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Instructions for the Government of Armies of the United States in the Field (Lieber Code). 24 April 1863.
Section V : Safe-conduct -- Spies -- War-traitors -- Captured messengers -- Abuse of the flag of truce - Art. 100.
Art. 100. A messenger or agent who attempts to steal through the territory occupied by the enemy, to further, in any manner, the interests of the enemy, if captured, is not entitled to the privileges of the prisoner of war, and may be dealt with according to the circumstances of the case.