"With the view, then, of making one last solemn attempt to avert such calamities, and to attest my earnest desire to prevent them, if it be possible, I have selected the bearer of this letter, the Hon. Alexander H. Stephens, as a military commissioner to proceed to your headquarters under flag of truce, there to confer and agree on the subjects above mentioned; and I do hereby authorise the said Alexander H. Stephens to arrange and settle all differences and disputes which may have arisen or may arise in the execution of the cartel for exchange of prisoners of war, heretofore agreed on between our respective land and naval forces; also to agree to any just modification that may be found necessary to prevent further misunderstandings as to the terms of said cartel; and finally to enter into such arrangement or understanding about the mode of carrying on hostilities between the belligerents as shall confine the severities of the war within such limits as are rightfully imposed, not only by modern civilization, but by our common Christianity. I am, very respectfully, your obedient servant,
"JEFFERSON DAVIS,
"Commander-in-Chief of the land and naval forces of the Confederate States.
"To ABRAHAM LINCOLN,
"Commander-in-Chief of the land and naval fores of the United States."
On July 3, 1863, Mr. Stephens proceeded down the James River under a flag of truce, and when near Newport News his further progress was arrested by the orders of the Admiral of the enemy's fleet. The object of his mission, with a request for permission to go to Washington, was made known to that officer, who, by telegraph, communicated with the Government at Washington. The reply of that Government was:
"The request is inadmissible. The customary agents and channels are adequate for all needful military communications and conference between the United States forces and the insurgents."
This was all the notice ever taken of our humane propositions. We were stigmatized as insurgents, and the door was shut in our faces. Does not this demonstrate an intent to subjugate our States?
From the correspondence of our exchange commissioner, Judge Ould, it appears that, from the date of the cartel on July 22, 1862, until the summer of 1863, we had an excess of prisoners. During the interval deliveries were made as fast as the enemy furnished transportation. Indeed, upon more than one occasion they were urged to send increased means of transportation. It was never alleged that we failed or neglected to make prompt deliveries of prisoners who were not held under charges when they had the excess. On the other hand, the cartel was openly and notoriously violated by the Washington authorities. Officers and men were kept in confinement, sometimes in irons or doomed to cells, without charge or trial. Many officers were kept in confinement even after the notices published by the enemy had declared them to be exchanged.
In the summer of 1863 the authorities at Washington insisted upon exchanges limited to such as were held in confinement on either side. This was resisted as in violation of the cartel. Such a construction not only kept in confinement the excess on either side, but ignored all paroles which were held by the Confederate Government. These were very many, being the paroles of officers and men who had been released on capture. The authorities at Washington at that time held few or no paroles. They had all, or nearly all, been surrendered. We gave prisoners as an equivalent for them. As long as we had the excess of prisoners, matters went on smoothly enough; but, as soon as the posture of affairs in that respect was changed, the cartel could no longer be observed. So long as the United States Government held the paroles of Confederate officers and men, they were respected and made the basis of exchange; but when equivalents were obtained for them, and no more were in hand, they would not recognize the paroles which were held by us. In consequence of the position thus assumed by the Government of the United States, the requirement of the cartel that all prisoners should be delivered within ten days was practically nullified. The deliveries which were afterward made were the results of special agreements.