Изображения страниц
PDF
EPUB

"On the announcement of the ratification of the treaty of Ghent there was naturally some disorder among the American prisoners of war confined at Dartmoor, near Plymouth, who were not as yet released. On April 6, 1815, there was some slight disturbance, and indications of an attempt, at least of one or two, to break loose. The captain on guard directed the alarm bell to be sounded, which caused a rush of prisoners, most of whom had no part whatever in the disorder, to the place of alarm. He then ordered the prisoners to their yards, and directed a squad of soldiers to charge them. The crowd of prisoners was great; they would not, and indeed, in the crush of the narrow passage in which they were, could not, immediately retreat; and it was said by some of the witnesses that stones were thrown from among them at the soldiers, though this last fact was negatived by a great preponderance of testimony. An order to fire was given, though by whom it was not clearly shown, and this firing, on a perfectly defenseless crowd, was continued until seven persons were killed, thirty dangerously and thirty slightly wounded. A commission consisting of Mr. F. S. Larpent, representing the British Government, and Mr. Charles King, deputed by the American mission in London, having visited the scene of action and examined into the facts, reported that this firing (at the outset) was justifiable in a military point of view,' but that it is very difficult to find any justification for the further renewal and continuance of the firing," which is attributed to the state of individual irritation and exasperation on the part of the soldiers who followed the prisoners into their yards. Lord Castlereagh, on receiving this report, expressed, on May 22, 1815, the 'disapprobation' of the Prince Regent at the conduct of the troops, and his desire to make a compensation to the widows and families of the sufferers. Mr. Monroe, Secretary of State, on being informed of this action, sent, on December 11, 1815, to Mr. Baker, British chargé d'affaires at Washington, a note in which he said: 'It is painful to touch on this unfortunate event, from the deep distress it has caused to the whole American people. This repugnance is increased by the consideration that our Governments, though penetrated with regret, do not agree in sentiment respecting the conduct of the parties engaged in it. Whilst the President declines accepting the provision contemplated by His Royal Highness the Prince Regent, he nevertheless does full justice to the motives which dictated it.""

[ocr errors]

Wharton, Int. Law Digest, § 348c, III. 331, citing 4 Am. State Papers,
For. Rel. 2 et seq.

"56. A prisoner of war is subject to no punishment for being a public enemy, nor is any revenge wreaked upon him by the intentional inflicting of any suffering, or disgrace, by cruel imprisonment, want of food, by mutilation, death, or any other barbarity."

“59. A prisoner of war remains answerable for his crimes committed against the captor's army or people, committed before he was captured, and for which he has not been punished by his own authorities.

"All prisoners of war are liable to the infliction of retaliatory measures."

"67. The law of nations allows every sovereign government to make war upon another sovereign state, and, therefore, admits of no rules or laws different from those of regular warfare, regarding the treatment of prisoners of war, although they may belong to the army of a government which the captor may consider as a wanton and unjust assailant.”

"72. Money and other valuables on the person of a prisoner, such as watches or jewelry, as well as extra clothing, are regarded by the American Army as the private property of the prisoner, and the appropriation of such valuables or money is considered dishonorable, and is prohibited.

"Nevertheless, if large sums are found upon the persons of prisoners, or in their possession, they shall be taken from them, and the surplus, after providing for their own support, appropriated for the use of the Army, under the direction of the commander, unless otherwise ordered by the Government. Nor can prisoners claim, as private property, large sums found and captured in their train, although they have been placed in the private luggage of the prisoners.

"73. All officers, when captured, must surrender their side arms to the captor. They may be restored to the prisoner in marked cases, by the commander, to signalize admiration of his distinguished bravery, or approbation of his humane treatment of prisoners before his capture. The captured officer to whom they may be restored can not wear them during captivity.

"74. A prisoner of war, being a public enemy, is the prisoner of the Government and not of the captor. No ransom can be paid by a prisoner of war to his individual captor, or to any officer in command. The Government alone releases captives, according to rules prescribed by itself.

"75. Prisoners of war are subject to confinement or imprisonment such as may be deemed necessary on account of safety, but they are to be subjected to no other intentional suffering or indignity. The confinement and mode of treating a prisoner may be varied during his captivity according to the demands of safety.

“76. Prisoners of war shall be fed upon plain and wholesome food, whenever practicable, and treated with humanity.

"They may be required to work for the benefit of the captor's government, according to their rank and condition.

"77. A prisoner of war who escapes may be shot, or otherwise killed, in his flight; but neither death nor any other punishment shall be inflicted upon him simply for his attempt to escape, which the law of war does not consider a crime. Stricter means of security shall be used after an unsuccessful attempt at escape.

66

If, however, a conspiracy is discovered, the purpose of which is a united or general escape, the conspirators may be rigorously punished, even with death; and capital punishment may also be inflicted upon prisoners of war discovered to have plotted rebellion against the authorities of the captors, whether in union with fellow-prisoners or other persons.

"78. If prisoners of war, having given no pledge nor made any promise on their honor, forcibly or otherwise escape, and are captured again in battle after having rejoined their own army, they shall not be punished for their escape, but shall be treated as simple prisoners of war, although they will be subjected to stricter confine

ment.

66

79. Every captured wounded enemy shall be medically treated, according to the ability of the medical staff.

80. Honorable men, when captured, will abstain from giving to the enemy information concerning their own army, and the modern law of war permits no longer the use of any violence against prisoners in order to extort the desired information, or to punish them for having given false information."

