75. Commissioned officers can give their parole only with the permission of a military superior, as long as such superior in rank is within reach.1

1G. O. 100, 1863, art. 126. As to paroling of officers interned in neutral territory vide infra, art. 414, Ch. XI.

76. No paroling on the battle field, no paroling of entire bodies of troops after a battle, and no dismissal of large numbers of prisoners, with a general declaration that they are paroled, is permitted or of any value."

4.77. A belligerent government may declare, by a general order, whether it will allow paroting, and on what conditions it will allow it.Such order is communicated to the enemy o zult la

G. O. 100, 1863, art. 132. But vide Les Lois de la Guerre Continentale, by Jacomet, par. 17, p. 36. "It is understood that the reserve formulated above in regard to the legislation of one of the bel ligerents, will be binding only on the nationals of the belligerent and not the government of the adverse State.

The belligerent who grants liberty on parole to prisoners of war is not bound to know if the laws of the country authorize them to accept their liberty,

Their government is bound by these obligations (par. 2, H. R.) even if its laws and regulations prohibit freedom on parole, but it has the right to inflict upon its nationals who may have accepted their freedom on parole authorized punishments for violations of laws in force or else make them return to the enemy.

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If liberty on parole is disavowed by his government his duty is to return himself to captivity, but if the enemy refuse to receive him or to relieve him of his parole, the prisoner is bound to conform to the agreements he has entered into."

78. H. R, Art. VIII, par. 2. Escaped prisoners who are retaken before being able to rejoin their own army or before. leaving the territory occupied by the army which captured them are liable to disciplinary punishment.

The words disciplinary punishment? are intended to exclude a sentence of death." The usual punishment for attempts to escape consist in curtailment of privileges or closer confinement or detention.

1 Hague Conference, 1899, pt. 1, p. 86 et seq. bin D

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ISO. Not punishable for previous escape.—H. R., Art. VIII, par. 3. Prisoners who, after succeeding in escaping, are again taken prisoners, are not liable to any punishment on account of the previous flight.

81. Can not force to accept parole.-H. R., Art. XI. A prisoner of war can not be compelled to accept his liberty on parole; similarly the hostile government is not obliged to accede to the request of the prisoner to be set at liberty on parole.

82. Violation of parole.-H. R. Art. XII. Prisoners of war liberated on parole and recaptured bearing arms against the government to whom they had pledged their honor, or against

the allies of that government, forfeit their right to be treated as prisoners of war, and can be brought before the courts.1

1 The courts referred to are the military courts contemplated under first paragraph of H. R. XII. According to the French Military Code, art. 204, sec. 2, "Every prisoner of war who, having broken his parole, is recaptured with arms in hand, is punished with death.' Les Lois Jacomet, art. 20, p. 37.

BUREAU OF INFORMATION.

83. Function of prisoners' information bureau.-H. R., Art. XIV, par. 1. A bureau of information for prisoners of war is instituted on the commencement of hostilities in each of the belligerent states, and, when necessary, in neutral countries which have received belligerents in their territory. It is the function of this office to reply to all inquiries about the prisoners. It receives from the various services concerned full information respecting internments and transfers, releases on parole, exchanges, escapes, admissions into hospital, deaths, as well as other information necesary to enable it to make out and keep up to date an individual return for each prisoner of war. The office must state in this return1 the regimental number, name and surname, age, place of origin, rank, unit, wounds, date and place of capture, internment, wounding, and death, as well as any observations of a special character. The individual return shall be sent to the Government of the other belligerent after the conclusion of peace.2

1 The word "card" is perhaps a better translation than the word "return.

2 See G. C., art. 4. It appears that some regulations should be formulated by the United States Government for carrying into effect this article, as also article 4 of the Geneva convention, in view of the requirement to keep each other informed even during the continuance of the war with information about the sick and wounded prisoners.

84. Valuables on battle field.-H. R., Art. XIV, par. 2. It is likewise the function of the bureau to receive and collect all objects of personal use, valuables, letters, etc., found on the field of battle or left by prisoners who have been released on parole, or exchanged, or who have escaped, or died in hospitals or ambulances, and to forward them to those concerned.

85. Bureaus enjoy free postage, etc.-H. R., Art. XVI, par. 1. Bureaus of information enjoy the privilege of free postages Letters, money orders, and valuables, as well as parcels by post, intended for prisoners of war, or dispatched by them, shall be exempt from all postal duties in the countries of origin and destination, as well as in the countries they pass through.1

1 Vide note 2, par. 83, supra. This article will require postal conventions and additional legislation for full compliance.ed

85a. Free import duties.-H. R., Art. XVI, par. 2. Presents and relief in kind for prisoners of war shall be admitted free of

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all import or other duties, as well as of payments for carriage by the State railways.1

1 No special legislation has been passed by Congress but regulations have been formulated by the Treasury Department for giving effect to this treaty stipulation.

