ARTICLE VI.—The stipulations and provisions above mentioned to be of binding obligation during the continuance of the war, it matters not which party may have the surplus of prisoners; the great principles involved being, First, An equitable exchange of prisoners, man for man, or officer for officer, or officers of higher grade exchanged for officers of lower grade, or for privates, according to scale of equivalents. Second, That privates and officers and men of different services may be exchanged according to the same scale of equivalents. Third, That all prisoners, of whatever arm of service, are to be exchanged or paroled in ten days from the time of their capture, if it be practicable to transfer them to their own lines in that time; if not, so soon thereafter as practicable. Fourth, That no officer, or soldier, employed in the service of either party, is to be considered as exchanged and absolved from his parole until his equivalent has actually reached the lines of his friends. Fifth, That parole forbids the performance of field, garrison, police, or guard or constabulary duty.
JOHN A. DIX, Major General.
D. H. HILL, Major General, C. S. A.
SUPPLEMENTARY ARTICLES.
ARTICLE VII.—All prisoners of war now held on either side, and all prisoners hereafter taken, shall be sent with all reasonable dispatch to A. M. Aiken's, below Dutch Gap, on the James River, in Virginia, or to Vicksburg, on the Mississippi River, in the State of Mississippi, and there exchanged of paroled until such exchange can be effected, notice being previously given by each party of the number of prisoners it will send, and the time when they will be delivered at those points respectively; and in case the vicissitudes of war shall change the military relations of the places designated in this article to the contending parties, so as to render the same inconvenient for the delivery and exchange of prisoners, other places bearing as nearly as may be the present local relations of said places to the lines of said parties, shall be, by mutual agreement, substituted. But nothing in this article contained shall prevent the commanders of the two opposing armies from exchanging prisoners or releasing them on parole, at other points mutually agreed on by said commanders.
ARTICLE VIII.—For the purpose of carrying into effect the foregoing articles of agreement, each party will appoint two agents for the exchange of prisoners of war, whose duty it shall be to communicate with each other by correspondence and otherwise; to prepare the lists of prisoners; to attend to the delivery of the prisoners at the places agreed on, and to carry out promptly, effectually, and in good faith, all the details and provisions of the said articles of agreement.
ARTICLE IX.—And, in case any misunderstanding shall arise in regard to any clause or stipulation in the foregoing articles, it is mutually agreed that such misunderstanding shall not affect the release of prisoners on parole, as herein provided, but shall be made the subject of friendly explanation, in order that the object of this agreement may neither be defeated nor postponed.
JOHN A. DIX, Major General. D. H. HILL, Major General. C. S. A.
This plan did not work well. Men on both sides, who wanted a little rest from soldiering, could obtain it by so straggling in the vicinity of the enemy. Their parole—following close upon their capture, frequently upon the spot—allowed them to visit home, and sojourn awhile where were pleasanter pastures than at the front. Then the Rebels grew into the habit of paroling everybody that they could constrain into being a prisoner of war. Peaceable, unwarlike and decrepit citizens of Kentucky, East Tennessee, West Virginia, Missouri and Maryland were "captured" and paroled, and setoff against regular Rebel soldiers taken by us.
3. After some months of trial of this scheme, a modification of the cartel was agreed upon, the main feature of which was that all prisoners must be reduced to possession, and delivered to the exchange officers either at City Point, Va., or Vicksburg, Miss. This worked very well for some months, until our Government began organizing negro troops. The Rebels then issued an order that neither these troops nor their officers should be held as amenable to the laws of war, but that, when captured, the men should be returned to slavery, and the officers turned over to the Governors of the States in which they were taken, to be dealt with according to the stringent law punishing the incitement of servile insurrection. Our Government could not permit this for a day. It was bound by every consideration of National honor to protect those who wore its uniform and bore its flag. The Rebel Government was promptly informed that rebel officers and men would be held as hostages for the proper treatment of such members of colored regiments as might be taken.