Just to muddy the waters a bit, Black Confederate Soldiers were captured and imprisoned at Ft. Delaware after the Battle of Gettysburg. In fact, they were held for the remainder of the War while most of the white Rebels were exchanged or paroled until the practice was stopped by Grant in '64. Source: Prisoner Records of Ft. Delaware. No, I am not going to state that this is positive proof of Black Confederates or that it was general practice. One must keep in mind the pro- Confederate argument of "States Rights" for one does find that the States carved out of the Louisianna Purchase were much more liberal towards Free Blacks joining the State's Millitia and the laws of a State could overide the National Edicts of the Provisional Conf. Government