Treatment and Exchange of ' Prisoners. 85
the same authority, Generals Pope and Steinwehr issued their in- famous orders, also referred to in our last report. All of these orders were so contrary to all the rules of civilized warfare, and especially to those adopted by the Federal authorities themselves, that on August ist, 1862 (just ten days from the date of the cartel), the Confederate authorities were driven to the necessity of issuing an order declaring, among other things, that Pope and Steinwehr and the commissioned officers of their commands, " had chosen for themselves (to use General Lee's words) the position of robbers and murderers, and not that of public enemies entitled, if captured, to be treated as prisoners of war." Later on, in the fall of that year, came the barbarous orders and conduct of Generals Milroy, Butler and Hunter, which led to the proclamations of outlawry against these officers, and directing that they and their commissioned officers should not be treated, if captured, as prisoners of war, and, there- fore, should not be exchanged, but kept in confinement.
In September, 1862, Mr. Lincoln's emancipation proclamation was issued, to take effect January ist following, which caused Mr. Davis to issue another proclamation on December 23rd, 1862, di- recting that any Federal officer who should be arrested whilst either enrolling, or in command of negroes, who were slaves, should be turned over to the authorities of the several States in which the offenses were committed, and punished for the crime of inciting servile insurrection. These several proclamations of Mr. Davis created considerable uneasiness among the Federal authorities, and furnished the very pretext for which they were doubtless longing, for either violating, or suspending, the terms of the cartel. And so, on January i6th, 1863, we find Colonel Ludlow writing to his superior, General Hitchcock, as follows:
"I have the honor to enclose to you a copy of the Richmond Enquirer, containing Jeff. Davis' message. His determination, avowed in most insolent terms, to deliver to the several State author- ities all commissioned officers of the United States that may here- after be captured, will, I think, be persevered in. You will remem- ber that after the proclamation of Jeff. Davis, of December 23d, 1862, I urgently advised another interview (the last one I had with Mr. Ould, and in which very important exchanges were declared). I then did so anticipating that the cartel might be broken) and wishing to make sure of the discharge from their parole of 10,000 of our men. This was effected, and in a manner so advantageous
