Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1862-01-09
Gle Obio. 6tatesma,n1t i
+ Z q N o
Exchange of Prisoners,

An elaborate and valuable report has beer
made 70 the Massachusetts Historical Society
by committee consisting OF Jared Spatks
Edward Everett, George 7. Curtis and otbeI
gentlemen, on the extent to which exchange Of
prisoners were made in the revolutionary war
nnd the estimate then put on the effect of such
exchanges on the rights Of sovereignty. The
inquiry has peculiar interest at the present
Time IN view OF the fact that the only serious
objection hitherto made to irregular exchange
OF prisoners has been the supposed coucess, ION
II involved Of belligerent rights to rebels, and
corresponding prejudice to sovereign rights,
The committee show that exchanging prison.
ers began at the very earliest period of che war
Prisoners taken on both sides at the battle OF
Lexington were exchanged. For the first year
or tWo, however, the practice was very informal
aId irregular; so much 30 that at the end OF
lHo the British had nearly Eve thousand pris-
oners In their hands, while the Americans had
three thousand. A formal agreement was at
length entered into between General Washing
ton and General Howe providing for general
e1cnange OF continental officers for those of
equal rank, soldier for soldier, sailor for sailor.
and citizen for Citizen" The British comman-
der at all times evinced the stronaes. desire TO
apply the rules of war to the relations of the
two armies with each other, although one of
those armi swas composed oil rebels in the eve of
British law and in his own opinion. This spirit
ruled even exceptional and doubtful cases. =.
Ethan Allen, captured In IT'S carried to England
as traitor, confined In Pendennis castle, was
exchanged for lieutenant colonel in l77S. Ma
Jor-General Charles Lee, who had held COM
mission in the British army before entering the
American, was taken prisoner by the British in
l1b, and, instead of being tried by court-mar-
tlai ior desertioD, was exchanged in l776 for
General Prescott. But all this was done By in
dlvidual arrangements between the two COM
manders. No agreement was made by the
Kings government, though the Continental
congress was desirOus TO effect one. General
Howe declined to negotiate on national ground
as "it might imply an acknow wedgment incon-
sistent with the cliims Of the English govern
ment." In l779 the British command deyolyed
upon new general-Sir Henry Clntun-and
Washington early proposed to him to arrange
general cartel, contormably to the rules OF
war, which should bind the tEo bellgerents.-
Sir Henry declined any such agreement. but
continued to exchange, as his predecessor had
done, on personsk responsibility. The matter
so remained until the close Of the war. Tnou-
sands OF prisoners were thus exchanged, though
tue British, exercising their discretion, withheld
many. In 1889 the number OF American pris-
oners confined In England was not far from
eleven hundred, all of whom had been commit
ted Tor treason In April of that year, tbroueh b
DR.. franklin, an act OF Parliament was passed
empowtring the King, Notwithstanding their
commitment for treason, to consider them as
prisoners Of war and exchange them as such.
There were some exchanges even with the COM
manders of privateers, though Parliament had
passed an act making rebel privatetriug piracy
Ihe committee cose their extended exposition
with che following practical conclusion:
our committee are not aware that any
American taken during the war of the Reyolu-
ton was actually put upon trial for treason or
piracy. Probably, had the struggle terminated
differently, some trials and executions for both
snose onenses would have taken place; for it is
an undouoted maxim Of all governments, that
'he sovereign who succeeds in suppressing a re-
volt may reserve for punishment those whom be
sees Mt 10 punish, although, in the course OF the
struggle, he may have made any number of
military exchanges for reasons of Temporary
policy. Such exchanges are made in his own
interest and for his own convenience, and in.
volve OF themselves no concessions to the polit-
ical pretensions Of his enemies. They are
made from pure principle OF justice to his
faithful subjects who expose their lives and lib
critics in his service, and for the reinforcement
OF his own military strength. If sovereign
couio not make them, when carrying on war
70 preserve the integrity of his dominons against
domestic enemies, it would follow that he must
wage such war without one of the most i'm
porsapt OF the means which belong to him in
all other wars; and it would be just as reason
able to suppose that they involve an admission
oil the political claims Of the enemy in foreign
war, as 1t is to make that supposition when the
war is between two parts of the same nation
certainly, great care should be taken, in max
ing such exchanges, to exclude all political ad-
missious; and your committee are satisfied that
the precedents of the American Revolution am
ply show that this can be done. Those pre-
cedents show that, where the exchanges are
made by direct negotiation and corrtspon
dence between the commanding generals.
no political admission can be implied. Where
1t is necessary to appoint commissioners for
general or limited exchange, to continue for q
greater or lesser period, the powers exchanged
may be so framed as TO exclude any such ad-
mission; and, II the enemy insists on not treat
ing with such an exclusion from the powers,
the parties can fall back upon the first-mention
ed mode OF exchanging man for man by the
direct correspondence Of the generals in com.
mand." a
This investigation, thus prosecuted by this
peculiarly competent committee, demonstrates
that there is no inherent difficulty In our realiz
ing all the practical benefits of a constant ex-
change of prisoners according to the rules of
war, without, in any degree, impairing our SOW
ereign rights over the rebels. No power was
ever more tenacious Of such rights than Great
Britain. If she could allow her generals to
treat with colonial rebels on equal terms for
exchanging prisoners, most assuredly can we,
when the rebels are not colonists but fellow. cii
zens whom we hope to bring back to the same
constitutional equality and fidelity with our
selves-and where the prisoners to be exchanged
are not hireliDg mercensries, but high-souIed
ireemen who voluntarily few to the defense of
their imperiled country.