Monday, August 09, 2004
Notice by Affidavit
Notice by Affidavit of Sovereign Natural Capacity
I, me, myself am of lawful age and am competent to make this
Notice by Affidavit.
I, me, myself am a non-immigrant, non-naturalized, non-resident
alien, non-taxpayer, natural born free American, Sovereign man
and inhabitant of a geographical area in a State of the American
Union known as the Texas Republic.
I, me, myself am an American and nonresident alien with respect
to the "United States" * (ie, the District of Columbia, Guam,
American Samoa, Virgin Islands, Commonwealth of Puerto Rico,
etc.) with no income effectively connected with a trade or business
(26 USC 7701 (a) (26)) within the "United States" (government).
I, me myself have never knowingly, willingly, voluntarily and
intentionally inhabited the state of the forum (Forum Contractus
I, me, myself stand under THE DECLARATION OF
INDEPENDENCE: In Congress, July 4, 1776, THE UNANIMOUS
DECLARATION OF THE THIRTEEN UNITED STATES OF
AMERICA which states;
"When in the Course of human events, it becomes necessary for
one people to dissolve the political bands which have connected
them with another, and to assume among the Powers of the earth,
the separate and equal station to which the Laws of Nature and
of Nature's God entitle them, a decent respect to the opinions of
mankind requires that they should declare the causes which
impel them to the separation. We hold these truths to be self-
evident, that all men are created equal, that they are endowed by
their Creator with certain unalienable Rights, that among these
are Life, Liberty, and the pursuit of Happiness.
That to secure these rights, Governments are instituted among
Men, deriving their just powers from the consent of the governed."
and the preamble of
THE CONSTITUTION OF THE UNITED STATES OF AMERICA
"WE THE PEOPLE of the United States, in order to form a more
perfect union, ESTABLISH JUSTICE, insure domestic tranquility,
provide for the common defence, promote the general welfare, and
SECURE THE BLESSINGS OF LIBERTY TO OURSELVES AND
OUR POSTERITY, do ORDAIN and ESTABLISH this Constitution
for the United States of America."
Alan-Eugene; Thorn-Bacon (c) sui Juris
Sunday, August 01, 2004
Notice of Election
GENERAL ELECTIONS for the Republic of Texas
in all Districts to fill vacancies created
To find out how to qualify as a Citizen and Elector
visit the following websites:
Judy Scott 903-848-0902
This election is open to all Texans who qualify
by making a "Declaration of Allegiance"
as proof of qualification, which must be received
by your Republic of Texas District Election Judge
no later than August 30, 2004.
Posted by the Secretary of State for the Republic of Texas,
and Laws of the Republic of Texas
Jerry Rutledge, Secretary of State ad interim.
District volunteer election workers needed.
Saturday, July 10, 2004
Law According to Militias
- Express News - January 29, 1996
Many of the court documents filed by militia members follow a standard form, leading some legal officials to wonder whether they are copied from a central computer database [the Edification Library]. Some militia groups also publish how-to handbooks on drawing up forms. Their advice includes:
* A belief that the legal system must be revamped using guidelines provided by the Bible, English common law and the U.S. Constitution.
* A name spelled all in capitals or using initials in a legal document from the state is not a person's true name, and such documents are unlawful.
[lawful = Christian name - not Nom de Guerre (war name)]
* Use a general delivery address at your local post office for mail. By having mail delivered to your home, you are considered to be receiving a benefit from the state.
[Acceptance = compelled performance]
* During a court appearance, after placing a family Bible on the podium and serving the judge or prosecutor a judicial notice a militia member may say "further I sayeth not" and stand mute to keep a judge from opening a discussion.
According to legal scholars, militia members fighting misdemeanor cases generally use similar arguments to resist court authority.
* The defendant in municipal court answering minor charges, such as a traffic ticket, wants to be charged by indictment and have a jury trial.
* Traffic regulations that lead to revenue collection violate the litigants's rights under the U.S. Constitution to travel.
[no personal injury/property damage]
* The militia member wants the judge to prove he or she has jurisdiction.
