sions of this Chapter; and they must be respected and protected accordingly. Substituted for the more special provisions of the Convention of Geneva, additional Article 13. ARTICLE 799. Chaplains, &c., to be respected and protected. Chaplains, &c., to be respected and protected. 799. Chaplains, ministers of the gospel, and priests of every religion, engaged in ministering, as such, to the forces of a belligerent, or to prisoners, or to any persons suffering in war, must be respected and protected by each belligerent, so long as they take no part in the hostilities.' The provisions of articles 787 and 788 apply to such persons and to the books and other articles used in their religious service. 1 Perhaps a badge should be required to be worn by them. CHAPTER LXIII. PRISONERS. ARTICLE 800. The right to take prisoners. 801. What persons may be taken prisoners. 803. Messengers. 804. Personal property of prisoners of war. 806. Surrender of side-arms. 807. Provision for maintenance of prisoners. 809. Rights of prisoner. 810. When prisoners of war may be punished. 811. Treason and other offenses committed in waging civil war. The right to take prisoners. 800. Any belligerent has a right to take prisoners. What persons may be taken prisoners. 801. The following persons may be taken prisoners, and no others: 1. Active enemies, as defined by article 746 ; 2. Those who are connected with the operations of the military forces, whether with or without the authority of the nation ; 3. The sovereign or chief executive officer of the enemy, or of his allies; 4. Officers of the civil government of the enemy whose functions directly subserve a military purpose; 5. Persons who are engaged in the country of the enemy, or within the military lines, in proclaiming opinions or disseminating information prejudicial to the success of the belligerent; 6. Persons charged with offenses against the provisions of this Book; or with a violation of the military law of the captor, when amenable thereto;' and, 7. Persons of whatever character found on the field of battle. Fioré, Noucean Droit Intern., v. 2, p. 296. Bluntschli, (Droit Intern. Codifié, § 594,) says, that all enemies may be taken prisoners; the inhabitants of the country may be, exceptionally, if the safety of the belligerent army requires it. He enumerates as proper subjects of capture, journalists and others who advance hostile opinions, the sovereign and diplomats of the enemy, and of his allies. 66 Lieber's Halleck, (Intern. Law and Lars of War, p. 428, § 4.) says, non-combatants forfeit their exemption by inciting others to hostilities. Instructions, (¶ 49, 50,) include among persons liable to be treated as prisoners of war, all men who belong to the rising en masse of the hos tile country; all those who are attached to the army for its efficiency, and promote directly the objects of the war; . . . citizens who accompany an army for whatever purpose, such as sutlers, editors or reporters of journals, and contractors;" and also, if captured on belligerent ground, and if unprovided with a safe conduct from their captor's government, "the monarch and members of the hostile reigning family. male and female; the chief, and chief officers, of government; and all persons who are of particular and singular use and benefit to the hostile army and its government." The term "active enemies," used in the text, and defined by Article 746, will include all of these whose possession is important to the victor. Surgeons, nurses and chaplains are usually classed among non-combatants, unless special reasons require an opposite treatment of them. Woolsey's Intern. Law, § 128; Lieber's Instructions, ¶ 53. If they are held by the commander, or at their own desire, they are to be treated as prisoners of war. 1 This will include deserters. See Vattel, Droit des Gens, liv. 3, ch. 8, 144; Halleck, Intern. Law & Laws of War, p. 443, § 24. Fugitives from allegiance are not provided for, as it is not proposed to suspend the right of expatriation during war. Persons not entitled to be treated as prisoners of war. 802. All prisoners taken in war are to be deemed and treated as prisoners of war, except the following: 1. Those who, not being impressed with the military character, are unlawfully waging hostilities; 2. Those who are unlawfully giving aid and comfort to the enemy; 3. Spies; 4. Pirates; and, 5. Those who are charged with a violation of provisions of this Book, or of the military law of the captor. Messengers. 803. Messengers, employed by the enemy between different positions or parts of his own forces, are entitled, whenever captured, to be treated as prisoners of war, unless employing treachery or disguise. Bluntschli, Droit Intern. Codifié, 639. Lieber, (Instructions, TT 99, 100,) says, that " a messenger carrying written despatches or verbal messages 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 his capture must determine the disposition that shall be made of him. 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." This rule, however, seems too harsh. Personal property of prisoners of war. 804. Subject to the next two articles, money and other valuables on the person of a prisoner of war, or in his possession, as well as clothing, remain his private property, and their appropriation by the captor is unlawful. Lieber's Instructions, ¶ 72. Sums of money. 805. If the captured money of a prisoner of war be more than is necessary for his support, the excess may be appropriated by the captor, to be disposed of as the national authority directs. Lieber's Instructions, ¶ 72. Surrender of side-arms. 806. Officers when taken prisoners must surrender their side-arms, unless the captor waives the surrender. Leave to retain side arms does not allow the prisoner to wear them. Lieber's Instructions, 73. Provision for maintenance of prisoners. 807. Prisoners of war must be sufficiently fed, clothed, sheltered and medically provided for by the captor, and treated in all respects with humanity.' 2 The enemy may be required to make good the expense, unless the detention be caused by the captor's refusal to exchange or ransom." Lieber's Instructions, ¶¶ 76, 79. As to their treatment, see also Woolsey's International Law, § 328. 2 Vattel, Droit des Gens, liv. 3, ch. 8, § 154; Halleck, Intern. Law & Laws of War, p. 434, §§ 14, 17. Halleck, Intern. Law & Laws of War, p. 436, 16, |