701. Whoever intentionally inflicts additional wounds on, or kills an enemy already wholly disabled, or who orders or encourages soldiers to do so, shall, if duly convicted, suffer death, whether he belongs to the organized and active land forces of the United States, or is an enemy captured after having committed such a misdeed.

702. The law of war can no more wholly dispense with retaliation than can the law of nations, of which it is a branch. Yet civilized nations acknowledge retaliation as the sternest feature of war. A reckless enemy often leaves to his opponent no other means of securing himself against the repetition of barbarous outrage.

703. Retaliation will, therefore, never be resorted to as a measure of mere revenge, but only as a means of protective retribution, and, moreover, cautiously and unavoidably. The facts in a case having been ascertained with absolute certainty, they may, if practicable, be communicated to the commander of the enemy's forces for such action as he may deem appropriate. If the injury complained of is then repaired, or if satisfactory explanation of the occurrence is offered, with assurance of the continued enforcement of the laws of war and punishment of offenders, all ground for retaliation vanishes.

When reprisals are absolutely necessary they will only be resorted to with the express authority of the general in chief and must not exceed in degree the violation of the law of war committed by the enemy. The methods of retaliation must conform to the laws of humanity and morality; the maximum retribution for the fiendish atrocities of savage and half-civilized enemies is the infliction of death by hanging or shooting.

No general penalty, pecuniary or otherwise, shall be inflicted on the population on account of the acts of individuals for which it can not be regarded as collectively responsible.

Unjust or inconsiderate retaliation removes the belligerents far ther and farther from the mitigating rules of regular war, and by rapid steps leads them nearer to the internecine wars of savages.

704. Ever since the formation and coexistence of modern nations, and ever since wars have become great national conflicts, war has come to be acknowledged to be not its own end, but the means of attaining great ends of state, or to consist in defense against wrong. The more vigorously wars are pursued, the more humane they are in the end; but the law of war imposes many restrictions, based on principles of justice, faith, honor and humanity, on the ineans and methods adopted to injure the enemy.

SECTION II.-Public and private property of the enemy-Protection of persons, of religion, and of the arts and sciences-Punishment of crimes against the inhabitants of hostile countries.

PUBLIC PROPERTY.

705. A victorious army appropriates all public money, seizes all public movable property and holds the same awaiting instructions from its government, and sequesters for its own benefit or for its government all the revenues of real property belonging to the hostile government or nation. All means of public transportation and communication may be seized and used by the invading army. The destruction of public property, except as demanded by military necessity, is prohibited. The title to public real property remains in abeyance until finally determined in the treaty of peace.

706. As a general rule, churches, hospitals, or other establishments of an exclusively charitable character, and establishments of education or institutions for the promotion of knowledge, such as public schools, universities, academies, observatories, and museums, are not to be considered public property in the sense of paragraph 705; but they may be used when the public service demands it, and the property belonging to them may be taxed.

707. Works of art, libraries, scientific collections, and valuable astronomical and meteorological instruments, as well as hospitals, must be protected against all avoidable damage, even when contained in fortified places undergoing siege. Such works of art, libraries, collections, and instruments will not be removed, except as a measure of retaliation for similar acts. In no case shall they be sold or given away, nor shall they ever be privately appropriated, or wantonly destroyed or injured.

PRIVATE PROPERTY.

708. The United States acknowledges and protects religion and morality; strictly private property; the persons of the inhabitants, especially those of women, and the sacredness of domestic relations. Offenses to the contrary shall be rigorously punished.

This rule does not interfere with the right of the victorious invader to tax the people or their property, to levy forced loans, to billet soldiers, or to appropriate property, especially houses, lands, boats or ships, and churches for temporary and military uses.

709. No tax shall be collected except under a written order and on the responsibility of a commander in chief.

This collection shall only take place, as far as possible, in accordance with the rules in existence and the assessment of taxes in force.

For every payment a receipt shall be given to the taxpayer. 710. Private property, unless forfeited by crimes or by offenses of the owner, can be seized only by way of requisition or when justified by military necessity for the support or other benefit of the army or of the United States.

If the owner has not fled, the commanding officer will cause formal receipts to be given, which may serve the spoliated owner to obtain indemnity.

711. The salaries of civil officers of the occupied territory, such as judges and administrative or police officers, who remain, and with the sanction of the military government continue the work of their office as far as practicable under the circumstances arising out of the war, shall be paid out of the public revenue of the invaded territory; and other necessary expenses of administration shall be provided for out of the same fund.