86. Censorship.-The foregoing rule does not preclude censorship and regulations which the belligerent holding the prisoners may decide to establish with regard to receipt and dispatch of letters and other articles referred to.

PRISONERS' RELIEF SOCIETIES.

87. Duties of.-H. R., Art. XV. Relief societies for prisoners of war which are properly constituted in accordance with the laws of their country and with the object of serving as the channel for charitable effort shall receive from the belligerents, for themselves and their duly accredited agents, every facility for the efficient performance of their humane task within the bounds imposed by military necessities and administrative regulations. For the purpose of distributing relief, agents of these societies may be admitted to the places of interment, as also to the halting place of repatriated prisoners, if furnished with a personal permit by the military authorities and on giving an undertaking in writing to comply with all measures of order and police which the latter may issue.

PAY OF OFFICERS.-RELIGIOUS PRIVILEGES.-WILLS.

́88. Pay of officers.—H. R., Art. XVII. Officers taken prisoners shall receive the same rate of pay as officers of corresponding rank in the country where they are detained, the amount to be ultimately refunded by their own Government.1

1 But see G. C., art. 13, par. 142, which prescribes that the medical personnel shall receive the same pay and allowances " as persons of corresponding rank in the enemy's army,

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89. Religious freedom.-H. R., Art. XVIII. Prisoners of war shall enjoy complete liberty in the exercise of their religion, including attendance at the services of the church to which they may belong, on the sole condition that they comply with the measures of order and police issued by the military authorities.1

1 The simplest method for carrying out this obligation is to allow ministers of their religion to have access to the prisoners at the usual times of service. Chaplains attached to armies, so long as they confine themselves to their spiritual duties, can not be made prisoners of war, but they should be permitted to accompany prisoners of war into captivity if they desire to do so.

90. Prisoners' wills.-H. R., Art. XIX. The wills of prisoners of war are received or drawn up in the same way as for soldiers of the national army.

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The same rules shall be observed regarding death certificates as well as for the burial of prisoners of war, due regard being paid to their grade and rank.1

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1 Vide H. R. 14, supra, and G. C., art. 4. infra.

EXCHANGES.

91. Exchange can not be demanded. The exchange of prisoners is an act of convenience to both belligerents. If no general cartel has been concluded, it can not be demanded by either of them. ON belligerent is obliged to exchange prisoners of war. 1 G. O. 100, 1863, art. 109.

92, When exchange made. No exchange of prisoners shall be made except after complete capture, and after an accurate account of them and a list of the captured officers has been taken. 5.

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1G. O. 100, 1863, art. 110. +) L

93. Exchange of prisoners.-Exchanges of prisoners take place, number for number, rank for rank, disability for disability, with added condition for added condition-such, for instance, as not to serve for a certain period.

A1 GO. 100, 1863, art. 105.

~'94. Substitutions.—In exchanging prisoners of war such numbers of persons of inferior rank may be substituted as an equivalent for one of superior rank as may be agreed upon by cartel, which requires the sanction of the Government or of the commander of the army in the field.

95. Surplus.-The surplus number of prisoners of war remaining after an exchange has taken place is sometimes released either for the payment of a stipulated sum of money or, in urgent cases, of provision, clothing, or other necessaries. Such arrangement, however, requires the sanction of the highest authority.

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treatment of prisoners of rebels, are not exchanged The exchange of such perauthorized by the Govern

G. O. 100, 1863, art. 108. a kaya 96. Persons not entitled to demand war. Spies, war traitors, and war according to the common law of war. sons would require a special cartel, ment, or, at a great distance from it, by the chief commander of the army in the field. D

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97. In modern wars, exchange of prisoners has not been common, but the foregoing rules state accurately the practice of nations in this regard.

98. Repatriation.-H. R., Art. XX. After the conclusion of peace, the repatriation of prisoners of war shall be carried out as quickly as possible.

99. When repatriation delayed. The immediate repatriation of prisoners of war is not always possible, due to the following

causes:

1. Insufficiency of transport;

2. Obvious risk to captor State in restoring to the vanquished power troops of which it has been deprived; and

3. Some prisoners of war may be undergoing punishment for offenses committed during their imprisonment.

signature are hereto attached, is hereby accredited to the Commanding General,

United States Army, as with permis

news correspondent of the sion to accompany said troops, subject to the Regulations governing Correspondents with Troops in the Field and the orders of the commander of said troops..

This pass entitles the correspondent to passage on military railways and, when accommodations are available, on Army transports, with the privileges of a commissioned officer, including purchase of subsistence, forage and indispensable supplies when they can be spared.