The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-12-08

from sire to son and is based entirely on
hereditary transmission, regardless OF
the facts of contemporaneuus history, IS
the reason for the article which is to fol-
low. The great majority do not love to
have the dreams OF their lives dispelIed,
even BY tho light of truth; they are ready,
3 like the Jews of old, to cry out, "Crucify
him cruelty him - and take the chances
of believing a lie.
In this article I do not intend to dis
cuss the treatment OF "priso1ers' during
the civil war, except so far as 1t may be
necessary to establish the responsibility
for the thousands of deaths which occur
red in our prisons.
The question before us is, Who was re
sponsibIe for most of the deaths OF pris-
oneIs during the war?
This is a specific question, and can only
be anwered by the fact and official action
OF both confederate and federal govern
ments at that time. In this paper pro-
pose to confine myself to the authorize
tive acts OF each government. Including
suoh acts of officials as have bee indors
ed and sanctioned by their governments.
The south made no preparation Tor
keeping prisoners. Her idea was to. as
far as possible, after every battle e1.
change the capturei, man for man ana
officers or officer, thus avoiding the ne
Uossity of prisOn-life with all its attend
ant horrors. The United States govern
msnt, believing the war would be over in
ninety days, and knowing, form the pop
ulation, it could put three or more men
in the field to each one OF the confed-
crates, expected. by holding every pris-
oner to the end of the war, to close the
war by having captured the entire con-
feuerate army. With this idea dominat-
ing the federal government, the question
of exchange OF "prisoners" was one
hardly thought of. This theory was
based on the suppositIon, afterwards
verified by facts, that with an enlistment
of union soldiers of PTS, 304. that after
capturing the confederate army there
would still he United States army OF
2,163, 304 soldiers, without leaving a
single confederate in arms. This was
fine theory, If these 600, O0O confederat
had made ur their minds to be captured,
but their protests against this idea at
first ana second Manassas, around Rich
mond, Fredericksburg, the WILDERNESS,
Gettysburg, Shiloh and Chiokamauga,
proved that they did not accept the idea
OF closing ths war by the capture or sur
render of the confederate army. From
the inception OF the war, the south
thought it better to fight her enemies
than to feed them, and she began parol-
ing union prisoners. before any cartel for
their exchange was agreed upon by the
respective governments. a proposition
to exchange prisoners was first made by
signed by the two governments, the
south held a large excess of prisoners
over the north Now, what were the
terms of this csrtelp 1t was dated July
%, 1852, and It's terms were to exchange
''officer for officer of same rank, and man
l. 4
men then left In prison on either side, till
they should be regularly exchanged"
The south holding at that time a large
preponderance of northern prisoners, she
was the loser by such agreement; but she
liberated her excess Of northern prisoners
and sent them homo. BY this means the
prisons were empty, but, governed Oy her
she stood by the cartel.
Exchanges went on with some degree
of regularity till July 8, 1868, when it
was known that on the next day the en-
tire Confederate army at Vicksburg
would become prisoners, and thus give
the north an excess OF prisoners, when
the following order was issued:
War Department., A1jutant Generals
Office, July 3, 1868.
ut is understood that captured officers
and men have been paroied and released
on the field by others than commanders
~ OpPoolAS al hI1oS, dh0 thde VIC SlGk
and wounded in hospitals have been so
pa,oled and released. in order to avoid
guarding and removing them, which in
many cases would have been impossible.
Such paroles are IN violation of general
orders and the stipulations Of the cartel
and are null and void. They are not re-
garded by the enemy and will not be re-
spected by the United States. Any Off
Ger or soldier who gives such parole
will be returned to duty without ex-
change. and, moreover. will be punished
+ disobedience of orders.
L. d. TOWNSEND. A. A. 6. "
In regard to the above order from the
Federal war department deny that the
Confederate authorities ever failed to
recognize the VALIDITY of paroles given by
thir sick and wounded when captured in
Confederate hospitals by the Fedora.
army. demand the proof on this point
ii such thing occurred during the war
it is an easy matter to state time and
place. Here is an order from the war
department. while a cartel for the ex-
change OF prisoners, mutually beneficial
to both sides, was still in existence,
which says that 'pfiEoners who have
been paroled by otner than the comman-
der OF an army" and that the "siok and
wounded in hospitals who have been
paroled because. perchance, their oaptors
could not remove them, shall be disre-
gardcd, and that the poor wounded SOL
der who had done his est for his country
and the officer who led him, who accepts
such parole, shall be returned 20 duty
without exchange, and, moreover, will
be punished for oisobsdience.
If the mere fact of surrender is a stain
on soldiers honor, then the bravest men
who ever walked the sulphuIous edge of
battle in all the armies OF the world, bear
with them the faint of dishonor.
International law, as laid down by
Vattel and other reCOpniZaa nuhliciats
have said that the soldiers captured in
battle and beyond the control uf their
government and beyond any relief from
their government lad the right of self
preservation, and hence the right to give
parole, not to fight against their cap
tors till they we're regularly exchanged.
The laws of civilized warfare recognized
tho right of the captors to send sick and
wounded prisoners to the rear, even if
al the cost OF much suffering.
1t has been left for the United States
81 America, claiming not only to DO
evil nation, but more, Christian ma
tion, to absolYe honorable soldiers cap
tured on the field, from their paroles
given to an enemy recognized as bellig-
erents by the usages OF war, when this
parole kept them from the horrors and
suffering OF prison life. This was not all.
These officers and soldiers, though they
may have been captured, when charging
the guns o. the enemy and then paroled,
their paroles were revoked as invalid
ard they were to be punished for DISC
bedience of orders.''
Preposterous the idea of a brave SOL
dier, who had perhaps fought fifty bat
ties, with the Stars and Stripes in his