War of the Rebellion: Serial 118 Page 0671 CORRESPONDENCE, ETC. -UNION.

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of the U. S. forces in the field in the matter of paroles. These together with the stipulations of the cartel will govern our Army. By the cartel all prisoners of war are to be delivered at certain named places, there to be exchanged or paroled, and paroles exacted or accepted by the enemy from our troops in violation of this stipulation except in the case provided for by the cartel are null and void and troops so paroled will be ordered to duty as if no parole had been given.

Officers or soldier who give paroles in violation of General Orders, No. 49, commit an offense for which they are liable to punishment by a court-martial, but the enemy have nevertheless no right to claim that the parole is binding. You will perceive from the inclosed order* of General Schenck how the cartel is interpreted.

Orders will be immediately issued to our commanders to permit no paroles to be taken from the enemy except as provided for by the cartel and all paroles now in force not so taken will be declared of no effect.

Very respectfully, your obedient servant,


Colonel Third Infantry, Commissary-General of Prisoners.

P. S. -Paroles given before the publication to the Army of General Orders, No. 49, though deliveries were not made as required by the cartel, will under the rule prevailing at that time be held as valid. The last paragraph of the above letter must be so understood.

W. H.



Washington, April 24, 1863.

The following instructions for the government of armies of the United States in the field, prepared by Francis Lieber, L. D., and revised by a board of officers of which Major General E. A. Hitchcock is president, having been approved by the President of the United States, he commands that they be published for the information of all concerned.

By order of the Secretary of War:


Assistant Adjutant-General.

Instructions for the government of armies of the United States in the field.


Martial law-Military jurisdiction-Military necessity-Retaliation.

1. A place, district or country occupied by an enemy stands in consequence of the occupation under the martial law of the invading or occupying army whether any proclamation declaring martial law or any public warning to the inhabitants has been issued or not. Martial law is the immediate and direct effect and consequence of occupation or conquest. The presence of a hostile army proclaims its martial law.

* * * * * *

12. Whenever feasible martial law is carried out in cases of individual offenders by military courts; but sentences of death shall be executed only with the approval of the Chief Executive provided the urgency of the case does not require a speedier execution and then only with the approval of the chief commander.


*Not found.