Page:The New International Encyclopædia 1st ed. v. 20.djvu/341

* "WAR. 285 WAR. (Art. 53). Hostages, rarely given and accepted to-day, are treated iis ]irisoiiers (Arts. o4-!in) . The recognized naval fo:ces are as follows: "Tlie oflicers and mm of tile navy, naval reserve, naval militia, and tluir auxiliaries; the olliccrs and men of all other armed vessels cruising under lawful authority." {United Stttles y<n-(il Win- Code, Art. 0). The personnel of all public un- armed vessels owned or in the enemy's service ; the personnel of merchant vessels, who in self- defense and in protection of the vessel resist attack, as well as "the personnel of the armed forces or armed vessels of the enemy, whether combatants or non-eonibatants, are entitled tn re- ceive the humane treatment due to prisoners of war" (Art. 10). Hospital shi])s and tlieir per- sonnel if strictly neutral are not liable to cap- ture (Arts. 21-25), and the religious, medical, and hospital personnel of any vessel captured during hostilities are inviolable, and on leaving ship may carry with them articles and instru- ments of surgery which are their jnivate prop- erty (Art. 20). In battle, the enemy may be wounded or killed; unresisting he has the right to fjuarter ; as pris- oner of war, his life, person, and property are placed under the protection of the captor. This applies to soldier and sailor; to the able-bodied, sick, wounded, or shipwrecked (Instruclions, Arts. 71,72; Xaral Code. Arts. 27-20). The cap- tured enemy is deprived of his arms and thus loses his enem.y character. He has, however, a right to support and nourishment ("plain and wholesome food," Iiistnictioiis, Art. 7), and if able-bodied may be made to work (though not to perform military service) for the benetit of the captors' government {Iiixtructions. Art. 70). Prisoners are subject to confinement or imprison- ment such as may be necessary either for their own or the captor's safety; but they are subject to no intentional suflfering or indignity. They should be treated with humanity and the sick and w^ounded receive medical treatment, accord- ing to the ability of the medical staff {In-^truc- tions. Arts. 7.5, 79; Naval Code, Arts. 27-2!l). The status of prisoner, once established, con- tinues as long as the captor retains control of the person. It ends by a successful escape, but an unsuccessful attempt entails stricter confine- ment. An escaping ]irisoner may, however, be shot or otherwise killed (Iiwiriictiovs, Art. 77). The status likewise ends by exchange, officer for officer of equal rank, private for private, and a stated number of inferior for sviperior officers, according to the cartel or formal agreement of the belligerents (Instructions, Arts. 105-110). Or the prisoners may be paroled, that is, set free, upon an express promise not to serve in a mili- tary capacity against the captor during the con- tinuance of the war. Only an officer may pledge his honor, that is. give his word or parole for himself and soldiers; if the parole thus given be rejected by his Government officers and soldiers must return to the enemy. Violation of the parole is punishable, on recapture, by death {Jnstrnctions, Arts. 119-1.34). An escaped pris- oner who joins his army is not punishable if sub- sequently captured (InsfrKctions, Art. 7S). It should be noted that armed bands acting without commission or authorization of any kind are not treated as prisoners, but as highway robbers or pirates {Instructions, Art, 82), Such is the present treatment of prisoners of war, the most recent fornnilation of which is found in the proceedings of the Hague I'eacc Con- ference of 1899, In ancient times the enemy was put to the sword or enslaved, acccniling to the captor's pleasure; in the Jliddle Ages little dif- ference seems to have been made between combat- ant and non-combatant. The doctrine is, how- ever, settled beyond need of argument that only the enemy in battle may be wounded or killed; that the unresisting enemy on the field or the vessel is entitled to quarter; and in captivity to like treatment, as far as circumstances per- mit, with the soldier and sailor of the captor, BiULiooHAPiiy. In addition to autliorities ap- pended to the article on Internationai. Law, consult Taylor, Public International Iaiw (Chi- cago, 1901); Davis, Elements of International Law (revised ed,. New York, 1900) ; 'ilson and Tucker, International Law (ib,, 1901); Scott, Cases on International Law, part ii, (Boston. 1902) ; Maine, International Law (London, 1888); Harcourt, Letters by Ilistoricus ( ib., 1863) ; W'ildman, Institutes of International Law, vol, ii. (ib., 1850) ; Slieldon Amos, h'rniedirs for War (ib,, 1880) ; IIolls, I'eaee Conference at Tim Hafiue (New York, 1900). This work is indis- pensable for a correct understanding of the sub- ject. The Instructions for the Oovernment of Armies of the United, males in the Field (1803) and The Laws and Usarjes of War at Hea { 1900) are given in convenient form in the appen<lix to Wilson and Tucker. For War in its purely mili- tary aspect see Strategy; Tactics; Army Ob- OAXIZATION. WAR, Department of. An executive depart- ment of the United States Government, created by act of Congress of August 7, 1789. It has at its head a secretary appointed by tlie President by and with the advice and consent of the Sen- ate for a period of four years. He ranks third among the Cabinet members in the line of suc- cession to the Presidency and receives a salary of .$8000 per year. He has charge of all matters relating to military affairs, subject to the direc- tion of the President, the distribution of stores, the Signal Service, the survey and improvement of harbors, and the administration of the insular possessions. He is required to make an annual report of the conduct of the department showing the number and distribution of the military forces together with a statement of the expendi- tures, of contracts for supplies and services, river and harbor improvements, the administra- tion of the insular territories, etc. The business of the War Department is distributed among a number of subdivisions or bureaus, each of which is under the supervision of a chief and inider the general supervision of the chief of staff. These include: the headquarters of the Army, through which the orders of the President are issued by the chief of staff; the office of the adjutant-general, which conducts the army cor- respondence, supervises the recruiting and enlist- ment service, receives reports from army officers, issues commissions, and preserves the records of the army: the office of the inspector-general: the • office of the quartermaster-general; the commis- sary department ; the office of the surgeon-gen- eral : the office of the paymaster-general : the office of the chief of engineers: the ordnance de- partment : the signal office ; the office of the