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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. 82.
Art. 82. Men, or squads of men, who commit hostilities, whether by fighting, or inroads for destruction or plunder, or by raids of any kind, without commission, without being part and portion of the organized hostile army, and without sharing continuously in the war, but who do so with intermitting returns to their homes and avocations, or with the occasional assumption of the semblance of peaceful pursuits, divesting themselves of the character or appearance of soldiers -- such men, or squads of men, are not public enemies, and, therefore, if captured, are not entitled to the privileges of prisoners of war, but shall be treated summarily as highway robbers or pirates.