States consul at Pretoria, who was exercising good offices in behalf of British subjects, that all requests for the payment of money to British prisoners and all inquiries concerning them must in future come through military channels at the front, and that he would not further recognize the United States consul "in any British official capacity." The British Government desired it to be pointed out to the Transvaal Government that, in declining the good offices of the consul in behalf of British prisoners, they were "departing from the usual practice;" that during the Crimean war moneys for British prisoners in Russia and for Russian prisoners in England were distributed through the Danish representatives in St. Petersburg and London; that during the Franco-German war moneys were handed to the French prisoners in Germany through the British representative at Berlin, and letters sent from them to persons in France through the British foreign office. It was added that reciprocal privileges would be allowed to Boer prisoners in British hands. The consul subsequently reached an understanding, which he set forth in a note to Mr. Reitz, the state secretary, as follows: "1. The Government of the South African Republic objects to recognizing the United States (or any other) consular officer as the official representative of the British Government during the present war. "2. The Government of the South African Republic objects to the transmission by the United States consul of— "(a) Official communications from the British Government and addressed to the Government of the South African Republic. "(b) Official communications from the British Government and addressed to British prisoners here. "(c) Moneys or funds sent by the British Government to British prisoners here. "On the other hand, I understand that the Government of the South African Republic will have no objection to the performance by the United States consul at this capital of the following services on behalf of the British prisoners of war and their friends: "1. The forwarding of letters and papers sent by friends or relatives of the prisoners. "2. The distribution of funds (under the supervision of the war office of the South African Republic) sent to the British prisoners by their friends or relatives. “Provided that these services are reciprocal and that the Government of the South African Republic will have the right to request the similar services of the United States consular officers in the British possessions and on behalf of the Boer and Afrikander prisoners of war that are now in the hands of the British authorities. "I further understand that the Government of the South African Republic reserves to itself the right to revoke any or all of the privileges to receive letters, money, and parcels now enjoyed by the British prisoners of war in this Republic, and that the fact that Boer or Afrikander prisoners of war in the hands of the British authorities are not receiving kind and humane treatment, or are denied privileges similar to the privileges now allowed to British prisoners of war in the South African Republic, will, if proven to your satisfaction, be deemed sufficient cause and reason for such action on the part of your honorable Government." Mr. Reitz replied that this stated with perfect correctness "the attitude in accordance with which this Government has acted and will continue to act." It was subsequently stated that British prisoners were allowed to receive parcels of tobacco and other things, including newspapers, if sent by their friends, through the consulate. The British Government, in expressing its thanks for the success which had attended the efforts of the consul in behalf of the British prisoners, stated, as regards the treatment of Boer prisoners by British authorities, "that telegrams, books, clothing, and luxuries are freely transmitted to them after inspection; that small amounts of money are given to them direct, while larger amounts are handed to the commandant to issue in small sums, and that clothing is issued at the public expense to prisoners who are in great need of it." For. Rel. 1900, 619, 621-622, 622, 623. With reference to a report that a number of prisoners captured by the British troops in South Africa had been deported to Ceylon, and that among them were twenty-two men claiming American citizenship, the Department of State instructed the American ambassador in London to ask an early inquiry into the truth of the statement, and said: "If it be confirmed, the Government of the United States could not view without concern the risk of life and health involved in sending any unacclimated American citizens, taken under the circumstances described, to so notoriously insalubrious a place as the island of Ceylon. The principles of public law which exclude all rigor or severity in the treatment of prisoners of war beyond what may be needful to their safety, imply their non-subjection to avoidable danger from any cause. These admitted principles have found conventional expression in treaties, as in article 24 of the treaties of 1785 and 1799 between the United States and Prussia, and the enlightened practice therein specified to be followed with respect to the custody of prisoners of war is believed to represent the general view of mod ern nations, as it certainly does the sentiment of humanity and the law of nature on which it claims to rest. "If it prove that citizens of the United States, captured while temporarily serving in the armies of the South African Republic and the Orange Free State, have in fact been transported to distant and noxious places, you will represent the expectation of this Government that they be at once removed to some more healthful station, if indeed the situation at this time shall not permit their discharge, freely or on parole. The number of these Americans who have taken temporary service under another flag is represented to be small.” Mr. Hay, Sec. of State, to Mr. Choate, ambass. to London, No. 468, October 16, 1900, MS. Inst. Great Britain, XXXIII. 