War of the Rebellion: Serial 121 Page 0432 PRISONERS OF WAR AND STATE, ETC.

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I am constantly receiving men of that command, both officers and privates. I have never been informed by the Federal authorities that it is their purpose to treat them differently from other prisoners of war. I inquired of the Federal agent whether they stood on the footing of prisoners of war and his answer was that he was delivering them from time to time. Whenever I have learned that any of Mosby's command were put in close confinement or irons I have protested, and I believe that orders have been given for their relief. Those at Fort Warren, as far as treatment is concerned, since their arrival there have fared as other prisoners of war. The excuse that the enemy gave for their being carried there with handcuffs was that it was necessary to prevent their escaped. Some of Mosby's men are at Fort McHenry and the action I have taken as to them is already before you. So long as Mosby's men are not put in close confinement or in irons or subjected to other unusual punishment I cannot complain that they are not all sent home for exchange.

I have been edeavoring for more than a year to persuade the Federal authorities to deliver prisoners according to the date of their capture, the oldest to have precedence. General Grant has now ordered this rule to be observed, and it would be unfortunate for us to say or do anything which would in any manner operate agains that just rule. Those of Mosby's men who are now in prison are not our oldest prisoners, and if treated by the enemy as prisoners of war should await their turn. The writer (Mason) does not complain that Mosby's men are not treated as prisoners of war in Fort Warren, save that he says they are told they are not to be exchanged and that their sick were not sent off with the other sick. Every command in the army can say the latter thing. Besides, since that date I wrote received of Mosby's command both sick and well.

As far, then, as the Fort Warren prisoners are concerned, the case is that before their turn has come for delivery they are informed that they will be held for the war.

I will again call the attention of the Federal authorities to this matter, entering more into detail as to facts and demanding from them a formal announcement as to their purpose with reference to Mosby's command.

Respectfully, your obedient servant,

RO. OULD,

Agent of Exchange.

HENDERSON, N. C., March 25, 1865.

Honorable ROBERT OULD,

Commissioner of Exchange, Richmond, Va.:

Allow me to call your attention to the condition of the remaining 500 Confederate officers of the 600 that were sent to Morris Island, S. C., and placed under the fire of our own guns in August, 1864. I was one of that unfortunate party and know what they have suffered. I am sure you will agree with me that their claims are greater, and should be considered first by the Government. A large majority have been in prison from twenty months to two years, and during their stay in captivity have suffered in the last seven months more than they would have done in two years in the Northern prisons, and in the name of humanity I appeal to you to exchange those that are sick. I left Lieutenant Colonel T. L. Hargrove, Forty-fourth North Carolina Infantry, in very delicate health at Fort Pulaski, Ga., and unless he is exchanged soon will fall a victim