Benjamnin F. Butler, Butler's Book: Autobiography and Personal Reminiscences of Major-General Benjamin Butler

In an attack on Fort Gilmer on the 29th of September about one hundred and fifty of the negro soldiers of the Army of the James were captured. On the 12th of October I was credibly informed that these prisoners of war had been set at work in the trenches under fire in front of our lines. I immediately notified Mr. Ould, the agent of exchange, of this outrage, and failing to get an answer at 12 o'clock on the 13th of October, I determined to try the virtue of retaliation for wrong, and issued an order which will explain itself:--

headquarters Department of Virginia and North Carolina, Army of the James. In the field, Oct. 13, 1864.
General Order No. 126.

It being testified to the commanding general by a number of refugees and deserters from the enemy, that from one hundred to one hundred and fifty soldiers of the United States, captured in arms by the Confederates on the lines near Chapin's Bluff, have been taken from Libby Prison and otherwheres, and placed to labor on the intrenchments of the enemy's lines in front of their troops, the commanding general on the 13th day of October notified the Confederate agent of exchange, Robert Ould, of the outrage being perpetrated upon his soldiers, and informed him that unless the practice was stopped, retaliation in kind would be adopted by the Government of the United States.

Being assured by General Ewell, commanding Confederate forces on the north side of the James, that an answer to this communication, if any, would be sent by 11 o'clock A. M., to-day and it being now past 12 (noon) and no answer having been received,

It is ordered: That an equal number of prisoners of war, preferably members of the Virginia reserves, by and under whose charge this outrage is being carried on, be set to work in the excavation at Dutch Gap, and elsewhere along the trenches, as may hereafter seem best, in retaliation for this unjust treatment of the soldiers of the United States so kept at labor and service by the Confederate authorities.

It being also testified to by the same witnesses, that the rations served to the soldiers of the United States so at labor is one pound of flour and one third of a pound of bacon daily, it is ordered that the same ration precisely be served to these Confederate prisoners so kept at work, daily, and no other or different.

It being further testified to, that the time of labor of the soldiers of the United States so at work under the Confederates is ten hours each day,