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for reparation as if it were an infraction of international law, would be exacting in international questions an administrative perfection to which few, if any, governments could in fact attain, or could reasonably hope to attain in their internal affairs; it would be establishing a rule which it would be impossible to apply and which would be consequently unjust and fallacious; it would finally give rise to incessant and exaggerated claims as the occasion offered, and would render the position of a neutral intolerable. On the other hand, a nation ought not to be held responsible for a delay or omision which may be due simply to accident and not to a want of foresight or reasonable care. Finally, it does not suffice to demonstrate that an act has been committed which the government should have foreseen. What must be advanced and proved is that the government failed to exercise the same amount of care as it usually employs in internal affairs, and which it may be reasonably required to use in matters affecting international interests and duties.

The rule stated in the foregoing Article seems, however, a just one, and has the advantage of being clear and definite; while the rule referring to the diligence used in municipal affairs, affords no just criterion, since the degree of diligence may vary in different places.

Violations of neutrality.

971. Every voluntary entrance of belligerent forces, byland or sea, within the territorial limits of a neutral nation, with hostile purpose, and every hostility therein, except in case of an instant and unavoidable necessity of self-defense, is a violation of neutrality.'

Such a violation of neutrality may be immediately repelled by the neutral, by force.'

1 Halleck, Intern. Law & Laws of War, pp. 517–521; and authorities cited. 2 Id., p. 517; Lushington's Naval Prize Law, p. 62, § 266.

Lushington says, that a commander may pass over neutral territorial waters, in order to effect a capture beyond, provided they are not waters which cannot be usually passed through without express permission. Naval Prize Law, p. 63, § 274.

Land forces violating neutrality to be disarmed. 972. If the land forces of a belligerent enter neutral territory, it is the duty of the neutral immediately to disarm them, release their prisoners, and cause them to restore all booty which they may bring with them.

Halleck, Intern. Law and Laws of War, p. 524; and authorities cited. Right of asylum limited.

973. No public armed ship of a belligerent can enter

a neutral port or roadstead, for any purpose whatever during the continuance of hostilities, except in case of distress, or when sent solely for the purpose of official communication with the neutral nation. When such a ship enters in case of distress, it must remain during the continuance of hostilities.

This rule is new.

The existing rule is that either belligerent may claim the right of asylum, for its vessels of war, public or private, and their prizes, unless the neutral nation has signified its refusal of asylum. 7 Opinions of U. S. Attorneys-General, 122.

Supplies limited.

974. No public armed ship of a belligerent, while in waters within the jurisdiction of a neutral nation, shall take in any supplies, except provisions and such other things as may be requisite for the subsistence of her crew, and except so much coal only as may be sufficient to carry her to the nearest port of her own nation.

Earl Granville's Instructions to the British Admiralty, July 19, 1870.

Protection of hostile ships in neutral port.

975. No public armed ship of a belligerent shall leave any waters subject to the jurisdiction of a neutral, from which any ship of the other belligerent, whether public or private,' shall have previously departed, until after the expiration of at least twenty-four hours from such departure, unless the commander give his word of honor not to attack, visit, or give chase to, the latter ship during the whole of her immediate voyage.'

Earl Granville's Instructions to the British Admiralty, July 19, 1870. 1 As other provisions of the Code exempt private property not contraband, and render the conveying of contraband a public offense, it might be well to restrict this provision to public ships and such private ships as present evidence of sailing without contraband.

2 This rule, which Hautefeuille proposes as a substitute for the twentyfour hour rule, might be advantageously adopted as an alternative.

Priority of departure.

976. In the cases provided for by the last article, the

ship which came into the neutral waters first has a right, and may be required, to leave first, if ready for sea.

To secure this right, the ship must give to the local authorities reasonable previous notice of intention to leave, must punctually adhere thereto, and not return before the termination of the twenty-four hours.

Bernard's Neutrality of Great Britain during the American Civil War, p. 274; citing De Pistoye et Duverdy, Traite des Prises, Maritemes, vol. 1, p. 108; Hautefeuille, vol. 1, p. 366 ; Ortolan, Diplomatie de la Mer, vol. 2, p. 257.

Prizes not to be sent into neutral ports.

977. No belligerent shall send any prize taken by it into the waters of a neutral.' A violation of this article is an abandonment of the prize.

