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." 66 Instructions for the Government of Armies of the United States in the 93. All armies in the field stand in need of guides, and impress them if they can not obtain them otherwise. "94. No person having been forced by the enemy to serve as guide is punishable for having done so. "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 wartraitor, 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." Instructions for the Government of Armies of the United States in the "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 the 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." Instructions for the Government of Armies of the United States in the "Article 88 of the United States Instructions for the Government of Armies in the Field,' promulgated April 24, 1863, ... reads: '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.' Bluntschli, while embodying this rule in his tentative code, comments [Droit Int. Codifié, sec. 628] on it thus: 'The penalty should not, however, be applied except in the more dangerous cases; it would in most cases be out of all proportion with the crime. The usage has become less barbarous, and it suffices the more frequently to condemn them [spies] to close confinement or other analogous penalties.' He further says, speaking of the German military regulations of 1870, and apparently on the authority of Rolin Jaequemyns: The menace of death is often not avoidable, but should not however be applied except in cases where the culpability is really grave. From these citations it may be inferred Bluntschli holds that the severity of the punishment in each particular case should depend upon the resultant danger, a test which a military tribunal may naturally be presumed to apply to the facts upon which it reaches a decision. It does not appear practicable to draw a line between the more dangerous and less dangerous cases, and our own Regulations of 1863 do not attempt it." Mr. Gresham, Sec. of State, to Mr. Denby, min. to Chlna, No. 1033, March 21, 1895, MS. Inst. China, V. 162. "ARTICLE XXIX. An individual can only be considered a spy if, acting clandestinely, or on false pretences, he obtains, or seeks to obtain information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party. "Thus, soldiers not in disguise who have penetrated into the zone of operations of a hostile army to obtain information are not considered spies. Similarly, the following are not considered spies: Soldiers or civillians, carrying out their mission openly, charged with the delivery of despatches destined either for their own army or for that of the enemy. To this class belong likewise individuals sent in baloons to deliver despatches, and generally to maintain communication between the various parts of an army or a territory. “ARTICLE XXX. A spy taken in the act can not be punished without previous trial. "ARTICLE XXXI. A spy who, after rejoining the army to which he belongs, is subsequently captured by the enemy, is treated as a prisoner of war, and incurs no responsibility for his previous acts of espionage." Convention respecting the Laws and Customs of War on Land, The On April 15, 1904, Count Cassini, Russian ambassador at Washington, stated, by instruction of his Government, that "in case neutral vessels, having on board correspondents who may communicate war news to the enemy by means of improved apparatus not yet provided for by existing conventions, should be arrested off the coast of Kwantung or within the zone of operations of the Russian fleet, such correspondents shall be regarded as spies and the vessels provided with wireless telegraph apparatus shall be seized as lawful prize." Mr. Hay, Secretary of State, in taking note of this declaration said that the United States did not waive any right which it might have in international law in the case of any American citizen who might be arrested or of any American vessel that might be seized. For. Rel. 1904, 729. The British Government made a similar reservation. (For. Rel. 1904, 332, 333.) "A spy is a person sent by one belligerent to gain secret information of the forces and defenses of the other, to be used for hostile purposes. According to practice, he may use deception under the penalty of being lawfully hanged if detected. To give this odious name and character to a confidential agent of a neutral power, bearing the commission of his country, and sent for a purpose fully warranted by the law of nations, is not only to abuse language but also to confound all just ideas, and to announce the wildest and most extravagant notions, such as certainly were not to have been expected in a grave diplomatic paper; and the President directs the undersigned to say to Mr. Hülsemann that the American Government would regard such an imputation upon it by the cabinet of Austria, as that it employed spies, and that in a quarrel none of its own, as distinctly offensive, if it did not presume, as it is willing to presume, that the word used in the original German was not of equivalent meaning with 'spy' in the English language, or that in some other way the employment of such an opprobrious term may be explained. Had the Imperial Government of Austria subjected Mr. Mann to the treatment of a spy it would have placed itself without the pale of civilized nations, and the cabinet of Vienna may be assured that if it had carried, or attempted to carry, any such lawless purpose into effect in the case of an authorized agent of this Government, the spirit of the people of this country would have demanded immediate hostilities to be waged by the utmost exertion of the power of the Republic, military and naval." Mr. Webster, Sec. of State, to Mr. Hülsemann, Dec. 21, 1850. MS. Notes German States, VI. 265. See further as to Mr. Mann's case, supra, § 72. As to André's case, see 3 Phill. Int. Law (3d ed.), 168. 