War of the Rebellion: Serial 119 Page 0026 PRISONERS OF WAR AND STATE, ETC.

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equivalent to a full acknowledgment of the freedom of all those engaged in the rebellion-freedom from all liability to the law of the common country. This is an artful attempt on the part of the South, on pretext of dealing equally, to exempt themselves from all liability for treason. This has been a darling purpose with them, and they have tried every means in their power to accomplish it. They know that they cannot try a Northern citizen fro treason under any law whatever, but citizens of the South are liable for that crime under the law of the country as it stands on the statute books of the nation. this is what in the South they wish to set aside under the pretext of a cartel or an agreement not to arrest citizens, but there is no equality in the cases.

There is no agreement now requiring the exchange of Colonel Chandler. If a Southerner found within our lines, he would be liable under a formidable charge. As a Northerner attempting to make his way South, he would also be liable, and in either case independently of the South as such. As he was in the North and not in the South, though taken in an attempt to go South, I am of the opinion that he ought not to be treated as a Southerner, but as a disaffected Northerner; and I am so far from thinking that he ought to be sent South that, on the contrary, I think that he ought not be allowed to go there with the knowledge he acquired while remaining apparently for a time quiescent in the North. If there was a way by which he could be put under bonds not to go South or attempt to communicate with the South during the war, I should think he might be relieved from confinement, considering his confinement up to the present time a necessary consequence of his attempting to elude the blockade laws. But this is a matter which I have nothing to do, for in no view of the case, as I view the question, is he a subject for exchange with which my duties connect me.

As you sent me Colonel Chandler's letter, I return it with these remarks for such consideration as you may think them worth, though I should be glad if he could be released, provide with a due regard to the public interest.

Very truly, yours,


[First indorsement.]


June 22, 1863.

Colonel Hoffman referee these letters to Colonel Chandler for his perusal, with the request that he return them by the bearer.

[Second indorsement.]


June 22, 1863.

Read and returned by the bearer.



Fort Monroe, June 18, 1863.

Honorable ROBERT OULD, Agent for Exchange of Prisoners:

SIR: I send to you Colonel Morehead and Captain Flint, who have been declared exchanged. Also all the surgeons we have here, excepting Doctor Green.

Captain Mulford is instructed to bring back Colonel Morehead unless Spencer Kellogg, declared exchanged, be delivered, if in Richmond, or if he be not, unless you give an agreement that Kellogg shall be delivered at City Point within two weeks.