714 



PKISONERS, EXCHANGE OF. 



soldiers, until exchanged under the provisions of this 

 cartel. The exchange is not to be considered complete 

 until the officer or soldier exchanged for has been actu- 

 ally restored to the lines to which he belongs. 



ART. 5. Each party, upon the discharge of prisoners 

 of the other party, is authorized to discharge an equal 

 number of their own officers or men from parole, fur- 

 nishing at the same time to the other party a list of 

 their prisoners discharged and of their own officers 

 and men relieved from parole, enabling each party to 

 relieve from parole such of their own officers and men 

 as the party may choose. The lists thus mutually fur- 

 nished will keep both parties advised of the true con- 

 dition of the exchanges of prisoners. 



ART. 6. The stipulations and provisions above men- 

 tioned to be of binding obligation during the con- 

 tinuance of the war, it matters not which party may 

 have the surplus of prisoners, the great principle in- 

 volved being : 



1. An equitable exchange of prisoners, man for 

 man, officer for officer, or officers of higher grade ex- 

 changed for officers of lower grade or for privates, ac- 

 cording to the scale of equivalents. 



2. That privates and officers and men of different 

 services may be exchanged according to the same rule 

 of equivalents. 



3. That all prisoners, of whatsoever arm of service 

 are to be exchanged or paroled in ten days from the 

 time of their capture, if it be practicable to transfer 

 them to their own lines in that time ; if not, as soon 

 thereafter as practicable. 



4. That no officer, soldier, or employe in the service 

 of either party is to be considered as exchanged and 

 absolved from his parole until his equivalent has actu- 

 ally reached the line of his friends. 



5. That the parole forbids the performance of field, 

 garrison, police, or guard or constabulary duty. 



JOHN A. DIX, Major-General. 

 D. H. HILL, Major-General, C. S. Army. 



Supplementary Articles. 



_ ART. 7. All prisoners of Avar now held on either 

 side, and all prisoners hereafter taken, shall be sent 

 with all reasonable despatch to A. H. Aikens, below 

 Dutch Gap, on the James river, in Virginia, or to 

 Vicksburg, on the Mississippi river, in the State of 

 Mississippi, and there exchanged, or paroled until such 

 exchange can be effected, notice being previously given 

 by each party of the number of prisoners it will send, 

 and the time when they will be delivered at those 

 points respectively; and in case the vicissitudes of war 

 shall change the military relations of the places desig- 

 nated in this article to the contending parties, so as to 

 render the same inconvenient for the delivery and ex- 

 change of prisoners, other places, bearing as nearly as 

 may be the present local relations of said places to the 

 lines of said parties, shall be, by mutual agreement, 

 substituted. But nothing in this article contained 

 shall prevent the commanders of two opposing armies 

 from exchanging prisoners or releasing them on parole 

 at other points mutually agreed on by said commanders. 

 ART. 8. For the purpose of carrying into effect the 

 foregoing articles of agreement, each party will appoint 

 two agents, to be called Agents for the'Exchange of 

 Prisoners of War, whose duty it shall be to communi- 

 cate with each other by correspondence and otherwise, 

 to prepare the list of prisoners, to attend to the deliv- 

 ery of the prisoners at the places agreed on, and to carry 

 out promptly, effectually, and in good faith, all" the 

 details and provisions of the said articles of agreement. 

 ART. 9. And in case any misunderstanding shall 

 arise in regard to any clause or stipulation in the fore- 

 going articles, it is mutually agreed that such misun- 

 derstanding shall not interrupt the release of prisoners 

 on parole, as herein provided, but shall be made the 

 subject of friendly explanations, in order that the ob- 

 ject of this agreement may neither be defeated nor 

 postponed. JOHN A. DIX, Major-General. 



D. H. HILL, Major-General C. S. A. ' 



terized this agreement, the adjutant-general 

 of the United States a few days afterward 

 issued an order that chaplains should not be 

 held as prisoners of war, and directing the im- 

 mediate and unconditional release of all chap- 

 lains so held. 



In accordance with the terms of the cartel, an 

 exchange of prisoners commenced forthwith 

 and by the middle of August most of the officers 

 of rank on either side, who had been for any 

 lengthened period in captivity, were released. 

 So far as the case of prisoners of this class 

 was concerned, matters worked harmoniously 

 enough ; but new complications, the result of 

 circumstances happening subsequent to the 

 cartel, soon occurred, which gave rise to an 

 acrimonious correspondence between the bellig- 

 erent parties, and a series of retaliatory orders 

 from the Confederate authorities. 



Previous to the adoption of the cartel of 

 July 22, however, the Confederate general, R. 

 E. Lee, had written to the authorities at Wash- 

 ington, under date of July 6, requesting infor- 

 mation respecting the alleged execution by the 

 national authorities of John Owens and Wil- 

 liam B. Mumford, citizens of the seceded States, 

 and on certain other points, indicated in the 

 following reply of Gen. Halleck, the general- 

 in-chief of the United States army : 



HEADQUAETERS OF THE ABMY, WASHINGTON, 

 Aug. 7, 1862. f 

 G(n. E. E. Lee, Commanding, &c. : 



GENERAL : Your letter of July 6 was received at 

 the Adjutant-General's office on the 14th, but sup- 

 posing from the endorsement that it required no fur- 

 ther reply, it was filed without being shown to the 

 President or Secretary of War. I learned to day, for 

 the first time, that such letter had been received, and 

 hasten to reply. 



No authentic information has been received in rela- 

 tion to the execution of either John Owens or- 



Acting in the humane spirit which charac- 



Mumford, but measures will be immediately taken to 

 ascertain the facts of these alleged executions, of which 

 you will be duly informed. 



I need hardly assure you, general, that, so far as the 

 United States authorities are concerned, this contest 

 will be carried on in strict accordance with the laws 

 and usages of modern warfare, and that all excesses 

 will be duly punished. 



In regard to the burning of bridges, &c., within 

 our lines by persons in disguise as peaceful citizens, I 

 refer you to mv letter of the 22d of January last to 

 Gen. Price.* f think you will find the views there ex- 

 pressed as most materially differing from those stated 

 in your letter. 



In regard to retaliation, by taking the lives of inno- 

 cent persons', I know of no modern authority which 

 justifies it except in the extreme case of a war with 

 any uncivilized foe, which has himself first established 

 such a barbarous rule. The United States will never 

 countenance such a proceeding unless forced to do so 

 by the barbarous conduct of an enemy who first ap- 

 plies such a rule to our own citizens. 



Very respectfully, your obedient servant, 



H. W. HALLECK, 

 General-in-Chief of U. S. Army. 



* In this letter Gen. Halleck, then commanding the de- 

 partment of Missouri, reiterated his intention to subject 

 persons, other than soldiers, accused of burning or destroy- 

 in;; railroads, bridses. and similar property, to trial by court- 

 martial, notwithstanding such persons had been authorized 

 and instructed by Gen. Price to commit such acts. Armed 

 men, in the garb of soldiers, destroying bridges as a military 

 act, would, if captured, be treated as'ordinary prisoners of war. 



