The National tribune., 1902-10-16

or the Capital of any one of the United
States north of Mason and DiXon's line,
where the Stars and Stripes were re-
spected and honored; but there were two
circumstances that conspired about that
time to make this visit to the Confederate
Capital necessity.
In the Spring of 1868, near the middle
of the month of May, or about week al
b ter the Charlottesville campaign, the FOL
lowing orders were published in every regl-
ment of the Army of the Potomac; viz:
War Department, Adjutant Generals
Office, -
=. Washington, Feb. %, 1853.
General Orders No. 49.
/. The following rules in regard to
paroles, established by the common law
and usages of war, are published for the
information of all concerned:
1. Paroling must always take place by
the exchange of signed duplicates OF
written document, in which the name and
rank of the parties paroled are correctly
stated. Any one who Intentionally .mls-
states his rank forfeitS the beneht OF his
parole and is liable to punishment.
g None but commissioned officers can
give the parole for themselves or their
commands, and no inferior officer can give
q parole without the authority of his SUI
perior, if within reach.
8. No paroling on the battlefield; no pa
TO1Uk Ol eullTe DOulcS VI tioopS dAtSh "a
battle; and no dismissal of large numbers
of prisoners with general declaration
that they are paroled, is permitted, or of
any value.
4. An officer who gives parole for him
self or his command on the battlefield is
deemed a deserter and will be punished
accordingly.
s. For the officer, the pledging of his
parole is an individual act, and no whole
sale paroling by an officer, for number
of interiors in rank, is permitted or valid.
6. No non-commissioned officer or pri-
vate can give his parole, except through
an officer. Individual paroles not given
subject the individuals giving them to the
punishment of death as deserters. The
only admissible exception is where indi-
viduals, properly separated from their
commands, have suffered long confinement
without the possibility of being paroled
through an officer.
z. No prisoner of war can be forced by
the hostile Government to pledge his pa
role, and any threat or i'll treatment to
force the giving of the parole is contrary
to the law of war.
8. No prisoner of war can enter into en-
gagements inconsistent with his character
and duties as citizen and subject of his
State. He can only bind himself not to
bear arms against his captOr for limited
period, or until he is exchanged, and this
only with the stipulated or implied consent
of his own Government. If the engage
ment which he makes is not approved by
his Government, he is bound to return and
surrender himself as a prisoner of war.
His own Government cannot at the same
time disown his engagement and refuse
his return as prisoner.
9. No one can pledge his parole that
he will never bear arms against the Gov
ernment of his captors, nor that he will
not bear arms against any other enemy of
his Government, not at the time the ally
of his captors. Such agreements have ref
erence only to the existing enemy and his
existing allies, and to the existing war.
and not to future belligerents.
TO- While the pledging of the military
parole is voluntary act of the individual,
the capturing power is not obliged to grant
1t, nor is the Government of the individual
paroled bound to approve or ratify it.
IL. Paroles not authorized by the COM
mon law of war are not valid till ap-
proved by the Government of the indi-
vidual so pledging his parole.
II. The pledging Of any unauthorized
military parole is military offense, pun
ishable under the common law of war.
IL. This order will be published at the
head of every regiment in the service of
the United States, and will be officially
communicated by every General command
ing an army in the field to the Command
ing General of the opposing forces, and
will be hereafter strictly observed and en-
forced in the armies of the United States.
By order of Mai.-Gen. II. W. Halleck.
L. THOMAS, Adjutant- General.
At the date of this order and long af-
ter, n. w. Halleck was General IN Chief
of the Armies of the United States, with
Headquarters in Washington. This Or
der No. 40 is an exact copy Of the order
as received it from the War Department
In 1884. 1t can be found of record there,
but probably is not mentioned in any
American history. This order bears date
Feb. %, 1868, but was not published in
the Army of the Potomac until nearly
three months later. If the publication had
been delayed another three months, or un-
til after the battle of Gettysburg, it would
have been a most fortunate delay for thou
sands Of brave and patriotic men.
This Order No. 49 was one of the cir
cumstances that conspired to make my
visit to Richmond necessity; the other
being the fact that l was cornered in
Gettysburg while retreating through said
city on the evening of July 1, 1868, and,
strange though it may seem, this Order
No. 40 was the cause of the death of in
the neighborhood Of 1000 Union soldiers,
as brave and heroic as any who during
the worlds existence upheld the cause of
their country through the perils of war.
Our entire loss of prisoners at Gettys-
burg is officially reported as 5,535 men.
Fully one-half of this loss or 2,767, was
sustained during the first day of the bat
tie, and these only were sent to Rich
mond.
PRISONERS LAST FULL MEASURE. OF DE-
yoTIoN.
About o'clock a. m. of July 2 q Con-
federate Colonel called upon the prison.
erS cautured the nrpyious doy with on.
thority to parole us then and there, and it
was right there and then that Gen. Hal.
leck's Order No. 49 got in its deadly work
/ cali the readers especial attention to
paragraphs 2, and of said order.
Every soldier was familiar with these
requirements of Order No. 40, and we
therefore requested the Colonel to allow
US to communicate with our officers, who
were under separate guard, in relation
to this question; which was granted; but
our officers refused to take the RESPONSE
bility of the parole, and united with us in
q message to Gen. Meade, asking his con-
sent and approval. The Colonel readily
agreed to carry our message, and in the
afternoon reported that through Gen. Lee
he had communicated with Gen. Meade,
and that Gen. Meade had refused to give
his consent, but, added the Colonel, 81
have she authority from Gen. Lee to pa
role you, and will parole you just the same
without the consent of Gen. Meade. It's
for you to decide: Take the parole or take
trip to Richmond"
Again we consulted among ourselves.