In the revolutionary times of 1776 there was no brutal treatment of prisoners of war by Americans. Washington was extremely solicitous that no act of barbarity should stain the sanctity of the cause. In a letter of May 11, 1776, Washington wrote to the President of Congress, recommending that measures be adopted to secure for prisoners of war the most humane treatment; and again to the Massachusetts Committee, February 6, 1776, he wrote, recommending that captives should be treated with humanity and kindness. The Continental Congress passed a resolution in 1776 that all taken with arms be treated as prisoners of war, but with humanity, and allowed the same rations as the troops in the service of the United States.
X.
The United States Government adopted the following rules in 1863 for the guidance of our armies, and published them in General Order, No. 100, April 24:—
11. The law of war not only disclaims all cruelty and bad faith concerning engagements concluded with the enemy during the war, but also the breaking of stipulations solemnly contracted by the belligerents in time of peace, and avowedly intended to remain in force in case of war between the contracting powers.
It disclaims all extortions and other transactions for individual gain; all acts of private revenge, or connivance at such acts.
Offences to the contrary shall be severely punished, and especially so if committed by officers.
14. Military necessity, as understood by modern civilized nations, consists in the necessity of those measures which are indispensable for securing the ends of war, and which are lawful according to the modern law and usages of war.