* Municipal court judges are not true judges because of a flaw in their oath of office.
[Article 16 Section 1 Texas Constitution]
* The defendant does not have to pay a fine because paper money is illegal and only gold and silver should be used as a monetary standard.
[Article 1, Section 10, Clause 1; "No state shall use anything but gold and silver coin as tender in payment of debts."
Sunday, June 27, 2004
Civil Service Act
Civil Service Act- 1883
An act to regulate and improve the civil service of the United States.
Be it enacted . . ., That the President is authorized to appoint, by and with the advice and consent of the Senate, three persons, not more than two of whom shall be adherents of the same party, as Civil Service Commissioners, and said three commissioners shall constitute the United States Civil Service Commission. Said commissioners shall hold no other official place under the United States
SEC. 2. That it shall be the duty of said commissioners:
FIRST. To aid the President, as he may request, in preparing suitable rules for carrying this act into effect, and when said rules shall have been promulgated it shall be the duty of all officers of the United States in the departments and offices to which any such rules may relate to aid, in all proper ways, in carrying said rules, and any modifications thereof, into effect.
SECOND. And, among other things, said rules shall provide and declare, as nearly as the conditions of good administration will warrant, as follows:
First, for open, competitive examinations for testing the fitness of applicants for the public service now classified or to be classified hereunder. Such examinations shall be practical in their character, and so far as may be shall relate to those matters which will fairly test the relative capacity and fitness of the persons examined to discharge the duties of the service into which they seek to be appointed.
Second, that all the offices, places, and employments so arranged or to be arranged in classes shall be filled by selections according to grade from among those graded highest as the results of such competitive examinations.
Third, appointments to the public service aforesaid in the departments at Washington shall be apportioned among the several States and Territories and the District of Columbia upon the basis of population as ascertained at the last preceding census....
Fourth, that there shall be a period of probation before any absolute appointment or employment aforesaid.
Fifth, that no person in the public service is for that reason under any obligations to contribute to any political fund, or to render any political service, and that he will not be removed or otherwise prejudiced for refusing to do so.
Sixth, that no person in said service has any right to use his official authority or influence to coerce the political action of any person or body.
Seventh, there shall be non-competitive examinations in all proper cases before the commission, when competent persons do not compete, after notice has been given of the existence of the vacancy, under such rules as may be prescribed by the commissioners
as to the manner of giving notice.
Eighth, that notice shall be given in writing by the appointing power to said commission of the persons selected for appointment or employment from among those who have been examined, of the place of residence of such persons, of the rejection of any such persons after probation, of transfers, resignations, and removals, and of the date thereof, and a record of the same shall be kept by said commission....
THIRD. Said commission shall, subject to the rules that may be made by the President, make regulations for, and have control of, such examinations, and, through its members or the examiners, it shall supervise and preserve the records of the same . . .
FOURTH. Said commission may make investigations concerning the facts, and may report upon all matters touching the enforcement and effects of said rules and regulations, and concerning the action of any examiner or board of examiners hereinafter provided for, and its own subordinates, and those in the public service, in respect to the execution of this act.
FIFTH. Said commission shall make an annual report to the President for transmission to Congress, showing its own action, the rules and regulations and the exceptions thereto in force, the practical effects thereof, and any suggestions it may approve for the more effectual accomplishment of the purposes of this act.
SEC. 3. That said commission is authorized to employ a chief examiner, a part of whose duty it shall be, under its direction, to act with the examining boards, so far as practicable, whether at Washington or elsewhere, and to secure accuracy, uniformity, and justice in all their proceedings, which shall be at all times open to him.... The commission shall, at Washington, and in one or more places in each State and Territory where examinations are to take place, designate and select a suitable number of persons, not less than three, in the official service of the United States, residing in said State or Territory, after consulting the head of the department or office in which such persons serve, to be members of boards of examiners.... Such boards of examiners shall be so located as to make it reasonably convenient and inexpensive for applicants to attend before them; and where there are persons to be examined in any State or Territory examinations shall be held therein at least twice in each year. It shall be the duty of the collector, postmaster, and other officers of the United States, at any place outside of the District of Columbia where examinations are directed by the President or by said board to be held, to allow the reasonable use of the public buildings for holding such examinations, and in all proper ways to facilitate the same.
