, 1863-07-25
The Policy of the War.


and servants, if they fall into the hands of
the American Army, are not prisoners of
war, unless the commander has reasons to
retain them. In this latter case, or if, at
their own desire, they are allowed to re-
main with their captured companions, they
are treated as prisoners of war, and may
be exchanged if the commander sees fit.
A hostage is a person accepted as a
pledge for the fulfllment of an agreement
concluded between belligerents during the
war, or in consequence of war. Hosta-
ges are are in the present war
If hostage is accepted, he is treated
like prisoner of war, according to rank
and condition, as circumstances may ad-
nit.
A prisoner of war is subject to no pun
ishment for being a public enemy, nor is
any revenge wreaked upon him by the in
territorial inficton Of any suffering or dis
grace, by cruel punishment, want of food.
by m ltilation, death, or any other barbar-
ity.
SO soon as man is armed by sovereign
Government, and takes the soldiers oath
of fidelity, he is belligerent; his killing
wounding, or other warlike acts are no in
dividual crimes or offenses. Nc bellger-
ent has right to declare that enemies of a
certain class, color or condition when prop
erly organized as soldiers, will not be treat
ed by him as public enemies.
The law of nations knows of no distinc-
ticn of color, and if any enemy of the Uni
ted States should enslave and sell any cap
tured persons of their army, it would be a
case for the seyerest retaliation, if not re-
dressed upon complaint The United
States cannot retaliate by enslavement
therefore death must be the retaliation for
this crime against the law of nations.
A prisoner of war remains unanswerable
for his crimes committed against the cap
tor army or people, committed before he
was captured, and for which he has not
been punished by his own authorities. All
prisoners OF war are liable to the inAicuon
of retaliatory measures.
1t is against the usage of modern war
to resolve, in hatred and revenge, to give
no quarter. No body of troops has tie
right to declare that it will not give, and,
therefore, will not expect quarter; but a
commander is permitted to direct his troops
to give no quarter, in great straits when
his own salvation makes it impossible TO
cumber himself with prisoners.
Troops that give no quarter have no right
to kill enemies already disabled on the
ground, OF prisoners captured by other
troops.
All troops of the enemy, known or dis
covered to give no quarter in general, or
to any portion of the army, receive none.
Troops who fight in the uniform of their
enemies, without any, striking and uniform
mark of distinction of their own. can ex
pect no quarter.
If American troops capture train con-
tanning uniforms of the enemy, and the
commander considers it advisable to dis
tribute them for use among his men, some
striking mark or sign must be adopted to
distinguish the American soldier from the
enemy.
The use o. the enemy's national stand
ard, flag, or other emblem of nationality.
for the purpose of deceiving the enemy in
battle, is an act of perfdy by which they
lose all claim TO protection of the laws Of
war.
Quarter having been given to an enemy
by American troops, under misapprehen-
sion of his true character, he may, never
theless, be ordered to suffer death if. with
in three days after the battle, it is discov-
cred that he belongs to a corps which gives
no quarter
Oulposs, sentinels or pckets are not to
be fired upon, except to drive them in, or
when positive order, special or general,
has been issued to that effect
The use of poison in any manner, be 1t
to poison wells or food, or arms, is wholly
excluded from modern warfare. He that
uses it puts himself out of the pale of the
law and usages of war.
Whoever Intentionally inhicts additional
wounds on an enemy already wholly dis
abled, or kills such an enemy, or Who or
ders or encourages soldiers to do so, shall
suffer death, if duly convicted, whether be
belongs to the army of the United States
or is an enemy captured after having com
mitted his misdeed
Money and other valuables on the per-
son Of prisoner, such as watches, Jewell
ry, as we'll as extra clothing, are regarded
by the American army as the private prop
erty of the prisoner, and the appropriation
of such vauables or money is considered
dishonorable, and is prohibited Never
theless, if large sums are found upon the
persons of prisoners, or in their possession,
they shall be taken from them, and the
surplus, after providing for their own sup
port, appropriated for the use of the army,
under the direction of the commander, un-
less otherwise ordered by the Government
Nor can prisoners claim as private proper
ty, large sums found and captured in their
train, although they had been placed in the
private luggage of the prisoners.
A prisoner of war who escapes may be
shot or otherwise killed in his flight, but
neither death nor any other punishment
shall be inflicted upon him simply for his
attempt to escape, which the law of war
does not consider a crime. Stricler means
of security shall be used after an unsuc-
cessful attempt to escape. If, however, a
conspiracy is discovered, the object of
which is a united or general escape, the
conspiritors may be vigorously punished
even with death and capital punishment
may also be inflicted upon prisoners of war
discovered to have plotted rebellion against
the authorities of his captors, whether in
union with fellow prisoners or other per-
! sons.
A PEDAGoGUE was about to fog pupil
for having said he was fool, when the boy
cried out, /" Oh, don't, don't, | won't call