cartel has been concluded, it cannot be demanded by either of them. No belligerent is obliged to exchange prisoners of war. A cartel is voidable so soon as either party has violated it. 110. No exchange of prisoners shall be made except after complete capture, and after an accurate account of them, and a list of the captured officers has been taken. 111. The bearer of a flag of truce cannot insist upon being admitted. He must always be admitted with great caution. Unnecessary frequency is carefully to be avoided. 112. If the bearer of a flag of truce offer himself during an engagement, he can be admitted as a very rare exception only. It is no breach of good faith to retain such a flag of truce, if admitted during the engagement. Firing is not required to cease on the appearance of a flag of truce in battle. 113. If the bearer of a flag of truce, presenting himself during an engagement, is killed or wounded, it furnishes no ground of complaint whatever. 114. If it be discovered, and fairly proved, that a flag of truce has been abused for surreptitiously obtaining military knowledge, the bearer of the flag thus abusing his sacred character is deemed a spy. So sacred is the character of a flag of trace, and so necessary is its sacredness, that while its abuse is an especially heinous offense, great caution is requisite, on the other hand, in convicting the bearer of a flag of truce as a spy. 115. It is customary to designate by certain flags (usually yellow) the hospitals in places which are shelled, so that the besieging enemy may avoid firing on them. The same has been done in battles, when hospitals are situated within the field of the engagement. 116. Honorable belligerents often request that the hospitals within the territory of the enemy may be designated, so that they may be spared. An honorable belligerent allows himself to be guided by flags or signals of protection as much as the contingencies and the necessities of the tight will permit. 117. It is justly considered an act of bad faith, of infamy or fiendishness, to deceive the enemy by flags of protection. Such act of bad faith may be good cause for refusing to respect such flags. 118. The besieging belligerent has sometimes requested the besieged to designate the buildings containing collections of works of art, scientific museuins, astronomical observatories, or precious libraries, so that their destruction may be avoided as much as possible. SECTION VII.-The parole. 119. Prisoners of war may be released from captivity by exchange, and, under certain circumstances, also by parole. 120. The term parole designates the pledge of individual good faith and honor to do, or to omit doing, certain acts after he who gives his parole shall have been dismissed, wholly or partially, from the power of the captor. 121. The pledge of the parole is always an individual, but not a private, act. 122. The parole applies chiefly to prisoners of war whom the captor allows to return to their country, or to live in greater freedom within the captor's country or territory, on conditions stated in the parole. 123. Release of prisoners of war by exchange is the general rule; release by parole is the exception. 124. Breaking the parole is punished with death when the person breaking the parole is captured again. Accurate lists, therefore, of the paroled persons must be kept by the belligerents. 125. When paroles are given and received there must be an exchange of two written documents, in which the name and rank of the paroled individuals are accurately and truthfully stated. 126. Commissioned officers only are allowed to give their parole, and they can give it only with the permission of their superior, as long as a superior in rank is within reach. 127. No non-commissioned officer or private can give his parole except through an officer. Individual paroles not given through an officer are not only void, but subject the individuals giving them to the punishment of death as deserters. The only admissible exception is where individuals, properly sep. arated from their commands, have suffered long confinement without the possibility of being paroled through an officer. 128. No paroling on the battle-field; no paroling of entire bodies of troops after a battle; and no dismissal of large numbers of prisoners, with a general declaration that they are paroled, is permitted, or of any value. 129. In capitulations for the surrender of strong places or fortified camps, the commanding officer, in cases of urgent necessity, may agree that the troops under his command shall not fight again during the war, unless exchanged. 130. The usual pledge given in the parole is not to serve during the existing war, unless exchanged. This pledge refers only to the active service in the field, against the paroling belligerent or his allies actively engaged in the same war. These cases of breaking the parole are patent acts, and can be visited with the punishment of death; but the pledge does not refer to internal service, such as recruiting or drilling the recruits, fortifying places not besieged, quelling civil commotions, fighting against belligerents unconnected with the paroling belligerents, or to civil or diplomatic service for which the paroled officer may be employed. 