II, at 464???65 (William Kirk convicted of ???belong[ing] to a marauding or guerrilla band??? that ???did unlawfully plunder and take away a certain yoke of oxen, wagon and other property???); see also Instructions for the Government of Armies of the United States in the Field, G.O. No. 100, art. 82 (Apr. 24, 1863); Winthrop, Military Law and Precedents, supra, at 840.The upshot is that the Civil