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“ [33] capture, and the prisoners then held, and those thereafter taken, were to be transported to the points mutually agreed upon, at the expense of the capturing party. The surplus prisoners on one side or the other, who were not exchanged, were not to be permitted to take up arms until they were exchanged under the provisions of the cartel. Each party, upon the discharge of prisoners of the other party, was authorized to discharge an equal number of their own officers and men from parole, furnishing, at the same time to the other party, a list of their prisoners discharged, and of their own officers and men relieved from parole; thus enabling each party to relieve from parole such of their own officers and men as the party might choose.” The cartel provided that its stipulations and provisions should be “of binding obligation during the continuance of the war, it matters not which party may have the surplus of prisoners.” Its ninth and closing article was in these words: “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 interrupt 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 or postponed.”

The cardinal idea of the cartel was that all prisoners should be delivered within ten days after capture, and if the adversary party had an equal number in its hands, then an exchange as to such should take place, so that each set could at once take up arms. If one side held an excess of prisoners, they were still to be delivered within ten days after capture, but that excess was to be considered as being on parole, and not to be returned to military duty until their equivalents were given, and they thereby declared exchanged. Thus the cartel required all prisoners to be released, though they were not exchanged. Exchanges could never take place except upon equivalents; releases or deliveries on parole could. When one of the belligerents could not furnish equivalents for all the officers and men delivered, the excess remained on parole, and could not take up arms until the debt was paid. As discharged and released men were not necessarily exchanged, the cartel provided that declarations of exchange might be made from time to time, and reserved to each side the right of making such declarations, whenever it released from captivity or parole, an equal number of the adversary's officers and men. It is important, also, to observe that there were two kinds of paroles-those given on the battle-field, when the parties were there released, and those given by the parties who were delivered at the points designated in the cartel.

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