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will be to allow a reasonable time only after the removal of the obstacle.

. Ogden v. Blackledge, 2 Cranch's U. S. Supr. Ct. Rep., 272; Hanger v. Abbott, 6 Wallace's U. S. Supr. Ct. Rep., 540; 2 Wildman's International Law, 17.

* Under the rule proposed in Article 930, this exception seems proper.

The same; in case of civil war.

934. The existence of civil war in a nation prevents the operation of its rules of prescription and the running of its statutes of limitation,' as against members and domiciled residents of other nations, in those cases in which the issuing or the effectual service of process could not have been had, by reason of the interruption of the course of justice.

Act of Congress of United States, of June 11, 1864, 13 U. S. Stat. at L., 123. See Whitfield v. Allison, 1 American Law Review, 188.

1 See note to last Article.

Failure to protect foreigners.

935. A belligerent is not liable to foreigners for injuries or losses caused by the enemy.

The rule of international law is well settled that a foreigner, who resides in the country of a belligerent, can claim no indemnity for losses of property, occasioned by acts of war of the other belligerent. Opinion of U. S. Attorney-General in case of the Bombardment of Valparaiso, 12 U. S. Attorneys-General Opinions, 21; and letter of Secretary Marcy, in the Greytown case, there quoted.

PART IX.

THE TERMINATION OF WAR.

Many of the questions discussed in the books, bearing on this subject, are, in modern usage, settled by treaties of peace; and it seems therefore unnecessary to prescribe in great detail, by an International Code, the principles which would regulate a peace made without treaty.

ARTICLE 936. War, how terminated.

937. Effect of peace.

938. Definition of "completed conquest."

939, 940. National character and allegiance of conquered nation. 941. Effect of completed conquest as to persons and property. 942. Effect of overthrow of insurrection.

943. Duress of negotiators.

944. Effect of treaty of peace.
945. Extent of responsibility.

946. Rescission of treaty.

War, how terminated.

936. War may be terminated by a complete conquest, or by a cessation of hostilities, and the resumption of peaceful intercourse between the belligerents, with or without a treaty of peace, or other compact.

Halleck's Intern. Law and Laws of War, p. 845.

Where no treaty of peace is made, the date of the resumption of intercourse may, perhaps, be a convenient rule to fix the termination of the See Bluntschli, Droit Intern. Codifié, § 700.

war.

197.

The time of a treaty taking effect is provided for by Articles 196 and

Effect of peace.

937. Upon the termination of war, unless otherwise provided by compact:

1. Each belligerent is entitled to all movable public property of the other of which he has lawfully acquired possession by the war,' except such as is ex

empted by article 840, subject, however, in case of conquest of territory, to the rules prescribed by Chapter III. of this Code;

2

2. All hostilities, except the detention of movable property previously captured, and all constraint.' of persons taken prisoners of war, except such as is necessary to preserve order, must cease;

3. All occupation of hostile territory not the subject of complete conquest, must cease as soon as practicable;"

4. All belligerent rights not reserved by this Code, except those necessary to the preservation of order, and to the adjudication upon the title to property captured, cease; and,

5. Treaties and other obligations between the belligerents, which were suspended by the war, are revived, except so far as they may be incompatible with the altered state of things.'

1 See Article 938 of this Code; and Bluntschli, Droit. Intern. Codifié, $ 715.

Perhaps the principle that all public movable property of the hostile nation, other than military treasure and contraband of war, seized and appropriated by the belligerent nation to its own use, should be considered compensation for the cause of the war, ought to be embodied as a positive regulation; though this is rather a matter of agreement than a right of the conquered nation.

2 The rights of war exist only while the war continues. If peace be concluded, a capture made immediately afterwards on the ocean, even where peace could not have been known, is unauthorized, and property so taken is not prize of war, and must be restored. See Lawrence's Wheaton, Elem. of Intern. Law, p. 884, § 5; Dana's Wheaton, § 547.