PUNISHMENT OF CRIMES.

712. There exists no law or body of authoritative rules of action between hostile armies except that branch of the law of nature and nations which is called the law and usages of war on land.

All municipal law of the ground on which the armies stand, or of the countries to which they belong, is silent and of no effect between armies in the field.

713. All wanton violence committed against persons in the invaded country, all destruction of property not commanded by the authorized officer, all robbery, all pillage or sacking, even after taking a place by main force, all rape, wounding, maiming, or killing of such inhabitants are prohibited under the penalty of death, or such other severe punishment as may seem adequate for the gravity of

the offense.

A soldier, officer or private, in the act of committing such violence, and disobeying a superior ordering him to abstain from it, may be lawfully killed on the spot by such superior.

714. All captures and booty belong, according to the modern law of war, primarily to the government of the captor.

Neither officers nor soldiers are allowed to make use of their position or power in the hostile country for private gain, nor even for commercial transactions otherwise legitimate. Offenses to the contrary committed by commissioned officers will be punished by dismissal from the military service or by such other punishment as the nature of the offense may require; if by soldiers, they shall be punished according to the nature of the offense.

SECTION III.-Prisoners of war

-Deserters-Hostages.

PRISONERS OF WAR.

715. A prisoner of war is a person, armed or unarmed, forming part of the hostile army or attached to it for active aid, and who has fallen into the hands of the captor, on the field or in the hospital, by individual surrender or by capitulation.

When thus captured, all soldiers of whatever species of arms; all men belonging to a rising en masse of the hostile country; all who are attached to the army for its efficiency and promote directly the object of the war, except persons hereinafter specifically mentioned; all disabled men and officers on the field or elsewhere; all enemies who have thrown away their arms and asked for quarter, are prisoners of war and as such exposed to the inconveniences as well as entitled to the privileges pertaining to that condition.

716. Moreover, civilians who accompany an army for whatever purpose, such as sutlers, contractors, interpreters, and newspaper correspondents, if captured may be detained as prisoners of war.

The head of the hostile government and members, male or female, of its reigning family, the chief officers of the hostile country, its diplomatic agents, and all persons of special use to the hostile army or its government, become prisoners of war if captured on territory not belonging to a neutral power.

717. If the people of a country, or of that portion thereof not yet occupied by the enemy, rise en masse under a duly authorized levy to resist the invader, they shall be considered as belligerents if they observe the laws and usages of war, and, in case of capture, shall be treated as prisoners of war.

718. No belligerent has the right to declare that he will treat every captured man in arms of a levy en masse as a brigand or bandit.

If, however, the people of a country, or any portion of the same, already occupied by an army, rise against it, they are violators of the laws of war, and are not entitled to their protection.

719. As soon as a man is armed by a sovereign government and takes the soldier's oath of fidelity, he is a belligerent; his killing, wounding, or other warlike acts are not individual crimes or offenses. No belligerent has a right to declare that enemies of a certain class, color, or condition, when properly organized as soldiers, will not be treated by him as public enemies.

720. When sovereign states make war upon each other the law of nations does not inquire into the reasons for such action, and

therefore, in regard to the treatment of prisoners, permits no departure from the rules of regular warfare in case the prisoners belong to the army of a government which the captor considers a wanton and unjust assailant.

721. A prisoner of war is subject to no punishment for being a public enemy, nor is any revenge wreaked upon him by the intentional infliction of any suffering or disgrace, by cruel imprisonment, want of food, by mutilation, death, or any other barbarity.

722. The law of nations knows of no distinction of color, and if an enemy of the United States should enslave and sell any captured persons of their army, it would be a case for the severest retaliation, if not redressed upon complaint.

The United States can not retaliate by enslavement; therefore death must be the retaliation for this crime against the law of nations.

723. A prisoner of war remains answerable for his crimes committed against the captor's army or people, committed before he was captured, and for which he has not been punished by his own authorities.

All prisoners of war are liable to the infliction of retaliatory

measures.

724. Money and other valuables on the person of a prisoner, such as watches or jewelry, as well as extra clothing, are to be regarded as the private property of the prisoner, and the appropriation of such valuables or money is considered dishonorable, and is prohibited.

Nevertheless, if large sums are found upon the persons of 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 may have been placed in the private luggage of the prisoners.

725. All officers, when captured, must surrender their 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 can not wear them during captivity.

726. A prisoner of war, being a public enemy, is the prisoner of the government, and not of the captor. No ransom can be paid by