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and obligations continue in force, and the remedies which were in abeyance come again into full operation. Peabody's claiin on Texas indemnity bonds, 12 Opinions of U. S. Attorneys General, 74. And a sequestration of debts does not divest the property therein, but only prevents the creditor from recovering them pending the war. Georgia v. Brailsford, 3 Dallas, U. S. Supr. Ct. Rep., 1.
As to debts and other personal obligations due from resident debtors to the ejected sovereign, Dana, in his edition of Wheaton, Elem. of In tern. Lau, note 169, p. 432,) says, that a payment made to a conqueror relieves the debtor from further liability to the extent of the payment made. But it does not cover mere releases or quittances. It is a defense to a second demand to the extent of the coercion and actual payment. A non resident debtor of the ejected sovereign has not the excuse of coercion; and a payment by him is in his own wrong, and not a defense against the demand of the restored sovereign.
Possession by tbe military occupant of the documentary evidence of a debt due to the objected State or its inhabitants, does not carry with it the right to the debt itself, so as to make the military occupant the legal alienee of the creditor. Halleck, Intern. Law and Lars of War, 451–3 ; Heffter, Europ. Volker., 134; Phillimore's Intern. Law, III., SS 561-2; Pfeiffer': Kriegseroberung, 165–180 ; Vattel, Droit des Gens, liv. III., ch. 14, § 112.
8 The principal exceptions are: 1. Contraband ; 2. Property forfeited by offenses of the owner ; and, 3. Property taken under military necessity.
847. The rescue by passive enemies or neutrals of any person or thing captured from them at sea or on land, before lawful transfer to a neutral purchasing in good faith and for value,' is lawful, if effected without committing an act of hostility.”
1 Bluntschli, Droit Intern. Codifié, & 740.
9“If a neutral master,” says Sir William Scott, (in The Catheripa Elizabeth, 5 Ch. Robinson's Rep., 206,)“ attempts a rescue, he violates a duty which is imposed upon him by the law of nations, to submit to come in for inquiry, as to the property of the ship or cargo; and if he violates that obligation by a recurrence to force, the consequence will undoubtedly reach the property of his owner, and it would, I think, extend also to the confiscation of the whole cargo entrusted to his care, and thus fraudulently attempted to be withdrawn from the rights of war.” And he further says: “ With an enemy master the case is very different. No duty is violated by such an act on his part,-lupum auribus teneo, and if he can withdraw himself he has a right to do so."
See The Dispatch, 3 Oh. Robinson's Rep., 278; The Washington, 2
Acton, p. 30, n.: The Franklin, 2 Id., p. 109; The Short Staple o. The United States, 9 Cranch': U. 8. Supr. Ct. Rep., 55.
Effect of recapture of property of a neutral.
848. Movable property of a neutral nation, or of its members or domiciled residents, recaptured by one belligerent from another, before its condemnation as prize by the latter, must be restored to its owner, on payment of reasonable salvage. .
Art of Congress of the United States, March 3, 1800, 2 U. 8. Stat. at L., 16; and Act of 1864, § 29, 13 U. 8. Stat. at L., 314. And see The Adeline, and matches 19.6%. Adeline, 9 Cranch's U. 8. Supr. Ot. Rep., 244, 288: The Star, 3 Wheaton's 0.8. Supr. Ct. Rep., 78, 91.
A rescue from the attack of an enemy by approaching with a superior force, is equivalent to a recapture from possession within the rule. The Ann Green, 1 Gallison's U. 8. Circ. Ct. Rep., 274.
General provisions as to the allowance, &c., of salvage, are contained in Chapter XXXV., entitled SALVAGE. See also Article 890.
Effect of recapture of property of a belligerent.
849. Private property of a belligerent captured during war, reverts to the owner from whom it was captured, on its coming again under the power of his nation, before the termination of the war, as follows:
1. Immovable property, after any interval of time;
2. Movable property, captured on land, before its removal to a place of safety, or the expiration of twenty-four hours, as provided by article 843; and,
3. Movable property, captured at sea, at any time before its condemnation as prize, as provided by article 896.
If the original capture was unlawful, the property reverts, upon its recapture, at any time previous to judicial condemnation.
Military burdens of passive enemies. 850. A belligerent, within the limits of his military occupation of hostile territory, may levy forced loans, and billet soldiers ; and may appropriate lands, buildings and ships for temporary military uses.' But members of neutral nations, lawfully within the terrritory, are exempt from liability to these burdens.'