7. DESERTERS. § 1133. "48. Deserters from the American Army, having entered the serv ice of the enemy, suffer death if they fall again into the hands of the United States, whether by capture or being delivered up to the American Army; and if a deserter from the enemy, having taken service in the Army of the United States, is captured by the enemy, and punished by them with death or otherwise, it is not a breach against the law and usages of war, requiring redress or retaliation. Instructions for the Government of Armies of the United States in the VIII. TREATMENT OF THE WOUNDED. § 1134. "ARTICLE I. Ambulances and military hospitals shall be acknowledged to be neuter, and, as such, shall be protected Geneva Conven- and respected by belligerents so long as any sick or tion, 1864. wounded may be therein. "Such neutrality shall cease if the ambulances or hospitals should be held by a military force. “ART. II. Persons employed in hospitals and ambulances, comprising the staff for superintendence, medical service, administration, transport of wounded, as well as chaplains, shall participate in the benefit of neutrality, whilst so employed, and so long as there remain any wounded to bring in or to succor. "ART. III. The persons designated in the preceding article may, even after occupation by the enemy, continue to fulfill their duties in the hospital or ambulance which they serve, or may withdraw in order to rejoin the crops to which they belong. Under such circumstances, when these persons shall cease from their functions, they shall be delivered by the occupying army to the outposts of the enemy. "ART. IV. As the equipment of military hospitals remains subject to the laws of war, persons attached to such hospitals can not, in withdrawing, carry away any articles but such as are their private prop erty. “Under the same circumstances an ambulance shall, on the contrary, retain its equipment. "ART. V. Inhabitants of the country who may bring help to the wounded shall be respected, and shall remain free. The generals of the belligerent Powers shall make it their care to inform the inhabitants of the appeal addressed to their humanity, and of the neutrality which will be the consequence of it. "Any wounded man entertained and taken care of in a house shall be considered as a protection thereto. Any inhabitant who shall have entertained wounded men in his house shall be exempted from the quartering of troops, as well as from a part of the contributions of war which may be imposed. "ART. VI. Wounded or sick soldiers shall be entertained and taken care of, to whatever nation they may belong. "Commanders-in-chief shall have the power to deliver immediately to the outposts of the enemy soldiers who have been wounded in an engagement when circumstances permit this to be done, and with the consent of both parties. "Those who are recognized, after their wounds are healed, as incapapble of serving, shall be sent back to their country. "The others may also be sent back, on condition of not again bearing arms during the continuance of the war. "Evacuations, together with the persons under whose directions they take place, shall be protected by an absolute neutrality. "ART. VII. A distinctive and uniform flag shall be adopted for hospitals, ambulances and evacuations. It must, on every occasion, be accompanied by the national flag. An arm-badge (brassard) shall also be allowed for individuals neutralized, but the delivery thereof shall be left to military authority. "The flag and the arm-badge shall bear a red cross on a white ground. "ART. VIII. The details of execution of the present convention shall be regulated by the commanders-in-chief of belligerent armies, according to the instructions of their respective governments, and in conformity with the general principles laid down in this convention. ART. IX. The high contracting Powers have agreed to communicate the present convention to those Governments which have not found it convenient to send plenipotentiaries to the International Conference at Geneva, with an invitation to accede thereto. The protocol is for that purpose left open.' Convention for the amelioration of the condition of the wounded in the field, signed at Geneva, Aug. 22, 1864. The original signatories were Switzerland, Baden, Belgium, Denmark, The adhesion of the United States was proclaimed by President Arthur, "ARTICLE XXI. The obligations of belligerents with regard to the sick and wounded are governed by the Geneva Convention of the 22nd August, 1864, subject to any modifications which may be introduced into it." Convention respecting the Laws and Customs of War on Land, The The Hague Conference adopted a resolution as follows: "The conference, taking into consideration the preliminary steps taken by the Federal Government of Switzerland for the revision of the conven |