Martyria; or, Andersonville PrisonHamlin, Augustus C. (Augustus Choate)
History
Martyria; or, Andersonville Prison
Hamlin, Augustus C. (Augustus Choate)
Andersonville Prison; United States -- History -- Civil War, 1861-1865 -- Prisoners and prisons
I take it no one would doubt the right of the United States to a drove
of Confederate mules or a herd of Confederate cattle which should
wander or rush across the Confederate lines into the lines of the
United States army. So it seems to me, treating the negro as property
merely, if that piece of property passes the Confederate lines, and
comes into the lines of the United States, that property is as much
lost to its owner in the Confederate States as would be the mule or
ox, the property of the resident of the Confederate States, which
should fall into our hands.
If, therefore, the privilege of international law and the laws of war
used in this discussion are correctly stated, then it would seem that
the deduction logically flows therefrom in natural sequence, that the
Confederate States can have no claim upon the negro soldiers captured
by them from the armies of the United States because of the former
ownership of them by their citizens or subjects, and only claim such
as result, under the laws of war, from their captor merely.
Do the Confederate authorities claim the right to reduce to a state of
slavery free men, prisoners of war captured by them? This claim our
fathers fought against under Bainbridge and Decatur, when set up by
the Barbary Powers on the northern shore of Africa, about the year
1800,--and in 1864 their children will hardly yield it upon their own
soil.
This point I will not pursue further, because I understand you to
repudiate the idea that you will reduce free men to slaves because of
capture in war, and that you base the claim of the Confederate
authorities to re-enslave our negro soldiers, when captured by you,
upon the _jus postliminii_, or that principle of the law of nations
which inhabilitates the former owner with his property taken by an
enemy when such property is recovered by the forces of his own
country. Or, in other words, you claim that, by the laws of nations
and of war, when property of the subjects of one belligerent power,
captured by the forces of the other belligerent, is recaptured by the
armies of the former owner, then such property is to be restored to
its prior possessor, as if it had never been captured; and, therefore,
under this principle, your authorities propose to restore to their
masters the slaves which heretofore belonged to them which you may
capture from us.
Public-domain text, read in full here on John Shaqi.
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