Page:The New International Encyclopædia 1st ed. v. 10.djvu/797

INTEBNATIONAIi LAW. 707 INTERNATIONAL LAW. nieally but not practically enemies, are treated as at peace, even in llie presence of invading aniiics. The Stale." therefore, makes war by its agents (armies on land, lleets on sea), but levies en masse are permitted. The freebooter no longer exists on land and the privateer has been driven from the ocean. The declaration of the Conven- tion of Paris (18.50) abolished privateering, to ^^llich the civilized world agreed e.cepting ilex- ico, Spain, and the United States. In the War of 18S)8 the last two powers proclaimed the prin- ciples of the declaration. The ell'ects of war, immediate and well defined, are admirably set forth in the following extract from an adjudged case: "In a foreign or inter- national war, from the time it is declared or recognized, all the people in the territory and sub- ject to the dominion of each belligerent, without regard to their feelings, dispositions, or natural relations, become, and continue to the close of hostilities, in legal contemplation, the enemies of all the people resident in the territory of the other belligerent; and all negotiation, trading, intercourse, or communication between them, unless licensed by the Government, is unlawful. Such a war, as between the citizens or subjects of the respective belligerents, ipso facto dissolves all conunercial partnerships and all contracts wholly executory and requiring for their con- tinued existence commercial intercourse or com- munication; and while it does not abrogate, yet it suspends all other existing contracts and obligations and the remedies thereon, and renders all contracts, with rare exceptions, entered into pending hostilities, illegal and void. "The familiar principles of public law, regu- lating conduct in foreign wars, luive been applied by the courts of this country. State and Federal, to the war between the United States and the Confederate States. Limited agencies in the enemy's country may lawfully contimie, provided they can be and are exercised without intercourse or conununication between the citizens or subjects of the contending powers — such as agencies to collect and preserve, but not to transmit monev and property." (Small rs. Lumpkin. 1877, 28 Gratt. 832.) Contracts for ransom of captured property are valid although made between enemies during con- tinuance of war. (See R.xsoM.) On outbreak of war, debts due the enemy and enemy property on land may be confiscaled, but modern practice, while it admits, makes no use of the right. Xo modern State would confiscate its debts or public obligations due to enemy subjects. An invading army takes possession of personal property of the State likely to be useful in war. and arms and munitions of war although in pri- vate hands; but private property of enemy sub- jects is nonconfiscable. Public j)roperty. such as public buildings, may be seized and occupied, their rents or revenues appropriated, and the nuinicipality or country ofl'icered so far as neces- sary. The civil administration yields to the military: hut the invader is an administrator or usufructary, not owner. Pillage is forbidden and private property is recognized, but contribu- tions and requisitions for which receipts are given may be levied on the inhabitants. The nineteenth century greatly humanized methods and means of warfare. The Oenev.i Convenlinn (1804) neutralized ambulances, mili- tary hospitals, and all persons employed in hos- pital and medical service. The Red Cross was adopted as tiie distinctive badge of those so em- ployed, aud freed them from capture or military liability. The Peace Conference (1899) extended the principles of the Geneva Convention to naval wartare. The Saint Petersburg Convention ( 1868) declared that the end of war is to disable, not to kill, and forbade the use of any "projectile of less weight than 400 grams, which is explo- sive, or is charged with fulminating or inflam- mable substances." The I3russels Convention (1874) vas prac- tically reasserted by The Hague Conference in its articles for the humane treatment of prison- ers (see Prisoner), and the Peace Conference carried the reform a step further. See Spy: Akmlstice; Flags of Tklce. In naval warfare enemy property on enemy vessels is liable to capture, but since the Declara- tion of Paris ( 18.)(i ) the neutral Hag covers enemy goods, and neutral goods on an enemy vessel are exempt from capture. The United .States has uniformly maintained the inviolabil- ity of private property on the sea, and the con- tention may one day be law. But although liable to capture, the title to such property only passes to the individual and actual captor by the de- cision of a prize court. ^Ya^ may end with or without a treaty. The war, it is held, has wiped out the causes thereof, and the nations begin afresh ; if there has been no treaty, and territory has been occupied and is in the possession of one or other belligerent, the principle of uti possidetis obtains. But after an appeal to arms, nations generally take to pen and ink, so that tbe treaty is the rule. Neutrals take uo part, but are nevertheless affected by war, and their duties, although nega- tive, are well defined and binding. A neutral should not allow its territory or marginal wat#rs to bo used for enlisting men, equijjping vessels, fitting out cxi)cditions, or as a basis of operations ; nor should hostilities of any kind be permitted within its territory or marginal waters. (Three Kules of Treaty of Washington, 1871.) The failure to meet these negatives subjects a neu- tral to liability. (Geneva Award, 1872.) The neutral, however, has a right to trade with the belligerent, but may not carrj' articles known as contraband. The penalty is ordinarily con- fiscation of cargo; the like penalty may attach to the ship. The nature of the trade apjiears from the following quotation: "The classilieation of goods as contraband or not contraband has much perplexed text writers and jurists. A strictly ac- curate and satisfactory classification is perhaps impracticable: but that Avhich is best supported by American and English decisions may l>e said to divide all merchandise into three classes. Of these classes, the first consists of articles manu- factured and primarily and ordinarily used for military purposes in time of war: the second, of articles which may be and are used for pur- poses of war and peace, according to circum- stances; and third, of articles exclusively used for peaceful purposes. "Ifercbandise of the first class, destined to a belligerent count r>-. or places occupied by the army or navy of a belligerent, is always contra- band : merchandise of the second class is contra- band only when actually destined to the military or naval use of a belligerent; while merchandise of the third class is not contraband at all, though