War of the Rebellion: Serial 118 Page 0675 CORRESPONDENCE, ETC. -UNION.

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enslavement therefore death must be the retaliation for this crime against the law of nations.

59. A prisoner of war remains answerable for his crimes committed against the captor's 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 infliction of retaliatory measures.

60. It is against the usage of modern war to resolve in hatred and revenge to give no quarter. No body of troops has the 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.

61. Troops that give no quarter have no right to kill enemies already disabled on the ground or prisoners captured by other troops.

62. All troops of the enemy known or discovered to give no quarter in general or to any portion of the Army receive none.

63. Troops who fight in the uniform of their enemies without any plain, striking and uniform mark of distinction of their own can expect no quarter.

64. If American troops capture a train containing uniforms of the enemy and the commander considers it advisable to distribute them for use among his men some striking mark or sign must be adopted to distinguish the American soldier from the enemy.

65. The use of the enemy's national standard, flag or other emblem of nationality for the purpose of deceiving the enemy in battle is an act of perfidy by which they lose all claim to the protection of the laws of war.

66. Quarter having been given to an enemy by American troops under a misapprehension of his true character he may nevertheless be ordered to suffer death if within three days after the battle it be discovered that he belongs to a corps which gives no quarter.

67. The law of nations allows every sovereign Government to make war upon another sovereign State and therefore admits of no rules or laws different of regular warfare regarding the treatment of prisoners of war although they may belong to the army a Government which the captor may consider as a wanton and unjust assailant.

68. Modern wars are not internecine wars in which the killing of the enemy is the object. The destruction of the enemy in modern war and indeed modern war itself are means to obtain that object of the belligerent which lies beyond the war. Unnecessary or revengeful destruction of life is not lawful.

69. Outposts, sentinels or pickets are not to be fired upon except to drive them in or when a positive order, special or general, has been issued to that effect.

70. The use of poison in any manner, be it 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.

71. Whoever intentionally inflicts additional wounds on an enemy already wholly disabled or kills such an enemy or who orders or encourages soldiers to do so shall suffer death if duly convicted, whether he belongs to the Army of the United States or is an enemy captured after having committed his misdeed.

72. Money and other valuables on the person of a prisoner, such as watches or jewelry as well as extra clothing, are regarded by the American Army as the private property of the prisoner and the appropriation of such valuables or money is considered dishonorable and is prohibited. Nevertheless if large sums are found upon the persons of