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Instructions for the Government of Armies of the United States in the Field (Lieber Code). 24 April 1863.
Section X : Insurrection -- Civil war -- Rebellion - Art. 155.
Art. 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.