Lieber's Instructions, ( 37. The right of eminent domain, defined by Article 50, gives greater power to a nation within its oron territory.
• The provisions of the Book on PEACE, (Article 358,) exempt foreigners from military and naval service. This exemption should not be suspended by war. See Fioré, Nouveau Droit Intern., v. 2, p. 306.
During the German occupation of Paris in 1871, the United States minister endeavored to give protection to the apartments of Americans in Paris, by issuing to the occupants certificates of nationality, and au. thorizing them to display the American flag. In disregard of these, German soldiers were billeted in the American apartments; but as the occupation was brief, and no substantial injury done, no complaint seems to have been pressed. Foreign Relations of the United States, 1871, p. 307. Count Bismarck refused to acknowledge on this point the neutral character of real property of neutrals. Id., p. 308.
Compensation for property taken for military uses.
851. When private property of enemies or neutrals, not being contraband of war, is taken by way of mili. tary necessity, the commander making the seizure must give a receipt therefor, unless compensation is made at the time.
Lieber's Instructions, 88.
By the general order of the U. S. War Department, of August 18, 1863, Gen. Ord., v. 2, p. 364, No. 288, in every case of seizure of goods by officers acting under the authority of the department, a true and perfect inventory was required to be made in triplicate; one copy to be given to the person from whom the goods were taken ; the others for the officer and the government.
CONTRABAND OF WAR.
ARTICLE 852. Kinds of contraband.
853. Contraband persons.
By the existing rules of war, the question of contraband is treated solely as a question between neutrals and belligerents. But if commerce not involving contraband, nor interdicted traffic between lines of military occupation, be made generally free, both for passive enemies and neutrals, as proposed by this Book, the doctrine of contraband becomes im. portant as a restriction on intercourse between belligerents. It is, therefore, treated here among the rules applicable to belligerents. Division V., concerning NEUTRALS, contains some further reference to the subject.
The definitions of contraband do not usually include property which is liable to confiscation merely because it is public property of the hostile nation, without reference to its being of a nature to serve the pur. poses of the war. This usage is recognized in the Articles of this Book. All movable property which belongs to the hostile nation, even though it be not within the definition of contraband, is lawful prize, by Articles 836 and 843.
Kinds of contraband. 852. The expression “contraband of war," as used in this Code, is applied to,
1. Persons ; 2. Ships ; 3. Goods; and, 4. Documents. Lushington's Naval Prize Law, p. 34, $ 165.
853. Persons are contraband of war, when impressed with the military character of the hostile nation, or when on their way for a military purpose in aid of such nation,' but not otherwise.
See Article 736. ? The treaties between the United States and the Domi
Feb. 8, 1867, Art. XV., 15 U. 8. Stat. at L., (Tr.,) 167. Bolivia, May 13, 1858, “ XVI., 12 Id., 1003.
Venezuela, Aug. 27, 1860, “ XIV., 12 Id., 1143, recognize the principle that persons on board a neutral ship, although they may be enemies of both or either party, are not to be taken out of that ship, unless they are officers or soldiers, and in the actual service of the enemy.
By the treaty between France and Peru, March 9, 1861, Art. XX., § 1, (8 De Clercq, 200,) it is provided that persons on a neutral ship are free of capture, unless actually in the service of the enemy, or destined to enter it.
In the absence of treaty stipulations, the prohibition has been extended to pretended ministers of a usurping power, not recognized as legal by the captor or the neutral. The principle applies, says Mr. Seward, (Letter in the Trent Case, see Bernard's Neutrality of Great Britain during the American Civil War, p. 205,) to civil magistrates sent out on public service and at public expense; and to the bearers and carriers who undertake to carry contraband dispatches.
Lushington, (Naval Prize Law, p. 39, $ 190,) states, that under the present English rule the following persons on board a neutral ship, which has a hostile destination, are contraband:
1. Soldiers or sailors in the service of the enemy, (Friendship, 6 0. Robinson's Rep., 420 ;) and,
2. Officers, whether military or civil, sent out on the public service of the enemy at the public expense of the enemy. The number of such officers is immaterial, (Orozem bo, 6 O. Robinson's Rep., 430.)
And, (Id., p. 40, $ 191,) states, that ambassadors from the enemy to a neutral State are not contraband, and their presence on board a neutral vessel is no cause for the detention of the vessel.
854. Except when exempted under articles 786 and 834, ships are contraband of war, if used or destined for use by the hostile nation in war, and not otherwise.