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PRISONERS OF WAR.
624. WHEN soldiers are captured by the enemy, they must expect to be closely guarded and subject to great inconvenience. The customs of war, however, entitle the prisoner to certain privileges. He should be permitted to keep all his personal effects that can readily be transported with him and that cannot be used to effect his escape. If his money is taken from him, it should be used to supply his wants, and the balance returned when he is released or exchanged; he is entitled to food and clothing; he is entitled to kind and considerate treatment as long as he is submissive and obedient, and can claim to be treated as an ordinary prisoner of war. Guerrillas, spies, &c. are not ordinary prisoners of war, and are, therefore, at the mercy of their captors.
625. "A prisoner of war is a public enemy, armed or attached to the hostile army for active aid, who has fallen into the hands of the captor, either fighting or wounded, on the field or in the hospital, by individual surrender or by capitulation." (GO. No. 100, 1863, Par. 49.)
626. A prisoner of war, in order to claim the immunities of such a situation, must belong to the hostile army in some authorized way, or be in the employ of the Government in some official capacity, and as an enemy he must first throw down his arms, and ask for quarter, and be submissive to his captors.
627. Troops using the enemy’s uniform or flag to deceive, are at the mercy of their captors when taken. If captured clothing is used, it should be worn with some distinctive mark or badge indicative of their character
628. Prisoners who have escaped and are recaptured sho uld not be punished for escaping, although they may be subjected to stricter confinement. It is the duty of prisoners to escape if they can. They should, therefore, avoid any parole which would prevent them from taking advantage of any opportunities to escape.
629. Enlisted men are prohibited from taking a parole, except through an office. A soldier giving his parole without the approval thereto of his commanding officer, subjects himself to the penalty of desertion, and the parole is void. It is only admissible for a soldier to parole himself when he has suffered long imprisonment and been properly separated from his command, without the possibility of being paroled through an officer. (G. 0. No. 49, 1863.)
630. Paroling on the battle-field is prohibited; and no parole should be taken or given under any circumstances until the prisoners are secured beyond the possibility of recapture. When paroles are given, it is done "by the exchange of signed duplicates of a written document, in which the same and rank of the parties paroled are correctly stated."
631. Paroles are of two kinds—a military parole and a parole of honor A military parole is where the prisoner is released from custody, and pledges himself not to take up arms against his captors until properly exchanged. A parole of honor is where the prisoner, still under the control of his captors, pledges himself to do or not to do a certain thing, so far as he himself is concerned; as where for the privilege of being released from prison he promises to make no attempt to escape. (G.O. No. 207, 1863.)
632. Neither parole should be given except under circumstances that would manifestly justify their being given. The prisoner is performing a service to his own cause in compelling his captors to guard and provide for him, and his own Government is supposed to take all the necessary measures for procuring his proper exchange.
633. The inhabitants of a hostile country are not treated as foes so long as they remain peaceable and submissive to the forces occupying. Individuals are to be treated as spies and guerrillas who perform any overt acts of hostility or give information to the enemy. The inhabitants of the country are treated as prisoners of war only when they rise en masse to repel the invading forces.
634. Prisoners of war are entitled to pay during their imprisonment the same as if they were off duty. (G.O. No. 9,1862.)
"The following plan for paying to the families of officers and soldiers in the service of the United States, who are or may become prisoners of war, sums due them by the Government, having been approved by the President, it is published for the information of all concerned.
"Payment will be made to persons presenting a written authority from a prisoner to draw his pay; or, without such authority, to his wife, the guardian of his minor children, or his widowed mother, in the order named.
"Application for such pay must be made to the senior paymaster of the district, in which the regiment of the prisoner is serving, and must be accompanied by the certificate of a Judge of a Court of the United States, of a District Attorney of the United States, or of some other party under the seal of a court of record of the State in which the applicant is a resident, setting forth that the said applicant is the wife of the prisoner, the guardian of his children, or his widowed mother, and, if occupying either of the last two relationships towards him, that there is no one in existence who is more nearly related, according to the above classification.
"Payments will be made to parties thus authorized and identified, on their receipts made out in the manner that would be required of the prisoner himself, at least one month’s pay being in all cases retained by the United States. The officer making the payment will see that it is entered on the last previous muster-roll for the payment of the prisoner’s company, or will report, if those rolls are not in his possession, to the senior paymaster of the district, who will either attend to the entry or give notice of the payment to the Paymaster-General, if the rolls have been forwarded to his office." (GO. No. 90, 1861.)
