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[36] it left the force and effect of military paroles, and the respect which should be paid to them, to be determined by the usages of war, and that it did not prevent a wounded officer or man from entering into a stipulation not to take up arms until unchanged, as a condition of his release, when it might be his life would be at serious risk if he did not make the contract. I contended that the cartel nowhere denied the right of any soldier, whether wounded or not, to bind his government by his military obligation, when he was in the hands of the enemy. I will give one of a large number, as a specimen of the military paroles to which I refer. It is that of Colonel Roy Stone, of the One Hundred and Forty-ninth Pennsylvania Volunteers, captured at Gettysburg:

I, the subscriber, a prisoner of war, captured near Gettysburg, Pa., do give my parole of honor not to take up arms against the Confederate States, or to do any military duty whatever, or to give any information that may be prejudicial to the interests of the same, until regularly exchanged. This parole is unconditional, and extended to a wounded officer for the sake of humanity, to save a painful and tedious journey to the rear.

Roy Stone, Colonel 149th Pennsylvania Volunteers.

Other paroles declared that if they were not recognized by the Federal authorities, the parties would report at Richmond as prisoners of war within a certain number of days, or that they would not take up arms until exchanged, even if they were required to do so by their government.

While the views of the Confederate Government were such as I have represented, it was not disposed to risk the continuance of the cartel by insisting upon them. It agreed to ignore the previous practice as a rule for the future, insisting, however, that the paroles which had been given on both sides previous to the date of the communication of the general orders to me, to wit, 23d of May, 1863, should be held to be valid. Accordingly, on the 24th of August, 1863, I made the following proposal to the Federal agent: “I propose that all paroles on both sides heretofore given, shall be determined by the general orders issued by the War Department of the United States, to wit: No. 49, No. 100, and No. 207, of this year, according to their respective dates, and in conformity to Paragraph 131 of General Order 100, so long as said paragraph was in force. If this proposition is not acceptable, I propose that the practice heretofore adopted respecting paroles and exchanges be continued. In other words, I propose that the whole question of paroles be determined by the general orders of the United States, according to dates, or that it be decided by former practice.”

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