occupied in the south with Austria, Schill was declared by Napoleon and his brother a brigand, and the King of Westphalia, Jerome Bonaparte, offered a reward of 10,000 francs for his head. Schill was killed in battle; but twelve young officers of his troop, taken prisoners,were carried by the French to the fortress Wesel, where a court-martial declared them prisoners of war. Napoleon quashed the fining, ordered a new court-martial, and they were all shot as brigands. Napoleon is not cited here as an authority in the law of war; he and many of his generals frequently substituted the harshest violence for martial usages. The case is mentioned as an illustration of the meaning attached to the word brigand in the law of war, and of the fact that death is the acknowledged punishment for the brigand.

The terms partisan and free corps are vaguely used. Sometimes, as we shall see further on, partisan is used for a self-constituted guerrillero; more frequently it has a different meaning. Both partisan but the former term refers to the action of the troop, the latter to the composition. The partisan leader commands a corps whose object is to injure the enemy by action separate from that of his own main army; the partisan acts chiefly upon the enemy's lines of connection and communication, and outside of or beyond the lines of operation of his own army, in the rear and on the flanks of the enemy. Rapid and varying movements and surprises are the chief means of his success; but he is part and parcel of the army, and, as such, considered entitled to the privileges of the law of the army, and, as such, considered entitled to the privileges of the law of war, so long as he does not transgress it. Free corps, on the other hand, are troops not belonging to the regular army, consisting of volunteers, generally raised by individuals authorized to do so by the government, used for petty war, and not incorporated with the ordre de bataille. They were known in the middle ages. The French compagnies franches were free corps; but this latter term came into use only in the eighteenth century. They were generally in bad repute, given to pillage and other excess; but this is incidental. There were many free corps in Germany opposed to Napoleon when that country rose against the French, but the men composing them were entitled to the benefits of the law of war, and generally received them when taken prisoner. These free corps were composed in many cases of high-minded patriots. The difficulty regarding free corps and partisans arises from the fact that their discipline is often lax, and used to be so especially in the last century, so that frequently they cannot cumber themselves with prisoners; and that even for their own support they are often obliged to pillage or to extort money from the places they occupy. They are treated, therefore, according to their deserters, on the principle of retaliation; but there is nothing inherently lawless or brigand-like in their character.

The spy, the rebel, and conspirator deserve notice in this place simply with reference to persons acting as such, and belonging to the population of the country or district occupied by a hostile force. A person dwelling in a district under military occupation and giving information to the government of which he was subject, but which has been expelled by the victorious invader, is universally treated as a spy-a spy of a peculiarly dangerous character. The most patriotic motives would not shield such a person from the doom of the spy. There have been high-minded and self-sacrificing spies, but when captured, even if belonging to the armies themselves, they have never