But the military cannot ascertain whether they are guilty or not without the aid of a military tribunal. In all wars, and especially in civil wars, secret but active enemies are almost as numerous as open ones. That fact has contributed to make civil wars such scourges to the countries in which they rage. In nearly all foreign wars the contending parties speak different languages and have different habits and manners, but in most civil wars that is not the case; hence there is a security in participating secretly in hostilities that induces many to thus engage. War prosecuted according to the most civilized usage is horrible, but its horrors are greatly aggravated by the immemorial habits of plunder, rape, and murder practiced by secret but active participants. Certain laws and usages have been adopted by the civilized world in wars between nations that are not of kin to one another, for the purpose and to the effect of arresting or softening many of the necessary cruel consequences of war. How strongly bound are we, then, in the midst of a great war where brother and personal friend are fighting against brother and friend, to adopt and be governed by these usages. A public enemy must or should be dealt with in all wars by the same laws. The fact they are public enemies being the same, they should deal with each other according to those laws of war that are contemplated by the Constitution.