SEC. 6. That within sixty days after the passage of this act it shall be the duty of the Secretary of the Treasury, in as near conformity as may be to the classification of certain clerks now existing under . . . [Section I63] . . . of the Revised Statutes, to arrange in classes the several clerks and persons employed by the collector, naval officer, surveyor, and appraisers, or either of them, or being in the public service, at their respective offices in each customs district where the whole number of said clerks and persons shall be all together as many as fifty. And thereafter, from time to time, on the direction of the President, said Secretary shall make the like classification or arrangement of clerks and persons so employed, in connection with any said office or offices, in any other customs district. And, upon like request, and for the purposes of this act, said Secretary shall arrange in one or more of said classes, or of existing classes, any other clerks, agents, or persons employed under his department in any said district not now classified; and every such arrangement and classification upon being made shall be reported to the President.
Second. Within said sixty days it shall be the duty of the Postmaster-General, in general conformity to said. . . [Section I63] . . ., to separately arrange in classes the several clerks and persons employed, or in the public service, at each post-office, or under any postmaster of the United States, where the whole number of said clerks and persons shall together. amount to as many as fifty. And thereafter, from time to time, on the direction of the President, it shall be the duty of the Postmaster-General to arrange in like classes the clerks and persons so employed in the postal service in connection with any other post-office; and every such arrangement and classification upon being made shall be reported to the President.
Third. That from time to time said Secretary, the Postmaster general, and each of the heads of departments mentioned in . . . [Section I58] . . . of the Revised Statutes, and each head of an office, shall, on the direction of the President, and for facilitating the execution of this act, respectively revise any then existing classification or arrangement of those in their respective departments and offices, and shall, for the purposes of the examination herein provided for, include in one or more of such classes, so far as practicable, subordinate places, clerks, and officers in the public service pertaining to their respective departments not before classified for examination.
SEC. 7. That after the expiration of six months from the passage of this act no officer or clerk shall be appointed, and no person shall be employed to enter or be promoted in either of the said classes now existing, or that may be arranged hereunder pursuant to
said rules, until he has passed an examination, or is shown to be specially exempted from such examination in conformity herewith. But nothing herein contained shall be construed to take from those honorably discharged from the military or naval service
any preference conferred by . . . [Section 1754] . . . of the Revised Statutes, nor to take from the President any authority not inconsistent with this act conferred by . . . [Section I753] . . . of said statutes; nor shall any officer not in the executive branch of the government, or any person merely employed as a laborer or workman, be required to be classified hereunder; nor, unless by direction of the Senate, shall any person who has been nominated for confirmation by the Senate be required to be classified or to pass an examination.
SEC. 8. That no person habitually using intoxicating beverages to excess shall be appointed to, or retained in, any office, appointment, or employment to which the provisions of this act are applicable.
SEC. 9. That whenever there are already two or more members of a family in the public service in the grades covered by this act, no other member of such family shall be eligible to appointment to any of said grades.
SEC. IO. That no recommendation of any person who shall apply for office or place under the provisions of this Act which may be given by any Senator or member of the House of Representatives, except as to the character or residence of the applicant, shall
be received or considered by any person concerned in making any examination or appointment under this act.
SEC. II, That no Senator, or Representative, or Territorial Delegate of the Congress, or Senator, Representative, or Delegate elect, or any officer or employee of either of said houses, and no executive, judicial, military, or naval officer of the United States, and no clerk or employee of any department, branch or bureau of the executive, judicial, or military or naval service of the United States, shall, directly or indirectly, solicit or receive or be in any manner concerned in soliciting or receiving, any assessment, subscription, or contribution for any political purpose whatever, from any officer, clerk, or employee of the United States, or any department, branch, or bureau thereof, or from any person receiving any salary or compensation from moneys derived from the Treasury of the United States.
