PRISONERS, EXCHANGE OF. 



761 



ambulance and wagon drivers, laborers, ser- 

 vants, and in other capacities, had been cap- 

 tured by them and never accounted for, no 

 direct issue seemed to be raised, and it re- 

 mained for future events to develop one. The 

 cartel was in reality interrupted when the res- 

 olutions became the law of the Confederacy, 

 but its operation was not practically stopped 

 until several months afterward, and then for 

 reasons only partially connected with the posi- 

 tion taken by the rebel authorities on this point. 

 The cartel of July, 1862, had been so ar- 

 ranged that a correct return of prisoners could 

 be kept by both sides, in order that a balance 

 sheet might at any time be struck between 

 them. For this purpose City Point and Vicks- 

 burg were selected as points of exchange. But 

 under a liberal interpretation of the cartel it 

 became the practice for the commanders of 

 opposing armies to parole and exchange pris- 

 oners at will, without the formality of sending 

 them to the rear for transportation to the 

 points of exchange, or designating such pointsl 

 In consequence of this course it became im- 

 possible to determine with accuracy the bal- 

 ances between the contending parties ; and the 

 United States Government, for the purpose, 

 among other things, of making its generals 

 conform strictly to the regulations of the cartel 

 in the matter of paroles, issued, on May 22d, a 

 code of instructions compiled by Dr. Francis 

 Lieber, and known as general orders, No. 100, 

 in which it was provided that captures, to be 

 valid, "must be reduced to possession," and 

 that when the Government did not approve of 

 a parole, the officer or man paroled must return 

 to captivity. This was sent to Robert Ould, the 

 Confederate agent of exchange at City Point, 

 on May 22d, accompanied by a note from Col. 

 Ludlow, the Federal agent at Fortress Monroe, 

 in which he stated that, together with the car- 

 tel, it would govern the U. S. army. He added : 



I would invite your special attention to article seven 

 of the cartel, which provides that all prisoners of war 

 shall be sent to places of delivery therein specified. 

 The execution of this article will obviate much discus- 

 sion and difficulty growing out of the mode, time, and 

 place of giving paroles. No paroles or exchanges will 

 be considered binding except those under the stipula- 

 tions of said article, permitting commanders of two op- 

 posing armies to exchange or release or parole at 

 other points mutually agreed on by said commanders. 



The following order in relation to the same 

 subject expresses more fully the views of the 

 Government : 



WAK DEPARTMENT, ADJUTANT GENERAL'S OFFICE, J 

 WASHINGTON, July 3d, 1863. ) 



GENERAL ORDERS, No. 209. 1. The attention of all 

 persons in the military service of the United States is 

 called to article seven of the cartel agreed upon July 

 22d, 1862, and published in General Orders, No. 142, 

 Sept. 25th, 1862. According to the terms of this cartel 

 all captures must be reduced to actual possession, and 

 all prisoners of war must be delivered at the places 

 designated, there to be exchanged, or paroled until 

 exchange can be effected. The only Exception allowed 

 is the case of commanders of two opposing armies, who 

 were authorized to exchange prisoners, or to release 

 them on parole at other points mutually agreed upon 

 by said commanders. 



2. It is understood that captured officers and men 

 have been paroled and released in the field by others 

 than commanders of opposing armies, and that the 

 sick and wounded in hospitals have been so paroled 

 and released, in order to avoid guarding and removing 

 them, which, in many cases, would have been impos- 

 sible. Such paroles are in violation of general orders 

 and the stipulations of the cartel, and are null and 

 void. They are not regarded by the enemy, and will 

 not be respected in the armies of the United States. 

 Any officer or soldier who gives such parole will be 

 returned to duty without exchange, and moreover will 

 be punished for disobedience of orders. It is the duty 

 of the captor to guard his prisoners, and if through 

 necessity or choice he fails to do this, it is the duty of 

 the prisoner to return to the service of his government. 

 He cannot avoid this duty by giving an authorized 

 military parole. 



3. A military parole not to serve till exchanged must 

 not be confounded with a parole of honor, to do or not 

 to do a particular thing not inconsistent with the duty 

 of a soldier; thus a prisoner of war actually held by 

 the enemy may, in order to obtain exemption from a 

 close guard or confinement, pledge his parole of honor 

 that he will make no attempt to escape. Such pledges 

 are binding upon the individuals giving them, but 

 they should seldom be given or received, for it is the 

 duty of a prisoner to escape, if able to do so. Any 

 pledge or parole of honor extorted from a prisoner by 

 ill usage or cruelty is not binding. 



4. The obligations imposed by the general law and 

 usages of law upon the combatant inhabitants of a 

 section of country passed over by an invading army, 

 cease when the military occupation ceases, and any 

 pledge or parole given by sucn persons in regard to 

 future service, is null and of no effect. 



By order of the Secretary of War, 



E. D. TOWNSEND, Assistant Adj't-Gen. 



This order was also sent to Mr. Ould, with 

 the following remarks in explanation of the 

 course the United States Government would 

 pursue : 



It is understood that officers of the United States 

 and Confederate officers have, at various times and 

 places, paroled and released prisoners of war, not in 

 accordance with the cartel. 



The Government of the United States will not recog- 

 nize, and will not expect the Confederate authorities to 

 recognize, such unauthorized paroles. Prisoners re- 

 leased on parole not authorized by the cartel, after my 

 notice to you of the 22d of May, will not be regarded 

 as prisoners of war, and will not be exchanged. 



Where prisoners of war have been released without 

 the delivery specified in the cartel, since the 22d of 

 May last, such release will be regarded as uncondition- 

 al, and the prisoners released as subject to orders 

 without exchange, the same as if they had never been 

 captured. 



On July 3d, the very day of the promulga- 

 tion of general orders, No. 209, General Lee 

 received his final repulse at Gettysburg and 

 on the 4th he retreated toward the Potomac. 

 A number of prisoners taken by him during 

 the battles of the three previous days still re- 

 mained upon his hands, and being unable to 

 take these with him into Virginia he paroled 

 and released them on the spot. Gen. Meade 

 at once disavowed these paroles as having been 

 made in violation not only of order No. 209, but 

 also of a liberal interpretation of the cartel, 

 which required prisoners, when exchanged or 

 paroled at a distance from either of the points 

 of exchange, to be so exchanged or paroled at 

 a point mutually agreed upon by the command- 

 ers of the opposing armies. (See EXCHANGE OP 



