War of the Rebellion: Serial 118 Page 0676 PRISONERS OF WAR AND STATE, ETC.

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prisoners or in their possession they shall be taken from them and the surplus after providing for their own support appropriated for the use of the army under the direction of the commander, unless otherwise ordered by the Government. Nor can prisoners claim as private property large sums found and captured in their train although they had been placed in the private luggage of the prisoners.

73. All officers when captured must surrender their side-arms to the captor. They may be restored to the prisoner in marked cases by the commander to signalize admiration of his distinguished bravery or approbation of his humane treatment of prisoners before his capture. The captured officer to whom they may be restored cannot wear them during captivity.

74. A prison of war being a public enemy is the prisoner of the Government and not of the captor. No ransom can be paid by a prisoner of war to his individual captor or to any officer in command. The Government alone releases captives according to rules prescribed by it self.

75. Prisoners of war are subject to confinement or imprisonment such as may be deemed necessary on account of safety, but they are to be subjected to no other intentional suffering or indignity. The confinement and mode of treating a prisoner may be varied during his captivity, according to the demands of safety.

76. Prisoners of war shall be fed upon plain and wholesome food whenever practicable and treated with humanity. They may be required to work for the benefit of the captor's Government according to their rank and condition.

77. 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. Stricter means of security shall be used after an unsuccessful attempt at escape. If, however, a conspiracy is discovered the purposed of which is a united or general escape the conspirators may be rigorously punished even with death; and capital punishment may also be inflicted upon prisoner of war discovered to have plotted rebellion against the authorities of the captors whether in union with fellow prisoners or other persons.

78. If prisoners of war having given no pledge nor made any promise on their honor forcibly or otherwise escape and are captured again in battle after having rejoined their own army they shall not be punished for their escape, but shall be treated as simple prisoners of war although they will be subjected to stricter confinement.

79. Every captured wounded enemy shall be medically treated according to the ability of the medical staff.

80. Honorable men when captured will abstain from giving to the enemy information concerning their own army, and the modern law of war permits no longer the use of any violence against prisoners in order to extort the desired information or to punish them for having given false information.


Partisans-Armed enemies to belonging to the hostile army-Scouts-Armed prowlers-War-rebels.

81. Partisans are soldier armed and wearing the uniform of their army but belonging to a corps which acts detached from the main body for the purpose of making inroads into the territory occupied by the enemy. If captured they are entitled to all the privileges of the prisoners of war.