The Rise and Fall of the Confederate Government, Volume 2

by Jefferson Davis

This was the adversary with whom we had to struggle, and this was the issue for which we fought. That we dared to draw our swords to vindicate the rights and the sovereignty of the people, that we dared to resist and deny all sovereignty as inherently existing in the Government of the United States, was adjudged an infamous crime, and we were denounced as "rebels." It was asserted that those of us "who were captured should be hung as rebels taken in the act." Crushing the corner-stone of the Union, the independence of the States, the Federal Government assumed toward us a position of haughty arrogance, refused to recognize us otherwise than as insurrectionists and "rebels," who resisted and denied its usurped sovereignty, and who were entitled to no amelioration from the punishment of death, except such as might proceed only from the promptings of mercy.

On April 17, 1861, I issued a proclamation in which I offered to grant letters of marque and reprisal to seamen. On April 19th President Lincoln issued a counter-proclamation, declaring that, "if any person, under the pretended authority of said States, or under any other pretense, shall molest a vessel of the United States, or the persons or cargo on board of her, such person shall be held amenable to the laws of the United States for the prevention and punishment of piracy," which was death.

Some small vessels obtained these letters of marque and were captured. Their officers and crew constituted the first prisoners that fell into the hands of the enemy. They were immediately imprisoned, and held for trial as pirates. The trial came on later in the year. A report of it states that "the views of all the judges seemed to center upon the one point, that these men were taken in arms against the Government of the United States, and that, inasmuch as the laws of that Government did not recognize the authority under which the men acted, there was no course but to condemn them."

As soon as the treatment of these prisoners was known in Richmond, before their trial and as early as July 6, 1861, I sent by a special messenger a communication to President Lincoln, in substance as follows:

"Haying learned that the schooner Savannah, a private armed vessel in the service and sailing under a commission issued by the authority of the Confederate States of America, had been captured by one of the vessels forming the blockading squadron off Charleston Harbor, I directed a proposition to be made to the commanding officer of the squadron for an exchange of officers and crew of the Savannah for prisoners of war held by this Government, 'according to number and rank.' To this proposition, made on the 19th ultimo, Captain Mercer, the officer in command of the blockading squadron, made answer, on the same day, that 'the prisoners' (referred to) 'are not on board any of the vessels under my command.'

"It now appears, by statements made without contradiction in newspapers published in New York, that the prisoners above mentioned were conveyed to that city, and have been treated not as prisoners of war, but as criminals; that they have been put in irons, confined in jail, brought before courts of justice on charges of piracy and treason; and it is even rumored that they have been convicted of the offenses charged, for no other reason than that they bore arms in defense of the rights of this Government and under the authority of its commission.

"I could not, without grave discourtesy, have made the newspaper statements above referred to the subject of this communication, if the threat of treating as pirates the citizens of this Confederacy, armed for its service on the high-seas, had not been contained in your proclamation of the 19th of April last. That proclamation, however, seems to afford a sufficient justification for considering these published statements as not devoid of probability.

"It is the desire of this Government so to conduct the war now existing as to mitigate its horrors as far as may be possible, and, with this intent, its treatment of the prisoners captured by its forces has been marked by the greatest humanity and leniency consistent with public obligation. Some have been permitted to return home on parole, others to remain at large, under similar conditions, within this Confederacy, and all have been furnished with rations for their subsistence, such as are allowed to our own troops. It is only since the news has been received of the treatment of the prisoners taken on the Savannah, that I have been compelled to withdraw these indulgences, and to hold the prisoners taken by us in strict confinement.

"A just regard to humanity and to the honor of this Government now requires me to state explicitly that, painful as will be the necessity, this Government will deal out to the prisoners held by it the same treatment and the same fate as shall be experienced by those captured on the Savannah; and, if driven to the terrible necessity of retaliation by your execution of any of the officers or crew of the Savannah, that retaliation will be extended so far as shall be requisite to secure the abandonment of a practice unknown to the warfare of civilized man, and so barbarous as to disgrace the nation which shall be guilty of inaugurating it.

"With this view, and because it may not have reached you, I now renew the proposition made to the commander of the blockading squadron, to exchange for the prisoners taken on the Savannah an equal number of those now held by us according to rank."