When they shall make a demand to withdraw, the commander of the occupying forces shall fix the moment of their departure, which he cannot under any circumstances delay, except for a short period in case of military necessity. ART. III. The persons designated in the preceding article (II) may, even after occupation by the enemy, continue to fulfill their duties in the hospital or ambulance which they serve, or may withdraw in order to rejoin the corps to which they belong. Under such circumstances, when those persons shall cease from their functions, they shall be delivered by the occupying army to the outposts of the enemy. ART. IV. As the equipment of military hospitals remains subject to the laws of war, persons attached to such hospitals cannot, in withdrawing, carry away any articles but such as are their private property. Under the same circumstances an ambulance shall, on the contrary, retain its equipment. ADDITIONAL ARTICLE II.* Dispositions ought to be made by the belligerent powers to assure to the persons neutralized, who may fall into the hands of the enemy army, the complete enjoyment of their appointments. (See Additional Article VII.) * ADDITIONAL ARTICLE III. In the conditions provided for by Articles I and IV of the convention (of 1864), the denomination of ambulance applies to country hospitals and other temporary establishments, which follow the troops on the field of battle to receive there the sick and wounded. ART. V. Inhabitants of the country who may bring help to the wounded shall be respected, and shall remain free. The generals of the belligerent powers shall make it their care to inform the inhabitants of the appeal addressed to their humanity, and of the neutrality which will be the consequence of it. Any wounded man entertained and taken care of in a house shall be considered as a protection thereto. Any inhabitant who shall have entertained wounded men in his house shall be exempted from the quartering of troops, as well as from a part of the contributions of war which may be imposed. ADDITIONAL ARTICLE IV.* Conformably to the spirit of Article V, of 'the convention (of 1864), and under the reserves mentioned in the protocol of 1864, it is explained that, as regards the division of the charges relative to the lodgment of troops and the contributions of war, account will only be taken in an equitable degree of the charitable zeal exhibited by the inhabitants. ART. VI. Wounded or sick soldiers shall be entertained and taken care of, to whatever nation they may belong. Commanders-in-chief shall have the power to deliver immediately to the outposts of the enemy soldiers who have been wounded in an engagement, when circumstances permit this to be done, and with the consent of both parties. Those who are recognized after their wounds are healed as incapable of serving shall be sent back to their country. The others may also be sent back, on condition of not again bearing arms during the continuance of the war. Evacuations, together with the persons under whose directions they take place, shall be protected by an absolute neutrality. ADDITIONAL ARTICLE V.* In extension of Article VI of the convention (of 1864), it is stipulated that, with the reservation of officers, the detention of whom may be of importance to the success of the war, and within the limits fixed by the second paragraph of this article, the wounded who have fallen into the hands of the enemy, al though they may not have been recognized as incapable of service, ought to be sent back to their country after their wounds are healed, or sooner if it be possible, on condition always of not resuming their arms during the.continuance of the war. ART. VII. A distinctive and uniform flag shall be adopted for hospitals, ambulances, and evacuations. It must, on every occasion, be accompanied by the national flag. See note to Additional Article I. + See note under Article X for definition of evacuations. An arm badge shall also be allowed for individuals neutralized, but the delivery thereof shall be left to military authority. The flag and the arm badge shall bear a red cross on a white ground. ART. VIII. The details of execution of the present convention shall be regulated by the commanders-in-chief of belligerent armies, according to the instructions of their respective Governments, and in conformity with the general principles laid down in this convention. ART. IX. The high contracting powers have agreed to communicate the present convention to those Governments which have not found it convenient to send plenipotentiaries to the international conference at Geneva, with an invitation to accede thereto. The protocol is for that purpose left open. ART. X. The present convention shall be ratified, and the ratification shall be exchanged at Berne in four months, or sooner if possible. In witness whereof the respective plenipotentiaries have signed the same, and have affixed thereto the seal of their arms. Done at Geneva, the twenty-second day of August, one thousand eight hundred and sixty-four. (Signatures.) (The remaining articles of the convention of 1868, not published above are :) Concerning the marine. ADDITIONAL ARTICLE VI. The boats, which are at their risk and peril, during and after the combat, pick up, or which having picked up the shipwrecked or the wounded, convey them on board of a neutral or hospital ship, shall enjoy, until the completion of their mission, such a degree of neutrality as the circumstances of the combat and the situation of the vessels in conflict will allow to be applied to them. The appreciation of the