War of the Rebellion: Serial 118 Page 0677 CORRESPONDENCE, ETC. -UNION.

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82. Men or squads of men who commit hostilities, whether by fighting or inroads for destruction or plunder or by raids of any kind without commission without being part and portion of the organized hostile army and without sharing continuously in the war, but who do so with intermitting returns to their homes and avocations or with the occasional assumption of the semblance of peaceful pursuits, divesting themselves of the character or appearance of soldiers-such men or squads of men are not public enemies and therefore if captured are not entitled to the privileges of prisoners of war, but shall be treated summarily as highway robbers or pirates.

83. Scouts or single soldiers, if disguised in the dress of the country or in the uniform of the army hostile to their own employed in obtaining information, if found within or lurking about the lines of the captor are treated as spies and suffer death.

84. Armed prowlers by whatever names they may be called, or persons of the enemy's territory who steal within the lines of the hostile army for the purpose of robbing, killing or of destroying bridges,

roads or canals, or of robbing or destroying the mail, or of cutting the telegraph wires, are not entitled to the privileges of the prisoner of war.

85. War-rebels are persons within an occupied territory who rise in arms against the occupying or conquering army or against the authorities established by the same. If capture they may suffer death whether they rise singly in small or large bands and whether called upon to do so their own but expelled Government or not. They are not prisoner of war; nor are they if discovered and secured before their conspiracy has matured to an actual rising or to armed violence.


Safe-conduct-Spies-War-traitors-Captured messengers-Abuse of the flag of truce.

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88. A spy is a person who secretly in disguise or under false pretense seeks information with the intention of communicating it to the enemy. The spy is punishable with death by hanging by the neck whether or not he succeed in obtaining the information or in conveying it to the enemy.

89. If a citizen of the United States obtains information in a legitimate manner and betrays it to the enemy, be he a military or civil officer or a private citizen, he shall suffer death.

90. A traitor under the law or a war-traitor is a person in a place or district under martial law who unauthorized by the military commander gives information of any kind to the enemy or holds intercourse with him.

91. The war-traitor is always severely punished. If his offense consists in betraying to the enemy anything concerning the condition, safety, operations or plans of the troops holding or occupying the place or district his punishment is death.

92. If the citizen or subject of a country or place invaded or conquered gives information to his own Government from which he is separated by the hostile army or to the army of his Government he is a war-traitor and death is the penalty of this offense.

93. All armies in the field stand in need of guides and impress them if they cannot obtain them otherwise.

94. No person having been forced by the enemy to serve as guide is punishable for having done so.