Triss, Law of Nations, pt. II., 353, § 178; Phillimore's Intern. Lau, vol. III., p. 145.

In the case of Preston, the Attorney-General of the United States gave his opinion that the cessation of the war of the rebellion, and the peace proclamation of the President relieved from parol and from military jurisdiction, rebel officers who had surrendered and had been discharged upon parole. 12 Opinions of the U. S. Attorneys-General, 120. 4 Bluntschli, Droit Intern. Codifié, § 716.

By the old doctrine of uti possedetis, in the absence of auy com act, each belligerent is entitled to the sovereignty of the territory and the ownership of all public proper of the hostile nation of which he s

military occupation at the termination of the war; but it should seem just to restrict this right within narrower limits. The subject is almost always regulated by a treaty of peace; and in the rare cases in which this may be omitted, it will be sufficient to provide for the right of the conqueror to movables in possession, and to territory of which he has achieved complete conquest, and the public property therein.

Such for instance are the levying of forced loans, &c., or collecting those previously levied. Halleck, Intern. Law and Laws of War, p. 860. Kent's Commentaries, vol. 1., p. 177; Halleck's Intern. Law and Laws of War, p. 862.

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938. Where the authority of one belligerent nation over any territory of the other, has become permanently established, either by cession, or by acquiescence, the conquest is deemed completed,' from the time the conqueror unequivocally manifests his ability and intention to retain such territory as his own, under civil government, and in a state of peace. Until that time it is deemed to be held by military occupation' only.'

1 Dana's Wheaton, Elem. of Intern. Law, note 169, p. 434.
See Chapter LVI., concerning MILITARY OCCUPATION.
8 Halleck, Intern. Law and Laws of War, pp. 811-814.

National character and allegiance of members of conquered nation.

939. In case of the completed conquest of a nation, its members become members of the conquering nation.

The national character thus acquired may, of course, be changed by naturalization; and meanwhile the duty of allegiance may be extinguished by subsequent, or even previous, removal from the territory, coupled with the intent to become naturalized elsewhere. See Articles 261-265.

By the provisions of the BOOK on PEACE, allegiance follows national character, subject to the right of expatriation.

The same.

940. In case of the completed conquest of part of the territory of a nation, if not otherwise provided by special compact, its members, domiciled within such

territory, become members of the conquering nation, unless within six months after the completion of the conquest they exercise the right of expatriation, defined by articles 264 and 265; in which case they are deemed to have retained their former national character and allegiance.

See Halleck, Intern. Law and Laws of War, pp. 816–820.

Immediately after the surrender of Paris and the cession of Alsace and Lorraine to Germany, and before the treaty of peace was ratified, Mr. Washburne gave certificates of German nationality to citizens of those provinces who desired to leave Paris in consequence of the French conscription. Foreign Relations of the United States, 1871, pp. 329, 344.

Effect of completed conquest as to persons and property.

941. In the case of a completed conquest, if not otherwise provided by compact:

1. The conquering nation may regulate the political and civil rights of those who thereby become members of it ;'

2. The conquering nation must respect the private rights, and titles to property, of persons within the territory, and by proper laws and regulations insure to them the means of enjoying those rights; and, until otherwise declared, all laws of the former government regulating the private relations of persons, and of corporations both private and municipal, to each other, and their private rights of property remain in force, so far as they are not inconsistent with the organic law of the conquering nation; and,

3. Subject to the provisions of Chapter III. of this Code, entitled "PERPETUITY OF NATIONS," the conquering nation succeeds to the title of all public property and rights of the enemy within the conquered territory; and may make valid transfers or releases of such property and rights.*

1 Dana's Wheaton, Elem. of Intern. Law, note 169, p. 434; Halleck, Intern. Law and Laws of War, p. 822.

2 Dana's Wheaton, note 169, p. 434; Halleck, Intern. Law, pp. 830–838.

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