If any dispute arises among the captors regarding the ownership or fair division of the latter, the commissioned officer next in rank above the disputants, on the spot where the dispute arises, shall decide the dispute, and the decision shall be final.
§ 40. It is the usage in European armies that money and all valuables on the person of a prisoner, such as watches or jewelry, as well as extra clothing, belong to the captor; but it distinguishes the army of the United States that the appropriation of such valuables or money is considered dishonorable, and not suffered by the officers.
Nevertheless, if large sums are found upon the persons of prisoners, they shall be taken from the prisoners, and appropriated for the army. Nor can prisoners claim, as private property, large sums found and captured in their train, although it had been placed in the private luggage of the prisoners. Such luggage must always be searched.
§ 41. 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 a prisoner of war to his individual captor, or to any officer in command. The government alone releases captives, according to rules prescribed by itself.
§ 42. Prisoners of war are subject to the confinement or imprisonment deemed necessary on account of safety, but they are subjected to no other intentional suffering or indignity. The confinement, or mode of releasing the prisoner, may be varied during his captivity according to the demands of safety.
§ 43. Prisoners of war are fed upon plain and wholesome food, according to circumstances, and are treated with all humanity.
They may be required to work for the benefit of the captor’s government, according to their rank and condition.
They may be temporarily assigned, under proper restrictions, to private citizens willing to take them, and with whom they may earn wages, and thus pay for their expenses.
§ 44. A prisoner of war, who escapes, may be shot, or otherwise killed in his flight; but neither death nor any other punishment is inflicted upon him simply for his attempt to escape, which the law of war does not consider a crime. Stricter means of security are used after an unsuccessful attempt at escape.
If, however, a conspiracy is discovered, the purpose of which is a united or general escape, the conspirators are rigorously punished, even with death, as capital punishment is also inflicted upon prisoners of war discovered to have plotted rebellion against the authorities of the captors, whether in union with fellow-prisoners or other persons.