circumstances is confided to the humanity of all the combatants. The shipwrecked and the wounded persons so picked up and saved cannot serve during the continuance of the war. ADDITIONAL ARTICLE VII. Every person employed in the religious, medical, or hospital service of any captured vessel is declared neutral. In quitting the vessel, he carries away the articles and the instruments of surgery, which are his private property. (See following article.) ADDITIONAL ARTICLE VIII. Every person designated in the preceding article (VII) ought to continue to fulfill his functions on board of the captured vessel, to assist in the evacuations of the wounded made by the victorious party, after which he ought to be free to rejoin his country, conformably to the second paragraph of the first additional article above mentioned. The stipulations of the second additional article above mentioned are applicable to the treatment of these persons. (See Additional Article II.) ADDITIONAL ARTICLE IX. Military hospital vessels remain subject to the laws of war, in what regards their equipment, they become the property of the captor; but the latter cannot divert them from their special occupation during the continuance of the war. Additional articles proposed to the above, together with discussions thereon by The laws of war, in reference to the persons of belligerents, are discussed in 3 "A prisoner of war who escapes may be shot, or otherwise killed in his flight; but neither death nor any other punishment shall be inflicted upon him simply for his attempt to escape, which the law of war does not consider a crime. Stricter means of security shall be 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 may be rigorously punished, even with death; and capital punishment may also be inflicted upon prisoners of was discovered to have plotted rebellion against the authorities of the captors, whether in union with the fellow prisoners or other persons." Instructions for the government of armies of the United States in the field, quoted in 2 Halleck's Int. Law (Baker's ed.), 44. "Prisoners of war may be released from captivity by exchange, and, under certain circumstances, by parole. "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. "The pledge of the parole is always an individual, but not a private act. "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. "Release of prisoners of war by exchange is the general rule, release by parole is the exception. "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." Ibid. "In April, 1865, General Grant wrote to General Lee that he proposed to receive the surrender of the Army of Northern Virginia ou the following terms, viz: "1. That rolls of all the officers and men were to be made in duplicate, one copy to be given to an officer of the selection of the former, the other to be retained by whomsoever the latter might appoint. "2. That the officers give their individual paroles not to take arms against the Government of the United States until properly exchanged, and each commander of a company or regiment to sign a like parole for his men. The arms, artillery, and public property to be parked and stacked, and turned over to the officers appointed by the former to receive them. That this do not include the side-arms of the officers, nor their private horses or baggage. "3. That, this being done, each officer and man shall be allowed to return to his home, and shall not be disturbed by the United States authority so long as they observe their paroles and the laws in force where they reside. "General Lee accepted these terms on the same day, and the other rebel armies subsequently surrendered on substantially the same terms. "By an agreement made the same month between General Johnston, commanding the Confederate army, and Major-General Sherman, commanding the Army of the United States, the Confederate armies then in existence were to be disbanded and conducted to their several State capitals, therein to deposit their arms and public property in the State ar-enal; and each officer and man to agree to cease from acts of war, and to abide the action of both State and Federal authorities. The number of arms and munitions of war to be reported to the Chief of Ordnance at Washington, subject to the future action of the Congress of the United States, and in the mean time to be used solely to maintain peace and order within the borders of the different States. The Executive of the United States to recognize the several State governments, on their officers and legislatures taking the oaths prescribed by the Constitu tion of the United States. The Federal courts in the several States to be re-established; the people and inhabitants of those States to be guaranteed their political rights and franchise so far as the Executive could do so. The executive authority of the Government of the United States not to disturb any of the people by reason of the war, so long as they lived in peace and quiet. In fact, a general amnesty to be established.” 