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147. Belligerents sometimes conclude an armistice while their plenipotentiaries are met to discuss the conditions of a treaty of peace; but plenipotentiaries may meet without a preliminary armistice; in the latter case the war is carried on without any abatement.



148. The law of war does not allow proclaiming either an individual belonging to the hostile army or a citizen or a subject of the hostile government an outlaw who may be slain without triel by any captor, any more than the modern law of peace allows such intentional outlawry; on the contrary, it abhors such outrage. The sternest retaliation should follow the murder committed in consequence of such proclamation, made by whatever authority. Civilized nations look with horror upon offers of rewards for the assassination of enemies as relapses into barbarism.



149. Insurrection is the rising of people in arms against their gorernment or a portion of it, or against one or more of its laws, or against an officer or officers of the government. It may be confined to mere armed resistance, or it may have greater ends in view.

150. Civil war is war between two or more portions of a country or state, each contending for the mastery of the whole, and each claiming to be the legitimate government. The term is also sometimes applied to war of rebellion, when the rebellious provinces or portions of the state are contiguous to those containing the seat of government.

151. The term rebellion is applied to an insurrection of large extent, and is usually a war between the legitimate government of a country and portions of provinces of the same who seek to throw off their allegiance to it and set up a government of their own.

152. When humanity induces the adoption of the rules of regular war toward rebels, whether the adoption is partial or entire, it does in no way whatever imply a partial or complete acknowledgment of their government, if they have set up one, or of them as an independent or sovereign power. Neutrals have no right to make the adoption of the rules of war by the assailed government toward rebels the ground of their own acknowledgment of the revolted people as an independent power.

153. Treating captured rebels as prisoners of war, exchanging them, concluding of cartels, capitulations, or other warlike agreements with them, addressing officers of a rebel army by the rank they may have

in the same, accepting flags of truce, or, on the other hand, proclaiming martial law in their territory, or levying war taxes or forced loans, or doing any other act sanctioned or demanded by the law and usages of public war between sovereign belligerents, neither proves nor establishes an acknowledgment of the rebellious people, or of the government which they may have erected, as a public or sovereign power. Nor does the adoption of the rules of war toward rebels imply an engagement with them extending beyond the limits of these rules. It is victory in the field that ends the strife and settles the future relations between the contending parties.

154. Treating, in the field, the rebellious enemy according to the law and usages of war has never prevented the legitimate government from trying the leaders of the rebellion or chief rebels for high treason, and from treating them accordingly, unless they are included in a general amnesty.

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 citizen 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.

156. Common justice and plain expediency require that the military commander protect the manifestly loyal citizens in revolted territories against the hardships of the war as much as the common misfortune of all war admits.

The commander will throw the burden of the war, as much as lies within his power, on the disloyal citizens of the revolted portion or province, subjecting them to a stricter police than the noncombatant enemies have to suffer in regular war; and if he deeins it appropriate, or if his government demands of him that every citizen shall, by an oath of allegiance or by some other manifest act, declare his fidelity to the legitimate government, he may expel, transfer, imprison, or fine the revolted citizens who refuse to pledge themselves anew as citizens obedient to the law and loyal to the government.

Whether it is expedient to do so, and whether reliance can be placed upon such oaths, the commander or his government have the right to decide.

157. Armed or unarmed resistance by citizens of the United States against the lawful movements of their troops is levying war against the United States, and is therefore treason.


(Amendments to July 3, 1901.]


RULE I. Regulations to be prescribed; definition of terms.

RULE II. Penalties and prohibitions; status of persons after their positions are classified.

RULE III. Extent of each of the five branches of the classified service; employees excluded from the classified service.

RULE IV. Examinations authorized; when noncompetitive examinations may be held; appointment and duties of boards of examiners; executive officers to facilitate examinations.

RULE V. Restrictions governing applicants and applications; disqualifications of applicants and eligibles; age limitations of applicants.

RULE VI. Exceptions from examination.

RULE VII. Rating of examination papers; relative standing of eligibles; relative standing of preference claimants; registration of applicants; term of eligibility.

RULE VIII. Certifications and selections for filling vacancies; revocation of appointments of eligibles not entitled to certification; probationary period and absolute appointment; objection by appointing officer to eligible; apportionment of appointments in Washington, D. C.; to what class appointment must be made; eligibles with same average percentage; districts to be formed for filling vacancies in certain positions; appointment and promotion of substi

tutes; temporary or emergency appointments. 1 The civil service rules are merely Executive rules and regulations made by author. ity of law, and are effective, if at all, only for the internal control and government of the civil service and the Executive Departments. The courts of equity have no jurisdiction or authority to enforce them. Taylor . Kercheval, 82 Fed. Rep., 487; Carr v. Gordon, 82, ibid., 373.

