War of the Rebellion: Serial 119 Page 0655 CORRESPONDENCE, ETC. - UNION AND CONFEDERATE.

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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 the captures 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 13 to 16, inclusive, relate to the retention of exchanged and unexchanged officers and men+. There are now officers and men in Federal prisoners who have been there over since the adoption of the cartel. I have brought to the attention of the U. S. 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 17 to 40, inclusive, relate to the general order of the enemy and their connection with declarations of exchange++. So anxious has the Confederate Government been to remove all obstacles to a general exchanged 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 deceleration of exchange upon the basis of the general orders. In these declarations of exchange I have not exceed the valid pales which are no file in my office. The reply of the Federal agent to my letter of October 31, 1863, was so personally offensive that I was compelled to return it to him without any answer.

4. Papers from 41 to 47, inclusive, relate to the confinement of General John H. Morgan and his officers in the penitentiary at Columbus,

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* For extract of Ould to Ludlow, October 4 [5], 1862, (beginning "I also bring to your attention" and ending "belonging to the class to which I have referred"), see Vol. IV, this series, pp. 602; Ludlow to Ould, December 3, 1862, Vol. V, this series, p. 20; Ould to Ludlow, December 11, 1862, ibid., p. 71; Ludlow to Ould, June 2, 1863, p. 657, post; Ould to Ludlow, June 5, 1863 (relating to correspondents of the press), Vol. V, this series, p. 746; Ould to Meredith, August 1, 1863 (extract beginning "For the purpose of showing"), p. 167, ante; Meredith to Ould, August 27, 1863, p. 232; Ould to Meredith, August 28, 1863 (beginning "I still adhere"), p. 237; Meredith to Ould, August 14, 1863, p. 202; Ould to Meredith, August 20, 1863 (first communication), p. 220; Meredith to Ould, October 23, 1863, p. 416; Ould to Meredith, October 31, 1863,

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p. 452.

+ See Ludlow to Ould, April 8, 1863, Vol. V, this series, p. 456; Ould to Ludlow, April 11, 1863, ibid., p. 469; Ould to Meredith, October 2, 1863, p. 339, ante; Ould to Meredith, October 23, 1863 (second communication), p. 416.

++ See Ould to Ludlow, June 19, 1863 (beginning "On the 5th day of June"), p. 29, ante; Ludlow to Ould, July 7, 1863, p. 90; General Orders, 207, p. 78; Ould to Ludlow, July 13, 1863 (first communication), p. 113; Ludlow to Ould, July 14, 1863, p. 116; Ould to Ludlow, July 17, 1863, p. 125; Ludlow to Ould, July 22, 1863, p. 136; Ould to Ludlow, July 26, 1863, p. 151; Exchange Notice Numbers 6 (in General Orders, Numbers 123, September 16, 1863), p. 295; Meredith to Ould, September 24, 1863, p. 315; Ould to Meredith, October 2, 1863 (second communication), p. 339; Meredith to Ould, September 14, 1863, p. 286; Ould to Meredith, September 14, 1863, p. 286; Exchange Notice Numbers 7, p. 388; Ould to Meredith, October 16, 1863 (second communication), p. 387; Meredith to Ould, October 17, 1863, p. 388; Ould to Meredith, October 27, 1863, p. 428; Ould to Meredith, October 20, 1863, p. 401; Ould to Meredith, October 27, 1863 (third communication), p. 430; Meredith to Ould, October 29, 1863, p. 441; Ould to Meredith, October 31, 1863, p. 452; Meredith to Ould, November 7, 1863, p. 481; Ludlow to Ould, May 22, 1863, Vol. V, this series, p. 690; Ould to Meredith, November 18, 1863 (first communication), p. 537, ante.