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[288] as should fall into our hands. This order found us in possession of more than 6,000 prisoners taken on the 1st at Gettysburg.

About 3,000 of them were paroled, but their paroles were not recognized and they subsequently returned to the army without being exchanged, including some officers who solemnly pledged their honor to surrender themselves as prisoners in the event their paroles were not recognized by their government. The rest declined to give paroles because of the order before mentioned, and they were carried to Virginia and held in custody. In addition to our willingness to parole these men, General Lee proposed to make an exchange of prisoners after the battle, but it was declined. Now if the prisoners brought off by us from Gettysburg subsequently suffered in prison, who was responsible for that suffering?

The order in regard to the recognition of paroles was in violation of the well recognized principles of modern warfare. In the most ancient times, a captive taken in battle was held to have forfeited his life to his captors and it was always taken. After a time this was changed, and from motives of humanity the prisoner's life was spared and he became by the laws of war, even among the most civilized nations, the slave of his captor — his enslavement being justified on the ground that it was a boon to him to spare his life at the expense of his liberty. The justice of this rule is recognized in Holy Writ itself, and the rule continued to prevail long after the commencement of the Christian era.

In the age of chivalry a modification of the rule prevailed, and a prisoner was allowed to ransom himself, when he could raise the means of doing so. In more modern times the system of paroles was adopted, and the prisoner was allowed to go at large upon pledging his honor not to take up arms against his captors until regularly exchanged, the penalty of a forfeiture of his parole being death if again captured. This is a contract between the prisoner and his captors, which his government

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