It will not be forgotten that in the earlier period of the war the prisoners on parole in various parts of the country were all removed to Norman Cross; whether any similar change in their condition was experienced, after the resumption of hostilities in 1803, by the prisoners out upon their parole, remains a matter of uncertainty.

Passing now to the subject of the Exchange of prisoners, and the chances that a prisoner at Norman Cross or elsewhere had of obtaining his liberty by an exchange for an English prisoner of equal rank, it must be borne in mind that a large number of civilians were in captivity, especially in the second period of the war.

This practice of taking captive so many civilians in the second period of the war, 1803–15, was attributed to the British system of seizing all French vessels of every kind and making their crews captive. This practice was adopted as a retaliation for the first act of Buonaparte, then ruling France as First Consul, when hostilities were resumed in May 1803. As a reprisal for what he considered the dishonourable action of two British frigates in seizing in harbour French merchantmen before the formal declaration of war had reached France, the Consul ordered the immediate arrest of every British subject between the age of eighteen and sixty who happened to be in France at that time, thus throwing 10,000 peaceable travellers and others into captivity.

Wellington, replying 4th September 1813 to an application from Mr. J. S. Larpent requesting the General to obtain his release from captivity, wrote:

“In this war, which on account of the violence of animosity with which it is conducted, it is to be hoped will be the last, for some time at least, everybody taken is considered a prisoner of war, and none are released without exchange. There are several persons, now in my power, in the same situation as yourself in that respect, that is to say, non-combatants according to the known and anciently practised rules of war; among others there is the secretary of the Governor of San Sebastian. . . .” [218]

Such being the spirit of the war, negotiations for exchange continually fell through.

In the early period it was the want of good faith on the part of the French, and the unfairness with which the exchange was conducted by them, that on more than one occasion put a stop to the general exchange which was going on. Thus in 1798, when a general exchange had been arranged, and the Depot at Norman Cross was rapidly emptying, the Samaritan cartel took 201 French prisoners to France, but returned with only 71 British. The Britannia carried over 150, and 450 were conveyed by two other cartels; the three returned without a single British prisoner. The captains of the vessels were told that there were no British prisoners to return, and they were ordered to sea at once, regardless of wind or weather.

During the early negotiations a return was furnished to show what had been the result of the general exchange up to the date when fresh arrangements were to be made, and it appeared that 6,056 British prisoners had been received from France, while she had received from the British 16,334, including 4,986 captured at Martinique and Guadeloupe. On 19th March 1798 by the fresh exchange France had received 12,543, Britain only 5,045, leaving a balance of 7,498 due to England. The earliest prisoners to be exchanged from Norman Cross left on 24th August 1797, only four months after the first prisoners had been received there. The contingent was sent to Lynn; it numbered 305, and consisted of 7 captains of privateers, 4 sergeants, 6 corporals, 148 soldiers, 127 seamen and 7 boys, and 6 not specified. They sailed in the Rosine, which had brought the same number of British to England.

The article of the agreement providing that the prisoners for exchange were not to be selected, but were to be taken according to the priority of their capture, was afterwards modified, so as to select the aged, the infirm, such as were not seamen, and boys under twelve years of age! Amid all the bickering and obstinacy on both sides in the negotiations as to the treatment and exchange of the prisoners, there is one instance which shows that the chivalrous spirit of the French was not dead.

In March 1797 M. Charretie, the French Commissary in England, enclosed a list of thirty-six British seamen to be released without exchange for their humanity in rescuing and aiding the crew of a French vessel bearing the appropriate name of Les Droits de l’Homme.