13. If the government does not approve of the parole, the paroled officer must return into captivity, and should the enemy refuse to receive him, he is free of his parole. 132. A belligerent government may declare, by general order, whether it will allow paroling, and on what conditions it will allow it. Such order is communicated to the enemy. 133. No prisoner of war can be forced by the hostile government to parole himself, and no government is obliged to parole prisoners of war, or to parole all captured officers, if it paroles any. As the pledg ing of the parole is an individual act, so is paroling, on the other hand, an act of choice on the part of the belligerent. 134 The commander of an occupying army may require of the civil officers of the enemy, and of its citizens, any pledge he may consider necessary for the safety or security of his army, and upon their failure to give it he may arrest, confine, or detain them. SECTION VIII.-Armistice-Capitulation. 135. An armistice is the cessation of active hostilities for a period agreed upon between belligerents. It must be agreed upon in writing, and duly ratified by the highest authorities of the contending parties. 136. If an armistice be declared, without conditions, it extends no further than to require a total cessation of hostilities along the front of both belligerents. If conditions be agreed upon, they should be clearly expressed, and must be rigidly adhered to by both parties. If either party violates any express condition, the armistice may be declared null and void by the other. 137. An armistice may be general, and valid for all points and lines of the belligerents; or special, that is, referring to certain troops or certain localities only. An armistice may be concluded for a definite time; or for an indefinite time, during which either belligerent may resume hostilities on giving the notice agreed upon to the other. 138. The motives which induce the one or the other belligerent to conclude an armistice, whether it be expected to be preliminary to a treaty of peace, or to prepare during the armistice for a more vigor. ous prosecution of the war, does in no way affect the character of the armistice itself. 139. An armistice is binding upon the belligerents from the day of the agreed commencement; but the officers of the armies are responsible from the day only when they receive official information of its existence. 140. Commanding officers have the right to conclude armistices binding on the district over which their command extends, but such armistice is subject to the ratification of the superior authority, and ceases so soon as it is made known to the enemy that the armistice is not ratified, even if a certain time for the elapsing between giving notice of cessation and the resumption of hostilities should have been stipulated for. 141. It is incumbent upon the contracting parties of an armistice to stipulate what intercourse of persons or traffic between the inhabitants of the territories occupied by the hostile armies shall be allowed, if any. If nothing is stipulated, the intercourse remains suspended, as during actual hostilities. 142. An armistice is not a partial or a temporary peace; it is only the suspension of military operations to the extent agreed upon by the parties. 143. When an armistice is concluded between a fortified place and the army besieging it, it is agreed by all the authorities on this subject that the besieger must cease all extension, perfection, or advance of his attacking works as much so as from attacks by main force. But as there is a difference of opinion among martial jurists, whether the besieged have the right to repair breaches or to erect new works of defense within the place during an armistice, this point should be determined by express agreement between the parties. 144. So soon as a capitulation is signed, the capitulator has no right to demolish, destroy, or injure the works, arms, stores, or ammunition, in his possession, during the time which elapses between the signing and the execution of the capitulation, unless otherwise stipulated in the same. 145. When an armistice is clearly broken by one of the parties, the other party is released from all obligation to observe it. 146. Prisoners, taken in the act of breaking an armistice, must be treated as prisoners of war, the officer alone being responsible who gives the order for such a violation of an armistice. The highest authority of the belligerent aggrieved may demand redress for the infraction of an armistice. 147. Belligerents sometimes conclude an armistice while their plenipotentiaries are met to discuss the conditions of a treaty of peace; but plenipotentiaries may meet without a preliminary armistice; in the latter case, the war is carried on without any abatement. SECTION IX.-Assassination. 148. The law of war does not allow proclaiming either an individual belonging to the hostile army, or a citizen, or a subject of the hostile 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. SECTION X.