SEC. I2. That no person shall, in any room or building occupied in the discharge of official duties by any officer or employee of the United States mentioned in this act, or in any navy-yard, fort, or arsenal, solicit in any manner whatever, or receive any contribution of money or any other thing of value for any political purpose whatever.
Wednesday, June 23, 2004
To make this site easier to use, please goto the Table of Contents for the Lieber Code from start to finish.
Along the left side are the two "bills" passed prior to the ReConstruction Acts AND a discussion OF the ReConstruction Acts.
I will be adding the Civil Service Act which changed our elected to "servants" of the Executive, who is the "servant" of the SHADOW GOVERNMENT . . . International Banksters (rhymes with GANGSTERS)!
We HAVE domestic AND foreign enemies ON our soil, IN our Congress, Judiciary and the Executive branches!
You call this "separation of powers" ??? NOPE !!!
One group makes, judges and enforces 'law(s)' = tyranny . . .
What "one group" IS that? Attorneys in all three branches of government !!!
You have 3 votes in America:
1. For the Congress, President (lesser of two evils, right?)
2. Grand Jury - "consent of the governed" - if you only knew!
3. Trial by Jury - again, "consent of the governed" - juries CAN judge the facts AND the law(s) brought to them !!!
If a law is unjust, NO ONE is guilty under it. Period.
WE are the final "check" on out of control government !!!
Sunday, June 06, 2004
If it is to be it is up to us to do it!
A lot of us are doing research and sharing our information with each other. I intend to do seminars, one on ones, etc. to get more involved in putting our county/country back on track.
Some have property issues, trust issues, traffic and court/judgement issues . . .
Being INvolved is MUCH better than sitting back and watching !!!
If you are not part of the solution, you are part of the problem.
Electro-Mechanical, Assembly/Fabrication, Test/Troubleshooting, Repair/Maintenance, Calibration/Engineering Technician
Thursday, May 27, 2004
Case # 95-1002
Sunday, May 23, 2004
Proclamation of Liberty
(Leviticus 25:10 . . . proclaim Liberty throughout [all] the land
unto all the inhabitants thereof:)
We, the People; in order to form a more perfect union and set ourselves free from oppression; demand that all of the legislative branches of government: federal, state and local, including the President and Vice President, shall repeal and cease to enforce all and every piece of man-made legislation, all of which is criminal; fraudulent and treason against the God in Whom we trust and also against we His people.
YHWH ("I AM") has expressly forbidden men from legislating (Deuteronomy 4:2) and has commanded that any and all persons found guilty of so doing should be executed by public stoning, or by any other means available to carry out that task.
Usury is unlawful; expressly prohibited, and therefore:
We, the People demand that the Federal Reserve Bank be prohibited from charging interest and that all interest payments already paid to the FRB shall be refunded, in full, forthwith and redistributed equally amongst all the citizens of these united States of America.
We, the People therefore give the legislators, including the President and Vice-President, 15 days to take the necessary steps to repeal all previous man-made legislation and revert to enforcing only God's Laws in The Bible.
Failure to comply with this order from We, the People and the direct
Command of God; as expressed in The Bible; will result in the guilty being executed.
We, the People demand that all persons convicted under man-made legislation and therefore wrongfully imprisoned shall be released immediately and the judges who unlawfully condemned and sentenced them shall take their places in prison and personally, from their own funds, not the state purse, compensate the offended persons for their wrongful imprisonment.
Furthermore: anyone collaborating with the enemy; by seeking to or enforcing and/or administering any of the aforementioned illegal legislation against We, the People; is guilty of the same crimes as the legislators and will, according to God's Law, also be executed in accordance with The Law.
You have been warned.
Saturday, May 22, 2004
SECTION X - (Completed)
Article 154. Treating, in the field, the rebellious enemy according to the law and usages of war has never prevented the legitimate government from trying the leaders of the rebellion or chief rebels
for high treason, and from treating them accordingly, unless they are included in a general amnesty.
