voted to religious worship, and to the arts and sciences, cannot be seized. All destruction, or intentional defacement of such establishments, of historic monuments or archives, or of works of science or art, is formally prohibited, save when commanded by urgent military necessity.

54. Private property, whether belonging to individuals or corporations, is to be respected, and can be confiscated only under the limitations contained in the following articles.

55. Means of transportation (railways, boats, etc.), telegraphs, factories of arms and munitions of war, although belonging to private individuals or corporations, may be seized by an invader, but must be restored at peace; if possible, with suitable indemnities.

56. Impositions in kind (requisitions), levied upon communes, or the residents of invaded districts, should bear direct relation to the general by recognized necessities of war, and should be in proportion to the resources of the district. Requisitions can only be made, or levied, with the authority of the commanding officer of the occupied district.

57. The invader may levy, in the way of dues and imposts, only such as are already established for the benefit of the state revenues. He employs them to defray the expenses of administration of the occupied territory, contributing in the same proportion in which the legal government was bound.

58. The invader cannot levy extraordinary contributions of money, save as an equivalent for fines, or imposts not paid, or for payments not made in kind. Contributions in money can only be imposed by the order, and upon the responsibility, of the general-in-chief, or that of the superior civil authority established in the occupied territory; and then, as nearly as possible, in accordance with the rule of apportionment and assessment of existing imposts.

59. In the apportionment of burdens relating to the quartering of troops, and in the levying of requisitions and contributions of war, account is to be made of the charitable zeal displayed by the inhabitants in behalf of the wounded.

60. Impositions in kind, when they are not paid for in cash, and contributions of war, are authenticated by receipts. Measures should be taken to assure the regularity and bona fide character of these receipts.

III. PRISONERS OF WAR.

61. Prisoners of war are the prisoners of the captor's government, and not of the individuals or corps who captured them.

62. They are subject to the laws and regulations in force in the army of the enemy.

63. They must be treated with humanity.

64. All articles in their personal possession, arms excepted, remain their private property.

65. Every prisoner of war is obliged to disclose, when duly interrogated upon the subject, his true name and grade. Should he fail to do so, he may be deprived of all, or a part, of the privileges accorded to prisoners of his rank and station.

66. Prisoners of war may be confined in towns, fortresses, camps, or other places, with an obligation not to go beyond certain specific limits; but they may only be imprisoned as an indispensable measure of security.

67. Every act of insubordination, on the part of a prisoner of war, authorizes the resort to suitable measures of severity on the part of the government in whose hands he is.

68. Prisoners of war attempting to escape may, after having been summoned to halt or surrender, be fired upon. If an escaped prisoner be recaptured, before being able to rejoin his own army or to quit the territory of his captor, he is only liable to disciplinary penalties; or he may be subjected to a more rigorous confinement. If, after having successfully effected his escape, he is again made a prisoner, he incurs no penalty for his previous escape. If, however, the prisoner so recaptured, or retaken, has given his parole not to attempt to escape, he may be deprived of his rights as a prisoner of war.

69. The government having prisoners of war in its hands, is obliged to support them. If there be no agreement between the belligerents upon this point, prisoners of war are placed, in all matters regarding food and clothing, upon the peace footing of the troops of the state which holds them in captivity.

70. Prisoners cannot be compelled to take any part whatsoever in operations of war. Neither can they be compelled to give information concerning their army or country.

71. They may be employed upon public works that have no direct. connection with the captor's military operations; provided, however, that such labor is not detrimental to health, nor humiliating to their military rank, if they belong to the army; or to their official or social position, if they are civilians, not connected with any branch of the military service.

72. In the event of their being authorized to engage in private industries, their pay for such services may be collected by the authority in charge of them. The sums so received may be employed

in bettering their condition, or may be paid to them, at their release, subject to deduction, if that course be deemed expedient, of the expense of their maintenance.

IV. TERMINATION OF CAPTIVITY.

73. The captivity of prisoners of war ceases, as a matter of right, at the conclusion of peace; but their liberation is then regulated by agreement between the belligerents.

74. Captivity also ceases, in so far as sick or wounded prisoners are concerned, so soon as they are found to be unfit for military serv ice. It is the duty of the captor, under such circumstances, to send them back to their country.

75. During the continuance of hostilities, prisoners of war may be released in accordance with cartels of exchange, agreed upon by the belligerents.