2 Halleck's Int. Law (Baker's ed.), 349. As to exchange of prisoners, see 3 John Adams' Works, 63, 163; 7 ibid., 13, 41. (b) ARBUTHNOT AND AMBRISTER. § 348a. "When at war' (says Vattel) with a ferocious nation, which observes no rules and grants no quarter, they may be chastised in the persons of those of them who may be taken; they are of the number of the guilty, and by this rigor the attempt may be made of bringing them to a sense of the laws of humanity.' And again: ‘As a general has the right of sacrificing the lives of his enemies to his own safety or that of his people, if he has to contend with an inhuman enemy, often guilty of such excesses, he may take the lives of some of his prisoners, and treat them as his own people have been treated.' The justification of these princi ples is found in their salutary efficacy, for terror and for example. "It is thus only that the barbarities of Indians can be successfully encountered. It is thus only that the worse than Indian barbarities of European impostors, pretending authority from their Governments, but always disavowed, can be punished and arrested. "The two Englishmen, executed by order of General Jackson were not only identified with the savages with whom they were carrying on war against the United States, but one of them was the mover and promoter of the war, which, without his interference and false promises to the Indians of support from the British Government, never would have happened. The other was the instrument of war against Spain as well as the United States, commissioned by McGregor and expedited by Woodbine, upon their project of conquering Florida with these Indians and negroes. Accomplices of the savages, and, sinning against their better knowledge, worse than savages, General Jackson, possessed of their persons and of the proofs of their guilt, might, by the lawful and ordinary usages of war, have hung them both without the formality of a trial. To allow them every possible opportunity of refuting the proofs, or of showing any circumstance in extenuation of their crimes, he gave them the benefit of trial by a court-martial of highly respectable officers. The defense of one consisted solely and exclusively of technical cavils at the nature of part of the evidence; the other confessed his guilt. Mr. Adams, Sec. of State, to Mr. Erving, Nov. 28, 1818. MSS. Inst., Ministers. 4 Am. St. Pap. (For. Rel.), 544; adopted and approved in Lawrence's Wheaton, 588. See supra, §§ 190, 243. The court-martial in the case of Arbuthnot and Ambrister consisted of Maj. Gen. E. P. Gaines, president; members, Colonel King, Colonel Williams, Lieutenant Colonel Gibson, Major Muhlenberg, Major Montgomery, Captain Vashan, Colonel Dyer, Lieutenant-Colonel Lindsay, Lieutenant-Colonel Elliott, Major Fanning, Major Minton, Captain Crittenden, Lieutenant Glassel. The court met and was sworn on April 26, 1818. The trial occupied more than two days, and a great mass of testimony was taken. The first charge against Arbuthnot was for "exciting the Creek Indians to war against the United States;" the second was for "acting as a spy, aiding and comforting the enemy, and supplying them with the means of war." Both charges were sustained by specifications. A third charge followed, of exciting the Indians to murder Hambly and Doyle; but this charge was withdrawn, as not within the jurisdiction of the court. Twothirds of the court agreed to a finding that "the court, after mature deliberation, on the evidence adduced, find the prisoner, A. Arbuthnot, guilty of the first charge, and guilty of the second charge, leaving out the words 'acting as a spy;' and after mature reflection sentence him, A. Arbuthnot, to be suspended by the neck until he is dead." Ambrister was charged with "levying war against the United States," by taking command of hostile Indians and ordering a party of them "to give battle to an army of the United States." He was found guilty, and was sentenced to be shot; but this was afterwards reconsidered, and commuted to fifty stripes and a year's imprisonment. The next morning General Jackson issued the following order: "The commanding general approves the finding and sentence of the court in the case of A. Arbuthnot, and approves the finding and first sentence of the court in the case of Robert C. Ambrister, and disapproves the reconsideration of the sentence of the honorable court in this case. "It appears from the evidence and pleading of the prisoner that he did lead and command, within the territory of Spain (being a subject of Great Britain), the Indians at war against the United States, these nations being at peace. It is an established principle of the law of nations, that any individual of a nation making war against the citizens of any other nation, they being at peace, forfeits his allegiance and becomes an outlaw and pirate. This is the case with Robert C. Ambrister, clearly shown by the evidence adduced." If the ruling of the court martial rests upon the reason given by General Jackson when affirming it, it cannot be sustained. It is not a violation of the law of nations for a subject of a peaceful neutral power to volunteer his services to a belligerent; nor does such a volunteer, by taking part in belligerent warfare, "forfeit his allegiance or become" an outlaw and pirate. There has been no war in which a part of the combatants on both sides have not been drawn from states at peace with both of the belligerents. This was eminently the case with the American Revolution; the British army being largely manned by foreign auxiliaries, the army of the United States taking some of its most eminent officers from France and Germany. It does not follow, however, that the action of General Jackson may not be sustained when applied to savage warfare. Such a warfare had been waging between the United States and the Indians whom the defendants were charged with inciting to war. On November 30, 1817, not five months before the court-martial, a boat, containing forty soldiers of the United States, under the command of Lieutenant Scott, seven soldiers' wives, and five little children, while on its way up the Appalachicola |