It should be noted that most if not all captured Confederates were offered the opportunity to sign the Oath of Allegiance. Notice that none of them did except the fourth man listed, Daniel Herring. And even he didn't agree to sign it until more than two months Lee's surrender!)
"When Fort Fisher fell to the Union troops in January, 1865, the following blacks are recorded as being among the captured Confederates:
Charles Dempsey, Private, Company F, 36th NC Regiment (2nd NC Artillery), Negro. Captured at Fort Fisher January 15, 1865 and confined at Point Lookout, MD, until paroled and exchanged at Coxes Landing, James River, VA, February 14-15, 1865.
Henry Dempsey, Private, Company F, 36th NC Regiment (2nd NC Artillery), Negro. Captured at Fort Fisher January 15, 1865 and confined at Point Lookout, MD, until paroled and exchanged at Coxes Landing, James River, VA, February 14-15, 1865.
J. Doyle, Private, Company E, 40th NC Regiment (3rd NC Artillery), Negro. Captured at Fort Fisher January 15, 1865 and confined at Point Lookout, MD, until paroled and exchanged at Boulware's Wharf, James River, VA, March 16, 1865.
Daniel Herring, Cook, Company F, 36th NC Regiment (2nd NC Artillery), Negro. Captured at Fort Fisher January 15, 1865 and confined at Point Lookout, MD, until released after taking Oath of Allegiance June 19, 1865 (he was held prisoner for two months AFTER the official surrender)." ~ North Carolina Troops, Volume I: