"I am unaware of the state of the laws of warfare in 1812. "
Ah, but according to your interpretation, they would only be governed by civil law. They weren't citizens, after all. They WERE "people" in the broadest sense. However, they weren't "the people".
"For the record "citizens" is a subset of "people," which is why the Founders distinguished between the two."
No, "Person" may refer to someone who isn't a citizen, but "people" as in "We the People" refers to the Citizens of the United States collectively.
You are about as aware of my "interpretation" as you are of what I'm wearing. Is this another one of those penumbra-thingies, or just a strawman?