The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1863-05-24
need Of guides, and impress them If they


cannot obtain them otherwise.
a. No person having been forced by
the enemy to serve as guide is punishable
for having done 90.
So. Ii a citizen Of hostile and in
vaded district voluntarily serves as
guide to tho enemy or offers to do So he
is deemed a war traitor, and SD ell suffer
death
&c. A citizen serving voluntarily as
guide against his own country, commits
treason and will be dealt with according
to the law Of bis country.
o. Guides, when it IL clearly prove
that they have misled intentionally,
NAV be put TO death.
SO All unauthorized or secret com
munication with the enemy, is consid-
cred reasonable by the law Of war.
Foreign residents in an invaded or oc-
cupied territory, or foreign visitors in
the same, can claim no immunity from
this law. They may communicate with
foreign parts, or with the inhabitants OF
the hostile country 80 far as the mi lita
ry authority permits. but no further
Instant expulsion from the occupied ter
ritory would be the very least punish
ment for the infraelion of this rule
30. A messenger carrying written dis
patches, or verbal messages from one
portion of the army, or from beseiged
| place, TO another portion of the same ar
my, or to its Government, If armed and
in the uniform of his army, and If cap
tured Withholding so, in the territory Of the
enemy, is treated by the captor as pris-
cf
soldier, the circumstances connected with
his capture, must determine the disposi
ton that must be made of him.
100. A messenger or agent who at
tempts TO steal through the territory oc-
cupied by the enemy, to further in any
manner the interests of the enemy, if
captured is not entitled to the privileges
of the prisoner of war, and may be dealt
with accordingto the circumstances of
the case.
101. While deception is admitted as a
just aud necessary means of hostility,
and is consistent with honorable war
fare, the common law Of war allows even
capital punishment for clandestine or
treScherous attempts to injure an enem,,
because they are so dangerous, and it is
80 difficult to guard against them.
102 The law Of war, like the criminal
law regarding other offences, makes no
difference on account Of the difference of
the sexes, concerning the spy, the war
traitor or the war-rebel.
103. Spies, war TRAITORS and war-reb-
els are not exchanged according to the
common law of war. The exchange of
such persons would require special
cartel, authorized by the Government, or,
| at great distance from it, by the COM
| maDder Of the amy in the field.
| 104 A successful spy or war-traitor,
safely returned TO his own army, and af-
terward captured as an enemy, is not
subject TO punishment for his acts as a
spy or war-traitOr, but he may be held
ia close custody as person individually
dangerous fr8t kH
SECTION vi.
Exchange OF PrisOners...FIags of
Truce---Flags of Protection.
105 Exchanges Of prisoners take place,
number for number, rank for rank, woun-
ded for wounded, with added condition
for added condition, euch, for instance,
as not to serve for a ceI tain period.
lO6 In exchanging prisoners Of war,
such numbers of persons of inferior ran K
may he substituted as an equivalent for
one OF superior rank, as may be agreed
upon by cartel, which requires the sane
liOn of the Government or Of the COM
msnder of the army in the field.
107 A prisoner of war IL in honor
bound traly TO state to the captnr his
rank; and be Ia not TO ass ume a lower
rank than belongs to him, Ia order to
cause more advantageous exchange;
nor higher rank for the purpose of OBJ
tanning better treatment
Ofenses to the contrary have been
Justly punished by the commanders OF
released prisoners, and may be good
cause for refusing TO release such prison.
ers.
108, The surplus number of prisoners
Of war remaining afler an exchange has
taken place is sometimes released, either
for the payment Of stipulated sum of
money, or in urgent cases, Of provision,
clothing, or other necessaries.
Such arrangement, however, req uires
the sanction OF the highest authority.
100. The exchange of prisoners of
war is an act of convenience TO both
belligerents. III no general cartel has
been concluded, il cannot be demanded
by either of them. No belligerent is
obliged 70 exchange prisoners of war.
A cartel is vOidable as soon rs eithe
party has violated IT,
lilo No exchange Of prisoners shall
be made except after complete capture,
and after an accurate account of them,
aud q list OF the captured officers, has
been taken.
Ill. The bearer Of a flag of truce
cannot insist upon being admitted. He
must always be admitted with great
caution. Unnecessary frequency is
carefully TO be avoided.
ll2 Ii the bearer Of flag Of truce
offers himself during an engagement, he
can be admitted "a a very rare exception
only. 1t lie no breach of good faith to
retain such flag Of truce, il admitted
during the engagement. Firing is not
required to cease on the appearance OF
OF nag Of uuce Ia battle.
ll3. IL the bearer Of flag Of truce
presenting himself during the engage
ment, 10 killed or wounded, il furnishe,
no good ground Of complaint whatever
ia. Ii IL be discovered, and fairly
proved that 3 Gag OF truce has been
: abuse for surreptitousIy obtaining mill.
tary knowledge, the bearer Of toe ilar
; thus abusing his sacred character 4
I deemed a spy.
SO sacred is the character of Gag o.
truce, and so necessary is its sacredness
that while iis abuse 10 an especially
heinOus Offenee. great caution ia feouisite