76. Without formal exchange, prisoners may be liberated on parole, provided they are not forbidden, by their own government, to give paroles. In such a case they are obliged, as a matter of mili tary honor, to perform, with scrupulous exactness, the engagements which they have freely undertaken, and which should be clearly specified. On its part, their own government should not demand, or accept from them, any service contrary to, or inconsistent with, their plighted word.

77. A prisoner of war cannot be constrained to accept a release on parole. For a similar reason, the enemy's government is not obliged to accede to the demand of a prisoner of war to be released on parole.

78. Every prisoner of war, liberated on parole, who is recaptured in arms against the government to which he has given such parole, may be deprived of his rights and privileges as a prisoner of war; unless, since his liberation, he has been included in an unconditional exchange of prisoners.

V. TROOPS INTERNED IN NEUTRAL TERRITORY.

79. It is the duty of a neutral state, within whose territory commands, or individuals, have taken refuge, to intern them at points as far removed as possible from the theatre of war. It should pursue a similar course toward those who make use of its territory for warlike operations, or to render military aid to either belligerent.

80. Interned troops may be guarded in camps, or fortified places. The neutral state decides whether officers are to be released, on

parole, by taking an engagement not to quit neutral territory without authority.

81. In the event of there being no agreement with the belligerents concerning the maintenance of interned troops, the neutral state shall supply them with food and clothing, and the immediate aid demanded by humanity. It also takes such steps as it deems necessary to care for the arms and other public property brought into its territory by the interned troops. When peace has been concluded, or sooner, if possible, the expenses occasioned by the internment are reimbursed to the neutral state, by the belligerent state to whom the interned troops belong.

82. The provisions of the Geneva Convention of August 22, 1864 (Articles 10-18, 35–40, 59 and 74 above given), are applicable to the sanitary staff, as well as to the sick and wounded, who take refuge in, or are conveyed to, neutral territory.

83. Evacuations of sick and wounded, not prisoners of war, may pass through neutral territory, provided the personnel and material accompanying them are exclusively sanitary. It is the duty of the neutral state, through whose territory the evacuation is made, to take such measures of safety and necessary control as it may deem necessary to the rigorous performance of its neutral duty.

PART THIRD.

PENAL SANCTION.

84. Offenders against the laws of war are liable to the punishment specified in the penal, or criminal, law.

85. Reprisals are formally prohibited in all cases in which the injury complained of has been repaired.

86. In all cases of serious importance, in which reprisals appear to be absolutely necessary, they shall not exceed, in kind or degree, nor in their mode of application, the exact violation of the law of war committed by the enemy. They can only be resorted to with the express authority of the general-in-chief. They must conform, in all cases, to the laws of humanity and morality.

INSTRUCTIONS

ADRESSEES

PAR S. EXC. L'AMIRAL MINISTRE SECRETAIRE D'ETAT

AU DEPARTEMENT DE LA MARINE ET DES COLONIES

A MM. LES OFFICIERS GENERAUX, SUPERIEURS ET AUTRES

COMMANDANT

Les escadres et les bâtiments de Sa Majesté impériale.

Paris, le 25 juillet 1870.

MESSIEURS,

Vous trouverez ci-après reproduite la déclaration faite, le 20 de ce mois, au Sénat, et au Corps législatif, et constatant, la nécessité où s'est vue Sa Majesté de prendre les armes contre la Prusse, pour défendre l'honneur et les intérêts de la France et protéger l'équilibre général de l'Europe.

Cette déclaration nous met en état d'hostilités, non-seulement avec la Prusse, mais encore avec les pays alliés qui lui prêtent contre nous le concours de leurs armes. Ceux de ces Etats qui sont situés sur le littoral de la mer du Nord et de la Baltique, et que je dois en conséquence vous signaler plus particulièrement, sont: le grand-duché d'Oldenbourg, Brême, Hambourg, Lubeck et les grands-duchés de Mecklembourg.

Vous êtes donc, dès aujourd'hui, investis des droits de belligérants à l'égard de la Prusse et de ces divers Etats, et j'ai l'honneur de vous notifier les intentions de l'Empereur, relativement aux devoirs nouveaux qui résultent pour vous de cette situation, indépendamment de la part que vous aurez à prendre aux opérations militaires proprement dites, suivant les instructions spéciales que je vous adresserai, ou qui vous parviendront, à ce sujet, par la voie hiérarchique.

Voici la ligne de conduite que vous devez tenir, en exécution des ordres de Sa Majesté: