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APPENDICES.

TREATIES, CONVENTIONS, AND AGREEMENTS.

AMELIORATION OF THE CONDITION OF THE WOUNDED IN TIME OF WAR.

Convention between the United States, Baden, Switzerland, Aug. 22, 1864. Belgium, Denmark, Spain, France, Hesse, Italy, Netherlands, Portugal, Prussia, Würtemberg, Sweden, Greece, Great Britain, Mecklenburg-Schwerin, Turkey, Bavaria, Austria, Russia, Persia, Roumania, Salvador, Montene gro, Serria, Bolivia, Chili, Argentine Republic, Japan and Peru; with additional articles: For the amelioration of the wounded in armies in the field; concluded August 22, 1864; acceded to by the President March 1, 1882; accession concurred in by the Senate March 16, 1882; proclaimed as to the original convention, but with reserve as to the additional articles, July 26, 1882.

'The President's ratification of the act of accession, as transmitted to Berne and exchanged for the ratifications of the other signatory and adhesory powers, embraces the French text of the convention of August 22, 1864, and the additional articles of October 20, 1868. The French text is therefore, for all international purposes, the standard one.

The several contracting parties to the said convention exchanged the ratifications thereof at Geneva, on the 22d day of June, 1865.

The several states hereinafter named have signified their adherence to the above convention, in virtue of Article IX, on the dates as noted in the following list:

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Exception.

Employees, etc., respected as neutrals.

Such neutrality shall cease if the ambulances or hospitals should be held by a military force.

ART. II. Persons employed in hospitals and ambulances, comprising the staff for superintendence, medical service,administration, transport of wounded, as well as chaplains, shall participate in the benefit of neutrality, whilst so employed, and so long as there remain any wounded to bring in or to succor. Employees, ART. III. The persons desetc., protected by occupying ignated in the preceding article may, even after occupation by the enemy, continue to fulfill their duties in the hospital or ambulance which they serve, or may withdraw in order to rejoin the corps to which they belong.

forces.

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ARTICLE I. Les ambulances et les hôpitaux militaires seront reconnus neutres, et, comme tels, protégés et respectés par les belligé rants aussi longtemps qu'il s'y trouvera des malades ou des blessés.

La neutralité cesserait, si ces ambulances ou ces hôpitaux étaient gardés par une force militaire.

ART. II. Le personnel des hôpitaux et des ambulances, comprenant l'intendance, les services de santé, d'adminis tration, de transport des blessés, ainsi que les aumôniers, participera au bénéfice de la neutralité lorsqu'il fonctionnera, et tant qu'il restera des blessés à relever ou à secourir.

ART. III. Les personnes désignées dans l'article précédent pourront, même après l'occupation par l'ennemi, continuer à remplir leurs fonctions dans l'hôpital ou l'ambulance qu'elles desservent, ou se retirer pour rejoindre le corps auquel elles appartiennent.

Dans ces circonstances, lorsque ces personnes cesse ront leurs fonctions, elles seront remises aux avantpostes ennemis, par les soins de l'armée occupante.

ART. IV. Le matériel des hôpitaux militaires demeurant soumis aux lois de la guerre, les personnes attachés à ces hôpitaux en pourront, en se retirant, em

articles but such as are their porter que les objets qui sont

private property.

Under the same circumstances an ambulance shall, on the contrary, retain its equipment.

ART. V. Inhabitants of the country who may bring help to the wounded shall be respected, and shall remain free. The generals of the belligerent Powers shall make it their care to inform the inhabitants of the appeal addressed to their humanity, and of the neutrality which will be the consequence of it.

Any wounded man entertained and taken care of in a house shall be considered as a protection thereto. Any inhabitant who shall have entertained wounded men in his house shall be exempted from the quartering of troops, as well as from a part of the contributions of war which may be imposed.

ART. VI. Wounded or sick soldiers shall be entertained and taken care of, to what ever nation they may belong.

Commanders-in-chief shall have the power to deliver immediately to the outposts of the enemy soldiers who have been wounded in an engagement, when circumstances permit this to be done, and with the consent of both parties.

Those who are recognized,

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pacitated for

Seront renvoyés dans leurs Soldiers incaafter their wounds are pays ceux qui, après guéri- service to be sent

home.

Proceedings forwarded to

General.

c.

or garrison court-martial may be held, shall have power to pardon or mitigate any punishment which such coLT may adjudge.1

ART. 113. Every judge-advocate, or person acting as Judge-Advocate- such, at any general court-martial, shall, with as meà July 17, 1862, expedition as the opportunity of time and distance of 118 Art. War. place may admit, forward the original proceedings and sentence of such court to the Judge-Advocate-General of the Army, in whose office they shall be carefully preserved.' ART. 114. Every party tried by a general court-maral 114 Art. War. shall, upon demand thereof, made by himself or by a-y person in his behalf, be entitled to a copy of the proced ings and sentence of such court."

Party entitled

to a copy.

Courts of in

quiry, how

115

or

ART. 115. A court of inquiry, to examine into the natur dered. Art. War. of any transaction of, or accusation or imputation again any officer or soldier, may be ordered by the President or by any commanding officer; but, as courts of inquiry may be perverted to dishonorable purposes, and may be en. ployed, in the hands of weak and envious commandarts. as engines for the destruction of military merit, they ha never be ordered by any commanding officer, except upwe a demand by the officer or soldier whose conduct is to be inquired of.3

Members

court of inquiry.

of ART. 116. A court of inquiry shall consist of one or 116 Art. War. more officers, not exceeding three, and a reconier, : reduce the proceedings and evidence to writing."

bers and record

Oaths of mem- ART. 117. The recorder of a court of inquiry." er of court of in- administer to the members the following oath: 11 Art. War. shall well and truly examine and inquire, according t

quiry.

be

Witnesses fore courts of inquiry.

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evidence, into the matter now before you, without partiality.
favor, affection, prejudice, or hope of reward: So hôp
God." After which the president of the court shall ad. :
ister to the recorder the following oath: You, A B. :
swear that you will, according to your best abilities, a va
rately and impartially record the proceedings of the
and the evidence to be given in the case in hearing: SN
you God,"s

ART. 118. A court of inquiry, and the recorder thereof, shall have the same power to summon and examine w.tnesses as is given to courts-martial and the judge-advox air

'See the titie, "The Reviewing Authority," in the chapter entitled MILITARY TR NALS. Sec. 5 of the act of July 27, 1892 (27 Stat. L., 281), provides "that i manding officers authorized to approve the sentences of summary courts sha.. the power to remit or mitigate the same." See also note to par. 2, "The part power."

* See the title, "The Record," in the chapter entitled MILITARY TRIBUNALS * See the title, "Courts of Inquiry," in the chapter entitled MILITARY TRIBUNAIS

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