8. Persons sending, carrying, assisting in carrying, or receiving correspondence other than that authorized by the military commander, and all persons connected with clandestine acts of a disloyal tendency, being peculiarly dangerous by making hostile use of the military protection which by the modern law of war the victor extends to the property and persons of the conquered, will be punished in accordance with the customs and usages of the service.
9. The inhabitants of a country occupied by the forces of the United States must render obedience to the occupying military authority. If they take up arms in insurrection or render aid and assistance to the enemy, they become military insurgents or war traitors, and thereby forfeit their lives and property. Every one who was not in arms at the time of the occupation, and who has not continued in arms, but who subsequently takes up arms within the territory militarily occupied by the forces aforesaid, is not to be regarded as a prisoner of war, but shall be punished as a war traitor. Thus every one who comes within our lines as a non-combatant and afterward takes up arms is a military insurgent and war traitor. Officers or men sent by the enemy within our lines to recruit, thereby inciting insurrection, become themselves military insurgents, and shall suffer accordingly. Of this latter class are Knights of the Golden Circle, and members of other secret organizations, who secretly work to oppose the laws of the United States and encourage insurrection.
III. BRIGANDS AND GUERRILLAS.-1. The brigand is, in military language, the soldier who detaches himself from his troop or command and commits robbery, murder, and other crimes, and subjects himself to the awful punishment of death, even at the hands of his own Government, but more surely at those of the enemy.
2. The guerrilla is the self-constituted robber, who has no authority for his acts, whose name does not appear on the pay-rolls of either army, who lays down his arms, resuming the duties of the citizen, and again after a lapse of time taking up his arms at intervals for the purpose of carrying on a petty warfare, chiefly by raids, extortion, destruction, and massacre. Whoever shall be convicted of being a brigand or guerrilla shall suffer death.
IV. TRANSGRESSIONS OF THE LAWS OF WAR.-1. Whoever shall relieve the enemy with money, victuals, or ammunition, or shall knowingly harbor or protect an enemy, shall suffer death or such other punishment as shall be ordered by a court-martial [56th Art.of War]. All persons harboring, aiding, and succoring guerrillas are of this class, and will be punished accordingly.
2. All persons not in the military service who shall be convicted of uttering disloyal sentiments, oral, written, or printed, favoring the rebellion, shall be punished therefor by sentence of a military commission.
3. No law of Congression or restraining order revokes the laws of war which apply to confiscation of property to weaken the foe and strengthen ourselves. Property can and will be confiscated or assessed for transgressions as the occasion may justify.
4. Commanders are charged to see that the strictest punishments are inflicted not less rigorously on the enemy than on those of our own men who transgress the laws of war. All wanton violence committed against the persons and all robbery, pillage, sacking, rape, wounding, maiming, or killing are prohibited under the penalty of