We give the preliminary report, which indicates the points made:
COMMISSIONER OULD'S REPORT.
War Department,
Richmond, Virginia, December 5th, 1863.
Hon. James A. Seddon, Secretary of War:
Sir—I have the honor to submit the accompanying correspondence between the Federal Agent of Exchange and myself:
I have selected from the mass of correspondence, such letters as relate to matters of general interest, and especially to the subjects of controversy between us.
1. Papers from one to twelve, inclusive, relate the arrest and detention of non-combatants. The Federal authorities have persistently refused to observe any reciprocal rule as to such parties. Their military commanders seem to have been permitted to make arrests of non-combatants without regard to their age, sex or situation. After arrest, they have been thrown into prison and there indefinitely retained, in most cases, without charges. I have persistently contended that the whole subject of their capture of non-combatants, should be determined by rule, and not by arbitrary practice. This reasonable proposal, not receiving the assent of the enemy, the Confederate authorities have been forced, in some instances, to retain Federal non-combatants as a measure of retaliation.
2. Papers from thirteen to sixteen, inclusive, relate to the retention of exchanged and unexchanged officers and men. There are officers and men now in Federal prisons, who have been there ever since the adoption of the cartel. I have brought to the attention of the United States authorities again and again the names of some of the parties who were confined in violation of the exchange agreements. In some cases, after long delay, the parties were released. Others, however, are still languishing in confinement.
3. Papers from seventeen to forty, inclusive, relate to the general orders of the enemy and their connection with declarations of exchange. So anxious has the Confederate Government been to remove all obstacles to a general exchange of prisoners, that when the computation and adjustment of paroles was made a subject of difficulty by the enemy, we promptly agreed to determine the whole matter in accordance with the general orders, issued at Washington. This very liberal proposition has not been accepted by the Federal authorities, I have, however, by virtue of the provisions of the cartel, proceeded to make declarations of exchange, upon the basis of those general orders. In those declarations of exchange, I have not exceeded the valid paroles, which are on file in my office. The reply of the Federal agent to my letter of October 31st, 1863, was so personally offensive, that I was compelled to return it to him without any answer.
