiance of the cartel, some under charges, and some without. Many of these officers and soldiers were in confinement at the time of the adoption of the cartel, and continued to be so kept for months and years afterwards. In a few instances Commissioner Ould succeeded by persistent pressure in securing their release. In other cases, when from returned prisoners he would learn their place of confinement, and state it to the Federal agent, there would either be a denial of the fact that the party was confined there, or he would be removed to some other prison. Many of these pris oners were actually declared exchanged by the Federal Agent of Exchange, but yet still kept in prison, and all the others were entitled to delivery for exchange under the terms of the cartel.

To the serious allegation of a retention of prisoners in spite of the cartel and all the obligations of good faith, the Federal Government never attempted anything but a paltry counter-charge of the weakest and most

In

No inquiry was ever

Streight's men were

disingenuous kind. During the period before mentioned the only com plaints made by the Federal authorities of any breach of the cartel, were in the cases of such officers as were retained in consequence of President Davis' several proclamations, and in the case of Gen. Streight and his officers. In looking back over the prison records of the Confederacy, the author can find no instance of any officers or men who were kept in pris on after the date of the cartel under the proclamations of Mr. Davis. point of fact, nothing was ever done under them. made whether the prisoners led negro troops or not. detained for several months. The reasons for their detention were fully given. In a letter written by Commissioner Ould, August 1st, 1863, to Brig.-Gen. Meredith, he said: "In retaining Col. Streight and his command, the Confederate authorities have not gone as far as those of the United States have claimed for themselves the right to go ever since the establishment of the cartel. 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?"

Commissioner Ould also informed the Federal authorities, in 1863, that the charges against Streight and his command were not sustained, and that they were held as other prisoners. At the time, however, of this latter notification, other difficulties had supervened, which had almost entirely stopped exchanges.

Up to July, 1863, the Confederates had a large excess of prisoners. The larger number had been released upon parole after capture. Such paroles had been without question respected by both parties, until about the middle of 1863, when they were to be declared to be void (except under very special circumstances) by General Orders at Washington. The true reason of those General Orders was that the Federals had no lists of paroled prisoners (released on capture) to be charged against the Confederates. The latter had paid off all debts of that kind from their abundant stores. They, on the other hand, had many such lists which were unsatisfied, being principally captures in Kentucky, Tennessee, etc. Such being the state of affairs, on the 8th of April, 1863, Commisssioner Ould was informed that "exchanges will be confined to such equivalents as are held in confinement on either side." In other words, as all the paroles held by

THE EXCHANGE QUESTION.

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the Federals had been satisfied and paid for in equivalents, and as they then held none of such to be charged against the Confederates, they would no longer respect such as they held, and the latter must deliver men actually in captivity for such as they would send. The Confederates then had the outstanding paroles, but the Federals had the majority of prisoners in hand. The effect of all this would have been, after the Confederates had delivered all their prisoners, to leave a large balance of their people in prison, while they at the same time had in their possession the paroles of ten times as many prisoners as the enemy held in captivity. This arrangement Commissioner Ould refused with indignation. The officers and men, who gave the paroles referred to, were subsequently, in violation of their parole, and without being declared exchanged, ordered to duty, and served against the South. Thereupon, Commissioner Ould off-setted such paroles against similar paroles taken by our officers and men at Vicksburg, and declared a like number of the latter exchanged. That was the only way he had of "getting even " with the enemy; and no one can say that the way was not fair and honourable.

From this time the provision of the cartel, that all prisoners, where practicable, were to be delivered within ten days was practically nullified, and was not respected during the remainder of the war. Such deliveries

as were made afterwards, were in consequence of special agreements. The most strenuous efforts were made by Commissioner Ould to remedy this distressing state of things. The Confederate authorities only claimed that the provisions of the cartel should be fulfilled. They only asked the enemy to do what, without any hesitation, they had done during the first year of the operation of the cartel. Seeing a persistent purpose on the part of the Federal Government to violate its own agreement, the Confederate authorities, moved by the sufferings of the men in the prisons of each belligerent, determined to abate their fair demands, and accordingly, on the 10th of August, 1864, Commissioner Ould addressed the following communication to Major John E. Mulford, Assistant Agent of Exchange:

Maj. John E. Mulford, Asst. Agent of Exchange:

RICHMOND, VA., August 10th, 1861.

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,

R. OULD, Agent of Exchange.

The delivery of this letter was accompanied with a statement of the mortality which was hurrying so many Federal prisoners, at Andersonville to the grave.

On the 20th of the same month Major Mulford returned with the flag of truce steamer, but brought no answer to the letter of the 10th of August. In conversation with him, Commissioner Ould asked if he had any reply to make to the communication, and his answer was that he was not authorized to make any. So deep was the solicitude which Commissioner Ould felt in the fate of the captives in Northern prisons, that he determined to make another effort. In order to obviate any objection which technicality might raise as to the person to whom his communication was addressed, he wrote to Maj.-Gen. E. A. Hitchcock, the Federal Commissioner of Exchange, residing in Washington city, the following letter, and delivered the same to Major Mulford on the day of its date. Accompanying that letter was a copy of the communication which he had addressed to Major Mulford on the 10th of August:

Maj.-Gen. E. A. Hitchcock, U. 8. Commissioner of Exchange:

RICHMOND, August 22, 1864

SIR: Enclosed is a copy of a communication which, on the 10th inst., I addressed and delivered to Major Jno. E. Mulford, Assistant Agent of Exchange. Under the circumstances of the case, I deem it proper to forward this paper to you, in order that you may fully understand the position which is taken by the Confederate authorities. I shall be glad if the proposition therein made is accepted by your Government.

Respectfully your obedient servant,

RO. OULD, Agent of Exchange.

On the afternoon of the 30th August, Commissioner Ould was notified that the flag of truce steamer had again appeared at Varina. On the following day he sent to Maj. Mulford the following note:

Maj. John E. Mulford, Assistant Agent of Exchange:

RICHMOND, August 31, 1864.

SIR: On the 10th of this month I addressed you a communication, to which I have received no answer. On the 22d inst. I also addressed a communication to Maj.-Gen. E. A. Hitchcock, U. S. Commissioner of Exchange, enclosing a copy of my letter to you of the 10th inst. I now respectfully ask you to state in writing whether you have any reply to either of said communications; and if not, whether you have any reason to give why no reply has been made?

Respectfully, your obedient servant,

RO. OULD, Agent of Exchange.