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84 Southern Historical Society Papers.

provision to prevent any cessation in the work of exchanging promptly all prisoners captured during the war. And we now pro- pose to show that this would have been the case but for the bad faith and bad conduct of the representatives of the Federal Government.

As was contemplated by the cartel, each of the two Governments appointed its Commissioners of Exchange to carry it into execution. On the part of the Federals, Major General E. A. Hitchcock was appointed, with two assistants, Colonel Wm. H. Ludlow, and Cap- tain (afterward Brigadier-General) John E. Mulford, as assistants. On the part of the Confederates, the late Judge Robert Ould, of the Richmond (Va.) Bar, was the sole representative. The writer had the privilege of knowing both General Mulford and Judge Ould well, and, in his opinion, no better selections could have been made by their respective Governments. Judge Ould was a man of splen- did judicial bearing, singular honesty of purpose and kindness of heart, with capacity both in speaking and in writing, to represent his Government with unsurpassed ability. General Mulford was a man of fair abilities, and of great kindness of heart. Of General Hitchcock and Colonel Ludlow, he can only speak from what they disclose of their characteristics in their letters. General Hitchcock exhibits a profound distrust of what he terms the " rebel " authori- ties in all of his letters, and frequently displays a temper and impa- tience, seemingly, not warranted by the surrounding circumstances. Colonel Ludlow, at times, exhibits great fairness; at other times, manifest unfairness, but always displays shrewdness and ability.

There is abundant evidence in these records to show that the true reason why Mr. Lincoln did not reply to Mr. Davis' letter of July 6th, 1861, hereinbefore quoted, was that he and the other authorities at Washington did not intend from the beginning to conduct the war, in any of its features, according to the recognized principles of civilized warfare, although they had adopted the rules of Dr. Leiber apparently for this purpose, as the law to govern the conduct of their armies in the field. As conclusive evidence of this, it was shown in our last report that on the very day of the date of the cartel, the Federal Secretary of War, by order of Mr. Lincoln, ^issued an order to the military commanders in Virginia, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Texas and Ar- kansas, directing them to seize and use any property belonging to citizens of the Confederacy which might be ' ' necessary or convenient for their several commands," without making any provision for compensation therefor. About the same time, and, doubtless, by