477. After the outbreak of war between Russia and Japan, the Russian Government, through the French minister at Tokio, requested the Japanese Government to furnish regularly a list of the Russian prisoners of war who might fall into the hands of the Japanese army, and, in case of the death of such prisoners, to inform the French legation or consulates of the fact. The Japanese Government promised to furnish the desired information every ten days, so far as practicable, provided that the Russian Government would give to the United States embassy or consulates in Russia similar information concerning Japanese prisoners. This arrangement was mutually agreed upon. For. Rel. 1904, 716, 719. 3. EXCHANGE. § 1129. It was formerly the practice for the state to leave to each prisoner, at least during the war, the care of redeeming himself, and the captor had a lawful right to demand a ransom for the release of his prisoners. The present usage of civilized nations is, however, to exchange prisoners of war or to release them on their parole or word of honor not to serve against the captor again for a definite period, during the war, or till properly exchanged. An agreement between belligerents for the exchange (and formerly for the ransom) of prisoners of war is called a cartel, and a vessel commissioned for the exchange of prisoners of war or to carry proposals from one belligerent to the other under a flag of truce is sometimes called a cartel ship. Halleck, Int. Law (3d ed. by Baker), II. 326–330. As to the disability of an alien enemy to sue on a ransom bill, see Anthon rs. Fisher, 2 Douglas, 649. See, however, Lawrence's Wheaton (1863), 695; I Pistoye et Duverdy, 280. "105. Exchanges of prisoners take place-number for number— rank for rank-wounded for wounded-with added condition for added condition-such, for instance, as not to serve for a certain period. "106. In exchanging prisoners of war, such numbers of persons of inferior rank may be substituted as an equivalent for one of superior rank as may be agreed upon by cartel, which requires the sanction of the government, or of the commander of the army in the field. "107. A prisoner of war is in honor bound truly to state to the captor his rank; and he is not to assume a lower rank than belongs to him, in order to cause a more advantageous exchange, nor a higher rank, for the purpose of obtaining better treatment. "Offenses to the contrary have been justly punished by the commanders of released prisoners, and may be good cause for refusing to release such prisoners. "108. The surplus number of prisoners of war remaining after an exchange has taken place is sometimes released either for the payment of a stipulated sum of money, or, in urgent cases, of provision, clothing, or other necessaries. "Such arrangement, however, requires the sanction of the highest authority. "109. The exchange of prisoners of war is an act of convenience to both belligerents. If no general cartel has been concluded, it can not be demanded by either of them. No belligerent is obliged to exchange prisoners of war. "A cartel is voidable as soon as either party has violated it. "110. No exchange of prisoners shall be made except after complete capture, and after an accurate account of them, and a list of the captured officers, has been taken." Instructions for the Government of Armies of the United States in the "The next act in the war thrilled not alone the hearts of our countrymen but the world by its exceptional heroism. On the night of June 3d, Lieutenant Hobson, aided by seven devoted volunteers, blocked the narrow outlet from Santiago Harbor by sinking the collier Merrimac in the channel, under a fierce fire from the shore batteries, escaping with their lives as by a miracle, but falling into the hands of the Spaniards. It is a most gratifying incident of the war that the bravery of this little band of heroes was cordially appreciated by the Spanish admiral, who sent a flag of truce to notify Admiral Sampson of their safety and to compliment them on their daring act. They were subsequently exchanged July 7th." President McKinley, annual message, Dec. 5, 1898, For. Rel. 1898, lix. 4. PAROLE. § 1130. "119. Prisoners of war may be released from captivity by exchange, and, under certain circumstances, also by parole. The Parole. "120. The term parole designates the pledge of individual good faith and honor to do, or to omit doing, certain acts after he who gives his parole shall have been dismissed, wholly or partially, from the power of the captor. "121. The pledge of the parole is always an individual, but not a private act. “122. The parole applies chiefly to prisoners of war whom the captor allows to return to their country, or to live in greater freedom within the captor's country or territory, on conditions stated in the parole. "123. Release of prisoners of war by exchange is the general rule; release by parole is the exception. “124. Breaking the parole is punished with death when the person breaking the parole is captured again. "Accurate lists, therefore, of the paroled persons must be kept by the belligerents. "125. When paroles are given and received there must be an exchange of two written documents, in which the name and rank of the paroled individuals are accurately and truthfully stated. "126. Commissioned officers only are allowed to give their parole, and they can give it only with the permission of their superior, as long as a superior in rank is within reach. "127. No non-commissioned officer or private can give his parole except through an officer. Individual paroles not given through an officer are not only void, but subject the individuals giving them to the punishment of death as deserters. The only admissible exception is where individuals, properly separated from their commands, have suffered long confinement without the possibility of being paroled through an officer. "128. No paroling on the battlefield; no paroling of entire bodies of troops after a battle; and no dismissal of large numbers of prisoners, with a general declaration that they are paroled, is permitted, or of any value. "129. In capitulations for the surrender of strong places or fortified camps the commanding officer, in cases of urgent necessity, may agree that the troops under his command shall not fight again during the war unless exchanged. "130. The usual pledge given in the parole is not to serve during the existing war unless exchanged. |