Article 155. All enemies in regular war are divided into two general classes - that is to say, into combatants and noncombatants, or unarmed citizens of the hostile government. The military
commander of the legitimate government, in a war of rebellion, distinguishes between the loyal citizen in the revolted portion of the country and the disloyal citizen. The disloyal citizens may further be classified into those citizens known to sympathize with the rebellion without positively aiding it, and those who, without taking up arms, give positive aid and comfort to the rebellious enemy without being bodily forced thereto.
Article 156. Common justice and plain expediency require that the military commander protect the manifestly loyal citizens, in revolted territories, against the hardships of the war as much as the common misfortune of all war admits. The commander will throw the burden of the war, as much as lies within his power, on the disloyal citizens, of the revolted portion or province, subjecting them to a stricter police than the noncombatant enemies have to suffer in regular war; and if he deems it appropriate, or if his government demands of him that every citizen shall, by an oath of allegiance, or by some other manifest act, declare his fidelity to the legitimate government, he may expel, transfer, imprison, or fine the revolted citizens who refuse to pledge themselves anew as citizens obedient to the law and loyal to the government. Whether it is expedient to do so, and whether reliance can be placed upon such oaths, the commander or his government have the right to decide.
Article 157. Armed or unarmed resistance by citizens of the United States against the lawful movements of their troops is levying war against the United States, and is therefore treason.
SECTION X - Insurrection - Civil War - Rebellion
Article 149. Insurrection is the rising of people in arms against their government, or a portion of it, or against one or more of its laws, or against an officer or officers of the government. It may be
confined to mere armed resistance, or it may have greater ends in view.
Article 150. Civil war is war between two or more portions of a country or state, each contending for the mastery of the whole, and each claiming to be the legitimate government. The term is also
sometimes applied to war of rebellion, when the rebellious provinces or portions of the state are contiguous to those containing the seat of government.
Article 151. The term rebellion is applied to an insurrection of large extent, and is usually a war between the legitimate government of a country and portions of provinces of the same who seek to throw off their allegiance to it and set up a government of their own.
Article 152. When humanity induces the adoption of the rules of regular war to ward rebels, whether the adoption is partial or entire, it does in no way whatever imply a partial or complete acknowledgment of their government, if they have set up one, or of them, as an independent and sovereign power. Neutrals have no right to make the adoption of the rules of war by the assailed government toward rebels the ground of their own acknowledgment of the revolted people as an independent power.
Article 153. Treating captured rebels as prisoners of war, exchanging them, concluding of cartels, capitulations, or other warlike agreements with them; addressing officers of a rebel army by the rank they may have in the same; accepting flags of truce; or, on the other hand, proclaiming Martial Law in their territory, or levying war-taxes or forced loans, or doing any other act sanctioned or demanded by the law and usages of public war between sovereign belligerents, neither proves nor establishes an acknowledgment of the rebellious people, or of the government which they may have erected, as a public or sovereign power. Nor does the adoption of the rules of war toward rebels imply an engagement with them extending beyond the limits of these rules. It is victory in the field that ends the strife and settles the future relations between the contending parties.
SECTION IX - Assassination
Article 148. The law of war does not allow proclaiming either an individual belonging to the hostile army, or a citizen, or a subject of the hostile government, an outlaw, who may be slain without trial
by any captor, any more than the modern law of peace allows such intentional outlawry; on the contrary, it abhors such outrage. The sternest retaliation should follow the murder committed in consequence of such proclamation, made by whatever authority. Civilized nations look with horror upon offers of rewards for the assassination of enemies as relapses into barbarism.
SECTION VIII (Completed)
Article 146. Prisoners taken in the act of breaking an armistice must be treated as prisoners of war, the officer alone being responsible who gives the order for such a violation of an armistice. The highest authority of the belligerent aggrieved may demand redress for the infraction of an armistice.
Article 147. Belligerents sometimes conclude an armistice while their plenipotentiaries are met to discuss the conditions of a treaty of peace; but plenipotentiaries may meet without a preliminary armistice; in the latter case, the war is carried on without any abatement.
SECTION VIII (cont.)
Article 141. It is incumbent upon the contracting parties of an armistice to stipulate what intercourse of persons or traffic between the inhabitants of the territories occupied by the hostile armies shall be allowed, if any. If nothing is stipulated the intercourse remains suspended, as during actual hostilities.