635. Prisoners of war are also entitled to pay for rations during the period of their imprisonment, which will be commuted to them by the Subsistence Department at the cost price of the ration. (G.0. No. 24, 1862.)
625. "A prisoner of war is a public enemy, armed or attached to the hostile army for active aid, who has fallen into the hands of the captor, either fighting or wounded, on the field or in the hospital, by individual surrender or by capitulation." (GO. No. 100, 1863, Par. 49.)
626. A prisoner of war, in order to claim the immunities of such a situation, must belong to the hostile army in some authorized way, or be in the employ of the Government in some official capacity, and as an enemy he must first throw down his arms, and ask for quarter, and be submissive to his captors.
627. Troops using the enemy’s uniform or flag to deceive, are at the mercy of their captors when taken. If captured clothing is used, it should be worn with some distinctive mark or badge indicative of their character
628. Prisoners who have escaped and are recaptured sho uld not be punished for escaping, although they may be subjected to stricter confinement. It is the duty of prisoners to escape if they can. They should, therefore, avoid any parole which would prevent them from taking advantage of any opportunities to escape.
629. Enlisted men are prohibited from taking a parole, except through an office. A soldier giving his parole without the approval thereto of his commanding officer, subjects himself to the penalty of desertion, and the parole is void. It is only admissible for a soldier to parole himself when he has suffered long imprisonment and been properly separated from his command, without the possibility of being paroled through an officer. (G. 0. No. 49, 1863.)
630. Paroling on the battle-field is prohibited; and no parole should be taken or given under any circumstances until the prisoners are secured beyond the possibility of recapture. When paroles are given, it is done "by the exchange of signed duplicates of a written document, in which the same and rank of the parties paroled are correctly stated."
631. Paroles are of two kinds—a military parole and a parole of honor A military parole is where the prisoner is released from custody, and pledges himself not to take up arms against his captors until properly exchanged. A parole of honor is where the prisoner, still under the control of his captors, pledges himself to do or not to do a certain thing, so far as he himself is concerned; as where for the privilege of being released from prison he promises to make no attempt to escape. (G.O. No. 207, 1863.)
632. Neither parole should be given except under circumstances that would manifestly justify their being given. The prisoner is performing a service to his own cause in compelling his captors to guard and provide for him, and his own Government is supposed to take all the necessary measures for procuring his proper exchange.
633. The inhabitants of a hostile country are not treated as foes so long as they remain peaceable and submissive to the forces occupying. Individuals are to be treated as spies and guerrillas who perform any overt acts of hostility or give information to the enemy. The inhabitants of the country are treated as prisoners of war only when they rise en masse to repel the invading forces.
634. Prisoners of war are entitled to pay during their imprisonment the same as if they were off duty. (G.O. No. 9,1862.)
"The following plan for paying to the families of officers and soldiers in the service of the United States, who are or may become prisoners of war, sums due them by the Government, having been approved by the President, it is published for the information of all concerned.
"Payment will be made to persons presenting a written authority from a prisoner to draw his pay; or, without such authority, to his wife, the guardian of his minor children, or his widowed mother, in the order named.
"Application for such pay must be made to the senior paymaster of the district, in which the regiment of the prisoner is serving, and must be accompanied by the certificate of a Judge of a Court of the United States, of a District Attorney of the United States, or of some other party under the seal of a court of record of the State in which the applicant is a resident, setting forth that the said applicant is the wife of the prisoner, the guardian of his children, or his widowed mother, and, if occupying either of the last two relationships towards him, that there is no one in existence who is more nearly related, according to the above classification.
"Payments will be made to parties thus authorized and identified, on their receipts made out in the manner that would be required of the prisoner himself, at least one month’s pay being in all cases retained by the United States. The officer making the payment will see that it is entered on the last previous muster-roll for the payment of the prisoner’s company, or will report, if those rolls are not in his possession, to the senior paymaster of the district, who will either attend to the entry or give notice of the payment to the Paymaster-General, if the rolls have been forwarded to his office." (GO. No. 90, 1861.)
635. Prisoners of war are also entitled to pay for rations during the period of their imprisonment, which will be commuted to them by the Subsistence Department at the cost price of the ration. (G.0. No. 24, 1862.)
Source:
Kautz, August V. Customs of Service, Philadelphia, 1864. pp 209-213.
Kautz, August V. Customs of Service, Philadelphia, 1864. pp 209-213.