of binding obligation during the continuance of the war, it matters not which party may have the surplus of prisoners." * * * "That all prisoners, of whatever arm of the service, are to be exchanged or paroled in ten days from the time of their capture, if it be practicable to transfer them to their own lines, in that time; if not, as soon thereafter as practicable."
Article nine provided that—
"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 nor postponed."
It is readily seen that both General Dix and General Hill acted with the utmost good faith in the formation of this cartel, with a common purpose in view, to the carrying out of which each pledged the good faith of his Government; and in Article nine they made ample provision to prevent any cessation in the work of exchanging promptly all prisoners captured during the war. And we now propose to show that this would have been the case but for the bad faith and bad conduct of the representatives of the Federal Government.
As was contemplated by the cartel, each of the two Governments appointed its Commissioners of Exchange to carry it into execution. On the part of the Federals, Major General E. A. Hitchcock was appointed, with two assistants, Col. Wm. H. Ludlow, and Captain (afterward Brigadier-General) John E. Mulford, as assistants. On the part of the Confederates, the late Judge Robert Ould, of the Eichmond (Va.) Bar, was the sole representative. The writer had the privilege of knowing both General Mulford and Judge Ould well, and, in his opinion, no better selections could have been made by their respective Governments. Judge Ould was a man of splendid judicial bearing, singular honesty of purpose and kindness of heart, with capacity both in speaking and in writing, to represent his Government with unsurpassed ability. General Mulford was a man of fair abilities, and of great kind-
