War of the Rebellion: Serial 118 Page 0674 PRISONERS OF WAR AND STATE, ETC.

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by them with death or otherwise it is not a breach against the law and usages of war requiring redress or retaliation.

49. A prisoner of war is a public enemy armed or attached to the hostile army for active aid who has fallen into the hands of the captor either fighting or wounded on the field or in the hospital by individual surrender or by capitulation. All soldiers of whatever species of arms; all men who belong to the rising en masse of the hostile country; all those wh are attached to the army for its efficiency and promote directly the object of the war except such as are hereinafter provided for; all disabled men or officers on the field or elsewhere if captured; all enemies who have thrown away their arms and ask for quarter are prisoners of war and as such exposed to the inconveniences as well as entitled to the privileges of a prisoners of war.

50. Moreover citizens who accompany an army for whatever purpose, such as sutlers, editors or reporters of journals or contractors, if captured may be made prisoners of war and detained as such. The monarch and members of the hostile reigning family, male or female, the chief and chief officers of the hostile Government, its diplomatic agents and all persons who are of particular and singular use and benefit to the hostile army or its Government are if captured on belligerent ground and if unprovided with a safe-conduct granted by the captor's Government prisoners of war.

51. If the people of that portion of an invaded country which is not yet occupied by the enemy or of the whole country at the approach of a hostile army rise under a duly authorized levy en masse to resist the invader they are now treated as public enemies and if captured are prisoners of war.

52. No belligerent has the right to declare that he will treat every captured man in arms of a levy en masse as a birgand or bandit. If, however, the people of a country or any portion of the same already occupied by an army rise against it they are violators of the laws of war and are not entitled to their protection.

53. The enemy's chaplains, officers of the medical staff, apothecaries, hospital nurses 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 remain with their captured companions they are treated as prisoners of war and may be exchanged if the commander sees fit.

54. A hostage is a person accepted as a pledge for the fulfillment of an agreement concluded between belligerents during the war or in consequence of a war. Hostages are rare in the present age.

55. If a hostage is accepted he is treated like a prisoner of war according to rank and condition as circumstances may admit.

56. A prisoner of war is subject to no punishment for being a public enemy nor is any revenge wreaked upon him by the intentional infliction of any suffering or disgrace, by cruel imprisonment, want of food, by mutilation, death or any other barbarity.

57. So soon as a man is armed by a sovereign Government and takes the soldier's oath of fidelity he is a belligerent; his killing, wounding or other warlike acts are no individual crimes or offenses. No belligerent has a right to declare that enemies of a certain class, color or condition when properly organized as soldiers will not be treated by him as public enemies.

58. The law of nations knows of no distinction of color, and if an enemy of the United States should enslave and sell any captured persons of their army it would be a case for the severest retaliation if not redressed upon complaint. The United States cannot retaliate by