Article 142. An armistice is not a partial or a temporary peace; it is only the suspension of military operations to the extent agreed upon by the parties.
Article 143. When an armistice is concluded between a fortified place and the army besieging it, it is agreed by all the authorities on this subject that the besieger must cease all extension, perfection, or advance of his attacking works as much so as from attacks by main force. But as there is a difference of opinion among martial jurists, whether the besieged have the right to repair breaches or to erect new works of defense within the place during an armistice, this point should be determined by express agreement between the parties.
Article 144. So soon as a capitulation is signed, the capitulator has no right to demolish, destroy, or injure the works, arms, stores, or ammunition, in his possession, during the time which elapses between the signing and the execution of the capitulation, unless otherwise stipulated in the same.
Article 145. When an armistice is clearly broken by one of the parties, the other party is released from all obligation to observe it.
SECTION VIII - Armistice - Capitulation
Article 135. An armistice is the cessation of active hostilities for a period agreed between belligerents. It must be agreed upon in writing, and duly ratified by the highest authorities of the contending parties.
Article 136. If an armistice be declared, without conditions, it extends no further than to require a total cessation of hostilities along the front of both belligerents. If conditions be agreed upon, they should be clearly expressed, and must be rigidly adhered to by both parties. If either party violates any express condition, the armistice may be declared null and void by the other.
Article 137. An armistice may be general, and valid for all points and lines of the belligerents, or special, that is, referring to certain troops or certain localities only. An armistice may be concluded for a definite time; or for an indefinite time, during which either belligerent may resume hostilities on giving the notice agreed upon to the other.
Article 138. The motives which induce the one or the other belligerent to conclude an armistice, whether it be expected to be preliminary to a treaty of peace, or to prepare during the armistice for a more vigorous prosecution of the war, does in no way affect the character of the armistice itself.
Article 139. An armistice is binding upon the belligerents from the day of the agreed commencement; but the officers of the armies are responsible from the day only when they receive official information
of its existence.
Article 140. Commanding officers have the right to conclude armistices binding on the district over which their command extends, but such armistice is subject to the ratification of the superior authority, and ceases so soon as it is made known to the enemy that the armistice is not ratified, even if a certain time for the elapsing between giving notice of cessation and the resumption of hostilities should have been stipulated for.
Friday, May 21, 2004
SECTION VII (completed)
Article 131. If the government does not approve of the parole, the paroled officer must return into captivity, and should the enemy refuse to receive him, he is free of his parole.
Article 132. A belligerent government may declare, by a general order, whether it will allow paroling, and on what conditions it will allow it. Such order is communicated to the enemy.
Article 133. No prisoner of war can be forced by the hostile government to parole himself, and no government is obliged to parole prisoners of war, or to parole all captured officers, if it paroles any . As the pledging of the parole is an individual act, so is paroling, on the other hand, an act of choice on the part of the belligerent.
Article 134. The commander of an occupying army may require of the civil officers of the enemy, and of its citizens, any pledge he may consider necessary for the safety or security of his army, and upon their failure to give it he may arrest, confine, or detain them.
SECTION VII (cont.)
Article 126. Commissioned officers only are allowed to give their parole, and they can give it only with the permission of their superior, as long as a superior in rank is within reach.
Article 127. No noncommissioned officer or private can give his parole except through an officer. Individual paroles not given through an officer are not only void, but subject the individuals giving them to the punishment of death as deserters. The only admissible exception is where individuals, properly separated from their commands, have suffered long confinement without the possibility of being paroled through an officer.
Article 128. No paroling on the battlefield; no paroling of entire bodies of troops after a battle; and no dismissal of large numbers of prisoners, with a general declaration that they are paroled,
is permitted, or of any value.
Article 129. In capitulations for the surrender of strong places or fortified camps the commanding officer, in cases of urgent necessity, may agree that the troops under his command shall not fight again during the war, unless exchanged.
