The New York herald., 1863-10-21

1868 shoad be placed duty without exchange or be
required 10 return 70 the enemy prisoners Of war
,Sas the 'Ss was e eo 70 pace those
/ officers on duty without exchange The reason
gwen oy sse court was not that tho federal ssen.
| aId mysen had agreed to regard such paro.es as
invalid but that had been notified they would not DO
recognized Il ls true that was Informed that certain
paroles would not be considered valid. but was also
noaed at the same tine by tho hand and through
The same instrument that the s'paroled officer must re-
turn INTO captivity h's parole was not approved Ia
other words. Oh that day (May 2 1867 Lie tenant Col
Ludlow, with iitle or Comment delivered TO me Con
cra No 100 as the rules adopted for government oil
the federal army. never had any ntimaton that al the
provisions OF General Order No 100 did continue in
force, until received on the sth OF July 1858, the FOL
| lowing letter from Lieutenant Colonel Ludlow
Hon RonrRr OuLp. Agent for Exchange of Prisoners~
No 7 which conia rs some additional % PROVISIONS 70 those
OF tic
and released PRISONERS OF not accordance with the
The goysrnmen. Of the United States will recognize
sa!aoriled By ths cartel after my notice 70 you ths
22d OF May viii not be regarded as prisoners OF war; and
ss The
% bs
respectfully your o'ediens 'ervaR WIN LUDLOW
Lieut. Colonel and Agent for Exchange Of Prisoners
The "notice' referred TO in Lieutenant Colonel Lud
lows letter was the delivery Of General Order No 100,
with ts 13lst paragraph. That paragraph aside
by the provisions General order No 2O7 which bears
question OF the paroles Of Duane Mchor the court
OF inquiry two days after its finding and several days
7h OF July 1868 Lieutenant Colonel Ludlow substantially
informs me that although be notified the 22d OF
be and continue force yet under the
OF the caso and ia view OF what had place In Mary
iana ana psnnsyyania said paragraph was not 70 DC
May, and General Order No. 207 although il issued
July s. 1s63 should be construed bearing date the 22d
1t will be observed that Lieutenant Colonel Ludlow
bis letter to me Of the 7h of July nowhere says had
date as his letter to Colonel Kelton 1t apparent the
face Of the paper that he is conveying 70 me certain in
formation for tho first time, and that this Information Ia
the additional provisions OF General Order No. POT
Of which set aside paragraph 13l OF General Orders No.
Macy Official Gaaseae July IA, 1881 says was not
fed, &C. Lieutenant Colonel Ludlow, in his letter
Mr. oud and myself &C. You in your letter OF tho oath
OF september, say made an agreement with your prede
and is then elevated into agreement What further
promotion 1t will receive remains to be seen.
You have ch.FSed a deliberate breach Of good faith
upon tho part Of the Confederate States Let bring
TO your attention incident connected with this matter
ofrecasc from paroles On March 1868 General schenck
OF immortal memory, issued General Order No Is, re
qurng all officers and men who had been captured and
paroled In his deparment and particularly in the She
nandoah valley but who had not been exchanged, to
turn TO duty penalty Of being considered deserters
Your General Order No 40 n force that tmc-Febru-
ary 2S lS63n section eight provided that If the en-
gagement which prisoner made was not approved by
his government he bound return and surrender
himself as a prisoner Of The General
Order-No 49--in the same section oght. uses these
memorable words which now set up against your pre-
ment cannot at the same time dsowp his and
refuse his return as prisoner In spite OF those honest
words General scnenck issued bis Order, which 70 TINS
only that such as wore captured and paroed after March
1868 should return to duty but also all VINO had been
since tho beginning OF hostics, on ponalty Of being
considered deserters. AT that very time and after.
taSn nnupo ~otA thn fOv
agent Of exchange charging against me
and receiving credit for captures and paroles
ds1 t. dus no's 70 sox
should that when the matter brought TO his at
proper authority, and that would have credit for such
as reported for duty under the order Still the order was
lowed and sustained BY General order No 2o7 have re-
ceved no returns of such as have reported under
Schencks order, and never will.
In your letor OF oath OF September and others you re
fer in connection with our Gettysburg captures TO "pa
roles in accordance with the cartel" Tho phrase g
ures not only in your correspondence but in the findings
Of your courts, and in some Of your general orders
Let me here in the mos. formal manner, assure
you tnat the Confederate government considers
the cartel TO be binding and imperative to the
fullest extent Of any and all OF it's provisions.
sstent with that instrument You say the Gettysburg
paroles in contraventon OF the cartel Let me give
you Of them-a nearly oil Of them belong
or tho other class
the % q Sapsrsd s 3 near Gsys
g. = Sa ss s
ihs !h. parole rscoaai.s deder.
Va. prisoner Of war within sSISSS Ssss
First Lieut.. and Aau.n ,sss lSSF yAssoSs Is.
as % & % % sr
$ e s s. :: a an s: ss
oa o 4. ss " Sau sad g s1S
'SSs ps q hs n s10E
We. undersigned. Of The company regiment oppc
:s our se e As q not Until IRE
larry exchanged in acoordsnoe with the carts
The following named prisoner: captured near octtys
AXE up arms against he ccnfedesie States or
e oS 90 ss S as @ $ 20 give s
e A. % % Ss ae. NO.
all % %ss s o% Il
Does the cartel contemplate that these officers men
should be returned to duty without exchange II no
where says upon its face Whom without any
respected The very first act OF the agents Of
change was to adjust mutual accounts 70 the officers
and men who bad been captured and paroled before the
cartel signed It had been intended by the cartel
TO rcpudiate such paroles as were given at Gettys
burg upon any battle field, provision 10 that effect in
distinct terms would have been Incorporated In H. That
instrument was intended TO apply 10 cal prisoners Of war
or prisons 10 such es had been removed from the battle
field or place Of capture and reduced into actual pos
sessoa II left the force and effect Of military paroles and
the respect which should be paid ~ them TO be deter
mined by the usnges Of civilized nations Of times
1t certainly did not purpose 10 prevent wounded officer
from entering into a stipulation 10 takc up
until exchanged, as the condition OF his re.
lease when his lifo would be at the serious risk Of
forfeit n he did make the contract Nor does II any
where deny the right OF soldier wounded not to
bind his government by his military Obligation when he
Is the hands OF tho enemy. The latter part OF article
does not really controvert this view That clause
intended TO give "the commanders OF two opposing
armies the OF decla exchange OF prisoners
with the further right OF paroling whatever surplus
there might be after the exchange arranged With
out such clause, the two commanders would have no
vubt IN WA ina rfad
Until recently nobody pretended that the cartel
forbid tho giving and receiving OF ordinary military
paroles The uniform practice under the cartel nearly
a year sanctioned them. Whatever, however may be
the determination as TO this matter I, rs entraly clear
that at the me tho Gettysburg rarocs givcn your
military law required that II the parolc xas not ap
proved the party should return lines Many Of the
paroles ind cate on thor face that the persons giving
them OF that fact. have therefore demand
ed that you reject those paroles the parties who gave
them should be returned TO The question bet US
b not much whether you will regard these paroles a.
valid, a. whether you will comply with a rule OF your
making, andwhich advertised 10 s as being the
tlkRvl vlaa .f lhn