§ 94. Armistices and capitulations are sacredly to be observed, in good faith and military honor; and since capitulations imply many conditions and measures which cannot be altered or retraced, if the government does not ratify them, the utmost caution and undaunted fortitude must prevail in agreeing to them.
§ 95. Belligerents frequently conclude an armistice, while their plenipotentiaries are met to discuss the conditions of a treaty of peace; but, as often, the plenipotentiaries meet without a preliminary armistice. In the latter case, the war is carried on without any abatement, and the army must not suffer itself to be influenced by any inconvenience which the changes of fortune in the field may exercise on the diplomatic discussions. It belongs to the belligerent governments to adjust these inconveniences, and not to the generals to slacken the war on these, or, indeed, on any other occasions.
ASSASSINATION.
§ 96. 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, that 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 would follow the murder committed in consequence of such proclamation, made by whatever authority.
§ 97. The American people, as all civilized nations, look with horror upon offers of rewards for the assassination of any enemies, as relapses into the disgraceful courses of savage times.
The assassination of a prisoner of war, is a murder of the blackest kind, and if it takes place, in consequence of the offer of a reward or not, and remains unpunished by the hostile government, the Law of War authorizes the most impressive retaliation, so that the repetition of a crime most dangerous to civilization, may be prevented, and a downward course into barbarity may be arrested.
Suggestions may be addressed to Francis Lieber, No. 48 East 34th street, New York City.
TRANSCRIBER’S NOTES
- Silently corrected typographical errors.
- Retained anachronistic and non-standard spellings as printed.