Page:The New International Encyclopædia 1st ed. v. 20.djvu/339

WAR. 283 WAR. of a residpiit. An act of Tinfripiidlinpss may lead to expulsion, and aid or comfort given to the enemy, that is his home Government, is treason. While his temporary allegiance secures his pro- tection, he may not he ciiiii])elled to serve in the armed forces of his residence, for no Government could well compel liim (o commit treason against the country of liis paramount allegiance. It like- wise follows that liis jiropcrty on the high seas bears the character of his residence or domicile and is seizable hy the authorities of his home country as enemy property. Internal trade is thus assimilated to trade of citizens and does not depend vipon enemy cliaracter.. Foreign trade, that is trade beginning within one enemy country and crossing into the country of the other, is trading across enemy lines, and is strictly and absolutely prohibited. This inhibition may be removed by a general or ])articular license to trade, granted by the sovereign powers of the respective belligerents. Such a permission elimi- nates the war for the pnrjioses of trade. For a full and accurate account of this imjiortant sub- ject, see the two leading eases of The »SV« JJon (5 Wallace, 630) and Kersha a- vs. h'clsci/ (100 Mass., 561). For a short summary of the in- fluence of war on trade in its various branches, see International L.w. There are, however, some relations into which belligerents are permitted to enter. Indeed, these relations can only arise in war: and if provided for during peace, the agreements concerning them are made in contemplation of war. These mat- ters pertain to flags of truce, passports, safe- conducts and safeguards, cartels, armistices, capitulations, and ransom bills. Negotiations between hostile forces are opened up by flags of truce — a wdiite flag — borne by a member of the opposing force who advances to the enemy. The practice is sufficiently illustrated by Articles 111-114 of Inslrucfious. A passport is a jicr- niission in writing to an enemy subject to travel generally within lielligerent territory from which he would otherwise be excluded. A safe-conduct differs from a passport in that it is a special permission to an enemy subject or vessel to travel or pass within defined points; while a safeguard, as its name implies, is a guard granted for (iro- teetion to enemy property or his person. Article 86 of Instructions explains this and defines the authorities by whom the permission in question may be granted. "All intercourse between the territories occupied by belligerent armies, wheth- er by traffic, by letter, by travel, or in any other way, ceases. This is the general rule, to be ob- served without special proclamation. Excei)tion3 to this rule, whether by safe-conduct, or permis- sion to trade on a small or large scale, or by exchanging mails, or by travel from one terri- tory to the other, can take place only according to agreement approved bv the Government, or by the highest military authority. Contraventions of this rule are highly punishable." Cartels are more formal matters, and, according to the most eminent authority of the day, they are "a form of convention made in view of war or during its existence in order to regulate the mode in which such direct intercourse as may be permitted be- tween the belligerent nations shall take place, or the degree and manner in which derogations from the extreme rights of hostility shall be car- ried out. They provide for postal and telegraphic Vol. XX.— 19. communication, when such communication is allowed to continue, for tlic mode of reception of bearers of Hags of truce, for the treatment of the wounded and prisoners of war. for exclumge and the formalities attendant upon it, and for other like matters." (Hall, Intnnatirmal Law, §193.) The term is most familiar in the form of cartel ships, and in this coiuiection signifies a vessel .sailing to defined |>oints under a safe-eon- duct for the exchange of prisoners of war. The purpose and the safe-conduct exempt from cap- ture; but the slightest hostile act, or engaging in an otherwise forbidden act such as trade, for- feits the i)rivileged character. The ves.sel is un- armed, although a gun may be carried for jmr- poses of salute or signals. The various provisions relating to the exchange or parole of prisoners are found in Instructions, Articles 10.5 110; II'.)- 134. Armistices and capitulations are sulficicntly d<'fincd in Instnictions, 135-137 ami 1311-14". .s regards naval operations the provisions of the Ntrvdl Code, Articles 51-52, obtain. ".Article 51. A truce or capitulation may be concluded, with- out special authority, by the commander of a naval force of the United States with the com- mander of the forces of the enemy, to be limited, however, to their respective commands. A gen- eral armistice requires an agreement between the respective belligerent governments. Article .52. After agreeing upon or signing a capitulation the capitulator must neitlicr injure nor destroy the vesseLs, property, or stores in his possession that he is to deliver up, unless the right to do so is expressly reserved to him in the agreement or capitulation." In addition to these more formal and indefinite suspensions of hostilities, truces for short periods are entered into for the l)urial of the dead. Ransom bills are perhaps the most complete exception to the rule prohibiting trade, for (hey are contracts not only made by individual enemies, but also enforceable during the conliiui- ance of war. They are nothing more nor less than the repurchase by the original owner of a vessel captured at sea. The contract is made in duplicate, one copy of which is given to the master of the captured vessel, and serves as a safe-conduct protecting the vessel from seizure b}- the enemy country or its allies as long as a prescribed course is kept for the port of destina- tion agreed upon. Variations from this ecnirse, unless arising from necessity, subject to second capture, and any excess of the ransom price in the amount realized on a sale goes to the second captor. If the captured vessel is taken with the ransom bill on board, the bill is discharged. The system of ransom is of advantage to owner and captor; the owner repurchases at a lower figure and saves the crew from detention as prisoners, and the captor is freed from the necessity of sending the prize into port. As previously explained, war renders enemy property with certain specific exceptions liable to capture" on the high seas. See Piuvatekrtxg ; Prize. On the time within and the contlitions upon which enemy propertv will, if recaptured,, be restored to the original owner, see Recapture. Upon the termination of war, however brought about, the belligerents cease to be enemies and the residents of both countries resume their peaceful pursuits, as if the war had never hap-