This rule is new.

It is drawn from Earl Granville's Instructions to the British Admiralty, July 19, 1870.

Restoration of prizes captured in violation of neutrality.

978. It is the duty of a neutral nation to take possession of prizes captured within its territorial limits, or sent within such limits, by a belligerent, in violation of its neutrality, whenever such prizes can be found within its jurisdiction; and, on application of the nation aggrieved, to restore the same to their owners.

Halleck, Intern. Law and Laws of War, p. 530; Wheaton, Elements of Intern. Law, pt. IV., ch. 3, § 13.

Of course, this Article will not apply where the validity of the capture has been adjudged in a prize court; because by other provisions of the Code, full faith and credit must be given in each nation to the judgments of the courts of every other.

Transactions in breach of neutrality everywhere

void.

979. It is the duty of the courts of a neutral nation to treat as unlawful all transactions of belligerents and of neutrals in violation of the provisions of this Book, or in violation of prohibitions lawfully declared under them.

The present law of nations leaves the enforcement of blockades to

622

OUTLINES OF AN INTERNATIONAL CODE.

the belligerents, and neutral courts will not annul a contract to export contraband, (Chavasse, Ex parte, in re Grazebrook, 11 Jurist, N. S., 400; 34 Law Jour., Bank., 17; 13 Weekly Rep., 627; 12 Law Times, N. S., 249 ; The Helen, 11 Jurist, N. S., 1025; 35 Law Jour., Adm., 2; 1 Law Rep., Adm., 1,) or relieve against an illegal recapture; though this has been contested. Bernard's Neutrality, pp. 327–9. But when contraband traffic only is made illegal, the obligation of the neutral may properly be made coextensive.

Breaches and violations of neutrality declared public offenses.

980. Any person committing an act within the territorial limits of a neutral nation, which involves either a breach or a violation of its neutrality, except one acting under lawful superior authority, is guilty of a public offense.

See Halleck, Intern. Law and Laws of War, pp. 528-531; 1 Duer on Insurance, pp. 754-775.

Redress for injuries in violation of neutrality.

981. A neutral nation is bound, so far as it has jurisdiction, to afford a remedy for all injuries which one belligerent may commit upon the other, within the limits of the neutral, and in violation of its neutrality.

Halleck, Intern. Law and Laws of War, p. 516; and authorities there cited. The above Article will extend somewhat the existing rule, which limits the redress given by a neutral to a restoration of the prize, with costs. See Twiss, Law of Nations, Part II., p. 487. There seems to be no good reason why the neutral courts should not afford full redress, if persons or property come within their jurisdiction.

Neutral and belligerent rights and obligations not affected by adverse belligerent not being a party to Code.

982. The provisions of this Code, in reference to the relative rights and obligations of neutrals and belligerents, apply between nations, parties to this Code, although the adverse belligerent be not a party hereto.

It may not be deemed practicable to adopt all the provisions of this Book without reciprocity. To the extent here expressed, however, perhaps it will be feasible and advantageous to do so.

DEFINITIONS AND GENERAL PROVISIONS.

ARTICLE 983. Words, how used.

B

984. Words elsewhere defined.

985. Good faith.

986. Notice.

987. Actual notice.

988. Constructive notice.

989. Certain persons deemed to have constructive

notice.

990. Who are principals.

991. Who are accessories.

992. Genders.

993. Numbers.

994. Computation of time.

995. Code, every where locally binding.

996. National powers, how exercised.

997. Powers and jurisdiction not obligatory.

998. Forging or counterfeiting public securities, &c.

999. Uttering forged instrument or coin.

1000. Perjury.

1001. Bribery or menace of public agent.

1002. Violation of provisions of the Code, by whom

punishable.

1003. Punishment for public offenses.

1004. Punishment of other violations of the Code.

1005. Violation of any provision of the Code by pub

lic agent.

1006. Accessions of nations to this Code.

1007. Rescission of adoption of Code.

1008. Time when adoption, or rescission of adoption,

of Code takes effect.

Words, how used.

983. Words used in this Code are to be understood in their ordinary sense, except when a contrary inten tion plainly appears, and except also that the words. hereinafter explained are to be understood as thus explained.

Civil Code, reported for New York, § 1999

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