Page:The American Cyclopædia (1879) Volume X.djvu/234

228 LAW OF NATIONS lightening its rigors, belligerent states may enter into general or special conventions. The former are often made at the beginning of the war, and lay down the rules to be mutually observed in the war, respecting the exchange and redemp- tion of prisoners, concerning passports, safe- conducts, and similar matters, or agree to ab- stain from certain modes of warfare, or from levying contributions on invaded territory. Particular conventions are made during war, and concern either truces or partial suspensions of hostilities or capitulations, that is, surrenders of particular forces or places. The power to conclude a truce is generally implied in the of- ficial character of every high officer, like a gen- eral or admiral, but not the capacity to make a long or universal armistice ; for that amounts to peace, which only a sovereign can make, and therefore it requires either the sovereign's previous special authority or his subsequent ratification. A truce is binding upon the two states whose officers conclude it, and they therefore are liable for every infraction of its terms, but not upon those to whom its exis- tence has not been actually notified and for the purpose of avoiding the mischiefs which may arise out of ignorance of the truce, it is usual -to fix prospectively the time when it shall commence. While the truce lasts all war- like acts and preparations must entirely cease, though it does not hinder acts which are allow- able in time of peace. But at the place to which the cessation of hostilities particularly applies, a belligerent may not do what he would be allowed to do at a greater distance. That is to say, one party must not take advan- tage of the temporary peace to perfect its mea- sures of attack or siege, nor may the other re- pair breaches in its works, or introduce suc- cors or reinforcements, or indeed do anything which would have been impossible if active hostilities had continued. No state is bound to take part in the wars in which other powers may be engaged. Yet, though the right to re- main neutral be one of the clearest rights of its sovereignty, no independent state can retain the same complete independence which it enjoys in time of general peace. A state of war be- tween some members of the society of nations imposes certain positive obligations and re- strictions on all the rest. Except when it is bound to do it by previous treaty stipulations, the neutral state may not render assistance to either belligerent party in the prosecution of war, that is, it must not furnish arms, troops, ammunition, or the like, to either side ; and further, in matters which do not directly con- cern the war, it must not refuse to one bellige- rent that which it grants to the other. On the other hand, if the state observe strictly the con- ditions of neutrality, it is entitled to perfect inviolability of its territory, and in other re- spects to complete immunity from the effects of war. Whether the neutral's exemption can be claimed absolutely for its ships, so as to protect the enemy goods which they carry, has given rise to one of the most vexed ques- tions in international law. It has never been doubted that the neutral's public ships are ex- empt from all intrusion, and therefore that they cannot be visited and searched for ene- my property. In respect to private merchant ships, the practice of different nations has been widely diverse. By express conventions Eng- land has sometimes admitted the rule that "free ships make free goods," but, though ad- mitting it again during the war with Eussia, declared expressly that she only "waived" her right to seize enemy goods on board neutral vessels. Especially in its treaties, the United States has advocated the adoption of the rule. By the declaration signed at the congress of Paris in 1856 by the representatives of the chief European powers, the principle that neu- tral ships may carry enemy goods has finally become established, it may be presumed, in the law of nations. The same declaration sanctions the rule that neutral property, except contraband, is not subject to capture though laden in enemy ships. General trade with belligerents is not interdicted by war. The single restriction imposed on commerce is, that it shall not supply either of the hostile parties with means for carrying on the war. A neu- tral must not carry goods contraband of war, nor bear despatches, nor transport troops to either of the powers at war. Contraband can- not be easily defined, though the proper crite- rion is, whether the goods be or not usus ~bel- lici; that is, whether the goods are peculiarly and specifically adapted to serve the uses of war. Contraband property is subject to con- fiscation by the captor. The strict construc- tion of the principles of neutrality makes the carrying, perhaps even the selling of contra- band property in the neutral's home ports, to be a violation of the neutral character. . The United States maintains the contrary doctrine, that both such sale and carriage are consistent with neutrality, though during the transit the goods may be rightfully seized and confiscated. Further, the neutral must not send his ships to blockaded ports, for this would be an inter- meddling directly in the war measures of bel- ligerents. But the law of blockade is so strict, that to subject a neutral to its operation, the blockade must exist in point of fact ; that is to say, there must be a squadron present, and strong enough to constitute an actual blockade of the port; the neutral must have had due notice of its existence, and must have been guilty of some clear act of violation, either by going in or coming out with a cargo laden after the commencement of blockade. Finally, the neutral must be ready to prove himself that which he professes to be, and his ships must therefore be subject to the exercise of the belligerent right of visitation and search. When the objects of war are accomplished, peace must be reestablished. Generally this takes place upon the conclusion of a formal treaty of peace between the belligerent states.