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 author. ity 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 pur pose; 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 provi sions 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 Nouveau 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. Halleck, (Intern. Law and Laws of War, p. 428, § 4,) says, non-combatants forfeit their exemption by inciting others to hostilities. Lieber's Instructions, (TT 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 gov ernment, the monarch and members of the hostile reigning family, male and female; the chief, and chief officers, of government; and all 66 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 and Laws of War, p. 443, § 24. Fugitives from allegiance are not provided for, as it would hardly be expedient 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 gov. ernment, 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 his 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." 1 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. 3 Halleck, Intern. Law & Laws of War, p. 436, § 16. Restraint. 808. Prisoners of war may be subjected to the restraint necessary' for their safe custody. The infliction upon them of any suffering or indignity is unlawful. 2 Wildman's Intern. Law, p. 26. 1 Prisoners of war may be confined or fettered, when necessary for their safe keeping. Halleck, Intern. Law & Laws of War, p. 430, § 7. Rights of prisoners. 809. A prisoner of war does not lose any of his rights, except that of liberty. His captivity only suspends the exercise of those rights with which it is inconsistent. Bluntschli, Droit Intern. Codifié, § 738. When prisoners of war may be punished. 810. A prisoner of war can not be punished for being an enemy, nor for lawful hostilities committed by him as such.' He may be punished for crimes' committed against the captor or the captor's people, for which he has not been punished by his own nation. Lieber's Instructions, TT 56, 59. 1 Opinions of Sir John Dodson, Sir John Campbell and Sir R. M. Rolfe, in Cases & Opinions in Constitutional Law, by Forsyth, p. 199. These crimes are not only such as are defined by this Code, but include others. Treason and other offenses committed in waging civil war. 811. The provisions of this Code as to prisoners of war do not prevent a nation from punishing its own members or domiciled residents, for any violation of its laws involved in their taking part in a civil war. Information. 812. Prisoners can not be required to give information concerning their own forces; nor if required to do so, can they be punished for giving false information. Lieber's Instructions, T 80. Perhaps an exception should be made in respect to services as guides. Deceit by prisoner. 813. If a prisoner assume a false rank or condition to affect his treatment in respect of confinement or exchange, his release may be refused, and he may be. punished on recapture after release obtained by such means. Lieber's Instructions, ¶ 107. Compulsory labor. 814. Prisoners of war can not be required to work. for the captor, except for their own support, in case their own nation fails to provide adequately for them, and then only according to their rank and station;' and not in any service which directly subserves a military purpose.' 1 Lieber's Instructions, ¶ 76. Halleck, (Intern. Law & Laws of War, p. 436, § 15,) says, they are not required to do so beyond the police duty of camp and garrison, and also where the enemy refuses to provide for them, and in extreme cases. This qualification is obviously proper. Subject to retaliatory measures. 815. All prisoners of war are liable to the infliction of retaliatory measures. Lieber's Instructions, ¶ 59. See Article 758. "Parole" defined. 816. A parole is a 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. Lieber's Instructions, ¶ 120. Parole. 817. Engagements made by prisoners of war that for a period not exceeding the duration of the war |