War of the Rebellion: Serial 118 Page 0678 PRISONERS OF WAR AND STATE, ETC.

Search Civil War Official Records

95. If a citizen of a hostile and invaded district voluntarily serves as a guide to the enemy or offers to do so he is deemed a war-traitor and shall suffer death.

96. A citizen serving voluntarily as a guide against his own country commits treason and will be dealt with according to the law of his country.

97. Guides when it is clearly proved that they have misled intentionally may be put to death.

98. All unauthorized or secret communication with the enemy is considered treasonable by the law of war. Foreign residents in an invaded or occupied territory or foreign visitors in the same can claim no immunity-from this law. They may communicate with foreign parts or with the inhabitants of the hostile country so far as the military authority permits but no further. Instant expulsion from the occupied territory would be the very least punishment for the infraction of this rule.

99. A messenger carrying written dispatches or verbal massages from one portion of the army or from a besieged place to another portion of the same army or its Government, if armed and in the uniform of his army and if captured while doing so in the territory occupied by the enemy, is treated by the captor as a prisoner of war. If not in uniform nor a soldier the circumstances connected with has capture must determine the disposition that shall be made of him.

100. A messenger or agent who attempts to steal through the territory occupied by the enemy to further in any manner the interests of the enemy if captured is not entitled to the privileges of the prisoner of war and may be dealt with according to the circumstances of the case.

101. While deception in war is admitted as a just and necessary means of hostility and is consistent with honorable warfare the common law allows even capital punishment for clandestine or treacherous attempts to injure an enemy because they are so dangerous and it if so difficult to guard against them.

102. The law of war like the criminal law regarding other offenses makes no difference on account of the difference of sexes concerning the spy, the war-traitor or the war-rebel.

103. Spies, war-traitors and war-rebels are not exchanged according to the common law of war. The exchange of such persons would require a special cartel authorized by the Government or at a great distance from it by chief commander of the army in the field.

104. A successful spy or war-traitor safely returned to his own army and afterwards captured as an enemy is not subject to punishment for his acts as a spy or war-traitor, but he may be held in closer custody as a person individually dangerous.

SECTION VI.

Exchange of prisoner-Flags of truce-Flags of protection.

105. Exchanges of prisoner take place number for number, rank for rank, wounded for wounded, with added condition for added condition, such for instance as not to serve for a certain period.

106. In exchanging prisoner of war such numbers of persons of inferior rank may be substituted as an equivalent for one of superior rank as may be agreed upon by cartel, which requires the sanction of the Government or of the commander of the army in the field.