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Instructions for the Government of Armies of the United States in the Field (Lieber Code). 24 April 1863.
Section IV : Partisans -- Armed enemies not belonging to the hostile army -- Scouts -- Armed prowlers -- War-rebels - Art. 85.
Art. 85. War-rebels are persons within an occupied territory who rise in arms against the occupying or conquering army, or against the authorities established by the same. If captured, they may suffer death, whether they rise singly, in small or large bands, and whether called upon to do so by their own, but expelled, government or not. They are not prisoners of war; nor are they if discovered and secured before their conspiracy has matured to an actual rising or armed violence.