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 which he has not been punished by his own authorities.

All prisoners of war are liable to the infliction of retaliatory measures.

It is against the usage of modern war to resolve, in hatred and revenge, to give no quarter. No body of troops has the right to declare that it will not give, and therefore will not expect, quarter; but a commander is permitted to direct his troops to give no quarter, in great straits, when his own salvation makes it impossible to cumber himself with prisoners.

Troops that give no quarter have no right to kill enemies already disabled on the ground, or prisoners captured by other troops.

All troops of the enemy known or discovered to give no quarter in general, or to any portion of the army, receive none.

Troops who fight in the uniform of their enemies, without any plain, striking, and uniform mark of distinction of their own, can expect no quarter.

If American troops capture a train containing uniforms of the enemy, and the commander considers it advisable to distribute them for use among his men, some striking mark or sign must be adopted to distinguish the American soldier from the enemy.