The civil service rules promulgated by the President have not the force of law so as to give the employees any tenure or right to the office. Morgan r. Nunn, 8+ Fed. Rep., 551; Carr 1. Gordon, 82 Id., 373; Taylor 1. Kercheval, 82 Fed. Rep., 497.

In the absence of evidence to the contrary the accounting officers will, in the settlement of salary accounts, assume that the civil service law and rules have been complied with by the officer having the power of appointment. III Compt. Dec., 22.

RULE IX. Reinstatements.
RULE X. Transfers.
RULE XI. Promotions.

RULE XII. List of all positions and employments and reports of changes in service to be furnished to commission.


In the exercise of power vested in him by the Constitu- Promulgating tion, and of authority given to him by the seventeen hundred and fifty-third section of the Revised Statutes, and by an act to regulate and improve the civil service of the United States, approved January 16, 1883, the President hereby makes and promulgates the following rules, and revokes all others:


Commission to

1. The United States Civil Service Commission shall

prescribe regulahave authority to prescribe regulations in pursuance of, tiopet

Definitions of and for the execution of, the provisions of these rules and terms. of the civil-service act.

2. The several terms hereinafter mentioned, wherever used in these rules or the regulations of the commission, shall be construed as follows:

(a) The term “civil-service act” refers to “An act to regulate and improve the civil service of the United States," approved January 16, 1883.

(6) The term “classified service” refers to all that part of the executive civil service of the United States included within the provisions of the civil-service act and these rules.

(c) The term "grade,” in connection with employees or positions, refers to a group of employees or positions in the classified service arranged upon the basis of duties performed without regard to salaries received.

(d) The term “ class,” in connection with employees or positions, refers to a group of employees or positions in any grade arranged upon the basis of salaries received, in pursuance of the provisions of section 163 of the Revised Statutes and of section 6 of the civil-service act.

(e) The term “excepted position " refers to any position within the provisions of the civil-service act, but excepted from the requirement of competitive examination or registration for appointment thereto.


1. Any person in the executive civil service of the Dismissal for United States who shall willfully violate any of the pro- or rules.

violation of act



tions that can not

visions of the civil-service act or of these rules shall be

dismissed from office. No interfer

2. No person in the executive civil service shall use his ence with eler

official authority or official influence for the purpose of interfering with an election or controlling the result

thereof. No dismissal or 3. No person in the executive civil service shall dismiss, change of rank for political or re- or cause to be dismissed, or make any attempt to procure ligious opinions.

the dismissal of, or in any manner change the official rank or compensation of any other person therein because of

his political or religious opinions or affiliations. No disclosures 4. No question in any examination, or form of applicaof political or religious opinions tion, shall be so framed as to elicit information concerning,

nor shall any inquiry be made concerning, nor any other attempt be made to ascertain, the political or religious opinions or affiliations of any applicant, competitor, or eligible; and all disclosures thereof shall be discountenanced. And no discrimination shall be exercised, threatened, or promised, against or in favor of any applicant, competitor, or elibible because of his political or religious

opinions or affiliations. Recommenda- 5. No recommendation of an applicant, competitor, or be received, tiled, eligible, involving any disclosure of his political or reli

gious opinions or affiliations, shall be received, filed, or considered by the commission, by any board of examiners, or by any nominating or appointing officer.

6. In making removals or reductions, or in imposing punishment, for delinquency or misconduct, penalties like in character shall be imposed for like offenses, and action thereupon shall be taken irrespective of the political or religious opinions or affiliations of the offenders.

7. A person holding a position on the date said position ployees after classification, is classified under the civil-service act shall be entitled to

all the rights and benefits possessed by persons of the same class or grade appointed upon examination under the provisions of said act.

8. No removal shall be made from the competitive classified service except for just cause and for reasons given in writing; and the person sought to be removed shall have notice and be furnished a copy of such reasons, and be allowed a reasonable time for personally answering the same in writing. Copy of such reasons, notice, and answer, and of the order of removal shall be made a part of the records of the proper department or office; and the reasons for any change in rank or compensation within

Penalties like in character.

Status of em

Procedure in removals.

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