§ 37. Modern wars are not internecine wars, in which the killing of the enemy is the object. The destruction of the enemy, in modern war, and, indeed, modern war itself, are means to obtain that object of the belligerent which lies beyond the war. Unnecessary or revengeful destruction of life, is not lawful. Outposts, sentinels, or pickets, are not fired upon, except to drive them in, or when a positive order, special or general, has been issued to that effect. The use of poison in any manner, be it to poison wells, or food, or arms, is wholly excluded from modern warfare. He that uses it, puts himself out of the pale of the law and usages of war. Thousands of years ago it was held that no one who fears a supreme avenger of wrong, will poison his arrow. § 38. Whoever intentionally inflicts additional wounds on an enemy already disabled from fighting, or kills such an enemy, or who orders or encourages soldiers to do so, shall suffer death if duly convicted, whether he belongs to the army of the United States, or is an enemy captured after having committed his misdeed. § 39. Arms, ammunition, horses, wagons, and implements of war, as well as provision and clothing, taken on the battle-field, or captured otherwise, belong to the United States. All regulation arms found upon prisoners of war belong to the United States; but small arms, not usually belonging to the regulation arms of the respective troops, such as daggers or private pistols, belong to the captor or captors. If any dispute arises among the captors regarding the ownership or fair division of the latter, the commissioned officer next in rank above the disputants, on the spot where the dispute arises, shall decide the dispute, and the decision shall be final. § 40. It is the usage in European armies that money and all valuables on the person of a prisoner, such as watches or jewelry, as well as extra clothing, belong to the captor; but it distinguishes the army of the United States that the appropriation of such valuables or money is considered dishonorable, and not suffered by the officers. Nevertheless, if large sums are found upon the persons of prisoners, they shall be taken from the prisoners, and appropriated for the army. Nor can prisoners claim, as private property, large sums found and captured in their train, although it had been placed in the private luggage of the prisoners. Such luggage must always be searched. § 41. A prisoner of war, being a public enemy, is the prisoner of the government, and not of the captor. No ransom can be paid by a prisoner of war to his individual captor, or to any officer in command. The government alone releases captives, according to rules prescribed by itself.