The war of the rebellion: a compilation of the official records of the Union and Confederate armies. ; Series 2 - Volume 6
Page 17

HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, June 14, 1863. Hon. ROBERT OULD, Agent for Exchange of Prisoners: SIR: I assure you that you have not transgressed any propriety in your questions as to the purpose of the United States Government to execute its conscription act and as to the number of men who will be raised under its provisions. I have the honor to inform you in reply that the conscription act is now being executed and that a sufficient number of men will be raised under its provisions to bring this war to a speedy and successful conclusion. My object in requesting from you a copy of the act of the Confederate Congress and information as to intentions to execute it was to know officially what disposition under the act was proposed to be made of officers and men captured in arms and who had been duly mastered into the service of the United States, and also that the issues thereby presented could be fully understood and promptly met. Sections 4, 5, 6, and 7 of this act propose a gross and inexcusable breach of the cartel both in letter and spirit. Upon reference to the cartel you will find no mention whatever of what was to be the color of prisoners of war. It was unnecessary to make any such mention, for before the establishment of this cartel and before one single negro or mulatto was mustered into the U. S. service you had them organized in arms in Louisiana. You had Indians and half breed negroes and Indians organized in arms under Albert Pike, in Arkansas. Subsequently negroes were captured on the battlefield at Antietam and delivered as prisoners of war at Aikens Landing to the Confederate authorities, and receipted for and counted in exchange. And more recently the Confederate legislature of Tennessee have passed an act forcing into their military service (I quote literally) all male free persons of color between the ages of fifteen and fifty, or such number as may be necessary, who may be sound in body and capable of actual service; and they further enacted that in the event a sufficient number of free persons of color to meet the wants of the State shall not tender their services, then the Governor is empowered through the sheriffs of different counties to impress such persons until the required number is obtained.

But it is needless to argue the question. You have not a foot of ground to stand upon in making the proposed discrimination among our captured officers and men. I protest against it as a violation of the cartel, of the laws and usages of war, and of your own practices under them. Passing events will clearly show the impracticability in executing the act referred to. In case, however, the attempt be made to execute it I now give you formal notice that the United States Government will throw its protection around all its officers and men without regard to color and will promptly retaliate for all cases violating the cartel or the laws and usages of war. I am, very respectfully, your obedient servant, WM. II. LUDLOW, Lieutenant- Colonel and Agent for Exchange of Prisoners.