Replies

Since you appear to be in the business of reposting debates that have already occurred in place of your own work, Walt, let's take a look at the response.

From the ACW moderated newsgroup:

"You have left out a great deal of the Davis Proclamation. The Proclamation can be found at OR, Serial 118, page 795.

We note first that the Proclamation comes in response to the perceived "murder" of William B. Mumford and the refusal or inability of the USG to provide details or an explanation for the killing. The correspondence between the two sides is outlined. Then comes a crucial phrase, President Dvais declares "the said Benjamin F. Butler to be a felon deserving of capital punishment. I do order that he no longer be considered or treated as a public enemy of the CSA but as an outlaw and common enemy of mankind, and that in the event of his capture the officer in command do cause him to be immediately executed by hanging...."

Now, this is important because it explains why the Proclamation is being issued--to announce to the world that Ben Butler is a war criminal and not entitled to the protections afforded honorable combatants.

In summarizing the Proclamation, you have changed its sequence and, in doing so, its impact. So, the first thing that actually happened was a declaration of "outlawry" as applying to Butler. Note that came only after the USG had failed to respond. Such declarations of outlawry were often used and, as I noted on another thread not long ago, continued in NC until the last few years. I suspect we could find one from the Union side if we looked.

Now, turn to the end of the Proclamation. There we see Davis anouncing why this is being done. He says the CSA here is "not guided by the passion of revenge but that they reluctantly yield to the solemn duty of repressing by necessary sverity crimes o which their citizens are victims...." So, this whole Butler proclamation is actualy an act of reprisal. IOW, "Your man, Butler, violated the law of war by hanging Mumford. The USG appears unwilling to do anything about it, so we will."

The Proclamation does not say slaves will not be treated as POWs. It says they will be turned over to State authorities.

The Proclamation does not say no Union officers will be paroled until Butler is turned over. It says the officers under Butler will not be considered to be soldiers "engaged in honorable warfare," but instead will be held as "robbers and criminals deserving death...."

The Proclamation then explains that Union enlisted men will be treated as POWs and "sent home on the usual parole." There is no mention of exchange.

The Proclamation does provide that "like orders be executed in all cases of [of] commissioned officers when found serving in the company of armed slaves in insurrection."

None of this is in contravention of the Dix-Hill Cartel. Why? Because the Cartel addressed the exchange of "prisoners of war." This Proclamation says that until the USG provides more information, these people will not be considered as POWs. Since the Cartel did not define "Prisoner of war," there was nothing to prohibit each side from coming up with its own definition. And both sides followed this model, i.e., denying PW status to persons suspected of violating the law of war."