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Instructions for the Government of Armies of the United States in the Field (Lieber Code). 24 April 1863.
Section III : Deserters -- Prisoners of war -- Hostages -- Booty on the battle-field. - Art. 73.
Art. 73. All officers, when captured, must surrender their side arms to the captor. They may be restored to the prisoner in marked cases, by the commander, to signalize admiration of his distinguished bravery or approbation of his humane treatment of prisoners before his capture. The captured officer to whom they may be restored can not wear them during captivity.