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Instructions for the Government of Armies of the United States in the Field (Lieber Code). 24 April 1863.
Section VI : Exchange of prisoners -- Flags of truce -- Flags of protection - Art. 108.
Art. 108. 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.