-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 term is also sometimes 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, and is usually a war between the legitimate government of a country and 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, or 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 towards 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 hand, proclaiming Martial Law in their territory, or levying war-taxes or 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 towards rebels imply an engage. ment with 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, into 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 who, without taking up arms, give positive aid and comfort to the rebellious enemy, without being bodily forced thereto. 156. Common justice and plain expediency require that the military commander protect the manifestly loyal citizens, in revolted territories, against the hardships of the war as much as the common misfortune of all war admits. The commander will throw the burden of the war, as much as lies within his power, on the disloyal citizens of the revolted portion or province, subjecting them to a stricter police than the non-combat ant enemies have to suffer in regular war: and if he deems it appropriate, or if his government demands of him that every citizen shall, by an oath of allegiance, or by some other manifest act, declare his fidelity to the legitimate government, he may expel, transfer, imprison, or fine the revolted citizens who refuse to pledge themselves anew as citizens obedient to the law and loyal to the government. Whether it is expedient to do so, and whether reliance can be placed upon such oaths, the commander or his government have the right to decide. 157. Armed or unarmed resistance by citizens of the United States against the lawful movements of their troops is levying war against the United States, and is therefore treason. ARTICLE LXX. INSPECTIONS. 1320. Divisions and brigades will be inspected between the fifteenth and twentieth of each month by inspecting officers designated for the purpose.-[G. O. 5, 1866.] 1321. The commanders of regiments and posts will make an inspection of their commands on the last day of every month.-[Regs. 1863, ¶ 304.] 1322. Captains will inspect their companies every Sunday morning. No soldier will be excused from Sunday inspection except the guard, the sick, and the necessary attendants in the hospital.-[Regs. 1863,¶ 304.] 1323. Medical officers having charge of hospitals will make a thorough inspection of them every Sunday morning.-[Regs. 1863, ¶ 304.] 1324. Troops will be inspected when mustered for payment.-[Regs. 1863, ¶ 304.] 1325. Besides these inspections, frequent visits will be made during the month by the commanding officer, company and Medical officers, to the men's quarters, the hospital, guard-house, &c.-[Regs. 1863, ¶ 305.] Except when otherwise specially provided for by the Secretary of War or 9.0.17/ the General of the Army, every military post, station, and command in the Army will be inspected at least once every year by Division or Department Inspectors, under the direction of their respective commanders.-[G. O. 84, 1879.] 1327. In addition to these inspections, post, station, and other permanent commanders will, between the first and fifth days of September in each year, make thorough inspections of their respective commands, and forward reports thereof, through the proper military channels, to the Inspector General's Office, at the Headquarters of the Army, so as to reach that office not later than October 1st. These reports are not to interfere or dispense with those of the inspecting officers.-[G. O. 84, 1879.] 1328. Division and Department Commanders will confine the expenses attending tours of inspection to the smallest limi: consistent with the efficient performance of that important duty. Regular inspecting officers should only be sent on special tours when some absolute good result can reasonably be expected from their reports. The Commanders can generally learn all that is requisite about their commands, especially after one inspection, without themselves visiting the several posts. When they deem it for the real interest of the service personally to inspect any portion of their commands, they will order no more than one staff officer to accompany them.-[G. O. 113, 1870.] 1329. The officers of the Inspector's Department, except when they are assigned with commands as Inspectors, act under the orders of the Secretary of War or General of the Army, and are not to be interfered with by other officers of whatever rank or position.-[G. O. 5, 1866.] 1330. Inspecting officers assigned to Divisions or Departments perform their duties under the immediate direction of their Commanding Generals. 1331. Officers not regularly assigned as Inspectors may, as occasion requires, be designated to make special inspections or investigations. But no officer shall use the title of Acting Inspector General or Acting Assistant Inspector General, unless so assigned from the Adjutant General's Office.-[G. O. 64, 1874; Circ. Insp. Gen., Nov. 2, 1868.] 1332. Inspections will be made under specific orders clearly defining their object, which will be exhibited to the officers whose troops or affairs are to be examined. Commanding officers are to see that every facility is afforded for such examination.