Note 1013 — Chapter V · (continued 3)

The questions at issue were these: Was André protected by a flag? Arnold says Yes, and André himself says No. They were the principal parties who could know the fact. If there was a flag, does such use of a flag come within the purport of the military law which defines flags? Is the question of good faith in flags one only between the giver and the receiver of a flag, and can the giver of a flag act in good faith to the receiver and with perfidy to his own principal, with that perfidy known to the receiver? Can the passport of a general engaged in treasonable correspondence with the enemy protect an officer of that enemy when clothed in a disguise and bearing papers to the enemy, such as might give that enemy an unfair advantage?