Correspondence between Gen'ls Lee and Grant.
Relative to the Treatment of Negro Soldiers, and The Retaliatory Measure of
Gen. Butler.
HdQr's Army Northern Virginia,
October 19, 1864.
Lieut. Gen. U.S. Grant,
Commanding U.S. Armies:
General: In accordance with instructions from the Hon. Secretary of War of the confederate States, I have the honor to call your attention to the subject of two communications recently addressed by Major General B.F. Butler, an officer under your command, to the Hon. Robert Ould, Commissioner for the Exchange of Prisoners.
For the better understanding of the matter, I enclose copies of the communications.
You will perceive by one of them that the writer has placed a number of officers and men belonging to the Confederate service, prisoners of war captured by the United States forces, at labor in the canal at Dutch Gap, in retaliation, as is alleged, for a like number of Federal colored soldiers, prisoners of war in our hands, who are said to have been put to work on our fortifications.
The evidence of this fact is found in the affadavits [sic] of two deserters from our service.
The other letter refers to a copy of a notice issued by a Confederate officer commanding a camp near Richmond, calling upon the owner to come forward and establish their claims to certain negroes in the custody of that officer.
The writer of the letter proceeds to state that some of the negroes mentioned in the notice are believed to be soldiers of the United States army captured in arms, and that, upon that belief, he has ordered to such manual labor as he deems most fit[t]ing to meet the exigency an equivalent number of prisoners of war held by the United States and announces that he will continue to order to labor captives in war to a number equal to that of all the United States soldiers who he has reason to beli[e]ve are held to service or labor by the Confederate forces, until he shall be notified that the alleged practice on the part of the Confederate authorities, until he shall be notified that the alleged practice on the part of the Confederate authorities has ceased.
Before stating the facts with references to the particular negroes alluded to, I beg to explain the policy pursued by the Confederate Government towards this class of persons, when captured by its forces.
All negroes in the military or naval service of the United States, taken by us, who are not identified as the property of citizens or residents of any of the Confederate States, are regarded as priso[n]ers of war, being held to be proper subjects of exchange, as I recently had the honor to inform you.
No labor is exacted from such prisoners by the Confederate authorities.
Negroes who owe services or labor to citizens or residents of the Confederate States, and who, through compulsion, persuasion, or of their own accord, leave their owners, and are placed in the military or naval service of the United States, occupy a different position.
The right to the service or labor of negro slaves, in the Confederate States, is the same now as when those States were members of the Federal Union.
The right to the service or labor of negro slaves, in the Confederate States, is the same now as when those States were members of the Federal Union.
The constitutional relations and obligations of the Confederate Government to the owners of this species of propeerty, are the same as those frequently and so long recognized as appertaining to the Government of the United States, with reference to the same class of persons, by virtue of its organic law.
From the earliest period of the independence of the American States, it has been held that one of the duties incumbent upon the several common governments under which they have, from time to time, been associated, was the return to their lawful owners of slaves accoptured [sic] from the public enemy. It has been uniformly held that the capture of abduction of a slave does not impair the right of the owner to such slave, but that the right attaches to him immediately upon recapture.
Such was the practice of the American States during their struggle for independence. The Government under which they were then associated resumed to the owners slaves abducted by the British forces and subsequently recaptured by the American armies.
In the war of 1812 with Great Britain, the course pursued by the United States Government was the same, and it recognized the right of the owner to slaves recaptured fro the enemy. Both the Continental and United States Governments, in fact, denied that the abduction of slaves was a belligerent right, and the latter power insisted upon, and ultimately secured by treaty, pecuniary indemnity from the British Government for slaves taken by its forces during the war of 1812.
And it is supposed that a negro belonging to a citizens of a State in which slavery is recognized and which is regarded as one of the United States, were to escape into the Confederate States, or be captured or abducted by their armies, the legal right of the owner to reclaim him would be as clear now as in 1812, the Constitution of the United States being unchanged in this particular, and that instrument having been interpreted in the judicial decissions [sic], legislative and diplomatic acts and correspondence of the United States as imposing upon that government the duty of protecting in all cases coming within the scope of its authority, the owners of slaves as well as of any other kind of property recognized as such by the several States.
The Confederate Government, bound by the same constitutional obligations, considers, as that of the United States did, that the capture or abduction of a negro slave does not preclude the lawful owner from reclaiming him when captured, and I instructed to say that all such slaves, when properly identified as belonging to citizens of any of the Confederate States, or to persons enjoying the protection of their laws, will be restored, like other recaptured private property, to those entitled to them.
Having endeavored to explain the general policy of the Confederate Government with regard to the subject, I beg leave to state the facts concerning the particular transactions referred to in the inclosed communications.
The negroes recently captured by our forces were sent to Richmond with other Federal prisoners. After their arrival it was discovered that a number of them were slaves belonging to citizens or residents of some of the Confederate States, and of this class fifty-nine, as I learn, were sent, with other negroes, to work on the fortifications around Richmond until their owners should appear and claim them. As soon as I was informed of the fact, less than two days afterwards, not wishing to employ them here, I ordered them to be sent to the rear.
By a misapprehension of the engineer officer in charge, they were transferred to our lines South of James river, but, when apprised of the error, I repeated the order for their removal. If any negroes were included among this number, who were not identified as the slaves of citizens or residents of some of the Confederate States, they were so included without the knowledge or authority of the War Department, as already explained, and the mistake, when discovered, would have been corrected.
It only remains for me to say that negroes employed upon our fortifications are not allowed to be placed where they will be exposed to fire, and there is no foundation for any statement to the contrary.
The author of the communications referred to has considered himself justified (by the report of two deserters, who do not allege that the negroes in question were exposed to any danger,) in placing our prisoners at labor in the canal at Dutch Gap, under the fire of our batteries.
In view of the explanations of the practice of the Confederate Government above given and of the statement of facts I have made, I have now, in accordance with my instructions, respectfully to inquire whether the course pursued towards our prisoners, as set forth in the accompanying letters, has your sanction and whether it will be maintained?
Very respectfully,
Your obedient servant
(Signed) R.E. Lee, Gen'l.
Hdq'rs Armies of the United States
October 20, 1864.
Gen. R.E. Lee, C.S.A., Commanding Army Northern Virginia:
General--Understanding, from your letter of the 19th that the colored prisoners who were employed at work in the trenches near Fort Gilmer have been withdrawn, I have directed the withdrawal of the Confederate prisoners in the Dutch Gap canal. I shall always regret the necessity for retaliating for wrongs 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 will [be] inflicted upon an equal number of prisoners held by us.
I have nothing to do with the discussion of the slavery question, therefore decline answering the arguments addteed [sic] to show the right to return to former owners such negroes as are captured from our army. In answer to the question at the conclusion of your letter, I have to state, that all prisoners of war falling into my hands shall receive the kindest possible treatment, consistent with securing them, unless I have good authority for believing any number of our men are being treated otherwise. Then, painful as it may be to me, I shall inflict like treatment on an equal number of Confederate prisoners.
Hoping that it may never become my duty to order retaliation upon any man held as a prisoner of war.
I have the honor to be,
Very respectfully,
Your ob't servant,
U.S. Grant,
Lieutenant General.