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The Provisional agreement for the exchange of naval prisoners of war, made and concluded at Halifax in the province of Nova Scotia on the 28th day of November 1812 between the Honourable Richard John Uniacke His Britannic Majestys attorney and advocate General for the province of Nova Scotia and William Miller Esquire Lieutenant in the Royal navy and agent for Prisoners of War at Halifax; and John Mitchell Esquire late consul of the united states at St Jago de Cuba, american agent for Prisoners of war at Halifax, having been transmitted to the Department of state of the United States for approval and John Mason Esquire Commissary General for Prisoners for the United States having been duely authorised to meet Thomas Barclay Esquire his Britanic Majestys agent for Prisoners of war and for carrying on an exchange of Prisoners for the purpose of considering and revising the said provisional agreement and the articles of the said agreement having been by them considered and discussed-it has been agreed by the said Thomas Barclay and John Mason subject to the ratification of both their governments that the said provisional agreement shall be so altered and revised as to stand expressed in the following words.
The Prisoners taken at sea or on land on both sides shall be treated with humanity conformable to the usage and practice of the most civilized nations during war; and such prisoners shall without delay, and as speedily as circumstances will admit, be exchanged on the following terms and conditions. That is to say- An admiral or a General commanding in cheif shall be exchanged for officers of equal rank or for sixty men each: a vice admiral or a Lieutenant General for officers of equal rank or for forty men each, a Rear Admiral or a Major General, for officers of equal rank, or for thirty men each; a Commodore with a broad pendant and a Captain under him or a Brigadier General for officers of equal rank or for twenty men each; a Captain of a line of Battle ship or a Colonel for officers of equal rank or for fifteen men each; a Captain of a frigate, or Lieutenant Colonel for officers of equal rank or for ten men each; Commanders of sloops of war, Bomb Catches, fire ships, and Packets or a Major for officers of equal rank, or for eight men each; Lieutenants or masters in the navy, or Captains in the army, for officers of equal rank, or for six men each; Masters-Mates, or Lieutenants in the army for officers of equal rank, or for four men each; Midshipmen, warrant officers, Masters of merchant vessels, and Captains of private armed vessels, or sub Lieutenants and Ensigns for officers of equal rank, or for three Men each: Lieutenants and mates of private armed vessels Mates of merchant vessels and all petty officers of ships of war, or all non commissioned officers of the army, for officers of equal rank, or for two men each-seamen and private soldiers one for the other.
All non combatants that is to say, surgeons and surgeons mates, Pursers, secretaries Chaplains and Schoolmasters, belonging to the army or men of war; surgeons and surgeons mates of merchant vessels, or Privateers; passengers, and all other men who are not engaged in the naval or Military service of the enemy, not being sea faring persons; all women and girls, and all Boys under twelve years of age; every person of the foregoing description, or of whatever description exempt from capture by the usage and practice of the most civilized nations when at war-if taken shall be immediately released without exchange and shall take their departure at their own charge, agreeably to passports to be granted them, or otherwise shall be put on board the next cartel which sails; persons found on board recaptured ships, whatever situation they may have held in the Capturing ship, shall not be considered as non combatants—non combatants are not to be imprisoned except for improper conduct, and if poor or unprovided with means to support themselves, the government of each nation will allow them a reasonable subsistence, having respect to their rank and situation in life.
American prisoners taken and brought within any of the dominions of his Brittanick majesty shall be stationed for exchange at Halifax in Nova Scotia-- Quebec, Bridgetown in Barbadoes, Kingstown in Jamaica-Falmouth and Liverpool in England and at no other posts or places. -and British prisoners taken and brought into the United States shall be stationed at Salem in Massachusets- Schnecteday in the state of New York-Providence in Rhode Island- Wilmington in Deleware, Annapolis in Maryland-Savannah in Georgia-New Orleans in Louisiana and at no other ports or places in the United States. -The Government of Great Brittain will receive and protect an agent to be appointed by the Government of the United States, to reside at or near each of the before mentioned places in the British Dominions for the purpose of inspecting the management and care which is taken of the american prisoners of war at each station: and the Government of the United States will in like manner receive and protect an agent, to be appointed by the British Government to reside at or near each of the stations before mentioned within the dominions of the United States for the like purpose of inspecting the management and care taken of the British prisoners of war at each of the stations-and each Government shall be at liberty to appoint an agent to reside at or near any Depot established for prisoners by the other nation, for the purpose of taking care and inspecting the state and situation of such prisoners-and such agents shall be protected respectively in the same manner as the agents at the stations for exchange.
Whenever a Prisoner is admitted to parole the form of such parole shall be as follows-