Instructions for the Government of Armies of the United States in the
Field, General Orders, No. 100, April 24, 1863, War of the Rebellion,
Official Records, series 3, III. 154.

“Prisoners of war are in the power of the hostile Government, but not in that of the individuals or corps who captured them.

"They must be humanely treated.

"All their personal belongings, except arms, horses, and military papers remain their property.

"ARTICLE V. Prisoners of war may be interned in a town, fortress, camp, or any other locality, and bound not to go beyond certain fixed limits; but they can only be confined as an indispensable measure of safety."

Convention respecting the Laws and Customs of War on Land, The Hague, July 29, 1899, Chap. II., on Prisoners of War, Art. IV., 32 Stat. II. 1812.

"ARTICLE VI. The State may utilize the labor of prisoners of war according to their rank and aptitude. Their tasks shall not be excessive, and shall have nothing to do with the military operations. "Prisoners may be authorized to work for the Public Service, for private persons, or on their own account.

"Work done for the State shall be paid for according to the tariffs in force for soldiers of the national army employed on similar tasks. "When the work is for other branches of the Public Service or for private persons, the conditions shall be settled in agreement with the military authorities.

"The wages of the prisoners shall go towards improving their position, and the balance shall be paid them at the time of their release, after deducting the cost of their maintenance.

"ARTICLE VII. The Government into whose hands prisoners of war have fallen is bound to maintain them.

66

Failing a special agreement between the belligerents, prisoners of war shall be treated as regards food, quarters, and clothing, on the same footing as the troops of the Government which has captured them.

"ARTICLE VIII. Prisoners of war shall be subject to the laws, regulations, and orders in force in the army of the State into whose hands they have fallen.

"Any act of insubordination warrants the adoption, as regards them, of such measures of severity as may be necessary.

66

Escaped prisoners, recaptured before they have succeeded in rejoining their army, or before quitting the territory occupied by the army that captured them, are liable to disciplinary punishment.

"Prisoners who, after succeeding in escaping are again taken prisoners, are not liable to any punishment for the previous fight.

"ARTICLE IX. Every prisoner of war, if questioned, is bound to declare his true name and rank, and if he disregards this rule, he is liable to a curtailment of the advantages accorded to the prisoners of war of his class."

"ARTICLE XIV. A Bureau for information relative to prioners of war is instituted, on the commencement of hostilities, in each of the belligerent States, and, when necessary, in the neutral countries on whose territory belligerents have been received. This Bureau is intended to answer all inquiries about prisoners of war, and is furnished by the various services concerned with all the necessary information to enable it to keep an individual return for each prisoner of war. It is kept informed of interments and changes, as well as of admissions into hospital and deaths.

"It is also the duty of the Information Bureau to receive and collect all objects of personal use, valuables, letters, &c., found on the battlefields or left by prisoners who have died in hospital or ambulance, and to transmit them to those interested.

"ARTICLE XV. Relief Societies for prisoners of war, which are regularly constituted in accordance with the law of the country with the object of serving as the intermediary for charity, shall receive from the belligerents for themselves and their duly accredited agents

every facility, within the bounds of military requirements and Administrative Regulations, for the effective accomplishment of their humane task. Delegates of these Societies may be admitted to the places of interment for the distribution of relief, as also to the halting places. of repatriated prisoners, if furnished with a personal permit by the military authorities, and on giving an engagement in writing to comply with all their Regulations for order and police.

“ARTICLE XVI. The Information Bureau shall have the privilege of free postage. Letters, money orders, and valuables, as well as postal parcels destined for the prisoners of war or dispatched by them, shall be free of all postal duties both in the countries of origin and destination, as well as in those they pass through.

[ocr errors]

"ARTICLE XVII. Officers taken prisoners may receive, if necessary, the full pay allowed them in this position by their country's regulations, the amount to be repaid by their Government.

"ARTICLE XVIII. Prisoners of war shall enjoy every latitude in the exercise of their religion, including attendance at their own church services, provided only they comply with the regulations for order and police issued by the military authorities.

"ARTICLE XIX. The wills of prisoners of war are received or drawn up on the same conditions as for soldiers of the National Army. "The same rules shall be observed regarding death certificates, as well as for the burial of prisoners of war, due regard being paid to their grade and rank."

Convention respecting the Laws and Customs of War on Land, The Hague,
July 29, 1899, 32 Stat. II. 1812, 1815.

"Gifts and relief in kind for prisoners of war shall be admitted free of all duties of entry and others, as well as of payments for carriage by the Government railways."

Convention respecting the Laws and Customs of War on Land, The
Hague, July 29, 1899, Annex, Art. XVI, 32 Stat. II. 1816.

In response to an inquiry prompted by the United States, the British consul at Santiago telegraphed that he had seen Constructor Hobson and the seven seamen of the Merrimac in barracks near the town. They were supplied with as good food as the general scarcity permitted. Lieutenant Hobson expressed satisfaction at everything, and he was well lodged. The lodging provided for the seamen was not so good. In case of an attack by land it was quite possible that the prisoners would be exposed, as would be everybody else.

For. Rel. 1898, 981.

November 11, 1899, the British ambassador at Washington was advised that the state secretary of the Transvaal had notified the United

« ПредыдущаяПродолжить »