The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-06-21
NOT READY TO EXCHANGE.
BlancO Refuses to Give Up HObsOn-NO
Decision by Sagasta.


WASHINGTON, June 20.-The following
was received to-day from Commodore Wat
son, of the blockading feet off Havana
The captain general states the Spanish
government refuses to exchange prisoners
Hobson and his men are the prisoners in
question. Ne,t
The refusal of the Spanish government to
exchange Hobson causes a disagreeable feel
ing here. While there is no positive obliga-
ton on belligerent to exchange prisoner.
yet it is universal practice in civilized
warfare. The regulations of the War De-
partment lay down specifically how the
change of prisoners is to take place. Reg
ulation 100 of general orders for the govern
ing. of armies in the field says: THE ex-
change of prisoners of war is an act &C con-
venience to both belligerents. If no gen
eral cartel has been concluded it cannot be
demanded by either of them. A beligerent
is not obliged to exchange prisoners of war;
A cartel is voidable as soon as any party
has violated it,
In the present case there has been no
general cartel, this being the military term
by which the exchange of prisoners is regu-
larly and specifically carried out Pending
such general arrangement the belligerents
almost invariably carry out the exchange
in anticipation of a cartel. 1t lis probable
that cartel will follow at no distant day,
and the exchange thereafter proceed, num-
Der for number, rank for rank, wounded
for wounded, these being the general con-
ditions under the American regulation
AS to Hobson, the authorities here are
convinced that the Spanish officials are
taking advantage of the distinction ac-
corded him as prisoner of war as valued
IT. IL.
dishonor either to underestimate prisoners
rank in order to cause more advantageous
exchange to take a higher rank for the
purpose of obtaining better treatment. In
the case of Hobson his rank as assistant
constructor. which is equivalent to lieuten-
ant, junior grade, should be the sole basis
for his exchange. yet it is obvious to the
authorities here that the Spaniards hold
him not as lieutenant but as popular
idol of the United States. In this direction
his detention ceases to be that of prisoner
of war, and becomes one of hostage The
holding of hostages, usually for ransom or
other benefit, is a medieval custom seldom
or never resorted to in modern warfare. But
even as a hostage Hobson would be en-
titled to an exchange for prisoners of great
er rank or greater number. 1t is being re-
called that Admiral Cervera won praise the
world over by his gallantry by making the
first offer to exchange Hobson and his
SociateS, so that the present refusal to ex-
change him is the more unaccountable. 1t
is also recalled that when Colonel Cortejo,
confined at Mcpherson, Ga, was exchanged
lit was strictly on the basis of his rank,
without consideration of the incidental fact.
most important to General Blanco, that
Cortejo was d close relative of the former
captain general.
The naval officials attach no significance
to the half-masting of the flags over MORO
Castle after the recent bomba rdment as in
OicafinP HOhSOn a al m
persisted MORO is being spared to protect
Hobson, and. moreover. it is hardly sup
posed that the Spanish flag would be low
cred out of consideration of American
loss. If the usual practices of warfare were
followed Hobson and the Americans would
be removed to place of safety instead of
danger, for a prisoner of war is entitled,
under civilized usage, TO protection against
undue exposure or harsh treatment The
putting forward of prisoners as shields is
relic of barbarism. AS a rule the places
where prisoners are confined. where hos
pitfalls exist, and where works of art library
churches and charitable institutions are To-
Gated, are designated by a yellow flag and
commanders direct their fire so to pro-
tect these points as sacred. If Hobson is
kept at MORO either 10 insure protection
for that place or to expose him to danger
it is said to be a breach of the rules of civil
The statement that Captain General Blan
co had refused to exchange Hobson and his
fellow prisoners was modified later in the
day by Madrid advices quoting Sagasta as
saving no decision had been reached
Should Spain adopt the cruel and unusual
course of refusing an exchange, the regula-
tons of tho War Department are sufficient
TO meet the case. The following principle is
laid down in its regulations:
Retaliation will never be resorted to as "a
measure of revenge, but only as meas
ure of protective retribution. and more
over, cautiously and unavodably that is TO
say retaliation shall only be resorted 10 af-
ter careful inquiry into the real occurrence
and the character of the deeds that may de-
mand retributon. Unjust or inconsiderate
removes further
and further from the mitigating rules Of
regular war and by rapid strides leads them
to the internecine wars of savages." 1t was