[G. O. 5, 1866; G. O. 87, 1872.] 1333. Copies of all orders received by Inspectors for tours of inspection will be forwarded by them to the Inspector General at Washington, with a report of the dates of departure from and return to their posts in obedience thereto.—[Circ. Insp. Gen., Nov. 2, 1868.] 1334. Inspectors will give orders only when specially authorized to do so; and will then give them in the name of the officer authorizing it. They must report with strict impartiality all irregularities. They should refrain from informal conversation on the subjects of investigation, and from all expression of approval or disapprobation.-G. O. 5, 1866; G. O. 87, 1868; G. O. 87, 1872.] 1335. Inspectors will take care that no injustice be done to organizations or individuals by reports not fully sustained by thorough personal examination. When in " 182 73.83 576.86 vestigating reports, allegations, or irregularities prejudicial to the character of an officer, the inspector will make known to him the nature of the accusations against him, and give him opportunity to submit his own statement in writing, which statement shall form part of the inspector's report. Copies or extracts of all reports reflecting upon the character or efficiency of officers shall be furnished them by the commander to whom the inspector submits his report.-[G. O. 5, 1866; G. O. 5, 1874.] 1336. Before leaving a command, the Inspector will publicly inform the troops that opportunity will be given any soldier to lay before him a well-grounded complaint without any of his officers being present.—[ G. O. 5, 1866.] 1337. An Inspector detailed to investigate frauds or attempts to defraud the Government, or irregularities or misconduct of a military officer or agent, has authority to administer an oath to a witness.-[R. S., § 183.] 1338. The sphere of inquiry of Inspectors generally includes every branch of military affairs, and whether the military laws and regulations are fully complied with. In specific cases, it is defined and limited by the orders they receive.-[G. O. 5, 1866.] 1339. The following are general directions for making inspections:-[Regs. 1863, ¶¶ 471, 472; G. O. 5, 1866; G. O. 87, 1872; G. O. 84, 1879; Circ. Insp. Gen., Nov. 2, 1868. ] TROOPS. 1340. The forms for inspecting troops under arms are prescribed in the tactics for each arm of service. When the command is not less than a company, the inspection will generally be preceded by a review.-[Regs. 1863, ¶ 303.] 1341. The Inspector will always bear in mind the specialties of each arm. 1342. Report will be made as to the zeal and ability of commanding officers, and whether they possess the requisite professional knowledge for the proper exercise of their command; whether they preserve harmony and unanimity in the command, and observe the system of instruction and treatment of subordinates enjoined by the Regulations. 1343. Whether the officers are properly instructed and efficient. Special_report is to be made in case of any officer of intemperate or immoral habits, or who has improper associates, is addicted to gaming, or is unfit for active service by infirmity or other cause. 1344. Whether the number of men in ranks at inspection corresponds with the returns, and how absentees are accounted for. Whether the band exceeds the authorized number, and any men not musicians are mustered with it.-[G. O. 4, 1862.] 1345. As to the discipline, military appearance, and bearing of the troops; their instruction in all military exercises and duties; the nature and frequency of exercises and recitations in tactics; the target practice; whether they are practiced in marching with the full kit; the state of their batteries, or arms, equipments, and accoutrements of all kinds; the sufficiency, uniformity, and fit of their clothing; when the troops were last paid, and, if payment be deferred, the cause of delay. POSTS. 1346. When and by whom the post was last inspected; whether it be sufficiently garrisoned, and the armament and supplies of all kinds sufficient in kind and quantity; the strength of the garrison and its armament. 1347. Whether the commanding officer is familiar with the design and capacity for defense of the work, the ground in its vicinity, and the principles of defense of fortified places. In case of frontier and sea-coast forts, whether the commanders understand and properly execute the laws relating to neutrality, quarantine, &c., and the regulations prescribing international courtesy. 1348. As to the cleanliness, state of repair, and sanitary condition of barracks and quarters; as to the kitchens and messes, the sufficiency, variety, and preparation of food; of the guard-house, prisons, bake-house; of the hospital, and whether the sick are properly cared for; of the stables, harness, means of transportation and animals, the number unserviceable; in the case of Calvary and Artillery horses, as to their grooming, shoeing, veterinary treatment, and general condition. 1349. As to the capacity of the officers conducting the administrative and Staff services, the fidelity and economy of their disbursements, and whether payments. nd issues are made strictly in accordance with law and the Regulations. The regularity of issues and payments; whether supplies reported on hand are verified. 