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(Id., pp. 291, 363,) although he was understood by the government of the United States to have conceded it. (Id., p. 377.) But his refusal to recognize it was based partly on the plea that a fortified capital was unprecedented ; (Id., p. 372,) and partly upon the plea that the French Republic had not been recognized by the German powers. Id., p. 365.
Perhaps the same right of communication with the hostile nation shonld be secured to those public agents who under the last Article may have undertaken to use their friendly offices in behalf of its members.
Sve Letters of Count Bismarck, Foreign Relations of the United States, 1871, pp. 293, 373 ; Letter of Mr. Fish to Mr. Bancroft, Id., p. 377.
Interdiction of entrance of foreigners.
913. A belligerent may by interdiction render unlawful the entrance of passive' enemies into its territory; and may close any or all of its military ports, in the manner and to the extent provided in Chapter LXVII., entitled BLOCKADE.
? The entrance of active enemies is of course a lawful hostility.
Interdiction of communication.
914. A belligerent may, in case of military necessity, suspend, wholly or in part, railway and telegraphic communication across its territorial boundaries.
915. The mail service shall not be affected by war between the corresponding nations, until after one nation has received from the other a notification of its restriction or suspension of postal communication. The mail service between a belligerent and a neutral nation shall not be affected by war.
* Postal convention between Great Britain and France, Sept. 24, 1856, Art. XI.,
y | Accounts and Papers, 1857, vol.
" AL XVIII., (11 ;) 7 De Clercq, 152. Belgium, Oct. 19, 1844, “ VIII., Accounts and Papers, 1845, vol.
LII. These treaties also provide that upon a notification by one belligerent of the discontinuance of postal communications with another, the mail packets of the two countries shall be permitted to return freely and under special protection to their respective ports; which is sufficiently embraced in Articles 845, 922, and 923.
The postal convention between the United States and
Mexico, Dec. 11, 1861, " IX., 12 Id., 1205, each provide that the mail service shall continue until six weeks after a notification shall have been made of the discontinuance of postal communications.
And by the postal convention between the United States and .
it is provided that, whenever in consequence of war, or threatened war, the correspondence between the two nations can not be conveyed by steamers of either nation, it may be conveyed by steamers under neutral flags, subject to all the regulations contained in the postal conventions between the two nations.
Foreigners' rights of residence and vocation.
916. Members of a belligerent nation and neutrals, who are within the territorial jurisdiction of the hostile nation at the declaration or commencement of war, may remain and continue their vocation therein, subject to the provisions of Book First of this Code,' so long as they continue wholly passive, and commit no offense against the provisions of this Code, or the laws of the place. But in case of a breach of such condition, they may be punished or sent out of the territory of the nation, or be required to remove to any designated place within it.”
The provisions referred to make foreigners subject to the general laws of the country, (Articles 319, 328, 330, and 331.) and reserve the right of a nation to exclude them from offices, official trusts and particular vocations.
Troiss, iLaw of Nations, Part II., p. 90,) urges a distinction between domiciled and transient alien enemies—a distinction once perhaps substantial, but now, with increasing rapidity of intercommunication, becoming every day less important. Beffter says, that a temporary deten. tion of hostile subjects may be necessary to prevent them from commu. picating with their fellow countrymen, in respect to the plans of the belligerent. Heffter, $ 126, 2, cited by Twiss, Law of Nations, Part II.,
Vattel, however, (Droit des Gens, liv. 3, ch. 4, $ 63,) says, that the sovereign who declares war can not detain those subjects of the enemy who are within his doininions at the time of such declaration ; and that they are to be allowed a reasonable time to withdraw, because, by per
mitting them to enter his territories, he tacitly promised them protection, and security for their return.
The Article here proposed is drawn from the usual provisions in modern treaties, to the effect that at the time of war or interruption of friendly intercourse between the two nations, the members of either nation residing or established in trade or other employinent within the territory of the other, who choose to remain, may do so, and carry on their business without interruption or demands, other than those imposed on wative subjects, so long as they behave themselves peaceably and observe the laws.
Treaty between the United States and
July 27, 1853, “ XII., 10 Id., (Tr.,) 237.
July 26, 1851, “ XXXII , 10 Id., (Tr.,) 28.