Article 130. The usual pledge given in the parole is not to serve during the existing war, unless exchanged. This pledge refers only to the active service in the field, against the paroling belligerent
or his allies actively engaged in the same war. These cases of breaking the parole are patent acts, and can be visited with the punishment of death; but the pledge does not refer to internal service, such as recruiting or drilling the recruits, fortifying places not besieged, quelling civil commotions, fighting against belligerents unconnected with the paroling belligerents, or to civil or diplomatic service for which the paroled officer may be employed.
SECTION VII - Parole
Article 119. Prisoners of war may be released from captivity by exchange, and, under certain circumstances, also by parole.
Article 120. 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.
Article 121. The pledge of the parole is always an individual, but not a private act.
Article 122. 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.
Article 123. Release of prisoners of war by exchange is the general rule; release by parole is the exception.
Article 124. 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.
Article 125. When paroles are given and received there must be an exchange of two written documents, in which the name and rank of the paroled individuals are accurately and truthfully stated.
SECTION VI (completed)
Article 116. Honorable belligerents often request that the hospitals within the territory of the enemy may be designated, so that they may be spared. An honorable belligerent allows himself to be guided by flags or signals of protection as much as the contingencies and the necessities of the fight will permit.
Article 117. It is justly considered an act of bad faith, of infamy or fiendishness, to deceive the enemy by flags of protection. Such act of bad faith may be good cause for refusing to respect such flags.
Article 118. The besieging belligerent has sometimes requested the besieged to designate the buildings containing collections of works of art, scientific museums, astronomical observatories, or precious libraries, so that their destruction may be avoided as much as possible.
SECTION VI (cont.)
Article 111. The bearer of a flag of truce cannot insist upon being admitted. He must always be admitted with great caution. Unnecessary frequency is carefully to be avoided.
Article 112. If the bearer of a flag of truce offer himself during an engagement, he can be admitted as a very rare exception only. It is no breach of good faith to retain such flag of truce, if admitted
during the engagement. Firing is not required to cease on the appearance of a flag of truce in battle.
Article 113. If the bearer of a flag of truce, presenting himself during an engagement, is killed or wounded, it furnishes no ground of complaint whatever.
Article 114. If it be discovered, and fairly proved, that a flag of truce has been abused for surreptitiously obtaining military knowledge, the bearer of the flag thus abusing his sacred character
is deemed a spy. So sacred is the character of a flag of truce, and so necessary is its sacredness, that while its abuse is an especially heinous offense, great caution is requisite, on the other hand, in convicting the bearer of a flag of truce as a spy.
Article 115. It is customary to designate by certain flags (usually yellow) the hospitals in places which are shelled, so that the besieging enemy may avoid firing on them. The same has been done
in battles, when hospitals are situated within the field of the engagement.
Exchange of prisoners - Flags of truce - Flags of protection
Article 105. Exchanges of prisoners take place - number for number - rank for rank wounded for wounded - with added condition for added condition - such, for instance, as not to serve for a certain period.
Article 106. In exchanging prisoners of war, such numbers of persons of inferior rank may be substituted as an equivalent for one of superior rank as may be agreed upon by cartel, which requires the sanction of the government, or of the commander of the army in the field.
Article 107. A prisoner of war is in honor bound truly to state to the captor his rank; and he is not to assume a lower rank than belongs to him, in order to cause a more advantageous exchange,
nor a higher rank, for the purpose of obtaining better treatment. Offenses to the contrary have been justly punished by the commanders of released prisoners, and may be good cause for refusing to release such prisoners.
Article 108. The surplus number of prisoners of war remaining after an exchange has taken place is sometimes released either for the payment of a stipulated sum of money, or, in urgent cases, of provision, clothing, or other necessaries. Such arrangement, however, requires the sanction of the highest authority.
Article 109. The exchange of prisoners of war is an act of convenience to both belligerents. If no general cartel has been concluded, it cannot be demanded by either of them. No belligerent
is obliged to exchange prisoners of war. A cartel is voidable as soon as either party has violated it.
Article 110. No exchange of prisoners shall be made except after complete capture, and after an accurate account of them, and a list of the captured officers, has been taken.