1350. Whether the labor of the supply departments is performed by troops or by civilians. If by civilians, their number, the cost, and reasons in justification of their employment. 1351. As to the condition of all public property and stores, and whether any is used for private purposes. Whether buildings and property are properly secured against fire, theft, exposure, and damage. Whether forage, wood, and Subsistence supplies are properly protected and under sentinels. 1352. As to whether Subsistence stores longest on hand have been issued first; whether sales have been made for the benefit of enlisted men, according to Regulations; whether there are bad or damaged stores on hand, the articles and quantities, and canse of damage. 1353. As to the water supply, how obtained, and if sufficient; the facilities for bathing; the system and condition of the drainage; and the means for extinguishing fires. 1354. As to the condition of the post schools; whether there are suitable rooms or buildings for the purpose, the attendance, and interest manifested. 1355. As to success and extent of cultivating a post garden. The Post Trader's establishment, whether acceptably supplied, with reasonable prices, and conducted according to Regulations. 1356. As to the management and application of the regimental, post, and company funds; whether the amounts reported on hand are verified, and particularly whether paragraph 528 of these Regulations in relation to creating a post fund is evaded or complied with. 1357. How the regimental, post, and company books, papers, and files, and the Chaplain's register (paragraph 256), are kept, and whether the prescribed rolls and returns are properly prepared and promptly forwarded. 1358. As to the mode of enforcing discipline by Courts-Martial, and by the authority of the officers; the propriety and legality of all punishments inflicted. 1359. As to the condition, requirements, &c., of post cemeteries.—[Circ. A. G. O., Sept. 29, 1879.] 1360. As to the neighboring Indian tribes, their number, disposition, and other information useful in a military view. 1361. As to the population, resources, routes, and means of travel, &c., of the surrounding country. INSPECTION REPORTS. 1362. Blank forms of reports for the various kinds of inspection are furnished by the Inspector General at Washington. Subjects not specified in the regular forms may be introduced under the title of General report," or be made in the ordinary mode of official communication. Confidential information will be conveyed in special reports, oral or written.-[G. O. 5, 1866; Circ. Insp. Gen., Nov. 2, 1868.] 1363. Irregularities, or violations of law, Regulations, or orders, misapplication of funds, or property, involving serious detriment to the service and requiring prompt correction, should be at once reported to the commander of the troops. Full reports of the same will be forwarded to the commander on whose Staff the Inspector is serving.-G. O. 5, 1866.] 1364. Matters requiring immediate action by a Commanding General, or the head of an administrative bureau, if the emergency demand, will be directly and specially reported.-G. O. 5, 1866.] 1365. Inspectors will pay especial attention in their reports to the manner in which all orders for reduction of expenses in the Army are executed.-[G. O. 96, 1867.] 1366. A report of each inspection of troops in the field, or at military posts or stations on the frontier, will be forwarded from the point where it is made as soon thereafter as the means of regular communication will permit.-[G. O. 55, 1869. ] 1367. Inspecting officers, before transmitting their reports to their commanders, will indorse thereon the remedies that have been applied by the local commanders for the correction of irregularities that may have been brought to their notice. All superior commanders will, in forwarding the reports, indorse them with their action, and such remarks as may be of importance for the information of the General of the Army.-[G. O. 55, 1869; G. O. 84, 1879.] 1368. Copies of all non-confidential inspection reports will be forwarded to the Inspector General at Washington, through the ascending channels of communication. Commanding officers only may forward copies of confidential reports.-[G. O. 5, 1866; G. O. 55, 1869.] INSPECTION OF ACCOUNTS OF DISBURSING OFFICERS. 1369. The inspections of disbursing officers' accounts, which are required by the act of Congress approved April 20, 1874, will be made quarterly, or four times within the year, with a reasonable interval between any two examinations.-[G. O. 64, 1874; G. O. 67, 1876.] 1370. Division and Department Commanders will usually provide for the inspec-1.0.14 tion of disbursing officers' accounts through the Inspectors attached to their headquarters, or by detail of suitable officers within their commands for the purpose. But when Inspector Generals are making inspections of Divisions or Departments under orders from the War Department or General of the Army, the inspection will be made by them as one of those prescribed, and the Commanding Generals will be notified accordingly.-[G. O. 64, 1874.] |