War of the Rebellion: Serial 118 Page 0679 CORRESPONDENCE, ETC. -UNION.

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107. A prisoner of war is in honor bound truly to state to the captor his rank, and he is not to assume a lower rank than belongs to him in order to cause a more advantageous exchange nor a higher rank for the purpose of obtaining better treatment. Offenses to the country have been justly punished by the commanders of released prisoner and may be good cause of refusing to release such prisoners.

108. The surplus number of prisoners of war remaining after an exchanged has taken place is sometimes released either for the payment of a stipulated sum of money or in urgent cases of provision, clothing or other necessaries. Such arrangement, however, requires the sanction of the highest authority.

109. The exchange of prisoner of war is an act of convenience to both belligerents. If no general cartel has been concluded it cannot be demanded by either of them. No belligerent is obliged to exchange prisoner of war. A cartel is voidable so soon as either party has violated it.

110. No exchange of prisoner shall be made except after complete capture and after an accurate account of them and a list of the captured officers has been taken.

111. The bearer of a flag of truce cannot insist upon being admitted. He must always be admitted with great caution. Unnecessary frequency is carefully to be avoided.

112. If the bearer of flag of truce offer himself during an engagement he can admitted as a very rare exception only. It is no breach of good faith to retain such a flag of truce if admitted during the engagement. Firing is not required to cease on the appearance of a flag of truce in battle.

113. If the bearer of a flag of truce presenting himself during an engagement is killed or wounded it furnishes no ground of complaint whatever.

114. If it be discovered and fairly proved that a flag of truce has been abused for surreptitiously obtaining military knowledge the bearer of the flag thus abusing his sacred character is deemed a spy. So sacred is the character of flag of truce and so necessary is its sacredness that while its abuse is an especially heinous offense great caution is requisite on the other hand in convicting the bearer of a flag of truce as a spy.

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SECTION VII.

The parole.

119. Prisoners of war may be released from captivity by exchange and under certain circumstances also by parole.

120. The term parole designates the pledge of individual good faith and honor to do or to omit doing certain acts after he who gives his parole shall have dismissed wholly or partially from the power of the captor.

121. The pledge of the parole is always an individual but not a private act.

122. The parole applies chiefly to prisoners of war whom the captor allows to return to their country or to live in greater freedom within the captor's country or territory on conditions stated in the parole.

123. Release of prisoners of war by exchange is the general rule; release by parole is the exception.