But if the conduct of the members of a belligerent nation within tho territory of the other belligerent should render them justly suspected, they may be required to leave the country within a certain period, with their families, effects, and property, under a safe conduct to be furnished, or to remove forthwith to such places in the interior as may be designated,
Treaty between the United States and Peru, July 26, 1851, Art. XXXII., 10 U. 8. Stat. at L., (Tr.,) 28. And see the treaty with Great Britain, Nov. 19, 1794, Art. XXVI., 8 Id., 110. See also treaty between France and Peru, March 9, 1861, 8 De Clercq, 193.
By several of the above-mentioned treaties it is also provided that the citizens of either nation residing within the territory of the other at the commencement of war between the two nations, shall be allowed, within a certain time, (from six to twelve months,) to dispose of their prop erty, or to transport it wherever they please, and under a safe conduct from the government to depart, with their money and effects, from the country.
And a similar provision was contained in the treaty of Utrecht, between Great Britain and Spain, Art. VI.; and in the treaty between Great Britain and Russia, of 1766, Art. XII., and of 1797, Art. XII.; also in the treaty between the United States and the Republic, sro
Feb. 8, 1867, Art. 1., 15 U. 8. Stat. at L., (Tr.,)167. Bolivia, May 13, 1858, “ XXVIII., 12 Id., 1003.
The right of foreigners to remove their property from the territory of a nation is provided for by Article 336.
By the treaty between the United States and
the right of the members of either nation residing within the territory of the other, at the commencement of the war between the nations, to continue their residence and vocation, is secured only to persons of other occupation than that of merchant.
If it be thought desirable to reserve to a belligerent the right to send away passive enemies, the following provision may be sufficient : Mem. bers of one nation, being within the territory of another, who do not, before the expiration of six months after the commencement or declaration of war between the two, remove therefrom or become naturalized therein, and members of one of several belligerent nations, who come within the territory of the hostile nation to reside, with the knowledge of the existence of war between such nations, may be treated thereafter and during the war as enemies, active or passive, as the case may be, or be required forthwith to leave the country. Grotius, de Jure Belli ac Pacis, III., c. 2., $ 7.
In the Franco-Prussian war, the French government first, in effect, forbade Germans capable of military service from leaving France with. out special leave, and subsequently commanded all Germans to leave.
917. A belligerent must give safe conducts to the agents of international intercourse of neutral powers, who can not conveniently reach their destination without passing through its territory or military lines, and to persons sent out of its territory under article 911 or 916.
Lieber's Instructions, T 87. See Article 137 and 138 of this Code.
Effect of safe conducts.
918. A safe conduct, unless otherwise expressed, is subject to the following rules :
1. If giving license to go to a place, license to return is implied, in case that be a part of the purpose for which it was granted :
2. If giving license to leave a place, protection, during the journey to cross the boundaries of the territory or military occupation, is implied ;
3. If granted to a particular person it is not transferable, and does not include his family, but includes necessary attendants and equipage, according to rank or position ;
4. If granted to a class, such as clergy or military persons, it includes all persons of the class of whatever degree, such as bishops, or commanders ;
5. It extends to all places on land or at sea within the territorial jurisdiction, or the range of hostilities of the belligerent granting it; and,
6. It is not terminated by the death or removal of the person by whom it was granted.
These rules are suggested by Grotius, as quoted by Widman Intern. Law, vol. 2, p. 29.
919. A belligerent may require passports from the members of other nations, whether belligerent or neutral, voluntarily seeking to enter or leave its territory or military lines.
Interdiction of interior traffic.
920. A belligerent may, within its territorial limits, or within the district actually occupied by its armies, prohibit or otherwise restrict the exportation or transit of, or traffic in, anything needed for its own military purposes, or intended to promote the purposes of the enemy.
Other Articles declare the inviolability of private property ; but this Article secures the control necessary for military purposes ; so that all property may be taken and held on making compensation.
Ships of a neutral may as freely as in peace traffic to and fro between any unblockaded place in a belligerent's territory, and any other such place, or any place in neutral territory. Goods on board such ships, are free from capture, wbatever may be their ownership, unless contraband,
Treaty between France and Peru, March 9, 1861, Art. XX., 8 De Clercq, 200.