War of the Rebellion: Serial 118 Page 0681 CORRESPONDENCE, ETC. -UNION.

Search Civil War Official Records

Government an outlaw who may be slain without trial by any captor any more than the modern law of peace allows such international outlawry; on the contrary it abhors such outrage. The sternest retaliation should follow the murder committed in consequence of such proclamation made by whatever authority. Civilized nations look with horror upon offers of rewards for the assassination of enemies as relapses into barbarism.


Insurrection-Civil war-Rebellion.

149. Insurrection is the rising of people in arms against their Government or a portion of it, or against one or more of its laws, or against an officer or officers of the Government. It may be confined to mere armed resistance or it may have greater ends in view.

150. Civil war is war between two or more portions of a country or State, each contending for the mastery of the whole and each claiming to be the legitimate government. The terms is also applied to war of rebellion when the rebellious provinces or portions of the State are contiguous to those containing the seat of Government.

151. The term rebellion is applied to an insurrection of large extent an is usually a war between the legitimate Government of a country an portions or provinces of the same who seek to throw off their allegiance to it and set up a government of their own.

152. When humanity induces the adoption of the rules of regular war toward rebels, whether the adoption is partial or entire, it does in no way whatever imply a partial or complete acknowledgment of their government if they have set up one of them as an independent or sovereign power. Neutrals have no right to make the adoption of the rules of war by the assailed government toward rebels the ground of their own acknowledgment of the revolted people as an independent power.

153. Treating captured rebels as prisoners of war, exchanging them,

concluding of cartels, capitulations or other warlike agreements with them, addressing officers of a rebel army by the rank they may have in the same, accepting flags of truce, or on the other hank proclaiming martial law in their territory, or levying war taxes on forced loans, or doing any other act sanctioned or demanded by the law and usages of public war between sovereign belligerents neither proves nor establishes an acknowledgment of the rebellious people or of the government which they may have erected as a public or sovereign power. Nor does the adoption of the rules of war toward rebels imply an them extending beyond the limits of these rules. It is victory in the field that ends the strife and settles the future relations between the contending parties.

154. Treating in the field the rebellious enemy according to the law and usages of war has never prevented the legitimate Government from trying the leaders of the rebellion or chief rebels for high treason and from treating them accordingly unless they are included in a general amnesty.

155. All enemies in regular war are divided into two general classes; that is to say combatants and non-combatants or unarmed citizens of the hostile Government. The military commander of the legitimate Government in a war of rebellion distinguishes between the loyal citizen in the revolted portion of the country and the disloyal citizen. The disloyal citizens may further be classified into those citizens known to sympathize with the rebellion without positively aiding it and those